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 affected is more than a theoretical possibility.
9.2 (a) In this respect the Committee notes that in the case of the 17 unmarried co-authors
there is no question of actual interference with, or failure to ensure equal protection by the
law to any family. Furthermore there is no evidence that any of them is actually facing a
personal risk of being thus affected in the enjoyment of this or any other rights set forth in the
Covenant by the laws complained against. In particular it cannot be said that their right to
marry under article 23 (2) or the right to equality of spouses under article 23 (4) are affected
by such laws.
9.2 (b) I The Committee will next examine that part of the communication which relates to
the effect of the laws of 1977 on the family life of the three married women.
9.2 (b) 2 The Committee notes that several provisions of the Covenant are applicable in this
respect. For reasons which will appear below, there is no doubt that they are actually affected
by these laws, even in the absence of any individual measure of implementation (for instance,
by way of a denial of residence, or an order of deportation, concerning one of the husbands).
Their claim to be "victims" within the meaning of the Optional Protocol has to be examined.
9.2 (b) 2 (i)1 First, their relationships to their husbands clearly belong to the area of "family"
as used in article 17 (1) of the Covenant. They are therefore protected against what that
article calls "arbitrary or unlawful interference" in this area.
9.2 (b) 2 (i) 2 The Committee takes the view that the common residence of husband and wife
has to be considered as the normal behaviour of a family. Hence, and as the State party has
admitted, the exclusion of a person from a country where close members of his family are
living can amount to an interference within the meaning of article 17. In principle, article 17
(1)applies also when one of the spouses is an alien. Whether the existence and application of
immigration laws affecting the residence of a family member is compatible with the
Covenant depends on whether such interference is either "arbitrary or unlawful" as stated in
article 17 (1), or conflicts in any other way with the State party's obligations under the
Covenant.
9.2 (b) 2 (i) 3 In the present cases, not only the future possibility of deportation, but the
existing precarious residence situation of foreign husbands in Mauritius represents, in the
opinion of the Committee, an interference by the authorities of the State party with the family
life of the Mauritian wives and their husbands. The statutes in question have rendered it
uncertain for the families concerned whether and for how long it will be possible for them to
continue their family life by residing together in Mauritius. Moreover, as described above
(para. 7.4) in one of the cases, even the delay for years, and the absence of a positive decision
granting a residence permit, must be seen as a considerable inconvenience, among other
reasons because the granting of a work permit, and hence the possibility of the husband to