Canadian Regulations
CANATUAN, PHILIPPINES: The tailings dam of Canadian miner TVI Pacific's Canatuan gold and silver mining operations rises at the former course of a diverted mountain stream in the southern Philippines 13 May 2006. JAY DIRECTO/AFP/Getty Images
Although Canada has legislation governing the human rights performance of Canadian companies operating in Canada, we lack legislation to hold Canadian transnational companies accountable for human rights violations that may occur in their overseas operations. (An exception to this is Canada's Crimes Against Humanity and War Crimes Act, which can be used to hold Canadian transnational companies accountable for complicity in war crimes, genocide and crimes against humanity).
Canadian companies with overseas operations must comply with the laws of the host country; however, many countries have laws that are weak, non-existent, or inadequately enforced. As a result, Canadian companies may sometimes fail to respect human rights in their overseas operations - and get away with it.
Recognizing this concern, the House of Commons Standing Committee on Foreign Affairs and International Trade (SCFAIT) adopted a report in June 2005 stating that more must be done to ensure that Canadian mining companies conduct their activities in a socially and environmentally responsible manner and in conformity with international human rights standards. The Standing Committee's report includes a set of recommendations for the Canadian government.
In October 2005, the Canadian Government responded to the Standing Committee's recommendations. Overall, Amnesty International was disappointed with the Government's response, which failed to move beyond voluntary measures to ensure that Canadian companies respect human rights overseas. Amnesty's position is reflected in the paper "Moving Beyond Voluntarism" that was published collaboratively by civil society groups across Canada.
Amnesty Canada is urging the Canadian government to put in place legal mechanisms to ensure that Canadian transnational companies respect all human rights in their overseas operations. This includes civil and political rights, as well as economic, social and cultural rights.
Government Roundtables
One of the recommendations the SCFAIT report made called for the adoption of mechanisms, in Canada, by which Canadian companies could be held accountable for the violation of human, indigenous or environmental rights in developing countries. Through the summer and fall of 2006, the government held public consultations (called roundtables) in cities across the country. The goal of the roundtables was to examine what could be done to improve corporate social responsibility (CSR) among Canadian oil, gas and mining companies operating in developing countries. The government prepared a discussion paper to help guide discussions.
The first roundtable was held in Vancouver in June 2006. A number of Amnesty International members and volunteers participated in this meeting.
The next three roundtables were held in Toronto, Calgary and Montreal, and the public was invited to make short presentations to the committee.
On March 29, the National CSR Roundtable Advisory Group - made up of industry and civil society participants - released its set of recommendations. The recommendations that appear in this historic report were unanimously agreed to by all participants.
Three main recommendations are before the Canadian government:
- To establish a Government of Canada corporate social responsibility framework that all Canadian extractive-sector companies must adhere to;
- To establish an ombudsman office as a way to ensure industry compliance with the standards and the promotion of best practices among extractives sector companies;
- To provide a mechanism for sanctions in cases of serious non-compliance with the CSR standards, such as a withdrawal of financial and/or non-financial services by the Government of Canada
Despite having received the recommendations nearly one year ago, the Government of Canada has yet to take action on them. Amnesty is calling on the Government to adopt the full set of recommendations without delay.
Amnesty believes that mandatory, not voluntary, rules are required to ensure that Canadian companies operating in developing countries meet the highest human rights and environmental standards and benchmarks everywhere. Indeed, voluntary mechanisms have not proven to be enough to protect all human rights everywhere. By adopting these recommendations, Canada has a unique opportunity to demonstrate that Canada is a global leader in corporate social responsibility and human rights.
Amnesty International Canada - English Speaking Section, is a member of the Canadian Network on Corporate Accountability (CNCA).
Download and sign the CNCA petition on Canadian Corporate Social Responsibility on the Halifax Initiative website here
Updated: 18 December 2007