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Initiative against arbitrary detention in state-to-state relations 

Around the world, foreign nationals are being detained arbitrarily and used as bargaining chips in international relations. Such tactics expose citizens of all countries who travel, work and live abroad to greater risk. Not only is this practice contrary to international law, but it also has repercussions for international security, as it undermines trust and friendly relations between states, global cooperation, travel and trade.

Arbitrary detention violates established principles of human rights, the rule of law and the independence of the judiciary. 

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Declaration Against Arbitrary Detention in State-to-State Relations

Canada launched the Declaration Against Arbitrary Detention in State-to-State Relations on February 15, 2021, in Ottawa.

The declaration aims to protect citizens of all countries who live, work and travel abroad through a concerted commitment to core principles of human rights, consular relations, the rule of law and the independence of the judiciary. These are universal values, firmly grounded in international law.

The declaration aims to raise awareness and stop the practice of arbitrary detention.

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 this practice is a natural extension of its steadfast commitment to upholding universal human rights and the rules-based international order.

Canada encourages all like-minded states to endorse the Declaration Against Arbitrary Detention in State-to-State Relations to reaffirm grave concern about the use of arbitrary arrest or detention by States to exercise leverage over foreign governments, contrary to international law. This applies equally to individuals with dual citizenship.

“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.”

International response

By endorsing the declaration, states agree to stand in solidarity against arbitrary arrest, detention or sentencing by other states seeking to exercise leverage over them. Many countries have endorsed and promoted this declaration reaffirming their commitment to its guiding principles and recognizing that their nationals could be vulnerable to this type of treatment.

Partnership Action Plan

The Declaration Against Arbitrary Detention in State-to-State relations now has over 70 endorsements and counting, from States in all corners of the world. Canada is committed to translating international solidarity opposing this practice into concrete action by leading the creation of the Partnership Action Plan to advance the Declaration.

All countries that are committed to human rights, judicial independence, the rule of law and the rules-based international order are welcome to join this common front and take action against arbitrary arrest, detention or sentencing for diplomatic leverage.

The Partnership Action Plan was announced on May 5, 2021, at the G7 Foreign and Development Ministers’ Meeting in London, United Kingdom. It will serve as a road map for consistent and principled cooperation on this issue, now and in the future.

The Plan outlines 6 areas of cooperation and engagement that states can support to deter arbitrary arrest, detention or sentencing in state-to-state relations and sustain momentum against those practices.

Independent International Panel on Arbitrary Detention in State-to-State Relations

As part of Canada's commitment to the Partnership Action Plan, Global Affairs Canada has established an Independent International Panel on Arbitrary Detention in State-to-State Relations. The panel is composed of 7 eminent jurists from around the world who will analyze existing international legal frameworks, identify gaps and develop recommendations to strengthen the norms related to arbitrary detention in state-to-state relations. The panel is expected to produce its final report, to be issued in June 2025.

More information on the panelists.

List of endorsements in the Declaration Against Arbitrary Detention in State-to-State Relations

Status of endorsements [75]

Initial endorsements (as of February 15, 2021)

  1. Albania
  2. Andorra
  3. Antigua & Barbuda
  4. Australia
  5. Austria
  6. Belgium
  7. Belize
  8. Benin
  9. Bulgaria
  10. Canada
  11. Costa Rica
  12. Croatia
  13. Cyprus
  14. Czechia
  15. Denmark
  16. Estonia
  17. European Union
  18. Finland
  19. France
  20. Georgia
  21. Germany
  22. Greece
  23. Guyana
  24. Haiti
  25. Iceland
  26. Ireland
  27. Israel
  28. Italy
  29. Japan
  30. Latvia
  31. Lebanon
  32. Lithuania
  33. Liechtenstein
  34. Luxembourg
  35. Malawi
  36. Malta
  37. the Netherlands
  38. New Zealand
  39. Norway
  40. Panama
  41. Poland
  42. Portugal
  43. Romania
  44. Saint Kitts and Nevis
  45. Saint Lucia
  46. Saint Vincent & the Grenadines
  47. San Marino
  48. Slovakia
  49. Slovenia
  50. Spain
  51. Suriname
  52. Sweden
  53. Switzerland
  54. Tonga
  55. Tuvalu
  56. the United Kingdom
  57. Ukraine
  58. the United States

Additional endorsements (as of October 12, 2023)

  1. The Bahamas
  2. Barbados
  3. Cook Islands
  4. Dominica
  5. El Salvador
  6. Grenada
  7. Guatemala
  8. Honduras
  9. Kosovo
  10. Marshall Islands
  11. Moldova
  12. Nauru
  13. Niger
  14. North Macedonia
  15. Palau
  16. Philippines
  17. Republic of Korea

(Declaration remains open to endorsement)

Declaration also available in: عربي, По-русски, 中文, Español, Français

Existing international frameworks

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