Canada: New Government must "Stand Up for Human Rights" - Open Letter
Posted: 23 February 2006
OTTAWA, CANADA - Stephen Harper, Canada's 22nd prime minister, at the swearing-in ceremony for the new Conservative government, 6 February, 2006.
Photo credit: Simon Hayter/Getty Images
The Right Honourable
Stephen Harper
Prime Minister of Canada
80 Wellington Street
Ottawa, Ontario. K1A 0A2
Dear Prime Minister,
Amnesty International is writing this open letter to you, one month after your electoral victory, to stress how critical it is that a full, genuine commitment to universal human rights – both at home and abroad – be at the centre of how you govern Canada. You come to power at a time when humanitarian, security and other crises in many parts of the world, as well as shortcomings here at home, remain unresolved. Amnesty International urges that you ensure that Canada’s response to these many tragedies and challenges is grounded in the international human rights obligations which Canada has assumed and which Canada has promoted on the international stage.
This letter outlines recommendations in three overarching areas – multilateral, bilateral and domestic – which we hope you will adopt and advance in the early days of your government. These recommendations are by no means exclusive. Amnesty International has raised other concerns in the recent past with the Canadian government and will continue to do so. Other organizations and concerned individuals will highlight critical issues in need of your government’s attention. We would welcome an opportunity to meet with you to discuss these recommendations further.
CANADA'S MULTILATERAL HUMAN RIGHTS AGENDA
In the aftermath of World War II, world leaders took the bold and decisive step of drafting a new Universal Declaration of Human Rights. That eloquent document in many respects launched the modern era of human rights protection and firmly established that human rights were in fact a matter of international concern. In that international spirit, global institutions at the United Nations and regional institutions within bodies such as the Organization of American States and the African Union, have played an essential role in defining and defending universal human rights standards, and must continue to do so. Canada has consistently been an ardent champion and supporter of a multilateral approach to promoting and safeguarding human rights around the world. Amnesty International calls on your government to continue that tradition and to pursue new initiatives which will strengthen those crucial global laws and institutions.
Protecting Women from Violence
Violence against women is one of the most widespread human rights tragedies the world faces. In the home, in the community; in prisons and in the midst of war; at the hands of strangers, police, rebel fighters and their own families – women are attacked, raped and killed at a staggering rate and more often than not receive no protection from their governments. Recognizing the scale of this hidden human rights crisis, in 2004 Amnesty International launched a major global campaign to Stop Violence against Women.
All around the world, women’s rights activists face silence and barriers to taking effective action to stop the violence and address its causes. Within the United Nations system, numerous governments are challenging existing norms and standards which protect and promote women’s human rights. Canada has played an important role in fighting for the protection and promotion of women’s human rights internationally. It is critical that your government maintain strong support for these rights, both within multilateral bodies and in bilateral exchanges, particularly in the face of attempts by other governments to backtrack on commitments to these rights.
Shoring up Human Rights in the “War on Terror”
Amnesty International has always unreservedly condemned acts of terrorism, including such recent tragedies as the September 11 th attacks, the Beslan school massacre in Russia and last summer’s bombings in London. Beyond these tragedies, that have garnered considerable attention and claimed the lives of several thousand people, we have regularly condemned smaller-scale suicide bombings and other acts of terrorism, in Israel, Afghanistan, Iraq and elsewhere, which may claim only a few lives at a time. The bottom line is that violence that targets civilians is prohibited under international law and governments are obligated to take steps to protect their citizens from such attacks.
We have, though, repeatedly stressed the vital importance of doing so in full conformity with international human rights and humanitarian law. Over the past four years, however, governments have enacted laws, adopted practices and gone to war - all in the name of enhancing security – in ways that have violated and undermined those crucial international standards. Amnesty International firmly believes that true security will only be achieved through scrupulous regard for the international human rights framework, not through approaches that lead to torture, arbitrary arrest and discrimination. We urge you to ensure that this becomes, at all times, the position and approach taken by the Canadian government, on the world stage and in dealing with other governments.
