Open Letter: The Government Must Take Immediate Action to Allow Canadian NGOs to Work in Afghanistan
October 18, 2022
Dear Minister Lametti,
We write to urge you and the Government of Canada to take immediate action to allow Canadian NGOs to work in Afghanistan. Afghans are struggling. They face the brutal persecution of the Taliban, food shortages, an earthquake that killed 1,000 people and other humanitarian disasters. Canadian NGOs are in place, both to help eligible Afghans flee the persecution and/or to support humanitarian operations to help the Afghans left behind. However, Canadian NGOs have their hands tied by a strict interpretation of our anti-terrorism law which has effectively banned their work since the Taliban takeover.
We also understand that the Government has had continuous conversations with the Taliban since it took over the country. We understand that dialogue is a must to be able to continue to provide corridors for Afghans who are at risk to leave the country. But at the same time, it is urgent and imperative to extend the same concern to the Afghans who are struggling and facing significant hardships.
We support the legal opinion sent to you, from prominent lawyers, including Audrey Macklin, Kent Roach, and Sujit Choudhry, (please see attached), which notes that allowing Canadian humanitarian NGOs to support Afghans does not violate section 83.03(b) of the Criminal Code. Further, other countries, such as the United States and the United Kingdom, have exempted NGOs from similar laws, or at least provided assurances that their work will not be prosecuted.
We urge you to act now. We understand that this is a complicated issue, but that does not mean there should be further delays. For twenty years, Canada supported Afghans. Despite this severe setback with the Taliban takeover, we cannot turn our backs on them now.
Thank you for your consideration. We would welcome the opportunity to discuss this further with you and your officials.
Sincerely,
The Honourable Ratna Omidvar, Senator on behalf of and with:
The Honourable Salma Ataullahjan, Senator
The Honourable Marty Deacon, Senator
The Honourable Mobina S.B. Jaffer, Senator
Highlighting this Issue in the Senate Chamber
On October 19, 2022 Senator Wallin asked Senator Omidvar, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, if the committee could conduct a study on making an exemption to the anti-terrorism code so that Canadian charities can provide humanitarian aid in Afghanistan. Watch their exchange:
Hon. Pamela Wallin: I’d like to direct my question to the Chair of the Standing Senate Committee on Social Affairs, Science and Technology.
Senator Omidvar, as you know, Canadian charities and NGOs — groups such as War Child — cannot provide humanitarian aid on the ground in Afghanistan because they would be breaking Canadian law. The government has been asked repeatedly to do what many of our allies have done and make a simple exemption to their anti-terrorism code.
Given our country’s broken promises to Afghanistan, I’m wondering whether the Social Affairs Committee could conduct a spot study on this matter to show the government how simple the fix is. It would also be a powerful gesture for many Afghans who have put their lives on the line for our soldiers — our men and women.
Hon. Ratna Omidvar: Thank you, Senator Wallin, for that question. It is indeed a novelty for me to answer a question. I can see Senator Gold looking very pleased as I do so.
I want to tell you, I really appreciate the thrust of your question because I believe the matter you have raised is one of great urgency. I have raised it in this chamber with Senator Gold. I have followed up with a letter to Minister Lametti that was co-signed by my colleagues Senator Ataullahjan, Senator Marty Deacon and Senator Jaffer.
But you’re asking me a question as the Chair of the Standing Senate Committee on Social Affairs, Science and Technology. While I agree that a spot study could really provide some context and solutions to the government — although the solutions are apparent and clear because the U.K. and the U.S.A. have provided exemptions — I’m not sure that the Senate’s Social Affairs Committee is the right place. It is a matter of the anti‑terrorism code, so it could be referred to the Legal and Constitutional Affairs Committee. It is a matter of the human rights of the Afghan people, so it could be referred to the Standing Senate Committee on Human Rights, and it is a matter of international development as well, so it could be referred to the Foreign Affairs Committee.
I really appreciate the question, and I hope my colleagues who are the chairs of these other committees will take up your idea. Thank you.