March 14, 2005
GENEVA, Switzerland
2005/14
CHECK AGAINST DELIVERY
NOTES FOR AN ADDRESS BY
THE HONOURABLE PIERRE PETTIGREW,
MINISTER OF FOREIGN AFFAIRS,
TO THE 61st SESSION OF THE COMMISSION ON HUMAN RIGHTS
I am very pleased to be here with you again, at the United Nations Commission on
Human Rights, to debate fundamental questions on the promotion and protection of
human rights, questions that touch on both human dignity and peace and security in our
world.
When we look at the world today, we note the democratic advances made in recent
decades, but also the proliferation of intra- and interstate conflicts and the rise of
terrorism as a method for obtaining demands. In that context, the progress achieved in
promoting and protecting human rights is still too little. Indeed, it has been offset by
incidents of horrifying atrocities, which have too often led to dire situations where crimes
against humanity have been committed.
In recent weeks, there is a new promise of peace in the Middle East. We are
encouraged by the positive developments we can see in the region which, we hope, set
the scene for more constructive action on human rights. Still, the situation in certain
states warrants comment. After two resolutions adopted at the UN General Assembly
and several visits by UN Special Rapporteurs on Human Rights, Iran continues to fail to
implement many of its international obligations with respect to human rights; the time
has come for Iran to show its willingness to address its human rights record. The
human rights violations in Iran are serious and they must stop.
Canada continues to promote a strong multilateral system, capable of addressing the
whole range of inter-related contemporary challenges, from development to human
rights to peace and security.
As the international community prepares to gather for the Summit of Heads of State
and Government in New York this fall on the occasion of the 60th anniversary of the
United Nations, we have an unprecedented opportunity since the creation of the United
Nations to work to reform the multilateral system to make it more effective and to
enhance its capacity to take on today’s challenges. The report of the High-Level Panel
on Threats, Challenges and Change and the report Investing in Development about the
Millennium Development Goals have already stimulated debate on this issue, and we
await with great interest the report by the Secretary-General of the United Nations,
which is to be released shortly. Canada plans to make a very active contribution to
discussions on United Nations reform.
United Nations reform and human rights
The multilateral system for the promotion and protection of human rights has been the
subject of much criticism recently, much of it highly relevant. The credibility of the
Commission on Human Rights, in particular, has been challenged. The report by the
High-Level Panel addresses that question very eloquently.
What do we expect from a multilateral system for promotion and protection of human
rights? Canada believes such a system should help us develop standards; monitor
respect for human rights throughout the world; promote constructive dialogue; support
the strengthening of Member States’ capacities to promote and protect human rights;
and in the case of serious violations, intervene to protect vulnerable populations.
This system should be flexible, so that we can make progress in new areas, such as
fighting discrimination based on sexual orientation and gender identity; rise to today’s
challenges, such as respect for human rights in the fight against terrorism; and continue
to address “old” questions that unfortunately are still topical, such as torture, racism and
suppression of opinion.
To achieve this, we need a coherent, complete plan, and I would like to mention some
of the critical elements:
• First of all, the promotion and protection of human rights must be integrated into
all UN activities. In that respect, I must congratulate the High Commissioner and
her Office for her work with humanitarian agencies in Darfur. But much remains
to be done, both to implement the protection of human rights on the ground and
to ensure that all United Nations bodies, including the Security Council, give the
issue of human rights the attention it requires. The situation in Darfur underlines,
in particular, the links between conflict and human rights: the importance of the
promotion and protection of human rights as a tool to prevent conflict, as a
central responsibility of states during conflict, and as a means to restore
sustainable peace and pursue equitable development following conflict.
• It is also key to re-establish the credibility of the Commission, as well as to
strengthen the relevance and the quality of its work. In this respect, we look
favourably at the proposal for universal membership of the Commission. This
would provide an opportunity for all Member States to engage on human rights
issues—and we would look for a responsible and constructive engagement. We
should also look at improving the methods of work of the Commission, update its
agenda, consider the possibility of holding more—maybe shorter—sessions
during the year. To this end, we support balancing the country-specific function
of the Commission with its thematic focus. All victims of human rights violations
live somewhere, in some specific country. Canada holds that when this
Commission is provoked by the extent of violations in specific situations, it must
respond with more than general prescriptions. We are concerned about group
positions against these resolutions, particularly the use of “no action” motions to
stall debate on country resolutions. We believe that such motions are an abuse
of the rules of procedure which is incompatible with our responsibilities as
Members of the Commission on Human Rights. Further, to promote a culture of
transparency and accountability, we could look at the possibility of having the
Commission consider, over time, the human rights situation in each UN Member
State.
• Moreover, the Office of the United Nations High Commissioner for Human Rights
must be provided with more funding from the UN’s regular budget, so that it can
pursue its activities in numerous key areas for human rights, including support
for Special Procedures, treaty bodies, and technical and operational assistance
on the ground. These different instruments for the promotion and protection of
human rights should also be improved.
