2005 Meeting of Commonwealth Law Ministers and Senior Officials

Communiqué

Juvenile Justice. Law Reform. Regulating Broadcasting Organisations. Legal Education in the Commonwealth. Constitutional Developments in the Commonwealth. Gender and Human Rights in the Commonwealth. Commonwealth Land-locked States and the Law of the SEA. Proliferation of Small Arms and Light Weapons. International Humanitarian Law. Criminal Defamation in the Commonwealth. Human Rights. Amendments to the Harare Scheme. Civil Recovery of Criminal Assets and Terrorist Property. A Commonwealth N...

Agenda and Indicative Timetable

Day 1: Monday, 17 October 2005. Day 2: Tuesday, 18 October 2005. Agenda Item 1: Issues for Ministerial Consideration. Day 3: Wednesday, 19 October 2005. Agenda Item 2: Recommendations From Solm. Day 4: Thursday, 20 October 2005. Agenda Item 3: Roundtable Discussions (Updates on Commonwealth Secretariat Activities). Day 5: Friday, 21 October 2005.

Memoranda

Justice And Good Governance Issues

Towards Good Practice in Juvenile Justice Policy in the Commonwealth

1. Introduction.2. Methodology. 3. Key Issues. 3.1 Ages of criminal responsibility, prosecution and adulthood. 3.2 Dealing with antisocial behaviour. 3.3 The aims of juvenile justice. 3.4 Restorative justice processes and juvenile justice.3.5 Diversion from court. 3.6 Diversion from custody. 3.7 The range of dispositions available. 3.8 Protecting young offenders' rights. 3.9 Time taken to process cases. 3.10 Preventing discrimination. 3.11 Recognition of cultural diversity. 3.12 Encouraging p...

Law Reform Agencies: Their Role and Effectiveness

Background. The number and types of Law Reform Agencies. Their Growth. Law reform agencies. What they are. What they do. The advantages of independent law reform agencies. Independence. Aspects of Independence. Safeguarding Independence. Volunteer Input. Expertise. Focus. Continuity. Role and effectiveness of law reform agencies in the commonwealth. Standards and Values. Successes. Problems. The impact and implementation of law reform agencies' recommendations. (a) Legislation. (b) Alternativ...

Developing Legal Education in the Commonwealth: Some Current Issues

Introduction. Legal education in the commonwealth: the current position. Current constraints on the provision of legal education. Developing strategies for strengthening legal education. A. Exploring additional methods for delivering high quality legal education. B. Establishing new law schools and expanding access to law studies. C. Ensuring adequate access to legal information. D. Curriculum development. E. Professional legal training. Supporting law students. Contribution of law schools an...

Guidelines for an Independent Regulatory Framework for Commonwealth Broadcasting Organisations

Introduction. Independent regulation. Creation and Remit. Appointments and termination. Funding. Accountability. Secretariat Proposal. An independent public service broadcaster ("PSBS"). Creation and remit. Appointment and termination. Funding. Accountability. Secretariat Proposals. Annex 1. Broadcasting legislation and regulations: issues for discussion. Paper by Eve Salomon, Solicitor & Media Consultant. 1. Background. 2. Recommendation. 3. Background Discussion. 4. Democratic Purposes. 5. ...

Constitutional Developments in the Commonwealth

Introduction. Consideration by Senior Officials. Constitution-making process. Action for Law Ministers. Annex A. Constitutional developments in the commonwealth. Introduction. The methodology of constitutional change. Devising and adopting a new constitution. Constitutional amendment. Special factors affecting constitutional reform. Ethnicity and communal tensions. Constitutional breakdown and the restoration of democracy. Traditional Rulers. Small states and territories. Governance and pover...

Gender and Human Rights in the Commonwealth: Critical Issues for Action in the Plan of Action for Gender Equality 2005-2015

Background. Advancing women's rights: the work of the secretariat. Key gender and human rights issues for action in the POA. Conclusion.

