The delegation follows last year’s suspension of opposition MPs, a recent anti-government protest on the island-nation over new laws that curtail free speech and a perceived lack of independence by the judiciary.
The Commonwealth was invited to send a delegation to Nauru by its President, Baron Waqa. The mission took place in November and included two people: Milner Tozaka, Foreign Affairs Minister of Solomon Islands, representing the Commonwealth Ministerial Action Group (CMAG) and Albert Mariner, a senior official from the Commonwealth Secretariat.
The delegation’s visit follows last year’s suspension of opposition MPs and their arrests following an anti-government protest on the island-nation over alleged corruption and the curtailing of freedom of expression. Concerns were also raised following the removal of the former Magistrate Judge and the cancellation of the entrance visa of the former Chief Justice and subsequent allegations over the lack of independence of the judiciary.
CMAG is a nine-member representative group of Commonwealth Foreign Ministers that deals with serious or persistent violations of the Commonwealth's political values. It works positively and proactively with member governments when those values are considered to be at risk.
The delegation met as many leaders and representatives as possible to develop an understanding of the circumstances which have attracted public concern and criticism. It wished especially to understand the current state of the separation of powers in Nauru between the Parliament, Judiciary and Government, which is a priority for the Commonwealth. The two-member team therefore conducted detailed discussions with the Speaker of Parliament, Chief Justice and President respectively.
The delegation concluded that the Judiciary of Nauru, under the leadership of the newly appointed Chief Justice, operates independently. It received assurances that the Judiciary will be able to act independently in future.
The delegation noted that the Government was committed to strengthening the administration of justice and stated that the Commonwealth remains ready to provide any support required by the Judiciary, Parliament and the Executive.
The delegation also noted that there are political differences and sensitivities in Nauru - as in any Commonwealth member state - which can become magnified in a small state context. The Commonwealth remains open to requests for support to strengthen democratic processes. 31 of its 53 members are small states.
Since the Commonwealth delegation's visit to Nauru, media reports have alleged that the judicial process has become politicised. The Commonwealth Secretariat will maintain in contact with the relevant authorities in Nauru to establish the facts in this particular case, before making any further public comment.
