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<p><font size="+1"></font><font size="+1"><strong></strong></font><font size="+1"><strong>2004/16 <u>CHECK AGAINST DELIVERY</u></strong></font></p>
<p align="CENTER"><font size="+1"><strong></strong></font><font size="+1"><strong>NOTES FOR AN ADDRESS BY</strong></font></p>
<p align="CENTER"><font size="+1"><strong>THE HONOURABLE BILL GRAHAM,</strong></font></p>
<p align="CENTER"><font size="+1"><strong>MINISTER OF FOREIGN AFFAIRS, </strong></font></p>
<p align="CENTER"><font size="+1"><strong>TO THE 60TH SESSION OF THE </strong></font></p>
<p align="CENTER"><font size="+1"><strong>COMMISSION ON HUMAN RIGHTS</strong></font></p>
<p><font size="+1"><strong></strong></font><font size="+1"><strong>GENEVA, Switzerland<br>
March 16, 2004</strong></font></p>
<p>It is an honour for me to address this assembly today, and I extend Canada's best
wishes to you in the fulfilment of your important role. For Canadians, the Commission
on Human Rights remains the pre-eminent intergovernmental body charged with
promoting human rights for all. And yet every year, as governmental representatives
meet here, we are reminded of how far we are from making this Commission live up to
its full potential. </p>
<p>Reinvigorating the Commission on Human Rights was central to the vision of the late
Sergio de Mello. </p>
<p>I believe that it is our responsibility, as present and future members of the Commission,
to ensure that his work continues. Canada has been doing its part to identify ways to
strengthen the Commission, among other things, by chairing two dedicated sessions of
the Human Security Network, which discussed a number of ideas. In this context, I am
pleased to see that the number of pre-sessional meetings of cosponsors has increased
this year. Other ideas, such as voluntary human rights commitments by members and
candidates, also deserve to be further explored.</p>
<p>In all this, it is Canada's aim to improve the effectiveness of the Commission so that it
may fulfill its role as a credible multilateral institution that is capable of carrying out its
mandate. I think it is fair to say that the credibility of the Commission has been
damaged of late through a widening North-South divide, and through the increasing
politicization of a number of issues, including the Middle East situation. While a
disproportionate amount of time is spent singling out one country, the Commission fails
to address other specific country situations due to hardening divisions between regional
groups.</p>
<p>I would like to thank Acting High Commissioner Bertrand Ramcharan for his continued
contribution to the cause of human rights over the past year. I would also like to say
how proud Canadians are that the next High Commissioner for Human Rights will be
Madam Justice Louise Arbour.</p>
<p>As you all know, we are living in times when the news is dominated by conflicts and
violence and the world's response to them. Many issues before us in this forum are
ones concerning the human rights of persons affected by violence and its aftermath. </p>
<p>During violent conflict, the protection of civilians is paramount. For this reason,
diplomatic efforts to seek negotiated solutions and ensure respect for human rights,
humanitarian and refugee law, together with support for humanitarian and human rights
field operations, must be pursued and respected by all parties. </p>
<p>But we also must think in a broader way about the imperative of protection. In its
landmark report <em>The Responsibility to Protect</em>, the International Commission on
Intervention and State Sovereignty declared that states hold primary responsibility for
protecting their citizens. When a state is unwilling or unable to fulfill this responsibility,
however, or when it itself is the perpetrator of massive abuses, the international
community must assume a collective responsibility to protect. </p>
<p>While few would disagree with this principle, it is time for all states here to engage in an
open debate about the specific proposals in this report, so that they may be applied in a
way to end situations in which terrible suffering is inflicted on innocent civilian
populations by the very governments whose duty it is to protect them.</p>
<p>In the aftermath of violence, moreover, all states have a responsibility to prosecute
those most responsible for genocide, war crimes, and crimes against humanity. The
establishment of the International Criminal Court is a major step forward in global
efforts to secure justice for victims and deter future atrocities, and the whole world
should support the Court's efforts. </p>
<p>But in addition to international efforts, the domestic capacity of states to combat
impunity must also be increased. For this reason, I ask you to support Canada's
proposal that the Commission appoint an independent expert who would advance
international principles in this area and help states strengthen their efforts to prosecute
perpetrators of international crimes.</p>
<p>Today we all join our Spanish colleagues in mourning the death and injury of innocent
civilians who were victims of terrorist violence in their country. Others have also
suffered similar tragedies. Canada has adopted domestic legislation and supports
vigorous international measures to make the world safer by identifying terrorists,
disrupting their operations, and punishing their acts.</p>
<p>This session will be called upon to consider these efforts in the light of human rights law
and obligations. Whether by adopting our own domestic legislation or by framing
international responses to terrorism, Canada has always been conscious of the need to
achieve two goals that are fundamental to our security: the need to protect ourselves
from attack, and the need to preserve the very principles of freedom and human rights
that are at the core of our beliefs as a society. </p>
<p>Indeed, we believe that if we disregard human rights, we will only be creating new
sources of injustice, thus sowing the seeds of future violence. We therefore are of the
view that we must work together to ensure that counter terrorism measures respect
human rights and fundamental freedoms, and that they comply with international law,
including humanitarian and refugee law, if we are to succeed in our aim of making this a
safer world.</p>
<p>Today, as citizens of all our countries increasingly travel around the globe, we cannot
allow states to use security as a pretext for violating the human rights either of their own
citizens or of foreign nationals on their soil. In the past year, Canadian citizens abroad
have been detained in foreign jails without charges, tortured, and murdered in custody.
