[LINK] Charter of the Commonwealth

stephen at melbpc.org.au stephen at melbpc.org.au
Tue Jan 10 18:45:29 AEDT 2012


The Commonwealth of Nations

http://www.dfat.gov.au/intorgs/commonwealth/index.html

Public submissions for the Charter of the Commonwealth

At the 2011 Commonwealth Heads of Government Meeting (CHOGM) in Perth 
Commonwealth Leaders agreed to the creation of a Charter of the 
Commonwealth.

** The Department of Foreign Affairs and Trade welcomes submissions from 
individuals or groups on issues relevant to the drafting of a Charter of 
the Commonwealth. **

Submissions will feed into the drafting process for the creation of a 
Commonwealth Charter which will then be considered by Commonwealth member 
nations in 2012.

All submissions will be made publicly available on the Department of 
Foreign Affairs and Trade website unless the author specifies that all or 
part of the submission should not be made available to the public.

Submissions or comments may be submitted by email to CHOGM at dfat.gov.au or 
by post to the following address:

UN and Commonwealth Section
Department of Foreign Affairs and Trade
RG Casey Building
John McEwen Crescent
BARTON ACT 0221

General guidance on preparing submissions

The Department of Foreign Affairs and Trade welcomes constructive public 
submissions and comments on issues relevant to the drafting of a Charter 
of the Commonwealth.

Submissions will be accepted from Monday 9 January 2012 and close on 
Friday 17 February 2012.

Submissions can be in several forms — from a short email through to 
longer papers (maximum of three pages).

Authors should inform the Department of Foreign Affairs and Trade if they 
require their submission to remain confidential — all submissions will be 
made available in full on the Department of Foreign Affairs and Trade 
website unless the author specifies otherwise. 

Copyright in the submission resides with the author(s), not with the 
Department of Foreign Affairs and Trade.


A draft Charter of the Commonwealth ..

http://www.dfat.gov.au/intorgs/commonwealth/draft-charter-of-the-
commonwealth.html

"A draft Charter of the Commonwealth"

We the people of the Commonwealth of Nations

Preamble

REMEMBERING the historic evolution that, by the wisdom and resolve of our 
forebears, transformed an imperial dominion over our nations and peoples 
into a free association of member nations to which we, the peoples of the 
Commonwealth of Nations, belong; 

RECALLING the sacrifices and struggles, the pain and sorrow of earlier 
times and the achievement of the independence of our nations within the 
Commonwealth, each nation responsible for its own laws, practices and 
policies but co-operating in the Commonwealth in the interests of their 
peoples and promoting the objectives of international understanding and 
world peace; [Harare, par.2];

CELEBRATING the shared experiences of history and language [Harare, 
par.3], similar institutions and aspirations and including peoples of 
many different races and origins, encompassing every state of economic 
development and comprising an unequalled variety of races, origins, 
cultures, religions, traditions and institutions of the world [Harare, 
par.(2)].

MINDFUL that economic and social development must remain a primary and 
urgent goal for the great majority of the people of the Commonwealth and 
therefore of the Commonwealth itself; 

RECOGNISING that the Commonwealth today comprises more than 50 nations; 
more than 2 billion people; and more than 1 billion young people who have 
a special potential to promote development, peace and democracy, to 
uphold Commonwealth values and to achieve the Commonwealth’s aspirations 
for the future which they will further inherit and determine; 

REJOICING in the family of nations and peoples that is the Commonwealth 
and cherishing the links that connect our nations and peoples together in 
friendship for one another, at peace with the world; 

DETERMINING that, in each succeeding generation, we will strengthen the 
bonds that connect us together and broaden and deepen our links of 
friendship, co-operation, trade and shared values and aspirations; 

ACKNOWLEDGING the Universal Declaration of Human Rights adopted by the 
General Assembly of the United Nations in 1948, whose proclamation 
coincided with, and heralded, the birth of the Commonwealth itself in its 
present form; and 

AFFIRMING that we will support each other in the observance of the Values 
and Aspirations of this Charter, both in the Commonwealth and throughout 
the world 

NOW SOLEMNLY RESOLVE by the decision of the Heads of Government of the 
Commonwealth of Nations made on our behalf and in our own name, to 
uphold, preserve and defend the Values and Aspirations of the 
Commonwealth as declared in this Charter. 

