generalspeaking

The Failed in Judgement of the Flawed

A worrying development for Canada.  Its standing as a member of the United Nations, recognizing its responsibility to ensure that no human rights abuses can be laid at its feet was challenged in the spring at the United Nations, according to newly released documents.  This will not be the first time that the UN's human rights arbiters will have charged Canada with failure to support human rights.

And Canada was prepared to defend its official policies that fall under righteous criticism from the United Nations special rapporteur on human rights.  Canada anticipated on the basis of past such encounters that an intense grilling would take place from the UN committee about its international obligations, and prepared itself accordingly as officials advised Justice Minister Nicholson that the committee could be expected to "likely press Canada" on issues that ran the gamut of the UN charge sheet.

Issues like prisoner crowding in inadequate incarceration facilities not designed to host the numbers now being arrested under Canada's relatively new "tough on crime" bill.  And for redress for people subjected to torture abroad.  While the much-publicized case of Maher Arrar who had undergone rendition by U.S. authorities to Syria where he was subjected to a year of torture has been settled, there are a number of outstanding claims in lawsuits against the Federal Government.

Ironically enough - and the UN and its committees and focuses and unbalanced representation of post-colonial unaligned countries with their historic axe to grind, abound with these paradoxes - countries with horrible human rights records proudly take their place on these committees where they relish grilling countries with impeccable human rights records.

Records indicate that the United States was one of 18 countries to win places on the 47-member UN Human Rights Council.  Puckishly enough, rights groups condemn the farcical election process that takes place at the UN General Assembly.  Only western nations held an open race for their three allotted seats.  The non-aligned countries made agreements between themselves to support the 'election' of those of whom they approved.

Venezuela and Pakistan, both countries whose human rights records have been roundly criticized by other governments and by human rights activists alike, managed to secure more votes than the United States, Germany and Ireland, elected for western nations.  Ivory Coast, Ethiopia, Gabon, Kenya and Sierre Leone joined for Africa while Japan, Kazakhstan, Pakistan, South Korea and United Arab Emirates represented Asia.

Argentina, Brazil and Venezuela were 'elected' for Latin America and the Caribbean, while Estonia and Montenegro represent Eastern Europe on that august body sitting in moral judgement on the rest of the world.  And while the United States garnered 131 votes and Germany 127, Venezuela received 154 votes and the United Arab Emirates got 184 votes, topping out alongside Brazil.  Pakistan, whose human rights abuses are abysmal, received 171 votes.

And this is the type of motley crew, half of whom represent the world's most egregious human-rights abusers, placidly sitting in judgement on countries like Canada.  Criticism ranged from Canada's disinterest in "arresting" former U.S. leaders George W. Bush and Dick Cheney for war crimes alleged to have been perpetrated during the American operations to apprehend terrorism suspects.

A UN delegation presented Canada's most recent report on compliance with the UN Convention Against Torture.  The minister was advised by the Foreign Affairs Department that it was preparing "communication products" on behalf of the departments of Justice, Public Safety and Citizen and Immigration.  Dozens of pages of internal memos reveal Canada's intention to defend its human-rights record at the UN.

"Canada's appearance may attract some media attention since organization such as Amnesty International Canada will be present", the Minister of Justice was forewarned.  Amnesty International would doubtless refer back to its protests against the handover of Taliban and Afghan prisoners by Canadian military personnel to the Afghan prison system which was alleged to have kept its prisoners in inhumane conditions.

Briefing notes demonstrate concern with respect to Mahmoud Jaballah facing deportation under a national-security certificate on the basis of accusations he could be rendered to justice in a country where torture is practised.  Say, for example, any of the countries in the Middle East, who enjoy putting Canada on the hot seat of condemnation for its human rights record.

"The theoretical possibility of removal to a risk of torture" in cases where the individual's continued presence in Canada was seen to be outweighed by the threat posed to Canadian Security had been address in a key Supreme Court ruling.  The emphasis was on the fact that Canada has never deported anyone where it was concluded they might face a risk of abuse.

And through another twist of irony comes news that radical Muslim cleric Abu Qatada won a last-minute appeal against deportation from Britain to face terrorism charges in Jordan.  Britain is determined and anxious to relieve itself of the presence of this malign jihadist, but its hands were judicially tied by the ruling brought down by the European Court of Human Rights.

The UN committee expressed its dismay and concern that Canadian law could permit a persecuted individual to be returned to their tormentors.  And these are, of course, individuals suspected of - and often with reliable evidence - planning terrorist attacks, and agitating for violence, while recruiting for new jihadist conscripts.  Clearly not people any Western society would be anxious to retain.

As well, the UN committee took umbrage with aspects of Canada's legal regime such as measures affecting refugee claimants and the use of national-security certificates to aid in the deportation of non-citizens.  It pointed to the Canadian Security Intelligence Service allowed to use information that could have been derived through torture. 

They recommended the federal government compensate three Arab-Canadians; Abdullah Almalki, Ahmad El-Maati and Muayed Nureddin who were tortured in Syria, under circumstances for which security lapses were partially responsible.  The committee ended its condemnation of Canada's blighted human rights record by charging Canada to provide follow-up responses to key concerns and recommendations by June of next year.

Labels: Canada, Culture, Democracy, Diplomacy, Human Rights, Justice, Political Realities, United Nations

posted by Pieface @ Tuesday, November 13, 2012