I. Communication Ho. 358/1989, R.L. et al. v. Canada (decision of 5 November 1891. adopted at the forty-third session) Submitted by. R.L. et al. (names deleted) Alleged victims: The authors State party; Canada Date of communication: 1 April 1989 (initial submission) The Human Rights Committee, established under article 28 of the International Covenant on Civil and Political Rights, Meeting on 5 November 1991, Adopts the following: Decision on admissibility 1. The authors of the communication (initial submission dated 1 April 1989 and subsequent correspondence) are Chief R.L., M.B., M.H. and 14 other members of the Whispering Pines Indian Band, residing in the province of British Columbia, Canada. The authors allege violations by the Government of Canada of article 1, paragraph 1, article 2, paragraph 1, and articles 17, 22, 23, 26 and 27 of the International Covenant on Civil and Political Rights. They are represented by counsel. Facts as submitted by the authors 2.1 The Whispering Pines Indian Band belongs to the Shuswap Nation in southcentral British Columbia. The Shuswap are the indigenous people of the region and constitute a single social, cultural, political and linguistic community distinct both from Euro-Canadians and from neighbouring indigenous peoples, Approximately half of the contemporary members of the Band live in a small farming community numbering about 26 persons and engage in raising cattle on 1,200 acres (750 ha) of land. 2.2 The communication challenges certain aspects of Bill C-31, i.e. the legislation which was enacted by the Government of Canada in 1985 in response to the recommendations of the Human Rights Committee in its Views in the case of Sandra Lovelace v. Canada. £/ By virtue of Bill C-31 certain persons formerly deprived of "Indian" status on the basis of sex were reinstated, but at the same time, other persons who formerly enjoyed Indian status were deprived of it on the basis of a racial quota. 2.3 Owing to the small siae of the Band, members frequently marry non-members. Because of its geographical isolation from other Shuswap communities and in view of the relative proximity to the city of Kamloops, social contact and intermarriage with non-Indians has been common. Traditional Indian membership rules allowed for considerable flexibility and facilitated the incorporation of non-members into the various bands. Problems allegedly started with the enactment of the original Indian &ct, 1876, which -358-