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PBI-Canada to monitor 10th session of Binding Treaty that aims to protect the safety of human rights defenders

By
Brent Patterson
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Photo: Bertha Zúñiga Cáceres, the general coordinator of the PBI-Honduras accompanied Civic Council of Popular and Indigenous Organizations of Honduras (COPINH), is part of the campaign supporting the creation of a Binding Treaty.

The 10th session of the Open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights (OEIGWG) is now scheduled to take place December 16-20, 2024. It was originally to take place October 21-25, 2024, but the Mission of Ecuador has unilaterally changed the date.

OPEN LETTER to the Permanent Mission of Ecuador to the United Nations.

PBI support for a Binding Treaty

Peace Brigades International (PBI) has long supported the OEIGWG negotiating a Binding Treaty on business and human rights.

This past June, PBI-Switzerland highlighted at a session of the United Nations Human Rights Council in Geneva:

“The Guiding Principles, being voluntary, do not impose obligations on companies or investors. The working group, in its report, highlights the need for a legislative framework to regulate investors. PBI, as part of the Global Campaign, emphasizes the need for a binding international instrument according to resolution 26/9, which establishes effective mechanisms of legal accountability for transnationals and access to justice for affected communities.”

A recent draft of the Binding Treaty (as of July 2023) states:

“The States Parties to this (Legally Binding Instrument),

Emphasizing that civil society actors, including human rights defenders, have an important and legitimate role in promoting the respect of human rights by business enterprises, and in preventing, mitigating and in seeking effective remedy for business related human rights abuses, and that States have the obligation to take all appropriate measures to ensure an enabling and safe environment for the exercise of such role;

Have agreed as follows:

6.2. State Parties shall adopt appropriate legislative, regulatory, and other measures to:

(d) promote the active and meaningful participation of individuals and groups, such as trade unions, civil society, non-governmental organizations, indigenous peoples, and community-based organizations, in the development and implementation of laws, policies and other measures to prevent the involvement of business enterprises in human rights abuse.

6.4. Measures to achieve the ends referred to in Article 6.2 shall include legally enforceable requirements for business enterprises to undertake human rights due diligence as well as such supporting or ancillary measures as may be needed to ensure that business enterprises while carrying out human rights due diligence:

(e) protect the safety of human rights defenders, journalists, workers, members of indigenous peoples, among others, as well as those who may be subject to retaliation…”

Logo of the Global Campaign that includes as its members Peace Brigades International, Colectivo de Abogados José Alvear Restrepo – CCAJAR, and the Comision Interclesial de Justicia y Paz, Colombia.

Canadian opposition to the Binding Treaty

On a PBI-United Kingdom webinar in July 2020, PBI-Colombia accompanied Yessika Hoyos from the Jose Alvear Restrepo Lawyers Collective (CCAJAR) commented: “Many companies together with states have been blocking this issue.”

Following the 6th session in October 2020, the Global Campaign of 250 social movements supporting the Binding Treaty highlighted: “the countries whose economies rely heavily on transnational corporations with overseas operations who have always opposed this UN process, such as the United States, Japan, Canada and Australia.”

In October 2021, just prior to the 7th session, Ana María Suárez of FIAN International, stated that the US, which had boycotted the process along with Canada, Australia and New Zealand up until then, announced it would be participating in the meeting.

Significantly, in March 2022, the Canadian Network on Corporate Accountability (CNCA) wrote to Canada’s foreign affairs minister to note concern that at the October 2021 session Canada endorsed a US initiative to “explor(e) alternative instruments, binding or non-binding” as an alternative to the current UN Binding Treaty.

And in October 2023, Via Campesina noted: “The countries who have not engaged or directly reject and have tried to stop the process are the United States, Japan, Canada and Australia, as well as other highly industrialized countries with a high number of TNCs [transnational corporations] headquartered in their territories.”

Peter MacDougall became the new Permanent Representative of Canada to the United Nations Office at Geneva on August 26, 2024.

Upcoming webinars

On October 3 at 8 am ET, we will tune into this webinar organized by the Business & Human Rights Resource Centre. You can register for this webinar by clicking here.

And stay-tuned for more on a webinar Peace Brigades International-Canada is planning that will link the Binding Treaty process with the language needed to protect human rights defenders in other upcoming processes, mostly notably the COP16 Biodiversity conference that will take place in Cali, Colombia (October 21 to November 1) and the COP29 Climate conference in Baku, Azerbaijan (November 11-22).

