Commonwealth Human Rights Forum Address

Date: 21 Nov 2005
Speaker: Secretary-General Don McKinnon
Location: Malta

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I am delighted to participate in the Commonwealth Human Rights Forum. This is a gathering that is - at its heart - concerned about people as individuals and people as communities. And you also see a positive role for the Commonwealth as an organisation based on principles, and as an effective global network with great potential. So, you and I are very much singing from the same song sheet.

When I first became Secretary-General , I said that human rights would be one of the cornerstones on which I would build my commitment to the Commonwealth. There has been some good progress thanks to a lot of committed people working together. There is obviously still more to be done, and there is new work in the pipeline. I will comment a bit on that in a few minutes.

At the core of my vision of better Commonwealth societies are the people of the Commonwealth in villages, towns and cities. And therefore, protecting and promoting the fundamental human rights of individuals - whatever they do and wherever they call 'home' - is central to the Commonwealth's work. It follows that every step we take to raise the level of human rights standards must be relevant and bring meaning to peoples' lives. Every time we introduce a new model of good practice at the macro level, we must also ensure that it brings about positive change at the micro level.

I know one cannot eat human rights but they must be seen to be as important as the availability of the food we eat or the air we breathe, and as beneficial for human life.

Another core aspect of this Commonwealth vision is the need to raise awareness about fundamental human rights. We are all born with rights, but we are not all born equally aware of those rights, or equally able to access or articulate them. Finding ways to be clear about the nature and limits of rights of the Executive, Legislature, Judiciary, and individuals is important. So, too, is the need to ensure that rights are seen as coming with responsibilities. And, I should add that the fourth estate - the media - is not excluded from any of what I have just said.

The Commonwealth is made up of 1.8 billion people, nearly half of whom are young people. We need to get the message through to them especially.

We have all witnessed in recent times an upswing in an appalling violation of human rights, that being indiscriminate and murderous targeting of innocent people: terrorism. Commonwealth members have rightly condemned these acts in the strongest manner. And the Secretariat I lead has assisted members in practical ways to respond, for example with model counter-terrorism laws, and training of law enforcement officials.

However, we have also been careful to build into such materials and training an acknowledgement that there is a risk, in taking counter terrorism measures, of eroding the very values that one is supposedly defending.

The Commonwealth Secretariat has kept that in mind within the four focal streams of our human rights work. It is worth my recalling what those four are, so that you have a clear sense of where we can work together, those four being: Firstly, to strengthen the legal protection of human rights at the national level;

Secondly, to set up and strengthen national and international human rights institutions;

Thirdly, to mainstream human rights into all aspects of the Secretariat 's work; and finally,

To drive home a strong and bold message that fundamental human rights are just that - fundamental and indivisible, not something that can be salami-sliced or chosen a la carte. Creating public awareness and giving leadership in public policy is crucial.

 

Almost five years ago, I set up the first dedicated Human Rights Unit in the Commonwealth Secretariat . It has given us our own team of experts, and given them the space to put into practice those four streams of activity. The Unit has since been active on all these fronts. And certainly your support for that Unit is appreciated.

This year, the Secretariat was also asked by the United Nations High Commissioner for Human Rights to translate into Chinese our 2001 publication on best practice in national human rights institutions. This is a great endorsement of the Commonwealth's work in this area and the role we have to play on a global scale.

That said, there's more to be done and more we can do. The Commonwealth cannot claim global leadership until its own house is fully in order.

The Harare Declaration of 1991 and the Singapore Declaration two decades earlier gave us collectively a Commonwealth roadmap. Our common strategic goals included, and still do, the protection and promotion of democracy, fundamental human rights, and equality for all citizens.

But, let me pause there for a moment on the Harare Declaration which also talks at length about racism. Remember that the Declaration occurred at a time in history when we were contributing in our own way to the conclusive end of apartheid in South Africa .

The Declaration says, and I quote,

"…we recognise racial prejudice and intolerance as a dangerous sickness and a threat to healthy development, and racial discrimination as an unmitigated evil."

Unquote.

Rarely were truer words spoken with greater importance and impact. Yet there are still Commonwealth members today that have not ratified the Convention on the Elimination of Racial Discrimination - the international instrument that converts our strongly held Commonwealth principle into broader international law. It's almost unbelievable, and we can take no satisfaction from that, let alone claim to moral leadership globally.

In similar vein, you will be aware that next year will mark the fortieth anniversary of when the International Covenant on Civil and Political Rights was opened for signature, along with the International Covenant on Social, Economic and Cultural Rights. These two parallel conventions then entered into force at international law nearly 30 years ago, and are widely adhered to today. They are broadly acknowledged to express universal and fundamental human rights standards - the world's bottom lines. With the exception of the Universal Declaration of Human Rights, one simply don't get more basic in international human rights law than these two conventions.

Most Commonwealth countries have signed and ratified them. But there are about 18 members that have not, and in my view that is exactly 18 too many. We cannot show world leadership or take full credit for all the great work we do internationally on fundamental human rights until the day when all our members have these two conventions under their belts.

My point, then, is not just about what we do and how it is seen positively. It is also that what we don't do diminishes the positive light in which the Commonwealth can be seen.

I have been strongly encouraging those members which have not yet signed these two conventions to review their positions. I have also been encouraging some to use the technical assistance we can provide to help the ratification and implementation process, since in some cases it is a matter of insufficient capacity, rather than any policy or political constraint. Signature and ratification of the conventions would represent a clear indication of a country's commitment in the 21 st century to our shared human rights principles.

As with many of our objectives in the Commonwealth, we will always keep 'raising the bar'. Because every time we raise the bar, we protect better the interests of the man and woman and child in the street within the Commonwealth. So let m e go further. I think it possible to see a day where ratifying the two international conventions on political and socio-economic rights becomes the minimum standard for becoming a full Commonwealth member.

Ratification of them and perhaps several others - such as the convention on the elimination of racial discrimination (CERD); discrimination against women (CEDAW); the rights of the child (UNCROC); and maybe even the statute of the International Criminal Court - could become part of the human rights yardstick against which full Commonwealth membership is measured. Frankly, without such commitments in place, the weight and significance of the Singapore and Harare Declarations risk being called into question.

I am conscious that, with so many human rights conventions now in existence, there is an almost overwhelming weight of reporting required. I am pleased to have been able to enhance this year a strategic partnership with the UN High Commissioner for Human Rights. That has allowed us to cooperate on such matters. And I am also pleased to see that there is ongoing work at the UN in Geneva to find ways to reduce the reporting burden, and to support it better where it cannot or should not be avoided. After all, accountability remains very important in the area of human rights.

This Friday, Commonwealth Heads of Government will be gathering to deliberate on the challenges of the years to come. This year's theme, "Networking the Commonwealth for Development", recognises the need to reach beyond national borders, and to develop strategic partnerships. That applies as much in the area of protecting and promoting fundamental human rights as in any other area of our work.

Ladies and Gentlemen, thank you again for giving me time to talk to you this afternoon. If I can leave you with one message, it is to encourage you to keep going with the work you are doing, and to keep using the Commonwealth's networks. You are raising awareness and delivering results in an area that is absolutely critical. By doing so, you help my efforts within the Secretariat . And, together, our efforts can produce benefits for all people of the Commonwealth.

 

Thank you.

 

 

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