Tuesday, March 22, 2016

WHY HAS CANADA, NOT RATIFIED, THE OAS TREATY ON HUMAN RIGHTS?.

THE ORGANIZATION OF AMERICAN STATES AND THE COURT OF HUMAN RIGHTS, ARE POWERLESS, TO ENFORCE HUMAN RIGHTS ABUSE, AGAINST CANANDA, UNLESS, IT ALSO RATIFIY ITS TREATIES WITH THE OAS.  AND ALL OF THEM,  NOT JUST SOME.
 
CANADA SHOULD RATIFY WITH THE OAS, ITS TREATY, ON THE AMERICAN CONVENTION ON HUMAN RIGHTS.
 
THE AMERICAN CONVENTION ON HUMAN RIGHTS TREATY.  PREAMBLE:
 
1. Reaffirming their intention to consolidate in this hemisphere, within the framework of democratic institutions, a system of personal liberty and social justice based on respect for the essential rights of man;
2. Recognizing that the essential rights of man are not derived from one's being a national of a certain state, but are based upon attributes of the human personality, and that they therefore justify international protection in the form of a convention reinforcing or complementing the protection provided by the domestic law of the American states;
3. Considering that these principles have been set forth in the Charter of the Organization of American States, in the American Declaration of the Rights and Duties of  Man, and in the Universal Declaration of Human Rights, and that they have been reaffirmed and refined in other international instruments, worldwide as well as regional in scope.
4. Reiterating that, in accordance with the Universal Declaration of Human Rights, the ideal of free men enjoying freedon from fear and want can be achieved only if conditions are created whereby everyone may enjoy his economic, social and cultural rights, as well as his civil and political rights; and
5. Considering that the Third Special Inter-American Conference (Buenos Aires, 1967) approved the incorporation into the Charter of the Organization itself of broader standards with respect to economic, social and educational rights and resolved that an inter-American convention on human rights should determine the structure, competence and procedure of the organs responsible for these matters.  Have agreed upon the following:
 
(The Treaty, then goes on to present the 82 Articles, pertaining, to the Treaty of the American Convention on human Rights.). For the purpose of this article, the ones which concerns me, are the following articles:
Article 1. Obligation to Respect Rights
1.    The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.
Article 2. Domestic Legal Effects
Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms.
 
                                CIVIL AND POLITICAL RIGHTS
Article 3. Right to Juridical Personality
Every person has the right to recognition as a person before the law.
 

Article 4. Right to Life

1.    Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.  (Article 4, also consist of 5 other sections, which are not mentioned here).
Article 5. Right to Humane Treatment
1.    Every person has the right to have his physical, mental, and moral integrity respected.
2.    No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person. (Article 5, also consist of 4 other sections, which are not mentioned here). The main focus for the purpose of this article, are sections 1 and 2.
 
Article 7. Right to Personal Liberty
1.    Every person has the right to personal liberty and security.
 
2.    No one shall be deprived of his physical liberty except for the reasons and under the conditions established beforehand by the constitution of the State Party concerned or by a law established pursuant thereto. (Article 7, also consist of 7 sections, which are omitted here, for convenience).
Other articles of interest here, are also the following ones: Article 8, the Right to a Fair Trial. Article 10, the Right to Compensation. And also the following two articles, Article 28 and 29, which are of particular interest to this writer and the subject of this article.
 
Article 24. Right to Equal Protection
All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law.
 
Article 25. Right to Judicial Protection
1.    Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties.
2.    The States Parties undertake:
a.    to ensure that any person claiming such remedy shall have his rights determined by the competent authority provided for by the legal system of the state;
b.    to develop the possibilities of judicial remedy; and
c.    to ensure that the competent authorities shall enforce such remedies when granted.
For the purpose of this article, can anyone also consider, why Canada as a country, which is a part of the Organization of the American States, would also not adopt those measures?. Why has Canada consistently, refused, to ratify this particular treaty with the OAS?.
The following are the only treaties that Canada, as a state, as ratified with the OAS; Convention of the Nationality of Women; Inter-American Convention on the Granting of Political rights to Women; and Inter-American Convention on the Granting of Civil Rights to Women. According to the government of Canada website, Canadian Heritage.  Missing from those treaties, is the most important one. The American convention on Human Rights.

Back in May of 2003, there was a Standing Committee on Human Rights, chaired by Shirley Maheu, before the Canadian Parliament, which also tried to get Canada to adhere to the OAS treaty, on the American Convention on Human Rights. That was also not successful. And it has never been implemented, or ratified since. Which also left the subject of human rights abuse and, the violation of this particular treaty, with the OAS and also by Canada, an open subject for discussion AND also implementation.

My own conversations, with the American Court of Human Rights, which according to its court staff, also appear to be powerless, in making this country own up to its actions, in regards to its disregard for human rights, very difficult to prosecute, or deal with. The inter-American Court of Human Rights will also hear the cases that are brought before it, from the IACHR. And Canada is usually, not one of those states, within the Organization of American States, which can be penalized for its actions. This also left victims of human rights abuse, by Canada, such as myself, as a Blogger, and who is also currently facing persecution, by the Canadian police, also vulnerable, to more attacks coming from the state.

Still, this is also not a dead end. The IACHR, as part of the Inter-American Court of Human Rights and also the OAS, does have some broad powers, to enact specific measures against Canada and other states, under the OAS, which are brought before the IACHR, by petitioners, in order to protect their human rights.
Petitioners, can also request the following actions to be taken against Canada, by the IACHR;
Precautionary Measures and also urgent requests. Urgent requests, requiring the immediate intervention, of the IACHR, in order to protect the life and security of individuals, are also dealt with according to its own procedures, expeditiously.  That means that most of the formalities, will also be put aside temporarily, and the state may be contacted, directly, whether through a telephone call, email, regular mail, or by fax, in regards to the request of the petitioner, as far as the IACHR is concerned. By contrast, the regular request to the IACHR to take precautionary measures, that are not considered urgent, will be also dealt with in is usual manner. Since July of 2015, persons can now file a petition online, and can also view later on the progress of their petitions, with the IACHR. 

My own petition against Canada, with the Inter-American Commission on Human Rights, (IACHR), was also back in 2010. I now have a new petition, that I will also be filing with the IACHR and also requesting that urgent actions be taken on my behalf, to stop the ongoing abuse of my human rights, by the Canadian authorities. Including the courts and the police.

The following information are to the IACHR's website and also the direct links, to making a petition online, if you are facing human rights abuse, by the Canadian government, in any form.
www.oas.org/en/iachr/mandate/petitions.asp
 
 
It is also a good idea to familiarized yourself with the OAS treaty, the American Convention on Human Rights. The link to this webpage is: www.cidh.oas.org/basicos/english/basic3.american%20convention.htm


Listen to the Valerie Guillaume Show, on Podbean.com, http://valerieguillaume.podbean.com
as I continue to report on human rights abuse in Canada, on a weekly basis. I will also be reporting on my progress with the IACHR, in regards to my request, for precautionary measures against Canada. Which is also in the form of an urgent request, as my situation also require immediate intervention, to protect my human rights.
Any questions, or comments?. You can contact me at 416 604 6924.

 
 

 
 
 

 
 
 
 
 
 
 
 
 
 
  
 

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