Afghanistan Committee on Jan. 31st, 2022

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you very much, Mr. Chair.

I first want to thank both witnesses for your organizations' incredible work during this very difficult time and, of course, not just during this humanitarian crisis, but in many humanitarian crises across the globe.

In terms of the situation before us, the committee is charged with looking at the humanitarian aid piece, of course, as well as the issue around providing resettlement support for Afghans. I'll leave the latter piece aside.

We were just talking about the issue around carve-outs, the issue around humanitarian aid at the scale of need, and the crisis that currently exists in Afghanistan. I wonder if both witnesses can give us some very specific actions that the Canadian government could do.

I recognize that in 2021 humanitarian aid was provided, but you just mentioned that in 2022 $4 billion is needed. For example, what do you think the Canadian government needs to do in that regard to address that aspect of it, and then, further to that, on the carve-out question and the larger economy question?

[The Chair, Liberal, Sukh Dhaliwal]

Thank you.

Who wants to go first?

Mr. Aylieff, do you want to take this? Go ahead.

[John Aylieff]

Thank you, Mr. Chair.

Thank you, Ms. Kwan, for the question.

I'd like to recognize the carve-outs being critical in allowing us to operate. In terms of what Canada could do, I'd like to also recognize what Canada has already done, which goes beyond the funding support that I mentioned for 2021 and the $65.5 million Canadian that has been provided since August 15 for the region. I'd like to recognize that first of all.

What lies before us is a major crisis, and I would say two things.

First, the international community collectively, unfortunately, needs to step up even more. As I said, the prospects of running out of funding as a humanitarian community are absolutely terrifying. One million children at risk of dying is only the beginning. We're already seeing utter desperation out there. People are selling their children into early marriages. People are out with their goods on the streets, selling their carpets. People are borrowing money. We're seeing a horrendous situation unfolding. Collectively, with the international community, a way needs to be found to mobilize more humanitarian funding.

The other thing I would add for Canada, if I may—again, lauding your focus on women and girls over the past few years as a key pillar of your aid program—is that there is no better country at the moment to be focusing on women and girls than Afghanistan. The plight of women and girls is much talked about, but the funding flow for programs supporting women and girls needs to be increased. With its special knowledge and track record in this area, if Canada could focus on women and girls, that would be a recommendation to the committee.

[The Chair, Liberal, Sukh Dhaliwal]

Mr. Hamilton, do you have something to say? Otherwise, I will go back to Madam Kwan.

[Patrick Hamilton]

Yes, if I may, Mr. Chair. That would be appreciated.

Thank you, Ms. Kwan.

In reference to the carve-outs, the UN carve-outs are a really significant step forward. What we would certainly encourage the Canadian government to do now is look at how those carve-outs at the UN are reflected in Canada's domestic legislation, and to ensure that humanitarian organizations like ourselves and our programming are adequately protected from the sanctions regimes that we talked about. The ICRC would be very happy to engage with the Canadian government on how that might be realized, having developed quite some expertise in the area of sanctions and carve-outs over recent years.

Likewise, Canadian governmental funding to humanitarian organizations is incredibly important, as Mr. Aylieff rightly states. That being said, we are firmly of the belief, as we mentioned at the top, that humanitarian action won't be enough in these circumstances. There is a need to work with other international allies and partners to ensure that liquidity is enabled into the Afghan market once again and that it is able to begin to function also through the provision of essential services. In particular, this is through providing those essential services that target women and children, be it through education or health services where we have likewise been investing, in particular in maternity hospitals and training facilities, including those for doctors and nurses, which are first and foremost staffed by women.

As Mr. Aylieff says, these are the areas in particular where the Canadian government can be a very significant support to Afghans at this point in time.

[The Chair, Liberal, Sukh Dhaliwal]

Madam Kwan, you have one more minute.

[Jenny Kwan, NDP, Vancouver East, BC]

Mr. Hamilton, I want to touch on our local Canadian regulations, if you will.

Are you speaking specifically to section 83.03 of the Criminal Code, whereunder organizations and staff could be deemed as financing terrorism and lose their charitable status if they engage in humanitarian work? On that note, have there been any conversations with the Canadian government about providing an exemption to organizations such as yours?

[Patrick Hamilton]

It's partly in reference to that, but not only that. We see a broader need for UN Resolution 2615 to be further integrated into Canadian domestic legislation more broadly to ensure that it is brought fully into line with international humanitarian law, or IHL.

