COMMONWEALTH PARLIAMENTARY CONFERENCE Colombo, Sri Lanka
58th Workshop B - 12 September 2012
SHOULD THE COMMONWEALTH ESTABLISH A COMMISSIONER FOR DEMOCRACY, THE RULE OF LAW AND HUMAN RIGHTS?
Moderator: Hon. Marwick Khumalo, MP, Swaziland
Discussion Leaders: Sen. Dr Muhammad Farogh Naseem, Pakistan Mr Hugh Bayley, MP, United Kingdom
The core values of the Commonwealth, as set out in the 1991 Harare Declaration, are peace, democracy, global economic development, the rule of law and the liberty of individual citizens under the law. The implementation of these values requires proper stewardship. The issue arises as to how such stewardship should be expressed in the Commonwealth. Some did not agree there is a
need to establish an office of Human Rights Commissioner, believing that such an office would unnecessarily duplicate the work of the United Nations and other bodies while undermining the internal affairs of member states. Others said the office is crucial
to the role of the CPA, as a means of ensuring the protection of its Members in their expression of views as individual citizens and Parliamentarians, without being subject to harm or abuse. While some agreed with
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the principle of an individual Commissioner, others looked towards the establishment of a Commission comprised of representatives from CPA member states. In the end, there was no consensus on the question.
Serious or persistent threats The September 2011 Report of the Eminent Persons Group (EPG) recommended the establishment of the Office of a Commissioner for Democracy, the Rule of Law and Human Rights, citing the need for full time attention to be devoted to the determination of serious or persistent human rights violations, and the need to advise both the Secretary-General and Commonwealth Ministerial Action Group (CMAG) when serious or persistent violations persist. As suggested by Sen. Muhammad Farogh Naseem of Pakistan, such an office must exercise an entirely politically neutral perspective. Mr Hugh Bayley, MP, of the
United Kingdom was of the view that the office should serve as an early warning system, stating that the present CMAG mechanism becomes engaged only in the most serious of cases, with suspension from the Commonwealth being the only sanction. He called upon the Commonwealth Heads of Government to appoint a Commissioner for Democracy, Human Rights and the Rule of Law and recommended that the Commonwealth Parliamentary Association Executive Committee establish a subcommittee to promote the protection of human rights for Parliamentarians and citizens alike and to recommend appropriate action where abuses have been seen to occur.
Duplication and intrusion Numerous interventions followed the initial presentations, all expressing points on both sides of the debate.