44th Parl. 1st Sess.
March 27, 2023 11:00AM
Madam Speaker, it is truly an honour to begin debate today on Bill C-41. This legislation aims to address important aspects of the deepening crisis in Afghanistan and responds to Canadian humanitarian aid agencies and their pleas to be able to deliver relief to a country on the brink. This work stems from the cross-party collaborative efforts from the Special Committee on Afghanistan and the important recommendations put forward by members of that committee.
I am proud to have been a member of this committee, but this work is also thanks to the non-governmental organizations and humanitarian aid agencies that advocated and testified at committee for a pathway forward to deliver aid to Afghanistan. The testimony we heard was haunting. The Afghan people have persisted through four decades of war, and since the forceful capture of the country by the Taliban, the world has witnessed the erosion of fundamental rights and the steady deterioration of social and economic systems. This has created the largest humanitarian crisis in the world.
Drawing on testimony from the committee, I want to remind the House that Afghanistan was a country that was reliant on foreign aid before the takeover by the Taliban. The committee’s report states the following:
The World Bank had assessed that Afghanistan’s economy was “shaped by fragility and aid dependence.” Grants were financing some 75% of total public expenditure and were responsible for around 45% of Afghanistan’s gross domestic product in 2020. With the abrupt return to power of the Taliban, Afghanistan—whose currency reserves held abroad were frozen—experienced a significant fiscal contraction at the same time as it essentially became cut-off from the international banking and payments systems. That occurred because the Taliban have long been subject to sanctions in relation to terrorism.
The overall result for the country has been “near economic and institutional collapse, including an inability to provide most basic services and pay civil servant salaries.” The net effect for the Afghan people is that prices have increased, livelihoods have disappeared, and household resources have been exhausted...
To encapsulate the enormity of this situation, John Aylieff, Regional Director for Asia and the Pacific at the WFP, said: “Today, millions of people in Afghanistan—young children, families and communities—stand at the precipice of inhumane hunger and destitution.” Of the 23 million people who required food assistance, nearly 9 million were “one step away from famine,” while some 1 million children were “at risk of perishing this year from acute malnutrition.”
The population of Afghanistan is 40 million people, and 23 million people require food assistance.
What I have described is but a small sample of the testimony we heard. It was clear that Canadian aid agencies were ready and willing to help, but they were unable to do so. According to Michael Messenger, CEO of World Vision Canada, that organization had “two containers full of packets of ready-to-use therapeutic food…to treat children facing the severest forms of malnutrition…[that] can literally bring children back from the brink of death by starvation.” The committee report goes on to say, “The organization could not ship them to Afghanistan, despite the pleas from their team on the ground. Each container can help more than 900 children.”
I am proud of the report from the Special Committee on Afghanistan and am pleased this legislation is in line with recommendations 10 and 11, which called upon the government to ensure that registered Canadian organizations have the clarity and assurances needed to deliver humanitarian assistance to meet the basic needs of the people of Afghanistan without fear of prosecution for violating Canada’s anti-terrorism laws.
Canada has a long and rich history of fighting for human rights and delivering life-saving assistance abroad. Over the last 20 years, many Afghans experienced improved access to health services and education and were able to participate in efforts to build their democracy. This occurred in no small part thanks to the efforts of Canadian organizations providing aid in support of a generation of leaders, many of whom were women, who were building a better country for all Afghans.
The purpose of this bill is to address the fact that Canada’s current legal framework has limited the ability of Canadian aid organizations to provide assistance to the people of Afghanistan due to potential Criminal Code liability. Although the Taliban has taken over as the de facto national authority of Afghanistan, it remains a listed terrorist group under Canada’s Criminal Code.
The Taliban maintains close links with several terrorist groups, and the combination of a weak state and a collapsing economy gives terrorist groups a fertile ground within which to operate, but we must put in place needed reform to address the needs of the Afghan people and to facilitate the assistance they so desperately need. We will find a balanced course of action that will also seek to preserve the integrity of Canada’s counter-terrorism financing measures.
The proposed bill maintains strong counter-terrorist financing measures while presenting an authorization regime to provide protection from criminal liability for the delivery of humanitarian aid and other activities by Canadian organizations. Terrorist financing remains a criminal offence. Authorizations would only shield applicants from criminal liability for providing an unavoidable benefit to a terrorist group associated with activities that serve a specified purpose, subject to strict terms and conditions. An authorization would not shield efforts to deliberately leverage the authorization to provide a benefit to a terrorist group beyond what is incidental and covered by the authorization terms and conditions. Such activities would remain criminal.
We recognize that terrorism is a global threat that requires a concerted international response. Canada’s terrorist financing regime is contained in the Criminal Code and, because of this, aid agencies were restricted in delivering aid as it could be interpreted as providing indirect financial support to the Taliban, which is a criminal offence. This authorization tool would facilitate the delivery of certain activities, like humanitarian assistance, human rights programming and immigration services, in geographic areas controlled by terrorist groups. This means that Canadians holding an authorization and providing these services would no longer be at risk of committing a terrorist financing offence, and foreign citizens, like the people of Afghanistan, would be able to receive the assistance they need in their country or by resettling to Canada.
I have already heard anecdotally that some aid organizations are ramping up their operations in anticipation of the passage of this legislation so they can scale up their work in supporting the people of Afghanistan.
Further, the proposed authorization regime is not restricted to Afghanistan, in order to enable the Government of Canada to respond to similar situations elsewhere in the world, now and in the future.
Under this regime, the Minister of Public Safety would consider applications that have been referred by the Minister of Foreign Affairs and/or the Minister of Immigration, Refugees and Citizenship, who would first need to be satisfied that certain conditions were met. This includes, among other things, that the proposed activity aligns with a permitted purpose and responds to a real and important need.
