Translation

SPEECH BY PRESIDENT OF THE REPUBLIC MARTTI AHTISAARI
AT A CELEBRATION OF THE CENTENARY OF THE FINNISH LAWYERS’ ASSOCIATION
ON 23.10.1998


Finland’s Legal Culture in an Internationalising World

There is a close link between the law and democracy. The law depends on people and was created for them. When the men and women of the legal profession who take care of the law are of a high calibre, justice is done. The centenary of the Finnish Lawyers’ Association is an important milestone. The Association is an essential part of the history of Finland and has played a substantial role in building our country into one where the rule of law prevails. The framers of our Constitution and the authors of our other central laws as well as many prominent figures in the political and judicial life of our republic have worked under the aegis of the Association.

I shall speak today of the strengths of the Finnish legal culture in an internationalising world. In my earlier posts I have often experienced how very important the law is in maintaining and strengthening peace and international security as well as more broadly in safeguarding sustainable development.

It has become increasingly obvious in recent years that in order to build cultural and economic relations, and indeed international interaction in general, on an enduring foundation it is essential to establish links in the legal sector. Finland is now a more active participant in the international discourse on human rights.

The Finnish legal profession is nowadays being called upon to make its expertise available for the performance of very demanding international tasks. At the same time as this has opened up new dimensions, it forces the profession to satisfy growing demands. Not only are solid legal and language skills needed, but also an ability to achieve a generally-acceptable result in the cross-pressures of different cultures and legal systems as well as to apply collectively-agreed international norms also nationally.

Human rights, including minority rights, multi-party democracy and the principle of the rule of law, have in recent decades become a central question both in dealings between states and in the relationship between governments and their own populations. Today security must be seen as a broad concept, a totality that encompasses more than military factors, which also has a democratic dimension and includes human rights. Lasting security is inconceivable without human rights.

We cannot demand of others anything more than what we are prepared to commit ourselves to on the national level. The recently-revised fundamental rights provisions in our Constitution provide a solid foundation for our international efforts to promote and strengthen human and minority rights.

Our legal system and the central principles enshrined in it are the result of centuries of evolution. They are part of our history and of the whole nation’s shared heritage. Long before Finland became an independent state, Finnish representatives in the Swedish Riksdag participated, on an equal footing with parliamentarians from the other parts of the realm, in the work of enacting laws and developing the legal system.

When Finland was severed from Sweden as a consequence of the war of 1808-09, she retained her own legal system, to the preservation of which the Czar of Russia pledged himself. The nation regarded the legal system as its own and anyone attempting to replace it with another would have encountered major difficulties.

The Finnish legal system is strongly anchored in the legal thinking and tradition of the Nordic countries. Thus the fundamental rights of the citizen and respect for them enjoy just as solid a status and are backed by an equally strong tradition in the Finnish legal system as in the legal systems of the other Nordic countries. The close cooperation that the Nordic countries have long practised in the field of legislation can be considered unique in the world.

The League of Nations was the first international organisation in the work of which Finland participated as an independent state. Allied with the League was the Permanent Court of International Justice. The prominent Finnish international law expert and former prime minister Rafael Erich was appointed a justice of this court in 1938. Unfortunately, he never took his seat on the bench - the Winter War broke out in autumn 1939 and the work of the court came to an end on 1.1.1940.

Since the foundation of the United Nations, several Finnish jurists have been chosen for important posts in which they have been able to influence the development of international law in order to promote human rights and social justice, with Finland’s own legal tradition and legislation as their starting point. In this context I wish to make special mention of Master of Laws Helvi Sipilä, Professor Erik Castrén, Professor Bengt Broms and Justice of the Supreme Court E.J. Manner. In addition to them, numerous Finnish jurists have in recent years participated actively in international cooperation to draft new instruments with the purpose of increasing the protection accorded human rights and improving the status of minorities. At the same time, their work paints a picture in the world of Finland as a country where these rights are respected and observed.

Finland’s part in convening the Conference on Security and Cooperation in Europe in 1975 was decisive. The Final Act of the conference has significantly promoted respect for human rights. As a consequence of its adoption, so-called Helsinki Groups came into being, especially in the socialist countries of Eastern and Central Europe, and demanded of their governments that they respect the human rights principles enshrined in it. Thus Helsinki and Finland were identified with promotion of human rights, even though Finland had not concentrated particularly on advocating specifically those principles at the conference itself. The Berlin Wall fell in October 1989 and the Charter of Paris was adopted at a meeting of heads of state and government of the CSCE countries held in the French capital a month later. These two events ushered in a new era in Europe.

