Sheila Bunwaree
First, allow me to express my solidarity and support to the protesters of the ‘Mouvement Rann Nou la Ter’ who have been subjected to an abuse of power and violence by certain members of the police. I do not know all the members of this movement personally but the one person I know and who I hold in high esteem as a former colleague/friend is Rajen Narsinghen, and who is also an active supporter of the NGO I founded a few years ago: People’s Voices Network. I can vouch for Rajen’s discerning capacity and principle to always operate within the parameters of the law. Rajen Narsinghen even made it clear that he was on the spot at Côte d’Or as a Human Rights Lawyer to support his colleagues/friends of the ‘Mouvement Ran nou la ter’. Human rights lawyer or not – when the police is under the control of the PM and kowtows to the Master, there is no respect for Voices of Dissent, let alone human rights defenders.
We may agree or disagree with the ‘Mouvement Rann nou la Ter’ but the violence that they have been subjected to while protesting peacefully is unacceptable. The way that these men – (brothers, fathers, sons, nephews) have been dragged ‘manu militari’ and treated as ‘rogues and vagabonds’ must be condemned with full force by all citizens who claim to be democrats. Protests play an important role in the civil, political, economic, social and cultural life of all societies. Protests constitute a fundamental pillar of democracy and citizens should have the Right to publicly challenge the authorities, to persuade the government to respond to their demands if these are legitimate as well as address the injustices they are confronted with. Protestors must operate within the legal framework of course.
Parameters
of the Law
It is important to remember that Mauritius is a signatory to the 1966 International Covenant on Civil and Political Rights (ICCPR); Article 21 of which states:
“The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law, and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others…”
This resonates with certain sections of the African Charter on People’s Rights.
Section 13 of the Mauritian Constitution states that:
“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 assembly freely and associate with other persons”.
Section 3 (2) of The Public Gathering Act of 1991 states that :
“Any person wishing to hold or organise a public gathering shall give written notice to the commissioner not less than 7 clear days before the day on which the gathering is to be held or organised.”
But when it comes to smaller gatherings of less than 12 people, we have seen a number of these taking place over the years without necessarily needing police permission. The peaceful protests of 27 August 2024 were indeed a small gathering of less than 11 people.
In a world where the civic space is rapidly shrinking and authoritarianism is on the rise, we must do everything possible to allow peaceful protesters who are functioning in all legality to express their views, especially at a time when trust in the police is on the decline, opacity has become the norm and a culture of impunity prevails for those who are close to power.
Decline in Police Trust
Survey conducted by Afrobarometer in March 2022 noted that only 42 per cent of Mauritians found that the police did a professional job ; 63% believed that the police kowtowed to political and personal interests and were not neutral, with only 21% saying that the police were doing a good job. Clearly what happened on Tuesday 27 at Côte d’Or was not a case of police ensuring security and order but rather demonstrating excessive force against dissenting voices, another red line crossed by the current regime. Dissenting voices are important especially if we want to prevent Mauritius from turning into a Kim Jong-led kind of democracy. V Dem has, a few years back, drawn our attention to the rapid backsliding of Mauritian democracy and if we are not cautious and determined in defending our fundamental human rights particularly at a time when civic space is rapidly shrinking, we run the risk of seeing our peace and stability increasingly under threat.
The nation is already in big trouble with a cumulation of frustration in several quarters, bound to lead to a social explosion. Citizens are suffering and there is a lot of angst around. The rising cost of living and the inability of several families to feed their families adequately is adding to the tensions. An oppressive system of education which is maintained in place and perpetuated, perhaps with the intention to keep on producing citizens who do not have a critical mind and who will therefore not interrogate. A health system which is degenerating by the day. Several private clinics given the opportunity to emerge, catering for the well to do while the poor and downtrodden are deprived of quality healthcare… Some young people are beginning to see through all this and will not tolerate such injustices.
This is not the first time that police brutality has been witnessed. The police in Mauritius should stop giving itself powers that it does not have. Acting with such brutal force when people who are simply expressing their divergent views, attracting public opinion to their cause and seeking redress for certain injustices is legitimate and should be encouraged. We know that there are many police officers out there who do not form part of the small group who have become puppets in the hands of the current regime. They are also frustrated and dissatisfied with the current state of affairs. To them we say: Thank You and ask them to exercise some more patience. The tide is rising and we ask of them that they also use their discerning powers to elect Women and Men with values and utmost integrity as well as the necessary competence to rule the country and allow our democracy to breathe again. The police in Mauritius should stop giving itself powers that it does not have. Such brutal force in a country like ours which sings ‘…in peace, justice and liberty…’ has no place. It is our collective responsibility to put an end to this.
Take Inspiration from Thiruvalluvar’s Kural
Reshaping our society, in short ‘raising the tide and lifting the boats’ is what we must engage in. This is an expression that I borrow from a speech of John Kennedy in 1963. He was using it to discuss the economy but it can also be applied to the nation. All it means is the necessity of putting our core values together to chart a new direction for our nation. Let us therefore together raise the tide. A good place to seek inspiration from is Thiruvalluvar’s Kural. The Tirukkural has Ahimsa/Non Violence as its main value. Drawn from the Dravidian culture, it provides a much needed paradigm in these very complex, uncertain and challenging times. Our Tamil brothers and sisters as well as citizens from different cultural backgrounds seeking for justice and perhaps familiar with it can give a helping hand. Using the concepts of Aram (virtue), Porul (wealth) and Kaman/inbam (love/desire) almost equivalent to the Sanskrit Dharma, Artha and Kama, the normative and didactic text that the Tirukkural represents must, along with other sacred and spiritual texts, find a place in every home. More so in the multiple cultural centres on the island so that bridges can be built across cultures and Mauritius as zone of multicultural conviviality can be enriched with ethics, morality and social justice being at the center. ‘Mouvement Rann nou la Ter’ can then also come in support to all those who have been dispossessed of their land and who are still waiting for redress after the recommendations made by the Truth and Justice commission which Navin Ramgoolam had the foresight of instituting. Let us hope that the new government post 2024 elections will quickly address the injustices of those who lost their lands. Clency Harmon and Danielle Tancrel are amongst others who have been crying for justice for some time now; For this to happen, you need a strong, ethical leadership – certainly not those who continue to butter the oligarchs for their own immediate interests.