International Trade committee  Clearly, neither the FARC nor drug gangs in Colombia have labour standards or other standards with respect to fundamental human rights, and that's long been one piece of the very worrying human rights story in Colombia and another reason why we have to be so careful and cautious as we move into any kind of trading relationship, because they are part of the picture.

International Trade committee  As a starting point, I think we have to highlight that while drug-related violence is absolutely a key part of what's playing out in Colombia, it's not the only part. Our information and some of the recent examples I highlighted for you clearly demonstrate that there are very serious violence and human rights abuses connected with struggle for control of areas that are seen to be high in economic potential, mineral wealth, etc.

International Trade committee  Thank you, Mr. Chair. Good morning, committee members. It's a pleasure to be in front of the committee again in the context of your study of Canada-South America trade relations. I was before the committee back in April 2008 as part of your study of free trade negotiations at the time between Canada and Colombia.

Foreign Affairs committee  That's right.

Foreign Affairs committee  I realize I was very brief in my reference there. The other thing is that the recommendations Amnesty International and others are putting forward also acknowledge that it would be important to put a safeguard in place to ensure that if it would be possible to pursue that lawsuit in the country where the harm happened, and if that country has a functioning, fair justice system, then that will more often than not be the best forum to pursue.

Foreign Affairs committee  With respect to the proposal about amendments to the State Immunity Act, I should clarify that the proposed amendments would limit the possibility for lawsuits against foreign governments to instances of particularly egregious human rights cases. It's human rights violations that are often called “crimes of universal jurisdiction”, instances where someone has been subjected to torture, for instance, or has suffered crimes against humanity or war crimes in a foreign country.

Foreign Affairs committee  But a very important section.

Foreign Affairs committee  This isn't linked to subsection 6(1). This is absolutely an international law concern.

Foreign Affairs committee  I think one of the things we have often come across--and this goes back years in our work on these cases--is that there's often a lack of imagination as to ways in which other countries can be drawn into assisting Canadian efforts on a case. I'm not saying it never happens, but it doesn't happen anywhere near as much as we think it should.

Foreign Affairs committee  Thank you for the question. We're not wedded to the notion of an ombudsman per se. I think what we're recommending is that there needs to be an office of independent authority and independent powers. It could be along the lines of what you heard from Mr. Boulakia as well. I think he called it a citizens' advocate commission.

Foreign Affairs committee  Off the top of my head, I don't know of another country that has an office or a body like what we're describing. I'm not saying that it doesn't exist. I'm not familiar with it. Maybe others are. We totally agree that there is need for work at the multilateral level as well. A whole variety of international legal issues that arise in these cases are problematic.

Foreign Affairs committee  Thank you very much, Mr. Sorenson, and good morning, committee members. It's a pleasure to be in front of you again. It's particularly a pleasure to have an opportunity to share concerns and recommendations regarding an issue that Amnesty International has followed closely for quite a number of years now.

Foreign Affairs committee  I think standards are necessary for two reasons. Number one, they create a consistent set of expectations for all players. Whether it's a small mom-and-pop mining company that's moving in or a large multi-billion-dollar company, they all have the same expectations as to the minimal human rights obligations they must live up to.

Foreign Affairs committee  There's nothing wrong with voluntary approaches in and of themselves. What we say is that voluntary approaches are never enough, and that's with respect to any human rights front, be it the human rights responsibilities of governments, of individuals, or of companies. We do--and this is from fifty years of human rights research--always come to the conclusion that ultimately you need some sense of obligation and enforcement.

Foreign Affairs committee  No, I don't think it would at all. I cannot think, off the top of my head, and I've heard no one point to an example of a company in Canada or anywhere around the world that has gone out of business because it has done the right thing when it comes to human rights. I think companies and those who raise this concern are, as I said in my remarks, being shortsighted in how they view this.