(a) How many Indian women marry non-Indian men
on an average each year? Statistical data for the last
twenty years should be provided.
Ф) What is the legal basis of a prohibition to live on a
reserve? Is it a direct result of the loss of Indian status or
does it derive from a discretionary decision of the Coun
cil of the community concerned?
(c) What reasons are adduced to justify the denial of
the right of abode on a reserve?
(d) What legislative proposals are under considera
tion for ensuring full equality between the sexes with
regard to Indian status? How would they affect the
position of Mrs. Lovelace? How soon can it be expected
that legislation will be introduced?
(e) What was Mrs. Lovelace's place of abode prior to
her marriage? Was she at that time living with other
members of her family? Was she denied the right to
reside on a reserve in consequence of her marriage?
ELEVENTH SESSION
Communication No. 29/1978
Submitted by: E. B. on 7 April 1978
Alleged victim: В (author's brother)
State party: S
Date of decision: 29 October 1980 (eleventh session)
Request to author for specific information
Committee to formulate views
3. That any submissions from the author of the
communication or from the alleged victim pursuant to
operative paragraphs 1 and 2 above should reach the
Human Rights Committee, in care of the Division of
Human Rights, United Nations Office at Geneva,
within two months of the transmittal of this decision to
the author of the communication;
to enable
Interim decision
The Human Rights Committee,
Noting the information submitted by the State party
on 4 July 1980 explaining that В was released from
detention on 5 January 1980 and expelled from S on 24
February 1980 bound for Spain,
4. That any information or observations received
from the author of the communication or from the
alleged victim pursuant to this decision be transmitted
to the State party;
Recalling that the communication was initially sub
mitted to the Committee at a time when the alleged vic
tim was detained in S,
5. That, subject to the receipt of confirmation from
the author of the communication or from the alleged
victim to the effect that they wish the Committee to pur
sue the matter, the State party be requested to fulfil its
obligation under article 4 (2) of the Optional Protocol,
by supplementing its prior submission of 4 July 1980 in
the manner set out in operative paragraph 4 of the Com
mittee's decision on 14 August 1979;
Decides:
1. That the author of the communication be re
quested to confirm that his brother, B, was expelled
from S, that he is living outside that country and that he
wishes the Committee to pursue the matter;
6. That any submission from the State party pur
suant to operative paragraph 5 of the present decision
should reach the Human Rights Committee within two
months of the date of transmittal to it of information or
observations pursuant to paragraph 4 of the present
decision;
2. That subject to the confirmation sought in
operative paragraph 1, the alleged victim be requested
to acquaint himself with the contents of the submissions
previously made on his behalf and the submissions
made by the State party, with a view to:
(a) correcting any inaccuracies which he may find in
the submissions made on his behalf,
Ф) commenting as he deems relevant on the submis
sions of the State party, and
(c) adding any further information which he may
wish to place before the Human Rights Committee for
consideration in his case;
7. That pursuant to rule 93 (3) of the Committee's
rules of procedure, the author of the communication
and/or the alleged victim be allowed six weeks to com
ment on any submission from the State party;
8. That this decision be communicated to the State
party and to the author of the communication.
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