Canadian Foreign Minister Francois-Philippe Champagne attends a news conference during an official visit to Switzerland at the Von Wattenwyl Haus, in Bern, Switzerland, Monday, Aug. 24, 2020. THE CANADIAN PRESS/AP, Anthony Anex, Keystone

Canadian Foreign Minister Francois-Philippe Champagne attends a news conference during an official visit to Switzerland at the Von Wattenwyl Haus, in Bern, Switzerland, Monday, Aug. 24, 2020. THE CANADIAN PRESS/AP, Anthony Anex, Keystone

Indigenous genocide finding hangs over Canada’s Myanmar court intervention

More than 850,000 Rohingya Muslims have fled Rakhine state after being targeted by Myanmar security forces

Cries of the pot calling the kettle black are emerging after Canada joined an international genocide lawsuit against Myanmar, because the national inquiry into missing and murdered Indigenous women and girls said Canada’s Indigenous Peoples are genocide victims.

Canada and the Netherlands announced with great fanfare this week that they were joining the genocide application launched by Gambia against Myanmar at the International Court of Justice in The Hague as interveners.

Gambia filed the case last fall on behalf of the 57 Muslim countries in the Organization of Islamic Co-operation under the 1948 Genocide Convention.

More than 850,000 Rohingya Muslims have fled Rakhine state after being targeted by Myanmar security forces, who killed thousands while burning villages and engaging in ethnic cleansing and gang rape.

Foreign Affairs Minister Francois-Philippe Champagne and his Dutch counterpart Stef Blok said their countries were joining the case to assist Gambia with “complex legal issues” in the case.

But Bruno Gelinas-Faucher, a University of Montreal international law expert who has worked at the ICJ, said Canada’s presence could cause delays and complications for the Gambian case because of an international legal axiom known as the “clean-hand” principle.

“There’s a risk for Canada to be perceived as adopting a contradictory position of leading a very active foreign policy based on prevention of genocide abroad, and at home, not responding to fully for the calls for justice made by the (inquiry),” said Gelinas-Faucher.

“I think there is a very important element for Canada not to be seen as putting forth this contradictory position in the world, and to be coherent — have a coherent foreign policy that is in line with its domestic policy as well.”

Gelinas-Faucher said it is likely Myanmar will raise the Canadian genocide finding in legal arguments that would seek to block Canada from gaining standing in the case. He said that could further brake the already slow-moving wheels of the international court and delay the case for as much as a year.

In June 2019, the landmark Canadian report on the victimizing of Indigenous women issued more than 200 recommendations and declared that violence against First Nations, Metis and Inuit women and girls was a form of genocide as that the crisis was “centuries in the making.”

Champagne said in an interview that he’s not concerned about Canada’s position on Indigenous issues at home, and that he is content to let “legal experts debate legal issues.”

“This is not about Canada. This is about genocide committed in Myanmar, and therefore I think Canada has every right to be standing side by side with a country like The Gambia, which is taking the leadership position and being supported by countries like the Netherlands and Canada,” Champagne said.

Another leading international legal expert said Canada has little to worry about, and that it should be joining the case against Myanmar.

Errol Mendes, a University of Ottawa international law specialist who has served as a United Nations adviser, said there is much to distinguish Canada from Myanmar on the question of genocide.

“I hope our many attempts to reconcile with our Indigenous Peoples will set us apart from the type of actions in Myanmar that we have not seen since the Nazi regime, the Rwanda genocide and the Bosnian genocide,” said Mendes.

“We are far from angels, but hopefully we are not in the same league of those that were involved in these genocides.”

Canada also brings a lot of international expertise to the case because it helped create the Rome Statute that established the International Criminal Court, said Mendes.

“We helped develop the Statute of the Court that includes express provisions on gender violence and rape as indicia of genocide,” said Mendes, which he said is relevant in the case against Myanmar at the separate International Court of Justice because of the allegations of sexual violence against its military.

Gelinas-Faucher said Canada’s feminist foreign policy does leave it well-suited to add value to the case against Myanmar. But the government will have to take concrete action to address the domestic genocide allegations contained in last year’s inquiry report.

“It has to show clearly its commitment to implement fully the recommendations and one of the elements is they said they would create a task force to implement these recommendations, which we haven’t seen yet,” he said.

Champagne said Canada is consulting with Gambia and believes its feminist foreign policy has a role to play in the case.

“We’ve seen acts of genocide, systemic murder, sexual violence, torture,” the minister said. “The international community is more seized now than ever with the plight of the Rohingya.”

