Dear Prime Minister:

The Feminist Alliance for International Action (FAFIA) is a growing
coalition of women’s equality-seeking and other human rights
non-governmental organizations who share a commitment to advancing
women’s substantive equality in Canada.

Dedicated to furthering the human rights of women, FAFIA is focused
on ensuring that the international human rights treaties that Canada
has ratified provide a practical framework of standards for the
development and implementation of domestic policies and practices.

Some of Canada’s most significant commitments to women are set out in the United Nations (U.N.) Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
In 2002, Canada submitted its fifth report on its compliance with CEDAW
for review by the United Nations’ CEDAW Committee. In response, the
Committee made twenty-three recommendations (23) to the Canadian
government in January 2003

On the occasion of the one year anniversary of the United Nation
CEDAW Committee’s review of Canada’s 5 th report on its compliance to
the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW), FAFIA has reviewed the progress made by the
federal government over the past year in increasing its compliance with
CEDAW. Despite the considerable efforts of Status of Women Canada to
increase awareness of CEDAW and foster dialogues across departments,
unfortunately, little progress has been made on implementation of a substantive response to the Committee’s recommendations.

We take for granted that Canada participates in treaty review
processes in good faith, and takes its obligations seriously.
Consequently, we expect that Canada will act on the recommendations of
the Committee in order to honour its human rights commitments.1

The Feminist Alliance for International Action urges the federal government to take immediate steps in the following areas:

#1. Women Living in Poverty

In January 2003, the UN CEDAW Committee commented that Canada has disproportionately high rates of poverty amongst women.

“While appreciating the federal government’s various
anti-poverty measures, the Committee is concerned about the high
percentage of women living in poverty, in particular, elderly women
living alone, female lone parents, Aboriginal women, older women, women
of Colour, immigrant women and women with disabilities, for whom
poverty persists or even deepens, aggravated by the budgetary
adjustments since 1995 and the resulting cuts in social services. The
Committee is also concerned that the [federal government’s] measures
are mostly directed towards children and not towards these groups of
women.”


Report of the UN Committee on the Elimination of Discrimination
against Women, 28 th Session, January 13-31 st 2003: Paragraph 357

It is clear that social program restructuring and changes in
federal-provincial financing of social programs has exacerbated the
levels of poverty experienced by women.

To decrease the high rate of women’s poverty, the committee noted that the federal government must:

• “?monitor closely the situation of women’s non-standard jobs and
  introduce employment-related measures which will bring more women into
  standard employment arrangements with adequate social benefits? ( Recommendation
  of the UN Committee on the Elimination of Discrimination against Women,
  28 th Session, January 13-21 st January 2003: Paragraph 374 );
• “?re-consider the eligibility rules of [the Employment Insurance]
  Act based on a gender-based impact analysis in order to compensate for
  women’s current inequalities in accessing those benefits owing to their
  non-standard employment patterns” ( Recommendation of the UN
  Committee on the Elimination of Discrimination against Women, 28 th
  Session, January 13-21 st 2003: Paragraph 382 );
• “?further expand affordable childcare facilities under all
  governments and ? report, with nationwide figures, on demand,
  availability and affordability of childcare in its next report” ( Recommendation
  of the UN Committee on the Elimination of Discrimination against Women,
  28th Session, January 13-21st 2003: Paragraph 380).

#2. Discrimination Confronted by Aboriginal and First Nations Women

In January 2003, the UN CEDAW commented that Aboriginal and First Nations continue to face persistent and systematic discrimination.

“The Committee is concerned that Aboriginal women,
among other highly vulnerable groups of women, are over-concentrated in
lower-skill and lower-paying occupations. They constitute a high
percentage of those women who have not completed secondary education,
they constitute a high percentage of those women serving prison
sentences and they suffer high rates of domestic violence. The
Committee is further concerned that the First Nations Governance Act
currently under discussion does not address remaining discriminatory
legal provisions under other Acts, including matrimonial property
rights, status and band membership questions which are incompatible
with the Convention.”


Report of the UN Committee on the Elimination of Discrimination
against Women, 28 th Session, January 13-31st 2003: Paragraph 361.

The UN CEDAW Committee has proposed the following solutions:

The federal government must :

• “?accelerate its efforts to eliminate de jure and de facto
  discrimination against Aboriginal women both in society at large and in
  their communities, particularly with respect to the remaining
  discriminatory legal provisions and the equal enjoyment of their human
  rights to education, employment and physical and psychological
  well-being? ( Recommendation of the UN Committee on the
  Elimination of Discrimination against Women, 28th Session, January
  13-21st 2003: Paragraph362 );
• “?ensure that Aboriginal women receive sufficient funding in order
  to be able to participate in the necessary governance and legislative
  processes that address issues which impede their legal and substantive
  equality ( Recommendation of the UN Committee on the Elimination
  of Discrimination against Women, 28th Session, January 13-21st 2003:
  Paragraph 362).

#3. Inaccessibility of Legal Aid

In January 2003, the UN CEDAW Committee commented that women increasingly have difficulty accessing legal aid.

