CHRF 2007: Concluding Statement and Recommendations

The third Commonwealth Human Rights Forum was organised on 19 and 20 November 2007 in Kampala, Uganda. The meeting brought together human rights activists and civil society actors from all over the Commonwealth. After two days of deliberations, participants circulated a concluding statement and recommendations which is printed below.

We, the members of civil society and representatives of peoples’ organisations in the Commonwealth at the Commonwealth Human Rights Forum, from 19 to 20 November 2007, in Uganda:

Recognise that human rights, democracy, good governance and the rule of law remain of central importance to the Commonwealth, as set out in the Harare Declaration.

Recognise that an enabling environment is required, at both the national level and Commonwealth level, in order to achieve full civil society participation within the Commonwealth.

Reaffirm that the Commonwealth has committed itself to pursuing democratic governance.

Express deep concern that within the Commonwealth, women, children, persons with disabilities, indigenous peoples and other vulnerable and minority groups continue to face discrimination, harassment and other human rights violations.

Note with grave concern the tendency in the Commonwealth countries to restrict civil society space, democratic rights, freedom of expression, particularly the media and the right to dissent and the targeting of Human Rights Defenders accompanied by extreme impunity by State actors all of which are reducing the commitment of Commonwealth States to the promotion, protection, and realizing of human rights in the association.

Express concern about the increase in cases of disappearance, occurrence of internal displacement, and the killing of innocent persons, as Commonwealth governments continue to fail to live up to their human rights commitments and, in not doing so, fail to transform societies for the realisation of people’s potential.

Note that an increasing number of countries have promulgated repressive legislation and taken administrative steps under the pretext of counter-terrorism measures in breach of established Human Rights instruments.

Recognise the need, given the current global climate of counter terrorism and resultant increase in police powers, for the development of standards and monitoring of Commonwealth police practices.

Affirm that a pan-Commonwealth approach is the most efficient and effective way to assist member states improve the quality of their policing, and ensure effective democracy and development.

Concerned that civil society is still struggling for space in many Commonwealth countries.

Urge the Commonwealth Heads of Government to consider the following recommendations:

Recommendations

Protection Rights and Mechanisms for Compliance

1. An Expert Group on Policing should be established to develop best practice guidelines on all aspects of policing, training and in order to monitor police practices across the Commonwealth.

2. Commonwealth governments must comply with past human rights commitments and, in order to ensure such compliance, establish a formal mechanism to monitor compliance with such commitments.

3. The Commonwealth Ministerial Action Group (CMAG) should devise a formal system for consulting with civil society.

4. Commonwealth governments should establish a Commonwealth mechanism for the protection of human rights defenders.

5. Ensuring that the procedure the UNHRC adopts for Universal Peer Review should be independent and meaningful, with appropriate participation of experts (and not merely by other member states); and that the process should be preceded by some discussions at the national level and the participation of civil society - Commonwealth members should fully implement their pledges and commitments to the promotion and protection of human rights at the UN Human Rights Council, including making decisions consistent with human rights values.

Human Rights Obligations

6. Commonwealth governments should work actively to ensure the adoption of and effective implementation of Access to Information laws in order to enable democratic participation.

7. Commonwealth governments should note the state of vulnerable and minority groups (with special reference to women, children, victims, refugees and people with disabilities) within the Commonwealth and, in doing so, encourage all Commonwealth governments to ratify conventions for the protection of such groups.

Election Observation

8. Commonwealth governments should revisit the Commonwealth’s election monitoring role, including the examination of ways to strengthen such a role via civil society consultations.

Enabling Rights Framework

9. Commonwealth governments must ensure the independence of National Human Rights Institutions, and accord them due recognition including adequate resources, ensuring strict conformity with the Paris Principles.

10. Commonwealth governments should work to develop Commonwealth best practices around freedom of information.

Civil Society Participation

11. The Commonwealth should uphold previous commitments to enabling space for civil society participation.

12. The Commonwealth should call on Uganda to exercise special leadership as it takes the chair of the Commonwealth to improve its human rights record including the protection of civil society space.

The state of vulnerable and/or minority groups within the Commonwealth

13. Commonwealth governments should fully recognise the rights of, or provide adequate representation to, the issues of people with disabilities.

14. Commonwealth governments should sign, ratify and implement the United Nations Convention on the Rights and Dignity of Persons with Disabilities to realise their potential.

15. Commonwealth governments should note the increasing rate at which women’s rights are violated and in doing so, fully domesticate their commitment to the CEDAW Convention, including the establishment support, and strengthening monitoring structures.

Suspended States and Non-Compliance

16. In respect to the situation in Zimbabwe, member states should take action in terms of Article B.3 (viii) of the Millbrook Plan of Action to protect and promote the fundamental political values of the Commonwealth as agreed in the Harare Declaration.

17. CMAG should suspend Pakistan from the Councils of the Commonwealth at its next meeting on 22 November 2007. CMAG should recommend that the Commonwealth Secretary General engage with Pakistan for the urgent restoration of the Constitution, lifting the emergency and separation of the two offices held by the President. The civil society organisations and other relevant organisations should extend to the people, media and non-government organisations of Pakistan full support for the restoration of democracy.

18. In relation to The Gambia, we note with grave concern the deteriorating situation in The Gambia, particularly the extra-judicial killings and or disappearances of fifty Africans in 2005, media repression, arbitrary arrests and disappearances and acts of impunity by The Gambia Government. CMAG should accordingly, as a matter of urgency, investigate the human rights situation in The Gambia.

19. Commonwealth governments should recommend that CMAG remain seized with the situation in Fiji and engage with all political parties to ensure early elections and the restoration of the independence of the judiciary and fundamental freedoms.

Affirming that there has been a serious decline in the human rights situations and contexts within the Commonwealth, we the participants of the Commonwealth Human Rights Forum, encourage Heads of Government to give careful consideration to the recommendations provided herein.