numerous to initiate a constitutional amendment,
the authors claim that domestic remedies have
been exhausted.
to encroach on he “autonomous legislative and
executive regional power” of the Province,
provided for in the De Gasperi-Gruber Accord
of 5 September 1946 (the “Paris Agreement”)
and developed further in the Autonomy Statutes
of 1948 and 1972. They refer to 33 decisions of
the Italian Constitutional Court since 1983,
concerning actions brought by the South Tirol
Provincial Assembly which upheld the powers of
direction and control of the Italian Government
over matters previously held to be within the
competence of the Province. They allude to the
underlying grievance in only one of these suits,
namely that Law No. 183 of 18 Hay 1989 “about
safeguard of the soil” requires plans concerning
the “catchment area” of the Etsch Valley to be
approved by the Council of Ministers.
2.5
The matter of implementation of the
Paris Agreement was taken up by the United
Nations General Assembly in 1960 and 1961
(G. A. Resolution 1497 (XV) and G. A.
Resolution 1661 (XVI)) and the European
Commission of Human Rights (Opinion
of 31 March 1960, Application No. 788/60) as
well as in the above-mentioned negotiations
between Austria and Italy in 1969.
The complaint
3.1
Before considering any claims contained
in a communication, the Human Rights
Committee must, pursuant to rule 87 of its rules
of procedure, ascertain whether or not it is
admissible under the Optional Protocol to the
Covenant.
2.2
An advisory opinion of the Procedural
Aspects of International Lab Institute, appended
to the communication, refers to more specific
grievances presumably shared by the authors.
These include: Law No. 217 of 17 May 1983
which establishes State control over tourism and
hotel classifications; laws of 1982 and 1987
concerning housing subsidies, Law No. 529
of 7 August 1982 allowing hydroelectric
concessions to remain in private hands after the
expiration of their grants, thus by-passing
provincial control (most of the electricity is
consumed in other regions of Italy); failure of
the State to transfer property to the province, as
provided by article 68 of the 1972 Autonomy
Statute; denial of unilingual trials in the
defendant’s mother tongue; and lack of
ethnolinguistic
proportionality
in
public
employment. All of the above have been upheld
by the Constitutional Court, with the exception
of the property question, which was pending
before the Court of Cassation as of November
1988.
3.2
With regard to the issue of the authors’
standing under the Optional Protocol, the
Committee recalls its constant jurisprudence that
pursuant to article 1 of the Optional Protocol it
can receive and consider communications only if
they emanate from individuals who claim that
their individual rights have been violated by a
State party to the Optional Protocol. While all
peoples have the right of self-determination and
the right freely to determine their political status,
pursue their economic, social and cultural
development, and may, for their own ends, freely
dispose of their natural wealth and resources, the
Committee has already decided that no claim for
self-determination may be brought under the
Optional Protocol.1 Thus, the Committee is not
required to decide whether the ethno-German
population living in South Tirol constitute
“peoples” within the meaning of article 1 of the
International Covenant on Civil and Political
Rights.
2.3
According to the authors, the Italian
Government concedes the validity of the Paris
Agreement in international law but considers the
Autonomy Statute of 1948 to constitute
fulfilment of its obligations thereunder. The
Government considers the Autonomy Statute of
1972 to be a purely unilateral political act, while
the authors claim that it is a result of the
“package” agreement of 1969 between Austria
and Italy arising out of disputes concerning the
Paris Agreement.
4.
The Human Rights Committee therefore
decides:
(a)
1
That the communication is inadmissible;
See Committee’s Views in communication No.
167/1984 (B. Ominayak and the Lubicon Lake Bank v.
Canada), decision of 26 March 1990, para. 32.1;
communication No. 318/1988 (E. P. et al. v.
Colombia), inadmissibility decision of 25 July 1990,
para. 8.2.
2.4
As there is no appeal from decisions of
the Italian Constitutional Court, and as the
population of South-Tirol is not sufficiently
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