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Zimbabwe exit threatens Commonwealth unity

Zimbabwe completely dominated the just-concluded Commonwealth Summit, without even having one of its representatives in Abuja. Even as bitterly divided delegates argued over the best possible course of action regarding Zimbabwe and finally announced an extension of the 22-month-old suspension, Robert Mugabe decided that his country should leave the Commonwealth for good.

The Zimbabwe issue has highlighted the divisions within the Commonwealth, with the so-called "White Commonwealth" pressing its case for Zimbabwe's suspension and African/Asian States calling for a more constructive engagement.

Zimbabwe's supporters, led by South African President Thabo Mbeki, had opposed the continuing suspension, arguing that Mugabe should be encouraged to reform by being reinstated. Mozambique's President Joaquim Chissano warned that isolation would not help Zimbabwe and accused the Commonwealth of adopting tactics of "pressure and punishment." He charged that older Commonwealth members could not understand the situation of those trying to build democracy in states only recently emerging from the rule of "abject racialist powers".

This impasse seems to be the unfortunate result of adopting Western human rights yardsticks to gauge the progress of Third World nations. There is no doubt that democracy should be restored in Zimbabwe, but further international isolation will not help its 12 million people. Mugabe faces a difficult situation, with the majority of arable lands in the hands of minority white settlers and incessant demands by the majority for a fair share of their nation's wealth. It is a complex issue that the world must consider without any preconceived notions.

The biggest danger posed by the Zimbabwe row is the threat of the 52-nation bloc (excepting Pakistan and Zimbabwe) splitting along racial lines. Call it East vs West, Black vs White, but the stark reality is that the established members such as Britain, Australia and New Zealand were on one side of the 'Zimbabwe divide'. The Commonwealth can ill afford a split at a time when critics have labelled it a talking shop that holds little leverage in global affairs.

We hope this is not the end of the road for Zimbabwe in the Commonwealth. It is up to the Commonwealth to ensure that the wounds over Zimbabwe are healed, so that it can once again become a formidable voice in the world.

Protecting human rights

The Universal Declaration of Human Rights, the veritable foundation of human rights law, set out the standards which the post World War II world was expected to reach in terms of the protection and realisation of human rights but the continued use of brute force in the settlement of disputes both at the inter-state and intra-state levels, testifies to the largely failed nature of this nobel undertaking. This is mainly because the irresponsible exercise of coercion is flagrantly violative of human dignity - it indignifies both the perpetrator and the victim of such violence.

In terms of these standards, therefore, the world could be said to have made very little progress despite our not being short of international and local human rights instruments which seek to humanise both global and local society. Today, as we celebrate the coming into being of the Universal Declaration of Human Rights, these thoughts, we hope, would stir the human conscience into remedial action on the world's not too impressive human rights record.

As regards Sri Lanka, one matter from which some satisfaction could be derived is the increasing number of human rights cases which are coming up for adjudication before the superior courts. While this development points to an increasing awareness, among some, of human rights issues, it is also proof of rising human rights abuses, particularly abuses suffered by the public at the hands of State agencies, such as the police and other law enforcers. An issue for study and analysis is whether the increasing adjudication of human rights issues is having a deterrent effect on the concerned violators. Viewed superficially, this doesn't seem to be the case because, for instance, human rights cases are continuing to be filed against the police in particular. Apparently, superior court rulings on fundamental rights violations and the procedures of accountability which have been applied to those with the coercive capability, are not having the desired impact.

The challenge before us is to proceed beyond paying ritual homage to human rights protection. Every segment of society, including the poorest of the poor, need to enjoy their rights to the fullest. Unfortunately, in countries such as ours, only those with the necessary means could fight for their rights through the legal process. The vast number whose rights stand violated, are not in a position to do so because they lack the financial means to fight their cases. As long as this is the case, the increased hearing of fundamental rights cases by the courts cannot be a source of comfort.

We are quite aware that there are organisations which have dedicated themselves to helping those without the means to fight their fundamental rights cases, but these institutions are few in number. Economic equality should be a reality if justice is to be taken to the poor in particular. The State, therefore, should make good its boast that the people are enjoying a degree of economic prosperity.

Besides, every State agency and institution which possess the coercive capability should be subjected to a rigorous process of accountability. If the common people are suffering at the hands of the agents of the State, it is because the latter are not being effectively held responsible for their abuses. The State is, therefore, obliged to exercise countervailing authority, against these bodies and persons if it is really committed to protecting human rights.

STONE 'N' STRING

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