Contribution from the Government of Canada to the OAS ...



PERMANENT COUNCIL OF THE OEA/Ser.G

ORGANIZATION OF AMERICAN STATES CAJP/GT/RDI-4/05 add. 7

2 May 2006

COMMITTEE ON JURIDICAL AND POLITICAL AFFAIRS Original: English

Working Group to Prepare

a Draft Inter-American Convention against

Racism and All Forms of Discrimination and Intolerance

PRELIMINARY INPUTS FROM MEMBER STATES FOR THE FUTURE PREPARATION OF

A DRAFT INTER-AMERICAN CONVENTION AGAINST RACISM AND ALL FORMS

OF DISCRIMINATION AND INTOLERANCE

(Canada)



CONTRIBUTION FROM THE GOVERNMENT OF CANADA TO THE OAS WORKING GROUP TO PREPARE A DRAFT INTER-AMERICAN CONVENTION AGAINST RACISM AND ALL FORMS OF DISCRIMINATION AND INTOLERANCE

Canada would like to thank the Chair of the Working Group to Prepare a Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance for the opportunity to share its views regarding the scope of this work. We further salute the Chair's commitment and enthusiasm to having an open dialogue, including with civil society, on a matter of utmost importance to us all in the Hemisphere.

Considering the resolution AG/RES.2126 adopted by the 35th General Assembly of the OAS in June 2005, which instructs the Permanent Council to establish a working group with a view to prepare a draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance, as well as the work of the United Nations Commission on Human Rights in regards to the importance of the development of complementary standards; and considering that we are still in the preliminary stages of consultation since the official intergovernmental process to draft an Inter-American Convention will begin only following a formal decision in that respect by the OAS General Assembly; Canada would like to outline, as an initial contribution, its general position on what would constitute, in its view, an appropriate tool to address racism, discrimination and intolerance in the Hemisphere.

Canada believes that the fight against racism, discrimination and intolerance in the Hemisphere, should start with a collective acknowledgement of the problem, its manifestations and possible solutions. This collective acknowledgement would clearly set out mechanisms forming the basis of a non-binding Framework for Cooperation. This Framework would endeavour to strengthen bilateral, regional and international cooperation for the creation of conditions conducive to the elimination of racism and discrimination in order to facilitate dialogue on best practices (ie. share experiences in addressing laws that have a discriminatory effect) and governance models to fight racism.

Canada's general position on a proposed regional instrument against racism and all forms of discrimination and intolerance

Canada has taken a consistent stance in international fora on the importance of national implementation of existing obligations (especially pursuant to the International Convention on the Elimination of All Forms of Racial Discrimination – ICERD - which Canada was one of the first countries to support). Indeed, Canada believes that the single most pressing obstacle to tackling racism is the failure of some State Parties to meet their existing legal obligations and that political will may be the missing element in the fight against racism, rather than the lack of adequate international human rights instruments.

Consequently, Canada believes that efforts with regard to the development of any new regional instrument against racism, discrimination and intolerance, should bolster States= compliance with their existing international human rights legal obligations and should further strengthen cooperation with the UN system, including with the new Human Rights Council.

Considering the above-mentioned position, it is Canada's priority that any future instrument be specific in its scope. It is our concern that an instrument that is too general may lead to duplication and overlap with existing international instruments and to serious problems of overlapping jurisdiction and diverging interpretation of key concepts, and may generate doubts and confusion as to the obligations of concerned OAS member states. This includes potential duplication and overlap with other instruments, for example the American Convention on Human Rights.

Consequently, Canada believes that, rather than focussing on the introduction of new human rights and the creation of new obligations on OAS Member States, any new regional instrument should first and foremost help further the implementation of existing international obligations through the development of a framework for enhanced hemispheric cooperation and sharing of best practices, including governance models.

Canada recognizes, however, the opportunity to address, in a regional context, forms of discrimination and intolerance which existing international instruments have yet to explicitly address, including discrimination based on sexual orientation and multiple discrimination. This position echoes the one Canada upheld at the World Conference Against Racism in Durban, South Africa, where Canada called on participants to acknowledge the cross-cutting nature of intolerance. Canada further advocated in Durban that any new approach or strategy should take account of the specific and compounded disadvantages suffered by individuals or communities facing discrimination on the basis of several factors, for example including on the basis of sex.

