Mauritius: Experts of the Committee on the Elimination of Racial Discrimination raise questions on Mandatory HIV testing for migrant workers

The Committee on the Elimination of Racial Discrimination today concluded its consideration of the combined twenty-fourth and twenty-fifth periodic reports of Mauritius, with Committee Experts commending the State on the Intercontinental Slavery Museum, while raising questions on mandatory HIV testing for migrant workers, and the treatment of the Chagossian people.

Chrispine Gwalawala Sibande, Committee Expert and Country Co-Rapporteur, said Mauritius still applied HIV related restrictions on the entry, stay and residence of non-nationals, with migrant workers being required to provide evidence of their negative HIV status to qualify for work and residence permits.  Would the delegation clarify reports that Mauritius required HIV testing for any residency permit longer than 90 days, and applicants were denied on the basis of HIV status?  What had the Government done to make sure it did not violate the rights of people, especially migrants, on the basis of HIV status?  What were the plans to reform the HIV/AIDS and immigration laws in Mauritius? 

ntroducing the report, Gavin Patrick Cyril Glover S.C, Attorney General of Mauritius and head of the delegation, said the Government Programme 2025–2029 announced the setting up of a Constitutional Review Commission to make recommendations on constitutional and electoral reforms. The work of the Commission would also address several issues of direct relevance to the Committee’s concerns, including the future of the Best Loser System, the use of Kreol as a parliamentary language, and broader questions of equality and representation in Mauritian institutions.  He concluded by stating that Mauritius reaffirmed its deep commitment to the Convention and looked forward to a constructive exchange. 

Mr. Glover, responding to questions, said all migrant workers had to comply with the law and present a HIV negative test result before being granted access to the country.  If a test was positive, they were not allowed to work and had to leave the country.  For those who contracted the disease in the country, they received the same treatment as nationals, regardless of their origin.  There were currently 60 foreign workers receiving treatment for HIV/AIDS. There was no discrimination when this test was applied; it was applied across the board, wherever you came from. It was implemented as a public health policy by the Government, due to Mauritius’ small size.  Unfortunately for the time being, this would stay in place. 

In concluding remarks, Ms. Boker Wilson extended sincere thanks and appreciation to the delegation for the interactive dialogue. The delegation had delivered on its pledge to ensure openness and accountability, and the State party’s commitment to continuity was appreciated. 

Mr. Glover, in his concluding remarks, extended thanks for the dialogue which had taken place.  Mauritius viewed this exchange as an opportunity to reflect openly and recommit the State to the principles of the Convention.  History left long shadows, but Mauritius believed that progress was possible.  The State was committed to achieving unity, dignity and justice for all.   

The delegation of Mauritius consisted of representatives of the Attorney General’s Office; the Ministry of Foreign Affairs, Regional Integration and International Trade; and the Permanent Mission of Mauritius to the United Nations Office at Geneva.

The Committee will issue its concluding observations on the report of Mauritius after the conclusion of its one hundred and fifteenth session on 9 May 2025.  The programme of work and other documents related to the session can be found here. 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 on Tuesday, 29 April at 3.p.m to review the combined twentieth to twenty-second periodic reports of the Republic of Korea (CERD/C/KOR/20-22).

Report

The Committee has before it the combined twenty-fourth and twenty-fifth periodic reports of Mauritius (CERD/C/MUS/24-25).

Questions by Committee Experts

There had also been reports that the morality clauses in article 6 of the immigration act were rooted in colonial-era mentalities, and could have a disproportionate and discriminatory impact on minorities.  Had Mauritius investigated this?  Article 5 of the immigration act banned individuals with infectious, contagious, or communicable diseases.  This could encompass HIV/AIDS, which disproportionately affected marginalised groups.  Had Mauritius investigated this?

Responses by the Delegation

The State was aware of the discrepancies of the immigration act regarding communicable diseases, and acknowledged there was a need to review this legislation.  There had previously been an abominable piece of legislation, the Hoffman law, which enabled a citizenship provided to a non-citizen to be revoked.  This would also be reviewed.

Questions by Committee Expert

CHRISPINE GWALAWALA SIBANDE, Committee Expert and Country Co-Rapporteur, asked for more data on domestic workers?  Mauritius still applied HIV related restrictions on the entry, stay and residence of non-nationals, with migrant workers being required to provide evidence of their negative HIV status to qualify for work and residence permits.  Would the delegation clarify reports that Mauritius required HIV testing for any residency permit longer than 90 days, and applicants were denied on the basis of HIV status?  What had the Government done to make sure it did not violate the rights of people, especially migrants, on the basis of HIV status?  What were the plans to reform the HIV/AIDS and immigration laws in Mauritius? 

Responses by the Delegation

All migrant workers had to comply with the law and present a HIV negative test result before being granted access to the country. If a test was positive, they were not allowed to work and had to leave the country.  For those who contracted the disease in the country, they received the same treatment as nationals, regardless of their origin.  There were currently 60 foreign workers receiving treatment for HIV/AIDS.  Article 5 of the immigration act was a precautionary measure and was a new provision on the application for working in Mauritius.  There was no discrimination when this test was applied; it was applied across the board, wherever you came from.  It was implemented as a public health policy by the Government, due to Mauritius’ small size.  Unfortunately for the time being, this would stay in place.

Questions by Committee Expert

Another Expert said the mandatory HIV test was not compliant with the Convention.  It was ineffective as a public health policy and cast a negative stigma on migrant workers.

Responses by the Delegation

GAVIN PATRICK CYRIL GLOVER S.C, Attorney General of Mauritius and head of the delegation, said he took on board the views that the mandatory HIV law was ineffective and discriminatory and would act as an advocate in this regard.  All domestic workers had to obtain a resident and work permit to work in Mauritius. 

Closing Remarks

FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-up Rapporteur, said the Committee would send concluding observations which contained a follow-up for recommendations which needed to be implemented within one year. 

PELA BOKER WILSON, Committee Expert and Country Rapporteur, extended sincere thanks and appreciation to the delegation for the interactive dialogue.  The Government of Mauritius should be commended on its reassessed approach to the review which contributed to the quality of the exchange.  The delegation had delivered on its pledge to ensure openness and accountability, and the State party’s commitment to continuity was appreciated. 

CHRISPINE GWALAWALA SIBANDE, Committee Expert and Country Co-Rapporteur, thanked everyone who had been involved in the dialogue. 

GAVIN PATRICK CYRIL GLOVER S.C, Attorney General of Mauritius and head of the delegation, extended thanks for the dialogue which had taken place.  Mauritius viewed this exchange as an opportunity to reflect openly and recommit the State to the principles of the Convention.  The contribution of Committee member Yeung Sik Yuen Yeung Kam John was very much appreciated.  Mauritius had celebrated the richness of its cultural heritage and honoured the memory of historical injustices.  The establishment of a Constitutional Review Commission marked an important step forward. History left long shadows, but Mauritius believed that progress was possible.  The State was committed to achieving unity, dignity and justice for all. 

MICHAL BALCERZAK, Committee Chair, thanked all for the dialogue.  During these turbulent times, it was important to celebrate 60 years of the Convention, and the Committee looked to Mauritius to join them in these celebrations. It would be a good opportunity for Mauritius to consider accepting article 14 of the Convention on individual communications.