Statement by the Honourable Hugh Todd, Minister of Foreign Affairs and International Cooperation on the launch of the Declaration Against Arbitrary Detention in State-to-State Relations

The Government of the Co-operative Republic of Guyana is pleased to support the launch of the Declaration Against Arbitrary Detention in State-to-State Relations and commends the Government of Canada for taking the initiative to launch and promote the Declaration; keeping in mind that small states like Guyana remain most vulnerable and “at risk” if the practice of arbitrary arrest, detention and sentencing prevails.

The Government of Guyana strongly condemns politically motivated arbitrary arrest, detention and sentencing of foreign nationals and embraces the position that every person, regardless of who they are and where they are, is entitled to the protection of their basic human rights and fundamental freedoms as established in international law. Every State has the responsibility to safeguard these rights, not just for their citizens but for foreign nationals within their jurisdiction.

The detention of foreign nationals as a political tool aimed at coercing or influencing the behaviour or foreign policy of another State is troubling to say the least, as this practice contravenes customary international law, the rights of due process and many provisions of international treaties- including but not limited to, Article 9 of the Universal Declaration of Human Rights,  Article 9 of  the International Covenant on Civil and Political Rights and Article 25 of the American Declaration of the Rights and Duties of Man. Further, the Government of Guyana endorses Article 36 of the Vienna Convention on Consular Relations under which consular officers shall be free to communicate with nationals of the sending State and to have access to them; to be informed if a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner. Consular officers shall also be free to visit and communicate with a detained national, as well as arrange for legal representation.

Foreign citizens should never be used as political pawns; therefore, the Government of Guyana stands resolutely for human, civil and political rights and encourages all States to end the practice of arbitrary arrest, detention or sentencing to exercise leverage or blackmail over foreign governments and further encourages the United Nations to promote and pursue the Declaration against Arbitrary Detention in State-To-State Relations within the United Nations Framework.

Finally, the Government of Guyana is continuously increasing efforts to improve the treatment of persons detained within the confines of our municipal laws in a humane manner.  At the International level, Guyana stands ready to support similar and  all initiatives that support and improve the protection and promotion of human rights for all in accordance with International Law.

I thank you.