Human Rights Advocacy in the Commonwealth: a User's Handbook
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COMMONWEALTH HUMAN RIGHTS INITIATIVE The Commonwealth Human Rights Initiative (CHRI) is an independent, non-partisan, international non-governmental organisation, mandated to ensure the practical realisation of human rights in the countries of the Commonwealth. CHRI was founded in 1987 by several Commonwealth professional associations. The objectives of CHRI are to promote awareness of and adherence to the Harare Principles, the Universal Declaration of Human Rights, and other internationally recognised human rights instruments, as well as domestic instruments supporting human rights in Commonwealth member states. Through its reports and periodic investigations, CHRI continually draws attention to progress and setbacks to human rights in Commonwealth countries. In advocating for approaches and measures to prevent human rights abuses, CHRI addresses the Commonwealth Secretariat, member governments and civil society associations. Through its public education programs, policy dialogues, comparative research, advocacy and networking CHRI's approach throughout is to act as a catalyst around its priority issues. The nature of CHRI's sponsoring organisations - journalists, publishers, broadcasters, lawyers, legal educators, health professionals, and parliamentarians - allows for both a national presence in each country and an international network. CHRI’s headquarters are in New Delhi, India, and has offices in London, UK, and Accra, Ghana. CHRI’s Advisory Commission Members are: Sam Okudzeto (Chair), Dr. Eunice Brookman-Amissah, Murray Burt, Jean Corston, Maja Daruwala, Alison Duxbury, Nihal Jayawickrama, B.G. Verghese, Zohra Yusuf COMMONWEALTH HUMAN RIGHTS INITIATIVE CHRI Headquarters CHRI London Office CHRI Africa Office B-117, First Floor, Sarvodaya Enclave C/o Institute of Commonwealth Studies C/o The British Council, Liberia Road New Delhi - 110017, INDIA 28, Russell Square, London WC1B 5DS, UK PO Box GP 771, Accra, Ghana Tel: +91-11-2686 4678, 2685 0523 Tel: +44-020-7-862-8857 Tel: +233-21-244744, 683068, 683069 Fax: +91-11-2686-4688 Fax: +44-020-7-862-8820 Fax: +233-21-240330, 683062 E-mail: [email protected] E-mail: [email protected] E-mail: [email protected] Published in 2005 ISBN:81-88205-19-2 Cover design & layout: Chenthilkumar Paramasivam Human Rights Advocacy in the Commonweatlh A User’s Handbook Commonwealth Human Rights Initiative 2 0 0 5 Overview and History of the years after independence before joining; and others left and rejoined (South Africa and the Commonwealth: Fiji Islands). Some countries have been suspended (for example Pakistan was he Commonwealth is a voluntary suspended in 1999 and readmitted in association of countries that cooperate 2004) - and in December 2003 Zimbabwe in the common interests of their withdrew from the Commonwealth, although T peoples and work together in many Zimbabwean citizens still feel part of promoting international understanding and the Commonwealth and do not agree with world peace. The head of the the government's decision. Commonwealth is Queen Elizabeth II. Although the association originates from the The 53 member states are: British Commonwealth (which was made up of Britain and her former colonies), the Antigua and Barbuda, Australia, the modern Commonwealth of Nations is made Bahamas, Bangladesh, Barbados, Belize, up of independent countries. Botswana, Brunei Darussalam, Cameroon, Member states are scattered all over the Canada, Cyprus, Dominica, Fiji, The globe - in Europe, Africa, Asia, North Gambia, Ghana, Grenada, Guyana, India, America, the Caribbean and the South Pacific Jamaica, Kenya, Kiribati, Lesotho, Malawi, - with a combined population of around 1.8 Malaysia, the Maldives, Malta, Mauritius, billion people. Each of these (with one Mozambique, Namibia, Nauru, New exception, Mozambique) had earlier been Zealand, Nigeria, Pakistan, Papua New ruled by Britain or linked administratively to Guinea, St Kitts and Nevis, St Lucia, St another member. Not all former colonies Vincent and the Grenadines, Samoa, the chose to join the Commonwealth at Seychelles, Sierra Leone, Singapore, independence - for instance, Myanmar Solomon Islands, South Africa, Sri Lanka, (independent since 1947) chose not to join Swaziland, Tanzania, Tonga, Trinidad and and Ireland withdrew in 1949. Others, like Tobago, Tuvalu, Uganda, United Kingdom, Cameroon and the Maldives, waited some Vanuatu and Zambia. 