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UPHOLDING THE VALUES OF THE COMMONWEALTH CHARTER: THE ROLE OF PARLIAMENTS AND PARLIAMENTARIANS IN PROTECTING HUMAN RIGHTS
The Chair of the Commonwealth Forum of National Human Rights Institutions (CFNHRI) from Rwanda outlines how Parliaments and Parliamentarians can uphold the human rights principles in the Commonwealth Charter.
I. Introduction
The Commonwealth Charter, adopted in 2013, serves as a guiding document for the 56 member states of the Commonwealth, fostering cooperation, shared values, and a commitment to the promotion of human rights, democracy and the rule of law. As Parliaments are central to the democratic process in Commonwealth nations, Parliamentarians play a crucial role in upholding the principles outlined in the Commonwealth Charter, particularly when it comes to safeguarding human rights.
The National Commission for Human Rights of Rwanda is the current Chair of the Commonwealth Forum of National Human Rights Institutions (CFNHRI). Equipped by Parliament with strong legal powers, we have a clear role to play in human rights-based legislative reforms that align with international standards.
Partnership working between Parliamentarians and National Human Rights Institutions are fundamental to effectively translating the Commonwealth Charter into national action to create stronger and fairer societies.
The promotion and protection of human rights are central to fostering inclusive and democratic societies. National Human Rights Institutions (NHRIs) and Parliaments play crucial roles in upholding these values and ensuring that human rights are respected, protected and fulfilled.
NHRIs and Parliaments can create a powerful partnership that advances human rights, strengthens accountability and fosters a culture of human rights within their respective countries.
NHRIs are independent bodies established by governments to promote and protect human rights at the national level. These institutions act as advocates for human rights, monitor compliance with international human rights standards and provide recommendations to improve policies and practices. NHRIs play a crucial role in bridging the gap between the government and the citizens, ensuring that human rights are upheld, and holding authorities accountable for any violations. This article examines the ways that Parliaments and Parliamentarians can fulfil their responsibilities and contribute to a better, more just world by prioritizing human rights.
II. Parliaments and the authority to ensure that human rights principles are integrated into national laws and policies
1. Legislation and Law-making
One of the primary functions of Parliaments is to enact laws and policies that reflect the values and principles of the Commonwealth Charter. Parliamentarians must ensure that their legislative efforts prioritize the protection and promotion of human rights for all. This involves introducing and passing laws that prohibit discrimination, protect freedom of expression, guarantee the right to peaceful assembly and defend vulnerable groups from exploitation and abuse.
Moreover, Parliaments should engage in a thorough review of existing legislation to identify and rectify any laws that are inconsistent with human rights principles. Continuous monitoring and assessment of the legal framework can ensure that it evolves with societal changes and advances in human rights standards.
2. Oversight and Accountability
Parliaments have a vital role in holding the Executive branch accountable for its actions. Ensuring that governments act in accordance with human rights principles requires rigorous oversight by Parliamentarians. They should scrutinise government policies, decisions and actions to ensure they align with the commitments outlined in the Commonwealth Charter.
Parliamentary Committees dedicated to human rights issues can be established to investigate and address alleged violations effectively. These Committees should collaborate with Civil Society Organisations and human rights bodies to gather comprehensive information and propose appropriate measures to rectify any gaps.
3. Public Awareness and Education
Parliamentarians have a unique position to influence public dialogue and raise awareness about human rights issues within their constituencies. Through public engagement, education and awareness campaigns, Parliamentarians can foster a culture of respect for human rights and inclusion. By collaborating with local NGOs, educational institutions and media outlets, they can promote human rights values and advocate for their universal acceptance.
4. International Cooperation and Solidarity
The Commonwealth is a diverse and interconnected community, making international cooperation crucial in promoting human rights globally. Parliamentarians have the opportunity to strengthen bonds between member states and work together to address human rights challenges that transcend national borders.
Parliaments should actively participate in Commonwealth Parliamentary Association (CPA) meetings and other international forums to exchange best practice, share experiences and collaborate on strategies for advancing human rights. Additionally, they can build relationships with Parliaments in countries facing human rights crises and provide support in strengthening their democratic institutions.
5. Protecting Minority Rights
Respecting and protecting the rights of minorities is a key aspect of upholding human rights principles. Parliamentarians must ensure that the interests and rights of minority groups, including ethnic, religious and linguistic minorities, are adequately represented in the legislative process.
Creating platforms for minority communities to voice their concerns and grievances can foster inclusivity and strengthen the democratic fabric of Commonwealth countries. It is also essential to enact specific legislation and policies that safeguard minority rights and ensure their equitable access to opportunities and services.
Parliaments in the Commonwealth are the legislative bodies responsible for enacting laws, overseeing government actions and representing the interests of the people. Through their legislative and oversight functions, Parliaments have the authority to ensure that human rights principles are integrated into national laws and policies. They provide a platform for dialogue, debate and scrutiny, allowing human rights issues to be addressed effectively and comprehensively.
