Subcommittee on International Human Rights Committee on Feb. 7th, 2012

[The Chair, Conservative, Scott Reid]

Welcome to the 20th meeting of the House of Commons Subcommittee on International Human Rights. Today is Tuesday, February 7, 2012, and today we have as witnesses two representatives of the Department of Foreign Affairs and International Trade, that is

Patricia Malikail, who is the director general of the Africa bureau,

and Robert Bissett, who is the Deputy Director.

of the eastern and southern Africa relations bureau.

We will deal with their testimony first.

At the end of the meeting, I'm going to address a piece of committee business regarding the additional meeting. I don't want to do that just yet, because I want to wait until we have all of our members here; there is at least one who I am hopeful will show up. There's a scheduling issue, and it's hard to schedule people's availability until you know what that is.

Without further ado, we will turn things over to our witnesses. I'm sure you know this, but we normally have about 10 minutes for the opening remarks, and then we go to questions.

We will begin with Madame Malikail.

[Patricia Malikail, Director General, Africa Bureau, Department of Foreign Affairs and International Trade]

Mr. Chair, honourable members, thank you for your invitation to appear this afternoon. I welcome this opportunity to address your interest in the human rights situation in Eritrea.

I will first provide you with an overview.

Eritrea formally gained its independence from Ethiopia in 1993 after a bloody 30-year war. Despite aspirations of becoming a democratic country, respectful of human rights and fundamental freedoms, Eritrea has become one of the most closed and repressive states in the world. It's an authoritarian police state that Foreign Policy magazine has dubbed “Africa's North Korea”.

President Isaias Afewerki, who led Eritrea through much of its extraordinary struggle for independence, now uses an unresolved border dispute with Ethiopia to keep Eritrea on a permanent war footing. Eritrea also has an unresolved border dispute with Djibouti, and supports insurgent groups in Ethiopia and in Somalia in an attempt to destabilize the Horn of Africa. In 2010, Eritrea, which has a population of about 5.5 million, was the ninth-largest source of refugees in the world.

Let me talk a little bit about the relationship between Canada and Eritrea, which is distant and sometimes difficult. Eritrea is becoming increasingly reclusive, and although we maintain diplomatic relations, neither country maintains an embassy. Eritrea is represented in Canada through its embassy in Washington and maintains a consulate general office in Toronto. Canada has an honorary consul in Asmara, and as of 2010, our Canadian ambassador in Khartoum is accredited to Eritrea. To illustrate the difficulty in our bilateral relations, our former Canadian ambassador, who was based in Nairobi, was never invited to present credentials.

Further difficulties have been encountered in the area of development and humanitarian assistance. In 1998, Eritrea diverted almost 10,000 metric tons of Canadian food aid to feed their troops. This led to Canada cancelling its bilateral development assistance in 2001. Further interference by the Government of Eritrea resulted in the World Food Program cancelling the delivery of Canadian-funded humanitarian assistance in 2005 and leaving the country. The Eritrean government remains hostile toward foreign interference and has continued to deny its citizens the food aid they desperately need.

Due to Eritrea's closed nature, restrictions on foreign visitors, and its hostility to perceived foreign interference, visits by Canadian officials to Eritrea are rare and most requests for visas are denied. Our understanding of the situation in Eritrea is limited and informed heavily by sources such as human rights NGOs and UN agencies.

By all accounts—for example, the accounts of non-governmental organizations and the institutions of the United Nations—the human rights situation in Eritrea is dire. The military has taken over almost every aspect of civilian life, and this has laid the foundation for some of the most frequent and egregious human rights abuses, including indefinite conscription, torture, inhuman and degrading punishment, as well as arbitrary detention and arrest.

Eritrea's 1997 constitution, which includes various provisions for democratic freedoms and human rights, seems to have been discarded or suspended as soon as it was ratified. The rule of law is a vague concept, given that most of the constitution remains to be implemented.

The United States Bureau of Democracy, Human Rights and Labor reports that the judiciary suffers from a lack of trained personnel, inadequate funding, and poor infrastructure, limiting the government's ability to grant accused persons a speedy and fair trial. Cases of a political nature are heard by a special court made up by judges with no legal background or training. Military courts have jurisdiction over cases involving members of the armed forces.

Eritrea has the largest army in sub-Saharan Africa, with over 300,000 soldiers enlisted. As a result, military courts have significant power and unregulated influence. National mandatory service is obligatory for all citizens, men and women alike. Although national service officially lasts 18 months, it's often extended for years, thus eliminating individual freedom for many citizens. Students are not exempt from conscription and are required to attend national “camp” during their final year of high school.

Failing to complete military service comes with serious penalties. Amnesty International and Human Rights Watch have both reported a shoot-to-kill policy for deserters who attempt to escape Eritrea. Nevertheless, a growing number of Eritreans continue to take the risk. The families of those who succeed in escaping are subject to abuse, interrogation, and the threat of punishment.

Arbitrary detention and arrest are widespread. Thousands of prisoners remain in custody without being formally charged. Others disappear.

