moved:
That, in the opinion of this House, the government should take the necessary measures for Canada to ratify the Inter-American Convention to Prevent and Punish Torture.
Mr. Speaker, I am most happy to speak today to Motion No. 432, sponsored by myself.
This motion would have parliament debate the very broad issue of torture, more specifically in the Americas. After three hours of what I hope will be a most civilized debate, we will be able to vote on the motion. Therefore, not only will we have a debate on the issue, but following the three hours of debate, we will proceed to a vote.
As you know, every motion and every bill that is deemed votable is important, because they often represent an important symbol.
In the 20 minutes I am allocated, I will broach a number of elements, approximately 10, in my efforts to convince the House that parliament should support the motion I have moved.
First, I shall deal with the motion, then I will discuss the issue of torture in general, including the different definitions that exist regarding the concept of torture, both in the inter-American convention, but also in the UN convention on torture.
I will also deal with the following questions: Where are specific types of torture being practiced in the Americas? Which countries are the most likely to fall prey to this practice, which is completely unacceptable? Who are the victims of torture? And finally, is torture practiced in the Americas?
We must hold this debate to determine if torture is present in the Americas in order to decide whether or not to adopt the motion.
Then I will deal with the convention as such. I will cite a number of articles clarifying the scope of what parliament is perhaps preparing to adopt in a few weeks.
I will also look at the UN convention. Although there is now an inter-American convention on torture, under the aegis of the Organization of American States, which represents 34 countries in the Americas, the United Nations has also adopted a convention on torture, which Canada has signed.
I will, of course, speak about the paradox which exists because, although Canada has decided to sign the UN convention on torture, it has so far refused to sign the one included in the inter-American convention.
I will also look at the issue of support because, naturally, the reason I am introducing a motion such as this today is because it represents an important symbol for the Canadians and Quebecers, as well as for a number of organizations, who are working daily to defend human rights in the Americas and throughout the world.
Finally, I will speak about specific cases. Because we have seen important cases, such as in Somalia where Canadian commanders or soldiers were accused of torturing Somalis. There are therefore specific cases which exist and have been documented and which we must examine.
Finally, I will speak about a number of paradoxes, but also about the importance of human rights, at a time when we are entering the era of globalization and economic activity and trade are becoming increasingly important. I will be making the point that there should also be a significant emphasis on the defence and protection of human rights, with particular consideration given to torture, as part of our current negotiations for a free trade area of the Americas.
What does Motion No. 432 say? It says this:
That, in the opinion of this House, the government should take the necessary measures for Canada to ratify the Inter-American Convention to Prevent and Punish Torture.
Torture is a reality that we cannot deny. I would even say it is very much on the increase. Torture has become an increasingly complex reality, but also a more and more present reality. It can take a number of forms. Generally there is no problem reaching agreement on torture with electrodes or rape, but this is not the case with certain tough interrogation methods, such as sensory deprivation and police brutality.
The definition in use in the Americas is a broader one. The definition included in the Inter-American Convention to Prevent and Punish Torture is broader as well, and states that “Torture shall also be understood to be the use of methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical pain or mental anguish”.
Torture is not therefore just any form of violence or human rights violation. It is, in a way, their most serious form, because it involves what I will term a deliberate decision. That decision is often made in the name of the state, or at least tolerated by it, a decision to deny and to break down a person, to kill the most important aspect of that person, namely his humanity.
The reality of torture also takes the form of cruel, inhumane or degrading conditions of detention. The reality of torture is that those who resort to it are seeking to obtain confessions or information, to break the individual, to punish, to terrorize entire populations or social groups. No matter what the motive, it always involves power and domination, aimed at crushing the victim, humiliation, dehumanization.
It is the most important form of violation of human rights, often used against individuals, journalists, labour unions, specific social groups, sometimes even those involved in protecting basic human rights in the world.
Where is torture practiced? Just about everywhere in the world. It is generalized, and still used in more than 70 of the world's 190 countries. In over 80 of them, there have been deaths by torture in the past three years. According to a study of the period from 1997 to 2000, there were reports of torture or abuse in more than 150 countries.
This practice is present in more than 70 of the 190 countries in the world as a means of dehumanizing people, getting confessions out of them using methods that are often cruel, degrading and totally unacceptable as far as human rights are concerned.
Who is the victim of torture? In examining what is called the geography of torture, one can see that there is a clear correlation between torture and prejudice against certain groups.
