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Canada and International Human Rights

Address by Hon. David Kilgour,
MP Edmonton Southeast and Secretary of State (Latin America and Africa)
The People’s Peace and Human Rights Conference
University of Alberta, Edmonton, May 7, 2000

"Freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed." These are words of wisdom from a great man, someone who fought for the equality of his compatriots at home, but whose influence crossed many borders.

Martin Luther King Jr. is a symbol of hope, dreams and determination. By fighting for human rights in the segregated U.S. society, he articulated the reality that even in the land of "The Great American Dream," advances in human rights had to be achieved.

Nelson Mandela is another whose name stands out as a symbol of equality; a man with his own remarkable story, who gave most of his life for the same cause.

Nelson Mandela

Mandela is a world-wide symbol of how one person with a vision can make a colossal difference. During a farewell tour in the Autumn of 1998, the Canadian government gave him the Order of Canada. He is the first non-Canadian to ever receive this distinction. This was only a small gesture, but a huge symbol on behalf of the Canadian people, showing our respect and admiration for his courage and statesmanship.

Mandela’s tour coincided with celebrations marking the 50th Anniversary of the United Nations Universal Declaration of Human Rights, so he was also asked to unveil a plaque dedicated to Canadian John Humphrey, author of the first draft of the declaration, at the Human Rights Monument in Ottawa. The unveiling brought attention to Canada’s important role on the international stage in the promotion of human rights, and our history with the declaration itself.

The importance of the United Nations Universal Declaration of Human Rights cannot be overestimated. As UN Secretary General Kofi Annan has said "Human rights are what makes us human. They are the principles by which we create the sacred home for human dignity."

The Universal Declaration asserts that some rights are so fundamental that all societies should respect them; certain conditions must be available to all regardless of economic, social or political structure of a state. Hence the term "universal".

Universal Rights

This idea of universality is what makes the declaration important. Some nations still try to sweep human rights abuses under the carpet of national sovereignty, but this has become less and less acceptable internationally. Human rights are increasingly a universal concern. As Annan noted, "It is the universality of human rights that gives them their strength and endows them with the power to cross any border, climb any wall, defy any force."

While the declaration was not legally binding in the sense of imposing sanctions on governments that violated its principles, it nonetheless asserted those principles as a yardstick against which all governments should be measured. It also provided the impetus for many legal documents, both international and domestic, including Canada’s own Charter of Rights and Freedoms.

Canadian Charter

The Canadian Charter of Rights and Freedoms guarantees freedom of conscience and religion, opinion and expression, assembly and association; democratic and mobility rights; the right to life, liberty and security of the person; due process; equality before and under the law. Various modes of redress for human rights violations are available, depending on the nature of the right infringed and the remedy sought.

Canada does not expect other governments to respect standards which it does not apply to itself. This is why, as a signatory to all the principal UN treaties on human rights, our national government regularly submits its human rights record to be reviewed by UN monitoring bodies. We also accept the authority of the UN Human Rights Committee to hear complaints from Canadian citizens under the Optional Protocol to the International Covenant on Civil and Political Rights. These undertakings strengthen our reputation as a guarantor of our citizens’ rights and enhance our credentials to urge other governments to respect international genuinely standards.

In 1986, Parliament’s Special Joint Committee on Canada’s International Relations declared an all-party consensus that "the international promotion of human rights is a fundamental and integral part of Canadian foreign policy".

The Chrétien government reaffirmed this in 1996, noting the central role of human rights in our foreign policy, not only as fundamental values but as crucial elements in the development of stable, democratic and prosperous societies at peace with each other.

Advancing Rights Internationally

In seeking to advance human rights internationally, the essential question is how can Canada most effectively influence others to respect international human rights principles? Our aim is not to punish offending governments, and certainly not their populations, but rather to influence governments to respect a host of rights. Responses to specific situations require a balancing of many considerations: a government’s relative commitment to human rights; the range of Canadian interests at play; and above all the effectiveness of the means of influence at our disposal.

We have built an impressive international human rights record. We have worked hard to strengthen the human rights system, notably, through the creation of the UN High Commissioner for Human Rights and support for human rights treaty bodies. At the United Nations, we proposed and moved forward the creation of special rapporteurs to focus on specific threats such as freedom of opinion and expression, and violence against women. It’s a measure of this, I believe, that last week Canada was re-elected to our fifth consecutive term on the UN Commission on Human Rights.

Canadians are committed to the notion that a country’s progress depends equally on the progress of its women and girls. This commitment is reflected in both our domestic and foreign policy. We helped to achieve the UN Declaration on the Elimination of Violence Against Women in 1993; to create a UN special Rapporteur on violence against women in 1994, whose mandate continues as a result of a Canadian-led resolution. We continue to be strong advocates for the integration of women’s human rights and a gender perspective throughout the UN system and in other multilateral fora.