PBI-Colombia accompanies CAHUCOPANA at meeting prior to COP16 that could strengthen protection for defenders

By
Brent Patterson
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The PBI-Colombia accompanied Humanitarian Action Corporation for Coexistence and Peace in Northeast Antioquia (CAHUCOPANA) has posted:

“Now in Bogota. Cahucopana Nordeste participates in the capital of Colombia in the meeting prior to #COP16 #PeaceWithNature, highlighting the importance of biodiversity in the territories #SerraniaSanLucas to advance towards #Peace.”

The United Nations COP16 Biodiversity conference will take place this coming October 21 to November 1 in Cali, Colombia.

The Ministry of Environment and Sustainable Development has also posted:

“The spaces for participation continue #TowardCOP16, the COP of the people! The #PeaceWithNature and Environmental Justice meeting is taking place in Bogotá, a dialogue to propose strategies to strengthen the capacity of defenders in the protection of human rights in Colombia and Latin America.

In this meeting, environmental leaders from Colombia, Ecuador, Honduras, Venezuela, Peru, Paraguay, Bolivia, Guatemala and El Salvador, who will share their regional perspectives and consolidate their contributions to the COP16 Colombia agenda.

The main themes of this meeting are: Implementation of the Escazú Agreement. Human Rights of Environmental Defenders: Target 22 of the Kunming-Montreal Framework. Extractive Economies and violent contexts in relation to environmental leaderships.”

The Ministry of Environment and Sustainable Development social media post includes the photo above to which Yuli Andrea Velasquez of the Federation of Artisanal, Environmental and Tourist Fishermen of Santander (FEDEPESAN) comments: “FEDEPESAN PARTICIPATES, AND SHARES EXPERIENCE AND STRUGGLE IN OUR TERRITORY.”

FEDEPESAN is accompanied by the Regional Corporation for the Defence of Human Rights (CREDHOS), that is in turn accompanied by PBI-Colombia.

Photo of Carlos Morales (CAHUCOPANA) and Yuli Andrea Velasquez (FEDEPESAN) by the Embassy of Switzerland in Colombia.

Target 22

COP16 has the potential to build on Target 22 of the Global Biodiversity Framework reached almost two years ago at COP15 in Montréal, Canada.

Target 22 says: “Ensure the full, equitable, inclusive, effective and gender-responsive representation and participation in decision-making, and access to justice and information related to biodiversity by indigenous peoples and local communities, respecting their cultures and their rights over lands, territories, resources, and traditional knowledge, as well as by women and girls, children and youth, and persons with disabilities and ensure the full protection of environmental human rights defenders.”

The ”historic opportunity” of COP16

Molly Robson, Javier Garate and Ashley Thomson from Global Witness have commented:

“Around the world, those who speak out against the drivers of biodiversity loss – deforestation, pollution, land grabbing, mining and oil extraction – face alarming levels of violence and intimidation. 

If we are to have meaningful climate action, this must include robust policies, stringent corporate accountability and safeguarding the communities risking their lives to protect biodiversity and climate-critical ecosystems.

The Colombian Government has a historic opportunity to make CBD COP16 a turning point for both biodiversity and those who protect it – and to live up to its promises to place defenders’ voices at the centre of the agenda. 

On top of this, CBD COP16 could provide defenders with recourse to justice through heightened recognition, security, legislative protection and corporate accountability for the industries behind reprisals.

It must also ensure that those profiting from the destruction of nature at the expense of those who depend on it are held accountable.”

We will continue to follow this.

PBI-Guatemala accompanies UVOC at swearing in of Ancestral Q’eqchi‘ and Poqomchi’ councils

By
Brent Patterson
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PBI-Guatemala has posted:

“The day before yesterday [meaning on September 23], #PBIacompanies UVOC [Verapaz Union of Peasant Organizations] in the swearing in of the Ancestral Councils of the Maya Q’eqchi‘ and Poqomchi’ peoples of Purulhá, Baja Verapaz. The event took place in the Municipality of Purulhá.

The creation of these Councils is a very important step towards safeguarding and strengthening the values, worldview and ancestral culture of both peoples.”

PBI-Guatemala has previously explained: “UVOC has 367 affiliated communities (about 50,000 families); 98% of which are indigenous maya Q’eqchi‘, Poqomchi’ and Achi. Among other activities UVOC provides legal advice to numerous rural communities to legalize land, accompanies them in processes to defend their right to land, and participates in dialogue processes in the hope of finding solutions to agrarian conflicts.”

PBI has been accompanying UVOC since 2005 following threats and serious intimidation against some of its members.

Complaints Commission finds RCMP C-IRG “has repeatedly acted in a way that is contrary to the jurisprudence and to the rule of law”

By
Brent Patterson
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Photo of Brian Smallshaw prior to his arrest by the RCMP C-IRG in 2021. Photo by Tom Mitchell from CBC News report.

