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e-4935 (Foreign affairs)

E-petition
Initiated by Joanne Hodges from Scarborough, Ontario

Original language of petition: English

Petition to the House of Commons

Whereas:
  • The House of Commons unanimously recognized the Tamil and Uyghur genocides in motions passed on 18 May 2022 and 21 February 2021, respectively;
  • The Subcommittee on International Human Rights condemned the use of force against Tigrayan civilians by Ethiopian, Eritrean, and Amhara forces on 5 December 2022, stating that all human rights violations should be investigated and prosecuted;
  • Canada possesses tools to combat mass atrocities, including the Crimes Against Humanity and War Crimes Act for prosecutions and the Sergei Magnitsky Law for targeted sanctions;
  • In the past, Canada implemented targeted sanctions on officials and entities responsible for violations against Uyghurs and other Turkic Muslims, and Tamils. No targeted sanctions have been implemented for violations against Rwandans, Hazaras, Tibetans, or Tigrayans; and
  • Canada has only prosecuted two individuals, Désiré Munyaneza and Jacques Mungwarere, under the Crimes Against Humanity and War Crimes Act.
We, the undersigned, citizens and residents of Canada, call upon the House of Commons to:
1. Place sanctions, consistently, on foreign nationals responsible for gross violations of human rights against Rwandans, Hazaras, Tibetans, and Tigrayans, and place further sanctions on foreign nationals responsible for gross violations of human rights against Uyghurs and Tamils;
2. Conduct a comprehensive review of the Crimes Against Humanity and War Crimes Act to assess why it has not been used in over ten years to prosecute war criminals and criminals against humanity, and rectify any issues found so that it is used consistently and effectively; and
3. Resettle genocide victims to Canada, including members of the Uyghur, Tigrayan, Hazara, Tibetan, Rwandan, and Tamil communities.

Response by the Minister of Immigration, Refugees and Citizenship

Signed by (Minister or Parliamentary Secretary): Paul Chiang, M.P.

Canada has been a strong voice for the protection of human rights internationally, beginning with its central role in the drafting of the Universal Declaration of Human Rights in 1947-1948, to its key role in global forums such as the United Nations today. Canada has also been a party to the Convention on the Prevention and Punishment of the Crime of Genocide since 1952 and the since 1987. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

The promotion and protection of human rights is integral to Canada’s domestic priorities and efforts abroad, and we continue to collaborate with our key partners to ensure atrocities such as these never occur again. Canada stands with the survivors of genocide and their descendants and is proud to be a country where they can find safety and rebuild their lives.

Canada is a signatory to the 1951 Convention Relating to the Status of Refugees and its 1967 Optional Protocol. The 1951 Convention is a key international agreement that is foundational to Canada’s humanitarian responsibility for refugee protection and is also central to the United Nations High Commissioner for Refugees’ (UNHCR) work.

Canada works with referral partners such as the UNHCR, Hebrew Immigrant Aid Society (HIAS), RefugePoint, Rainbow Railroad, Protect Defenders, and Front Line Defenders to identify refugees around the world and prioritize resettling those most in need of protection to Canada, primarily through the Government-AssistedRefugees Program. The UNHCR also refers cases under the Urgent Protection Program, which provides rapid resettlement to particular persecuted persons facing immediate threats to their life, liberty, or physical safety. Canada, in partnership with local communities, also welcomes refugees through its Private Sponsorship of Refugees Program. Survivors of genocide and other atrocities are among the individuals that UNHCR, other referral partners, and private sponsors refer for resettlement each year. In 2023, Canada resettled 11,050 refugees from the Middle East and North Africa, 21,640 refugees from Africa, and 17,325 refugees from the Asia and Pacific region as Government-Assisted Refugees, privately sponsored refugees, and blended visa-office referred program refugees and will continue its commitment to facilitate resettlement for those most in need of protection.

In addition to Canada’s established resettlement and humanitarian pathway streams that provide protection to vulnerable individuals globally on an ongoing basis, Canada has implemented specific public policies to facilitate resettlement initiatives, including for Hazaras and Tibetans, and has also committed to establishing a permanent pathway to Canada through Motion 62 Uyghurs and other Turkic Muslims.

The protection and promotion of human rights domestically and abroad is a priority for the Government of Canada. Canada will maintain its humanitarian tradition with respect to the Convention refugees and to affirming its commitment to international efforts to assist those in need of protection and resettlement, including victims of genocide and other atrocities.

Response by the Minister of Justice and Attorney General of Canada

Signed by (Minister or Parliamentary Secretary): The Parliamentary Secretary James Maloney

Part 2:

In June 2000, Canada became the first country in the world to adopt comprehensive legislation implementing the Rome Statute of the International Criminal Court.

