FAAE Committee Report

Government Response to the Report of the Standing Committee on Foreign Affairs and International Development entitled “Rights & Democracy: Moving Towards a Stronger Future”

The Government of Canada has carefully considered the Report of the Standing Committee on Foreign Affairs and International Development entitled “Rights & Democracy: Moving Towards a Stronger Future.”

The Government would like to thank the members of the Committee for their efforts in preparing this report and welcomes their continuing interest in the important work of the International Centre for Human Rights and Democratic Development (Rights & Democracy). The Government also wishes to thank all witnesses who appeared before the Committee.

Below is the Government’s response to recommendations made by the Committee.

Recommendation 1:

“The Government of Canada should publicly recommit to the independence and continuing role of Rights and Democracy in providing critical support for human rights and democratic development around the world.”

Rights & Democracy is an arm’s-length Canadian institution established in 1988 by the International Centre for Human Rights and Democratic Development Act. Its mandate is to promote and support programs and institutions that strengthen human and democratic rights as enshrined in the International Bill of Human Rights. It operates as a shared-governance corporation and, as such, its program direction is guided by its Board of Directors. 

The Government of Canada has a sincere and fundamental belief in the important work of Rights & Democracy in the field of human rights promotion and democratic development. The organization has received international praise for its work in countries like Afghanistan, for example, where it supports women’s rights, or Burma and Zimbabwe where it helps support independent media.

The legislated 2003-2008 Five-Year Review of Rights & Democracy, tabled in Parliament in April 2009, confirmed the overall quality and effectiveness of the organization’s activities and programming in the field; the usefulness of its contribution to Canada’s support for human rights and democratic development on the world stage; and the uniqueness of its niche focus on the interface between human rights and democratic development.

Given the important work it carries out in the field, the Government reiterates its support for the organization and is committed to working with the new President to ensure the organization is able to increase its effectiveness and influence on the world stage.

Recommendation 2:

“The Committee recommends that the Government of Canada provide Rights and Democracy with consolidated funding for the next five years at the level of the current annual appropriation for each of the five years. At the end of this five-year period, the government should review whether the provision of further multi-year and consolidated funding for Rights and Democracy is appropriate.”

The Government acknowledges the recommendation on the provision of consolidated and stable funding to Rights & Democracy and is considering options in this regard.

Recommendation 3:

“The Committee recommends that the Government of Canada strongly encourage The Board of Directors of Rights and Democracy to invite the Office of the Auditor General (OAG) to perform a performance audit of the organization. In the future, the government could consider replacing the requirement for a five-year review by the Department of Foreign Affairs under Rights and Democracy’s statute with the requirement for a performance audit by the OAG every five years.”

Consistent with the Act creating Rights & Democracy, a performance evaluation that considers management and program effectiveness is undertaken every five years by the Department of Foreign Affairs and International Trade, with the latest tabled in Parliament in April 2009. The Act also provides for an audit of the accounts and financial transactions of the organization by the Office of the Auditor General, which have been performed annually.  Both documents are available online. The Auditor General Act, allows the Auditor General to inquire into and report on any organization that has received financial aid from the Government of Canada when the Governor in Council so requests. Such an audit could be considered in the future. Mechanisms already in place to measure the organization’s performance would be taken into account.

Recommendation 4:

“The Committee recommends that the Government of Canada strongly encourage The Board of Directors of Rights and Democracy to amend its by-laws so that all contracts above $10,000 in value are automatically subject to calls for tender.”

Recommendation 5:

“The Committee also recommends that the Government of Canada strongly encourage Rights and Democracy to publish all contracts greater than $2,000 on its public website.”

Recommendation 6:

“The Committee recommends that the Government of Canada strongly encourage Rights and Democracy to publish on its public website information on the travel and hospitality expenses incurred by all Board Members during each quarter.”

In response to these three recommendations, the Government underscores that it expects the recipients of taxpayer funds to hold themselves to a high standard of transparency and accountability.  Treasury Board Contracting Policy and guidelines set out a number of requirements and provide guidance on issues related to competitive and non-competitive contracting, as well as the proactive disclosure of contracts, while broader government policy articulates a requirement to proactively disclose certain travel and hospitality expenses. These instruments should guide the Board of Directors of Rights & Democracy as best practices.

