The Committee on the Rights of the Child today concluded its consideration of the combined sixth and seventh periodic report of Mauritius, commending the State on the new legislation on children which had been implemented, while asking questions about teenage pregnancy and how children were educated on climate change.
Faith Marshall-Harris, Committee Vice Chair and Coordinator of the Taskforce for Mauritius, warmly commended Mauritius on the new legislation, particularly the recent ban on corporal punishment which was a great achievement. The Committee was very happy with the three new pieces of legislation discussed in the opening statement.
Aissatou Alassane Sidikou, Committee Expert and Member of the Taskforce for Mauritius, asked what measures had been taken to ensure respect for Government policies concerning the rights of pregnant school pupils and teenage mothers? What special measures were taken for young mothers still attending school? Were they given time for breast feeding, and did they have access to day care facilities close to schools?
Gehad Madi, Committee Expert and Member of the Taskforce for Mauritius, asked if climate change was included in school curricula? Were children consulted on the strategy regarding climate change? Mikiko Otani, Committee Chair, noted that Mauritius had an Environmental Protection Act 2022. What was the synergy between this act and the new climate change bill?
The delegation said pregnant teenage mothers could continue with their schooling and were provided with spaces for breastfeeding. When these teenagers returned to school, arrangements were made with the Ministry of Education to provide support for the mothers. Students were encouraged to attend school until delivery time, and an education psychologist was provided upon request. Non-governmental organizations also worked with the Ministry to address the situation of teenage pregnancies.
The Climate Change Act had already been passed, the delegation said, and the views of children had been taken into account. Mauritius had a national, multi-hazard alert system which was being implemented and was expected to be finalised in June 2023. There was collaboration between the Ministries of Education and Environment to promote an environment culture among school populations. The Ministry of Environment had also developed a master secondary school environment charter, with the goal to bring about a change in mindset, encouraging students to adopt best practices in relation to the environment.
Introducing the report, Kalpana Devi Koonjoo-Shah, Minister of Gender Equality and Family Welfare of Mauritius and head of the delegation, said the Government of Mauritius had provided for several budgetary measures to relieve those who had been most affected by global challenges, including the elderly, women and children. According to the Children's Act 2020, a child was defined as a person under the age of 18, without any derogation, and child marriage was also prohibited under the act, with the Civil Code amended accordingly. A general prohibition against corporal punishment was provided under the act to further support efforts to eliminate violence against children. The Government was working in collaboration with stakeholders on establishing a common data platform to provide disaggregated data. Ms. Koonjoo-Shah said Mauritius looked forward to the support of the international community in the direction of further protecting and empowering children.
In closing remarks, Ms. Marshall-Harris said it was a pleasure to be a part of the dialogue and commended the State on significant progress being made on children's rights, including the emphasis on education. However, there were still some aspects which needed improvement. Ms. Marshall-Harris thanked the delegation for all it had done.
Ms. Koonjoo-Shah thanked the Committee for being the partners of Mauritius in the noble journey to create the best possible future for the children of Mauritius. The Committee's views would contribute to further thinking on how to empower children and ensure their welfare. Mauritius was ready and committed to move forward.
The delegation of Mauritius consisted of representatives from the Ministry of Gender Equality and Family Welfare; the Attorney General's Office; and the Permanent Mission of Mauritius to the United Nations Office at Geneva.
The Committee will issue concluding observations on the report of Mauritius at the end of its ninety-second session on 3 February. Those, and other documents relating to the Committee's work, including reports submitted by States parties, will be available on the session's webpage. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here.
The Committee will next meet in public at 3 p.m. on Wednesday, 18 January to begin its consideration of the combined fifth and sixth periodic report of Oman (CRC/C/OMN/5-6).
Report
The Committee has before it the combined sixth and seventh periodic report of Mauritius (CRC/C/MUS/6-7).
Presentation of Report
KALPANA DEVI KOONJOO-SHAH, Minister of Gender Equality and Family Welfare of Mauritius and head of the delegation, presenting the report, said the Government of Mauritius had provided for several budgetary measures to relieve those who had been most affected by global challenges, including the elderly, women and children. These support measures included subsidies to stabilise the prices of food, wage assistance schemes to maintain employment and the undertaking of free vaccination programmes for children, among other measures. Since the submission of the last report, the Children's Act 2020, the Child Sex Offenders Register Act 2020, and the Children's Court Act 2020, which were passed in the National Assembly in December 2020, had been proclaimed as of 24 January 2022. As part of the Government's efforts towards the de-institutionalisation of alternative care, the Child (Foster Care) Regulations 2022 enabled the placement of more children within a family set up, with an increased allowance paid to foster parents to incentivise more foster homes.
