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30 March 1998
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54th session of the Commission on Human Rights
16 March - 24 April 1998
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Statement by H.E. Mr. Lloyd Axworthy,
Minister for Foreign Affairs of Canada
Geneva, 30 March 1998
At this time, and in this place, it is fitting that we celebrate the 50th anniversary of the Universal Declaration of Human Rights (UDHR) by asking how we can strengthen and adapt the UN human rights system in an era of unprecedented global change. It is true that the UN has developed impressive human rights credentials and tools over the last 50 years. But are these enough to meet the profound underlying changes that we face?
Human Rights in a Changing World
The breakdown of the old bipolar world order has created new possibilities to promote and protect human rights. Globalization has opened up borders to new ideas and information, providing opportunities to build a universal culture of human rights. Democracy has taken root in the majority of the world's states, and civil society is thriving. The conditions are there to achieve progress on human rights unimagined by the drafters of the Universal Declaration in 1948.
At the same time, human rights violations continue in many parts of the world: political dissidents are being jailed, people are being tortured and internal conflicts are claiming innumerable civilian lives. Globalization has a dark side: transnational organized crime, terrorism, environmental pollution, hate propaganda distributed over the Internet, and growing global economic inequities.
In short, although recent years have seen impressive progress, there is still a significant gap between respect for human rights on the ground and the lofty principles set out in the Universal Declaration 50 years ago.
The UN Human Rights System at 50
I see this 50th anniversary as a defining moment that can either build on the momentum of the past few years, or stall our advance. It is not just a milestone, but also a crossroads.
At this crossroads, we should take the road that leads toward full implementation of the standards that we have set over the last 50 years. We should ensure that our words and our written agreements produce real, concrete improvements to the application of human rights standards on the ground. This is not to say that there are no more standards to be set — but simply that implementation requires greater attention than has been accorded to date.
To meet this fundamental test of translating standards into action, Canada has planned a number of forward-looking events to mark the 50th anniversary of the UDHR. From June 22 to 24 we will sponsor, in co-operation with an NGO consortium, a conference for NGOs [non-governmental organizations] from across the globe to review progress in implementing the VDPA [Vienna Declaration and Program of Action]. Our aim is to ensure that civil society is able to provide the strongest possible input into the UN's five-year review of the VDPA.
This conference will also mark the official unveiling of a major implementation initiative that Canada has funded: a global human rights report based solely on information from UN sources, organized by country and by theme. This report, compiled by a Canadian NGO, will be an invaluable guide for the implementation of human rights commitments, because it will place on record all UN recommendations in a more accessible form. It will also provide a broad overview of human rights developments, as seen by the UN's independent experts and human rights bodies. This initiative received further impetus from an international conference held last year at York University in Canada, which looked ahead to the international human rights treaty system in the next century.
In September, Canada will sponsor a conference in Montréal on human rights and the Internet. New information technologies have already demonstrated their potential for good and for bad — for publicizing human rights abuses, or for spreading hate propaganda. The conference will look at ways that we can use new technology creatively, to defend and promote human rights worldwide.
As we look ahead to the next 50 years of the UN human rights system, it is only appropriate that our young people should be involved in the celebrations. Through our program of international youth internships, Canada will place 50 young Canadians in human rights-related positions in over 20 countries around the world this year, in addition to 55 placed last year. Many of them, through placements with bodies such as the Canadian Resource Bank for Democracy and Human Rights and the United Nations Association in Canada, will be seconded to UN and UN-related agencies, and to field operations in a variety of UN activities.
Renewing Our Vision of Human Rights
I spoke of adapting and strengthening UN institutions in an era of change; an era in which we grapple with issues ranging from labour standards to children's rights, impunity to peace-building, military expenditures to the export of small arms or landmines — complex, cross-cutting issues that have an undisputed human rights dimension. To address them effectively, I believe that we must start viewing human rights through the more comprehensive lens of human security, and, following the lead taken by the Secretary-General within the UN,
integrate human rights concerns more fully into other aspects of international relations.
A human security approach calls not only for remedial action to address existing abuses, but also for preventive measures to address their root causes, including, as the High Commissioner has noted, greater attention to the human right to development.
