MR. AXWORTHY - ADDRESS AT THE CONSULTATIONS WITHNON-GOVERNMENTAL ORGANIZATIONSIN PREPARATION FOR THE 53RD SESSIONOF THE UNITED NATIONSCOMMISSION ON HUMAN RIGHTS - OTTAWA, ONTARIO
97/7 CHECK AGAINST DELIVERY
NOTES FOR AN ADDRESS BY
THE HONOURABLE LLOYD AXWORTHY,
MINISTER OF FOREIGN AFFAIRS,
AT THE CONSULTATIONS WITH
NON-GOVERNMENTAL ORGANIZATIONS
IN PREPARATION FOR THE 53RD SESSION
OF THE UNITED NATIONS
COMMISSION ON HUMAN RIGHTS
OTTAWA, Ontario
February 5, 1997
This document is also available on the Department's Internet site: http://www.dfait-maeci.gc.ca
Thank you for joining me in this year's consultations on human rights, in
preparation for the 53rd session of the UN [United Nations] Commission on Human
Rights. When I spoke with you last year, having just assumed the Foreign Affairs
portfolio, I outlined some of the principles for a Canadian human rights strategy.
Today I would like to review with you what we have done in the past year to fulfil
those principles, and to discuss some of our priorities for the coming year. I
look forward to the opportunity these consultations provide for us to exchange
views and discuss priorities and principles.
A Canadian Approach to Human Rights
A commitment to human rights is fundamental to Canadian values and identity. Thus
promoting respect for human rights, both internationally and within Canada, is a
crucial element of government policy. In our international relations, human
rights could be considered a "threshold issue." Human rights issues will be a
consideration in any relationship we have, whatever its other aspects, from the
moment we enter into that relationship.
Starting from this basic principle, we seek to develop a policy of effective
influence. This policy is based on our belief that dialogue and engagement,
rather than isolation, generally represent the most useful avenues for influencing
governments. In other words, we prefer to talk to people, not at them or about
them. Where necessary, however, we are ready to speak out strongly and to act.
In saying this we recognize that our ability to effect change can be limited, and
sometimes meets with resistance from countries who see our efforts as interference
in their own affairs. We also recognize that, while they are important, we cannot
focus solely on political rights; human security also requires stability and the
pursuit of economic and social rights.
Nevertheless it is important that we pursue the issue of human rights
internationally. It is important as an extension of our own beliefs. And it is
important because, in an age of interdependence, the international system can only
work if there is adherence to basic laws and standards. The critical question is
how to make it work -- how we can be effective.
Last year I outlined a basic strategy, involving our own domestic development,
multilateral and bilateral initiatives, and targetted special priorities. I would
like to review what we have done over the past year in each of these areas.
Engaging Canadians
The government made a commitment to open its foreign policy to all Canadians.
This is particularly important in the area of human rights. After all, non-governmental organizations [NGOs] have expanded the role of human rights in
foreign policy through their front-line reporting of abuse, promotion of respect
for rights and work in multilateral fora. It is NGOs who implement many of the
human rights, democratic development and good governance programs that CIDA
[Canadian International Development Agency] funds. And it is NGO workers who face
great risks in supporting the cause of human rights around the world. In recent
months, a number of NGO workers have paid for their dedication with their lives.
I would like to take this occasion to pay tribute to them, and to assure you that
we will do our utmost to protect Canadian human rights monitors abroad.
In the last year, we have established the Canadian Centre for Foreign Policy
Development and the John Holmes Fund to support discussion of foreign policy
issues among Canadians. The Fund has already sponsored a number of events related
to human rights, including round tables of human rights experts, round tables on
China and research on codes of conduct for international business. These events
provided me with a opportunity to hear the views of Canadians from many different
segments of society.
I invite you to visit the most recent of our outreach projects, the human rights
page on the Department of Foreign Affairs and International Trade's website, which
is being launched today. It provides information about human rights in Canadian
foreign policy and about specific human rights initiatives.
Multilateral Activism and Leadership
Turning to our human rights efforts outside Canada, we have been active in a range
of multilateral institutions. We believe that working through multilateral
institutions is a paramount strategy, both to apply pressure and to attempt to
build international consensus. Our aim is to give real force to the
mechanisms for monitoring, enforcing and preventing human rights violations around
the world.
In the last session of the UN Commission on Human Rights [CHR], for example,
Canada spoke out strongly on the Chinese no-action motion on the resolution on
China. Canada also took the lead in creating an agenda item for indigenous
rights.
