Advocacy within the Commonwealth

Submission of the Commonwealth Human Rights Initiative (CHRI) to the Commonwealth Ministerial Action Group's meeting, 2-3 May 2000

General

The Commonwealth Human Rights Initiative (CHRI) was surprised and disappointed that Commonwealth Heads in Durban did not endorse recommendations by the outgoing membership of the Commonwealth Ministerial Action Group (CMAG) that it should be seized of situations such as the postponement of national elections, the impediment of opposition or media activities, the abrogation of the rule of law or violation of the independence of the judiciary. The Harare Commonwealth Declaration, 1991, pledged member states to concentrate on "democracy…the rule of law and the independence of the judiciary, just and honest government;-- fundamental human rights." It appears extraordinary, therefore, that such specific causes for CMAG inquiry should not have been endorsed eight years later.

Nonetheless the CHRI welcomes the fact that the review group of political leaders, chaired by President Mbeki, will consider the CMAG mandate in the context of the Commonwealth response to the challenges of the 21st century. This could give an opportunity for significant advances in the protection of human rights for Commonwealth citizens at the Brisbane CHOGM, and the CHRI looks forward to making appropriate recommendations in due course.

Pending this review the CHRI would urge CMAG, with its new composition and assisted by a Secretary - General who has served as its Vice Chair for four years, to continue to address serious or persistent violations of the Harare Principles as prescribed in the Millbrook Plan of Action, and to encourage preventive measures, especially in fragile democracies and transitional regimes. CHRI was pleased to be told recently by the Commonwealth Secretariat that "The human rights aspects of the matters before it always inform the discussions of the CMAG."

In retrospect it is clear that insufficient support was given to Pakistan prior to the 1999 military coup to deepen commitment to the Harare Principles in all sectors of that society, including parliament and the armed services. Real effort will be needed in Nigeria and other states with transitional systems to consolidate human rights in a more open, plural and competitive environment. This point is expanded below.

Pakistan

It is important that CMAG continues to engage with the Pakistan military government, which rules over the second largest state by population in the Commonwealth. It is important too that Commonwealth NGOs continue to work with specialist partners in that country.

There have been mixed signals from the government of General Musharraf over the last six months. He has not produced a timetable for a return to an elected civilian government, and his proposal for local elections on a non-party basis has similarities to the unsatisfactory "basic democracy" of General Ayub Khan. At the same time he has sought to enfranchise the large number of illiterates in Pakistan.

However, on a more positive note, there are indications that the military government is looking favourably at steps which would raise the status of women, which could reduce corruption in public life, and which might lead to a statutory Human Rights Commission.

Deep-seated problems are not going to be resolved quickly. They include the weakness of socio-economic development, a proliferation of armed groups with light weapons -- some of which engage in attacks on neighbouring states - inequality in wealth and landholding, religious and communal intolerance, a large refugee population, shortcomings in education, and a limited culture of representative democracy.

In the circumstances CMAG should reiterate the Commonwealth that suspension of the government from its councils cannot be lifted on elected government has taken over; it should offer to visit Pakistan later this year, to see whether Commonwealth governments and agencies can do more to assist in a transition to a stronger democracy; and it should be vigilant to criticize any abuse of human rights.

Much responsibility now lies with individual Commonwealth governments and NGOs to assist Pakistan to emerge from what appears to be a political cul-de-sac. Efforts to renew the South Asian peace process, symbolized by the Indian Prime Minister's bus ride from Amritsar to Lahore in early 1999, should be encouraged as should the international attempt to bring Pakistan into the nuclear non-proliferation treaty.

Zimbabwe

Widespread concern has been expressed at challenges to the rule of law and political intimidation in Zimbabwe, home of the Harare Declaration, 1991. The CHRI shares this concern, and indeed wrote to the former Secretary-General prior to the constitutional referendum of February, 2000, urging him to speak out against abuses. The flouting of a judge's order for the removal of squatters from farm properties was in clear violation of the Harare Declaration, and subsequent murders, of opposition people and farmers, call for strong action by the Zimbabwe government and police.

Hopefully, by the time of this CMAG meeting, the Foreign Ministers concerned will have up-to-date information from a variety of Commonwealth sources on the current situation, and on the efforts made to bring President Mugabe's government into the ambit of the Harare Principles.

CMAG's interest must be in adherence to the Harare Principles, in particular that the promised parliamentary elections should go ahead as planned in an atmosphere without intimidation, with impartiality of state media, and with fair registration of voters and counting of votes. It is a matter of urgency that a Commonwealth election monitoring group should be put in place.

