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