5.2
Article 25 of the Covenant stipulates that:
"Every citizen shall have the right and the opportunity, without any of
the distinctions mentioned in article 2 and without unreasonable
restrictions:
"(a) To take part in the conduct of public affairs, directly or
through freely chosen representatives;
"(b)
To vote and to be elected in genuine periodic elections ...;
"(c) To have access, on general terms of equality, to public
Lee ,..".
At issue in the present case is whether the constitutional conferences
constituted a "conduct of public affairs" and if so, whether the authors, or
any other representatives chosen for that purpose by the Mikmag tribal
society/ had the right, by virtue of article 25 (a), to attend the
conferences•
5.3 The State party has informed the Committee that, as a general rule,
constitutional conferences in Canada are attended only by the elected leaders
of the federal and 10 provincial governments. In the light of the
composition, nature and scope of activities of constitutional conferences in
Canada, as explained by the State party, the Committee cannot but conclude
that they do indeed constitute conduct of public affairs. The fact that an
exception was made, by inviting representatives of aboriginal peoples in
addition to elected representatives to take part in the deliberations of the
constitutional conferences on aboriginal matters, cannot change this
conclusion.
5.4 It remains to be determined what is the scope of the right of every
citizen, without unreasonable restrictions, to take part in the conduct of
public affairs, directly or through freely chosen representatives. Surely, it
cannot be the meaning of article 25 <a) of the Covenant that every citizen may
determine either to take part directly in the conduct of public affairs or to
leave it to freely chosen representatives. It is for the legal and
constitutional system of the State party to provide for the modalities of such
participation,
5.5 It must be beyond dispute that the conduct of public affairs in a
democratic State is the task of representatives of the people, elected for
that purpose, and public officials appointed in accordance with the law.
Invariably, the conduct of public affairs affects the interest of large
segments of the population or even the population as a whole, while in other
instances it affects more directly the interest of more specific groups of
society. Although prior consultations, such as public hearings or
consultations with the most interested groups may often be envisaged by law or
have evolved as public policy in the conduct of public affairs, article 25 (a)
cannot be understood as meaning that any directly affected group, large or
small, has the unconditional right to choose the modalities of participation
in the conduct of public affairs. That, in fact, would be an extrapolation of
the right to direct participation by the citizens, far beyond the scope of
article 25 (a).
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