In this respect, Canada should strengthen its commitment to eradicate torture, by signing on to the Optional Protocol to the UN Convention against Torture. This treaty, adopted by the UN in 2002, will establish a global inspection system for places of detention, so as to stamp out torture before it occurs. You have indicated your support for this initiative. [1] Amnesty International calls on your government to ratify without any further delay.
The Human Rights Responsibilities of Business
Governments carry the primary responsibility for ensuring that the rights of their citizens are upheld and protected. In recent years, however, there has been increasing awareness of and concern about the human rights impact of companies – large and small, transnational and local. Responsible, sustainable business practices can lead to human rights improvements; while irresponsible, shortsighted practices can directly and indirectly cause serious human rights violations. Amnesty International has, for several years, been pressing governments to adopt new national and international standards setting out the responsibility of companies to do business with an eye to avoiding complicity in human rights violations and doing everything possible to promote human rights reforms in the countries where they operate. Anything less is bad for business and bad for human rights.
Internationally, an important initiative is underway within the UN human rights system, which seeks to establish new global norms regarding the human rights responsibilities of businesses. Canada must work to ensure that those norms are the strongest they can possibly be. At the same time, on the homefront, your government should take up the recommendations contained in the recent parliamentary committee report on ensuring the environmentally and socially responsible conduct of Canadian mining companies.[2] This is clearly an issue where Canadian leadership is needed both at home and abroad.
Justice, not Impunity
Impunity is a well-entrenched obstacle to human rights protection. The world’s worst human rights violators – responsible for genocide, mass rape, campaigns of “disappearance” and other grave abuses – have carried out their horrifying misdeeds confident that there would be no price to pay. That has begun to change. The groundbreaking establishment of the International Criminal Court (ICC) has laid the way for a new international commitment to justice – and the unprecedented prospect of a world in which human rights violators will be held accountable for their crimes. Canadian leadership in the campaign to establish the ICC has been essential and we call on your government to continue to make that a priority area of leadership for Canada.
However, that global leadership has not been matched by action to ensure that human rights violators present in Canada face justice within our own domestic legal system. Instead cases are primarily dealt with through immigration remedies. But deportation usually leads to injustice when suspects experience human rights abuses, or injustice, when they escape accountability. In October 2005 charges were laid against Rwandan national Desire Munyaneza under Canada’s Crimes against Humanity and War Crimes Act, the first since the Act was adopted in 2001. We do not take a position on Mr. Munyaneza’s guilt or innocence, but we are pleased to see the beginning of what may be a new approach to dealing with such cases. We urge your government to provide the resources and support necessary to ensure this becomes Canada’s normal practice.
Curtailing the Global Arms Trade
One of the most debilitating sources of insecurity in the world today arises from the virtually wholly unregulated global arms trade, particularly trade in small arms and light weapons. There are estimated to be 639 million small arms and light weapons in the world today, with an additional 8 million produced every year. These weapons are used to kill, injure and terrorize women, children and men in the midst of devastating human rights violations, armed conflict, domestic abuse and crime, right around the world.
It is time for a strong global treaty that will regulate this worldwide trade in death, injury and misery. Amnesty International has joined a number of other nongovernmental organizations in pressing for an Arms Trade Treaty that would create legally binding arms controls and help stop weapons falling into the hands of indiscriminate killers and human rights abusers. Forty-two governments have endorsed this idea, including all of the countries of the European Union. It is time for Canada to follow suit.
UN Reform
Over the past year, world leaders have been engaged in a crucial program of reform within the United Nations – likely the most ambitious and important since the creation of the UN in 1945. One crucial aspect of that reform initiative has been a fundamental overhaul of the UN human rights system, including the proposal to replace the UN Commission on Human Rights with a new, powerful Human Rights Council. As you take power, those discussions are in a critical stage. Canada has been supportive of the move to strengthen human rights protection within the UN. Amnesty International urges you to continue that support and to commit your government to doing everything possible over the coming weeks and months to ensure the creation of a strong and effective Human Rights Council.
