Advocacy within the Commonwealth

Submission of the Commonwealth Human Rights Initiative (CHRI) to the Commonwealth Ministerial Action Group (CMAG)
Botswana, May 2002

General

1. The Commonwealth Human Rights Initiative ( CHRI ) welcomes the first meeting of the Commonwealth Ministerial Action Group ( CMAG ) following the revision to its mandate which was agreed at Coolum, Australia in March 2002. It is excellent that this will take place in Botswana, as it will help to publicise the role of the Group in southern Africa. The CHRI appreciates that there is now a wider brief, and a process involving inquiries and "good offices" work by the Secretary-General, prior to direct involvement by CMAG. However it would expect CMAG, in addition to watching cases which it has been mandated to monitor, to maintain the valuable tradition of off-agenda discussions on issues where dangers may arise. CMAG remains the only representative Commonwealth group of Foreign Ministers which meets regularly, with a concern for fundamental political values and human rights. As a continuing diplomatic contact group it has become essential.

2. This submission will focus on two cases before CMAG -- Pakistan and Zimbabwe. However the CHRI believes that CMAG and the Commonwealth should find ways to acknowledge significant developments in South Asia -- the cease-fire in the long-running civil war in Sri Lanka, and the outbreak of religious communalism in the Indian state of Gujarat. The Commonwealth has not been directly involved in peacemaking in Sri Lanka, but should do everything to encourage it. The problems in Gujarat, like the less deadly riots in the northern cities of the United Kingdom last year, make a mockery of Commonwealth commitments to tolerance and human security. The CHRI remains concerned about the situations in Cameroon and the Fiji Islands.

3. The CHRI would urge CMAG to take forward, prior to the Abuja summit next year, consideration of the various proposals for a Commonwealth High Commissioner for Human Rights, or Commission for Human Rights as independent preventative mechanisms . The first proposal, it will be recalled, was made by The Gambia in 1977, which sought a commission with judicial powers. The CHRI would not now support that approach. However it is plain that the Commonwealth is now regarded as a world leader in the promotion and implementation of human rights in the widest sense -- following the establishment of CMAG and the suspension of a civilian government in Zimbabwe -- yet its institutional capacity has yet to match its intentions. This is particularly true in the area of socioeconomic rights. A Commissioner or Commission could advise CMAG and the Secretary-General not only in terms of international standards, but also the commonalities which underpin today's Commonwealth. A new instrument could be designed to avoid duplication with the Office of the UN High Commissioner for Human Rights.

Pakistan

4. The one candidate referendum recently carried out by General Musharraf can in no way be described as democratic. Although the National Assembly elections due later this year are to be welcomed if they are carried out with full democratic guarantees, the Pakistan government has to be told in no uncertain terms that, until there is a fully responsive elected executive, it will not be eligible for a return to full Commonwealth membership. Since General Musharraf has awarded himself a five year term as President it would appear that the earliest he can expect to have the suspension of his government lifted will be the Commonwealth summit in 2007.

5. Nonetheless the Commonwealth should stay engaged with developments in Pakistan, and the CHRI welcomes the recent visit by senior Secretariat officials to Islamabad. The reduction of tension in South Asia, and improvements to human rights for ordinary Pakistanis -- especially women -- should be encouraged where possible. The CHRI has been concerned to read of murders of doctors in Karachi, for example. The fact that both Bangladesh and India are now represented on CMAG should assist the Group in achieving an informed and imaginative approach to the suspended Pakistani government.

Zimbabwe

6. The CHRI would urge CMAG also to stay engaged with the evolving Zimbabwean situation, following the flawed presidential election and the suspension of the Zanu-PF government from the councils of the Commonwealth. While supporting the dialogue between Zanu-PF and the MDC, which is being facilitated by Nigerian and South Africa interlocutors on behalf of the Commonwealth, not too much should be expected from this and CMAG should consider other approaches.

7. Since the election there have been two main developments: revenge attacks by Zanu-PF on those supposed to be its opponents, with a narrowing space for civil society; and a worsening economic crisis involving the risk of hunger for 7.8 million people.

8. CMAG should influence the World Food Programme to ensure that food relief inside Zimbabwe is distributed fairly, and without regard to party affiliation. It should encourage Commonwealth NGOs to continue to work with Zimbabwean partners. It should request the Secretary-General himself to visit Harare, to talk to President Mugabe, Morgan Tsvangirai and others, to exchange views and advise them on what needs to be done to bring Zimbabwe back within the 1991 Harare Principles. It should encourage a return of the UNDP team to Harare to make recommendations on an equitable land reform, and urge the international community to support it on condition that both the government and opposition in Zimbabwe support it, and are involved in implementation on a non-partisan basis.

9. CMAG should also take note of the recent media monitoring report by the Commonwealth Press Union, which found that there had been serious cases of bias by both state media and the independent press during the presidential election. The Secretary-General should be asked to bring these matters to the attention of political parties and media on his visit to Zimbabwe, given the recent commitment at Coolum to freedom of expression.