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 69

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents