A Canadian foreign policy founded upon
the bedrock of human rights,
democratic development,
renewed multilateralism,
and the sharing of growth and prosperity

Forward: A permanent dialogue

1. A time of uncertainty, a need to affirm



1. A time of uncertainty



2. Sharing growth and prosperity



3. Our bedrock: human rights



4. Canada's obligations


2. Our global obligations



1. Contribute to global governance
1. Consolidate global public space
2. Reinforce the international justice system
3. Support civil society


2. Contribute to the globalization of prosperity



3. Reinforce the conditions of security
1. Human rights, democratic values and security
2. Reinforcing global mechanisms of peace and security


3. Our continental obligations



1. Canada and the United States



2. Canada and the Americas


4. Our obligations towards developing countries



1. Establish a development strategy



2. The case of Africa



3. Canada, a Pacific nation


5. Conclusion: human rights and democracy as universal values

Recommendations

Notes

Forward : A permanent dialogue

Rights & Democracy welcomes this opportunity to participate in Canada's dialogue on foreign policy.

We would propose that this initiative become permanent. It could be held every two years.

In effect, all Canadian actors are affected by the internationalisation of a great number of activities and by the globalization of the rules and norms which will shape the evolution of Canada and the world.

A biannual dialogue could have the positive effect of addressing the democratic deficit which is growing between government and civil society, in all its forms. Such a dialogue would help government and civil society respond to the pressing demands of globalization by evaluating, challenging and adapting those demands.

A continuous, structured and exhaustive dialogue is the only possible manner in which the necessary convergences between the Government and Canadian citizens can be forged in matters of foreign policy. It is no longer possible to consider the ends, the contents and the evolution of our foreign policy without such a dialogue.

The present dialogue on foreign policy has been an important, stimulating and democratic exercise. As Canadians, it has given us the occasion to reflect upon our values and fundamental interests, to appreciate the privileged position that our country occupies in the world community and to rethink our international obligations.

1. A time of uncertainty, a need to affirm

The present memorandum proposes that the Canadian Government bases its foreign policy on the bedrock of human rights, the necessity of democratic development, a renewed multilateralism and the sharing of growth and prosperity.

(a) A time of uncertainty

The present exercise is taking place in the context of tremendous global uncertainty. It certainly would be a mistake to base Canada's foreign policy upon a reaction to an anomalous set of circumstances. However, the present situation surpasses the contingencies of this moment. It relates to the dawning of "a new phase of institutional development in the world." The public spaces at the international level-whether regional or global-that are so critical for Canadian foreign policy are also suffering from profound uncertainty.

• One of the United Nations' most essential functions, to guarantee peace and security, has just been rejected. This political and diplomatic failure illustrates at once the limitations of the current international system and the need for its reform and consolidation. It expresses the new power dynamics that are at work in our time, calls into question the credibility of the UN, along with the values of multilateralism and the international rule of law that it incarnates.



• The new doctrine and policy of preventative strikes, deployed by the United States, have destroyed fundamental principles of international law and have undermined the conditions upon which the multilateral system of peace and security are based. This threatens all international institutions with dramatic consequences.



• In the aftermath of the terrorist attacks of September 11th, 2001, the "war on terrorism" has metamorphosed into military operations-first in Afghanistan and then in Iraq-creating profound divisions in the international community and ushering in a new phase of global rearmament.



• In many countries, the vagueness of the threat of terrorism has been used to repackage repression, encroach on civil liberties, stifle political dissent and foment racial, ethnic and religious discrimination. It has led to the global proliferation of national security measures and the increase of human rights violations.



• The Atlantic partnership and the traditional convergence between the well-established democracies, including Canada, could not constrain the application of the doctrine of preventative strikes. The alliance that was created for the collective security and defence of our region has just been shaken by one of the most serious crises in its history. A clash of opposing wills nearly rendered it inoperative. If this crisis persists, as is apprehended, the process of European integration could be stalled.



• The growing incivility in the world. Even if the number of inter-State wars fell during the 1990s, civil conflicts were more damaging than ever before. In the 1990s, 3.6 million people died in wars within states and the number of internally displaced persons increased by 50%.

In the midst of such widespread inequality, incivility and insecurity, the democratic deficit is worsening in many countries as the gap between formal adherence to international human rights obligations and their implementation continues to grow. Our country must recognize this deficit as one of the greatest threats to our common security and prosperity and, consequently, must base its foreign policy on the full, concrete and effective recognition of human rights at both the national and international level.

Canada is urgently called upon to address these unprecedented changes.

These recent changes already have had, and will continue to have, important effects upon Canada's vital interests in the world, on the conditions for its security and prosperity, as well as its contribution to the world community. They force us to re-evaluate our relationship with the United States. They also demand that Canada, as a nation that ranks 5th in terms of international trade, takes into account the new realities of globalization.

These considerable events do not create favourable conditions for progress in the major international negotiations in which our country is implicated: those concerning the World Trade Organization (the "WTO") and the necessity for fair trade; those concerning the Free Trade of the Americas Agreement (the "FTAA") and the recognition of the broader political, social and cultural dimensions of an economic community of the Americas; those concerning a free-trade agreement between Canada and Europe and the broad regional convergences that might emerge.

(b) Sharing growth and prosperity

These new conditions have jeopardized the global institutions, alliances and negotiations and have plunged them into uncertainty for an undeterminable period of time. Nevertheless our world requires the capacity for concerted decision-making and common action, as well as a greater sense of equality and solidarity, to deal with the degradation of humanity's vital statistics. For example:

• Despite the promises of globalization and progress, 2.8 billion people live on less than $2 a day and 1.2 billion live on less that $1 a day.



• 1.5 billion people do not have access to water and 2.2 billion do not have access to clean water. According to the United Nations, if the current methods of water supply and management are not changed, nearly 5 billion people could have difficulty accessing water, half of whom could experience serious water shortages.



• Two billion people, nearly 1/3rd of the world's population, do not have electricity.



• Fifty percent of people in the world still do not have access to the telephone.



• More than 80% of the victims of HIV-AIDS live in the developing world.



• A billion men and women are illiterate.



• One billion men and women live in a state of hunger, without food security, of which at least 250 million are children.

When we speak of the degradation of humanity's vital statistics, we are preoccupied by the inadequate progress towards the UN Millennium Development Goals. The Millennium Development Goals, proclaimed by the UN General Assembly in 2000, include halving extreme poverty and hunger, achieving universal primary education, achieving gender equality and empowering women, reducing child mortality, improving maternal health, combating HIV/AIDS, malaria and other diseases, ensuring environmental sustainability and developing a global partnership for development.

(c) Our bedrock: human rights

In our uncertain and degraded world, the present dialogue on Canadian foreign policy cannot be a classic academic or political exercise. The proposed framework, the famous three pillars-security, prosperity and Canadian values-constitute a functional whole. However, each of these pillars is not of the same size and significance.

In Canada's foreign policy design and implementation, a rigid three pillars approach is insufficient. It marginalizes human rights and democratic development and perpetuates a compartmental approach to global problems. This conception does not respond to either the political or ethical needs of our time.

International human rights obligations and democratic development principles must be the bedrock of the three pillars of foreign policy.

Human rights and democracy are not just Canadian values, but are universal values shared by the rest of the world. Our foreign policy should not be understood as an exportation of Canadian values, but rather as our contribution to the common goals of humanity.

Our democratic ideals-as well as the substance of international human rights law and humanitarian law-are the basic principles for reforms to the rules and structures of the political and economic governance of the world community. Combined, these principles could contribute to stability, security and prosperity in the world. Such goals cannot be dissociated from a new order of which the foundations are known: the full respect for human rights; democratic and sustainable development; equity in the global systems of commerce and investment; the inclusion of underdeveloped zones in global growth; the equality of men and women; the effective recognition of the cultural diversity of the human family.

The world, our world, must not be subdivided by perimeters of security and prosperity that protect those with the means to impose them. It must not be reduced to a single market.

Canadian foreign policy must recognize, affirm and implement these fundamental principles. They must be the convergent references for all of Canada's interventions in the world.

Their foundations are well-established. Recognizing various human needs, they solidify a world order based on the doctrine, policy and jurisprudence of universal and indivisible human rights.

Canada must challenge any hierarchy in its conception of human rights. Civil and political rights, as essential as they are, are not capable on their own to found the new ordering of the world. These rights take on their full force and effect through the recognition of the inherent dignity, equality and security of all human beings. This implies the realization of economic and social rights. These rights must be justiciable in the same manner as civil and political rights. This is the foundation of security and prosperity for Canada and its partners in the world, the basis of the anticipated phase of true development of the world community.

(d) Canada's obligations

From the preceding, we can draw the following conclusions which define Canada's obligations in relation to the world.

These obligations are global. They relate the new ordering of the world, the consolidation of multilateral public space, the reform of common institutions-firstly, the United Nations and also the multilateral commercial and financial institutions.

Without a renewed and productive multilateral system, Canada will find itself isolated in world affairs, in a world menaced by insecurity and despair.

Apart from any well-founded criticisms, multilateralism is the world's only hope against fragmentation, division and terrible regression. Without it, the new ordering of the world that we seek has no chance to emerge, neither the consolidation of an international system of justice nor equity in economic relations; neither the implementation of sustainable development nor global security.

Canada, as we have already affirmed, has the obligation to defend the public space of the human family, its multilateral space.

These obligations are also continental. From the management of our relationship with the United States, towards a perspective that surpasses the purely commercial, a perspective that today calls for interdependence within regional communities. The erection of the FTAA must respond to these demands. Canada must support detailed action plans focussed on human rights, democracy, education, the eradication of poverty and discrimination as well as the protection of the environment as promised by the Summit of the Americas. In particular, our country must give its support to the American Convention on Human Rightsand to that which enshrines the status and rights of indigenous peoples in the Americas, the American Declaration on the Rights of Indigenous Peoples.

Canada has the obligation to support, animate and defend a larger conception of its link with the Americas, a conception which includes the political, social and cultural dimensions of growth and development for all our hemispheric partners

These obligations are also in relation to developing countries. Canada has renewed its investment in international aid. However laudable it is, this choice has limited potential. It will take several years before the level of aid reaches that of the 1980s. Moreover, the effectiveness of our aid policy appears to be questionable when the general conditions that confront the economies of developing countries is considered.

Canada has the obligation to propose, support and implement an equitable commercial and financial policy which creates the conditions for an effective international aid strategy. It involves allowing developing countries to have access to solvent markets, fashion compensatory mechanisms to offset the lack of investment in developing countries and to end the saga of public debt by abolishing it for the least-advanced and non oil-producing intermediate countries. It also involves reinforcing the negotiating capacity of these countries, to consent to exemptions to facilitate their integration into the global economy and, in the interim period, to provide access to essential goods, such as medicine, that are needed to overcome devastating public health crises.

2. Our global obligations

(a) Contribute to global governance

The emergence, in the second half of the 20th century, of public space at the global level was unprecedented in the history of humanity. Capable of conceptualizing its unity, the human family was reunited for the first time in common institutions. It began elaborating shared rules with respect to the fundamental human rights of all people, the responsibilities of nations and the obligations flowing from membership in the world community.

To the Westphalian system, that had dominated international relations for three centuries, was added the UN system inaugurated in 1945. To national law was added the doctrine, policies and jurisprudence of human rights, public and private international law and all the international instruments.

Regardless of the current difficulties and circumstantial obstacles, the international public space which Canada has contributed to creating, and which has served Canada well, must be protected, deepened and governed. Our country must protect with determination and, with others, pursue the quest for equitable, effective and sustainable global governance.

(i) Consolidate global public space

In his "We the Peoples" report of June 2000, the Secretary General of the United Nations presented an impressive list of the reforms that have been and will be undertaken by the only organization that assembles the entire human family.

Canada has been and must continue to be a strong proponent of the UN. It must make a substantial intellectual and political contribution to the defence of multilateralism and the value of the UN's day-to-day operations. The current crisis in Iraq has forced us to imagine a world where the UN is marginalized from international affairs. This constitutes an unimaginable regression and entails incalculable consequences. Canada's participation in the UN system must remain a central and enduring focus of Canadian foreign policy. Consequently, we must counter attacks on multilateralism and collective decision-making about international problems. We must ensure that the UN is relevant and credible, is given the means to fulfil its mandate, and plays a dynamic role to advance global peace and security.

The promotion and protection of human rights has always been one of the principal mandates of the UN. Recently, many valid concerns about the credibility, effectiveness and financial viability of the UN Commission on Human Rights and its specialized procedures have been raised. Canada must participate and animate a coalition that will revitalise international human rights institutions, to restore their credibility and to renew their effective capacity to promote and protect human rights in every country of the world.

(ii) Reinforce the international justice system

The creation of an international criminal justice system is a central part of the international effort to end impunity for massive violations of human rights, crimes against humanity and war crimes. After all, the most ruthless individuals are the least likely to be affected by economic sanctions or bombing campaigns.

Dealing with those responsible for these crimes in a court of law means that evidence will be probed, arguments will be countered, and truth will be weighed against the law. This cannot be said about the manner in which the case against Saddam Hussein (regarding his connection to Al-Qaida and his weapons of mass destructions) has been presented in the mass media and at the Security Council.

Canada must forge ahead with its multilateral efforts to support an independent and effective International Criminal Court. We must promote further ratifications of the Rome Statute for the International Criminal Courtas well as prompt implementation of the domestic legislation required to give full effect to the ICC.

Furthermore, during the ICC's nascent stage, Canada cannot forget the important work of the ad-hoc criminal tribunals for the former-Yugoslavia, Rwanda and Sierra Leone. The work of these institutions in prosecuting genocide, war crimes and crimes against humanity in an impartial, effective and gender-sensitive manner will create the foundation of international criminal jurisprudence and procedures for the ICC. Most importantly, however, these tribunals have promised justice to the victims of massive human rights violations and can play an important role in national reconciliation.

(iii) Support civil society

From the drafting of the Universal Declaration of Human Rights by John Peter Humphrey to the Ottawa treaty on landmines and the recent creation of the International Criminal Court, Canada has been one of the most progressive advocates of the United Nations system and the international human rights movement. One of the most important elements of this positive evaluation is Canada's willingness to consult and work with Canadian and international civil society in multilateral fora.

This collaborative partnership has been mutually enriching. Not only does partnership with civil society nurture important democratic principles such as accountability, transparency and respect for dissenting perspectives, but it also enriches Canada's policy ideas and provides our government with direction and support.

This partnership must be maintained and enriched. The role of civil society must be strengthened and encouraged.

Recognizing the difficulties that many human rights defenders, non-governmental organizations and democratic movements face around the world, Canada should do its utmost to sponsor, encourage and listen to international civil society within the context of the important negotiations which will shape our collective future.

As the Canadian government is not the only actor in the implementation of Canadian foreign policy, it must ensure that all actors respect the same universal human rights norms and standards in the developing world as they do at home. The Canadian government must work with provinces, civil society and corporations to define binding rules, responsible management structures and transparent reporting structures for corporations in order to create a culture of social responsibility for corporations, both in Canada and abroad.

(b) Contribute to the globalization of prosperity

As we seek ways to make trade more equitable, it is crucial to recognize the social and political ends of economic growth and development.

A critical challenge, as acknowledged in the Dialogue on Foreign Policy paper, is to manage globalization to provide for social progress and environmental sustainability. Considering the level of wealth in Canada and other highly developed countries, it is scandalous that the international community is not going to meet the Millennium Development Goals by 2015 as promised by world leaders.

Our failure to take action and attain these critical objectives betrays our commitment to equity, stability and security without which it will be impossible for us to manage globalization in a manner that assures development and environmental protection for all.

By the year 2020, there will be an additional 2 billion people in the world, the majority of whom will live in Africa and Asia, particularly in China and India. Our inaction about shared and sustainable development is equivalent to denying equity, stability and security for these future generations.

Canada has stated its commitment to work within a rules-based economic framework for globalization. Therefore, one of the over-arching goals of our foreign policy must be to ensure the equity and viability of those rules. In the current context, this implies fundamental reforms of the World Trade Organization and the other international financial institutions.

Consequently, the working methods, the decision-making processes, the dispute-settlement and appeal systems and the overall orientation of these institutions must reflect the plurality, the level of development and the needs of its member countries. These institutions must also consent to exemptions for developing countries.

In particular, these exemptions must permit the elaboration of policies capable of contributing to respect for economic, social and cultural rights of the citizens of these countries. These rights are not imprecise; they relate to such basic things as the right to food, the right to water, the right to health, the right to education. They also imply recognition of the rights that flow from the equality of women and men.

In the context of these institutions, the role of multinational corporations must be regulated and compatible with the full respect for the above-noted rights.

(c) Reinforce the conditions of security

(i) Human rights, democratic values and security

The choices we make in these uncertain times can either affirm or undermine the rule of law, democracy and our human rights.

For example, we need to consider the long-term implications of the following issues:

• How do we reconcile the right to privacy with the new Public Safety Act, Bill C-17, which has created a database on travellers in Canada and which authorizes Ministers to adopt emergency measures on a discretionary basis?



• How do we reconcile Canada's reputation as a welcoming nation and our adherence to the 1951 Convention on the Status of Refugees with the tightening of our borders and the practice of "racial profiling"?



• How do we reconcile freedom of expression and freedom of association with the measures to repress terrorist organizations? How do we protect civil society while working against terrorism?



• How do we maintain adequate civilian control and oversight over security forces with expansive powers?

Our commitment to international human rights can guide us in our response to terrorism. Our adherence to the International Covenant on Civil and Political Rights means that we will not permit any derogation from the most basic rights; we will strive for proportionality in the design of security measures. Finally, all security measures must be supervised by civilian institutions and regular reports must be made to Parliament.

At the international level, Canada should commit itself to understanding the underlying causes of terrorism and working towards their elimination. In addition, it should promote the drafting of a comprehensive Convention on Terrorism which would contribute to clarifying the vagueness, ambiguity and often incoherent national policies with regard to the definition of a terrorist and the means of addressing terrorism.

(ii) Global mechanisms, peace and security

Canada has traditionally defined its security as part of a wider collective-namely in terms of the UN mandate for peace and security and in the collective self-defence framework of NATO. Canada must defend the credibility of these institutions and reconstitute a global coalition in support of the international rule of law.

Consequently, Canada should reinforce the UN's preventative capacities and ensure that it possesses sufficient resources to confront challenges to international peace and security. This entails strengthening the UN's monitoring, inspection and reporting capabilities. In this regard, the UN Secretary-General should prepare an annual report on the current state of (in)security in the world-including an account of the arms trade and military expenditures-with an evaluation of the UN's on-going ability to fulfil its security mandate.

3. Our continental obligations

(a) Canada and the United States

The superpower status of the United States is a major strategic consideration for all the countries of the world.

The political, economic, scientific, technological and military might of our neighbour evidently has a unique impact upon Canada. The status of the United States, and the nature of the free-trade and defence treaties, which bind our two countries, condition our security and prosperity. Consequently, the management of Canada's relationship with the United States is an important priority for its foreign policy, a fundamental consideration in its relationship with the world.

The bilateral relationship between Canada and the United States situates our country in a continental system of great influence, a system within the broader dimension of global governance and its essential components-notably the common family and institutions of the UN, the overarching guarantee of security provided by NATO, the new structure of global commerce and financial activity expressed by the WTO.

International law, regulation and cooperation have important effects on the bilateral relationship between Canada and the United States. They express a conception of the common destiny for the human family where long-term national interests must take into account transnational issues, the search for global security and the ethical rules of equity and solidarity.

The reconciliation of the bilateral interests of Canada in relation to the United States and its multilateral interests in relation to the global community is the most determinative and complex issue, the most demanding and vital challenge for Canadian foreign policy. These issues and challenges have become clear in the past years. The Canada has, in effect, positioned itself as an ally in the "war on terrorism" which followed the dramatic events of September 11th, 2001. However, it refused to associate itself with the doctrine of preventative strikes that was deployed in Iraq. Other examples which illustrate the profound differences between the American and Canadian conception of the needs of the world community include the Kyoto Protocol and the International Criminal Court.

This reconciliation is not always obvious. Therefore it is necessary for Canada to forcefully affirm the areas of convergence with its large continental neighbour and those that distinguish it at the level of global governance, particularly regarding the central place of the United Nations and the multilateral treatment of the issues and challenges that confront the world community.

Any future foreign policy pronouncement must identify the foundation of these convergences and divergences. It must identify, justify and illustrate them. In particular, it must promote of the power of international law, the centrality of global institutions and the need for their reform, equitable commerce, sustainable development and the defence of all human rights.

(b) Canada and the Americas

Canada has recognized that democratic freedoms, human rights, and environmental and labour standards are integral to the process of economic integration. In the Dialogue on Foreign Policy, this principle is mentioned in relation to the on-going FTAA negotiations for the Americas.

In the Americas, the conceptual linkages between economic and human development issues must be vigorously promoted by Canada in future rounds of FTAA negotiations. Furthermore, they should be complemented by a stronger commitment to the OAS system. To enhance our credibility as a leader in human rights, Canada must take a more active role in our regional human rights system. The adherence to the American Convention on Human Rights and its protocols is imperative for Canada. Not only would this provide Canadians with additional protections for their human rights, but it would also allow us to consolidate the place and impact of human rights in our hemisphere.

4. Our obligations toward developing countries

(a) Establish a development strategy

Rights & Democracy takes note of the Canadian government's intention to increase international aid in its recent budget. This is an important first step in reversing the negative trend, which saw international aid dropping steadily in Canada and other countries over the past years. Nonetheless, much larger increases will be required if the international community is truly committed to achieving the Millennium Development Goals by the year 2015.

While ODA is an important facet of Canada's contribution to international development, it is crucial that we do not conceive of "development" solely in terms of "aid." To further development, we must pursue a comprehensive strategy that is based on an equitable system of international relations.

If development aid is given in connection with reforms that make trade, commerce and investment more equitable, there can be synergies from two sources of development leading towards a country's integration into the global economy.

The first element of such a development strategy is to open markets so that the least-developed countries have fair access to the markets of their neighbours in the South and to the markets of the North. In this regard, we note the Canadian government's statement that it "supports the legitimate demands of developing countries for better access to developed markets for their goods, including agricultural products." The elimination of tariffs and quotas on "almost all imports from 48 least-developed countries, of which 34 are in Africa" is an important step in recognizing this need.

A second element of such a comprehensive development strategy is to have greater equity in investments in the world. If we take the example of Africa, we see that an entire continent, with 13% of the world's population, attracts only 2 or 3% of the world's investment, most of which is concentrated in specific activities such as oil and mining. Without investment, there cannot be growth, development, nor the economic and social conditions required to assure the full realization of human rights.

We however must ensure that foreign investment in the developing world is quality investment. Foreign investment has the potential to transfer financial resources, skills and technology and develop local businesses. However, the benefits of investment often are illusory because high levels of profit repatriation, high-cost incentives to attract investors and tax avoidance. Moreover, there are many examples-such as the maquiladoras of Mexico-where investment has created exploitative enclaves that are isolated from the domestic economy.

A third element of a comprehensive development strategy is to relieve the burden of public debt along the lines previously mentioned.

These elements contribute to respect for the dignity of all human beings and of promoting human rights. Concretely, this means, for example, ensuring that there are no barriers for access to medicine when it comes to combating epidemics such as AIDS and malaria. It means that intellectual property rights over biological material such as seeds should not take precedence over the food security of entire communities.

(b) The case of Africa

In its quest for an equitable and sustainable development strategy, Canada must maintain and increase its commitment towards the African continent. This continent will have 1.2 billion people in 2020. If the current trends maintain themselves, a great majority of the 53 countries of the continent will find themselves in a state of prostration that is incompatible with the most basic standards of the human condition. Therefore, a country that is as privileged as ours has the obligation to commit, over the long-term, to democratic development in Africa, the consolidation of its regional communities and the creation of its continental institutions, especially those which will contribute to the realization of economic and social rights.

The manner in which Canada implements its commitments under NEPAD can help realize these obligations. Its implementation must, however, be carried out with a renewed and sustained attention to human rights in Africa and to the instruments and institutions which give them effect, such as the African Commission on Human and People's Rights and the anticipated African Court on Human and Peoples' Rights.

(c) Canada, a Pacific nation

Of the changes affecting that will affect international relations and shape global governance in the next decades, those which are occurring in Asia appear are of major significance.

In this immense region of the world where the majority of humanity will soon live, the economic progress of China and India have propelled those two countries into the first rank of powers. Furthermore, the work in progress aimed at the establishment of the world's largest free-trade zone has promoted and will promote the rise in power of this region, its share of the world economy and its capacity to influence global negotiations, economic or otherwise.

Canada cannot remain indifferent in the face of such significant mutations. As a member of APEC, it must contribute to the success of this unique assembly of Pacific countries and, relying on existing international instruments, must ensure the inclusion of the doctrine, policies and jurisprudence of human rights in the forthcoming convergence between Asia and the world community.

5. Conclusion: human rights and democracy as universal values

In this time of uncertainty, the commencement of a "new phase of institutional development in the world" and the quest for renewed global governance constitutes the first obligation of the privileged country that is Canada.

Rights & Democracy exhorts the government to base its foreign policy on the bedrock of human rights, the requirement of democratic development, a renewed and effective multilateralism, and the sharing of growth and prosperity.

Despite its deficiencies, the UN system that incarnates these values has no credible or globally-acceptable alternatives. To the extent that it would place equity at the core of its mission and functions, the World Trade organization could reinforce and contribute to the renewal of global government. A real renovation of the international human rights institutions and instruments should be the basis for the participation of all members of the global community who desire common security and prosperity, understood as the expression of the inherent dignity of each person and the human rights of all.

The realisation of these objectives constitutes the essence of our country's foreign policy and is its biggest challenge for the 21st century. Canada must contribute to an understanding that the political, social and economic dimensions of the world community are interconnected. Democratic values and human rights must guide this dynamic of peace, security and equity on a global scale. This involves a reversal of the present emphasis of globalization and a concerted effort to make it inclusive, equitable and accessible to all.

In his address to the 59th session of the United Nations Commission on Human Rights, Kofi Annan stated:

Echoing Kofi Annan's challenge to the Members of the United Nations Commission on Human Rights to remember their responsibilities, Rights & Democracy asks the Canadian Government: "If you do not stand up for human rights equally and universally, who will?"

Canada has a solid tradition relating to the promotion and protection of human rights and democratic values at home and abroad; however, we must ask ourselves if our Government continues to have the will to make a difference in this uncertain time. Or, in the final analysis, are we indifferent?

It is imperative that Canada strengthen international human rights instruments and institutions. Reaffirming the Universal Declaration of Human Rights, Canada must commit itself to freedom from fear and freedom from need for all of humanity..

We are the children and grandchildren of the Universal Declaration of Human Rights and the edifice has not been completed. Privileged among nations, Canada has the reputation and resources that would allow it to play a role in ensuring that the edifice is not abandoned. This is the bedrock of Canada's foreign policy upon which we support democratic development, effective and renewed multilateralism, and shared growth and prosperity.

Recommendations

1. Give Effect to Economic, Social and Cultural Rights

The Vienna Declaration and Programme of Action re-affirmed that "human rights and fundamental freedoms are the birthright of all human beings; their protection and promotion is the first responsibility of Governments." Furthermore, the declaration emphasized the universality, indivisibility, interdependence and interrelationship of all human rights and fundamental freedoms as they are defined by the Universal Declaration of Human Rights.

Economic, social and cultural rights are not aspirational goals or objectives to be achieved in the distant future. Food, water, education, work, housing are vital human rights.

One hundred and forty-five States that have ratified the International Covenant on Economic, Social and Cultural Rights to respect, protect and fulfil these rights. This means that we should see progress on economic, social and cultural rights from Canada and the world community; however, while the gap between rich and poor continues to widen, while globalization excludes the majority from the benefits of the world economy, while the basic constituents of life-such as seeds and water-are commodified, these rights are becoming increasingly illusory.

Rights & Democracy recommends that Canada champion economic, social and cultural rights at home and abroad. A positive step would be the ratification of an Optional Protocol to the International Convention on Economic, Social and Cultural Rights. Canada's leadership in this domain would not only reaffirm its commitment to human rights, but it would provide the world with a tool to help create the conditions of equality, equity and respect for the inherent dignity of each person and to provide a counterweight against the excesses of globalization..

2. Strengthen UN Mechanisms and Increase Budgets for Promotion and Protection of Human Rights

Since its creation, the promotion and protection of human rights has always stood out as one of the principal mandates of the UN. Over the last few years, many concerns about the credibility and effectiveness of the UN human rights system have been raised. We share these preoccupations.

Rights & Democracy recommends that the Canadian government play an active role in strengthening the UN human rights system and reforming its principal institutions including the UN Commission on Human Rights, paying special attention to its financial capacity to fulfil the important mandates of all its treaty bodies and special procedures

3. Respect Women's Human Rights in Canada's Foreign and Domestic Policy

Given Canada's tradition of promoting women's rights domestically and internationally, it is surprising that the Dialogue on Foreign Policy does not emphasize the important work that the Canadian government has undertaken on women's human rights and on women, security and peace-building since the last foreign policy review.