Once the application has been referred, the Minister of Public Safety would conduct a security review that must assess the impact of granting the authorization on terrorist financing. Factors to be considered include, among others, whether the applicants or those involved in activity implementation have links to terrorist groups or were investigated, charged or convicted of terrorism offences. Those assessments would be led by Public Safety and undertaken by the national security agencies, such as CSIS, the RCMP and CSE, where required.
The issuance of an authorization would ultimately take into account an assessment of benefit, need and capability of the applicant against the assessment of risk of terrorist financing. Any eligible person or organization in Canada, or Canadian organization outside of Canada, could apply for an authorization. This could include Government of Canada officials, as well as persons associated with or acting on behalf of a registered or incorporated Canadian organization. The updated Criminal Code provisions would also set out permissible classes of activities that would achieve certain purposes.
In the current situation in Afghanistan, the delivery of aid and other forms of international assistance inevitably benefits the Taliban through taxation and other fees. This regime would allow Canadian organizations, including Government of Canada departments, to work within the defined scope of an authorization to achieve their goals without risk of running afoul of the law.
Simply put, the changes contemplated in Bill C-41 would allow our aid agencies to go back to what they do best: saving lives.
I know this is an issue that has touched the hearts of all who served on the Special Committee on Afghanistan. We were able to set aside partisan differences and work together to present our report. The bill responds to that report. I was heartened to see this place provide unanimous consent to a motion last week that will ensure that the bill is fast-tracked through the parliamentary process.
I began my speech by outlining the humanitarian crisis in Afghanistan, but it is not only food insecurity that threatens the lives of millions of Afghans. Health care is in crisis. Women and girls are facing human rights violations that are unthinkable. Afghanistan has one of the highest rates of those living with a disability in the world, after decades of war and land mines. Families have sold their daughters just to survive.
To be honest, the conditions in Afghanistan are beyond comprehension for all of us sitting here in Canada. Sadly, they are a reality for millions of Afghans living under the Taliban regime. Groups like Islamic Relief, World Vision, Canadian Women for Women in Afghanistan, Red Cross, CARE Canada and so many others are ready to provide aid to some of the world’s most vulnerable, but they need us to act.
In 2019, The Asia Foundation released a model disability survey of Afghanistan, which found that nearly 80% of adults in Afghanistan have a disability. As a result, many of the households in Afghanistan have become women-led. With the current regime in place, women have been forced out of the economy and out of schools, leaving many households in abject poverty. Those living with disabilities also face heightened violence and insecurity within conflict. Because of this, so many who have a disability in Afghanistan face more difficulties attempting to flee conflict, resulting in a higher reliance on humanitarian aid.
Bill C-41 would be able to reach this population, which has not had the same opportunity to seek refuge in other countries, and would allow for humanitarian aid to flow to Afghanistan to address the specific needs those with disabilities face.
The human rights abuses against women and girls, and the Hazaras, are particularly egregious. Women and girls have been denied their most basic rights, including their right to education and employment, at every turn. Finding different means to control women, the Taliban has imposed strict dress codes, forcing them to wear a burka, a full body covering that obscures their face and body. Women’s freedom of movement has also been severely restricted, with women being allowed to leave their homes only in the company of a male relative. Of course, those who do not comply are met with harassment, abuse and state-sanctioned violence.
The restrictions imposed on women’s education are devastating.
In March 2018, on the floor of the Library of Parliament, in the old Centre Block, at the heart of our democracy, I, along with the Minister of Science, the Minister for Women and Gender Equality, and the Prime Minister, met with the Afghan Dreamers. They were an all-women high school robotics team who, in partnership with FIRST Robotics Canada, had flown from Afghanistan to Canada to compete against high-school teams across the province. They brought their robot from Kabul to Canada.
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It is hard to remember these young women and think about their lives today under the Taliban. They showed me what the future of Afghanistan was going to look like, and I remain in hope that this future comes to fruition. When I was speaking with these young women, they told me that when they left Canada to go back home they wanted to open a school dedicated to teaching other women and girls about science, technology, engineering and math. These young women were and continue to be Afghanistan's greatest resource.
Since returning to power, the Taliban has targeted schools like the one envisioned by The Afghan Dreamers, often destroying school buildings and threatening those who teach and attend them. At times, women have been prohibited from attending schools and universities. Women who are pursuing higher education have been forced to abandon their studies. Women are being used as a tool to advance the Taliban's power in the region.
Speaking at the UN Commission on the Status of Women on March 24, Canadian Women for Women in Afghanistan advocacy manager Sarah Keeler said:
But while girls the world over are out of education, the situation for girls and women in Afghanistan is unparalleled in its intensity and impact. Under repressive Taliban rule, Afghanistan is now the only country on the planet with the terrible distinction of denying women and girls their right to learn as a policy. Indeed, the Taliban's restrictions amount to system-wide gender persecution, in education and elsewhere.
For girls like Maryam, there are not just the barriers of poverty or lack of infrastructure, already overwhelming enough—there is also ideological malice that has intentionally robbed girls of their rights and hope for the future. “What crime have I committed?”, asks Maryam. She writes to us of feeling hopeless, suicidal and alone. All Afghan women and girls, but perhaps most of all the generation for whom two decades of democratic progress and investment in education provided the catalyst for real achievement and aspiration, are experiencing a profound mental health crisis.
The Hazara minority is no different. Through witnesses who appeared before committee, we heard about the devastation and persecution faced by the Hazara community. Hazaras are a predominantly Shia Muslim ethnic group that has faced systemic discrimination from the Taliban. From being subjected to attacks to forced displacement and other human rights abuses, the Hazara minority remains a vulnerable group in Afghanistan that is in dire need of the support this bill would allow.
