Sub Traducere!

Some of you are already familiar with my struggle for justice under Harris government regarding a very clear case of harassment and discrimination in employment against the grounds of ethnic origin, place of origin, citizenship, age, and receipt of public assistance.

Since I complained many times so far to the Ontario Ombudsman and the Ombudsman is still refusing to investigate the Human Rights Commission’s decision, I am complaining this time to every Member of Parliament and every member of Provincial Parliament under section 14.-(2) of the Ombudsman Act.

According to the Ombudsman Act, section 14.-(2) allows you, as a member of the "Assembly" or "Commons", to complain to the Ombudsman on my behalf if I am complaining to you as a person affected. It states that: "The Ombudsman may make any such investigation on a complaint made to him or her by any person affected or by any member of the Assembly to whom a complaint is made by any person affected, or of the Ombudsman's own motion". I have to take this action because practically I do not have access to the justice system in this province since Harris government has cut legal aid for any case regarding employment, including human rights discriminations. I applied twice for legal aid, but my applications have not been approved. So, the only way to have access to fair justice is to complain to the Ombudsman who has the power to make such investigation.

I decided to stand up and fight for my rights because such discriminations must not be tolerated in a country like Canada, on one hand. On the other hand, I would like to transmit a very clear message to every Member of Parliament and every Member of Ontario Provincial Parliament that the province of Ontario is going in a wrong direction that is not appropriate for this country.

My family and I lived in the past under Ceausescu’s communist dictatorship, and we came here with a great hope for our daughter’s better life and future, but this is not the life that we expected to have here. That’s because when the Harris government came to power, I was attending an employment placement at the Ministry of Environment and Energy. Right when I needed the most help of this country, Harris government sent me back to an immigration agency to ask for help in getting a job because I was an immigrant on welfare at that time.

In order to understand better my frustration, imagine that you are an immigrant on welfare and go to a job placement, and somebody (who is far-right extremist and saw your resume) tells you something like this: "it is not your fault that you came here, but you have to leave". In addition, that person gives you at that time a piece of paper with a name of an immigration agency telling you to go there if you want a job. Also, you see that a group of friends of that person treats you like an intruder immigrant and virus in their work place, and they harass you and do whatever they want to get rid of you. In other words, they are telling you very clearly that you are not welcome in their work environment because you are an immigrant and not Canadian citizen. Moreover, although you did a very good job, you received a very successful assessment and signed an agreement for one of four available positions, you get in the end a thank letter from the Deputy Minister and you are redirected again to an immigration agency to ask for help in getting a job. Are you going to tolerate such discrimination in "the best province in the best country in the world"? I don’t think so, of course if you are not against Canadian immigrants!

It is unbelievable to see now that Harris government has pretended that it created Ontario Workfare in order to help people on welfare get jobs! My family and I are among the victims of those 600,000 or so people on welfare reported by the government that found jobs through workfare, although they cancelled our assistance and I am still unemployed. Moreover, under the pretext that workfare would help people on welfare get jobs, Harris government forced them to perform forced or compulsory labour for free in exchange for their welfare cheques, just like in a prison. As a person who lived under one of the most communist dictatorships that used forced labour, I was completely shocked and outraged to see that it is tolerated now such kind of practice in a country like Canada! Please be advised that such a practice is prohibited even by article 8 of the International Covenant on Civil and Political Rights: "no one shall be required to perform forced or compulsory labour". However, there is no law in Canada which explicitly prohibits the forced or compulsory labour, and there is no surprise that Harris government used this gap like an opportunity to punish and exploit the immigrants and innocent people on welfare. It is beyond the limits of understanding that the government of a province which is still considered by its Premier "the best province in the best country in the world", can be so inhuman and cruel! Therefore, I am asking you, as a Member of Parliament, to introduce and pass legislation in order to comply with article 8 of the International Covenant on Civil and Political Rights.

If, eventually, you would not support and ignore my complaint addressed to you as the former Premier Mike Harris ignored my letters of protest, then I am asking respectfully to support my letter (copy included) addressed to the former Minister of Foreign Affairs, Hon. John Manley, in order to make a declaration in accordance with article 14 of the International Convention on the Elimination of All Forms of Racial Discrimination. Such a declaration will recognize the International Committee’s competence to consider individual communications against Canada as a State Party which does not comply with that International Convention. Most importantly, such a declaration will open the door for so many Canadians discriminated by Harris government’s "Common Sense Revolution" and who still do not have access to the Canadian justice system.

If you would like to see more details regarding my Canadian Experience under Harris Government, my case of Harassment and Discrimination in Employment, and other issues like my communication to the Committee of the International Convention on the Elimination of All Forms of Racial Discrimination, please visit my Home Page at: http://home.ica.net/~imoraru/

I hope that you would be touched by the pain and troubles my family has endured so far under Harris government and would contact either/both the Ontario Ombudsman in order to investigate the Human Rights Commission's decision (which has been contrary to the law, was unjust, oppressive and wrong), or/and the Canadian Minister of Foreign Affairs to make a declaration in accordance with article 14 of the International Convention on the Elimination of All Forms of Racial Discrimination.

The Ontario Ombudsman can be contacted at:

Mr. Clare Lewis, Ontario Ombudsman
125 Queen’s Park
Toronto, Ontario M5S 2C7
Tel.: 1-800-263-1830
Fax: 416-586-3485
E-mail: info@ombudsman.on.ca
Web: www.ombudsman.on.ca

Thank you very much for your help and support.

Ioan Moraru, Toronto
Beaches-East York Riding
E-mail: ionmoraru@ica.net

Cc: Prime Minister of Canada, Premier of Ontario, MP and MPP - Members of Parliament (Federal) and Members of Provincial Parliament (Ontario).

P.S I used the name Ion instead Ioan on my e-mail account because some people believe that Ioan is woman name. Ioan or Ion is equivalent to John in English, Jean in French, Ivan in Russian, Ian in Hungarian or Irish, and so on.

Enclosure

Please see my letter addressed on May 12, 2001 to Minister of Foreign Affairs, then Hon. John Manley. I apologize that at that time I did not send a copy of that letter to every MP and MPP, just to a few MPs in power, including the Prime Minister, Rt. Hon. Jean Chretien. I realize now that I made a big mistake because the answer was completely silent from the Minister of Foreign Affairs!

May 12, 2001

Honourable John Manley, MP
Minister of Foreign Affairs
House of Commons, Parliament Building
Ottawa, Ontario K1A 0A6

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.