Legal framework on freedom of religion and actual application
The Constitution of Mauritius recognises in Chapter II, Article 3 (b), “freedom of conscience, of expression, of assembly and association and freedom to establish schools”. Article 11 (Section 1) upholds freedom of conscience, thought, and religion, including the freedom to promote one’s religious beliefs, or change them.
Article 3 bans discrimination for “reason of race, place of origin, political opinions, colour, creed or sex”. Under Article 11 (Section 4), no one can be forced to take an oath that is “contrary to his religion or belief”.
Article 11 (Section 2) requires the consent of students or parents/legal guardians in the case of minors, to receive religious instruction. Article 14 (Section 1) allows religious groups to establish and maintain schools that give religious instruction.
The government recognises seven religious groups—Hindus, Roman Catholics, Muslims, Anglicans, Presbyterians, Seventh-day Adventists, and The Church of Jesus Christ of the Latter-day Saints—and provides them with subsidies on the basis of the number of their self-declared members at the last census.
Other groups may register as associations and obtain tax exemptions, but not subsidies. New religious groups can be founded but are required, in principle, to register, even though there is no enforcement mechanism behind this. Foreign missionaries can apply for three-year, non-renewable residence and work permits.
For the past 20 years, the Assemblies of God (Pentecostal) have had their request for recognition as a religion denied. The Christian group, which estimates that with 50,000 members it is the second largest Christian denomination ranking just behind Catholics, considers the government’s resistance to add it to the list of recognised religions to be due to a fear that their number could reduce in the ranking the number of citizens considered Hindu.
Mauritius also has legislation that bans discrimination on the basis, among other criteria, of creed. The law is designed to guarantee equal opportunities in all areas; to this end, it has set up a commission charged with enforcing its provisions. Under this law, people can file discrimination complaints, including on religious grounds, and seek redress.
Incidents and developments
During the period under review, no relevant incident was reported that could compromise freedom of religion in the country; however, some issues did emerge.
In November 2021, facing prolonged COVID-19 restrictions, the Council of Religions, an umbrella organisation representing Baha‘is, Buddhists, Christians, Muslims, and Hindus, issued a statement urging the government to allow up to 50 people to attend religious gatherings instead of 10.
In 2022, a census is set for 19 June to 1 August. One question will concern religious belief, which has sparked criticism among some religious groups. The question is aimed at determining the number of members of the various religious denominations. This is important, since state subsidies are distributed according to the number of members. Therefore, although for some, collecting religious data might be useful to measure systemic discrimination and adopt policies to address the problem, for others the concern is that an aim is to recalculate the division of subsidies. As the census will tend to primarily benefit Hindus, the largest group, this may fuel tensions between religious groups.
During Christmas 2021, there was a dispute between the country’s state TV network, Mauritius Broadcasting Corporation (MBC), and the Catholic Church over the TV Christmas message of Cardinal Maurice Piat, the head of the Church in Mauritius. The first broadcast was redacted; a few days later, it was fully televised but without any prior announcement. A group of priests protested an action they considered to be a violation of freedom of speech. With the support of Affirmative Action, a Creole advocacy NGO, they demonstrated in front of the MBC offices, demanding an explanation.
Two demonstrations were conducted in Port Louis in solidarity with persecuted religious groups abroad. The first was held in May 2021 by the Mauritius Muslim Awakening to support Palestinians targeted by Israeli forces. The second was held in October 2021, where members of the International Society for Krishna Consciousness (ISKCON), the Voice of Hindu, and the Sanatan Dharma Temples, assembled in Port Louis to protest violence committed against Hindu minorities in Bangladesh. No incidents were reported during either demonstration.
Some community leaders have complained that certain ethno-religious groups, most notably Hindus, continue to receive preferential treatment in civil service recruitment and promotion, resulting in the mostly Christian Creoles (Mauritians of African descent) and Muslims (mostly from India) being underrepresented in government. The failure of the authorities to release any information about the ethno-religious diversity in civil service employment has done nothing to dispel the belief that non-Hindus are victims of systemic discrimination.
Notwithstanding the occasional tensions, Mauritian religious leaders have maintained peaceful relations with each other and typically send greetings to one another on their respective holy days; for example, in the spring of 2022, Cardinal Piat and the Council of Religions sent messages to the country’s Muslim community on the occasion of Eid-ul-Fitr celebrations, which mark the end of Ramadan.
Prospects for freedom of religion
Although some Mauritians continue to express frustration at the apparent lack of action by the authorities in addressing systemic ethno-religious discrimination in the civil service, generally relations among religious leaders are good and remain a guarantee of continued peaceful interreligious coexistence in the near future.
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