CCPR/C/137/D/3585/2019 United Nations International Covenant on Civil and Political Rights Distr.: General 13 March 2024 Original: English Human Rights Committee Views adopted by the Committee under article 5 (4) of the Optional Protocol, concerning communication No. 3585/2019*, **, *** Communication submitted by: Ailsa Roy (represented by counsel, Scott Calnan) Alleged victims: The author and the other members of the Wunna Nyiyaparli Indigenous People State party: Australia Date of communication: 2 April 2019 (initial submission) Document references: Decision taken pursuant to rule 92 of the Committee’s rules of procedure, transmitted to the State party on 9 April 2019 (not issued in document form) Date of adoption of Views: 15 March 2023 Subject matter: Effective participation of Indigenous Peoples in the mechanism for the determination of their rights to traditional territory Procedural issue: Substantiation of claims Substantive issues: Determination of Indigenous Peoples’ right to traditional territory; discrimination; fair trial Articles of the Covenant: 1, 2 (3), 14 (1), 26, 27 Article of the Optional Protocol: 3 1.1 The author of the communication is Ailsa Roy, an elder member of the Wunna Nyiyaparli, an Indigenous People from Australia comprising approximately 200 persons, with custodial responsibilities in relation to the traditional lands, territories and resources of the Wunna Nyiyaparli.1 She claims that the State party has violated the rights of the Wunna Nyiyaparli under articles 2 (3), 14 (1), 26 and 27 of the Covenant, read in the light of article 1. * Adopted by the Committee at its 137th session (27 February–24 March 2023). ** The following members of the Committee participated in the examination of the communication: Tania María Abdo Rocholl, Farid Ahmadov, Wafaa Ashraf Moharram Bassim, Rodrigo A. Carazo, Yvonne Donders, Mahjoub El Haiba, Carlos Gómez Martínez, Laurence R. Helfer, Marcia V.J. Kran, Bacre Waly Ndiaye, Hernán Quezada Cabrera, José Manuel Santos Pais, Soh Changrok, Tijana Šurlan, Kobauyah Tchamdja Kpatcha, Teraya Koji, Hélène Tigroudja and Imeru Tamerat Yigezu. *** An individual opinion by Committee member Carlos Gómez Martínez (dissenting) is annexed to the present Views. 1 Through a power of attorney, the members of the community designated Ms. Roy as their representative before the Committee. GE.23-13390 (E) 180324 180324