NEWS RELEASES
CANADA DECIDES AGAINST CO-SPONSORINGHUMAN RIGHTS RESOLUTION ON CHINA AT UN MEETING AND ANNOUNCES BILATERAL PACKAGE OFHUMAN RIGHTS INITIATIVES
April 14, 1997 No. 70
CANADA DECIDES AGAINST CO-SPONSORING
HUMAN RIGHTS RESOLUTION ON CHINA AT UN MEETING AND
ANNOUNCES BILATERAL PACKAGE OF
HUMAN RIGHTS INITIATIVES
Foreign Affairs Minister Lloyd Axworthy and Secretary of State (Asia-Pacific)
Raymond Chan today stated on behalf of the Government of Canada that Canada would
not co-sponsor a resolution on China's human rights situation at a meeting of the
United Nations Commission on Human Rights (UNCHR) in Geneva.
"Canada remains very concerned about the state of human rights in China,
particularly in the areas of religious freedoms and political dissent," said Mr.
Axworthy. "The government has decided, in light of the significant weakening in
consensus on the resolution among its traditional co-sponsors, that it no longer
carries the same weight it has in past years. Under the circumstances, we
concluded that Canada could have a greater influence on the state of human rights
in China by pursuing and intensifying our promising bilateral measures."
Through intensified dialogue with the Chinese government, agreement was reached on
the establishment and a meeting in the coming months of a joint Canada-China human
rights committee, which will address all human rights issues including religious
freedom. These commitments also included a broadened array of projects in legal
reform and institution building, such as Canadian assistance to develop a legal
aid system, more training of Chinese judges, work towards implementation of
China's obligations under the UN Convention on Torture and co-operative work on
minority affairs. The Chinese government has also made commitments to sign on to
additional international covenants.
"Agreement with China on this package of bilateral co-operation is an important
development in our relations. We are optimistic that this will lead to other
opportunities for us to influence change in China's human rights practices," the
Minister added. "Nevertheless, multilateral action continues to be an essential
component of Canada's approach to human rights in its foreign policy."
Mr. Axworthy confirmed that the Canadian delegation to the UNCHR will vote against
any no-action motion introduced by China.
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A backgrounder is attached.
For further information, media representatives may contact:
Catherine Lappe
Director of Communications
Office of the Minister of Foreign Affairs
(613) 995-1851
Media Relations Office
Department of Foreign Affairs and International Trade
(613) 995-1874
This document is also available on the Department's Internet site:
http://www.dfait-maeci.gc.ca
Backgrounder
EXPANDED PACKAGE OF
CANADA-CHINA HUMAN RIGHTS ACTIVITIES
Respect for human rights is one of Canada's most fundamental shared values. Indeed
the promotion of Canadian values is recognized as one of the three pillars of
Canadian foreign policy. Promoting respect for human rights and the rule of law in
China is therefore an essential Canadian objective. Canada pursues this objective
using all appropriate means, both multilateral and bilateral. At the United
Nations Commission on Human Rights in Geneva, Canada has co-sponsored a resolution
on human rights in China in each of the past six years it has been proposed.
Canada has joined with the European Union and other like-minded states in sending
a strong signal to the Chinese government that we expect China to abide by its
international human rights obligations.
This year, there has been a considerable erosion of support for the resolution as
a result of a break down in consensus within the European Union, the traditional
sponsor of the resolution. Canada has decided, in light of this weakening that,
rather than co-sponsor this resolution, we could pursue more effective means to
influence Chinese respect for the human rights of its citizens. To that end we
have intensified our, already productive, bilateral discussions with China,
including Foreign Affairs Minister Axworthy's visit to China earlier this April,
and have achieved the following package of co-operative human rights initiatives
with China.
NEW CANADA-CHINA INITIATIVES
1) Canada will be inviting China and other countries to a symposium to discuss
different approaches and concepts of human rights, with a view to better
understanding different perspectives. This will be one of Canada's Year of Asia
Pacific projects.
2) Canada and China have established a Joint Committee on Human Rights and dates
for a meeting will be confirmed shortly.
Agenda to include:
- political and civil rights, including fundamental freedoms;
- religious freedoms;
- economic, social and cultural rights;
- women's and children's rights;
- procedures to follow to meet the requirements of the International Covenants on
Economic, Social and Cultural Rights (ICESCR) and on Civil and Political Rights
(ICCPR);
3) Canada will assist China with a review of the application of its Criminal
Procedure Law and its impact, including proposing improvements in interpretation
and adminstration. A symposium on the subject has been proposed.
