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Request for Federal Government Action on BC's Cuts, Human Rights Violations Read the Entire Submission to the UN CESCR Letter to Minister of Foreign Affairs | Letter to Senate Committee on Human Rights | Write to Minister Graham and Senator Andreychuk Letter to the Honourable Bill Graham, Minister of Foreign Affairs March 12, 2002 The Honourable Bill Graham, Minister of Foreign Affairs Lester B. Pearson Building, Tower “A” 10th Floor, 125 Sussex Drive Ottawa, Ontario K1A 0G2 Dear Minister, We are writing as advisors to a coalition of non-governmental organizations that deal with social rights issues, and issues of poverty, in the province of British Columbia. These organizations are signatories to a letter dated February 11, 2002 addressed to the United Nations Committee on Economic, Social and Cultural Rights (CESCR). The letter requests the CESCR to give urgent attention to a massive assault on the social and economic rights of the poorest people by the Government of British Columbia. We faxed a copy of this letter to you on March 1, 2002 with a covering note. The Government of British Columbia has announced that it will cut rates for social assistance recipients, narrow the rules governing eligibility for social assistance, and eliminate legal aid for poverty law matters. These cuts to welfare and legal aid services bring Canada, as a State party to the International Covenant on Economic, Social and Cultural Rights (ICESCR), into direct conflict with its obligations under this Covenant. The Committee on Economic, Social and Cultural Rights noted in its 1998 Concluding Observations on Canada (E/C.12/1/Add.31) at para. 12 that Canada took the position that our federal system presents obstacles to the implementation of the Covenant. However, during the review process in 1998, Committee members expressed some impatience with Canada’s apparent failure to find methods and mechanisms for ensuring that all levels of government are aware of their treaty obligations and discharge them. Article 28 of the ICESCR provides that the Covenant extends to all parts of federal States without any limitations or exceptions. Nonetheless, Canada has no existing intergovernmental mechanism for reviewing the treaty and the Concluding Observations of the Committee and for devising joint, collaborative steps that can be taken to ensure State-party wide compliance. Government of Canada representatives who appear before the Committee on behalf of Canada tend to disavow any responsibility for non-complying conduct of a province or territory. In light of this, in 1998 the Committee urged the Government of Canada “to take concrete steps to ensure that the provinces and territories are made aware of their legal obligations under the Covenant and that the Covenant rights are enforceable within the provinces and territories through legislation or policy measures and the establishment of independent and appropriate monitoring and adjudication mechanisms” (para. 52). Clearly, the Committee is looking to the Government of Canada to provide leadership. To our knowledge, no steps have been taken to implement these recommendations, and the most vulnerable groups in British Columbia are at risk. Further, the repeal of the Canada Assistance Plan Act, which set standards for the provision of social assistance, and provided for the cost-sharing of civil legal aid, has left a vacuum. The Social Union Framework Agreement has not been made to function as an effective vehicle for designing and implementing standards for social programs and services which would ensure that residents in all parts of Canada enjoy the social and economic rights which Canada has agreed to respect, protect and fulfill. There is no other vehicle for monitoring and ensuring compliance. It is clearly not satisfactory in the view of CESCR for the Government of Canada to conduct itself as though it has no responsibility for State party-wide compliance with its international human rights obligations. Nor is it satisfactory in the view of the non-governmental organizations which have written to CESCR. Canada prides itself on being a leader with respect to human rights, and urges other countries to sign human rights treaties and to live up to the human rights undertakings they have made. To be a genuine leader, Canada must show itself to be a model in deed, not just in word, particularly when the rights of the most vulnerable people are at stake. The non-governmental organizations make the following requests: 1) that the Government of Canada, which is currently facilitating the preparation of Canada’s 4th report for the United Nations Committee on Economic, Social and Cultural Rights, request the Government of British Columbia to report specifically on its planned changes to social assistance and legal aid and to explain how they comply with its obligations under the ICESCR, particularly in light of the Committee’s 1993 and 1998 Observations;The non-governmental organizations that are signatories of the letter to CESCR are: federated anti-poverty groups of B.C., End Legislated Poverty, United Native Nations, B.C. Human Rights Coalition, B.C. Coalition of Persons with Disabilities, Seniors Network B.C., Alliance for the Rights of Children, Justice for Girls, B.C. Coalition of Women’s Centres, Social Planning and Research Council of B.C., Working Group on Poverty, and West Coast LEAF Association. We would appreciate being fully informed of your communications on this subject with the Government of British Columbia and with CESCR. Please contact the undersigned Directors of the Poverty and Human Rights Project. Thank you for your attention. Yours sincerely, Shelagh Day and Gwen Brodsky
Letter to Senator Raynell Andreychuk, Chairperson of the Senate Committee on Human Rights March 12, 2002 Senator Raynell Andreychuk Chairperson Senate Committee on Human Rights The Senate of Canada Ottawa, Ontario K1A 0A4 Dear Senator, Enclosed please find a copy of a letter to the Honourable Bill Graham, Minister of Foreign Affairs, and a copy of a letter to Virginia Dandan, Chair of the United Nations Committee on Economic, Social and Cultural Rights (CESCR). Both letters concern recent actions by the Government of British Columbia that bring it into conflict with its obligations under the International Covenant on Economic, Social and Cultural Rights (ICESCR). The cuts and changes to social services which the Government of British Columbia has announced provide concrete illustration of the harms caused to the most vulnerable people when there are no mechanisms for ensuring State party–wide compliance with Canada’s international human rights treaty obligations. It seems unfortunate that the only obvious forum for exploring this human rights problem lies outside the country, with the United Nations treaty bodies. We applaud the Senate Human Rights Committee for the interest it has taken in Canada’s compliance with its international human rights obligations. We read with great interest your Committee’s first report, and the background papers. In our view, the Senate Human Rights Committee could make a significant contribution to the advancement of human rights were it to hold hearings that examined more specifically the possible mechanisms that could be used to monitor and ensure compliance with ICESCR rights. The experience of vulnerable groups in B.C. reveals that this is a matter of urgency. It is Canada’s poorest people (among whom women, Aboriginal people, recent immigrants, people of colour, and people with disabilities figure disproportionately) who are hit hardest by legislative and policy choices that fail to honour social and economic rights. These people need the Committee’s assistance to ensure that they can enjoy and exercise their rights. Thank you for your attention to this matter. Yours sincerely, Shelagh Day and Gwen Brodsky Cc: Senator Lois Wilson, Senator Mobina Jaffer
Write to Minister Graham and Senator Andreychuk Please help us in our work to help the most vulnerable people in British Columbia. Write in support of our request for Federal Government action on Human Rights in BC. Ask that BC be held accountable for Human Rights non-compliance: Honourable Bill Graham Minister of Foreign Affairs Fax: (613) 996-9607 Email: Graham.B@parl.gc.ca Request Senate hearings on Human Rights compliance: Senator Raynell Andreychuk Chair, Senate Committe on Human Rights E-mail: andrer@sen.parl.gc.ca Read the Entire Submission to the UN CESCR |
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