Earlier today (Feb. 3), Canada’s record of compliance
with its international human rights obligations (including the right to
housing) was reviewed by the United Nations’ Human Rights Council in
Geneva. You can find more information at http://www.ohchr.org/EN/HRBodies/UPR/Pages/Highlights3February2009am.aspx
Here is the “unofficial” record of today’s
review from the UN HRC (notice the very selective use of last week’s
federal budget to buttress Canada’s position):
Human Rights Council –
Universal Periodic Review
3
February 2009 (morning)
For use of information media; not an official record
· The
Human Rights Council’s Universal Periodic Review Working Group this
afternoon reviewed the fulfilment of human rights obligations by the Canada,
during which 45 Council members and observers raised a number of issues
pertaining to the human rights situation in the country.
· Presenting
the national report of Canada was John SIMS, Deputy Minister of Justice
of Canada, who noted that Canada had a long tradition of promotion and
protection of freedom, democracy, human rights, and the rule of law both at
home and abroad. Canada was a democratic country with a written constitution
based on the rule of law, a division of law-making authority between levels of
government and an entrenched bill of rights – the Canadian Charter of
Rights and Freedoms. Indigenous peoples, who were the first inhabitants of
Canadian territory, were a defining aspect of Canada. Canada was a
multicultural and multi-ethnic society whose ethno-cultural composition had
been shaped over time by different waves of immigrants and their descendants.
While the common law and statutes in Canada provided some human rights
protection prior to 1948, more comprehensive human rights statutes protecting
against discrimination in the provision of public services began to be enacted
in provinces beginning in the late 1940s and throughout the 50s and 60s.
Canada’s human rights tradition was also particular to its environment
and its political and cultural heritage. In most cases, the advancement of
economic, social and cultural rights was achieved through policies, programmes,
and incentives. In Canada, respect for human rights had become very much a part
of its national discourse. This public discussion of human rights was ongoing.
As to the preparation of the national report, in January, engagement sessions
with civil society were held in six cities across Canada. These meetings
attracted a wide range of Aboriginal representatives and NGOs.
On
Aboriginal issues, the Deputy Minister noted that reconciliation and a renewed
partnership with Aboriginal people have become key pillars in Canada’s
Aboriginal Agenda. On June 11, 2008, the Government of Canada, on behalf of all
Canadians, offered an historic formal apology to former student of Indian
Residential Schools. The apology was part of the Indian Schools Residential
Settlement Agreement, which included compensation to former students and the
creation of a Truth and Reconciliation Commission to give voice to those who
experienced the Indian Residential School system. In addition, the Canadian
Human Rights Act was amended last year to allow issues of discrimination
arising under the Indian Act to be addressed under the Canadian Human Rights
Act. Violence against Aboriginal women was an issue of significant concern and
one that had been highlighted by various agencies, groups and bodies. Canada
was working with Aboriginal women and organizations to develop and enhance
family violence prevention programmes and services on reserves in Canada.
Canada remained committed to fulfilling its existing human rights obligations
and commitment to Aboriginal peoples in Canada and was active internationally
in working to improve the situation of indigenous peoples around the world.
Turning
to the issue of housing and homelessness in Canada, the head of delegation
noted that in Canada’s budget presentation last week, the Government
promised 2 billion dollars to face this challenge. In 2007, Canada implemented
the Homelessness Partnering Strategy in order to prevent and reduce
homelessness in communities across Canada. Governments in Canada were also making
substantial investments through a range of programmes, including ongoing
funding to support some 626,000 existing social housing units. Most recently,
in the Fall of 2008, the Canadian Government approved a five-year funding plan,
placing an even more concerted effort on the housing needs of Canadians. On the
issue of counter-terrorism, Canada did not see respect for human rights and the
fight against terrorism as mutually exclusive endeavours. The laws of Canada
contained safeguards for the protection of the rights of terrorist suspects.
