We Say

This edition of Commonwealth PoliceWatch goes to press as police brutality and violence in Pakistan escalates under a declaration of emergency justified by the threat of terrorism. It also goes to press as the Commonwealth condemns the actions of General Musharraf and his Government, and makes clear that unless the situation changes dramatically, Pakistan will find itself suspended from the Commonwealth within a week. This means that Pakistan may find itself sitting on the outside of this year's Commonwealth Heads of Government Meeting, looking in.

This is an absolutely critical time for the global community to examine what we want from our democratic institutions and our police services, as well as for the Commonwealth to restate its commitment to democracy, accountability, human rights and good governance with renewed vigour. With Pakistan as a case in point, we see that the illegitimate use of anti-terrorism to suppress basic human rights and justify widespread human rights violations is one of the major issues facing the policing community today. In this edition, we take a closer look at anti-terrorism, and its impact on policing.

This month's feature article looks at the contemporary anti-terrorism agenda and, taking from CHRI's 2007 report to the Commonwealth, Stamping Out Rights, argues that people engaged in ordinary, legitimate activities are finding themselves prevented from expressing their democratic and human rights by laws that claim to counter terrorism. The feature explores some of the main themes that define new anti-terrorism laws in terms of policing - increased police powers, enhanced discretion to arrest and detain (sometimes without charge or trial), reduced access to due process and diminished police accountability. CHRI's 2007 report, which is a comprehensive examination and exploration of the impact that anti-terrorism law has had on policing, will be launched at the Commonwealth Human Rights Forum, ahead of the Commonwealth Heads of Government Meeting - the Commonwealth's major biennial policy summit - in late November.

Elsewhere in this edition, we explore different aspects of anti-terrorism and policing. In Australia, the impact of anti-terrorism laws in the Haneef case is considered - and the failure of the laws, the police and the Australian Government. In New Zealand and Kenya, we look at two very different police organisations and the way that anti-terrorism units have worked within the police. The regular Innovations and Practices section looks to legislating for anti-terrorism, and how to ensure that laws sit within the international human rights framework. In our Introspection section, we look to the police accountability issues that are thrown up by anti-terrorism approaches.

The distressing events in Pakistan – and the use of anti-terrorism to justify dictatorship – are just one of the complex issues facing policing, democracy and accountability in South Asia. As CHRI readies to launch the latest in its series of reports on police accountability, Feudal Forces: Democratic Nations, which examines police accountability in South Asia, there are also increasing concerns about the abysmal failure of accountability in place in Sri Lanka. In Pressure Amounting to Nothing?, we look at the fallout from the recent resignation of the members of the Government Human Rights Advisory Panel, and explore accountability issues in Sri Lanka. In Pakistan’s Emergency and the Commonwealth Response, we take a closer look at Pakistan, and particularly the role of the Commonwealth in ensuring that the country is steered back to democracy, and its police back to legitimate service of the community.

This years CHOGM will focus on policing in a number of ways. CHRI will release its report on policing and anti-terrorism, the legitimacy of Pakistan’s “anti-terrorist” emergency will be debated, and the heads of the Commonwealth will also turn their attention to the creation of a Police Expert Group on Policing. Read more about the Expert Group and this chance for the Commonwealth to support real change in its communities in A Commonwealth Police Expert Group – The Time is Now.

The theme of this CHOGM - transforming societies to achieve political, economic and human development – provides unparalleled scope for the Heads to engage with critical issues facing Commonwealth members, particularly on issues of policing, human rights and accountability. The meeting is an opportunity to set the Commonwealth on a course that will support real change and realise the promise of democracy and development across the Commonwealth. Watch this space for more word on whether the Commonwealth lives up to its promise or whether Uganda 2007 will be marked down as an exercise in disappointed potential.

Feature

True security is human rights protection. Counter-terrorism, policing and human rights in the Commonwealth

An article in the Guardian in August 2007 talked about the arrest of a German sociologist earlier this year who has since been placed in solitary confinement on charges of terrorism. The evidence against him is that his research has amassed information that could be used in the commission of terrorism offences. There is no suggestion by police that he has been engaged in terrorist activities, nor that he was planning to.

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Women in Focus

This month’s Women in Focus features the statement made by the Women’s International League for Peace and Freedom on UN Day 24 October 2007. It highlights that women’s participation in international decision making is an essential factor in the protection of human rights and human security.

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