Monday, March 9, 2020

Commonwealth: Part 1

Commonwealth of Nations

The Commonwealth of Nations, generally known simply as the Commonwealth, is a political association of 53 member states, nearly all of them former territories of the British Empire. The chief institutions of the organisation are the Commonwealth Secretariat, which focuses on intergovernmental aspects, and the Commonwealth Foundation, which focuses on non-governmental relations between member states. The Commonwealth dates back to the first half of the 20th century with the decolonisation of the British Empire through increased self-governance of its territories. It was originally created as the British Commonwealth of Nations through the Balfour Declaration at the 1926 Imperial Conference, and formalised by the United Kingdom through the Statute of Westminster in 1931. The current Commonwealth of Nations was formally constituted by the London Declaration in 1949, which modernised the community and established the member states as "free and equal". The human symbol of this free association is the Head of the Commonwealth, currently Queen Elizabeth II, and the 2018 Commonwealth Heads of Government Meeting appointed Charles, Prince of Wales to be her designated successor, although the position is not technically hereditary. The Queen is the head of state of 16 member states, known as the Commonwealth realms, while 32 other members are republics and five others have different monarchs.  Member states have no legal obligations to one another, but are connected through their use of the English language and historical ties. Their stated shared values of democracy, human rights and the rule of law are enshrined in the Commonwealth Charter[8] and promoted by the quadrennial Commonwealth Games.  The countries of the Commonwealth cover more than 29,958,050 km2 (11,566,870 sq mi), equivalent to 20% of the world's land area, and span all six inhabited continents. 

Head of the Commonwealth: Under the formula of the London Declaration, Queen Elizabeth II is the Head of the Commonwealth, a title that is by law a part of Elizabeth's royal titles in each of the Commonwealth realms, the 16 members of the Commonwealth that recognise the Queen as their monarch. When the monarch dies, the successor to the crown does not automatically become Head of the Commonwealth. However, at their meeting in April 2018, Commonwealth leaders agreed that Prince Charles should succeed his mother as head. The position is symbolic, representing the free association of independent members, the majority of which are republics, and five have monarchs of different royal houses (Brunei, Eswatini, Lesotho, Malaysia, and Tonga). 

Commonwealth Heads of Government Meeting: The main decision-making forum of the organisation is the biennial Commonwealth Heads of Government Meeting (CHOGM), where Commonwealth heads of government, including (amongst others) prime ministers and presidents, assemble for several days to discuss matters of mutual interest. CHOGM is the successor to the Meetings of Commonwealth Prime Ministers and, earlier, the Imperial Conferences and Colonial Conferences, dating back to 1887. There are also regular meetings of finance ministers, law ministers, health ministers, etc. Members in arrears, as special members before them, are not invited to send representatives to either ministerial meetings or CHOGMs. The head of government hosting the CHOGM is called the Commonwealth Chairperson-in-Office and retains the position until the following CHOGM.[43] After the most recent CHOGM, the Prime Minister of the United Kingdom became the Chairperson-in-Office, and will continue to hold the title until the next CHOGM, scheduled to take place in Rwanda in 2020. Currently, this position is held by Boris Johnson. 

Commonwealth Secretariat: Marlborough House, London, the headquarters of the Commonwealth Secretariat, the Commonwealth's principal intergovernmental institution The Commonwealth Secretariat, established in 1965, is the main intergovernmental agency of the Commonwealth, facilitating consultation and co-operation among member governments and countries. It is responsible to member governments collectively. The Commonwealth of Nations is represented in the United Nations General Assembly by the secretariat as an observer. The secretariat organises Commonwealth summits, meetings of ministers, consultative meetings and technical discussions; it assists policy development and provides policy advice, and facilitates multilateral communication among the member governments. It also provides technical assistance to help governments in the social and economic development of their countries and in support of the Commonwealth's fundamental political values. The secretariat is headed by the Commonwealth Secretary-General who is elected by Commonwealth heads of government for no more than two four-year terms. The secretary-general and two deputy secretaries-general direct the divisions of the Secretariat. The present secretary-general is Patricia Scotland, Baroness Scotland of Asthal, from Dominica, who took office on 1 April 2016, succeeding Kamalesh Sharma of India (2008–2016). The first secretary-general was Arnold Smith of Canada (1965–75), followed by Sir Shridath Ramphal of Guyana (1975–90), Chief Emeka Anyaoku of Nigeria (1990–99), and Don McKinnon of New Zealand (2000–2008).

