Call by Women against new draconian Immigration Act

16.09.2022

LALIT has pleasure in publishing a public “declaration” made by 12 women against the new draconian Immigration Act of 27 August 2022. 

The declaration is in the fine French tradition of a list of well-known people in different political currents and occupations signing up to a document to take position rapidly, and thus help create the safe space for others to be able to join a campaign. So, in this way, it is like a petition, but signed up to by people already in the public arena and as the beginning of a campaign. The 12 women who have signed up include three former Ministers from 3 different political parties in Government at different times, a former Member of the National Assembly, as well as a well-known woman trade unionist, two well-known members of the Muvman Liberasyon Fam, organization which is co-coordinating the declaration, who were actual signatories alongside one of the former Minister signatories, to the original 1977 case at the UN Committee on Civil and Political Rights at which a case was won and that led to the discriminatory law of 1977 being amended, another feminist who was an original signatory, a cultural activist in the music and intangible cultural heritage domain, an ecological activist, and two other MLF members, one from Mauritius Island, one from Rodrigues Island.

This pioneering petition is, in a way, a criticism and even an auto-criticism of the fact that the women’s movement, when reduced to “gender equality” alone, can “niveler par le bas”. The successful campaign against the 1977 amendment to the Immigration Act succeeded in getting equality for Mauritian women married to non-Mauritian men, in the sense that they could live together in Mauritius as of right, and not on the basis of a discretionary permit, just as Mauritian men could with their spouses. Now 45 years later, this victory is being challenged for everyone. The assurance of the right to residence of spouses is denied to both men and women and, worse still, spouses that have been registered as Mauritian citizens can now be deprived arbitrarily of their Mauritian citizenship without any reason being given nor any appeal being possible, as well as of residence.

Here is the content of the declaration, and the list of prominent signatories:

Given that the Immigration Act of July 2022 gives any present or future Minister of the Interior arbitrary discretionary powers to strip Mauritians of their citizenship;

Given that the new law expressly excludes any right of appeal whatsoever;

Given that the new law expressly states that the Minister does not need to provide any reason at all for any such draconian decision;

Given that the new law also gives arbitrary powers to the Minister to deny the right of residence to spouses of Mauritians;

Given that these arbitrary powers undermine the liberty of people who have freely married, or may in the future freely marry non-Mauritians, to enjoy married life as residents and/or citizens of Mauritius;

And given that the foreseeable suffering for any children from such marriages is alarming;

Recalling the common action of women organised by the Fron Komin Organisation Fam in 1977 to oppose the discriminatory amendments to the Immigration and Deportation Acts in 1977 that undermined the right of residence in Mauritius of non-Mauritian husbands married to Mauritian women thus constituting a discrimination and violation of their right to found a family and home freely;

Recalling that the common actions of women in Mauritius, and ultimately the case against the State of Mauritius before the United Nations Human Rights Committee which saw victory on 9 April 1981 and which subsequently led to amendments in the laws on 8 March 1983 that guaranteed the status of residence to anyone, male or female, married to a Mauritian;

And noting that the new law hurls Mauritian society into a situation worse than that of 1977, as it constitutes an attack on the right of men and women to marry freely, to remain in their natal land with their spouse who may be a foreigner and found a family in Mauritius;

And noting that, in many extended families in Mauritius, there is at least one family member married to a non-Mauritian, meaning that, families all over the country, whether in rural or urban regions, whether they are rich or poor, and whatever be their religion, culture and belief, are affected,

We undersigned women:

1. Call on all democratic organisations, indeed all men and women, to oppose the arbitrary sections of the Immigration Act;

2. Call on the Government to repeal these arbitrary sections of the law at once.

Name of Signatories

 Shirin AUMEERUDDY-CZIFFRA

Sheila BAPPOO

Marousia BOUVERY

Stivelle CASTEL

Lindsey COLLEN

Pouba ESSOO

Ragini KISTNASAMY

Rajni LALLAH

Vidula NABABSING

Arianne NAVARRE-MARIE

Jane RAGOO

Emilie WIEHE