February 15, 2001
Shanghai, China
I am deeply honoured to be standing in the same spot where the father of
modern China, Dr. Sun Yat-sen, spoke almost a century ago. He was a leader for
the ages. With wisdom and foresight, he chose to use his brief moment at the
centre of the long march of Chinese history to bring about positive change.
No one can predict where such leadership qualities will emerge in the life of
a society, or the chain of events that bring together the moment and the leader.
But your studies here have put you at the very heart of the sweeping changes
that are at work in the China of your time.
The first time I came to Shanghai, the Pearl Tower was not yet built. I was
shown Pudong, not what we see today, but the model of an architect. As hard as
it is to imagine now, just seven years ago there were almost no highways or
skyscrapers. The incredible new infrastructure that China has built in such a
short time is a momentous achievement of which your entire people can feel
justly proud.
But China is doing more than just building itself a "hard"
infrastructure of roads and buildings. It is also in the process of building a
"soft" infrastructure. A pillar of which is a modern legal system
based on the rule of law.
It is impossible to underestimate the significance of the rule of law in a
modern society. It is a profoundly inclusive concept. One that subordinates all
social, economic, political, and individual behaviour to an agreed set of codes
and regulations. To have meaning, these rules must not be the exclusive preserve
of a privileged few. They must be the common property of all citizens. They must
be clear to everyone, taught to everyone and applied to everyone in a uniform
way.
No one can be above the law. And no one can be forgotten by the law or denied
its protection. And to be applied impartially, the rule of law means that there
should be a clear separation of the prosecutor from the person who will
ultimately pass judgement.
Of course, the rule of law is about more than just a dry set of rules. The
rules themselves reflect fundamental values of right conduct.
The Canadian experience, and that of countries around the world, is that
these values, and the rights that make them specific, are universal. They are
endowed equally to all people, everywhere. Not on the basis of any special power
or privilege, but purely and simply because they have been given the gift of
life.
That is why we call them human rights. And they not only protect individuals
from abuse. They empower them to contribute fully and creatively to building a
stronger society.
Canada believes that frank discussion among nations about human rights can
foster wider respect for and entrenchment of those rights. That while
circumstances and experiences may vary from nation to nation, we all share a
sense of what is just, what is right.
True friends are never shy about exchanging views on important issues. And so,
as a friend, I must tell you that Canadians are concerned when they hear reports
from China of interference in the right of free expression. Or that people are
imprisoned and badly treated for observing their spiritual beliefs. These
reports transgress our most deeply-held convictions.
Convictions that reflect our own experiences. Because we have seen what
happens when the law is applied unevenly. When citizens are not protected
equally. We have learned these lessons and challenged ourselves to build a more
inclusive society.
That is why we have entrenched a Charter of Rights and Freedoms in the
Canadian Constitution. I was Minister of Justice when we wrote the Charter. It
is one of my proudest achievements in public life. Even so, I believe that
building a just society is always a work in progress. It is never finished.
China’s legal system has taken important steps to respond to this
challenge. With changes to the Criminal Procedures Act. The creation of a legal
aid system. And defining clearly the roles of judges and prosecutors.
China is looking outward in developing its legal system. And I am pleased
that Canada will fund a human rights conference at the Chinese Academy of Social
Sciences this spring to look at the links between human rights policies in China
and other countries. There are lessons that we can all take away which, I hope,
will help us to cooperate more effectively.
One lesson is that in legal reform it is essential to "combine theory
and practice." Canada is helping China do just that. For example, our joint
programs bring together senior judges for training. And we are working with you
to develop a nation-wide network of legal aid centres.
You are all students of the law. You know that a strong legal system is the
foundation of a strong economic system. You know that average people must have
their day in court and get a fair hearing, just like a rich business person or a
leading official. You know that without legal reform economic reform can only go
so far.
China is now on the threshold of joining the WTO. An historic step that will
have a direct impact on many of you in this room.
Shanghai is the commercial center of China -- the "Head of the
Dragon".
It is a magnet for foreign capital. But investors prize security above all
else. They must feel confident that their investments are safe and protected by
fair and transparent rules. That any disputes between an international and local
partner will be decided in an impartial manner.
During this trip, I will witness the signing of over 200 business agreements
between Chinese and Canadian partners. All 600 of the business participants who
are a part of Team Canada 2001 will be reassured by the fact that you are being
trained to make judgements based upon facts and clear, uniform rules. That any
disputes they may have will be resolved transparently and fairly -- on the basis
of law.
This is an enormous responsibility. But one that will ensure foreign
investment will continue to power the growth and prosperity of China.
While membership in the WTO will entail legal reform, the signature of China
on the two main UN covenants on human rights will also have far reaching
implications. I hope that China will soon ratify these important international
instruments. China has accepted the relevance and applicability of these rights
in signing the covenants. It is now time to take the steps to ensure that
they are recognized in reality, not just on paper.
My friends, good laws and even the wisest of leaders are not enough to build
a dynamic, modern society. That requires the active participation of all
citizens. There is no monopoly on great ideas. Not even on good ones. We must
ensure that all ideas are heard. We must build an inclusive environment where
everyone can contribute to their maximum potential.
One way of achieving this is through community-based organizations. This is
often called civil society. At its heart, it is about people getting together to
improve their lives and the lives of the people around them. In Canada,
community organizations have formed to protect the environment, to support needy
families and to defend the rights of women, minorities and the disabled.
I am proud that Canada is helping China to develop its own tradition of civil
society. Here in Shanghai, Canada has supported the formation of a cancer
survivor support network. I am also pleased to inform you today that we
are going to assist professors and students from your university in establishing
a Legal Aid Centre for migrant workers, in order to better protect their rights
and improve their relationship with Shanghai residents.
These projects may be small now. But one person -- one seemingly small idea
-- can make a big difference. All it takes is ideals, commitment and, above all,
a desire to make a change for the better.
The East China University of Politics and Law has been a training ground for
some of the finest leaders of China -- past and present. And it has been a
privilege and a pleasure to be able to speak, today to, you, the next generation
of China’s leaders.
In 1913, on this spot, Dr. Sun Yat-sen called on another generation of
students to help build a modern China. He told them:
"When you have the light, show others the way. When you have the
knowledge, teach it to others. The basis of a democratic country is
education. With people who are always ready to learn, it is your duty to
teach. Give unto others what you have received. Let your light shine."
The beginning of a new century, a new millennium, is a time to look ahead to
where we want our societies to be at the turn of the next century. It will be up
to you, the young people and future leadership of China, to help lead it there.
Your moment at the centre of Chinese history is coming. Do not be afraid to
let your light shine. To use your wisdom and foresight to show others the way.
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