CANADA’S BILATERAL HUMAN RIGHTS AGENDA
Many pressing human rights crises – in virtually every corner of the world - demand your attention as you come to power. Canada has frequently demonstrated a strong commitment to pressing human rights reforms in its dealings with other countries. That commitment has, however, too often been hesitant and equivocal. Human rights concerns have tragically too often taken a back-seat to other political and economic considerations, notably when significant trade and investment are at stake.
Amnesty International calls on you to put human rights consistently at the top of Canada’s bilateral agenda with all other countries – big or small, rich or poor, militarily strategic or not. Sadly there are many nations in need of dramatic human rights reforms. Among others, we hope you will give significant and priority attention to the countries whose situations are described in an annex to this letter.
CANADA’S DOMESTIC HUMAN RIGHTS AGENDA
Amnesty International has in recent years drawn attention to a range of shortcomings in Canada’s domestic human rights practices. In doing so, we have not equated or compared Canada’s human rights record to other countries. We have simply noted that while there is much about which Canada can and should be proud when it comes to human rights accomplishments, there is still significant room and need for improvement. Canada needs to do the best it possibly can when it comes to upholding human rights on the homefront. Anything less does an obvious injustice to those whose rights are violated. Anything less also weakens and undermines Canada’s moral authority to press other nations to improve their poor human rights records.
Protecting Women from Violence and other Human Rights Abuses
Amnesty International members in Canada and around the world embarked on a major global campaign to Stop Violence against Women in March 2004. The concerns are not only global. Amnesty International is deeply concerned about the vulnerability of women across Canada to violence and other serious human rights abuses. That was poignantly and painfully underscored as the criminal trial of Robert Pickton, accused of the murder of 27 women, opened recently.
Amnesty International believes it is time for concerted action to uphold the rights of women in Canada. During the election campaign you indicated that Canada has “more to do to meet its international obligations to women’s equality.”[3] In less than two weeks, the world will mark International Women’s Day. Amnesty International urges you to make use of that day to announce a commitment on the part of your government to:
- launch a comprehensive process of consultation, involving all levels of government and women’s equality-seeking organizations, to develop and adopt a national action plan for combating violence against women;
- institute an independent oversight body for federally-sentenced women prisoners; and
- implement outstanding recommendations from the 2003 report of the UN Committee on the Elimination of Discrimination against Women.
Upholding the rights of Indigenous peoples in Canada
Beyond a doubt, the plight of Indigenous peoples has long been and remains Canada’s greatest human rights tragedy. In Stand up for Canada the Conservative Party speaks of “opportunity and respect for aboriginals.” Amnesty International stresses that opportunity and respect are best assured through a firm commitment to upholding the fundamental rights of Indigenous peoples, including through:
- adopting a comprehensive, nation-wide strategy for addressing the alarming levels of violence and discrimination experienced by Indigenous women;
- ending the disparity in funding for Indigenous child welfare services and ensuring that the best interests of Indigenous children are protected by effective preventative and early intervention programs;
- collaborating with Indigenous peoples to establish effective, non-adversarial approaches to the timely resolution of disputes over lands and territories, guided by the goal of upholding the human rights of Indigenous peoples and restoring and protecting a land base sufficient to ensure their well being and cultural survival; and
- giving immediate priority to Canada's compliance with outstanding recommendations of United Nations treaty bodies in respect to the human rights of Indigenous peoples in Canada. This should include providing federal negotiators with a clear mandate to reach a just settlement of the land rights dispute with the Lubicon Cree in northern Alberta, as has been repeatedly urged by the UN Human Rights Committee.
Canada must work to defend the rights of Indigenous peoples both within Canada and around the world. Strengthened global standards will help address serious instances of abuse experienced by Indigenous peoples in other countries, particularly in Africa, Asia and Latin America, as well as strengthening the protection of Indigenous peoples in Canada. Canada has recently played a constructive role as part of a longstanding UN effort to adopt a Declaration on the Rights of Indigenous Peoples. Amnesty International encourages your government to continue to do so.
