Why Has Canada Still Not Signed the UN's Optional Protocol on Torture? | HuffPost

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Canada, along with other democratic nations, is against mob rule. So why is it so difficult for Canada to ratify a document that ensures the type of horrific actions perpetrated by these groups -- including torture -- are stamped out? What is preventing Canada from fulfilling its commitment to ratify the Optional Protocol to the UN Convention against Torture?

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Journalist & Communications Director at the National Council of Canadian Muslims

Journalist & Communications Director at the National Council of Canadian Muslims

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Canada, along with other democratic nations, is against mob rule. That's essentially what groups like ISIS and their ilk, of various faith denominations and political persuasions, represent. These groups have no time for the rule of law, human rights, or internationally recognized rules of engagement.

Their words and deeds are in direct contradiction with the principles that Canada, and its coalition partners, claim to be defending whenever launching military action to stop their spread. So why is it so difficult for Canada to ratify a document that ensures the type of horrific actions perpetrated by these groups -- including torture -- are stamped out? What is preventing Canada from fulfilling its commitment to ratify the Optional Protocol to the UN Convention against Torture?

The Optional Protocol, adopted over 12 years ago, allows for the establishment of national and international systems for inspecting detention centres where torture often takes place in a shroud of secrecy. Canada promised to ratify the protocol in 2006 and 2009 but has yet to follow through on its pledge.

We know that organizations like Amnesty International have documented widespread torture in 141 countries. We also now know that America's intelligence community has been complicit, itself using torture against foreign nationals in what represents egregious human rights violations. We know too that Canadians have been caught up in this nightmarish dragnet.

Canada's credibility is severely compromised if its government says it is committed to the rule of law on the one hand, but takes little concrete steps to promote it elsewhere. See no evil, hear no evil is a dangerous policy that endangers Canadians. Several of our citizens remain imprisoned in countries where torture is endemic. Journalist Mohamed Fahmy remains in an Egyptian cell with two other media colleagues; Bashir Makhtal is still in an Ethiopian jail after eight years of failed government promises to bring him home; and Huseyin Celil continues to serve a life sentence in a Chinese jail following a discredited court trial.

Is it possible that the Canadian government is concerned that ratifying this Optional Protocol will bring its own practices under greater scrutiny? It remains unclear exactly what federal officials and leaders knew about the torture of detained Afghans handed over by Canadian Forces to local prison personnel. Additionally, Canada's cooperation with U.S. security agencies led directly to the deportation and torture of one of its own, Maher Arar. And while Arar received an apology and compensation, there are still several Canadians with similar experiences awaiting justice.

Recommendations following public inquiries into these detentions included better oversight of Canada's security agencies. Those recommendations remain ignored. Furthermore, several ministerial directives in recent years have explicitly allowed Canada's security agencies and military to share their own information with governments that may subsequently use that information to torture people.

It is contradictory for Canada's foreign minister to say that Canada does not itself engage in torture, and yet exchange information with governments that might. Besides, it's clearly understood that such information has very questionable value.

So is it the government's poor record on these related issues that is behind the failed promise to ratify the protocol?

Or is it our national policies around solitary confinement in Canadian prisons that are giving this government pause? These practices may also come up short when measured up against international norms. Retired Supreme Court Justice Louise Arbour recently called the policy on solitary confinement a "barbaric cultural practice," alluding to a similarly named bill purportedly aimed at saving women and girls.

Whatever the reasons, nothing can justify the shirking of responsibilities of such global magnitude.

If this government is truly against mobs and their undemocratic and barbaric practices, it needs to prove it, and not just on the battlefield. To quote an open letter sent to the Prime Minister by a host of civil society groups, this issue has become about leadership and political will.

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Politicians React To CIA Torture Report

Sens. Mitch McConnell (R-Ky.) and Saxby Chambliss (R-Ga.)(01 of15)

“As we have both stated before, we are opposed to this study and believe it will present serious consequences for U.S. national security. Regardless of what one’s opinions may be on these issues, the study by Senate Democrats is an ideologically motivated and distorted recounting of historical events. The fact that the CIA’s Detention and Interrogation program developed significant intelligence that helped us identify and capture important al-Qa’ida terrorists, disrupt their ongoing plotting, and take down Usama Bin Ladin is incontrovertible. Claims included in this report that assert the contrary are simply wrong.” (credit:ASSOCIATED PRESS)

President Barack Obama(02 of15)

"Today’s report by the Senate Select Committee on Intelligence details one element of our nation’s response to 9/11—the CIA’s detention and interrogation program, which I formally ended on one of my first days in office. The report documents a troubling program involving enhanced interrogation techniques on terrorism suspects in secret facilities outside the United States, and it reinforces my long-held view that these harsh methods were not only inconsistent with our values as nation, they did not serve our broader counterterrorism efforts or our national security interests. Moreover, these techniques did significant damage to America’s standing in the world and made it harder to pursue our interests with allies and partners. That is why I will continue to use my authority as President to make sure we never resort to those methods again." (credit:ASSOCIATED PRESS)

Sen Mark Udall (D-Colo.)(03 of15)

