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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