Thank you, Mr. Chair and honourable members, for inviting me to this phase of your study on the COVID-19 pandemic.
I'm joining you this afternoon from unceded Algonquin Anishinabe territory in Ottawa.
I would like to focus my remarks on the situation facing 46 Canadian citizens, including some two dozen children who are being arbitrarily detained in northeast Syria. I will not spend my time recounting the dire humanitarian situation in al-Hol and Roj camps, which is well reported.
Instead, I would like to focus the majority of my time discussing how Canadian policy is meant to address instances when a citizen alleges torture or mistreatment in detention abroad. Much of what we know about this policy comes from a 2018 Auditor General's report, as well as this committee's very own study of the topic in November 2018.
Global Affairs Canada's policy mandates that consular officials should promptly advise the minister in writing of credible information indicating torture and advise the deputy minister in cases of mistreatment.
“Promptly” is undefined, but a period of three months was deemed by the Auditor General to be unacceptable. Responding to this committee's report on the topic, Global Affairs Canada indicated that it was developing timelines for the assessment of torture or mistreatment allegations and their reporting to the minister or deputy minister respectively.
GAC policy further indicates that when such concerns arise, a director-general-level consular ad hoc working group on torture and mistreatment is to assess whether the allegations are serious and credible and advise the director general of consular operations on the management of those cases.
Despite this policy framework, what is known about the application of this policy to Canadians detained in Syria is extremely limited. Amnesty International has been informed that the minister has been advised of allegations of torture and mistreatment in Syria, and that the ad hoc working group has been convened.
GAC also reports that it requests updates from Kurdish authorities about the whereabouts and well-being of Canadian citizens in Syria.
On the other hand, GAC officials have not indicated whether concrete reporting timelines exist. They will not say how often they receive reports on the health and well-being of these Canadians, and in fact, when Canadian officials met with Kurdish authorities in Sulaymaniyah earlier this year, they specifically did not raise the issue of the detained Canadians.
We do not know what advice the ad hoc working group has provided, and Amnesty International's simple request to know when the minister was advised of torture and mistreatment allegations, and the outcomes of those assessments, was met with a refusal invoking the Privacy Act.
An access to Information request about the provision of consular services to the detained Canadians, which specifically exempts the personal consular files, remains unanswered over one year after it was submitted.
Honourable members, Canada's consular policy framework for torture exists for a reason. It exists because Canadians expect that when they are subject to mistreatment abroad, it will be brought to the highest levels of the Canadian government, investigated and acted upon. Instead, Canadians who are undoubtedly suffering mistreatment in Syria, including children, have been abandoned by their government.
This is the reflection of one detainee, shared with me by a Canadian relative: “They just finished, three guards, beating a woman with the back of their huge guns until she was unconscious and then taken.... Maybe she died. Maybe she's in a hospital somewhere. Does anyone care? Nope. We are a group of people forgotten about and left for thugs to do as they please with us.”
Regrettably, the opacity around the handling of these cases represents a stunning deficit in both transparency and political leadership toward this group of vulnerable Canadians. We have seen admirable initiatives to provide consular services to Canadians across the world during this pandemic. These were provided during the Beirut harbour explosion, for Michael Kovrig and Michael Spavor, and with respect to Canada's recent initiative on state-to-state arbitrary detention.
These Canadians in Syria, by contrast, receive next to nothing. What could be more core to the mandate of GAC's consular bureau than the allegations of torture raised by a group of 46 Canadian citizens, especially when the allegations involve Canadian children?
What should detainees make from the fact that just last week, this government very commendably announced that it would pursue the Assad regime for crimes of torture committed since 2011, while at the same time it ignores the plight of its citizens stuck in that country, who are suffering daily human rights violations that Canada is squarely in a position to end?
Honourable members, I have four recommendations for the committee.
First, the committee should demand to know when the minister was made aware of the torture and mistreatment allegations in northeast Syria, and whether those allegations have been deemed substantiated.
Second, the committee should insist that the government take every lawful action to end these human rights abuses, ensuring that such action does not discriminate on the basis of gender, political views, or religion, and that it must respect the rights of the child and the principle of family unity.
Third, Canada should work together with the international community to ensure a human rights-compliant response for all of those who are arbitrarily detained in northeast Syria, regardless of nationality.
Finally, Canada should press for accountability for international crimes that may have been committed by these detainees, including by Canadians, in a manner consistent with international human rights law, international criminal law and international humanitarian law.
Thank you for your time. I look forward to your questions.