has been any violation of articles 2 (1), 2 (2), 3, 4 or 26 of the Covenant on the grounds that
admission to Mauritius may be denied to the authors' husbands or prospective husbands or
that these husbands or prospective husbands may be expelled from Mauritius, and that such
exclusion of their husbands or prospective husbands may be an interference in their private
and family life.
5.4 As far as the allegation of a violation of article 25 of the Covenant is concerned, the State
party argues that if a citizen of Mauritius chooses to go and live abroad with her husband
because the latter is not entitled to stay in Mauritius, she cannot be heard to say that she is
thus denied the right to take part in the conduct of public affairs and to have access on general
terms of equality to public service in her country. The State party claims that nothing in the
law prevents the woman, as such, from exercising the rights guaranteed by article 25,
although she may not be in a position to exercise the said rights as a consequence of her
marriage and of her decision to live with her husband abroad. The State party mentions, as an
example of a woman who has married a foreign husband and who is still playing a prominent
role in the conduct of public affairs in Mauritius, the case of Mrs. Aumeeruddy-Cziffra, one
of the leading figures of the Mouvement Militant Mauricien opposition party.
5.5 The State party further argues that nothing in the laws of Mauritius denies any citizen the
right to marry whomever he may choose and to found a family. Any violation of articles 17
and 23 is denied by the State party which argues that this allegation is based on the
assumption that "husband and wife are given the right to reside together in their own
countries and that this right of residence should be secure". The State party reiterates that the
right to stay in Mauritius is not one of the rights guaranteed by the provisions of the
Covenant, but it admits that the exclusion of a person from a country where close members of
his family are living can amount to an infringement of the person's right under article 17 of
the Covenant, i.e. that no one should be subjected to arbitrary and unlawful interference with
his family. The State party argues, however, that each case must be decided on its own
merits.
5.6 The State party recalls that the Mauritian Constitution guarantees to every person the
right to leave the country, and that the foreign husband of a Mauritian citizen may apply for a
residence permit or even naturalization.
5.7 The State party is of the opinion that if the exclusion of a non-citizen is lawful (the right
to stay in a country not being one of the rights guaranteed by the provisions of the Covenant),
then such an exclusion (based on grounds of security or public interest) cannot be said to be
an arbitrary or unlawful interference with the family life of its nationals in breach of article
17 of the Covenant.
6.1 In their additional information and observations dated 19 March 1980, the authors argue
that the two Acts in question (Immigration (Amendment) Act, 1977 and Deportation
(Amendment) Act, 1977) are discriminatory in themselves in that the equal rights of women
are no longer guaranteed. The authors emphasize that they are not so much concerned with
the unequal status of the spouses of Mauritian citizens--to which the State party seems to
refer--but they allege that Mauritian women who marry foreigners are themselves
discriminated against on the basis of sex, and they add that the application of the laws in
question may amount to discrimination based on other factors such as race or political
opinions. The authors further state that they do not claim "immunity from deportation" for
foreign husbands of Mauritian women but they object that the Deportation (Amendment) Act,