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31

UNITED NATIONS: CONVENTION ON HUMAN RIGHTS

MEMORANDUM BY THE ATTORNEY-GENERAL

As one who has been concerned in the discussion of this matter at the United Nations, may I offer some comments in support of the Secretary of State's Paper [C.P. (51) 82].

2. I have never attached great practical importance to the proposed Convention on Human Rights and do not myself think (as some do) that its existence would afford in itself an effective statement and standard of the rights of man which would act as a kind of barrier against the encroachment of totalitarian restrictions. But I do not think we should ignore the advantage to be gained by having the representatives of different countries constantly engaged in the attempt to embody in formal principles the rules of conduct to which, ideally, States should conform. It is not so much individual results which are important as the collective will to achieve them. However this may be, it cannot be doubted that the proposed Convention is regarded as an important weapon in the ideological war. We should certainly not escape from its use against us by the device of withdrawing from the discussion of its terms. I should have thought that, on the contrary, any withdrawal by us at this stage would be regarded by most countries as a retrograde change of policy in a matter in which we had hitherto taken a leading part and would be seized upon by the Communists as an indication of our anti-democratic,'

imperialist" and "fascist" tendencies.

tendencies. However unjustified these accusations, we should not allow ourselves to be put on the defensive in regard to them and should hesitate to provide any material which might give them even a semblance of truth. Moreover, our own abstention at this stage will probably only result in the eventual draft Convention being even more objectionable than are the present proposals.

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3. It is true that many of the clauses now under discussion are unacceptable to us domestically. It does not follow that by continuing to discuss the matter now and seeking to guide the General Assembly into the adoption of less objectionable provisions we should bind ourselves to the eventual acceptance of stipulations which we could not reconcile with our Colonial and other responsibilities.

4. It seems to me, however, that some of the drafting objections are more theo- retical than real. No other country engages, nor need we, in any over nice and meticulous comparison of its own municipal laws against its treaty obligations in order to make sure that no possible discrepancy exists. In fact, some discrepancies are inevitable and can almost always be found when State laws are subjected to a minute examination side by side with some international document drafted by the troublesome process of reconciling points of view based on very differing legal systems. The most that can be sought in connection with such political manifestos as in effect are constituted by these Conventions on Human Rights, is that in substance and principle, if not in every detail, our practice protects the rights laid down.

5. President Truman indicated the significance which he attached to the pre- liminary Declaration of Human Rights (and not only by the non-symbolical act of burying it under the foundation stone of the new United Nations Headquarters!)

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