| Home |
| About us |
Programmes
|
| CHOGM Reports |
| What's New |
| Commonwealth and Human Rights |
| Advocacy |
| Publications |
| CHRI Events |
| CHRI in the News |
| Job Opportunities |
| Contact us |
| Links |
| Site Map |
|
Advocacy within the Commonwealth |
|||||
|
Submission of the Commonwealth Human Rights Initiative (CHRI) to the Commonwealth Ministerial Action Group's meeting, September 2005 The Commonwealth Human Rights Initiative (CHRI), as the main Commonwealth human rights NGO, is committed to providing a civil society perspective on the issues and countries considered by the Commonwealth Ministerial Action Group (CMAG). This submission covers the situation in Pakistan, the only country currently on CMAG's agenda; the Maldives, a country of great concern to CHRI; and a thematic area of concern - the state of policing in the Commonwealth. Despite the fact that sixteen months have passed since Pakistan's reinstatement to full membership of the Commonwealth, there has been little positive change in terms of human rights, democracy and good governance. On the contrary, the situation has deteriorated. This situation seems to be undermining the standards that the Commonwealth has stated are required for membership of the association. In previous submissions, CHRI has documented human rights violations in Pakistan particularly regarding violent intimidation of the media and members of civil society, as well as violence by para-military forces. We reiterate that such violations continue. One recent case involved the attack in Lahore on Asma Jahangir, the United Nations special rapporteur on freedom of religion and head of the Human Rights Commission of Pakistan. Ms. Jahangir was beaten with batons by the police and publicly humiliated. Jahangir and another 41 people, including Hina Jilani - the UN special rapporteur on human rights defenders - were arrested during the event. Recently, police in Karachi cracked down on a number of publications, raiding the offices of several newspapers, arresting four journalists and several newspaper vendors as well as confiscating copies of the publications. There is much concern that the government of Pakistan may be using fears over religious and sectarian extremism to pressure newspapers and curb freedom of the press. Arbitrary arrests and disappearances in the name of the 'war on terror' are frequent. The Anti Terrorism Act (ATA) was amended to provide for life-imprisonment for supporters of terrorists - however the ATA seems to be abused by the Government, resulting in many disappearances, arrests without trial and cases of torture. There are even reports of a six-year-old girl being held in prison under the Terrorism Act. Of major concern is the lack of democratic governance in Pakistan. A restoration of democracy involving a full shift from military to civilian governance has not yet occurred; on the contrary, the role of military in governance has actually been strengthened and institutionalised. There has also been the case of at least one para-military group which has been made into a serious political force by President Musharraf and which is backed by the military - thus further strengthening the military control of the government. The recent local council elections were described by the opposition as the "most violent and most blatantly rigged" in Pakistan's electoral history. More than 40 people died in the two phases of the polls, amid widespread allegations of rigging and other malpractices both at pre-poll stage as well as on the polling day itself. One positive aspect was that the Chief Election Commissioner cancelled the polls results in areas where women were not allowed to vote. The opposition have expressed a complete lack of confidence in the ability of President Musharraf's government to hold free, fair and impartial elections. Some have also expressed their intention to boycott any further elections under the government of Musharraf. This political situation is particularly of concern considering the Commonwealth's commitment to democratic, civilian governance and that Pakistan's reinstatement to the Commonwealth was on the basis of progress made in restoring democracy and rebuilding democratic institutions. CHRI
calls on CMAG to strongly indicate to the Pakistan authorities that
further delays in restoring democracy and continued disregard for
universal principles of human rights and the rule of law would lead
to re-suspension of Pakistan from the councils of the Commonwealth. CHRI wishes to draw CMAG's attention again to the Maldives, due to continued violations of human rights and disregard for the principles of participatory democratic governance and the rule of law. We are pleased to note President Gayoom's public commitments to reform, and the Commonwealth's provision of technical assistance. The Commonwealth needs to publicly state its intention to closely monitor these reforms as international scrutiny, as well as support, is essential in better ensuring that reforms become reality within the stipulated timeframe. However, despite President Gayoom's promises of goodwill, violations of the Harare Principles continue. Though the Maldivian government has taken a positive step forward in allowing the