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In an open letter to Kamalesh Sharma, the Commonwealth secretary-general, the Commonwealth Human Rights Initiative laments the lack of response from the Commonwealth in relation to Gambian President Yahya Jammeh's troubling remarks about human rights defenders in his country.

Dear Secretary General,

I write once again in relation to the Gambia. As I mentioned earlier in email correspondence with your chief of staff, I am indeed obliged that you circulated our letter (date: 21st September 09) of concern in relation to the President of The Gambia's outrageous statements to the CMAG.

I am certain that Member States and the leadership of the Commonwealth would have been deeply disturbed and actions toward repairing the situation created by the President of Gambiaís statements may already be underway.

However, while we welcome any diplomatic initiatives to appraise the President of Gambia of the implications and consequences of such a statement and to persuade him to repudiate them in an unequivocal manner, we feel that it is very necessary for the leadership in the Commonwealth to react strongly to the statements and signal its apprehensions and disquiet. But it has now been several weeks after the offending statement was made and the CoW will shortly be over. I would be most appreciative to know the reaction of CMAG and whether this seriously threatening statement is going to be a concern of Member States attending the CoW and whether there is likely to be any response from the CMAG, your office or the Heads of Government or even the present and future chairs of the Commonwealth.

As we have written to outgoing and incoming Chairs of the Commonwealth - public statements require public responses. An absence of straightforward response will indicate acceptance of the violence in the statement and an unwillingness to defend with all vigour the fundamental political principles on which the Commonwealth is founded.

CHRI London Office28 Russell Square London WC1B 5DS, UK Tel: +44-207-8628857 Fax: +44-207-8628820 E-mail: [email protected]

CHRI

As you are aware, in the same vein of protecting its own foundational principles, the African Commission has clearly felt that a response to the same statements is essential. At an extraordinary meeting on 11 October 2009 it has passed a resolution on the deteriorating human rights situation in the Gambia in which it suggests relocating the Commission out of the Gambia and where the Commission has explicitly mentions that it is convinced that the alleged statement calls into question the commitment of the Republic of The Gambia to the fundamental principles and objectives of the Constitutive Act of the African Union, the African Charter and other regional and international human rights instruments. In these circumstances where nothing has been publicly stated by the Commonwealth even a month after the President's objectionable statement - and previous to the CoW where the Gambian delegation will no doubt be present - I would urge the Commonwealth under your leadership to publicly regret such a statement coming from a head of state and commend the withdrawal of any invitation to the Trinidad CHOGM to other heads of state and to the incoming Chair. We continue to believe that the presence of a head of state or his representative at Trinidad or indeed at other forums in the absence of any repudiation will call into question the credibility of the whole organization in most fundamental and damaging way

Sincerely,

Maja Daruwala Director, CHRI

Commonwealth Human Rights Initiative NGO in Special Consultive Status with the Economic & Social Council of the United Nations

B-117, First Floor, Sarvodaya Enclave, New Delhi 110 017
Tel: 91-11-2686 4678, 2685 0523, 26528152
Fax: 91-11-2686 4688
E-mail: [email protected]
Website: www.humanrightsinitiative.org Advisory Committee

Sam Okudzeto Ghana (Chair)

Eunice Brookman- Amissah Kenya

Murray Burt Canada

Yash Ghai Kenya

Maja Daruwala India

Alison Duxbury Australia

Neville Linton UK

B. G Verghese India

Zohra Yusuf Pakistan

CHRI Ghana Office No. 9, Samora Machel Road, Asylum Down Box CT 6136 Cantonment, Accra, Ghana Tel: +233-21271170 Fax: +233-21-244819 E-mail: [email protected]

20th October 2009 Mr. Kamalesh Sharma Honourable Secretary General Commonwealth Marlborough House London

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