Security through Human Rights
Clearly the Canadian government has the right to take action in the face of terrorist threats and keep Canadians safe. In fact, there is a human rights responsibility to do so. At the same time those measures must be in conformity with the full range of international human rights and humanitarian law obligations. Undermining and violating human rights in the name of security leads only to injustice and insecurity. We urge your government to recognize that security for Canadians will be most effectively guaranteed by pursuing policies that fully respect Canada’s human rights obligations. Specifically we ask that you:
- fully support maximum public disclosure of the report and findings of the Commission of Inquiry into the Actions of Canadian Officials in relation to Maher Arar, expected early this spring;
- move immediately to launch a comprehensive, fair, independent and public review of all cases of Canadian citizens, of interest in domestic national security investigations, who have been detained and subjected to human rights abuses abroad;
- reform the immigration security certificate process to ensure full compliance with international fair trial standards;
- amend Canadian law to specify that no person will ever be removed from Canada to a country where he or she faces a serious risk of being tortured;
- carry out a full review of allegations that CIA operated or affiliated private planes have landed at and taken off from Canadian airstrips, to ensure that none of those planes have been involved in activities that contravene international human rights laws;
- amend Canada’s Anti-Terrorism Act to ensure compliance with international human rights requirements; and
- take steps to ensure that no-fly lists adopted by the Canadian, US and other governments are not applied to Canadian originating flights in a manner that leads to human rights violations, including discrimination and arbitrary detention.
Protecting Refugees
Over many centuries, Canada has been a place of refuge for millions of people fleeing devastating wars, repression and economic hardship. Today we count on our refugee policies to ensure that Canada remains a land of safety for women, men and young people escaping human rights violations around the world. And while there is much to commend in Canada’s current laws and institutions, there is also much for concern. Amnesty International urges you to move rapidly to:
- suspend operation of the Canada/US “safe third country” agreement (under which thousands of refugees passing through the United States are barred from making refugee claims in Canada), until such time as it can be reliably demonstrated that refugee claimants denied entry to Canada will not experience human rights violations in the United States;
- fully implement the Immigration and Refugee Protection Act, which was adopted by Parliament in 2001, by establishing the Refugee Appeal Division of the Immigration and Refugee Board with no further delay.
Compliance with UN Recommendations
At regular intervals over the past six years, Amnesty International has developed and published a Human Rights Agenda for the Canadian government. Most recently, in December 2005, we released It is Time to Comply, an update to that agenda. A copy was sent to you and all party leaders at the time. The report highlights Amnesty International’s concern about the government’s failure to comply with a growing number of recommendations for human rights reform directed at Canada by a range of expert UN-level human rights bodies. We have again included a copy of that report and urge your government to move rapidly to ensure that Canada is in full conformity with these and other UN recommendations, many of which are detailed in the sections above.
A New Approach to Implementing Canada’s Human Rights Obligations
Amnesty International has frequently highlighted that Canada’s approach to complying with its international human rights obligations – beginning with decisions about ratifying international human rights treaties and continuing through to the stage of monitoring implementation and compliance – is inadequate. It is not well-coordinated across the federal government or between the federal, provincial and territorial governments. Discussions are generally conducted behind closed doors with little transparency and public accountability. Human rights deserve better. UN human rights bodies agree and have pressed Canada, on many occasions, to develop a new approach.
The Conservative Party electoral platform, Stand up for Canada, proposes putting treaties before parliament before decisions are taken about ratification. In fact, we have received a specific commitment from your party that you will put before parliament the question of Canadian ratification of the Optional Protocol to the UN Convention against Torture. [5]
Amnesty International does support a process which would increase the involvement of parliamentarians and the Canadian public in decisions about ratification. But ratification is only part of the problem. Canada needs a better approach to monitoring compliance with treaties after ratification. Last year, federal, provincial and territorial ministers responsible for human rights agreed that they will hold a meeting in 2006. This will be the first ministerial-level meeting about human rights in Canada since 1988. We urge you to work towards ensuring that meeting adopts a new coordinated, inter-governmental and publicly accountable approach to overseeing implementation of and compliance with Canada’s international human rights obligations.
