Mr. Speaker, it gives me great pleasure to rise today to debate Bill S-37.
This bill has direct consequences for Canada's position in the world community. In the wake of damage and destruction of important cultural heritage during the tragic years of World War II, the nations of the world took action.
They were determined to establish a mechanism to condemn such destruction. They were eager to work together to try to ensure that such destruction would never be repeated. Above all, they recognized that the damage to the heritage of one nation impoverishes the heritage of all nations.
Nations recognized that if the world's cultural heritage were to be preserved and passed on to future generations, it would require a multilateral effort. It would require cooperation. It would require a sense of collective responsibility.
Bill S-37 is based on these very principles. UNESCO was the forum where nations took action in 1954. They came together at The Hague and adopted the convention for the protection of cultural property in the event of armed conflict. It is often simply referred to as the Hague convention.
The basic principles of the convention echo what were, even then, widely accepted rules of engagement in war. Those very same principles and rules are also reflected in the 1949 Geneva convention and its protocols, which are perhaps more familiar to all of us.
They include rules that prohibit the Intentional targeting of cultural sites by military forces, rules that prohibit the use of cultural sites in a way that would make them a military target, and rules prohibiting reprisals against cultural sites.
These are not just empty words. Only recently, the international criminal tribunal for the former Yugoslavia convicted former military personnel for their attack on the historic city of Dubrovnik in 1991. They were convicted of war crimes for the intentional targeting of an important cultural site.
Canada, along with many of our allies, including the United States and the United Kingdom, chose not to join the Hague convention during the difficult years of the cold war, but with the end of the cold war in the 1990s, we began to rethink our position on the convention. I am happy to say that we became a state party to the Hague convention in 1999.
The House will recall that this was a time when Canada expressed its commitment to human security issues and the promotion of the rule of law on a number of fronts internationally. We championed the international treaty on landmines. We were a leader in the effort to establish the International Criminal Court. We joined the Hague convention in 1999 as part of that same commitment to human security and the rule of law.
We understand as a nation that cultural heritage speaks to the soul and the identity of a people. We understand that the protection of cultural heritage contributes directly to the long term well-being of a community and to the well-being of a nation.
We understand that cultural heritage can build understanding and that the intentional destruction of heritage can fuel ethnic conflict and political instability.
When we joined the Hague convention in 1999, Canada also reaffirmed its longstanding commitment to international cooperation to protect cultural heritage.
Canada has a long record of participation and leadership in that field. We are a state party to the 1972 world heritage convention and we have chaired the world heritage committee. We are a state party to the 1970 UNESCO convention on illicit trafficking in cultural property. We currently chair UNESCO's intergovernmental committee on return and restitution of cultural property.
Canada's cultural community has a wealth of expertise that is continually sought by other nations to help them build the capacity to protect their heritage. In other words, Canada is recognized for its commitment to the protection of heritage and to the need for collaboration between states in that important task. Bill S-37 provides a further illustration of Canada's commitment.
There are two protocols to the Hague convention. The first protocol, adopted in 1954, establishes obligations, among other things, to return cultural property that has been taken illegally from an occupied territory.
The second protocol, adopted by UNESCO in 1999, expands on many of the concepts of the convention and the first protocol. One of the most important aspects of the second protocol is the range of obligation it creates for states to prosecute those who commit certain acts against cultural heritage during armed conflict. This is what I mean when I talk about the mutual responsibility of states to protect heritage.
These aspects of the Hague protocol speak directly to that responsibility. It means that if a country is occupied and someone illegally exports cultural material, the country can look to others for help in getting the material back. It means that a state commits to pursuing those found to be in its territory who have damaged, destroyed or looted cultural property during conflicts in other countries. It means that cultural heritage is important to us all and that we have a collective responsibility to help each other protect it.
Canada joined the Hague convention in 1999. Since then the government has been hard at work to determine exactly what would be required in Canadian law in order for us to join the convention's two protocols.
It is very important to point out that even though we have not yet joined the protocols, the legal concepts on which they are based are already enshrined in Canadian law. In order to implement our obligations under the protocols, we already have in place almost everything that is required. This should come as no surprise.
