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 undermines 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.

On this page

• Declaration Against Arbitrary Detention in State-to-State Relations
• Partnership Action Plan
• List of endorsements in the Declaration Against Arbitrary Detention in State-to-State Relations
• Existing international frameworks
• News
• Related links

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 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.

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

Status of endorsements [70]

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. Finland
18. France
19. Georgia
20. Germany
21. Greece
22. Guyana
23. Haiti
24. Iceland
25. Ireland
26. Israel
27. Italy
28. Japan
29. Latvia
30. Lebanon
31. Lithuania
32. Liechtenstein
33. Luxembourg
34. Malawi
35. Malta
36. the Netherlands
37. New Zealand
38. Norway
39. Panama
40. Poland
41. Portugal
42. Romania
43. Saint Kitts and Nevis
44. Saint Lucia
45. Saint Vincent & the Grenadines
46. San Marino
47. Slovakia
48. Slovenia
49. Spain
50. Suriname
51. Sweden
52. Switzerland
53. Tonga
54. Tuvalu
55. the United Kingdom
56. Ukraine
57. the United States

The European Union has also endorsed the declaration.

Additional endorsements (as of October 11, 2022)

1. The Bahamas
2. Cook Islands
3. El Salvador
4. Guatemala
5. Honduras
6. Kosovo
7. Marshall Islands
8. Nauru
9. North Macedonia
10. Palau
11. Philippines
12. Republic of Korea

(Declaration remains open to endorsement)

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

Existing international frameworks

• Working Group on Arbitrary Detentions (UN Office of the High Commissioner for Human Rights)

News

Related links

• G7 Foreign and Development Ministers Communiqué
• Universal Declaration of Human Rights
• International Covenant on Civil and Political Rights
• Vienna Convention on Consular Relations