Previously, Canada introduced special measures to support Afghans through Immigration, Refugees and Citizenship Canada. We have welcomed over 29,000 Afghan refugees since August 2021. These special measures allow the expedited processing of applications from Afghan nationals seeking to immigrate to Canada. A dedicated channel was introduced for applications coming in from a number of measures Canada presented. The special immigration measures program aims to resettle 18,000 people. IRCC also introduced a temporary public policy that creates a pathway to permanent residence for extended family members of former Afghan interpreters who immigrated to Canada under the 2009 and 2012 public policies. More recently, the Minister of Immigration, Refugees and Citizenship Canada introduced a temporary policy for extended family members of former language and cultural advisers. The work that our government has done has been important and life-changing.
While thousands of Afghan nationals have been able to seek refuge in Canada, there are millions more who need our support, and this bill would allow exactly that. We as parliamentarians have an obligation to all Afghans to pass this legislation quickly and judiciously. Aid to Afghanistan remains absolutely vital. With this legislative change, Canada is responding to the growing crisis in Afghanistan. This would also help our government work with like-minded countries and international partners to advance our priorities. Canada has a hard-earned international reputation as both a fierce protector and a steadfast source of humanitarian assistance.
I want to give a special thanks to those who worked on this issue. It is rare in this place that we work together with civil society to make such monumental change, but with this legislation, we will truly save the lives of some of the most vulnerable in the world.
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Madam Speaker, on September 11, 2001, a terrorist organization that was using Afghanistan as its base of operations attacked New York and Washington. In response to this attack, Canada joined an American-like coalition that worked to overthrow Afghanistan's Taliban government and supported the transformation of Afghanistan into a free democracy. Canada also joined other countries in establishing tough new domestic anti-terrorism legislation that aided in preventing any kind of presence of or interaction with designated terrorist organizations.
The decision to overthrow Afghanistan's Taliban government was seen as just and a form of retaliation for the lives lost on September 11, but it was also framed as a war for the liberation of the Afghan people. It was widely explained not as a war against Afghanistan but as a war for Afghanistan, in particular for the freedom of the Afghan people.
The spirit of that period was one of profound optimism about the universality of the human aspiration for freedom and democracy and about the possibility of external intervention quickly bringing about that democracy. This optimism was best expressed by then British prime minister Tony Blair, who said:
...ours are not Western values, they are the universal values of the human spirit. And anywhere, any time ordinary people are given the chance to choose, the choice is the same: freedom, not tyranny; democracy, not dictatorship; the rule of law, not the rule of the secret police.
The implication in the minds of many seemed to be that we could use superior firepower to chase out the bad guys, introduce democracy and then quickly move on with our lives.
As Canada joined military efforts to support the transformation of Afghanistan into a free democracy, Afghanistan also became a major focus of Canadian development systems. In this whole enterprise we were motivated by the highest aspirations: to sacrifice blood and treasure to allow women and men on the other side of the world to seize their birthright of freedom. However, on August 15, 2021, almost exactly 20 years after the 9/11 attacks, as the last allied soldiers were pulling out of Afghanistan, it was again overrun by Taliban forces. As of this moment in time at least, our great optimistic efforts to transform Afghanistan ended in failure.
On the same day that Kabul fell, rather than being at his desk working on the desperately needed response to these unfolding events, our Prime Minister was visiting the Governor General to call a domestic election, an election that we did not need, that featured more polarization and demonization of Canadians than any in recent memory and that returned a virtually unchanged Parliament. We would have been so much better off if the Prime Minister had been putting his responsibilities ahead of his perceived political interests.
Leading up to the fall of Afghanistan, the Conservatives had been calling on the government to use special immigration measures to assist the most vulnerable Afghans, those who assisted Canada during the previous 20 years, as well as ethnic and religious minorities, such as Hazaras, Sikhs, Hindus and Christians. In fact, the very first statement I ever made in this House back in 2015 was to call for special immigration measures for Afghan minorities. The government's response to these calls has ranged from slow to non-existent, and lives have been lost as a result.
Outside of the failures of our government, it is worth taking stock of what happened in general between September 11, 2001, and August 15, 2021. What caused the optimism for the expansion of freedom and democracy that drove nation building in Afghanistan post-9/11 to fade into the fatalistic acceptance of the apparent global democratic decline that led the United States and other countries to leave Afghanistan and effectively hand it back to the Taliban?
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Madam Speaker, I will. It is my right to speak in the House. I appreciate that.
Transforming Afghanistan was a great and noble goal, but doing worthwhile things is never easy. Supporting the democratic development of Afghanistan was always going to be a long process, and if it was going to work, then it would require a long-term commitment.
Tony Blair is right, in an ultimate sense. The people always ultimately choose freedom over tyranny, but the short-term optimism of the post-9/11 era did not pay enough attention to the need to gradually and painstakingly develop the institutions and political culture of a free pluralistic society over time. We were too quick to want to declare mission accomplished. We cannot expect to simply chase out the bad guys and then roll out the template of free democratic institutions because there is no single template for such institutions.
The core problem was that so-called neo-conservatism was not, in practice, sufficiently conservative. Conservatism, in its essential form, emphasizes the importance of local culture, tradition and familial attachments. To succeed, the institutions and culture of free democracy must be built on that pre-existing local foundation.
There is no single template for democracy because democracy succeeds when it builds on pre-existing cultural structures that have existing legitimacy, which then confer that legitimacy on the emergent democratic structures. This is how democracy was successfully built in the west, especially in the Anglo-American tradition over a long period. If those advancing democracy elsewhere do not build on the existing cultural foundation, then there will inevitably be rival centres of power that compete for legitimacy with the new democrat institutions.
In practice, neo-conservatism was not sufficiently conservative because it did not sufficiently take stock of how deeply embedded traditions and authority structures need to be collaborated with and harnessed in order to build free institutions that are authentic to the local setting over time. Any work of external nation building requires both great patience and even greater humility.
Free societies are not built like buildings. Rather, they grow like trees. Our own long history of halting democratic development in the west building on pre-democratic foundations should have made it clear to us that democratic development was always going to be a long-term project if it was going to be completed.
In one sense, the work of securing democracy is never complete. As the saying goes, the price of liberty is eternal vigilance. Save for the possibilities of divine intervention or nuclear annihilation, there is no such thing as the end of history. That is as true in Afghanistan as it is anywhere else. The work of building Canadian democracy is not complete, so why should we have expected it to ever be complete in Afghanistan? Of course, the hope of many, and rightly so, was that at some point along the way, external troops would be able to fully withdraw and Afghans themselves would be the ones vigilantly guarding and defending their own freedom, no longer needing outside help.
The critics of continuing western involvements in Afghanistan believed we needed to end so-called forever wars at a certain point and to leave the country to its own work in this regard. This framing of forever wars was highly misleading.
American troops have been stationed in Korea for much, much longer than they have been in Afghanistan. Nobody considers that American presence in Korea a forever war. America's presence in Korea is rather a matter of a contingent of troops helping to guarantee the peace. The withdrawal of Americans from South Korea would create a significant heightened risk of catastrophic conflict, so it is good for America to keep a contingent of troops there as long as is necessary.
The nature of America's presence in Afghanistan was different of course than the nature of its presence in Korea, but the western presence in Afghanistan was still consistent with the gradual drawing down of engagement, more limited air support backing the Afghan army, extremely low casualty figures in the later years compared to the height of the conflict and a trajectory whereby a smaller and less costly presence could, over time, still help sustain local democracy and security.
The fall of Afghanistan to the Taliban was not the inevitable result of facts on the ground. It was the result of a political choice that reflected a change in the western mood, the shift from too optimistic, impatient interventionism without sufficient cultural understand to too pessimistic isolationist abandonment.
As we have seen, the politics of isolationism and withdrawal, of putting domestic issues over external security imperatives, has led to global democratic decline, greater insecurity and ultimately a higher risk of costly war. This is why, in an age of further threats to free democracies, we must be vigilant and active, embracing realistic optimism and strategic patience and making the investments and the sacrifices that are required to keep the world a safe place for freedom and democracy.
The quote I read earlier continues with the poignant line, “The spread of freedom is the best security for the free.”
I hear from time to time from constituents who want us to ignore events far away and instead to simply focus on challenges at home, but history teaches us that impulse to retrench from the world always leads to the decline of democracy and liberty and to threats from abroad washing up on our own shores. When this spirit prevails, the long-term costs to our own well-being and happiness are inevitably much higher than if we had been engaged with international events from the beginning. I hope we learn the lessons of that history and we apply it.
As it relates to Afghanistan, we must now turn our attention to that other legacy of 9/11, which is the impact of anti-terrorism legislation. Anti-terrorism legislation was designed to confront the threat posed by violent non-state actors. Certain states do engage in acts that would fit any coherent legal definition of terrorism, but we have generally found it useful to maintain the possibility of some intercourse with hostile or rights-abusing governments, even those that use terrorism. The extreme isolation associated with a terrorist listing was therefore designed for violent non-state actors as opposed to violent state actors. This design, though, has been stretched and complicated in certain respects in recent years.
First, certain organizations, such as the IRGC or the Wagner Group, may simultaneously function as an international terrorist organization and as part of, or a close affiliate of, a state. In our view, these organizations should still be listed as terrorist entities, but we should acknowledge that such designations move us closer in the direction of capturing state-affiliated entities, instead of just non-state actors, with anti-terrorism legislation. Designating the particular organs of terrorism, rather than the state itself, still provides space for some interaction with other state organs, and is therefore, in my view, quite doable, even without amending the Criminal Code as it exists.
More complicated is the case in which a terrorist organization comes to occupy and function as the de facto authority in the state, and this is now the case in Afghanistan. Removing such an organization from the terrorist list would clearly send the wrong message and weaken legitimate and important sanctions against that group. Withdrawing the designation from a terrorist group once it takes over government would appear to suggest that one way for a terrorist group to get off the terrorist list is to simply take over territory. Again, that would clearly send the wrong message.
However, the Criminal Code, as it currently exists, was not designed for the situation in which a terrorist group also functions as the de facto authority in a state, so it is reasonable to look for ways to make these provisions nimbler, if that nimbleness allows us to preserve the listing of terrorist groups as terrorist groups. Rather than removing the terrorist designation from a terrorist organization that is still a terrorist organization, we should be prepared to thoughtfully amend the Criminal Code to still allow some presence in, and engagement with the people of, a country when that country has been overrun by a terrorist organization without in any way legitimizing that organization.
This brings us to the particular provisions of Bill C-41. Bill C-41 would allow the Government of Canada to grant very limited exemptions to the Anti-Terrorism Act to allow the delivery of humanitarian assistance in areas controlled by terrorist organizations. The legislation does not name Afghanistan or the Taliban directly, but it is clearly designed to allow the government to grant narrow exemptions that would allow the delivery of emergency humanitarian relief into Afghanistan.
Afghanistan faces an ongoing humanitarian crisis, in large part as a result of Taliban misrule. Terrorists are generally not very good at running an economy, yet Canadian charities have not been able to deliver essential humanitarian aid because in the process of delivering that aid to the Afghan people, they may run afoul of the Anti-Terrorism Act and thus risk criminal prosecution.
In this particular case, we are not talking about the expenditure of public funds. We are talking simply about increasing the precision of Criminal Code provisions to give private Canadian charities the freedom to deliver private funds to the suffering people of Afghanistan. Bill C-41 does not prescribe the precise form of the exemptions the government will grant. It would simply give the government the power to grant these exemptions. It is reasonable for a government to have this power to deal with contingency situations, although the government will necessarily be held accountable for its judicious and effective use of this power.
