Friends of the Lubicon
PO Box 444 Stn D,
Etobicoke ON M9A 4X4
Tel: (416) 763-7500
Email: fol (at) tao (dot) ca
www.lubicon.ca
November 2, 2005
The United Nations Human Rights Committee (UNHRC) released its Concluding Observations regarding Canada’s human rights record on November 1.
The UNHRC reaffirmed its earlier conclusion that Canada is violating the Lubicon people's human rights and urged Canada to negotiate a settlement with the Lubicon Lake Indian Nation.
The section of the Committee’s conclusions on the Lubicon situation says:
"The Committee is concerned that land claim negotiations between the Government of Canada and the Lubicon Lake Band are currently at an impasse. It is also concerned about information that the land of the Band continues to be compromised by logging and full-scale oil and gas extraction, and regrets that the State party (Canada) has not provided information on this specific issue. (articles 1 and 27)
"The State party (Canada) should make every effort to resume negotiations with the Lubicon Lake Band, with a view to finding a solution which respects the rights of the Band under the Covenant, as already found by the Committee (in the 1990 Committee decision finding Canada in violation of the International Covenant on Civil and Political Rights over abuse of the human rights and aboriginal land rights of the Lubicon people.) It should consult with the Band before granting licences for economic exploitation of the disputed land, and ensure that in no case such exploitation jeopardizes the rights recognized under the Covenant."
Article 1 of the International Covenant on Civil and Political Rights is concerned about denial of basic subsistence due to destruction of the traditional economy and way of life. Article 27 of the Covenant is concerned about destruction of culture, language rights and way of life.
In the original Lubicon compliant the Lubicons charged Canada with denial of basic subsistence under Article 1 which amounts to genocide and is a more serious matter than destruction of culture, language rights and way of life under Article 27. In the 1990 decision the Committee found Canada in violation of Article 27. It is interesting and noteworthy that this new Committee decision specifically mentions Article 1 and is clearly talking about destruction of the traditional economy and way of life or denial of basis subsistence. That moves the 1990 decision along in the right direction and is a good thing.
This new decision also says that Canada "should consult with the Band before granting licences for economic exploitation of the disputed land and ensure that in no case such exploitation jeopardizes the rights recognized under the Covenant". This requirement was included in an earlier 1987 Committee procedural decision agreeing to hear the Lubicon compliant which instructed Canada to do no further damage to Lubicon lands until the Committee could make a decision on the Lubicon compliant but it did not get expressly included in the 1990 Committee decision. Again including this requirement in the new Committee decision moves the 1990 decision along in the right direction and is a good thing.
The Lubicons asked the Committee to publicly reaffirm that Canada is in continuing violation of the International Covenant on Civil and Political Rights over abuse of the human rights and aboriginal land rights of the Lubicon people, and to press Canada to come to the negotiating table with a mandate to negotiate all outstanding issues -- which Canada has been refusing to do.
The Committee decision reaffirms that Canada is in violation of the Covenant and presses Canada to return to the negotiating table to find a solution which respects the human and aboriginal land rights of the Lubicon people under the Covenant.
It’s a sorry state of affairs when Aboriginal people have to go to international bodies like the United Nations Human Rights Committee to seek justice in Canada. It will be an even sorrier state of affairs if the federal government is allowed to ignore its obligations under the International Covenant on Civil and Political Rights for another fifteen years -- even after the UNHRC once again reaffirmed its instructions to negotiate a full resolution of this dispute.
Only informed, persistent and growing pressure on the Canadian federal government from Lubicon supporters will see to it that doesn’t happen again.
Here is the full text of the UNHRC’s Concluding Observations.
fol-request at masses.tao.ca