alleged violations that derived from acts or events occurring prior to 17 May 1984, the date on which the Optional
Protocol entered into force with respect to France. The Committee observed, in this connection, that in a number of
earlier cases (Nos. 6/1977, 24/1977), it had declared that it could not consider an alleged violation of human rights
said to have taken place prior to the entry into force of the Covenant for a State party, unless it is a violation that
continues after that date or has effects which themselves constitute a violation of the Covenant after that date. The
interpretative declaration of France further purported to limit the Committee's competence ratione temporis to
violations of a right set forth in the Covenant, which result from "acts, omissions, developments or events occurring
after the date on which the Protocol entered into force" with. respect to France. The Committee took the view that it
had no competence to examine the question of whether the authors were victims of discrimination at any time prior
to 17 May 1984: however, it remained to be determined whether there had been violations of the Covenant
subsequent to the said date, as a consequence of acts or omissions related to the continued application of laws and
decisions concerning the rights of the applicants.
6. On 5 November 1987, the Human Rights Committee therefore decided that the communication was
admissible.
7.1 In its submission under article 4, paragraph 2, of the Optional Protocol, dated 4 June 1988, the State party
recalls its submission under rule 91;1 it adds that Senegalese nationals who acquired French nationality and kept it
following Senegal's independence are entitled to the same pension scheme as all other French
__________
1
Submission dated 5 November 1986, paragraph 3.1 above.
former members of the armed forces. Articles 97, paragraph 2, to 97, paragraph 6, of the Nationality Code offer
any foreigner who, at one point in time, possessed French nationality the possibility of recovering it. The State party
argues that this possibility is not merely theoretical, since, in the past, approximately 2,000 individuals have
recovered French nationality each year.
7.2 The State party further explains that a Senegalese former member of the armed forces who lost his French
nationality following Senegal's independence and then recovered his French nationality would ipso facto recover the
rights to which French nationals are entitled under the Pension Code, article L 58 of which provides that "the right to
obtain and enjoy the pension and life disability annuity is suspended: (... ) by circumstances which cause a person to
lose the status of French national for as long as that loss of nationality shall last". This implies that once nationality is
recovered, the right to a pension is re-established. The State party concludes that nationality remains the sole
criterion on which the difference in treatment referred to by the authors is based.
8.1 In their comments on the State party's submission, the authors, in a letter dated 21 July 1988, submit that the
State party has exceeded the deadline for presenting its submission under article 4, paragraph 2, of the Optional
Protocol by 12 days, and that for this reason it should be ruled inadmissible.2 In this connection, they suspect that
"(b) by stalling and making full use, even beyond the deadlines set under the Committee's rules of procedure, of
procedural tactics so as to delay a final decision, the State party hopes that the authors will die off one by one and
that the amounts it will have to pay will drop considerably". Alternatively, the authors argue that the Committee
should not further examine the State party's observations as they repeat arguments discussed at length in earlier
submissions and thus should be considered to be of a dilatory nature.
8.2 With respect to the merits of their case, the authors maintain that the State party's argument concerning the
question of nationality is a fallacious one. They submit that the State party is only using the nationality argument as a
pretext, so as to deprive the Senegalese of their acquired rights. They further refer to article 71 of the 1951 Code of
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