CMAG Marks its 10-Year Anniversary

The opening of the 1995 Commonwealth Heads of Government Meeting (CHOGM) was a dramatic moment in Commonwealth history. The Nigerian military regime led by General Abacha had just executed writer and activist Ken Saro-Wiwa and eight others. Saro-Wiwa was a member of the Ogoni, an ethnic minority group whose lands have been targeted for oil extraction. As president of the Movement for the Survival of the Ogoni People (MOSOP), he had led a non-violent campaign against environmental damage caused by multinational oil companies. In May 1994, following the deaths of four Ogoni elders believed sympathetic to the military, he was arrested and accused of incitement to murder. Saro-Wiwa denied the charges but was imprisoned for over a year, then found guilty and sentenced to death. The internationally criticised trial was held before a specially assembled tribunal and led to the execution by hanging of Saro-Wiwa and eight other MOSOP leaders.

The news of the executions spurred Commonwealth leaders to suspend Nigeria from the councils of the Commonwealth and contributed to the birth of the Commonwealth Ministerial Action Group (CMAG). Heads of government accepted Canada and South Africa’s suggestion to put the Harare principles into practical action, and CMAG was created through the Millbrook Action Programme on the Harare Declaration. Its creation was influenced by lobbying of human rights NGOs, the execution of Ken Saro-Wiwa and the suspension of the Nigerian military dictatorship, which created a political opportunity for progress. CMAG (which is composed of eight or nine foreign ministers on a rotation basis) turned the Commonwealth into a rules-based organisation, signalling greater condemnation and monitoring of the toppling of democracy by military regimes.

CMAG’s mandate is to deal with serious or persistent violations of the Harare principles. Since its creation, CMAG has met numerous times and has sent missions to Fiji, Nigeria, Pakistan, Sierra Leone, the Solomon Islands and the Gambia. Suspensions of Fiji, the Solomon Islands and Pakistan have contributed to positive change in those countries. However, on its ten-year anniversary, many feel that CMAG could have done, and can do, much more. One concern is that CMAG’s mandate is interpreted too narrowly – focusing on the un-constitutional overthrow of governments rather than all of the Harare Principles. The composition, terms of reference and operation of CMAG are reviewed by the Heads of Government and they must ensure that CMAG expands its current narrow focus. CMAG should be more than just a democracy watchdog and should fulfil its whole mandate.

Another concern is that CMAG members may not have detailed knowledge of human rights, despite the fact that human rights are at the core of the Harare Principles. A mechanism therefore needs to be in place to ensure that they have access to credible, up-to-date human rights information and thorough investigations on which to base their discussions, even if unable to conduct such detailed investigations themselves. A Commonwealth Human Rights Commission (or Commissioner) or a Human Rights Adviser could be established as an independent body to investigate alleged violations. CMAG could then base its decisions and recommendations on independent reports by a respected Commonwealth body. A Human Rights Advisor may not have as far-reaching a role as a Human Rights Commissioner, but could still make recommendations to CMAG on the human rights situation in member countries on their agenda (or those which could be added to the agenda), and also progress in countries where suspension has been lifted. CMAG could also be assisted to rigorously investigate the human rights record of prospective member countries.

The creation of CMAG opened a new chapter in the Commonwealth’s history. It was a major step in the right direction and has brought about much good in its first ten years. There are still too many human rights violations going on unchecked in Commonwealth countries for us to sit back and be content with what has already been achieved. Ten years on, it is time for CMAG to evolve into something more complete and effective to build upon what has been learnt so far.