According to the Children's Act 2020, a child was defined as a person under the age of 18, without any derogation, and child marriage was also prohibited under the act, with the Civil Code amended accordingly. A system was implemented in Mauritius for tardy declaration of birth to ensure that every child in the country had a name and an identity. A general prohibition against corporal punishment was provided under the act to further support efforts to eliminate violence against children. The act also brought the offences of child prostitution and child pornography in line with the second Optional Protocol of the Convention. The Children's Act also set the minimum age of criminal responsibility at 14, with the detention of minors above the age of 14 being a last resort. The Government had further reinforced the legal framework to protect children through the creation of a Children's Court, which had been operational since 24 January 2022. To secure a safe and conducive family environment for children, a committee under the chairmanship of the Prime Minister had been set up to ensure thorough implementation of an action plan against gender-based violence, launched in 2020.
Ms. Koonjoo-Shah noted that Mauritius was a small island developing State with inherent vulnerabilities and limited resources, which tried to uphold its international obligations within the country's domestic realities. The Mauritian Government was committed to doing away with large residential care institutions which could be detrimental to the care and long-term development of children in alternative care. As a result, a colloquium was organised by the Office of the Ombudsperson for Children, with 50 different governmental and non-governmental stakeholders, who intensively discussed several areas related to alternative care. The outcome of this colloquium resulted in a national programme on residential care institutions, focusing on the concept of small family like settings for children in need of alternative care being given priority. The Government was working in collaboration with stakeholders on establishing a common data platform to provide disaggregated data. Ms. Koonjoo-Shah said Mauritius looked forward to the support of the international community in the direction of further protecting and empowering children. The country's vision was to ensure that the rights of all the children of Mauritius were fully upheld.
Questions by Committee Experts
FAITH MARSHALL-HARRIS, Committee Vice Chair and Coordinator of the Taskforce for Mauritius, warmly commended Mauritius on the new legislation, particularly the recent ban on corporal punishment which was a great achievement. The Committee was very happy with the three new pieces of legislation discussed in the opening statement. Were there any difficulties making direct reference to the Convention within the legislation? Had the implementation of the new laws been planned? What was the implementation strategy? Had the stakeholders been trained, particularly the judiciary and law enforcement?
Ms. Marshall-Harris applauded the Domestic Violence Act; had the necessary training for law enforcement and other officials taken place? Was there necessary support for the implementation of those laws in place? Had the panel outlined in the Children's Act been provided with clear authority and resources to carry out its duties? Was the budget allocated to the national strategy clearly delineated? How far had Mauritius' plans been advanced as a result of international aid? Could more disaggregated data, particularly regarding children with HIV and those living in street situations, be provided? Were children aware they had a right to complain to the Ombudsman?
AISSATOU ALASSANE SIDIKOU, Committee Expert and Member of the Taskforce for Mauritius, asked if the State would provide free access to education and health care for the children of migrant parents? What measures had been taken to ensure respect for Government policies concerning the rights of pregnant school pupils and teenage mothers? What was the Government doing to ensure access to sexual and reproductive health measures? What special measures were taken for young mothers still attending school? Were they given time for breast feeding, and did they have access to day care facilities close to schools? Were there measures to ensure that the best interests of the child were taken into account when establishing policies and programmes which concerned children? Were there communication plans to raise the awareness of children about the Children's Ombudsman?
Ms. Alassane Sidikou asked what rules were adopted to ensure that children's right to be heard was respected in all areas which affected them? What measures were being taken to ensure that fostering children was not just an income-generating activity for foster families? Were there standards for foster families and care institutions which enabled the quality of care to be monitored and assessed? Was training provided to foster parents and care providers to ensure children were receiving the right level of care?
