The Constitution Review Commission Bill

Added: 2026-05-31

[00:00:00]more MMM PSM quality assurance general obligator to the second 1992 lost to the bottom of the statue of monarchy constitutional to the veneer in republic sovereign and the mirror lost to Maurice a call to autonomy of Rodrique a total of 2006 168 you have a 20 number one technique and politic so good news about the dawn today it's a chance here to to talk on floor the salute don't you say that you mean the premier minister the will modernity the constitution avec la constitution review commission bill and respect in promise and to go down the alliance to change the constitution the total democracy and the institution democratic so they bought a call the reform that you have to say the top to permit the deer voila so you got to change why and how so good project the law propose the concern by the government the class the concern by the sermon the government in class it cool to the bronze the principle fundamental to the good deal of the future government to see to the action so they bought an initiative partisan the class the government to be to the zero the respect to the respect of the other and I love the president new season to the new bill opportunity the new year election to the new year to the new legislation the majority necessary to opportunity the change fundamental to the person to the new country and the new politic economic social and cultural so good government to force to the new season the project to defined the show that they get the zoo above all proceed people probably book probably the last year of expression of it a freedom of information bill sticky advancing democratic major It is not a gift I say that you have to inform it's happening to create the conditions in which the journalists and the people who work with information can exercise their profession including having access to information.

[00:02:43]I don't want I don't want to talk about the creation of a commission that would be responsible for appointing leaders to such an instance if it works well would ensure the appointment of credible qualified competent to positions of responsibility.

[00:03:03]I don't want to talk about the right to recall elected the disqualification in case of abuse of trust.

[00:03:12]Madam President, I don't want to talk about the idea of putting an end to floor-crossing within our Parliament.

[00:03:19]This hateful phenomenon which has defied the will of the voters and put at risk I don't want to talk about a possible method of electing the president by an electoral college that will guarantee that this first person of the state is not subservient to any political party which is obviously in the right direction. I don't want to talk either about the possibility of opening the way to class actions before the courts, which is an excellent thing.

[00:03:52]So what I'm going to talk about here So, don't you make probably easy?

[00:03:58]Say book what to that cool.

[00:04:00]La revision de la constitution est devenue importante et pressante.

[00:04:05]It's so noble to combat yet key at case initiative avec un certain scepticisme.

[00:04:12]Set reserve are in course la lassitude.

[00:04:17]On a eu des commissions dans le passé.

[00:04:19]The consultation in the rapport qui dort dans les tiroirs. Et dans la vie quotidienne, les gens attendent attendent encore de soulagement sur le coup de la vie, l'accès à la justice, l'accès au logement. Il faut respecter cette la cette attitude lassitude qui est légitime.

[00:04:38]Madame la présidente, cette lassitude ce n'est pas seulement ce sentiment que ça ne marche pas.

[00:04:44]C'est aussi l'idée que de rien ne peut marcher.

[00:04:48]Que tout le système est pourri.

[00:04:51]Que seul le langage possible est la dénonciation permanente.

[00:04:56]Nous devons des réponses à ces inquiétudes en 10 ans que l'ancrage de notre pays dans un modèle démocratique est une exigence. Il faut faire comprendre à nos citoyens que nos libertés, nos droits de vote, notre liberté d'expression, notre droit à la justice, l'égalité des chances tous garantis par la par la constitution par une constitution renforcée sont tout aussi importants que le droit à l'alimentation, à l'éducation, au logement, au travail, à la sécurité, à la protection.

[00:05:34]Madame la présidente, la frustration fait le lit au dérives autoritaires.

[00:05:42]Une constitution renforcée après l'exercice qui commence aujourd'hui qui a commencé l'autre jour, une constitution Mhm.

[00:05:54]No.

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[00:07:43]Mhm. the fair don't have a proposition that I'm going to do.

[00:07:49]Who would have a proposal to change the constitution?

[00:07:52]They sweat easy on fair day.

[00:07:55]The premier is political.

[00:07:58]It will be a fair barrage of populism.

[00:08:02]The phenomenon gained the planet on chair.

[00:08:05]And he had the populist come Donald Trump Harry heater of the pool wall of the consequence that we could listen.