"We can protect our national security without compromising who we are as Americans. This landmark study — and the millions of pages of agency documents and testimony it is based upon — shows that torture is not effective and does not make us safer." (credit:ASSOCIATED PRESS)

Sen. Debbie Stabenow (D-Mich.)(04 of15)

“The revelations contained in this report are truly horrifying, and I appreciate my colleagues’ work to make sure the American people finally know the truth. Torturing people not only violates our laws, it violates our country’s most basic values. This dark period in our history and the grave errors in judgment made by key leaders in our government must never be repeated.” (credit:ASSOCIATED PRESS)

Sen. Angus King (I-Maine)(05 of15)

“Despite the unquestionable professionalism of the vast majority of CIA personnel, the study demonstrates that the detention and interrogation program was mismanaged, that some within the leadership of the CIA actively impeded congressional oversight, and that agency officials misrepresented the program’s effectiveness." (credit:ASSOCIATED PRESS)

Sen. Susan Collins (R-Maine)(06 of15)

“I joined the Senate Intelligence Committee after this report was completed, and I share concerns about the process for developing it. However, the report raises serious concerns about the CIA’s management of this detention and interrogation program and the treatment of certain detainees. Torture is wrong and fundamentally contrary to American values. The report should be made public to allow the American people to reach their own conclusions and to make sure lessons are learned from the mistakes made so that they never happen again.” (credit:ASSOCIATED PRESS)

Sen. Sheldon Whitehouse (D-R.I.)(07 of15)

“After years of effort and millions of documents reviewed, the Senate report at last lays out in painstaking detail how the CIA under President Bush and Vice President Cheney turned down the dark path to torture, and then to cover its tracks misled Congress and executive officials about the efficacy of the torture program. These are hard facts to face as Americans, but it’s important that the facts be known. Chairman Feinstein and our Intelligence Committee staff deserve our country's deep appreciation for their extraordinary efforts.” (credit:ASSOCIATED PRESS)

Sen. Harry Reid (D-Nev.)(08 of15)

"This is how we, as Americans, make our nation stronger. When we realize there is a problem we seek the evidence, we study it, we learn from it, and then we set about to enact change. Americans must learn from our mistakes – as we did with the Pentagon papers, the Iran-Contra affair, and more recently, Abu Ghraib. I believe that the United States can protect our national security without resorting to methods, like torture, that are contrary to our fundamental values. I call upon the Administration, the Intelligence Community, and my colleagues in Congress to join me in that commitment." (credit:ASSOCIATED PRESS)

Secretary of State John Kerry(09 of15)

Release of this report affirms again that one of America's strengths is our democratic system’s ability to recognize and wrestle with our own history, acknowledge mistakes, and correct course. This marks a coda to a chapter in our history. President Obama turned the page on these policies when he took office and during week one banned the use of torture and closed the detention and interrogation program. It was right to end these practices for a simple but powerful reason: they were at odds with our values. They are not who we are, and they're not who or what we had to become, because the most powerful country on earth doesn't have to choose between protecting our security and promoting our values. (credit:ASSOCIATED PRESS)

Sen. Marco Rubio (R-Fla.)(10 of15)

"Those who served us in aftermath of 9/11 deserve our thanks not one sided partisan Senate report that now places American lives in danger." (credit:ASSOCIATED PRESS)

Sen. Chris Murphy (D-Conn.)(11 of15)

"Torture, covert wars, and illegal surveillance more often than not harm, not enhance, our national security. America cannot be the world’s leader on civil liberties and human rights if our actions don’t match our rhetoric. When this gulf exists between what we claim to stand for, and what the world sees us do, it creates bulletin board material for extremist groups in their effort to recruit against us." (credit:ASSOCIATED PRESS)

Sen. Jay Rockefeller (D-W.Va.)(12 of15)

“The CIA developed the Detention and Interrogation Program in a time of great fear, anxiety and unprecedented crisis; but it is at these times of crisis when we need sound judgment, excellence, and professionalism from the CIA the most. When mistakes are made, they call for self-reflection and scrutiny. For that process to begin, we first have to make sure there is an accurate public record of what happened. The public release of the Executive Summary and Findings and Conclusions is a tremendous and consequential step toward that goal.” (credit:ASSOCIATED PRESS)

Sen. Tom Udall (D-N.M.)(13 of15)

“The release of today's report has been controversial, but it's an important step forward in addressing a stain on our nation’s history. While we can understand the intelligence community’s desire to prevent another attack, a civilized nation should never resort to torture in the name of security. My hope is that this report informs future generations of Americans and ensures that we never undertake programs like this again.” (credit:ASSOCIATED PRESS)

Rep. Jerry Nadler (D-N.Y.)(14 of15)

“As these acts are violations of both American law and morality, we must hold those accountable and prevent such abuses from happening in the future." (credit:Andrew Burton via Getty Images)

Rep. Gregory Meeks (D-N.Y.)(15 of15)

“To those who question whether the release of this report threatens our national security, I have but one thing to say: Living up to the core principles and beliefs that make this country great is in our national interest. It is only by building international credibility with the rest of the world that we will ever be confident about our national security here at home.” (credit:Bill Clark via Getty Images)

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