| 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 |
May 22, 2006
The United Nations Committee on Economic, Social and Cultural Rights, released its Concluding Observations regarding Canada's record on key social, economic and cultural rights in Geneva today.
The Committee specifically addressed the situation of the Lubicon Lake Indian Nation of northern Alberta. The key Concluding Observation regarding the Lubicon Nation reads as follows:
38. The Committee strongly recommends that the State party [Canada] resume negotiations with the Lubicon Lake Band, with a view to finding a solution to the claims of the Band that ensures the enjoyment of their rights under the Covenant. The Committee also strongly recommends the State party to conduct effective consultation with the Band prior to the grant of licences for economic purposes in the disputed land, and to ensure that such activities do not jeopardize the rights recognized under the Covenant.
The full significance of this conclusion bears further discussion.
All UN findings and concluding observations are written in diplomatic language. Diplomatic language is different than normal language. In diplomatic language words are chosen very carefully to carry connotations that they don’t necessarily carry in normal language usage. People familiar with diplomatic language of course know the difference but others don’t always appreciate the full import of what is being said. It is therefore important to pay attention to the particular way words are used in diplomatic language as well as the ordinary meaning of those words.
The Concluding Observations of the UN Committee on Economic, Social and Cultural Rights pertaining to the Lubicon situation are the only Concluding Observations of the Committee that pertain to a specific named case. All of the other Concluding Observations of the Committee pertain to issues.
Most of the subjects covered in the Concluding Observations are addressed by the Committee using the phrases "the Committee regrets", "is concerned", "expresses concern", "notes with concern", "notes with particular concern", "reminds", "reiterates", encourages", "urges", "recommends" and/or "reiterates its recommendation". All of these phrases are deliberately used by the Committee to connote varying degrees of seriousness regarding violations or potential violations under the International Covenant on Economic, Social and Cultural Rights.
In only five cases does the Committee use the language "strongly recommends". In only two cases does the Committee "strongly recommend" specific action as distinct from "strongly recommend(ing)" that Canada "consider" doing something, "re-examine" something, "reconsider" something or "review" something.
One of the two cases where the Committee "strongly recommends" specific action pertains to forcibly evicting people from housing. The Concluding Observation regarding forcibly evicting people from housing reads as follows:
"63. The Committee strongly recommends that, before forced evictions are carried out, the State party (Canada) take appropriate measures, legislative or otherwise, to ensure that those affected by forced evictions are provided with alternative accommodation and thus do not face homelessness, in line with the Committee’s General Comments 7 (1997)."
The only other case where the Committee "strongly recommends" specific action pertains to the Lubicon situation, as quoted above.
It is well notable that the language of the Concluding Observation regarding the Lubicon Nation is practically identical to the language of the Concluding Observation of the UN Human Rights Committee last October regarding the continuing violation of the human rights of the Lubicon people under the International Covenant on Civil and Political Rights. Thus in less than seven months Canada has been the subject of critical Concluding Observations pertaining to the violation of the human rights of the Lubicon people by two different UN Committees under two different international human rights covenants.
It’s also notable that this decision has been released during the tenure of the new Conservative federal government and therefore it is no longer acceptable to blame past administrations for the failure to act on this violation of the rights of the Lubicon people. The responsibility to resolve the Lubicon dispute lies squarely on the shoulders of Canada’s current Prime Minister.
The full report is available here.
The full report and all other relevant documents including the Lubicon submission are available here.
fol-request at masses.tao.ca