To maintain a strong voice for Canada at the CHR, we will be standing for re-election to the CHR for our third consecutive term. I have asked Ross Hynes to
replace Leonard Legault as head of Canada's delegation to the CHR. Mr. Hynes will
be known to many of you already for his long commitment to human rights. The
Canadian delegation will take the lead on six resolutions this year, including
those on Rwanda, violence against women and mass exoduses.
Because of the importance we ascribe to the CHR, last year I became the first
Canadian Foreign Minister to attend its meetings. Unfortunately my schedule does
not permit me to travel to Geneva this year, but Canada will continue to be
represented at the ministerial level. I have asked Christine Stewart, Secretary
of State (Latin America and Africa), to attend on my behalf.
This year we also saw the election of a Canadian, former Chief Commissioner for
Human Rights Max Yalden, as an independent expert to the UN Committee on Human
Rights. His election is another example of the importance Canada attaches to the
human rights system and to the work of the UN treaty bodies.
We were also active at the 51st General Assembly of the UN. Canada played a key
role in the resolution on strengthening the Centre for Human Rights by ensuring
the continued autonomy of the High Commissioner and by reiterating the call for
adequate resources. Canada gave a very well-received country situation statement,
which set the standard among the Western group for its critical but constructive
approach.
We will continue to take the lead in supporting the efforts of the High
Commissioner for Human Rights to make the Centre for Human Rights in Geneva more
effective and to ensure that the High Commissioner's office in New York becomes an
integral part of the overall UN process. We hope to hear in the course of these
consultations your views on how to make the Commission more effective.
The Rights of Indigenous Peoples
One focus of our multilateral activity over the past year has been the rights of
indigenous peoples. This year, Canada took an important and symbolic policy step
on this issue. Our delegation to the UN Working Group on the Draft Declaration on
Indigenous Rights made a formal statement that Canada accepts a right of self-determination of indigenous peoples that respects the territorial integrity of
democratic states.
I have stated elsewhere that Canada supports a strong UN Declaration on Indigenous
Rights. In order to promote the UN process, however, the Canadian government must
work together with Canadian Aboriginal leaders. In October, I met with Aboriginal
leaders and made a commitment to enhance dialogue domestically on issues of
international importance. Since then officials have met twice, and will continue
to discuss substantive issues related to the Declaration. When I met Aboriginal
leaders again on Monday, we renewed our commitment to this process of
consultation, and agreed to work together to advance a broad range of activities
under the International Decade for the World's Indigenous Peoples.
Working Across a Wide Range of Multilateral Bodies
Canada has also been active in other multilateral fora: the OAS [Organization of
American States], where we co-chair the Working Group on Human Rights and
Democratic Development, the Commonwealth, the ASEAN [Association of South-East
Asian Nations] Post-Ministerial Conference and NATO [North Atlantic Treaty
Organization]. These are often the best settings for dealing with cases where
dialogue has broken down completely, or has failed to take place at all, as in
Burma.
Within the Commonwealth, we have worked actively in the Commonwealth Ministerial
Action Group [CMAG], on Nigeria, Gambia and Sierra Leone. We have provided a $2.2
million Democratic Development and Capacity-Building Fund for these three
countries. On Nigeria, in particular, Canada has taken a leading role in CMAG.
My colleague Christine Stewart will be attending the next CMAG consultations to
ensure continued ministerial-level attention to this file.
So far, however, we have seen little return on our efforts. The Nigerian
authorities remain unwilling to engage in a genuine dialogue. We will be watching
events closely, in the run-up to the CMAG recommendation this fall to Commonwealth
Heads of Government on whether to extend or end the suspension of Nigeria from the
Commonwealth.
On Burma, both the Prime Minister and I have urged ASEAN leaders to use their
influence to press the junta for real change. At last year's ASEAN Post-Ministerial Conference, I proposed the establishment of a contact group that would
work with the UN Secretary General to obtain compliance with UN resolutions.
The pursuit of persons indicted for war crimes is also a Canadian priority. I
have used all opportunities, including the recent Peace Implementation Conference
on Bosnia, to present practical proposals and garner support for our approach.
Canada has actively supported the work of the international war crimes tribunals
for the former Yugoslavia and Rwanda. A Canadian, Madame Justice Louise Arbour,
is the Chief Prosecutor for the International Criminal Tribunal in the Hague.
Engaging Other Countries
Bilaterally Canada has also been active, both in raising human rights in our
various talks and representations, and in pursuing programs of co-operation. We
raise our human rights concerns whenever possible.