SOPHIE KILADZE, Committee Expert and Member of the Taskforce for Mauritius, said there were still some cases where children's births were not declared until an advanced age; sometimes up to 20 years. What measures were being taken to address the birth registration challenge? Would hospital records be shared with the Civil Status Office? What would the State party do to ensure the issuance of all birth certificates for children born on its territory immediately after birth, including asylum seekers? What was being done to combat the issue of statelessness? How would the State party fully implement the law concerning corporal punishment? What happened to the perpetrators?
Were there any child-friendly complaint mechanisms in place? Was the State party planning to strengthen the domestic violence information system to include disaggregated data and information on the outcome of reported incidents? Were there sufficient resources allocated to ensure child protection services for victims of violence? What steps were being undertaken to address the issue of child marriage? Were there any plans to create reliable and disaggregated data on instances of child sexual abuse? Was there an intention at the legislative level to address child abuse online?
Responses by the Delegation
KALPANA DEVI KOONJOO-SHAH, Minister of Gender Equality and Family Welfare of Mauritius and head of the delegation, said that in addition to other legislation, the three ground-breaking pieces of legislation which were enacted in January 2022 ensured that the provisions of the Convention on the Rights of the Child were claimable. Under these three acts, a dedicated court for children had been established and child marriage was prohibited. No child was allowed to get married, whether it was in a civil or religious marriage. The provisions of the new laws had been widely disseminated through sensitisation campaigns in the media, which were ongoing. Mauritius was a highly literate society which had helped when it came to incorporating these pieces of legislation.
Ms. Koonjoo-Shah agreed that data collection was the basis for all solid, efficient policy making. At present the data was being haphazardly captured by a variety of institutions. A process had started to collect the data in a harmonised manner, and the Ministry was working with stakeholders to establish a common platform for disaggregated data. The child services coordinating panel had been established under the Children's Act. The mandate of the panel was to ensure that all the recommendations of the new legislation and the Convention were being implemented in the most efficient manner. The panel operated in full transparency and was mandated to submit an annual report.
The delegation said there was a need for comprehensive policy and strategy, and therefore a national child protection strategy 2014-2022 was developed. The action plan had been implemented successfully and another 10-year plan would then take over. The Government worked in consultation with children to ensure their voices were reflected within actions and policies for children. Mauritius would be in a position to ensure that the voices of children could be brought forward and included in laws affecting them, which was ground-breaking. Child participation was given a broad theme within the Children's Act, and the regulations would be devised to promote child participation in a sustainable way within the country.
Mauritius had been working on building the capacity of social workers and probation officers, and technical experts from abroad had trained judicial personnel. Magistrates had been trained on how to address children's issues. There were also dedicated police personnel who had been trained to address child victims of abuse. Dedicated psychological services were in place to serve those who required psycho-social support, including child victims of abuse, trafficking, and abandonment. Many forums had been developed, and the Government was seeking further resources to ensure these were sustainable. These included the school children's council, a community child protection programme, and four new additional child protection services.
The delegation said migrant workers did not normally enter Mauritius with children. However, if they did, there was no discrimination against these children. All children had access to healthcare and schools, regardless of where they were born. The Government was aiming to gather disaggregated data on teenage pregnancy. Teenage pregnant mothers could continue with their schooling and were provided with spaces for breastfeeding. When these teenagers returned to school, arrangements were made with the Ministry of Education to provide support for the mothers. Regarding the issue of incentives for foster care, the money being provided was brought up in line with the cost of living, including to care for children who had health issues and special needs. Ms. Koonjoo-Shah said there was an array of methods for reporting cases of child abuse, including a 24-hour hotline, as well as family bureaus available across the island.
Mauritius had received assistance from the Council of Europe on a review of the legal framework of Mauritius, which determined that the framework in place allowed institutions to carry out investigations of online child sexual abuse and exploitation. Training on the Information and Technologies Act had been rolled out to members of the judiciary. Ms. Koonjoo-Shah reiterated the commitment of Mauritius to ensuring the best interests of the child were taken into consideration.
Questions by Committee Experts
FAITH MARSHALL-HARRIS, Committee Vice Chair and Coordinator of the Taskforce for Mauritius, asked if child marriage was still taking place in religious communities in practice? How could the new laws be enforced? Culturally it was difficult to change the process; what plans were there to make this a reality? How would it be ensured that the budget for children remained intact, following challenges such as the pandemic?
