Current and future engagements

Criminal Law work:

  • The Harare Scheme relating to Mutual Assistance in criminal Matters within the Commonwealth is a voluntary scheme which provides a framework for cooperation between Commonwealth countries. It was adopted by Commonwealth Law Ministers in 1986 - we are currently undertaking a comprehensive review in light of recent developments in international cooperation. A model law for the implementation of the Harare Scheme is also being considered.

  • Corruption – Legislative and Technical Guide to the United Nations Convention Against Corruption (UNCAC) is to be distributed to all Member States. The guide will be kept under review.

  • Whistleblowing – the model legislative provisions which were adopted at the LMM 2008 will be circulated to Member States and implemented in domestic law.

  • Anti-Money Laundering and Countering the Financing of Terrorism – work will be carried out to support national, regional and sub-regional initiatives. This will include; assisting in the upgrading/enactment of laws in compliance with the 40+9 recommendations of the Financial Action Task Force; facilitating the development of and support for Financial Intelligence Units (FIUs) in Member States and providing training in this area.

  • Counter-Terrorism – Capacity building work will continue, drawing upon the Commonwealth Manual on Counter Terrorism: Practice and Procedures. Senior Officials the Commonwealth Committee on Terrorism will meet in London in February 2009 and will discuss revision of the Commonwealth Plan of Action on Terrorism.

  • Small Arms and Light Weapons (SALW) - assistance is to be provided to Commonwealth Member States in relation to the implementation of the United Nations Programme of Action on SALW and to the ongoing Arms Trade Treaty negotiations.

  • Human Trafficking - CLS are developing a Commonwealth Plan of Action to Combat Human Trafficking, which would take into account the work of other regional and international organisations.

Strengthening the Criminal Justice System – a new programme with a combination of face to face and web-based elements will be launched by the Criminal Law Section in 2009. This programme encompasses our mandates on Prosecution Disclosure Obligations, Alternative Sentencing and assisting and protecting Victims and Witnesses and Prosecuting Transnational Organised Crime which will also include units on cyber crime,Corruption and Human Trafficking.

Legal Development work:

  • Enforcement of Intellectual Property Rights – best practice to be developed for law enforcement officers and prosecutors
  • Model law on leasing to be circulated to Member Countries for implementation in domestic law. Assistance to be provided on request.
  • Recognition and enforcement of foreign judgement – related issues to be debated and circulated to Member Countries with the feasibility of a Commonwealth Model Law
  • Request for assistance to be provided on implementing competition regimes.

Dissemination of legal information:

  • We organise regional forums on topical issues relating to International Law, such as the establishment and jurisdiction of regional courts, the impact of international law on national constitutions and domestic laws, and the promotion of peace and human security through regional legal initiatives. These forums aim to enhance understanding of legal developments within the Commonwealth and within International Law generally, and promote accessibility to key analysis for Commonwealth countries. Following the first forum for the Caribbean region in May 2008, which covered, among other areas, domestic Constitutional issues, two regional forums are planned for Southern and Eastern Africa in February and May 2009.

  • Four times a year the Commonwealth Law Bulletin is sent out to all Ministries of Justice, Courts of Law and other legal institutions across the Commonwealth, including Law Reform Agencies, Bar Associations and Universities. It aims to ensure that legal information, including the latest judicial decisions, legislation and law reform initiatives, is made widely available to all Commonwealth countries. For our December 2008, we worked in collaboration with the International Committee of the Red Cross, to produce a Special Issue on International Humanitarian Law for Commonwealth countries.

Judiciary, Justice and Legal Reforms

  • The Judiciary - continued assistance for the training of judges
  • Justice sector reforms – assisting countries in promoting coordination between justice sector agencies with a view to strengthening criminal justice systems
  • Prison reforms – working with Commonwealth member states to formulate a strategy towards reducing the overall number of prisoners held in detention
  • Legislative Drafting – continued assistance in the training of drafters and the development of toolkits such as drafting manuals and guidelines in the legislation process
  • Law Reform – provide assistance in the establishment and building the capacity of law reform agencies especially in small Commonwealth jurisdictions
Provision of legal aid and assistance – assist Law Societies and Bar Associations to build their capacity in providing legal aid and assistance and pro bono services to ensure access to justice for all members of society