Senator Dasko -Foreign Leaders Who Violate International Human Rights through Violence or Oppression Must be Held Accountable for Their Actions

On October 17, 2023, Senator Dasko gave a speech in support of Senator Omidvar’s Bill S-278, An Act to amend the Special Economic Measures Act (disposal of foreign state assets). Watch:

Hon. Donna Dasko: Honourable senators, I rise today in support of Senator Omidvar’s timely bill, Bill S-278, An Act to amend the Special Economic Measures Act (disposal of foreign state assets).

This important bill would amend SEMA to allow for a legal pathway to seize and repurpose the state assets, including central bank reserves, of perpetrators that breach international peace and security and, specifically, to seize these assets without a judicial order. These assets can then be redirected to the victims who have suffered at the hands of these perpetrators.

I commend Senator Omidvar for her far-sighted leadership in advancing this legislation. This bill rests on the belief that foreign leaders and nations who violate international human rights through violence or oppression or corruption or war must be held accountable for their actions, and that asset forfeiture can be a powerful option to help achieve this and to assist the victims of these terrible actions.

In 2021, Senator Omidvar’s Senate public bill, Bill S-217, achieved all-party support and passed the Senate committee stage. In June of 2022, in response to Russia’s invasion of Ukraine, the government essentially incorporated her initiative into its own legislation as part of the budget bill. Bill C-19 thus allowed the government to go beyond freezing the assets of corrupt foreign officials by permitting them to be seized and redirected to the victims of persecution and oppression.

As currently drafted, SEMA can permit the seizure of individual assets through a process involving the courts, but not state assets. Senator Omidvar’s new bill, debated here today, extends this by creating a legal path for state assets to be seized.

Colleagues, why are we contemplating such extraordinary actions as the seizing of state assets of a foreign country? We are contemplating extraordinary actions because we are faced with extraordinary circumstances, and, in particular, here today, we are discussing the illegal and immoral invasion by Russia of the free, independent and democratic nation of Ukraine.

As a matter of justice and based on our values and our interests, we must take action. The funds seized under this act and similar actions by other Western nations can assist Ukraine in rebuilding after the devastation of war.

Let’s think about the destruction that Russia has perpetrated with its illegal invasion of Ukraine, first, the lives lost. According to The New York Times and based on American government sources, as of August of this year, approximately 70,000 Ukrainians have died, and between 100,000 and 120,000 have been wounded. Russia’s military casualties, these officials said, are approaching 300,000, including 120,000 deaths and 170,000 to 180,000 injured troops.

There is evidence of multiple crimes and violations committed by Russia and Russian troops. A paper recently prepared by investigator Rodrigue Demeuse for the NATO Parliamentary Assembly examined these violations and presented evidence in three areas.

First, there are violations of international humanitarian law, the so-called laws of war, established by the Geneva Conventions, the Hague Convention and others. Russia has violated these laws. It has deliberately killed civilians and used arbitrary detentions, torture, forced disappearances, human shields. It has used sexual violence, especially against women, but also against men. Russia has targeted and destroyed civilian infrastructure, for example, by bombing a maternity hospital in Mariupol in 2022. Russia has denied humanitarian assistance and perpetrated the forced deportation of civilians, including children.

Second, Russia has also violated international human rights law, based on several international treaties and covenants. These include violations of the right to life, freedom, security, expression, assembly, as well as economic, social and cultural rights such as the right to education, the right to health care, food and water rights, environmental rights and many others.

Third, there are breaches of international criminal law. Here, there is the crime of aggression committed when Russia invaded the sovereign and independent nation of Ukraine with no justification, which is a clear violation of the UN Charter. There are also war crimes, crimes against humanity, and there is even evidence of genocide.

It is clear that the destruction brought by Russia in Ukraine has been massive. The humanitarian losses, including deaths, injuries and displacements, will deeply affect the physical and mental health of the Ukrainian people for years to come. And the physical damage done to the country poses a huge economic challenge. One study from the Kyiv School of Economics estimated infrastructure losses as of March 2023 to be US$143 billion or 70% of Ukraine’s GDP. Housing damages were estimated to be US$54 billion. Damage to roads, bridges and airports accounted for US$36 billion in losses. In March, the World Bank estimated the cost of the country’s future reconstruction at roughly €380 billion.

Of course, Western allies and friends of Ukraine, including Canada, have provided enormous military, financial and humanitarian support to Ukraine since the February 2022 invasion by Russia. This support, I believe, will continue into the future.

Last week, I was a member of the Canadian delegation to the NATO Parliamentary Assembly in Copenhagen, where the topic of Ukraine was absolutely top of mind, not least because Ukraine’s President Zelenskyy addressed our plenary session via video. I sensed strong and continuing support for Ukraine among these parliamentarians from NATO countries, and this reassured me greatly. However, there was also a disquieting sense that this terrible war could continue well into the future. In that scenario, nobody really knows what will happen.

Still, colleagues, the bill before us aims to make Russia accountable and to pay for its crimes and its destruction. The seizure of state assets is the core principle of this bill, which provides for our Governor-in-Council to seize these assets if any of the conditions outlined in SEMA have been met. The conditions involve the violation of international law and conventions, such as serious breaches of international peace and security or gross human rights violations, which clearly describe Russia’s actions.

After the Russian invasion, the United States and other Western nations moved quickly to freeze Russian assets held abroad, including the property of Russian oligarchs and Russia’s central bank assets held in foreign accounts. These assets are currently valued at approximately US$350 billion, including US$300 billion of Russian state assets and about US$58 billion of privately held Russian assets, this according to papers by Zelikow, Anderson and Keitner from 2022. An international debate is now under way concerning the viability and legality of seizing and transferring these assets to Ukraine, either to fund current needs, which is considered to be very important, and/or to fund post-war reconstruction. This is according to a paper written by Michal Szczerba in 2023.

On October 4, just a couple of weeks ago, Secretary of State Antony Blinken weighed in on this debate to confirm that Americans are indeed examining the legal issues. Secretary Blinken urged European countries to move forward and seize and transfer Russian assets. As he said:

My own view is you broke it, you bought it. And so the Russians having broken it, they ought to pay for it. . . .

Certainly, Canadians are on side with this important initiative. In a national public opinion survey commissioned by myself and Senator Omidvar and conducted by Nanos Research just two weeks ago, we found that a strong majority of Canadians support Canada seizing the Canadian assets of foreign states that are violating human rights and using these assets to help victims.

The survey shows that 81% of Canadians support Canada seizing the state assets of the Russian government that are held in Canada and using those assets to help victims of the war against Ukraine. Similarly, 78% of Canadians support Canada seizing the state assets of the Iranian government that are held in Canada and using those assets to help the victims in Iran whose human rights are violated.

The poll shows that support for these actions is high in all regions of the country, among both men and women and across all age groups. It’s true that Canadians may have few Russian state assets, as we have heard, but by moving ahead with this legislation, this country can help create the momentum that is needed in the world, and we can lead by example.

As a third-generation Ukrainian Canadian, I’m especially motivated to support this bill. I’m especially pleased that my friend and esteemed colleague Senator Omidvar has devoted her efforts to this worthy and important cause, and since she’s had success before, I’m confident she will have success this time as well.

Finally, I’m especially proud of Canada’s and Canadians’ vast and steadfast embrace of Ukraine in its time of need, however long it takes. Thank you, colleagues.