On the basic objective of Bill C-41, the biggest problem I have is that it comes too late, not too late to be useful, but too late for many who have already been suffering under Taliban misrule for over a year and a half. Peer countries have been way ahead of us in addressing this problem, and Parliament has been pushing the government to address this issue for almost all of that time. In fact, immediately after the 2021 election, Conservatives proposed a motion to create a special committee on Afghanistan. When it reported to the House last spring, that committee recommended that changes be made to allow humanitarian assistance to get into Afghanistan. Following that, this past fall, the foreign affairs committee unanimously agreed to my motion calling for changes that would allow humanitarian assistance to get into Afghanistan, reiterating what was in the Afghan committee's report, and the committee adopted a second motion on the matter, proposed by the NDP earlier in the winter session, yet it has still taken until the end of March to actually begin debate on this bill.
When I met with international development stakeholders on the bill, they emphasized a significant concern about timelines, and in a few different senses. They highlighted the issue of timelines for the passage of the legislation in the hope the government will choose to prioritize it within its legislative agenda so the legislation can, indeed, move forward. The bill does need to be studied and debated thoroughly, but we are prepared to move it forward as quickly as possible, provided that sufficient time is set aside for study and debate.
While the principles are important, the bill is technically and legally complicated and does require meaningful examination, but stakeholders are not only concerned about the timeline for the passage of this bill. They are concerned about the timelines the bill would create for them in being able to get to work on the ground. Until this legislation passes, international organizations are potentially prohibited criminally from running humanitarian or development programs in Afghanistan if there is some risk of any portion of those resources eventually ending up in the hands of the Taliban.
This legislation would allow the Minister of Public Safety to grant certain narrow exemptions. From the perspective of these organizations, the legislation marks an improvement. However, the process associated with accessing these exemptions would be time-intensive and potentially highly bureaucratic, with no timeline set out. Again, it is not only about how long it takes to pass the bill, but also how long it would take organizations to be authorized to get to work.
The proposed process is that an exemption would be granted after a thorough review by the public safety minister, but only after the issue has been referred to that minister by another minister, either the immigration or foreign affairs minister, who would presumably have to conduct their own analysis. Exemptions would also have to be granted for each individual organization. If one development organization applies for and receives an exemption to operate a particular program, then another organization, running essentially an equivalent program in the same or different geographic area, would also have to apply for their own separate exemption.
There is also a great deal of uncertainty about how widely an exemption would apply. Would an organization that got an exemption to run a program in one province in one year have to apply for another exemption to extend the program, run the same program in a different province or run the program in another year? From my reading, there is a certain lack of clarity around the breadth of the exemptions that would be introduced.
Multiple organizations doing essentially the same work would each have to apply separately instead of simply being able to proceed with their work based on an exemption granted to someone else. This process seems more bureaucratic and costly than it needs to be, and it raises questions about whether the actual exemptions would be in place in a reasonable amount of time.
It also raises concerns about equity. Would the government subject certain organizations to more scrutiny than others, and would small and diaspora-led organizations be able to access these exemptions alongside larger organizations that have a longer history of working directly with the federal government?
Conservatives have repeatedly highlighted the need to ensure the inclusion of small and diaspora-led organizations in our thinking about international development. It is perhaps natural and inevitable that certain trusted partners are more likely to receive direct government funding, but it would be a grave problem if small and less-known organizations continued to face criminal prohibitions on delivering aid while larger, better-known players were given exemptions in identical situations.
It would seem reasonable for the government to establish certain general categories or situations of exemption, which would apply to all organizations, rather than only grant exemptions on an individual case-by-case basis. We will be digging more into this specific part of the issue at committee. Although we feel there is an urgency around the timeline of passing this legislation, there is also an urgency to ensure that processes are streamlined so that we can get assistance to the people who need it as soon as possible.
When I have been consulting with Canadians about this legislation, some have asked if aid should be flowing into Taliban-controlled Afghanistan at all. We know that the real cause of the suffering of the Afghan people is their Taliban oppressors. Poverty is, in this and so many other cases, the result of unjust and broken political institutions preventing people from moving forward in freedom and security. Why treat the symptom when the cause of the problem remains in place?
To that, I would say that what is true in Afghanistan is true in many places, to a lesser extent, and that is that poverty often has its roots in injustice. When people cannot borrow against their assets because they lack clear title, when a primary breadwinner faces arbitrary arrests and does not have secure access to an objective justice system, when transportation routes of goods are not secure, when corruption limits opportunities, when teenagers cannot go to school for fear of violence there or on the way, these are all too common instances in many parts of the developing world where violence causes or perpetuates poverty.
People everywhere have the ingenuity and the potential to lift themselves out of poverty if they are not held back by unjust systems that deprive them of the security, title and credit that they need to get ahead. The fight for justice and for the recognition of universal human dignity is central to development and poverty alleviation. We need to recognize this reality, but we also still need to attack poverty directly, especially in emergency situations like this.
It is not always possible to go directly to the roots of a problem. In the case of Afghanistan, by choosing to abandon Afghanistan's security and the building of just institutions, we have cut ourselves off from the ability to get at the roots of the problem, but with those bad decisions already baked in, we should still do all that we can to save lives and elevate the conditions of the Afghan people.
We should support such measures, even while recognizing that the Taliban cannot be permitted to continue to inflict its reign of terror on the Afghan people. The political problem will require an eventual solution. Delivering humanitarian assistance to Afghanistan is a necessary form of harm reduction, but we should not lose sight of the underlying injustices, political problems and of the need to look for solutions to them.
Based on this, what can we say about the future of Afghanistan? Nobody can say what surprises will rest around the corner, but the Afghan people deserve our continuing support and goodwill. Continuing contacts between Canadian organizations and Afghans in Afghanistan help all concerned to be informed and create opportunities to respond to emerging issues and dynamics.
