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Decentralized Democracy

Hon. Arif Virani

  • Member of Parliament
  • Minister of Justice Attorney General of Canada
  • Liberal
  • Parkdale—High Park
  • Ontario
  • Voting Attendance: 64%
  • Expenses Last Quarter: $120,537.19

  • Government Page
  • Mar/21/23 10:55:20 a.m.
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Madam Speaker, I thank the member for starting this debate. I think the level of sarcasm in his intervention is beneath him as a parliamentarian, but I will put that aside. With respect to the question that was raised, substantively, on the issue of this debate, it is important that we take evidence and information from all parties, whether that is the leadership that is being shown by the Americans, by the European allies or folks in the South Pacific, like Australia or New Zealand. It is important to aggregate as much information as possible, to learn what actions are being taken by other governments abroad and to see if we can work with that. On the eve of, or a few days before, a visit by the President of the United States to this august chamber, I think it is incumbent upon us to be consulting with our American counterparts about this and many other issues, specifically as they relate to the Indo-Pacific.
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Madam Speaker, it is an important issue, as I mentioned in my earlier intervention, that is being discussed today, and it was raised at the trade committee prior to this. When we talk about the Xinjiang integrity declaration, we are speaking about the issues regarding goods whose provenance originates in a particular part of the People's Republic of China, known by locals as East Turkestan and by the PRC government as Xinjiang. The notion of the integrity declaration is to ensure that the provenance of goods that are coming from that particular area does not originate in forced labour or even slave labour, as has been mentioned by some members opposite, specifically on the part of Uighurs. This is a significant concern, not just for the Government of Canada but for our allies and many liberal and democratic nations around the planet, as it should be. I think the awareness of Canadians and folks around the planet has been accentuated in recent years with the rise of more strident policies on the part of the People's Republic of China and the Communist Party of China. That is the scope of what we are discussing right now. It is about the declaration itself and what actions are being taken under the declaration. In order to contextualize the discussion, we need to understand the evolving approach to the People's Republic of China itself. The People's Republic of China is under President Xi, who, as we speak, is visiting with Vladimir Putin, of all people, in an effort to address and shore up the alliance between Putin and Xi. That is a cause of concern for all right-thinking and democratically oriented governments around the planet, particularly those that oppose an illegal and unjustified invasion. That gives us a sense of where President Xi is in terms of overtly aligning himself with the policies of Vladimir Putin. Those policies include policies of aggression. We are seeing Putin's aggression vis-à-vis Ukraine. We are seeing an aspiring, more aggressive, imperial-based Chinese policy, in terms of potential ambitions with respect to the island of Taiwan, the way China has treated Tibetans in the last 63 years, and the treatment that is being meted out toward Uighurs. With respect to our policy as a government and as a Parliament regarding this part of China and the position we are taking, I would say we need look no further than the things that have been passed on the floor of this chamber. I am speaking of a motion, about 12 to 18 months ago, with respect to labelling what is transpiring in Xinjiang with the Uighurs as a genocide. That is a very significant conclusion to be drawn by parliamentarians. It is something that parliamentarians voted on in this chamber, and it is an accurate depiction, if the evidence is borne out from what we have thus far. We know that those factual elements that have been laid out, if proven, would demonstrate genocide in terms of international law. That is a significant aspect to consider. About six weeks ago, we passed yet another motion, entirely unanimously, in this chamber to again address the Xinjiang region. What I am speaking of is a policy and a motion that was presented by the member for Pierrefonds—Dollard, if I have that correct, who is also the chair of the Subcommittee on International Human Rights. It is the idea that, with respect to Xinjiang, what we need to be doing as a government and as a nation is ensuring that individuals who are fleeing that type of persecution have a safe haven here in Canada, and bringing as many as 10,000 Uighurs to this country by 2024. That is a very significant step in the right direction in terms of taking a position as a Parliament and as a government toward the human rights violations that are occurring in the Xinjiang region. Members heard me outline in my original intervention that we have also taken a very significant orientation shift with respect to our foreign policy. I am talking about the Indo-Pacific strategy. We can talk about what the Americans are doing with their Indo-Pacific economic framework, the IPEF, as it is called in the United States. Canada, the United States and many other nations are veering their orientation and foreign policy that is geared toward Asia away from China and its strident, aggressive policies, including its human rights violations, and toward other nations. The Indo-Pacific strategy is a classic example of that. Why do I raise this in the context of Xinjiang? It is because the Indo-Pacific strategy speaks directly to this very issue. What am I speaking of? There are several pages dedicated to Canada's eyes-wide-open understanding and approach to China as a strident and more assertive, disruptive nation. What the Indo-Pacific strategy outlines is that with respect to China, what we will do is be more clear, articulate and transparent about holding China accountable for various human