Advocacy within the Commonwealth

Submission of the Commonwealth Human Rights Initiative (CHRI) to the Commonwealth Ministerial Action Group's meeting, 25th September 2004

The Commonwealth Human Rights Initiative (CHRI) is committed to providing a civil society perspective on human rights issues covered by the Commonwealth Ministerial Action Group. As such, please find below details of our concerns and recommendations regarding the one country currently on CMAG's agenda, Pakistan; a country that is fast deteriorating and requires immediate Commonwealth action, Maldives; and a former Commonwealth member, Zimbabwe. We have also included our recommendations regarding the future activity of CMAG.

Pakistan

Although Pakistan has been readmitted to the councils of the Commonwealth, citizens and civil society groups largely report little positive change in terms of human rights, democracy and good governance.

It is reported that paramilitary forces working with the army in the Punjab are killing and torturing farmers who refuse to sign contracts that would cede their land rights to the army. Of particular concern are reports that children are being detained and tortured in order to coerce their parents into signing contracts. CHRI urges CMAG to call on the Government of Pakistan to investigate these allegations.

Intimidation of the press is still common. Journalists are being intimidated to suppress their criticism, with continued reports of disappearances, destruction of property, arrests and even murder. This includes the case of Sajjad Shafiq Butt who, after reporting on drug-related crimes in Lahore, was detained without charge and beaten by police. The government has banned journalists from visiting the Shakai region where the army launched a large scale operation against Islamic fighters in June. This is consistent with continued reports of military and police harassment of journalists in various parts of the country, including the arbitrary detention of several Afghan journalists and the passing of amendments to the Defamation Ordinance - which many journalists believe restricts their activities.

CHRI recommends that CMAG reiterate the fundamental importance of freedom of expression and freedom of the press and call on the Pakistani authorities to allow members of the media to work in an environment free from intimidation. Human rights abuses against media personnel must be stopped and those responsible brought to justice.

Also still of concern to CHRI is President Musharraf's apparent retreat from his commitment to retire as Chief of the Army by December 2004. This is consistent with reports suggesting that the resignation of Prime Minster Mir Zafrullah Khan Jamali in June, was a move to consolidate President Musharraf's hold on power. Government intimidation of opposition leaders was reported during the subsequent prime ministerial election of Shaukat Aziz, a close ally of President Musharraf. CHRI calls on CMAG to reiterate to Pakistan the importance placed in the Commonwealth of civilian government and encourage the President to keep his commitment to the people of Pakistan.

CHRI reminds CMAG that given Pakistan's readmittance - despite on-going concerns about the country's adherence to the Harare Declaration and other international human rights instruments - the Commonwealth is strongly obligated to closely monitor democratic development and human rights in Pakistan. Continued reports of abuses, as mentioned above, suggest that the Commonwealth could be doing more to apply pressure on the Government of Pakistan.

Maldives

CHRI brings to the attention of CMAG the lack of democracy, rule of law and respect for human rights in the Maldives, a situation that clearly contravenes the Harare Principles.

In particular, we draw attention to recent events in Male', the capital of the Maldives. On 13 August, 5,000 - 10,000 people gathered peacefully outside the national police head quarters demanding the release of political detainees and democratic change. In response, the government used police force to disperse activists and has declared a state of emergency. Around two hundred pro-democracy activists have been arrested, including high-profile members of the Special Majlis (citizens assembly). There are concerns for the health and safety of those detained amidst reports of beatings and torture. At the time of writing some of those arrested remained incommunicado.

The declaration of a state of emergency, including the detention of anti-government activists, is consistent with the behavior of the government to stifle any opposition to President Mr Maumoon Abdul Gayoom's 26-year rule. Consistent and continued violations of the Harare Principles have developed over this period and have included: 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.

Freedom of association and political rights: While the Constitution of the Maldives allows for peaceful assembly and the formation of associations, the government regulates the registration of clubs and other private associations and officially discourages the formation of political parties. This has led to violations of people's right to associate. Prisoners of conscience have been documented since 1996 and are reportedly held for long periods, without charge or trial. For example, Member of Parliament Abdullah Shakir was arrested in July 2001 for signing a petition sent to the Minister of Home Affairs to request permission to set up the Maldivian Democratic Party (MDP). The President refused to register the MDP as a political association, despite meeting all other requirements as constituted by Maldivian law. The MDP now operates in exile in Sri Lanka and there are no political parties in the country. Also of concern, a parliamentary session scheduled for August, to discuss proposed constitutional reforms, has been suspended indefinitely under the current state of emergency.

