In fact, several such conferences were convened by the Prime Minister of Canada in the following years, to which he invited representatives of four national associations to represent the interest of approximately 600 aboriginal groups. These national associations were: the Assembly of First Nations (invited to represent primarily non-status Indians), the Métis National Council (invited to represent the Métis) and the Inuit Committee on National Issues (invited to represent the Inuit). As a general rule, constitutional conferences in Canada are attended only by elected leaders of the federal and provincial governments. The conferences on aboriginal matters constituted an exception to that rule. They focused on the matter of aboriginal self-government and whether and in what form, a general aboriginal right to self-government should be entrenched in the Constitution of Canada. The conferences were inconclusive. No consensus was reached on any proposal and no constitutional amendments have as a result been placed before the federal and provincial legislatures for debate and vote. The State party’s observations and authors’ comments 2.3 While the State party indicated (on 20 February 1991) that no further constitutional conferences on aboriginal matters were scheduled, the authors point out (in comments dated 1 June 1991) that the State party’s Minister of Constitutional Affairs announced, during the last week of May 1991, that a fresh round of constitutional deliberations, to which a “panel” of up to 10 aboriginal leaders would be invited, would take place later that year (1991). 4.2 The authors contend, inter alia, that the restrictions were unreasonable and that their interests were not properly represented at the constitutional conferences. First, they stress that they could not choose which of the “national associations” would represent them, and, furthermore, that they did not confer on the Assembly of First Nations (AFN) any right to represent them. Secondly, when the Mikmaqs were not allowed direct representation, they attempted, without success, to influence the AFN. In particular, they refer to a 1987 hearing conducted jointly by the AFN and several Canadian Government departments, at which Mikmaq leaders submitted a package of constitutional proposals and protested “in the strongest terms any discussion of Mikmaq treaties at the constitutional conferences in the absence of direct Mikmaq representation”. The AFN, however, did not submit any of the Mikmaq position papers to the constitutional conferences nor incorporated them in its own positions. 4.1 The State party argues that the restrictions on participation in the constitutional conferences were not unreasonable, and that the conferences were not conducted in a way that was contrary to the right to participate in “the conduct of public affairs”. In particular, the State party argues that “the right of citizens to participate in ‘the conduct of public affairs’ does not ... require direct input into the duties and responsibilities of a government properly elected. Rather, this right is fulfilled ... when ‘freely chosen representatives’ conduct and make decisions on the affairs with which they are entrusted by the constitution.” The State party submits that the circumstances of the instant case “do not fall within the scope of activities which individuals are entitled to undertake by virtue of article 25 of the Covenant. This article could not possibly required that all citizens of a country be invited to a constitutional conference.” The complaint 3.1 The authors sought, unsuccessfully, to be invited to attend the constitutional conferences as representatives of the Mikmaq people. The refusal of the State party to permit specific representation for the Mikmaqs at the constitutional conferences is the basis of the complaint. 3.2 Initially, the authors claimed that the refusal to grant a seat at the constitutional conferences to representatives of the Mikmaq tribal society denied them the right of selfdetermination, in violation of article 1 of the International Covenant on Civil and Political Rights. They subsequently revised that claim and argued that the refusal also infringed their right to take part in the conduct of public affairs, in violation of article 25(a) of the Covenant. Issues and proceedings before the Committee 5.1 The communication was declared admissible on 25 July 1990, in so far as it may raise issues under article 25(a) of the Covenant. The Committee had earlier determined, in respect of another communication, that a claim of an 41

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents