March 28th 2008

The Honourable Maxime Bernier, PC, MP
Minister of Foreign Affairs Canada
Lester B. Pearson Building
125 Sussex Drive
Ottawa , Canada
K1A 0G2

Dear Minister Bernier,

Re: Canada 's UNHRC vote at U.N.Human Rights Council

NCCAR would like to express its appreciation to the Canadian government for not opposing the appointment of Prof. Richard Falk, by the U.N.'s Human Rights Council to become the next special rapporteur on the Palestinian territories. Allowing the nomination by consensus of all 47 members of the Human Rights Council was the right thing to do.

As an emeritus professor of international law at Princeton University , Prof. Falk's approach is strongly anchored in international law. Israel 's opposition to Prof. Falk is simply another indication that the international community must apply a single standard and make both Israel and the PA equally accountable for their actions. In this case, Israel remains the occupying power and the party most able to change the deteriorating humanitarian realities on the ground. The current asymmetric situation has allowed the conflict to continue at far too high a cost for civilians and for the whole region.

Regrettably, Canada 's subsequent vote against the resolution on the Israeli settlements in the Occupied Palestinian Territory , including East Jerusalem , and in the occupied Syrian Golan indicates that while our policy in opposing the settlements is sound, the government will not implement it. This lack of consistency further damages Canada 's reputation and undermines the search for a just peace, which is the only way to ensure security for all. Numerous respected international and regional human rights organizations have recently commented on the dire human rights situation in the Occupied Palestinian Territory . Their analysis is consistent with the international view that the conflict in the Occupied Palestinian Territory is not between two parties of equal economic and political might -- with equal rights and responsibilities -- but between two vastly unequal parties, one the occupier and the other the occupied, with quite different rights and responsibilities. Canada 's vote completely sidelined this understanding and this international consensus.

As signatories to international legal conventions, UN member states have an obligation to uphold international law. This must be followed by demonstrable and sustained diplomatic action. For example, the building of settlements on occupied Palestinian land is not allowed under the Geneva Conventions, signed by both Israel and Canada.

NCCAR urges the Canadian government to take steps towards meeting its international legal obligations and take a more public stance against the on-going settlement building in the Occupied Palestinian Territory which is in violation of the Road Map, as well as Article 49(6) of the 4th Geneva Convention, and Section 8(2 )( b)(viii) of Canada's Crimes Against Humanity and War Crimes Act.

Sincerely,

Bahija Réghaï
President

Cc.
Hon. Bob Rae, Foreign Affairs Critic - Liberal Party
Francine Lalonde, Foreign Affairs Critic - Bloc Québécois
Paul Dewar, Foreign Affairs Critic - New Democratic Party
Real Ménard, Canada - Palestine Parliamentary Association
Hon. Senator Lucie Pépin, Canada-Palestine Parliamentary Association and
Hon. Senator Dennis Dawson Canada-Arab World Parliamentary Association