Two weeks ago, the Civilian Review and Complaints Commission (CRCC) published a 16-page summary of its final report on a public complaint about the Royal Canadian Mounted Police (RCMP) Community-Industry Response Group (C-IRG) and its handling of the enforcement of an injunction at Fairy Creek.

The RCMP C-IRG made about 1,100 arrests at this site of protest from May to August 2021 against Teal-Jones logging old-growth forest.

In a media statement, the CRCC said “the broad exclusion zones and checkpoints used by members of the RCMP’s Community-Industry Response Group (C-IRG) were unreasonable. The review determined that the RCMP’s demand to search the complainant [who is not named in the CRCC summary report] at a checkpoint on a public road was unfounded, and his arrest, after refusing to agree to the search, was groundless.”

Now, CBC names the public complainant as Brian Smallshaw, a web developer and historian from Salt Spring Island.

CBC reporter Brett Forester notes: “The commission found the Mounties wrongfully arrested Smallshaw while he was hiking three years ago when he wouldn’t submit to a search he considered unconstitutional.”

While the CRCC only posted a summary of the final report, Smallshaw shared the full report with Forester at CBC Indigenous.

That unpublished report says: “The RCMP C-IRG has repeatedly acted in a way that is contrary to the jurisprudence and to the rule of law.”

Forester adds: “The report, which Smallshaw agreed to share in full with CBC Indigenous, says the complaints commission made similar findings about C-IRG in three subsequent reviews, which are not yet public.”

His article also highlights the report says: “The commission is concerned about similarly broad and intrusive strategies being implemented during future protests, leading to similarly unreasonable searches and arrests.”

PBI-Canada shares that concern about possible RCMP CRU (the rebranded C-IRG) in relation to the current blockade/checkpoint on Gitanyow territory against the construction of the Prince Rupert Gas Transmission pipeline.

Forester also tweeted: “Here’s some of what the commission had to say”:

Forester’s article can be read in full at B.C. man speaks out on wrongful arrest after watchdog slams RCMP conduct at Fairy Creek (CBC News, September 24, 2024).

Systemic investigation

PBI-Canada is also following the current and ongoing systemic investigation of the RCMP C-IRG by the Ottawa-based CRCC.

That investigation was launched after the CRCC received nearly 500 formal complaints about the RCMP C-IRG. As Forester has previously reported: “More than 100 grievances accepted for investigation contain allegations of excessive force, illegal tactics, unprofessional behaviour, racism, discrimination and charter violations by the force’s Community-Industry Response Group (C-IRG).”

The investigation was launched more than 18 months ago and at this point the CRCC “cannot speculate on when it will conclude.”

Colombian trade union seeks investigation of police killing of Buenaventura activist Vanessa Renteria Valencia in Canada

By
Brent Patterson
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The Bogota-based National Union of Branch Workers, Services of the Transport and Logistics Industry of Colombia (SNTT) is calling for an investigation into the police killing in Canada of a former member of their union.

The SNTT has posted: “In light of the events that occurred in the early hours of September 19 in Surrey, Canada, which resulted in the death of our friend, colleague and former member Vanessa Renteria Valencia, we reject this act of violence and request that the authorities conduct an investigation.”

The union statement “demands from the government of Canada an impartial and fair investigation” into what happened.

Sandra Renteria, Vanessa’s sister, has also written Colombian president Gustavo Petro, vice-president Francia Márquez and other officials, asserting: “We consider that the RCMP used excessive force and did not use appropriate techniques to assess and de-escalate the situation that could have prevented this tragedy.”

37-year-old Afro-Colombian Vanessa Renteria Valencia was shot by police in her home at around 5:30 am on Thursday September 19.

Her sister says: “It is important to note that Vanessa arrived in Canada in 2022, as a refugee seeker fleeing violence in Buenaventura. Neither the Colombian nor the Canadian State were able to protect her and guarantee her right to life. Vanessa worked for 12 years in the port of Buenaventura and was a union activist in SNTT (National Union of Branch Labor, Transport and Logistics Services of Colombia).”

The incident

The Surrey Now-Leader reports: “Staff Sgt. Kris Clark, a BC RCMP media relations officer [says] when police arrived, they learned that a woman had locked herself in a room with a toddler and was allegedly holding a weapon near the child.”

But CTV News notes: “The RCMP has not confirmed whether the toddler was still in the room when the shooting happened, or whether officers recovered a weapon from the scene. The force also declined to comment on questions from local advocates about whether de-escalation tactics were employed by the officers, and whether there was an interpreter present to help communicate with Renteria.”