rights violations. I am speaking of the Tibetan Canadians whom I represent and their Tibetan counterparts who remain in the Tibet Autonomous Region, and the human rights violations that have occurred since 1959, and before 1959, with respect to that community for the last 64 years. That is important to underscore in terms of their religious freedom, linguistic freedom and cultural freedom. We are talking about things such as Hong Kong democracy protesters and what has been transpiring over the last two or three years in terms of Hong Kongers daring to rise up and speak out against legislative policy that would restrict their freedom of expression. We are talking about individuals, such as those on the island of Taiwan, who fear for their physical safety and their survival as an independent nation among the community of nations. We are talking about Uighurs who come from East Turkestan, also referred to as Xinjiang by the People's Republic of China, and their rights to physical safety, religious freedom, cultural freedom and cultural liberties, of which they are being deprived in the People's Republic of China as we speak. Those positions, those components are articulated in our Indo-Pacific strategy, and I think that is important because it shows the orientation of the government vis-à-vis China, and Xinjiang in particular. Some of the contributions to the debate thus far by the members opposite have included criticisms, indeed in some respects accusations, that the Government of Canada is not raising these concerns with sufficient alacrity, sufficient clarity or sufficient repetitiveness or comprehensiveness, including in international dialogue. Nothing could be further from the case. I know with absolute clarity that the issue of Chinese human rights violations, whether it is with respect to Uighurs, Tibetans or Hong Kong democracy protesters, is articulated at every instance and at every available opportunity by representatives of the Government of Canada, including at bilateral and multilateral meetings, and multilateral forums. I will give a case-in-point example in which I participated. In February, the OECD held an annual forum on responsible business conduct, which is exactly what we are talking about in this context, and that is about the conduct and comportment of enterprises that operate outside of one's borders. At that forum, I was there as the head of the Canadian delegation, representing the Minister of International Trade, and I went to specific lengths to articulate the positions we are taking as the Canadian government with respect to responsible business conduct. I articulated, specifically, references to the Indo-Pacific strategy and the very Xinjiang integrity declaration that is the subject of this morning's discussion. That prompted a very strong and firm response by the Chinese delegation that was present at those Paris meetings, who effectively indicated as follows. They told me, in good French, that I was telling lies. They indicated that I was effectively lying about the state of play in the People's Republic of China. I was not lying when I was articulating, in an open international forum at the OECD, China's track record of violating the human rights of Uighurs, Tibetans and others, particularly with respect to people who originate from Xinjiang. The fact that those instances are being articulated by the Canadian government should give some comfort to those in this chamber who would argue that we need to be doing more of this. We are doing it. We will continue to do it. We will continue to do it in as many forums as possible. We have to understand the approach toward Xinjiang within the broader context of our approach to labour issues. This has come up about forced labour in the supply chains, a critical issue. The issue of potential slave labour being in supply chains is also a very critical issue. Canadians need look no further than the mandate letters, which we publish as a government, that are given by the Prime Minister to different members of cabinet. Canadians who are watching right now could look clearly at the mandate letter that has been provided to the Minister of Labour. The Minister of Labour's mandate letter articulates and provides a direction from the Prime Minister for him to work on a comprehensive piece of legislation that would work to eradicate forced labour from Canadian supply chains. That is something that the minister has been mandated to work on, something that he, his political team and his departmental team are working diligently on. That would include things such as a due diligence standard, standards that Canadian enterprises need to operate under, and also repercussions for transgressing those standards, including for not rooting out forced labour in supply chains. We have heard a little about Bill S-211, which is being sponsored in this chamber by the member for Scarborough—Guildwood, who has served in this chamber for about seven terms. It originates in the other chamber, in the Senate, from Senator Miville-Dechêne. Bill S-211 and the mandate given for government legislation to the Minister of Labour demonstrate our government's commitment to eradicating forced labour from our supply chains. While we are looking at this, it is also important to understand the international context, and the international context is a wide one. In meetings at the OECD, I talked to the actual governmental representatives of about four different nations that have launched into this area of eradicating forced labour from supply chains. People talked to me quite candidly about what is working in northern Europe, what is working with respect to the U.K. Modern Slavery Act and where things could be tweaked. They talked about how the Dutch, the Germans and the French, for example, are approaching it. These are important conversations that we are having, because what we seek to do with our legislation in Canada is to adopt an international best practice, to pick and choose what works in different jurisdictions and to improve on where there may be obstacles, errors or challenges that those other jurisdictions are coming up with. That is to indicate to Canadians who are watching today that the idea of eradicating