Canada also recognizes the opportunity to address forms of racism that, although not exclusive to the Hemisphere, may take on particular forms in the Americas. Indeed, different groups may experience racism in different forms, dimensions and intensities because of socially constructed beliefs and perceptions. Any future instrument must reflect this context for it to lead to concrete and positive outcomes.

The lack of sufficient qualitative and quantitative data on the many manifestations of racism, discrimination and intolerance in the Americas, remains the determining obstacle to the elaboration of an instrument that truly addresses the issues at hand in a constructive and effective manner. Hence, Canada believes that any instrument must serve as a vehicle for cooperation and information gathering and comparison, with and / or through partnerships with civil society representatives; it must first provide for the development of innovative means to facilitate horizontal and trans-national data collection. To this end, members of the Working Group on ICAR may find it useful to consider the EU Monitoring Center on racism and xenophobia as a source of inspiration.[1] The World Bank could also be of assistance. [2]

Finally, Canada believes that the drafting group should take into consideration the work of the OAS Commission on Human Rights Special Rapporteurs, particularly or especially that of the Special Rapporteur on the Rights of the Aboriginal Peoples and the Special Rapporteur on the Rights of Persons of African Descent and Racial Discrimination, in raising awareness in the states= duty to respect human rights and work toward the elimination of all forms of racial discrimination in the Americas.

Specific comments as per content and scope of an instrument

Key principles

Canada advocates for the development of key guiding principles prior to commencing the elaboration of a draft text of an instrument. These principles should include, although not exclusively, the following:

- respect for human rights and fundamental freedoms, including gender equality;

- equal dignity of and respect for all cultures;

- substantive equality;

- international solidarity and cooperation; and

- transparency and accountability.

Cooperation

As indicated earlier, Canada suggests that any future instrument take the form of a non-binding Framework for Cooperation. Aside from strengthening bilateral, regional and international cooperation with a view to create conditions conducive to the elimination of racism and discrimination and to facilitate dialogue on best practices, this framework would further endeavour to:

- enhance capacities in public sector institutions, through professional and international exchanges;

- share experiences in addressing laws and policies that have a discriminatory effect rather than only a discriminatory purpose;

- reinforce cooperation with and among civil society, non-governmental organizations and the private sector in fostering and promoting the elimination of racism and discrimination. Engagement of civil society is essential to developing and implementing appropriate measures to eradicate racism and combat discrimination and intolerance, and as such, capacity of civil society should be strengthened;

- promote the exchange of information and expertise through data collection, analysis and dissemination of information, through existing mechanisms and institutions; and

- promote the use of new technologies and encourage innovative partnerships to enhance information sharing and mutual understanding. For example, strengthened cooperation with the media would enable the dissemination of positive information on diversity.

The framework should also include measures on education and public awareness since a lifelong learning approach in relation to problems associated with racism promotes acceptance and respect of diversity. One’s participation and contribution to society should never be undermined by racism, discrimination or intolerance and for that reason, any instrument must include specific provisions geared at promoting inter-cultural dialogue, starting with children and youth.

The important role cities play in the fight against racism, discrimination and intolerance (as reflected in the UNESCO Coalition of Cities Against Racism Initiative[3]) and in promoting overall social cohesion should be acknowledged in the future instrument. The International Metropolis Project could certainly assist drafters of the instrument in defining appropriate approaches to include cities as key partners in this venture.

Finally, Canada believes that the instrument should acknowledge the role of sport as a tool for social integration and the promotion of inter-racial dialogue. It thus calls on the drafters of the future instrument to include provisions to encourage collaboration between OAS and sport-related organizations, and between state members and their own sport stakeholders.

New forms of racism or racial discrimination

Canada encourages members of the Working Group on ICAR to consider, in informing the drafting of the new instrument, new forms of discrimination, as stated above.