registration of political parties, this has been undermined by recent events such as the arrests, particularly targeting members of the main opposition party, which took place during peaceful demonstrations. We are concerned by reports of human rights violations, including the use of violence, against those arrested. We urge that those arrested and charged are given a fair trial - particularly considering the implications which these trials will have on the political future of the country. We are encouraged by the permission granted to the International Commission of Jurists (ICJ) to observe the trials and hope that trials are serious, fair and impartial. Anything less than the highest standards of impartiality and fairness by the judiciary towards members of the opposition would eliminate any credibility of the government regarding their claims for striving to achieve democracy. Other concerns relate to harassment of the free press, particularly when the government's actions are criticised; and restrictions on civil society through delays in registering human rights NGOs. We must also express our apprehension for the Human Rights Commission Act ratified on August 18th. While it is positive that efforts have been made to make the Maldives Human Rights Commission a statutory body, concerns have been raised that the Act does not conform to the Paris Principles (the foundation and reference point for the establishment and operation of national human rights institutions) and may in effect diminish the authority and credibility of the Commission. We strongly recommend the inclusion of the Maldives in the Concluding Statement of the 26th Meeting of CMAG. Despite the good work being done behind the scenes by the Commonwealth Secretariat in providing assistance to the Maldives, we find it disappointing that the Commonwealth has not yet issued a public statement condemning negative events going on in the country. A clear and strong statement by CMAG would send a message to the Maldivian administration and other Commonwealth nations that actions that violate the Harare Principles are unacceptable and will not be overlooked by the Commonwealth. Continued silence implies acceptance and risks damaging the Commonwealth's reputation for membership being dependent on the principles of democracy and human rights articulated in the Harare Declaration. While Zimbabwe has left the Commonwealth, CHRI wishes to draw CMAG's attention to the deteriorating human rights and political situation. The decision to withdraw from the Commonwealth was taken by an undemocratically-elected government and Zimbabwe may return to the Commonwealth once a democracy is reinstated. CHRI condemns 'operation clean up' - a housing demolition operation by the Zimbabwean government aimed predominantly at opposition-oriented communities - which has made over 700,000 people homeless or jobless. A further 2.4 million people are calculated to have been affected. UN officials have confirmed that demolitions continue in Eastern Zimbabwe despite claims by the government that these have ended. Among the people evicted are a large number of women with HIV/AIDS, widows, children with disabilities and HIV/AIDS orphans. Starvation deaths have also increased. The Constitutional Amendment (No.17) Bill was passed in the Zimbabwean Parliament on 30th August 2005. The Bill includes derogations to the right to freedom of movement as well as amendments to the protection of property giving the government more power at the expense of the citizen. This Bill is a further indication of the Zimbabwean government's lack of respect for the principle of constitutionalism and the rule of law as well as its disregard for the protection of fundamental human rights and the need by the state to adhere to minimum human rights norms. CHRI calls on the Commonwealth to speak out in favour of democracy and human rights in Zimbabwe and to engage with civil society groups in Zimbabwe and the Zimbabwean diaspora. Policing in the Commonwealth Membership of the Commonwealth requires states to uphold democracy and respect human rights principles, in line with the core Commonwealth values as stated in the Commonwealth Harare Declaration. All 53 member countries are expected to reflect and promote these ideals that are fundamental to the very existence of the association. Clearly, fulfilling these high hopes requires the state and all its institutions - including the police - to uphold and entrench these guiding principles and values. As protectors of the rule of law, the police have a prime responsibility to create an environment in which people can exercise their rights and freedoms. Yet, repeated citations of police wrong-doing ranging from individual bad behavior to institutionalised criminality are undermining the fundamental principles of the Harare Declaration. Illegal, corrupt and coercive policing methods damage democracy, weaken the rule of law and lead to gross violations of human rights. Rising crime rates, greater perceptions of vulnerability and fear of victimisation in all parts of the Commonwealth demand improved policing. Unprecedented security concerns have created more room for heavy-handed policing methods and tighter internal security regimes. This has