Complaint
3.1 The authors sought, unsuccessfully, to be invited to attend the
constitutional conferences as representatives of the Mikmaq people. The
refusal of the State party to permit specific representation for the Mikmag at
the constitutional conferences is the basis of the complaint.
3.2 Initially, the authors claimed that the refusal to grant a seat at the
constitutional conferences to representatives of the Mikroaq tribal society
denied them the right of self-determination, in violation of article 1 of the
International Covenant on Civil and Political Rights, They subsequently
revised that claim and argued that the refusal also infringed their right to
take part in the conduct of public affairs, in violation of article 25 (a) of
the Covenant.
State party's observations and authors' comments
4.1 The State party argues that the restrictions on participation in the
constitutional conferences were not unreasonable and that the conferences were
not conducted in a way that was contrary to the right to participate in "the
conduct of public affairs". In particular, the State party argues that "the
right of citizens to participate in 'the conduct of public affairs' does not
... require direct input into the duties and responsibilities of a
Government properly elected. Rather, this right is fulfilled ... when 'freely
chosen representatives' conduct and make decisions on the affairs with which
they are entrusted by the Constitution." The State party submits that the
circumstances of the instant case "do not fall within the scope of activities
which individuals are entitled to undertake by virtue of article 25 of the
Covenant. This article could not possibly require that all citizens of a
country be invited to a constitutional conference."
4.2 The authors contend, inter alia, that the restrictions were unreasonable
and that their interests were not properly represented at the constitutional
conferences. First, they stress that they could not choose which of the
"national associations" would represent them and, furthermore, that they aid
not confer on the Assembly of First Hations (AFH) any right to represent
them. Secondly, when the Mikmaqs were not allowed direct representation, they
attempted, without success, to influence AFN. In particular, they refer to a
1987 hearing conducted jointly by AFN and several Canadian government
departments, at which Mikmag leaders submitted a package of constitutional
proposals and protested "in the strongest terms any discussion of Mikmaq
treaties at the constitutional conferences in the absence of direct Mikmaq
representation". AFN, however, did not submit any of the Mikmag position
papers to the constitutional conferences nor incorporated them in its own
positions.
Issues and proceedings before the Committee
5.1 The communication was declared admissible on 25 July 1990, in so far as
it may raise issues under article 25 (a) of the Covenant. The Committee had
earlier determined, in respect of another communication, that a claim of an
alleged violation of article 1 of the Covenant cannot be brought under the
Optional Protocol, a/
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