The Senate
Motion to Call Upon the Government to Impose Sanctions against Chinese and/or Hong Kong Officials--Debate Continued
June 23, 2020
Honourable senators, I would like to be on the record to speak to Senator Housakos’ motion.
A few months ago, I spoke to my own inquiry on the human rights abuses suffered by pro-democracy demonstrators in Hong Kong at the hands of the Hong Kong police with the backing of the Beijing regime. At that time, I did not plan to rise again, but times have changed.
Senators, like you, I believe in thoughtful diplomacy and constructive dialogue on issues and common concerns among nations. Today I stand to support the motion of my colleague and add my voice to the call for stronger actions by Canada in response to China’s step-by-step destruction of democracy in Hong Kong and the disregard of human rights and life across the country, and especially for minority Muslims, the Uighurs. I covered the story of the Uighurs back in the late 1980s and 1990s; I was in that province and you could see then the systematic approach by the Beijing government in what was taking place with the Muslim minority in that region of China.
Senator Housakos’s motion says that the Senate will call upon the Government of Canada to impose sanctions against Chinese or Hong Kong officials pursuant to the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) in light of the violation of human rights of the principles of fundamental justice and of the rule of law in relation to the ongoing protests in Hong Kong, and to the systematic persecution of minority Muslims in China.
Let me reflect on what has upset me about China’s actions and abuses in only the last number of weeks. Earlier this month, China banned the vigil organized for victims of the Tiananmen Square massacre in June 1989. The Chinese government authorities banned the peaceful memorial under the cloak of the coronavirus security laws enforced by the Hong Kong police force. Still, thousands of brave Hong Kongers stood up and lit candles all across Hong Kong in memory of what took place in Tiananmen and held a vigil. They have a right to do that, and I sincerely hope they’ll have the right to do that in years to come.
As we know, China has shamefully never acknowledged the victims of the massacre even once in the last 31 years. Then, while other countries are understandably distracted by the health issues within their own borders, the pandemic has allowed China to reach its tentacles further into Hong Kong’s administration. They are ignoring the “one country, two systems” international agreement and they aren’t looking back.
I recently participated in a webinar with Senator Ngo, Senator Housakos and the Honourable David Kilgour, and young democratic leaders in Hong Kong Watch to mark the one-year anniversary since protests erupted in Hong Kong over the proposal of unlawful extradition legislation. This proposed law would have allowed for the extradition of citizens to mainland China where the courts are under the control of the communist regime, rather than a more democratic system in Hong Kong.
After much international attention and months of protests and uproar, the law was reluctantly revoked, but stability has certainly not returned. Hong Kongers are now faced with a draconian security law. Through it all, as we’ve witnessed while we watched television and read, hundreds of innocent people, young people particularly, were beaten and arrested. Some still sit in a maximum security prison for their participation in the pro-democracy demonstrations. In fact, Beijing, as I mentioned concerning the Tiananmen vigil, has used the COVID-19 crisis to reinforce restrictions on movements and gatherings in recent months.
The Hong Kong people, like you and me — people who believe in democracy — should not have to fear, suffer or die to live in a state with democratic peace and with human rights and freedoms. No one should.
China’s abuses do not stop there. I know we are all horrified by the devastating human rights abuses by the Chinese government on the Uighur minority who live in China’s Xinjiang region. They are continually being abused, harassed and arbitrarily arrested. They are not free to practice their religion or customs, their movements and phone calls are monitored and family members are threatened. And it gets worse: of those arrested, more than 1 million Uighurs are in internment camps in Xinjiang. These are so-called re-education camps, and they are an attempt by the regime to fully control every citizen of its country. They are trying to wipe out a culture, a religion and its people in northwestern China.
We have learned of these inhumane practices from Uighurs who have been able to escape from China, although it seems they will never really be free, not completely. This is a statement from Amnesty International:
Uyghurs living overseas are suffering from harassment and intimidation by the Chinese authorities. Around 400 people have told us their stories, recounting intrusive surveillance, intimidating phone calls and even death threats. Their family members in China are targeted to suppress their activism abroad.
These are very serious concerns. These actions by the Beijing government provide a compelling reason, in my view, to use the Magnitsky Law. The Magnitsky Law allows the Canadian government to seize assets in Canada belonging to individuals known to have engaged in gross violations of human rights or corruption, bars these individuals from the country and prohibits Canadians from doing business with them.
I want to invoke a few words from two learned Canadians who are experts on both the legal and, of course, human rights aspects.
One is Errol Mendes, a University of Ottawa law professor and human rights expert. He talks about the Magnitsky Law, saying, “This is the least we can do,” because he believes that, vis-à-vis the Uighurs in China, it’s a massive crime against humanity. He understands, as I think we all understand when dealing with China, that:
It will still no doubt attract even more repercussions from China, but it’s a price we have to pay if we believe in where we stand since the Second World War — that we cannot let it happen again.
