Thank you.
I thank the subcommittee for the invitation to speak today on Canada's bilateral human rights relationship. As indicated by my colleague earlier, I will speak specifically about the Canada-China dialogue, which is known as the joint committee on human rights.
Perhaps to begin, I'll give a bit of background. The dialogue was initiated in 1997--that is nine years ago--as an alternative to co-sponsoring the annual resolution on the situation of human rights in China that was presented at the UN Commission on Human Rights. It was jointly agreed upon by the Canadian and Chinese sides, the agenda to be negotiated in advance and discussions to be conducted in private in the spirit of mutual respect and understanding. That is to say, no megaphone diplomacy.
It was agreed that discussions would benefit from the participation of civil society organizations, academics and domestic ministries. In addition to the discussions, normally each session includes a so-called site visit, such as a visit to a regional provincial capital, training centre, or correctional institution, depending on the subjects that are being discussed. In the past, site visits within China have, for example, included Tibet, Hunan, and Xinjiang Uygur.
When the dialogue was first initiated, the framework used was the Universal Declaration of Human Rights. However, China has ratified several of the major human rights conventions: the Convention against Torture; the Convention on the Elimination of All Forms of Discrimination against Women; the International Covenant on All Forms of Racial Discrimination; the International Covenant on Economic, Social and Cultural Rights; the convention on the rights of the child. It has also signed the International Covenant on Civil and Political Rights, although it has not yet ratified. They are preparing to ratify, and Canada has been supporting these efforts.
As the dialogue has evolved, we have focused more on the implementation of international standards. Canada and other western dialogue partners actively encourage China to sign, ratify, and implement international human rights instruments as well as to agree to visits to China by the various UN human rights monitors, for example, the Special Rapporteur on Torture.
Visits have been undertaken by the UN Working Group on Arbitrary Detention--they've actually visited twice, once in 1997 and again in 2005--the special rapporteur on the right to education, and the special rapporteur on torture, who was there in 2005. Future visits that China has agreed upon in principle include the special rapporteur on freedom of religion or belief and the independent expert on the question of human rights and extreme poverty.
I should also mention that the UN High Commissioner for Human Rights has visited twice: first Mary Robinson in 1998, and most recently Louise Arbour in 2005. That last visit resulted in an agreement to formalize the continuation of a program of technical cooperation between China and the office of the high commissioner, which focuses on facilitating China's ratification of the International Covenant on Civil and Political Rights, as well as the implementation of recommendations of the UN Committee on Economic, Social and Cultural rights.
Perhaps I could touch briefly on the commission's assessment that the department undertook in 2005. The background to this is that Foreign Affairs, other government departmental partners, and indeed all members of each delegation to the bilateral dialogue undertake to evaluate each round. In addition to that, in 2005 an independent academic review was commissioned to assess the overall dialogue and to identify areas for improvement. As I believe has already been mentioned, my department concurs with many of the findings, and the report was made public as a matter of transparency. The view was that we all share the common goal of improving the human rights situation in China.
In our discussions with the Government of China, we've underlined our concerns with the last dialogue round, as we have in each of the previous years. This is part of the ongoing process of engagement with Chinese ministries. The Chinese Ministry of Foreign Affairs, as well as other Chinese partners, have agreed with the importance of reform. We're now working to put together a set of proposed constructive reforms based on the findings of this commissioned assessment and other recommendations from civil society and NGOs and our own in-house officials. We will be seeking guidance from ministers once we have an agreed-upon package.
Perhaps I could also touch on some of the recommendations we have received from the non-governmental community--from our NGO partners--many of which have, I think, also been made to this subcommittee, such as collaborating with other countries that have human rights dialogues with China. We are systematically in contact with other western countries that have bilateral dialogues with China concerning human rights. We share information, working methods, and best practices with these countries.
Another recommendation was increased NGO participation in the dialogue, and we do agree with this. We would like to see increased civil society participation. China has expressed openness to this proposal. Both academics and NGOs have participated in previous years, including, among others, Rights and Democracy, Amnesty International, All-China Women's Federation, the Canadian Labour Congress, South Asian Women's Association, the Canadian Council for Refugees, and the Canadian Race Relations Foundation.
Independent NGO participation was introduced in 2004 in Beijing with a round table discussion with Chinese NGOs on HIV/AIDS. In 2005, the dialogue was held in Canada, and the Chinese official delegation agreed to meet with Canadian NGOs. This included a round table discussion organized by Rights and Democracy on the topic of the partnership between the Government of Canada and non-governmental partners. We wish to further build on this kind of progress.
Another recommendation concerns feedback to civil society. We certainly endeavour to maintain open communication with civil society on dialogue activities and discussions. Consultations in the form of teleconferences are held before and after the dialogue rounds. Prior to them, the officials share the planned agenda and invite participants to relay comments, concerns, and priorities with respect to human rights in China. Officials undertake to incorporate these points into representations and discussions within the dialogue. Similarly, we have post-dialogue debriefings in order to relay to our civil society partners discussions, activities, and Chinese engagement.
On the presence of other government departments beyond the MFA at the table, we agree that those departments responsible for implementing human rights norms should not only be at the table, they should be actively involved in setting the agenda. A key objective of the dialogue is to have the knowledge, methodologies, and ideas further disseminated and acted upon back in the participants' home ministries. We think we've made considerable progress in this regard in the last few years. Last year we had approximately five Chinese ministries and organizations represented. On the Canadian side, we brought in a range of government departments in support of our whole-of-government approach.
In terms of the recommendation that objectives must be set and benchmarks used, we do agree that concrete objectives and benchmarks are required in order to set predefined and mutually agreed-upon goals and to measure our progress. The key here is to establish benchmarks that are measurable. Of course, for them to succeed there must be agreement with the Chinese side on the outcomes.
High-level government participation is another key recommendation. The participants of the bilateral dialogue are at the senior working level. Meetings are usually opened by directors general or assistant deputy ministers of the country hosting that particular round. This level was mutually agreed upon as being the most effective in order to be able to discuss practical technical issues and concerns in an in-depth manner.
My colleague has already touched on the next recommendation, to reassess the presentation of prisoner lists in the JCHR; the safety and well-being of prisoners may have been put at risk by highlighting their cases. I would simply flag the fact that the Government of Canada regularly presents prisoner lists in bilateral meetings at all levels, including within the JCHR. If there are specific cases we should be aware of that suggest in fact some prisoners were put at risk, we would certainly like to hear about it from our non-governmental partners.
Another recommendation is that a resolution on human rights in China be again presented within the UN system. On that recommendation, I would simply say that the decision to introduce or support a resolution on China would have to be taken at the political level by cabinet. However, within the new Human Rights Council there is a mechanism of universal periodic review under development. It will require all UN members to have their human rights record reviewed by their peers, starting with the Human Rights Council's member states. China is a member of the Human Rights Council.
I will leave it at that, Mr. Chair. I'll be happy to respond to questions and comments.
Thank you.