Left: Mr Hugh Bayley, MP, United Kingdom, delivering his presentation at Workshop B, moderated by Hon. Marwick Khumalo, MP, Swaziland, (right). Right: Sri Lankan Opposition Leader Hon. Ranil Wickremasinghe, MP, at the conference..
WORKSHOP B - A COMMISSIONER FOR THE
Hon. Nimal Siripala De Silva, MP, of Sri Lanka stated that the creation of a Commonwealth Commissioner for Democracy, the Rule of Law and Human Rights was an intrusion into the internal affairs of member states, noting that the Commonwealth has traditionally been an organization to conduct its work through engagement rather than intrusion. Moreover, he stated, such an
office would result in the duplication of the work of the United Nations which already has sufficient mechanisms, namely the United Nations Human Rights Council to fulfil this monitoring role. Rather than duplicating roles, one should look to strengthen the United Nations Commission, to re-affirm what is already in place as opposed to creating other bodies, especially when other protocols are already in place. Hon. Dr Charnjit Singh Atwal,
MLA, of the Indian state of Punjab expressed a similar view, stating that such an office is not in line with the Commonwealth’s way of functioning as it seeks to undermine the role of the Secretary-General and CMAG. At a time of financial restraint, it would unnecessarily duplicate the role of already existing bodies with similar mandates such as the United Nations Human Rights Council. Moreover, he stated, it may give
the false impression that the biggest challenge facing the Commonwealth is the violation of human rights and its member states.
Standing up for rights Hon. John Amaratunga, MP, of Sri Lanka was very much in favour of the establishment of the office, citing the EPG Report in saying that while member governments carry out appalling human rights abuses,
many see the Commonwealth apparently standing blithely by. Without a commitment to uphold these principles, Commonwealth membership is devalued. A values and principles-based association that does not consistently strive to defend its ideals, and to be defined by them, risks appearing to be little more than an imperial relic. He argued that discussions surrounding the founding values of the Commonwealth should not only be restricted to Heads of Government and Foreign Ministers, but rather open as well to both Parliaments of member states and other Commonwealth institutions. Hon. Mary Salifu Boforo, MP, of
Ghana stated that, while she was not averse to the establishment of the Office of Commissioner, she said that a better use of resources would be to strengthen existing structures within
member countries, thereby working to support the judiciary in its role as the custodian of democratic values and principles within each respective country. The Commonwealth Secretariat could serve to ensure the enforcement of such democratic tenets and call to account those member states wherein a possible violation may have occurred. It was also expressed by
participants that while the Office and mandate of the Commissioner may be considered acceptable, one should give consideration to establishing a Commission rather than an individual Commissioner, with such a body being democratically elected by member states. All agreed that human rights must
be defended and any infringement of the rights of Parliamentarians or the citizens they represent is considered an attack on democracy itself.