Freedom of expression: The Government has frequently sighted public order and national security reasons in imposing restrictions on media and civil society activity. Independent media outlets are subject to strict regulation and registration requirements and reportedly practice self-censorship to avoid criticism of the government. In March 2003, the Government revoked twenty two publication licenses. Currently there are three daily papers, one radio station and one TV station - all government controlled. In 2003, Mohamed Zaki, Ibrahim Luthfee and Ahmed Didi were given life imprisonment and Fathumath Nisreen given ten years sentence for working on an electronic newsletter critical of the government. Amnesty International considers them to be prisoners of conscience. The government restricts online access and under the current state of emergency has cut all internet connectivity to the country.

Rule of Law: The Constitution does not provide judiciary independence and is subject to strong executive influence by the President. This includes the appointment and dismissal of Judges and the power to order a second hearing or to overturn the Court's decision. The law prohibits arbitrary detention and the use of torture, however reports, including those by Amnesty International, indicate that security services routinely apply these methods with tacit government approval. Reports of arbitrary detention and torture apply to high profile prisoners of conscious as well as ordinary citizens reportedly detained without charge and accused of crimes without due process. It is reported that torture and beatings are used to extract confessions. It is further reported that political prisoners are routinely denied legal assistance and are neither informed nor given documentation pertaining to their trial. Government efforts to investigate such allegations are considered by many observers as non-independent and ineffective. Cases include that of Ibrahim Luthfee: after his imprisonment, he was reportedly handcuffed and chained for eleven days only being released for short durations to eat. His health deteriorated during this time but he didn't receive medical attention for several months. After eventually receiving medical attention in Male', the government transported him to a hospital in Sri Lanka for further medical assistance. While in hospital, Mr Luthfee escaped and sought protection by UNHCR. He has since been granted asylum in Switzerland.

Whilst such oppressive methods of governance are not new in the Maldives, public protest is a recent development. In response to mounting public pressure, particularly following riots in 2003, President Gayoom established a Human Rights Commission in December 2003 and presented an agenda for constitutional reform in June 2004. While public declarations of reform are positive, recent events suggest such moves are not a serious attempt at reform.

CHRI expresses its concern at the ongoing human rights violations in the Maldives, as expressed above, and points out that these incidents are indicative of broader, ongoing problems, which clearly violate the Harare Principles. CHRI emphasises that membership of the Commonwealth is reliant on acceptance of these Principles - including that of a functioning democracy, respect for human rights and the rule of law. For the Maldives to remain a member of the Commonwealth, it must immediately stop such actions and implement the promised reforms.

Such ongoing and serious violations of the Harare Principles requires CMAG's close attention. CHRI urges the Commonwealth to condemn the government's response to the 13 August protest and to place the Maldives, as a matter of priority, onto the CMAG agenda. Further, 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 further deteriorate.

Zimbabwe

There has been continued deterioration in the situation in Zimbabwe since CHRI's last submissions to CMAG. These violations include continued oppression of the media and abuses of the right to freedom of expression and violations of the right to associate. This was most apparent during the Lupane District elections in May this year, where it was reported such methods were used to subvert the election in favor of the Zimbabwe African National Union Popular Front (ZANU-PF).

Of concern are recent moves by the Zimbabwe government to introduce legislation (the Non-Governmental Organisation Bill) aimed at restricting civil society's involvement in the parliamentary elections. The Bill seeks to ban foreign funding and support to NGOs engaged in governance and human rights related activities. Should this legislation pass, Commonwealth attempts to maintain engagement with Zimbabwe civil society could be severely hampered.

CHRI is particularly concerned by reports that the Zimbabwe government has halted the importation of international food aid and is relying solely on the government's Grain Marketing Board for the supply and distribution of subsidised maize. Coupled with the Zimbabwe government's inflated estimates of this years harvest, and refusal to provide data to support such a decision at a time of impending food shortages, this can only be interpreted as a move by the government to use targeted food aid as means of securing political support in the lead up to elections.

CHRI calls on Commonwealth members to apply bilateral and multilateral pressure on Zimbabwe, to reveal the basis for its 2004 crop-yield estimate, the size of its strategic grain reserve and the details of the government's Grain Marketing Board's operations in food distribution and assistance.

On-going political violence and intimidation means that, without immediate action from the international community particularly Commonwealth members in the region, the elections of March 2005 will not be free and fair.

CHRI calls on the Commonwealth to dialogue with other international partners, particularly NEPAD and the United Nations, about the need to maintain international pressure on the Zimbabwean regime. The Commonwealth must support and protect civil society in Zimbabwe: this could be effectively done through support for the efforts of the Commonwealth professional organisations and NGOs that remain active in Zimbabwe.