Canada’s Anti-Terrorism Act implemented Security Council resolution 1373
and related obligations. This Act was not emergency legislation. Rather it was
legislation that amended a number of existing laws and added new forms of the
government to Canada’s general criminal law. Canada was making progress
on enhancing procedural due process rights in hearing in which highly sensitive
information formed part of the Government’s case. Recently, Canada put in
place a programme of special advocates appointed to act on behalf of persons in
immigration cases where those persons were not permitted access to sensitive
information.
· During
the three-hour interactive discussion delegations noted a number of positive
achievements of the State under review. These included the legislative
measures to improve the situation of Aboriginal people; actions and policies to
protect and uphold the rights of vulnerable people; the high rate of women in
political positions in Canada; the promotion of gender equality; Canada’s
open policy in welcoming immigrants into its territory; Canada’s
large-scale financial contribution to the budget of international human rights
and humanitarian-related organizations; the commitment expressed by Canada to
address socio-economic disparities and inequalities; and efforts at combating
discrimination and racism.
· Issues
and questions raised by the Working Group, comprised of the 47 members of
the Council, and observers participating in the interactive discussion related
to efforts to improve the standards of living for the most vulnerable groups;
information on the discriminatory effects of the Indian Act on the transmission
of Indian status to children, the rights to marry, own and inherit property;
the steps to eliminate all forms of discrimination; the steps to improve the
rights of persons with disabilities; whether Canada was reconsidering its
decision to withdraw from the Durban reviews process; steps taken to implement
the recommendations of the Special Rapporteur on racism; measures considered to
improve the situation of Canadians of African descent in terms of access to
education and problems with poverty, in particular; measures taken to counter
trafficking in persons; efforts undertaken by Canada to address and punish
cased of violence against women; whether the Government was considering
measures to criminalize domestic violence; the complaints mechanism in place
for the victims of violence against women; an explanation for budget cuts in
HIV/AIDS funding; and measures taken to alleviate poverty.
Addition
questions pertained to the measures taken to ensure that Canada’s combat
forces serving in Afghanistan complied with Canada’s human rights
obligations in the context of armed conflict prevailing in that country; the
law on refugees; the measures taken to address cases of asylum seekers or
immigrants in irregular status; the intention of Canada to ratify international
human rights instruments it had yet to; the intention of the Government to
reform the way in which it cooperated with civil society; information on the
government-supported Sisters in Spirit initiative regarding, for example, the
partnership between the Government and civil society, or best practices; the
extent to which civil society was consulted in the drafting of the national
report and plans to bring them into the follow up process to the review; and
the status of the change of policy with regard to clemency of the death penalty
in foreign countries.
· A
number of delegations also posed specific recommendations. These
included: For Canada to re-consider its position and endorse the Declaration of
the Rights of Indigenous Peoples; to consider ratifying ILO Convention 169; to
ensure that all relevant recommendations of UN treaty bodies were fully taken
into account and that these did not restrict the development of Aboriginal
rights in the country; to redouble efforts to settle territorial claims by
Aboriginal people; to establish immediate means of redress and protection of
rights of Aboriginal people and other ethno-minorities; to give the highest
priority to addressing inequalities between Aboriginal and other citizens in
Canada, particularly in economic development, education, citizen empowerment
and protection of the vulnerable, resolution of land claims and reconciliation,
governance and self-governance; to continue its efforts to tackle
discrimination against Aboriginal women; and to address the root cause of
domestic violence against women, in particular Aboriginal women.
Other
recommendations included: To consider specific legislation on domestic
violence; to take measures to help the effective access to justice for victims
of domestic violence; to criminalize domestic violence; to properly investigate
cases of the death of indigenous women; to take on board the recommendations of
CEDAW to criminalize domestic violence; to strengthen enforcement of
legislations and programmes on prohibition of commercial sexual exploitation of
children; to monitor closely the situation of victims of human trafficking,
women migrant workers and women prisoners; and to conduct a review of the
effectiveness of legislation relevant to trafficking in human beings and to
implement reforms, where necessary, to strengthen the protection of the rights
of victims of trafficking.
