13.3
With regard to the State party's contention that the author's communication pertaining to selfdetermination should be declared inadmissible for the reason that "the Committee's jurisdiction, as defined by the
Optional Protocol, cannot be invoked by an individual when the alleged violation concerns a collective right", the
Committee reaffirmed that the Covenant recognizes and protects in most resolute terms a people's right of selfdetermination and its right to dispose of its natural resources, as an essential condition for the effective guarantee and
observance of individual human rights and for the promotion and strengthening of those rights. However, the
Committee observed that the author, as an individual, could not claim under the Optional Protocol to be a victim of a
violation of the right of self-determination enshrined in article 1 of the Covenant which deals with rights conferred
upon peoples as such.
13.4
The Committee noted, however, that the facts as submitted might raise issues under other articles of
the Covenant, including article 27. Thus, insofar as the author and other members of the Lubicon Lake Band were
affected by the events which the author has described, these issues should be examined on the merits, in order to
determine whether they reveal violations of article 27 or other articles of the Covenant.
14. On 22 July 1987, therefore, the Human Rights Committee decided that the communication was admissible
insofar as it might raise issues under article 27 or other articles of the Covenant. The State party was requested,
under rule 86 of the rules of procedure, to take interim measures of protection to avoid irreparable damage to Chief
Ominayak and other members of the Lubicon Lake Band.
15. In its submission under article 4, paragraph 2, dated 7 October 1987, the State party invokes rule 93,
paragraph 4, of the Committee's provisional rules of procedure and requests the Committee to review its decision on
admissibility, submitting that effective domestic remedies have not been exhausted by the Band. It observes that the
Committee's decision appears to be based on the assumption that an interim injunction would be the only effective
remedy to address the alleged breach of the Lubicon Lake Band's rights. This assumption, in its opinion, does not
withstand close scrutiny. The State party submits that, based on the evidence of the Alberta Court of Queen's Bench
and the Court of Appeal - the two courts which had had to deal with the Band's request for interim relief - as well as
the socio-economic conditions of the Band, its way of life, livelihood and means of subsistence have not been
irreparably damaged, nor are they under imminent threat. Accordingly, it is submitted that an interim injunction is
not the only effective remedy available to the Band, and that a trial on the merits and the negotiation process
proposed by the Federal Government constitute both effective and viable alternatives. The State party reaffirms that
it has a right, pursuant to article 5, paragraph 2 (b), of the Optional Protocol to insist that domestic redress be
exhausted before the Committee considers the matter. It claims that the terms "domestic remedies", in accordance
with relevant principles of international law, must be understood as applying to all established local procedures of
redress. As long as there has not been a final judicial determination of the Band's rights under Canadian law, there is
no basis in fact or under international law for concluding that domestic redress is ineffective, nor for declaring the
communication admissible under the Optional Protocol. In support of its claims, the State party provided a detailed
review of the proceedings before the Alberta Court of Queen's Bench and explained its long-standing policy to seek
the resolution of valid, outstanding land claims by Indian Bands through negotiation.
16.1
Commenting on the State party's submission, the author, in a letter dated 12 January 1988,
maintains that his and the Lubicon Lake Band's allegations are well-founded. According to Chief Ominayak, the
State party bases its request for a review of the decision on admissibility on a mere restatement of the facts and is
seeking to have the Committee reverse its decision under the guise of substantiation of its previous submissions,
without adducing any new grounds. Recalling the Committee's statement that the communication is admissible
insofar as it raises issues under article 27 "or other articles of the Covenant", the author spells out which articles of
the Covenant he considers to have been violated. First, he claims that Canada has violated article 2, paragraphs 1 to
3, of the Covenant: paragraph 1, for the reason that the State party has treated the Lubicon Lake Band without taking
into consideration elements of a social, economic and property nature inherent in the Band's indigenous community
structure; paragraph 2, for the reason that it is said to continue to refuse to solve some issues complained of by the
Band for which there remain means of redress; and paragraph 3, for the reason that it is said to have failed to provide
the Band with an effective remedy with regard to its rights under the Covenant.
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