‘Year of justice for Africans and people of African descent through reparations’: Can Mauritius lead by example or remain a spectator?
Posted: 26 March, 2025 Filed under: Lakshita Kanhiya, Michael Gyan Nyarko | Tags: 37th Ordinary Assembly, administration of justice, African Committee of Experts on the Rights and Welfare of the Child, African Court on Human and Peoples’ Rights, African Court Protocol, African Union, Anil Kumarsingh Gayan, beacon of democracy, colonial heritage, economic stability, historic declaration, human rights, Mauritian legal system, Mauritius, quest for justice, reparations, Year of Justice for Africans and People of African Descent Through Reparations 1 Comment |
Author: Lakshita Kanhiya Legal Associate, Initiative for Strategic Litigation (ISLA) in Africa |
 |
Author: Michael Gyan Nyarko Deputy Executive Director, Institute for Human Rights and Development in Africa (IHRDA) |
The Heads of States and Governments of the African Union (AU) have declared 2025 the ‘Year of Justice for Africans and People of African Descent Through Reparations’. This historic declaration, made during the 37th Ordinary Assembly held in Addis Ababa in February 2024, resonates deeply within the broader quest for justice, human rights, and the long-overdue reckoning with colonial legacies across the continent. As the continent prepares to collectively reflect on justice and reparations, it becomes imperative to critically assess the structures and systems that hinder the realisation of justice for African people. One such structural barrier lies in the reluctance of several African states, including Mauritius, to fully embrace the jurisdiction of the African Court on Human and Peoples’ Rights (African Court) through direct access for individuals and NGOs under article 34(6) of the Protocol establishing the African Court (African Court Protocol /Protocol).
Miss Universe Mauritius 2024: A landmark in the legal battle for transgender equality
Posted: 23 August, 2024 Filed under: Lakshita Kanhiya | Tags: anti-discrimination protections, Association VISA-G, beacon of hope, Central Population Database, Civil Status Act of 1981, discrimination, gender identity, human rights, international human rights treaties, Jeanny Michelle Karla Fanfan, legal framework, legal obstacles, legal recognition, LGBTQ+, Mauritius, Miss Universe Mauritius 2024, sexual orientation, stigmatisation, transgender persons, transgender rights, Young Queer Alliance Leave a comment
Author: Lakshita Kanhiya
Pan-Africa ILGA
The historic participation of Jeanny Michelle Karla Fanfan as the first transgender woman in Miss Universe Mauritius 2024 marks a significant milestone in the fight for transgender rights and inclusivity in Mauritius.[1] This moment not only symbolises progress within the realm of beauty pageants but also serves as a powerful platform to discuss the broader legal, social, and human rights challenges faced by transgender persons in Mauritius. As a general observation, the legal recognition and protection of transgender rights in Mauritius remain areas of significant concern, reflecting a broader global struggle for equality and non-discrimination.
Falling short of expectations: Safe City Project and the unsolved murder in Mauritius
Posted: 4 December, 2023 Filed under: Lakshita Kanhiya | Tags: biometric data, CCTV camera surveillance systems, drug trafficking, facial recognition, false accusations, intelligent command system, Kistnen murder, Mauritius, national security, organised crime, Safe City images, Safe City project, Soopramanien Kistnen, terrorism, transparency, unavailable images, unsolved murder, violence 1 CommentAuthor: Lakshita Kanhiya
Human Rights Advocate
In a world full of violence, criminality, organised crime and drug trafficking, there is a legitimate quest for security. Mauritius, renowned for its picturesque beaches and vibrant cultural diversity, is not exempt from the challenges posed by national security. Much like many other countries, it grapples with the spectre of criminality, terrorism, and various public safety issues.[1] The evolution of technology in the digital age is fundamentally altering the way people engage with one another in society, and as society undergoes transformation, so do the tools, methodologies, and ideologies used to address these challenges.[2] Therefore, the inception of the Safe City project in Mauritius stemmed from the pressing demand for enhancing national security, particularly with a focus on preserving the country status as a secure destination for tourists, given that tourism plays a pivotal role in the Mauritian economy.[3] However, the project’s laudable objectives are overshadowed by the glaring human rights concerns, as exemplified by the Kistnen case, where the inadequacies of the system came to light.
Is Covid-19 bringing out the inequalities in the delivery of health services in Mauritius?
Posted: 11 October, 2021 Filed under: Ashwanee Budoo | Tags: African Charter on Human and Peoples’ Rights, complicated surgeries, COVID-19, government of Mauritius, health care services, international obligations, lockdown restrictions, Mauritius, Mauritius’ Constitution, medical treatment, Naveen Ramgoolam, New ENT Hospital, public health, right to health, Social and Cultural Rights, universal access, universal social programs 1 Comment
Author: Ashwanee Budoo-Scholtz
Programme Manager of the Master’s in Human Rights and Democratisation in Africa, Centre for Human Rights, University of Pretoria
Introduction
When Mauritius recorded its first Covid-19 case on 18 March 2020, the country already had the strong backbone of the ‘solid social protection system’ to ensure that affected sections of the society are supported. In the area of health, in 2011, it was estimated that Mauritius had 3.4 hospital beds per 1000 population which was better than most sub-Saharan African countries. Hence, one could assume that the government of Mauritius would not face the failure of countries such as South Africa when it came to the provision of health care services for those affected by Covid-19.
As of 1 October 2021, Mauritius had a total of 15,695 confirmed Covid-19 cases, with 84 deaths. This was after the country relaxed its lockdown restrictions at the national level. The government has time and again spoken with pride of it being a best practice when it comes to preparedness for dealing with the Covid-19 virus. Indeed, once the country was hit by its first case of COVID-19, it started taking all measures possible to make sure it deals with the provision of health care services. To begin with, in the initial stages, it identified the New Souillac hospital and the New Ear Nose and Throat Hospital (New ENT Hospital) as a quarantine and isolation centre for those showing moderate to severe symptoms of Covid-19. For those with mild symptoms, they were isolated in make-shift treatment centres free of charge with regular follow-up. As the pandemic evolved, the country designated the New ENT Hospital, ‘equipped with the latest modern equipment and technology’ as the facility for treating Covid-19. Hence, anyone testing positive for Covid-19 with symptoms would be transferred to the New ENT Hospital. The country has also fully vaccinated more than half of the population.
Ensuring access to essential medicines through the inclusion of the right to health in the Mauritian Constitution
Posted: 5 March, 2013 Filed under: Ashwanee Budoo | Tags: African Charter on Human and Peoples' Rights, constitution, Doha Declaration, HIV/Aids, human rights, International Covenant on Economic, Mauritius, medicines, public health, right to health, right to life, Social and Cultural Rights, TRIPS, World Trade Organisation 1 Comment
Author: Ashwanee Budoo
Full-time candidate for the Law Practitioners Vocational Course in Mauritius
The right to health is protected by various international and regional instruments such as the Universal Declaration of Human Rights (article 25), the International Covenant on Economic Social and Cultural Rights (ICESCR) (article 12) and the African Charter on Human and Peoples’ Rights (article 16) and being a party to these instruments, Mauritius has the obligation to ensure that its citizens’ right to health is protected. One aspect of the right to health is the right to access essential medicines. Essential medicines have been defined by the World Health Organisation as those which satisfy the health care needs of a majority of the population. In view of fulfilling this right Mauritius, a welfare state, provides for free essential medicines in government hospitals, area health centres and community health centres.
AfricLaw 