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Feb. 10, 2006

Humanitarian award

Winnipeg lawyer David Matas helps people from around the world and he will be honored for it.
CYNTHIA RAMSAY

He has worked with Amnesty International, Beyond Borders, Canada-South Africa Co-operation, Canadian Helsinki Watch Group, the Canadian Council for Refugees and the International Commission of Jurists, to name several. He has held government appointments to the United Nations General Assembly, the Stockholm International Forum on the Holocaust and the Organization on Security and Co-operation in Europe conferences on anti-Semitism, to name a few. He has held a number of academic appointments, participated on many trial and election observation teams around the world and has written numerous books and manuscripts, including the recently published Aftershock: Anti-Zionism and Anti-Semitism. He has done all of this while working as a private practice lawyer in refugee, immigration and human rights law. It is easy to see why David Matas is being honored this month with the Brotherhood Interfaith Society's Man of the Year Award.

The Brotherhood Interfaith Society was founded in 1996. It is made up of five diverse Vancouver communities: the B'nai B'rith Foundation of B.C., the Ismaili Muslim Community of B.C., the Vancouver Chinatown Lions Club, Knights of Columbus, B.C. and Yukon, and Confratellanza Italo – Canadese.

Sam Shamash, who is chairing this year's ceremony, said that the society's purpose is mainly "building understanding, cross-tolerance and co-operation between various religious [and] ethnic organizations, and also to promote equality and unity, so that we overcome racism."

The five groups attend each other's functions and they are ready to settle things down and co-ordinate understanding, if there is an incident that causes racial tensions to escalate in British Columbia, said Shamash. He added that the society is trying to get the Iranian and Sikh communities to join.

The Man of the Year Award has been presented annually since 1970.

"The criteria [for the award] are that somebody has to be an outstanding Canadian citizen ... who [has] made a large difference to our community and humanity, so it's a service to the community, country and humanity."

Each year, there is a different sponsoring organization for the potential honoree – this year that group was the B'nai B'rith Foundation – that puts forward three names for consideration and the committee of the society, which includes members from the five groups that comprise it, selects the award-winner.

In the society's choice of Matas as this year's Man of the Year, Shamash said it was the variety of charitable organizations with which Matas was involved that made him stand out among the candidates.

"Generally, you'll find a lot of people really active with Red Cross or [the] Cancer Society or one organization," said Shamash. "This guy [Matas] was incredible in the number of organizations that he's been involved, like Helsinki [Watch Group], Amnesty [International] ... Beyond Borders, United [Nations] General Assembly, all kinds of anti-Semitic stuff – this is not only Jewish organizations like B'nai B'rith [or] Canadian Jewish Congress, with which he's very active. He was even called to Kabul, to Afghanistan, last year, I believe, to monitor elections. So, there's a Jewish guy from Canada going into a Muslim country and helping the refugees coming back to Afghanistan. A lot of these things he does pro bono and so that's what stood out for him."

Matas told the Independent that he first got involved with human rights issues through his profession as a lawyer with a refugee law practice, since refugees are victims of human rights violations.

"Dealing with human rights generally in the source countries, the countries from which the refugees came, is a way of dealing with the problems in a more general way and sort of removing the root causes that generate the refugee outflow.

"Also, when I was growing up, I was very much struck by the Holocaust and wanting to do something about it. Through human rights work and writing and advocacy, it's given me an opportunity to come to grips with, in some way, the phenomenon of the Holocaust and to make some contribution to making some sense out of it."

In the promotional material for the society dinner, Matas is cited as saying that the lessons of the Holocaust are clear: "Prosecute, convict and punish mass murderers. Protect refugees. Never accept in silence the gross violations of human rights. Ban hate speech."

In speaking to the Independent about why these lessons are difficult to implement, Matas said they each have their own obstacles.

"Each of these goals has their own kind of nemesis or horseman [of the Apocalypse] that is opposing them. When you're dealing with Nazi war criminals, I think there's a problem of indifference, or insularity. I mean, people, I find, they feel that these are crimes that happen to somebody else, by somebody, in another country and they just don't care or they don't feel it affects them, so there's a problem of communicating the universality of human rights, the indivisibility of humanity and the problems of impunity in one crime [which] means crimes are repeated and so on. That's the problem I've been facing with war criminals – the indifference and the insularity.

