Mailing address:
3536 - 106 Street
Edmonton, AB T6J 1A4
403-436-5652
FAX: 403-437-0719
December 2, 1991
Enclosed for your information is a copy of a letter recently sent to the
United Nations by MP Ross Harvey regarding lack of follow-up on the U.N.
Lubicon decision. Enclosed also is a copy of a related question submitted
to the Canadian Government by Mr. Harvey.
* * * * *
November 28, 1991, letter from Federal MP Ross Harvey to Dr. Janos Fodor,
Consul General, Republic of Hungary, Special Rapporteur for Follow-up on
Views of the Human Rights Committee, United Nations, 8 East 75th Street,
New York, New York, USA FAX No. 212-755-5395
Dear Dr. Fodor:
RE: COMMUNICATION NO. 167/1984 BERNARD OMINAYAK, CHIEF OF THE LUBICON LAKE
BAND v. CANADA (REPORT OF THE HUMAN RIGHTS COMMITTEE, Forty-fifth session,
Supplement No. 40 (A45/40), Volume II, pages 1-30)
I respectfully request that the Human Rights Committee re-examine this
matter on an urgent basis to ascertain what action, if any, has been taken
by the Canadian government to remedy the violations. You will recall that
the United Nations Human Rights Committee adopted its views on this matter
on 26 March 1990. The Committee's views concluded with the following
paragraph:
"Historical inequities, to which the State party refers, and certain more
recent developments threaten the way of life and culture of the Lubicon
lake Band, and constitute a violation of article 27 so long as they
continue. That State party proposes to rectify the situation by a remedy
that the Committee deems appropriate within the meaning of article 2 of the
Covenant."
Should the Human Rights Committee follow-up its 1990 finding, it will find
that there is abundant evidence that the plight of the members of the
Lubicon Lake Nation is more desperate than ever. The "remedy" previously
deemed "appropriate" has, in the event, been ineffective and singularly
unsuccessful.
Dr. Fodor, there is no doubt in my mind that the "historic inequities" and
especially "more recent developments" which the Committee found "threaten
the way of life and culture" of the Band and which "constitute a violation
of article 27 so long as they continue" do continue a full twenty months
after the Committee's findings.
Since the Committee's views are frequently misrepresented by Canadian
government officials, the Human Rights Committee ought to ensure that
"detailed information on the follow-up" by fully reported in the
Committee's Annual Report (in accordance with paragraph 2 of the measures
adopted on 24 July 1990 at the thirty-ninth session of the Human Rights
Committee regarding monitoring of compliance with its views under article
5, paragraph 4, of the Optional Protocol to the International Covenant on
Civil and Political Rights (Annex XI, Volume II, 1990 Report of the Human
Rights Committee)).
In the event that you have already initiated follow-up procedures with the
Canadian government (in the words of the above-mentioned measures) "to
ensure effective remedies for violations of the Covenant", I would ask --
given the urgency of this matter -- that you redouble your efforts.
Finally, in your continuing communications with the Canadian government, it
would be deeply appreciated by all Canadians concerned with this matter
should you urge the Canadian government to abandon its "take-it-or-leave-
it" offer made to the Lubicon on January 24, 1989 -- an offer which
demonstrably has not proved to be a remedy -- and instead begin
negotiations on adequate economic development provisions and compensation
for decades of abuse inflicted upon the Lubicon people by successive
federal and provincial Canadian governments.
I am confident you and members of the Committee recognize that the good
reputation of the Committee is called into question when it makes no public
pronouncement sin the face of acknowledged human rights violations which
persist. I am certain that the Committee would not want to be perceived to
be presiding silently over continuing and tragic violations of human
rights.
I look forward to learning of your efforts in following up this most
grievous case, that of the Lubicon Lake Nation.
I remain, Sir,
Respectfully,
Ross Harvey
Member of Parliament (Edmonton East)
Canada
* * * * *
Order Paper and Notice Paper, Third Session, 34th Parliament, Wednesday,
November 27 1991
No. 183 -- Mr. Harvey (Edmonton East) -- November 26, 1991
With respect to the United Nations Human Rights Committee views concerning
Communication Number 167/1984 Bernard Ominayak, Chief of the Lubicon lake
Band v. Canada, has the government received since October 1, 1990, any
request or requests for further information from the Special Rapporteur for
Follow-up on Views of the Human Rights Committee, and, if so, (a) when did
the government receive such request(s), (b) has the government responded to
such request(s), and if so (i) when did the government reply (ii) what did
the government reply?
NOTE: Response requested within 45 days