Mauritius

A small volcanic, island nation in the Indian Ocean, Mauritius is a former British Colony that obtained independence in 1968. In 1991, when the country became a Republic, a President designated by the National Assembly replaced the Governor General, who had previously represented the Queen of the United Kingdom, the former Head of State. Mauritius is now a democratic parliamentary republic, with a Prime Minister as the head of the executive.

Mauritius has a multi-ethnic, multi-religious population of 1.2 million.¹ Uninhabited prior to its discovery, the country has no indigenous population. Africans were brought by French settlers as slaves in the 18th century and following the abolition of slavery by the British, Indians were brought as indentured labourers. In the early 1900s Chinese traders arrived on the island.

According to the 2022 census, at least 39% of the population is Hindu, 32% is Christian (predominantly Roman Catholic) and 18% is Muslim. Approximately 0.6% of the population identify with other religions, including Buddhism. Another 0.6% of the population identify themselves as non-religious.² It should be noted that Humanists International was unable to determine the religious beliefs of a further 9% of the population as it appears they have chosen to indicate their ethnicity rather than religious affiliation.

Constitution and government

Freedom of thought and religion is expressly protected under Article 11 of the Constitution,³ which provides for the freedom to change one’s religion or belief, and freedom, either alone or in community with others and both in public and in private, to manifest and propagate one’s religion or belief in worship, teaching, practice and observance.

Chapter 2 of the Constitution contains a Bill of Rights securing to the people of Mauritius fundamental rights and freedom. It is largely modelled on the European Convention of Human Rights.

“Best Loser” system

However, there is one mechanism within the electoral process, known as the “Best Loser System”,⁴ which raises serious issues as to whether Mauritius should be regarded as a secular State. The Constitution provides that, for the purpose of appointing eight additional or “corrective” members of the National Assembly, the population shall be considered as being divided into four communities: Hindu, Muslim, Chinese and General Population. All candidates to a general election must declare to which community they belong. After the democratic results of a general election are declared, the Electoral Supervisory Commission analyses the results to determine which community is “underrepresented” and appoints up to eight “corrective” members of Parliament amongst the most successful unreturned candidates belonging to the “appropriate community”. This system was adopted following Mauritius’ independence to ensure unity in the country and respond to anxieties that one ethnic group would dominate politically.

A constitutional challenge to this system before the Supreme Court and a complaint before the United Nations Human Rights Committee have placed successive Governments under much pressure.⁵ Ahead of the 2015 general elections, temporary constitutional provisions were adopted to exempt candidates from the obligation to declare their “community”.⁶ In March 2025, the Prime Minister announced that this reform would be made permanent and that there would be an amendment to the Constitution.⁷ At the time of writing, this reform has not come into effect.

Previous attempts to reform the electoral system, including to introduce a dose of proportional representation and abolish the Best Loser System was tabled in late 2018,⁸ but the bill was not enacted.⁹

The UN Committee on the Elimination of Racial Discrimination has expressed concern about the continued classification of the population of Mauritius. It has recommended holding countrywide consultations to change the existing classification of groups in a manner that allows for genuine self-identification.¹⁰

Recognizing and funding religion

The six main religious groups that were present before independence have been recognized by parliamentary decrees, namely; Hindus, Catholics, Muslims, Anglicans, Presbyterians, and Seventh-day Adventists, as well as the Church of Jesus Christ which was recognized in 1985. These religious organizations receive an annual lump sum payment from the finance ministry based on the number of their adherents as determined by the census. The law requires other religious groups to be registered under the registrar of associations, although there are no penalties for not registering. The finance ministry may grant these new groups tax-exempt privileges.¹¹ While the non-religious are not able to register as a religious organization under the law, they are able to register a non-religious charitable trust, foundation or institution through which they could receive similar tax benefits.¹²

Education and children’s rights

The Constitution provides for the right of any religious denomination or association to establish and maintain schools at its own expense. It also provides that no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion that they do not profess.¹³ Both public and private primary and secondary schools are allowed to provide religious education. Catechism is taught in all Catholic schools but students are allowed to opt out and civic education classes are offered. Classes educating children on the traditions, practices and beliefs of Islam and Hinduism are offered in both private and public high schools, but religious classes in those faiths are provided outside of school.¹⁴

The Education Act¹⁵ allows the government to provide grants in aid to non-government schools including schools established by religious bodies (known as “confessional schools”). Confessional schools are heavily subsidized by the Government.¹⁶ The Education Act stipulates that all Government schools and all schools in receipt of a regular grant in aid from Government funds shall be open to pupils of any race or religion.

