Finally, a Law on Femicide in Mauritius — Reflections on a Historic Milestone and the Road Ahead-

By Mokshda Pertaub, Barrister-at-Law

Introduction :

“A law changes when society is ready to name a reality it can no longer ignore. On 21 July 2026, Mauritius legally recognized femicide. But recognition is only the beginning — implementation, prevention and accountability are the next battles.”

On 21 July 2026, femicide was formally recognised under Mauritian criminal law. This historic legislative milestone marks an important moment in the country’s continuing efforts to address gender-based violence and to acknowledge the specific patterns that often precede the killing of women.

However, while the recognition of femicide in law represents significant progress, it is not the conclusion of the journey. The most challenging work — ensuring effective implementation, strengthening prevention mechanisms, addressing societal attitudes, and resisting growing opposition to gender equality — remains ahead.

From invisibility to legal recognition

The journey towards recognising femicide in Mauritius began with a simple but fundamental principle: what is not named often remains invisible.

Since I founded the MPower NGO in 2022, femicide has been placed at the centre of its advocacy work. The organisation’s first initiatives focused on building awareness among civil society, legal professionals and stakeholders on gender-based violence and the need for stronger legal recognition. A first workshop on creating awareness about GBV and femicide was organised in October 2023 in Grand Bay for civil society and also another one for law practitoners at the IJLS. We had the honour of hosting a human rights lawyer and speaker from Madagascar for our workshop.

In December 2025, the MPower ‘s second workshop on femicide entitled “Demystifying Femicide” created a national platform to examine a phenomenon that had long existed but had not yet been expressly recognised within Mauritian law. The discussions took place against the backdrop of increasing femicides in the country which were too many to ignore. The workshop’s recommendations,a call for action, were submitted to the concerned stakeholders. Unexpectedly, three days later, history was made through a significant judicial development: the landmark Supreme Court judgment of 10 December 2025, [State v. Nubbeebuccus Mamode Umaiir (2025 SCJ 575) ] provided the first judicial definition of femicide in Mauritius and imposed a life sentence in a case involving the killing of a woman in a context of gender-based violence. ( see my previous article on linkedin on the legal analysis of this landmark case)

On 21 July 2026, the Attorney-General announced in Parliament that femicide would now be recognised as an aggravating form of homicide under Mauritian criminal law.This amendment to the Criminal Code Act ( which still needs the Presidential assent to become law) represents more than a change in homicide law. It acknowledges that the killing of a woman in circumstances linked to gender-based violence is not simply an isolated act of violence, but often the culmination of a pattern involving control, threats, abuse and escalation. In this context, the upcoming Domestic Abuse Bill has also been referred to.

The law has finally caught up with a reality that survivors, advocates, practitioners and communities have been confronting for years.

It has been a long journey! Twenty-eight years of connecting law, advocacy and social change

The fight against gender-based violence has been a continuous thread throughout my legal career spanning twenty-eight years at the Mauritian Bar. The foundation was laid in 1998, when the Protection from Domestic Violence Act 1997 was introduced and awareness programmes began to sensitise women on their newly recognised legal protections. That early engagement demonstrated a lasting truth: legal reform cannot succeed without legal literacy and public understanding.

Throughout the years, litigation, legislative reform, judicial training and community legal education have remained interconnected components of the same mission — ensuring that legal rights move beyond legislation and become meaningful protections in practice.

Through our NGO MPower, three key reforms have remained priorities:

1. Recognition of femicide through a specific offence or aggravated circumstances provision;
2. Ratification by Mauritius of the African Union Convention on Ending Violence Against Women and Girls(CEVAWG);
3. Recognition and regulation of technology-facilitated gender-based violence within Mauritian criminal law(TFGBV).

Legal empowerment has also remained central to this approach. Through the “Fam konn to drwa!” programme, conducted in collaboration with the National Women’s Council, more than 500 women across all nine districts of Mauritius received training on their legal rights. This initiative, conducted over ten months, with another MPower colleague, Me Venusha Autar, demonstrated that sustained engagement is essential if communities are to meaningfully access true justice.

Linking national reform with international commitments

Furthermore, the work on gender justice has increasingly expanded beyond domestic advocacy.

In January 2026, I contributed to the drafting of Mauritius’ National Action Plan on Women, Peace and Security which was undertaken under the mandate of UN Women. Shortly afterwards in April 2026, the preparation of Mauritius’ Shadow Report on the Maputo Protocol was commissioned by SOAWR and Equality Now to be presented at the African Union Commission.

Such processes provide important opportunities to assess progress, identify gaps and strengthen accountability mechanisms in the law. However, experience demonstrates that well-drafted policies and reports require sustained advocacy and implementation strategies to create lasting change.This is where the role of legal practitioners, trainers and civil society organisations remains critical — bridging international commitments, national legislation and everyday realities.

A regional pattern: progress facing resistance and the anti-rights movement

The experience of Mauritius reflects a broader regional reality. Across Africa and beyond, significant progress has been achieved in recognising violence against women as a human rights issue. Yet this progress is increasingly confronted by organised and consistent resistance.The same narratives are repeatedly emerging: that laws addressing domestic violence and gender equality represent 'foreign' concepts; that international instruments such as the Maputo Protocol exceed national cultural boundaries; or that gender-responsive reforms within justice institutions represent ideological rather than professional development.

These arguments are not isolated incidents. They form part of a wider anti-rights movement that challenges gender equality frameworks and increasingly targets the organisations and individuals working to advance them.

For human rights defenders like me, the challenge is therefore no longer only about developing sound legal arguments. It is also about strengthening strategies to protect civic space, build resilient coalitions, communicate effectively with communities, and ensure that equality frameworks remain understood as universal principles rather than external impositions.

Bringing legal expertise to global conversations

Over the years, legal training and advocacy work have extended across several jurisdictions.This has included training judges from Kenya, Uganda, Tanzania, Sierra Leone and South Sudan on gender-based violence and the Maputo Protocol; supporting UN Women and UNODC initiatives on gender-responsive policing in Senegal, Mali and Niger; participating in regional advocacy efforts on Maputo Protocol ratification; and contributing to FEMNET’s broader work on ending violence against women and girls.

These experiences have reinforced a central lesson: legal reform is most effective when international standards, national institutions and community realities are connected.

Whether working with judges, police officers, law practitioners, policymakers or grassroots communities, the objective remains the same — ensuring that legal systems respond effectively to the lived realities of women facing violence and discrimination.

The road ahead for Mauritius and MPower’s advocacy

The recognition of femicide in Mauritian law creates new responsibilities.

The next phase must focus on implementation: ensuring that investigators, prosecutors, magistrates, judges and frontline responders have the necessary understanding and tools to apply the law effectively. Training and sensitization nationally remains a must.

For MPower, the priorities ahead include continuing advocacy for the ratification of the African Union Convention on Ending Violence Against Women and Girls, strengthening awareness on technology-facilitated gender-based violence, expanding training programmes, and incorporating strategies to address resistance and backlash against gender equality initiatives.

The recognition of femicide did not happen overnight. It was the result of years of advocacy, legal analysis, judicial engagement, public dialogue and the courage of those who insisted that the reality of women’s experiences could no longer remain unnamed.

The December 2025 workshop did not create the problem — it created the space to confront it openly. The law has now responded.

But laws alone do not transform societies. Implementation, prevention, education and sustained commitment will determine whether this historic reform achieves its true purpose: protecting women’s lives and dignity.

The work continues — with renewed urgency, stronger partnerships and a commitment to ensuring that progress is not only achieved, but also defended.

This dated archive preserves the author’s original commentary. It is general information, not legal advice, and may not reflect current law.