forced labour in supply chains is an important one, but it is also a complex one in terms of getting it right. It dovetails with things such as the size of the company, what companies the due diligence standards apply to and what the penalties are on the back end with respect to those companies. When we look at eradicating forced labour from our supply chains, we need to zoom out to see what we are doing to ensure proper and responsible business conduct. I will point to several things. We launched the responsible business conduct strategy in April 2022. On behalf of the Minister of International Trade, I was there to launch it with a whole host of civil society organizations. They were very keen to see what we were doing to ensure that Canadian entities working abroad are acting and behaving responsibly and that they are complying with the law and with Canadian values. Those include things like an attestation clause, which is attached to our responsible business conduct strategy, for Canadian enterprises that are going to work abroad or in various parts of the planet. In order to avail themselves of things like the trade commissioner services and of the very hard-working Canadians who operate in 160 offices around the planet to help Canadian enterprises do business in all four corners of the globe, those entities need to attest formally, in documentation, that they will abide by Canadian values, norms and laws, and also abide by international norms, guidelines and statutes in the locations where they will be doing the work. That is important and it should go without saying. However, by having a quid pro quo, meaning that without the attestation the entities do not avail themselves of trade commissioner services, we are putting teeth to the notion that Canadian enterprises must conduct themselves responsibly when they work abroad. These are very critical. As part of the responsible business conduct strategy, we are also developing a due diligence standard, which also dovetails with the work that has been taking place at the Minister of Labour's offices. There is also a whole host of legislative tools that we have implemented. The list of legislative resources is quite in-depth. We passed legislation that deals with the corruption of foreign officials. It should go without saying, but one cannot be engaged in corruption of foreign officials and in bribery acts when one is a Canadian entity operating abroad. We passed legislation, the Extractive Sector Transparency Measures Act, that deals with one of Canada's great fortes, which is our mining expertise and our mining know-how in Canadian mining operations operating abroad. In the extractive sector, there must be transparency that is informing the conduct at all times of Canadian entities that are operating abroad. We passed the Customs Tariff Act amendment, which deals with the entities that would be brought into the country. Directly relevant to the issue that has been raised in today's debate, it is about goods that are being brought into the country and that they must abide by the Customs Tariff regulations and amendments. We put this in place to guard against human rights violations on the part of goods that are entering into the country. We created the Canadian Ombudsperson for Responsible Enterprise. We created this entity in our first Parliament as a government, circa 2018-19. This is the only office of its kind on the entire planet. To purport, as the members opposite have, that we are not showing leadership on responsible business conduct abroad is categorically false. The creation of a Canadian Ombudsperson for Responsible Enterprise, whose annual report I tabled moments before this debate started this morning in this chamber, demonstrates what we are doing as a government. We put money where our mouth is to create, fund and staff that office with personnel so they can examine critically the conduct of Canadian enterprises abroad and the kinds of norms, rules and values that are being observed by those enterprises. We heard interventions by the New Democratic member two or three times in this morning's debate about the garment industry. In regard to that, the Canadian Ombudsperson for Responsible Enterprise, pursuant to her own mandate, initiated a study of the garment industry and Canadian enterprises operating in locations like Bangladesh. That is specifically the work that we feel needs to be done. It is being done right here in Canada, by virtue of legislation that we passed, in an office that we created and that we staffed. Again, this is the only country on the planet that has such an entity. That is critical initiative and critical leadership. Regarding legislative initiatives, we also legislated UNDRIP and passed it. We have abided by UNDRIP, we have ratified UNDRIP and we have passed legislation that relates to UNDRIP. Why is UNDRIP related to issues of conduct abroad? One cannot deal with responsible business conduct abroad without understanding the impact enterprises have around the planet. Let us pick a continent, such as Asia, South America or Africa. There are indigenous communities all over the planet affected by the conduct of Canadian enterprises. Let us pick a sector, such as the mining sector, the garment sector, etc. When indigenous communities are affected, we have responsibilities, pursuant to UNDRIP, that inform what can and cannot happen vis-à-vis those indigenous communities. Those communities can and should be availing themselves of the benefits from the resources being extracted from the wealth that is on their land. That is an important legislative component that has not been mentioned by the member opposite in raising this issue of debate. There are also international commitments that we have not only led on, in terms of signing onto, but that we have also worked to further. I will just raise four. There are the UN guiding principles with respect to responsible business conduct. There are the OECD guidelines on responsible business conduct, which were the subject of the conference I attended in Paris in early February this year, regarding how businesses must comport themselves when they are operating abroad. My NDP friends will be keen to know that