Canada will thus support all measures to achieve greater integration of human rights
into the work of the UN and the strengthening of human rights structures. But there is
also a need to ensure that the international community has both the will and the
capacity to respond effectively and quickly to crises where crimes against humanity and
war crimes are committed and the protection of civilians is threatened and human rights
violated. Promoting the Responsibility to Protect is at the heart of United Nations
reform. We are very pleased with the contents of the report of the High-Level Panel in
this regard, which recommends among other things that the rules for use of force be
embodied in relevant United Nations resolutions. Canada believes that next fall’s UN
Summit declaration should include recognition of sovereignty as a responsibility, to
signal recognition that sovereignty entails not only rights, but also obligations, especially
for the protection of civilians. In addition, Canada believes that it is critical that the
Security Council negotiate and adopt a resolution that embodies the guidelines for the
use of force recommended by the High-Level Panel.
The multilateral system for human rights: Canada’s contribution
Implementing all these reforms will obviously hinge on the support of all Member States
of the United Nations, especially the members of the Commission on Human Rights,
who have a special responsibility in that regard. Canada, for its part, is committed to
assuming its responsibilities. Accordingly:
• We plan to participate actively and constructively in the dialogue on reform. In
particular, we will work to strengthen cooperation among countries in different
regions, including through informal bodies such as the Human Security Network
or the Group of Friends on UN Reform.
• We will support the High Commissioner for Human Rights and her Office more
substantially. We recently committed to increasing our financial contribution, in
the amount of C$5 million over three years.
• We will also contribute actively to the work of the Commission on Human Rights,
notably by presenting a number of resolutions to empower the international
community to make progress in certain areas.
Allow me to elaborate the work that we will undertake on some resolutions this year.
The fight against impunity for perpetrators of serious international crimes through both
domestic and international mechanisms, including the International Criminal Court,
remains a priority for Canada. Establishing accountability for violations of human rights
is essential for justice and reconciliation in societies emerging from conflict. This year,
the Commission should welcome the updated Principles on Impunity and support the
High Commissioner in her efforts to work with States and the UN system to support
their capacity to fulfil their responsibility to protect the victims of the worst human rights
violations.
Another Canadian priority is the Draft Declaration on the Rights of Indigenous Peoples.
We will use our resolution to seek agreement on a one-session extension of the UN
Working Group on the Draft Declaration to complete its work. Significant progress has
been made by the Working Group in the last two years and States and Indigenous
peoples must seize this opportunity to produce a strong and effective Declaration in
2005.
As we think of the 10th anniversary of the Beijing Declaration celebrated recently by the
Commission on the Status of Women in New York, I must also say that the promotion
of women’s rights and gender equality continues to be at the core of Canadian foreign
policy. In New York, States reaffirmed the Beijing Declaration and Platform for Action
and have recommited themselves to their full implementation. Above all, we encourage
all States to respect the universality and indivisibility of women’s human rights, including
sexual and reproductive health and rights, and to refuse to make women’s rights
contingent on political and cultural considerations. Canada is proud to sponsor a
resolution on violence against women at the Commission as it has done for 11 years.
Implementing international obligations domestically
Each Member State has the responsibility to ensure that international standards are
implemented in its own country, and in so doing, to cooperate fully with the multilateral
system for human rights. Here again, Canada intends to assume its
responsibilities—both toward its own citizens and to the international community—and
calls on all other States to do the same.
• Canada has already ratified a large number of international instruments. We plan
to examine very seriously the possibility of ratifying others, including the Second
Optional Protocol to the International Covenant on Civil and Political Rights
(aiming at the abolition of the death penalty). We also plan to fulfill our reporting
commitments to treaty monitoring bodies.
• In a spirit of transparency and accountability, we extended an open invitation to
visit Canada several years ago to the Special Procedures of the Commission.
That invitation still stands. In the past 18 months, we have hosted the Special
Rapporteur on Contemporary Forms of Racism, Racial Discrimination,
Xenophobia and Related Intolerance and the Special Rapporteur on the
Situation of Human Rights and Fundamental Freedoms of Indigenous Peoples.
In the near future, we will host the Working Group of Arbitrary Detention. The
visit by the Special Rapporteur on Racism was an opportunity for the
Government to reaffirm its commitment to fight racism and to continue its efforts
to develop a plan of action against racism. The report on the visit to Canada by
the Special Rapporteur on Indigenous Peoples is a positive contribution to our
collective efforts to improve the lives of all Aboriginal peoples in Canada. In
general, we take very seriously the observations and recommendations made
during the many visits by Special Procedures to Canada.
• Finally, the Government of Canada is committed to maintaining an open and
constructive dialogue with Canadian civil society on all human rights questions.
In conclusion, I would like to underline that Canada will be celebrating the 20th
anniversary next month of section 15 of the Canadian Charter of Rights and Freedoms.
Section 15 stipulates that “Every individual is equal before and under the law and has
the right to the equal protection and equal benefit of the law without discrimination and,
in particular, without discrimination based on race, national or ethnic origin, colour,
religion, sex, age or mental or physical disability.” This article is a fundamental
expression of Canada’s deep determination to promote a society that recognizes the
worth of every individual, and every individual’s contribution to the greater community.
Over the last 20 years, Canada has progressed toward an era of substantive equality
where we accept and encourage differences and promote identical treatment for all.
Canada is a unique political project. As an open society, we have taken up the
challenge of equality amidst diversity and we have proudly made this a touchstone of
our identity.
Thank you.