CONCLUSION
Prime Minister, above all else Canadian law, policy and practice must seek to advance the protection of universal human rights – in Canada and around the world. Please ensure that becomes the consistent refrain of your government, backed up by concrete action across all government departments. Too often we hear about trade over human rights, security over human rights, even peace over human rights. But approaches which relegate human rights to the background or which leave human rights to a later date do not advance the cause of justice; nor ultimately do they further other goals of prosperity, security, or peace.
When governments drafted the Universal Declaration of Human Rights, over fifty-seven years ago, they recognized that “recognition of the inherent dignity and the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.” It was true then and remains true now. Amnesty International urges that this become the hallmark of your government.
We would welcome an opportunity to meet with you to discuss these recommendations further and to begin a dialogue about Canada’s human rights responsibilities.
Sincerely,
| Alex Neve Secretary General Amnesty International Canada (English branch) |
Michel Frenette |
|---|
ANNEX
Afghanistan
Canada has made a strong commitment to Afghanistan, and the situation in that country obviously continues to be of grave concern. Above all else, Afghans crave and deserve security and the rule of law. Canadian troops, diplomats and development initiatives must continue to promote a concept of security that is rooted in basic human rights, including the rights of Afghan women, and supports sustainable reconstruction and development in the country.
China
Grave human rights violations continue to be commonplace in every corner of China. Meanwhile governments, including Canada, actively court Chinese officials and business leaders, hoping to boost levels of trade and investment. The concern grows that governments soft-peddle human rights concerns, so as to not interfere with efforts to secure business deals.
It is time for a comprehensive review of Canada’s foreign policy with China, which should be carried out by the House of Commons Standing Committee on Foreign Affairs. Your government must go beyond the scope of Canada’s current human rights dialogue with China and engage the Chinese government in ways that will accelerate the pace of China’s human rights reform and result in concrete, improved protections for the many Chinese citizens who continue to suffer grave abuses. Your government must also press Canadian businesses dealing with China to put human rights at the centre of their decisions and operations.
Colombia
Congressional and presidential elections are imminent in Colombia. Against a backdrop of impunity, human rights abuses mount in the run-up to those elections, a “democratic security” strategy has imperiled human rights in many parts of the country, and there is a continuing failure to implement UN human rights recommendations. Canada must reconsider its support for Colombia’s deeply flawed demobilization process, which is going forward within the framework of the new Justice and Peace Law but stands to deepen impunity and lay the ground for further human rights abuses.
Côte d’Ivoïre
Once one of the most stable and prosperous nations in Africa, Côte d’Ivoïre has been in crisis for more than three years. The country stands divided between north and south, UN forces struggle to maintain security, and Ivoirians live under a constant shadow of fear that they will be attacked or killed. The international community must do more to address the crisis, including by ensuring that the country’s pro-government Jeunes Patriotes militia are reigned in and held accountable for abuses they commit; and that human rights defenders, in particular journalists, are protected.
Haiti
The situation in Haiti will no doubt be very much on your mind, as Haitians went to the polls the day after you assumed power, and the days following the Haitian election were volatile and did result in some violence. The challenges faced in bringing peace and stability to Haiti are immense. Canada must play a leading role: publicly condemning human rights violations during and after the transition process; demanding that sorely needed police, judicial and penal reforms are fully and promptly implemented (including a comprehensive and nation-wide disarmament, demobilization and reintegration program); and working to ensure the continued presence of the UN Stabilization Mission, with a strong and well-resourced mandate.
Iran
The tragic arrest, torture and death in custody of Canadian citizen Zahra Kazemi in 2003 heightened Canadians’ awareness of the nature and severity of human rights violations in Iran. The Canadian government has taken action, including by championing resolutions at the UN General Assembly condemning Iran’s human rights record. Canada should continue and intensify its multilateral efforts, including within other UN bodies.
Iraq
Almost three years since the US-led military campaign began in Iraq, the country faces extreme insecurity and horrifying human rights abuses remain the daily reality for millions of Iraqis and foreign nationals in the country. The plight of Canadian citizens James Loney and Harmeet Sooden, abducted by an Iraqi armed group in November, is a reminder that the Iraqi crisis can have impact close to home as well. Canada must pursue a vigorous human rights–based approach to the situation in Iraq, pressing all sides to the current conflict to scrupulously and unreservedly conform to international human rights and humanitarian laws.