III. Collaboration between NHRIs and Parliaments
1. Policies Advocacy
NHRIs can engage with Parliaments to advocate for human rightscentered policies and legislation. By providing expert advice, research and analysis, NHRIs can assist Parliamentarians in drafting laws that align with international human rights standards. This collaborative approach ensures that the laws enacted reflect the needs and concerns of the people while safeguarding their rights.
2. Human Rights Impact Assessment
NHRIs can conduct human rights impact assessments of proposed legislation, allowing Parliaments to understand the potential consequences of laws on human rights. This process aids Parliamentarians in making informed decisions and addressing any potential negative impacts on human rights before enacting legislation.
3. Monitoring and reporting
NHRIs play a critical role in monitoring the human rights situation in the country. By sharing their findings and recommendations with Parliaments, they contribute to a better understanding of human rights challenges and assist lawmakers in addressing issues of concern.
4. Oversight and Accountability
Parliaments can use NHRIs' reports and recommendations as valuable tools for holding the government accountable for human rights violations. NHRIs provide independent assessments of the government's actions, which empower Parliamentarians to demand transparency and rectify human rights abuses.
5. Public Engagement
Collaborative efforts between NHRIs and Parliaments can lead to more inclusive and informed decision-making. By involving civil society organisations and the public in their work, NHRIs and Parliaments ensure that a diverse range of perspectives are considered in shaping human rights policies and legislation.
Several Commonwealth countries have demonstrated the positive outcomes of collaboration between NHRIs and Parliaments:
1. Regular consultations between NHRIs and Parliamentary Committees have led to human rights-based legislative reforms that align with international standards and recommendations.
2. NHRIs and Parliaments have jointly conducted awareness campaigns on human rights, promoting a culture of human rights and enhancing citizens' understanding of their rights and responsibilities.
IV. The CFNHRI work
After being approved as the Chair of the Forum, the Rwanda National Commission for Human Rights realised it needed to have some guidelines in order for the work to go well; so, it prepared a draft CFNHRI Strategic Plan 2022-2024 based on the suggestions given by the members in the biannual meeting that took place in Kigali, Rwanda in June 2022.
The draft strategic plan was prepared in collaboration with the Northern Ireland Human Rights Commission, after which the members offered their suggestions online. The strategic plan has five key pillars including Sports, Business, Climate Change, Women's and Children’s Rights and Health.
The draft CFNHRI Strategic Plan 2022-2024 was discussed at the 2023 annual meeting in-person in Geneva and approved at the follow-up meeting held online on 28 April 2023.
After the CFNHRI’s Strategic Plan 2022- 2024 was adopted, the working groups and their members were approved too. Members have also expressed an interest in chairing the working groups. The working groups are as follows:
• Sports and human rights is chaired by the Northern Ireland Human Rights Commission;
• Business and human rights is chaired by Rwanda National Commission for Human Rights;
• Climate change and human rights is chaired by the Human Rights Commission of Maldives;
• The working group on the rights of Women and Girls is chaired by the New Zealand Human Rights Commission;
• and lastly the working group on Health and human rights is chaired by the UK Equality and Human Rights Commission.
The CFNHRI Steering Committee was put in place and its first meeting took place on 11 May 2023 where the terms of reference of the Steering Committee were endorsed and it began the discussion on long term sustainability of the CFNHRI Permanent Secretariat.
It was noted that having a Permanent Secretariat established as a legal entity will help in the coordination of the forum. The Steering
Committee presides over the coordination of the CFNHRI’s strategic priorities led by its Chair and works closely with the Permanent Secretariat in the management of the day-to-day activities of the Forum.
The Steering Committee, with the support of the Working Groups, will facilitate capacity building and knowledge sharing among the CFNHRI members and ensure that international human rights standards are respected across the Commonwealth.
V. Challenges and Way Forward
While Parliaments and Parliamentarians have immense potential to uphold human rights in line with the Commonwealth Charter, several challenges may impede progress. Political divisions, limited resources, cultural barriers and vested interests can hinder efforts to address human rights violations effectively.
To overcome these challenges, fostering a culture of human rights within Parliaments and promoting education on human rights principles is vital. Engaging NHRIs, human rights defenders, Civil Society Organisations and the public in the legislative process can help build a stronger commitment to upholding human rights.
VI. Conclusion
The Commonwealth Charter provides a solid foundation for member states to build and nurture democratic societies that uphold human rights, among other shared values. Parliaments and Parliamentarians play a crucial role in translating these principles into tangible actions that promote and protect human rights.
By enacting human rights-centred legislation, promoting accountability and advocating for the rights of their constituents, Parliaments and Parliamentarians can create positive change within their countries and contribute to advancing human rights across the Commonwealth and the world. Upholding the values of the Commonwealth Charter is not just a duty but a collective responsibility that requires unwavering commitment and collaboration from all stakeholders.