Since 1994, Canada has established Gender Training for UN Peacekeeping Missions; taken the lead on resolutions at the UN Commission for Human Rights on Violence Against Women; was instrumental in the adoption of the Security Council Resolution 1325 on Women, Peace and Security; and spearheaded the creation of a Parliamentarian, Senatorial, NGO Committee on Women, Peace and Security in Canada. The Canadian government also worked closely with the Women's Caucus for Gender Justice in ensuring integration of women's human rights in the Rome Statute of the International Criminal Court.

Respect for women's human rights is the inalienable entitlement of over half the world's population. However, the first decade of the 21st Century confronts women with extreme conservatism, the militarization of our societies and with fundamentalist trends that are eroding the gains made on women's human rights. Canada cannot tolerate this backlash against women's human rights. The following are some immediate and positive steps to ensure respect for women's human rights in Canada's foreign policy:

4. Support the Draft Declaration on the Rights of Indigenous Peoples

The Dialogue on Foreign Policy paper states that "the cultures of Aboriginal peoples are woven into the fabric of our national identity." Consequently, Canada should play a leadership role in advocating the international recognition of the rights of indigenous peoples, especially as we enter the last year of the International Decade of the World's Indigenous Peoples.

The international community has taken some significant steps, such as the creation of a Permanent Forum on Indigenous Issues (which held its first session in New York in May 2002 and now has a permanent Secretariat), as well as the nomination of a Special Rapporteur on the fundamental rights and freedoms of indigenous peoples. While Canada has provided support and funding for these useful initiatives, it has not managed to build a consensus about the fundamental principle underlying the draft Declaration on the Rights of Indigenous Peoples: the right to self-determination.

The right to self-determination is the foremost aspiration of indigenous peoples, as well as an indispensable tool for recognizing their collective existence and ensuring their cultural survival. However, this right has proven controversial, despite the fact that this right is guaranteed for all peoples in Article 1 of the International Covenant on Civil and Political Rights, as well as in Article 1 of the International Covenant on Economic, Social and Cultural Rights.

Rights & Democracy recommends that Canada take a leadership role in organizing a broad coalition of progressive States, Canadian aboriginal groups, international indigenous groups and civil society to seize this historic opportunity and complete the work towards a Declaration on the Rights of Indigenous Peoples.

5. Assure the Domestic Implementation of Canada's International Obligations

While Canada is a leader in signing international treaties (i.e. Canada is a party to over 30 international human rights instruments), the requisite legislative action to give force and effect to its commitments is not always forthcoming. This gap between our international human rights obligations and the measures taken to implement them is harmful to our human rights reputation and denies Canadians the rights to which they are entitled. (4)

Federal-provincial-territorial cooperation must overcome the obstacles to domestic implementation of Canada's international obligations.

Rights & Democracy recommends that the Canadian government pursue the Senate Standing Committee on Human Rights' proposal for the creation of a Parliamentary Human Rights Committee on Human Rights. Among its many potential roles, such a Committee could (i) improve the legislative implementation of international human rights instruments; and (ii) provide a forum for the discussion of federal-provincial-territorial issues regarding the implementation of Canada's international human rights commitment.

6. Ensure that Human Rights are Respected by all Actors in Canadian Foreign Policy

The Canadian government is not the only actor in the implementation of Canadian foreign policy. However, it has the responsibility to ensure that all actors respect the same universal human rights norms and standards in the developing world as they do at home.

As the Canadian Government assists thousands of Canadian corporations in doing business abroad through its export credit agency, Export Development Canada, it must also ensure that this Crown Corporation takes human rights impacts into consideration in its financing and insurance decisions.

Therefore, Rights & Democracy recommends that Canada should work with corporations, civil society and the provinces to develop binding rules, corporate governance structures and transparent reporting procedures to develop a culture of corporate social responsibility at home and abroad.

7. Strengthen UN Mechanisms for Peace and Security

The current crisis in Iraq has proven beyond a doubt the central place of the UN in our analysis, conception and decision-making about peace and security. This system assembles all the nations of our fragmented world. As a nation that has contributed so much to the creation of and progressive development of the UN system, a central preoccupation of Canada's foreign policy should be to ensure that the UN remains credible and relevant, is given the means to fulfil its mandate, and remains the unique political institution of peace and security.

Rights & Democracy recommends that the Canadian government work to strengthen the UN' capacity to preserve international peace and security in the following manner:

• improve the UN's monitoring, inspection and reporting capabilities in order to identify "hot-spots" and prevent future crises



• improve the UN's capacity to rebuild countries that have been torn apart by conflict and war;(5)



• take the lead on new non-proliferation and disarmament initiatives;



• uphold Security Council Resolution 1325 on Women, Peace and Security in all aspects of the UN's work on peace and security issues.

8. Foster an Independent and Effective International Criminal Court

Canada, in collaboration with Canadian and international civil society, played a major role in the creation of the International Criminal Court (ICC). As the ICC comes into physical existence in the Hague this year, only 10 or 11 of the 139 countries that signed (and the 89 countries that ratified) the Rome Statute Establishing the International Criminal Court have enacted the domestic legislation required to give full effect to the Court.

