Issues and proceedings before the Committee
5.1 Before considering any claims contained in a communication, the Human
Rights Committee must, in accordance with rule 87 of its rules of procedure,
decide whether or not it is admissible under the Optional Protocol to the
Covenant.
5.2 The Committee has considered the material placed before it by the
parties. As to the claims under articles 19, paragraph 2, 25 (c) and 26 of
the Covenant, it considers that the author has failed to substantiate, for
purposes of admissibility, how he was denied his freedom of expression, how he
was denied his right to access, under general terms of equality, to public
service ana how he was discriminated against on the ground of language. The
Committee observes that the defacing of road signs does not raise issues under
article 19 and notes that the material before it shows that S.G. was able to
express himself freely throughout the proceedings, that he chose to express
himself in French, a language he did not claim not to understand, and that
such sanctions as were imposed on him by the postal administration of Rennes
were suspended and did not affect his employment i» public service.
5.3 As to the claim of a violation of article 27, the Committee reiterates
that France's "declaration" made in respect of this provision is tantamount to
a reservation and therefore precludes the Committee from considering
complaints against France alleging violations of article 27 of the
Covenant. c_/
5.4 The author has also invoked article 2 of the Covenant. The Committee
recalls that article 2 is a general undertaking by States parties and cannot
be invoked, in isolation, by individuals under the Optional Protocol, d/
Since the author's claims relating to articles 19, 25 and 26 of the Covenant
are inadmissible pursuant to article 2 of the Optional Protocol, it follows
that the author cannot invoke a violation of article 2 of the Covenant.
6.
The Human Rights Committee therefore decides;
(a) That the communication is inadmissible under article 2 of the
Optional Protocol;
(b) That this decision shall be communicated to the State party and the
author of the communication.
[Done in English, French, Russian and Spanish, the English text being the
original version.]
Hotes
£/
See Official Records of the General Assembly, Forty-sixth Session.
Supplement No. 40 (A/46/40), annex XI, sect. F, communication No. 327/1988,
views adopted on 11 April 1991.
b_/
See sect. G below.
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