Amnesty International has reported that hundreds of former officials, independent journalists and civil servants arrested in September 2001 are still believed to be held in detention. Among them are former ministers and veterans of the liberation war whose only crime was to call for democratic reform and greater respect for human rights.

The government routinely refuses to disclose the location of prisoners to their families. It claims that prisoners have protected rights to proper food and clothing, sanitation, sufficient medical treatment, and respect for one's bodily integrity. Human Rights Watch suggests that, to the contrary, torture is routine in Eritrea. Former detainees described being beaten, bound, tortured, left in the sun over long periods, and kept in underground containers for extended periods.

Death in custody is common as a result of ill-treatment and denial of medical attention.

Contrary to legal and constitutional stipulations, the government permits neither freedom of assembly nor association. The government maintains a hostile stance towards civil society, and domestic NGOs are required to register with the government and have limited independence. International human rights NGOs are barred from the country.

The movement of Eritreans internally as well as outside the country is highly restricted, and frequent military checkpoints are common. It's exceptional for an Eritrean eligible for national service to be granted a travel permit. Those travelling without appropriate documentation face imprisonment alongside Eritrean refugees and asylum seekers who are repatriated from other countries.

In 2011, Reporters Without Borders ranked Eritrea at the bottom of the press freedom index for the fifth consecutive year. Eritrea is the only African country without an independent media outlet. All independent media outlets have been closed since September 2001, and all remaining media are controlled by the state. There are more journalists imprisoned in Eritrea than in any other African country. Foreign journalists are rarely permitted to operate within the country and are subject to censorship and monitoring.

The Institute on Religion and Public Policy has stated that the situation of religious freedom in Eritrea is among the worst in the world.

All religious institutions must register with the government and are subject to state interference in their internal administration and social programs. Jehovah's Witnesses come under particular intimidation and scrutiny from government officials as their religion does not permit them to participate in military service.

Eritrea claims that promoting equality between men and women has always been a basic policy. Freedom House reports that the government has worked to improve the status of women. Although equal educational opportunity, equal pay for equal work and penalties for domestic violence have been codified, men retain privileged access to education, employment and control of economic resources. The situation for women in rural areas is most concerning because of the persistence of such traditional practices as early marriage, dowry and polygamy.

Eritrea's universal periodic review at the United Nations Human Rights Council took place last on November 30, 2009. In our statement, Canada expressed its deep concern with the grave human rights situation in Eritrea, including restrictions on freedom of assembly, belief, expression, and religion, as well as the criminalization of sexual activity between consulting adults of the same sex, arbitrary detention, torture, and deaths in custody. Canada made a number of recommendations to Eritrea based on the areas of greatest concern.

To conclude, I'd like to say a few words about UN sanctions, even though they are not directly related to human rights abuses. The UN Security Council imposed sanctions on Eritrea in 2009 in response to Eritrea's violation of the arms embargo on Somalia and to its lack of compliance with a previous UN Security Council resolution demanding that Eritrea withdraw its forces from Djibouti and settle its border dispute.

Canada supported these sanctions due to its concerns about the stability in the Horn of Africa, and Canada has drafted regulations implementing the measures contained in the United Nations Security Council 1907. These sanctions are specifically targeted at senior government and military officials as well as the trade in arms.

For similar reasons, Canada supported the latest Security Council resolution on Eritrea in December 2011. The United Nations imposed additional sanctions for continuing to support armed opposition groups and for failing to resolve its border dispute with Djibouti and Ethiopia. Canada is particularly concerned about the information contained in the report of the UN monitoring group on Somalia and Eritrea, which details Eritrea's continued support of armed groups, including the terrorist group, Somalia's al-Shabaab, which Canada listed as a terrorist organization in 2010.

In conclusion, Canada remains concerned with Eritrea's poor democratic practices and human rights record. We use the United Nations fora to work with other countries to encourage the Government of Eritrea to promote and protect human rights and to engage meaningfully with international stakeholders in the areas of good governance, human rights and democracy.

Thank you very much. With that, I am happy to take your questions.

I'm happy to answer your questions now.

[The Chair, Conservative, Scott Reid]

Thank you very much.

Looking at the clock, I think we're going to have time to do six minutes for each questioner. I'll just remind the members of the committee that we had a fulsome discussion about how the questioning would work, and what we agreed to was basically six minutes per questioner. We start, as a rule, on the government side, and that means, Mr. Sweet, that you are up for six minutes.

[David Sweet, Conservative, Ancaster—Dundas—Flamborough—Westdale, ON]

Thank you very much, Mr. Chair.

Thank you very much for your presentation. In fact, because of how you concluded, I want to go on a different track from where I was going.

I'm familiar with al-Shabaab. I don't know if you are prepared for this question, because it's outside of Eritrea. In how many countries would you say al-Shabaab has insurgents?

[Patricia Malikail]

I think it's very difficult to give a precise number of countries, but we know they're in Somalia, Ethiopia, Kenya, and possibly Uganda—so quite a few.