Future CMAG activity

CHRI welcomes Point11 of the Concluding Statement of the 23rd Meeting of the Commonwealth Ministerial Action Group: "CMAG agreed to consider proposals from the Secretary-General on options for future CMAG activity, consistent with its mandate, at its next meeting."

CHRI has been a keen supporter of CMAG since its establishment in 1995, and over that time has engaged with and made recommendations to CMAG regarding the human rights situation in Commonwealth countries as well as on the workings of the Group. It is therefore positive to note that CMAG itself recognizes the value and need for considering future activities.

The Commonwealth is proud of its reputation as a leader in the promotion and implementation of human rights - particularly following the establishment of CMAG and the suspension of a civilian government in Zimbabwe - yet its institutional capacity has yet to match its intentions. CMAG is an important mechanism for the protection of human rights and its role must be enhanced and strengthened in order for the Commonwealth to better make its founding principles reality in the lives of Commonwealth citizens.

CHRI recommends that:

CMAG fulfill its entire mandate: CMAG's mandate is to "deal with serious or persistent violations of the principles contained in that [the Harare] Declaration". CHRI has previously expressed concern that this had been interpreted too narrowly to focus particularly on the un-constitutional overthrow of governments. CHRI welcomes that CMAG now has a wider brief, but believes that this has not been expanded enough to properly fulfill its mandate. CMAG is more than just a democracy watchdog and its work must reflect this.

The Commonwealth has consistently argued that it has a holistic view of human rights and that all must be protected and promoted and yet CMAG, one of the most important mechanisms for protecting human rights as articulated in the Harare Declaration, has an outdated focus on political and civil rights at the expense of economic, cultural and social rights. This is particularly concerning when considering the levels of poverty in the Commonwealth, a clear denial of the human rights of the people of the Commonwealth.

CHRI recommends that CMAG expand its current narrow focus to ensure that it covers serious or persistent violations of all the principles contained in the Harare Declaration.

CMAG's human rights and investigations capacity be enhanced: CMAG members may not necessarily have detailed knowledge of human rights, even though human rights are at the core of the Harare Principles. Therefore a mechanism needs to be in place to ensure they have access to the relevant, up-to-date human rights information on which to base their discussions.

It is also essential that CMAG's deliberations and decisions benefit from systematic and thorough investigations. Considering the demands on the time of CMAG members, they are naturally unable to conduct such detailed investigations themselves. Therefore, CHRI offers two suggestions:

Commonwealth Human Rights Commissioner: CHRI recommends that the position of Commonwealth Human Rights Commission or Commissioner be established as an independent body to investigate alleged human rights violations. This office - as well as having a broader role in the promotion and protection of all human rights in the Commonwealth - could directly assist CMAG by providing a high-level human rights perspective such as: providing advice on international standards and the commonalities which underpin today's Commonwealth; undertaking fact-finding missions; and provide advice or adjudication on member country suspensions. This would enable CMAG to base its decisions and recommendations on independent reports by a respected Commonwealth body.

Human Rights Adviser: While not having as far-reaching a role on human rights in the Commonwealth as a Human Rights Commissioner, the position of a Human Rights Adviser to CMAG would enhance the capacity of CMAG to deal with the complex human rights it faces. Such an Adviser would provide advice to CMAG meetings on the human rights situation in countries on their agenda, on serious situations in member countries which could lead to them be including on CMAG's agenda for breaching the Harare Principles and progress in member countries where suspension has been lifted.

CMAG investigate prospective members of the Commonwealth: Since CMAG is mandated to ensure compliance with the Harare Principles, it is in a good position to also rigorously investigate the human rights record of prospective member countries. This would assist in bringing to life the rules adopted at the Edinburgh summit in 1997, which require governments to conform to the Harare Principles before they join the Commonwealth.

CMAG use its partners more effectively: CMAG is not making enough use of two of the Commonwealth's greatest strengths - its media and its civil society. Media interest can help to realise CMAG's objectives, and inform Commonwealth citizens of what is being done on their behalf. To spread awareness of CMAG's work there should be more consideration of where it meets: although for logistical reasons some meetings may continue to be in London or New York, at least one each year should be held in the capital of another Foreign Minister who serves on the Group.

It is important too that CMAG remember the potential of non-governmental inputs, especially in preventing crises from worsening. CMAG should invite evidence from civil society organisations on particular countries or topics, publicly issue the dates of its meetings well in advance, and be more ready to call for oral presentations. In certain cases civil society organisations could collect information on CMAG's behalf. By involving civil society in their work, CMAG would not only benefit from their experience, but would provide a living example of the Commonwealth's commitment to facilitating collaboration between the official and unofficial Commonwealth.