[00:08:12]On France, the rassemblement national so true at the port de l'Élysée au Royaume-Uni.

[00:08:19]The reform party de Farage via the fair the ravage or recent election regional. On Germany, the LED gained dangerously the terrain.

[00:08:32]Should not receive the populist the populist song a little the populist attack.

[00:08:39]The pillar of the democracy. He replaced the argument by the victim. He replaced the procedure by the urgent. He replaced the responsibility by the coup d'état.

[00:08:50]The risk is the sort here to say democratic for entry down the logic the confrontation permanent. And in society he never agree he never agree to revise the regular on common is in society he feels he feels fracture. The constitution the new constitution so they can do on travail but no they would be a barrage of those who promise more and merveilles. The populist don't be for this part of the season the promise he knows but he realize that he nourish and nourish the land and the negativity.

[00:09:26]The populist should not be Madame la President. So the movie proceed attention the rapport de l'une qui voit docteur Hamouma president a vie. The populist say don't know the promise the revenue universal populism populism in lawyer or Jody populist send me back populist destructor a foreign constituted reaction popular to respond constituted the negativity prevail in the country You have to submit the central water authority announced a plan to improve your situation the distribution a hotel of 2.9 billion rupees what good news the time to scale the travel or you in my situation I am still a foreign to note the negativity around this around this initiative to understand the reason the problem of water that we know in the north and it's serious there is even a person who assumes the responsibility who dared to say is he coming for a north my second proposal Madam President concerns the economy in the very recent the Prime Minister spoke about it last week past we have seen the excesses in terms of public spending in terms in terms of public spending and we are really there in it's criminal to bring the country to this point it's criminal to the extent that such extravagance endangers not only the population of today but also future generations of children we know how the debt >> Thank you, Madam Speaker.

[00:12:31]Madam Speaker, constitutional reform is far too important to become another endless consultation exercise, another report gathering dust in a drawer, or merely another public relation exercise.

[00:12:47]There's a famous saying, Madam Speaker, if you want to bury an issue, appoint a commission.

[00:12:54]Another says, "Nothing is more permanent than a temporary commission."

[00:13:00]Madam Speaker, that is precisely why there is today a legitimate concern that many, many have that this unfortunately may be the case. Why is that, Madam Speaker? Because this government was elected with an overwhelming majority, with a historic mandate, a clear and unequivocal promises being made on constitutional reform.

[00:13:30]The government program itself, Madam Speaker, promised constitutional reform within 6 months of the elections.

[00:13:38]Yet, 1 and 1/2 years later, we are still here discussing the modalities of a commission.

[00:13:46]Madam Speaker, the issue is therefore not whether constitutional reform is necessary.

[00:13:53]That is, we know it.

[00:13:55]Nor is it whether some constitutional reform genuinely require deep re-consultation, expert constitutional reflection, and broad national participation. They absolutely do, Madam Speaker. The constitution is sacred.

[00:14:14]It is the backbone of our republic. In many respects, it is as fundamental to a nation as a birth certificate is to an individual.

[00:14:24]Madam Speaker, credit must be given where credit is due.

[00:14:29]Constitutional reform should never be bought behind the back of the electorate, through disguise, or without democratic legitimacy and broad national consensus.

[00:14:42]When dealing with difficult and complex constitutional questions, the most democratic approach is often to appoint a constitutional review commission, to hold public hearings, to engage in broad consultations, and to have meaningful participation at a national level.

[00:15:03]We are not the first country, however, to choose this path to constitutional reform.

[00:15:10]And, Madam Speaker, the issue here, the real issue, is will this commission become a genuine mechanism for constitutional reform, or merely a mechanism for constitutional delay. And that is a valid question.

[00:15:29]Because without strict deadline, without a staged implementation roadmap, without mandatory interim reporting, given the broad uh uh status that has been given, the broad uh section 4.

[00:15:48]And without clear implementation objectives, then there's a risk, Madam Speaker, that the process simply drifts indefinitely.

[00:15:58]And that is not theoretical.

[00:16:01]Mauritius has seen, Madam Speaker, its fair share of commissions, reports, consultations, and reform exercises, which ultimately produce little to no concrete implementation. I think here, in particular, of the countless recommendation made by the Truth and Justice Commission, which, for many years now, have largely remained in the drawer without any meaningful implementation.