we are very active regarding international legal organization guidelines that dictate labour norms and labour conventions with respect to how businesses must operate and what kinds of protections they need to observe when they are operating abroad. We also have been in the forefront of advocating for sustainable development goals and meeting those sustainable development goals at an international level. The last piece I will speak to is an industry component of industry leadership on the part of Canadian entities taking the reins themselves. I will point to, as one example, the Mining Association of Canada's “Towards Sustainable Mining”. It is called the TSM initiative, in the vernacular in the industry. TSM is something that has been adopted by nine countries around the planet, so far. It is looking at adding four more. At the PDAC conference that I just attended in Toronto, which is the biggest mining conference of its kind in the world, that initiative was touted by all of the nations that were there. Many nations were expressing interest in participating in it. This is to demonstrate to Canadians that there is not only a component of what good government is doing and what Parliament is doing, but there is also a component of what industry is doing to ensure that the conduct of its enterprises operating abroad is clear, accountable and transparent with respect to human rights. Let me bring this back to the Xinjiang integrity declaration. One thing that I agree on with the members opposite in raising this issue of debate is that it is an important declaration and an important. Expedited work needs to be done with clarity on this issue and act on the declaration itself. That is an important initiative, and we need to show leadership not just in creating the declaration but also in acting on the declaration and working to ensure that goods coming in from that part of China are not tainted by the scourge of forced labour, including Uighur forced labour. That is one of the reasons I decided to run for office and stand in the House eight years ago. It is about taking a human rights lens and applying it to the various policies of the Government of Canada. I felt that it was something that was sorely lacking in the previous government. I will acknowledge that some of the legislative measures, including, I believe, the issue about the extractive sector transparency measures, were enacted by the previous government, so there were some good initiatives made by the previous government. Since 2015, we have taken that ball and moved it significantly forward by creating the CORE, creating the customs tariff amendment, passing UNDRIP and launching a new responsible business conduct strategy. That is the work I am committed to continuing, with the help of all parliamentarians in the House, to ensure that initiatives like the Xinjiang integrity declaration are fully fulfilled.
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  • Oct/24/22 8:12:01 p.m.
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Mr. Speaker, I will be sharing my time with the member for Pierrefonds—Dollard. Today is Diwali. I want to first of all wish my wife and two boys, who are celebrating tonight in Toronto, a happy Diwali. Diwali is the festival of light. It is the triumph of light over darkness. When we talk about light over darkness, I think that is actually an apt metaphor for what we are talking about today. We are talking about shedding light on a global situation that has thus far not garnered enough international attention from western governments, literally across the board. I am speaking about the debate we are having this evening about the deplorable human rights situation of Uighurs and other Turkic Muslims in East Turkestan. I use that term quite deliberately, because part of the propaganda exercised by the People's Republic of China is to refer to this area as Xinjiang or the Xinjiang Uyghur Autonomous Region, but for the folks who live there and have made it their home for many years, it is known as East Turkestan. The situation is outright deplorable. We have heard commentary in this vein thus far in tonight's debate. It is an outright attack on religion under the auspices of rooting out extremism. We have heard reference to the subcommittee on international human rights, and I want to go to a report that was done not one Parliament, but two Parliaments ago by that subcommittee. It was rendered on December 19, 2018, by the subcommittee on international human rights. I am going to read part of a section of the report that talked about what was taking place. This was four years ago, and we know that the situation has only worsened since. In section A, paragraph 3, the report reads: While prohibitions on outward displays of religion had formerly applied only to public sector workers and to students, “now, an entire religion is criminalized.” Witnesses described prohibitions on a wide array of religious practices or expressions of Islam through anti-terror legislation. This includes a prohibition on facial hair and religious clothing. Individuals with names bearing religious significance have been forced to change their names. Qurans, religious literature and prayer mats kept at home are confiscated. Keeping Islamic dietary practices is prohibited. Halal signs are now illegal, and restaurants must stay open during Ramadan. It is also prohibited to teach Islam to children. Individuals have been detained for praying five times a day and for circulating religious text among family. Most mosques have been demolished; the Muslim call to prayer is no longer heard. Effectively, outward displays of faith among Uyghurs, Kazakhs and other Turkic Muslims in the XUAR have effectively stopped. I read that out in its entirety because it carries a lot of impact in terms of helping members of this House to understand and in terms of helping Canadians watching these parliamentary proceedings to understand exactly what is transpiring. Again, this report was rendered at the end of December 2018. We understand this attack on Muslims in the People's Republic as part of a broader sweep of attacks. I am sure that if they have not come up yet, they are going to come up in the context