Mauritius

The volcanic, island nation of Mauritius is a former British Colony, obtaining 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 a democratic parliamentary republic, with a Prime Minister as the head of the executive.

Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
 
Systemic Discrimination
Mostly Satisfactory

Constitution and government

Although this is not expressly provided in the Constitution,[ref]http://mauritiusassembly.govmu.org/English/constitution/Pages/Constitution.aspx[/ref] Mauritius possesses many of the features of a secular State. On the Republican model, the people are sovereign and elect representatives to sit in the National Assembly.

Freedom of conscience is expressly protected under section 11 of the Constitution, which provides for freedom of thought and of religion, 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”, which raises serious issues as to whether Mauritius should be regarded as a secular State. The Constitution provides that, for the purpose of appointing 8 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, failing which their candidacy is automatically invalidated.[ref]http://mauritiusassembly.govmu.org/English/bills/Documents/intro/2014/bill0514.pdf[/ref] 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”.

While it may be intended to ‘balance’ representation among ‘communities’, compelling candidates to categorize themselves within one of the four communities provided under the constitution is an unusual measure and stands against the general understanding of freedom of religion or belief under which no individual should be compelled to declare their religion or belief.

A constitutional challenge before the Supreme Court and a complaint before the United Nations Human Rights Committee have placed successive Governments under much pressure. For the 2015 general elections temporary constitutional provisions were adopted to exempt candidates from the obligation to declare their “community”. An electoral reform bill to introduce a dose of proportional representation and abolish the Best Loser System was tabled in late 2018.[ref]http://mauritiusassembly.govmu.org/English/bills/Documents/intro/2018/bill2218.pdf[/ref]

Recognising and funding religion

Religious organizations, dioceses and churches are established under different legislative enactments for Catholics, Anglicans, Presbyterians, Seventh-day Adventists, Hindus, and Muslims. 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 finance ministry grants these new groups tax-exempt privileges. There is no equivalent benefit for non-religious groups.

Religious organizations regularly intervene in the political process in various ways and may go as far as calling their members to support a political party during elections. Such religious organizations also act as lobbies to defend vested interests and obtain from politicians various advantages including the appointment of their members to different public offices. Politicians overtly woo religious organizations for endorsement.

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. The Education Act 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 in particular the Catholic schools. The Education Act provides 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.[ref]http://ministry-education.govmu.org/English/legislations/Documents/Education%20Act%201957.pdf[/ref]

However, in practice, arrangements exist between the Government and confessional schools for the latter to retain a residual power in the recruitment of teachers and students in line with their religious vocation.

Section 11 of the Constitution 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 he does not profess.

Family, community and society

Mauritius is a small island in the Indian Ocean with a multi-ethnic, multi-religious population of almost 1.3 million.[ref]http://statsmauritius.govmu.org/English/Publications/Pages/Pop_Vital_Yr19.aspx[/ref] Mauritius had no indigenous population. Africans were brought by the French settlers as slaves in the 18th century, following the abolition of slavery by the British, Indians were brought as indentured labourers, and in the early 1900s Chinese came as traders. The island is home to a number of ethno-religious groups: Hindus (52%); Muslims (16%); Creoles of African ancestry (27%); Chinese (3%); and Franco Mauritians of European ancestry (2%). Most individuals from the last three groups are Christians.

Abortion

Before 2012 abortion was prohibited in all cases. However, despite strong opposition from the Roman Catholic Church, 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 female under the age of 16 or sexual intercourse with a specified person which has been reported to the police.

Sexual orientation

Section 250 of the Criminal Code provides as follows:-

“250. Sodomy and bestiality
(1) Any person who is guilty of the crime of sodomy or bestiality shall be liable to penal servitude for a term not exceeding 5 years.”

Previous attempts by the Government to abolish the prohibition of “sodomy” between consenting adults have been fiercely opposed by the Catholic Church and Muslim religious organizations. This is despite the fact that the local Labour laws prohibit discrimination based on sexual orientation. In June 2020, the Supreme Court reportedly agreed to hear the petition of the Young Queer Alliance challenging the constitutionality of the law.[ref]https://youngqueeralliance.com/2020/06/15/section-250-four-young-lgbt-mauritius-seek-for-justice-at-the-supreme-court/[/ref]

Freedom of expression, advocacy of humanist values

The Constitution guarantees freedom of expression and press freedom. Several private daily and weekly publications criticize both the ruling and opposition parties, but the state-owned Mauritius Broadcasting Corporation’s radio and television services generally reflect government viewpoints.

In the run-up to parliamentary elections, held in 2019, the government amended Information and Communication Technologies Act (ICTA) imposing heavy sentences for online messages that may be considered to “inconvenience” the receiver or reader.[ref]https://www.eff.org/deeplinks/2018/12/amendments-mauritius-ict-act-pose-risks-freedom-expression; https://ifex.org/mauritius-amends-law-to-include-harsh-penalties-for-online-content/[/ref]. As a result, several complaints were filed against journalists and media outlets over the course of 2019.[ref]https://freedomhouse.org/country/mauritius/freedom-world/2020[/ref]

The advocacy of humanist values is not expected to give rise to any serious threat although the vast majority of the population expresses adhesion to religious beliefs, values and norms.

Freedoms of assembly and association are generally honored. However, in June 2018 the Pride parade was prevented from taking place by a group of Muslim protestors. The LGBT parade had police permission and was obstructed by the hostile protesters, but police were criticized for failing to take any action against those who had participated in the illegal counter-demonstration.