Commonwealth of Nations membership criteria

The Commonwealth of Nations currently has 53 members, which must abide by the membership criteria, which are enforced through the Millbrook Programme.

Commonwealth of Nations membership criteria are the corpus of requirements that members and prospective members must meet to be allowed to participate in the Commonwealth of Nations. The criteria have been altered by a series of documents issued over the past seventy-five years.

The most important of these documents were the Statute of Westminster (1931), the London Declaration (1949), the Singapore Declaration (1971), the Harare Declaration (1991), the Millbrook Commonwealth Action Programme (1995), and the Edinburgh Declaration (1997). New members of the Commonwealth must abide by certain criteria that arose from these documents, the most important of which are the Harare principles and the Edinburgh criteria.

The Harare principles require all members of the Commonwealth, old and new, to abide by certain political principles, including democracy and respect for human rights. These can be enforced upon current members, who may be suspended or expelled for failure to abide by them. To date, Fiji, Nigeria, Pakistan, and Zimbabwe have been suspended on these grounds; Zimbabwe later withdrew over its consistent non-compliance.

The foremost of the Edinburgh criteria requires new members to have either constitutional or administrative ties to at least one current member of the Commonwealth of Nations. In most cases, that current member would be the United Kingdom, although this is not necessarily so. The Edinburgh criteria arose from the 1995 accession of Mozambique, the only member to date that was never part of the British Empire (in whole or part). The Edinburgh criteria are now being reviewed in light of renewed interest in states that do not qualify under it.

History

Founding documents

Louis St. Laurent, the author of the London Declaration formula that laid out embryonic membership criteria.

The formation of the Commonwealth of Nations is dated back to the Statute of Westminster, an Act of the British Parliament passed on 11 December 1931. The Statute established the independence of the Dominions, creating a group of equal members where, previously, there was one (the United Kingdom) paramount. The solitary condition of membership of the embryonic Commonwealth was that a state be a Dominion. Thus, the independence of Pakistan (1947), India (1947), and Sri Lanka (1948) saw the three countries join the Commonwealth as independent monarchies; on the other hand, Burma (1948) and Israel (1948), did not join the Commonwealth, as they chose to become republics. The membership of Ireland lapsed when it unambiguously became a republic in 1949.

With India on the verge of promulgating a republican constitution, the 1949 Commonwealth Prime Ministers Conference was dominated by the impending departure of over half of the Commonwealth's population. To avoid such a fate, Canadian Prime Minister Louis St. Laurent proposed that republics be allowed to remain in the Commonwealth, provided that they recognise the monarch of the Commonwealth Realms as 'Head of the Commonwealth'. This agreement, known as the London Declaration, thus established the only formalised rule as being that members must recognise the Head of the Commonwealth. This arrangement prompted suggestions that other countries, such as France, Israel, and Norway, join. However, until Western Samoa joined in 1970, only recently-independent countries would accede.

Singapore Declaration

Main article: Singapore Declaration

The first statement of the political values of the Commonwealth of Nations was issued at the 1961 conference, at which the members declared that racial equality would be one of the cornerstones of the new Commonwealth, at a time when the organisation's ranks were being swelled by new African and Caribbean members. The immediate result of this was the withdrawal of South Africa's re-application, which it was required to lodge before becoming a republic, as its government's apartheid policies clearly contradicted the principle.

Further political values and principles of the Commonwealth were affirmed in Singapore on 22 January 1971, at the first Commonwealth Heads of Government Meeting (CHOGM). The fourteen points clarified the political freedom of its members, and dictated the core principles of the Commonwealth: world peace, liberty, human rights, equality, and free trade. However, neither the terms nor the spirit of the Declaration were binding, and several openly flouted it; despite little conformity, only Fiji was ever expelled for breaching these tenets (on 15 October 1987, following the second coup of that year).

Harare Declaration

Main article: Harare Declaration

The Harare Declaration, issued on 20 October 1991 in Harare, Zimbabwe, reaffirmed the principles laid out in Singapore, particularly in the light of the ongoing dismantling of apartheid in South Africa. The Declaration put emphasis on human rights and democracy by detailing these principles once more:

* We believe that international peace and order, global economic development and the rule of international law are essential to the security and prosperity of mankind;

• We believe in the liberty of the individual under the law, in equal rights for all citizens regardless of gender, race, colour, creed or political belief, and in the individual's inalienable right to participate by means of free and democratic political processes in framing the society in which he or she lives;
• We recognise racial prejudice and intolerance as a dangerous sickness and a threat to healthy development, and racial discrimination as an unmitigated evil;
• We oppose all forms of racial oppression, and we are committed to the principles of human dignity and equality;
• We recognise the importance and urgency of economic and social development to satisfy the basic needs and aspirations of the vast majority of the peoples of the world, and seek the progressive removal of the wide disparities in living standards amongst our members.

