Decision on admissibility
1. The author of the communication (initial letter dated 12 January 1987 and a further letter dated
30 June 1987) is T. K., a French citizen of Breton ethnic origin, writing on his own behalf and in his
capacity as president of the Unvaniezh Ar Galennerien Brezhoneg (UAGB, Union des Enseignants
de Breton). He was born in 1937 in Brittany and is employed as a professor of philosophy and of
the Breton language. He alleges violations by France of articles 2, 16, 19, 26 and 27 of the Covenant.
2.1 The author states that the Tribunal Administratif de Rennes has refused to consider a case which
he submitted on behalf of the UAGB in the Breton language on 7 November 1984. In this case, the
author sought the recognition of the license for the association that he is heading. In reply to an
inquiry written in French and Breton, the Tribunal answered that the case had not been registered
because it was not written in French. A subsequent letter of complaint to the French Minister of
Justice has allegedly remained unanswered. In support of his case, the author encloses copies of two
decisions, one from the Tribunal Administratif de Rennes dated 21 November 1984, the other from
the Conseil d'Etat dated 22 November 1985, both stating that a complaint drafted in the Breton
language should not be registered. Such decisions, according to the author, constitute discrimination
on the ground of language, in contravention of article 2, paragraph 1, of the Covenant. The author
further claims that the State party has violated article 2, paragraph 2, with regard to legislative or
other measures necessary to give effect to the rights recognized in the Covenant, article 2, paragraph
3, with regard to effective remedies, article 16 with regard to the right to recognition everywhere as
a person before the law, article 19, paragraph 2, with regard to freedom of expression, article 26 with
regard to equality before the law without discrimination on any ground, and article 27 with regard
to the right to use one's own language.
2.2 Concerning the question of the exhaustion of domestic remedies, the author states that the
complaint before the Tribunal Administratif de Rennes was not even registered and that the Minister
of Justice has not responded to his written complaint. The author further states that he has not
submitted the same matter to another procedure of international investigation or settlement.
3. Without transmitting the communication to the State party, the Human Rights Committee
requested the author, by decision of 9 April 1987 under rule 91 of the rules of procedure, to clarify
(a)whether he claimed, as an individual, to be personally affected by the alleged violations of the
Covenant by the State party, or whether he claimed, in his capacity as President of an organization,
that the organization was the victim of the alleged violations; and (b)whether he understood, read
and wrote French. By letter dated 30 June 1987, the author replied that he had initially intended to
submit the communication on behalf of the organization, although he maintained that he was also
directly affected by the events described in his initial communication. He further stated that he
understands, reads and writes French.
4. By further decision of 20 October 1988, the Working Group of the Human Rights Committee
transmitted the communication to the State party, requesting it, under rule 91 of the rules of
procedure, to provide information and observations relevant to the question of admissibility. The
author was requested, under rule 91, (a) to specify in which way he claimed to have been denied the
right to recognition as a person before the law, (b) to which extent and in which context he claimed
that his freedom of expression had been curtailed and (c) to substantiate his allegation that French
citizens of French mother tongue and those of Breton mother tongue are not equal before the law.
5. In his reply, dated 13 January 1989, to the Working Group's questions, the author claims that
French citizens of French mother tongue and those of Breton mother tongue are not equal before the
law because the former can express themselves in their mother tongue before the tribunals while the
latter cannot. While there exists a "SecrÈtariat ‡ la francophonie", a similar institution has not been
created in defence of regional languages other than French. Because the government refuses to
recognize the Breton language, those who use it daily are forced to abandon its use or to forgo their
right to freely express themselves. The author adds that the violation Of his freedom of expression
is manifest in that the Administrative Tribunal refused to register a complaint submitted in Breton
on the ground that its Content was unintelligible, thereby refusing to recognize the validity of a
complaint submitted in a local language and denying the citizens the use of their own language in
court. Finally, the author affirms that he is barred,as a French citizen of Breton mother tongue, from
access to courts, as the judicial authorities do not authorize him to submit complaints in his mother
tongue.
6.1 In its submission under rule 91, dated 15 January 1989, the State party argues that the
communication is inadmissible on the ground of non-exhaustion of domestic remedies and that some
of the author's claims are incompatible with the provisions of the Covenant. The State party recalls
that the author did not contest, within the delays prescribed by law, the decision of the
Administrative Tribunal not to register his complaint. His written complaint to the Minister of
Justice that he had suffered a denial of justice cannot, in the State party's opinion, be considered to
be a judicial remedy. Nor has he appealed to any other judicial instance. His communication thus
fails to meet the requirements of article 5, paragraph 2 (b), of the Optional Protocol.
6.2 As to the alleged violation of article 2 of the Covenant, the State party argues that this article
can never be violated directly and in isolation. A violation of article 2 can only be admitted to the
extent that other rights recognized by the Covenant have been violated (paragraph 1)or if necessary
steps to give effect to Covenant rights have not been taken (paragraph 2). A violation of article 2 can
only be the corollary of another violation of a Covenant right. The State party contends that the
author did not base his argumentation on any precise facts, and that he cannot demonstrate that he
has been a victim of discrimination in his relations with the judicial authorities. It was up to him to
use the remedies which were available to him.
6.3 With respect to the alleged violation of article 16, the State party notes that the author has not
put forth any specific complaint and dismisses his interpretation of this provision as abusive. Thus,
the standing of the author in the administrative procedure has never been at issue; what was refused
was the possibility to submit his case in Breton, as "in the absence of legislative provision to the
contrary, the language of procedure in French courts is the French language" (judgment of the
Rennes Administrative Tribunal, 21 November 1984, QuillÈvÈrÈ case).
6.4 Concerning the alleged violation of article 19, paragraph 2, the State party submits that the
author has not substantiated how his freedom of expression has been violated. On the contrary, his
letter to the Minister of Justice demonstrates that he had ample opportunity to present his position.
Furthermore, "freedom of expression" within the meaning of article 19 cannot be construed to
encompass the right of French citizens to use Breton before French administrative tribunals.
6.5 As to article 26, the State party rejects the author's contention that the refusal by the
Administrative Tribunal of Rennes of a complaint submitted in Breton constitutes discrimination
on grounds of language. On the contrary, the authorities based themselves on generally applicable
rules, which are intended to facilitate the administration of justice by enabling the tribunals to rule
on the original submission (without having to resort to translation).
6.6 Finally, the State party recalls that upon ratification of the Covenant, the French Government
entered a reservation with respect to 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".
7.1 In his comments, dated 23 May 1989, the author rejects the State party's contention that the
communication is inadmissible because of non-exhaustion of domestic remedies. Thus, he submits
that his letter to the Minister of Justice was meant to be an appeal against the decision of the
Administrative Tribunal not to register his complaint. Moreover, the State party has failed to
indicate to the Committee exactly what kind of remedies would be open to him. To the author, this
failure is easily explained, as the State party itself must be well aware that remedies are non-existent,
once the court of first instance has refused to register a complaint submitted in Breton. Every
subsequent complaint submitted in Breton is bound to suffer the same fate, regardless of which
judicial instance is the addressee.
7.2 The author reaffirms that violations of his rights under articles 16, 19, 26 and 27 entail ipso
facto a violation of article 2, paragraphs 1 and 2. He adds that several legislative proposals have
deliberately been ignored by successive French governments, although .they would have brought
France at least partially into compliance with article 2. With respect to article 16, the author qualifies
the State party's interpretation as restrictive if not discriminatory. He expresses surprise at its
argument that his standing before the court was never at issue despite the fact that his complaint was
not even registered, and contends that the refusal of his compl