It is rather simplistic to suggest that
protecting citizens is the
essence of sovereignty as the Globe does
in its Editorial "Mexico's
good fight", October 21st. A key element
of sovereignty in
international law is the ability of a
State to enter into agreements
with other States. Ensuring the human
rights of everyone on the
territory, not just citizens, is then a
consequence of the agreements -
such as obligations under treaties like
the UN Covenant on
Civil and Political rights or such as
membership agreements in the UN
and OAS. In discharging its obligations
under a treaty such as the 1951
Convention relating to the status of
refugees, Canada will find persons
from a range of countries to be refugees -
some may be from Mexico.
The
Globe's implication that there is a
possible problem with an extended
refugee definition is unfounded. The UN
Covenant on Civil and Political
Rights and the UN Convention against
Torture may require Canada to
protect some additional persons. Canada
& Mexico are both members
of the Executive Committee guiding the UN
High Commissioner for
Refugees which adopted "Conclusions"
expressing agreement with such
extended protection. (See 1 below)
The Globe & Mail notwithstanding,
Canada has not declared "Mexico
incapable of looking after its people" by
fulfilling its own
obligations under the 1951 Convention and
other treaties. The
Inter-American Commission on Human Rights
has pointed out that the
application of the 1951 Convention is a
means of granting the right to
seek and receive asylum - a right which
both Canada and Mexico have
promised to offer. (See Note 2
below) Allowing persons to enjoy
rights promised by both Canada and by
Mexico cannot be regarded as
critical of Mexico and it's efforts to
ensure those rights, including
the right to life, liberty and security of
person, for everyone on its
territory. The UN Declaration on
Territorial Asylum makes it
explicit that a grant of asylum is not an
unfriendly act. (See Note 3
below)
While it is appropriate for the editors of
the Globe & Mail to give
Canadians their views on refugees from
Mexico, Canadians deserve
greater precision in remarks about
international law and the protection
of persons and their rights.
Notes:
1. Conclusion No. 73 (XLIV) – 1993 –
Refugee Protection and Sexual
Violence; No. 79 (XLVII) – 1996 "...(j)
Reaffirms the fundamental
importance of the principle of
non-refoulement, which prohibits
expulsion and return of refugees, in any
manner whatsoever, to the
frontiers of territories where their life
or freedom would be
threatened on account of their race,
religion, nationality, membership
of a particular social group or political
opinion, whether or not they
have formally been granted refugee status,
or of persons in respect of
whom there are grounds for believing that
they would be in danger of
being subjected to torture, as set forth
in the Convention against
Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment;
..." and No. 81 (XLVIII) – 1997 "...(i)
Recognizes the fundamental
importance of the principle of
non-refoulement, which prohibits
expulsion and return of refugees in any
manner whatsoever to the
frontiers of territories where their lives
or freedom would be
threatened on account of their race,
religion, nationality, membership
of a particular social group or political
opinion, whether or not they
have formally been granted refugee status,
or of persons in respect of
whom there are substantial grounds for
believing that they would be in
danger of being subjected to torture, as
set forth in the 1984
Convention against Torture and Other
Cruel, Inhuman or Degrading
Treatment or Punishment; ..."
2. American Declaration of Rights and
Duties of Man Article XXVII:
"Every person has the right, in case of
pursuit not resulting from
ordinary crimes, to seek and receive
asylum in foreign territory, in
accordance with the laws of each country
and with international
agreements."
3. "Recognizing that the grant of
asylum by a State to persons
entitled to invoke article 14 of the
Universal Declaration of Human
Rights is a peaceful and humanitarian act
and that, as such, it cannot
be regarded as unfriendly by any other
State..."
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