Secretary visited Zimbabwe to express support for a fair environment for elections
much to the protest of the government. The Commonwealth found that there were
“impediments placed in the way of enabling the electorate to freely choose their
representatives” and government sponsored intimidation similar to those reported in
Sri Lanka recently by international electoral observers. Based on this, CMAG took
action although President Mugabe argued that there was no mandate for them to do so
as there had not been a military coup. However, CMAG found that the electoral and
land reform policies of the government were enough to suspend Zimbabwe from the
Commonwealth in 2002. Continuous pressure on President Mugabe resulted in the
Global Political Agreement with Prime Minister Tsvangirai and the MDC-T and the
holding of ‘peaceful’ elections in 2013.
With an electoral environment very similar to that of Zimbabwe reported by the
international electoral observers in September and the continued institutional land
laws of the government, the precedent of Zimbabwe can be cited for swift action in
Sri Lanka. More so, there have been calls to reform CMAG so it may perform its
duties more quickly to act on violations of Commonwealth principles than in the past.
In this regard, it is important to note the recommendations made by Chief Emeka
Anyaoku from 1999-2000. Although they were rejected by the Commonwealth,
perhaps it is time to revisit these recommendations which criticize the Commonwealth
for not taking action in reports of government abuse. The Chief offered the suggestion
of a immediate referral to CMAG based on “triggers” such as compromising the
independence of the judiciary and adverse reports by the Commonwealth Observer
Group regarding a country’s elections, both which have happened in Sri Lanka
according to official reports. In addition, with the introduction of the 2013
Commonwealth Charter, new principles are added which must Commonwealth
countries adhere to, which may justify an expedited process considering the political
situation and reputation of the Commonwealth of having a genocidal state hosting the
CHOGM meeting.
A key addition was the requirement to follow the
Universal Declaration of Human Rights (UDHR) in Article 2, while making specific
regards to freedom of expression in Article 5, separation of powers in Article 6, rule
of law in Article 7, good governance in Article 8, and specific regard to gender
equality in Article 12. In this regard, CMAG action on Sri Lanka based on the
Commonwealth Charter in addition to the Harare Declaration, would set a precedent
for all violators of human rights and genocidal states in the future.
Both Pakistan and Fiji have been suspended twice each by the Commonwealth.
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