However, the article you referenced is also a consideration, and it is something that we are interested in having further engagement with the Canadian government on going forward. This is certainly an area in which we are interested in continuing conversations.

[The Chair, Liberal, Sukh Dhaliwal]

Thank you.

Madam Kwan, your time is up, but you have 20 seconds to ask Mr. Aylieff a quick question.

[Jenny Kwan, NDP, Vancouver East, BC]

Just to follow up on that, Mr. Hamilton, have there been any conversations currently with the Canadian government on those provisions that you spoke about?

[John Aylieff]

Yes, we have had certain dialogues with Global Affairs Canada on the issue, more to aid our understanding and to ensure we're in line at the moment with those provisions in your law as we implement Canadian-funded programs in Afghanistan.

[Jenny Kwan, NDP, Vancouver East, BC]

Mr. Hamilton, has there been ongoing conversation right now?

[The Chair, Liberal, Sukh Dhaliwal]

Could we have a quick answer, please?

[Patrick Hamilton]

Thank you, Mr. Chair.

Yes, I can confirm that we are in the process of discussing the sanctions legislation with Global Affairs Canada.

[Jenny Kwan, NDP, Vancouver East, BC]

And the response...?

[The Chair, Liberal, Sukh Dhaliwal]

Thank you, Madam Kwan. That's seven minutes and 32 seconds.

I would like to call this panel to an end because it's 4:45, so it would only be fair to the second panel if they can be here for 45 minutes. I hope all the members are in agreement.

On behalf of all the members, I want to thank both witnesses, Mr. Aylieff and Mr. Hamilton, for the excellent information.

If you want to submit in writing anything that you know you have not covered, or if our members have asked a question that you would have responded differently to, we would welcome that. Thank you, and all the best to you.

We will suspend for a few minutes before we go to the witnesses on the second panel.

[The Chair, Liberal, Sukh Dhaliwal]

I call the meeting back to order. Thank you very much.

I would like to make a few comments for the benefit of the new witnesses, whom I want to welcome to the committee.

Before speaking, please wait until I recognize you by name. When you are ready to speak, you can click on the microphone icon to activate your mike. I would remind you that all comments should be addressed through the chair. Interpretation in this video conference will work very much like at a regular committee meeting. You have the choice at the bottom of your screen of either the floor, English or French audio. When speaking, please speak slowly and clearly. When you are not speaking, your mike should be on mute.

I would now like to welcome our witnesses and express our appreciation for your being with us this evening, or this morning in Kabul. Many of you have agreed to come on short notice, which we appreciate. I will also note that some of you are currently, as I said, in other time zones, where it is quite late or early, so thank you for being here.

From the Office of the United Nations High Commissioner for Refugees, we have Mr. Ratwatte and Ms. Imseis; from the United Nations Assistance Mission in Afghanistan, Dr. George Varughese; and from World Vision Canada, Mr. Messenger and Ms. McKinlay.

Mr. Ratwatte, I will give you the floor.

You have five minutes between each organization. Please keep the time in mind, because I don't want you to be cut off. Make it five minutes sharp so we can finish this off, please.

Go ahead, Mr. Ratwatte.

[Indrika Ratwatte, Director, Regional Bureau of Asia and the Pacific, Office of the United Nations High Commissioner for Refugees]

Thank you, Chair and honourable members, for giving us the opportunity to talk to you.

Since the events of last August, UNHCR and other organizations working on the ground have been warning of a humanitarian catastrophe in Afghanistan and the risks of further displacement.

The collapsing economy, deepening poverty, and the most severe drought and crippling food shortages seen in decades are pushing over half of Afghanistan's population, as we know, into extreme levels of hunger. The situation is especially tenuous for the 3.4 million people who remain displaced due to conflict within the country, 80% of whom are women and children.

Together with our partners, UNHCR has stayed and delivered in Afghanistan throughout the tumult of 2021, assisting close to one million Afghans with cash assistance, emergency shelter and essential relief items. Amidst harsh winter conditions, humanitarian response has become even more critical than ever before. UNHCR has scaled up its field presence with the deployment of 264 additional staff in the region, including 69 international staff, bringing our footprint to a total of 337 in the country.

Thanks to the support received, we are already seeing some glimmers of hope despite the challenges. An estimated 170,000 internally displaced Afghans have returned home since August 2021, buoyed by the fact that many parts of the country are more secure than they were before, due to the end of the conflict. As the international community, we must seize such opportunities to ensure that the hard-earned gains of the last 20 years do not fall away.