Inter-sectionality/Multiple Discrimination

An intersectional approach takes into account the historical, social and political context and recognizes the unique experience of the individual based on the intersection of all relevant grounds. However, when addressing inter-sectional and multiple discrimination, what must be avoided is the tendency to create a hierarchy of forms of discrimination. All forms of racism and discrimination are equally unacceptable, regardless of their form or combination. Creating a hierarchy between the various forms and combinations of racism, in terms of the priority and urgency with which to respond, represents a particularly severe setback to the fight against racism and discrimination. By creating a hierarchy, we undermine the universal nature of racism and discrimination, making it harder to combat them effectively.

Hate Propaganda on the Internet

In and of itself, the Internet is neither a positive or negative force in the fight against racism, discrimination and xenophobia. It is a tool. As such, the Internet can play a dual role with regard to racism and discrimination. It can be a positive factor, disseminating information to combat racism, but it can also be used to spread racist information. Consequently, while protecting the right to freedom of expression, the instrument should include measures to curb the dissemination of any matter that is likely to expose a person or persons to hatred on the Internet.

Responding to internet-based racism, discrimination and hate requires a comprehensive approach that combines legislative reform, monitoring activities and response structures. The challenge is identifying best practices for how to combat cyber-hate and making use of the Internet to combat racism. The work of other organizations, such as the European Union and the Organization for Security and Cooperation in Europe, are illustrative of the type of measures that can be undertaken. In this regard, Canada signed on November 23, 2001, the Convention on Cybercrime that became the first international treaty on crimes committed via the internet and other computer networks, dealing particularly with infringements of copyright, computer-related fraud, child pornography and violations of network security. The Additional Protocol to the Convention on cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems, was introduced by the Council of Europe in November, 2002 and Canada has become the first non-European country to sign the protocol on July 8, 2005 as a component of Canada=s Action Plan Against Racism.

In terms of monitoring and response, parties to the instrument should also be encouraged to develop awareness raising campaigns to inform their populace of the existence and spread of cyber-hate, -racism and discrimination. The OSCE Office for Democratic Institutions and Human Rights reports that certain types of cyber-hate tend to be under-reported, in comparison to non-Internet related incidences of hate, suggesting that some groups are either less aware of the problem or less able or willing to report it.

On the home front: Canada’s fight against racism and discrimination

The Canadian vision of a society free from racism is more than a matter of principle. Anti racism is a fundamental linkage between Canadians, bringing together people of all backgrounds - including ethnic, racial, and religious communities - to build a society where one’s heritage is a source of pride and inspiration.

Canada has done ground-breaking work in the promotion of cross-cultural understanding, multiculturalism and anti-racism. On March 21st, 2005, the International Day for the Elimination of Racial Discrimination, Canada released its national Action Plan Against Racism which seeks, in collaboration with partners across Canadian society, to fight racism by both enhancing existing and introducing new initiatives across federal departments.

Canada is committed to a concerted approach to strengthen our social foundations and eliminate barriers to opportunities for Canadians of all backgrounds. Canada has for some time recognized that the fight against racism requires a horizontal, forward-looking approach and we recognize that we have to cooperate more effectively with all sectors of society for these efforts to be successful. Canada’s priorities to that extent include strengthening partnerships between government and community organizations, youth education, and enhanced regional and international cooperation. They also include close co-operation between federal, provincial and territorial governments with a view to improving horizontal linkages and policy integration.

Considering both our domestic expertise and the belief that horizontal action is key, we are convinced that Canada can make a substantial, constructive contribution to the fight against racism in the Hemispheres.

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[1]. The primary task of the European Monitoring Centre on Racism and Xenophobia (EUMC) is to provide the Community and its Member States with objective, reliable and comparable information and data on racism, xenophobia, islamophobia and anti-Semitism at the European level in order to help the EU and its Member States to establish measures or formulate courses actions against racism and xenophobia.

[2]. On February 28th, 2006, the World Bank held a Conference to establish a policy agenda for racial equality in the Americas.

[3]. The International Coalition of Cities against Racism is an initiative launched by UNESCO in March 2004 to establish a network of cities interested in sharing experiences in order to improve their policies to fight racism, discrimination and xenophobia. The ultimate objective is to involve the interested cities in a common struggle against racism through an international Coalition. In order to take into account the specificities and priorities of each region of the world, UNESCO is calling on the creation of regional Coalitions with their respective program of action. For further details:



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