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Sunday, April 28, 2024

The Role of Commonwealth Parliamentarians in Safeguarding Political and Civil Space

Posted in: Constitutional Law
Thu, Feb 21, 19, 12:08, 5 Years ago
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As Parliamentarians, we remain the guardians and protectors of fundamental rights, and always need to ensure we are fulfilling our many responsibilities, as legislators, representatives and role models. to uphold the rights set out in the Declaration, particularly as regards safeguarding political and civil society space.

The 70th Anniversary of the Universal Declaration of Human Rights is a welcome opportunity, not only to celebrate its adoption and the progress made since in realising the rights of millions of people the world over, but also to reflect on its continuing relevance today — including for Parliamentarians throughout the Commonwealth.

As Parliamentarians, we remain the guardians and protectors of fundamental rights, and always need to ensure we are fulfilling our many responsibilities, as legislators, representatives and role models. to uphold the rights set out in the Declaration, particularly as regards safeguarding political and civil society space.

The Universal Declaration was, of course, the product of a particular time in history — a way of coming to terms with, and envisioning an alternative to, the horrors of the Second World War, when the wholesale violation of fundamental rights in a number of countries dragged much of the world into an armed conflict which resulted in the death, abuse and exploitation of millions. and even an attempt to annihilate an entire people.

The Declaration was meant to herald the advent of a new world, one in which there would be a common understanding of, and respect for, fundamental rights, including the rights to life, liberty and security of the person; the right not to be subjected to torture or other cruel. inhuman and degrading treatment; equality before the law; the presumption of innocence; freedoms of religion, expression, assembly, and association; the riqht to education and the right to an adequate standard of living.

It was also one of the first real attempts to elaborate what human rights meant in practice — or as it says in the Declarations preamble, to set out “a common standard of achievement for all peoples and all nations. ”

But the Declaration is not just a relic: it remains a contemporary benchmark for human rights today. Everyone, at all times, wants to be treated with dignity and to live in secure, peaceful. inclusive and prosperous
societies.

The importance of these rights has also been universally recognised by states, which are now obliged to respect, promote and protect them, including through the adherence to an even more detailed treaty system and related mechanisms which have since evolved. And for all countries. the realisation of fundamental rights continues to be a work in progress.

There is much to celebrate: many more people can elect their representatives and participate in politics; many more can participate freely in peaceful demonstrations and come togetherwith the like—minded to advance a particular cause or policy; many more children go to school; many more have an adequate standard of living; and many have access to some form of remedy or redress when their fundamental rights are violated.

And yet, rights continue to be systematically violated, resulting in many victims. Right now, the plight of the Rohingya, the Syrians, the Yemenis, and refugees come immediately to mind.

Parliamentarians have a special role to play in raising awareness of, upholding. and protecting the fundamental rights enshrined in the Universal Declaration, and the anniversary is an opportune time to remind ourselves of our duties in that regard, and particularly to keep political and civil space open and inclusive.

We cannot escape the growing trend of authoritarianism the world over which has resulted in peaceful dissent, criticism and scrutiny being crushed in too many countries — and the shrinking of space for political opposition and civil society.

Democracy is. of course, built upon the non—violent mediation of competing needs, opinions and beliefs, as well as inclusive and participatory governance. That requires space for different people with different backgrounds and views to have a meaningful stake and part in their governance. Without this space being created and protected.

underpinned by respect for the fundamental freedoms enshrined in the Declaration, such as freedom of expression, association, and assembly, democracy cannot exist. Parliamentarians are, and must be, at the heart of any democratic system — as the elected representatives of the people. It is vital therefore that we ensure the political space in our Parliamentary systems is used for the benefit of all, and allows us to represent all our constituents, and to bring up and address their rights violations.

Effectively we are messengers and conduits — from our constituents to relevant authorities, who do not always get things right and who, whether intentionally or not, may be responsible for serious rights violations. We need to make sure we use our privileged access to speak out, particularly for those who may otherwise remain voiceless.

As legislators. we must also check that our domestic legislation complies with our country‘s national and international human rights obligations, and fosters an open, inclusive and enabling environment for political activists and civil society.

Legislation which makes it harder — or even unlawful — for people to scrutinise and criticise Government policy. for civil society to organise and fund itself, for trade unions to protect their members does not respect fundamental rights, and does not result in freedom, security and equality.

As Parliamentarians we need to rememberthat whatever short—term gains a Government may have in rigging its legal system to shut down criticism and entrench itself in power — in blatant disregard of the Universal Declaration and related treaties, peace, security and prosperity are likely to be sacrificed in the longer—term. We have to be vigilant therefore against attempted and unwarranted encroachments by the Executive into political and civil society space.

The way we conduct our business in Parliament, whether as representatives or legislators, is also important. We have to ask ourselves whether our Parliamentary discourse is rooted in equality, liberty and justice for all, or is potentially inflammatory — seeking to divide, destabilise and endanger. Any attempt to single out any group or minority as less deserving of fundamental rights — and/or less worthy of political inclusion - should immediately ring alarm bells.

l understand the passion behind politics. It is what gets us, and keeps us, going day after day — despite the many challenges and set-backs we face. l lost of us enter into politics because we are genuinely passionate about improving conditions for our constituents, communities and countries — and believe that our political approach is the best way to achieve this. We therefore want to persuade and encourage others to buy into our ideas, policies and programmes.

But for democracy to work, we need to be tolerant of diverse points of view. People have to be free to express these, to meet with others to discuss and explore these, and tojoin with others to criticise and protest peacefully when they do not agree with the Government's and/or our direction of travel.

