30. The Human Rights Committee has considered the present communication in the light of the information
made available by the parties, as provided for in articles 5, paragraph 1, of the Optional Protocol. In so doing, the
Committee observes that the persistent disagreement between the parties as to what constitutes the factual setting for
the dispute at issue has made consideration of the claims on the merits most difficult.
Request for a review of the decision on admissibility
31.1
The Committee has seriously considered the State party's request that it review its decision
declaring the communication admissible under the Optional Protocol "insofar as it may raise issues under article 27
or other articles of the Covenant". In the light of the information now before it, the Committee notes that the State
party has argued convincingly that, by actively pursuing matters before the appropriate courts, delays, which
appeared to be unreasonably prolonged, could have been reduced by the Lubicon Lake Band. At issue, however, is
the question of whether the road of litigation would have represented an effective method of saving or restoring the
traditional or cultural livelihood of the Lubicon Lake Band, which, at the material time, was allegedly on the brink of
collapse. The Committee is not persuaded that that would have constituted an effective remedy within the meaning
of article 5, paragraph 2 (b), of the Optional Protocol. In the circumstances, the Committee upholds its earlier
decision on admissibility.
31.2
At this stage, the Committee must also state that it does not agree with the State party's contention
that it was remiss in not spelling out, at the time of declaring the communication admissible, which of the author's
allegations deserved consideration on the merits. Although somewhat confusing at times, the author's claims have
been set out sufficiently clearly as to permit both the State party and the Committee, in turn, to address the issues on
the merits.
Articles of the Covenant alleged to have been violated
32.1
The question has arisen of whether any claim under article 1 of the Covenant remains, the
Committee's decision on admissibility notwithstanding. While all peoples have the right of self-determination and
the right freely to determine their political status, pursue their economic, social and cultural development and dispose
of their natural wealth and resources, as stipulated in article 1 of the Covenant, the question of whether the Lubicon
Lake Band constitutes a "people" is not an issue for the Committee to address under the Optional Protocol to the
Covenant. The Optional Protocol provides a procedure under which individuals can claim that their individual rights
have been violated. These rights are set out in part III of the Covenant, articles 6 to 27, inclusive. There is, however,
no objection to a group of individuals, who claim to be similarly affected, collectively submitting a commu-nication
about alleged breaches of their rights.
32.2
Although initially couched in terms of alleged breaches of the provisions of article 1 of the
Covenant, there is no doubt that many of the claims presented raise issues under article 27. The Committee
recognizes that the rights protected by article 27 include the right of persons, in community with others, to engage in
economic and social activities which are part of the culture of the community to which they belong; far-reaching
allegations concerning extremely serious breaches of other articles of the Covenant (6, 7, 14, para. 1; and 26), made
after the communication was declared admissible, have not been substantiated to the extent that they would deserve
serious consideration. The allegations concerning breaches of articles 17 and 23, paragraph 1, are similarly farreaching and will not be taken into account except insofar as they may be considered subsumed under the allegations
which, generally, raise issues under article 27.
32.3
The most recent allegations that the State party has conspired to create an artificial band, the
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