4) Canada will assist China to develop an Adversarial Trial System through such
initiatives as Defence counsel training and technical assistance.
5) Canada will also provide technical assistance in the development of an Evidence
Law, which may include an educational program for police and other legal
personnel.
6) Assistance to Develop a Legal Aid System will include study of Canadian models.
A public education program is also proposed;
7) Canada and China will exchange practical experience and theoretical knowledge
to promote implementation of corrections reform and reform of conditional release
policies;
8) A project will be developed on implementation of China's obligations under the
UN Convention on Torture;
9) A co-operative project is also planned on Minority Affairs with the Chinese
State Nationalities Affairs Commission;
10) A visit to China by represenatives of Canadian churches at the invitation of
the State Council General Office Bureau of Religious Affairs in the summer of 1997
is planned. Canada's Ambassador to China, Howard Balloch, will invite church
representatives to accompany him on a trip to Tibet in May.
WHAT CANADA HAS ALREADY DONE/INITIATED
A) Legal Reform
1) Through a project run by the International Centre for Criminal Law Reform and
Criminal Justice Policy, Canada has:
Assisted in fundamental changes to China's Criminal Procedure Law that:
- introduced presumption of innocence;
- stipulated right to contact defence lawyer much earlier in legal process;
- introduced concept of the adversarial trial system;
- introduced concept of a legal aid system to ensure right of defence for those
charged with capital offenses;
- introduced concept of "victim's rights";
- abolished system that allows police to detain a person for up to three months
without trial or right to contact a lawyer.
Provided technical advice and expertise to the Expert Drafting Group responsible
for the amended Criminal Procedure Law to improve their technical capacity, build
the group's credibility and establish themselves as a true non-governmental
organization (NGO).
Increased awareness of international standards applying to criminal justice among
senior officials, law drafters, senior prosecutors and academics in broad range of
legal institutions.
Established linkages and networks: Canada's first ever working relations with the
Supreme People's Procuratorate and its Training Centre for Senior Prosecutors,
Supreme People's Court and its Training Centre for Senior Judges, and the Expert
Drafting Group for the Amendments to the Criminal Law. Linkages were also made
with the Ministry of Justice and its National Legal Aid Centre, China Prison
Society and others.
Conducted research to support criminal law reform. Ten research papers were
published; a booklet on Canada's system of justice was translated into Chinese and
published; a book was co-authored on the implementation of UN standards in the
reform of Chinese criminal law and criminal justice; the Canadian Criminal Code is
being translated into Chinese to act as a teaching tool.
2) Through a twinning arrangement between the Canadian Bar Association and the All
China Lawyers Association, Canada has:
Assisted in the training of Chinese lawyers;
Expanded knowledge among the Chinese legal community of Western legal structures,
institutions and standards;
Provided technical advice on the establishment and management of independent law
firms now that Chinese lawyers have been given the freedom to practise
independently of the state.
3) Through a memorandum of understanding signed during the recent visit to Beijing
of Minister Axworthy, Canada has initiated a project to train senior judges that
will:
Strengthen the Supreme People's Court Judges Training Centre;
Draw the Chinese judiciary into the international legal community;
Provide modern teaching methods such as case studies to ensure integration of
theory and practice to produce better-qualified judges who will provide greater
degree of consistency, transparency and predictability in their judgements.
4) Through a project to support the implementation of the 1992 Law on the
Protection of the Rights and Interests of Women and Children, Canada will:
Strengthen existing services to support women's and children's rights;
Provide women with a means of exercising their rights through education and
improved legal mechanisms.
B) The Development of NGOs in China
Canada has provided expertise on establishing the legal status of NGOs, the
definition of their roles, organization, funding, governance and self-sufficiency.
This advice was critical to the establishment and/or development of the Research
Centre for Criminal Law, two legal aid clinics, two women's rights groups, and an
environmental rights group. The Canadian Council of Churches has also contributed
significantly to the revival of the YMCA in China.
C) Expanded Discussion of Human Rights in Non-Governmental Arena:
1) Royal Society of Canada/Chinese Academy of Social Sciences Democracy Project;
2) University of Ottawa Human Rights Research and Education Centre Symposium on
"Human Rights and the Right to Development", held in conjunction with the
International Law Institute of Beijing University, June 1996;
3) Occasional seminars arranged on an ad hoc basis around visits of Canadian
lawyers, legal experts and experts in human rights.
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