Canada will continue to scrutinize the human rights records of states that do not respect
their international human rights commitments, and we will urge that such states be held
accountable for their abuses.</p>
<p>The increasing global movement of people fleeing violence, persecution and economic
desperation must also be met with a determination to protect their human rights as well.
It is time for the international community to examine the diverse reasons for global
migration, and for this Commission to assess constructively and collectively the human
rights dimension of this new global reality.</p>
<p>We all know that preventing violence and dislocation, rather than responding to it after
the fact, must be our ultimate aim. We also know that the protection of human rights is
crucial to that goal; a safer and more prosperous world will be attained only by
addressing the conditions that foster violence and instability. </p>
<p>In too many areas of the world, people continue to face discrimination. In my own
country, the vast majority of our citizens are proud of Canada's astonishing cultural
diversity, but they also recognize that racism is a serious problem and that we have to
take necessary measures to eliminate it. </p>
<p>The recent visit to Canada of the Special Rapporteur on racial discrimination,
xenophobia and related intolerance has highlighted issues that my country is grappling
with. Both domestically and internationally, the fight against racism is a top priority for
Canada. It should also be a top priority of states to draw on many of the strategies and
approaches outlined in the Program of Action of the World Conference Against Racism. </p>
<p>The human rights of indigenous peoples also must receive our attention. In 1995, states
committed to completing the draft UN Declaration on the Rights of Indigenous Peoples
by the end of the decade. To fail in this would be shameful; to achieve it, historic. Our
objective should be to arrive in Geneva next year with a consensus text in hand.</p>
<p>We also place a very high priority on the rights of women to be free from violence, an
issue of vital concern to men and women alike. Too little has changed in the 10 years
since the UN Declaration on the Elimination of Violence Against Women. Canada
supports the ongoing role of the Special Rapporteur on violence against women. And
above all, we encourage all states to reaffirm the universality of women's human rights,
and to refuse to make women pawns of political and cultural polarization.</p>
<p>On another front, discrimination on the grounds of sexual orientation and gender
identity is increasingly being recognized in the international human rights system.
Canada will also be active in urging progress against this long-standing obstacle to a
truly universal enjoyment of human rights, and we urge the Commission to address this
important issue. </p>
<p>The struggle to fulfill the human rights of all is not only about combatting violence and
discrimination, of course; it is also about securing the conditions in which all can fully
enjoy their civil, cultural, economic, political and social rights. In the Millennium
Declaration, world leaders recognized the fact that the enjoyment of all these rights is
intrinsic to achieving the Millennium Development Goals. </p>
<p>Canada believes that national governments bear primary responsibility for their citizens'
realization of the right to development, and we aid other states in fulfilling that
responsibility through our international development efforts. We strongly support the
initiative to reduce the debt burden of heavily indebted poor countries. We also strongly
support the New Partnership for Africa's Development. And we have opened access to
our markets by removing quotas and tariffs on almost all imports from Least Developed
Countries. </p>
<p>We all know that progress toward the Millennium Development Goals and the fulfilment
of human rights is being jeopardized by epidemics such as HIV/AIDS, tuberculosis and
malaria. Enabling access to medicines for these diseases is essential to promoting
economic and social development, and, indeed, human security. Last November,
Canada became the first country in the world to introduce legislation implementing the
WTO agreement to permit the manufacture of affordable medicines for HIV/AIDS and
other epidemics, and we urge others to follow this important initiative. </p>
<p>The Canadian delegation will work with the chairman, with the bureau, and with
governments and NGOs [non-governmental organizations] to make genuine progress at
this session. We hope to be back as a full member of the Commission next year to
continue addressing the urgent issues before us, and we wish all Commission members
well this year as they exercise their important mandate to improve the living conditions
of millions of vulnerable people throughout the world.</p>
<p>Thank you.</p>
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