STRENGTHENING THE INTER-AMERICAN HUMAN RIGHTS SYSTEM:
THE CURRENT DEBATE

Report on the seminar organized by the ICHRDD
Montreal, Canada
February 4 - 6, 1998

I.     Presentation by Mr. McWhinney

     The three high priorities in Canadian foreign policy are human rights, multilateralism, and the hemisphere.

     1.1     Human Rights

     Promoting respect for human rights, both internationally and within Canada, is a crucial element of government policy. Countries which respect human rights are less likely to disturb international stability and security. The health of the international economy is increasingly dependent on preserving that stability and security.

     In promoting human rights internationally, Canada relies on two types of tools: soft diplomacy (measures such as democratic development, technical assistance, and bilateral human rights dialogue), on the one hand, and hard diplomacy (coercive measures such as international condemnation in resolutions at the UN Human Rights Commission), on the other hand.

     At times, the Government of Canada has been questioned about inconsistencies in its approach to different countries. But a coherent human rights policy does not require or even imply uniformity of treatment. In fact, each situation and each country holds a different potential for effective action and therefore, the key is to find the right foreign policy approach to fulfil that potential.

     Today, the government is looking towards building a more holistic foreign policy which would include such measures as labour standards and children's rights, the empowerment of women, peace-building, military expenditures, and the establishment of an International Criminal Court.

     Additionally, the government is exploring new ways in which human rights can be promoted. As part of our celebrations of the fiftieth anniversary of the Universal Declaration, Canada is sponsoring the development and publication of a prototype annual report on the status of human rights worldwide.

     1.2     Multilateralism

     Canada considers the multilateral system as a key instrument in pursuing our human rights foreign policy. Multilateralism serves us well when we need to deliver difficult messages. Canada continues to be very engaged in human rights lawmaking as reflected in our ongoing work in standard setting (Canada has contributed toward 60 international human rights instruments).

     1.3     The Hemisphere

     We are also working to foster the growing human rights role of other organizations at the same time as we are working to strengthen the UN. The Commonwealth Ministerial Action Group, notably, was empowered by Heads of Government to address serious and persistent violations of human rights not just through expressions of condemnation, but also through concrete action.

     Finally, Canada is committed to opening up its foreign policy,particularly in the area of human rights, to our civil society, whose role takes on an even greater significance.

Assessment of Human Rights in the Hemisphere

     2.1     Respect of Human Rights

     The almost universal return to a democratic system of government in the Americas during this decade has created a more welcoming environment to the advancement of human rights. The main challenge facing the hemisphere is now not one of norm setting or norm acceptance, but one of effective norm implementation.

     The existence of democratically-based governments has resulted in significant advances in the observance of political freedoms in almost all countries, except Cuba. Nevertheless, the full freedom of expression remains fragile in several countries, due to violence. The situation in Central America is improving and we see open respect for human rights there.

     2.2     Persistent Violation of Human Rights

     Despite these advances, mentioned above, armed conflict with its consequential impact on respect for human rights, persists in several countries including Colombia, and to a lesser degree, Peru.

     It is also clear that a major contributing factor to human rights violations in the Americas is the weakness of institutions like the judiciary, law enforcement agencies, and the prison system. These weaknesses are exacerbated, moreover, by the proliferation of other social problems such as violence, illicit drugs, and corruption. The legacy of authoritarian regimes in the hemisphere has also left a damaging mark on the vitality of civil society organizations.

     The debate concerning the promotion and the protection of the rights of women and traditionally marginalized groups is growing. The question of protection for these groups remains unresolved. Greater linkages are also being sought between socio-economic equity and rights protection (universality, indivisibility, and interrelatedness of all human rights).

Canadian Activities in Support of Human Rights in The Americas

     Mr. McWhinney illustrated his presentation with many examples of the type of work Canada has been involved in overseas to promote and protect human rights.

     3.1     Cuba/Canada

     In Cuba, the Canadian Embassy in Havana maintains contact with a variety of non-governmental groups, human rights activists, and Cuba's religious communities. However, Canada has not been able to regularly engage the government on human rights issues.

     In recent months, we have moved into new areas of cooperation. During his January 1997 visit, Minister Axworthy and the Cuban Foreign Minister issued a Joint Declaration, which is the first one by which the Cubans have committed themselves publicly to work with a Western country on human rights and good governance, and setting out a number of areas of agreed activity. As a result, it seems that the implementation of the Canada-Cuba Joint Declaration is proceeding reasonably well.

     3.2     Guatemala/Canada

     In Guatemala, the number of gross human rights violations has declined significantly, in particular extrajudicial killings and disappearances. Nevertheless, serious incidents still occur, and respect for human rights remains central to Canada's relations with that country. For that reason, our Embassy keeps in touch with representatives of civil society and Canadian diplomats also meet regularly with the foremost human rights monitoring organizations in Guatemala.

     Furthermore, the second phase of CIDA's $ 6.5 million Democratic Development Fund continues to support innovative projects in human rights-related areas in Guatemala (the issue of impunity notably).

     3.3     Haiti/Canada

     In Haiti, Canada has contributed to a joint UN-OAS assistance mission in the areas of human rights and justice (International Civilian Mission to Haiti). Bilaterally, we are supporting the reform of the judiciary and the training of the national police force as well as engaging in dialogue with the government.

