Campaign Against Infringement of Residence and Citizenship Rights of Spouses Born Abroad
06.10.2022
Campaign Against Infringement of Residence and Citizenship Rights of Spouses Born Abroad
[LALIT is publishing the Communique of Muvman Liberasyon Fam in support of Lindsey Collen’s constitutional case which was distributed to the Press present outside the Court on Friday 30 September.]
MLF Communique
As part of MLF’s campaign against the disruption of the right to marry, form a family and live in a country where either one of a married couple comes from, the MLF is supporting a constitutional case that Lindsey Collen has filed today, 30 September, 2022 against the Government for enacting a law that, she says, goes against the Constitution by permitting any present or future Prime Minister to strip her, or any other spouse with Citizenship, of this Mauritian Citizenship, although she was entitled to it through marriage and registration. She is calling for the relevant parts of the new law to therefore be struck out by the Supreme Court.
The MLF has already called on the MSM-led Government to repeal the offending sections of this law. Once again we call for this.
The new law that came into force on 27 July 2022 and is being challenged is called the “Immigration Act 2022”, and it includes a section that amends the existing “Citizenship Act” to allow spouses with Mauritian citizenship to be stripped of this citizenship. The new law puts all those thousands of Mauritians married to people not born in Mauritius, as well evidently as their spouses, in a precarious situation – in relation both to the right to residence, and the right to citizenship.
At Section 39(4) (f), the new law announces an amendment: “In section 11 [of Mauritius Citizenship Act] by adding the following new subsection – (8) ... the Minister may, in his absolute discretion and without giving any reason, deprive any person of his citizenship of Mauritius, if he has reliable information and is satisfied that it is in the interest of defence, public safety or public order.”
Notice the words “absolute discretion” of any Prime Minister, plus “without giving any reason” and “deprive any person of his citizenship of Mauritius”.
Yet, the Mauritian Constitution says:
“Section 1. The State: Mauritius shall be a sovereign democratic State which shall be known as the Republic of Mauritius.
“Section 2. Constitution is supreme law: The Constitution is the supreme law of Mauritius and if any other law is inconsistent with this Constitution, that other law shall, to the extent of its inconsistency, be void.”
Fundamental human rights are protected by the Constitution and these include protection from arbitrary actions by Government or from discrimination on the grounds of place of birth. The Constitution also ensures separation of powers, whereby people have the right to appeal decisions.
“15 Protection of freedom of movement
(1) No person shall be deprived of his freedom of movement ... that freedom means ... immunity from expulsion from Mauritius.”
Section 24 of the Constitution says under the heading “Marriage to a citizen of Mauritius”: “Any person who ... marries another person who is .... a citizen of Mauritius shall be entitled, upon making application in such manner as may be prescribed and, if he is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Mauritius: Provided that the right to be registered as a citizen of Mauritius under this section shall be subject to such exception or qualifications as may be prescribed in the interests of national security or public policy.”
And two sections of the Constitution, Sections 17 and 83, allow for the kind of challenge that Lindsey Collen has lodged in the Supreme Court.
Lindsey Collen’s Attorney for her case is Ms. Ayesha Jeewa, and her barristers are Me. Antoine Domingue and Jean-Claude Bibi. The Defendants are the State, the Hon. Prime Minister and the Hon. Attorney General.
Rajni Lallah
for MLF, 30 September 2022.
