Law

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The Commonwealth Secretariat has provided training and advice for magistrates and judges in Africa, Asia and the Caribbean, helping them hear and finalise cases without unnecessary delays. Court administrators are also trained in dealing with the public and legal procedures to avoid delays.

The Secretariat trains police and prosecutors to help them be better prepared to prevent, detect, investigate and prosecute acts of terrorism and tackle money laundering. We also assist member countries in setting up national training programmes.
 
We assist countries to stem the shortage of specialist lawyers, for example legislative drafters, by providing technical assistance and setting up training courses, holding regional forums in Africa, Asia, the Caribbean and the Pacific.

The Commonwealth Law Bulletin provides a legal research resource, particularly in jurisdictions where a wide range of Commonwealth legal journals are unavailable.

What are the Secretariat’s goals in this area?

Our goals are to contribute towards:

• Stronger judicial processes, independent and honest judiciaries and strong, independent and competent legal professions
• Trained legislative drafters to draft good laws and enhance legal reforms
• Enhance the dissemination of and access to legal information
• Developing and adopting measures and strategies to combat transnational crime, counter terrorism and anti-corruption.
• Supporting international cooperation on criminal matters. 
• Increasing understanding of the Commonwealth’s legal principles. 
• Develop model legislation that countries can use to help them give effect to international obligations in domestic law.
  

What is the rule of law?

Rule of law exists where everyone is protected and treated equally before the ordinary law and the ordinary courts, whether they be officials or not. When the rule of law is adhered to and respected there is usually a functional legal system, the absence of the exercise of arbitrary power, and equal access to justice for everyone.

How do we measure progress?

We use the Organisation for Economic Co-operation and Development’s self-evaluation tool to chart Commonwealth progress on the implementation of international conventions and treaties, and to show cases where domestic legislation has given effect to international obligations. We also rely on feedback from Governments.

What do we mean by transnational crime?

Transnational crime occurs when criminal activity takes place in more than one country, or when a crime takes place in one country but has serious consequences in another. For example, in the crime of human trafficking the recruitment takes place in one country (the source country) but the exploitation may take place in another (the destination country). Also in the case of counterfeiting and piracy, there is the manufacturing country, the transiting country (through which the fake goods are transported) and the destination country where the goods are sold/consumed. In this case, the crime tend to be committed in the country where the goods are sold/consumed but the cooperation of all countries are required to tackle the problem.

If we would like assistance from the Secretariat what should we do?

The Secretariat is ready to assist all Commonwealth countries wishing to strengthen their administration of justice. Formal requests in writing for assistance should be directed to the Legal and Constitutional Affairs Division of the Commonwealth Secretariat and, ideally, should specify the assistance being sought. However, the Secretariat is also prepared to act on more generic requests. These formal requests would normally be made by the Chief Justice or the Justice Minister.

Following the request, a mission will be undertaken to assess the needs of a country. The report of this mission will make recommendations and set out priorities, and on the basis of these priorities, a formal offer of assistance will be made. The cost of the assistance is borne by the Secretariat and where appropriate, it cooperates with other donors in order to avoid duplication and to maximise the value of assistance.

Which countries are eligible to benefit from our HIPC Initiative?

To obtain the reliefs under the initiative, a country must be facing an unsustainable debt situation. This means that if the country’s ratio of debt-to-export levels is above 150 per cent or if the country has a huge fiscal burden, for example, if the ratio of debt-to-government revenues is above 250 per cent, they are eligible.

Debt relief is provided when countries show that they are on the way to sustainable growth through the establishment of sound macroeconomic and structural policies to provide a good environment for economic activity and poverty reduction.

The structural and economic policies are highlighted in a Poverty Reduction and Growth Facility (PRGF) Report, which is supervised by the International Monetary Fund. On successful implementation of the Poverty Reduction Strategy for one year, debt relief is provided irrevocably by the creditors. All the 22 countries which have benefited have successfully implemented this report and have obtained 100 % of debt cancellation.

More about the Commonwealth's work on Law

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