For example, in discussions with the Chinese Foreign Minister over the past year,
I have raised the issue of liberties in Hong Kong, along with questions of
prisoners' and women's rights. As I said when I spoke on this issue last fall in
Vancouver: "...we expect China to permit Hong Kong's current way of life to carry
on. That means an economy free from unwarranted government interference and
commercial corruption. It means a representative Legislative Council. It means
the rule of law, an independent judiciary and freedom of the press and of personal
expression."
I am particularly concerned by the recent decision by the Beijing-appointed
Preparatory Committee to alter elements of Hong Kong's Bill of Rights and laws on
assembly and demonstrations after July 1. These changes weaken the protection of
individual rights and freedoms in Hong Kong. I am also concerned that decisions
on the evolution of Hong Kong's laws are being made by an appointed body, and not
by the elected Legislative Council in Hong Kong, where they properly should be. I
am hoping to go to China in the coming months, at which time I will have the
opportunity to raise my concerns with Chinese leaders.
A rare opportunity for Canada to raise human rights came in recent meetings in
Cuba, where I had a chance to speak directly with the President of Cuba and his
ministers. Canadian officials will be meeting with Cuban officials later this
month to continue this dialogue.
We have recently expressed our concern to the Colombian government over the delay
in opening a UN human rights office in Bogota. We intend to actively support that
office as soon as it opens.
We also use regular joint ministerial meetings as an avenue for putting human
rights on the agenda in bilateral discussions. This has worked well in the case
of Mexico, where we discussed judicial reform, human rights and the situation in
Chiapas in the context of our Joint Ministerial Committee meetings. In the course
of these discussions, we agreed to undertake joint activities to follow up on the
recent highly successful Canada-Mexico Aboriginal Economic Roundtable.
Human Rights and Trade
Perhaps the most sensitive issue in our bilateral activities is the relationship
between trade and human rights. Critics of engagement see a dichotomy between
trade and human rights. I would argue it is a false one. As people who work on
the front line of human rights concerns, you more than anyone are aware that the
relationship between these issues is much more complex than suggested in calls for
blanket conditionality on trade.
Trade on its own does not promote democratization or greater respect for human
rights. But it does opens doors. It creates a relationship between governments
and societies, within which we can begin to speak about human rights. In
addition, as closed countries engage in foreign trade and investment, they come
under increasing pressure to respect the rule of law -- and they see more and more
reasons why it is in their own interests to do so.
The key issue here is not a crude choice between trade or human rights, but rather
the need for responsible trade. This requires a closer look at the specific type
of economic activity involved in terms of its social impacts. In this context we
have focussed on issues such as core labour standards, child labour and military
exports.
Canada has, for example, actively supported work within the ILO [International
Labour Organization] to define core labour standards and examine social aspects of
liberalized trade. We took a leadership role at last December's WTO [World Trade
Organization] ministerial meeting in producing commitments to observe
internationally recognized core labour standards and to support the mandate and
work of the ILO.
We are also working in the ILO on a new convention on the elimination of the most
intolerable forms of child labour, for adoption in 1999. I will be speaking later
this month at a conference organized by the Netherlands in support of the efforts
of the ILO on child labour.
On military exports, last June I indicated my desire for stricter interpretation
of human rights criteria. My aim in this is to further minimize the risk of
Canadian military equipment being used against civilians, in the illicit arms
trade or to fuel local violence. Canadian military exports decreased by 12 per
cent in 1995, and our exports to lower-income developing countries remain very
low.
As part of our ongoing attempt to develop tools to promote responsible trade, we
sponsored a business round table on Nigeria last year. Following on that event,
the private sector is developing a code of conduct for Nigeria. One follow-up
meeting has already been held in Calgary hosted by Occidental Petroleum, and a
second will be held later this month.
Bilateral Co-operation in Human Rights
Where Canada has made a niche for itself is in supporting change from within.
This is perhaps the most distinctive feature of our human rights policy. The
Canadian approach involves what a participant in one of our round tables termed
"supporting local champions" to effect direct change. We believe that the impulse
toward democracy is inevitable, but at the same time we are realistic about some
of the governments we are dealing with. We do not expect these governments to
become sudden converts to the cause of democracy. But they will yield gradually --
because they have no other choice -- to pressure for change from within their own
society.
This approach is evolutionary, not coercive. Even if we wanted to force change,
we have to face the fact that Canada simply does not have the economic leverage or
the international clout to do so. We can, however, work from within to support
NGOs and develop a space in which civil society can grow.
