(g)
Freedom of conscience (Covenant, art* 18)
677. In case Ho. 446/1991 (J.P. v. Canada), the author had refused payment of
taxes that would be used for military purposes. She invoked article 18 of the
Covenant, which guarantees freedom of conscience. In declaring the
communication inadmissible, the Committee observed:
"The Committee notes that the author seeks to apply the idea of
conscientious objection to the disposition by the State of the taxes it
collects from persons under its jurisdiction. Although article 18 of the
Covenant certainly protects the right to hold, express and disseminate
opinions and convictions, including conscientious objection to military
activities and expenditures, the refusal to pay taxes on grounds of
conscientious objection clearly falls outside the scope of the protection
of this article." (annex X, sect. Y, para. 4.2)
(h)
The right to take part in the conduct of public affairs (Covenant,
art. 25 (a))
678. Article 25 (a) of the Covenant gives every citizen the right to take part
in the conduct of public affairs, directly or through freely chosen
representatives. In case No. 205/1986 (Mikmaq v. Canada), the authors,
Canadian Indians belonging to the Mikmaq tribal society in Nova Scotia,
Canada, complained that this right had been denied them. Since 1982, several
constitutional conferences had been convened by the Prime Minister of Canada
to identify and clarify the rights of the aboriginal peoples of Canada.
Representatives of four national associations had been invited to represent
the interest of approximately 600 aboriginal groups at the conferences, which
were attended by the Prime Minister and the first ministers of the provinces.
The authors had sought, unsuccessfully, to be invited to attend the
conferences as representatives of the Mikmaq tribal society and argued that
the failure to invite them infringed their right to take part in the conduct
of public affairs, as they did not feel represented by the national
associations.
679. The Committee considered that, in the light of the composition, nature
and scope of the activities of the constitutional conferences, the conferences
did indeed constitute "a conduct of public affairs". As to the scope of the
right to take part in the conduct of public affairs, the Committee found that
it was for the legal and constitutional system of States to provide for the
modalities of such participation. The right could not be understood as
meaning that any group, large or small, that was directly affected by a
particular conduct of public affairs had the unconditional right to choose how
they would participate. In the view of the Committee, the participation and
representation at the Canadian constitutional conferences had not been
subjected to unreasonable restrictions. Accordingly, the Committee did not
find a violation of the right to talte part in the conduct of public affairs
(annex IX, sect. A ) .
(i)
Non-discrimination (Covenant, art. 26)
680. Article 26 of the Covenant guarantees equality before the law and equal
protection of the law without any discrimination. In its jurisprudence, the
Committee has consistently expressed the view that this article does not make
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