Jawad Squalli, the Quebec spokesperson for Amnesty International's worldwide campaign for a world without torture, notes that in the United States, for example, black people are more likely to be brutalized or tortured.
Gays, lesbians, bisexuals and transsexuals who are forced to flee their country of origin for fear of persecution often have to suffer abuse or torture also. In Latin America, native people are increasingly at risk.
Torture is being inflicted upon individuals and groups that do not fit the stereotype in each country. What is not accepted in some countries is accepted in other countries.
That is why international conventions are important, including the Inter-American Convention to Prevent and Punish Torture, to protect the right of people to freedom of expression, their right to be who they are, and to prevent them from being placed in degrading or humiliating situations.
Torture exists in the Americas. We must talk about the Americas because that is what the inter-American convention deals with. Cases of torture have been identified in South America: police brutality, corruption, acts of torture in police stations and beatings in prisons are just a few examples.
For instance, the conditions in which prisoners are detained in some South American countries constitute flagrant violations of human rights. While the legislation and constitution of most countries on our continent stipulate that prisoners must be treated humanely, conditions in most South American prisons are usually cruel, inhuman and degrading. Reporters detained for their political beliefs are another example.
José is a prime example. José, of course, is an alias. This 15 year old boy was arrested in June of 1999 in Xinguara, in the state of Para, in Brazil. He was so brutally beaten that he now must get psychological support and health care. He was so severely beaten that witnesses thought he would not survive. He was forced to confess to previous arrests that never took place.
In Brazil, Ecuador, the United States, Nicaragua, Salvador and Venezuela, the number of police brutality cases for which an investigation was carried out and sentences were handed out is much lower than what is deemed acceptable. The same thing can be said about torture and abuse cases in Belize, Bolivia, Brazil, Peru and Salvador, and about cases involving human rights activists in Bolivia, Chili, Colombia and Mexico.
For example, in Colombia, while the people are victims of atrocities at the hands of armed forces, paramilitary groups supported by the army and armed opposition groups, the perpetrators of these horrors are still walking free.
In Latin America, close to 100,000 people are still being arbitrarily detained or are missing. On the pretence of fighting rebels, countries like Columbia and Mexico are condoning serious human rights violations, arbitrary arrests and detentions, extra-legal executions, and forced relocations of communities.
There are, of course, certain instruments that do exist. One of these is the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment.
The international community adopted this convention on December 10, 1984. It came into effect in June 1987. It provides the following definition of torture, and I quote:
—any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity—
Internationally, this UN convention exists to fight torture.
What we are focusing on today is the Inter-American Convention to Prevent and Punish Torture, and I hope that Canada will ratify it very soon.
This convention, which is under the aegis of the Organization of American States, the OAS, was signed in Cartagena on December 9, 1985, and came into effect in February 1997.
Only nine of the 34 member states of the OAS have not yet ratified the inter-American convention, including Canada and the United States.
The Inter-American Convention to Prevent and Punish Torture defines torture as the following:
—any act intentionally performed whereby physical or mental pain or suffering is inflicted on a person for purposes of criminal investigation, as a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other purpose. Torture shall also be understood to be the use of methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical pain or mental anguish.
Today, we are calling on parliament to adopt this Inter-American Convention to Prevent and Punish Torture. We fundamentally believe that economic activity is a means to meet certain human needs. It should therefore be subordinate to fundamental human rights and the values of the societies where it takes place.
For us, economic activity and human rights, including torture, cannot be separated. The free trade area of the Americas cannot become a reality if there is no respect for human rights.
The United States have not ratified any agreement within the inter-American human rights system. Canada must not follow that example. It must be consistent. It must ratify the Inter-American Convention to Prevent and Punish Torture, because it has already signed and ratified the United Nations convention against torture.
In closing, I will say that not only is this position shared by members of the Bloc Quebecois, but also, already, Amnesty International wrote to the Minister of Foreign Affairs on March 12, 2002, to support my private member's motion.
The letter is signed by Michel Frenette, director general of Amnesty International. He says, and I quote:
This is to ask for your support for this initiative. You are no doubt aware that Amnesty International has collected 75,000 signatures on a petition addressed to the Prime Minister on this subject.
By ratifying this convention, Canada would reinforce the commitment it made through the United Nations to prevent and combat torture; it would also provide greater focus for its action within the Americas, where this practice is still widespread.
Therefore, I urge all members to vote in favour of this motion, because human rights are fundamental rights.