Tracing the Line: Civil Society’s Demarcated Interaction within the Commonwealth

Arnaud Chaltin traces the role and participation of civil society in a human rights context within the Commonwealth.

The participation of civil society within the Commonwealth is fundamental in order to ensure that it remains true to its principles. The origins of the current Commonwealth can be found enshrined in the Statute of Westminster (1931), where countries within the Commonwealth were found to be equal in status and as having a common allegiance to the Crown. Bound together by shared values, including respect for human rights, commitment to democratic forms of government, toleration and mutual respect for differences of background and belief, the Commonwealth Foundation was established in 1965. Established in the same year as the Commonwealth Secretariat, this linear development was one of the early signs of the Commonwealth’s interest in encouraging and supporting its civil-society links.

One of the first significant manifestations of civil society influence and interest in human rights context within the Commonwealth occurred during 1961, in the form of opposition to the apartheid system in South Africa. Some ten years later, with the advent of the Singapore Declaration of shared principles, Commonwealth commitments were cemented, ensuring individual liberty, freedom from racism, peace, economic and social development and international cooperation. In the 1979 Lusaka Declaration, the Commonwealth stressed its opposition towards racism and racial prejudice. In turn, leading to the 1991 Harare Declaration, which gave recognition to principles of human rights, democracy and good governance. It was this same year that the first civil society report was submitted to the Commonwealth Heads of Governments Meeting (CHOGM), calling for governments to view non-government organisations as potential allies and recommending official inclusion of non-government organisations in the procedures of any human rights protection mechanisms within the Commonwealth. In 1993, hearing this call, the Commonwealth began standardising its relationships with civil society. A desk was instituted for non-governmental organisations within the Secretariat, in order to serve as a focal point for coordinating the Commonwealth’s interactions with non-government organisations. An accreditation procedure was set up the same year, for the CHOGM in Cyprus. It was as these events unfolded that Commonwealth countries gradually began to become aware of the importance of the role of civil society.

It was during the 2002 CHOGM, in Coolum, that member states advised their desire for “[…] the many intergovernmental, professional and civil society bodies, which help to implement our Commonwealth values to join with us in building closer Commonwealth family links and strengthening consultation and collaboration”. This declaration was directly forwarded by the High Level Review Group, a Committee of 10 heads of government, stressing the need to recognise “the networks for sharing expertise, information and experience among organisations, the people-to-people links and the existence of a wider Commonwealth civil society are valuable assets that give the Commonwealth a depth and reach that is unique.” The report from the review findings provided new criteria, including the requirement that organisations must be committed to the values of the Commonwealth, represent the true diversity of the Commonwealth, and that they should be transparent in their activities and open to all Commonwealth members. This newly established accreditation criteria opened doors for official cooperation and participation within the Commonwealth, enabling organisations to call at the headquarters of the Commonwealth.

The Commonwealth Ministerial meetings are one arena where civil society can participate. Depending on the nature of the meeting, accredited non-government organisations, working in areas of direct relevance to the meeting, can be invited to access documents, make submissions, or to act as observers to the discussions. More importantly, the proceedings of these meetings often inform the CHOGM discussions or will be taken by the Ministers to other international fora. However, it is the Commonwealth Ministerial Action Group (CMAG), a rotating group of eight foreign ministers, that is the venue usually targeted by human rights organisations. Established in 1995, as a body to sanction action against “serious or persistent” violations of the principles of the Harare Declaration, CMAG accepts submissions from non-government organisations. It has the power to initiate fact-finding missions and/or to recommend the Heads of Government suspend or expel a member state. However, civil society’s ability to participate has been limited somewhat given the narrow interpretation accorded to CMAG’s mandate.

Civil society collaboration has often been far more effective in those arenas with a less political profile, such as the Coolum Committee. The Coolum Committee has operated by reuniting non-government organisations, the Commonwealth Secretariat, and other Commonwealth agencies for periodic consultations on the progress towards achieving the goals of the Coolum Declaration. This can also include discussions on the best way to ensure thorough collaboration between the official commonwealth and non-government organisations. The Expert Group on Democracy and Development (presenting its report in 2003) had also welcomed submissions from non-government organisations. However, most non-government organisations consider CHOGM as their most important advocacy target; as it provides the Commonwealth’s most visible representation of official participation at the biannual event. The CHOGM Procedures allow organisations to submit papers to the Committee of the Whole, which drafts the CHOGM agenda, as well as CHOGM itself. Interactions with government officials at CHOGM are, however, limited, not allowing specific opportunities for dialogue with officials. Such limitations, as felt by Commonwealth civil society led, in turn, to the development of an informal parallel forum, the Commonwealth People’s Forum (CPF), organised by the Commonwealth Foundation. The sessions and programmes within CPF, such as the Commonwealth Human Rights Forum (CHRF), were established in order to provide non-government organisations, and other sections of civil society, with a space to showcase their work and define advocacy goals. The conclusion of the Forum, provides the link with the Official Commonwealth, where civil society drafts and presents a written communiqué to the CHOGM.

This landscape is completed by the Commonwealth Inter-Governmental Agencies. The Commonwealth Foundation, for example, is mandated to enhance the role of civil society organisations with the official Commonwealth. Yet, if the Commonwealth Foundation is viewed as civil society’s most important partner, the Commonwealth Secretariat can be seen as an important target for advocacy. The Secretariat is an important target for human rights advocacy largely as the result of its broad mandate. Constant contacts with the Commonwealth secretariat, such as submissions and consultation procedures, in particular with sections, such as the Human Rights Unit or the Political Affairs Division, have proven to be the successful way in which to draw attention to persistent human rights issues within the Commonwealth. However, even where there is a right to make submissions, there is no obligation for the official body to consider it. In this regard, the position of the Commonwealth Secretariat Secretary General, charged with the development and delivery of the Strategic Plan – a four-year framework which sets out the Secretariat’s main goals and programmes, has a large degree of influence over the importance accorded to issues, including ensuring the actual promotion of civil society participation within the Commonwealth. In this context, it is of particular relevance for members of civil society to question and analyse the commitments of nominated candidates at up-and-coming candidacy selections, as well as their follow-through after selection.

To ensure that the future Commonwealth remains true to its values, by recognising the stake that civil society has in the transformation of the Commonwealth from its past colonial history, we must ensure that its institutions remain open to Commonwealth peoples. Where there is little space or commitment to the promotion and protection of such a space, our voices may become a little harder to hear in the future. Such a failing will lead to civil society’s disenchantment and questioning of the Commonwealth’s ability to act as an agent of democratic transformation and development.

For more information regarding CHRI or this article, contact Arnaud Chaltin or Lucy Mathieson at CHRI: Email [email][email protected] or access the CHRI website at www.humanrightsinitiative.org

The Commonwealth Human Rights Initiative (CHRI) is an independent, non-partisan, international NGO working for the practical realisation

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