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About The Commonwealth
The Commonwealth is a voluntary association of 54 countries. The modern Commonwealth came into being in 1949 when Commonwealth Prime Ministers met and adopted what has become known as the 'London Declaration', where it was agreed that all member countries would be "freely and equally associated". The association’s values of human rights, democracy, freedom, peace, the rule of law and opportunity for all unite its members. These values were agreed and set down by all Commonwealth Heads of Governments in their biennial meeting (known as CHOGM) in Singapore in 1971, consolidated twenty years later in 1991 at Harare and reaffirmed in 2009 at Trinidad and Tobago.
The Commonwealth Heads of Government Meeting (CHOGM) is held every two years for Commonwealth leaders to meet and discuss global and Commonwealth issues, and agree on collective policies and initiatives. CHOGMs act as the principal policy and decision-making forum to guide the strategic direction of the association. The theme for CHOGM 2011 is "Building global resilience building national resilience", This theme will guide the agenda and discussions in parallel forums drawing attention to challenges of food security sustainable development and natural resource management. It will be held in Perth, Australia from 28 to 30 October 2011 and seeks to bring together leaders from all 54 Commonwealth nations. About 3,000 delegates, as well as representatives from the media, civil society and national human rights institutions, are expected to attend.
As such, CHOGM is a major target of CHRI's advocacy work. It provides an opportunity to advocate for the Commonwealth so that it meets its own human rights commitments.
Through its biennial reports to CHOGM, CHRI continually draws attention to human rights progress and setbacks in the Commonwealth. CHRI also organises meetings and events on human rights issues in the Commonwealth in the periphery of CHOGM.
The Commonwealth Heads of Government Meeting (CHOGM) is held every two years for Commonwealth leaders to meet and discuss global and Commonwealth issues, and agree on collective policies and initiatives. CHOGMs act as the principal policy and decision-making forum to guide the strategic direction of the association. The theme for CHOGM 2011 is "Building global resilience, building national resilience". This theme will guide the agenda and discussions in parallel forums drawing attention to challenges of food security, sustainable development and natural resource management. It will be held in Perth, Australia from 28 to 30 October 2011 and seeks to bring together leaders from all 54 Commonwealth nations. About 3,000 delegates, as well as representatives from the media, civil society and national human rights institutions, are expected to attend.
As such, CHOGM is a major target of CHRI's advocacy work. It provides an opportunity to advocate for the Commonwealth so that it meets its own human rights commitments.
Through its biennial reports to CHOGM, CHRI continually draws attention to human rights progress and setbacks in the Commonwealth. CHRI also organises meetings and events on human rights issues in the Commonwealth in the periphery of CHOGM.
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CHRI has released its 2011 CHOGM report, 'A Partnership for Human Rights: Civil Society and National Human Rights Institutions', which focuses on the relationship between civil society and Commonwealth NHRIs. The report illustrates that a strong partnership is a keystone for the effective protection and promotion of human rights, and heralded by international standards and best practice.
The Commonwealth is now home to over 30 national human rights institutions (NHRIs) and countless civil society actors working to further human rights. All share the same goal – to promote and protect human rights – yet, for myriad reasons, they often refrain from working together. The report makes the assertion that obstacles to developing good working relationships between Commonwealth NHRIs and civil society must be overcome. It demonstrates how collaboration and consultation have proven to be mutually enhancing and calls on the Commonwealth to become a champion of NHRI-civil society engagement.
 
The Commonwealth has often been at the forefront in recognising and calling for human rights and democracy, yet it lags behind in the systematic implementation of any of these norms, both within the organisation and in member states.
In recent years, the Commonwealth has not only abandoned global leadership roles on human rights issues but it has also abandoned its outspoken strong positions in favour of a mute, backdoor diplomacy role that allows countries to violate fundamental human rights values of the Commonwealth with impunity. The official Commonwealth remains one of the most closed organisations in the world with very little transparency and space for civil society participation.
