FAIT Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 21

THURSDAY, DECEMBER 11, 1997

The Standing Committee on Foreign Affairs and International Trade met at 9:10 o’clock a.m., this day, in room 209 of the West Block, the Chair, Bill Graham, presiding.

Members of the Committee present: Sarkis Assadourian, Jean Augustine, Colleen Beaumier, Réginald Bélair, Scott Brison, Maud Debien, Bill Graham, Gurmant Grewal, Ted McWhinney, Bob Mills, Denis Paradis, Charlie Penson, Julian Reed, Bob Speller, Daniel Turp.

Acting Members present: Ivan Grose for John Cannis; Jean-Guy Chrétien for Benoît Sauvageau.

Other Member present: Raymonde Folco

In attendance: From the Research Branch of the Library of Parliament: James Lee and Gerald Schmitz, Research Officers.

Witness: Gilles Bernier, Ambassador Extraordinary and Plenipotentiary of Canada to the Republic of Haiti.

Pursuant to Standing Orders 108(2), 110(1) and 111, The Committee proceeded to examine the Order in Council Appointment of Gilles Bernier, Ambassador Extraordinary and Plenipotentiary of Canada to the Republic of Haiti.

Gilles Bernier made an opening statement and answered questions.

The Chair presented the Third Report of the Sub-Committee on Agenda and Procedure which is as follows:

Your Sub-Committee met on Tuesday, December 9^h, 1997 to consider the future business of the Committee and agreed to make the following recommendations:

It was agreed, --That a proposed motion regarding the situation in Algeria be moved and debated by the Committee on Thursday, December 11, 1997.

It was agreed, --That pursuant to Standing Orders 110 and 111, the Committee invite Bernard Giroux to appear before the Committee in relation to his Order in Council appointment as Ambassador of Canada to the Union of Myanmar.

It was agreed, --That a draft workplan regarding a study of Canadian policy on nuclear non-proliferation, arms control and disarmament be agreed to as amended.

It was agreed, --That the Committee consider an examination of the situation in Sudan at a future business meeting.

It was agreed, --That further to its decision of November 3^rd, 1997 to convene a hearing on the Pacific Salmon Treaty, the Committee investigate the possibility of convening a joint session with the Standing Committee on Fisheries and Oceans.

After debate, it was agreed, --That the Third Report of the Sub-Committee be concurred in.

The Committee proceeded to discuss its future business.

Daniel Turp moved, -- That whereas civil war has been raging in Algeria since the implementation of emergency measures in September 1992;

Whereas it is estimated that more than 80,000 people have lost their lives in this civil war;

Whereas there has been since 1992 a steady increase in acts of violence and at the present time civilians are the primary targets;

Whereas human rights are being violated;

Whereas the Algerian Government refuses to acknowledge the crisis in which the country is plunged, repeating incessantly that any terrorism is now "residual";

Whereas the Algerian Government has not brought to justice all the people responsible for massacres of civilians and has not ordered any kind of independent investigations;

Whereas the international community can no longer ignore the situation in which the people of Algeria are trapped;

Whereas NGOs in every country are calling insistently for intervention by the international community;

Whereas the Secretary General of the United Nations, Mr. Kofi Annan, and the High Commission for Human Rights have voiced their concern about human rights abuses in Algeria;

Whereas Canada’s Minister of Foreign Affairs has vigorously condemned "the terrorists who are committing these shameful attacks on women and men, young children and the elderly, all innocent and defenceless victims"

The Committee recommends that the Minister of Foreign Affairs urge the Secretary General of the United Nations to use its inherent powers under the United Nations Charter to resolve the ungoing crisis in Algeria, and recommends also that the Minister of Foreign Affairs continue to reach the same goals by other means notably by sending a parliamentary delegation (with a mandate approved by the Committee) under the auspices of the Interparliamentary Union, the convening of an extraordinary session of the United Nations Human Rights Commission or any other form of international commission of inquiry.

And debate arising thereon.

By unanimous consent, the motion was stood.

Benoît Sauvageau moved, --

That whereas 2,100 Canadian military personnel were captured in Hong Kong and held by the Japanese for 44 months during World War II;

Whereas these prisoners suffered abuse and were forced into hard labour by the Japanese;

Whereas these Canadians veterans are well founded in fact and in law to claim the amount of $18 per day for the work they carried out for the Japanese during their detention.

Whereas no amount of money could really compensate for the years lost by our Hong Kong veterans and the suffering they endured in the service of Canada, our Hong Kong veterans deserve special consideration;

Whereas the United Nations Sub-Commission on Human Rights recognized the validity of the claims by the Canadian veterans with regard to their forced labour during World War II in concluding that the Japanese had seriously violated the Geneva Convention;

Whereas the Sub-Commission also deems that there is no moratorium on war crimes,

Whereas the 1952 peace treaty between Japan and the Allies cannot erase all the claims by Canadian World War II veterans, as their claims involve rights granted under customary international humanitarian law;

Whereas the Canadian Government has never demonstrated the necessary will to support its veterans until now;

The Standing Committee on Foreign Affairs and International Trade recommends that the Canadian Government:

1. Recognize the justification for the claim made by veterans against Japan regarding the forced labour carried out during World War II;
2. Pay the amount of $23, 940, claimable from the Japanese, to every Hong Kong veteran; and
3. Claim the total amount from the Japanese Government according to international law.

It was moved, --That the motion be amended to read as follows:

That whereas 2,100 Canadian military personnel were captured in Hong Kong and held by the Japanese for 44 months during World War II;

Whereas these prisoners suffered abuse and were forced into hard labour by the Japanese;

Whereas no amount of money could really compensate for the years lost by our Hong Kong veterans and the suffering they endured in the service of Canada, our Hong Kong veterans deserve special consideration;

Whereas the United Nations Sub-Commission on Human Rights recognized the validity of the claims by the Canadian veterans with regard to their forced labour during World War II in concluding that the Japanese had seriously violated the Geneva Convention;

Whereas the Sub-Commission also deems that there is no moratorium on war crimes,

The Standing Committee on Foreign Affairs and International Trade recommends that the Canadian Government:

1. Recognize the justification for the claim made by veterans against Japan regarding the forced labour carried out during World War II;
2. Pay equitable compensation to every Hong Kong veteran; and
3. Examine the possibility of claiming the total amount from the Japanese Government according to international law.

After debate, the motion was agreed to, unanimously as amended.

By unanimous consent, the Committee resumed its consideration of the motion of Daniel Turp which reads as follows:

That whereas civil war has been raging in Algeria since the implementation of emergency measures in September 1992;

Whereas it is estimated that more than 80,000 people have lost their lives in this civil war;

Whereas there has been since 1992 a steady increase in acts of violence and at the present time civilians are the primary targets;

Whereas human rights are being violated;

Whereas the Algerian Government refuses to acknowledge the crisis in which the country is plunged, repeating incessantly that any terrorism is now "residual";

Whereas the Algerian Government has not brought to justice all the people responsible for massacres of civilians and has not ordered any kind of independent investigations;

Whereas the international community can no longer ignore the situation in which the people of Algeria are trapped;

Whereas NGOs in every country are calling insistently for intervention by the international community;

Whereas the Secretary General of the United Nations, Mr. Kofi Annan, and the High Commission for Human Rights have voiced their concern about human rights abuses in Algeria;

Whereas Canada’s Minister of Foreign Affairs has vigorously condemned "the terrorists who are committing these shameful attacks on women and men, young children and the elderly, all innocent and defenceless victims"

The Committee recommends that the Minister of Foreign Affairs urge the Secretary General of the United Nations to use its inherent powers under the United Nations Charter to resolve the ungoing crisis in Algeria, and recommends also that the Minister of Foreign Affairs continue to reach the same goals by other means notably by sending a parliamentary delegation (with a mandate approved by this Committee) under the auspices of the Interparliamentary Union, the convening of an extraordinary session of the United Nations Human Rights Commission or any other form of international commission of inquiry.

After debate, the question being put on the motion, it was agreed to.

At 11:56 o’clock a.m., the Committee adjourned to the call of the Chair.

Janice Hilchie

Clerk of the Committee