Good Policing and Right to Information: The cure for Democracy in the Commonwealth? :: Maldives News :: Dhivehi Observer

Feature Article

Good Policing and Right to Information: The cure for Democracy in the Commonwealth?

13 March 2006, by Andrew Galea Debono, Commonwealth Human Rights Initiative

Commonwealth Day, every 13th March, is always a good occasion for us to reflect on the importance of the Commonwealth, on what it has achieved and on what it can achieve. Whilst many still question its relevance in today's world, wondering whether it is just a relic of a colonial past gone by, objectively speaking the Commonwealth can play an important part in helping countries move towards democracy. In the past it played a part in ending the military rule in Nigeria and also played a strong role in the campaign to end apartheid in South Africa.

Nowadays the Commonwealth still plays a low profile but important role in strengthening democracy in certain countries. It does this in several ways such as the Good Offices role of the Secretary-General which is important in conflict prevention and resolution, as well as for post-conflict reconstruction and development, and also by means of different specialised divisions of the Secretariat, different programmes and also Experts Groups which provide support where needed. Many feel, for example, that the new constitution in Swaziland would have not seen the light of day had it not been for the intervention of the Commonwealth. The Commonwealth is also providing support to the Maldives to help them achieve the proposed reforms that would bring democracy to the country.

The are certain issues which can contribute to creating a climate where democracy can flourish, such as realising people's right to access government-held information. Another issue is people's ability to access justice, which specifically means the provision of efficient, impartial and accountable policing. While disparate, these two points would contribute to putting an end to problems such as state-sponsored intimidation of members of the opposition and the independent media, lack of accountability of the government and government agents, such as the police, and widespread corruption.

Governments which operate in secrecy are often less likely to be accountable to their citizens and have more opportunity for arbitrary actions and corruption. The Commonwealth has the capacity to promote and encourage the enactment of right to information (RTI) legislation in those countries that don't already have such a law – or encourage it to improve in countries where it exists but is not yet as efficient as it could be. Not only does the Commonwealth have the capacity to do so, but it actually has an obligation to do so – in 2003, Commonwealth Heads of Government stated that the right to information was in fact one of the objectives that they seek to promote.

Recognising and implementing the right to access information is a simple - but extremely useful - step towards open, effective and responsive governance. The right to information is also essential to facilitating meaningful participatory development. For a relatively small cost and investment of time, entrenchment of an effective access to information regime increases government transparency and reduces corruption, and thereby supports economic growth. The expert knowledge and best practice available around the Commonwealth can, and should, be used by those countries that would like to enact RTI legislation.

Policing is another very important human rights issues facing the Commonwealth today. Over the last few years, more and more support has been building for the Commonwealth to take a serious look at the policing within its borders. It seems that the Commonwealth Secretariat is considering putting together a Commonwealth Expert Group on Policing. The Expert Group would build on the Secretariat's work on police training in West Africa, which it has been conducting through its Human Rights Unit.

Commonwealth Expert Groups have an excellent record of pulling together skilled authorities from around the Commonwealth and making recommendations that have influenced both members of the Commonwealth and the wider international community. The creation of an Expert Group is a real chance for the Commonwealth to positively impact on the lives of its communities, and to also showcase best practice examples of democratic policing to the rest of the world.

Last year, both the Commonwealth People's Forum and the Commonwealth Human Rights Forum called on the Commonwealth to "establish a Commonwealth Expert Group on policing to develop guidelines on training, accountability mechanisms, legal regimes and mutual professional support to ensure democratic policing." In meetings, government delegations also expressed support, and in their 2005 CHOGM communique', the Commonwealth Heads of Government urged member countries to ensure that "national poverty reduction frameworks and development assistance programmes include measures to build effective and accountable security and justice sectors, particularly in countries affected by conflicts."

The capacity for the Commonwealth to help its member countries is there and such help is feasible. Days like Commonwealth Day should remind us of this and encourage citizens and civil society to ask for the help necessary to see their society flourish in democracy, freedom and good will. The Commonwealth is not an association of the past but is still very much alive and active today and can assist its members to achieve the democracy their citizens so deserve.