Saturday, May 8, 2010

The Commonwealth sham on Sovereignity

This is with regard to the Commonwealth .. I saw the pages and was amused at the status of the queen and her position. I dont think I will accept anything like this.


Please see the below web page.. and especially the 3rd para in history
entitled - Members with heads of state other than the Sovereign

http://en.wikipedia.org/wiki/Commonwealth_of_Nations

Members with heads of state other than the Sovereign
The issue of countries with constitutional structures not based on a shared Crown but that wanted to remain members of the Commonwealth, came to a head in 1948 with passage of the Republic of Ireland Act 1948, in which Ireland renounced the sovereignty of the Crown[9] and thus left the Commonwealth. However, the Ireland Act 1949 passed by the Parliament of Westminster gave citizens of the Republic of Ireland a status similar to that of citizens of the Commonwealth in UK law. The issue was resolved in April 1949 at a Commonwealth prime ministers' meeting in London.

Under this London Declaration, India agreed that, when it became a republic, in January 1950, it would accept the British Sovereign as a "symbol of the free association of its independent member nations and, as such, Head of the Commonwealth".
The other Commonwealth countries in turn recognised India's continuing membership of the association.


At Pakistan's insistence, India was not regarded as an exceptional case and it was assumed that other states would be accorded the same treatment as India.
The London Declaration is often seen as marking the beginning of the modern Commonwealth. Following India's precedent, other nations became republics, or constitutional monarchies with their own monarchs, while some countries retained the same monarch as the United Kingdom, but their monarchies developed differently and soon became fully independent of the British monarchy. The monarch of each Commonwealth realm, whilst the same person, is regarded as a separate legal personality for each realm.



and then proceed to this web page especially the para "position" and the next para "history"

http://en.wikipedia.org/wiki/Head_of_the_Commonwealth

Position
The role of the "Head" of the Commonwealth is perhaps best compared to that of a ceremonial president, but for life: unlike a chairman or secretary general of any other international organisation, the Head of the Commonwealth is a symbol of the association – without executive power, yet playing a very important role in shaping the Commonwealth. In this sense it reflects the more traditional role of monarchy; Elizabeth II's powers are theoretically very large, but in practice are never exercised. Elizabeth II serves more as a figurehead, while real power is invested in other roles within the Commonwealth, including the Commonwealth Secretary-General (currently Kamalesh Sharma) and Commonwealth Chairperson-in-Office (currently Patrick Manning).

The title is not vested in the Crown as shared amongst the Commonwealth realms,[citation needed] and the Commonwealth's members might not agree that the next monarch should automatically succeed as Head of the Commonwealth upon accession to the Throne.[citation needed] However, the assumption is that the title itself would become extinct were it not held by the shared monarch, and no new suggestions have ever been put forward by any of the Commonwealth member-countries as to who, if anyone, should take on the role currently exercised by Queen Elizabeth II. In all probability, therefore, her successor as monarch will also succeed to the role of the Head of the Commonwealth. The position of Head of the Commonwealth was discussed at the 1997 Edinburgh Commonwealth Heads of Government Meeting. The consensus was that the title should remain annexed to the Sovereign.[citation needed] This meeting was attended by Elizabeth II.[3]

In its current role, the Head of the Commonwealth is recognised by its members as the "symbol of their free association", attends Commonwealth Heads of Government summits and the quadrennial Commonwealth Games and on every Commonwealth Day, the second Monday in March, broadcasts a message to all member countries.

Every two years a Commonwealth Heads of Government Meeting (CHOGM) is held, at locations throughout the Commonwealth. The Head of the Commonwealth is normally present in the host country, and has a series of private meetings with the Commonwealth countries' leaders and attends a CHOGM reception and dinner, and makes a speech there. The latest CHOGM was held in November 2009 in Port of Spain, Trinidad and Tobago; the next meeting will be held in 2011 in Australia.


History


The London Declaration of 1949, devised by Canadian Prime Minister Louis St. Laurent, stated that the monarch would be a symbol of the free association of independent countries, and as such the Head of the Commonwealth. These words meant that kingdoms that were not Commonwealth Realms, as well as republics, could remain members - they could recognise the monarch as Head of the Commonwealth without accepting the person as the country's head of state.

Thus when India adopted a republican constitution on January 26, 1950, it recognised George VI as the symbol of the association, but no longer as India's head of state.
When Elizabeth II came to the throne in 1952 she became Head of the Commonwealth.


On her accession she announced:

The Commonwealth bears no resemblance to the empires of the past. It is an entirely new conception built on the highest qualities of the spirit of man: friendship, loyalty, and the desire for freedom and peace.[4]

In December 1960, the Queen had a personal flag created to symbolise her as an individual and not associated with her role as Queen of the United Kingdom. Over time, the flag started to be used in place of the Royal Standard when the Queen visited Commonwealth countries where she was not head of state and for Commonwealth occasions in the United Kingdom to symbolise the Queen's role as Head of the Commonwealth. When the Queen visits Marlborough House in London, headquarters of the Commonwealth Secretariat, her personal standard is raised and not the Royal Standard.[5]

then to this page "London Declaration"


http://www.thecommonwealth.org/files/214257/FileName/TheLondonDeclaration1949.pdf
The London Declaration
The Governments of the United Kingdom, Canada, Australia, New Zealand, South Africa, India, Pakistan and Ceylon, whose countries are united as Members of the British Commonwealth of Nations and owe a common allegiance to the Crown, which is also the symbol of their free association, have considered the impending constitutional changes in India.
The Government of India have informed the other Governments of the Commonwealth of the intention of the Indian people that under the new constitution which is about to be adopted India shall become a sovereign independent republic. The Government of India have however declared and affirmed India’s desire to continue her full membership of the Commonwealth of Nations and her acceptance of The King as the symbol of the free association of its independent member nations and as such the Head of the Commonwealth.


