Commonwealth Human Rights Initiative
CHRI Home   Contact Us
Volume 14 Number 4
New Delhi, Winter 2007
Newsletter   

Rough days follow the Kampala summit

Derek Ingram
Member of CHRI's Executive Committee, UK

The summit in Uganda turned out to be the curtain-raiser to weeks of political upheaval in parts of Commonwealth Asia and Africa. On the eve of its opening on 23 November the Commonwealth Ministerial Action Group (CMAG) of nine foreign ministers suspended Pakistan from the councils of the Commonwealth for a second time because President Pervez Musharraf had still not stepped down as army chief as he had three times promised the Commonwealth and the Secretary-General personally - he would do.

In fact, Musharraf did take off his uniform a few days later, but to retain its credibility the Commonwealth had to act when it did. In any case, the sacked and detained judges were not restored. The CMAG meeting proved difficult because Sri Lanka, and to a lesser extent Malaysia, was opposed to the re-suspension. Then, only days after the Commonwealth Heads of Government Meeting (CHOGM) came first the assassination of Benazir Bhutto and then in December the tight elections in Kenya that led to a sudden and unexpected eruption of bloodshed there.

CHOGM itself passed off well, despite months of anxiety about the controversial venue. President Yoweri Museveni does not have an altogether clean human rights or democratic record. Nine opposition leaders had been held on treason charges during the last elections and remained so even while CHOGM was held.

In terms of results it was a useful, if not groundbreaking, meeting. It marked a changing of the guard with the election of Indian diplomat Kamalesh Sharma to succeed New Zealand politician Don McKinnon as Secretary-General on 1 April. And it was notable for the launch of two important reports.

The first, Civil Paths to Peace, came from the Commonwealth Commission on Respect and Understanding, which was chaired by Nobel laureate Amartya Sen. It is one of the best documents the Commonwealth has produced, dealing with the most pressing social problems of our day – group-based violence and its impact on communities – and looks at the cause of conflict and extremism.

The report recommends new forms of political participation, an emphasis on non-sectarian, non-parochial education that expands rather than reduces the reach of understanding, and greater support of young people – half the Commonwealth’s two billion citizens.

The last section sets out briefly and clearly the way in which the Commonwealth has been a major and influential international player over the last several decades – a role much underestimated in member countries and the wider world, partly because of the failure of its own public relations effort and the leaders’ reluctance and inability to articulate its achievements. This is a matter Sharma needs urgently to address when he takes over.

The second report deals with the future membership of the Commonwealth, which now stands at 53 countries with several more to knocking on the door to join. The criteria for membership had long needed further clarification.

Some countries aspiring to belong have no historical or constitutional connection with existing members. Most immediate is the application of Rwanda, once a German and then a Belgian colony.

The Committee, headed by former prime minister P.J. Patterson, favours only a moderate increase in membership and the CHOGM was even more conservative. In no way are the floodgates to be opened, which could lead to the development of a mini-UN. However, the report does provide for exceptions which “should be considered on a case-by-case basis.”

Applicant countries must be committed to, inter alia, democracy, free and fair elections, the rule of law and an independent judiciary, protection of human rights, freedom of expression and equality of opportunity.

Only Rwanda has an application actually on the table. Its President, Paul Kagame, was a so-called Special Guest in Kampala and host Museveni was hoping that Rwanda might be admitted on the nod, but that was not going to happen. Its qualifications will now have to be vetted and the next summit in Trinidad and Tobago in 2009 will decide. The UK for one is keen for Rwanda to join, but question marks are bound to arise over the quality of its democracy and human rights. A precedent was set in 1995 when former Portuguese colony Mozambique, a neighbour of Rwanda, was admitted as ‘a special case’ and it has to be said that it has proved an admirable Commonwealth member.

One recommendation made by the membership commission was that CHOGMs should revert to a full three days’ duration. The length of the summit has been whittled down over the years and apart from one executive session the whole two-and-a-half day meeting is now held in Retreat. However, from 2005 the summit is preceded by a two-day foreign ministers meeting, which saves the Heads time spent dealing with the more routine matters.

The Retreat is the great Commonwealth pioneering success story. It is at these informal meetings of Heads without officials in a secluded venue where the real business is done, with leaders getting to know each other on first-name terms and where the use of a single language comes into its own.

In these high pressure days international summits are inevitably short, but the Commonwealth now scores by the huge expansion and involvement of civil society and its meetings extending over more than two weeks. In Kampala 1,500 people and 600 organisations took part in 20 workshops. In addition, something like 10,000 Ugandans visited the so-called People’s Space where exhibitions and displays were held.

