husbands of Mauritian citizens no longer have the right
to free access to Mauritius and immunity from deporta
tion therefrom, whereas prior to 12 April 1977, this
group of persons had the right to be considered, i/e
facto, as residents of Mauritius. They now must apply
to the Minister of the Interior for a residence permit and
in case of refusal of the permit they have no possibility
to seek redress before a court of law.
subjected to arbitrary and unlawful interference with his
family. The State party argues, however, that each case
must be decided on its own merits.
5.6 The State party recaUs that the Mauritian Con
stitution guarantees to every person the right to leave
the country, and that the foreign husband of a Mauri
tian citizen may apply for a residence permit or even
naturahzation.
5.7 The State party is of the opinion that if the ex
clusion of a non-citizen is lawful (the right to stay in a
country not being one of the rights guaranteed by the
provisions of the Covenant), then such an exclusion
(based on grounds of security or public interest) cannot
be said to be an arbitrary or unlawful interference with
the family life of its nationals in breach of article 17 of
the Covenant.
5.3 The State party, however, considers that this
situation does not amount to a violation of the provi
sions of the Covenant which—in the State party's
view—does not guarantee a general right to enter, to
reside in and not to be expelled from a particular coun
try or a certain part of it and that the exclusion or
restriction upon entry or residence of some individuals
and not others cannot constitute discrimination in
respect of a right or freedom guaranteed by the Cov
enant. The State party concludes that if the right "to
enter, reside in and not to be expelled from" Mauritius
is not one guaranteed by the Covenant, the authors can
not claim that there has been any violation of articles
2 (1), 2 (2), 3, 4 or 26 of the Covenant on the grounds
that admission to Mauritius may be denied to the
authors' husbands or prospective husbands or that these
husbands or prospective husbands may be expelled from
Mauritius, and that such exclusion of their husbands or
prospective husbands may be an interference in their
private and family life.
6.1 In their additional information and observa
tions dated 19 March 1980, the authors argue that the
two Acts in question (Immigration (Amendment) Act,
1977 and Deportation (Amendment) Act, 1977) are
discriminatory in themselves in that the equal rights of
women are no longer guaranteed. The authors em
phasize that they are not so much concerned with the
unequal status of the spouses of Mauritian citizens—to
which the State party seems to refer—but they allege
that Mauritian women who marry foreigners are
themselves discriminated against on the basis of sex,
and they add that the application of the laws in question
may amount to discrimination based on other factors
such as race or political opinions. The authors further
state that they do not claim "immunity from deporta
tion" for foreign husbands of Mauritian women but
they object that the Deportation (Amendment) Act,
1977 gives the Minister of the Interior an absolute
discretion in the matter. They argue that, according to
article 13 of the Covenant, the alien who is lawfully in
the country has the right not to be arbitrarily expelled
and that, therefore, a new law should not deprive him of
his right of hearing.
5.4 As far as the allegation of a violation of article
25 of the Covenant is concerned, the State party argues
that if a citizen of Mauritius chooses to go and live
abroad with her husband because the latter is not en
titled to stay in Mauritius, she cannot be heard to say
that she is thus denied the right to take part in the con
duct of public affairs and to have access on general
terms of equality to public service in her country. The
State party claims that nothing in the law prevents the
woman, as such, from exercising the rights guaranteed
by article 25, although she may not be in a position to
exercise the said rights as a consequence of her marriage
and of her decision to live with her husband abroad.
The State party mentions, as an example of a woman
who has married a foreign husband and who is still play
ing a prominent role in the conduct of public affairs in
Mauritius, the case of Mrs. Aumeeruddy-Cziffra, one
of the leading figures of the Mouvement Mihtant
Mauricien opposition party.
6.2 As has been stated, the authors maintain that
they are not concerned primarily with the rights of noncitizens (foreign husbands) but of Mauritian citizens
(wives). They allege:
(a) That female citizens do not have an unrestricted
right to married hfe in their country if they marry a
foreigner, whereas male citizens have an unrestricted
right to do so;
(b) That the law, being retroactive, had the effect of
withdrawing from the female citizens the opportunity to
take part in public hfe and restricted, in particular, the
right of one of the authors in this respect;
(c) That the "choice" to join the foreign spouse
abroad is only imposed on Mauritian women and that
only they are under an obhgation to "choose" between
exercising their political rights guaranteed under article
25 of the Covenant, or to live with their foreign
husbands abroad.
(d) That the female citizen concerned may not be able
to leave Mauritius and join her husband in his country
of origin for innumerable reasons (heaUh, long-term
5.5 The State party further argues that nothing in
the laws of Mauritius denies any citizen the right to
marry whomever he may choose and to found a family.
Any violation of articles 17 and 23 is denied by the State
party which argues that this allegation is based on the
assumption that "husband and wife are given the right
to reside together in their own countries and that this
right of residence should be secure". The State party
reiterates that the right to stay in Mauritius is not one of
the rights guaranteed by the provisions of the Covenant,
but it admits that the exclusion of a person from a coun
try where close members of his family are living can
amount to an infringement of the person's right under
article 17 of the Covenant, i.e. that no one should be
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