Israel
The situation in Israel, the Occupied Territories and areas controlled by the Palestinian Authority is particularly volatile and uncertain, with forthcoming Israeli elections and the recent electoral success of Hamas. Human rights must guide and determine Canada’s efforts in the region. Hamas must be pressed unequivocally to abide by international law and permanently abandon its policy of targeting civilians for violence. Canada must also increase pressure on the Israeli government to end human rights violations, including the many harsh policies and practices which are at the heart of the deep discrimination suffered by Palestinians.
Myanmar
The situation in Myanmar is one of the world’s oft-forgotten human rights tragedies. The Myanmar government must forcefully be pressed to release the more than 1100 political prisoners, including Daw Aung San Suu Kyi, enact sorely needed reforms to the justice system, and implement important UN resolutions. Canadian companies operating in Myanmar, notably the Vancouver based Ivanhoe Mines, must be required to do their business in conformity with strong human rights principles.
Nepal
Nepal’s long-overlooked human rights crisis received increased international attention in February 2005 when King Gyanendra’s coup led to sweeping repression in the country. But as the crisis has deepened in recent weeks, it is clear that the world has not done enough. Canada must work with other governments to ensure Nepal becomes a priority for the international community. Nepalese forces and armed Maoist rebels must be forced to abide by international human rights and humanitarian law standards.
Sri Lanka
The recent deterioration in the security situation, coupled with increases in human rights abuses, is of mounting concern. Canada must firmly press both sides to the country’s longstanding conflict - government forces and the Liberation Tigers of Tamil Elam – to live up to the requirements of international human rights and international humanitarian law.
Sudan
The devastating crisis in Sudan’s Darfur area shows no signs of improvement and in fact has again recently worsened. At the same time, the situation in the south of Sudan, while hopeful, remains tenous and in the east is volatile and worrisome. The Canadian government, through appointments such as the Prime Minister’s Special Envoy and the establishment of an inter-departmental task-force on Sudan, has given focused attention to Sudan’s many tragedies. We urge you to continue to make Sudan a priority. It is imperative that Canada work with partners at the United Nations to ensure that the crisis becomes a priority for the Security Council, leading to the “major new international effort” that Secretary General Kofi Annan has called for.
United States
The United States, by virtue of its global power and influence, should set a leading human rights example for the world. Instead, policies and practices in the “war on terror” – such as Guantanamo Bay and the disturbing debate about the prohibition on torture – have been characterized by flagrant disregard for a range of essential human rights principles, sometimes (as in the case of Maher Arar) dramatically impacting on Canadian citizens. Canada needs to raise these concerns more forcefully and publicly with the US government and demand change.
Zimbabwe
The current crisis in Zimbabwe has claimed many victims – human rights activists, political opponents, women, church leaders, journalists, trade unionists, humanitarian workers, and Zimbabweans displaced by their government’s wrenching and chaotic approach to land reform and urban clean-up. In the face of the worsening humanitarian, human rights and economic tragedy that has devastated the country in recent years, it is time for a new, comprehensive Canadian strategy for responding to the crisis in Zimbabwe that builds on the leading role Canada has historically played in southern Africa.
[1] Letter from the Conservative Party of Canada to Amnesty International, Canadian Association of Elizabeth Fry Societies and the Association for the Prevention of Torture, January 5, 2006.
[2] Standing Committee on Foreign Affairs and Intenational Trade, Mining in Developing Countries and Corporate Social Responsibility, June 22, 2005.
[3] Letter to the Canadian Feminist Alliance for International Action, January 18, 2006.
[4] In 1990 and again in 2005, the United Nations Human Rights Committee criticized Canada’s failure to reach a just settlement with the Lubicon Cree.
[5] Letter from the Conservative Party of Canada to Amnesty International, Canadian Association of Elizabeth Fry Societies and the Association for the Prevention of Torture, January 5, 2006.