[IPSM] New UN decision reaffirms that Canada is violat

[D. Butler-Burke]

-------- Original Message --------
Subject: 	[FOL] : New UN decision reaffirms that Canada is violating Lubicon 
human rights
Date: 	Wed, 02 Nov 2005 23:53:09 -0500
From: 	fol at masses.tao.ca
Reply-To: 	fol at masses.tao.ca
To: 	fol at masses.tao.ca



Friends of the Lubicon
P.O. Box 444, Stn. D,
Etobicoke, ON
Canada, M9A 4X4
Tel: 416-763-7500
Email: fol at tao.ca
Web: www.tao.ca/~fol

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.

The full text of the UNHRC’s Concluding Observations is available at:

http://www.tao.ca/~fol/pa/negp/po04map/po051102b.htm

* * * * * * *

If you ever want to stop receiving these e-mail updates on the Lubicon
situation, please send an e-mail with the word "unsubscribe" in the
subject line to fol-request at masses.tao.ca





_______________________________________________
Nsnproducers mailing list
Nsnproducers at ckut.ca
http://lists.ckut.ca/mailman/listinfo/nsnproducers