[00:16:29]This is precisely why, Madam Speaker, timelines, interim reporting, and clear reform objectives are absolutely essential.

[00:16:39]The terms of reference under section 4 are extraordinarily broad, Madam Speaker, and no country embarking on serious constitutional reform have left such a process so entirely open-ended. In fact, when we examine the comparable constitutional reform processes across the Commonwealth, virtually all of these countries had imposed strict timelines upon the upon their own respective constitutional review commissions. For example, Madam Speaker, Australia. It embarked on a complete constitutional review and had set 2.5 years, 2 and 1/2 years for as a deadline. Barbados, 6 months for its parliamentary reform and 15 months for its constitutional reform. Tanzania, The Gambia, 18 months for deep constitutional reforms. Kenya, 12 months, Madam Speaker. Mauritius should not become the exception. And this is why, Madam Speaker, I humbly suggest three things. First, that there is an interim report dealing with the less complex reforms within the next three to six months.

[00:17:54]Then, after that, periodic interim report if necessary, and finally, and that is the most important, a final report within a maximum of 18 months as from the inception of the commission. So as to allow government, Madam Speaker, to finalize draft constitutional amendments by the end of next year and bring constitutional amendments to Parliament by at least at latest mid-2028.

[00:18:26]Otherwise, there's a risk that this entire process ultimately produces nothing more than a PR exercise. Once the commission has completed its work, Madam Speaker, in my opinion, it has no longer has a raison d'être. It should become functus officio, stand dissolved thereafter. Otherwise, this commission would risk becoming yet again another permanent institution with near no clear point, no clear end point, no meaningful implementation outcome, a money pit for endless endless wastage of public funds.

[00:19:07]Madam Speaker, in my view, there are two different categories of reform to be brought in section four when you we look at the objects of section four.

[00:19:18]Some reforms generally require deep constitutional reflection, expert consultation, and broad national consensus.

[00:19:27]Others are already mature, already been studied, and capable of implementation immediately in the very short term. And that is why I believe, my speaker, that this bill is making a fundamental mistake because section four, as it stands, throws everything together in one enormous constitutional basket, which risks paralyzing reforms which could and should be implemented rapidly.

[00:19:56]The longer-term reforms, my speaker, these reforms include, for example, the electoral system, reform of our electoral system to introduce proportional representation, more equitable delimitation of constituencies, the right to recall, anti-defection provision, political financing, strengthening of safeguards of the electoral process. These, I believe, is uh falls in the category of the long-term reforms. These also include the review of the DPP and of the institution, new generation rights, the rights of nature, environment, ecological rights, the enshrinement of the values of peace, justice, and liberty. All of that freedom of information, in my view, are complex constitutional questions affecting the very architecture of the state itself. And therefore, they would justify the serious consultation, the expert constitutional work, the comparative analysis, and the broad national participation.

[00:21:05]But other reforms do not justify years of endless consultation. Some reforms are already matured, widely discussed, and capable of parallel legislative implement- implementation immediately.

[00:21:20]Those include the creation of the new Court of Appeal and a constitutional division of the Supreme Court.

[00:21:27]The stronger protections for fundamental rights, the strengthening of the constitutional right to privacy, the senior appointments committee, senior official appointments committee, the disability protections and inclusions, the mandatory holding of local elections, and the reforms to the public appeal bodies tribunal. In my view, 3 to 6 months would be more than sufficient for the commission to issue, albeit on an interim basis, a report on those.

[00:22:00]Madam Speaker, let me begin now with the judiciary.

[00:22:03]The government program states at paragraph 58, "A superior Court of Appeal, as recommended in Lord Mackay's report, will be established."

[00:22:14]However, when you read section 4K of this bill, it merely refers to the creation of the Court of Appeal within the Supreme Court, and there is a huge difference.

[00:22:29]This is not at all what Lord Mackay had proposed. He proposed a distinct, independent, institutionally separate Court of Appeal with its own judges, its own staff. Why?

[00:22:43]To strengthen judicial independence, to reinforce public confidence in the judiciary, and to improve the quality and consistency of appellate decision.

