As an independent international health organization working in nearly 80 countries and present in Canada since 1996, Médecins du Monde wishes to share its concerns and recommendations as part of the review of Bill C-41.
We call on Canada to introduce a clear and general humanitarian exemption in the Canadian Criminal Code, in accordance with international humanitarian law, in line with international best practices in this area and in the spirit of United Nations Security Council Resolution 2664.
Médecins du Monde recognizes the need for an amendment to the Canadian Criminal Code to explicitly guarantee the protection of humanitarian activities carried out legitimately by Canadian international aid organizations. In this regard, we commend the Government of Canada for having initiated a reform and dialogue process on this issue since 2021.
However, Médecins du Monde fears that instead of facilitating the delivery of necessary aid in territories under the control of groups or entities designated as terrorist, the current Bill C-41 may, on the contrary, compromise the effective delivery of humanitarian aid by Canadian organizations.
A dangerous presumption of criminalization of humanitarian aid
Médecins du Monde is particularly concerned about the choice of a case-by-case authorization exemption system and the absence of a clear and general humanitarian exemption in Bill C-41. This absence is all the more surprising given that many of Canada’s partner countries have opted for a humanitarian exemption, in the spirit of the recent United Nations Security Council Resolution 2664.
This choice by the Government of Canada establishes a presumption of criminality for humanitarian activity, which violates international humanitarian law and the humanitarian principles of neutrality, independence, and impartiality. Yet, it is this law and these principles that enable Canadian organizations like ours to work in volatile contexts where needs are immense and populations are difficult to reach.
A risk of violating our due diligence obligations toward our staff and partners
To carry out this work, we rely on experienced international and national staff as well as trusted local partners. However, we believe that Bill C-41 has the potential to put our staff and those of our partners at risk, both in Canada and in our intervention contexts.
In addition to the risk of criminalization in Canada, it opens a dangerous door to the transmission of sensitive personal information to multiple entities without firewall guarantees. It also introduces a risk of perceived politicization of international aid, which compromises the safety of our teams and that of our partners in the field.
In very concrete terms, Médecins du Monde fears it may not be able to submit an exemption request under the current terms of Bill C-41, as they run counter to our due diligence obligations toward our staff, partners, and beneficiaries, as outlined in several of our internal policies.
In August 2022, we adopted a screening request management policy (security review) to comply with our donors’ requirements in the fight against terrorism while protecting our staff, partners, and the neutral, independent, and impartial nature of our work. This policy stipulates that these security reviews must be conducted internally according to an established process and excludes the possibility of outsourcing security reviews to donor governments or third parties.
Toward shared risk management rather than a “zero-risk” vision
With the current terms of Bill C-41, Médecins du Monde fears that Canada is reinforcing a “zero-risk” approach in the fight against terrorism by certain states and donors, which shifts risks and the burden of their management entirely onto organizations.
This approach impacts not only the response capacity of international organizations (implementation delays, additional financial and human resources) but also, and even more so, that of civil society partner organizations, which lack the capacity to absorb these constraints and yet are often the first responders on the ground.
Thus, Médecins du Monde advocates for shared risk management rather than an overall desire to eliminate risk, which is estimated to be impossible to achieve in our most sensitive intervention contexts. Médecins du Monde continuously implements and adapts a set of internal procedures (human resources, partnerships, logistics, etc.) that support our risk analysis and management and help reduce our vulnerability to the risks of aid diversion.
The necessity of a clear and general humanitarian exemption by default
For all these reasons, Médecins du Monde recommends the introduction of a clear and general humanitarian exemption in the Canadian Criminal Code.
Such an exemption will allow Canada to align with the practices of several partner countries, embody the spirit of United Nations Security Council Resolution 2664, and respect its international obligations, particularly with regard to international humanitarian law.
Additionally, it will enable Canada to continue being a leading actor in the global humanitarian response.
For more information, please contact:
Nadja Pollaert, Executive Director: nadja.pollaert@medecinsdumonde.ca
Chloé Cébron, Senior Advocacy Advisor: c.cebron@medecinsdumonde.ca