Child marriage

While the rate of child marriage in Mauritius is relatively low, the practice does still occur and is accepted by some religious groups.¹⁷ The 2020 Children’s Act¹⁸ set the legal age at 18 for both sexes, officially criminalizing child marriage. In its latest Universal Periodic Review the UN Committee on the Rights of the Child recommended that Mauritius ensure the full implementation and monitoring of this law, including by sanctioning those officiating child marriages.¹⁹

Family, community and society

Despite the legislation in place to ensure fair representation of ethno-religious minorities in Mauritian politics, different groups often express feeling under-represented in certain sectors. Tensions between Hindus and Muslims also continue to be reported.²⁰ The UN Committee on the Elimination of Racial Discrimination has expressed concern about the persistence of hierarchical structures along ethnic and cast lines.²¹

Women’s Rights

According to the UN Committee on Economic, Social and Cultural Rights “deep-rooted gender role stereotypes, patriarchal attitudes and persistent discriminatory cultural norms and practices against women” persist in Mauritius.²²

Gender-based violence against women and girls remains prevalent, particularly domestic violence.²³ National legislation does not include a comprehensive definition of discrimination against women and discriminatory provisions in the Constitution remain in force.²⁴

Marriage

Women in religious marriages, whose marriages are not registered, do not benefit from any legal rights protection. This situation particularly affects Muslim women in Mauritius who may face a range of personal status issues including polygamy, rights of survival, divorce, recognition of children, and custody. It is estimated that about 110,500 Muslim women in Mauritius could be impacted by these legal inequalities.²⁵

The UN Committee on the Elimination of Discrimination against Women has recommended that Mauritius make the registration of all marriages mandatory and to criminalize non-compliance.²⁶

Abortion

Before 2012 abortion was prohibited in all cases. However, despite different degrees of opposition from religious groups,²⁷ the Criminal Code was amended to authorize abortion where the continued pregnancy would endanger the life or health of the pregnant woman, including mental health considerations, or where there is a substantial risk that the continued pregnancy will result in a severe malformation, or severe physical or mental abnormality, of the foetus, or if the pregnancy has not exceeded its fourteenth week and results from a case of rape, sexual intercourse with a girl under the age of 16 or sexual intercourse with a specified person which has been reported to the police.²⁸ Although complications related to unsafe abortion are decreasing, illegal abortions continue to take place due to the limited circumstances under which the procedure is permitted.²⁹

LGBTI+ Rights

In October 2023, the Supreme Court decriminalized same-sex sexual relations, stating that their prohibition did not “reflect any indigenous Mauritian values but was inherited as part of [the] colonial history from Britain.”³⁰ Previous attempts by the Government to abolish the prohibition of “sodomy” between consenting adults had faced opposition by religious groups,³¹ and the 2018 gay pride parade was blocked by religious groups and had to be cancelled.³² However, not all religious groups are hostile to LGBTI+ people; in 2023 the Council of Religions hosted a workshop on preventing stigmatization of the LGBTI+ community.³³

Same-sex marriage remains unrecognized however,³⁴ and LGBTI+ people reportedly still face discrimination and violations of their individual rights and freedoms.³⁵ There is further work to be done to protect the rights of the LGBTI+ community both in law and practice. In their joint submission to the UN Human Rights Council Universal Periodic Review for Mauritius, the Young Queer Alliance and ILGA World recommended amending section 282 of the Criminal Code to broaden the current terminology beyond “racial hatred” to include “sex”, “sexual orientation” and “sexual identity” in order to encompass all forms of incitement to hatred.³⁶ As part of the same review, another group of LGBTI+ rights organizations recommended that other anti-discrimination legislation, such as the Equal Opportunities Act, be amended to include “gender”, “gender non-conforming” and “transgender persons”.³⁷