CMAG should inform the Zimbabwe Government that state sponsored land invasions will not only contribute to general lawlessness but will have dire effects on the economy. It should encourage the British and Zimbabwe governments to compose their differences over compensation to landowners after the elections, and after the Zimbabwe authorities and police have demonstrated that they will uphold the rule of law. The CHRI fully recognizes that land reform has remained an item of unfinished business since the Lancaster House agreement of 1979, and should long ago have been more fully addressed by successive British Governments; in recent years, unfortunately, the Zanu-PF government has used "land reform" to reward political cronies rather than the landless.

CMAG should mandate one of its number, preferably the Foreign Minister of Botswana, to visit Zimbabwe with the Commonwealth Secretary-General to bring home its views to all parties. It would be a disaster for the Commonwealth, and the reputation of the Harare Commonwealth Declaration, if there was to be a breakdown of fundamental political values in the country. The present situation of lawlessness is already damaging neighbouring states.

West Africa

The military takeover in Pakistan put an end to unjustified optimism about the impact of the Harare Principles, in states where military regimes have been commonplace since independence. It is essential that CMAG applies this lesson to the West African states with which it has been concerned since 1995. It should review progress in the consolidation of rights and democracy in Nigeria, Sierra Leone, The Gambia and Cameroon.

With regard to Nigeria, the regional power which was suspended from Commonwealth membership from 1995 to 1999, CMAG should invite President Obasanjo's Government and Nigerian NGOs to set out the ways in which Commonwealth assistance could now be most helpful. It is clear that ethnic and religious friction is posing a threat in several regions. Commonwealth agencies may be able to provide assistance in the training of police, the administration of justice, and grassroots social development.

In Sierra Leone, the subject of an international appeal by the previous Commonwealth Secretary - General, the Lome Accord is still not fully operative with no-go areas controlled by the RUF, and full decommissioning yet to take place. Horrific human rights abuses have occurred over the last decade and victims have had inadequate assistance or compensation. The CHRI itself is planning to send a group to see what more can be done to build a peaceful democracy and effective human rights institutions.

CMAG can raise awareness of how the Commonwealth can help to reconstruct this shattered country. In particular it should strengthen and extend the Commonwealth Action Plan, by providing more support for police training, institutions such as the Truth and Reconcilation Commission, and infrastructure to help damaged children and displaced persons. Modest financial assistance would, for example, bring desperately overcrowded police cells up to minimum international standards.

For the Gambia, President Jammeh at Durban invited CMAG to make a visit to verify that his country no longer deserved its continued attention. Heads of Government had "expressed concern at the continued existence of the Schedule to Decree no 89, which prescribes the political activities of certain political parties and individuals." The CHRI had earlier expressed the view that, while not beyond criticism, the situation there probably no longer merited CMAG invigilation. However, in the light of the president's invitation, and the recent killings of students and others by presidential guards in Banjul, it would be a useful precedent if one member of the CMAG group, accompanied by a Secretariat official, was to visit The Gambia for discussions before the country comes off the CMAG agenda.

It is understood that the CMAG meeting in New York last year agreed to send a mission to Cameroon, at a time of anxiety over death sentences. This anxiety was relieved and since then there have been a number of activities organised by the Secretariat in Cameroon. CMAG should request the Secretary-General to inform members about the current state of adherence to the Harare Principles in Cameroon. CMAG itself should not undertake missions lightly, given pressures on the time of Foreign Ministers and the availability of responsible staff in the Secretariat.

Malaysia

Following a detailed report on the state of the justice system in Malaysia, by four organisations, one of which is a sponsor body of the CHRI , the CHRI is persuaded that the rule of law is not adequately protected in that country. The inquiry followed concerns about the trial of former Deputy Prime Minister Anwar Ibrahim, and other high profile cases in which the executive has had a political interest.

Among a number of significant recommendations in this report the CHRI would underline the call for the independence from government of the judiciary and legal profession; that the executive should refrain from public comment until a judgement has been delivered; that Malaysia should become a party to UN human rights treaties and should repeal the Internal Security Act and the Sedition Act; and that NGOs should be able to carry out non-violent activities free from harassment, and should be able to exercise their freedom of expression.

The CHRI has previously drawn attention to the importance of CMAG being free to publish observations where a state represented in its membership is the subject of its inquiry. In this case it should request the Malaysian Government to react publicly to this very detailed report. In view of the particular worry over the unfairness of the trial of Anwar Ibrahim, who was assaulted by the Chief of Police, it should request diplomatic representatives of other countries represented on CMAG who are based in Kuala Lumpur to visit him in jail.