CHOGM leaders discuss human rights commissioner

CHOGM leaders discuss human rights commissioner

David Weber & staff

Updated October 29, 2011 17:11:30

Leaders at the Commonwealth Heads of Government Meeting will tackle the most contentious proposal for reform today when they discuss whether to create a commissioner for human rights and democracy.

Talks on whether to have a charter of Commonwealth values or an independent commissioner will be held in a leaders' retreat session in Perth's Kings Park today.
The leaders have already agreed to give the Ministerial Action Group and the Secretary General more powers to speak out if member states deprive their citizens of human rights or threaten the media or judiciary, or if democracy is threatened through postponing elections.
But the fight for an independent commissioner is tipped to be an uphill battle.
The Action Group will also be empowered to police election rigging and the detention of political leaders, and Commonwealth Secretary General Kamalesh Sharma paid tribute to Australian Prime Minister Julia Gillard for winning approval for those changes.
"Be under no illusion of the ambitious reform achieved by the chair, Prime Minister Gillard," he said.
Ms Gillard says the increased powers are a significant step.
Members of the Commonwealth Eminent Persons Group, which made the recommendations, disagree and have stepped up the pressure for a commissioner.
One, former High Court Judge Michael Kirby, says it is the weaker option.
"Here is a problem with politicians having the first word; they are very busy, they are distracted by home problems and they are subject to rules of deference and courtesy to other member countries," he said.
"What they need is an independent, highly respected member of the Commonwealth working with a talented staff."
Former Australian prime minister Malcolm Fraser says the Action Group will have its limits, and is pushing for an independent commissioner.

Audio: Malcolm Fraser pushes for independent human rights commissioner (AM)

"These people are going to be ministers in governments and that puts restraint on the way things are said and the way things are done," he said.
"That is not a substitute for an independent commissioner or ombudsman who will speak on the broad on issues of human rights and in relation to commonwealth values."
Mr Fraser says it is enormously disappointing CHOGM is unlikely to support the creation of an independent commissioner.
The former prime minister says an independent commissioner should have the power to write reports and make statements about human rights issues in the Commonwealth.
He says the concept should not be seen as way for developed nations to tell poorer countries what to do.
"It's not something that's aimed at Third World countries," he said.
"Because especially since 9/11, some of the developed countries, I believe, have transgressed quite seriously in relation to human rights in the so-called fight against terrorism, their attitudes towards refugees and sometimes in relations to their attitudes towards indigenous people.
"So, it's not only going to be African countries that would be subject to reports; Australia would be subject to report, Canada would, and I think that would be good.
"The drive for basic human rights, the drive for the rule of law, is much stronger than some governments are prepared to recognise."