"When it comes to refugees, there's a certain amount of racism and xenophobia. There's also an unwillingness to believe. People have difficulty identifying with the refugee plight because it's so different from their own and they have a tendency to think that refugees are economic migrants because refugees usually come from poorer countries to Canada, which is a richer country. They tend to think that's the motivation, so there's the whole problem of getting through the skepticism of the decision-makers, the media and the politicians ... looking at it through Canadian eyes, where we don't have the experiences that refugees have or where the world doesn't work in these other countries the way it works in Canada. I think that it's a problem, again, of people not focusing on the people in front them, instead looking at it through the opposite of rose-tinted glasses, maybe black-tinted glasses, I guess you could say. That's the problem with refugees.

"When it comes to advocating human rights generally around the world," he continued, "there is a sense of helplessness, the notion of 'what can I do about violations of a long ways away,' whereas the reality is of course [that] international pressure makes a lot of difference to respect for human rights. Very often, these violations occur in a context where people aren't paying attention or don't care or aren't doing anything about them and turning the spotlight on them really does help to remedy them.

"With hate speech, there's the problem of what I would call free speech absolutism ... meaning that free speech matters more than any other human right, has priority over all other rights and it's the lynchpin for the whole human rights system. I've heard that expressed a lot of different times in a lot of different ways but my own view is that the right to be free from incitement to hatred is as important as the freedom of expression. The two have to be balanced one against the other and you can't just have one human right and say that's all there is," he concluded.

Matas travels extensively, working on many projects at once. He can range from spending a month working from his home in Winnipeg to, for example, being in five countries in the space of a month, which was what he said he did this January.

"While I'm here or there, I'm also working on my practice as best I can." he said. "[If] there's a memoranda that has to be written, it can be written from anywhere. When I'm traveling, I check my e-mail, call my office, answer my messages. When I'm in my office seeing clients, I'm also dealing with the human rights work and the articles. I do a lot of academic stuff. I don't just write books, I do peer reviews of academic articles and review books for different publishers for publication and so I'm always carrying this stuff around with me and I'm reading it. I'm doing as much as I can related to my work all the time."

Matas spoke to the Independent from Ottawa, the night before he was to head to Haiti to act as an election observer.

"I'm part of an election observation team," he explained. "There are 106 short-term Canadian observers, 20 long-term Canadian observers. The Canadian team is part of an international team, which Canada is actually leading. We're basically just keeping an eye on the election to make a report, or to contribute to a report, about whether or not the elections were free or fair, which will be made by the team. We'll each feed in our information and the leadership of the team will produce a report about their own evaluation of the elections."

About the state of the world, Matas said he has seen many places that have improved, others that have not, giving Zimbabwe as an example of a country that has gone backward in the last few years, rather than forward.

"In terms of fatalities, if you look at fatalities from wars, they have gone down in the last few years and the world refugee population has gone down," said Matas. "Right now, things look a little more positive than before, but within that overall scheme, there are situations and countries where things have gotten worse, rather than better. Look at Israel now, with Hamas as the government and leading power of the Palestinian Authority – that situation is worse, not better.

"What you're dealing with in human rights violations in a sense is human nature and human nature doesn't change. The proclivity for doing harm and doing evil is always going to be with us and the battle for human rights never ends. I think part of the reason I am able to keep going is the realization that I can't expect an easy or quick victory in this and it's unrealistic to do that."

Matas encouraged everyone to become involved.

"The issue of human rights arises in a lot of different contexts in a lot of different countries in a lot of different ways and there are many different rights," he said. "I would say people should get involved in the area that they're interested in and the right that they're interested in. I mean, even I am very involved in the issues of hate speech and anti-Zionism and refugees, but I'm not that involved in the right to housing or the right to food or the right to adequate medical care and so on. It's too much to expect anybody to get involved in everything, but I think it's important that everyone get involved in something. To me, part of being human [is] to identify with humanity, to help humanity, to show solidarity with the rest of humanity. So I would say, pick your right, pick your country, pick your subject, but do something."

The Brotherhood Interfaith Society Man of the Year Award will be presented to Matas at a dinner on Feb. 25 at the Richmond Country Club. In addition to many other activities, the event will feature entertainment by Tzimmes, led by Moshe Denburg, joined by saxophonist Saul Berson and perhaps another musician. Tickets for the dinner are available by contacting Shamash at 604-257-7365 or [email protected] or Neil Ornstein at 604-684-5356 or [email protected].

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