in France and is generally subject to French
jurisdiction, he does not come within French
jurisdiction in respect of his claims to retirement
benefits from the Algerian SNCFA. Moreover,
the Committee finds that the facts of this
communication are materially different from
those of communication No. 196/1985, in which
the retired Senegalese Soldiers received
payments from the French State pursuant to the
French Code of Military Pensions, whereas in the
instant case E. M. E. H. never received payments
from France but rather from the Algerian
SNCFA, which also discontinued them.
Accordingly, the Committee cannot entertain
E. M. E. H.’s communication against France
under article 1 of the Optional Protocol.
of France. It appears from the context of his
submission that he did not submit his case to any
French tribunal. He does not mention what steps,
if any, he took before Algerian administrative or
judicial instances.
The complaint
3.1
Before considering any claims contained
in a communication, the Human Rights
Committee shall, in accordance with rule 87 of
its rules of procedure, decide whether or not it is
admissible under the Optional Protocol to the
Covenant.
3.2
With respect to article 1 of the Optional
Protocol, the Committee reaffirms that it may
only receive and consider communications from
individuals subject to the jurisdiction of a State
party to the Covenant and Optional Protocol
“who claim to be victims of a violation by that
State party of any of their rights set forth in the
Covenant” (emphasis added). In this connection
the Committee notes that although the author has
addressed his complaint against France, his
grievances actually relate to the laws and
regulations in so far as they govern the retirement
practices of the Algerian SNCFA. Although the
author has, since his retirement, set up residence
4. The Human Rights Committee therefore
decides:
(a)
That the communication is inadmissible;
(b)
That this decision hall be communicated
to the author and, for information, to the State
party.
_______________
Communication No. 413/1990
Submitted by: A. B. et al. (names deleted)
Date of communication: 30 April 1990
Alleged victims: The author and 14 other persons
State party: Italy
Declared inadmissible: 2 November 1990 (fortieth session)
committee of the Union. All are Italian citizens.
The author and two other signatories are
delegates to the Provincial Council of the
autonomous Province of Bozen-South-Tirol
(Bolzano, Alto Adige). The authors claim that
the rights of the people of South Tirol under
article 1 of the International Covenant on Civil
and Political Rights have been violated by Italy.
Subject matter: Claim to self-determination as a
collective right
Procedural issues: Notion of victim—Standing of
the authors—Inadmissibility ratione materiae
Substantive issue: Right of self-determination
Article of the Covenant:1(1)
The facts as submitted by the authors
Article of the Optional Protocol: 1
2.1
The authors allege that the right of selfdetermination of the people of South Tirol has
been violated by numerous acts and decrees
adopted by the Italian Parliament, which are said
1.
The authors of the communication
are A. B., President of the Union für Südtirol,
and 14 other members of the executive
30
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