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Commonwealth
Human Rights Forum - Concluding statement and recommendations
Commonwealth Human Rights Forum (CHRF)
November 21, 2005
Key recommendations
- That there
should be a formal report-back to the next CHOGM on the implementation
of Heads’ commitments for human rights in Valletta
- That governments
should ensure that human rights norms are not compromised using
security as an excuse
- That the
Commonwealth Ministerial Action Group should investigate the situations
in Uganda and the Maldives, and the Commonwealth should stay engaged
with Zimbabwe
- That there
should be a Commonwealth Expert Group on the future of policing
- That the
Commonwealth should agree that all members should offer a standing
invitation to UN Rapporteurs and other UN investigators as a commitment
to transparency
Introduction
On
20th and 21st November 2005 – just prior to the Commonwealth Heads
of Government Meeting (CHOGM) on November 25th to 27th - human rights
activists from across the Commonwealth met in Valletta, Malta, for
the second Commonwealth Human Rights Forum1.
Members of human
rights non-governmental organizations, National Human Rights Institutions
and other civil society actors participated in the meeting, as well
as a representative of the Commonwealth Secretariat as observer2.
Complementing
the official CHOGM theme of "Networking the Commonwealth for
Development", participants focused on "Networking for
Human Rights" and examined the reality of space available to
civil society for human rights within member countries and the Commonwealth
as an association. Participants shared experiences and discussed
how to raise the profile of human rights within the Commonwealth
system.
Participants
of the 2005 Commonwealth Human Rights Forum:
Note that the association has always acknowledged that principles
of human rights, democracy, good governance and the rule of law
are central to the Commonwealth, as outlined in varied Commonwealth
declarations, most importantly the Harare Commonwealth Declaration.
- The Forum
was facilitated by the Commonwealth Human Rights Initiative, in
collaboration with Amnesty International Malta Group and financially
supported by the Commonwealth Foundation and British Council.
- The following
Commonwealth countries were represented at the meeting: Australia,
Bangladesh, Cameroon, Canada, Fiji, Ghana, India, Jamaica, Maldives,
Malta, Sierra Leone, Tonga, Trinidad and Tobago, Uganda, UK. Representatives
of the former Commonwealth country Zimbabwe also participated
in the meeting. Other countries were to be represented at the
meeting, however approximately 15 delegates were denied visas.
Note that the
Commonwealth has repeatedly recognized the importance of civil society
participation, and yet civil society involvement in Commonwealth
processes such as CHOGM remains limited or tokenistic.
Note that for
civil society to play its full role in human rights issues, an enabling
environment must be provided through legislation, policies and processes
by the association and its members.
Note that the
existence of democracy is not sufficient in itself for guaranteeing
human rights and space for civil society.
Note that constitutional
protection for human rights is important.
Recognise the
importance of raising awareness of human rights in Commonwealth
countries to enable the development of local ownership over these
issues; and the value of sharing human rights experiences across
the Commonwealth.
Reaffirm that
economic justice, sustainable development and the eradication of
poverty are pressing human rights issues and require a rights-based
approach with the active engagement of civil society.
Note that a
lack of information leads to a lack of accountability.
Note the importance
of an independent judiciary to the realization of human rights,
and that therefore the judiciary must be sensitized to human rights.
In addition,
participants agreed that for free and effective networking and activism
for human rights, some particular thematic areas of concern must
be considered, namely: a rights framework that ensures enjoyment
of rights that facilitate this activism; the provision of an enabling
environment through rights-friendly laws and practices; and ensuring
that the excuse of security concerns is not used to justify restrictions
on civil liberties and civil society space.
In relation
to an enabling rights framework, participants:
Recognise that
the genuine realization of a range of rights is essential for the
health of civil society, including: freedom of association, assembly,
expression and information.
Note that all
government policies must conform to international and national human
rights standards.
Note that as
well as an enabling legislative framework to provide space for civil
society, the broader environment must be conducive to the full enjoyment
of these rights.
Note the importance
of varied players in civil society, including the importance of
the media to freely source and impart information, which is crucial
to the development of a genuinely democratic form of governance.
In relation
to the legislation, rules and regulations that regulate civil society,
participants:
Recognize that abiding by good governance principles ensures
the legitimacy of civil society.
Note that legislation
must contain clear definitions, objective criteria and open processes
for the creation and working of civil society organizations, and
is not designed to control the breadth of their activities.
Note that the
process of developing legislation must include civil society in
a meaningful way.
Note that certain
countries’ laws, such as those relating to the funding of organizations,
particularly related to receiving foreign funding, place undue restrictions
on the work of legitimate civil society organizations.
Further note
the disturbing practices in some Commonwealth countries to deregister
or limit the activities of civil society organizations that focus
on advocacy and human rights activities, particularly when they
have taken a critical stance.
In relation
to security issues, participants:
Recognize the duty of the state to provide safety and security,
but were deeply concerned at the trend of governments to curb civil
liberties and civil society activities and particularly target dissenting
voices on the excuse of terrorism and security. Such attacks on
civil liberties of citizens can never be justified.
Note with concern
the many countries, recently including Australia and United Kingdom,
where anti-terrorism legislation has been passed or proposed that
violates human rights standards and that increases repressive measures
such as prolonged detention without charge and risks criminalizing
certain communities.
