Written evidence submitted by the Commonwealth
Human Rights Initiative (CHRI)
The Commonwealth Human Rights Initiative (CHRI)
is an independent, non-partisan, international non-governmental
organisation, mandated to ensure the practical realisation of
human rights across the Commonwealth. CHRI is headquartered in
New Delhi, India but we also have an Africa Office based in Ghana
and an office in London. Our objectives are to promote awareness
of and adherence to the Harare Commonwealth Declaration, the Universal
Declaration of Human Rights, and other internationally recognised
human rights instruments, as well as in-country laws and policies
that support human rights in member states. For more information
please visit our website: www.humanrightsinitiative.org
CHRI would like to express its support for the
FCO's Human Rights Annual Report as a tool to monitor and comment
on the human rights situations across the globe. We welcome the
opportunity to provide information to the Foreign Affairs Committee
in relation to the 2005 Report.
The following is a compilation of some serious
concerns regarding the human rights situations in select Commonwealth
countries in 2005. The research into these countries has been
conducted to inform submissions to Commonwealth Ministerial meetings
and other related bodies. As such, it provides information on
each country from a comparative Commonwealth perspective, particularly
highlighting how certain countries are failing to abide by the
criteria for membership of the Commonwealth—to follow the
principles contained in the Commonwealth Harare Declaration.
PAKISTAN
Despite the fact that 18 months have passed
since Pakistan's reinstatement to full membership of the Commonwealth,
there has been little positive change in terms of human rights,
democracy and good governance. On the contrary, the situation
has deteriorated. This situation seems to be undermining the standards
that the Commonwealth has stated are required for membership of
the association.
CHRI has documented human rights violations
in Pakistan particularly regarding violent intimidation of the
media and members of civil society, as well as violence by para-military
forces. We reiterate that such violations continue. One recent
case involved the attack in Lahore on Asma Jahangir, the United
Nations special rapporteur on freedom of religion and head of
the Human Rights Commission of Pakistan. Ms Jahangir was beaten
with batons by the police and publicly humiliated. Jahangir and
another 41 people, including Hina Jilani—the UN special
rapporteur on human rights defenders—were arrested during
the event.
Recently, police in Karachi cracked down on
a number of publications, raiding the offices of several newspapers,
arresting four journalists and several newspaper vendors as well
as confiscating copies of the publications. There is much concern
that the government of Pakistan may be using fears over religious
and sectarian extremism to pressure newspapers and curb freedom
of the press.
Arbitrary arrests and disappearances in the
name of the "war on terror" are frequent. The Anti Terrorism
Act (ATA) was amended to provide for life-imprisonment for supporters
of terrorists—however the ATA seems to be abused by the
Government, resulting in many disappearances, arrests without
trial and cases of torture. There are even reports of a six-year-old
girl being held in prison under the Terrorism Act.
Of major concern is the lack of democratic governance
in Pakistan. A restoration of democracy involving a full shift
from military to civilian governance has not yet occurred; on
the contrary, the role of military in governance has actually
been strengthened and institutionalised. There has also been the
case of at least one para-military group which has been made into
a serious political force by President Musharraf and which is
backed by the military—thus further strengthening the military
control of the government.
The recent local council elections were described
by the opposition as the "most violent and most blatantly
rigged" in Pakistan's electoral history. More than 40 people
died in the two phases of the polls, amid widespread allegations
of rigging and other malpractices both at pre-poll stage as well
as on the polling day itself. One positive aspect was that the
Chief Election Commissioner cancelled the polls results in areas
where women were not allowed to vote. The opposition have expressed
a complete lack of confidence in the ability of President Musharraf's
government to hold free, fair and impartial elections. Some have
also expressed their intention to boycott any further elections
under the government of Musharraf.
This political situation is particularly of
concern considering the Commonwealth's commitment to democratic,
civilian governance and that Pakistan's reinstatement to the Commonwealth
was on the basis of progress made in restoring democracy and rebuilding
democratic institutions.
MALDIVES
CHRI wishes to draw your attention to the Maldives,
due to continued violations of human rights and disregard for
the principles of participatory democratic governance and the
rule of law.
We are pleased to note President Gayoom's public
commitments to reform, and the Commonwealth's provision of technical
assistance. The Commonwealth needs to publicly state its intention
to closely monitor these reforms as international scrutiny, as
well as support, is essential in better ensuring that reforms
become reality within the stipulated timeframe.
However, despite President Gayoom's promises
of goodwill, violations of the Harare Principles continue. Though
the Maldivian government has taken a positive step forward in
allowing the registration of political parties, this has been
undermined by recent events such as the arrests, particularly
targeting members of the main opposition party, which took place
during peaceful demonstrations. We are concerned by reports of
human rights violations, including the use of violence, against
those arrested. We urge that those arrested and charged are given
a fair trial—particularly considering the implications which
these trials will have on the political future of the country.
We are encouraged by the permission granted to the International
Commission of Jurists (ICJ) to observe the trials and hope that
trials are serious, fair and impartial. Anything less than the
highest standards of impartiality and fairness by the judiciary
towards members of the opposition would eliminate any credibility
of the government regarding their claims for striving to achieve
democracy.
Other concerns relate to harassment of the free
press, particularly when the government's actions are criticised;
and restrictions on civil society through delays in registering
human rights NGOs. We must also express our apprehension for the
Human Rights Commission Act ratified on 18 August. While it is
positive that efforts have been made to make the Maldives Human
Rights Commission a statutory body, concerns have been raised
that the Act does not conform to the Paris Principles (the foundation
and reference point for the establishment and operation of national
human rights institutions) and may in effect diminish the authority
and credibility of the Commission.