Commonwealth citizenship and high commissioners: In recognition of their shared heritage and culture, Commonwealth countries are not considered to be "foreign" to each other,  although the technical extent of this concept varies in different countries. For example, in Australia, for the purpose of considering certain constitutional and legal provisions no distinction is made between Commonwealth and foreign countries: in the High Court case of Sue v Hill, other Commonwealth countries were held to be foreign powers; similarly, in Nolan v Minister for Immigration and Ethnic Affairs, the nationals of other Commonwealth realms were held to be 'aliens'. Nevertheless, the closer association amongst Commonwealth countries is reflected at least in the diplomatic protocols of the Commonwealth countries. For example, when engaging bilaterally with one another, Commonwealth governments exchange high commissioners instead of ambassadors. Between two Commonwealth realms, they represent the head of government rather than the head of state.  In addition, some members treat resident citizens of other Commonwealth countries preferentially to citizens of non-Commonwealth countries. Britain and several others, mostly in the Caribbean, grant the right to vote to Commonwealth citizens who reside in those countries. In non-Commonwealth countries in which their own country is not represented, Commonwealth citizens may seek consular assistance at the British embassy although it is for the embassy to decide, in its discretion, whether to provide any. Other alternatives can also occur such as an emergency consular services agreement between Canada and Australia that began in 1986.

Members:  The Commonwealth comprises 53 countries, across all continents. The members have a combined population of 2.4 billion people, almost a third of the world population, of whom 1.26 billion live in India, 220 million live in Pakistan and 94% live in Asia and Africa combined.  After India and Pakistan, the next-largest Commonwealth countries by population are Nigeria (170 million), Bangladesh (156 million), and the United Kingdom (65 million). Tuvalu is the smallest member, with about 10,000 people. The land area of the Commonwealth nations is about 31,500,000 km2 (12,200,000 sq mi), or about 21% of the total world land area. The three largest Commonwealth nations by area are Canada at 9,984,670 km2 (3,855,100 sq mi), Australia at 7,617,930 km2 (2,941,300 sq mi), and India at 3,287,263 km2 (1,269,219 sq mi). The status of "Member in Arrears" is used to denote those that are in arrears in paying subscription dues. The status was originally known as "special membership", but was renamed on the Committee on Commonwealth Membership's recommendation. There are currently no Members in Arrears. The most recent Member in Arrears, Nauru, returned to full membership in June 2011. Nauru has alternated between special and full membership since joining the Commonwealth, depending on its financial situation.