Values of the Commonwealth

1. We believe in international peace and security, recognising that the 
scourge of war, genocide and conflict has brought untold loss and sorrow 
to humanity [UN Charter, Preamble 1] which the Commonwealth helps seeks 
to avoid and repair. We pledge our support for the United Nations and 
other international institutions in the search for peace, disarmament, 
development and the promotion of international consensus on major global 
political, economic and social issues [Harare, par.9(n)].

2. We believe in economic growth and development throughout the 
Commonwealth, recognising their special importance for the transformation 
of our nations, the elimination of poverty, the removal of disparities 
and unequal living standards, and the strengthening of all of these 
changes in every land [TT, par.5(a) and (h)];

3. We believe in an effective multi-lateral system for the maintenance of 
our global relationships, based on inclusiveness, equity and 
international law and in the strengthening of the United Nations as the 
surest foundation for achieving securing global peace, equity and justice 
in the challenges that face the world;

4. We believe in democracy as the central principle for governance of our 
own nations and the safest means of resolving disagreements at home and 
in the world:

4.1 We re-affirm our belief in the inalienable right of Commonwealth 
citizens to participate, by means of free and democratic political 
processes, in shaping the societies in which they live; 

4.2 We believe that governments, political parties and civil society have 
vital responsibilities for upholding and promoting a democratic culture 
and practices in all nations of the Commonwealth; 

4.3 We believe in the accountability to the people of all those who hold 
public office, whether elected or appointed; and 

4.4 We recognise that parliaments and local government and other forms of 
national, regional and local governance are essential elements in the 
exercise of true democracy throughout the Commonwealth [TT, par.5(b)]; 
and 

4.5 We recognise that electoral integrity is essential to entrenching 
democratic processes and accountability [TT, par.11]. 

5. We believe in universal human rights and that they are applicable to 
all persons throughout the Commonwealth in accordance with the principles 
of international law: 

5.1 We re-affirm our commitment to the Universal Declaration of Human 
Rights of 1948 and to human rights covenants and instruments that declare 
the universal rights of all; 

5.2 We believe that equality and respect for the protection and promotion 
of civil, political, economic, social and cultural rights for all, 
without discrimination on any grounds, are foundations for the creation 
and maintenance of a peaceful, just and stable society; and 

5.3 We believe that all these rights are universal, indivisible, inter-
dependent and inter-related and that they may not be implemented or 
denied selectively [TT, par.5(c)]. 

6. We believe in gender equality, re-affirming that such equality and 
empowerment are: 

6.1 A requirement of the universal principles of human rights [Harare, 
par.9(b)]; 

6.2 Essential for human development; and 

6.3 A pre-condition, through the advancement of women’s rights, for 
effective and sustainable development throughout the Commonwealth [TT, 
par.5(i)]. 

7. We believe in tolerance, respect and understanding among all peoples 
in the diverse nations of the Commonwealth: 

7.1 We recognise that such values strengthen both democracy and 
development; 

7.2 We realise that respect for the dignity of all human beings is 
essential to the promotion of peace and prosperity; and 

7.3 We acknowledge that unjustifiable discrimination against individuals 
or groups impedes the attainment of the values of the Commonwealth and 
demands proper correction and redress [Harare, par.4(b); TT, par.5(d)]. 

