Mr. Speaker, I would like to speak to the motion of the hon. member for Rosemont--Petite--Patrie proposing that the government take the necessary measures for Canada to ratify the inter-American convention to prevent and punish torture.
It cannot be disputed that the aims of this convention are laudatory. Canada has repeatedly and unequivocally denounced the heinous crime of torture. Its use is condemned in numerous international instruments. Recognition for the need of a comprehensive global instrument led to the adoption of the United Nations convention on torture.
The scope of this instrument is impressive as it pulls together the references to torture in various other instruments, provides a definition of torture, establishes a complaint mechanism and prescribes measures for education, prevention and international co-operation.
Canada's opposition to torture long predates the adoption of the United Nations convention on torture. As a party to that convention Canada has taken and continues to take significant measures to prevent and punish any acts of torture.
Torture is prohibited by law in Canada and no exceptional circumstances may be invoked as a justification for its use. Torture or cruel, inhuman or degrading treatment occurs in Canada only in aberrational situations and never as a matter of policy. When it does occur victims are entitled to various remedies, including compensation.
Although allegations of torture in Canada are extremely rare Canadian police officers found guilty of any form of misconduct, including abuse of power or excessive use of force, are subject to the same laws that apply to all other residents of Canada.
Complaint mechanisms which exist for federal and provincial police forces ensure that a citizen may exercise the right to complain about any officer's conduct to an independent public body. Canada has also recognized the confidence of the United Nations committee against torture to receive and process individual complaints.
Citizenship and Immigration Canada facilities have been visited by organizations such as the United Nations high commissioner for refugees, the UN special rapporteur on the human rights of migrants and the Canadian Council for Refugees. At the request of the Government of Canada the inter-American commission on human rights visited Canada in the fall of 1997. The commission met privately with detainees in facilities in Toronto and Montreal and also observed detention review hearings. The commission concluded that the immigration detention centres complied with standards for detention.
I will turn specifically to the Organization of American States convention on torture. There is one historical reality that must be appreciated in any consideration of Canada's position on the inter-American convention to prevent and punish torture, namely that Canada did not belong to the OAS 17 years ago when the convention was negotiated.
This in itself would not normally prevent Canada from becoming a party to the instrument, but it does have an impact upon the content of the instrument that is negotiated. In fact it did not prevent Canada from becoming a party to two OAS 1948 conventions regarding civil and political rights for women. As a non-participant in the process of elaborating this convention we were not afforded the opportunity to communicate our concerns and have them taken into consideration as part of the normal give and take of such negotiations. It is a simple fact but one which has a direct impact upon our current concerns with respect to elements of the convention.
It cannot be said that Canada is averse to commitment when it comes to human rights instruments as we are a party to many other such instruments, including all of the major human rights instruments of the United Nations.
Canada was actively involved in the negotiation of the United Nations convention against torture and other cruel, inhuman or degrading treatment or punishment at the time that the OAS torture convention was being negotiated. Negotiations on the UN convention commenced well before negotiations on the OAS treaty and continued concurrently with the OAS negotiations.
The UN convention entered into force in June 1987 with 20 state parties. In contrast the OAS convention entered into force in February 1987 with two state parties. Some 15 years later the UN convention has 126 parties, including 21 OAS members while the OAS convention only has 16 parties.
It is generally accepted that the United Nations convention on torture provides higher standards and stronger protections than the OAS convention. Canada's approach is to invest our efforts in the effective implementation of the stronger human rights instruments rather than in the ratification of a weaker convention that may ultimately compete with and thereby dilute the strength of the existing UN convention against torture.
In addition, concerns reside around the OAS convention being so broadly framed and the language so imprecise that it makes it difficult to ascertain what would be the exact nature of Canada's obligations should a decision be taken to proceed toward accession. The Government of Canada could not ratify or accede to an international instrument without first determining the exact nature of the resulting obligations, and that these obligations would be capable of implementation in all jurisdictions.
At the international level, Canada is strongly supporting the special reporter on torture and other initiatives looking into violence against women, extra-legal executions, torture, as well as cruel, inhumane or degrading treatment going on in some countries. We think there should be a mechanism ensuring regular visits to detention centers, especially when there are allegations of torture. To this end, we strongly support an optional protocol to the UN convention against torture.
It is also important to ensure that, wherever it happens, torture does not go unpunished. This is why Canada has taken a leadership role in the negotiation and ratification of the Rome Statute of the International Criminal Court. The international criminal court, which will be established on July 1, 2002, is only one way to ensure that torture, even when carried out by people in a position of power, does not go unpunished.
I must emphasize that Canada's non-adherence to the inter-American convention to prevent and punish torture does not detract in any way from our solid commitment to the highest human rights standards both in the Americas and globally.
Indeed Canada has shown itself to be a strong and constant supporter of the inter-American human rights system and will continue to be so regardless of whether we are party to this particular instrument. Similarly Canada is committed to the prevention and punishment of all acts of torture and will continue its efforts toward a consistent, effective global response to these crimes.