[00:22:53]Lord Mackay himself observed that the present system, where judges frequently hear appeals against decisions of their colleagues within the same core structure could create at least the perception that judges may consciously or unconsciously stand by each other.

[00:23:11]These are not my words. These are Lord Mackay's words. Therefore, Madam Speaker, government, whether it genuinely intends or not to implement Lord Mackay's recommendation, here what it is doing, it is bringing merely a diluted version of it because the wording that has been chosen within as opposed to superior makes all the difference, Madam Speaker.

[00:23:37]As regards the proposed constitutional division, I fully agree, Madam Speaker, that it should ideally derive its authority direct applications, personal data data, and digital privacy rights.

[00:24:30]But what is equally important and urgent for government, Madam Speaker, is to proceed in parallel right now with specific legislation regulating state surveillance, interception of communication, monitoring powers, and criminal sanctions. And that is the very important part for misuse and abuse thereof. Most Commonwealth jurisdictions, Madam Speaker, already [clears throat] have such legislations in place. I said last time, in the UK, the Investigatory Powers Act 2016. In other countries of the Commonwealth, small islands like Mauritius, Jamaica, Barbados, St. Lucia, Trinidad and Tobago, St. Kitts and Nevis, you have the Interception and Communications Act.

[00:25:12]Mauritius should not lag decades behind.

[00:25:15]And now is more than ever important to do so. Madam Speaker, provisional charges.

[00:25:21]The daily abuse by investigative authority of the system of provisional charges, Madam Speaker, remains one of the greatest injustices affecting ordinary citizens of this country.

[00:25:34]The system of arrest first, investigate later, cannot continue indefinitely.

[00:25:40]There are reportedly, Madam Speaker, up to 205,000 ongoing inquiries by the police as at 30 June 2025. Unresolved inquiries, according to the director of audit, many of whom have laid prosecution provisional charges upon accused parties who've seen their rights of movement restricted, travel bans, and mandatory reporting obligation to police stations being imposed upon them. Many persons, Madam Speaker, remain provisionally charged for years without resolution. I myself had a PQ on this issue coming next Tuesday, addressed to the Attorney General. The Police and Criminal Justice Bill, promised by this government, which has been collecting dust since 2012, can no longer sit in the AG's drawer.

[00:26:35]Madam Speaker, the electoral reform.

[00:26:39]One of the most sensitive constitutional issues.

[00:26:42]Ever since independence, successive governments have repeatedly promised deep electoral reforms. And I fully accept that broad consultation is necessary.

[00:26:55]The bill refers to political financing, anti-defection provisions, right to recall, strengthening of powers and independence of the electoral commissioner. It remains silent, however, on other central pillars of the reform. In his speech, the honorable Prime Minister did refer to proportional representation and to the electoral reform, but those appear nowhere in the bill, Madam Speaker. And these matters are far too important to remain vague or merely implied.

[00:27:28]There is also other fundamental issues that needs uh to be taken, that of a fairer, more balanced, and more equitable delimitation of constituencies in terms of geographical size and voter population.

[00:27:46]That issue has received very little attention so far, yet it is an essential component of any serious electoral reform.

[00:27:55]Madam Speaker, the DPP's independence. I appreciate the words of the Prime Minister on the role played by the leader of the PMSD in defending the independence of the office of the DPP. History cannot be rewritten, Madam Speaker. Sir Gaetan Duval himself knew, perhaps more than anyone else, the dangers that arise when prosecutorial powers fall under the political influence and control of the government of the day.

[00:28:26]Who can forget, Madam Speaker, the events of 1989? Who can forget when Sir Gaetan Duval was arrested and prosecuted for purely political motives?

[00:28:38]Who can forget how the prosecutorial machinery of the office of the DPP had become relentlessly focused upon securing his convictions at all costs for political ends. Madam Speaker, who can forget that the DPP at that time then became Attorney General?

