Initiative against arbitrary detention in state-to-state relations
Arbitrary detention in state-to-state relations is the practice where a state unlawfully detains foreign nationals or dual citizens to exert political pressure on another state, effectively using individuals as bargaining chips in political disputes. Also known as “hostage diplomacy”, the practice violates international law and undermines global security by eroding trust and cooperation between states. It disrupts international travel and trade, and contravenes established principles of human rights, the rule of law, and judicial independence.
Anyone travelling abroad is at risk of being targeted. Those visiting family, conducting business, or studying abroad may face arbitrary detention under harsh, inhumane conditions, often without access to consular support, legal counsel, or a fair trial.
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Initiative Against Arbitrary Detention in State-to-State Relations
Canada launched the Initiative Against Arbitrary Detention in State-to-State Relations on February 15, 2021. The Initiative seeks to put an end to the arbitrary arrest, detention, and sentencing of foreign nationals and dual citizens for diplomatic leverage by reaffirming established principles of human rights, international law, and the independence of the judiciary.
Today, the Initiative is recognized as a leading effort in international engagement against hostage diplomacy worldwide.
A key element of the Initiative is the Declaration Against Arbitrary Detention in State-to-State Relations.
Declaration Against Arbitrary Detention in State-to-State Relations
Launched on February 15, 2021, the Declaration Against Arbitrary Detention in State-to-State Relations has to date attracted 81 endorsements from around the world. The Declaration is a strong statement of solidarity that the international community will not tolerate a citizen of one state being taken hostage by another state as a means of political leverage.
By endorsing the Declaration, states reaffirm their commitment to core principles of human rights, consular relations, peace and security, the rule of law, and judicial independence. These universal values are firmly grounded in international law.
The Declaration remains open for endorsement.
Canada’s leadership against hostage diplomacy
Canada is committed to ending hostage diplomacy. In collaboration with the community of endorsers, Canada is working to end this unlawful practice in the following ways:
Expanding and strengthening the global coalition
To deter hostage diplomacy, the international community must continue to speak out in solidarity in opposition to this practice. Canada encourages countries to endorse Declaration and join the growing coalition of countries standing against hostage diplomacy. The number of endorsers has grown steadily, increasing from 59 in 2021 to 81 today.
Building an international multi-stakeholder network
The global coalition of endorsers is strengthened by a robust network of international stakeholders, essential for effectively deterring this practice worldwide. Canada engages with multilateral, regional, and civil society organizations, as well as academia, to raise awareness, share best practices, and develop effective deterrence mechanisms.
Enhancing international laws and norms
A priority for Canada is to solidify the principles of the Declaration within the international legal framework, and to pave the way for justice and accountability efforts. In support, Canada established an Independent International Panel on Arbitrary Detention in State-to-State Relations in January 2024. The Panel, composed of six eminent jurists from around the world, is analyzing existing legal frameworks, identifying gaps, and developing recommendations to strengthen laws and norms related to hostage diplomacy. Its final report is expected in June 2025.
Enhancing Support to Victims, Survivors, and Their Families
Hostage diplomacy inflicts severe emotional, physical, and financial hardships on victims and their families. Supporting these individuals is a priority for Canada. To learn from their experiences, Canadian officials engage with former detainees from Canada and other nations. This engagement helps officials to develop strategies to enhance cooperation, improve recovery efforts, and advance advocacy and research initiatives to better support victims and their families.
Senior Official for Hostage Affairs (SOHA)
In November 2023, a Senior Official for Hostage Affairs (SOHA) was designated to enhance Global Affairs Canada’s capacity to respond to hostage-taking by both state and non-state actors. SOHA’s mandate includes enhancing the support Canada offers to victims, strengthening communication with families, and engaging with international counterparts. This designation is a concrete demonstration to Canadians and internationally of the Government’s commitment to address hostage issues and elevates Canada’s leadership on, the Arbitrary Detention Initiative. Tara Denham, Assistant Deputy Minister, Emergency Management, Legal, and Consular Affairs, is Canada’s current SOHA.
News
- Fourth anniversary of Declaration Against Arbitrary Detention in State-to-State Relations
- Third anniversary of Declaration Against Arbitrary Detention in State-to-State Relations
- Minister Joly to co-host dialogue on the Initiative against arbitrary detention in state-to-state relations with Costa Rica, Malawi, and the United States at UN General Assembly High Level Week
Related links
- Canada successfully puts hostage diplomacy centre stage at the UN Human Rights Council (LinkedIn)
- Amplifying the Voices of Canadian Hostages and their Families
- Working Group on Arbitrary Detentions (UN Office of the High Commissioner for Human Rights)
- Office of the United States Special Presidential Envoy on Hostage Affairs (SPEHA)
- G7 Foreign and Development Ministers Communiqué
- Universal Declaration of Human Rights
- International Covenant on Civil and Political Rights
- Vienna Convention on Consular Relations
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