Mr. Speaker, the promotion and protection of human rights is a long-standing foundation of Canadian foreign policy. Human rights are essential to Canada’s identity, prosperity and security, and a key component to addressing global challenges. Canada is strongly committed to taking action to respect, protect and fulfill the human rights of all, both at home and abroad. This action includes constructive engagement on human rights within the United Nations system. Canada advocates through bilateral diplomacy and technical assistance, public advocacy, support for local and international human rights defenders and civil society entities, including women’s rights organizations and women human rights defenders, the imposition of sanctions and export bans, and actions in regional and global multilateral forums.
Voices at Risk: Canada’s Guidelines on Supporting Human Rights Defenders”, found at https://www.international.gc.ca/world-monde/issues_development-enjeux_developpement/human_rights-droits_homme/rights_defenders_guide_defenseurs_droits.aspx?lang=eng, provides practical advice, tools and resources to Canadian officials supporting human rights defenders, or HRDs, around the world. As section 4.1 of the guidelines indicates, when the HRD at risk is a Canadian citizen, it is considered a consular case. In these instances, Canada can seek to leverage specific mechanisms for engagement due to the provisions of the Vienna Convention on Consular Relations, found at https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=III-6&chapter=3. However, these efforts can be complicated when the Canadian citizen HRD has dual or multiple citizenships, given that the degree to which dual citizenship is accepted or recognized varies from country to country. In all cases, regardless of the citizenship of HRDs, Canada’s approach is tailored to local contexts and circumstances, and respond to the specific needs of the HRDs.
Section 3.9 of the guidelines provides information on attending trials and hearings, and visiting detained HRDs, recognizing that these efforts can demonstrate a clear and visible expression of Canada’s concern, enable officials to monitor legal proceedings and observe whether due process is respected, and allow networking opportunities with human rights organizations, other diplomats and local authorities working on cases of concern. It is recognized that local authorities do not always allow foreign diplomats to attend trials and may implement restrictions on visiting HRDs in detention, even in the cases of Canadian citizens.
Section 3.1 further outlines that missions are encouraged to monitor relevant situations and report regularly on developments in their countries of accreditation, with information being shared with the relevant geographic bureau at headquarters, the human rights and indigenous affairs policy division and other units as appropriate. The management of this documentation requires serious considerations with respect to the protection and safety of the HRDs. Operational safeguards must be applied to ensure respect for confidentiality, the protection of sources and the security of information, to avoid heightening the risks faced by the HRDs and diminishing Canada’s ability to provide support.
GAC does not systematically track all HRD cases on which Canada is engaged in a centralized database. Producing and validating a comprehensive response to this question would require manual collection and review of information held by the human rights and indigenous affairs policy division, the consular affairs bureau and the geographic bureaus at headquarters, as well as by GAC’s network of 182 missions across 112 countries. It would also require significant due diligence measures to ensure any information released does not put HRDs more at risk and is compliant with the principles of the Privacy Act and other related legislation, which includes consulting with, and obtaining consent from, HRDs or their representatives. This is not possible in the time allotted for a response without risking the disclosure of information that is incomplete, inaccurate or misleading, which could cause extremely grave injury to the HRD or other individuals or entities, or could be injurious to the conduct of Canada’s international affairs.
Finally, the government is aware of Bill C-281, an act to amend the Department of Foreign Affairs, Trade and Development Act, the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), the Broadcasting Act and the Prohibiting Cluster Munitions Act, which is currently being studied by the Standing Senate Committee on Foreign Affairs and International Trade. This proposed legislation would, among items, impose new reporting requirements on the government with respect to Canada’s efforts to advance human rights internationally as part of Canada’s foreign policy and Canada’s advocacy on behalf of prisoners of conscience. As outlined by GAC officials during the study of the bill by the House of Commons Standing Committee on Foreign Affairs and International Development, while the department welcomes efforts to increase transparency with respect to Canada’s work on human rights globally, such a proposal could risk impeding diplomatic actions and could endanger the safety of the individuals concerned. The government supported a version of the bill at third reading stage in the House of Commons that contained amendments to address the most significant of these concerns, and it will continue to monitor the progress of the bill as it proceeds through the legislative process.