Additionally,
States recommended that Canada: Give appropriate attention to end racial
discrimination against the Arab and Muslim communities in Canada including
racial and religious profiling; to avoid the misuse of procedures to profile on
the basis of race, religion and origin; to apply provisions of its hate speech
law in a non-selective manner to cover incidents that may lead to incitement to
racial and religious hatred and violence; to review its discriminatory national
laws on security and to adopt sensitization campaigns to protect racial
profiling and stereotyping certain national ethic, descent and race with
terrorism; to combat socio-economic discrimination; to address the root causes
of discrimination; to consider ratifying the Convention of the rights of
persons with disabilities; and to ensure appropriate representation of minority
communities at all levels of government.
Another
set of recommendations included: To submit to scrutiny the regulations
governing the use of “Taser” weapons; to accede to the Optional
Protocol to the Convention against Torture; to reinstate the current policy
with regard to seeking clemency on behalf of all Canadian citizens sentences to
death in other countries; to ensure that detention and prison facilities as
well as standards for the treatment of juveniles were adjusted so that they
were gender sensitive and ensure effective protection of personal safety of
detainees and prisoners; to ensure effective access to justice; to consider
ratifying the Convention on enforced and involuntary disappearances; to accede
to the Convention on the Rights of Migrant Workers and Members of their
families; to make immigration procedures more transparent and objective and
take concrete measures; to accede to the pending visit request of the Special
Rapporteur on human rights of migrants; and to launch a comprehensive reviews
leading to legal and policy reforms which protected the rights of refugees and
migrants.
Other
recommendations included: To ratify international human rights instruments it
had yet to; to establish an effective and inclusive process to follow up on UPR
recommendations; to associate itself with the Institution Building package of
the Human Rights Council; to intensify efforts to ensure that higher education
was equally accessible to all on the basis of capacity; and to take on board
the recommendations of the Special Rapporteur on adequate housing, specifically
to extend and enhance the national homelessness programme and the Residential
Rehabilitation Assistance Programme.
· Members
States taking the floor during the interactive discussion were Switzerland,
Italy, Chile, Cuba, the United Kingdom, Mexico, Pakistan, the Netherlands,
Brazil, Indonesia, Azerbaijan, India, Malaysia, the Philippines, Bolivia,
Burkina Faso, Ukraine, Jordan, Saudi Arabia, Egypt, Argentina, China, Japan,
Bosnia and Herzegovina, the Russian Federation, France, the Republic of Korea
and Slovakia.
· Observer
States participating in the discussion were Austria, Norway, Australia, Algeria,
Morocco, Liechtenstein, Romania, Chad, Turkey, Finland, the Czech Republic,
Iran, Belgium, Portugal, Vietnam, Syria and Denmark.
· The
20-person delegation of Canada consisted of representatives of the
Department of Justice, the Department of Indian and Northern Affairs, the
Department of Human Resources and Skills Development, the Department of Foreign
Affairs, the Department of Canadian Heritage, the Office of the Attorney
General in the Province of Saskatchewan, le Ministère des Relations Internationales,
Province du Québec, le Mission du Canada à Beijing and the Permanent Mission of
Canada to the United Nations Office at Geneva.
· The
three Council members serving as rapporteurs – troika - for the
review of Canada are the United Kingdom, Azerbaijan and Bangladesh.
· In
accordance with its institution-building package, the three documents on which
State reviews should be based are information prepared by the State concerned,
which could be presented either orally or in writing; information contained in
the reports of treaty bodies and Special Procedures, to be compiled in a report
by the Office of the High Commissioner for Human Rights (OHCHR); and
information provided by other relevant stakeholders to the UPR including
non-governmental organizations, national human rights institutions, human
rights defenders, academic institutions and research institutes, regional
organizations, as well as civil society representatives, also to be summarized
by OHCHR in a separate document. The reports on Canada can be found here.
· The
UPR Working Group is scheduled to adopt the report of Canada on Thursday, 5
February.
*
* *
Michael
Shapcott, Director of Community Engagement
The
Wellesley Institute, 45 Charles Street East - #101
Toronto,
Ontario, Canada, M4Y 1S2
Telephone
- 416-972-1010, x231
Mobile
- 416-605-8316
Facsimile
- 416-921-7228