MAURITIUS

• Legal framework:

– Mauritius’s Constitution of 1968

https://www.constituteproject.org/constitution/Mauritius_2016.pdf?lang=en

3. Fundamental rights and freedoms of the individual

It is hereby recognised and declared that in Mauritius there have existed and shall continue to exist without discrimination by reason of race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, each and all of the following human rights and fundamental freedoms

1. the right of the individual to life, liberty, security of the person and the protection of the law;
2. freedom of conscience, of expression, of assembly and association and freedom to establish schools, and
3. the right of the individual to protection for the privacy of his home and other property and from deprivation of property without compensation,

and the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.

13. Protection of freedom of assembly and association
14. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and, in particular, to form or belong to, trade unions or other associations for the protection of his interests.
15. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision
16. in the interests of defence, public safety, public order, public morality or

public health;

1. for the purpose of protecting the rights or freedoms of other persons; or
2. for the imposition of restrictions upon public officers,

except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justiable in a democratic society.

• Legislative framework:

–   MAURITIAN CIVIL CODE, Chapter Six, articles 1873-28 to 1873-32 inserted by s. 59 of Act 9 of 1983.

https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/88152/114145/F-172904586/MUS88152%20Fre.pdf

–  REGISTRATION OF ASSOCIATIONS ACT, Act 35 of 1978 – 3 January 1979

https://attorneygeneral.govmu.org/Documents/Laws%20of%20Mauritius/A-Z%20Acts/R/Re/Registration%20of%20Associations%20Act-I9.pdf