Memari calls for Rights Commission to be free of politics
Human Rights Commission chair Venous Memari yesterday publicly called for the commission to be made independent from Government.
Ms Memari described the HRC, whose members are currently appointed on the advice of the Premier, as "an arm's length agency of Government" — and said it needs to be modernised to bring it into line with other western democracies. Independence from Government would ensure complaints are investigated without the threat of political pressure or influence from people with a stake in the investigations, Ms Memari told a get-together at the Bermuda Underwater Exploration Institute.
Culture Minister Dale Butler told The Royal Gazette Ms Memari's views will be taken into consideration as Government works on a reform of the Human Rights Act.
Ms Memari was speaking at celebrations marking the 60th anniversary of the Universal Declaration of Human Rights, attended by Acting Premier Paula Cox, Governor Sir Richard Gozney, Mr. Butler, a host of other politicians and a number of leading lawyers.
She said that according to the Paris Principles, an international set of guidelines on human rights, independence is the cornerstone to the effective functioning of a national human rights institution and good governance. Ms Memari prefaced her remarks by referring to Justice Ian Kawaley's comment: "Politics and human rights do not mix, and should be seen not to be mixed in modern democracies."
She said: "In order for the Human Rights Commission to be effective and maintain public confidence, it must be independent and be seen to be independent of Government and the political process and not subject to pressure or influence from those who might have a stake in the outcome of complaint investigations or in the Human Rights Commission's community activities and educational programmes that are designed to promote the equal treatment of all members of the community.
"Two key components of independence are accountability and the composition and appointment process of the Commission."
Currently HRC members are appointed by the Governor, on the advice of the Premier following consultation with the Opposition Leader. Ms Memari said that to be effective it needed to report directly to Parliament in a similar way to the Ombudsman, and a complaints procedure needs to be set out in law in the event the HRC doesn't carry out its functions.
She said the HRC needs to show independence, pluralism and transparency. Responding to Ms Memari's remarks, Mr. Butler told this newspaper: "Ms Memari spoke on just one item covered in the total list of recommendations.
"As Minister I am in the final stages of reviewing all of the feedback from stakeholders and will take her views into consideration. The final resolution to all issues raised will be in the bill that will go to the House in the summer session or next fall."
During the celebrations, Mr. Butler spoke of the significance of the 1948 Universal Declaration of Human Rights. "The power and relevance of the recognition enshrined in the Declaration — that all human beings have fundamental rights and freedoms — is undiminished today," said the Minister.
"The Declaration was the first global statement of what we now take for granted — the inherent dignity and equality of all human beings. Promoting human rights is not always easy work. There is a delicate balance between the rights of one versus the rights of many.
"When the Universal Declaration was adopted in 1948, after months of discussion and debate, the world embarked on what is probably the most ambitious and idealistic project ever devised by the international community.
"It marked a significant turning point in our modern political history — a milestone which signified a willingness to shift our collective value system and a geopolitical global order which had brought untold death and destruction through two world wars to an order centred upon the rights of the individual by virtue of one's humanity."
The event also featured a number of poems on human rights written and read by schoolchildren, and a poster competition.