The link between human rights and human security is particularly clear in cases of conflict or the threat of conflict. Human rights abuses are often the early warning signal of emerging conflict. In countries torn by interethnic strife, ensuring respect for the human rights of every sector of the population is the key to building sustainable peace. Conversely, states which respect human rights and the rule of law are less likely to go to war with one another, unleash waves of refugees, create environmental catastrophes, engage in terrorism, or break their commercial commitments. Global stability and peace are intimately linked with respect for international human rights.
A key element of healing war-torn societies is restoring the rule of law and ending impunity. This is why the timely establishment of an independent and effective International Criminal Court, with inherent jurisdiction over the "core" crimes of genocide, war crimes, and crimes against humanity, is so important. If there is no impartial means to uncover truth and administer justice in the aftermath of war, nations will find themselves plunged into continued cycles of violence.
To be truly independent and effective, the Court must have a constructive relationship with the United Nations, particularly the Security Council, in which its independence and impartiality are preserved. Proceedings of the Court should not be "triggered" only by a state complaint or a Security Council referral; prosecutors should also be able to initiate proceedings. Above all, the Court should focus firmly on providing justice for the victims of conflict, incorporating considerations of gender and the rights of children.
I am following the progress of these negotiations closely, and would encourage my colleagues in other member states to give their attention to this very important effort. The international community must not wait for another catastrophe before establishing a permanent body able to respond to the widespread atrocities whom so often occur in armed conflict. As the century draws to a close, the creation of the Court would be an important and fitting accomplishment. We must not allow those who are wedded to an outmoded world view to delay us in this task.
The Human Perspective: The Campaign to Ban Landmines
The campaign to ban landmines is a clear example of how we can bring new approaches with a human focus to bear on the traditional international security agenda. For the first time, a majority of states agreed to ban a weapon that was part of the military arsenal of nearly every nation. Why? Because, with the communications revolution, the human cost of landmines had become increasingly visible.
Banning landmines could no longer be seen primarily as a question of disarmament, where the focus was on the weapon itself. Instead, we began to see this as a question of humanitarian law, which takes account of civilians and the horrible impact that these weapons have on their lives. Humanitarian law put a human face on the landmines crisis.
Married to this new way of seeing landmines was a new approach to international diplomacy, based on the exercise of "soft power" — a coalition of the willing, including governments and civil society as equal partners, united around a set of core principles. This coalition built support for a total ban on anti-personnel mines with unprecedented speed and success.
I see this shift from a disarmament focus to a humanitarian focus as part of a larger trend to look at security issues from the perspective of the human being — to focus on human security. Small arms proliferation, child combatants, excessive military expenditures and peacebuilding also need to be addressed from this human perspective. International humanitarian law, with its focus on the civilian cost of conflict, and international human rights law, with its focus on core standards of human dignity, are the keys to transforming the traditional security agenda. A "soft power" approach can, I believe, help us to achieve our goals under this new security agenda. Seen from this perspective, a number of key themes clearly emerge as priorities.
A Thematic Approach
Children's rights are a particularly high priority for Canada. We have been working hard on the two Optional Protocols to the Convention on the Rights of the Child, and hope to see them completed soon. At home, we have amended our Criminal Code to allow for the prosecution of Canadians who engage in commercial sexual activities with children while abroad. We hope that other countries, recognizing the importance of reducing the demand for this despicable trade, will follow suit.
Another priority for Canada is the adoption of a strong and effective Declaration on the Rights of Indigenous Peoples during this, the International Decade of the World's Indigenous People. As a demonstration of Canada's commitment to activism in promoting indigenous interests and to developing new partnerships with the Aboriginal peoples of Canada, we have appointed our first ever Counsellor for International Indigenous Issues, Mr. Blaine Favel.
On the rights of persons with disabilities, the need is, above all, for a new way of looking at the issue. It is essential to recognize that this is not simply a social development issue; it is, fundamentally, a question of human rights. Until we acknowledge the need to analyse our mainstream policies and programs from the perspective of persons with disabilities, both at home and within the UN, we are denying their claim to full participation.
This concept of "mainstreaming" also underpins Canada's long-standing commitment to promoting the human rights of women. If we are to make the statement "women's rights are human rights" more than mere words, we must take action at home. When developing policies and legislation, we must integrate gender equality and respect for human rights from the start in all we do. That is what "mainstreaming" is all about.