In many ways 1989 was a watershed year for a more active participation by Finland in the promotion of human rights. Our accession to membership of the Council of Europe and through this to the European Convention on Human Rights added significant momentum to reform of the Finnish human rights culture. Considerable changes in our legislation were a prerequisite for our adopting the European Convention on Human Rights. In addition to that, the Government in 1989 appointed a committee headed by Director-General K.J. Lång to study fundamental rights. On the basis of the work done by this committee and a working party chaired by President of the Supreme Administrative Court Pekka Hallberg, the Constitution was amended in 1995 to explicate and expand its fundamental rights provisions in the way staked out in international conventions.

The states in the central and eastern regions of our continent saw the Council of Europe as an organisation which, first, could provide them with very concrete assistance in building a new social system and, second, could give them entree to the community of democratic European states. However, membership of the Council is not automatic. Applicants must undertake to respect European values, multi-party democracy, the rule of law, human rights and basic freedoms.

At the request of the Council of Europe we have arranged training in relation to questions concerning accession to the European Convention on Human Rights separately for the Baltic States, Russia and Georgia. The Council has availed itself of the expertise of Finnish jurists - such as Tarja Halonen and Gunnar Jansson - also in many other respects. Finnish men and women of the legal profession have performed and are continuing to perform legal tasks for the Council, for example within the context of its projects that are helping to build new foundations for societies in the formerly socialist countries. They have investigated countries’ prospects for membership; made proposals concerning the fundamental rights provisions to be enshrined in new constitutions; given advice on drafting legislation regulating the organisation of local government, and trained judges and other persons who participate in the operation of the machinery of legal safeguards. Finnish experts have also helped draft legislation protecting the position of minorities and safeguarding the activities of civic organisations and social rights.

Finland’s goal is to promote human rights everywhere in the world. Human rights are not separate segments, but rather an integral part of the totality of international relations and cooperation. However, it is not enough for states to agree among themselves to respect human rights and the principle of the rule of law. There is also a need for effective monitoring systems with the aid of which the behaviour of individual states can be watched. Representatives of Finland have been active in creating various Council of Europe follow-up arrangements to complement the UN human rights monitoring system - and Minister for Foreign Affairs Tarja Halonen have even presented an initiative in this respect.

International human rights norms influence Finnish legislation and the decisions arrived at by our courts. Indeed, Finland regularly submits reports on the status of her legislation to the relevant UN and Council of Europe monitoring bodies. These national reports have been praised. The Finnish practice of giving civic organisations the opportunity to discuss the application of human rights conventions in Finland has been lauded as exemplary.

International courts have traditionally resolved disputes between states. The 1950 European Convention on Human Rights gave individuals a historic opportunity to sue their own government in an international court. For the first time in the history of humankind states gave an independent international court binding power to examine and rule on allegations of violations of conventions. The Committee of Ministers of the Council of Europe also makes sure that the court’s judgements are put into effect. It can also require so-called general measures, including amendments to legislation. In the light of judgements made by the court, the Finnish authorities try to examine their own actions and redress any shortcomings they notice.

The individual’s opportunity to complain to international bodies about perceived violations of rights has so far applied only to civil and political rights. Finland has traditionally seen human rights as a broad totality. One of the strengths of the Finnish system of fundamental rights lies in the fact that people’s rights to liberty, security and participation in deciding the affairs of society, their economic, social and cultural rights and their rights in relation to the environment can be examined as a single totality.

The universality, indivisibility and equal value of all human rights are internationally recognised. I find it encouraging that also the matter of strengthening international agreements concerning economic, cultural and social rights has now begun to be discussed. A concrete step has already been taken at the Council of Europe: an additional protocol to the European Charter providing for a system of collective complaints came into force at the beginning of July. Now, international and national labour-market federations and other NGOs will be able to contribute to safeguarding social rights by lodging complaints with the Council of Europe about cases where they believe that the Charter has been implemented unsatisfactorily in a signatory state. Finland’s contribution to bringing about this arrangement has been central.

