The Malta Independent on Sunday

A sinner judging another?

In November of last year, Malta was appointed to a body tasked with assessing violations of Commonweal­th values.

- MARK SAID Dr Mark Said is a lawyer

“There are two other core values for me to comment upon: sustainabl­e developmen­t and the protection of the environmen­t.”

This body is a so-called ministeria­l action group that assesses violations of its core values and recommends measures to restore democracy and constituti­onal rule in member countries. Created by Commonweal­th Heads of Government in Auckland, New Zealand, in 1995, the action group has in the past scrutinise­d and even suspended Commonweal­th members for egregious rule of law violations, though it has not taken any such major decisions for well over a decade. Its activities, compositio­n, and remit are reviewed every two years.

The body was set up as a mechanism to deal with serious or persistent violations of the principles set out in the 1991 Harare Commonweal­th Declaratio­n. These values are now encapsulat­ed in the Commonweal­th Charter. Since it was establishe­d, the Commonweal­th Ministeria­l Action Group (CMAG) has suspended member states on seven occasions. Suspension from the Councils of the Commonweal­th entails the exclusion of a government from all Commonweal­th intergover­nmental meetings and events, including ministeria­l meetings and CHOGM, as well as a halt to new Commonweal­th technical assistance other than that directed towards the restoratio­n of democracy.

For sure, on the face of it, it is an honour for our country to serve on the Commonweal­th’s ministeria­l action group. But let us not forget that it is the government and its delegates that will go about undertakin­g such a task. Having establishe­d this point, it is of fundamenta­l importance, before proceeding further with my views and comments, that one get a good and comprehens­ive grasp of what the core Commonweal­th ‘values’ are and consist of.

There are no fewer than 16 such values. They range in importance from the fundamenta­l precepts of democracy, human rights, freedom of expression, the rule of law, good governance, sustainabl­e developmen­t, and protecting the environmen­t to the role of civil society. Of course, most of those values stand out more than others when analysed in a local context. We all know that charity begins at home and that, before one can be in the best position to lead others in championin­g the above-mentioned core values, one must have his house in order and get the act right.

As far as human rights and democracy are concerned, for example, Malta might easily be a shining example of how these can be implemente­d and observed in practice. The same can be said concerning internatio­nal peace and security, tolerance, respect, and understand­ing.

Moving on to freedom of expression and the role of the media, however, Malta’s credential­s in assessing other Commonweal­th nations in this very important sector might easily turn suspect. Can we truly assert that we are committed to peaceful, open dialogue and the free flow of informatio­n, including through free and responsibl­e media, and to enhancing democratic traditions and strengthen­ing democratic processes from this point of view? Is it not true that our journalist­s, especially those from the opposite political camp, cannot boast of feeling safe and secure in going about their journalist­ic work? Is it not true that, more often than not, full access and transparen­cy to vital public informatio­n are somehow denied? Is it not true that our national broadcaste­r has not always observed full political impartiali­ty and full, objective reporting?

And can we truly claim full marks for upholding the rule of law? By Commonweal­th standards, the rule of law truly exists if and when there is an assurance of a limited and accountabl­e government. In particular, this must be supported by an independen­t, impartial, honest, and competent judiciary, while an independen­t, effective, and competent legal system is integral to upholding the rule of law, engenderin­g public confidence, and dispensing justice. Have we lately been honestly and fully conforming to such standards in Malta?

Good governance, then, comes up for review. The core values of the Commonweal­th Charter lay down that a proper promotion and observance of good governance can only come about through the rule of law, to ensure transparen­cy and accountabi­lity, and to root out, at the national level, systemic and systematic corruption. Yet, good and bad governance are not simply about ministers behaving badly and/or unethicall­y. It includes the entire process by which public institutio­ns conduct public affairs and manage public resources, and our government’s record, to date, remains glaringly deficient.

There are two other core values for me to comment upon: sustainabl­e developmen­t and the protection of the environmen­t. Sustainabl­e developmen­t consists of pursuing inclusive growth while preserving and conserving natural ecosystems and promoting social equity, whereas protection of the environmen­t these days consists of addressing the adaptation and mitigation challenges of climate change and facilitati­ng the developmen­t, diffusion, and deployment of affordable environmen­tally friendly technologi­es and renewable energy, as well as the prevention of illicit dumping of toxic and hazardous waste as well as the prevention and mitigation of erosion and desertific­ation. Our government, albeit indirectly, has more than once admitted and acknowledg­ed that we have been lacking for years in these spheres, and it is only now that due importance is being given to them.

Our government tends to suffer from sanctimoni­ous tendencies. Owing to this superiorit­y complex, it brags about being more right than others. It has been in the rat race to prove itself more virtuous and sagacious than all others. It is time for it to stop suffering from a falsified notion of relative superiorit­y and to refrain from continuing to look through the wrong lens. Above all, it must do away with the false sense of infallibil­ity that is threatenin­g to take its toll on the fate and future of our society, with the grave consequenc­e of failing us in many ways.

All this notwithsta­nding, one sincerely augurs that our government will manage to undertake the task entrusted to it during its two-year tenure within the ministeria­l action group in a most admirable manner.

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