Pakistan’s second suspension from the Commonwealth in 2007 as a result of failure to
return to democracy had the effect of affecting the transition to democracy and the
first successful democratic transition of power in 2013 after fresh elections (the
suspension had been revoked in 2008). Furthermore, Fiji was suspended in 2009
(ongoing) after the country refused a request to hold elections in 2010. This shows
that there are clear precedents as to suspension of a country from the Commonwealth
when democracy and the rule of law are eroded and we believe Sri Lanka meets that
test.
WHY SHOULD SRI LANKA BE SHUNNED?
The Singapore Declaration of the Commonwealth in 1971 enunciated fourteen key
points related to international peace, rejecting racial prejudice, promotion of equal
rights, and detailing the relationship of fellow Commonwealth nations. This
declaration came into effect 10 years after South Africa’s voluntary suspension from
the Commonwealth due to apartheid. At first look, it is clear to see how South Africa
failed to uphold this declaration. It is also clear how Sri Lanka has failed to uphold
this declaration which is a requirement for membership in the Commonwealth. Article
6 of the Singapore Declaration requires members to implement equal rights and a
democratic political process. Sri Lanka failed to hold a free political process in the
northern and eastern areas for nearly 30 years and the Sept. 2013 elections that were
held were under intimidation and violence according to the international electoral
observers which were on the island at the time.
Article 7 of the Singapore Declaration requires member states ban racial
discrimination and Article 8 goes a step further to oppose colonial domination and
racial oppression. There is no denying that Sinhalese colonialism has dominated Sri
Lankan politics for quite some time as the government has not only instituted the
discriminatory laws mentioned but has participated in racial progroms against Tamils.
Examining census reports from the government released in 2012, we can see a drastic
rise in Sinhalese population from 61,996 in 1963 when the district was formed to
229,000 by 2007. The forcible stealing of civilian land by the Sri Lankan military by
means of intimidation, and mob riots against Tamils linked to government forces are
clear violations of the Singapore Declaration.
In the Federal Court of Appeal (Australia) case of SZITR v. Minister of Immigration
and Multicultural Affairs, [2006] FCA 1759 the Court said that the Tribunal had
found that
the Sri Lankan security forces, including the army, during the relevant period
committed acts of torture against Tamil civilians of such number and routine
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