(a) Concluding that the communication, as presented by the authors, should be declared
admissible;
(b) Considering, however, that it might review this decision in the light of all the information
which would be before it when it considered the communication on the merits;
Therefore decided:
(a) That the communication was admissible;
(b) That in accordance with article 4 (2) of the Optional Protocol, the State party be requested
to submit to the Committee, within six months of the date of the transmittal to it of this
decision, written explanations or statements on the substance of the matter under
consideration;
(c) That the State party be requested, in this connection, to transmit copies of any relevant
legislation and any relevant judicial decisions.
5.1 In its submission dated 17 December 1979, the State party explains the laws of Mauritius
on the acquisition of citizenship and, in particular on the naturalization of aliens. The State
party further elaborates on the deportation laws, including a historical synopsis of these laws.
It is admitted that it was the effect of the Immigration (Amendment) Act, 1977 and of the
Deportation (Amendment) Act, 1977 to limit the right of free access to Mauritius and
immunity from deportation to the wives of Mauritian citizens only, whereas this right had
previously been enjoyed by all spouses of citizens of Mauritius irrespective of their sex. Both
Acts were passed following certain events in connection with which some foreigners (spouses
of Mauritian women) were suspected of subversive activities. The State party claims,
however, that the authors of the communication do not allege that any particular individual
has in fact been the victim of any specific act in breach of the provisions of the Covenant.
The State party claims that the communication is aimed at obtaining a declaration by the
Human Rights Committee that the Deportation Act and the Immigration Act, as amended, are
capable of being administered in a discriminatory manner in violation of articles 2, 3, 4, 17,
23, 25 and 26 of the Covenant.
5.2 The State party admits that the two statutes in question do not guarantee similar rights of
access to residence in Mauritius to all foreigners who have married Mauritian nationals, and
it is stated that the "discrimination' ', if there is any, is based on the sex of the spouse. The
State party further admits that foreign husbands of Mauritian citizens no longer have the right
to free access to Mauritius and immunity from deportation therefrom, whereas prior to 12
April 1977, this group of persons had the right to be considered, de 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.
5.3 The State party, however, considers that this situation does not amount to a violation of
the provisions 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 country 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
Covenant. 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 cannot claim that there