Mission Statement May 20 2009

Working Copy May 20, 2009 Political Action Council Protecting Canadians Abroad MISSION STATEMENT Preamble We are a diverse and non-partisan network of Canadians who value our liberal democracy, our multicultural heritage and our fundamental freedoms. We have come together out of concern for our fellow Canadians who often do not receive the minimum standards of justice and fair treatment, as is their right, when they meet with trouble Abroad (“Canadians Abroad”). There is a pressing need, therefore, to develop a new, comprehensive and effective system for the full protection of Canadians Abroad. We are firmly committed to the principle that every Canadian Abroad has the right to equal protection by the Canadian Government to the greatest extent possible and without discrimination. Based on these shared principles and purposes as a Council: (i)

we will provide advice, guidance and assistance and advocate for Canadians in difficulty overseas and their families on the actions that are necessary to see their difficulties resolved;

(ii)

we will make proposals to the Canadian Government on how services to Canadians overseas can be improved. As a first step in that process we will call for a statutory obligation on the part of the Canadian Government to provide consular services and protection to all citizens of Canada who are in difficulty overseas;

(iii)

We will also advocate for an “Independent Officer and Office” to whom Canadians can appeal when they do not obtain the needed support and protection from their Government.

(iv)

we will strongly advocate for such major reform;

(v)

we will reach out to the public in pursuit of these objectives.

(vi)

We will work internationally and in cooperation with groups in other countries with similar objectives to improve the international legal framework in which consular protection and services are provided. As a

Working Copy May 20, 2009 first step in that process we will call upon the Government of Canada to initiate a call for a review conference for the Vienna Convention on Consular Relations and its associated Protocols. As nation that is internationally respected for its human rights record, its multiculturalism, its diversity and its social tolerance, Canada is uniquely positioned to create the optimal system for the protection of its nationals when they are in peril abroad. Canada is also uniquely positioned to take a leadership role, on the world stage, in the establishment of an exemplary model for other nations that are concerned about the plight of their nationals in foreign lands.

I.

THE SYSTEMIC PROBLEM

There are an estimated 2.5 million Canadians residing abroad (some 8% of the total population). Additionally, Canadians make almost 50 million foreign visits each year. Canadians live or travel overseas for a wide variety of reasons, including educational and business opportunities, personal obligations, vacations, family visits and many other purposes. Although most encounter no serious difficulties while abroad, each year thousands of Canadians do require urgent and immediate governmental protection while in another country. In 2007 alone, nearly two thousand Canadians were arrested or detained by foreign authorities. Some Canadians abroad may also be dual nationals. As a result, their rights as Canadians are often not recognized when they travel to their country of origin. In recent years we have all witnessed the troubling increase in the number of incidents where Canadians abroad were caught up in difficult circumstances in countries where respect for human rights is minimal and the fundamental rights of Canadians are violated. In such cases the response of the Canadian Government has appeared to be less than fulsome. The O’Connor and Iacobucci inquiries have documented some of the systemic challenges. There are a number of high-profile cases that illustrate the problem include: Canadian National

Foreign Country

Abousidian AbdelRezik Maher Arar William Sampson Zahra Kazemi Michael Kapoustin Hussein Celil Bashir Makhtal

Sudan Syria Saudi Arabia Iran Bulgaria China Ethiopia

Working Copy May 20, 2009 There are many other situations in which Canadians abroad have had their fundamental human rights and safety compromised or have been denied internationally recognized minimum standards of fair treatment. These cases have revealed many challenges that will need to be overcome so as to better safeguard the rights of all Canadians who venture abroad. We are justifiably concerned whenever ill treatment is inflicted on Canadians abroad. There is a growing sense that there is not enough being done to protect and defend our fundamental rights when we are abroad. The Consular Affairs Bureau within the Department of Foreign Affairs is the agency responsible for assisting Canadians living, visiting or doing business abroad. Consular personnel provide many forms of essential assistance. Despite this fact, recurring problems have arisen in cases involving the abusive or discriminatory treatment of Canadians abroad. At present, the ability of our consulates to advocate effectively on behalf of these Canadians may be constrained by competing priorities within Canadian Government circles. For example, the Department of Foreign Affairs has the mandate to enhance commercial and diplomatic ties with other countries. Occasionally, this mandate, will conflict with the objective of defending the interests of individual Canadians abroad. Furthermore, political calculations, perceived security concerns or other considerations relating to the national interest may influence the willingness of the government of the day to fully protect the distressed Canadian abroad. Regrettably, these considerations appear to unjustifiably trump the right of the Canadian abroad to full protection by the Canadian Government even though such protection is fully warranted. The current system for the protection of Canadians abroad is clearly inadequate and sub-standard. Existing procedures and practices often fail to ensure prompt and effective action to protect Canadians that are in trouble abroad. II.