generated new problems in police-community relations and torn at the interface of policing, democratic values and human rights. Routine disobedience to procedural law, eroding constitutional guarantees and thereby attacking key civil and political rights, is a prevalent feature of abuse of power by the police. This includes detaining people without reasonable cause or for longer than permissible periods, without bringing them before a delegated authority, carrying out indiscriminate arrests - or even taking innocent family members hostage to coerce those wanted for questioning to turn themselves in. Police forces in Jamaica, Malaysia and Papua New Guinea have frequently been indicted for excessive use of force and the high rate of fatality in police actions. Corruption too, is impedeing police functioning in large parts of the Commonwealth. A bribe is often a prerequisite to registering a crime - or for looking away, with payments made to help "steer" investigations. Most alarmingly, regular reports from all the regions of the Commonwealth show that torture is a fairly commonplace incident of custody, used by the police as a tool to extract confessions or simply harrass individuals. Equally disturbing is the stifling by the police of legitimate political activity. This has helped ruling elites marginalise political opponents in the Maldives and topple governments in the Solomon Islands. At other times, the police have been used to silence independent voices of journalists, public protesters, or human rights defenders. The existence of bias or prejudice towards ethnic, religious or liguistic minorities is another major cause of concern. Crimes against women abound in Commonwealth countries but are too often met with a poor response, with stereotyping of women and patriarchal attitudes prejudicing the way police handle cases. Worryingly, new anti-terror laws in many Commonwealth countries give the police more procedural leeway, more powers to act on suspicion and greater subjective discretion. Sweeping powers to hold people without charge or trial, often on the basis of secret evidence, and prolonged incommunicado detention facilitates coercive and heavyhanded policing, often relying on torture. The human rights implications of these policies were recently demonstrated in London when an innocent man was killed due to unthinking application of newly adopted operating procedures. Carte blanche policies designed to deal with heightened security scenarios- such as "shoot on sight" orders for instance - can have tragic and unjust consequences. The evolution of policing in many Commonwealth countries has undoubtedly been negatively influenced by long periods of colonialism, dictatorship, apartheid, coups, internal conflicts, militarisation, politicisation and more recently, the preoccupation with terrorism. But it cannot be emphasised enough that poor policing casts a long shadow over democracy, development and the realisation of human rights. Not only does it allow crime to boom, but also diminishes national stability and prospects for development, and negatively impacts the government's legitimacy. Despite strong evidence that poor policing contributes to the notable sense of lawlessness and insecurity felt by citizens around the Commonwealth, resistance to change has been stubborn and persistent. Too many countries of the Commonwealth are yet to reform their police into an institution of governance that functions according to the Harare Principles. While good practice exists in the Commonwealth, unfortunately there appears to be a lack of political will in too many countries to ensure that this is implemented. In the Commonwealth context - where membership is premised on adherance to the Harare Principles - this is inexcusable. Now is the time for action. CHRI is committed to promoting a model of democratic policing in which the police are:
This is the model of policing that democracy demands and governments are duty bound to provide. Reforming policing across the Commonwealth requires changing and refining laws, putting in place innovative institutional arrangements, and altering the culture within police organisations. With the requisite political will and concerted efforts and cooperation between governments, police officials and civil society, such reforms are entirely achievable. Recommendation to CMAG: Citations of police misconduct - violations of human rights, excessive use of force, widespread violence, abuse of power, disobedience to law, bias, criminality, and corruption - require a strong response from governments. CHRI calls on CMAG - as the body responsible for monitoring serious or ongoing violations of the Harare Declaration - to focus sharply on the police as an important state insitution and hold governments accountable for violations of this Declaration committed by their police organisations. Additional recommendations: We would also like to draw CMAG's attention to recommendations made to other Commonwealth target groups. These include: The Commonwealth Heads of Government must: In their CHOGM communiqué:
Mandate the Commonwealth Secretariat to further better policing through:
Additionally, Commonwealth Heads of Government must:
Member countries must:
|
|||||
