CCVT Reports
Report on Canada's Compliance to the International Covenant on Economic, Social and Cultural Rights
By Ezat Mossallanejad
INTRODUCTION
Since its inception in 1977, the Canadian Centre for Victims of Torture (CCVT) has provided services to over 12,500 survivors of torture, war and generalized violence from 130 countries. The Centre was the first of its kind to be established in North America and the second such facility in the world. Working with the community, the Centre supports survivors in the process of successful integration into Canadian society, provides for their protection, and raises awareness of the continuing effects of torture and war on survivors and their families. CCVT's mandate is to provide its clients with "hope after the horror".
The Centre offers survivors and their families such services as the Volunteer Befriending Program, Mutual Support Groups, Art Therapy, a children's program, a drop-in counselling program, and ESL classes. It also offers Coordinated Professional Services, including specialized medical and legal support. These programs are currently being enhanced by the assistance of 200 volunteers, about half of whom act as personal befrienders to survivors of torture.
In its struggle towards the prevention of torture, CCVT has been active in monitoring national and international instruments relevant to survivors of torture, war, and organized violence. We have collaborated with the government in monitoring the implementation of the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (COVENANT) and other relevant international instruments in different countries of the world through regular communication and participation in annual consultations with the Ministry of Foreign Affairs. We have attended U.N. seminars on the prevention of torture and the rehabilitation of survivors and similar conferences in countries like Switzerland, Denmark, Ethiopia, the former Yugoslavia, Chile and Nigeria. CCVT hopes to get consultation status with the U.N. Social and Economic Council.
Given our knowledge and expertise on the multiplicity of physical, psychological and social issues faced by torture survivors, we welcome this opportunity to share our insights on how Canada has so far complied with the principles of the International Covenant on Economic, Social and Cultural Rights.
CANADA'S COMPLIANCE
In the brief that will follow, the CCVT has limited its contributions to address areas of the Covenant with regards to its expertise in serving new Canadians, especially refugees and torture survivors. We feel that there are other organizations with expertise in highlighting the issue from other perspectives:
Article 1
In applying Article 1, Canada has gone beyond the COVENANT's requirement that "in no case may a people be deprived of its own means of subsistence." Through the implementation of the government's social assistance, the government of Canada has tried its best to provide a minimum standard of life for a maximum number of people.
Article 2
As a multicultural, multiethnic and multi-faith society, Canada has gone far beyond its way to comply with this article. By providing financial assistance to non-governmental organizations involved in social harmony, Canada has tried to address the root causes of various kinds of discriminations. It should be noted that Canada is a country of immigration. It enjoys the most progressive Citizenship Act in the world. Canada has incorporated the 1951 Geneva Convention relating to the Status of Refugees into its Immigration Act. The rate of refugee acceptance is high in Canada (around 50%). Canadian attempts in terms of naturalization and refugee protection are in line with the spirit of article 2 of the COVENANT.
Article 3
This article is one of the most important tools of work in favor of gender equality. In our assessment Canada has fully complied with this article. By recognizing the human rights of gay, lesbian, bisexual, transsexual, and transgendered (GLBT) persons, the Canadian government has gone far beyond the provisions of this article. Canada is one of the few countries of the world that has applied gender related guidelines in refugee hearings by the Convention Refugee Determination Division of the Immigration and Refugee Board. The most recent amendment to the Immigration Act (Bill C-11) has provided fair treatment to common-law and same sex couples. By doing all this, Canada has set an example for other countries to follow.
Article 6
We admire Canada for establishing various technical and vocational programs to guarantee everybody's right to work. The right to work is even extended to refugee claimants. Canada can even do better by narrowing the gap between Convention refugees and landed immigrants in terms of getting access to training programs
Article 7
We feel that Canada has partially complied with this article. Despite government attempts, we face the tragic reality that 12% of the Canadian population is living under the poverty line. This has led to homelessness and an increasing rate of crime and juvenile delinquency. The situation becomes worse for refugees and survivors of torture in big cities. Downsizing of social programs in cities like Metropolitan Toronto has resulted in the impoverishment of vulnerable groups, specifically women and children. The meager amount of government social assistance is not even adequate to cover one's rent. The provincial government of Ontario has reduced the amount of social assistance to poor people by 21.5%.
In terms of equal opportunity, we recommend that the government promote the employability of single mothers through more generous support for daycare programs. We also recommend that Convention refugees be provided with the same rights as permanent residents of Canada.
We admire that everybody has a social insurance number in Canada. The social insurance number of the Canadian citizens and landed immigrants are identical. We recommend that this arrangement be extended to Convention refugees. The fact that their social insurance number starts with 9 identifies them as refugees, leaving some room for their discrimination in terms of employment.
Article 10
The Canadian Centre for Victims of Torture (CCVT) is pleased with the Canadian government's special attention to the protection of families. In the upcoming amendment to Immigration Act (Bill C-11) there are provisions about broadening the definition for family class and facilitation of the process of family reunification. There is also reference to better treatment of children and compliance with the UN Convention on the Rights of the Child. The Bil's provision for increasing the current age limit for dependent children will, in our opinion, facilitate family reunification in the future.
Despite all this, we believe that Canada has a long way to go in terms of family reunification of Convention refugees and landed immigrants. The dilemma of family separation for this group of vulnerable people results from the fact that one or more members of a family are stuck here in Canada (because they cannot go back due to a well-founded fear of persecution), while the other members are unable to come to Canada due to lack of visas. This makes both sections of the separated family waiting desperately in a state of hope and despair.
Convention refugees can sponsor their spouses right after their acceptance. Processing of the landed application will continue simultaneously in Canada and in the country of residence of the spouse. Any kind of delay in either place will postpone landing for both sections of the separated family. A structural problem comes from the fact that, in some countries, there is no Canadian embassy or visa post. In the whole of Africa, for instance, there are only 4 Canadian visa posts. There is also the problem of red tape and bureaucracy that should be addressed consistently by the government.
Article 11
Please refer to our observations with regards to article 7.
Article 13
The Federal government of Canada has demonstrated its willingness "to recognize the right of everyone to education." There is, however, a big gap in the implementation of this right when it comes to children of Convention refugees, refugee claimants and children with no status. We have had cases of children of CCVT clients who were refused registration in schools because of their status. There must be collaboration among 3 levels of government in Canada to guarantee children's universal right to education. We also recommend that the Canadian government allocate more financial resources for higher education. The qualities of education in universities is becoming lower and lower with serious financial difficulties for students to continue. We also recommend that Heritage Canada and other departments allocate more technical as well as financial resources to ensure the "the religious and moral education" of visible minorities "in conformity with their own convictions."
(For the full text of this report, please contact CCVT at (416) 363-1066 or email the Executive Director)
Ezat Mossallanejad is the Policy Analyst for the Canadian Centre for Victims of Torture
Email: ezat@ccvt.org
