UN"s Lubicon decision called historic

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The recent decision by the United Nations to hear the Lubicon Lake band's complaint over Canada's alleged violation of an international covenant, denying the band their right to maintain their lifestyle, has been applauded by the band and other Native leaders.

However, the Canadian government has refused to comment other than to complain that the band should return to the bargaining table and then send a contradictory letter thanking the band for returning to the negotiations.

Last week Department of Indian Affairs Minister Bill McKnight told the Calgary Herald that his office has offered to meet with the band to negotiate a settlement, but until the band agrees to meet there is nothing the federal government can do. But, McKnight would not comment on the UN decision.

He said his department would have to confer with External Affairs officials before commenting further.

However, band advisor Fred Lennarson says the UN decision is historic.

"We are seeing history in the making here," he said. "This decision will affect Aboriginal people in all countries all over the world."

The decision is allowing the Lubicon Lake band, and in effect all Aboriginal peoples, to address their concerns directly to an impartial third party, thereby recognizing Indian nations as distinct nations, says Lennarson.

The UN has ruled that the Canadian government must ensure that "no irreparable damage is done to the traditional Lubicon society."

The band had appealed to the UN saying that it "will not survive physically or as a social entity, for more than another year or two."

This "decision makes clear that the instruction to Canada under provisions rule 86 is not a decision on the merits of the Lubicon complaint, but is rather an effort to protest vital interests until the merits are decided," said Lubicon chief, Bernard Ominiyak, in an interview Tuesday.

Although Canada has not been found guilty of genocide by the world community, it has been called to account, adds Ominiyak.

However, both the band and the Canadian government are refusing to comment on the interpretation of this rule.

Ominiyak says he and the band are still studying the ruling. However, he refused to comment on speculation that oil and gas companies, currently working on Lubicon traditional lands, might be forced to leave.

"No one is willing to comment on the ruling yet," says Lennarson. "It may be some time before it is interpreted."

Lennarson points out, however, that rule 86 is usually reserved for emergency cases, such as execution of the death penalty, and has never been applied to a nation.

Although it may be some weeks until a full interpretation of the UN rule is made, other Native leaders are currently meeting with the UN.

Members of the Native Council of Canada (NCC) along with Assembly of First Nations (AFN) grand chief, Georges Erasmus are meeting with UN officials this week to discuss the ruling and the role of Aboriginal peoples in the United Nations.

The United Nations consists of sovereign nations, however, special recognition has been made to peoples who consider themselves a nation, but are not sovereign. Some years ago, the Palestine Liberation Organization (PLO) were given an advisory position and were allowed to address issues at the UN.

Lennarson says a ruling on the Lubicon Lake complaint may take a year or more, however, both he and the band are optimistic.

"This ruling could mean that Aboriginal nations and the treaties will be adjudicated by an impartial third party, not by the Canadian government, who are one of the parties in the treaties.

Meanwhile the Lubicon band continues its efforts to get back to the negotiating table with the federal government.

At press time, no official from the Department of External Affairs or the Alberta government were available for comment.