We need to start by removing legal barriers that prevent humanitarian aid from getting in. Continuing access to food, education and other essentials will provide Afghans some space to move forward. The involvement of Canadian organizations in this effort will mean contact and two-way awareness that could turn into something else down the road.
We should retain some of the old optimism, because the intervening decades between 2001 and 2021 were not all for nothing. A new generation of Afghans has seen a different set of possibilities, and we will work together to ensure the re-emergence of those possibilities. We must still look for a way to be there for them.
At the end of the day, we know the choice that Afghans will make when they are able, because even if not with the right timelines and the right tactics, the main point was correct: “Ours are not Western values, they are the universal values of the human spirit. And anywhere, any time ordinary people are given the chance to choose, the choice is [always] the same: freedom, not tyranny; democracy, not dictatorship; the rule of law, not the rule of the secret police. The spread of freedom is the best security for the free.”
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Madam Speaker, as my hon. colleague knows, I have been a bit torn on this bill due to my own past history and involvement in Afghanistan and due to my hatred of the Taliban.
I care deeply about the Afghan women and girls and Afghans in general. I do believe we need to support this bill, but we do need to get it right.
Tied to this, though, in the Special Committee on Afghanistan, recommendation 2 talked about the importance of interdepartmental coordination. This is a good example of a bill that is coming from public safety to change the Criminal Code, but it would tie in to foreign aid, international aid and policies within foreign policy.
I would like the member to comment on the complexities of this. It would be nice to know how the government is actually going to lead this effort to make sure that, however it gets put through, it is done right.
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Madam Speaker, I think what we will hear is that there was a desire to balance the needs of security versus the needs of humanitarian organizations. It is my thought, though, that this balance is completely wrong in this case. That is proven out by what we saw from the United Nations Security Council and what we saw from the U.S., the EU, the U.K., Australia and other countries that were able to do that.
From my perspective, I feel like government members, in fact, were not open to listening to the sector. They were not open to listening to experts. I have already sent a list of my concerns to one of the ministers responsible, and I got back a comment that said, “Thanks for your advocacy.” I sent 15 questions and I got a thanks for my advocacy.
I do have to say that they are not listening to us. They are not listening to Afghans. They are not listening to experts. This should be an easy thing to do. There is support from every party. There is massive support across Canada from Canadians.
I know this is not really an answer for the member, but I do hope it gives some clarity.
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Madam Speaker, people in Afghanistan are suffering now. It is appalling that the opposition parties have been calling on the government for over 18 months to address this situation and the government just now is acting on it by presenting a piece of flawed legislation.
Timing is so essential because Afghans need help now. In this piece of legislation there is a requirement of 180 days. Does the member agree that we should amend this to reduce that to 30 days or eliminate it entirely because the help needs to be delivered now?
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Mr. Speaker, it is a pleasure to be able to rise in the House and speak to Bill C-41. I am going to be supporting this bill to get it to committee so it can undergo the vigorous review it needs to ease the concerns Canadians have. There are organizations that want to provide humanitarian assistance to Afghanistan in particular, but also to other areas of the world where terrorist organizations are in control, and they need to be able to do so without any repercussions here in Canada.
As we know, this bill would make some major changes to the Criminal Code to impact those individuals and organizations that are trying to help people who are the least privileged in the world and who are in crisis right now, especially in Afghanistan. There are over four million people who are starving. There is a lack of food and resources available to support the citizens. Those are largely women, girls and single-family units that do not have the ability to raise money.
In saying that, I want to first and foremost pay tribute to the brave women and men of the Canadian Armed Forces who served in the conflict in Afghanistan. Over 40,000 Canadians went to war in Afghanistan against al Qaeda and against the Taliban because of the terrorist attacks of 9/11. They served from 2001 to 2011, and the last of our troops came home in 2014.
We witnessed 165 Canadians die; 158 of them were brave soldiers of the Canadian Armed Forces and seven of them were civilians who were there assisting our forces, assisting the Government of Canada, working on diplomatic missions and working on things like humanitarian relief.
We have seen the consequences of that war for those who served. Thousands have come back with both physical and invisible injuries, whether it is PTSD and other operational stress injuries, or actual physical injuries, such as missing limbs. This still impacts our veteran community with a high level of suicide. Over 2,000 members were physically wounded or injured while serving in Afghanistan, and we have to continue to be with them.
I want to make the point that Canada committed itself to this war against terror in Afghanistan. It cost us in lives, we spilled blood and we spent a good portion of the treasury in fighting against the Taliban. It cost $18 billion just in military contributions, as well as in provincial reconstruction.
In addition to that, another $3.9 billion over two decades, from 2001 to 2021, was spent in humanitarian assistance building schools, building roads and infrastructure, and providing meals. We made sure Afghanistan converted from a poppy agricultural industry providing opium and other opioids on the illicit drug trafficking market around the world, to actual commodities it could trade legally in the global context that would provide a better, more sustainable way of life.
However, here we are today with an illegitimate government led by Taliban leaders who were complicit in the crimes against humanity that we witnessed before 2001 and that they are now undertaking today in Afghanistan. There are an illegitimate prime minister, Mullah Mohammad Hassan Akhund, and supreme leader, Mullah Haibatullah Akhunzada. These are people who helped orchestrate attacks against our own soldiers and our own civilians working in Afghanistan.
They have banned girls and women from going to school. They have taken most women out of the workforce so they are unable to provide for their families. They have reinstated the mandatory wearing of the burka, and other very misogynistic and chauvinistic policies that continue to trample on the rights of women, minority groups and minority religions.
We know that the Taliban today is actively hunting those Afghans who worked alongside our Canadian Armed Forces as interpreters, truck drivers and support workers in our military bases and forward operating locations throughout the Panjwai district where Canada served, and in Kandahar. Something we need to remember is that those we fought against are again back in control. We all saw on TV how it played out in 2021, as Afghans ran to planes to get out of the country, climbing aboard wherever they could. They were begging us to come back and begging Canada, the United States and others to come get those who wanted to go to our countries.
