(paragraphs 3.1 and 5.2). Since article 26 of the
Covenant must be respected by all State party
authorities, legislative acts also have to meet its
requirements; accordingly, a law which is discriminatory
for any of the reasons set out in article 26 would violate
the Covenant.
The State party has not responded to the author’s
allegations. A claim of discrimination that raises an issue
of substance - not disputed at the admissibility stage by
the State party - requires consideration on the merits. We
therefore conclude that this communication should have
been declared admissible.
Communication No. 645/1995
Submitted by: Ms.Vaihere Bordes and Mr. John Temeharo [represented by counsel]
Alleged victims: The authors
State party: France
Declared inadmissible*: 22 July 1996 (fifty-seventh session)
Subject matter: Nuclear tests in the South Pacific as
a potential threat to life of inhabitants of
French Polynesia
carried out between 5 September 1995 and the
beginning of 1996. According to the State party,
these underground tests would be the last to be
carried out by France, as President Chirac has
announced France's intention to accede to the
Comprehensive Nuclear Test Ban Treaty, which is
scheduled to be adopted in Geneva in late 1996.
Procedural issues: Status of “victim” within
meaning of article of the Optional Protocol Reservation to article 5 (2) (a) of the Optional
Protocol
2.2 The authors recall the General Comments of
the Human Rights Committee on the right to life, in
particular General Comment 14 [23] on nuclear
weapons, and add that numerous studies show the
danger to life caused by nuclear tests, on account of
the direct effects of the radiation on the health of
individuals living in the test area, which manifests
itself in an increased number of cancer and
leukaemia cases, as well as genetical risks.
Indirectly, human life is said to be threatened
through the contamination of the food chain.
Substantive issues: Nuclear weapons and right to life
- Interference with privacy and family life
Articles of the Covenant: 6 and 17
Articles of the Optional Protocol and Rules of
Procedure: 1, 2 and 5, paragraph 2 (a), and
rules 85 and 86
1.
The authors of the communication are
Vaihere Bordes, Noël Narii Tauira and John
Temeharo, all French citizens residing in Papeete,
Tahiti, French Polynesia. All claim to be victims of
violations by France of articles 6 and 17 of the
International Covenant on Civil and Political Rights.
The authors are represented by counsel.
2.3 According to the authors, the French
authorities have failed to take sufficient measures to
protect their life and security. They claim that the
authorities have not been able to show that the
underground nuclear tests do not constitute a danger
to the health of the inhabitants of the South Pacific
and to the environment. They therefore request the
Committee to ask France, under rule 86 of the rules of
procedure, not to carry out any nuclear tests until an
independent international commission has found that
the tests are indeed without risks and do not violate
any of the rights protected under the Covenant.
During its 54th and 55th sessions, the Committee
decided not to grant interim protection under rule 86.
The facts as presented by the authors and claim
2.1 On 13 June 1995, French President Jacques
Chirac announced that France intended to conduct a
series of underground nuclear tests on the atolls of
Mururoa and Fangataufa in the South Pacific. The
authors challenge the decision of President Chirac,
which they claim is in clear violation of international
law. They contend that the tests represent a threat to
their right to life and their right not to be subjected to
arbitrary interference with their privacy and their
family life. After the submission of the
communication, six underground nuclear tests were
2.4 With regard to the requirement of exhaustion
of domestic remedies, the authors contend that
because of the urgent nature of their cases, they
cannot be expected to await the outcome of judicial
procedures before the French tribunals. It is further
argued that domestic remedies are ineffective in
practice, and would fail to offer the authors any
protection or any remedy.
* Pursuant to rule 85 of the rules of procedure,
Committee member Christine Chanet did not participate in
the examination of the present communication.
15
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