The Governments of the other countries of the Commonwealth, the basis of whose membership of the Commonwealth is not hereby changed, accept and recognise India’s continuing membership in accordance with the terms of this declaration.
Accordingly the United Kingdom, Canada, Australia, New Zealand, South Africa, India, Pakistan and Ceylon hereby declare that they remain united as free and equal members of the Commonwealth of Nations, freely co-operating in the pursuit of peace, liberty and progress.
26 April 1949
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the time line for the beginning of commonwealth clearly points to a clearly laid out plan to have member countries under the British monarchy.

http://www.thecommonwealth.org/Internal/191086/140633/timeline/
Timeline
1884: Lord Rosebery (later British PM) calls Empire a 'Commonwealth of Nations' whilst visiting Australia.
1887: First Colonial Conference for consultation between Britain and its colonies. This leads to Imperial Conferences between the UK and Prime Ministers of the self governing dominions.
1926: Imperial Conference: UK and its dominions agree they are "equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by common allegiance to the Crown, and freely associated as members of the British Commonwealth of Nations."
Regular Prime Ministers meetings become the forerunners of today's Commonwealth Heads of Government Meetings.
1930: First Commonwealth Games held in Hamilton, Canada.
1931: Statute of Westminster gives legal status to the independence of Australia, Canada, Irish Free State, Newfoundland, New Zealand and South Africa.
1949: Beginning of the Modern Commonwealth. India decides to become a republic. London Declaration allows republics to retain membership, acknowledging King George VI as Head of the Commonwealth.
1953: Coronation of Queen Elizabeth II who becomes Head of the Commonwealth.
Head of the Commonwealth
http://www.thecommonwealth.org/Internal/191086/150757/head_of_the_commonwealth/

The London Declaration of 1949 stated that the British monarch would be a symbol of the free association of independent countries, and as such the Head of the Commonwealth. These words meant that republics could be members - they could accept the monarch as Head of the Commonwealth without being their own Head of State. Thus when Elizabeth II came to the throne in 1952 she became Head of the Commonwealth.
Today the Queen is head of state in 16 of the 54 Commonwealth member countries, all of them fully independent in which – apart from the UK – she is represented by a governor-general.
When the Queen dies or if she abdicates, her heir will not automatically become Head of the Commonwealth. It will be up to the Commonwealth heads of government to decide what they want to do about this symbolic role.
The sense of a new Commonwealth was noted by Queen Elizabeth at her accession to the throne. She said “The Commonwealth bears no resemblance to the empires of the past. It is an entirely new conception built on the highest qualities of the spirit of man: friendship, loyalty, and the desire for freedom and peace.’
The Queens role now includes, by developing tradition, a number of symbolic functions which enhance the sense of family and the vitality of the Commonwealth connection. She holds discussions with Commonwealth leaders, in national capitals, in London and during Heads of Government Meetings. She visits the host country during each summit, meeting the leaders in individual audience and at larger formal functions.
Her state visits have included most Commonwealth countries – not only those in which she is head of state – meeting the people as well as leaders. She delivers a Commonwealth Day broadcast and is present at other Commonwealth Day events including the multi-faith observance – traditionally held at Westminster Abbey – and the Commonwealth Secretary-General’s reception.


Commonwealth citizenship


Main article: Commonwealth citizen
In recognition of their shared heritage and culture, Commonwealth countries are not considered to be "foreign" to each other.[5][66][67] When engaging bilaterally with one another, Commonwealth governments exchange High Commissioners instead of ambassadors. Between two Commonwealth realms, they represent the Head of Government rather than the Head of State.
In addition, some members treat resident citizens of other Commonwealth countries preferentially to citizens of non-Commonwealth countries. The United Kingdom and several others, mostly in the Caribbean, grant the right to vote to Commonwealth citizens who reside in those countries. In non-Commonwealth countries in which their own country is not represented, Commonwealth citizens may seek consular assistance at the United Kingdom embassy.

DEAR READERS, these are my questions : -

these wordings in the commonwealth site clearly states that it is the queen who is the head of the common wealth but the wikipedia site says she has a seperate flag and she is an independent person..

if she is an independent person how can she be a lifelong chairman of a free association in whcih about 54 government heads
are members or participants under her chairmanship ? If India is participating in such an organization is it not unconstitutional ?

Moreover how can the commonwealth use the word "allegiance" to the king .. so does it mean that the British crown is still a super constitutional monarch of our Country or an exo-constitutional office above the President of India ? Cant an elected president or prime minister become the head of the commonwealth ? If that is the case how can India, under its Constitution accept to be a member of such an organization ? Tomorrow if the head of common wealth is given to (for ex) the Pope at vatican or the king of Norway or Spain , will India accept his chairmanship for ages to come ?

If Queen Elizabeth is an independent person as described in the wikipedia site having her own flag and it flying at the commonwealth functions attended by her, under which provision of our Constitution can our government recognize it as an international organisation and give it legitimacy in foreign affairs and also spend a huge sum on it including the future common wealth games ? is it not maintaining and protecting an individual and her seat at the expense of the member countries, but surreptitiously under a cleaver disguise of an international organization ?

Moreover how can Indian Government sign a declaration in 1949 saying that they accept the king as the head of a free association ? then is our Sovereign head inferior to the king or queen of England ?? and cannot ever become the head of the commonwealth which will be attended by the queen or her successors as one of the head of states?

In these circumstances will not spending for the commonwealth games itself unconstitutional ?


My opinion is our Government has hidden facts from public or half baked or misinformation has been handed out to the public and accepted the commonwealth membership, which clearly undermines our Sovereignity.

What do you say

with warm regards

S. Subramaniam Balaji, Advocate, Chennai.