Millbrook Programme

Main article: Millbrook Commonwealth Action Programme

The Millbrook Commonwealth Action Programme, issued on 12 November 1995 at the Millbrook Resort, near Queenstown, New Zealand, clarified the Commonwealth's position on the Harare Declaration. The document introduced compulsion upon its members, with strict guidelines to be followed in the event of breaching its rules, including (but not limited to) expulsion from the Commonwealth. Adjudication was left to the newly-created Commonwealth Ministerial Action Group (CMAG).

At the same CHOGM, the Programme was enforced for the first time, as Nigeria was suspended. On 19 December 1995, the CMAG found that the suspension was in line with the Programme, and also declared its intent on enforcing the Programme in other cases (particularly Sierra Leone and The Gambia). On 29 May 1999, the day after the inauguration of Nigeria's first democratically-elected President, Olusẹgun Ọbasanjọ, the country's suspension was lifted, on the advice of the CMAG.

Edinburgh criteria

Main article: Edinburgh Declaration

In 1995, Mozambique joined the Commonwealth, becoming the first member to have never had a constitutional link with the United Kingdom or another Commonwealth member. Concerns that this would allow open-ended expansion of the Commonwealth and dilute its historic ties prompted the 1995 CHOGM to launch the Inter-Governmental Group on Criteria for Commonwealth Membership, to report at the 1997 CHOGM, to be held in Edinburgh, the United Kingdom. The group decided that, in future, new members would be limited to those with constitutional association with an existing Commonwealth member.

In addition to this new rule, the former rules were consolidated into a single document. They had been prepared for the High Level Appraisal Group set up at the 1989 CHOGM, but not publicly announced until 1997. These requirements, which remain the same today, are that members must:

• accept and comply with the Harare principles.
• be fully sovereign states.
• recognise the monarch of the Commonwealth realms as the Head of the Commonwealth.
• accept the English language as the means of Commonwealth communication.
• respect the wishes of the general population vis-à-vis Commonwealth membership.

On the advice of Secretary-General Don McKinnon, the 2005 CHOGM, held in Valletta, Malta, decided to re-examine the Edinburgh criteria. The Committee on Commonwealth Membership reported at the 2007 CHOGM, held in Kampala, Uganda. According to Don McKinnon, the members of the Commonwealth decided in principle to expand the membership of the organisation to include countries without linkages to the Commonwealth, but Eduardo del Buey stated that it would still take some time until the criteria are reformed. New members are expected to be accepted at the 2009 CHOGM.

Prospective members

Eligible countries

The following countries would be eligible under the Edinburgh criteria (but not necessarily Harare):

• Afghanistan: British protectorate until 1919
• Bahrain: British protectorate until 1971
• Bhutan: part of British India until 1947, currently in close relations with India
• China: Hong Kong, Weihai, Liugong Island and parts of Shanghai were British colonies in the early 20th century.
• Egypt: British protectorate until 1922; English commonly used as a language of instruction and administration
• Eritrea: under British administration from 1941 to 1952 before being federated with Ethiopia
• France: King of England (later of Great Britain) claimed the French throne until 1801; actual personal union with part or all of Normandy, Aquitaine, Anjou and other territories from 1066 to 1558. Corsica was briefly part of the British Empire during the Anglo-Corsican Kingdom of 1794-6.
• Greece: Ionian Islands were British protectorate until 1864
• Honduras: The Bay Islands was a British dependency during the from 1643-1860
• Indonesia: Bengkulu, then known as Bencoolen and other parts of Sumatra were British colonies until the signing of the Anglo-Dutch Treaty in 1824
• Iraq: British protectorate until 1932
• Republic of Ireland: Part of the UK 1801 - 1921, British dominion 1921 - 1948. Formerly a member as the Irish Free State.
• State of Israel: (part of the British Mandate of Palestine until 1948).
• Jordan: Part of the British Mandate of Palestine 1920 - 1921; protectorate 1921 - 1946
• Kuwait: British protectorate until 1961
• Libya: Anglo-French condominium (as a joint United Nations Trust Territory) from 1945 until 1951
• Morocco: Tangier was a British Colony in the 17th century.
• Myanmar: British Colony of Burma until 1948
• Nepal: Former British protectorate. Still contributes gurkhas to the British military
• Nicaragua: Mosquito Coast was protectorate until 1850
• Oman: British protectorate of Muscat & Oman until 1971
• Philippines: Small area east of Manila under British rule from 1762-64.
• Qatar: British protectorate until 1971
• Senegal: Brief confederation with The Gambia as Sénégambia Confederation from 1982 to 1989
• Somalia: British Somaliland was a protectorate until 1960
• Spain: Minorca was a British possession during various times during the 18th century
• Sudan: Anglo-Egyptian condominium until 1956. Sudan has applied to join the Commonwealth.
• Suriname: Partial English control until ceded in the Treaty of Breda, 1667
• Togo: part of Anglo-French condominium from 1914 to 1916
• United Arab Emirates: British protectorate as the Trucial States until 1971
• United States: Parts of its territory are formerly British. The original Thirteen Colonies, all US territory east of the Mississippi River, the former Oregon Country, and Hawaii (see below) were all under British control at some point prior to 1900
• Yemen: South Yemen was a British colony until 1967. Yemen has applied to join the Commonwealth
• Zimbabwe: Member of the Commonwealth until 2003