Violations of the rights of women remain all too frequent. In Afghanistan, the most basic rights of women and girls — the right to work, to education and to proper health care — are routinely denied, not as a matter of neglect, but as a result of policy. Most recently, the Taliban have imposed new restrictions on expatriate Muslim women working in Afghanistan. These women are essential to humanitarian relief efforts in that country. Restrictions on their ability to work will put at risk the lives of thousands of the most vulnerable Afghanis, in particular women and children. The international community must speak out, and show women in Afghanistan that they are not alone.
Mobilizing and empowering all segments of society — including children, indigenous peoples, those with disabilities and women — is key to implementation of human rights. So, too, is an enhanced partnership between states and civil society.
Full participation by the non-governmental community, including at the Commission and throughout the UN system, is central to the promotion, protection and implementation of human rights. Equally essential as a foundation for the work of NGOs is recognition of their right to defend human rights. For this reason, Canada is strongly committed to seeing final adoption of the Draft Declaration on Human Rights Defenders at the 53rd session of the UN General Assembly. It seems to us particularly appropriate, and symbolic, to adopt the Declaration in this anniversary year.
When the Secretary-General spoke to this Commission, he sent a strong message that human rights are universal. They are limited to no continent. They are the concern of all levels and sectors of society. They are an obligation of all governments. In pursuing this goal of universal respect for human rights, an open and co-operative approach is essential. If we wish to see standards implemented, we must work together to ensure that member states have the capacity to do so.
Developing countries — particularly those struggling with the aftermath of conflict, the effects of globalization, or a sudden transition to democracy — need help in building their own human rights institutions and human rights capacity. Developed countries can also take measures at home that help to stem human rights abuses elsewhere, for example by cutting off exports of arms to countries riven by internal conflict, or by prosecuting citizens who exploit child prostitutes in other countries, for example.
Conclusion
Building respect for human rights is one of the most challenging tasks facing the international community as we approach the end of the century. We have come a long way, certainly, and that is cause for celebration. But there is still a clear and pressing need for sustained action, bilaterally and multilaterally.
By taking a comprehensive, co-operative and flexible approach, which places human rights within a broader nexus of human security issues and applies the principles of international human rights, we can create the conditions needed to bring the Universal Declaration into the next 50 years with renewed vigour. Above all, we can narrow the gap between the principles that the international community set down in the Declaration half a century ago, and the reality of human rights around the world today.
Thank you.
16 March - 24 April 1998
Check against delivery
Statement by H.E. Mr. Lloyd Axworthy,
Minister for Foreign Affairs of Canada
Geneva, 30 March 1998
At this time, and in this place, it is fitting that we celebrate the 50th anniversary of the Universal Declaration of Human Rights (UDHR) by asking how we can strengthen and adapt the UN human rights system in an era of unprecedented global change. It is true that the UN has developed impressive human rights credentials and tools over the last 50 years. But are these enough to meet the profound underlying changes that we face?
Human Rights in a Changing World
The breakdown of the old bipolar world order has created new possibilities to promote and protect human rights. Globalization has opened up borders to new ideas and information, providing opportunities to build a universal culture of human rights. Democracy has taken root in the majority of the world's states, and civil society is thriving. The conditions are there to achieve progress on human rights unimagined by the drafters of the Universal Declaration in 1948.
At the same time, human rights violations continue in many parts of the world: political dissidents are being jailed, people are being tortured and internal conflicts are claiming innumerable civilian lives. Globalization has a dark side: transnational organized crime, terrorism, environmental pollution, hate propaganda distributed over the Internet, and growing global economic inequities.
In short, although recent years have seen impressive progress, there is still a significant gap between respect for human rights on the ground and the lofty principles set out in the Universal Declaration 50 years ago.
The UN Human Rights System at 50
I see this 50th anniversary as a defining moment that can either build on the momentum of the past few years, or stall our advance. It is not just a milestone, but also a crossroads.
At this crossroads, we should take the road that leads toward full implementation of the standards that we have set over the last 50 years. We should ensure that our words and our written agreements produce real, concrete improvements to the application of human rights standards on the ground. This is not to say that there are no more standards to be set — but simply that implementation requires greater attention than has been accorded to date.
To meet this fundamental test of translating standards into action, Canada has planned a number of forward-looking events to mark the 50th anniversary of the UDHR. From June 22 to 24 we will sponsor, in co-operation with an NGO consortium, a conference for NGOs [non-governmental organizations] from across the globe to review progress in implementing the VDPA [Vienna Declaration and Program of Action]. Our aim is to ensure that civil society is able to provide the strongest possible input into the UN's five-year review of the VDPA.