All this means that the total CHOGM happening is spread over nearly as long as its antecedents, the Commonwealth Prime Ministers Meetings. The first of these, in 1944, lasted 15 days, but only five leaders were then involved. The total CHOGM event in Uganda beginning with the Youth Forum on 14 November ran till 25 November. The question is arising again, however, whether the timing of this huge civil society effort is right. To make the maximum impact on governments should it be held alongside the biennial summit or should it take place in the year between? After all, the object of the exercise is to influence the leaders, but there is no way they can access them personally at that time and in any case it is much too late to affect any decisions they might take at the CHOGM. NGOs do now have a half-day session with the foreign ministers after the ministers own meeting, and that is developing into a useful encounter. But it cannot influence the Heads who by then are already in the middle of their summit.

Would it be more productive if civil society held its meetings in the summit venue a year beforehand, giving them ample time to feed their ideas to the Heads?

Such an occasion would also give the Commonwealth itself a separate focus for publicity within and beyond the country where the summit is to take place and well ahead of it. As it is, the huge civil society effort gets little attention outside the media of the host country because it is overshadowed by the immediate glamour and newsworthiness of the Heads’ meeting.

CHOGM 2007: The Foreign Ministers Meeting

Lucy Mathieson
- Coordinator, Advocacy Programme, CHRI

The fourth Commonwealth Heads of Government Meeting (CHOGM), hosted in Kampala, Uganda, came to a close at the end of November 2007. Prior to the 2007 CHOGM, civil society groups had the opportunity to meet, bring issues forward and draft a civil society Communique through the Commonwealth Peoples Forum (CPF). A Communique/Statement focused on human rights, drafted from the concluding statements of the Commonwealth Human Rights Forum, was also appended to the CPF Communique.

As one might expect, the usual issues were bought forward via the civil society mechanism – amongst other things, poverty, the Millennium Development Goals, climate change, education, health, HIV and AIDS, recommendations for the Commonwealth Ministerial Action Group (CMAG), good governance, gender, work, children and human rights protection and compliance. However, the reality of the presentation of, and reception towards, the civil society Communique during the Foreign Ministers Meeting, was somewhat disappointing – with what could be deemed to be the political tradition of cautious and token bureaucratic gestures. And, as many civil society members departed, some wondered whether their well-orchestrated endeavours would yield benefit.

The Foreign Ministers Meeting had been intended for civil society members to advance advocacy points that had resulted in the development of the CPF Communique to our Commonwealth foreign ministers. His Royal Highness, The Prince of Wales, made an appearance and heard the presentation from the representatives of the Youth Forum. However, in the end, only two or three of the represented thematic areas of the CPF had the opportunity to present their recommendations – the Youth Forum, Climate Change and Human Rights. Inevitably, many of the Foreign Ministers who did make responses to the presentations stayed the path of least resistance, offering token gestures of goodwill and understanding towards the youth representatives, focusing upon forwarding the Millennium Development Goals and stating their recognition of the need for practical solutions and clean technologies to address issues of climate change. Many civil society members left the meeting without having had the time to bring forward their recommendations. And, some of those who had been given speaking time, departed unheard. One could only wonder how such a process could be truly consultative when the Heads of Government 2007 Communique had already been finalised the previous day.

Given that governments can be seen to have a fiduciary duty to advance the interests of their citizens, one would have hoped that any consultative process would have offered more than a token gesture. Fiduciary relationships entail trust and confidence and require that fiduciaries act honestly, in good faith, and strictly in the best interests of the beneficiaries of such relationships. For civil society consultative processes to be fruitful, given that CHOGM occurs only every two years, government representatives must honour previous commitments to the inclusion of civil society consultation – and, such processes must be designed in a manner in which civil society voices will be heard, issues discussed and recommendations for Head of Government seriously considered.



 

 
CHRI Newsletter, Winter 2007


Editors: Aditi Datta, & Swati Kapoor, CHRI;
Layout:
Chenthil Paramasivam,
Web Developer: Swayam Mohanty, CHRI.
Acknowledgement: Many thanks to all contributors

Copyright Commonwealth Human Rights Initiative
www.humanrightsinitiative.org

Published by Commonwealth Human Rights Initiative, B-117, 1st Floor, Sarvodaya Enclave, New Delhi - 110017, India
Tel: +91-11-26850523, 26864678; Fax: +91-11-26864688; Email: chriall@nda.vsnl.net.in

The Commonwealth Human Rights Initiative (CHRI) is an independent international NGO mandated to ensure the practical realisation of human rights in the Commonwealth.