the ground of language. The Committee observes
that the. defacing of roadsigns 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 in public service.
4.3
The State party rejects the author’s
allegation of a violation of his rights under article
19, paragraph 2, as an abuse of the right of
submission. Apart from having failed to properly
substantiate his allegation, the State party notes
that the author was not prevented, at any stage of
the proceedings against him, from freely
expressing his views. Defacing roadsigns cannot,
under any circumstances, be construed as a
manifestation of the freedom of expression,
within the meaning of article 19, paragraph 2.
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.3
4.4
Concerning the alleged violation of
article 25, the State party notes that a disciplinary
sanction of a six months’ suspension of the
author from his functions was never envisaged
against him. The State party further notes that
article 25(c)only protects the access to public
service; it cannot be interpreted as encompassing
a right of security of tenure in public office. In
this respect, therefore, the communication is
deemed inadmissible as incompatible with the
provisions of the Covenant, pursuant to article 3
of the Optional Protocol.
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
(communication No. 268/1987, M. G. B and S.P.
v Trinidad and Tobago declared inadmissible
on 3 November 1989, paragraph 6.2). 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.
4.5
As to the claim of a violation of
article 26, the State party notes that the author
has failed to substantiate, for purposes of
admissibility, how he was discriminated against
on the ground of his language. Furthermore, he
chose to express himself in French throughout
the proceedings.
4.6
Finally, the State party recalls that upon
ratification of the Covenant, the French
Government entered the following declaration in
respect of article 27: “In the light of article 2 of
the Constitution of the French Republic, the
French Government declares that article 27 is not
applicable so far as the Republic is concerned.”
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.
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.
APPENDIX
Individual opinion submitted by Mrs. Rosalyn
Higgins,
pursuant to rule 92, paragraph 3. of the
Committee’s rules of procedure,
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, and how he was discriminated against on
3
See Official Records of the General Assembly,
Forty-fifth Session, Supplement No. 40 (A/45/40),
vol. II, annex X, sect. A and appendices I and
II, communication
No.
220/1987,
decision
of 8 November 1989.
10
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