Advocacy within the Commonwealth

Submission of the Commonwealth Human Rights Initiative (CHRI) to the Commonwealth Ministerial Action Group (CMAG)
London, May 2003

International protection and promotion of human rights

1. International events of the last few months related to Iraq have once again highlighted the challenges faced by multilateral organizations. It is of serious concern to CHRI that actions by two Commonwealth members - the United Kingdom and Australia - as well as the United States of America, were conducted without the approval of the United Nations Security Council, the group mandated to make decisions in such situations. Such action puts the international human rights regime at risk, and increases the difficulties for humanitarian assistance. It was significant that only three other Commonwealth states -- Singapore, Solomon Islands and Uganda -- were listed by the US on March 21 as supporting its invasion of Iraq. This contrasted with the situation in 1993 when Commonwealth countries overwhelmingly backed UN action following the Iraqi invasion of Kuwait, and many provided direct assistance.

2. CHRI recognises the limited options available to the international community in dealing with situations where national sovereignty shields governments when they seriously and systematically violate the rights of citizens. The international community needs to explore alternatives to either military intervention or ignoring the violations; and CHRI calls on the Commonwealth to develop other tools for protecting the rights of citizens. The importance of genuine involvement of civil society in such efforts must be emphasized.

Zimbabwe

3. Severe and widespread violations of human rights continue to occur in Zimbabwe. CHRI has expressed its concerns to the Commonwealth on many occasions, including past submissions to CMAG, as well as our comments in March 2003 related to the end of the term of the Commonwealth Chairpersons' Committee or "troika". Unfortunately the human rights situation in Zimbabwe has not improved - in fact, it has arguably worsened.

4. The Commonwealth must stand firm on issues of good governance, the rule of law and human rights. To ignore violations of these principles is to risk the credibility of the Commonwealth as an organization, and jeopardize the welfare of Zimbabweans.

5. While it was disappointing to note that the troika failed to make progress in engaging Mugabe in dialogue, CHRI welcomed the Secretary-General's comments at the time of the disbanding of the troika, that Zimbabwe remains suspended from the Councils of the Commonwealth and that the matter will be discussed at CHOGM in December 2003.

6. CHRI believes Zimbabwe should remain suspended from the Councils of the Commonwealth until there is compliance with Commonwealth standards of good governance, human rights and rule of law. A specific Commonwealth human rights inquiry should be conducted in Zimbabwe prior to re-admittance.

7. The visit to Zimbabwe on May 5th by two members of the former troika - South African President, Thabo Mbeki, and Nigerian President, Olusegun Obasanjo - as well as the Malawian President, Bakili Muluzii, are welcomed as efforts to make progress in the current crisis. CHRI is pleased to note that the Presidents met with both Zimbabwean President, Robert Mugabe and Opposition Leader, Morgan Tsvangirai. It is hoped this can be a catalyst for the resumption of dialogue between these groups.

8. The involvement of three Commonwealth Heads of Government does not, however, abrogate the responsibility of the rest of the Commonwealth from action. CHRI recommends CMAG to continue to monitor the situation and take a proactive role in promoting a restoration of democracy, rule of law and protection of human rights.

9. CHRI calls on the Commonwealth Secretariat and CMAG to continue attempts to engage President Mugabe in dialogue, particularly in light of the May 5 meeting. Recognizing that Commonwealth Observers found the Presidential elections unfair and recognizing the situation of starvation and political distribution of food, CHRI calls on the Secretary-General to also include the leader of the Opposition, the Director of the World Food Programme and civil society organizations in discussions.

10. CHRI calls on the Commonwealth to give urgent attention to the deteriorating food situation in Zimbabwe, as immediate international intervention is needed to avert further calamity.

11. CHRI calls on CMAG to recommend that the United Nations Special Rapporteurs on Freedom of Opinion and Expression, on Torture, on Extra-judicial, Summary or Arbitrary Executions, on Violence Against Women and on the Right to Food, as well as the Special Representative of the UN Secretary-General on Human Rights Defenders consider carrying out missions to Zimbabwe.

Pakistan

12. CHRI notes and welcomes the decision at the 20th CMAG meeting regarding the maintenance of Pakistan's suspension from the Councils of the Commonwealth, and the Secretary-General's continued engagement.

13. It is now over 6 months since the National and Provincial Assemblies elections were held - elections, which, in the opinion of Commonwealth and other observers, were deeply flawed. It had been hoped that following these elections, more action would be taken in Pakistan to develop a functioning democracy. Unfortunately, little has occurred.

14. In light of the continued lack of democracy in Pakistan, CHRI recommends that Pakistan stay on CMAG's agenda, and that the suspension be maintained. CHRI welcomes efforts by the Commonwealth to assist Pakistan in its progress toward democracy, and recommends that civil society representatives be included in such efforts. The involvement of civil society is crucial to the development of democracy as well as to the health of the democracy itself.