Open letter to the Attorney General, Minister of Justice and Human Rights : It is time Mautitius sign and ratify the protocol on the rights of older persons

DIS-MOI has been campaigning for Mauritius to support, by taking the lead in UN discussions, for the advent of a Convention on the Rights of Older Persons. In July last, Mauritius took a firm stand in favour of a new UN instrument that would provide for the protection and respect of the rights of older persons at the 9th Open Ended Working Group on Ageing. We are confident that, in this international trend, in at least two years, the Convention will be adopted.

PROTOCOL TO THE AFRICAN CHARTER

DIS-MOI has, in parallel, been campaigning for Mauritius to sign and ratify the Protocol to the African Charter on Human and People’s on the Rights of Older Persons in Africa. We have voiced our position on this issue at each meeting of the National Mechanism for Reporting and Follow Up on human rights chaired by the Attorney General and Minister of Justice and Human Rights.

Former Chief Justice Bernard Sik Yuen, presently Commissioner of the African Commission on Human and People’s Rights and Chairperson of the Commission Working Group on the Rights of Older Persons and Persons with Disabilities in Africa, stated :

« There is now a need to secure the ratification of a critical mass of 15 States Parties for the Protocols to become operative. I believe it would be a good thing that Mauritius shows leadership by being among the first 15 States to ratify both Protocols ».

These are namely i) the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons in Africa and ii) the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with disabilities in Africa.

RIGHTS OF OLDER PERSONS

« With the adoption of this Protocol, Africa has demonstrated that it is committed to ensure that the human rights of people of all ages are respected and protected, as premised in the African Charter on Human and Peoples’ Rights, the AU Agenda 2063 and also in the Sustainable Development Goals,» wrote Dr. Mustapha SidikiKaloko, Commissioner for Social Affairs in the foreword of the Protocol.

Hon. Bernard Sik Yuen added : « the Protocol on the Rights of Older Persons is the first treaty which has been drafted. It is a world premiere and it is the precursor of the proposed UN Convention that is in the offing. The Inter American States have drawn up guiding principles on the rights of older persons which are generally well observed albeit they are only directory ».

THE CHALLENGES

By 2050, 2 billion people in the world will be above 60 years of age. By the same time, people above 60 will represent 29.6 % of the 1.3 million inhabitants of Mauritius. The African continent has an estimated population of older persons 60+ of 60 million, which will rise to 215 million by 2050.

With this trend, our governments have to make provisions for a host of goods and services in terms of food, clothing, housing, transport, long term and palliative care, geriatrics, decent homes, homes for the lonely, friendly user transport system, life-long education, recognition of prior learning, making older persons owners of rights and not only beneficiaries of welfare system.

Formal and informal education should take care of psychology, to apply towards older people. It is the best way to challenge and combat the negative social-cultural norms, in particular ageism that deny older people their rights and their legitimate place at home, at work, in leisure parks, in the transport system, in the family circle.

The Protocol will be a useful instrument in the hands of government for target setting, correcting errors and shortcomings, attributing funds in the budget. Furthermore, it will bring legislation as and when required to improve the lot of older persons so they can live a decent life.

THE CASE OF MAURITIUS

In view of the Protection of Elderly Persons’ Act 2005 (amended in July 2016) meant to« enhance the level of protection of, and security to, the elderly » and in view of the social protection provided, Mauritius would not find it constraining to abide by the 32 Articles of the Protocol.

Article 2 of the African Charter states that , « Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status; »

Once Mauritius would sign and ratify the Protocol, it would mean that it has the preparedness and readiness to undergo review mechanism, similar to the Geneva exercise on the Committee on the Elimination of Racial Discrimination in July last.

APPEAL

As a Human Rights organization, DIS-MOI is appealing to the Attorney General, Minister of Justice and Human Rights to obtain the support of Government to ratify the Protocol of the Rights of Older Persons, and in the same spirit the Protocol of the Rights of the Disabled. Government could also be involved in advocacy work with other African States at the regional level (SADC and COMESA).

At the local level, each civil society organization and each individual, young or old, has a critical role to play: it is time Mauritius signed and ratified the Protocols.

Vijay Naraidoo
President, DIS-MOI Commission for the Rights of Older Persons.