8. We believe that good governance throughout the Commonwealth is 
essential to the attainment of these values in all member nations: 

8.1 We commit ourselves to ensuring integrity, transparency and 
accountability in the governance in our own countries and in the organs 
of the Commonwealth itself; and 

8.2 We pledge ourselves to strive, by effective and cooperative means, to 
root out systemic and systematic corruption of those who hold power over 
others, both at national and international levels [TT, par.5(k)]; 

9. We recognise the importance of maintaining the integrity of the 
distinctive functions of the Legislature, the Executive and Judiciary 
[TT, par.5 (e)];

10. We believe in the rule of law as an essential protection for the 
people and an assurance of limited and accountable government: 

10.1 We recognise that, in each nation of the Commonwealth, the 
Legislature, the Executive and the Judiciary have distinctive roles to 
fulfil as guarantors of the rule of law; 

10.2 We assert that access to justice and to an independent judiciary is 
among the universal rights belonging to all peoples and that it is 
fundamental to the maintenance of the rule of law; 

10.3 We acknowledge that the rule of law implies that the content of law 
should conform to universal human rights and to the principles of 
lawfulness, justice and reasonableness; and 

10.4 We believe in the enhancement of the rule of law by effective, 
transparent, ethical and accountable governance throughout the 
Commonwealth, by the appropriate sharing of legal materials and by 
undertaking and promoting systematic reform of the law [TT, par.5(f)]. 

11. We believe in human diversity and human dignity and we oppose all 
forms of discrimination whether it be based in race, ethnicity, creed or 
gender or other like cause [Coolum report, par.3]. We believe in freedom 
of thought, conscience and religion and oppose discrimination upon any 
such ground [UDHR, art. 18]

12. We believe in the important role functions that civil society and the 
media of communications plays in our communities and nations: 

12.1 In affording opportunities to the people of the Commonwealth to 
express their civic freedoms and to fulfil themselves as citizens and as 
human beings; 

12.2 In enhancing the pursuit of freedom and happiness in life in all 
Commonwealth countries [TT, par.5(l)]; 

12.3 In promoting and supporting these Commonwealth values; and 

12.4 In advancing the attainment of these Commonwealth aspirations. 

13. We believe in the strengthening of civil society and of the 
organisations that, individually and collectively, can give expression to 
these Commonwealth values and aspirations, and help harness our shared 
historical, professional, cultural and linguistic heritage [Harare, 
par.11] in an abiding spirit of co-operation and mutual support [Harare, 
par.12].

14. We believe in access to shelter, health care, education [Harare, par.9
(d)] and work for all peoples of the Commonwealth; and in the fulfilment 
of the universal principles of human rights as essential means to 
alleviate poverty; to promote sustainable development [Millbrook, par.6]; 
and to uphold justice in every land [Harare, par.9(e); TT, par.5(j)].

15. We believe in mutual support in times of natural calamity or where 
peace building is needed [Youth Declaration TT, pmbl 2]. We commit 
ourselves to the proper protection and defence of the natural environment 
and to equity, sustainability and diversity in our planet and for all 
living creatures that make it up. [TT 12]. [Declaration Port of Spain: 
Partnering for a More Equitable and Sustainable Future: Release 29 Nov 
2009].

Commonwealth aspirations

16. We aspire to a Commonwealth that is in harmony with the future: an 
association that draws on its history; utilises its strengths; pursues 
the common interests of its members; and seizes the opportunity to help 
to them and others to shape a better world [Coolum, par.8).

17. We aspire to a Commonwealth that is foremost in the elimination of 
poverty, unjust discrimination, powerlessness and despair. We pledge 
ourselves, through the Commonwealth, to contribute to the enrichment of 
life for peoples everywhere and to provide a powerful influence for 
peace, development, good governance and human rights throughout the world 
[Singapore, par.14].

18. We aspire to a Commonwealth that builds on its strengths but is 
unafraid to evolve and to adapt itself constantly prepared to adapt to 
changing times and fresh challenges [Coolum, par.8].

