As the world marked International Human Rights Day on December 10, Canada found itself in an awkward situation. Over the last year, the country has experienced great triumphs in human rights, but also great failures. Here are some examples.

Triumph

For decades Canada has been criticized as providing a safe haven for war criminals. Since the findings of the Duchesne Commission in the early 1980s, Canada had not successfully prosecuted any perpetrator of international crimes until this year. The conviction of Desiré Munyaneza for his actions during the 1994 genocide in Rwanda was a major step forward in improving our reputation on this front. Mr. Munyaneza was sentenced to life in prison with no eligibility for parole for 25 years. Since the sentencing, another Rwandan, Jacques Mungawere, was arrested in Windsor for his participation in the genocide and charged under the Crimes Against Humanity Act.

Failure

Despite these successes, Canada also finds itself grappling with what we might call “9/11 syndrome.” Ever since that fateful day, most of the world has struggled with balancing anti-terrorism measures and human rights. 2009 was the year of Omar Khadr. Canada maintained the dubious distinction of being the only country not to request the repatriation of one of its citizens from Guantanamo Bay. As a result, Khadr will face a military court in the U.S. despite his status as a child soldier during the war in Iraq and contrary to the Optional Protocol to the Convention on the Rights of the Child concerning involvement of children in armed conflicts.

Recently, it has also come to light that Canadian soldiers in Afghanistan handed over detainees to Afghan authorities to face torture. To say that the Canadian government had no idea that torture was committed in Afghan prisons strains credulity. The Afghan mission has not been an easy one for the country’s soldiers and they should be applauded for their commitment to bringing about positive change in that country. However, there are laws that must be obeyed. The prohibition against torture and the Geneva Conventions are beyond question. To ignore these issues and vehemently deny the veracity of these claims without a full airing of the issues is suspicious and frankly, not very smart. Even if these claims turn out to be false (which is doubtful) why not investigate them? Why not ensure that we comply with international law and that those who violate it are dealt with appropriately? This kind of knee-jerk reaction is the response you would expect from a third world dictatorship. Our government should be braver than that.

Hope

2009 has also been a year of hope. Following the Prime Minister’s apology to the First Nations peoples in 2008, three new commissioners were appointed to the Truth and Reconciliation Commission this year. Hearing the full story of the First Nations residential schools experience is an important step in healing the collective pain of the First Nations people.

There is also hope in a new private member’s bill to amend the State Immunity Act. This proposal would allow individuals to sue state parties for torture. To that end, the son of the photo journalist Zahra Kazemi has laid a suit against Iran. Kazemi was arrested while taking photos of the notorious Evin prison in Tehran. She was brutally tortured before being declared dead. Iran has failed to meaningfully address these allegations. If successful, the suit represents hope that Iran might finally be held responsible for her death.

As 2009 comes to a close, it is the government's failure on the Afghan detainee issue that has taken centre stage. Our elected officials must be brave and face these difficulties to reach a just solution. A failure to do so will bring shame on us all. Keeping our heads in the sand will not make these problems go away. There are too many watching for that to happen.

Despite this failure, there is always the hope that things will improve in 2010.