Vanessa’s sister adds: “We have received information indicating that Vanesa had been in a shelter for women victims of domestic violence and that she had recently returned to her home, where she lived with her partner and father of the minor. We have also had information indicating that Vanesa was looking for support to get a stable place to live alone with her daughter. Taking into account the above, we consider that the version provided by the RCMP does not reflect the reality of the facts and presents Vanessa as a dangerous person.”

The investigation

The Vancouver Sun now reports: “The Independent Investigations Office has been called in.” The IIO is “a civilian-led police oversight agency responsible for conducting investigations into incidents of death or serious harm that may have been the result of the actions or inactions of a police officer, whether on or off duty.”

CBC has previously reported: “An analysis of data from civilian police watchdogs in Canada shows that most of their investigations do not result in charges against officers. Charges were laid or forwarded to Crown prosecutors for consideration in three to nine per cent of the cases opened by the provincial agencies, a review by The Canadian Press of their most recent annual reports largely covering 2018 and 2019 found.”

That same article also notes: “A Canadian Press review found that of the 167 members involved in these units, 111 are former police officers.”

We continue to follow this.

 

Statement from union

SNTT on Facebook

Tweet: “Vanessa Renteria Valenica fue asesinada por la RCMP en Surrey, BC. Era una activista afrocolombiana y miembro del sindicato SNTT que huyó de Colombia a Canadá como refugiada en 2022 debido a las amenazas de muerte. Que se hunda en. Huyó de la muerte para ser asesinada por la policía.”

PBI-Honduras accompanies the Agrarian Platform at “mega-mobilization” at the Supreme Court of Justice

By
Brent Patterson
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PBI-Honduras has posted: “From PBI we accompany the Agrarian Platform and the peasant, indigenous and Garifuna communities in the exercise of peaceful citizen mobilization, where they demand the vindication of their rights for the protection of the environment.”

The Civic Council of Popular and Indigenous Organizations of Honduras (COPINH) has also posted: “COPINH present at the action led by the Agrarian Platform of Bajo Aguán, demanding Justice for Juan López and Berta Cáceres, in the Supreme Court of Justice! Impunity in the case of Berta Cáceres implies the risk and continuation of murders against defenders of human rights and land in our country, as was the recent case of our colleague Juan López. Justice must prevail for Juan, for Berta, and for all people who fight to defend life and land! Confirm the sentences of Berta Cáceres’ murderers.”

Providing additional context, Avispa Midia notes:

“From the early hours of this Tuesday (24), hundreds of peasants belonging to 25 organizations from all over Honduras traveled to the capital, Tegucigalpa, to participate in what they called ‘mega-mobilization’ and whose days of protest will last for the next three days.

Among the participating organizations are the Agrarian Platform and the Coordinator of Popular Organizations of the Aguán (COPA), who demand the effective installation of the Tripartite Commission for the Resolution of the Conflict in Bajo Aguán, and an investigation into human rights violations in that region, in northern Honduras.

The demonstration began in the morning with the arrival of the peasants at the facilities of the Supreme Court of Justice (CSJ) from where they announced the installation of a sit-in through which they demand the fulfillment of a series of demands, among which are access to land and an end to the criminalization of defenders of the territory.

Outside the CSJ, Yonny Rivas, spokesperson for the Agrarian Platform, underscored the demand of the peasant movement to declare unconstitutional Decree 93-2021 which, he accuses, criminalizes social protest.

In the [call/list of demands], released by the Agrarian Platform of the Aguán, the organizations addressed the CSJ magistrates by pointing out that, by ignoring the peasant demands, they demonstrate that ‘business, the security of families and friends, weigh more than justice, the rule of law and the public-collective welfare.’

The mass mobilization comes days after the murder of Juan López, a defender of the territory in the Bajo Aguán valley region of northern Honduras, who, despite having protection measures from the Inter-American Commission on Human Rights (IACHR), was gunned down on September 14 in the context of complaints against a mining company and politicians linked to organized crime.”

The full Avispa Midia article can be read at Organizaciones campesinas protestan masivamente en Honduras (September 24, 2024).

Photo by Avispa.

Hondudiario also reports: “Members of the Civic Council of Popular and Indigenous Organizations of Honduras (COPINH), together with other social organizations, staged a sit-in on the ground floor of the National Congress (CN) and the Supreme Court of Justice (CSJ), demanding that justice be done in favor of the environmental leader, Juan López, who was murdered in Tocoa, Colón.”

Photo by Hondudiario.

And journalist Marcia Perdomo notes in Criterio.hn: “In a massive mobilization, peasant communities, indigenous people and human rights organizations took to the Supreme Court of Justice (CSJ) demanding the purging of the Judiciary, transparency and publicity of the plenary sessions in which the magistrates participate, and the reduction of impunity in cases involving land and territory defenders.”