Legal Development Issues

Commonwealth Land-locked States and the Law of the Sea

Background. Measures that should be taken by land-locked states. Action by law ministers. Report. Introduction. Activity by the commonwealth secretariat. Does UNCLOS help land-locked states?. (i) Affirmation of Existing Rights. (ii) Creation of New Rights. Giving effect to the law of the sea convention. Conclusion.

Criminal Law Issues

Report on the Proliferation of Small Arms and Light Weapons Within the Commonwealth

Introduction. Small arms and light weapons as a commonwealth priority. United nations programme of action. Recent initiatives and developments. States' existing obligations under international law. Common approaches to addressing salw problems. Considering the role of the commonwealth secretariat. Action by Law Ministers.

International Humanitarian Law (IHL)

Introduction. Encouraging improved ihl implementation. (a) Treaty accession. (b) Legislative implementation. (c) National Committees. Action by Law Ministers: Action by the Commonwealth Secretariat: Promoting commonwealth work on controlling the transfer of small arms and light weapons (SALW) to violators of IHL. Action by Law Ministers: Action by the Commonwealth Secretariat: Announcing the customary international humanitarian law study.

Criminal Defamation in the Commonwealth - a Case for Abolition

Background. History. The role of the commonwealth press union. Brief overview of criminal defamation status in select commonwealth countries. Australia. Canada. Commonwealth Caribbean. Nigeria. Conclusion.

Human Rights Education and Awareness Projects

Commonwealth best practice. Human rights education - model human rights courses and curricula. Human rights education - rights education for youth. Human rights education - police and law enforcement officers. Human rights education - curriculum development in schools. Human rights education - the media and legal issues of freedom of the press. Human rights education - human rights in counter-terrorism. Conclusion - human rights education - general matters.

The Harare Scheme on Mutual Assistance in Criminal Matters: Possible Amendments to the Scheme and Discussion of Interception of Communications and Related Matters

Introduction and terms of reference. Possible amendments to the harare scheme on mutual assistance. Preservation of Computer Data. Possible action. Interception of communications. Possible action. Annex 1. Summary of Recommendations of the expert working group. Annex 2. Scheme relating to mutual assistance in criminal matters within the commonwealth including amendments made by Law Ministers in April 1990 and November 2002. Purpose and scope. Meaning of country. Criminal matter. Requests for ...

Civil Recovery of Criminal Assets and Terrorist Property: Harare Scheme on Mutual Assistance and Draft Model Legislative Provisions

Introduction. Draft model law on civil recovery of criminal assets including terrorist property. Consideration by senior officials. Action by law ministers. Annex 1. Draft commonwealth model legislative provisions on the civil recovery of criminal assets including terrorist property. Division 1 - Interpretation. 1. Definitions. 2. General Provisions. Division 2 - Restraining Orders. 3. Restraining Order. 4. Ancillary orders - Receivers. 5. Ancillary orders - Persons Affected by Restraining Or...

Enhancing Legal Co-operation Within the Commonwealth: Proposal for the Establishment of the Commonwealth Network of Contact Persons

Introduction. Background of other networks. European Judicial Network. The Spanish and Portuguese Speaking Network. The commonwealth network - the proposed scheme. Objective of the network. Composition. Functions of the network. Functions of the contact points. Meetings of the contact points in the network. Web page and list of contact points. Contacts with other networks and countries. Cost. Senior officials. Annex. Commonwealth network of contact persons (CNCP) framework of the CNCP. Articl...

Further Initiatives in Capacity Building to Combat Terrorism

Background. Initiatives. Abuse of Technology. Action Sought. Tracking and Disrupting the Movement of Terrorists and Preventing Abuse of Travel Documents. Action sought. Abuse of Refugee Systems. Action sought. Abuse of Charities or Non-Profit/Non-Governmental Organisations. Action Sought.

Revised Commonwealth Statement of Basic Principles of Justice for Victims of Crime

Annex. Draft commonwealth statement of basic principles of justice for victims of crimes.

