Canada
12 January 2004
Letter concerning Canada's commitment to the inter-American human rights system
In advance of the upcoming Monterrey Special Summit of the Americas, we are writing on behalf of our three organizations to underscore the critical importance of Canada taking concrete steps to strengthen its human rights engagement within this hemisphere. Amnesty International, Rights & Democracy and the Association Québécoise des organismes de coopération internationale (AQOCI) have long advocated Canada's ratification of the American Convention on Human Rights (ACHR), its two additional Protocols (on the abolition of the Death Penalty and on Economic, Social and Cultural Rights), as well as the other inter-American instruments for human rights protection (on violence against women, on torture and on forced disappearances). On the eve of the Summit, promoting Canada's commitment to the strengthening of the inter-American human rights system is a priority for all of our organizations.
We are writing to you to request that the Canadian Government take all the necessary steps to facilitate the universal adoption of all inter-American human rights instruments. In the short term, these steps include: (1) the commissioning of comprehensive research on Canada's options for ratification that address the problems posed by Article 4.1 of the ACHR and that secure women's rights to reproductive and sexual autonomy; and (2) the holding of open consultations with Canadian civil society to discuss the merits of Canadian ratification of the entire family of inter-American human rights instruments.
Over the past ten years, hemispheric economic integration has turned into a key issue of inter-American affairs. A Free Trade Zone of the Americas (FTAA) has been a central component of the Summit Process launched in 1994, while bilateral and sub-regional arrangements have progressed significantly. This multi-level process will continue to shape hemispheric dynamics. Parallel to this process, hemispheric cooperation in the security sector has intensified, as illustrated by the recent adoption of the Inter-American Convention to Prevent, Punish and Combat Terrorism (2001) and the Declaration on Hemispheric Security (2003).
Canada remains a key hemispheric player in advancing both the economic and security agendas. However, Canadian contributions to the emerging Community of the Americas have not been accompanied by a consistent effort to clarify and strengthen Canada's commitment to the inter-American human rights system. The important subject of the Canadian ratification of inter-American human rights instruments has not been openly debated and confusion reigns about the respective concerns of provincial and federal governments.
At the Quebec Summit of the Americas in April 2001, there was a failure to achieve consensus about Canadian ratification of inter-American human rights instruments. Subsequently, the issue seems to have been relegated to the bottom of the list of governmental priorities. However, there are indications that this trend could be reversed. One was the announcement by Bill Graham, the Minister of Foreign Affairs, at the 2003 General Assembly of the Organization of American States that the possibility of Canada ratifying the ACHR would be re-evaluated, which he repeated at a meeting with civil society in Ottawa on December 16.
Increasingly, human rights groups feel Canadians could benefit from Canada's simultaneous ratification of the entire family of inter-American human rights instruments. Conversely, there is widespread agreement that people across the Americas would gain from Canada's active engagement with the regional human rights system.
The idea that the universal adoption of the inter-American human rights system is central to the democratic, equitable and viable character of any Community of the Americas is gaining importance. This issue is intrinsically related to concerns expressed by numerous human rights defenders with respect to the economic integration process and hemispheric cooperation on security. This interest was reinforced by a recent report of the Senate Standing Committee on Human Rights, whose main conclusion is that Canada should ratify the key inter-American human rights instruments with the necessary reservations and statements of understanding.
In this debate, the problems posed by the wording of Article 4.1 of the ACHR on the Right to Life are of critical importance. This article of the ACHR explicitly guarantees the right to life "in general, from the moment of conception." It is a shared view that Article 4.1 stands as a significant obstacle to ratification of the ACHR since it can be interpreted in a manner that seriously interferes with a woman's right to life, liberty and security of the person as understood in Canadian law - an interpretation that would cause serious damage to the human rights of Canadian women.
For this reason, support for Canadian ratification of the ACHR has been conditional on the adoption of specific safeguards that will effectively protect women's reproductive and sexual autonomy. To sign on to the Convention without specific, carefully researched safeguards could represent an unacceptable setback to women's equality rights. The Senate Standing Committee on Human Rights has also recognized this fact and recommended that ratification be undertaken with special measures to ensure the protection of women's right to abortion.
In sum, since the Quebec Summit of the Americas, there has been increased attention and sensitivity with respect to two main issues: (1) the Canadian government's commitment to the centrality of human rights in its active effort to construct an integrated hemisphere and (2) its determination to promote and protect the reproductive rights of Canadian women.
The Special Summit of the Americas that will take place in a few days will focus on Democratic Governance, Economic Growth with Equity and Social Development. As it is our view that none of these important objectives can be attained without unconditional and effective respect for all human rights, we urge the Canadian Government to take the necessary steps to clarify its commitment to the regional institutions that were created to promote and protect these rights.
These necessary steps include in the short term:
The public affirmation of Canada's principle commitment to the strengthening of the inter-American human rights system, which implies a responsibility to facilitate the universal adoption of all inter-American human rights instruments;
The commissioning of comprehensive research on the options for ratification that address article 4.1 and women's rights to reproductive and sexual autonomy. This implies a solid evaluation of the respective merits of reservations, interpretive declarations, conditional interpretive declarations, as well as other possible means to achieve this objective.
The launching of an open and transparent dialogue process with Canadian civil society on the merits of Canada ratifying the entire family of inter-American human rights instruments. In this participatory process, the views of women's rights groups in Canada regarding the manner in which Canadian ratification of the ACHR would best protect the basic human rights of women will be crucial.
We trust that you will give due consideration to this request in the context of your participation in the Monterrey Summit of the Americas and upon your return.
Sincerely
Alex Neve
Secretary General
Amnesty International Canada
English Branch
Jean-Louis Roy
President
Rights & Democracy
Maria-Luisa Monreal
Director General
l'Association Québécoise des organismes de coopération internationale