Advocacy within the Commonwealth

Submission of the Commonwealth Human Rights Initiative (CHRI) to the Commonwealth Ministerial Action Group (CMAG)
Abuja, 4 December 2003

Fiji Islands

1. CHRI recommends CMAG continue to monitor the situation in Fiji pending the outcome of the court case regarding the proper number of Cabinet posts to be allocated to the Fiji Labour Party (FLP) by the ruling Soqosoqo ni Duavata ni Lewenivanua (SDL) Party.

2. CHRI recommends that the Commonwealth encourage the SDL Party and FLP to maintain their commitment to genuinely implementing the power-sharing arrangements enshrined in Fiji's Constitution in the sprit of multi-ethnic harmony in which they were drafted. To this end, once the outcome of the court case is determined, the parties should commit to working cooperatively to ensure the efficient and effective functioning of Cabinet in the interests of the entire country.

Pakistan

3. CHRI notes that CMAG has agreed that if the negotiations between the Government and the political parties on the outstanding issues in the Legal Framework Orders are concluded successfully and a comprehensive package passed in Parliament in accordance with the Constitution, CMAG could recommend to Heads of Government that Pakistan's suspension from the councils of the Commonwealth should be lifted.

4. CHRI urges CMAG to include the further requirement that the Government should demonstrate a genuine commitment to upholding human rights before its suspension should be lifted. In practice, at a minimum this includes respect for the right to freedom of religion, freedom of expression, freedom of association and prevention from arbitrary detention, for example.

Zimbabwe

5. CHRI notes that Mr Justice Hlatshwayo has reserved his judgement in the case brought by Opposition Leader Tsvangirai challenging the legality of the 2002 Presidential election. CHRI urges CMAG to continue to monitor the case with a view to ensuring that any decision is fairly made and has a sound legal basis; and further, to make a statement reiterating the fundamental importance of the rule of law and the independence and impartiality of the judiciary to democracy in Zimbabwe.

6. CHRI reiterates its concern at the continued abuse of fundamental human rights and the principles of good governance and rule of law in Zimbabwe. The Government's continued interference with independent newspapers such as the Daily News, The Sunday, The Standard and The Independent, represent a flagrant interference with the right to freedom of expression. Likewise, violations, such as the infringement of freedoms of association, expression and assembly, continue. Most recently, the police arrested members of the Zimbabwe Congress of Trade Unions during a peaceful protest. The selective use of the Public Order and Security Act 2002, plus its inherent regressive nature, have led to abuse of human rights and poor governance, and associated negative economic consequences.

7. CHRI recommends that prior to Zimbabwe's readmission to the councils of the Commonwealth, a specific human rights inquiry be conducted.

8. CHRI urges the Commonwealth, particularly CMAG, the troika and Secretary-General, to take all possible action to encourage Zimbabwe to implement its Harare Declaration commitments. Until there is compliance with these principles, CHRI believes that Zimbabwe must remain suspended from the councils of the Commonwealth.

Anti-terrorism legislation

9. In the two years since the September 11, 2001 attacks on the World Trade Center, anti-terrorism legislation has been introduced and updated in many Commonwealth countries. CHRI takes this opportunity to again draw to the CMAG's attention to the fact that while it is important to implement measures that limit and deal with terrorism, such measures must not erode fundamental human rights and civil liberties.

10. Particularly concerning has been legislation enacted by Commonwealth member states which removes basic rights such as the right to be informed of the reason for detention, to have access to legal counsel and to appeal. Limitations on freedom of speech, assembly and association have also been imposed; as well as differential treatment for accused. There are also disturbing instances where such legislation has been used as a pretext to suppress minority groups and curtail responsibilities to asylum-seekers and refugees.

11. Terrorist legislation should only curb terrorism and not abridge the hard won civil liberties of the population at large. CHRI fears that in too many cases the excuse of terrorism is being used to suppress popular democratic voice wherever convenient for the government - a practice which is not in keeping with the Harare principles.

12. CHRI recommends that CMAG specifically reiterate that anti-terrorism legislation must maintain respect for human rights; and that discussion and action in response to terrorism must focus on the causes of terrorism as well as the acts themselves.

Commonwealth commitments

13. As CMAG prepares its final report to the 2003 CHOGM, its mandate should encourage a consideration of the implementation by the Commonwealth's member states of their human rights commitments, both within the Commonwealth and in other international fora. Most notably, the Harare Declaration, but also numerous other Commonwealth statements including the most recent CHOGM Declaration in Coolum, recognise the central role of human rights in the Commonwealth.

14. Despite these paper commitments to human rights, throughout the Commonwealth people's human rights - both civil and political, as well as economic, cultural and social - continue to be violated. CHRI calls upon CMAG, as one of the most important mechanisms for the protection of human rights in the Commonwealth, to recommend that the Commonwealth develop a practical mechanism to track and monitor member states' implementation of their commitments.