Pacific countries consulted on draft integrity law

Nine Commonwealth Pacific islands countries have taken part in consultations on a draft model law to ensure public officials act ethically.

The draft Integrity in Public Life Act, which will become a model for all Commonwealth small jurisdictions, includes a code of conduct for public officials and guidelines on conflict of interest.

It was reviewed by representatives of law ministries and Attorneys-General from Cook Islands, Kiribati, Nauru, Niue, Papua New Guinea, Samoa, Solomon Islands, Tonga, Vanuatu and non-Commonwealth country Marshall Islands at a consultation in Auckland, New Zealand, from 17 to 18 November 2011.

Provisions in the draft include the creation of an Integrity Commission to investigate breaches of the code of conduct and to publish guidelines on conflict of interest, to avoid any perception that public officials have an interest in decisions that they may take.

Mark Guthrie, Legal Advisor in the Justice Section of the Legal and Constitutional Affairs Division at the Commonwealth Secretariat, said the process is unique as it allows small countries to have a say in what will become a model for use by all Commonwealth small jurisdictions.

The model law was mandated at the 2007 Meeting of Law Ministers of Small Commonwealth Jurisdictions and a first draft was put together as a result of recommendations made at a 2010 Caribbean regional seminar in Montego Bay, Jamaica.

“The Auckland seminar provided us with valuable material to revise and supplement the draft. The next step will be for our experts to produce a second draft,” said Mr Guthrie.

“The model law is not intended to rival or displace other models or options available. It will be for each small jurisdiction considering enacting a law on Integrity in Public Life to consider its provisions and to adapt them according to their particular needs,” he added.

A third round of regional consultation will be held in Africa in 2012 before the final draft is presented to law ministers of small Commonwealth jurisdictions at their meeting in 2013.