1 The workings of the Commonwealth can be X Most Commonwealth countries share divided into two different areas: colonial histories and therefore also share similarities in governmental and legal X The official Commonwealth - made up of structure which are based on the rule of the intergovernmental meetings and the law. This enables better understanding official agencies (the Commonwealth and easier cooperation for human rights Secretariat, Commonwealth Foundation advocacy across jurisdictions. There is and Commonwealth of Learning); and also the ability to communicate across jurisdictions in English, no small X The unofficial or people's advantage in the rapidly expanding and Commonwealth - made up of civil inclusive world of instant society. communications. Why use the Commonwealth X The commonality of the law provides a similar environment which makes it easier for Human Rights Advocacy: for good practice from one country to be transfered to another - and also facilitates X Human rights are a key area of concern lessons learnt by one country to be for the Commonwealth - as shown by the adapted to suit the needs of another 1991 Harare Declaration in which the Heads of Government "pledged to work country. for the protection and promotion of the fundamental political values of the X The Commonwealth overlaps other association, namely democracy, intergovernmental groupings such as the democratic processes and institutions United Nations (UN), the Association which reflect national circumstances, of Southeast Asian Nations (ASEAN), fundamental human rights, the rule of law the South Asian Association for Regional and the independence of the judiciary, Cooperation (SAARC), the European and just and honest government". Human Union (EU), the African Union (AU), rights advocates may be able to influence the Organization of American States its work in this area. (OAS) and the Pacific Islands Forum 2 (PIF). Members can therefore take an equal partnership of nations for messages further through these forums. discussion and decision-making. X Although civil society involvement with X The many Commonwealth Associations the Commonwealth has been that work to influence and implement the disappointingly limited in the past, the Commonwealth's action provide good Commonwealth nowadays allows civil partners for solidarity and consensus society to knock on various doors at the building. Secretariat or sometimes to get involved directly with programmes which concern their line of work or interest. Past successes for the Commonwealth in the field of human rights include: X The Commonwealth's size and scope offer opportunities for manoeuvrability for South Africa - the Commonwealth played a both governmental and non-governmental strong role in the campaign against apartheid. organisations. Within the Commonwealth While many other groups were also involved it is possible for smaller countries to in this campaign, the Commonwealth was a engage meaningfully with larger countries leader - for example, in instigating sanctions with relative ease. for sporting events six months prior to the UN sanctions. The Commonwealth also had X The Commonwealth consists of a third of an important involvement in the peaceful the world's population with diversity of dismantling of apartheid. religion, wealth, culture and geography which makes it a significant forum in Nigeria - Commonwealth governments and which to have your voice heard. CMAG played a significant role in bringing an end to the military rule. The respectability X Decisions within the Commonwealth are which Commonwealth membership confers in based on consensus by all member many people's minds was clear from the way states,enabling the Commonwealth to be that Nigerians looked for an early return to - theoretically, if not always in practice - full membership after suspension. 3 Official Commonwealth X Publishing information on human rights developments, jurisprudence and other Agencies: human rights related issues for the information and use of member countries The Commonwealth Secretariat: - such as the newsletter called the 'Human Rights Update'. The Commonwealth Secretariat was established in 1965 and is the main X Developing programmes related to the intergovernmental agency of the promotion and protection of human rights - giving importance to the indivisibility of Commonwealth. It is located at Marlborough civil, political, economic and social rights. House in London, UK and is headed by the Projects include developing strategies to Commonwealth Secretary-General. The combat trafficking of women and mandates for the Secretariat's strategic plan children, assisting in the reform of criminal and work programme are decided by the justice systems with particular focus on Commonwealth Heads of Government who the rights of victims of crime, and the meet every two years at the Commonwealth compilation of case law related to the Heads of Government Meeting unconstitutional overthrow of (CHOGM). governments. The main body responsible for human rights in X Working on human rights issues with the Secretariat is the Human Rights Unit governmental and