This approach will not always succeed. Where dialogue or engagement are
impossible, one needs to take other approaches, including mobilizing international
action. In countries that are prepared to engage with us on even a limited scale,
such as Cuba, we will work for evolutionary change. For regimes that are
unwilling to enter into any sort of dialogue or exchange whatsoever, such as Burma
or Nigeria, we work for broader international action to press those regimes to
change their ways.
Let me give you a few examples of our work with the "local champions" of civil
society. In China, Canada has continued to fund a number of low-key, effective
programs, from training judges and lawyers to implementing laws on women's rights.
During my recent visit to Cuba, I issued a joint declaration with the Cuban
Foreign Minister. This represents, I believe, a significant step in our long-standing efforts to engage with Cuba in the areas of human rights and governance.
This declaration is a first step, but an important one. A work in progress, it
nonetheless presents an opportunity to work toward greater political space for
NGOs within Cuban society. The latter is a key element in any process of peaceful
evolution in Cuba toward a society with greater respect for human rights,
effective means of redress for its citizens and greater economic freedom.
In India, we have provided $1.6 million to help the Indian Human Rights Commission
develop human rights training and education programs in schools, many of which are
targetted at girls. Through these programs, and in dialogue with its Canadian
counterpart, the Indian Human Rights Commission will be working to instill an
indigenous culture of respect for human rights.
On Nigeria, we are using the $2.2 million democratic development fund we
established to work with Commonwealth groups, particularly NGOs. My colleague
Christine Stewart and I will be holding consultations with Commonwealth NGOs prior
to the upcoming CMAG meeting to discuss how we can work to best effect to improve
the human rights situation in Nigeria.
In Indonesia we have made progress in developing a strong and fruitful
relationship between human rights institutions. Our two national Human Rights
Commissions have a formal program of co-operation, funded by Canada. We are the
only country with such links to Indonesia's National Human Rights Commission, a
body which is now sufficiently well-established and independent to have openly
criticized the Indonesian government's actions in East Timor. This spring, an
all-party delegation of Canadian parliamentarians will be travelling to Indonesia
and visiting East Timor to observe conditions there directly.
In Iran, we are working with the Baha'i community to protect them from state-sponsored discrimination and repression.
In Guatemala, Canadian NGOs already have a rich depth of experience in providing
critical support to the most deprived levels of Guatemalan society, especially in
human rights. I encourage you to use these strengths, and to work with us, to
build lasting peace and respect for human rights in Guatemala.
In all these cases, we are using a combination of targetted financial support,
visits and exchanges, and work to broaden legal frameworks and strengthen human
rights institutions. In this way we support the internal dynamics of change. We
build support within societies for the respect of human rights. And we widen the
space within those societies for participation and involvement by citizens and
organizations outside government.
Children's Rights
One of the key commitments made by the government in the last Throne Speech was on
children's rights. When I became Minister of Foreign Affairs, I expressed my
determination to make this issue a priority for Canadian foreign policy. That is
why I appointed Senator Landon Pearson as a Special Advisor on children's rights.
Since then, she has led extensive consultations on children's rights, including on
child labour.
Last April, the government tabled Bill C-27 in the House of Commons. This Bill,
which was reported back to the House in December, would amend the criminal code to
allow for prosecution of Canadians who engage in commercial sexual activities with
children while abroad. In August, I led Canada's delegation to the Stockholm
World Congress Against the Sexual Exploitation of Children. A committee chaired
by Senator Pearson is following up on the Agenda for Action that came out of the
conference. We are also planning the possible exchange of data and training of
law enforcement officers to support the efforts of other governments in this area.
Canada is also working within the UN and the ILO to protect the rights of
children. I have already referred to our support for ILO work on eliminating the
worst forms of child labour. Within the UN, we are working with the Commission on
Human Rights on guidelines for two optional protocols to the Convention on the
Rights of the Child. One of these would require countries to criminalize the sale
of children, child prostitution and child pornography, and to extend their
jurisdiction extraterritorially.
During my recent visit to India, I held discussions on ways Canada could work with
India to tackle child labour in that country, including through our newly
established $500 000 Child Development Fund. Also in India, I discussed with NGOs
the possibility of applying child-impact assessments to our development programs.
Since my return I have raised this idea with my colleague Don Boudria, and CIDA is
following up on this proposal. I welcome your views on this initiative.
Making Human Rights an Integral Part of Foreign Policy
Canadian values, including the promotion of human rights, are an integral part of
our broader foreign policy. We are committed to integrating human rights
activities into the peace, security and development activities of the UN; in the
same way, we are committed to integrating them into our own international
relations.
We are also developing new tools of foreign policy. In a time of profound
international change, we recognize that conventional tools need to be bolstered.
