Woodland Cree Band, said to have competing claims to traditional Lubicon land, are dismissed as an abuse of the
right of submission within the meaning of article 3 of the Optional Protocol.
Violations and the remedy offered
33. 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. The
State party proposes to rectify the situation by a remedy that the Committee deems appropriate within the meaning of
article 2 of the Covenant.
APPENDIX I
Individual opinion: submitted by Mr. Nisuke Ando pursuant to rule 94, paragraph 3, of the Committee's rules of procedure,
concerning the Committee's views on communication
No. 167/1984, B. Ominayak and the Lubicon
Lake Band v. Canada
I do not oppose the adoption of the Human Rights Committee's views, as they may serve as a warning against the
exploitation of natural resources which might cause irreparable damage to the environment of the earth that must be preserved for
future generations. However, I am not certain if the situation at issue in the present communication should be viewed as
constituting a violation of the provisions of article 27 of the Covenant.
Article 27 stipulates: "In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such
minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to
profess and practice their own religion, or to use their own language". Obviously, persons belonging to the Lubicon Lake Band
are not denied the right to profess and practice their own religion or to use their own language. At issue in the present
communication is, therefore, whether the recent expropriation by the Government of the Province of Alberta of the Band's land
for commercial interest (e.g. leases for oil and gas exploration) constitutes a violation of those persons' right "to enjoy their own
culture".
It is not impossible that a certain culture is closely linked to a particular way of life and that industrial exploration of
natural resources may affect the Band's traditional way of life, including hunting and fishing. In my opinion, however, the right
to enjoy one's own culture should not be understood to imply that the Band's traditional way of life must be preserved intact at all
costs. The history of mankind bears out that technical development has brought about various changes to existing ways of life
and thus affected a culture sustained thereon. Indeed, outright refusal by a group in a given society to change its traditional way
of life may hamper the economic development of the society as a whole. For this reason, I would like to express my reservation
to the categorical statement that recent developments have threatened the life of the Lubicon Lake Band and constitute a violation
of article 27.
Nisuke Ando
123
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