By Andrea Charron, PhD
According to Global Affairs Canada sanctions are:
“Measures, including limitations on official and diplomatic contacts or travel, the imposition of legal measures to restrict or prohibit trade or other economic activity between Canada and the target state, or the seizure or freezing of property situated in Canada. In order to maximize the effectiveness of a sanctions regime, particularly one involving trade and economic measures, Canadian policy seeks to ensure that sanctions measures are applied multilaterally whenever possible”.[1]
The UN Security Council, the EU and various African regional organizations have all shifted their use of sanctions from exclusively addressing armed conflict and international instability to issues of governance of which human rights is one example. As Canada has applied all mandatory UN sanctions, often matched EU sanctions and tracked African regional sanctions, its record of sanctions employment (reflective of geopolitical events) has also shifted from addressing armed conflicts to also addressing additional issues such as support to terrorism and corruption of foreign officials. That being said, Canada’s use of sanctions has limited impact on the national and foreign policies of other states. The exceptions are when Canada applies sanctions along with a full court press including diplomatic efforts, trade embargoes and engagement of other international organizations (including the often forgotten Commonwealth, La Francophonie, and other regional organizations) to make a particular human rights’ issue a cause célèbre as was the case with Apartheid and White Minority Rule in the 1970s and 1980s.
There are currently numerous examples of massive human rights abuses around the world including in North Korea, Syria and elsewhere that are the subject of sanctions but the sanctions are linked to stopping other priority issues, such as proliferation and terrorism. Stopping human rights abuses, although implied are not specified as subject to the sanctions. There is value for Canada, therefore in highlighting the violations of international human rights law if only to contribute to the creation of new norms of behaviour expectations via its regulations.
There are several means by which Canadian sanctions can be imposed including the United Nations Act (UNA), the Special Economic Measures Act (SEMA), the Export and Imports Permits Act (EIPA) and the Freezing Assets of Corrupt Foreign Officials Act (FACOA). Which of these tools is chosen is dictated primarily by the requisite sanctions authority (usually an organization to which Canada belongs) and not necessarily by the transgression or target in question. Furthermore, sanctions can serve to signal/stigmatize, coerce or constrain but very rarely are able to incentivize. Next, the onus to give effect to sanctions is disproportionately placed on private companies and citizens. Finally, as Canada does not have extra territorial reach, Canadian sanctions are applied against a Canadian connection or association with the target not the target directly. Therefore, if the promotion of human rights is a goal, there are already four challenges to consider:
- Canada never sanctions alone and so other international organizations or like-minded must be interested in sanctioning the same target or issue;
- Sanctions are able to highlight and decry violations of international law, but are rarely able to motivate desired behaviour such as active promotion of human rights. Lifting of sanctions is viewed by targets as indication that they are engaging in more positive behaviour but this is achieved by stopping the violations not engaging in new behaviour.
- Companies, banks and private citizens are the main subjects that give effect to Canada’s regulations, not government. Therefore, the more vested interest these entities have to make human rights part of their business model, the more likely sanctions aimed at human rights will be given effect.
- The assets, targets and property to be banned/seized/controlled must have a Canadian connection or association and so rarely are the key human rights violators touched by Canada’s employment of sanctions. Furthermore, Canadian legislation preferences limiting the effect of export and import controls on Canada rather than on the target country. For example, the establishment of Control Lists under the Export and Import Permits Act stresses the need to consider security of Canada and supplies of goods within Canada. Government of Canada policies, however, can provide additional criteria as is outlined in the Export Controls Handbook which details objectives including limiting the export of goods which may be used to commit human rights’ violations.[2]
[1] Canadian Economic Sanctions, http://www.international.gc.ca/sanctions/index.aspx.
[2] Government of Canada, Export Controls Handbook (June 2015): 6. (ISBN-978-1-100-23330-7)