“The Committee is concerned that federal legal aid
funds to civil and family law and for legal matters related to poverty
issues, in contrast to legal aid for criminal cases, are channeled to
the provinces and territories at their discretion. This [method of
funding legal aid], in practice, turns out to have a disproportionately
restrictive impact on women seeking legal redress as compared to men .”


Report of the UN Committee on the Elimination of Discrimination
against Women, 28th Session, January 13-31st 2003: Paragraph 355.

The UN CEDAW Committee has proposed the following solution:

The federal government must:

• “?find ways ? for ensuring that sufficient legal aid is available
  to women under all jurisdictions when seeking redress in issues of
  civil and family law and in those relating to poverty issues” ( Recommendation
  of the UN Committee on the Elimination of Discrimination against Women,
  28 th Session, January 13-21 st 2003: Paragraph 356).

#4. De-valuing Immigrant and Refugee Women

In January 2003, the UN CEDAW Committee commented that immigrant
and refugee women experience difficulty fully integrating into Canadian
society as a result of government policies, including the new
Immigration and Refugee Protection Act.

“While appreciating the inclusion of trafficking in
persons as constituting a criminal offence under the new Immigration
and Refugee Protection Act, as well as other aspectsprotecting refugee
and immigrant women, the Committee notes that other provisions and
practices may still contribute to devaluing women’s educational skills
and previous economic contributions to their families’ well-being. “


Report of the UN Committee on the Elimination of Discrimination
against Women, 28th Session, January 13-31st 2003: Paragraph 363

In addition, the UN Committee expressed concern about the
vulnerabilities of women who come to Canada under the Live-in Caregiver
Program:

“The Committee is concerned that the caregivers are
allowed into the country only as temporary residents, they do not
receive adequate social security and having to live in the homes of
their employers may subject them to exploitation and abuse.”


Report of the UN Committee on the Elimination of
Discrimination against Women, 28 th Session, January 13-31 st 2003:
Paragraph 366

The UN CEDAW Committee has proposed the following solutions:

The federal government must:

• “?implement fully the gender-based impact analysis and the
  reporting requirements provided in the new [Immigrant and Refugee
  Protection] Act with a view to eliminating remaining provisions and
  practices which still discriminate against immigrants? ( Recommendation
  of the UN Committee on the Elimination of Discrimination against Women,
  28 th Session, January 13-21 st 2003: Paragraph 364);
• “?improve the current live-in caregiver programme by reconsidering
  the live-in requirement, ensuring adequate social security protection
  and accelerating the process by which such domestic workers may receive
  permanent residency” ( Recommendation of the UN Committee on the
  Elimination of Discrimination against Women, 28th Session, January
  13-21st 2003: Paragraph 366).

#5. A lack of federal, provincial and territorial coordination

In January 2003, the UN CEDAW committee commented that there is an absence of federal coordination to ensure provincial and territorial compliance with human rights commitments.

“The Committee is concerned that the federal Government
does not seem to have the power to ensure that governments establish
legal and other measures in order to fully implement the Convention in
a coherent and consistent manner ? It underlines the federal
government’s principal responsibility in implementing the Convention. “


Report of the UN Committee on the Elimination of Discrimination
against Women, 28th Session, January 13-31st 2003: Paragraph 349

The UN CEDAW Committee has proposed the following solutions:

• “?that the existing mechanisms be used [by the Canadian government]
  to introduce best practices in order to achieve substantive equality of
  women with men in the enjoyment of their human rights under all
  governments? ( Recommendation of the UN Committee on the
  Elimination of Discrimination against Women, 28th Session, January
  13-21st 2003: Paragraph 350);
• “?that the federal Government reconsider those changes in the
  fiscal arrangements between the federal Government and the provinces
  and territories so that national standards of a sufficient level are
  re-established and women will no longer be negatively affected in a
  disproportionate way in different parts of the State party’s territory?
  ( Recommendation of the UN Committee on the Elimination of
  Discrimination against Women, 28th Session, January 13-21st 2003:
  Paragraph 352 ).

Conclusion

In its concluding comments, the UN CEDAW Committee remarked that
Canada has an obligation to include women’s groups in the gathering of
data in preparation for Canada’s report to the UN. It also noted that
Canada is four years behind in its reporting. For Canada’s
next report, the Committee recommended that women’s non-governmental
organizations representing different groups of women under all
governments, and other relevant non-governmental organizations, be
involved in a national discussion and the dissemination of the next
report.

Further to these comments, FAFIA has proposed that the best way for
Canada to better comply with CEDAW in view of all of the comments
provided above is for the federal government of Canada to establish a CEDAW implementation plan .
A framework for the development of such an action plan was developed
this past June at a national forum that FAFIA convened of grassroots
organizations and feminist policy experts.

Without the federal government taking the steps outlined in this
plan, Canada will fail to meet its international human rights
obligations to women.

We note that many of the areas in which the UN CEDAW Committee
recommended that Canada take strong action are identified as priorities
in the recent Speech from the Throne. These areas include improving the
well-being of Aboriginal Canadians, encouraging a stronger and more
constructive relationship with provinces and territories, recognizing
the credentials and skills of new immigrants, and implementing an
agenda of democratic reform.

