FAIT Committee Report

The origins and conduct of the campaign against the Milosevic regime last year has given rise to vigorous debate and analysis by scholars, politicians, military analysts and concerned citizens. No doubt it will continue to do so for years to come for there is no question that it has established new, controversial and as yet unclear rules for the legitimate grounds for other states to interfere in the internal affairs of other states.

In Canada events there were followed closely as many citizens were horrified by the scenes of ethnic cleansing and terror being practised on an innocent population and demanded that we take international collective action to stop this horrible situation. With typical Canadian generosity we reached out to refugees and were among the first nations to accept Kosovar refugees. Yet this generosity of spirit and determination not to let a dictator oppress his people came at a cost to Canadian society as many citizens of Serbian origin saw their homeland attacked and, on some occasions, and in spite of their complete innocence, were the subject of opprobrium in our own communities. This was particularly hard on children at school but it also affected many others who were concerned for the safety of their loved ones in the area. As their representatives we must be concerned for their well-being as well.

The members of the committee considered the evidence and opinions of scholars, experts, Foreign Affairs and Defence officials and officers and many citizens. Much of what we heard sought to assign blame to one side or other in the conflict, either for the responsibility for starting it or its conduct. Our conclusions are based on what we heard but also upon our considerable experience in this area. Many members of the committee traveled to Bosnia some years ago and saw first hand the consequences of the terrible conflicts in the Former Yugoslavia. Yet others of us visited The Former Republic of Macedonia, Albania and Kosovo itself and saw scenes that recall the horrors of World War Two, thousands upon thousands of people crammed into refugee camps in conditions with which the local and international community was barely able to cope. Most of us joined our Defence Committee colleagues at regular briefings during the conflict. Many also participated in the two parliamentary debates that were held on the subject or considered it in their party caucus. Others joined colleagues from many other nations to discuss the issues in international parliamentary forums such as the Inter-Parliamentary Union (IPU), the NATO Parliamentary Assembly, The Organization for Security and Co-operation in Europe Parliamentary Assembly (OSCE PA), or the Canada-US Parliamentary Assembly.

This report is our attempt to bring our perspective to this conflict. We recognize that our conclusions come at a time when the conflict is too close to permit a judgement of history. We recognize that there remains a vigorous debate concerning the legal and ethical legitimacy of the actions of NATO; this debate will continue for years to come. Much will be said about the role of the United Nations, the legal and political consequences of the failure to act of the Security Council, the need for its reform to avoid similar situations in the future. No doubt the controversy will continue about the way in which NATO’ campaign, which Michael Ignatieff has described in a prescient phrase as a "virtual war", was waged.

This said, it is clear that The majority of the Committee were of the view that Canada’s actions were a legitimate response to the need to prevent a humanitarian tragedy of the most terrible nature; that our actions were taken with the highest degree of professional competence by our men and women serving in the area and always with the highest regard of avoiding civilian casualties and respect for the norms of international law.

It is also clear that the majority recognizes the need for a continued presence in Kosovo and that, "having won the war we must not lose the peace" by failing to provide the necessary resources to ensure the establishment of a multi-ethnic and viable democratic society in Kosovo.

The Committee paid particular attention to the appropriateness and effectiveness of the sanctions imposed upon the Federal Republic of Yugoslavia. Our examination of this issue was informed by the recent consideration of this issue in the context of Iraq. Both reports have a consistent theme: the use of sanctions should be revised in order to ensure that they target those guilty for the situation and not the innocent general population.

I would like to thank the members of the committee for the energy and attention which they devoted to this complex and difficult issue at a time when the committee was operating great pressure to complete other work such as Bill C-19, the Crimes Against Humanity and War Crimes Act, and other reports both in the main committee and the sub-committees. We all recognize the limitations which constrain a report of this nature but we do believe that it is important that our perspective and recommendations for future conduct of the government be provided at this time.

This Report could not have been prepared without the collaboration of a great many dedicated and talented people who have been willing to work long hours to bring it to completion. Our research team, led by the indefatigable Gerald Schmitz of the Parliamentary Research Branch of the Library of Parliament and ably assisted by Jim Lee, each one of whom contributed his great personal expertise and writing skills to the task, is to be thanked and congratulated as being responsible for bringing together and digesting the results of so much testimony and providing the Committee with clear guidelines for our recommendations.

Our Committee Clerks, Ms. Janice Hilchie and Ms.Marie Danielle Vachon, together with Committee staff members, Ms. Caroline Martin and Ms. Diane Lefebvre, are to be thanked for their usual efficiency in ensuring that our work was conducted in the most professional and productive manner. Also to be warmly thanked are our many translators, editors, interpreters, console operators and others without whom our work could not have been accomplished.

Finally I would like to thank, on behalf of all the members of the Committee, the members of the Canadian public who shared their insights with us. I hope that this Report responds to their concerns.