This conference will also mark the official unveiling of a major implementation initiative that Canada has funded: a global human rights report based solely on information from UN sources, organized by country and by theme. This report, compiled by a Canadian NGO, will be an invaluable guide for the implementation of human rights commitments, because it will place on record all UN recommendations in a more accessible form. It will also provide a broad overview of human rights developments, as seen by the UN's independent experts and human rights bodies. This initiative received further impetus from an international conference held last year at York University in Canada, which looked ahead to the international human rights treaty system in the next century.
In September, Canada will sponsor a conference in Montréal on human rights and the Internet. New information technologies have already demonstrated their potential for good and for bad — for publicizing human rights abuses, or for spreading hate propaganda. The conference will look at ways that we can use new technology creatively, to defend and promote human rights worldwide.
As we look ahead to the next 50 years of the UN human rights system, it is only appropriate that our young people should be involved in the celebrations. Through our program of international youth internships, Canada will place 50 young Canadians in human rights-related positions in over 20 countries around the world this year, in addition to 55 placed last year. Many of them, through placements with bodies such as the Canadian Resource Bank for Democracy and Human Rights and the United Nations Association in Canada, will be seconded to UN and UN-related agencies, and to field operations in a variety of UN activities.
Renewing Our Vision of Human Rights
I spoke of adapting and strengthening UN institutions in an era of change; an era in which we grapple with issues ranging from labour standards to children's rights, impunity to peace-building, military expenditures to the export of small arms or landmines — complex, cross-cutting issues that have an undisputed human rights dimension. To address them effectively, I believe that we must start viewing human rights through the more comprehensive lens of human security, and, following the lead taken by the Secretary-General within the UN,
integrate human rights concerns more fully into other aspects of international relations.
A human security approach calls not only for remedial action to address existing abuses, but also for preventive measures to address their root causes, including, as the High Commissioner has noted, greater attention to the human right to development.
The link between human rights and human security is particularly clear in cases of conflict or the threat of conflict. Human rights abuses are often the early warning signal of emerging conflict. In countries torn by interethnic strife, ensuring respect for the human rights of every sector of the population is the key to building sustainable peace. Conversely, states which respect human rights and the rule of law are less likely to go to war with one another, unleash waves of refugees, create environmental catastrophes, engage in terrorism, or break their commercial commitments. Global stability and peace are intimately linked with respect for international human rights.
A key element of healing war-torn societies is restoring the rule of law and ending impunity. This is why the timely establishment of an independent and effective International Criminal Court, with inherent jurisdiction over the "core" crimes of genocide, war crimes, and crimes against humanity, is so important. If there is no impartial means to uncover truth and administer justice in the aftermath of war, nations will find themselves plunged into continued cycles of violence.
To be truly independent and effective, the Court must have a constructive relationship with the United Nations, particularly the Security Council, in which its independence and impartiality are preserved. Proceedings of the Court should not be "triggered" only by a state complaint or a Security Council referral; prosecutors should also be able to initiate proceedings. Above all, the Court should focus firmly on providing justice for the victims of conflict, incorporating considerations of gender and the rights of children.
I am following the progress of these negotiations closely, and would encourage my colleagues in other member states to give their attention to this very important effort. The international community must not wait for another catastrophe before establishing a permanent body able to respond to the widespread atrocities whom so often occur in armed conflict. As the century draws to a close, the creation of the Court would be an important and fitting accomplishment. We must not allow those who are wedded to an outmoded world view to delay us in this task.
The Human Perspective: The Campaign to Ban Landmines
The campaign to ban landmines is a clear example of how we can bring new approaches with a human focus to bear on the traditional international security agenda. For the first time, a majority of states agreed to ban a weapon that was part of the military arsenal of nearly every nation. Why? Because, with the communications revolution, the human cost of landmines had become increasingly visible.
Banning landmines could no longer be seen primarily as a question of disarmament, where the focus was on the weapon itself. Instead, we began to see this as a question of humanitarian law, which takes account of civilians and the horrible impact that these weapons have on their lives. Humanitarian law put a human face on the landmines crisis.
Married to this new way of seeing landmines was a new approach to international diplomacy, based on the exercise of "soft power" — a coalition of the willing, including governments and civil society as equal partners, united around a set of core principles. This coalition built support for a total ban on anti-personnel mines with unprecedented speed and success.
