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.
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 defacto 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 permit and in case of refusal of the permit they have no possibility to
seek redress before a court of law.
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 Immigration (Amendment)
Act, 1977, their husbands lost the residence status in Mauritius which they had enjoyed
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 accordance with section 9 of
the Immigration (Amendment) 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 living separated from her
husband in Mauritius and there continuing to participate in the conduct of public affairs of
that country.
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.
9.1 The Human Rights Committee bases its views on the following considerations: