As I am reading the sixth National Assembly Parliamentary debate, I came across the very first intervention from the Deputy Prime Minister talking about the huge gâchis that was happening in the Tertiary Education sector is now sorted out : “we have to go for quality, for reputation and we have to honour these foreign students and the Mauritian students that choose Mauritius as a base.” I immediately had a flashback on a case of a foreign student:
16th February 2015
Hot Monday morning, back in the office with a series of meetings planned. I received a call from my colleague, informing me that a week ago there was a young Cameroonian student at the office, meeting with our counsellors and social workers. She landed in Mauritius on the 27th of January and is enrolled in a private tertiary institution. As part of her study application, she got tested on the 4th of February in a private laboratory and was informed to be HIV positive on the following day. She immediately informed her university. Both the private laboratory and the university advised her for a visit at PILS.
It was not long since I got to meet her. The first thing that caught my attention was her scarf, silky and colourful. No match with her red, teary eyes… I felt more concerned this time, not because I knew the procedures (she would soon receive a letter of deportation from the Passport and Immigration Office) but because this is the first time that we will be appealing under this new government. After gathering all the information, it was time to act. The fight against laws which discriminates against foreigners living with HIV concerns us: the message that it sends is that HIV positive people are persona non grata and should not enjoy the same freedom of movement and opportunities as other people. Such laws undermine our current national HIV programmes aiming to reduce stigma and discrimination: two powerful barriers preventing the spread of HIV in our country. In addition, foreigners choose to forego HIV testing for fear of not renewing their permit and being deported, showing the public health impact of deported HIV positive foreigners.
Monday 23rd February
A first appeal letter is sent to the Prime Minister, copied to the PMO, Attorney General and different ministries (Health, Education and Foreign Affairs). Our very first attempt to allow the student to study in Mauritius. At PILS, she receives regular counselling and support sessions. One young woman, in Mauritius with one dream: to get a degree and be independent and able to support her family. Living with a virus that is considered, under the eyes of the Mauritian law, as contagious.
Thursday 19th March
What I feared came true: she is informed by her university to go immediately to the Passport and Immigration office, in Port Louis. There, she received a letter of deportation: she has two weeks before leaving the country. The following day, an email is sent to the Attorney General informing him of this inhumane situation.
Monday 23 March
Monday morning. Finalizing another appeal to be hand delivered to the Home Affairs, and the different ministries in copy. Another letter sent again on the 7th of April to Home Affairs. We cannot be more anxious of the outcomes. In the meantime, our international allies are informed of this case of deportation.
Monday 06 April
Things are getting more complicated than we thought. There seems to be no negotiations and possibility for the student to stay based on humanitarian grounds. We sit with her and explain that it will become high time to get the support of our media allies. She chooses a name: ‘Cynthia’ is born.
Our first press release is sent on the 13th of April. The following day, flooding of messages on the media. Numerous supportive messages especially from the social media of readers who were outraged of the fact that Cynthia would be deported solely because of her HIV status. However, we did receive comments from readers failing to understand why an HIV positive foreigner should be allowed to pursue his/her studies in Mauritius. Failing to realise that Mauritius is the only country in the Indian Ocean which still kicks out HIV positive foreigners. That Mauritius is still one of the few 35-something countries in the world which still bans foreign students and workers living with HIV, next to countries like Iraq, Sudan, Yemen and Oman (countries with scary track of human rights violations). Unaware that Mauritius has committed to eliminate stigma related to HIV positive people and that our government has committed to eliminate HIV-related travel restrictions. Students who commented that they are also subjected to such tests when studying abroad but fail to realise that most of the countries would not deport you for such reasons. Readers that consider that Cynthia comes from a ‘culture of promiscuity’, will infect other Mauritians and be an additional burden to tax-payers. Those comments made me sick.
First week of April
International agencies like the Office of the High Commissioner for Human Rights, the International Labour Organisation and World Health Organisation are informed of the case. Immediately, we received the support of the United Nations Development Programme (UNDP), the Joint United Nations Programme on HIV/AIDS (UNAIDS), the United Nations Office on Drugs and Crime (UNODC), the United Nations Population Fund (UNFPA) and the International Office of Migration (IOM) who wrote a letter jointly to the Prime Minister to appeal for the stay of the student as well as to change the discriminatory law.
During the second week of April, I was in South Africa, and during a forum the idea of a petition came about with our African partners. Many were shocked that Mauritius, the paradise island in the Indian Ocean, was deporting HIV positive foreigners! Our French NGO allies also spread the message across other French speaking countries. Consequently, through networking, more than 80 NGOs around the world signed that petition addressed to the Prime Minister. A momentum was gained from the international community to convince the Government of Mauritius to address this discrimination.
16 April
Passport and Immigration sent the second letter of deportation.
None of our appeals had been accepted!
Having myself studied abroad in a foreign country with no family to tend to you, I tried to put myself in Cynthia’s shoes: Why stay in a country where the government refuses any negotiation or appeal based on humanitarian basis? Where the confidentiality based on her HIV status may be compromised if she goes into a legal battle. Where she is being delayed to get access to her life-saving treatments (in Cameroon, all HIV treatments are free and available for all foreigners). I then realised the answer is simple: Cynthia has an abundance of courage and motivation and as she puts it: “winners never quit, and quitters never win”.
On Monday 20 April
I am back in Mauritius, first thing in the morning we met up with our legal team. Cynthia was the most motivated. She wants to fight for herself but also for all students, as no one should be discriminated upon because of his/her HIV status. She has gained her smile and looked more relaxed (mostly because of the friendly attitude of the lawyers). Towards the end of that week, a case was finally lodged at the Supreme Court. Cynthia will not be deported in the meantime…
Want more information on HIV travel bans? Click on the following links:
https://www.iasociety.org/Web/WebContent/File/ias_policy%20paper.pdf
https://www.unaids.org/sites/default/files/media_asset/jc1738_entry_denied_en_0.pdf
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