Advocacy within the Commonwealth

Submission of the Commonwealth Human Rights Initiative (CHRI) to the Commonwealth Ministerial Action Group's meeting, February 1998

General

The Commonwealth Human Rights Initiative (CHRI) welcomed the decision by Commonwealth leaders at Edinburgh to renew the Commonwealth Ministerial Action Group (CMAG), and to confirm its mandate for Commonwealth Countries where there are serious and persistent violations of human rights, in contravention of the Harare Declaration, 1991. The CHRI believes that the Harare Declaration governments promise their peoples and each other that they must provide for just and accountable government, the rule and fundamental human rights.

The first two years of CMAG, 1995-97, have been disappointing. There has been no change to the Nigerian military dictatorship which was suspended in 1995, the so-called transition to democracy is fraudulent but CMAG has been reluctant to say so, and the 43 political prisoners of November 1995 remain in jail. Indeed Major-General Yar'Adua died there, and new persons, including journalists and senior military, have been arrested on dubious charges.

In the Gambia, the presidential elections which brought the coup leader Major Jammeh to civilian power were strongly criticized. In Sierra Leone, the one state in which CMAG might have claimed that its mandate had succeeded, the overthrow of an elected president in 1997 led rightly to the suspension of the military junta from Commonwealth membership.

It is essential that, over the next two years, CMAG should become more effective. It has to be so if the post-Harare rules of membership are to be meaningful, and if the Commonwealth's compact with its citizens is to gain their respect.

Nigeria

The suspended military regime in Nigeria remains the biggest challenge facing CMAG and, if CMAG proves unable to assist Nigeria to achieve an authentic transition to democracy and recognized human rights, many would urgue that CMAG and the Commonwealth will have lost their Harare and Millbrook credentials. CHRI appreciates the serious difficulties facing CMAG but would now propose that :

CMAG should put more emphasis on Nigeria's persistent violations of human rights and on the plight of political prisoners as required by Millbrook. Commonwealth governments have singularly failed to marshal world attention on their well-being and release.

CMAG should not only demand the release of the political prisoners but support attempts by the UN Special Rapporteur on Nigeria to visit them in jail or under house arrest. It should seek to arrange a mission by the International Red Cross to investigate conditions in Nigerian prisons.

CMAG should set out publicly what the conditions are that have to be met if the Commonwealth is to recognize a democratic transition to a civilian presidency. In particular the CMAG should denounce the present manipulation of political parties, controls on broadcasting and the media, officially-sponsored corruption, arrests and activities by military tribunals. It should indicate that those who usurp power by a coup, and govern by coercion, cannot ensure a level playing field if they themselves are candidates.

Given the lack of prisoner releases called for in Auckland in 1995, the dubious nature of General Abacha's transition programme, and the position taken by Commonwealth Heads in Edinburgh, CMAG should now introduce all eight sanctions proposed in April 1996. It is essential to signal to the dictatorship that the Commonwealth means what it says.

If Nigeria does not release the prisoners and return to genuine civilian democratic rule by 1 October, Nigeria should be expelled from the Commonwealth as threatened by CHOGM in Auckland. In that event CMAG should set on foot plans for the support of Nigerian human rights and civil society groups thereafter. CMAG must show concern for the Nigerian people, and this will require a coordinated Commonwealth response for refugees and political exiles.

CMAG should authorize the Commonwealth Secretariat to consult widely with Nigerian human rights and civilian opposition groups to see how the Commonwealth can assist in achieving an authentic transition to a secure civilian polity, whenever the opportunity may arise. It should also consult relevant Commonwealth opinion on how Nigerians may draw on best practice in handling the issues of truth, reconciliation and justice which will arise after the end of the dictatorship.

Sierra Leone

The Commonwealth is right to persist in its efforts to enable deposed President Kabbah to return to power. There have been horrific human rights violations in Sierra Leone. CMAG should assert the Commonwealth's interest in effective disarmament and an orderly transition to a peaceful society.