A Committee Expert said cyber bullying was covered by the law; was it explicitly included within the law? How efficient was the 24-hour hotline? How efficient were the services in place when it came to cases of violence against children?
One Committee Expert asked whether children were involved in the drafting of the report? What measures were being taken to ensure that corporal punishment was brought to an end at all levels? When would there be a law to fully address adoptions? How did adoptions unfold with the current system?
Another Committee Expert asked how the State was planning the implementation of the law against corporal punishment? Where were the bottlenecks and the challenges? What were the methods being introduced to help families and parents who had poor education to stop using corporal punishment? What sanctions would accompany this new legislation?
A Committee Expert asked about children who created their own explicit images and if this was covered in the new law?
GEHAD MADI, Committee Expert and Member of the Taskforce for Mauritius, asked when the Disability Bill would be approved, and whether there was a timeframe for its adoption? What training programmes were in place on disabilities for hospital staff? How many children with disabilities were enrolled in inclusive education? What measures were taken to deal with barriers to free access to school for children with disabilities? How was support, including psychological support, provided to children with disabilities who were placed in shelters? Information had been received that there were only 16 psychologists within the Ministry of Health for all inhabitants. What measures were being taken to combat stigmatisation against children suffering from mental health issues?
Mr. Madi asked what measures were being taken to provide contraception for minors free of charge upon request? What was the impact of sexual and reproductive health education on the prevention of early pregnancy? There had been an increase in the number of teenage pregnancies in the past year. There had also been an increase in the amount of illegal drugs and alcohol used in schools and within the communities at large. Substance abuse by children was a health issue, not a criminal issue, and therefore the police must not be involved in campaigns to prevent drug use in children. Was climate change included in school curriculum? The number of social workers was not sufficient to cover all schools in the State party. What measures were being taken to identify and analyse the root causes of drop out from school, and to put forward a comprehensive solution? How many pregnant teenagers were dropping out of school and what were their reasons? What measures were being taken to include human rights education in the school curriculum?
FAITH MARSHALL-HARRIS, Committee Vice Chair and Coordinator of the Taskforce for Mauritius, said she understood that Mauritius could not welcome asylum seekers as it was a small island. However, there was an obligation to consider a policy which assured non-refoulment to those who arrived in Mauritius. Were there any policies which stated that all children received the same level of education? Was the Workers' Rights Act of 2016 fully publicised? Were there inspectors who ensured this was being followed? Ms. Marshall-Harris was concerned about reports received about the high number of street children in Mauritius, which did not fit with the profile of the State. What was happening? Had root causes been investigated? Was there any truth that these children were targeted by law enforcement officers?
Ms. Marshall-Harris applauded the new legislation relating to child justice. Could the Committee be informed about the use of pre-trial detention? Was legal aid available to children in all circumstances? Were the courts child-friendly? How much was the State planning to invest in training, regarding the new legislation? Could the delegation comment on reports that taxi drivers were actively involved in facilitating child prostitution?
SOPHIE KILADZE, Committee Expert and Member of the Taskforce for Mauritius, asked if the legislative framework was sufficient to address the sale of children, child prostitution and pornography? Were there awareness-raising campaigns regarding the exploitation of children? The majority of trafficking victims in Mauritius were children, at 52 per cent. Were there any asylum-seeking children entering the State party from areas where children may have been recruited and used in hostilities? Were there any services in place for those children?
Responses by the Delegation
KALPANA DEVI KOONJOO-SHAH, Minister of Gender Equality and Family Welfare of Mauritius and head of the delegation, said Mauritius was a small island developing State with limited means and inherent vulnerabilities. It was the diversity of the people which the country was proud of. Over the years Mauritius had invested significantly to improve the lives of its children, including in free education up to tertiary level and providing free school transport and iPads to children, among other measures. Mauritius was largely effective in implementing its legislation, but there would always be room for improvement. The implementation of the new legislation had been carefully planned, including for seeking appropriate funding.
The delegation said that resource allocation for programmes in Mauritius was based on the priorities of the Government, and had increased over the past three years for the Ministry of Gender Equality and Family Welfare and for child services. Targets were monitored on a quarterly basis to track progress of the measures implemented. There had been sensitisation of all stakeholders for new legislation, which was ongoing. Ten video clips had been created and disseminated throughout society to raise awareness on the new laws. There were 152 welfare centres across the island and through these centres the Ministry of Gender could engage with people at the grassroot level of Mauritian society, and reach maximum numbers of people.
