Recommendations
RECOMMENDATION 1:
The committee recommends that the Minister of Foreign Affairs introduce amendments to the Export and Import Permits Act that explicitly reference respect for internationally recognized human rights and international humanitarian law in section 3(1) of the Act, which se ts out the purposes for which exports may be controlled under the Export Control List.
Minister of Foreign Affairs should also introduce amendments to the Export and Import Permits Act requiring the Minister to consider — in relation to military and strategic goods and technologies on the Export Control List , including goods, technologies and their associated services — whether there is a substantial risk that the exports in question could be used to commit or facilitate serious violations of internationally recognized human rights, serious infringements of the human rights of others by non - state actors, or serious violations of international humanitarian law, when deciding whether to issue a permit under section 7 of the Act.
RECOMMENDATION 2:
The committee recommends that Global Affairs Canada consult stakeholders, including civil society and academics, in the development of tools used to assess the likelihood and nature of violations of internationally recognized human rights and international humanitarian law in the exportpermit application process under the Export Control List in the Export and Import Permits Act.
RECOMMENDATION 3:
The committee recommends that Global Affairs Canada create opportunities for regular consultations with stakeholders to provide information regarding the human rights situation in various countries, as well as formal channels for stakeholders to submit information regarding the end - uses and end - users of military and strategic goods and technologies on the Export Control List that raise human rights or international humanitarian law concerns.
RECOMMENDATION 4:
The committee recommends that Global Affairs Canada work with industry representatives, civil society groups, academics and other stakeholders to explore contractual mechanisms and other ways to better monitor the end - use and end - users of military and strategic goods a nd technologies on the Export Control List that have been exported from Canada. This monitoring should focus on identifying potential serious violations of internationally recognized human rights, serious infringements on the internationally recognized hum an rights of others by non - state actors, and serious violations of international humanitarian law. The Government of Canada should play a role in this monitoring.
RECOMMENDATION 5:
The committee recommends that the Minister of Foreign Affairs introduce amendments to update the Export and Import Permits Act, and update the Export Control List and the export permit regime with the goal of preventing Canadian technology exports from being made available to any destination where there is a substantial risk that their use could result in the commission or facilitation of serious violations of internat ionally recognized human rights, serious infringements on the human rights of others by non - state actors, or serious violations of international humanitarian law. The focus of such controls should be on end - uses and end - users, rather than on categories of technology.
RECOMMENDATION 6:
The committee recommends that Global Affairs Canada review possible avenues to enhance corporate transparency and accountability in relation to the end - uses and end - users of Canadian technology exports that have the potential to be used to violate internationally recognized human rights, to infringe on the human rights of others, or to violate international humanitarian law in the country of final destination.
RECOMMENDATION 7:
The committee recommends that the Government of Canada, with the provincial and territorial governments, examine possible additional avenues to incentivize Canadian exporters and financial institutions to bring their business practices into compliance with the United Nations Guiding Principles on Business and Human Rights , and consider ways to enhance accountability if they fail to do so.
RECOMMENDATION 8:
The committee recommends that Canadian Crown corporations, including Export Development Canada, take additional steps to ensure their business practices comply with the United Nations Guiding Principles on Business and Human Rights .
RECOMMENDATION 9:
The committee recommends that the Government of Canada introduce amendments to the Export Development Act to require that Export Development Canada consider whether there is a substantial risk that a transaction could result in the commission or facilitation of serious viol ations of human rights, serious infringements on the human rights of others by non - state actors, or serious violations of international humanitarian law; and, where that is the case, whether the risk can be mitigated sufficiently to justify Export Developm ent Canada entering into the transaction.
RECOMMENDATION 10:
The committee recommends that the Government of Canada introduce amendments to the Export Development Act to require Export Development Canada to report annually, as part of its existing reporting obligations to Parliament, on the way in which it takes human rights and international humanitarian law into account in its risk assessment process. Export Development Canada’s reports to Parliament should also include statistical information on the number of transactions that were denied support due to risks related to human rights and international humanitarian law.
Ottawa – Canada’s export laws make it easy for the federal government to prioritize economic gains and foreign policy interests over human rights, the Senate Committee on Human Rights said Thursday.
In its report, Promoting Human Rights: Canada’s Approach to its Export Sector, the committee examined how Canada can use its economic levers to enhance respect for human rights, particularly with regard to Canada’s Export and Import Permits Act.
First enacted in 1947, the act is Canada’s primary tool for managing the import and export of goods and technologies. It also gives the Minister of Foreign Affairs broad discretion to weigh the potential for human rights violations against other foreign policy, defence and commercial considerations.
Even though Canada advocates for the promotion and protection of human rights, the committee found that the government too often appears willing to compromise these values in order to advance economic and other foreign policy interests.
New and emerging technologies are posing their own problems as some countries are using technology — including software exported from Canada — to control and monitor Internet access, speech and the flow of ideas. Witnesses described how repressive governments have made use of these technologies to violate human rights.
Canadian companies should not profit from human rights abuses. Greater weight needs to be given to the promotion and protection of human rights in Canada’s export regime. The committee believes export permits should be an integral part of the strategy to promote and protect human rights abroad.
Quick Facts
- The committee began its study following Global Affairs Canada’s decision to grant export permits for the sale of light armoured vehicles to Saudi Arabia. Shortly after Global Affairs officials appeared before the committee, reports emerged of a video allegedly showing Saudi security forces using these Canadian vehicles against its own citizens.
- A Canadian company received support from a Crown corporation to export technology to Bahrain. The technology was then used to filter political speech, news websites and opposition group websites.
- The committee recommends Crown corporations take additional steps to ensure their business practices comply with existing human rights principles.
- The committee recommends that the government update the Export and Import Permits Act and other regimes to prevent Canadian technology exports from being made available to destinations in which there is a substantial risk it will be used in the commission or facilitation of human rights violations. The focus of these controls should be on end uses and end users.
Quotes
“Canada’s commitment to the pursuit of human rights means little if there is no action to back it up. It is time to strengthen the Export and Import Permits Act.”
- Senator Wanda Thomas Bernard, Chair of the committee.
“The government has a responsibility to control the export of Canadian goods and technologies that could be used to violate human rights. It is not living up to expectations.”
- Senator Salma Ataullahjan, Deputy Chair of the committee.
“I was dismayed to learn how little weight is often given to human rights concerns in the approval of export permits. Canada must do better.”
- Senator Jane Cordy, Deputy Chair of the committee.
Associated Links
- Read the report, Promoting Human Rights: Canada’s Approach to its Export Sector.
- Follow the committee on social media using the hashtag #RIDR.
- Sign up for the Senate’s eNewsletter.
For more information, please contact:
Sonia Noreau
Public Relations Officer
Communications Directorate
Senate of Canada
613-614-1180 | sonia.noreau@sen.parl.gc.ca
Senators who participated in this study
Wanda Thomas Bernard
PSG - Nova Scotia (East Preston)
Salma Ataullahjan
C - Ontario (Toronto)
Jane Cordy
PSG - Nova Scotia
A. Raynell Andreychuk
C - Saskatchewan
Patrick Brazeau
Non-affiliated - Quebec (Repentigny)
Nancy J. Hartling
ISG - New Brunswick
Yonah Martin
C - British Columbia
Thanh Hai Ngo
C - Ontario
Kim Pate
ISG - Ontario