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Country Reports
MAURITIUS , Landmine Monitor Report 2001
 
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MAURITIUS

Key developments since May 2000: Mauritius enacted the Anti-Personnel Mines (Prohibition) Act in April 2001. As of July 2001, Mauritius had still not submitted its first Article 7 report, due on 27 August 1999.

Mine Ban Policy

On 3 December 1997, Mauritius became the first African country to both sign and ratify the Mine Ban Treaty. On 27 March 2001, the Anti-Personnel Mines (Prohibition) Bill was adopted unanimously by the Mauritian National Assembly. On 10 April 2001, the Mauritian President assented to the Bill, which was then published in the Government Gazette of Mauritius on 28 April 2001, making it law.

The Anti-Personnel Mines (Prohibition) Act (No. 1 of 2001), provides for a total prohibition of the use, development, production, acquisition, stockpiling, retention, and transfer of antipersonnel landmines.[1] It makes violators liable to penal servitude and other unspecified penalties imposed by the Court, and it applies to violations committed in Mauritius or, in the case of a citizen of Mauritius, elsewhere.[2] The Prime Minister had announced in the National Assembly that a fine of up to a sum equivalent to US$350 would be imposable, but this does not appear in the Act as published.

As of July 2001, Mauritius had still not submitted its initial transparency report as required by Mine Ban Treaty Article 7, although it was due by 28 August 1999. Mauritius has stated that it plans to do so as soon as “appropriate action” is taken.[3] It is not clear what would constitute appropriate action. This issue was taken up during the debates at the National Assembly.[4]

Mauritius did not participate in the Second Meeting of States Parties in September 2000 and did not attend the intersessional Standing Committee meetings in December 2000 and May 2001. It also did not attend the Bamako Seminar on the Universalization and Implementation of the Mine Ban Treaty in Africa, held in Mali on 15-16 February 2001. In November 2000, at the UN General Assembly, Mauritius voted in favor of Resolution 55/33v, which calls for universalization and full implementation of the Mine Ban Treaty.

The National Assembly debates on the adoption of the Anti-Personnel Mines (Prohibition) Bill demonstrated considerable support for the global ban on antipersonnel mines. Nine speakers took the floor, each speaking in favor of a total ban.[5] The Prime Minister, Sir Anerood Jugnauth, believes that, “there should be renewed commitments towards the global effort aimed at banning new production, trade, stockpiling and use of antipersonnel mines and long-term mine clearance.”[6] Much emphasis was laid on the destruction brought by antipersonnel mines on communities across the world in terms of the suffering endured by victims and the negative socioeconomic impact, causing “cumulative setbacks to the development process.”[7]

The Minister of Foreign Affairs and Regional Co-operation, Anil Kumar Gayan, referring to information contained in last year’s Landmine Monitor report, took both the United Kingdom and the United States to task for the stockpiling of antipersonnel mines on Diego Garcia, territory which is claimed by Mauritius. He promised that Mauritius would engage in an effort to render the Indian Ocean a landmine-free zone. He also appealed to non-signatories to accede to the Mine Ban Treaty.[8]

Mauritius supports all resolutions taken by intergovernmental organizations condemning the use, stockpiling, production and transfer of antipersonnel mines and condemns all deployments of these weapons around the world, more specifically within the Southern African Development Community (SADC).[9] Mauritius intends to “send the right signal that it is totally committed to a world free of landmines”[10] and would take a position against landmines in all international fora.[11]

The Minister of Foreign Affairs spoke strongly against all technological developments that would make landmines undetectable even to sophisticated mine clearance equipment[12] and thus more destructive. Parliamentarians said any development of new types of mines which would “allow countries to get round”[13] the Mine Ban Treaty and to circumvent international endeavors to eradicate such devices[14] or to defeat the efforts of those engaged in demining[15] were to be discouraged.

Mauritius is a party to the Convention on Conventional Weapons and its original Protocol II on Mines, Booby-traps and Other Devices, but has not yet ratified Amended Protocol II.

