contracts of work, political mandate, incapacity to stay
in the husband's country of origin because of racial
problems, as, for example, in South Africa);
(e) That by rendering the right of residence of foreign
husbands insecure, the State party is tampering with the
female citizens' right to freely marry whom they choose
and to found a family.
The authors do not contest that a foreign husband may
apply for a residence permit, as the State party has
pointed out in its submission; but they maintain that
foreign husbands should be granted the rights to
residence and naturalization. The authors allege that in
many cases foreign husbands have apphed in vain for
both and they claim that such a decision amounts to an
arbitrary and unlawful interference by the State party
with the family life of its female citizens in breach of ar
ticle 17 of the Covenant, as the decision is placed in the
hands of the Minister of the Interior and not of a court
of law, and as no appeal against this decision is possible.
Immigration (Amendment) Act, 1977, their husbands
lost the residence status in Mauritius which they had en
joyed before. Their further residence together with their
spouses in Mauritius is based under the statute on a
limited, temporary residence permit to be issued in ac
cordance with section 9 of the Immigration (Amend
ment) Act, 1977. This residence permit is subject to
specified conditions which might at any time be varied
or cancelled by a decision of the Minister of the Interior,
against which no remedy is available. In addition, the
Deportation (Amendment) Act, 1977, subjects foreign
husbands to a permanent risk of being deported from
Mauritius.
7.4 In the case of Mrs. Aumeeruddy-Cziffra, one of
the three married co-authors, more than three years
have elapsed since her husband applied to the Mauritian
authorities for a residence permit, but so far no formal
decision has been taken. If her husband's application
were to receive a negative decision, she would be obliged
to choose between either living with her husband abroad
and giving up her political career, or hving separated
from her husband in Mauritius and there continuing to
participate in the conduct of public affairs of that coun
try.
6.3 The authors enclose as an annex to their submis
sion a statement by one of the co-authors, Mrs. Shirin
Aumeeruddy-Cziffra, to whose case the State party had
referred (see para. 5.4 above). She states inter alia that
on 21 April 1977, in accordance with the new laws, her
foreign husband applied for a residence permit and later
for naturalization. She alleges that during 1977 her hus
band was twice granted a one-month visa and that an
application for a temporary work permit was refused.
She states that when returning to Mauritius, after a oneweek stay abroad, her husband was allowed to enter the
country on 24 October 1978 without question and that
he has been staying there since without a residence or
work permit. She remarks that her husband is slowly
and gradually giving up all hope of ever being natural
ized or obtaining a residence permit. The author, an
elected member of the legislative assembly, points out
that this situation is a cause of frustration for herself
and she alleges that the insecurity has been deliberately
created by the Government to force her to abandon
politics in view of the forthcoming elections in
December 1981. She stresses that she does not want to
leave Mauritius, but that she intends, after the expiry of
her present mandate, to be again a candidate for her
party.
8.1 The Committee has to consider, in the light of
these facts, whether any of the rights set forth in the
Covenant on Civil and Political Rights have been
violated with respect to the authors by Mauritius when
enacting and applying the two statutes in question. The
Committee has to decide whether these two statutes, by
subjecting only the foreign husband of a Mauritian
woman—but not the foreign wife of a Mauritian man—
to the obligation to apply for a residence permit in order
to enjoy the same rights as before the enactment of the
statutes, and by subjecting only the foreign husband to
the possibility of deportation, violate any of the rights
set forth under the Covenant, and whether the authors
of the communication may claim to be victims of such a
violation.
8.2 Pursuant to article 1 of the Optional Protocol to
the International Covenant on Civil and Political
Rights, the Committee only has a mandate to consider
communications concerning individuals who are alleged
to be themselves victims of a violation of any of the
rights set forth in the Covenant.
7.1 The Human Rights Committee bases its view on
the following facts, which are not in dispute:
7.2 Up to 1977, spouses (husbands and wives) of
Mauritian citizens had the right of free access to
Mauritius and enjoyed immunity from deportation.
They had the right to be considered de facto as residents
of Mauritius. The coming into force of the Immigration
(Amendment) Act, 1977, and of the Deportation
(Amendment) Act, 1977, limited these rights to the
wives of Mauritius citizens only. Foreign husbands must
apply to the Minister of the Interior for a residence per
mit and in case of refusal of the permit they have no
possibility to seek redress before a court of law.
9.1 The Human Rights Committee bases its views
on the following considerations:
9.2 In the first place, a distinction has to be made
between the different groups of the authors of the
present communication. A person can only claim to be a
victim in the sense of article 1 of the Optional Protocol
if he or she is actually affected. It is a matter of degree
how concretely this requirement should be taken.
However, no individual can in the abstract, by way of
an actio popularis, challenge a law of practice claimed
to be contrary to the Covenant. If the law or practice
has not already been concretely applied to the detriment
of that individual, it must in any event be applicable in
such a way that the alleged victim's risk of being af
fected is more than a theoretical possibility.
7.3 Seventeen of the co-authors are unmarried.
Three of the co-authors were married to foreign
husbands when, owing to the coming into force of the
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