Recommendation: Following the Special Review initiated in accordance with Article 16.2 of the GANHRI Statute, the SCA recommends that the NHRC maintain its “A” status.
The SCA reminds the NHRC that A status NHRIs are required to take steps to ensure that, in law and practice, it is effective and independent in line with the Paris Principles.
During its 46th session in October 2025, the SCA decided to undertake a Special Review of the NHRC in accordance with Article 16.2 of the GANHRI Statute based on third-party information and the response from the NHRI. The third-party submission cited the premature dismissal of five out of six NHRC members. The submission also alleged political interference in the appointment of the NHRC members, citing provisions allowing removal of members on subjective grounds, control of the staff by the Executive, and alleged perception of a conflict of interest arising from the fact that the newly appointed Chairperson is reported to be the brother of a Cabinet Minister. The third party also raised concerns about the use of police officers in investigation, the lack of pluralism and the lack of civil society participation in the work of the Commission, and limited parliamentary oversight of annual reports. To substantiate the lack of pluralism, the submission alleges significant underrepresentation of the Mauritian Creole People within the NHRC’s staff and membership. The third party further alleged that NHRC’s mandate excludes socio-economic rights, is constrained by time bars and exemptions, and lacks enforcement powers. It also highlighted issues around independence that emerged after a commissioner was reprimanded for reporting detainee injuries, amid patterns of custodial deaths and torture affecting Mauritian Creole people.
During its 47th Session of April 2026, the SCA reviewed the NHRC written response and conducted an interview with the NHRC in which it was asked to provide responses including in relation to the following issues:
Early dismissal of members
Alleged interference of the Executive in the secondment and recruitment of the Secretary General and other senior staff of the Commission
Use of police officers in investigations of the Commission
In response to these questions, the NHRC provided information on a range of actions it has undertaken or that are being implemented to address the concerns raised by the SCA.
With regard to the early dismissal of members, the NHRC informed that the President terminated the Commissioners’ mandates pursuant to section 113 of the Constitution, which allows for termination following a general election, rather than under section 3(10) of the enabling law. The Commission reported that, in response to SCA recommendations of 2008 and 2014 and concerns raised in 2025, it has developed a Code of Conduct and Ethics clarifying standards and dismissal criteria. NHRC recently submitted proposed amendments to its enabling law to the Attorney General of Mauritius and has received a written guarantee from the government that it will consider the said proposals in line with the Paris Principles. These proposed amendments include the establishment of an independent selection panel, the non-application of Section 113 of the Constitution to the members of the NHRC, and the introduction of a requirement for a disciplinary hearing before the Chief Justice prior to any dismissal. Furthermore, the NHRC has written to government requesting a fair and transparent process for the replacement of the member who recently resigned.
With regard to the involvement of the Executive in the secondment and recruitment of the Secretary General and other senior staff of the Commission, while the NHRC indicated that it forms part of the non-political arm of the Executive and noted challenges in recruiting adequately trained staff at the national level, it also highlighted planned reforms aimed at strengthening its independence. These include the introduction of public calls for applications and full financial autonomy to enable the NHRC to recruit its own personnel with the relevant expertise.
Regarding the use of police officers in investigations, the NHRC emphasises that it currently has within its staff complement police officers due primarily to the limited availability of specialised civilian investigators in the national labour market. The Commission reports a total of 28 staff, including 6 investigators, 2 of whom are seconded police officers. The NHRC informs the SCA that it recognises the use of police officers within the staff complement should not continue and they will take measures, including training their own staff, to cease the practice. The NHRC also noted this practice may blur its perceived independence and has recommended the removal of such provisions in its draft Bill. The NHRC also indicated that it does not have the capacity to fully investigate cases of police brutality, and that there is a dedicated institution that exists to deal with such matters with the public directing complaints to that body.
In light of all the information before it and the responses provided by the NHRC in writing and during the interview, the SCA considers that no further review of the institution is required at this time. However, the NHRC is encouraged:
to continue to conduct its mandate in a manner that is consistent with its independence and ensures it protects and promotes international human rights standards;
to continue to advocate for the amendment of its law, among others, to remove all provisions related to the secondment of police officer acting as investigative staff as this may impact on the NHRC’s ability to conduct impartial investigations as well as the accessibility of the NHRC to victims of human rights violations. In seeking the said amendments, the NHRC should seek support from OHCHR and NANHRI;
to continue to advocate for a clear selection and appointment process as well as safeguards to avoid unlawful and premature dismissal of members.