We knew this was coming as well. We knew that the U.S. had announced it was going to do its drawdown in 2021 when it announced it the previous year. Global Affairs Canada was raising this with the Minister of Immigration, Refugees and Citizenship, saying that we had to act to get our Canadians, as well as our friends and allies, out.
It was not until the actual collapse of Kabul started that we finally saw some action. The first to come out was our diplomat corps, on a half-empty airplane. It was a disappointment for all Canadians and an embarrassment for the government, that we could have saved more and decided not to.
Over 17,000 Afghans who served with Canada made application to come here. Over 11,000 of them have been approved, and over the past three years, about 9,500 have been able to make it to Canada. A lot of us, in our offices, continue to advocate and find ways out for those who served alongside our forces. We had some luck a couple of weeks ago in having another Afghan interpreter get to safety here in Canada, but the support in Afghanistan from the government is non-existent.
We know that these Criminal Code amendments are necessary to ensure that those out there wanting to do God's work in Afghanistan would not be turned into people who are considered complicit in terrorism. We want to make sure that organizations like World Vision, the Red Cross and Red Crescent are able to go out there and help those in need without having to worry about whether they are going to be charged back here in Canada.
However, we have to be diligent, and one thing we need to find out through committee study is how the government would continue to monitor the situation. How would the government decide whether organizations are being coerced or are having to pay big bribes to the Taliban and other terrorist organizations around the world and essentially redirect money that would help the terrorist activity, the human rights violations and the atrocities that we, all too often, are witnessing?
We have to be diligent and vigilant in making sure the government and the department are continuing to oversee this. As we look at Bill C-41 and start providing exemptions for different organizations and individuals, we have to go into this with eyes wide open. We have witnessed other terrorist organizations raising money here in Canada. Hamas, Hezbollah and ISIS all have been able to raise funds in the past to fund their terrorist activities around the world, so we have to be very diligent.
The House of Commons passed a motion unanimously in 2018 recognizing the IRGC, the Islamic Revolutionary Guard Corps in Iran, as a terrorist entity. If the Government of Canada would finally list it as a terrorist organization, we could also make sure it could not raise money here in Canada now that it does actually have assets.
Though I support getting this bill to committee and making sure we provide relief to those who need it the most, the most disadvantaged people in the world, we also have to be extremely critical in our analysis at committee to ensure that those who want to have other nefarious means do not exploit this for their own terrorist ideologies.
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Madam Speaker, I am pleased to rise in the House today to speak to the legislation that was introduced by my colleague, the hon. Minister of Public Safety. As the Parliamentary Secretary to the Minister of Immigration, Refugees and Citizenship, I know our team needs to work closely to keep Canadians safe while also responding to the humanitarian crisis and bringing people to Canada.
In response to the situation in Afghanistan, Canada has acted to support the many women and girls, members of the 2SLGBTQI+ community, human rights defenders, journalists, and ethnic and religious minorities who face oppression, persecution and violence from the Taliban.
It is not an overstatement to suggest that coming to Canada is a second lease on life for some of the world's most vulnerable people.
We made it a priority to resettle the Afghan nationals who supported the efforts of Canada and its allies during the mission in Afghanistan, along with their families. We are deeply committed to our goal of bringing at least 40,000 Afghan nationals to Canada by the end of 2023. We are proud to say that this is one of the most substantial commitments of any country in the world, and we are well on our way to meeting it.
Afghanistan represents one of the largest and most difficult resettlement efforts in Canada's history. The challenges of this resettlement initiative are unlike any other we have faced, starting with the chaos that ensued as the Taliban closed in on Kabul and the bombing of innocent women and children who gathered at the airport to flee the country.
The international withdrawal of military and diplomatic missions left little to no capacity to support the special immigration measures we had created for Afghans in Afghanistan. There are significant challenges in conducting immigration activities and finalizing applications in Afghanistan. That is why Afghans need to travel outside Afghanistan to neighbouring countries before their applications can be finalized. Once in these other countries, what we refer to as third countries, immigration processing can be completed and travel onward to Canada can be arranged.
There are also significant challenges involved in supporting Afghan movement, both to neighbouring countries and onward to Canada. Our government has been doing everything within our control to tackle these challenges head on. To mitigate against some of the obstacles, we have been working with NGOs and other organizations in the region to support these activities. That said, we have not let the barriers that the Taliban have thrown up to the international community stand in our way. To date, nearly 30,000 Afghans have been successfully resettled here in Canada.
These people are Afghan nationals who collaborated on our mission in Afghanistan by working as interpreters, or in other roles, and their families, women and girls who are under the threat of renewed oppression and members of other ethnic and religious groups who are victims of persecution.
In Canada, these Afghan nationals will be able to feel safe after experiencing horrible trauma. I have to say that this is one of the most difficult tasks I have undertaken in my career, but also the most rewarding. As a parliamentarian and a Canadian, I am proud of what we have accomplished.
While there are many people in Immigration, Refugee and Citizenship Canada and other departments working every day on this challenge, all members of Parliament could be proud of the role they play in supporting vulnerable Afghans and providing them with a new home. This can, in fact, be something that all Canadians can be proud of. Canada has stood with those who face oppression and persecution. We have worked to bring them here to provide them with a new home and support their transition to a better life in Canada.
I want to tell the House about one inspiring woman in particular. Her name is Maryam Masoomi. She grew up in Pakistan and Afghanistan, studying at a progressive school that championed education for women.