of tonight's debate: attacks on Hong Kong democracy protesters, attacks on people who dare to practise Falun Gong and are members of Falun Gong, attacks on Tibetan Buddhists, of whom I represent several thousand in my riding of Parkdale—High Park, whose linguistic, religious and cultural traditions are being repressed and actively attacked. That has been the status quo since 1959. The repression of Tibetan religious practices dates back over 60 years. The repression, in its acute form, of Uighur Muslims dates over the last 20 years, also outlined in that subcommittee report. What is interesting is that it also spills over, so we are not talking just about an internal domestic situation within the People's Republic of China. There is pressure exercised on nations that are largely dependent economically on China to deport Uighurs back to the PRC, so they can effectively undergo persecution under the guise of re-education. There is targeting of Uighurs here in Canada, Uighurs like Mehmet Tohti, whose name has been mentioned before, who dare to speak up or to try to reach out and contact their loved ones, who have effectively disappeared into camps in China. There is the targeting of others here, such as Tibetans, some of whom are my constituents. One of them, whom I want to mention by name, has decided not to be silenced and not to let attacks or surveillance or harassment or bullying diminish her voice. In fact, that woman, even today, is running for municipal office in the city of Toronto. Her name is Chemi Lhamo. She is a former intern who served in my office. She is a very proud Tibetan Canadian and a very strong advocate. I salute her for having the courage to not be silenced but to continue to advocate for the causes she believes in and for seeking public office this very evening through a city council seat in Parkdale—High Park. The human rights violations also raise grave concerns because they harken back to a different time. What am I speaking about here? I am speaking about the massive detention camps that we have learned about through human rights accounts, through parliamentary studies and through the debates that are entering this chamber this very evening. These detention camps are occurring as we speak in the People's Republic of China, housing, by some accounts, hundreds of thousands of Uighurs. By other accounts, over a million Uighurs are being housed in these detention camps. People have used the term “concentration camps”. That harkens back to only one thing for every one of us in this chamber. That harkens back to World War II Europe and the devastation and horrific human rights abuses that were wrought by the Third Reich at that time, yet that is what we are talking about in 2022 on this planet in a country in Asia in the People's Republic of China. What is taking place in these camps? Again, I am going to go back to this report. I am in chapter C, paragraph 17. It talks about these camps, political re-education camps. A witness named Mr. Byler described sessions where detainees were forced to publicly denounce their past crimes such as studying the Quran, learning Arabic or travelling abroad. Those who did not fully comply faced harsh punishment, including psychological measures designed to break the detainees, including the targeting of their families, their masculinity or forcing them to eat pork. I want members to digest that. I apologize for the pun, but it is the idea of openly violating a person's religious traditions in the name of re-educating someone out of their Islamic practices, in violation of strict religious dietary laws. The punishments include beatings, stress positions and isolation. This is what is transpiring right now. This is what we are speaking about. In these final few minutes, I want to talk about the reproductive rights of people in East Turkestan. We have heard about forced sterilization. Forced sterilization and, indeed, forced abortions were cited by the UN Office of the High Commissioner for Human Rights in a report that is dated this year, August 22, 2022. What they talk about is forced sterilization. We have heard about the definition of genocide. I am going to cite it now. I do this having been a UN war crimes prosecutor on the Rwandan genocide. I think it is important to turn back to how genocide is defined. A genocide is defined in the UN convention under article II as “any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group” and then it lists five different indicia. The fourth is “Imposing measures intended to prevent births within the group”. There is only one way to characterize a forced sterilization or a forced abortion. The rates of population growth among Uighurs in East Turkestan are one-sixth of what they are in the rest of the People's Republic of China. We know what is going on. If that can be proven as evidence and successfully prosecuted, that amounts to genocide. That is why this debate is important. That is why what this motion calls for is important. Let me finish on this motion because it calls for understanding the pressure that Uighurs in third countries are facing in terms of their fear of deportation and making sure that Canadian immigration measures are supple and flexible enough to accept these individuals. I say this quite emotionally. We heard the member opposite talk about those who have faced safe haven or received safe haven in this country. I include myself among those persons. Fifty years ago, I came here as a Ugandan Asian refugee at the age of 10 months, fleeing the persecution of a guy named Idi Amin Dada, who decided that there was no place for Asians in Uganda at that time. If Canada did not open its doors then, I would not be standing here today. Canada has a moral duty and an obligation to ensure we continue that humanitarian tradition. Doing so through immigration measures, such as those being proposed today, is one way we can do exactly that and show the world that the persecution being faced by Uighurs and other Turkic Muslims in the People's Republic is unjust and cannot be countenanced. To go back to the metaphor of light over darkness, that is the light that we need to shine today.
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