Overseas territories and dependencies

Antigua and Barbuda, Australia, Mauritius, New Zealand, and the United Kingdom all have dependent territories that would be eligible for Commonwealth membership were they granted independence. As territories of Commonwealth members, they automatically qualify under the Edinburgh criteria (but, as above, not necessarily Harare).

• Antigua and Barbuda

Barbuda

• Australia

Christmas Island

Cocos (Keeling) Islands

Norfolk Island

• Mauritius

Rodrigues

• New Zealand

Cook Islands

Niue

Tokelau

• Pakistan

Azad Jammu and Kashmir (P.A.K.)

• United Kingdom

• Overseas territories

Anguilla

Bermuda

British Virgin Islands

Cayman Islands

Falkland Islands

Gibraltar

Montserrat

Pitcairn Islands

Saint Helena

Turks and Caicos Islands

• Crown dependencies

Guernsey

Jersey

Isle of Man

In addition to those territories listed above, Australia, New Zealand and the United Kingdom maintain territorial claims in Antarctica. However, the Antarctic territories have no permanent populations (except scientific research stations). The same applies to three uninhabited Australian island territories: the Ashmore and Cartier Islands, the Coral Sea Islands, and the Heard Island and McDonald Islands, and the British Overseas Territory of South Georgia and the South Sandwich Islands.

British Indian Ocean Territory is an overseas territory of the United Kingdom. However the UK has agreed to cede the Islands to Mauritius in the event that the Islands are no longer needed for defence purposes. Mauritius is already a member of the Commonwealth.

Secessionist movements and other territories

There are several secessionist movements and other sub-national territories that, were they to gain independence, would be eligible to join the Commonwealth. The following countries would be eligible under the Edinburgh criteria (but not necessarily Harare):

• Hawaii:The Kingdom of Hawaii was a British protectorate from 1795-1843, and still retains the Union Jack in its flag. See legal status of Hawaii
• Palestinian National Authority: part of the British Mandate for Palestine until 1948. The Palestinian Authority has shown interest in joining the Commonwealth upon independence
• Quebec: as a province of Canada, a member since the Commonwealth's foundation. The Quebec sovereignty movement is a major political movement in Canada.
• Sikkim: Part of British protectorate until 1947, annexed to India in 1975
• Somaliland: former British protectorate until 1960 when it joined Somalia, has unilaterally seceded from Somalia but has yet to receive international recognition
• Southern Sudan: as part of Anglo-Egyptian Sudan was part of the British Empire until 1956. This English-speaking area is seeking independence from Sudan and will get to vote on the issue in 2011.
• Turkish Republic of Northern Cyprus: Turkish part of the island of Cyprus
• West Papua: Indonesian occupied half of New Guinea island, which claims constitutional links with Papua New Guinea

Other countries

An application was received ahead of the 1997 CHOGM, before the criteria for membership were changed; the heads of governments considered the application in light of the criteria change, and rejected on the basis that the nation did not meet them.

• Cambodia

There are a range of other countries that have expressed formal or informal interest in joining the Commonwealth, despite not meeting the Edinburgh criteria as they are now. However, with the criteria being re-examined, they may be inclined to launch membership bids in the future:

• Algeria has applied to join the Commonwealth.
• Angola
• Democratic Republic of the Congo
• East Timor
• Madagascar has applied to join the Commonwealth.
• Rwanda has in 2003 applied to join the Commonwealth.