Thank you.
Our understanding of Canada's export review process post-Bill C-47 is informed by Global Affairs Canada's final report on weapons exports to Saudi Arabia. The Minister of Foreign Affairs ordered officials to release the document earlier this year. While this exercise in transparency is to be commended, the final report displayed serious gaps in Canada's export evaluation process.
First, the final report improperly suggests that the definition of “substantial risk” should consider whether a pattern of repetitive behaviour can be identified with respect to human rights violations. This is not the correct metric under the ATT. The prospect of risk is, and that's what needs to be considered. While the pattern of repetitive behaviour could be an indicator of risk, it is not determinative of risk. It indicates a higher threshold than the treaty requires.
Second, the final report did not rely on reports authorized by human rights or civil society organizations, which have long documented Saudi human rights violations and possible violations of international and humanitarian law. It was also selective in its treatment of the UN group of eminent experts' report from 2019. Finally, the report made errors in interpreting international humanitarian law. For example, the report is dismissive of concerns about sniper rifles, saying that they are intended to support precision targeting and thus less likely to result in civilian casualties.
While a sniper rifle is a permissible means of warfare, this does not mean that the methods of their use have been compliant. A sniper rifle in the hands of someone using it to target civilians is no less an international humanitarian law violation. If this is the rigour that is applied to questions of international humanitarian law when Canada conducts arms exports, it is undoubtedly lacking.
Why does Canada need a more rigorous export control system, specifically one that fully implements the ATT? The Saudi case is illustrative. Saudi Arabia's human rights record is beyond debate. It is an established violator of human rights both domestically and internationally. These acts all raise questions. If such a record does not constitute a risk of Canadian weapons being used to commit serious international human rights and international humanitarian law violations, then what does?
In conclusion, Amnesty International offers two recommendations for the committee's consideration. I will be brief.
First, Canada should amend its domestic legislation to ensure that it is fully compliant with all of the terms of the ATT. In the interim, the Governor in Council could enact regulations that would give those obligations the force of law.
Second and finally, Canada should reassess export permits where violations of international humanitarian law, international human rights law and gender-based violence have been alleged by domestic and international investigative bodies or by human rights and civil society organizations.
I thank you.