That article adds: “The mobilization in front of the Supreme Court of Justice is part of the ‘Great Camp for the Democratization of the Land’, which was installed this Tuesday on the ground floor of the National Congress and will remain for three days.”

Photo by Criterio.hn.

We continue to follow this.

PBI-Mexico comments on the structural challenges of the Protection Mechanism following the release of Working Group report

By
Brent Patterson
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The full civil society statement on the Working Group report can be read here.

PBI-Mexico has posted:

“Today the two-year report of the Working Group to strengthen the @Mecanismo_MX [Protection Mechanism for Human Rights Defenders and Journalists operated by the Ministry of the Interior] was delivered, promoted by @ONUDHmexico [Office in Mexico of the High Commissioner for Human Rights], with the participation of @SEGOB_mx [the Ministry of Interior], @SRE_mx [the Ministry of Foreign Affairs], @CNDH [National Human Rights Commission], @FGRMexico [Office of the Attorney General of the Republic], civil society and the @CMecanismo [the Advisory Council of the Protection Mechanism for Human Rights Defenders and Journalists in Mexico].

The report highlights 89 priority recommendations, with 41 important advances and 29 fulfilled. The highlights include an increase in the Mechanism’s staff, meetings between the Federation and state entities, the creation of “La Equipa” [The Team] for the gender perspective and training.

However, structural challenges are observed, such as the mainstreaming of the intersectional approach, the collective and community approach, the monitoring of measures, the strengthening of risk analysis, protection plans and the adoption of a preventive approach.

For the above, we call on the new federal administration to give continuity to the Working Group and deepen the dialogue with civil society to generate a national public policy that guarantees #DerechoADefender #DDHH [the rights of human rights defenders] and #LibertadDeExpresion [freedom of expression] in Mexico.”

Media coverage can be read (in Spanish) at They see little improvement in the Protection Mechanism (El Economista), Civil organizations ask the Mexican government to consolidate the strengthening of the Protection Mechanism for Human Rights Defenders and Journalists (88.9 Noticias) and Progress of the Working Group for the Protection of Defenders and Journalists (Somoselmedio).

Continuing challenges (text from Somoselmedio)

The situation

Global Witness reports that 203 land and environmental defenders have been killed in Mexico between 2012 (the year the Mechanism was signed into law) and 2023, while Amnesty International and the Committee to Protect Journalists (CPJ) highlighted in March 2024 that eight journalists were killed while enrolled in Mexico’s Mechanism for the Protection of Human Rights Defenders and Journalists over the past seven years.

Previous PBI-Mexico commentary

PBI-Mexico has previously explained that a Protection Mechanism was created for journalists in Autumn 2010.

Later, the Law for the Protection of Human Rights Defenders and Journalists was signed into law in June 2012. That law obliges both federal and state authorities to protect the rights of journalists and human rights defenders.

In March 2020, PBI-Mexico commented “the Mechanism continues to demonstrate notable deficiencies and concerning failures.”

The year before that, PBI also highlighted: “The Mechanism can’t possibly address its shortcomings with its current budget and staffing levels. Providing additional funding would be the first step the Mexican government can take to ensure the Mechanism has the resources necessary to manage its rapidly growing caseload.”

For more, please see the report Turning the Tide on Impunity: Protection and Access to Justice for Journalists and Human Rights Defenders in Mexico.

Statements on horse-mounted police units and the human right to freedom of peaceful assembly and association

By
Brent Patterson
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Photo: Victoria Police at the Land Forces arms show in Naarm/Melbourne, September 2024. Photo by Alex Bainbridge/Green Left.

CBC reports: “Ottawa police plan to introduce horse-mounted patrols to the ByWard Market, in response to concerns over crime and public safety in the historic neighbourhood, Chief Eric Stubbs told a public meeting Friday [September 20].”

That article continues: “[Former Royal Canadian Mounted Police assistant commissioner] Stubbs also announced that horse-mounted police would start patrolling the ByWard Market next year. ‘Our goal is to have a mounted unit launched by next April 1,’ he said. Initially, the unit will consist of four horses with plans to expand it to eight, he said.”

While the article focuses on the mounted police focused in the ByWard Market, it is also possible that mounted police could be deployed in response to the weekly Palestinian solidarity marches (that often go through the market) or even at protests against the CANSEC arms show, scheduled for May 28-29, 2025.

Photo: Palestinian solidarity march in ByWard Market, November 2023.

