A/HRC/11/37 638. The amendment of section 16 of the Constitution to include new forms of discrimination would be considered in the context of a general review of the Constitution. The Equal Opportunities Act, which was voted on in 2008, prohibited discrimination on grounds not covered in the Constitution, such as sexual orientation and HIV status. 639. With regard to the recommendation to include marital rape as an offence under the proposed Sexual Offences Bill, Mauritius pointed out that there was currently no specific reference to the offence of marital rape. However, section 249 of the criminal code criminalized the offence of rape. It was also arguable that it was possible to prosecute for the offence of marital rape under the criminal code as it stood. However, to avoid any ambiguity, it was proposed to make clear reference to this offence in the Sexual Offences Bill, which was currently being considered by a select-committee of the National Assembly. 2. Views expressed by Member and observer States of the Council on the review outcome 640. Algeria appreciated Mauritius’ efforts to ensure the enjoyment of human rights by all its citizens, despite its constraints as a small island developing State. Algeria underlined the measures taken to speed up the ratification of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, which was in line with its recommendation. It noted that Mauritius had adopted a national plan on human rights aimed at developing and raising awareness of a human rights culture. Algeria appreciated the positive steps taken by Mauritius to reform its judicial system and reiterated its call to OHCHR to provide technical assistance to Mauritius to step up its efforts in this field. 641. Morocco noted that the universal periodic review of Mauritius, which had accepted the majority of recommendations, showed Mauritius’ commitment to human rights and the universal periodic review. It stated that the dissemination of a human rights culture was essential to the promotion of human rights and would allow Mauritius to consolidate its achievements in democracy and the rule of law. Morocco thanked Mauritius for the steps taken to implement recommendations made during the review process, particularly Mauritius’ decision regarding the protection of the rights of children, including through the ratification of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and the elaboration of a charter on the rights of the child. 642. The United States of America recognized the efforts made to create a culture of human rights, through, inter alia, the establishment of a human rights centre, the national human rights plan of action and the actions taken in the area of poverty eradication. The United States made reference to the efforts made to promote human rights education, especially for law enforcement and judicial officials, and to carry out investigations into all violations and deaths of persons in custody attributable to police officers. The United States supported recommendations regarding discrimination against women, and expressed its hope that Mauritius would finalize and adopt soon the sexual offences bill currently under consideration, and ensure that marital rape was deemed a punishable offence in the legal code. 643. Canada welcomed the commitments and impressive achievements of Mauritius in the field of human rights since its independence and noted that Mauritius remained a model of stability and democracy in the region. It indicated that, as members of the Francophonie and the Commonwealth, Canada and Mauritius shared common values, including respect for human rights, the rule of law and democracy. Canada appreciated the fact that all recommendations that it had formulated during the review had been accepted by Mauritius. GE.09-16766 155