Declaration Against Arbitrary Detention in State-to-State Relations
Canada encourages all countries to endorse the Declaration Against Arbitrary Detention in State-to-State Relations.
The Declaration opposes the use of arbitrary arrest and detention of foreign nationals and dual citizens by states as a means to exert leverage over other states, which is contrary to international law.
The Declaration calls upon all states to take concrete steps to prevent and put an end to:
- harsh conditions in detention
- denial of access to legal counsel
- torture
- other cruel, inhuman or degrading treatment or punishment
Canada’s leadership in the fight against hostage diplomacy is a natural extension of its steadfast commitment to upholding universal human rights and the rules-based international order.
“Throughout our history, Canada has defended the set of rules that guide our societies to be more fair and just. Canada helped to establish this rules-based international order and we will not stand by while others bend the rules for political expediency. The practice of arbitrary detention puts all citizens at risk, especially those who travel, work or live abroad. We must stand together to denounce all forms of coercive arbitrary detention. This is how we keep all our citizens safe.”
- Mélanie Joly, Minister of Foreign Affairs
“The United Nations Universal Declaration of Human Rights made clear over 72 years ago that arbitrary detention in all its forms is to be abolished. Canada’s initiative against arbitrary detention in state-to-state relations, with support from every region of the world, is a welcome reaffirmation of these human rights principles. All states should abide by their obligations to end and deter arbitrary detention for diplomatic leverage, and all foreign nationals arbitrarily detained should be immediately released.”
- Ban Ki-moon - Eighth secretary-general of the United Nations
Guiding principles
The Declaration reaffirms established principles of human rights, the independence of the judiciary and the rule of law, as outlined in the following international instruments:
- Universal Declaration of Human Rights, Article 9: “No one shall be subjected to arbitrary arrest, detention or exile.”
- International Covenant on Civil and Political Rights, Article 9, Section 1: “No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.”
- The Vienna Convention on Consular Relations, Article 36, Section 1(c): “Consular officers shall have the right to visit a national of the sending State who is in prison, custody or detention, to converse and correspond with him and to arrange for his legal representation. They shall also have the right to visit any national of the sending State who is in prison, custody or detention in their district in pursuance of a judgement.”
List of endorsements of the Declaration Against Arbitrary Detention in State-to-State Relations
(in alphabetical order)
- Albania
- Andorra
- Antigua & Barbuda
- Argentina
- Australia
- Austria
- Bahamas (the)
- Barbados
- Belgium
- Belize
- Benin
- Bulgaria
- Canada
- Colombia
- Cook Islands
- Costa Rica
- Croatia
- Cyprus
- Czechia
- Denmark
- Dominica
- El Salvador
- Estonia
- European Union
- Finland
- France
- Georgia
- Germany
- Greece
- Grenada
- Guatemala
- Guyana
- Haiti
- Honduras
- Iceland
- Ireland
- Israel
- Italy
- Japan
- Jordan
- Kosovo
- Latvia
- Lebanon
- Liechtenstein
- Lithuania
- Luxembourg
- Malawi
- Malta
- Marshall Islands
- Moldova
- Nauru
- Netherlands
- New Zealand
- Niger
- North Macedonia
- Norway
- Palau
- Panama
- Philippines
- Poland
- Portugal
- Republic of Korea
- Romania
- Saint Kitts & Nevis
- Saint Lucia
- Saint Vincent & the Grenadines
- San Marino
- Sao Tome and Principe
- Seychelles
- Slovakia
- Slovenia
- Spain
- Suriname
- Sweden
- Switzerland
- Tonga
- Tuvalu
- Ukraine
- United Kingdom
- United States of America
- Uruguay
Full text of the Declaration Against Arbitrary Detention in State-to-State Relations
The arbitrary arrest or detention of foreign nationals to compel action or to exercise leverage over a foreign government is contrary to international law, undermines international relations, and has a negative impact on foreign nationals travelling, working and living abroad. Foreign nationals abroad are susceptible to arbitrary arrest and detention or sentencing by governments seeking to compel action from other States.
The purpose of this Declaration is to enhance international cooperation and end the practice of arbitrary arrest, detention or sentencing to exercise leverage over foreign governments.
Recognizing a pressing need for an international response to the prevalence of these practices, and guided by international law and the principles of the Charter of the United Nations:
- We reaffirm that arbitrary arrests and detentions are contrary to international human rights law and instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and other international and regional human rights instruments;
- We express grave concern about the use of arbitrary arrest or detention by States to exercise leverage over foreign governments, contrary to international law;
- We are deeply concerned that arbitrary arrest, detention, or sentencing to exercise leverage over foreign governments undermines the development of friendly relations and cooperation between States, international travel, trade and commerce, and the obligation to settle international disputes by peaceful means;
- We are alarmed by the abuse of State authority, including judicial authority, to arbitrarily arrest, detain or sentence individuals to exercise leverage over foreign governments. We call on States to respect their obligations related to a fair and public hearing by a competent, independent and impartial tribunal;
- We urge all States to refrain from arbitrary arrest, detention, or sentencing to exercise leverage over foreign governments in the context of State-to-State relations;
- We reaffirm the fundamental importance of the rule of law, independence of the judiciary, respect for human rights, and respect for the obligation to provide consular access in accordance with international law, including the Vienna Convention on Consular Relations and other applicable international instruments;
- We call upon States to take concrete steps to prevent and put an end to harsh conditions in detention, denial of access to counsel, and torture or other cruel, inhuman or degrading treatment or punishment of individuals arbitrarily arrested, detained or sentenced to exercise leverage over foreign governments. We reaffirm the urgent need to provide these individuals with an effective remedy consistent with international human rights law, and call for their immediate release;
- We stand in solidarity with States whose nationals* have been arbitrarily arrested, detained or sentenced by other States seeking to exercise leverage over them and acknowledge the need to work collaboratively to address this issue of mutual concern at the international level.
This Declaration remains open to endorsement.
(*) Including dual nationals in accordance with endorsing countries’ laws on nationality.
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