My Lords, perhaps I may be the first to congratulate the noble Lord, Lord Sheikh, on securing this debate. Judging by the number of your Lordships who wish to speak, it is a very welcome topic.
In the past, the Commonwealth has acted firmly against countries failing to comply with membership core values and principles. In recent times, however, apart from Fiji, little action has been taken against the more serious defaulters. Human Rights Watch claims that Pakistan and Bangladesh engaged in torture and illegal detention under the cloak of anti-terrorism measures, and accuses Sri Lanka, for the past six years a member of the Commonwealth Ministerial Action Group, of overseeing serious breaches of the rules of war. It alleges that abuses continue, with Kenya deliberately avoiding accountability for state-sponsored, post-election violence, and accuses Cameroon, Uganda and Gambia of attacking human rights activists and journalists. Yet there has been no real action from the Commonwealth.
An added challenge has been created by the Commonwealth in its acceptance of Rwanda’s application for membership. Rwanda has made great progress towards attaining the Commonwealth fundamental core values since suffering the appalling genocide of the 1990s. Rwanda deserves and needs every encouragement. Yet, demonstrably, it has yet to meet the full criteria for membership enshrined in the 1991 Harare Declaration, the cornerstone of Commonwealth democratic integrity. The declaration represents the fundamental political values which underpin the Commonwealth. These are not just a set of aspirational ideals to be aimed for and achieved at some unspecified and convenient future date. They are the standards of entry irrevocably and irreversibly to be accepted, endorsed and implemented. The Commonwealth defines itself by these standards, as set out in the opening statement of the Harare Declaration of principles. Since its inception, the Commonwealth has been the consistent promoter of the universal values of democracy among its members, rich and poor, large and small. The Commonwealth is the universal champion of equality among nations, and a rich diversity of ethnicity, culture and beliefs, as the noble Lord, Lord Sheikh, pointed out.
On the eve of the Heads of Government meeting in Trinidad, the Commonwealth Policy Studies Unit—the CPSU—whose advisory board I chair, and Electoral Reform International Services launched their report on democracy in the Commonwealth. The study considered the quality of democracy in the Commonwealth and the effectiveness of Commonwealth collective action in promoting it. In broad terms, it identified the potential to improve standards and the application of democracy among its members. The report on the study sets out 12 key recommendations for action, of which I shall highlight just three.
The first is a proposal for regular and obligatory democracy health checks, with CHOGM authorising the secretariat to put in place and implement a mechanism and process to provide a regular check on the state of democracy in each member state. Secondly, each Commonwealth Government should issue a standing invitation to the Commonwealth Secretariat to visit member states—for instance, to observe electoral processes—without a formal invitation each time. This would provide an enormous step forward, because often the requirement for a formal invitation is used to impede Commonwealth action. The third proposal is for a stronger Commonwealth Ministerial Action Group, focusing not just on action where there has been an unconstitutional usurpation of power, important though that is, but action, as originally foreseen, on serious or persistent violations of the Commonwealth’s democratic principles. That proposal could bring many more countries onto CMAG’s agenda.
The Heads of Government communiqué from Trinidad includes this last proposal, which is welcome, but, regrettably, the other 11 proposals are not specifically addressed. There is no specific section dealing with democracy in the communiqué, and the word "democracy" appears only three times in the 25-page document. The commitment to democracy promotion should not be just one among a number of Commonwealth objectives, it should be the defining characteristic of the association.
Human Rights Watch comments that the secretariat, ""fails to push or fund its human rights unit as a viable mechanism to encourage its members to comply with international standards","
and it does not, ""make a serious effort to get the Commonwealth to act collectively at the UN and elsewhere to champion human rights"."
Human Rights Watch argues that the Commonwealth needs to act robustly and resource its defence of human and democratic rights. While there are calls in the communiqué for the enactment and implementation of several human rights conventions, there is no mention of extra funding or new approaches to promoting these in the Commonwealth context. Civil Society’s statement at CHOGM calls for stronger partnerships between Governments and civil society in decision-making processes. It calls, too, for the strengthening and expansion of the Commonwealth Secretariat’s Human Rights Unit.
It is now time, 18 years after the signing of the Commonwealth’s Harare Declaration, to give a new impetus to the Commonwealth’s commitment to promoting democracy. Much has been achieved since the signing of that historic declaration. The Commonwealth has committed itself to making democracy a "way of life"—and we need to spell out precisely what that means. There needs to be a common understanding about the state of current democratic arrangements and the impediments to deepening democracy. Political competition, rather than taking place among political parties, is too often between the state—representing the interests of the ruling party or its leader—and the opposition. The state apparatus—including the state media, public services, the state exchequer, police and judiciary, and intelligence services—is used to confer an unfair advantage on the ruling party. That is why more robust action is needed from the Commonwealth itself to move from affirmation to implementation of the Harare principles.
Commonwealth: Democracy and Development
Proceeding contribution from
Lord Chidgey
(Liberal Democrat)
in the House of Lords on Thursday, 10 December 2009.
It occurred during Debate on Commonwealth: Democracy and Development.
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2009-10
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