She worked in media and was the leader of an all-female music group called Sounds of Afghanistan in Kabul. Her songs about education, peace and women's empowerment put her life in danger when the Taliban seized control. If she had stayed in Afghanistan, Maryam would have faced a world where she was not permitted to study, work, sing or even leave the house without a male family member. As a member of the Hazara, an ethnic minority persecuted by the Taliban, and given her progressive education, she would have been the target of threats, abuse, forced marriage and possibly even execution.
She left her homeland, facing dangerous Taliban checkpoints, and she was able to escape with the help of the 30 Birds Foundation. Today, she hosts a radio show in Saskatoon called Kabul Jan, which features music from Afghanistan. She is able to once again perform music. She participated in a special day celebration in 2022. She is also a youth program facilitator at the Saskatoon Open Door Society, which helps other newcomers settle in and integrate into Canada.
Thousands of women like Maryam are given a second chance thanks to Canada's efforts. Canada has done a lot of good work and is still helping Afghans to come and settle here, but we are facing significant obstacles.
The language in the Criminal Code is very specific. As it is presently written, no one can make or authorize payments knowing that they may be used by, or benefit, the Taliban. To do so would risk contravening the Criminal Code's counterterrorism financing provision. As it is written, it is an effective tool for combatting terrorism, but it could impede the provision of much-needed humanitarian assistance and immigration services in a geographic region controlled by a terrorist group. This could involve anything from paying transportation costs, taxes, government charges or other fees.
Any Canadian or person in Canada making or authorizing such payments would risk contravening the Criminal Code's counterterrorism financing provision, given that these payments may be used by or could benefit the Taliban. As the Taliban controls the government, it is now benefiting from taxes, import tariffs and administrative fees. These fees are hard to avoid when supporting critical immigration processing and the movement of people out of Afghanistan.
The bill introduced by my colleague constitutes a reasonable and practical approach that keeps in place strong provisions to fight terrorism, while addressing one of the main obstacles to carrying out immigration activities within Afghanistan.
The proposed changes would facilitate the movement of vulnerable Afghans to a third country where it would be possible to continue the immigration process.
These changes would also give us the ability to respond to other similar situations that might arise, so that Canada's humanitarian response can be fully executed, no matter where in the world we find ourselves responding next. To do this, the legislation creates an authorization regime to facilitate the delivery of international assistance and immigration activities in geographic regions controlled by terrorist groups.
This authorization regime establishes a process whereby individuals and organizations, including Government of Canada departments, must submit an application in order to be authorized by the Minister of Public Safety to carry out specific activities. Accordingly, applicants will be protected from any criminal responsibility in the event that they carry out activities, including financial transactions, in countries or regions under terrorist regimes.
These efforts are aligned with the recommendation of the Special Committee on Afghanistan.
I would like to take, actually, a brief moment to thank all of my colleagues and all of the witnesses who contributed to the special committee work. These efforts led to important recommendations and the final report. More specifically, the report recommends that we “act immediately to ensure that registered Canadian organizations have the clarity and assurances needed–such as carve-outs or exemptions–to deliver humanitarian assistance and meet basic needs in Afghanistan without fear of prosecution for violating Canada’s anti-terrorism laws.”
The report also recommended, “Canada review the anti-terrorism financing provisions under the Criminal Code and urgently take any legislative steps necessary to ensure those provisions do not unduly restrict legitimate humanitarian action”.
Certain obstacles, such as Taliban exit requirements, access to Afghan passports, restrictions on the movement of women and girls, and entry and exit requirements in third countries, will continue to pose challenges. That said, the proposed legislation would provide an impactful tool to help Canada bring vulnerable Afghans to safety.
I hope that members of the House welcome this bill and work together to expedite it. We must come together so we can continue our efforts to help some of the world's most vulnerable people, such as women and girls who face oppression find a new life here in Canada, Afghans who helped us during our mission in the country, female judges who convicted Taliban fighters and need to flee the country, and former legislators and journalists who continued to stand up every day to bravely fight for the rights of women and girls.
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Madam Speaker, the hon. member raises a very good point. We did not expect the Taliban to overtake the government as quickly as it did, but I am very proud of the fact that since then, although we had a significant amount of obstacles facing us, we were able to bring almost 30,000 Afghans to Canada. I have had the pleasure, throughout the past year, to meet and talk to many of the women and girls who have now come to Canada.
I cannot anticipate how this debate will go, but I would urge members of the House, based on recommendations that were part of the special committee's report, to come to the table and pass this bill as quickly as possible.
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Madam Speaker, let us be clear. Essentially, Bill C-41 is about finding mechanisms to allow trustworthy organizations to go and help the local population.
A large part of the parliamentary secretary's speech was about the welcome that Afghans have received in Canada, but now we are talking about ways to help the locals. For example, under the current laws, the Red Cross cannot go into Afghanistan to help.
Does the parliamentary secretary really believe that Bill C-41 strikes the right kind of balance between sanctions against terrorists and exceptional humanitarian assistance measures?
Many organizations, as well as the opposition parties, have intervened to say that they are very concerned that the bill does not strike that balance.
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Madam Speaker, I want to be very clear. In 2021, no one anticipated the fall to occur that quickly. We also need to be very candid here in saying that the government made a huge commitment in actually bringing at least 40,000 Afghans to this country. We are very near 30,000.
As this bill is being proposed, and we are engaging with all partners and all NGOs, we certainly want and hope that the House will pass this bill as early as possible and will be as quick with the review process that my hon. colleague is alluding to.
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Madam Speaker, as I said, the efforts Canada made certainly resonated in the international world, but we also know there were challenges and obstacles along the way. I represent a beautiful riding called Orléans, which has a very large Afghan community and also has active military persons and military veterans.
Canada stood tall. We committed to not 20,000 but at least 40,000 Afghans coming to Canada. With all the obstacles we faced, we have close to 30,000 Afghans here in Canada. This bill would continue to help support not only the humanitarian efforts but also the movement to a safe passage of those who are the most vulnerable. We want to bring them here to Canada.
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