I see this shift from a disarmament focus to a humanitarian focus as part of a larger trend to look at security issues from the perspective of the human being — to focus on human security. Small arms proliferation, child combatants, excessive military expenditures and peacebuilding also need to be addressed from this human perspective. International humanitarian law, with its focus on the civilian cost of conflict, and international human rights law, with its focus on core standards of human dignity, are the keys to transforming the traditional security agenda. A "soft power" approach can, I believe, help us to achieve our goals under this new security agenda. Seen from this perspective, a number of key themes clearly emerge as priorities.
A Thematic Approach
Children's rights are a particularly high priority for Canada. We have been working hard on the two Optional Protocols to the Convention on the Rights of the Child, and hope to see them completed soon. At home, we have amended our Criminal Code to allow for the prosecution of Canadians who engage in commercial sexual activities with children while abroad. We hope that other countries, recognizing the importance of reducing the demand for this despicable trade, will follow suit.
Another priority for Canada is the adoption of a strong and effective Declaration on the Rights of Indigenous Peoples during this, the International Decade of the World's Indigenous People. As a demonstration of Canada's commitment to activism in promoting indigenous interests and to developing new partnerships with the Aboriginal peoples of Canada, we have appointed our first ever Counsellor for International Indigenous Issues, Mr. Blaine Favel.
On the rights of persons with disabilities, the need is, above all, for a new way of looking at the issue. It is essential to recognize that this is not simply a social development issue; it is, fundamentally, a question of human rights. Until we acknowledge the need to analyse our mainstream policies and programs from the perspective of persons with disabilities, both at home and within the UN, we are denying their claim to full participation.
This concept of "mainstreaming" also underpins Canada's long-standing commitment to promoting the human rights of women. If we are to make the statement "women's rights are human rights" more than mere words, we must take action at home. When developing policies and legislation, we must integrate gender equality and respect for human rights from the start in all we do. That is what "mainstreaming" is all about.
Violations of the rights of women remain all too frequent. In Afghanistan, the most basic rights of women and girls — the right to work, to education and to proper health care — are routinely denied, not as a matter of neglect, but as a result of policy. Most recently, the Taliban have imposed new restrictions on expatriate Muslim women working in Afghanistan. These women are essential to humanitarian relief efforts in that country. Restrictions on their ability to work will put at risk the lives of thousands of the most vulnerable Afghanis, in particular women and children. The international community must speak out, and show women in Afghanistan that they are not alone.
Mobilizing and empowering all segments of society — including children, indigenous peoples, those with disabilities and women — is key to implementation of human rights. So, too, is an enhanced partnership between states and civil society.
Full participation by the non-governmental community, including at the Commission and throughout the UN system, is central to the promotion, protection and implementation of human rights. Equally essential as a foundation for the work of NGOs is recognition of their right to defend human rights. For this reason, Canada is strongly committed to seeing final adoption of the Draft Declaration on Human Rights Defenders at the 53rd session of the UN General Assembly. It seems to us particularly appropriate, and symbolic, to adopt the Declaration in this anniversary year.
When the Secretary-General spoke to this Commission, he sent a strong message that human rights are universal. They are limited to no continent. They are the concern of all levels and sectors of society. They are an obligation of all governments. In pursuing this goal of universal respect for human rights, an open and co-operative approach is essential. If we wish to see standards implemented, we must work together to ensure that member states have the capacity to do so.
Developing countries — particularly those struggling with the aftermath of conflict, the effects of globalization, or a sudden transition to democracy — need help in building their own human rights institutions and human rights capacity. Developed countries can also take measures at home that help to stem human rights abuses elsewhere, for example by cutting off exports of arms to countries riven by internal conflict, or by prosecuting citizens who exploit child prostitutes in other countries, for example.
Conclusion
Building respect for human rights is one of the most challenging tasks facing the international community as we approach the end of the century. We have come a long way, certainly, and that is cause for celebration. But there is still a clear and pressing need for sustained action, bilaterally and multilaterally.
By taking a comprehensive, co-operative and flexible approach, which places human rights within a broader nexus of human security issues and applies the principles of international human rights, we can create the conditions needed to bring the Universal Declaration into the next 50 years with renewed vigour. Above all, we can narrow the gap between the principles that the international community set down in the Declaration half a century ago, and the reality of human rights around the world today.
Thank you.