[00:29:00]Madam Speaker, the Prime Minister may not know him himself, but the Commissioner of Police at that time and the person who had presided over the European Union inquiry had later come to apologize in person to Sir Gaetan for the sordid for their roles in that sordid affairs. And those are the things that profoundly marked the PMSD and deeply reinforced our conviction as to the absolute necessity for prosecutorial independence. And years later, Xavier Duval, but not alone, and all the members of the PMSD, first time in the history of this country, all 12 ministers, MPs, and private parliamentary secretaries resigned in solidarity. All 12. I myself was Deputy Speaker, Madam Speaker, and I resigned because that is how we feel about the independence of the DPP. And without the resignation of all 12, if it had been just a few of us, then it would have changed nothing to it would have changed nothing to uh the the the sole of the DPP then and the DPP now, who would surely not have been in office today. So, that is what deprived government of its three-quarter majority, that collective resignation.

[00:30:27]Madam Speaker, why is that? Because whatever the flaws of an individual DPP as a human being, and we are all flawed, it is infinitely preferable, Madam Speaker, to have an independent DPP than one operating under the whims, pressures, and caprices of government.

[00:30:46]Madam Speaker, I will >> Please.

[00:30:48]>> The last point then I conclude.

[00:30:50]Electoral College, the amendment has been circulated by the Prime Minister.

[00:30:55]Madam Speaker, I think that I fail to see, Madam Speaker, how the appointment of the president through an Electoral College would derive greater legitimacy than direct acceptance by the electorate electorate itself. Parties should instead, Madam Speaker, instead be compelled prior to election day to disclose the names of the persons proposed to occupy the offices of president, prime minister, deputy prime minister, and perhaps also the Minister of Finance. That, in my respectful opinion, would be far more democratic and transparent. Madam Speaker, to conclude, there are many issues to dwell on, flaws of this bill. There's no quorum, no qualification criteria, no voting mechanism, no true independence stated expressly from government. But be that as it may, time is of the essence. Like this commission's work, I do not doubt government's good intention in bringing forward this bill. But, Madam Speaker, good intentions alone do not produce constitutional reforms.

[00:32:03]Implementation does.

[00:32:05]That is why I reiterate my proposals that the the bill be amended now to impose a strict deadline of 18 months.

[00:32:15]First of all, to come with a final report. To require interim and the final report to be made >> public, to be made public. Duty on the president to make the report public. For the report to be laid on the table of the National Assembly and be subject of debate by this house.

[00:32:33]For clarity of section 4K for in relation to the superiority independence of the court of appeal as well as what I said express provision for the reform of our electoral system.

[00:32:46]This commission my speaker to conclude and I thank you.

[00:32:50]Cannot become a shield >> Especially as you can give your amendment amendments later.

[00:32:54]>> Yes, yes. This commission my speaker cannot become a shield behind which government hides if it ultimately fails to deliver upon the clear the clear and unequivocal promises of constitutional and electoral reform made in 2024.

[00:33:14]They gave this government a mandate to delete to deliver and that is ultimately with what this government will be judged upon.

[00:33:24]>> Okay.

[00:33:25]>> Thank you my speaker.

[00:33:26]>> Yes, honorable junior minister Balban.

[00:33:33]I'm trying to be as lenient as I can to everyone.

[00:33:38]I'm noting your time.

[00:33:41]>> Madam la Présidente My excuse. My excuse.

[00:34:01]>> [laughter] [laughter] >> Madam la Présidente notre constitution n'est pas figée >> the Constitution the 1968 amended the matrix the Mauritius before before the morning notable the vote keepers the 1975 the accession the status of Republic of 1992 the autonomy of the Republic of Mauritius the Victoria in 2001 the mini amendment constitutional the 2014 the Parliament of Mauritius the return the return the general election the 1972 the return the amendment of 2002 the permit the detention of a citizen for 36 hours the communication the relation of the prevention of terrorism Act the amendment of the precipitation the resignation of the president the vice president of the Republic the Parliament of the Republic of Mauritius the recreation of the Republic the unique one in the Republic the events of the Republic of Mauritius the amendments of the Constitution the principal amendments of the Republic of Mauritius the second amendment of the Republic of Mauritius the degree of the conjunction of the Republic geopolitical the juridic specific the second amendment of the Republic of Mauritius the constitutional review commission bill the Republic bill uh the potential avec constitutional surgical due passée.

[00:36:41]pour première fois notre jeune histoire nous ouvrons la porte à une réforme élargie structurelle et moderne de notre constitution.