Canada also worked hard to develop the Options Protocol to the Convention on the Elimination of All Forms of Discrimination. It was adopted by the UN in October 1999 and is an extremely important achievement because it will permit women to bring complaints of human rights violations to the UN. The adoption fulfills a commitment our government made at the Fourth World Conference on Women.

Landmines Treaty

The historic landmines treaty was another initiative on which Canada played a leading role. The treaty provides a new norm for global efforts in the area of disarmament. Concern about the devastating impact of these weapons on human security provided the main motivation for international action. For the first time, arms control concerns were combined with elements of humanitarian and human rights law.

The most contentious area in terms of mainstreaming human rights is probably the relationship between trade and human rights. The issue has never been a trade-off between promoting commerce or human rights, but there is increasingly the realization that these two issues are linked. Trade with nations whose human rights record is poor or worse is being questioned, but trade does open lines to those in power who could make a difference.

Slobodan Milosevic

The role and initiatives taken by the Canadian government on the international scene regarding human rights are important, but I want to make a different point. There have been numerous Canadians who as individuals have had a significant impact. I think of our Supreme Court Justice Louise Arbour’s role as Chief Prosecutor of the International Criminal Tribunal for former Yugoslavia. On May 24 1999, she brought a formal indictment against Slobodan Milosevic, President of the FRY and Supreme Commander of the Yugoslav Army, and four other senior officials in the FYR, on allegations that hundreds and thousands of Kosovo Albanian civilians were expelled from Kosovo by Yugoslav troops. While no attempt has yet been made to arrest Milosevic, he is the first head of state ever to be indicted for war crimes while in office.

Another Canadian who made a difference is Craig Keilberger, whose Free the Children organization has done incredible work across the world to protect children’s rights. It is re-assuring to see someone at such a young age undertake such a cause so effectively. You are all aware that youth are often most the affected by human rights abuses.

Child soldiers and war-affected children are other concerns. Through development and peacebuilding, efforts Canada is committed to assisting children affected by war. The definition of "child soldier" is broad and the issue is complex. The challenge is to protect children and provide alternatives, to remove child soldiers from active combat, whether they have been soldiers, cooks, messengers, spies or sex slaves, and reintegrate them into family and community life. Canada is a leader on these efforts.

Child Labour

Despite advances, child labour remains common in many parts of the world. Eradicating it is not as simple as passing laws or declarations – many families depend on child breadwinners - but children forced to leave school early to support families usually do not achieve their potential for fulfilled lives. They are also forced to "grow-up" too fast, taking on adult responsibilities at a very young age. Child labour which is hazardous and dangerous and deprives children of the right to realize their full potential must be confronted.

Child prostitution and sexual exploitation are rampant in many parts of the world and is often fed by a sex tourism industry rooted in the so-called "developed world." Canada as worked hard at the United Nations to realize a Protocol to the Convention of the Rights of the Child, designed specifically to deal with this threat. It will require countries to criminalize activities associated with the sale of children, child prostitution and child pornography. It urges countries to extend their jurisdiction on such matters to acts committed by their citizens abroad. There should be no tolerance anywhere for such activities at home or abroad.

As Secretary of State for Latin America and Africa, I have visited countries that have made enormous strides in recent years. I have seen firsthand evidence of the return of respect of human rights in countries where equality and justice were all but forgotten. For example, in 1998, I was in Nigeria and saw changes that give us hope that human rights are returning. I was amazed at the turnaround compared to just a few years ago when writer Ken Saro Wiwa and eight of his young colleagues were executed by the military dictatorship. Now, President Obasanjo has successfully implemented the peaceful transition to civilian rule and authorities show respect for human rights.

I began with a quote from Dr. Martin Luther King Jr. about how it is those who are oppressed who must stand up for their rights. I did this to stress the idea that those in power won’t necessarily relinquish their authority or even acknowledge there is a problem, and those who do may need help to implement the changes. It is these cries for help that must not be ignored.

Although Canada has been at the forefront of various international agreements and policies, there is still much to do. Areas of concern, such as freedom of religion, freedom of expression and the media, and the challenges created by new information technologies are only some areas we must focus on. There are still issues here at home that cannot be overlooked.

Let me conclude with something the much-respected Czech President Vaclav Havel voiced just over a year ago when he addressed our Canadian Parliament. He said

"I am talking about the fact that there is a value which ranks higher than the State. This value is humanity. The State, as it is well-known, is here to serve the people, not the other way around. If a person serves his or her state, such service should go only as far as is necessary for the state to do a good service to all its citizens. Human rights rank above the rights of states. Human liberties constitute a higher value than State sovereignty. In terms of international law, the provisions that protect the unique human being should take precedence over the provisions that protect the State."

Thank you.

 
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