Human rights considerations

In his report to the Human Rights Council earlier this year, Clemet Voule, the UN Special Rapporteur on the rights to freedom of peaceful assembly and association, commented: “Law enforcement officials should: (c) Consider that, if mounted or canine units are used, they operate under the use of force framework. Although mounted and canine units are often considered to be less-lethal mediums, there is a potential to cause serious bodily injury, harm or even death, if they are not used correctly. Such units must be deployed in a culturally sensitive manner, given that even the mere presence of dogs and horses can lead to an unnecessary escalation of tension.”

More than 10 years ago, in January 2013, Navanethem Pillay, the UN High Commissioner for Human Rights, also noted: “Horses should not be used for crowd control, the police should not photograph or videotape peaceful protestors, and should be prohibited from making pre-emptive arrests and dispersals.”

The Los Angeles Times has also reported: LAPD’s use of horses to clear crowd condemned by activists, civil rights leaders (January 22, 2021). That article notes the concerns expressed by “Carol Sobel, a prominent attorney whose litigation has forced the LAPD to scale back aggressive crowd control practices in the past.” Sobel described the use of horses to clear crowds as “medieval”.

Amnesty International UK has also raised their concerns about the use of police horses against a Black Lives Matter protest in London in June 2020. They noted: “Various videos have emerged of police horses charging protestors.” Kate Allen, Director of Amnesty International UK, said: “Horses should never be used to charge against demonstrators.”

And the Manchester, UK-based Omega Research Foundation has stated: “Any decision to deploy mounted police must be in-line with the international human rights standards of proportionality and necessity and it must be remembered that horses can react unpredictably when frightened or over stimulated, which may lead to nearby protesters or bystanders being injured. Certain groups may be particularly vulnerable when horses are used to disperse a crowd, particularly those with limited mobility, slow reaction times, or impaired sight (including persons with disabilities, elderly persons, children, pregnant people, for example).”

The United Nations Children’s Fund (UNICEF) has also expressed this same concern: “. People with limited mobility or slow reaction time, including children, may be particularly vulnerable when horses are used to disperse a crowd.”

CANSEC 2025

At the CANSEC arms show in Ottawa earlier this year, PBI-Canada witnessed a large-scale police presence to counter a public protest.

At a similar arms show called the Land Forces Exposition in Melbourne, Australia earlier this month, Melbourne Activist Legal Support (MALS) fielded a team of 20 independent legal observers to monitor the policing of protests.

MALS noted: “Legal observers witnessed multiple incidents of excessive use of force by police including… riding of horses into crowds resulting in injuries.” They further commented: “The behaviour of individual protesters does not justify excessive force against others nor the use of force against entire crowds. The size, nature, or political context of a protest does not change the obligations upon police to act lawfully. Incidents of excessive force documented today by legal observers may constitute unlawful assault by police.”

We will continue to follow this.

Does DEFSEC Atlantic have human rights obligations following the ICJ ruling on plausible genocide?

By
Brent Patterson
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Photo: Protest against DEFSEC Atlantic 2023.

The Canadian Defence Security & Aerospace Exhibition Atlantic, or DEFSEC Atlantic, will take place this coming October 1-3 in Halifax, Nova Scotia. DEFSEC Atlantic says: “[It is] now the second largest event of its kind in Canada.”

In 2023, it had 168 exhibiting organizations, 16 countries represented, and 40,000 square feet of exhibition space.

This year it highlights that it has expanded to 120,000 square feet.

The aim of DEFSEC Atlantic includes creating a place where “businesses can meet each other and start down the path of future collaboration” and bringing “all levels of government which highlight the programs available to aid companies in future business development…” It adds: “military members are invited to meet the companies who may potentially have them as the end-users of their products.”

Exhibitors

Exhibitors will include BAE Systems (Canada), Gastops, General Dynamics Ordnance & Tactical Systems – Canada, Lockheed Martin Canada, Thales Canada among many others. Its sponsors include Lockheed Martin and Boeing.

The Breach recently reported: “[Ottawa-based] Gastops is the only company in the world that produces engine sensors that go into U.S.-made F-35 combat jets—including the ones dropping 2,000 pound bombs in Gaza.”

And in mid-August The Maple reported: “The United States government announced this week that a Quebec-based company [General Dynamics Ordnance and Tactical Systems Inc.] will be the principal contractor in a ‘possible’ $61-million US sale of high explosive mortar cartridges and related equipment to Israel.”

As for exhibitor and sponsor Lockheed Martin, the American Friends Service Committee (AFSC) Action Center for Corporate Accountability has noted: “The world’s largest weapons manufacturer, Lockheed Martin supplies Israel with F-16 and F-35 fighter jets, which Israel has been using extensively to bomb Gaza. Israel also uses the company’s C-130 Hercules transport planes to support the ground invasion of Gaza. Lockheed Martin manufactures AGM-114 Hellfire missiles for Israel’s Apache helicopters. One of the main weapon types used in aerial attacks on Gaza, these missiles have been used extensively in 2023.”

