Thank you, Mr. Reid, and good afternoon, members of the subcommittee. It's a pleasure to be in front of you once again, and once again on a topic that I've had an opportunity to discuss with you previously. Certainly it's an issue of considerable concern and interest to Amnesty International and to many organizations in Canada.
I think it's pretty safe to say that perhaps one of the most significant and innovative outcomes of the UN human rights reform process that began in 2005 was the establishment of the universal periodic review under the newly established Human Rights Council. Canada, much to our credit, was a remarkable champion of the effort to establish that new review process. We now stand at just over the halfway point in the first round of reviews, and thus Canada is one of 112 countries that have now gone through the process.
A universal review process means that for the first time, every country, no matter how powerful, no matter how neglected and overlooked, will come under the microscope of international human rights scrutiny. That's a process that needs to succeed because we've needed that sort of universal approach to human rights for a long time.
Canada, therefore, must set the best possible example to the international community as to how to handle this new process, both in terms of how we approach the reviews of other countries and very much also in the approach we take to our own review.
I want to underscore that this is not the only UN-level human rights review process that Canada and other states are subject to. As many subcommittee members will know, Canada, like all other UN states, has officially ratified a number of specific UN human rights treaties, all of which have review procedures associated with them. All of those treaties include, for instance, an ongoing obligation to provide progress reports, generally every four years, to expert committees set up to monitor compliance with the treaties. The committees review the states'--in our case, Canada's--record, and lay out a number of recommendations for improvement.
As well, with some of those treaties, it is also possible for individuals to bring forward their own complaints about rights violations. For Canada, this is the case with three treaties--the Covenant on Civil and Political Rights, the convention against torture, and the Convention on the Elimination of All Forms of Discrimination Against Women. Again, if the committee feels the complaint is valid, it makes recommendations to the state--Canada--as to what needs to be done to address the violations.
Finally, there are also experts set up under the UN Human Rights Council with mandates to examine particular human rights topics, including the rights of migrants, of indigenous peoples, the right to adequate housing, and many more. These experts, which include special rapporteurs and working groups, often carry out in-depth studies of the situation in particular countries. Some, including the three I have just mentioned, have studied Canada's record in the areas covered by their particular mandates, and they too issue reports containing recommendations for improvement.
I mention that background because it's central to the main point I want to highlight in my presentation this afternoon. When it comes to any country's human rights record, the real value lies not in the treaties that have been ratified, the promises that have been made, or the review processes undertaken. The proof lies in compliance and implementation. And that is where countries consistently fall down. Virtually all countries, including those with absolutely abysmal human rights records, have signed the treaties, have made the promises, have shown up for UN reviews like the ones I just mentioned. Virtually all, however, come up short when it comes to taking concrete action to implement what comes up through those reviews.
This has long been a troubling shortcoming for Canada. We have many years of experience with the recommendations coming out of all the reviews I just mentioned. The issues that have emerged touch on a range of serious human rights concerns familiar to Canadians--the situation of indigenous peoples, poverty, homelessness, racial discrimination, children's rights, women's equality, refugees and immigrants, protections against torture, and more.
Many have been raised repeatedly with Canada over the past 15 to 20 years, with far too little progress. Now many of those same concerns and recommendations are central to the points that have emerged through the recent UPR, as well.
The central question becomes this: what stands in the way of implementation and how do we ensure a better approach to implementation this time--with the UPR-- and beyond all the other reviews that will continue to unfold?
Recommendations come back to Canada and typically disappear into a labyrinth that has, I would suggest, three key dimensions to it.
First, there are the challenges of federalism. Some recommendations come within areas of federal responsibility. Others are within provincial areas. Still others are the responsibility of both. And others are uncertain; maybe no one wants to claim responsibility. This makes for confusion. It also leads to inaction.