Recently, we have seen words from Irwin Cotler, a former colleague in the other place and, of course, an international human rights lawyer who has stood up for Nelson Mandela and many others in Russia who believe in human rights. Of course, he has said we should invoke the Magnitsky Law when it comes to China in dealing with the cover-up of the coronavirus. It’s very serious. He believes it, and he has said it. It has to do with the idea that, for five or six days, the world did not know what took place in China.
Mr. Cotler has said:
If Chinese leaders do not hold themselves accountable . . . at least we in Canada should be imposing visa bans, asset seizures and the like.
Having lived in China, having worked in government, having understood some of the things that happen behind the scenes, thinking of the two Michaels tonight and having listened to Michael Kovrig’s wife last night on CBC — what she is saying is compelling — I’m sensitive to the idea of how we deal with China.
However, I think somewhere along the line there has to be more than just saying we’re very disappointed. I have great respect for the Prime Minister and the foreign minister. I understand, having worked in government, what government is going through. Somewhere along the line, we have to stand up to the bully. In my view, this is the time to stand up and use different forms of action, or at least contemplate using them, talking about them publicly and not shying away.
We have an important role to play in the Senate in terms of what takes place at our borders, when it comes to the two Michaels and the student who came to see me, who now sits in a Hong Kong prison. He came to see other senators. His name is Edward Leung. He spoke about freedom and human rights, and where does he end up? In a Hong Kong jail.
I think we have the right to talk about those people and what they stand for. I can say anything I want, inside or outside the chamber, and I don’t think somebody will pick me up and say, “I’m going to put you in jail for what you believe in.”
If we don’t stand up, who will stand up for what takes place in China — to the Uighurs, the Tibetans, the people of Hong Kong and the young students who are fighting the good fight? I feel there is an opportunity for senators to discuss the Magnitsky Law and to delve into the minutiae of it. It’s a lever that Canada has; it’s there. It has been used against officials in Russia, Venezuela, South Sudan and other places in the world.
As I said, I know the government has raised the human rights issue at every opportunity, but it doesn’t seem to be working. China has shown that it will not listen to reason or to allies. It is playing games with people’s freedoms and precious lives. Beijing needs to be held accountable for the abuses it knowingly inflicts on innocent people. We have seen and heard enough; and, most important, we know enough to demand that these abuses stop, or Canada will act.
I’ve always said that I’m only one voice here, but I have a lived experience. I remember once an official in China telling me that my news stories hurt the feelings of the Chinese people. I said, “I love the Chinese people. I just have a problem with your government, the way it treats its own people.”
I’ve always wanted to have a debate with the Chinese ambassador and others about the way we talk here. Once when I was being wined and dined as a senator, I said, “Could I go back to China and go on the equivalent of CTV in Canada?” It was called China Central Television, or CCTV. I said, “Could I go on your television program and say what I witnessed in Tiananmen Square in 1989?” We have had that discussion here. I’ve had the discussion in the Chinese embassy here. Let me do that, and then I’ll be satisfied that China is an open and free place where people can be heard and say what they want, without fear.
In closing, I know that some senators have a difficult time in supporting Senator Housakos’s motion, but I feel it’s another piece of leverage that Canada could use, and perhaps should use. I want to thank Senator Housakos for bringing this motion to the Senate, and I hope other senators will consider it. Thank you.
Honourable senators, as reminded by Senator Munson, protests in Hong Kong have been ongoing since June 2019, when over 1 million people rallied against an extradition bill that would allow criminal suspects to be extradited to other jurisdictions, most likely China.
The Hong Kong government temporarily withdrew the extradition bill, but Chinese suppression of fundamental human rights and freedoms within the region is ongoing. While protesters were partially vindicated with the withdrawal of the extradition bill, they still have four key demands that have yet to be satisfied.
First, there must be an investigation into alleged police brutality and misconduct; second, all those arrested during the protests must be released; third, the official characterization of the protests as “riots” must end; and fourth, universal suffrage must be implemented.
Just months ago, the U.S. Department of State decertified Hong Kong for the purposes of the United States-Hong Kong Policy Act of 1992. Hong Kong’s decertification by the United States reflects the Hong Kong government’s failure in upholding human rights and the rule of law.
Hong Kong protesters suffered significant human rights abuses, including, to quote from a report, “police brutality against protesters and persons in custody; arbitrary arrest; substantial interference with the rights of peaceful assembly and freedom of association; and restrictions on political participation.” Despite this, the Hong Kong government has refused calls, including from the United Nations High Commissioner for Human Rights, for a special inquiry into the alleged police brutality.
Violence has continued against protesters and police have targeted pro-democracy leaders under the pretense of their involvement in “unlawful assemblies.” Well over 8,000 protesters have been arrested in the last year.
China has also engaged in suppression of human rights observers. Five human rights observers were arrested while working at assemblies in Hong Kong in November 2019 and January of this year. The observers were stripped of their clothing, all personal belongings were taken and observer cards and recording devices were taken. At the time of their respective arrests, all five of the observers were wearing clothing and ID cards that clearly identified their role and the organizations for which they were working. All of them were conducting impartial and independent work and at no time did they obstruct police operations.