Last year I announced two major new tools: the peace-building initiative, and the
Canadian International Information Strategy. Both of these have important human
rights elements built into them, and as such they will expand our capacity to deal
with human rights issues.
The peace-building initiative, supported by a Peace-building Fund, aims to
increase Canada's capacity for rapid, co-ordinated and flexible responses to
intrastate conflicts. These conflicts, marked by severe human rights violations
and repeated cycles of violence, have become increasingly prevalent in the post-Cold War era. Under the initiative will fall a range of human rights activities
aimed at building capacity in societies previously riven by violence, such as:
promoting free access to the media;
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providing human rights training; and
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establishing a roster of human rights experts to assist with these projects.
I am pleased to be able to announce today the operationalization of the Canadian
stand-by roster of human rights experts. This roster will ensure that skilled
Canadians -- such as yourselves -- will be able to support the peace-building
activities of Canada, the United Nations and other international organizations
through human rights protection, monitoring and reconstruction. The roster has
been established initially within the Department of Foreign Affairs and
International Trade. When it is fully operational, however, its administration
will be handed over to an agency outside government. Departmental officials at
these consultations can provide you with more information on the roster, including
how to apply. You can also refer to the new human rights page on the departmental
website.
I would also like to announce at this time that, in co-operation with the members
of the NGO-led Peace-building Contact Group, we will be holding this Friday the
first of the consultations on peace-building that I announced last October.
The Canadian International Information Strategy is another new tool with great
potential in terms of human rights. In an era of globalized economies,
international communications networks and shifting issue-based "coalitions of the
willing," we must recognize that the mouse, if not mightier than, is at least as
mighty as the missile. The Strategy will be a concerted effort of government and
the private sector to make more effective use of modern communications
technologies to achieve Canada's international objectives.
In this context, we are developing a strategy to use information technology to:
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present Canada, and Canadian values such as respect for human rights, to the
outside world; and
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achieve foreign policy goals, including human rights goals, in new ways.
The Strategy is still in the early stages of development, but I see great
potential. We are already considering ways of using information technology to
counter hate propaganda, train journalists and promote free media, and provide
human rights education. New technologies also play a key role in giving dissident
groups and human rights advocates access to information and dramatically improved
capacity to communicate. The use of the Internet by opposition groups in Serbia
is one of the clearest examples of how new technologies are being put to the
service of democracy.
Looking Toward the 50th Anniversary of the Universal Declaration
In the coming year, I am committed to maintaining Canadian activism on human
rights and our focus on key areas such as outreach to Canadians, the rights of the
child and Aboriginal rights. We will be developing innovative ways to promote and
protect human rights within the peace-building initiative and the Canadian
International Information Strategy. And we will be preparing to celebrate the
50th anniversary of the Universal Declaration of Human Rights in 1998.
The Universal Declaration has been a shaping force in our world for almost 50
years. Celebration of this important anniversary should be an occasion for
reaffirmation and renewal. And a time for tough, concerted actions that will move
the human rights agenda to the centre of a reformed and revitalized United
Nations.
Nineteen ninety-eight will see another milestone: the five-year review of the
Vienna Declaration and Program of Action [VDPA]. The active involvement of NGOs
is essential to achieving meaningful, long-lasting results from the review of the
VDPA. Given the internationally recognized expertise and effectiveness of
Canadian human rights NGOs, I have no hesitation in challenging you to play a
leading role in ensuring a meaningful anniversary year.
The Canadian government is already planning a number of events in the run-up to
the anniversary. The John Holmes Fund will sponsor a round table on the
opportunities and challenges presented by the Internet, including in the field of
human rights. We will also host a conference on making the work of the human
rights treaty committees more effective. This conference, to be organized by York
University, will bring together treaty body experts, NGO activists, scholars and
UN personnel.
I welcome your suggestions and proposals on how we might begin now, in 1997, to
lay the groundwork for progress in 1998, in Canada and abroad.
Conclusion
The protection and promotion of human rights is a primary Canadian value, and a
key goal of our domestic and foreign policy. In the past year, we have pursued
this goal vigorously in a wide range of settings, using an expanding set of
foreign policy tools. Human rights considerations inform our multilateral and our
bilateral relations, and are increasingly integrated across the full range of
Canadian foreign policy.
Governments cannot succeed in the vigorous promotion and defence of human rights
without the support of civil society, particularly of non-governmental
organizations such as yours. We value your insights on specific human rights
situations, and your views on how to ensure that our efforts to promote human
rights have the greatest possible impact.
Thank you.