Despite the uncertain situation in Afghanistan, we cannot forget the Afghans who also previously fled the country and are being hosted in neighbouring countries. Iran and Pakistan, notably, have continued to host over 2.2 million registered Afghan refugees and over four million other Afghans for over four decades. Despite facing their own security concerns and socio-economic challenges, further compounded by COVID, they have pursued inclusive policies towards refugees, particularly in the areas of education and health care. Their generosity cannot be taken for granted, and support for host countries must be increased. To this end, UNHCR, complementing the HRP that was launched for Afghanistan, in January launched a regional refugee response plan requesting some $623 million to support Afghan refugees, as well as the host communities in neighbouring countries.

Over the last year, UNHCR has recorded that some 160,000 Afghans have sought international protection in neighbouring countries. Many more Afghans find the present situation untenable and continue to use irregular means to reach neighbouring countries. UNHCR remains very concerned about the risk of continued human rights violations against civilians in Afghanistan—particularly women and girl children—in this evolving context. Given the fluidity of the situation and the debilitating conditions inside the country, the risk remains high that increasing numbers may feel compelled to flee the country and move onwards within and outside the region.

It is with this in mind that UNHCR's work in the region, underpinned by the solutions strategy for Afghan refugees, also remains focused on solutions. While life-saving humanitarian assistance in Afghanistan is required and essential to address the most urgent needs, complementing this with programs to stabilize Afghan populations in Afghanistan and refugees in neighbouring countries remains equally critical. These programs require humanitarian and development resources, which are crucial to averting a deepening of the crisis and to maintain a focus on building resilient communities and pursuing solutions. That being the case, UNHCR and partners have adopted a community-focused, area-based approach in 55 priority districts in Afghanistan focusing mainly on investing in basic services such as access to health, education and livelihoods that benefit all Afghans—including the internally displaced and returnees—with a view to stabilizing communities and mitigating further displacement.

In the same vein, resettlement will remain a critical protection and solutions tool for individuals with acute protection needs, preserved as a life-saving mechanism for those with heightened vulnerabilities. A significant increase in UNHCR's resettlement capacity in neighbouring countries has been initiated already, with 164 staff deployed in the first quarter of 2022 to enhance resettlement from those countries.

UNHCR welcomes Canada's commitment to expand third country solutions for Afghan refugees through resettlement and other pathways. These spaces are extremely valuable for Afghan refugees who have previously arrived and for those who are arriving now and have arrived more recently. To this end, UNHCR is grateful for Canada's pilot economic mobility pathways project aimed at expanding labour mobility pathways.

Finally, UNHCR is grateful for Canada's deep commitment and support and stands ready to continue our valued partnership with the Government of Canada to ensure that the humanitarian assistance and third country pathways continue to address the most acute needs of Afghans, but we can and must do more in Afghanistan's greatest hour of need.

Thank you.

[The Chair, Liberal, Sukh Dhaliwal]

Thank you very much, Mr. Ratwatte. When you answer the questions, if you could hold your mike closer to your mouth, that will help the interpreters.

I'm now going to go to the next panellist. From the United Nations Assistance Mission in Afghanistan, we have Mr. Varughese.

Go ahead for five minutes, please.

[Dr. George Varughese, Principal Adviser, Humanitarian and Development Assistance, United Nations Assistance Mission in Afghanistan]

Thank you, honourable chairman, committee members, excellencies and friends of Afghanistan. Greetings from Kabul and the United Nations Assistance Mission in Afghanistan this morning.

It is a privilege for me to brief the honourable House. I should like to proceed by summarizing important contextual factors and highlighting critical humanitarian needs. I'll then list what the UN humanitarian partners have delivered thus far, and end with current developments and our plans to continue to support the people of Afghanistan in this time of need.

When the events around August 15 occurred, the international community's humanitarian development and peace initiatives were already confronting persistent insecurity and varying levels of conflict. The erosion and illegitimacy of the incoming government amidst pandemic and other governance crises, recurring climatic stresses, especially consecutive drought seasons, and the extreme aid dependency and the low economic productivity of the country meant that economic sanctions impacted instantaneously and resulted in a sudden and severe economic collapse. Sanctions continue to affect the economic recovery. Banking and the private sector continue to display this chilling effect. Development partners, especially NGOs, struggle to bring in funds in adequate measure. There is a record displacement of 9.2 million people in and around Afghanistan. The loss of educated, technically competent Afghans is a significant constraint on future recovery.