19. We aspire to good relations between our nations so that they are 
conducted in accordance with the values of the Commonwealth and 
consistent with the principles of consensus and common action, mutual 
respect, inclusiveness, transparency, accountability, legitimacy and 
responsiveness that mark the Commonwealth out amongst international 
associations. [TT, par.6].

20. We aspire to an enlarged role for the Secretary-General of the 
Commonwealth [Millbrook, par.4] and the Commonwealth Secretariat in 
promoting and upholding the Commonwealth’s values; in supporting 
adherence by our countries to such these values and principles; in 
preventing and settling any conflicts that may arise; and in giving voice 
in the Commonwealth and in the world to these values and aspirations to 
which we pledge ourselves.

21. We aspire to give affording practical assistance and technical aid to 
build the capacity of the public and private institutions in Commonwealth 
countries that uphold Commonwealth values and to strengthen the 
institutions of member countries so as to ensure the attainment of our 
values and the avoidance of all violations [Millbrook, par.2], CMAG 
[Millbrook par.3]

22. We aspire to an effective role for the Commonwealth Ministerial 
Action Group (CMAG) as the special custodian of the Commonwealth’s 
values. We call on CMAG to respond and deal promptly and effectively and 
promptly with all instances of serious or persistent violations of 
Commonwealth values; to adopt measures designed to prevent such 
violations from occurring and to pronounce and act upon them, including 
in public as appropriate, so that the commitment and resolve of the 
Commonwealth to abide by its values will not be put in doubt [TT, par.8].

23. We affirm that, in the face of serious or persistent violations of 
the values expressed in this Charter, silence on the part of the 
Commonwealth is not an option [EPG, 26 October 2010].

24. We recognise the particular vulnerabilities of small island and 
developing states [Millbrook, par.6(e)] as well as the urgent need for 
concerted action by the international community to address their special 
needs. We aspire to a Commonwealth that will pursue innovative and 
practical support for small states and recognise its role as a special 
and effective voice at international forums for the small and vulnerable 
states of the world [Coolum, par.7; pars. 37 and 38].

25. We aspire to immediate progress consistent with Commonwealth values 
that will transform the Commonwealth in ways that seize the opportunities 
and respond effectively to the challenges of our time: 

25.1 By enhancing the role that the youth of the Commonwealth will play 
in the governance, institutions and diverse voices of the Commonwealth, 
acknowledging that the future of the Commonwealth belongs to them; 

25.2 By increasing the linkages of the people of the Commonwealth through 
new information technology so that the shared means of communication and 
our common use of the English language will enhance national, individual 
and group relationships, promote national and international understanding 
and strengthen the ties of friendship; and 

25.3 By promoting the advantages of the freest possible multilateral 
trade within the Commonwealth [Harare, par.9(f)], utilising the shared 
media of language, legal, educational, sporting [Harare, par.9(h)], 
professional and other commonalities so that our unique global 
association will become a true commonwealth for all its peoples linking 
together economies rich and poor, large and small, developed and 
developing, to the benefit of the economic progress of all; to strengthen 
economic capacity and resilience so as to support and advance 
Commonwealth values and aspirations and the wellbeing of all Commonwealth 
citizens. 

26. We aspire to a Commonwealth that will be a strong and respected voice 
in the world, speaking out on major issues; committed to strengthening 
and enlarging the many networks that already exist; dedicated to raising 
the profile of the Commonwealth in the world; and devoted to improving 
the lives of the peoples of the Commonwealth and thereby of humanity 
everywhere.

27. And we aspire to strengthen the Commonwealth as a free association of 
peoples who are represented in its councils and agencies by 
democratically elected and appointed leaders, served by uncorrupted 
officials, based on these abiding values and aspirations and organised to 
give primacy to the people of the Commonwealth in whose name this Charter 
is expressed. 

DONE at-------------------, this------day of----------20-- , in the name 
of the peoples of the Commonwealth of Nations, and in the presence of the 
Head of the Commonwealth.

(Signed) by Commonwealth Heads of Government

--

Cheers,
Stephen



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