Federal election 2021: We need to hear about human rights
by Alex Neve[*]
So, we are now into the second week of the federal election. Pundits and commentators have been busy offering their assessment and critiques of what the parties appear to be prioritizing in their campaigning.
There is no shortage of pressing contenders, including the health and economic dimensions of COVID-19, the ravages of the climate crisis, accountability for the genocide of residential schools as well as reconciliation with Indigenous peoples more widely, dismantling systemic racism, addressing gender inequality, taking on the challenge of governing the digital world, improving refugee protection, and responding to Afghanistan, Haiti and other humanitarian hotspots and disasters around the world.
Beyond offering up pledges about those crucial concerns, however, what would be refreshing is to hear genuine, full-fledged readiness to uphold human rights from the leaders. That is the key to meaningful progress with respect to all challenges we face, nationally and globally.
Human rights protection is foundational, yet we rarely hear convincing commitments framed from a human rights perspective in elections. Platitudes and posturing, that’s easy. Heartfelt endorsement of the Charter of Rights and Freedoms is commonplace, from some parties. And commendable positions on specific human rights cases or situations do certainly arise, unevenly and sporadically.
But a compelling vision for concretely putting human rights at the heart of Canada? Not so much. In fact, not at all.
We need leaders to make it clear that they will assess issues, craft policy, reform laws, set budgets, and make decisions, always, through a human rights framework.
Not only when it is convenient. Not as a secondary afterthought. And certainly not just by putting feel-good human rights language in more press releases.
Taking human rights seriously is about equality, agency, accountability, remedies, transparency, and consistency. That is essential when it comes to COVID recovery, climate justice, Indigenous rights, dismantling racism, advancing gender equality, governing the internet, and protecting refugees. That is fundamental in responding to crises in Afghanistan, Haiti, Ethiopia, China, Israel/Palestine, Venezuela, Syria, Yemen, Colombia, Myanmar, and elsewhere.
Above all else, it is how we will ultimately realize an equitable and sustainable world.
We could (and certainly should) ask the parties to provide us with human rights laundry lists. How will they rectify Canada’s various human rights shortcomings? What international human rights treaties will they ratify among the many we have not yet taken on board? Will they reconceive our relationships with the many countries with whom we regularly prioritize politics and economics over human rights? That would of course be welcome.
But more crucially, we need commitments that are transformative, not only reactive. Commitments that are overarching, not piecemeal. Commitments that are not just in the moment but will stand the test of time.
Here are three that would make a difference.
First, ensure that Canada’s stance on the world stage is consistently guided by international human rights standards. The Trudeau government adopted a feminist international assistance policy in 2017 and has been consulting with civil society towards a broader feminist foreign policy. The government has also put in place new guidelines for our diplomats to better protect human rights defenders around the world. Those are all steps in the right direction. But there is much further to do. Will parties commit to a legislated requirement to implement an international human rights action plan across the entirety of Canada’s global affairs?
Ensuring equitable vaccine availability worldwide, responding to the downward spiral in Afghanistan, selling armoured vehicles to Saudi Arabia, pushing Iran for accountability for shooting down Ukrainian International Airlines flight 752, working to free Canadians imprisoned abroad, acting on concerns about Canadian mining companies in Latin America, setting refugee policy along the US border, calling Israel out on illegal settlements in Occupied Palestinian Territory, or squaring the Beijing Olympics with what is happening to Uyghurs and in Hong Kong? Human rights must reliably be the overriding consideration in setting Canada’s course globally.
Second, shut down the growing inclination to use the Charter of Rights’ problematic notwithstanding clause. Provincial governments have recently recklessly used this escape hatch three times to avoid human rights obligations: twice in Quebec and once (almost twice) in Ontario.
Ottawa doesn’t write provincial laws. And we aren’t about to amend the Charter, a near-impossible (certainly Herculean) task. It would be helpful, however, for all federal parties to unequivocally promise – backed up by legislation – never to resort to section 33.
Third, it is time for a truly national embrace of human rights across Canada. For decades we have been hobbled by an ineffective and secretive approach among federal, provincial, and territorial governments when it comes to complying with our vital international human rights obligations. Our governments must collaborate to uphold those obligations equally and meaningfully across the country, and do so openly and transparently. They do not. Not even close.
Last year, in a meeting of federal, provincial, and territorial ministers responsible for human rights cohosted by the federal and Nova Scotia governments, which was only the third such gathering in 32 years, an important decision was taken, largely unnoticed at the time or since, to set up a Forum of Ministers on Human Rights.
That’s all we know. It so very much needs to be a gamechanger when it comes to delivering human rights protection across the country. But it could so easily end up being yet another wasted opportunity. We need to hear from federal parties about their vision for this Forum, and what concrete action they will take to make that happen.
We do face immense challenges that understandably feel daunting. Taking human rights seriously, like never before, will put us on the right path.
[*] Alex Neve is a Senior Fellow with the Graduate School of Public and International Affairs at the University of Ottawa. He was Secretary General of Amnesty International Canada from 2000-2020. An edited and shortened version of this blog appeared as an opinion piece in the Ottawa Citizen on August 18, 2021.