Mr. Chair, members of the committee, I want to first thank you for the opportunity to appear before you today, respecting this important issue.
As you know, I served as president of Rights and Democracy from 1997 to 2002. Furthermore, I was a member of Parliament in 1988, when the centre was established by an act of Parliament. Today I want to speak about the mandate of the centre, its independence, how that independence was exercised during my mandate, its accountability and transparency, the relationship between the president and the board, and the relationship between the centre and the government. I will also comment on how much of this has changed since March 2009, with the appointment of several directors, including Aurel Braun as the chair of the board.
The mandate of the centre is set out in section 4 of the law. In a nutshell, it is to defend and promote democracy and human rights, and in particular those rights set out in the International Bill of Human Rights. In other words, the governing imperative for the centre is the International Bill of Human Rights. The governing imperative is not the foreign policy of Canada, it is not the foreign policy of the United States, and it certainly is not the foreign policy of Israel. The centre is directed by law to be totally independent in pursuing that mandate and pursuing that governance imperative.
Rights and Democracy therefore carries the flag of human rights. It doesn't carry the flag of Canada, the United States, or Israel. It has the mandate to monitor and condemn human rights violations as it sees them anywhere in the world, including Canada. In this respect, the centre is to act independently, at arm's length with respect to all governments and all political parties. This is set out in various ways in the Rights and Democracy statute and bylaws.
According to section 22, the centre is not an agency of Her Majesty. That's the government. Section 23 states that the chair or the president or the directors are not part of the Public Service of Canada. Section 19 indicates that the head office shall be in Montreal, not in Ottawa, where you have the head of government. Section 28 states that the centre was to receive committed five-year funding to ensure its independence. Furthermore, in appointing the Canadian directors, the minister must consult with the leader of the opposition and the leader of every other recognized party in the House of Commons. In addition, in appointing the chair and the president, the minister must also consult with the existing board of directors, once again to ensure the centre's independence and the pre-eminence of its mandate.
When Joe Clark, a Conservative minister, appointed Ed Broadbent, a New Democrat, as the first president in 1990, he set an example for this principle of independence. He appointed a person not of his party whom he knew as a champion of human rights. Once appointed, Ed's governance imperative was the International Bill of Human Rights, not the policies of the Government of Canada, not the policies of the NDP.
Of course, the purpose of this independence is that it gives credibility to the centre, credibility in dealing with other governments, credibility in dealing with international bodies, and credibility in dealing with other human rights organizations. The principle of independence, in turn, is reinforced by the UN Paris Principles, by the UN Declaration on Human Rights Defenders, and by the Vienna Declaration on Human Rights of 1993, which states: “The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis.” In other words, you don't pick and choose, supporting some rights here and other rights there, or varying the enforcement of human rights from country to country.
How was this independence exercised during my mandate as president? Of course we had people on the board who came from different professional, social, ethnic, religious, and political backgrounds. But when they came to the board, they were committed to the mandate of the centre and acted as such in their decision-making. There were times when we differed with the government of the day and we criticized their policies, as we did with respect to the WTO, the Inter-American free trade zone, the ratification of the American Convention on Human Rights, and the implementation of economic, social, and cultural rights, including the right to water and the right to food.
However, despite these public differences and criticism, there was no attempt to silence us, to pack our board with other points of view or to threaten funding cuts. We did consult with each other on issues, but when there was a disagreement, the government accepted that as part of the game that results when you have independent human rights organizations.
On the other hand, there were times when governments, including Canada's, backed the same policies as we did. And then we worked together to have these policies implemented. This was the case with the International Criminal Court, the optional protocol on the involvement of children in armed conflict, the Declaration on the Rights of Indigenous Peoples, the Inter-American Democratic Charter, and others.
It is absolutely clear, Mr. Chairman, gentlemen, and ladies, that what has been happening since March 2009 is totally inconsistent with the traditions I have referred to, totally inconsistent with the statute and bylaws of Rights and Democracy, with its stated mandate and its requirement of independence. It is evident that since a certain date in 2009, the government has been packing the board with individuals whose principal concern is to shield Israel from all criticism, whether deserved or not, which is also the policy of the Harper government and the Netanyahu government.
These individuals—now seven, including the chair—come to the board with biases against the UN, against the UN Human Rights Council, and against human rights NGOs, and a bias with respect to the Middle East conflict. The evidence for these biases is found in their own written articles and statements, in their associations and partnerships, and in their actions and history. If you read the long statement by David Matas in Ezra Levant's blog of January 24, it confirms exactly what I am saying.
When we speak of partnership, we are not talking about Conservative Party membership. We are talking about political biases that are similar to the Harper government's and that are contrary to the centre's mandate, contrary to the International Bill of Human Rights, and contrary to the Vienna Declaration. While it is normal in a free society for political parties to have such biases, it is not acceptable for Rights and Democracy, which has a legislated mandate to monitor and advocate for human rights wherever it is necessary to do so.
In this case, the three grants to Middle East NGOs were authorized under the urgent action fund. Mr. Braun and his colleagues have said, contrary to substantial evidence, that the issue at Rights and Democracy is not with policy, not with the Middle East, but with respect to accountability and transparency.
But the urgent action fund and its budget, and all programs and budgets of Rights and Democracy, are approved each year by the board of directors. They are audited each year by the Auditor General's department. The audited reports are printed in the annual reports, which are tabled in Parliament, posted on the website, and distributed widely. In turn, the president and officers of Rights and Democracy are subject to oversight by this parliamentary committee regarding the annual report and the audited financial statements, which has been done on many occasions.
In addition, the Rights and Democracy statute requires that every five years there must be an independent, in-depth evaluation of Rights and Democracy. These have been done in 1993, 1998, and 2003. None of these five-year evaluations and none of the annual Auditor General audits has ever indicated that the centre was operating contrary to or outside its mandate, or that the urgent action fund, the office in Geneva, or even the attendance at the Durban conference in 2000 were out of order.
According to the Rights and Democracy statute and bylaws, the role of the board is to provide general policy direction, to approve the annual budget and work plan, and to oversee their implementation. It is not the role of the board to micromanage the centre. According to the statute and bylaws, the president has the responsibility to administer and run the centre, including the hiring and management of the staff. The president is full-time, the board is part-time.
The recent actions of the chair and the board of directors to repudiate grants, close the Geneva office, freeze the urgent action program, fire employees, gag and manage staff, and question religious affiliations were all prompted by their political biases, and not by their obligation under the statute to govern in accordance with the International Bill of Human Rights. This can also be said of the attempt in 2009 by Messrs. Gauthier, Tepper, and Braun to rewrite and change Mr. Beauregard's evaluation.
In conclusion, in order to strengthen the centre's independence, I want to make the following recommendations.
First, there should be an outside, independent inquiry into the situation at Rights and Democracy. I appreciate the hearings this committee is conducting; they are worth while, but they are too short and incomplete to really get to the bottom of things.
Secondly, I think you should consider amending the act to strengthen the nomination process.
Third, you should reintroduce the policy of multi-year funding, which was there in the first place but was forgotten about afterwards. The multi-year funding gave more independence to the centre.
Mr. Chairman, Rights and Democracy plays an important role for both Canada and the world. What has happened to it recently is totally unacceptable. Since Rights and Democracy is the creation of Parliament, it's Parliament's responsibility to correct the damage as quickly as possible.
Thank you.