The Commonwealth Should Play Key Role in Developing New Global Legal Initiatives

Commonwealth Deputy Secretary-General Florence Mugasha

Delegates attending the Commonwealth Law Ministers Meeting (CLMM) should play an important role in shaping and developing new global legal initiatives, said Commonwealth Deputy Secretary-General Florence Mugasha. She was speaking on 16 October 2005 following her arrival in Accra, Ghana, to attend the CLMM taking place from 17 to 20 October 2005.

The Deputy Secretary-General noted that constitutional developments and other law reforms are taking place at a rapid pace in many Commonwealth countries, and forums such as the CLMM help to promote best practices and progress that support the Commonwealth's values of good governance, democracy, human rights and the rule of law.

"The Commonwealth should not only focus on issues of international interest that impact on our community, but we should collaborate in pioneering new legal frameworks in various areas such as counter-terrorism, money laundering, asset repatriation and anti-corruption. Other important areas include judicial reform and the drafting of legislation, and the relationship between law, technology and business, looking at the vast opportunities offered by the advancement in information and communication technology, such as the internet which facilitates electronic commerce, as well as cyber crime and fraud," said Mrs Mugasha.

She stressed that the interests of small states in the Commonwealth should be taken into account in the formulation of model laws and in legal co-operation due to their vulnerability and lack of capacity. She stated the CLMM will look at the implementation of international environmental instruments in small states and how landlocked states can benefit from the 1982 United Nations Convention on the Law of the Sea (UNCLOS) in providing maritime access. For small island developing states, issues concerning the rights, obligations and deadlines under UNCLOS in relation to the extended continental shelf will be of particular interest.

The Deputy Secretary-General also noted that the revised model bill on competition will benefit member countries in the promotion of a level playing field in international commerce, as will the implementation of World Trade Organisation agreements on intellectual property rights and access to affordable drugs by least developed states.

While in Accra, Mrs Mugasha called on Ghana's Attorney-General and Minister of Justice, Joseph Ayikoi Otoo, to discuss issues on the CLMM's agenda, which include criminal law and asset repatriation.

The Justice Minister was briefed on the work of the Commonwealth Secretariat in providing assistance to member countries in constitutional drafting. The Deputy Secretary-General explained that some Commonwealth countries do not have the capacity to do legal drafting, therefore the model laws developed by the Commonwealth serve as a basis for countries to adopt and adapt for their needs.

Mrs Mugasha also held talks with the country's Foreign Minister, Nana Akufo-Addo, where the agenda for the Commonwealth Foreign Ministers Meeting and preparations for the Commonwealth Heads of Government Meeting in Malta from 25 to 27 November 2005 were discussed.

The Deputy Secretary-General expressed thanks to the Government of Ghana for supporting Commonwealth technical assistance programmes and urged the Government to increase its contributions to the Commonwealth Fund for Technical Co-operation, as discussed at the meeting of Commonwealth Finance Ministers in Barbados in September this year.

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