Mike Blanchfield, The Canadian Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

IndigenousMyanmar

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A medical worker prepares vials of the COVID-19 vaccines, Chinese Sinopharm, left, Sputnik V, center, and Pfizer at a vaccine centre, in the Usce shopping mall in Belgrade, Serbia, Thursday, May 6, 2021. Serbian authorities are looking for incentives for people to boost vaccination that has slowed down in recent weeks amid widespread anti-vaccination and conspiracy theories in the Balkan nation. The government has also promised a payment of around 25 euros to everyone who gets vaccinated by the end of May. (AP Photo/Darko Vojinovic)
38 new COVID-19 cases, more than 335k vaccines administered in Interior Health

Interior Health also to start targeted vaccinations in high transmission neighbourhoods

FILE PHOTO
Second doses of COVID-19 vaccine will be available, as AstraZeneca supply runs low: Interior Health

Province expecting large volumes of Pfizer BioNTech as age-based cohort immunization program ramps up

Kevin Allen of Fernie helped research and untangle the relationship between West Fernie and the City of Fernie, and is now writing a book on West Fernie. (Phil McLachlan / The Free Press)
Local historian writing book on West Fernie

Kevin Allen of Fernie is compiling his research on West Fernie into a book thanks to a grant from the RDEK

The design green-lit by the Sparwood District Council for the Centennial Square revitalization. It retains storefront parking, as desired by the business community in the square. (Image courtesy of District of Sparwood)
New Centennial Square design green-lit by Sparwood

The new design retains some storefront parking in the square

Greg Nesteroff and Eric Brighton, the historians behind popular Facebook page Lost Kootenays, are set to release a book of the same name and have just unveiled its cover showing the ghostly Hotel in Slocan City shortly before its 1953 demolition. Photo courtesy of Greg Nesteroff and Eric Brighton.
Popular historical Facebook page Lost Kootenays set to release book

128-page hard copy documenting history of East and West Kootenays coming this fall

(The Canadian Press)
Trudeau won’t say whether Canada supports patent waiver for COVID-19 vaccines

‘Canada is at the table to help find a solution’

Gord Judson steers his log truck down a forest service road, using two-way radio and call signals to mark his position for oncoming traffic. (B.C. Forest Safety Council)
Planning some B.C. wilderness fishing? Don’t catch a log truck

Remote recreation areas bracing for heavy pandemic pressure

Former University of British Columbia student Stephanie Hale, 22. THE CANADIAN PRESS/Jeff Bassett
Human Rights Tribunal to hear complaint against UBC Okanagan for ‘mishandling’ sexual assault report

Stephanie Hale did not return to campus after the student she alleges attacked her was cleared of wrongdoing

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Jennifer Coffman, owner of Truffle Pigs in Field, B.C., poses beside her business sign on Thursday, May 6, 2021, in this handout photo. Her restaurant and lodge have been hit hard by a closure of a section of the Trans-Canada Highway and by the British Columbia government discouraging Alberta residents from visiting during the pandemic. THE CANADIAN PRESS/HO-Jennifer Coffman, *MANDATORY CREDIT*
‘Why we survive’: B.C. boundary towns struggle without Albertans during pandemic

Jennifer Coffman’s restaurant is located in the tiny community of Field, which relies on tourism

A sign indicating face coverings are required by the establishment is pictured on the front door of a business in Vancouver, B.C., Friday, April 9, 2021. COVID-19 cases have been on a steady increase in the province of British Columbia over the past week. THE CANADIAN PRESS/Jonathan Hayward
A sign indicating face coverings are required by the establishment is pictured on the front door of a business in Vancouver, B.C., Friday, April 9, 2021. COVID-19 cases have been on a steady increase in the province of British Columbia over the past week. THE CANADIAN PRESS/Jonathan Hayward
B.C. to start releasing neighbourhood-specific COVID numbers after data leak

Documents obtained by the Vancouver Sun show cases broken down by neighbourhoods

Provincial health officer Dr. Bonnie Henry and Health Minister Adrian Dix update B.C.’s COVID-19 situation at the B.C. legislature, April 29, 2021. (B.C. government)
B.C.’s COVID-19 case count creeps up, seven more deaths

445 people in hospital, 157 in intensive care

Summerland’s positive test rate is much higher than surrounding local health areas, according to internal BC CDC documents. (BC CDC)
Summerland 3rd behind Surrey, Abbotsford in daily per capita COVID-19 cases

Interior Health is rolling out additional vaccine availability to the community

Amazon is pausing its Prime Day marketing event in Canada this year amid ongoing COVID-19 outbreaks at its facilities in Ontario. THE CANADIAN PRESS/Nathan Denette
Amazon Prime Day halted in Canada due to COVID-19 outbreaks in warehouses

The event was postponed to protect the health and safety of employees and customers, the company says

Most Read