HUMAN RIGHTS
"We will take care to ensure that women as well as men benefit fully and
equally from the recognition of human rights and fundamental freedoms, which
were reiterated on the occasion of the Beijing Conference, and that the rights of
children be respected." (2)
COMPLIANCE GRADE: +1
Axworthy - February 5, 1997
"A commitment to human rights is fundamental to Canadian values and identity.
Human rights issues will be a consideration in any relationship we have."
Beijing Conference, September 1995 - resulted in the adoption, by consensus, of
the Beijing Declaration and the Platform for Action. To assist in measuring
Canada's compliance to the above human rights commitment, the Platform for
Action contains strategic objectives --actions which are to be taken by
governments -- which suggests that compliance must entail meeting a number of
these objectives. It is evident that such desired government action has for the
most part already been exercised by Canada at the domestic level. Nonetheless,
the following analysis represents new and or improved/sustained initiatives on
the part of the Canadian federal government. In the final analysis, China is
addressed. Despite China not being the focus of the Beijing Conference some
have suggested that Canada is undeserving of a positive compliance score
because of its trade relationship with China. But as the examples below illustrate,
it is clear that Canada's China policy does possess a human rights contingent
and essentially the value one accords to this human rights approach is thus a
subjective determination
CHILDREN'S RIGHTS
February 1997 - Axworthy - "this issue (children's rights) is a priority for Canadian
foreign policy."
DOMESTIC:
November 1996 - Canada adopts legislation to stop Sexual Tourism This
legislation will punish individuals who commit such crimes even when they are
committed outside of Canadian jurisdiction "The Canadian law makes clear that
the initiative is a result of new developments in international law...to prevent,
prohibit, eliminate and impose effective sanctions against practices harmful to
women and children" as promised from Beijing Conference."
Bill C-27, as passed by the House of Commons, on child prostitution,
child sex tourism, and female genital mutilation -- WHEREAS the Platform
for Action of the Beijing Conference recognizes...
INTERNATIONAL:
CIDA -- continues to devote a significant portion of its efforts to the healthy
development and protection of children in developing countries -- frequently
focusing on employment for adults/parents and education programs for children -
- especially girls
December 4, 1996 - UNICEF is Canada's primary vehicle for Canada
meeting its international commitments to the rights and welfare of children.
UNICEF is Canada's key partner in its efforts to meet basic human needs and
protect the rights of children and women in developing countries. Axworthy and
Boudria meet with UNICEF to discuss current and future projects
March 1997 -- Boudria announced 2 new initiatives to combat child labour
1) formation of an international task force with Norway
2) holding of a national consultation process to combat child labour
worldwide (05/23/97)
April 23, 1997 - Axworthy announced the creation of the Child Labour
Challenge Fund -- to support Canadian private sector initiatives at addressing
exploitative child labour internationally -- up to $200,000
annually to fund such projects
WOMEN'S RIGHTS:
Axworthy - "The principle of promoting women's rights as part of Canada's
human rights us fundamental to Canada's interpretation of its domestic and
international obligations."
In the aftermath of the Beijing Conference, Canada produced the Federal
Plan for Gender Equality = an initiative reflecting the government's resolve to
progress toward equality and represents a concerted effort of 24 federal
departments and agencies, spearheaded by the Status of Women Canada.
DFAIT has been working with Status of Women Canada to develop policies
and plans to advance Canadian interests in the follow-up to the Beijing
Conference on Women -- Status of Women Canada, established in 1971,
ensures that the federal government carries out its commitment to women's
equality in all spheres of Canadian life
Gender equality is recognized in both the Charter of Rights and Freedoms
and the Canadian Human Rights Act
Canada continues to support and involve itself in numerous human rights
organizations at both national and international levels (extensive list of
organizations which the Canadian government supports - on Women, Children
and universal equality, etc.)
CIDA - human rights is one of its top four objectives (pillars) as there is a
strong focus upon basic needs, poverty alleviation, women, democratic
development, etc.
Canada continues to take a leadership role in international efforts to
promote the human rights of women
COUNTRY SPECIFIC INITIATIVES:
September 1996 - Axworthy presents a Canadian human rights roster to the
UN General Assembly -- comprised of experts whom could be rapidly deployed
as part of peace-building operations and specialized human rights tasks
December 5, 1996 - Canada extends UN peacekeeping mission in Haiti.
Canada supports the government in its efforts to maintain a more secure society
-- to ensure basic needs are being met and alleviation of poverty is being
achieved -- Axworthy, Boudria, R.C.M.P.
December 5, 1996 - CIDA assists in refugee reintegration in Rwanda.
Boudria announced that Canada would lead this process with the Rwandan
government and stressed emphasis on Canada's focus -- needs of women and
children, housing justice, security, human resources development and agriculture
December 4, 1996 - Canada's main objective in support of the Guatemalan
peace accords is to assist in its making a peaceful transition to an open society
in which human rights are respected and its government can satisfy the needs of
its citizens through equitable development. Consequently, Axworthy, Boudria,
and CIDA hold a bilateral meeting with Eduardo Stein, Foreign Affairs Minister of
Guatemala
March 26, 1997 -- CIDA launches a new project in China, established to
improve the health and welfare of pregnant women and infant children – 4 year
project, $6 million
GENERAL:
Generally, Canada's human rights approach represents a combination of
targeted financial support, visits and exchanges, joint ministerial meetings and
work to broaden legal frameworks and strengthen human rights institutions
Canadian military exports now have stricter human rights criteria – with more
to come -- this is beneficial to the Beijing Conference Strategic Objectives of
which conflict resolution dictates that arms should be controlled
In the past year, DFAIT has established the Canadian Centre for Foreign
Policy Development and the John Holmes Fund -- have already sponsored a
number of events related to human rights, including round tables on China.
