Note that a lack of information leads to a lack of accountability.
Note the importance of an independent judiciary to the realization of human rights, and that
therefore the judiciary must be sensitized to human rights. In addition, participants agreed
that for free and effective networking and activism for human rights, some particular
thematic areas of concern must be considered, namely: a rights framework that ensures
enjoyment of rights that facilitate this activism; the provision of an enabling environment
through rights-friendly laws and practices; and ensuring that the excuse of security concerns
is not used to justify restrictions on civil liberties and civil society space.
In relation to an enabling rights framework, participants:
Recognise that the genuine realization of a range of rights is essential for the health of civil
society, including: freedom of association, assembly, expression and information. Note that
all government policies must conform to international and national human rights standards.
Note that as well as an enabling legislative framework to provide space for civil society, the
broader environment must be conducive to the full enjoyment of these rights. Note the
importance of varied players in civil society, including the importance of the media to freely
source and impart information, which is crucial to the development of a genuinely democratic
form of governance.
In relation to the legislation, rules and regulations that regulate civil society,
participants:
Recognize that abiding by good governance principles ensures the legitimacy of civil society.
Note that legislation must contain clear definitions, objective criteria and open processes for
the creation and working of civil society organizations, and is not designed to control the
breadth of their activities.
Note that the process of developing legislation must include civil society in a meaningful way.
Note that certain countries’ laws, such as those relating to the funding of organizations,
particularly related to receiving foreign funding, place undue restrictions on the work of
legitimate civil society organizations. Further note the disturbing practices in some
Commonwealth countries to deregister or limit the activities of civil society organizations that
focus on advocacy and human rights activities, particularly when they have taken a critical
stance.
In relation to security issues, participants:
Recognize the duty of the state to provide safety and security, but were deeply concerned at
the trend of governments to curb civil liberties and civil society activities and particularly
target dissenting voices on the excuse of terrorism and security. Such attacks on civil liberties
of citizens can never be justified.
Note with concern the many countries, recently including Australia and United Kingdom,
where anti-terrorism legislation has been passed or proposed that violates human rights
standards and that increases repressive measures such as prolonged detention without
charge and risks criminalizing certain communities.
Note that the lack of adequate oversight of police and security forces in many countries
means that these agents of the state continue to act with impunity, which in turn leads to a
loss of trust by the community. Participants discussed the human rights situation in a number
of Commonwealth countries, but felt that the crisis in some specific countries deserved
particular mention and as such draw the attention of the Commonwealth to Uganda, Maldives
and the former Commonwealth country Zimbabwe:
47
Select target paragraph3
Add to table of contents