Recommendation 7:

“The Committee recommends that the Government of Canada consider amending the International Centre for Human Rights and Democratic Development Act to include a clause stipulating that appointments to the Board of Directors should have regard for expertise in international human rights and democratic development and knowledge of corporate governance.”

Recommendation 8:

“The Committee recommends that Treasury Board Secretariat and Privy Council Office should collaborate to offer enhanced training on board governance to all members of the Board of Rights and Democracy. This training should be mandatory for all existing board members and an early requirement for all new appointments to the Board.”

In response to these two recommendations, the Government recalls the Act creating Rights & Democracy, which states that “the Board must have knowledge of Canadian foreign policy and experience in international development, the development of democratic institutions, the promotion of human rights internationally and international law relating to individual and collective rights.”  In filling Board positions, this requirement is recognised by the Government as is the importance of corporate governance.  In keeping with this objective, appointees are chosen with a range of skills necessary to discharge the responsibilities of the Board. The Government agrees with the importance of orientation and governance training for existing and new Board members. As such, the Privy Council Office will work with the Treasury Board Secretariat and the Chair of the Board of Directors of Rights & Democracy to ensure that training on board governance is provided at an opportune time and tailored to meet the needs of the Board. Ensuring participation in the training sessions requires the cooperation of the organization, the Chair and individual board members.

Recommendation 9:

“That the Privy Council Office remove the Board’s evaluation (and all documents related to the evaluation) of Rémy Beauregard from all files.”

The documents related to the evaluation of the late Mr. Rémy Beauregard cannot be legally removed from the Privy Council Office. Any personal information related to Mr. Beauregard may be protected under the Access to Information Act and Privacy Act.

Recommendation 10:

“That the current Board of Rights and Democracy issue an apology to Mr. Beauregard’s family for any statements damaging his reputation.”

As stated in the recommendation prepared by the Committee, this recommendation is addressed to the organization’s Board of Directors.

Recommendation 11:

“That the Government of Canada reconstitute the Board, with a new Chair.”

Recommendation 12:

“That the Government of Canada authorize the new Board to review the appointment of Mr. Latulippe.”

In response to these two recommendations, the Government underscores its confidence in the current Board of Directors and Rights & Democracy President Mr. Gérard Latulippe.  During his testimony before the Standing Committee on Foreign Affairs and International Development on this matter, Mr. Latulippe said he was looking forward to working more closely with the Committee. In his testimony and in subsequent meetings with Department of Foreign Affairs and International Trade officials, he also laid out the basic elements of his vision for the organization’s future and has demonstrated his eagerness in working with the Board of Directors and staff to implement that vision. In his role as President, Mr. Latulippe will be expected to deliver positive results on governance and stewardship of the organization, as well as resolve internal issues, in collaboration with all stakeholders. The Government intends to look ahead and support the new President in this endeavour.

Recommendation 13:

“That the new Board should be appointed in consultation with the opposition parties to ensure an arm’s-length, non-partisan Board (see process below).”

Recommendation 14:

“That the appointment process of board members should be amended to permit a 30 sitting-day review period so that the Foreign Affairs committee can study the candidacies of all those submitted by the government to sit on the Board.”

In response to these two recommendations, the Government recalls existing provisions in the Act creating Rights & Democracy that provide for consultation with all opposition parties prior to an appointment. In addition, the Committee currently has the ability to call new appointees to appear before the committee at its discretion.

Recommendation 15:

“That the Parliamentary Act should be amended to require the president, the chairman of the Board and senior management to appear annually in front of the Standing Committee on Foreign Affairs and International Development to ensure the transparency and accountability of the organization.”

Recommendation 16:

“That both Deloitte & Touche and the Auditor General should appear before the Committee to discuss their final audit reports of Rights and Democracy.”

In response to these two recommendations, the Government recalls that both the President and the Chair expressed a willingness to work closely with the Committee. Past and current Board members as well as staff have gone before the Committee on a number of occasions to appear as experts and witnesses. In addition, to ensure transparency and accountability, the Act creating Rights & Democracy calls on the organization to table its annual report in Parliament via the Minister of Foreign Affairs. In accordance with its own procedures, the Committee has the ability to call witnesses to appear before the committee at its discretion.