In addition, during the two separate incidents, each of the five observers was subjected to verbal abuse from police officers, specifically in relation to their role as human rights observers.
China is now taking the extraordinary step of ignoring the requirements of the internationally negotiated and agreed upon basic law to unilaterally implement an oppressive Hong Kong national security law that would classify the exercising of many basic freedoms as subversion.
Hong Kong people will now have to consider arrests and harsh sentences for protesting, speaking out, running for office and other freedoms they have long enjoyed and struggled peacefully to defend.
The law will also allow China to establish a presence in Hong Kong by their national security and intelligence organizations.
Chief Executive Carrie Lam has already indicated that she will comply fully with China’s imposition of the law on Hong Kong, despite its implications for Hong Kong’s level of autonomy under the “one country, two systems” arrangement promised in the basic law.
Colleagues, I had the honour of meeting with Bill Browder at a conference in Berlin seven years ago to discuss his proposed Magnitsky law, then before the European Parliament. When I came to the Senate, I was so proud of our now-retired colleague Senator Raynell Andreychuk when she brought the Magnitsky Law to this chamber and we were able as senators to contribute to the Canadian version of this remedy for human rights violations.
Let me just tell you a little bit about Sergei Magnitsky. He was Bill Browder’s lawyer in Russia who was imprisoned after uncovering a massive tax fraud scheme implicating numerous Russian government officials. In 2008, Mr. Magnitsky was put in jail and subsequently denied adequate medical treatment. In early November 2009, Mr. Magnitsky was beaten so severely that it caused his death. He had filed over 400 complaints to the prison in which he was held, creating a substantive record of his mistreatment. Despite this record, none of the officials responsible for his abuse and death were held accountable in Russia. Following his death, his colleague, client and friend Bill Browder worked very hard until the United States passed the Magnitsky Rule of Law Accountability Act in 2012.
Canada’s Magnitsky Act was introduced in this chamber in October 2016 by Senator Raynell Andreychuk. It passed the House of Commons with all parties voting in favour, coming into force just under a year from its first reading in the Senate — a rapid process that many of us still hope for. The act gives the Government of Canada the ability to freeze access to Canadian property owned by foreign nationals or entities that are responsible for or complicit in gross violations of internationally recognized human rights. Canada’s Magnitsky Act gives our government the power to prohibit such actors from making any financial transactions in Canada, further limiting their ability to use Canada to store and hide their wealth, some which is gained from violating the rights of others.
Here are some examples of how we have already used the Magnitsky Law in Canada. In early November 2017, just two weeks after the law came into force, Canada sanctioned 52 human rights abusers from Russia and Venezuela, stopping them from using the Canadian banking and property systems. In November 2018, Canada sanctioned 17 Saudi nationals who were responsible for or complicit in the brutal torture and death of the journalist Jamal Khashoggi. I concur with Senator Munson, Senator Housakos and Senator Ngo: It’s time we swung the spotlight onto the astonishing levels of human rights violations by China against millions of people who are defenseless against state-sanctioned violence and force, largely hidden from the world.
According to Human Rights Watch, since 2015, it has been estimated that over a million Muslim minorities have been detained in over 85 camps located in China. The Chinese government initially denied the existence of these camps, but after pictures of construction of these camps were exposed, they claimed that they were merely re-education centres.
In early March of this year, I travelled to Calgary at the invitation of Dr. Fozia Alvi, well-known for her work in the Rohingya camps in Bangladesh, where she invited families of detained Uighurs who are now Canadians to raise the alarm about COVID-19 in the encampments and prison of China. I moderated their press conference. It was attended by advocacy organizations, members of families and six doctors from Calgary who are particularly concerned about what was going to happen as a result of COVID-19 in the overcrowded conditions of the prisons and encampments of China.
A recent report by the Australian Strategic Policy Institute asserts that over 80,000 Muslim minorities in China have been moved to various areas around the country to do “forced, hard labour” in factories that create products for companies like Nike, Samsung and Apple, among others.
Additionally, the China Tribunal, an independent judicial investigation based in England, conducted thorough research into forced organ transplantation in China. Okay; can we just pause for a moment and hear what I’m about to say? We are talking about organs inside people’s bodies forcibly and surgically removed from live prisoners of conscience. That’s what I’m talking about here. So pause from your phones and whatnot and think about that, please.
This was recently presented as findings from the tribunal to the UN Human Rights Council. They were very clear: These are crimes against humanity that are being committed against Chinese Falun Gong practitioners — another minority population in China — and there are indications that Uighur detainees are now being added to this horrendous violation of fundamental human rights.
In closing, I wish to express regret as an independent senator about the agreement reached by the leaders of all the political groups in this chamber to not allow motions such as this to be brought to a vote.
I want to thank Senator Housakos and Senator Ngo for their leadership in bringing this motion and for now initiating a letter that senators can sign on to, since we can’t vote, and to express to the human rights advocates for a democratic Hong Kong for freedom for Falun Dafa and Muslim minorities being persecuted by China. How sorry I am that all we can do this week is speak to, and not call for a vote on, this motion.
Thank you. Meegwetch.