Applicants: In 1997 the Commonwealth Heads of Government agreed that, to become a member of the Commonwealth, an applicant country should, as a rule, have had a constitutional association with an existing Commonwealth member; that it should comply with Commonwealth values, principles and priorities as set out in the Harare Declaration; and that it should accept Commonwealth norms and conventions. South Sudanese politicians have expressed interest in joining the Commonwealth.[69] A senior Commonwealth source stated in 2006 that "many people have assumed an interest from Israel, but there has been no formal approach". The State of Palestine is also a potential candidate for membership. President Yahya Jammeh unilaterally withdrew The Gambia from the Commonwealth in October 2013.[71] However, newly elected president Adama Barrow returned the country to the organisation in February 2018. Other eligible applicants could be any of the remaining inhabited British overseas territories, Crown dependencies, Australian external territories and the Associated States of New Zealand if they become fully independent. Many such jurisdictions are already directly represented within the Commonwealth, particularly through the Commonwealth Family. There are also former British possessions that have not become independent, for example, Hong Kong, which still participates in some of the institutions within the Commonwealth Family. All three Crown dependencies regard the existing situation as unsatisfactory and have lobbied for change. The States of Jersey have called on the UK Foreign Secretary to request that the Commonwealth Heads of Government "consider granting associate membership to Jersey and the other Crown Dependencies as well as any other territories at a similarly advanced stage of autonomy". Jersey has proposed that it be accorded "self-representation in all Commonwealth meetings; full participation in debates and procedures, with a right to speak where relevant and the opportunity to enter into discussions with those who are full members; and no right to vote in the Ministerial or Heads of Government meetings, which is reserved for full members". The States of Guernsey and the Government of the Isle of Man have made calls of a similar nature for a more integrated relationship with the Commonwealth, including more direct representation and enhanced participation in Commonwealth organisations and meetings, including Commonwealth Heads of Government Meetings. The Chief Minister of the Isle of Man has said: "A closer connection with the Commonwealth itself would be a welcome further development of the Island's international relationships". At the time of the Suez Crisis in 1956, in the face of colonial unrest and international tensions, French Premier Guy Mollet proposed to British Prime Minister Anthony Eden that their two countries be joined in a "union". When that proposal was turned down, Mollet suggested that France join the Commonwealth, possibly with "a common citizenship arrangement on the Irish basis". Talks regarding a form of union faded away with the end of the Suez crisis.

Suspension: In recent years, the Commonwealth has suspended several members "from the Councils of the Commonwealth" for "serious or persistent violations" of the Harare Declaration, particularly in abrogating their responsibility to have democratic government. This is done by the Commonwealth Ministerial Action Group (CMAG), which meets regularly to address potential breaches of the Harare Declaration. Suspended members are not represented at meetings of Commonwealth leaders and ministers, although they remain members of the organisation. Currently, there are no suspended members.  Nigeria was suspended between 11 November 1995 and 29 May 1999, following its execution of Ken Saro-Wiwa on the eve of the 1995 CHOGM. Pakistan was the second country to be suspended, on 18 October 1999, following the military coup by Pervez Musharraf. The Commonwealth's longest suspension came to an end on 22 May 2004, when Pakistan's suspension was lifted following the restoration of the country's constitution.  Pakistan was suspended for a second time, far more briefly, for six months from 22 November 2007, when Musharraf called a state of emergency. Zimbabwe was suspended in 2002 over concerns regarding the electoral and land reform policies of Robert Mugabe's ZANU-PF government, before it withdrew from the organisation in 2003.  On 15 May 2018, Zimbabwe applied to rejoin the Commonwealth. The declaration of a Republic in Fiji in 1987, after military coups designed to deny Indo-Fijians political power, was not accompanied by an application to remain. Commonwealth membership was held to have lapsed until 1997, after discriminatory provisions in the republican constitution were repealed and reapplication for membership made.  Fiji has since been suspended twice, with the first imposed from 6 June 2000 to 20 December 2001 after another coup.  Fiji was suspended yet again in December 2006, following the most recent coup. At first, the suspension applied only to membership on the Councils of the Commonwealth. After failing to meet a Commonwealth deadline for setting a date for national elections by 2010, Fiji was "fully suspended" on 1 September 2009. The Secretary-General of the Commonwealth, Kamalesh Sharma, confirmed that full suspension meant that Fiji would be excluded from Commonwealth meetings, sporting events and the technical assistance programme (with an exception for assistance in re-establishing democracy). Sharma stated that Fiji would remain a member of the Commonwealth during its suspension, but would be excluded from emblematic representation by the secretariat.[89] On 19 March 2014 Fiji's full suspension was amended to a suspension from councils of the Commonwealth by the Commonwealth Ministerial Action Group, permitting Fiji to join a number of Commonwealth activities, including the Commonwealth Games.  Fiji's suspension was lifted in September 2014. The Commonwealth Ministerial Action Group fully reinstated Fiji as a member following elections in September 2014. Most recently, during 2013 and 2014, international pressure mounted to suspend Sri Lanka from the Commonwealth, citing grave human rights violations by the government of President Mahinda Rajapaksa. There were also calls to change the Commonwealth Heads of Government Meeting 2013 from Sri Lanka to another member country. Canadian prime minister Stephen Harper threatened to boycott the event, but was instead represented at the meeting by Deepak Obhrai. UK Prime Minister David Cameron also chose to attend. These concerns were rendered moot by the election of opposition leader Maithripala Sirisena as President in 2015. 

