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.
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 life 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 life 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 obligation 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 (health, long-term 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 applied 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 article 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.
6.3 The authors enclose as an annex to their submission 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 husband 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
naturalized 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