Thank you.
As you know, migration is at the heart of the history of the Latin American continent and of current public policy concerns. There have been migration crises in the past; it's not a new phenomenon. There have been waves of migration related to armed conflicts, violence and economic crises. We can think of the boat people crisis or the Chilean refugee wave in the 1980s.
There's a current crisis, not only in Mexico, but we're also looking at the Venezuela-Colombia border. It's really a concern in the region. The OAS special rapporteur on the rights of migrants wrote recently that he was very concerned about policies relating to the criminalization of migration, racial profiling and other consequences that public policies may have on the human rights of migrants.
I will address, essentially, two main points and then a quick one.
The first one addresses the inter-American system and its contribution to the issues of migration as well as its relevance for Canada. Second, I'd like to talk about the report of the working group on enforced or involuntary disappearances on disappearances in the context of migration, and then let you know a little bit more about the consultations I'm making through a research project on human rights in Canada and Latin America.
Let's start with the inter-American system migrations in Canada. As you know, the inter-American human rights system is part of the mechanisms of the Organization of American States, of which Canada has been a member since 1990. It has several human rights instruments. First, there are human rights provisions in the constitution of the organization, the OAS charter, as well as in the Declaration on the Rights and Duties of Man, which is a prolongation of the charter, as well in as the American Convention on Human Rights.
There are institutions that look at the implementation of these standards by OAS member states: the Inter-American Commission on Human Rights, based in Washington, D.C.—where I used to work prior to academia—and the Inter-American Court of Human Rights, composed of seven judges in Costa Rica. The commission receives cases. It also does on-site visits. It also writes thematic and country reports. The court does advisory opinions for the states, including on issues of migration, and also adjudicates contentious cases from the commission and from the states.
Both the commission and the court have addressed a long jurisprudence on these issues, including the right to judicial guarantees for migrants in the context of the rights of asylum seekers, as well as the rights to equality of migrants and the relevance of interpreting inter-American human rights in light of the Vienna Convention on Consular Relations and all the rights that are attached to that. There are lots of cases, for example, dealing with how refugees should be given an individualized judicial process to make a refugee claim—for example, in the Haitian boat people cases—as well as cases addressing how deportation processes should take into consideration the consequences that deportation may have on the human rights of a person.
The Inter-American Court of Human Rights in particular adopted two very important advisory opinions. One is on the Vienna Convention on Consular Relations, meaning all the rights that a foreigner has to access if his liberty is limited. The other is an advisory opinion on the right to equality of migrants, advisory opinion 18, which I encourage you to look at, and there is as well a series of decisions dealing with due process guarantees for individuals who are captured, including a very important decision prohibiting collective expulsions in the Dorzema case, which I argued successfully before the court.
I want to turn to the issue of Canada and the inter-American system. As you know, we have not ratified the American Convention on Human Rights, but I argue that there are lots of reasons we should do so. I've written a few pieces on this, which I've submitted as well.
There have been two very important contributions by the inter-American system on migration rights-related issues in Canada: first, a report in 2001 on the human rights of asylum seekers in the Canadian refugee determination system, with a series of recommendations, some of which are still relevant today; and second, a very important case in Suresh v. Canada, which overlaps with some Canadian decisions in the Charkaoui case and the Ahani case at the UN Human Rights Committee.
Speaking of the UN, the second area is enforced disappearances. Basically, enforced disappearances are the capture of an individual without his consent by state officials, and then the denial by the state of the detention of this person, or even the existence of this person. It's of course a violation of human rights law that dates back a very long time.
In the 1980s, the UN created the Working Group on Enforced or Involuntary Disappearances, which receives cases and issues thematic reports. I'm now a member presiding on this committee, this working group.
Last year we adopted a very important report on the phenomenon of disappearances in the context of migration. We addressed how disappearances caused migration—in particular, as threats on human rights defenders and families—as well as how families migrate in order to seek justice and truth in cases of disappearances of their loved ones in transnational processes.
Then we addressed the issue of disappearances of migrants themselves. It's not a new phenomenon; you've heard of Operation Condor in the 1970s and 1980s, whereby states of the Southern Cone collaborated to capture refugees, for example, in another state, through transnational processes.
We also documented disappearances during detention and/or deportation processes. In our own case law, there are instances of an individual being captured while being in a host country, and then handed back to the state-of-origin authorities, or sometimes captured by authorities from the state of origin in the host country in cases of refugees.
We also looked at disappearances in the context of push-backs and refoulement, which is basically when states prevent people from entering their territory and push them back into countries where they risk disappearances.
Then we looked at the importance of releasing individuals after detention in manners that can be documented and that allow people to exercise their rights.
Finally, we looked at the intervention of smugglers and traffickers, and the involvement of state agents in this context.
We also looked at factors that contribute to the disappearances of migrants: vulnerability and intersectional discrimination faced by migrants, as well as their invisibility; state migratory and counterterrorism policies; the criminalization of migration and the terminology used in public policies, such as calling them criminals, calling them enemies of the state and so forth, sending a bad message to non-state actors, including organized crime; and other factors, such as obstacles in the search for the truth and justice, access to justice by migrants and their families, lack of resources, obstacles at the linguistic level, and the lack of international collaboration.
Our report ends with a series of recommendations, in particular those dealing with prevention, with detention and deportation procedures, and with remedies and ensuring access to justice.
I will refer you to that report.
In closing, I would highlight the fact that since last year, I've been doing the first year of a four-year research project in which I consult in different Canadian cities to try to understand what Canadians' priorities are in terms of human rights, which includes issues related to migration.
My hope is that after this, we will bring Latin American experts to try to see how the Latin American experience, in terms of human rights and reconciliation, can be useful to Canadians in this context, and then formulate recommendations for Canadian authorities, such as your committee.
I hope we will be able to continue this exchange at a later stage.
Thank you, Mr. Chair.