Unable to achieve any kind of effective redress within Canadian legal and political institutions, the Lubicon people, in 1984, took their case to the United Nations Human Rights Committee. In 1987, after three years of considering the evidence, the U.N. Committee agreed that the Lubicons couldn't achieve effective legal or political redress within Canada, and therefore instructed Canada to do no further irreparable damage to the Lubicons' traditional lands and way of life pending a hearing of charges that Canada had violated Lubicon rights under the International Covenant on Civil and Political Rights. Canada failed to follow the committee's instructions by actively encouraging development on a large scale (See Lubicon Histories Parts One to Eight). In May 1990, after six years of studying submissions from both sides, the United Nations Human Rights Committee presented a 33 page report stating that the Government of Canada has violated Article 27 of the International Covenant on Civil and Political Rights. The Federal Government, through it's hired propagandist Ken Colby, typically responded to the decision with a disinformation campaign, claiming, incredibly, that being found in violation of the International Covenant on Civil and Political Rights, is a victory for the Canadian Government. ************************************************************************ Transcript of Canadian Press Story Thursday, May 03, 1990 by Walter Krevenchuk EDMONTON (CP) -- A United Nations Human Rights Committee has stepped into a 50-year-old Indian land-claim dispute in northern Alberta with a report both sides claim supports their cause. Fred Lennarson, a spokesman for the Lubicon Lake Cree band, said the report confirms the band's rights have been violated. He called it an international black mark against Ottawa. "It is a conclusion Canada has not respected the civil and political rights of the Lubicon Indians," Lennarson said. The decision isn't legally binding, he added. Ken Colby, a federal negotiator based in Calgary, said Thursday the government does not question there has been a violation of Lubicon rights as a minority group and the band is entitled to a settlement. But he said the committee found Ottawa's offer of compensation appropriate. "It is not a slap in the face," Colby said. "It is support for Canada's offer". The Geneva-based committee, in a chapter titled Violations and the remedy offered, said: "Historical inequities...and certain more recent developments threaten the way of life and culture of the Lubicon and constitute a violation of Article 27 (of the International Covenant on Civil and Political Rights) so long as they continue. "The state proposes to rectify the situation by a remedy the committee deems appropriate..." Indian Affairs Minster Tom Siddon said in a statement the report confirms what Ottawa has acknowledged: "We have an obligation to the Lubicon which must be settled. "The government is pleased to note the United Nations considers our efforts at negotiations to be an appropriate remedy to meet that obligation". The Lubicon approached the UN Committee in 1984, claiming they were being denied the right of self-determination. A committee official in Geneva said the report "is telling both sides to continue negotiating in good faith." The band has been fighting to get land set aside for a reserve promised 50 years ago and compensation for energy and forestry development in the Little Buffalo area, 500 kilometres northwest of Edmonton. Led by soft-spoken Chief Bernard Ominayak the band's efforts have made international headlines. The Lubicons encouraged an international boycott of a cultural exhibition on natives during the 1988 Winter Olympics in Calgary. Later that year the band set up a blockade on roads into land it claims until the RCMP tore it down five days later. Late last year oil companies to shut down oil wells on the disputed land when the Band threatened to dismantle them unless talks resumed. The wells remain closed. Ottawa has offered $45 million, which includes money for buildings, roads and services and $10 million for economic development. But the band says that money is available through existing government programs even without a settlement. The Lubicons say they're entitled to $170 million from lost oil and gas revenues and federal funding. The Band and Ottawa last met in January 1989. Colby said Thursday the offer will not be increased. He and Siddon said if the band feels it deserves more money, it will have to prove its case in court. Ominayak could not be reached for comment. In Ottawa, NDP MP Ross Harvey told the Commons Canada stands dishonoured before the world. The member for Edmonton East said the Lubicons have received "nothing but delay, denial, deceit and destruction" for more than 50 years. "The government must resume negotiations in good faith and without preconditions. Only a fair and just