International Court of Justice ruling

Almost eight months ago, on January 26, the International Court of Justice (ICJ) issued a preliminary ruling on South Africa’s claim that Israel is committing genocide against the Palestinian people, specifically in the Gaza Strip.

In paragraph 54 of its ruling, the International Court of Justice states: “In the Court’s view, the facts and circumstances … are sufficient to conclude that at least some of the rights claimed by South Africa and for which it is seeking protection are plausible. This is the case with respect to the right of the Palestinians in Gaza to be protected from acts of genocide and related prohibited acts identified in Article III, and the right of South Africa to seek Israel’s compliance with the latter’s obligations under the [the Convention on the Prevention and Punishment of the Crime of Genocide].”

As such, the ICJ ruled that it is “plausible” that Israel is committing genocide against the Palestinian people.

Toronto-based university law school professors Heidi Matthews, Faisal A. Bhabha and Mohammad Fadel have argued: “Because the ICJ found a serious risk of genocide in Gaza, continuing to export arms to Israel would be illegal. It would also be flagrantly inconsistent with Canada’s obligation to prevent genocide and could expose Canada and Canadian officials to liability for participation in genocide.”

Canada’s international obligations

Kelsey Gallagher, senior research at the Canadian peace research institute Project Ploughshares, has written: “Calls for Canada to stop arming authoritarian governments accused of war crimes are not merely appeals to a higher moral standard but are grounded in concrete legal obligations.”

Gallagher adds: “States party to the [Arms Trade Treaty] cannot transfer arms if such exports pose an overriding risk of being used in violations of international humanitarian law or international human rights law. They are also barred from providing weapons to foreign states or actors that would be used in war crimes or other crimes against humanity (which, notably in the case of Israel, includes apartheid). This threshold has evidently been crossed with several of Canada’s arms trade relationships, even if Ottawa would like to pretend otherwise.”

The obligations of companies

Furthermore, the UN Guiding Principles on Business and Human Rights places responsibilities on companies, including those that sell arms. It says: “The responsibility to respect human rights is a global standard of expected conduct for all business enterprises wherever they operate. It exists independently of States’ abilities and/or willingness to fulfil their own human rights obligations, and does not diminish those obligations. And it exists over and above compliance with national laws and regulations protecting human rights.”

The impact on arms exports on human rights defenders

Front Line Defenders has noted: “People considered to be human rights defenders in the OPT [Occupied Palestinian Territory] include journalists, lawyers, medical workers, fieldworkers, international volunteers who act as independent observers and carry out human rights work and defenders working for economic, social and cultural rights.”

Using the Front Line Defenders definition, an estimated 1,383 Palestinian human rights defenders have been killed over the past year (111 journalists, 990 medics, 2 lawyers, 280 aid workers). We also highlight the killing of international accompaniment volunteer Aysenur Eygi earlier this month in the Occupied West Bank.

Front Line Defenders says: “[Human rights defenders have been] specifically targeted by Israeli bombs or guns.”

HRDs are essential and must be protected

Last week, UN Special Rapporteur Mary Lawlor commented: “There is literally no place left for human rights defenders and civil society actors to continue documenting the litany of human rights violations to which Israel is subjecting the people of the Gaza Strip. …I repeat my call for human rights defenders to be recognised as essential in times of armed conflict, and to be protected. As independent observers, lawyers and researchers, they document and preserve evidence of violations of international humanitarian and human rights law and ensure the possibility of accountability and justice.”

We continue to follow this.

Peace Brigades International-Canada has endorsed the campaign for an Arms Embargo Now. To see the video of the recent webinar with Rachel Small (World Beyond War), Kelsey Gallagher (Project Ploughshares) and Noam Perry (American Friends Service Committee Action Center for Corporate Accountability) that PBI-Canada co-hosted with the Canadian Friends Service Committee (CFSC), click here.

Racist comments by RCMP officers in Coquitlam condemned, while C-IRG actions remain unresolved

By
Brent Patterson
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Video still of Sleydo’ being arrested by the C-IRG, November 2021.

CBC reports: “B.C.’s public safety minister [Mike Farnworth] has condemned the alleged conduct of Coquitlam RCMP officers accused of making racist, homophobic and sexist comments in a private online chat group.”

That article adds: “CBC News revealed details Friday [September 20] of the allegations contained in a search warrant seeking the evidence that led to disciplinary proceedings against three Mounties — which include joking about Tasering unarmed black people and mocking sexual assault and domestic violence victims.”

