Vol. 13  No. 2  Oct. 17, 2003  Next Issue: Oct. 31, 2003
A publication of Carleton University's School of Journalism
Front Page :: Opinion
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Taking a stand for Canadians abroad
This is the lobby of the Depar\ment of Foreign Affairs and International Affairs building which displays flags from around the world
The Department of Foreign Affairs has consular offices to assist Canadians overseas in more than 180 countries.

OTTAWA  | 

After three years in a Saudi jail on questionable charges, a Canadian citizen was released and not executed. That is "proof that our system worked" says Foreign Affairs Minister Bill Graham.

Many disagree.

William Sampson - a Canadian and British citizen who faced the death penalty - has told his story of torture and abuse at the hands of Saudi officials.

But, that wasn't enough to persuade the Canadian government to send the Saudi ambassador home, even temporarily.

It's the latest example of how foreign governments violate the rights of Canadians without a tough diplomatic response from the Canadian government.

Ask the wife of Mahar Arar. She and her two children were recently reunited with their father (a Canadian and Syrian citizen), after he was arrested in New York and returned to Syria where he was jailed in without any charge for almost a year.

In that case as well, there was no diplomatic retaliation from Ottawa.

The Department of Foreign Affairs and International Trade says it handled 1,840 cases of Canadians being arrested or detained overseas last year. Of these, three-quarters were in the United States and mostly involved the possession of drugs.

The problems of dual citizenship

It is important for Canadians to recognize the risks inherent in travelling abroad.

About three million Canadians were born abroad and since 1977, foreign-born Canadians no longer have to renounce their previous citizenship to become Canadians.

The problem is that many countries do not recognize dual citizenship. So, if a Canadian holding citizenship in one country visits that country, by law, he or she will be treated as a national of that country.That means, for some, a vacation can turn into jail time, or a three-year hitch in a foreign army.

One way this can be avoided is through bilateral agreements between Canada and other countries. These agreements establish that Canadians with citizenship in another country will be treated as Canadian citizens if they enter that country on their Canadian passport. Canada has such an agreement with China.

'The problem is that many countries do not recognize dual citizenship.'

Canadians are protected under the Vienna Convention on Consular Relations. Countries are required to allow open communication between citizens of other countries who may be detained and diplomats from their home country.

Countries are also required to promptly notify the embassy or consulate of a country if one of its nationals is arrested or detained.

But there is a difference between what treaties may say and what happens in practice. In the cases of Bruce Balfour (a Canadian missionary accused in Lebanon of spying for Israel) and Zahra Kazemi (the Montreal photojournalist killed in Iran) Canada was not informed.

What explains the government’s passive approach to dealing with such regimes?

Playing softball with tyrants?

The Liberal government has been influenced by what the international relations community calls the ‘soft power’ approach to foreign relations.

This school of thought - referred to as the Axworthy doctrine (named for former foreign affairs minister Lloyd Axworthy) - promotes respect for human rights by influence, rather than coercion. It plays up negotiation and diplomacy and downplays force and sanctions.

We should always try to exhaust diplomacy before taking action, but we must recognize that it is sometimes naïve to believe that regimes that maintain power through force and terror will be swayed by diplomatic niceties.

'Soft diplomacy’ has its limits when confronting tyrants.

Consequences

It’s rare for the NDP and the Canadian Alliance to agree on anything but Alexa McDonough and Stockwell Day - foreign affairs critics for their respective parties - have been unambiguous in calling for Bill Graham to show Syria and Iran that Canada means business in ensuring justice for Canadians.

Day says that only "very public, concentrated pressure intended to embarrass" will lead to respect from such regimes and more often than not, concessions.

'We should be prepared to "use our economic and trade leverage" to ensure fair treatment of the accused and their return to Canada.'

In the case of William Sampson, Day pushed for the Saudi ambassador to be sent home. For Zahra Kazemi, Day says diplomatic ties should have been cut with Iran until Kazemi’s body was returned to Canada.

Irwin Cotler, a Liberal MP from Montreal and human rights lawyer, is not too far off the mark when he calls for concrete ways to pressure these regimes.

Cotler proposes that Canada apply full pressure on any regime where evidence exists that Canadian citizens have not received a fair trial or have been tortured. Cotler also says that Canada must insist on regular visits to Canadian prisoners by consular officials as well as by the Red Cross to prevent abuse.

Lastly, Cotler calls for tough consequences for these regimes.

We, he says, should be prepared to "use our economic and trade leverage" to ensure fair treatment of the accused and their return to Canada.

As an example, he says that Canada could reconsider authorizing an agreement between Shell, Petro-Canada and the Syrian government to drill for oil in Syria. Petro-Canada, he says, currently purchases nearly one-fifth of Syria’s 100,000 barrels per day of oil production.

That could have influenced Syria to release Maher Arar sooner.

All of these tough reponses have one thing in common: they produce real consequences in the real world for the offending country.

After all, there's only so many times you can tell the school bully that you disagree with what he's doing before you have to take action.

Related Links


Opens in a new window Information about dual citizenship

Opens in a new window Advocacy group for people detained overseas

Opens in a new window Canada's relationship with other countries

 


Catherine Sobocan

Editor's Note

Move over racism, sexism and ageism. After years of prominence in the news, other sociological matters have moved to the forefront. How to handle pesky telemarketers, putting a stop to psychological harassment in the workplace and online fraud are some of today’s more pressing issues.

In this issue of Capital News Online we explore some of the moves being made toward increasing our personal protection. Stacy O’Brien reports on a Bloc Quebecois MP's private member’s bill aimed at putting a stop to negative remarks, gossip and gestures deemed inappropriate in the workplace. A fine of $10,000 for those found guilty of psychological harassment is part of Diane Bourgeois proposal.

Other bills and motions in the name of personal protection are also on the table. Alliance MP James Moore wants to have so-called ‘date rape’ drugs classified as weapons instead of illegal substances. In an interview with Louise Brown, Moore explains how his proposal would ensure jail time for the guilty.

There are even new methods in place to do our own policing . Michelle Astill reports on a new program from the Royal Canadian Mounted Police called Reporting Economic Crime On-Line that encourages Canadians to make fraud complaints from home.

In the US, lawmakers heard the complaints against unwanted phone calls from telemarketers, deemed by many to be an invasion of privacy. A do-not-call law is now in force. A similar movement is underway in Canada. The Canadian Radio-television and Telecommunications Commission is expected to announce telemarketing regulations by the end of the year. Our reporter Peter Koven spoke to government officials and visited a call centre.

Credits

Managing Editor
Catherine Sobocan

Production Editor
Alexis Kazanowski

Photo Editor
Alexis Kazanowski

Connections Producer
Jen Skerritt

News Editors
Jennifer Pak
Abigail Martinez

Personal protection issues stretch far north. In Nunuvit sexually transmitted infections are reaching epidemic levels. Michelle Catton reports that the rate of genital chlamydia in is more than 16 times the national average, and that of gonorrhea is 13 times higher. The prevalence of syphilis, a believed precursor to HIV/AIDS, is greater in the Far North than anywhere else in Canada. Health organizations are pressuring the federal government for culturally specific education to counter the problem.

Our columnist, Joseph Quesnel, takes a more international approach in exploring the personal protection of Canadians. William Sampson — a 44-year-old dual British and Canadian citizen working for a Saudi company, spent close to three years in a Saudi jail with little intervention from Ottawa. He was sentenced to death at a secret trial for allegedly taking part in car bombings in Riyadh in Decmeber 2000.

Now free, he says he was forced to make a false confession after police hung him upside down, kept him awake for more than a week and threatened to harm his family. Sampson says the Canadian government backed down on helping him get out, when Saudi Prince Abdullah canceled a trip to Canada because Ottawa dared to question his regime. Quesnel questions Ottawa on its handling of this and other cases.

Also in this issue we consider Canadians who’ve suffered trauma overseas. This year marks the 50th anniversary of the end of the Korean War and Jill McCormick reports on veterans who believe they have yet to receive full recognition from Ottawa for their service. The Korean Veterans Association of Canada, wants the federal government to recognize a service medal awarded to them by Syngman Rhee, South Korean president during the war.

Our Connections team tackled a cultural issue: our identity as Canadians. How do we define Americans? How do they define us? How do we define ourselves? We went north and south of the border to find out.

For anyone looking to travel south, reporter Karie Dufour has a hot story. The Caribbean islands of Turks and Caicos are once again being touted as a possible addition to Canada. She updates us.

And lastly, Canada’s capital region hopes to soon be the location for American filmmakers who want to head north. The Ottawa-Gatineau Film Development office officially opens at the end of the month. Alissa Von Bargen stirs our creative juices in her story on how Ottawa could soon be in the movies.

Enjoy!

Catherine Sobocan,
Managing Editor

 

Letters to the editor

Travels with Adrienne

I was leaving Russia at the end of a vacation the day the Governor General arrived.

Having talked to a number of people in Russia about the preparations made for Adrienne Clarkson’s trip, I got the impression that not only did Capital News Online do homework with respect to a broad range of issues, the reporters also took a thorough and intelligent approach to Canada/Russian relations.

If everyone were this well prepared, not only with respect to bilateral relations, but also with the environment, aboriginal issues, energy, cultural exchanges and international development, we’d be getting a bargain for our tax dollars.

Why haven’t I heard these questions in the press?

Was one million dollars too much to pay for Clarkson’s trip?

What are Canada’s interests in Russia?

Do we want co-operation in safeguarding nuclear materials and weapons? Do we want improved trade relations? Do we want to share cold climate technologies?

Bob Thomson,
Ottawa

Kudos for Cap News

Capital News Online is a great site. It has a lot of information delivered in a concise and objective manner with articles that I wouldn’t find elsewhere.

Laura Armitage,
Thunder Bay

 

Vienna Convention on Consular Relations
Ratified April 24, 1963

Article 36

COMMUNICATION AND CONTACT WITH NATIONALS OF THE SENDING STATE

1. With a view to facilitating the exercise of consular functions relating to nationals of the sending State:

(a) consular officers shall be free to communicate with nationals of the sending State and to have access to them. Nationals of the sending State shall have the same freedom with respect to communication with and access to consular officers of the sending State;

(b) if he so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner;

(c) consular officers shall have the right to visit a national of the sending State who is in prison, custody ordetention, to converse and correspond with him and to arrange for his legal representation. They shall also have the right to visit any national of the sending State who is in prison, custody or detention in their district in pursuance of a judgment.

Nevertheless, consular officers shall refrain from taking action on behalf of a national who is in prison, custody or detention if he expressly opposes such action.

Article 42

NOTIFICATION OF ARREST, DETENTION OR PROSECUTION

In the event of the arrest or detention, pending trial, of a member of the consular staff, or of criminal proceedings being instituted against him, the receiving State shall promptly notify the head of the consular post.

Should the latter be himself the object of any such measure, the receiving State shall notify the sending State through the diplomatic channel.

Source: International Law Commission


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