     3.4     Mexico/Canada

     In Mexico, Canada is also taking concrete and practical steps to improve the observance of human rights in that country, such as Canada's support for the activities of a wide range of Mexican non-governmental organizations (NGOs), and our sponsoring of an Aboriginal Economic Round-table.

     Moreover, the Canadian Embassy was the first to send officials to visit the site of the recent Acteal massacre in Chiapas to get a firsthand assessment and express Canadian concern. Because of the full cooperation of the government of Mexico, officials met with a wide range of contacts, state and military officials, the National Human Rights Commission, the Mexican Red Cross, human rights organizations, and survivors. As a result, the Government of Canada made a special $ 60,000 contribution to the Mexican Red Cross to provide humanitarian assistance.

     3.5     Colombia/Canada

     In Colombia, Canadian embassy officials hold regular discussions with other like-minded countries so as to improve our information sharing and cooperation on human rights issues. Dialogue with Colombian authorities occurs bilaterally and at the multilateral level. Thus, Canada committed $1.5 million for a 3-year project to create awareness and respect for human rights.

     3.6     Peru/Canada

     The human rights situation in Peru is improving, although democratic practices and institutions still need to be strengthened. Through CIDA programs, Canada is contributing to the development of credible and effective mechanisms for the defence of human rights in that country (establishment of the office of the Ombudsman in 1996 for instance).

     Despite the advances of the human rights situation in Peru, poverty and income disparities remain serious problems which contribute to making a significant percentage of Peru's population more vulnerable to human rights abuses..

     3.7     Brazil/Canada

     In Brazil, deep-rooted social and especially economic inequities, combined with poor enforcement mechanisms and a general lack of resources, continue to undermine efforts at preventing human rights abuses. Consequently, urban and rural poor, especially children, and the indigenous population, are the principal victims of abuses. Canada's development assistance program in Brazil puts great emphasis on projects that strengthen democratic structures. Thus, as part of the Summit of the Americas process, Canada is also coordinating human rights and democracy themes with Brazil.

Canada and the Inter-American Human Rights System

     Since 1990, Canada has provided political and material support to the Inter-American Human Rights Commission and the Inter-American Court for Human Rights. Last October, the Commission had its first visit to Canada to examine our refugee determination process. Canada has also been involved in the system's norm-setting work, with our involvement in developing an American declaration on the rights of indigenous peoples.

     Canada has supported recent initiatives by the Secretary General to examine the role of the inter-American human rights system. Canada supports the recommendation that the Commission be given complete control over its own budget so as to maintain and increase the autonomy and independence of the Commission and the Court. Canada has been at the forefront to increase the level of financing for both the Commission and the Court. Canada has also been a leader in resisting attempts to curtail the independence of the Commission (notably during the 1997 General Assembly in Lima).

The Future of the Inter-American Human Rights System

     Human rights and the Organization of American States have been linked for almost fifty years. The creation of the OAS in 1948, the approval of the American Declaration of the Rights and Duties of Man are the foundations of the inter-American human rights system. From these beginnings, the structure of the system was erected, with the creation of the Commission in 1960 and its designation as a principal organ of the OAS through the Protocol of Buenos Aires in 1967, and finally with the adoption of the American Convention on Human Rights and the establishment of the Court in 1969.

     As we approach the fiftieth anniversary of the birth of international human rights law, we must reflect on whether the inter-American human rights system will need to be adapted to the fact that, today, human rights problems are rooted in particular issues (violence, crime, lack of security to the individual, etc.). Therefore, a new approach to human rights becomes central. This means that we should encourage a policy aimed at achieving a more integrated response from the Organization to the multifaceted nature of the tasks involved in advancing respect of human rights.

II.     Questions and Comments

      John Foster, University of Saskatchewan, requested a clarification of the government's approach to involving civil society organizations in the OAS and in the Summit of the Americas process.

     Mr. McWhinney stated that Canada has learned considerably from the recent experience with the Landmines Treaty. The key to effective action is a networked civil society, having mutually cooperating non-governmental organizations that engage government with an informed plan of action. We should apply a similar cooperation process with NGOs and civil societies in the Summit of the Americas process, so as to obtain genuine future results.

     Stewart Istvanffy, human rights lawyer, asked for comment on his view that Canadian policies, particularly those related to immigration and the treatment of our refugees, seem to involve systematic violations of international norms.

     Mr. McWhinney replied that Canadian policy is to accept 270,000 immigrants, as well as 30,000 refugees each year. Our immigration policy has been criticized and in certain aspects the criticisms are valid. The time taken to process a refugee claim is too long and we must work on that though a good deal of the delay may stem from obstructions from refugee claimants' lawyers. We are making some changes but we cannot hope to please all the interested parties. We should not forget that while a simpler process might be an answer to that problem, a shortcut might bring on its own extra legal problems.

     Mr. Allmand concluded the session by stating that it is highly desirable that, in 1998, Canada ratify the American Convention in order to reinforce political will as well as human rights. Because economic and social rights can be undermined by the integration process, we should protect them and ratify the Convention, which is a real protection for human rights and democracy.

List of Participants to the Conference