Rights & Democracy recommends that Canada redouble its efforts to encourage prompt implementation of national legislation to give effect to the ICC. As one of the foremost promoters of the ICC, Canada has the legal expertise to assist other countries in drafting such implementation legislation. Moreover, if the ICC is to withstand the serious challenge from antagonistic governments, Canada must cooperate with other Court-friendly governments to provide the financial, technical support so that the ICC becomes a credible, independent and effective instrument of global justice.

9. Renovate the Architecture of Global Economic Governance

The effects of globalization and the way in which it is managed are strongly contested by a large number of people. There is a need to carefully examine and continuously renovate the structure of the global economy and the institutions which control it.

Equity, the sharing of growth and prosperity, the need to take into account the political, social and economic dimensions of global development, and effective regulation of all the actors of globalization: these are the principal needs and references that are capable of reorienting the management and effects of globalization and to contribute to the satisfaction of human needs in the coming decades.

Rights & Democracy recommends that the Canadian Government hold a dialogue specifically on the topic of globalization, the new relations between our country and the world community, the need for equity in international commerce, the recognition of the social and economic ends of growth and development, and the need for transparency and accountability in the institutions that manage globalization. The results of this dialogue could become shared references for all Canadians and the basis for our policy with respect to the WTO and the international financial institutions.

10. Implement an International Development Strategy

Rights & Democracy recommends that the Canadian government substantially increase its contribution to international aid and pursue a development strategy which includes the following elements:

• opening markets for the goods and services of developing countries;



• the implementation of a strategy capable of overcoming the lack of investment in the underdeveloped zones of the world and to assure the quality of investment in the developing world;



• the effective elimination of public international debt of the least-developed countries and of intermediate countries with no oil resources.

11. Strengthen Human Rights and Democracy in the Americas

To enhance our credibility as a leader in human rights, Canada must take a more active role in our regional human rights system. Not only would this provide Canadians with additional protection for their human rights, but it would also enable us to participate in the development of strong hemispheric human rights standards.

Therefore, Rights & Democracy encourages the Canadian government to take a more active role in promoting democracy and human rights in the Americas, both within the context of the on-going FTAA negotiations and within the overarching OAS framework. Crucial steps include:

• Ratification of the American Convention on Human Rights and acceptance of the jurisdiction of the Inter-American Court of Human Rights;



• Ratification of the San Salvador Protocol on Social, Cultural and Economic Rightsas well as the three autonomous IInter-American Conventions (on violence against women, torture and forced disappearance);



• Adoption of a human rights framework in the negotiation and implementation of the FTAA;



• Involvement of the Inter-American Human Rights bodies (the Commission and Court) in the monitoring and implementation of the Inter-American Democratic Charter.



• Support for the Draft American Declaration on the Rights of Indigenous Peoples.

12. Strengthen Human Rights Mechanisms in Africa

As we have noted, Canada must maintain and increase its commitment to the African. The actual and possible prostration of a majority of the 53 African countries constitutes one of the biggest scandals, challenges and risks of this new century.

Rights & Democracy recommends that the Canadian Government increase its commitment to the social and economic development of the African continent, the consolidation of its regional communities and the creation of continental institutions. African civil society must play a determinative role in the implementation of NEPAD. Finally, Canada must give a strong and sustained contribution to the human rights institutions and instruments of the African continent such as the African Commission on Human and Peoples' Rights and the anticipated African Court on Human and Peoples' Rights.

13. Strategically Build a Lasting Relationship between Canada and Asia-Pacific Countries

In the Dialogue on Foreign Policy, there is little discussion about Canada's relationship with Asia. It is important that Canada does not forget that it is also a Pacific nation and that its multicultural heritage has been enriched by the many immigrants from throughout Asia. Furthermore, we must not overlook the geopolitical reality that Asia will become an increasingly powerful region in the upcoming years as countries like China and India continue to increase in size and economic strength. Working within the framework of existing international human rights instruments and with national human rights institutions throughout the region, Canada should consistently advocate the creation of a regional human rights mechanism that would promote and protect human rights within Asia./p>

Montreal, May 1, 2003

Notes

      1) UN Doc. SG/SM/8675 (April 24, 2003).   Return

      2) NGO Expert Group meeting held in December 2002 on Women's Rights to Equal Enjoyment of Economic, Social and Cultural Rights.   Return

      3) States have a duty to take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise. States are held to a due diligence standard to prevent, prosecute and punish those who commit violence against women and to take measures to permanently eradicate violence against women in their societies. (See: Joint Declaration of Special Rapporteurs on women's Human Rights, Montreal, March 8, 2002).   Return

      4) Senate Standing Committee on Human Rights, "Promises to Keep: Implementing Canada's Human Rights Obligations", December 2001, page 1.   Return

      5) As our experience in Afghanistan teaches us, rebuilding a country with the stated goal of democracy and respect for human rights is an extremely difficult and complex task. Peacebuilding takes years, cost fortunes and is not a priority of many governments.    Return