A clear and strong public statement is required
to send a message to the Maldivian administration and other Commonwealth
nations that actions that violate the Harare Principles are unacceptable
and will not be overlooked by the Commonwealth. Continued silence
implies acceptance and risks damaging the Commonwealth's reputation
for membership being dependent on the principles of democracy
and human rights articulated in the Harare Declaration.
The following is a very recent press release
by CHRI on the current situation in the Maldives:
Trouble in Paradise: What's Wrong in the Maldives?
Media Release from the Commonwealth Human Rights
Initiative, 24 October 2005
In response to strong public protests, President
Maumoon Gayoom of the Maldives has committed his government to
bring about constitutional reform. However, despite these promises,
international human rights and democratic norms continue to be
regularly breached in the Maldives.
The Director of the Commonwealth Human Rights
Initiative, Ms Maja Daruwala stated: "While it is positive
to note that international players, including the Commonwealth
Secretariat, are providing assistance behind the scenes, there
is a disappointing lack of public statements condemning negative
events in the Maldives. Continued silence implies acceptance of
violation of human rights and risks damaging the Commonwealth's
reputation whose membership is dependent on adherence to the principles
of democracy and human rights articulated in the Harare Declaration."
The Maldives is plagued by human rights violations
and disregard for the principles of participatory democratic governance
and the rule of law. The free press faces harassment—particularly
when the government's actions are criticised—and civil society
faces restrictions through delays in registering human rights
NGOs. Concerns have been raised that the Human Rights Commission
Act ratified in August does not conform to the international standards
of the Paris Principles and may in effect diminish its authority
and credibility. The positive step of allowing registration of
political parties has been undermined by arrests that effectively
target the opposition.
Of particular concern are issues of access to
justice and fair trial standards. The Maldives criminal justice
system has been indicted for "systematically failing to do
justice and regularly doing injustice." Observers and studies
done in the recent past including by top British barristers headed
by Sir Ivan Lawrence QC have voiced serious concern about the
lack of separation of powers and the fact that the President is
in control of everything including the judiciary.
In these circumstances, the 10 year sentence
on charges of "terrorism" of Jennifer Latheef on 18
October is an indication of the problems with the judicial system.
Ms Latheef, 32, is an outspoken critic of President Gayoom's 27-year
rule, an uncompromising advocate of human rights and civil liberties.
She has been termed by Amnesty International as a "prisoner
of conscience". Apart from being the human rights coordinator
of the opposition Maldivian Democratic Party, she is also a well-known
youth leader, writer and photojournalist.
Ms Latheef's "terrorism" charge arose
in connection with her participation in a demonstration in September
2003 to protest the custodial deaths of four young prisoners.
Three others involved in the demonstration have already been sentenced
to 11 years jail each. Charges include "the assault of a
number of police officers, plus the torching of government buildings
and an election office". Ms Latheef denies all charges.
The trial itself has been mired in controversy.
Six out of the seven prosecution witnesses against Ms Latheef
were police officers whose statements were not always consistent.
One police officer, for instance, claimed that he saw Ms Latheef
throw a stone at him while he was walking away from her—and
that it hit him on his shin, despite the fact that he had his
back towards her. Despite such lack of credibility, the judge
ruled that Ms Latheef was guilty of terrorism, and has sentenced
her to 10 years in jail. Ms Latheef was immediately taken to the
police headquarters before being transferred to prison, where
she remains.
Ms Daruwala explained that the promised reforms
in the Maldives are undermined by the lack of demonstrable progress,
as well as lack of due process or adherence to standards of fair
trial. Ms Daruwala called for an urgent review of Ms Latheef's
trial and stated: "It is hoped that following such blatant
disregard for human rights, the international community will finally
take decisive action in the Maldives. It is time for action by
the Commonwealth in particular, or the association may face another
situation like in Zimbabwe".
ZIMBABWE
CHRI wishes to draw your attention to the deteriorating
human rights and political situation in Zimbabwe. CHRI condemns
"operation clean up"—a housing demolition operation
by the Zimbabwean government aimed predominantly at opposition-oriented
communities—which has made over 700,000 people homeless
or jobless. A further 2.4 million people are calculated to have
been affected. UN officials have confirmed that demolitions continue
in Eastern Zimbabwe despite claims by the government that these
have ended. Among the people evicted are a large number of women
with HIV/AIDS, widows, children with disabilities and HIV/AIDS
orphans. Starvation deaths have also increased.
The Constitutional Amendment (No 17) Bill was
passed in the Zimbabwean Parliament on 30 August 2005. The Bill
includes derogations to the right to freedom of movement as well
as amendments to the protection of property giving the government
more power at the expense of the citizen. This Bill is a further
indication of the Zimbabwean government's lack of respect for
the principle of constitutionalism and the rule of law as well
as its disregard for the protection of fundamental human rights
and the need by the state to adhere to minimum human rights norms.
CHRI calls on the Commonwealth to speak out
in favour of democracy and human rights in Zimbabwe and to engage
with civil society groups in Zimbabwe and the Zimbabwean diaspora.
Clare Doube
Co-ordinator, Strategic Planning and Programme
Commonwealth Human Rights Initiative (CHRI)
4 November 2005
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