1996 - 2 new tools the Peace Building Find and the Canadian International
Information Strategy -- both of which will expand the government's capacity to
deal with human rights issues
CANADA'S CHINA POLICY: THE APPROACH IS CONSTRUCTIVE
ENGAGEMENT:
The Chretien government has identified human rights as part of its top three
Canadian foreign policy objectives (in the context of Projecting Canadian values
and culture in the world). However, some scholars have argued that Canada's
human rights stance has been reduced to mere rhetoric because of an alleged
emphasis of trade over human rights (i.e Team Canada missions). In response,
the Chretien government has argued that "Trade on its own does not promote
democratization or greater respect for human rights. But it does open doors. It
creates a relationship between governments and societies, within which we can
begin to speak about human rights." The Chretien government also argues that
its approach to human rights issues is contingent upon, and thus country
specific, the status of the human rights violating State. Despite the controversy, it
is equally valid to suggest that sanctioning human rights violators is often more
harmful to those who are in need of human rights protection. Thus, Canada aims
not to punish but to influence. As Axworthy argues, "dialogue and engagement
represent the most useful avenues for influencing governments."
Canada's China policy entails four interlocking pillars -- one of which human
rights is a part
Axworthy has used this past year to express to the Chinese Foreign Minister
his concerns of the liberties of Hong Kong citizens, political dissidents, and
women's rights
Canada has continued to fund a number of low-key programs in China --
from training judges and lawyers to implementing laws on women's rights
April 1997 - Canada votes against co-sponsoring a human rights resolution
on China at the UN Commission on Human Rights, however, Canada would vote
against any no-action motion introduced by China. Instead, Axworthy and
Secretary of State, Raymond Chan, stated that Canada would have greater
influence on the state of human rights in China by pursuing and intensifying
bilateral measures -- assistance to develop a legal aid system, more training of
Chinese judges, work towards implementation of
China's obligations under the UN Convention on Torture, cooperative work on
minority affairs, concrete measures from China's recent commitment to sign onto
additional international covenants.
A recent Sino-Canadian meeting resulted in an agreement reached on the
establishment of a joint Canada-China human rights committee
NEW CANADA-CHINA INITIATIVES
Canada will be using its position as 1997 Chair of APEC to establish a
symposium to discuss human rights issues
Canada and China Joint Committee on Human Rights -- Agenda includes:
political and civil rights, religious freedoms, women's and children's rights,
procedures for China to meet international requirements, etc.
Canada is assisting China with a review of its Criminal Procedure and
subsequent impact, including improvement proposals
Corrections reform, and legal counsel training
Cooperative project on Minority Affairs with the Chinese State Nationalities
Affairs has been established
Thus, Canada is complying with its human rights commitments both domestically
and internationally as the test case, China, illustrates that Canada continues to
work towards the improvement of China's human rights record. Canada
continues to provide technical and legal advice, establish joint committees,
increase awareness of international standards, establish linkages and networks,
and strengthen existing services to support women's and children's rights.
Clearly, private diplomacy has proven to have its benefits, especially in
recognition of China's traditionally adverse response to States who publicly
pressure China improve its human rights situation.
OTHER EXAMPLES OF THE CANADIAN APPROACH:
Canada is exercising the same approach with Cuba, as positive measures
and the absence of public criticism has lead to the Cuban government engaging
in human rights dialogue with the Canadian government - January 1997,
Axworthy issued a joint declaration with Cuban Foreign Minister.
- January 1997 - In India, Canada has provided $1.6 million to help the
Indian Human Rights Commission develop human rights training and
education programs especially targetted at girls
- In Indonesia, Canada's 2 national Human Rights Commissions have a
formal program of cooperation with Indonesia's National Human Rights
Commission -- Canada is the only country with suck links -- Spring 1997 -
Canadian human rights delegation will be traveling to East Timor to comment
on the
progress made thus far
In Iran, Canada is working with the Baha'i community to protect them from
state-sponsored discrimination
April 1997 - Boudria announces 5 new Canadian human rights promotion
projects in Southeast Asia - $404,000
CANADIAN INVOLVEMENT IN MULTILATERAL FORA:
1) OAS - Canada is co-chair of the Working Group on Human Rights and
Development
2) Commonwealth - Canada works actively in the Commonwealth Ministerial
Action Group (CMAG) on Nigeria, Gambia, and Sierra Leone. Canada has
provided a $2.2 million Democratic Development and Capacity-Building Fund for
these countries.
3) ASEAN Post-Ministerial Conference
4) ILO - Canada took leadership role at December 1996 WTO ministerial
meeting to establish core labour standards for all members to adhere to and
Canada is currently working in the ILO to produce a new convention on the
elimination of the most intolerable forms of child labour.
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