Second, there is a near total legal and policy vacuum when it comes to the standing, implementation, and enforcement of Canada's international human rights obligations. International norms cannot be independently enforced in any Canadian legal proceedings. Many international obligations, though ratified at the international level, have never been specifically incorporated into Canadian law. That means that the ability to obtain remedies for violations is dramatically undermined, and it leaves enforcement of international legal obligations to the whim and uncertainty of political processes rather than to the certainty and predictability of a legal process.
Third, there is unclear and disappointing political leadership at the federal level, and this goes back several decades. The Department of Canadian Heritage is entrusted with responsibility for overseeing Canada's international implementation, but within its own program and mandate, it has little authority or responsibility for human rights issues. Key departments, such as Justice, Foreign Affairs, Public Safety, Human Resources and Skills Development, and Indian and Northern Affairs, are peripheral. There is no one minister in Canada, for instance, who thinks of himself or herself as Canada's minister responsible for human rights.
For many years, governments have pointed to the federal-provincial-territorial Continuing Committee of Officials on Human Rights, in existence for more than 30 years now, as the vehicle that coordinates and ensures implementation. The continuing committee comprises mid-level officials who generally have no decision-making authority with respect to what may often be complex and politically charged issues. The continuing committee carries out all its work in absolute and total secrecy, declining and refusing to even release its agenda to the public.
As a group that facilitates an exchange of information among government officials that work on human rights issues, the continuing committee may well play an important role. It was never designed, however, to be the body that ensures accountable and transparent implementation of important human rights recommendations that the UN directs at Canada. There should be nothing secretive about human rights in Canada. The discussions about how to move forward with human rights advice from the UN should be accessible to all Canadians and should benefit from ongoing, high-level, and visible political engagement that facilitates prompt and accountable decision-making among governments in the country.
As a notable aside, l'd like to highlight, for subcommittee members, as I have in the past, that there has not been a ministerial-level meeting in Canada focused on human rights for 22 years. The last such meeting was in 1988. That, I would suggest, is symptomatic of the lack of serious political engagement and the lack of political leadership right across the country when it comes to our international human rights obligations.
Well, none of this can be the approach Canada takes to implementation of the UPR. UN bodies have, with increasing impatience over several years now, called on Canada to develop a better approach. And now, as part of the UPR itself, numerous other governments have urged Canada to improve its approach, including countries that are good friends and close allies of ours, such as the United Kingdom, Portugal, Norway, and Mexico.
This is a concern that unites indigenous and civil society groups across Canada. Regardless of their area of concern, they all agree that the starting point is to develop a better system.
Following last year's review, many of us wrote to the Prime Minister urging that Canada take up the recommendation that came from so many states to strengthen implementation. We were pleased, therefore, to see that Canada's final report responding to the UPR recommendations does, somewhat, accept this suggestion, recognizing that there may be “opportunities for improving established processes, including with respect to follow-up to treaty body and UPR recommendations”. There are indeed opportunities, and it is time to seize them.
Let me end by signalling key recommendations that NGOs have offered, in many instances for many years, on this front.
First, a meeting of federal, provincial, and territorial ministers responsible for human rights should be convened. The meeting would be an opportunity to review the UPR recommendations, adopt a shared implementation plan, and launch a wider process of reforming the legal and institutional framework for coordinated human rights implementation and enforcement in Canada.
Second, beyond your very welcome attention here, parliamentary and legislative committees across the country should review the UPR recommendations in sessions that are open to the public. As part of that, the UPR report should be tabled in Parliament and all legislative assemblies. The federal government agreed to do so at the national level, but to our knowledge that has not yet happened.
Third, the government should work with indigenous peoples and representative organizations and civil society across the country to immediately launch an accessible and timely process of dialogue and consultation about the UPR recommendations from this recent review, as well as a process for preparing for Canada's next UPR , expected to take place in early 2013.
Fourth, the input and advice of human rights commissions across the country on implementation of the recommendations should be sought.
Finally, Canada should make a commitment to report publicly, including at the UN, at the midway point of this UPR, which would be June 2011, laying out progress on implementation.
Thank you. Those are my comments, and I look forward to any questions you may have.