[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 Commonwealths 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 womens 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 Commonwealths 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 Commonwealths
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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