The Crimes Against Humanity and War Crimes Act (CAHWCA) offers a robust legal framework that deals with genocide, crimes against humanity and war crimes. Moreover, the CAHWCA signals a clear intention to investigate and prosecute these crimes and provides Canada’s Crimes Against Humanity and War Crimes Program and the Public Prosecution Service of Canada with the legislative tool to do so.

The Government of Canada is concerned about egregious violations of human rights wherever they occur in the world and is committed to addressing them through national measures, as well as through collective international responses, as appropriate.

Canada’s Crimes Against Humanity and War Crimes Program supports Canada’s policy to deny safe haven to persons believed to have committed or been complicit in genocide, crimes against humanity, or war crimes. As well, it contributes to the domestic and international fight against impunity for these most serious crimes.

More specifically, the Program works to ensure that people who commit or are complicit in genocide, crimes against humanity and war crimes do not enter Canada. As well, when the Program receives allegations regarding individuals believed to have been involved in these crimes, the Program processes every allegation relating to Canadian citizens, regardless of their location, as well as any individuals present in Canada, regardless of their status.

Once the Program receives an allegation, the first step is to assess whether it fits within the scope of the Program’s mandate and activities. If so, the Program conducts a preliminary assessment, taking into account a number of criteria, including the gravity of the crimes, the individual’s involvement in the crimes, the availability and admissibility of evidence, and the resources and time required, to decide on the most appropriate course of action.

One or more of the following measures may then be pursued, as appropriate:

  • Extradition under the Extradition Act;
  • Criminal investigations under the CAHWCA and other federal acts;
  • Citizenship prohibition under the Citizenship Act;
  • Citizenship revocation under the Citizenship Act;
  • Exclusion/vacation from refugee status under the Immigration and Refugee Protection Act; and/or
  • Admissibility investigations and proceedings under the Immigration and Refugee Protection Act.

The Program also supports criminal investigations conducted by other countries, international police forces, and international courts, tribunals and mechanisms. It also supports other international initiatives aimed at ensuring individual criminal responsibility and state responsibility for genocide, crimes against humanity and war crimes, as well as the crime of aggression.

Response by the Minister of Foreign Affairs

Signed by (Minister or Parliamentary Secretary): Rob Oliphant

Part 1 - Standing up for human rights around the world is a core part of Canada’s foreign policy. Canada has expressed our concerns about allegations of human rights violations against Uyghurs and other minorities in Xinjiang, as well as in Tibet. The Prime Minister has also clearly indicated that Canada is committed to defending human rights in Sri Lanka – including the Tamil minority. Canada has expressed deep concerns over reports of human rights violations in Ethiopia, including in Tigray, and recognized the widespread persecution of members of the Hazara group in Afghanistan at the hands of the Taliban. Canada has also served as a proud partner of Rwanda in commemorating the tragedy of the 1994 Genocide against the Tutsi, and supporting its efforts to foster reconciliation, rebuild its country, and advance its development.

Canada remains a firm and consistent voice when it comes to the protection and promotion of human rights. Canada’s foreign policy tools include dialogue, capacity building, advocacy, multilateral engagement, and other diplomatic actions. Sanctions are an important complement to these tools, and the Government of Canada takes the matter of imposing sanctions very seriously. Canada’s approach to imposing sanctions against individuals, entities and foreign states is effective and coordinated with allies when appropriate. 

Canada’s robust sanctions regime is a key tool for ending impunity for individuals, entities, and states who threaten the international rules-based system that keeps Canada and Canadians safe, and who violate or abuse fundamental human rights. In addition to imposing required sanctions adopted by the United Nations Security Council through the United Nations Act, Canada imposes sanctions under two additional pieces of legislation: the Justice for Victims of Corrupt Foreign Officials Act; and the Special Economic Measures Act. The choice of legal instrument to apply sanctions is considered on a case-by-case basis in the context of the specific circumstances at issue.

To that end, Global Affairs Canada has established a rigorous due diligence process to consider and evaluate possible cases of human rights violations and abuses, corruption or other circumstances that may warrant the use of sanctions. Canada continuously reviews all of its options to respond to the specifics of each unique situation.

Open for signature
April 22, 2024, at 3:55 p.m. (EDT)
Closed for signature
May 22, 2024, at 3:55 p.m. (EDT)
Presented to the House of Commons
Ali Ehsassi (Willowdale)
June 13, 2024 (Petition No. 441-02566)
Government response tabled
August 21, 2024
Photo - Ali Ehsassi
Willowdale
Liberal Caucus
Ontario