THE COMMONWEALTH CHARTER 10 YEARS ON: VALUES AND PRINCIPLES FOR PARLIAMENTS TO UPHOLD
UPHOLDING THE VALUES OF THE COMMONWEALTH CHARTER: THE ROLE OF PARLIAMENTS AND PARLIAMENTARIANS IN PROTECTING HUMAN RIGHTS The Chair of the Commonwealth Forum of National Human Rights Institutions (CFNHRI) from Rwanda outlines how Parliaments and Parliamentarians can uphold the human rights principles in the Commonwealth Charter. I. Introduction The Commonwealth Charter, adopted in 2013, serves as a guiding document for the 56 member states of the Commonwealth, fostering cooperation, shared values, and a commitment to the promotion of human rights, democracy and the rule of law. As Parliaments are central to the democratic process in Commonwealth nations, Parliamentarians play a crucial role in upholding the principles outlined in the Commonwealth Charter, particularly when it comes to safeguarding human rights. The National Commission for Human Rights of Rwanda is the current Chair of the Commonwealth Forum of National Human Rights Institutions (CFNHRI). Equipped by Parliament with strong legal powers, we have a clear role to play in human rights-based legislative reforms that align with international standards. Partnership working between Parliamentarians and National Human Rights Institutions are fundamental to effectively translating the Commonwealth Charter into national action to create stronger and fairer societies. The promotion and protection of human rights are central to fostering inclusive and democratic societies. National Human Rights Institutions (NHRIs) and Parliaments play crucial roles in upholding these values and ensuring that human rights are respected, protected and fulfilled. NHRIs and Parliaments can create a powerful partnership that advances human rights, strengthens accountability and fosters a culture of human rights within their respective countries. NHRIs are independent bodies established by governments to promote and protect human rights at the national level. These institutions act as advocates for human rights, monitor compliance with international human rights standards and provide recommendations to improve policies and practices. NHRIs play a crucial role in bridging the gap between the government and the citizens, ensuring that human rights are upheld, and holding authorities accountable for any violations. This article examines
the ways that Parliaments and Parliamentarians can fulfil their responsibilities and contribute to a better, more just world by prioritizing human rights. II. Parliaments and the authority to ensure that human rights principles are integrated into national laws and policies 1. Legislation and Law-making One of the primary functions of Parliaments is to enact laws and policies that reflect the values and principles of the Commonwealth Charter. Parliamentarians must ensure that their legislative efforts prioritize the protection and promotion of human rights for all. This involves introducing and passing laws that prohibit discrimination, protect freedom of expression, guarantee the right to peaceful assembly and defend vulnerable groups from exploitation and abuse. Moreover, Parliaments should engage in a thorough review of existing legislation to identify and rectify any laws that are inconsistent with human rights principles. Continuous monitoring and assessment of the legal framework can ensure that it evolves with societal changes and advances in human rights standards. 2. Oversight and Accountability Parliaments have a vital role in holding the Executive branch accountable for its actions. Ensuring that governments act in accordance with human rights principles requires rigorous oversight by Parliamentarians. They should scrutinise government policies, decisions and actions to ensure they align with the commitments outlined in the Commonwealth Charter. Parliamentary Committees dedicated to human rights issues can be established to investigate and address alleged violations effectively. These Committees should collaborate with Civil Society Organisations and human rights bodies to gather comprehensive information and propose appropriate measures to rectify any gaps.
Marie Claire Mukasine is the Chair of the Rwanda National Commission for Human
Rights and the Chair of the Commonwealth Forum of National Human Rights Institutions (CFNHRI). She is a lawyer and holds an MBA in Public Administration. She has served in various leadership positions in Rwanda including as a Senator from 2011 until 2019. She has also served as President of the Rwanda chapter of the Africa Parliamentarians Network Against Corruption (APNAC). She has served as a Permanent Secretary in the Rwanda Ministry of Gender and Family Promotion and the Ministry of Infrastructure. She has also been DirectorGeneral of the National Insurance Corporation Sonarwa and the Director-General of the Rwanda Investment Group (RIG). 202 | The Parliamentarian | 2023: Issue Three | 100 years of publishing