The signatories to this letter call upon Prime Minister Paul
Martin to take decisive action to immediately address the concerns of
the United Nations Committee on the Elimination of Discrimination Against Women
(CEDAW) about Canada’s compliance. True democracy in Canada can not be
fully realized until every woman and girl fully enjoys her human rights.

Signatories,

Action Canada for Population and Development - Action Canada pour la population et le développement (Ottawa, Ontario)

Alberta Network of Immigrant Women (Calgary, Alberta)

Association féminine d’éducation et d’action sociale (Afeas)   - Montréal, Québec

Amnesty International (English-speaking Division, Canada)

Antigonish Women’s Centre (Nova Scotia)

Assaulted Women and Children’s Counsellor/Advocate Program,   George Brown College (Toronto, Ontario)

British Columbia Rural Women’s Network (Vernon, BC)

Bryony House (of the Halifax Transition House Association, Nova Scotia)

Canadian Association of Elizabeth Fry Societies (CAEFS)

Canadian Association of Sexual Assault Centres (Vancouver, British Columbia)

Canadian Labour Congress ? Congr ès du travail du Canada

Canadian Research Institute for the Advancement of Women - L’Institut canadien de recherches sur les femmes (Ottawa, Ontario)

Canadian Union of Postal Workers - le Syndicat des travailleurs et travailleuses des postes

Canadian Voice of Women for Peace (Toronto, Ontario)

Le centre de documentation sur l’éducation des adultes et la condition féminine (Montréal, Québec)

Centre for Equality Rights in Accommodation (Toronto, Ontario)

Chetwynd Women’s Resource Society (British Columbia)

Child Care Advocacy Association of Canada (Ottawa, Ontario)

Cool Women: Women of Canada Making History (www.coolwomen.org)

Corner Brook Status of Women Council (Newfoundland)

Canadian Association of Elizabeth Fry Societies (Ottawa, Ontario)

Coalition Against Sexual Assault (University of Saskatchewan)

Congress of Black Women

Disabled Women’s Network (Ontario division)

Elizabeth Fry Society of Manitoba

La Fédération des femmes du Québec

Feminists for Just and Equitable Public Policy (Halifax, Nova Scotia)

Ft. St. John Women’s Resource Society (British Columbia)

Golden Women’s Resource Centre (Golden, British Columbia)

Grand Falls-Windsor Committee Against Violence (Newfoundland and Labrador)

Intercede (Toronto, Ontario)

Kamloops and District Elizabeth Fry Society (British Columbia)

Libra House, Happy Valley-Goose Bay, Labrador (Newfoundland and Labrador)

Metis National Council of Women (Ottawa, Ontario)

Mother of Red Nations, Women’s Council of Manitoba (Winnipeg, Manitoba)

Merrymount Children’s Centre (London, Ontario)

Mile House & District Women’s Centre (Mile House, BC)

National Action Committee on the Status of Women ? B.C. Society

National Association of Women and the Law (Ottawa, Ontario)

National Associations Active in Criminal Justice (Ottawa, Ontario)

National Organization of Immigrant and Visibility Minority Women (Ottawa, Ontario)

Native Women’s Association of Canada (Ottawa, Ontario)

North Shore Women’s Centre (North Vancouver, B.C.)

Nunavut Regional Women’s Committee, Public Service Alliance of Canada - North

Penticton & Area Women’s Centre (Penticton, British Columbia)

Public Service Alliance of Canada - Alliance de la Fonction publique du Canada

Queen’s Women and Law (Kingston, Ontario)

Reinventing Our Legacy: University of Saskatchewan Women (Saskatoon, SK)

St. John’s Status of Women Council (Newfoundland and Labrador)

Simon Fraser Women’s Centre, Simon Fraser University (Burnaby, BC)

Toronto Women for a Just and Healthy Planet

Urban Core Support Network (Saint John, New Brunswick)

Vancouver Status of Women

Vancouver Women’s Health Collective

Women Building Peace by Peace (Toronto, Ontario)

Womenspace (Ottawa, Ontario)

U.N. Platform for Action Committee (Winnipeg, Manitoba)

YWCA Canada

cc: Honourable Jean Augustine, Minister of State (Status of Women)

Honourable Liz Frulla, Minister of Social Development

Hounourable Irwin Cotler, Minister of Justice

Honourable Andrew Mitchell , Indian Affairs and Northern Development
Honourable Judy Sgro, Minister of Citizenship and Immigration

Honourable Pierre S. Pettigrew, Minister of Intergovernmental Affairs

Honourable Hélène Scherrer, Minister of Canadian Heritage

Honourable Carolyn Bennett, Minister of State (Public Health)

Ms. Anita Neville, Chair, Liberal Women’s Caucus

Madame Diane Bourgeois, M.P., Bloc Québecois

Ms. Judy Wasylycia-Leis, M.P. , New Democratic Party

Madame Florence Ievers, Coordinator, Status of Women

1The
Feminist Alliance for International Action recognizes the right of
Québec to determine its own standards, programs and policies in areas
of its jurisdiction.