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.
alleged violation of article 1 of the Covenant
cannot be brought under the Optional Protocol.1
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:
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) of the
Covenant 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).
(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 service....”
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 Mikmaq 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 a 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.
6.
Notwithstanding the right of every
citizen to take part in the conduct of public
affairs without discrimination and without
unreasonable restrictions, the Committee
concludes that, in the specific circumstances of
the present case, the failure of the State party to
invite representatives of the Mikmaq tribal
society to the constitutional conferences on
aboriginal matters, which constituted conduct of
public affairs, did not infringe that right of the
authors or other members of the Mikmaq tribal
society. Moreover, in the view of the Committee,
the participation and representation at these
conferences have not been subjected to
unreasonable restrictions. Accordingly, the
Committee is of the view that the communication
does not disclose a violation of article 25 or any
other provisions of the Covenant.
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
1
See Official Records of the General Assembly,
Forth-fifth Session, Supplement No. 40, (A/45/40),
vol. II, annex IX, sect. A, communication
No. 167/1984 (Lubicon Lake Band v. Canada),
Views adopted on 26 March 1990, para. 32.1.
42
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