The Progressive Development
of Human Rights Standards at CHOGM
- Alison Duxbury
Senior Lecturer, Faculty of Law, University of Melbourne
It is now one
year since the Commonwealth's main decision-making body, the Commonwealth
Heads of Government Meeting (CHOGM), met in Nigeria and it is
the same period of time again until it will meet in Malta. Over
the years, the communiqués issued at the conclusion of
each CHOGM have demonstrated discussion of a diverse range of
subjects, such as Southern Africa, the environment, AIDS, economic
cooperation, small states, and light weapons. In addition, the
Heads of Government have progressively elaborated upon the standards
that they believe that member states should uphold. The outcomes
of the last meeting, including the human rights issues raised
in the governmental statements and the action taken against Zimbabwe,
were discussed in the Spring 2004 edition of CHRI News. This article
will take a step back and review the way in which the adoption
of human rights principles has evolved at CHOGMs since 1971. While
this article concentrates on the standards adopted at CHOGM, this
is not meant to underestimate the importance of statements made
in other official Commonwealth meetings, or indeed the work of
the Commonwealth Secretariat and non-governmental organisations.
But when it comes to giving a public face to the expression of
Commonwealth values, it is to the statements of the biennial meetings
that we turn.
The Singapore
Declaration of 1971 is regarded as the first articulation of a
Commonwealth human rights policy by the Heads of Government. But
when reading the Singapore Declaration it is important to recall
the limitations within which the Commonwealth must act, set down
only six years previously in the Agreed Memorandum on the Commonwealth
Secretariat. Thus, the Agreed Memorandum states that the Commonwealth
"does not encroach on the sovereignty of the individual members",
nor does it require members to reach collective decisions. These
limitations have provided a brake (albeit a progressively less
significant one) on the development of a human rights programme
by the organisation.
The Singapore
Declaration refers to a wide range of standards, but concentrates
on two fundamental principles: first, freedom from discrimination,
and secondly, the importance of democratic political processes
and representative institutions. In language uncharacteristically
passionate for a document adopted by states in an international
forum, the Heads of Government in Singapore declared that "racial
prejudice" was a "dangerous sickness" and racial
discrimination, "an unmitigated evil of society".
more...