[David Sweet, Conservative, Ancaster—Dundas—Flamborough—Westdale, ON]

These are very dangerous people who have caused many a conflagration. Do you have good evidence that they are supporting this group—the regime that leads Eritrea?

[Patricia Malikail]

The UN monitoring group has substantiated that.

[David Sweet, Conservative, Ancaster—Dundas—Flamborough—Westdale, ON]

Is there any other way to describe Eritrea at this time, other than as a full-out dictatorship? Is it centralized around a group of people or one individual?

[Patricia Malikail]

I think it's difficult to say. The constitution makes provision for certain institutions, but we're increasingly seeing power held in the hands of a few individuals. So institutions and what's on paper are one thing; what we're seeing in reality is another.

[David Sweet, Conservative, Ancaster—Dundas—Flamborough—Westdale, ON]

I just find it amazing that Reporters Without Borders rate Eritrea even worse than North Korea, as far as being able to get in and get any kind of information.

Are any NGOs allowed entry into Eritrea to check on human rights violations and provide aid that we're aware of presently?

[Patricia Malikail]

We know that international NGOs are banned. We know that organizations of the United Nations like the WFP have stopped working in Eritrea. I'm not aware of any international NGOs that are operating in Eritrea at this time.

[David Sweet, Conservative, Ancaster—Dundas—Flamborough—Westdale, ON]

Does Eritrea have good diplomatic relations with any country in Africa that we're aware of?

[Patricia Malikail]

Recently Eritrea joined the African Union again. It had removed itself from the African Union for a number of years, but this year, at the end of January, it took part in the African Union summit. I think the African Union is aware of the possibilities of diplomacy. For Eritrea we'll see what happens.

[David Sweet, Conservative, Ancaster—Dundas—Flamborough—Westdale, ON]

That's very fresh. So you see that as a glimmer of hope that there may be some unfreezing of diplomatic relations in the near future.

[Patricia Malikail]

Just the fact that Eritrea is in a forum where other African nations are present is a positive sign. The fact is that there will be more opportunity to engage Eritrea.

[David Sweet, Conservative, Ancaster—Dundas—Flamborough—Westdale, ON]

If I recall your remarks, we don't have anyone actually in Eritrea with diplomatic relations right now; they're in a different country. Is that correct? An ambassador, a consul general, or....

[Patricia Malikail]

Yes. Just to be clear, we maintain diplomatic relations with Eritrea. We used to cover Eritrea from Nairobi. Last year a decision was taken to change the accreditation for Eritrea to Khartoum in Sudan. As you may be aware, last year in July, South Sudan became the newest country in the world. We did a little bit of rejigging of accreditations, so Eritrea is now covered by our ambassador in Khartoum—north Sudan, the Republic of Sudan. He has yet to present credentials.

[David Sweet, Conservative, Ancaster—Dundas—Flamborough—Westdale, ON]

My last question is on those who are of Eritrean descent in Canada. I understand there's a diaspora tax. Can you tell us the truth about this—I've heard a couple of versions—and what the government is doing about it?

[Patricia Malikail]

We're aware that some Eritrean Canadians have complained to reporters that they're being pressured to pay a 2% tax to the country of origin under its laws. People have talked about this as extortion, and others appear to be willing to pay what they consider to be a tax because they feel it's important to rebuild Eritrea.

As a government we're concerned about media reports that suggest Eritrea is using coercive methods to collect this tax. Eritrea has the ability to create and levy taxes as it wishes, but foreign taxes can't be collected on Canadian territory without Canada's consent. This would violate Canadian sovereignty. It applies to what's referred to as the diaspora tax, so it's unenforceable in Canada. Using consular premises such as the Eritrean consulate in Toronto would contravene the Vienna Convention on Consular Relations.

[David Sweet, Conservative, Ancaster—Dundas—Flamborough—Westdale, ON]

From your answer, it sounds like we haven't had any official complaints. There have been media stories about individuals who have said they were subject to this. Is that correct?

[Patricia Malikail]

Yes, that's correct. The government hasn't received any official complaints.

[David Sweet, Conservative, Ancaster—Dundas—Flamborough—Westdale, ON]

Thank you.

[The Chair, Conservative, Scott Reid]

Thank you, Mr. Sweet. That was exactly the right time: six minutes and seven seconds.

Madame Péclet, s'il vous plaît.

[Ève Péclet, NDP, La Pointe-de-l'Île, QC]

I would like to thank our witnesses for being here with us today.

Mr. Sweet asked about the access of international organizations to this country, but as concerns national organizations, you said in your presentation that Eritrean NGOs are required to register with the government. They thus have limited independence. For example, does the government have a say regarding the activities of these organizations? These people likely do not receive international financial assistance, but I am wondering if other nations can intervene locally through Eritrean organizations.

[Patricia Malikail]

Thank you very much for your question.

The truth is that we do not really know how Eritrean regulations affect NGOs. We do not have a lot of contacts or news in this respect. It is very difficult for other countries to exert any kind of influence. In short, that is the current situation.