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Oct. 14, 2009 - Issue #730: North of Nowhere

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George Bush Protest

Anti-war activists call for arrest of former-US president Bush ahead of Edmonton visit

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By the time his tumultuous eight years in office came to a close, the Republican's grip on the Oval Office swept emphatically away by a soaring oratory promising change and hope which found fertile ground amongst the electorate of an economically devastated, globally distrusted and war-weary United States, George W. Bush was widely considered to be the most unpopular president in the history of the republic. And this, keep in mind, is a nation that gave the world Richard Nixon.

Despite his legacy—which included the invasion of both Afghanistan and Iraq, a "global war on terror" which led to a troubling erosion of civil liberties in the US and around the world, the use of extraordinary rendition and torture, Guantanamo Bay and Abu Ghraib—within two months of leaving office Bush made his first official post-presidential speech on this side of the 49th parallel, collecting an estimated $150 000 to speak to an audience of 1500 in downtown Calgary.

But outside the invitation-only event last March was a throng of protesters calling for the arrest of Bush for war crimes and crimes against humanity committed by his administration. It's a call which anti-war and human rights activists will be repeating next week in Edmonton, Saskatoon and Montréal when Bush returns to Canada for another round of speaking engagements.

"I’m absolutely appalled that he will be coming here for the second time [since March] and that our government doesn’t live up to its own laws," says Marie Chidley, a member of the Edmonton Coalition Against War and Racism (ECAWAR), which is organizing a public protest to greet Bush's October 20 stop in the city. "He’s a war criminal. He leaves a legacy of war and aggression, and we need to get out there and make our position known. When this war criminal comes among us and speaks at a local conference centre, I think it’s important that we get out there and call for democracy and justice. If we can’t find a means to bring these war criminals to court, to justice, how do we go on from a human point of view?"

Holding Bush to account for his actions while president has been a five-year effort for Vancouver-based attorney Gail Davidson, a member of the Canadian arm of the international group Lawyers Against the War (LAW). Starting in advance of a November 2004 visit by then-president Bush to Canada, LAW has repeatedly called on the Canadian government to either bar Bush from entering Canada under Section 35 of the Immigration and Refugee Protection Act, which says that people suspected of involvement in war crimes, crimes against humanity or other gross human rights violations are inadmissible to Canada, or arrest him if he is admitted into the country.

"If the Canadian Border Services Agency has received credible information about a person suspected of human rights violations, then [CBSA agents have] the duty to bar them from entry and remove them from the country," Davidson explains over the phone from Vancouver. As it did in advance of Bush's visit to Calgary in March, Davidson's organization has once again sent letters to a range of Canadian officials arguing that Bush should not be allowed to enter the country under the terms of the act.

"We focused on torture just because I thought that it was better to focus on a well-reported-on and evidenced allegation, and torture is both a war crime and a crime against humanity," she explains. "The test for reasonable grounds under that section is, according to the Supreme Court of Canada, that it is more than a suspicion and something less than proof, to the balance of probabilities. And the person doesn’t have to have had direct participation in the crime, they just have to be complicit in it in some way."

If someone suspected of war crimes is allowed to enter Canada, Davidson adds, it becomes the obligation of law enforcement agencies to arrest them.

"One of the reasons for barring people suspected of complicity in these crimes is that the way that the law is set up in Canada is that once a suspect enters Canada, the crime or crimes are then in law deemed to have been committed in Canada, and then the law enforcement agencies in Canada are bound to act to arrest and prosecute or remove the person. And they can’t do anything else," she says.

While LAW's efforts have thus far been dismissed on procedural grounds by the courts or almost completely ignored by Canadian officials—and she doesn't realistically expect a different outcome ahead of Bush's October 20 arrival—Davidson argues that actions aimed at calling on the Canadian government to live up to its international obligations are important, and similar to historical efforts aimed at ensuring the enforcement of civil rights or environmental legislation.

"Since the Second World War, the laws regarding personal culpability for war crimes and the crimes themselves are all new. This is big change in the law that says the people in charge will be personally responsibility," she says. "Those conventions have been agreed to internationally, then ratifying countries like Canada have made them part of their laws. However, the next step, enforcement, is another whole step. Whenever there’s a big change like that there’s a lot of effort before the enforcement stage happens. And so I see that’s what we’re doing now, we’re in that stage. And it’ll certainly take time." V

Tue, Oct 20 (4 pm – 7 pm)
George Bush Go Home! War criminals are not welcome in Canada! Rally
Shaw Conference Centre (9797 Jasper Ave)
For full details visit ecawar.org 

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