Explanatory Memorandum to the Draft Model Bill on the Protection of Personal Information and the Recommendation From Senior Officials to Law Ministers

Law Enforcement. National Security. Annex. Draft model legislative provisions protection of personal information act [......]. Arrangement of Sections. Part I. Preliminary. Section. Part II. Processing of personal information. Part III. Duties of organisations with respect to records of personal information. Part IV. Access to personal information. Part V. Investigation of complaints. Bill. Part I. Preliminary. Short title. Commencement. Object of Act. Interpretation. Application of Act. Savi...

Revised Model Bill on Competition

Explanatory memorandum to the model bill on competition. Introduction. The draft model law. The long title. Part I. Preliminary. Clause 2. Interpretation. Clause 3. Objects. Clause 4. Application. Part II. The competition commission. Clause 5. Establishment of Commission. Clause 9. Functions and duties of Commission. Clause 10. Delegation of powers. Clause 11. Appointment of Executive Director and other employees. Part III. Financial provisions, accounts and annual report. Clauses 12 to 16. F...

Commonwealth Action in the Field of Private International Law

Introduction. Child support and family maintenance in international cases. Commonwealth arrangements. A new Hague Convention. REMO Orders and the new Convention. The recognition and enforcement of foreign judgments. The Hague Judgments Project. Commonwealth Practice as to Foreign Judgments. Improving Commonwealth practice. Clarifications. Bases not found in current Commonwealth practice. Other hague conventions.

Report on Legal Assistance for HIPC Countries

Background. Activity. Conclusion.

Roundtable Discussions

Report of Activities of the Commonwealth Secretariat in the Legal Field

Introduction. General issues. Organisation and staffing of the division. Provision of information. Commonwealth Law Bulletin. Criminal law section (CLS). Good Governance and the Elimination of Corruption. Provision of Information. Asset Repatriation Working Group. International Criminal Court. Terrorism. Justice section (JS). Land and Development. Judicial and Legal Reform. Freedom of Information and Privacy. Legislative Drafting. Inter-Divisional Collaboration. Law development section (LDS)....

Justice and Good Governance Issues

Commonwealth Principles on the Accountability of and the Relationship Between the Three Branches of Government

Introduction. Dissemination of the Principles. Annex. Commonwealth principles on the accountability of and the relationship between the three branches of government. Objective. I. The Three Branches of Government. II. Parliament and the Judiciary. III. Independence of Parliamentarians. IV. Independence of the Judiciary. V. Public Office Holders. VI. Ethical Governance. VII. Accountability Mechanisms. (a) Executive Accountability to Parliament. (b) Judicial Accountability. (c) Judicial review....

Curriculum Development and Training in Legislative Drafting

Introduction. The Short-Term Curriculum. Consideration by Senior Officials. Action for Law Ministers. Annex. A curriculum for training legislative drafting. A. Introduction. B. Underlying considerations. C. A Suggested Course Syllabus. A Suggested Foundation Course Syllabus. I. Introduction. II. The drafting process. III. Drafting constraints. IV. The legislative process. V. Legislative syntax. VI. Legislative style. VII. Legislative structure and arrangement. VIII. Drafting preliminary and f...

Building Integrity and Combating Corruption in Commonwealth Judiciaries - An Update

Introduction. Activities.

Legal Development Issues

Update on the Establishment of Final/Regional Appellate Courts

Background. Activity.

Implementing International Environment Instruments in Small States

Background. Summary of International Environment Agreements. Conclusions and Submissions. Annex. Parties to conventions for the conservation and management of the environment and related agreements.

Update on Developments on the Commonweatlh Law Bulletin

Background. Important changes implemented in 2005. Editorial advisory board. Conclusion.

Trips & Public Health

Background. The 30 august 2003 decision. SASD'S Economic and legal section (ELS) programme of technical assistance. Conclusion.