OUR OBJECTIVES AND APPROACH

Canada needs to develop an effective mechanism to deal with complex consular cases. In such circumstances, immediate and proactive action needs to be taken when Canadians Abroad are denied their fundamental rights. In response to this systemic problem, we are establishing a network that will take the following action on behalf of Canadians abroad.

Working Copy May 20, 2009 a)

Develop Policy Leading to Legislative Reform

Our goal for policy development and legislative reform is to facilitate the passage of legislation that: recognizes the duty of the Canadian Government to protect Canadians abroad; ensures that the Canadian Government abides by rigorous standards of conduct when representing Canadians abroad; and places a heavy onus on the Canadian Government be fully accountable when it decides to put the national interest ahead of the individual’s interest. In order to fulfill these goals: i)

we will undertake a comprehensive analysis of all policy considerations relating to the protection of Canadians Abroad;

ii)

we will propose and support legislation that will give full recognition to what Canadians reasonably expect from their government. The proposed legislation will confirm that: •

the Canadian Government has a strict duty to represent Canadians Abroad when their fundamental rights are denied.

•

to fulfill this duty, the Canadian Government is duty-bound to act in the best interests of Canadians abroad at all times.

(iii)

the proposed legislation will establish an independent body with the sole mandate to advocate exclusively for Canadians Abroad. Any Canadian abroad that is dissatisfied with the level of protection provided by the Canadian Government will have a right to file a complaint with the independent body. In the exercise of its mandate, the independent body will screen all complaints. It will then proactively advocate on behalf of any Canadian abroad that, in the opinion of the independent body, has lodged a legitimate complaint.

(iv)

both the independent body and the Canadian Government will do their utmost to reconcile any difference of opinion as to whether the Canadian Abroad is being adequately protected. In the event that the independent body and the Canadian Government are unable to reconcile their differences, either may apply to the Canadian Courts for an immediate judicial determination. The Canadian Courts will make the final decision as to whether the Canadian abroad has been sufficiently protected. If it is determined that the Canadian abroad deserves better protection, the Canadian Courts will have

Working Copy May 20, 2009 the power to compel the Canadian Government to take the appropriate action on behalf of the Canadian abroad.

b)

Advocate for Canadians Abroad and Legislative Reform

Pending legislative reform of the nature proposed above, there is a pressing need for strong advocacy on behalf of any Canadian abroad that is not being properly protected by the Canadian Government. For this reason, our network will establish an advocacy centre designed to:

c)

i)

monitor the Canadian Government’s overall compliance with its duty to protect Canadians abroad;

ii)

advocate for major reform of the existing system for protecting Canadians; and

iii)

take political and/or legal action on behalf of any Canadian abroad that, in the opinion of the advocacy centre, has been unjustifiably neglected by the Canadian Government.

Promote Public Awareness, Debate and Consensus

The network will seek public input through a series of roundtables across Canada and on-line forums on all policy considerations involved in actualizing the legislative reform set out above. Specifically, the network will reach out to a diverse and concerned Canadian public to ensure a wide spectrum of opinion prior to producing the proposed draft legislation. This outreach will include consultation with ethnic communities, government officials, parliamentarians, NGOs, think tanks, academic centers, the business community and the public at large. We will seek, by these and other means, to raise public awareness about the systemic problem and the proposed solutions to the problem. In this way, we hope to promote constructive public debate, consensus and ultimate reform. d)

Provide Support for Canadians Abroad and Their Families

As part of its public outreach, the network will establish direct and ongoing relations with Canadians abroad and their families. In cases of serious hardship, the network

Working Copy May 20, 2009 will provide any necessary support or assistance. The network will ensure that Canadians abroad, and their families, are not left to suffer in silence.

III.

CALL TO ACTION

Our network urges all interested Canadians to become involved in this initiative. We welcome all constructive viewpoints, recommendations, criticisms and alternative proposals for the protection of Canadians abroad. We recognize that major overhaul of the existing system can only be achieved through vigorous public engagement, debate and consensus.