[00:36:54]dans constitutional review commission bill mardi le leader de l'opposition et je cite je suis contre le fait que le gouvernement et les parties de l'alliance gouvernementale impose impose les propositions dans ce projet de loi à la commission qui va être mise sur pied.

[00:37:19]je m'oppose à processus qui commence à l'envers qui impose un agenda au lieu d'écouter le peuple.

[00:37:30]fin de citation.

[00:37:33]Madame la présidente l'honorable leader de l'opposition se trompe comme souvent monsieur à toute la ligne.

[00:37:43]On pourrait même dire qu'il nage en plein délire.

[00:37:48]les termes de référence de cette commission n'ont pas été élaborés dans des salles fermées par des technocrates contrairement à ce qu'il affirme.

[00:38:01]elles ne sont certainement pas non plus le fruit d'un plat concocté par la cuisine d'un état parallèle loin des yeux de la population. non madame la présidente les termes de référence de cette commission reposent sur une validation populaire.

[00:38:22]elles émanent d'un engagement de l'alliance du commission commission Madam President This project of law an importance capital.

[00:39:16]a project of law like the other the DNA and the reason that of my political party.

[00:39:27]the 10th of October 2024 the electoral resistance and alternative and the other members of the Alliance of Change Movement notably the MMM and the New Democrats has been officially signed at [clears throat] Hennessy Park in Ebene by the respective of the Alliance.

[00:39:54]This electoral agreement is based on 12 points and it had been concluded after several weeks of negotiation.

[00:40:05]Negotiation sessions where the main topic of discussion was the major systemic reforms to be implemented in case of victory.

[00:40:18]This agreement >> et avec votre permission je voudrais lire le l'accord qui s'intitule le changement du système politique pour une république de Maurice 2.0.

[00:40:38]Les quatre parties en discussion sont d'accord qu'un changement de gouvernement seul n'est pas suffisant.

[00:40:46]Ce changement se doit d'être accompagné d'une politique de transition visant la transformation structurelle de fond de la politique et de l'administration de la vie publique au sein de la république pour un meilleur vivre-ensemble au sein de la société.

[00:41:08]Ces propositions de changement systémique >> [clears throat] >> visent à donner plus de pouvoir au peuple afin qu'il soit en capacité de mieux défendre ses droits et aussi ceux de la nature en en étant le garant.

[00:41:31]Sur les 18 propositions qui vont être examinées qui vont être examinées par la commission la moitié oui, la moitié provient de l'accord électoral signé entre Résistance et Alternatif et les autres partenaires du changement.

[00:41:51]Alors que pour certains, ces propositions sont accueillies comme de beaux slogans progressistes pour les activistes de Résistance et Alternatif et pour les milliers de citoyens engagés qui se sont impliqués dans de nombreux combats citoyens sur les dernières années les propositions qui vont être évaluées par la Play by the commission good example slogan and represent the fruit of pleasure combat.

[00:42:28]The year Jacqueline the proposition Yeah.

[00:42:33]in me the movement in prison conscience and my little small souvenir and sentiment that you still see keep it all.

[00:42:41]What man has sent to me that you still see and listen.

[00:42:45]Ronald love proposition the public interest litigation.

[00:42:51]on 2019 from on the resistance equal alternative say this the environmental and land use appeal tribunal who contest the local 3 June ER license and group hotelier at the selling Riviera Noir.

[00:43:07]The project alley on Pierre de Sierra Wetlands 76 a Wetlands the category 4 a treasure natural vivant.

[00:43:19]And yeah, figure it out. The 7 on 7 and a guitar the question of not to draw the action is not to draw but from shape.

[00:43:30]After the tribunal of the environment and initially made a good day in our action of justice for more than the famous local stand by.

[00:43:39]The course of prime are on the way to say to you the judgment and no no voila.

[00:43:42]Don't do one of the tribunal of the environment 7 and a after at the at the door to draw the local swap free Sierra Lee merits.

[00:43:52]I don't know the president. We have inherited on 1968 the constitution who favors you transfer your mom the president the area and the person that alone.

[00:44:05]Come on.

[00:44:06]Who is he on it or to mom?

[00:44:08]since are solely relying on the basis of the affidavit of their attorney at law who is acting in his capacity as their interest are barely sufficient and they are in effect entering a class action or a public interest litigation which is a procedure unknown to our legal system.

