Statement by Jennifer Klimek, Co-Chair of the Lubicon Settlement Commission of Review at the UNWGIP 12th Session '94
******************
A SIMPLE REQUEST
******************
Many of our files are unique and/or copyrighted by The Center For
World Indigenous Studies and The Fourth World Documentation
Project. All FWDP files may be reproduced for electronic
transfer or posting on computer networks and bulletin boards
provided that:
1. All text remains unaltered.
2. No profit is made from such transfer.
3. Full credit is given to the author(s) and the Fourth World
Documentation Project.
4. This banner is included in the document if being used as a
file on a BBS, FTP site or other file archive.
Thank you for your cooperation.
John Burrows
Executive Director
Center For World Indigenous Studies
()-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=()
||///////////////////////////////////||
||=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-||
|| ||
|| The Fourth World Documentation Project runs entirely on grants ||
|| and private donations. If you find this information service ||
|| useful to you in any way, please consider making a donation to ||
|| help keep it running. CWIS is a non-profit [U.S. 501(c)(3)] ||
|| organization. All donations are completely tax deductible. ||
|| Donations may be made to: ||
|| ||
|| The Center For World Indigenous Studies ||
|| ATTN: FWDP ||
|| P.O. Box 2574 ||
|| Olympia, Washington USA ||
|| 98507-2574 ||
|| Thank You, ||
|| CWIS Staff ||
|| ||
||=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-||
||///////////////////////////////////||
()=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-()
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
:: This file has been created under the loving care of ::
:: -= THE FOURTH WORLD DOCUMENTATION PROJECT =- ::
:: A service provided by ::
:: The Center For World Indigenous Studies ::
:: ::
:: THE FOURTH WORLD DOCUMENTATION PROJECT ARCHIVES ::
:: http://www.halcyon.com/FWDP/fwdp.html ::
:: THE CENTER FOR WORLD INDIGENOUS STUDIES ::
:: http://www.halcyon.com/FWDP/cwisinfo.html ::
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
DOCUMENT: LSCR_94.TXT
LUBICON SETTLEMENT COMMISSION OF REVIEW
10336 - 114 Street
Edmonton, Alberta
Canada T5K 153
(403) 488-4767 FAX: (403) 488-4698
Commission on Human Rights
Sub-Commission on Prevention of
Discrimination and Protection
of Minorities
Working Group on Indigenous Peoples
Twelfth Session
Agenda item 5
I am the co-chair of the Lubicon Settlement Commission of
Review, a group of Canadian citizens of all walks of life
and background who have made a thorough study of the Lubicon
case and brought forward specific recommendations to help
the process along. The previous government, we found out,
had stifled all possibilities of a just resolution by a
take-it-or-leave-it offer that would have condemned the
Lubicon people to a future of welfare, a situation which
would destroy their dignity and their future as human
beings. The Lubicon would have had to sign away all their
aboriginal rights prior to entering into negotiations. There
were no solid provisions made for economic development nor
for compensation for decades of neglect, lost benefits and
lost income from oil and gas development on their
traditional land, not to mention the destruction of their
traditional way of life which had allowed them to be self-
sustaining for generations before oil and gas development
invaded their world.
One of the Commission's basic conclusions was that the
Canadian government had negotiated in bad faith and had all
the power in the negotiating process. We also found the
Lubicon situation to be of the utmost urgency.
The Canadian and provincial governments refused to
participate in our hearings and ignored our recommendations,
leaving the Lubicon society slowly to disintegrate, in
poverty and despair.
New hopes surged last October when the Liberal Party of
Canada replaced the Progressive Conservatives as the new
governing body in Canada. Indeed, during the election
campaign the new Prime Minister Jean Chretien in a letter
(which is attached to this intervention) to Lubicon
Settlement Commission of Review stated:
<>.
Further to this letter, the Liberal party at their annual
convention in May 1994 adopted a resolution that the
settlement of the Lubicon claim be a priority for the
government. The Lubicon were the only Indigenous group
specifically mentioned in that resolution.
We hoped that when the process of negotiations began between
the new government and the Lubicon that things would indeed
move very swiftly. Unfortunately, we have to report our very
deep disappointment regarding the most recent development of
the Liberal government initiative on this issue. This came
in the form of letter dated July 11, 1994 from the Indian
Affairs Minister Ron Irwin to Lubicon Chief Bernard
Ominayak.
Their offer to negotiated is unacceptable. It does not
provide for the negotiation of all aspects of the claim
exempting compensation and the continuation or
acknowledgment of Indigenous rights. The Liberal government
refuses to refer to an independent tribunal those conflicts
that cannot be resolved through negotiations. The government
wants to <>, which means abandoning any
meaningful progress made to date, such a reserve lands and
the Fulton report.
We are surprised and dismayed that the <> government,
which had promised so much, has delivered so little. Also,
it should be remembered that matters already agreed upon
with the former government -- such as retaining
unextinguished aboriginal land rights as a pre-condition of
settlement talks, and the agreed-to land base -- were being
wiped off the table.
For these reasons, the Lubicon Settlement Commission of
Review is appealing to the Working Group members to monitor
this situation with us and to raise a strong voice with the
<> Canadian government to help bring about a settlement
which is fair to the Lubicons.
Jennifer Klimek
Co-Chair
Geneva, 27 July 1994
*******************
ATTACHMENT
HOUSE OF COMMONS
CHAMBRE DES COMMUNES
CANADA
Leader of the Opposition
Chef de l'Opposition
Ottawa, Ontario
K1A 0A6
Dear Father Johnson:
Thank you for your letter and the copy of the report of
the Lubicon Settlement Commission of Review.
The Liberal Party understands your concern. We fully
recognize that the Lubicon have struggled for over fifty
years to secure a permanent land base and the means to
preserve their way of life. And we believe - with
negotiations suspended since 1989 - that the government has
reneged on its fiduciary responsibility to the Lubicon
People.
Time is wasting. As a start, we believe the government
should proceed with recommendation number five of the
Settlement Commission report to hold all royalties in trust
and withhold leases and permits on traditional Lubicon lands
- unless approved by the Lubicon. Moreover, future
negotiations should reflect the intent of recommendation
number eight, asserting that the extinguishment of
Aboriginal rights must not be a condition for a settlement -
a position consistent with Liberal policy.
Ethel Blondin-Andrew, Liberal Critic for Aboriginal
Affairs, has urged the government to renew negotiations with
the Lubicon and resolve this issue, once and for all. While
it is doubtful whether the current government possesses the
will to do so, you can be assured that Liberals will
continue to press the Conservatives to respond to the
recommendations of the Settlement Commission and resume
negotiations.
We support the swift resolution of all claims, and
consider the Lubicon claim to be a priority. As Leader of
the Opposition, I appreciate the time you have taken to
write.
Sincerely,
Jean Chretien
Father Jacques Johnson
Co-Chair
Lubicon Settlement Commission of Review
10336 114th Street
Edmonton, Alberta
T5K 1S3
-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
To have a current Center For World Indigenous Studies Publication
Catalogue sent to you via e-mail, send a request to
jburrows@halcyon.com
http://www.halcyon.com/FWDP/cwiscat.html
Center For World Indigenous Studies
P.O. Box 2574
Olympia, WA U.S.A.
98507-2574
FAX: 360-956-1087
OCR Provided by Caere Corporation's OmniPage Professional