Communiqué
| Pages | VII-XXXIII |
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Commonwealth Law Ministers met in Accra, Ghana, from 17 to 20 October 2005. The Meeting was opened at a ceremony in the Accra International Conference Centre at which the speakers were the Attorney General and Minister of Justice of Ghana; the Chief Justice of Ghana; the Deputy Secretary General of the Commonwealth; and the Minister of Foreign Affairs of Ghana representing His Excellency the President of the Republic of Ghana, who personally received Heads of Delegation on the final day of the Meeting. The plenary sessions of the Meeting were held in the Homowo Conference Centre, Accra under the chairmanship of the Attorney General and Minister of Justice of Ghana. Ministers expressed their warm appreciation for the generous hospitality accorded to them by the Government of Ghana and the preparations for the Meeting made by their host and the Commonwealth Secretariat.
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Law Ministers' deliberations covered many important contemporary issues touching on aspects of their responsibilities for civil and criminal justice, the progressive development and reform of the law, the role of law and the legal profession in supporting democracy and good governance, as well as certain areas of international law.
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Every Commonwealth country is a party to the United Nations Convention on the Rights of the Child, and that provided the background for Law Ministers' consideration of juvenile justice policy. The discussion was assisted by a paper reviewing present policies in a number of Commonwealth jurisdictions. Law Ministers were able to offer insights from the experience of their own countries, many of which had recently, or were about to, review their juvenile justice legislation. There was general support for some key policies: diversion from court proceedings; diversion from custody; and the use of lawyers and judges with specialised training. Several Law Ministers were able to report the success of restorative justice initiatives which offered a constructive approach and had a part to play in preventive programmes to which Ministers attached importance.
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Law Ministers welcomed the work already undertaken by the Commonwealth Secretariat and asked that the Secretariat should explore the issues further, drawing in particular on the experience of developing countries and including issues concerning the child as a witness. They encouraged the Commonwealth Secretariat to continue to support member countries in complying with the United Nations Convention and to bring a further paper on good practice in juvenile justice to their next Meeting.
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The Meeting heard a presentation on behalf of the Commonwealth Association of Law Reform Agencies (CALRA) in support of its paper on the role and effectiveness of law reform agencies. Law Ministers were very conscious of the need for continuous reform of the law to keep pace with changes in society, to cope with the often highly technical requirements of international bodies such as the Financial Action Task Force, and in some cases to complete the overhaul of legislation dating from pre-Independence times. Individual Ministers from the Caribbean, Southern Africa and the Pacific were able to testify to the great advantages to be gained from collaboration with other law reform agencies in their region: duplication was avoided and the resulting commonality in legislation across a region was very helpful.
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Noting that only about a half of Commonwealth countries had a law reform agency, Law Ministers welcomed the establishment of CALRA, encouraged the creation of law reform agencies in more Commonwealth countries, and agreed that an adequately-resourced agency, working independently of Government but responsive to Government priorities, offered many advantages over other models. The Meeting hoped that CALRA would continue its work and give consideration to the particular needs of small jurisdictions.
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The Meeting received a paper prepared by the Commonwealth Secretariat at the request of Law Ministers of Small Jurisdictions who at their meeting in 2004 had considered the principles which should govern the regulation of broadcasting organisations. The paper contained a set of Guidelines for an Independent Regulatory Framework for Commonwealth Broadcasting Organisations. Law Ministers recognised features of broadcasting regulation which promote democracy: a right of appeal and a right of reply; an obligation for news to be accurate and impartial; and rules which prevent discrimination and incitement to crime, including racial or religious hatred. They saw it as an accepted best practice to have a regulatory body independent of political or industry influence and control. There should be clear legal provision as to the remit and funding of the regulator and the process of appointment. The Meeting endorsed the Guidelines and encouraged the Commonwealth Secretariat to assist Member States in their implementation.
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Turning their attention to legal education, Law Ministers received a thoughtful paper prepared by the Commonwealth Legal Education Association (CLEA). They welcomed the CLEA's work on curriculum development notably in subjects such as human rights in the Commonwealth and transnational crime. Law Ministers recognised the problems of small States without a law school, and also the need for specialist training in such matters as mutual legal assistance and extradition.
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Many jurisdictions experienced difficulties in gaining access to legal materials. The Attorney-General of Australia informed the Meeting of the establishment of the Commonwealth Legal Information Institute which offered access to 486 databases from 51 Commonwealth jurisdictions. The Meeting adopted a resolution in the following terms:
Commonwealth Law Ministers welcomed the development of the Commonwealth Legal Information Institute (CommonLII). The Meeting noted that CommonLII is an Internet research facility providing free access to legal information from all Commonwealth countries. The Meeting encouraged all countries to co-operate in the development of CommonLII by providing, to the extent possible, access to their legal materials, including legislation, case law and law reform reports.
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Law Ministers received a report on the work of the Commonwealth Secretariat in responding to a need recognised by Commonwealth Heads of Government in 2003 to intensify efforts to assist members in strengthening democracy and democratic institutions through the provision of constitutional, electoral and legal assistance. The report included a detailed paper which had been considered by Senior Officials at their meeting in 2004. This examined, inter alia, the methodology of constitutional change and a range of related good governance issues. Ministers recalled in this context the speech by the Chief Justice of Ghana at the Opening Ceremony in...
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