The Commonwealth Secretariat and law reform: a new dimension 12 April

Mandate The Commonwealth Secretariat obtains its mandates at the Commonwealth Heads of Government Meeting (CHOGM) as well as from meetings of Ministers. The Commonwealth Attorneys-General and Law Ministers meet every three years to review the work of the Rule of Law Division of the Secretariat and to propose new mandates. The last meeting took place in Botswana in May The Commonwealth also holds a bi-annual meeting of Law Ministers of Small Commonwealth Jurisdictions to address areas of work of particular interest to its member countries with a population of less than 2.5 million. The last meeting took place in London in September

Commonwealth Charter Rule of Law We believe in the rule of law as an essential protection for the people of the Commonwealth and as an assurance of limited and accountable government. In particular we support an independent, impartial, honest and competent judiciary and recognise that an independent, effective and competent legal system is integral to upholding the rule of law, engendering public confidence and dispensing justice. 3

Commonwealth Strategic Plan New Strategic Plan for 2013/14 – 2016/17 Strongly influenced by the Commonwealth Charter Three overarching goals: - Strong democracy, rule of law, promotion and protection of human rights and respect for diversity - Inclusive growth and sustainable development - A well-connected and networked Commonwealth. 4

Commonwealth Strategic Plan Six strategic outcomes: 1) Greater adherence to Commonwealth political values and principles 2) More effective, efficient and equitable public governance 3) Enhanced positive impact of social development 4) Youth more integrated and valued in political and development processes 5) More inclusive economic growth and sustainable development 6) Strengthened resilience of small states and vulnerable states 5

Rule of Law Division New name since July 2014 Two sections: Justice and Law Development Newly created Law Development Section will address law reform 6

New approach to law reform Law Development Section’s objectives Rule of law and development (post-2015 Agenda) Emerging areas of the law Legal frameworks Increased focus on research and keeping member states informed of new developments Challenges faced by small states, e.g. climate change Creation of networks – Knowledge hubs Long-term experts: focus on mentoring and create pan- Commonwealth network 7

Rule of law and sustainable development Promote the participation of Commonwealth countries in the UN process, particularly small states Goal 16. Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels Importance of sound legal framework in sustainable economic development: Public finance Environment Access to health and education Promoting equality 8

Promote sustainability Creation of tools: model laws, handbooks, guidance notes Exchange of best practices and expertise Less focus on short-term trainings Policy papers Commonwealth Cybercrime Initiative model Commonwealth Law Bulletin 9

Presented by:Marie-Pierre Olivier Legal Adviser, Legal Policy Rule of Law Division Tel:+44 (0) April