Production, Transfer, Use, and Stockpiling

Mauritius has never produced, exported or used antipersonnel mines. An undeclared number of mines are retained for training purposes in accordance with Article 3 of the Mine Ban Treaty. These are in the custody of the Special Mobile Force (SMF), a wing of the Mauritius Police Force, in a classified location.[16] These landmines were apparently brought by Indian military personnel for training SMF members in identifying landmines.[17]

The Anti-Personnel Mines (Prohibition) Act makes the transfer of landmines an offence.[18] The authorities are requested to exercise strict control at entry points, such as the harbor and the airport, and to equip personnel through proper training to ensure that such devices do not enter or transit via Mauritian territory.[19]

Mine Action

Mauritius is yet to contribute the US$50,000 to the UN Voluntary Trust Fund for Assistance in Mine Clearance, which it promised during the First Meeting of States Parties in May 1999. One member of the National Assembly raised the issue of when the government intends to honor its pledge,[20] while others wondered whether Mauritius should not increase its contribution.[21]

The Minister of Foreign Affairs encouraged the National Assembly to consider whether Mauritius could contribute “towards victim assistance programs and funding.” This suggestion gained the support of the opposition.[22] As far as victim compensation goes, the Minister wondered whether, in line with the “polluter pays” principle, landmine producers should not bear some responsibility in resolving the landmine tragedy.

Mauritius does not face a landmine problem and there are no reports of any mine victims in Mauritius.

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[1] Section 4(1)(a).
[2] Section 6(1).
[3] Response to Landmine Monitor Questionnaire from the Ministry of Foreign Affairs and Regional Cooperation, Ref. TS/M/67/1, 28 February 2001.
[4] Speech of V. Baloomoody, National Assembly, 27 March 2001.
[5] 1) Sir Anerood Jugnauth, Prime Minister; 2) Dr A. Boolell, Second Member for Vieux Grand Port and Rose Belle; 3) A. K. Gayan, Minister of Foreign Affairs and Regional Co-operation; 4) M. Dowarkasing, Third Member for Curepipe & Midlands; 5) V. Baloomoody, Third Member for Riviere des Anguilles & Souillac; 6) M. Dulloo, Third Member for Grand Baie & Poudre d’Or; 7) R. Daureeawoo, Third Member for Montagne Blanche and Grand River South East; 8) R. Bhowon, Third Member for Vieux Grand Port and Rose Belle; 9) P. R. Berenger, Deputy Prime Minister and Minister of Finance.
[6] Speech of Sir A. Jugnauth, Prime Minister, National Assembly, 27 March 2001.
[7] Ibid.
[8] Speech of the A.K. Gayan, Minister of Foreign Affairs and Regional Co-operation, National Assembly, 27 March 2001. The countries named included China, Congo, Cuba, Egypt, Finland, India, Iran, Iraq, Israel, Libya, Morocco, Nigeria, North Korea, Pakistan, Russia, Saudi Arabia, South Korea, Turkey, the US, Vietnam and Yugoslavia.
[9] Response to Landmine Monitor Questionnaire from the Ministry of Foreign Affairs and Regional Cooperation, 28 February 2001, Ref. TS/M/67/1.
[10] Speech of the A.K. Gayan, Minister of Foreign Affairs and Regional Co-operation, National Assembly, 27 March 2001.
[11] Speeches of P. Berenger, R. Daureeawoo, and M. Dulloo, National Assembly, 27 March 2001.
[12] Speech of A. K. Gayan, National Assembly, 27 March 2001.
[13] Speech of P. Berenger, National Assembly, 27 March 2001.
[14] Speech of Dr. A. Boolell National Assembly, 27 March 2001.
[15] Speech of M. Dulloo, National Assembly, 27 March 2001.
[16] Communication from Mauritius Police Force to Landmine Monitor, 5 February 2001.
[17] Report in News on Sunday, 30 March -5 April 2001.
[18] Section 4(2)(b).
[19] Speech of R. Bhowon, National Assembly, 27 March, 2001.
[20] Speech of V. Baloomoody, National Assembly, 27 March 2001.
[21] Speech of Dr. A. Boolell, National Assembly, 27 March 2001.
[22] Speech of M. Dulloo, National Assembly, 27 March 2001.