Note that the
lack of adequate oversight of police and security forces in many
countries means that these agents of the state continue to act with
impunity, which in turn leads to a loss of trust by the community.
Participants
discussed the human rights situation in a number of Commonwealth
countries, but felt that the crisis in some specific countries deserved
particular mention and as such draw the attention of the Commonwealth
to Uganda, Maldives and the former Commonwealth country Zimbabwe:
In relation
to Uganda, participants: Note that the human rights situation
in Uganda has recently deteriorated with the recent attacks on free
political expression and intolerance of opposition.
Further note
that the next CHOGM is expected to be hosted by Uganda in 2007 and
that holding a CHOGM in a country where the Harare Commonwealth
Principles are being disregarded risks making a mockery of the Commonwealth’s
commitment to its founding principles and standards.
In relation to the Maldives, participants: Note that
the Maldives has persistently failed to fulfill its obligations
in the Commonwealth by not abiding by the Harare Principles, and
should be on the agenda of the Commonwealth Ministerial Action Group.
Note the ongoing
engagement by the Commonwealth with the reform processes in the
Maldives, but state that more is needed to be done by Commonwealth
groups and other actors.
Further note
that on some points there have been improvements on paper, but that
these have not always been implemented; for instance concern was
raised over the refusal to register non-governmental organizations,
and the restrictions on freedom of expression, particularly political
expression.
In relation to Zimbabwe, participants:
Note the ongoing crisis situation in Zimbabwe, the deteriorating
state of human rights evidenced by restrictive media laws, politically
targeted evictions, unreasonable restrictions on the right to associate
and assemble and harassment and intimidation of civil society.
Recognize that
while the government of Zimbabwe has withdrawn from the Commonwealth
to avoid continued suspension it is important that the Commonwealth
and civil society groups remain engaged with the Zimbabwean government,
opposition and people.
Participants
of the 2005 Commonwealth Human Rights Forum made the following recommendations
to the Commonwealth Heads of Government, that they:
Call on all
member governments to ratify and domesticate core human rights treaties.
Implement past
commitments to human rights to ensure that the realization of human
rights is a reality in all Commonwealth countries.
Further their
past recognition of the value and importance of civil society by
providing appropriate Commonwealth fora and processes for engagement
and partnership with civil society.
Consider practical
suggestions for such engagement, such as meeting with civil society
as part of the CHOGM events to develop a joint statement with agreed
action by both government and civil society to be reported on by
both parties after two years.
Develop a mechanism
to keep members accountable for commitments made in Commonwealth
fora, such as reporting at CHOGM on progress made since last CHOGM.
Provide the
in-country environment required for the effective functioning of
civil society groups, particularly those engaged in human rights
and advocacy. This involves:
- updating
legal frameworks (using participatory processes) to ensure they
are in accordance with international standards and best practices;
and
- not using
registration processes as a means of restricting the voices of
civil society.
Issue a standing
invitation to United Nations rapporteurs and relevant human rights
bodies as an indicator of their commitment to openness.
In accordance
with their commitment in 2003 to the right to information, pass
laws in compliance with international best practice to provide citizens
with access to information.
Mandate the
Commonwealth Secretariat to develop and implement an information
disclosure policy in compliance with international good practice.
Ensure that
human rights are not compromised on the excuse of "security".
In particular Commonwealth governments should not derogate from
internationally accepted norms on detention without charge and fair
trial.
Develop effective
in-country mechanisms to stop the abuse of power by the police and
security forces, including the development and sustainability of
civilian oversight bodies.
Ensure, in conjunction
with National Human Rights Institutions, greater protection for
human rights defenders.
Establish a
Commonwealth Expert Group on policing to develop guidelines on training,
accountability mechanisms, legal regimes and mutual professional
support to ensure democratic policing.
Investigate
and keep under review the situation in Uganda and ensure that it
is complying with the Harare Commonwealth principles and the expected
2005 Declaration on Tolerance as a condition for hosting CHOGM in
2007.
Expand engagement
with the Maldives to encourage genuine and time-bound and verifiable
reform to ensure that the Maldives abides by the Harare Principles.
Include the
Maldives on the agenda of the Commonwealth Ministerial Action Group.
Continue dialogue
with the Zimbabwean government - as occurred during the suspension
/ withdrawal periods in Nigeria and South Africa – and not abandon
the people of Zimbabwe.
Encourage Heads
of State of SADC countries in particular, to demand greater adherence
to human rights norms by the Zimbabwean government.
In addition,
participants recommended that civil society should:
Provide support and solidarity to human rights defenders and
other civil society groups in other Commonwealth countries and Zimbabwe.
Publicise their
efforts to advocate on human rights issues within the Commonwealth.
Monitor member states’ implementation of Commonwealth commitments.
Conduct a fact-finding
mission to Uganda to assess compliance with international human
rights standards and the Harare Principles, as a matter of priority
in the context of Uganda’s proposed hosting of CHOGM in 2007.
Investigate
and report on the objectives and financing of Commonwealth agencies,
in the context of the diminishing funding provided to the Commonwealth
agencies to conduct their activities.
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