Letter Addressed to Hon. John Manley

**** Street Address ****
********, Ontario *** ***

May 12, 2001

Honourable John Manley, MP
Minister of Foreign Affairs
House of Commons
Ottawa, Ontario *** ***

Dear Honourable John Manley:

Recently, I addressed an individual communication to the Committee on the Elimination of Racial Discrimination, but my communication has not been accepted as admissible (copy attached). I was informed that Canada did not make a declaration under article 14 of the International Convention on the Elimination of All Forms of Racial Discrimination in order to recognize the competence of the Committee to receive and consider communications from individuals within its jurisdiction.

I noticed from the Ministry's Website that in 1986, Canadian Parliament's Special Joint Committee on Canada's International Relations declared an all-party consensus that "the international promotion of human rights is a fundamental and integral part of Canadian foreign policy." In 1995, in response to the 1994 parliamentary review of foreign policy, the Government issued a statement which reaffirmed the central role of human rights in Canada's foreign policy. Respect for human rights is also a matter of basic international law. The human rights obligations of all governments find their origins in the UN Charter, which requires all United Nations members to promote universal respect for human rights. The promotion and protection of human rights is therefore not purely a question of values but an obligation of all members of the international community.

It is well known that Canada has a good international reputation being considered the best country in the world. This was possible due to a very good policy implemented by the Canadian federal governments. It is also well known that Canada is a multicultural society and it is based on a confederation of provinces. The big problem is that every province has its provincial government and its laws, and sometimes the policy of a provincial government is totally opposed to the policy of the federal government. In addition, the life of Canadian people is mostly conducted under the provincial laws. In this situation is the province of Ontario now which is led by a neo-conservative government oriented too far to the right. This government has taken power since the summer of 1995 proclaiming its actions as a "Common Sense Revolution". But this revolution was aimed against immigrants and poor people for the only benefit of the rich. Practically this government has adopted a very harsh and discriminatory policy that destroyed the life of hundreds of thousands of immigrants and poor people together with their children. The most conclusive evidence in this regard is the Ontario Ombudsman's 1999 Annual Report. Even after such a report, nothing has been changed in the Ontario government's policy.

Although Canada incorporated some rights protected by this Convention into its domestic law, it is not sufficient to combat racial discrimination recognizing legislation alone. For example, not everybody (including me) has access to the Justice System under the Charter of Rights and Freedoms in this province because the Harris government has cut legal aid for human rights discriminations. This is a violation of the article 7 of the Universal Declaration of Human Rights. In addition, the Canadian Human Rights Act applies only to the federal institutions. Also, the Ontario Human Rights Commission is not an independent and impartial authority because the Ontario government has moved the Commission under the administration of the Ministry of Citizenship, Culture and Recreation in order to increase the government's control over the Commission. This was a strategy of the Harris' Common Sense Revolution in order to obstruct human rights complaints against the government institutions affected by its "racial discrimination" policy. Consequently, the legislation alone does not guarantee protection against racial discrimination without equal access to the Justice System and pursuing measures to eradicate abuses at all levels, even inside the government agencies administering justice like, for example, the Ontario Human Rights Commission. Recognizing individual complaints mechanism at the international Committees would really prove that Canada takes its international obligations seriously for eradicating all forms of discrimination on its jurisdiction.

Canada has recognized so far the competence of the individual complaints mechanisms only for the International Covenant on Civil and Political Rights (CCPR) and its first Optional Protocol (CCPR-OP1), and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). There are other important Conventions like the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), the International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the International Convention on the Rights of the Child (CRC). Canada has not recognized the competence of these International Committees to receive and consider individual complaints.

Article 9(4) of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (General Assembly resolution 53/144, March 8, 1999 - A/RES/53/144) sates that: "To the same end, and in accordance with applicable international instruments and procedures, everyone has the right, individually and in association with others, to unhindered access to and communication with international bodies with general or special competence to receive and consider communications on matters of human rights and fundamental freedoms".

Therefore, I am asking the Ministry's Human Rights department to comply with the Declaration on the Right and Responsibility of Individuals, known as the United Nations' General Assembly resolution 53/144, and make a declaration to the Committee on the Elimination of Racial Discrimination in accordance with article 14 of this international Convention.

Thank you very much for your understanding and your support.

Yours very truly,
Ioan Moraru

cc: the Prime Minister and Members of Parliament