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that this does not constitute a procedure of international investigation or settlement within the
meaning of article 5, paragraph 2 (a), of the Optional Protocol,1 since the 1503 procedure is very
different in nature from the one provided for under the Optional Protocol and does not allow for
an examination of the individual case resulting in a decision on the merits.
6.3 The Committee takes note of the author’s complaint that the diversion of water caused the
drying out and degradation of her community’s land, some of which belonged to her, and the
death of livestock, which violated her right not to be deprived of her livelihood under article 1,
paragraph 2, and her right to privacy and family life under article 17 of the Covenant. The
Committee recalls its jurisprudence whereby the Optional Protocol provides a procedure under
which individuals can claim that their individual rights have been violated, but that these rights
do not include those set out in article 1 of the Covenant.2 Concerning the author’s reference to
article 17, the Committee considers that the facts as presented by the author raise issues that are
related to article 27.3 In this regard it points out that the State party’s observations are general in
nature and do not refer to the violation of a specific article of the Covenant.
6.4 As for the author’s complaint that she was deprived of her right to an effective remedy, the
Committee notes that this has been sufficiently substantiated for the purposes of admissibility
insofar as it raises issues under article 2, paragraph 3 (a) taken together with article 27, of the
Covenant. In contrast, the allegation of a violation of article 14, paragraph 1, in that the
authorities did not take into account the complaints because they were made by members of an
indigenous community, has not been sufficiently substantiated for the purposes of admissibility,
and must be declared inadmissible under article 2 of the Optional Protocol.
6.5 Therefore, the Committee declares the communication admissible in respect of the
complaints under article 27, taken alone and read in conjunction with article 2, paragraph 3 (a),
of the Covenant.
Consideration of the merits
7.1 The Committee has considered this communication in the light of all the information made
available to it by the parties, as required by article 5, paragraph 1, of the Optional Protocol. The
issue it must clarify is whether the water diversion operations which caused degradation of the
author’s land violated her rights under article 27 of the Covenant.
1
See the decisions adopted by the Committee on communications Nos. 1/1976,
A. et al. v. Uruguay, adopted on 26 January 1978, and 910/2000, Randolph v. Togo, adopted
on 27 October 2003, para. 8.4.
2
See, among others, the Committee’s Views in communications Nos. 167/1984,
Lubicon Lake Band v. Canada, 26 March 1990, para. 32.1; 547/1993, Mahuika et al. v.
New Zealand, 27 October 2000, para. 9.2; and 932/2000, Gillot v. France, adopted
on 15 July 2002, para. 13.4.
3
See communication No. 167/1984, op. cit., para. 32.2.