Advocacy within the Commonwealth

Submission of the Commonwealth Human Rights Initiative to the Commonwealth Ministerial Action Group meeting, February 2005

The Commonwealth Human Rights Initiative (CHRI), as the main Commonwealth human rights non-governmental organisation, is committed to providing a civil society perspective on the issues and countries considered by the Commonwealth Ministerial Action Group (CMAG). This submission covers the situation in Pakistan, the only country currently on CMAG's agenda; as well as the Maldives, a country of great concern to CHRI.

Pakistan

It is now nine months since Pakistan's reinstatement to full membership of the Commonwealth. Unfortunately, during that time there has been little genuine positive change in terms of human rights, democracy and good governance. This risks undermining the standards that the Commonwealth has stated is required for membership of the association.

In previous submissions CHRI has documented human rights violations in Pakistan particularly regarding violent intimidation of the media, as well as violence by para-military forces. We reiterate that such violations continue.

Also of concern is the lack of democratic governance in Pakistan. A restoration of democracy involving a shift from military to civilian governance was expected by now; however not only has this not occurred, but the role of military in governance has in fact been strengthened and institutionalized.

This is particularly of concern considering the Commonwealth's commitment to democratic, civilian governance and that Pakistan's reinstatement to the Commonwealth was on the basis of progress made in restoring democracy and rebuilding democratic institutions.

CHRI calls on CMAG to strongly indicate to the Pakistan authorities that further delays in restoring democracy and continued disregard for universal principles of human rights and the rule of law would lead to re-suspension of Pakistan from the councils of the Commonwealth.

Maldives

CHRI wishes to again draw CMAG's attention to the Maldives, due to continued violations of human rights and disregard for the principles of participatory democratic governance and the rule of law.

At the time of CHRI's last submission to CMAG, the President, Mr Maumoon Abdul Gayoom, had declared a state of emergency in the Maldives. This, and the detention of anti-government activists, is consistent with the behavior of the government to stifle any opposition to the President's 26-year rule.

It is positive to note that the state of emergency has now been lifted, however violations of the Harare Principles continue. These include: violations of freedom of expression and association; absence of the rule of law; executive interference in the judiciary; control and oppression of the media and internet; repression of political opposition and arbitrary detention and torture. Also of concern are reports of government undermining of the National Human Rights Commission, a crucial body for the promotion and protection of human rights in the Maldives.

Recent elections highlighted failures in the governance system currently in place in the Maldives. While the report of the Commonwealth Expert Team is still awaited, other reports have clearly shown violations of basic elements of electoral democracy. Of particular concern was the failure to register any opposition party and allegations of corruption and violence at the polls.

It is positive to note, however, that President Gayoom had made a direct commitment to reform within the next year. We note that this would include a multi-party political system, office of the Prime Minister, a Supreme Court and direct election of the President.

CHRI recommends the Commonwealth actively engage with President Gayoom in the proposed constitutional reform. Considering the situation in Zimbabwe, where the Commonwealth has witnessed the near-collapse of a member state, CHRI calls on the Commonwealth to act immediately to ensure that the situation in the Maldives does not deteriorate.
Now is also the time for the Commonwealth to publicly state its intention to closely monitor these reforms as such international scrutiny, as well as support, is essential in better ensuring that reforms become reality within the stipulated timeframe.

Inclusion of the Maldives in the Concluding Statement of the 25th Meeting of CMAG - the body mandated to assess compliance with the Harare Commonwealth Declaration - would send a message to the Maldivian administration and other Commonwealth nations that actions that violate the Harare Principles are unacceptable and will not be overlooked by the Commonwealth. Continued silence implies acceptance and risks damaging the Commonwealth's reputation for membership being dependent on the principles of democracy and human rights articulated in the Harare Declaration.