Termination: As membership is purely voluntary, member governments can choose at any time to leave the Commonwealth. Pakistan left on 30 January 1972 in protest at the Commonwealth's recognition of breakaway Bangladesh, but rejoined on 2 August 1989. Zimbabwe's membership was suspended in 2002 on the grounds of alleged human rights violations and deliberate misgovernment, and Zimbabwe's government terminated its membership in 2003.The Gambia left the Commonwealth on 3 October 2013,  and rejoined on 8 February 2018. The Maldives withdrew from the Commonwealth on 13 October 2016.  The Maldivian Ministry of Foreign Affairs stated that "the Commonwealth has not recognised [...] the progress and achievements that the Maldives accomplished in cultivating a culture of democracy in the country and in building and strengthening democratic institutions". The Ministry also cited the Commonwealth's "punitive actions against the Maldives since 2012" after the allegedly forced resignation of Maldivian President Mohamed Nasheed among the reasons for withdrawal.[100] The Ministry characterized the decision to withdraw as "difficult, but inevitable". Following the election of Ibrahim Mohamed Solih as president in November 2018, the Maldives announced its intention to reapply to join the Commonwealth. Although heads of government have the power to suspend member states from active participation, the Commonwealth has no provision for the expulsion of members.   Until 1948, there was a consensus among the existing half-dozen Commonwealth members that Commonwealth realms that became a republic would cease to be members but the situation changed in 1948 when newly-independent India announced its intention to become a republic on 1 January 1950 although it wished to remain in the Commonwealth. This was granted. Now, the majority of the Commonwealth members, including all those from Africa, are republics or have their own native monarch.  Ireland withdrew from participation in the Commonwealth in the 1930s, attending its last Commonwealth governmental heads' meeting in 1932. For some years Ireland considered itself to be a republic outside the Commonwealth but the Commonwealth considered Ireland to still be a Commonwealth member. Its treatment as a member ended on 18 April 1949 when Irish legislation that the Commonwealth chose to regard as having caused Ireland to become a republic became law. It is the only country whose membership terminated without any declaration withdrawing from the organisation. Instead, it was (with its own tacit support) excluded from the organisation.  South Africa was barred from continuing as a member after it became a republic in 1961, due to hostility from many members, particularly those in Africa and Asia as well as Canada, to its policy of racial apartheid. The South African government withdrew its application to remain in the organisation as a republic when it became clear at the 1961 Commonwealth Prime Ministers' Conference that any such application would be rejected. South Africa was re-admitted to the Commonwealth in 1994, following its first multiracial elections that year. The transfer of sovereignty over Hong Kong in 1997 ended the colony's status as a part of the Commonwealth through the United Kingdom. Non-sovereign states or regions are not permitted to become members of the Commonwealth. The government of the People's Republic of China has not pursued membership. Hong Kong has nevertheless continued to participate in some of the organisations of the Commonwealth family, such as the Commonwealth Lawyers Association (hosted the Commonwealth Lawyers Conference in 1983 and 2009), the Commonwealth Parliamentary Association (and the Westminster Seminar on Parliamentary Practice and Procedures), the Association of Commonwealth Universities and the Commonwealth Association of Legislative Counsel. 

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