The Crimes Against Humanity and War Crimes Act establishes the authority in Canadian law to prosecute war crimes. That includes acts against culture property that are prohibited under the protocols to the Geneva convention and similar acts prohibited under the Hague convention. Further, the National Defence Act has already established obligations for conduct of our armed forces that mirror obligations on the military under the Hague convention and its protocols.
Clearly Canada has already taken the step of demonstrating through legislation our commitment in this area. We have stepped up to the plate. We have demonstrated we are willing to acknowledge our responsibilities as a member of the world community, not just by words but through action.
Through Bill S-37 we once again have the opportunity to take action and we have the opportunity to take the steps necessary to allow Canada to join the protocols.
Why us? I have already spoken about our commitment to the international cooperation for the protection of the world's heritage, but I also want to talk about Canada and Canadians.
Canada is a unique experiment in multiculturalism. Our society is the most multicultural in the world. Canadians can trace their roots to virtually every corner of the globe. We do not expect anyone to forsake his or her cultural roots in order to be a Canadian. In fact, it is just the opposite. We celebrate our diversity. Many Canadians arrived here from countries that are mired in conflict. Others suffered the distress and heartbreak of seeing their country of birth or the country of birth of their ancestors torn by conflict.
By demonstrating our commitment as a nation to protect the world's heritage, especially in times of armed conflict, we send Canadians a message. We are saying to them that we value them, that we value their heritage and that we are committed to doing what we can to protect it.
What other message would joining the protocol send? It would send the message that Canada is committed to the protection of cultural diversity throughout the world; that Canada is committed to acting multilaterally, through multilateral institutions like UNESCO and multilateral agreements like the Hague convention and its protocols; that Canada is committed to promoting respect for the rule of law internationally; that Canada and Canadians are accountable for our actions.
Why now? The second protocol to the Hague convention came into force only in March 2004. As potentially the first G-8 country to join the second protocol, we are in a position to demonstrate leadership in our commitment to the international cooperation for the protection of heritage.
With the passage of the Crimes Against Humanity and War Crimes Act, we have already overcome almost all of the legislative hurdles to joining the protocols.
Unfortunately, recent conflicts in Afghanistan and Iraq have shown us only too well the risks faced by cultural heritage during armed conflict. It has shown us the need for all nations to rededicate themselves to instruments such as the Hague protocols.
Why this bill? As I have already said, almost everything Canada needs to implement our obligations under the protocols is already in place, but there are some gaps. While they may be few in number, they are not insignificant. We need to address those gaps and we need to make sure that we can fulfill the treaty obligations we would have under the protocols.
That is what Bill S-37 does. It amends the Criminal Code. It will allow us to prosecute Canadians who commit acts such as theft, arson and vandalism against significant cultural property abroad. Such acts are specifically prohibited under the second protocol and states who join that protocol must be able to prosecute those who commit them.
Bill S-37 also amends the Cultural Property Export and Import Act. It will allow us to prosecute Canadians who illegally export cultural property. Right now we can do it only if they import to Canada. It will allow us to prosecute those who illegally export cultural property from an occupied territory that is party to the second protocol. Again, such exports are prohibited under both protocols and the second protocol requires states to prosecute those who commit such acts.
It will strengthen Canada's role in returning cultural property that has been illegally exported from an occupied territory. It will also acknowledge that when Canada is asked to accept cultural property for safe keeping by another country that is in conflict, we have an obligation to return it at the end of that conflict.
These are significant steps. They speak to the heart of what it means for countries to work together to protect heritage in conflict and to help each other recover from the effects of conflict.
I urge members to support Bill S-37. It will clear the path for Canada to join the Hague protocols. It will affirm Canada's protection of the world's heritage. It will signal to the world that we will not be a haven for those who commit acts against heritage during conflict. It will demonstrate Canada's leadership in promoting the rule of law internationally. It will tell Canadians and the world that when any nation's heritage is attacked, we must all defend it.