Freedom of expression, advocacy of humanist values

Political and civil rights have historically been well protected in Mauritius and the Constitution guarantees freedom of expression under Article 12.³⁸ However, over recent years there has been a tightening of restrictions on freedom of expression while corruption continues to be an issue.³⁹

In the lead up to the 2024 parliamentary elections, leaked audio recordings of conversations between high profile government figures were posted on various social media platforms. According to Human Rights Watch, the recordings appear to include references to state-sanctioned mass surveillance. In response to the leaks, access to all social media platforms was shut down, days before the election. Twenty-four hours later, after widespread criticism, the shutdown was lifted.⁴⁰

Media Freedom

According to Reporters Without Borders,

“The media scene in Mauritius consists of two very distinct sectors. On the one hand, there are highly politicised media, including the national radio and TV broadcaster and other pro-government media, which are often guilty of propagandising, and media that supports the opposition, which are at risk of being sidelined by the government. On the other hand, there are media outlets that are very outspoken but sometimes veer towards sensationalism and undermine the quality of their reporting. Independent, serious and reliable media struggle to find a place in this landscape.”⁴¹

Sanctions by the media regulatory agency, which sits within the executive branch, are reported to disproportionately target opposition media.⁴² In 2018, the Information and Communications (ICT) Act was revised meaning that journalists could face prison sentences of up to ten years for content deemed to be “offensive” or “likely to cause harm”.⁴³

Threats and acts of intimidation against journalists, while previously rare, have increased in recent years. Four journalists critical of the government faced cyber-harassment in 2022 and two of them were also targeted during a series of arrests.⁴⁴

In December 2020, a radio station was taken off air for 72 hours following a programme during which a unionist called Indian Prime Minister, Narenda Modi “racist”.⁴⁵

Defamation is criminalized under Mauritius’ Criminal Code Act. UNESCO has recommended decriminalizing defamation and placing it within a civil code in accordance with international standards.⁴⁶

‘Blasphemy’ law

Section 206 of the Criminal Code⁴⁷ criminalizes causing “outrage against public and religious morality”.

Section 206 (1) reads:

“Any person who by words, exclamations or threats used in a public place or meeting; by any writing, newspaper, pamphlet or other printed matter, or by any drawing, engraving, picture, emblem or image, sold or distributed or put up for sale or exhibited in any public place or meeting; or by any placard or handbill exhibited for public inspection, commits any outrage against any religion legally established, or against good morals or against public and religious morality (‘la morale publique et religieuse’), shall on conviction be liable to imprisonment for a term not exceeding two years and to a fine not exceeding 100,000 rupees.”

The penalty amounts to approximately $2,250 USD.

Section 206 (1) (b) further stipulates that “matters of opinion on religious questions” are not deemed to be an outrage.

The “outrage on religious worship” is also criminalized in Section 185 of the Criminal Code:

“Any person who, by word or gesture, commits an outrage on the objects used for religious worship in the place devoted to or actually used for such religious worship, or upon any minister of such religion whilst officiating as such, shall be punished by a fine not exceeding 100,000 rupees, and imprisonment for a term not exceeding two years.”

There are no recent reports of the use of the ‘blasphemy’ laws in Mauritius.⁴⁸

Freedom of Assembly and Association

It has been reported that, while there may not be systemic violations, assemblies and protests have been more closely monitored by the authorities over recent years. For example, militarized police were deployed during peaceful protests in Port Louis in 2021.⁴⁹ These trends have caused civil society actors to feel more restricted in their work and there are reports of human rights defenders facing arbitrary arrests, unlawful interference in their privacy, censorship and a lack of investigation into violence perpetrated against them.⁵⁰

Lawyers taking on human rights cases also report feeling increasingly less safe when carrying out their work, citing persecution by the Special Striking Team, a section of the Mauritian police force.⁵¹

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