Other Countries

Given the newness of CMAG as an instrument, its modest resources, and its limited achievement so far, the CHRI is reluctant to propose that the Group should take on many cases. There are alleged violations of fundamental human rights in many member countries. But the CHRI would argue that, at this early stage in the development of CMAG, the Group should apply two tests before embracing additional tasks.

First, that the violations alleged are so serious and persistent that, if a country was outside the Commonwealth, it would not be allowed to join under the Edinburgh membership criteria which derive from the Harare Declaration. (By the same token, such violations could lead to the suspension of an existing member government.) Second, that there is a reasonable chance that the intervention of CMAG could be beneficial. By these two tests the CHRI would argue that CMAG should consider taking up fundamental human rights issues in the following states:

Cameroon

When the Cameroon government joined the Commonwealth in 1995, following a visit by a group appointed by the Secretary-General, it knew that this group had warned that political rights and freedom of expression were not secure. In 1997 a Commonwealth Election Observer Group was highly critical of the presidential election and various NGOs (including Amnesty International and Article 19) stated that basic rights were not being guaranteed. CHRI thinks that the Commonwealth has let down the people of Cameroon who hoped that, when their government stated that it would abide by the Harare Declaration, their rights would be made safer. CMAG should make such concerns known to the government of Cameroon, collate evidence on the current situation, and instigate technical and other types of assistance.

Kenya

The recent presidential and parliamentary elections may have been cleaner than in 1992, but there was still evidence of media bias in favour of KANU, and of electoral malpractice. One-party strategies in favour of the governing party continued in the multiparty era after 1992; these involved favouritism, intimidation and induced ethnic friction. Most unfortunately there was no Commonwealth Election Observer Group in December 1997. Although some donor governments have made their views known to President Moi and his government, CMAG should enlist the Commonwealth more widely so that the tentative reforms launched in 1997 become fully effective over President Moi's last term.

Zambia

The CHRI fact-finding mission which reported in 1996 (Zambia: Democracy on Trial), found that arrangements leading up to the reelection of President Chiluba were manifestly unfair. Since then there has been an assassination attempt on the lives of Ex-President Kaunda and Dr Rodger Chongwe and 91 arrests, including that of Kaunda, after the attempted coup of "Captain Solo." CMAG should register its alarm with the government of President Chiluba, and ensure that Commonwealth diplomats in Lusaka monitor the trials of Ex-President Kaunda and the alleged coup plotters.

Sri Lanka

In terms of CMAG's remit it is difficult to ignore the deaths, suffering (especially of women and children) and internal and external displacement of refugees in Sri Lanka. Both the Tamil Tigers (LTTE) and government security forces have been blamed for large-scale human rights abuses. CMAG should see whether Commonwealth pressure on the parties can be stepped up to achieve a sustained negotiation and a lasting peace.

Procedures

CMAG is not making enough use of two of the Commonwealth's greatest strengths - its media and its NGOs. Media interest can help to realize CMAG's objectives, and inform Commonwealth citizens of what is being done on their behalf. A more media - friendly environment for CMAG's work should be created; some hearings should be public, and the Chair of CMAG should do more to publicise its approach. To spread awareness of CMAG's work there should be more consideration of where it meets; although for logistical reasons some meetings may continue to be in London, at least one each year should be held in the capital of another Foreign Minister who serves on the Group (e.g. Kuala Lumpur, Ottawa, Bridgetown, Accra).

CMAG should invite evidence from NGOs on particular countries or topics, issue the dates of its meetings well in advance, and be more ready to call for oral presentations. In certain cases NGOs could collect information on CMAG's behalf. The CHRI renews its offer to mount fact-finding missions at the request of CMAG.

Conclusion

CMAG must make better progress over the next two years, in particular on Nigeria. It should be much more willing to speak out and to recognise that, if the military dictatorship has to be expelled from the Commonwealth because its elections are a fraud, this will not be a setback. On the contrary, it will be a signal to the world and the people of Nigeria - whom the Commonwealth must never forget - that membership guarantees fundamental human rights.