Thank you, Mr. Chair, and thank you for the invitation to address the distinguished members of the committee today. We welcome your attention to this critical humanitarian issue.
My name is Amy Avis. I'm the general counsel for the Canadian Red Cross. I'm joined today by my colleague Erica See, senior legal adviser.
The Canadian Red Cross is deeply concerned about the ongoing crisis in Afghanistan and the continued barriers to the provision of neutral, impartial and independent humanitarian assistance.
As has been well discussed in this forum, and as was previously highlighted to the committee by the ICRC, the situation in Afghanistan is extremely dire. Afghanistan is currently in the midst of collapse, with communities facing a breakdown of health services and widespread hunger. Acute food shortages fuelled by serious draught, lack of cash, internal displacement and the COVID-19 pandemic have converged on the people in Afghanistan, with some 18 million Afghans in urgent need of humanitarian assistance.
While we recognize and echo the need to take measures to prevent and respond to terrorist activities and other fund diversions, it's also imperative that neutral, impartial and independent humanitarian assistance not be impeded.
The Canadian Red Cross's knowledge and understanding of the complex context and operating environment have been developed with over a decade of work in Afghanistan, in partnership with the Afghan Red Crescent Society. in providing emergency response and health services to vulnerable populations.
Due to the barriers in aid, the Canadian Red Cross operations in Afghanistan are substantially on hold, and we've had to cease all operations. This includes the humanitarian operation for people in emergencies, the HOPE program, which provides critical primary health care services, such as child health, immunization and childbirth and postnatal care, to name just a few. These services are provided across the country through mobile health teams to some of the more remote and difficult areas to access .
The Canadian Red Cross and the Afghan Red Crescent Society are both part of the International Red Cross and Red Crescent movement, comprised of 192 national societies, the ICRC and the IFRC.
Although we're certainly aware that it is not the Government of Canada's intention, it's our understanding that the current legal framework, inclusive of sanctions and anti-terrorism legislation and other regulations, can pose an obstacle to providing humanitarian assistance in Afghanistan. We recognize that solutions can come in a number of forms, so we'll focus our testimony on the principles of what successful solutions can include.
Our recommendations are as follows.
Mindful of the UN Security Council Resolution 2615 in 2021, issue clarification on the scope and focus of the sanctions and expressly state that humanitarian activities or financial transactions in support of these activities would not be a violation of Canadian law, like the U.S. and Australia have done. Action is needed to give force of law in Canada to institute its intent for the resolutions.
Remove further barriers within the sanctions regime. It could also include an express carve-out and that the regimes do not apply to humanitarian aid. This makes the solution applicable beyond Afghanistan.
Provide clarity to the humanitarian sector on permissible action within the current anti-terrorism legislation to combat the chilling effect on non-governmental organizations of the counterterrorism regime.
Various models for actioning this have been discussed at the committee and beyond, such as an MOU or a pre-budget submission. Putting form aside, a successful solution would include direction on permissibility. If it is determined to be appropriate and required, we would finally put forward to undertake a longer-term update of the Criminal Code to expressly and explicitly recognize the carve-outs for providing life-saving activities of neutral and impartial humanitarian assistance.
The complexity of the current situation in Afghanistan presents immense challenges to the Government of Canada and to humanitarian organizations wishing to resume activities to provide life-saving aid. It's our belief that these recommendations could address urgent needs in Afghanistan and set a solid foundation for continued humanitarian action.
Mr. Chair, thank you very much. We look forward to any questions the committee may have.