Legal Framework
The constitution prohibits discrimination based on creed and provides for freedom of thought and religion, including the right of individuals to change, manifest, and propagate their religion or belief, in worship, teaching, practice, and observance, alone or in community, in private or in public. These rights may be subject to limitations to protect public order, safety, morality, health, or the rights of others. The constitution also bars requiring oaths contrary to an individual’s religious belief and bars compulsory religious education or attendance at religious ceremonies in schools. It gives religious groups the right to establish schools and provide religious instruction therein to members of that group; these institutions are open to the population in general as well. Citizens may file complaints of religious discrimination with the Equal Opportunities Commission, which can initiate investigations if it believes a citizen’s rights may have been infringed. Legislative election candidates must identify themselves as belonging to one of the four national communities cited in the constitution: Hindus, Muslims, Sino-Mauritians, or the general population.
A parliamentary decree recognizes the six religious groups that were the main ones present prior to independence: Hindus, Catholics, Muslims, Anglicans, Presbyterians, and Seventh-day Adventists. These groups receive annual lump-sum payments from the finance ministry based on the number of their adherents as determined by the voluntary self-identification of individuals in the 2011 census. The registrar of associations registers new religious groups, which must have a minimum of seven members with designated leadership responsibilities. The finance ministry grants these new groups tax-exempt privileges. Although registration of religious groups is required, the law does not prescribe penalties for unregistered groups.
Religious groups must obtain both residence and work permits for each foreign missionary. The Prime Minister’s Office is the final authority on the issuance of these documents. While there are no explicit restrictions, there are unofficial limits on the overall number of missionaries per religious group who are issued the requisite visas and work permits. The government grants residence permits to missionaries for a maximum of three years with no extensions.
Religious education is allowed in public and private schools, at both the primary and secondary levels. Students may opt out, and civic education classes are provided for non-Catholic students attending Catholic schools.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
Some Christians and Muslims continued to state the predominance of Hindus in the civil service resulted in “interference” in the government promotion system and prevented Christians and Muslims from reaching higher-level positions in the civil service. More generally, non-Hindus often stated they were underrepresented in government. There were no reliable statistics available on the numbers of members of different religious groups represented in the civil service; however, according to the Truth and Justice Commission’s most recent report in 2011, civil service employment did not represent national ethnoreligious diversity.