A Human Rights Agenda for Canada - Critical Recommendations
1. PROTECTING THE RIGHTS OF WOMEN
Address widespread violence and discrimination against Indigenous women in Canada by:
- Fundng comprehensive national research on the nature and scope of the violence
- Working with Indigenous women's organizations to put in place effective protocols for action on cases of missing Indigenous women
- Ensure adequate funding for culturally appropriate support services for Indigenous women, such as shelters and counseling programs, in all regions of Canada
Ensure proper training and monitoring of application of guidelines dealing with refugee claims made by women
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
Implement outstanding recommendations from 2003 report of the UN Committee on the Elimination of Discrimination against Women
Adopt an approach to gender analysis of laws, policies and programs that is consistent across government
Establish specialized policing units to deal with cases of trafficked women and girls
Reform the Live-in Caregiver program, including by reconsidering the live-in requirement, to reduce the vulnerability of women to abuse and exploitation, and ensure that caregivers are covered by employment standards laws across the country
Adopt the recommendations from the recent Canadian Human Rights Commission report dealing with federally-sentenced women prisoners
Establish an independent oversight body for federally-sentenced women prisoners
2. STRONG AND EFFECTIVE REFUGEE PROTECTION
Enact necessary legal provisions to guarantee that no one will ever be expelled from Canada to face a serious risk of torture in another country
Implement the provisions of the Immigration and Refugee Protection Act which establish an appeal procedure for refused refugee claims
Refrain from implementation of the Canada/US Safe Third Country Agreement until US refugee law and practive full conforms to international human rights and refugee law standards.
Increase levels of financial support for UN agencies and humanitarian organizations that provide protection and support to refugees in Africa
Increase levels of resettlement of African refugees to Canada, including by ensuring that African refugees are more broadly able to access protection under the "source country" program
Launch a review of the private sponsorship process by the House of Commons Standing Committee on Citizenship and Immigration
3. HUMAN RIGHTS IN A GLOBAL ECONOMY
Entrench in law the obligation that companies must seek the free, prior and informed consent of Indigenous peoples before commencing or investing in commercial operations or economic development that impacts upon their fundamental rights
Continue to press for a regular and obligatory monitoring procedure as part of the Kimberley Process Certification Scheme for diamonds.
Endorse the Voluntary Principles on Security and Human Rights
During term as chair of the group of 24 donor countries that provide assistance to Colombia, insist forcefully that Colombia comply with outstanding recommendations made by the UN High Commissioner on Human Rights
Work within the UN Commission on Human Rights towards the elaboration and adoption of strong and effective Norms regarding the human rights conduct of businesses
Launch a review of Canada's foreign policy with respect to China, to be conducted by the House of Commons Standing Committee on Foreign Affairs and International Trade
Enact changes to regulations under the Textile Labeling Act, requiring companies to disclose manufacturing locations in a publicly accessible database
Amend the Public Sector Investment Board Act, the Canada Pension Plan Investment Board Act and the Pension Benefits Standards Act requiring pension funds to disclose the extent to which they apply social, environmental and ethical considerations in making investment decisions.
4. COMMITMENT TO THE GLOBAL HUMAN RIGHTS SYSTEM
Ratify the Optional Protocol to the UN Convention against Torture and other forms of Cruel, Inhuman or Degrading Treatment or Punishment
Investigate thoroughly the allegations of beatings in prison made by Albert Duterville
Ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights
Ratify the Convention on the Protection of the Rights of all Migrant Workers and Members of their Families
Ratify the American Convention on Human Rights and other Organization of American States' instruments dealing with the death penalty, economic, social and cultural rights, torture, "disappearances" and violence against women.
Exercise strong leadership to ensure that concerns about disarmament, policing and the administration of justice in Haiti are addressed
Actively support the establishment of an individual complaint process under the International Covenant on Economic, Social and Cultural Rights
Develop a comprehensive policy on the human rights crisis in Zimbabwe, championed by the appointment of a Special Representative.
Convene a meeting of federal, provincial and territorial ministers with responsibility for human rights, with one express aim being to establish a publicly accountable and authoritative intergovernmental body to monitor and coordinate compliance with Canada's international human rights obligations
Champion a reform agenda for the UN Commission on Human Rights, backed up by a clear Canadian approach to the Commission that is guided by human rights principles and not political considerations
Devote adequate resources and political will to ensure that prosecutions are preferred as a matter of policy and practice over immigration remedies when dealing with cases of accused war criminals and perpetrators of crimes against humanity present in Canada
Move forward with investigations of allegations of war crimes and crimes against humanity against former members of the South Lebanese Army currently resident in Canada.
Amend Canadian law to ensure that state immunity is not available as a defence in cases seeking compensation for serious international crimes such as war crimes, crimes against humanity, torture, extrajudicial executions, and "disappearances".
5. THE FUNDAMENTAL HUMAN RIGHTS OF INDIGENOUS PEOPLES
Firmly commit to fair and timely settlement of outstanding land and treaty disputes that put the enjoyment of fundamental human rights in jeopardy, including the situation of the Lubicon Cree.
Enshrine in Canadian law the international legal principle that no decisions affecting the rights of Indigenous peoples shall be taken without their free, prior and informed consent
Launch a national review of procedures available for public complaints against police forces across the country to identify gaps and highlight reforms needed to ensure that complaints procedures are responsive to the situation of Indigenous peoples
Work closely with Indigenous peoples' organizations and other governments to ensure that real progress is made towards the adoption of a strong and effective UN Declaration on the Rights of Indigenous Peoples before the end of the International Decade of the World's Indigenous Peoples on December 31, 2004.
6. HUMAN RIGHTS AND SECURITY
Ensure that the public inquiry into the case of Maher Arar is truly open to the public and that information is only withheld from the public when strictly necessary for national security reasons
Establish an independent process for the investigation and review of allegations made by other individuals of possible Canadian involvement in human rights violations suffered abroad
Develop a human rights protocol to guide Canada's security and information-sharing relationships with other countries
Reform the security certificate process under the Immigration and Refugee Protection Act to conform with international fair trial standards
Ensure that the upcoming three-year review mandated under the Anti-Terrorism Act broadly encompasses the full range of anti-terrorism measures adopted federally and provincially
Work towards the establishment of a special mechanism within the UN Commission on Human Rights to monitor the global impact on human rights of counter-terrorism measures adopted by states
Actively support the draft Framework Convention on International Arms Transfers
Reform Canadian law to require permits or licenses for all military and security exports from Canada to the United States.