Project Examples

Combating corruption

The overall aim of the Secretariat’s anti-corruption programme is not only to encourage and facilitate the implementation of anti-corruption laws within the Commonwealth, but to also ensure that the domestic institutions, such as newly established anti-corruption commissions, are properly empowered and resourced to enforce those laws.

A number of workshops which aim to build expertise and the ability of countries to combat corruption have been organised across the Commonwealth; including Bangladesh, Kenya, Namibia, Nigeria, India, and Swaziland, in addition to the provision of technical assistance programmes in Kenya, Swaziland and the Pacific Islands region.

Counter-Terrorism

Following the events of 11 September 2001, Heads of Government on 25 October 2001 condemned acts of terrorism. Subsequently, in 2002 Heads of Government adopted a Commonwealth Plan of Action on Terrorism (CPAT), which called for assistance to be provided by the Secretariat to member states to combat terrorism. Based on that mandate, the long term Counter-Terrorism project commenced in 2002 and focused on; (i) providing member states with the necessary legislative framework; and (ii) building capacity of law enforcement agencies and prosecutors to combat terrorism and other serious organised crime. The Commonwealth Committee on Terrorism will be convened in February 2009 and will discuss revision of the Commonwealth Plan of Action on Terrorism.

Strengthening the Criminal Justice System

The Criminal Law Section has launched a new initiative on “Strengthening the Criminal Justice System” which encompasses our mandates on Prosecution Disclosure Obligations, Alternative Sentencing and assisting and protecting Victims and Witnesses. The Programme will also include sections on Corruption and Human Trafficking. The Criminal Law Section will launch a comprehensive prosecution training programme for senior to middle level prosecutors from Prosecution/Attorney Generals departments in Commonwealth countries. The Programme will have an 8 week interactive web based component, a 4 day intensive face to face seminar and a 12 month mentoring programme which will begin at the completion of the training. The Programme will be launched first in the Asia/Pacific region on or around 20th April 2009. It is anticipated that it will be taken with appropriate changes to other regions of the Commonwealth.

Legislative drafting

Our training courses across the Commonwealth aim to give lawyers the required skills to draft legislation effectively. Their enhanced skills will result in an increase in the number of new laws that are written, thereby strengthening democracy and the rule of law across the 53 member states.

In January 2006, July 2007 and July 2008 three courses were held in Ghana, which were attended in total by over 75 lawyers from at least 15 African countries. Courses have also been conducted in the Caribbean region in January 2007 and April 2008.

“Lawyers like me can only benefit from courses like this. When the Commission where I work chooses to have its own drafting team then my colleagues and I will be ready to let this training come into good use,” said David Osei Asare from Ghana’s Law Reform Commission, who attended the most recent course.

Legal Dissemination

In December 2008, with the cooperation of the International Red Cross and Red Crescent Movement, we published a Special Issue of the Commonwealth Law Bulletin on International Humanitarian Law. We also work closely with the Movement to ensure widespread dissemination of IHL laws, rules and principles across the Commonwealth.

In May 2008, we organised a regional seminar on Constitutional and Administrative law for the Caribbean region which was based on a multi-stakeholder approach, bringing together judges, officials and academics to discuss and develop solutions relating to the growing role of the Caribbean Court of Justice and the implications of the jurisprudence of this Court.

Improving efficiency of courts

The most serious consequence of the backlog of criminal cases is the detention of people awaiting trial. Such people can be held in custody for a substantial period of time before their case is determined.

Another consequence of the backlog - this time relating to civil and commercial cases - is that it discourages commerce in the country. The backlog serves to scare investors away; this is due to the fact that litigation is an ordinary component of commercial activity and the inefficiencies arising from this backlog could be very costly for investors. It is therefore important to improve case flow management.

The Commonwealth Secretariat has put in place a strategy to make the systems for managing cases in Swaziland more efficient. This includes training magistrates to increase their capacity to determine more cases, court personnel to increase their efficiency and legal drafters by providing trained professionals to mentor them. The Secretariat is also providing two judges for the High Court of Swaziland to help reduce this backlog.

Raymond Nelson, who conducted the training for magistrates and registrars from Swaziland said: “The training was extremely useful and helped reinforce and increase Swaziland’s magistrates’ and registrars’ knowledge of criminal and civil law.”

Training police

In August 2007, the Secretariat organised a meeting in Zanzibar for the police, which discussed police handling of domestic violence and the treatment of juvenile suspects. This meeting brought important stakeholders together, including the police, law courts, social welfare and public prosecution representatives, to discuss how to improve police handling of such cases. It gave rise to the production of draft Police Rules of Procedure, which will eventually be implemented throughout the country.

The draft Rules of Procedure are currently awaiting official approval. Once approved, training will be provided to the police on their use. Concurrently, a public information campaign to inform citizens of these procedures and their rights will be carried out. This information campaign will begin in Zanzibar and later move to mainland Tanzania.