CTV highlights that the three RCMP officers are now facing dismal for these alleged violations of the RCMP’s Code of Conduct.

The Code of Conduct is a short Schedule with a Statement of Objectives that notes: “Members treat every person with respect and courtesy and do not engage in discrimination or harassment.”

While deployments of the RCMP Community-Industry Response Group (C-IRG) – now rebranded as the Critical Response Unit (CRU-BC) – involve officers from across the province, it is not known if these officers have been part of C-IRG operations.

And despite the serious allegations against the C-IRG (outlined below), Amanda Follett Hosgood of The Tyee found from documents obtained through freedom of information laws that BC’s Ministry of Public Safety allocated $36 million in November 2022 to the C-IRG for “police response to unlawful protests.”

Racist comments by RCMP on Facebook groups

In August 2020, APTN reported: “Multiple private Facebook groups featuring racist comments by former and current members of the RCMP – and first exposed by APTN News two years ago – are still thriving despite a promise from the commissioner to deal with them.”

“These Facebook groups are still thriving with thousands of members and hundreds of comments.”

That article also notes: “Several members had comments during the rail blockades in support of the Wet’suwet’en Nation which was at odds with the RCMP in British Columbia over a pipeline that is scheduled to be built on their unceded territory.”

“Localized harassment”

In February 2021, an article in The Narwhal quotes Wet’suwet’en land defender Sleydo’ who said: “[The RCMP are] patrolling all the roads. You could get pulled over at any point in time for no reason at all. If you go anywhere, they’re going to follow you. …I just get so mad and frustrated because we’re living with it every day.”

That article then quotes Carleton University professor Jeffrey Monaghan “who told The Narwhal there’s systemic racism in the RCMP and the ‘localized harassment’ happening on Wet’suwet’en territory is common. ‘I would characterize it as petty, retaliatory attacks.'”

“Improper attitude” complaints against the C-IRG

In November 2023, CBC Fifth Estate reported: “In Fairy Creek, where mass arrests took place over the spring and into the fall of 2021, C-IRG was the subject of 265 complaints. Of those, 114 fell within the CRCC’s [Civilian Review and Complaints Commission] mandate. So far, the RCMP has reviewed fewer than half — 54 in total. Those 54 complaints include 181 allegations, the majority claiming improper use of force, improper attitude and neglect of duty. The RCMP did not support or terminated 155 of the 181 allegations. The CRCC is reviewing only six complaints from Fairy Creek.”

No Code of Conduct hearings for C-IRG officers

That Fifth Estate article adds: “John Brewer, a former commander with C-IRG [said] there have been no Criminal Code or code of conduct or disciplinary hearings held as a result of any public complaints against C-IRG.”

Abuse of process hearings

In January 2024, during an abuse of process application on RCMP C-IRG violations of the rights of Indigenous land defenders on Wet’suwet’en territory, CBC reported: “RCMP officers referred to First Nations pipeline opponents as “orcs” and “ogre” during a police raid at a blockade of Coastal GasLink pipeline construction in November 2021, according to audio recordings played in court Wednesday [January 17].”

That article adds: “Sleydo’ and [Gitxsan land defender Shaylynn] Sampson both were wearing red dresses and had red handprints painted over their mouths on Nov.19, 2021, when they were arrested. Red dresses and handprints are both symbols for missing and murdered Indigenous women and girls.”

In September 2024, during the second hearing related to the abuse of process application, CBC reported: “[Ken Floyd, the former Bronze commander of the C-IRG] said that though he was ashamed by the comments made by the officers and believes they are wrong, because the comments were not said to the accused, it did not interfere with their rights and how they were subsequently treated in custody.”

The next court dates in this abuse of process application are expected to be November 4-8 and December 9-13.

CRCC systemic investigation

On March 9, 2023, the Civilian Review and Complaints Commission (CRCC) initiated a systemic investigation into “the activities and operations” of the C-IRG.

That investigation includes “a comprehensive file review to assess whether or to what extent the activities and operations of the C-IRG are carried out in accordance with legal standards, policy requirements, and leading practices.”

The CBC has reported: “More than 100 grievances accepted for investigation contain allegations of excessive force, illegal tactics, unprofessional behaviour, racism, discrimination and charter violations by the force’s Community-Industry Response Group.”

More than 18 months after the launch of the investigation, it is unclear when it will be completed and the results made public.

We continue to follow this.

Further reading: The Toxic Culture of the RCMP: Misogyny, Racism, and Violence against Women in Canada’s National Police Force (Canadian Feminist Alliance for International Action report, September 2022).

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