If we as Parliamentarians truly value democracy and fundamental rights, we have to value opposition, criticism, and equality before the law. Peaceful political opponents and critics therefore need to be respected, as well as given the space within Parliament to be heard and to engage.

That means not delegitimising, stigmatising or demonising them — by referring to them in derogatory terms, such as idiots, enemies, traitors or even terrorists. That means arguing on the basis of opinions and policies, not about legitimate political affiliation, background, ethnic origin, faith or race. That means working together when an issue or concern transcends party politics.

I am sad to say that not all UK Parliamentarians have adhered to these stipulations, particularly in recent months during the particularly heated debate about the country's planned departure from the European Union. l am concerned that the disparaging language and violent imagery being used now will only serve to lower the bar in future in terms of what becomes the norm, and is deemed acceptable, in political debate.

As regards our Parliamentary procedures: we have to ask ourselves whether they allow the opposition and backbenchers to play a meaningful role in Parliament — can these Parliamentarians, for example, question Ministers, lead and participate in Select Committees and table debates and questions? We also have to ask ourselves whether they discriminate, purposefully or not, against any particular group or individuals. lf so, we need to look again so we can allow the widest range of people to stand for Parliament and fulfill their Parliamentary mandates, and to follow and get involved in what Parliament is doing.

In the UK Parliament, diversity is improving, as is outreach, including through social media — but that doesn’t mean we don’t have furtherto go anda lot to learn. All of us within the Commonwealth should be identifying and sharing best practice in this area.

In terms of wider engagement with civil society in its broadest sense, such as academics, NGOs. community leaders, faith»basedgroups, indigenous groups, charities, and trade unions, land many of my colleagues meet with as many of them as we can, as often as we can, to find out what they think about draft policies and how they are being affected by current policies. These exchanges with those with relevant expertise or experience are, in fact, welcomed because they allow us to develop broader perspectives and greater expertise on topical issues and concerns.

l understand the considerable time pressures that we as Parliamentarians face but strongly believe we have to make the time and the space for civil society — and to constantly stress the legitimacy of their work. It is the right thing, and the smart thing: another very tangible way of upholding the fundamental rights set out in the Declaration, and also making us much better at what we do.

Like it or not, we are potential role models in our communities too, and must be mindful of using that influence in a positive way — including in how we speak to and treat each other, our constituents, civil society representatives and the wider public.

But being a role model is more than that: we have to be brave — by engaging with, and opening up political space for, those in our societies who are marginalised or persecuted, and championing their rights.

It takes courage and determination to support those who are looked down upon and even ostracised by wider society. Tragically every society seems to have engrained preiudices against certain people, often those on the margins, such as the homeless. substance abusers. refugees and/or prisoners.

It takes courage anddetermination to get people to recognise our common humanity to understand the universality of rights, and to appreciate that political space has to be trulyinclusive.

In this light, and in the centenary of his birth, let us remember and honour Nelson Mandela, an individual and latterly a Parliamentarian who personified the ideals of the Declaration and, in his own words, strived to uphold “the idea/of a democratic and free society in which all persons live together in harmony and with equal opportunnites. ”

There are also many invisible Mandelas, referred to more widely as human rights defenders, often risking their freedom and sometimes even their lives to uphold the rights of others, including the most vulnerable, who merit and require the recognition and support of Parliaments and Parliamentarians, particularly given the Q0“ anniversary of the UN Guidelines on Human Rights Defenders.

Finally, given that Parliamentarians are at the heart of democracy, and can do so much to ensure that fundamental rights are promoted and respected, I would like to emphasise the importance of Parliamentary solidarity, and the need to work together as Parliamentarians to support and help protect our colleagues elsewhere whose rights are being violated and who cannot defend themselves.

Governments intent on monopolising power do not want strong Parliaments and Parliamentarians, they want Parliamentary puppets, limited to peddling Government propaganda, rubber stamping directives, and imposing the Govern ment’s authority, however self~serving and whatever abuses and atrocities may result. Those Parliamentarians who resist, by striving to fulfil their mandates, exercise their fundamental rights and uphold those of others, in defiance of a Governments or leader's wishes, often become human rights victims themselves.

By raising awareness of and taking action on these cases, we, as fellow Parliamentarians, not only help our individual colleagues, but also their constituents and their wider communities. By upholding the fundamental rights set out in the Universal Declaration and protecting political space in these situations, we may also be helping to avert longer term problems, and, in the worst cases, to prevent a gradual descent into full—blown dictatorship, kleptocracy or war.

We should speak up therefore for our Parliamentary colleagues around the world who are being persecuted, prosecuted on politically motivated charges, arbitrarily detained, ill—treated or tortured, or have even been disappeared or murdered, in the knowledge that the silencing of one Parliamentarians voice is often the silencing of the constituents and communities they represent, and a brazen attempt to close down political space.

On the 70”‘ anniversary of the Universal Declaration of Human Rights then, let us acknowledge and be inspired by all those Parliamentarians we know and know of, who have done so much to make the rights in the Universal Declaration really mean something. Let us also remind ourselves of our individual and collective responsibilities to keep the vision of the Universal Declaration of Human Rights alive, particularly by keeping political and Cl/ll space open, during a time when authoritarianism, and other damaging political trends, seem to be gaining ground.

190220233807.jpgArticle Written by: Ann Clwyd Roberts MP (born 21 March 1937) is a Welsh Labour Party politician serving as Member of Parliament (MP) for Cynon Valley since 1984. She was re-elected at the 2015 general election and 2017 general election despite previously announcing that she intended to retire.

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