settlement will end this sordid chapter in our history." ************************************************************************ Transcript of CFRN TV Eyewitness News Broadcast (6:00 P.M.) Thursday, May 4, 1990 Daryl McIntyre, Eyewitness News A United Nations Committee on Human Rights condemns the Canadian Government for violating the rights of Alberta's Lubicon Indians. They're involved in a bitter land claim dispute with Ottawa. Still the Committee says the Government is negotiating properly with the Indian Band. Fred Kazakoff, Eyewitness News The report by the U.N. Human Rights Committee is 33 pages long, but its recommendation takes up one small paragraph. It states: Historical inequities and certain more recent developments threaten the way of life and culture of the Lubicon Lake Band and constitute a violation of the Band's minority rights. The Committee further states the Federal Government proposes to rectify the situation by a remedy the Committee deems appropriate. Linda Reif, University of Alberta Law Professor It certainly states that the status quo is acceptable in the sense of negotiating attempts. However, I think it is of some strategic value to the Lubicon Band because it states this Federal Government has violated Article 27 of the International Covenant. So it has made a technical violation of the Treaty. So I think there is some publicity value in this matter. Kazakoff The Lubicons say the Committee's conclusion that Ottawa hasn't respected the Band's civil and political rights is an international black mark against the Government. Chief Bernard Ominayak, Lubicon Lake Indian Nation It clearly confirms what other people have stated in that our human rights have been violated and that's the decision's around. Fred Lennarson, Lubicon Advisor I would hope that it would encourage Canada to engage in serious negotiations and stop the kind of political game playing that they've been engaging in for the last year and a half or more. Ken Colby, Federal Indian Affairs Spokesman The United Nations goes on to dismiss as unsubstantiated and not worthy of consideration all of the sweeping allegations the Lubicon Band has made about Canada's behaviour in the past few years. Kazakoff The Alberta Government has been trying to work out a proposal with the Band to present to Ottawa in an attempt to break the land claim log-jam. Negotiations are still going on. Ken Rostad, Alberta Attorney General I'm hoping that all three parties can sit down now and get on with negotiating a settlement so the Lubicon Nation can get their infrastructure in place and get on with life. Kazakoff But Professor Reif feels the U.N. report will probably not make too much of an impact on the land claim negotiations. Fred Kazakoff, Eyewitness News. ************************************************************************ Transcript of CBC National Radio News Broadcast (7:00 A.M.) Thursday, May 3, 1990 Rex Loring, CBC News The United Nations has given Canada a diplomatic slap in the face. The U.N.'s Committee on Human RIghts has ruled that Canada has violated the International Covenant on Civil and Political Rights. The Lubicon Indians of northern Alberta complained to the U.N. that their way of life was destroyed by large oil and gas development on their traditional lands. A lawyer for the Lubicons says the decision means that Canada is an abuser of human rights. Byron Christopher reports. Byron Christopher, CBC News The Lubicon Indians took their complaint to the United Nations six years ago. The U.N.'s Human Rights Committee finally ruled on the matter in March. But it wasn't until yesterday that the Indians learned that they had won. In their submission to the U.N., the Indians argued that before their land was cut up for oil and gas development that they had a viable way of life and culture. They said it was the responsibility of the Canadian Government to protect them from such development, but that the Government had done nothing. James O'Reilly, a lawyer for the Band, says the U.N. decision is a victory for the Lubicons. James O'Reilly, Lubicon Lawyer The United Nations has pointed the finger and said that Canada is to blame for what has happened to the Lubicons and the United Nations has also said that what has transpired is a very serious transgression of international law. Christopher Canada may have broken international law, but the U.N. ruling is not legally binding. That means the Indians cannot expect international help to kick out the oil companies. But James O'Reilly says it's a moral defeat for Canada. He says Ottawa can no longer point its finger at countries that abuse human rights. Byron Christopher, CBC News, Edmonton. ************************************************************************ For more information contact web:car by e-mail or in writing Aboriginal Rights Support Group Committee Against Racism P.O. Box 3085, Station B Calgary, Alberta T2M 4L6