Advocacy within the Commonwealth

Submission of the Commonwealth Human Rights Initiative (CHRI) to the Commonwealth Ministerial Action Group (CMAG)
New York, 27 September 2003

Zimbabwe

1. It is with extreme concern and sadness that CHRI must again note the continued abuse of fundamental human rights and the principles of good governance and rule of law in Zimbabwe. A recent example of such violations is the closure of the Daily News, and the Media and Information Commission's subsequent rejection of its application for registration. This represents an abuse of law and a flagrant interference with freedom of expression.

2. CHRI would also like to draw CMAG's attention to ongoing violations, such as the infringement of freedoms of association, expression and assembly through the Public Order and Security Act (POSA) 2002. The selective use of this law, plus its inherent regressive nature, have led to abuse of human rights and poor governance, and associated negative economic consequences. This is one of the many examples of the Zimbabwean government's continued disrespect for the rights of its people and the principles upon which the Commonwealth is built.

3. It is positive that at its last meeting CMAG agreed to keep Zimbabwe on its agenda. However, CHRI believes that more action needs to be taken to return to the Zimbabwean people respect for their rights and welfare, and to ensure the credibility of the Commonwealth as an association.

4. CHRI believes that Zimbabwe must remain suspended from the councils of the Commonwealth until there is compliance with the Commonwealth principles.

5. Considering the ongoing suspension, CHRI believes that President Mugabe must not be invited to the CHOGM in December. To do so would be to make a mockery of the suspension and the plight of Zimbabweans.

6. CHRI recommends that prior to Zimbabwe's readmission to the councils of the Commonwealth, a specific human rights inquiry be conducted.

7. CHRI urges the Commonwealth, particularly CMAG, the troika and Secretary-General, to take all possible action to encourage Zimbabwe to implement its Harare Declaration commitments.

Pakistan

8. CHRI notes with concern that there has been little progress towards restoring democracy in Pakistan. Hostile and disruptive sessions of the national assembly have prevented any significant legislation being passed and prevented the President from addressing a joint session, which is a constitutional requirement. Of particular concern is that General Parvez Musharraf continues to hold two offices - that of President and Chief of Army Staff.

9. Minimal consultation is also of concern: the only political group the government is engaging in dialogue is the alliance of religious parties, known for their opposition to human rights principles. The mainstream political opposition is barely tolerated with reported occasional harassment of opposition members.

10. Democracy is therefore not functioning in Pakistan; and CHRI recommends that Pakistan remain suspended from the councils of the Commonwealth and on the CMAG agenda.

Fiji Islands

11. CHRI notes that the Secretary-General has welcomed the Supreme Court's ruling requiring the Fiji Labor Party (FLP) to be invited to form part of the Cabinet.

12. Since this ruling, there has been further disagreement between the ruling Soqosoqo ni Duavata ni Lewenivanua (SDL) Party and the FLP regarding the number of FLP parliamentarians entitled to Cabinet posts. This has been referred to the Supreme Court for determination.

13. CHRI recommends CMAG continue to monitor the situation in Fiji pending the outcome of the court case.

14. CHRI recommends that the Commonwealth encourage the SDL and FLP to maintain their commitment to genuinely implementing the power-sharing arrangements enshrined in Fiji's Constitution in the sprit of multi-ethnic harmony in which they were drafted. To this end, once the outcome of the court case is determined, the parties should commit to working cooperatively to ensure the efficient and effective functioning of Cabinet in the interests of the entire country.

Solomon Islands

15. CHRI notes the Secretary-General has welcomed the Regional Assistance Mission to Solomon Islands.

16. Stabilising law and order in Solomon Islands poses difficulties that must be dealt with immediately. At the same time, attention must be given without delay to assisting Solomon Islands to meet the long-term goals of locally-owned, peaceful, democratic and equitable development for all.

17. CHRI recommends that the Commonwealth monitor the Mission to ensure that Solomon Islanders drive the political, economic and bureaucratic reforms that are being undertaken. The meaningful participation of the people of Solomon Islands and cooperative rebuilding and reforms must be key principles of the Mission's operations.

18. CHRI recommends that the Commonwealth maintain its offer of technical assistance to Solomon Islands, to be drawn upon if and when required. This should ideally be provided from the Pacific region.

Anti-terrorism legislation

19. CHRI notes that in the two years since the September 11, 2001 attacks on the World Trade Center, anti-terrorism legislation has been introduced and updated in many Commonwealth countries. While it is important to implement measures that limit and deal with terrorism, these must not erode fundamental human rights and civil liberties.

20. Particularly concerning is legislation which removes basic rights such as to be informed of the reason for detention, access to legal counsel and the right to appeal. Limitations on freedom of speech, assembly and association have also been noted; as well as differential treatment for accused. There are also disturbing instances where such legislation has been used as a pretext to suppress minority groups and curtail responsibilities to asylum-seekers and refugees.

21. Terrorist legislation should only curb terrorism and not abridge the hard won civil liberties of the population at large. CHRI fears that in too many cases the excuse of terrorism is being used to suppress popular democratic voice wherever convenient for the government - a practice not in keeping with the Harare principles.

22. CHRI recommends that anti-terrorism legislation maintain respect for human rights; and furthermore believes that discussion and action in response to terrorism must focus on the causes of terrorism as well as the acts themselves.

Commonwealth commitments

23. As this is the final CMAG meeting prior to CHOGM, it is important to reflect upon human rights commitments made by Commonwealth members, both within the Commonwealth and other international fora. The Millennium Development Goals for instance, seek to realise the socio-economic rights to which the Commonwealth is committed; however progress toward these is far behind schedule in many Commonwealth countries. Without immediate action - especially by the more affluent members of the Commonwealth - many will fail to reach their agreed targets.

24. CHRI calls upon CMAG, as one of the most important mechanisms for the protection of human rights in the Commonwealth, to recommend that progress toward MDGs be discussed at CHOGM. All members must be encouraged to fulfill their promises to uphold the socio-economic rights of their citizens.