Unlike the situation in Rafael Erich’s days or indeed as recently as a decade ago, international courts are nowadays part of many jurists’ everyday life in all of the lawyer’s traditional roles: as the legal representative of a private party, the Government of Finland or an international organisation or as a judge or in some other task. Finland has been able to provide jurists of a high standard to assume international roles as judges: Raimo Pekkanen and Matti Pellonpää on the European Court of Human Rights, Leif Sevón and Virpi Tiili on the European Communities’ Court of Justice and Bengt Broms on the court of arbitration between the United States and Iran.

In the Treaty of Amsterdam the European Union is committing itself to the principle of respect for fundamental rights. The 1995 revision of the fundamental rights provisions of the Finnish Constitution contributed to influencing the contents of the Amsterdam Treaty. During the negotiations leading up to the Treaty, Finland proposed the inclusion of a provision which very largely corresponded to the prohibition on discrimination enshrined in Section 5 of our Constitution Act.

No one shall, without acceptable grounds, be afforded a different status on account of sex, age, origin, language, religion, conviction, opinion, state of health, disability or any other reason related to the person.

The very similar provision that the Amsterdam Treaty contains will become part of EU law when the Treaty enters into force next year.

Our revision of the fundamental rights provisions in our Constitution was a turning point in many senses and it has clearly developed our human rights culture in this respect. Fundamental rights are now guaranteed to all persons within the compass of Finland’s jurisdiction. The comprehensiveness of the provisions was substantially increased, because economic, social and cultural rights were included alongside traditional civil rights. For example, the rights of minorities are now formulated in a way that has attracted positive international interest. It is also noteworthy that the status of fundamental rights has been strengthened. Section 16a of the Constitution Act requires public authorities to "secure the implementation of fundamental rights and of international human rights". This starting point must be taken seriously. The implementation in reality of fundamental rights presupposes active measures on the part of public authorities.

Strengthening our own human rights culture gives us opportunities to offer cooperation and help others more extensively than we have done in the past. Indeed, Finland’s experience and expertise in the legal sector are nowadays the focus of great interest. Strengthening human rights, including the rights of minorities, and democracy is also one of Finland’s central goals in development cooperation.

The advantage of a country that, although small, is one in which respect for the rule of law is strong is that we can function as a kind of laboratory of legal development and pass on information about our experience. On their basis, the dialogue is genuine and gains general recognition. We meet all of the prerequisites for participating more profoundly in the international discourse both bilaterally and collectively also within European Union circles.

Our experience of cooperation in the legal field with China has been positive. It has been possible to exchange views and discuss also difficult matters in an open atmosphere. Our common goal has been to clarify the basic principles on which the rule of law functions.

Dimensions in a country the size of China are enormous and changes take time. Nevertheless China has clearly expressed her willingness to become more closely integrated into the international human rights protection system. The country is in the process of ratifying the UN International Covenant on Civil and Political Rights and recently signed the UN International Covenant on Economic, Social and Cultural Rights. China has already shown an interest in obtaining information about how the legislative reforms and development of systems that are prerequisites for fulfilling human rights obligations have been carried out here in Finland.

To-the-point dialogue and practical cooperation often yield more results than condemnation and pressure. Human rights are genuinely universal. That both entitles and obligates us to care how the rights of the human individual are implemented also outside Finland.

When we celebrate a centenary we must seek a perspective on the ages. Dante wrote 600 years ago that he was a citizen of the world. That is still more a utopia than a foreseeable reality, even though we Finns are already citizens of both Finland and the European Union. EU citizenship obliges us to participate more actively in developing European civil society - a Europe of its citizens - and justice.

Strong national self-esteem is a precondition for international participation. Neither global justice nor even a world-wide discourse on values are very conceivable without being based on strong self-esteem and guaranteeing people’s dignity and general justice in our own immediate circles. What internationalisation is all about is opening up the Finnish legal culture to interaction, not importing foreign models. Cherishing our own legal culture always takes pride of place.

When the Finnish Lawyers’ Association celebrated its 50^th anniversary, President K.J. Ståhlberg extended a greeting on behalf of the jurists that had founded the Association decades earlier. He congratulated the Association on "what it had accomplished to make Finnish law known and to develop it as well as to bring it to a position of dignity and strength in the life of our people."

At this celebration five decades later we can still confidently assess the constructive significance of our legal culture in an internationalising world. It is valuable that the Finnish legal profession, respecting traditions but looking to the future, cherishes and strengthens people’s freedoms and rights in this country and the world.

I wish the Finnish Lawyers’ Association and its members the best of success.