NEWS An independent publication from the 2007 Commonwealth People’s Forum, Afrikana Hotel, Kampala, Uganda.
Issue No. 2
Wednesday, 21 November 2007
Commonwealth has failed on human rights By Juliana Omale - Atemi
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HERE are many treaties that have been ratified by Commonwealth countries with regards to human rights. From the Commonwealth plans of action to the African Union and African Commission for People's and Human rights among other regional entities, the ratification of these treaties has been an indication of the countries' commitment to human rights. But that is all. Commitment. However, there are many gapping gaps between policy statements on human rights and implementation of the same. Civil society organisations are concerned about decisions being made by heads of state which they do not comply to. Kumi Naidoo, secretary general of the World Alliance for Citizen Participation (CIVICUS) says: “There is a serious compliance deficit. It demoralises civil society when communiqués are perpetually ignored.” Naidoo adds the civil society is concerned about freedom of association, assembly and expression especially when counter terrorism measures are used selectively to curtail people's rights and privileges. The concluding statement and recommendations from the Commonwealth Human Rights Forum in Valletta, Malta in 2005 stated the need for a formal report-back to the next Commonwealth Heads of Government Meeting (CHOGM) on the implementation of heads' commitments for human rights; that governments should ensure human rights norms are not compromised using security as an excuse; and that the Commonwealth Expert Group be set up on the future of policing. However, the reality for millions of citizens in the Commonwealth nations is contrary to the assumption of the existence of human rights values, principles and standards. Today, Naidoo will be travelling to Ethiopia in support of human rights activists Daniel Bekele and Netsanet Demissie who have been in jail for two years awaiting trial. The two were charged with treason, genocide as well as outrage against the state for demonstrating against election irregularities in which 30 students died. “Far too many countries pay lip service to human rights issues,” says Naidoo. “This year's CHOGM must move from rhetoric to
Delegates follow proceedings at the ongoing Commonwealth People’s Forum in Kampala, Uganda.
implementation. There is no point in our governments saying all the right things which they have no intention of implementing.” This sentiment is echoed by the delegations of national human rights commissions who have been calling for greater interactions and dialogue between human rights institutions and governments. According to the chair of the Uganda
“We would like to see a situation where the terms of engagement are stipulated between human rights institutions and national governments so that we can begin to build the rapport,” Human Rights Commission, Margaret Sekaggya, the newly established Commonwealth National Human Rights Institutions' Forum will place their proposal for more autonomy within the Commonwealth. “We would like to see a situation where the terms of engagement are stipulated between human rights institutions and national governments so that we can begin to build the rapport,” says Florence Simbiri Jaoko from the Kenya National Human Rights Commission.
The chair of the Human Rights Commission in Sierra Leone, Jamesina King, says national human rights commissions must play their role in the development of their countries in the context of safeguarding the rights and privileges of their nationals. “Many of our institutions do not have adequate funding from national governments and our recommendations are not taken seriously either,” she says. “Some countries of the Commonwealth do not even have human rights commissions.” Naidoo takes issue with Commonwealth countries that view themselves as beyond reproach in the area of human rights: “The United Kingdom, Canada and Australia are exporters of human rights and democracy but their own record is dismal in prosecuting the global war on terror,” he laments. He singles out Australia's counter terrorism Bill for having ineffective human rights protections to balance its provisions. “Civil society recognises that legislation to deal with terrorism is necessary but racial and religious profiling and invasions of privacy equally undermine the tenets of democracy and the rule of law,” he notes. From a human rights perspective, civil society wants to see that legislation and policy governing them ensures freedom of association, assembly and expression remain sacred and sacrosanct because they are committed to a serious relationship and partnership with government on a basis of transparency. “This is a contract between the state and its citizens,” explains Naidoo. “If those rights are taken away you cannot make a claim to the existence of democracy.” He says the failure by governments to tap into the expertise and knowledge of civil society deprives them of free policy intelligence. “The best chance a policy stands to be successfully implemented is when there is civil society involvement.”
Published by African Woman & Child Feature Service for the Commonwealth Foundation. www.awcfs.org
Jamesina King
Kumi Waidoo
Florence Simbiri Jaoko