[00:44:43]In essence, >> Madam Speaker, the bill has a potential to revolutionize our society. Its scope is far-reaching and can be split into three core categories. Firstly, rights expansion, secondly, institutional and justi- judicial restructuring, and thirdly, political integrity.

[00:46:39]Enshrining rights to the environment, technology, health, and education moves Mauritius from a framework of purely negative rights to positive rights. The 1968 Constitution is a classic first-generation document.

[00:46:57]It focuses primarily on negative liberties, what the state cannot do to its citizens.

[00:47:05]Prohibiting the state from arbitrarily arresting you, censoring you, or seizing your property.

[00:47:13]The proposed amendments under section 41A introduce new generation rights.

[00:47:20]This alters the social contract entirely.

[00:47:26]Citizens are no longer just individuals whom the state must leave alone.

[00:47:31]They become stakeholders who have a constitutional right to demand state action on environmental health, digital privacy, and equitable public services.

[00:47:45]It also redefines the concept of who hold rights.

[00:47:52]For the last 58 years, Mauritian law has viewed the environment through an anthropocentric lens.

[00:47:58]Nature is property to be managed or exploited by humans.

[00:48:05]Granting nature its own constitutional rights shifts the nation's legal foundations from an ego-driven model to an eco-driven model.

[00:48:17]It places Mauritius on the absolute frontier of global constitutional innovation.

[00:48:25]The bill also proposes to rewire the power mechanics to use an IT analogy.

[00:48:33]A true version upgrade fixes the design flaws of the original software.

[00:48:39]The 1968 constitution left several loopholes that allowed for the centralization of political power.

[00:48:48]The bill targets some of these vulnerabilities by recommending a senior officials appointment committee.

[00:48:58]It dilutes, yes, it dilutes the Prime Minister's absolute discretion over the appointment of heads of crucial public institutions, and that is a very welcome move.

[00:49:16]Also, by considering new provisions for anti-defection, political financing transparency, and the groundbreaking right to recall, it could usher a new era for the political class to not treat the 5-year mandate as a blank check given by the electorate.

[00:49:39]And it significantly alters the accountability of the political class.

[00:49:46]Madam Speaker, on Sunday, 10th March 2012, more than 14 years ago, on the eve of 44th celebration of independence of Mauritius and the 20th year anniversary of our republic, a march was held in the streets of Port Louis.

[00:50:10]It was called la mos dismos ver and nouveau republique.

[00:50:17]Hundreds of citizens rallied and took to the streets to demand constitutional change.

[00:50:24]This march was initiated by the following organizations: resistance egal alternative, bloc sankat, MIAU 2025, awake from the University of Mauritius, the General Workers Federation, sindicat des pecheurs, and the Center for Alternative Research and Studies.

[00:50:49]So, madam le president, nous avons marche pour une nouvelle republique et une nouvelle constitution base sur cinq principes fondamentaux.

[00:51:02]Un, le non communaliste.

[00:51:05]Deux, le respect des droits de l'homme pour tout le monde.

[00:51:10]Trois, la democratie participative.

[00:51:15]Quatre, une justice economique et sociale.

[00:51:19]Et cinq, le respect et l'harmonie avec la nature et l'ecologie.

[00:51:26]Ces cinq principes sont aujourd'hui les valeurs officielles de resistance egal alternative.

[00:51:33]Madam la president, la roue de l'histoire n'est pas figee non plus.

[00:51:39]Elle tourne inexorablement.

[00:51:41]Meme si parfois on voudrait que cela aille plus vite.

[00:51:47]En fouillant dans les archives au petit I We have a dream.

[00:52:48]Yes. Back in 2012 we had a dream.

[00:52:53]And today I am proud to say that this dream for a new constitution and a second Republic of Mauritius is still very much alive. Thank you.

[00:53:05]>> Thank you.

[00:53:06]Thank you.

[00:53:08]Yes.

[00:53:09]We will break for half an hour.

[00:53:42]>> I would be >> I know.

[00:53:44]>> I know.

[00:57:34]>> Mhm.

[00:59:29]>> Mhm.

[00:59:43]>> Mhm.