Mauritius had a Citizen Service Unit which had a portal that served as a complaint mechanism. Anyone could report a case, which was then transferred to the Ministry. This platform enabled the community to report cases of child abuse and acted as a preventative measure. The Government was also working with the media to enable media outlets to report on cases about children in an appropriate manner. There were dedicated child rehabilitation services within the Ministry, which worked on re-bonding children with their families so they could eventually return home. Once the child returned home, there was a division which evaluated the home situation between the children and the parents. All the institutions had very clear and defined parameters; there was no overlapping of duties.
The Child Services Coordinating Panel had clear autonomy and a defined mandate, and carried out high level meetings. The panel consisted of multiple stakeholders, including various ministries, the police, and non-governmental organizations, among others, and worked to support the coordination of Government activities in relation to children. It was anticipated that the panel would be a beneficial addition to Mauritius' legislative framework. Mauritius was working closely with different stakeholders to make the platform for collecting good data a reality; this would be crucial to devising a proper and efficient policy. Children were aware of their rights to complain in Mauritius, and made good use of this knowledge. The national human rights institution in Mauritius had been established in accordance with the Paris Principles. The law clearly defined non-discrimination, and this was captured in the provisions of the Children's Act 2020.
In case of pregnancies at school, students were encouraged to attend school until delivery time, and an education psychologist was provided upon request. The Ministry of Education facilitated the reintegration of teenage mothers in schools; support was provided from social workers and in the form of psychological support when necessary. Non-governmental organizations also worked with the Ministry to address the situation of teenage pregnancies. Three cases of teenage pregnancy were referred in 2022, with one of them resuming school; all cases were closely monitored by the Ministry. Teenage mothers were encouraged to return to school on all fronts and efforts were made to combat the stigma which may prevent them from doing so. The Office of the Ombudsperson for Children was established in 2003 and worked closely with the Ministry of Gender. Recommendations published from the Office were implemented as efficiently as possible.
The delegation said a new-born child had to be registered within 45 days of birth, and this responsibility fell on the parents. Children who were non-citizens and born to parents who were non-citizens would not be issued identity cards, but would receive a birth certificate. Every person born in Mauritius became a citizen of Mauritius, provided that at least one of their parents was a citizen at the time of the child's birth. The Children's Act prohibited all forms of child marriage. Cyber bullying was also defined and prohibited within the Children's Act and punished by a fine. A platform had been established to provide timely support to victims of child abuse on a 24-hour basis. The hotline could be used to report cases, which would be attended to promptly by a team of professionals.
Training had been provided at school and other levels on corporal punishment. A manual on appropriate ways to discipline children had been developed and distributed to stakeholders. Regarding children who created their own sexually explicit images, the action taken would depend on whether the child was below the age of 14, in which case there would be no prosecution. If the child was above the age of 14, this would be decided on a case-by-case basis. The delegation welcomed the Committee's raising of the issue and said this meant the language used within the Act may be changed, to take these cases into account. Provisions were in place for special education needs institutions to ensure an adequate and optimal learning environment for learners attending these institutions, as well as training for the staff who worked there. There were allied health professionals, including occupational therapists, physical therapists, and psychologists in place to assist children with disabilities.
Questions by Committee Experts
FAITH MARSHALL-HARRIS, Committee Vice Chair and Coordinator of the Taskforce for Mauritius, said she understood that the National Child Protection Strategy and Action Plan had expired in 2022 and was being updated. Was this the case? Why had the Optional Protocol on complaints not been ratified? This would give children another avenue for voicing their concerns. How could the Committee help with this? Had the National Action Plan to combat human trafficking been finalised?
GEHAD MADI, Committee Expert and Member of the Taskforce for Mauritius, asked whether children were consulted on the strategy regarding climate change. How did the State party ensure that its policy of compulsory education applied without discrimination?
SOPHIE KILADZE, Committee Expert and Member of the Taskforce for Mauritius, asked if birth certificates were issued for children whose parents were not citizens, as this was not clear?
A Committee Expert asked what the deadline was for obtaining a birth certificate? What was the rate of birth declarations in Mauritius? Were people really informed about the 45-day deadline?