As others have said, Afghanistan is facing a catastrophic, yet preventable, humanitarian crisis. Severe drought and disruptions to agricultural production have increased the risk of food insecurity and water shortages. One in two people do not know where their next meal is coming from. One in four pregnant women and one in two children are malnourished. Over half the population needs humanitarian and protection assistance; of these, 11.8 million are women and girls.

Afghanistan's health care system is facing severe shortages of medical supplies, fuel to heat hospitals and food and money for staff. This is while the health care system is confronting five outbreaks: acute watery diarrhea, measles, polio, malaria and COVID-19.

As many of you know, the UN launched a flash humanitarian appeal in September and raised $1 billion to support humanitarian efforts. As a result, 18 million Afghans received life-saving assistance; 10 million of those received food assistance and eight million of those also received health care, primary and secondary services; 275,000 children under five were treated for acute malnutrition; and half a million people were provided with water and sanitation assistance.

The UN has worked through 158 partners, alongside other international and national NGOs, civil society and community-based organizations.

To address the critical nature of the Afghan crisis, the United Nations Security Council also adopted a new resolution on December 22, 2021, that helps expand assistance from humanitarian to basic human needs. The issuance of new general licences by the U.S. Department of the Treasury that align with the UN Security Council resolution also assists in expanding the scope of assistance from purely humanitarian to the inclusion of essential services for Afghans in need.

Similarly, growing support from the member states of the Organisation of Islamic Cooperation is an additional and important source of assistance to help mitigate the Afghan crisis in the coming years.

Some recent developments that I wish to brief you on include two recent international events in Kabul that were organized by the de facto administration. The first was organized to discuss humanitarian assistance with partners. The second was organized to present the de facto administration's economic recovery plans. These are forms of engagement that the de facto administration has begun to ramp up. At each of these events, the UN and its partners have emphasized that women's and girls' rights are critical to Afghanistan's political stability, security, economic development and chances of building lasting peace. Without the full participation of women, Afghanistan's GDP has been estimated to drop quite significantly.

We are concerned that gender inequality continues to shape the humanitarian crisis. Women and girls have seen a rapid deterioration of their rights, including their rights to freedom of movement, to work and to access all levels of education. We will continue to promote and advocate for the rights of women and girls in all of our engagements with the de facto authorities.

The recent engagement of the de facto administration with Afghan domestic and diaspora civil society in Oslo is encouraging.

Another new development is the appointment yesterday of the chief of the Afghan public maternity hospital, Dr. Malala Faizi, who has become the first woman official in the administration. As you all know, a Hazara was appointed as a deputy minister of the economy earlier on.

Going forward, honourable members and chair, the UN and humanitarian partners will use what is called a “One-UN Transitional Engagement Framework” for Afghanistan, which we launched on January 26 of this year. Three strategic priorities will guide the transitional engagement framework as the UN system adapts to the new environment and as conditions become more conducive in the spring. These priorities are life-saving assistance, sustenance of essential services, such as health and education, and the preservation of social investments and community level systems essential to meeting basic needs.

As the prior speaker said, the life-saving assistance is supported by a humanitarian appeal of $4.4 billion. If ramped up, this assistance will provide the delivery of life-saving food and agricultural support, health services, nutrition, emergency shelter protection, water and sanitation and education. In addition, we will focus on another two objectives of sustaining essential services such as health and education, supporting community systems and creating opportunities for young people, with a requirement of about $3.6 billion.

As the world comes together in aid of—

[The Chair, Liberal, Sukh Dhaliwal]

Thank you, Mr. Varughese. You are at six and a half minutes.

[Dr. George Varughese]

I will conclude. Thank you.

Moving forward within this quarter, we will prepare a joint reporting mechanism, as well as a risk management matrix across the UN, and focus on coherence across the funding mechanism.

I conclude my briefing with thanks to the people and the Government of Canada for the recent assistance of the $50 million in Canadian dollars pledged to support this.

Thank you very much.

[The Chair, Liberal, Sukh Dhaliwal]

Thank you.

We will go to World Vision Canada with Mr. Messenger and Ms. McKinlay.

You have five minutes to speak. Please go ahead.