Prior to the 2009 CHOGM, many of these concerns found expression in criticisms which said that the Commonwealth is not relevant to its people. Following such widespread concern and criticism, the 2009 CHOGM called for a series of reform initiatives, including the formation of a Commonwealth Eminent Persons Group (EPG) to look into ways in which the Commonwealth could change for better. Another initiative took the form of a self-review by the Commonwealth Ministerial Action Group (CMAG) so that it can implement its mandate to the fullest remit. In addition, Heads of Government also asked for a series of administrative changes in the way the Commonwealth Secretariat functions.
EPG
The Eminent Persons Group, established at the 2009 CHOGM, has been tasked with developing options for reform to sharpen the impact, strengthen the networks and raise the profile of the Commonwealth. The Group is composed of:
- Dr. Emmanuel O. Akwetey (Ghana)
- Tun Abdullah Ahmad Badawi (Malaysia, Chairperson)
- Ms Patricia Francis (Jamaica)
- Dr Asma Jahangir (Pakistan)
- Mr Samuel Kavuma (Uganda) – (Commonwealth Youth Caucus)
- The Hon Michael Kirby (Australia)
- Dr Graca Machel (Mozambique)
- Rt Hon Sir Malcolm Rifkind (UK)
- Sir Ronald Sanders (Guyana)
- Senator Hugh Segal (Canada)
- Sir Ieremia Tabai (Kiribati)
The EPG prepared its report with input from Commonwealth civil society groups and in May 2011 released a draft outline of its reports for public feedback. After receiving feedback, they have now passed on their final report to Heads of Governments. Official Commonwealth has chosen to keep the report confidential for the time being.
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CMAG's Self Review
At the 1995 CHOGM, the Millbrook Action Plan was created to guide the Commonwealth in its implementation of the 1991 Harare Declaration. This action plan gave rise to the CMAG – a body made up of nine rotating Commonwealth Foreign Ministers – which was mandated with the power to suspend or expel Commonwealth member states that repeatedly or seriously violate the fundamental political values of the Commonwealth – which include human rights and democracy. However, CMAG has consistently interpreted its mandate narrowly to apply only to unconstitutional overthrow of government. At the 2009 CHOGM, CMAG was asked by Heads of State to review itself in order to be able to fully implement its mandate and its report has now been sent to the Heads of Governments. The final report is not public and CMAG’s review was conducted in a closed manner. After demands by Commonwealth civil society groups, they were given one opportunity to send written submissions, but beyond this there has been no attempt to engage with civil society during this self-review.
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Lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, communities and support groups have a long history of campaigning for their rights to freedom of expression, equality and justice. Despite recent progressive movements in some countries, LGBTI communities in many Commonwealth countries still face criminalisation, discrimination, harassment and violence.
Out of the 54 Commonwealth states, 41 continue to persecute consensual adult same-sex sexual activity through laws that criminalise same-sex sexual conduct. The majority of these laws originate in outdated British colonial laws. Recent years have witnessed increased advocacy by civil society in Commonwealth states and vis-à-vis Commonwealth institutions on this issue. CHRI works to increase cooperation so that civil society actors can share information and identify possible solutions for redressing current rights violations and the ongoing hostility towards the LGBTI community as well as LGBTI human rights defenders.
On 15 August 2011, CHRI facilitated a conference where a statement was devised by LGBTI Rights Activists working across the Commonwealth for the decriminalization of same-sex sexual conduct in all Commonwealth countries. The statement focuses on the incompatibility of criminalisation for same-sex sexual conduct with Commonwealth values as stated in the 2009 Port of Spain Affirmation of Commonwealth Values and Principles as well as other declarations (1979 Lusaka Declaration, 1991 Harare Declaration) that have been implemented and ratified by most Commonwealth countries. CHRI calls on all Commonwealth member states to decriminalise private, same-sex sexual activities between consenting adults by enforcing existing laws and implementing new legislation to protect LGBTI individuals from discrimination, harassment and violence. The Commonwealth Secretary-General should make an official statement on this issue and the Secretariat should facilitate the creation of an official independent working group tasked with making official biennial reports into the status of decriminalisation in the Commonwealth. States that have decriminalised same-sex sexual conduct should provide effective international protection for LGBTI refugees from countries where they may be persecuted and take the lead in advocating for decriminalisation in the Commonwealth and other international forums.
Civil society statement of action on the decriminalisation of adult same sex conduct in the Commonwealth
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