Another Committee Expert said it was good news that social workers were implementing campaigns combatting corporal punishment. What was the scope of these programmes? Did it cover all areas? Could data be provided? Were there plans to invest in reasonable accommodation for inclusive education?
One Committee Expert asked if there were any child rights issues that needed to be dealt with during the pandemic; for example, unvaccinated children being unable to access school? How did Mauritius deal with these issues?
Responses by the Delegation
KALPANA DEVI KOONJOO-SHAH, Minister of Gender Equality and Family Welfare of Mauritius and head of the delegation, said all health professionals in Mauritius were proficient in English and also communicated in the mother tongue, and therefore there was no difficulty in disseminating information to the population. There were different leaflets available in Creole as well. Contraceptive methods to minors were provided free of charge. All minors were accompanied by their parents when obtaining these contraceptive methods. A national sexual and reproductive health policy and implementation plan had been approved. The activities included the integration of youth issues into the national programme, and capacity building to service providers, among other initiatives. Teenage pregnancy had decreased by around 20 per cent from 2014 to 2021. The majority of births among teenagers was within the 18 to 19-year age group. The national HIV services and testing policy had been developed to increase the number of people aware of their status, and enabled them to access treatment and support. Self-testing had also been introduced. Free dispensers for condoms were available to improve access of condoms in the community as a preventative method of HIV.
The delegation said the Climate Change Act had already been passed, and the views of children had been taken into account. Mauritius had a national, multi-hazard alert system which was being implemented in a phased manner, and was expected to be finalised in June 2023. There was collaboration between the Ministries of Education and Environment to promote an environmental culture among school populations. The Ministry of Environment had also developed a master secondary school environment charter, with the goal to bring about a change in mindset, encouraging students to adopt best practices in relation to the environment.
Sexuality education was integrated within the school curriculum, and covered a range of topics, including sexually transmitted diseases, taboos, misconception and human rights. These materials were very comprehensive and provided ample information on sexual and reproductive education for women of childbearing age and other students. There were not many reported cases of street children in Mauritius, but the Government looked forward to developing the data platform which was necessary to bringing about better changes in the sector. The National Action Plan on Trafficking covered from 2022 to 2026. Legal aid was always available to all children under any circumstances. The National Child Protection Strategy had come to fruition and ended in 2022. This year, the Government was renegotiating another 10-year strategy which would start in 2024.
The delegation said Mauritius was working actively to ratify the Optional Protocol on individual communications. The Children's Act allowed for children to be provided for, even if they did not have a birth certificate. All children who did not have a birth certificate were provided with a document enabling them to have access to all entitlements. A birth certificate could be provided to the mother, and the father could register his identity at a later date.
A national programme was in place for addressing corporal punishment, which was delivered throughout the island. Mauritius had a plan in place to combat poverty, as well as social protection and housing programmes. Materials comprising of schoolbooks and bags were provided to all eligible students every year. Free medical screenings for optical glasses were made available to children up to the age of 21 years. Mauritius had implemented a catalogue of measures and continually improved these to make the lives of its children better. There were no human rights issues when it came to the vaccination campaign for children against COVID-19. Mobile testing caravans had been deployed across the island when schools opened to provide for PCR testing.
Question by a Committee Expert
MIKIKO OTANI, Committee Chair, noted that Mauritius had an Environmental Protection Act 2022. Was there a plan to update this Act? What was the synergy between this Act and the new climate change bill?
Closing Remarks
FAITH MARSHALL-HARRIS, Committee Vice Chair and Coordinator of the Taskforce for Mauritius, said it was a pleasure to be a part of the dialogue and commended the State on the significant progress being made on children's rights, including the emphasis on education. However, there were still some aspects which needed improvement. Ms. Marshall-Harris thanked the delegation for all it had done.
KALPANA DEVI KOONJOO-SHAH, Minister of Gender Equality and Family Welfare of Mauritius and head of the delegation, thanked the Committee for being the partner of Mauritius in the noble journey to create the best possible future for the children of Mauritius. The Committee's views would contribute to further thinking on how to empower children and ensure their welfare. Mauritius was ready and committed to move forward.
MIKIKO OTANI, Committee Chair, thanked the delegation for the two days of constructive dialogue, and extended best wishes to all the children in Mauritius.