[Michael Messenger, President and Chief Executive Officer, World Vision Canada]

Thank you, Mr. Chair, for inviting World Vision Canada to contribute today. I'm joined by my colleague Julie McKinlay, who is our liaison with our colleagues in Afghanistan.

World Vision began emergency relief operations in Afghanistan in 2001. More than a decade later, our programs have expanded to sectors that include health, nutrition and child protection. We work with such donors as UNICEF, the World Food Programme and the UN Office for the Coordination of Humanitarian Affairs. We've partnered with Global Affairs Canada as well as the EU, U.S., German, Australian and U.K. aid agencies.

In March 2019, just two years ago, I visited our team in Afghanistan. Even then, humanitarian assistance was critical to help vulnerable populations survive in the face of a growing food crisis. I also witnessed development work that was tackling the root causes of poverty. I left the country encouraged by the progress I saw, and by how Canadians had helped us bring about positive changes, and yet was overwhelmed by the scale of the need and worried about the future. Those needs are so much greater today.

We want to convey two key messages. First, the children of Afghanistan are facing a dire humanitarian emergency that is only getting worse. We must ensure that assistance reaches those who are suffering. Second, we urgently need to tackle legal barriers that are preventing Canadian organizations from providing humanitarian assistance.

Children in Afghanistan are in crisis. Over half of all children under five suffer from acute malnutrition. Afghanistan today has the highest number of people facing emergency food insecurity in the world. That's a terrifying 35% increase from the same time just last year. According to the Watchlist on Children and Armed Conflict, Afghanistan is the most dangerous country in the world to be a child. They are subject to grave human rights violations, including attacks on schools and hospitals, physical and sexual violence, and inequality for girls. Millions of children in Afghanistan are growing up knowing little beyond conflict, displacement and multi-dimensional poverty. As the economic crisis deepens, households, as we've already heard, are being forced to adopt extreme coping strategies. Our teams have also told us of families selling their daughters for future marriage in return for payment.

That's why I want to turn to our second point. Canadian laws are preventing Canadian-based organizations like ours from getting the most assistance we can to Afghan families. You have heard from other witnesses about the sanctions carve-out internationally. We can speak from a Canadian organizational perspective on where there is a critical gap.

At World Vision Canada, we have funding and supplies that are needed now but that we cannot send to our teams on the ground. As just one example, we had two containers ready to ship full of packets of ready-to-use therapeutic food, which is used to treat children facing the severest forms of malnutrition. This medicine can literally bring children back from the brink of death by starvation. Our teams on the ground pleaded with us to rush this food to our clinics. Each container could help more than 900 children. It was heartbreaking that we had to say no.

This is because the Taliban is on Canada's Anti-terrorism Act's list of terrorist entities. The view is that payment of direct or indirect taxes or fees to them in any form, even for goods like these, would be in violation of this Canadian law. Canada's Criminal Code section 83.03 and related provisions are also specific. Charities, organizations and other persons are prohibited from directly or indirectly facilitating “any transaction in respect of property” that is controlled on behalf of an identified terrorist group.

We urge Canada to take whatever steps are necessary to allow Canadian humanitarian assistance to flow to those in need. The UN Security Council resolved in December that aid to Afghanistan should flow even in the face of anti-terrorism sanctions, but Canada is out of step. Based on external legal advice, our understanding is that the Minister of Public Safety could provide an exemption to the restrictive provisions through section 83.09 of the Criminal Code. In fact, we believe he and his department have an urgent obligation to do so.

There are other countries with similar laws that have recently made exemptions or adopted a more pragmatic and flexible approach to get assistance into Afghanistan. In fact, in World Vision's global federation, Canada is currently the only office that is unable to provide funds or goods to that country.

We urge the government to find a solution that would allow Canadian organizations to meet their humanitarian imperative and deliver assistance in Afghanistan without facing the risk of criminal sanctions. We should take whatever steps are possible so that the counterterrorism provisions do not undermine the delivery of neutral, impartial and desperately needed humanitarian assistance.

Thank you for the opportunity to speak with you today.

[The Chair, Liberal, Sukh Dhaliwal]

Thank you, Mr. Messenger. That was well under five minutes.

Now we have 19 minutes left and have four spots to speak, so I will give five minutes to each party if we are all in agreement.

The first will go to the Conservatives. I see that my own member of Parliament, Ms. Findlay, is here.

It's between you and Mr. Hallan and Mr. Chong to decide for those five minutes.

Who wants to go first?