2002 Meeting of Commonwealth Law Ministers and Senior Officials

2002 Meeting of Commonwealth Law Ministers and Senior Officials

Kingstown, St Vincent and the Grenadines, 18–21 November 2002 You do not have access to this content

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Author(s):
Commonwealth Secretariat
01 June 2003
Pages:
280
ISBN:
9781848598188 (PDF)
http://dx.doi.org/10.14217/9781848598188-en

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Memoranda of meeting of Commonwealth Law Ministers and Senior Officials held in Kingstown, St Vincent and the Grenadines, 81-21 November 2002.
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  • Preface

    Commonwealth Law Ministers from 34 jurisdictions met in Kingstown, St Vincent and the Grenadines from 18 to 21 November 2002. This volume contains the Memoranda prepared for the Meeting, together with the Communiqué and Meeting Agenda, and is available to the public.

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  • Expand / Collapse Hide / Show all Abstracts Good Governance and Human Rights

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    • Human Rights

      Senior Officials of Law Ministries considered, at their November 2001 meeting, a number of issues relevant to the legal protection of human rights. They recommend for consideration by Ministers, three specific issues.

    • Latimer House Guidelines on Parliamentary Supremacy and Judicial Independence

      The Latimer House Guidelines on Parliamentary Supremacy and Judicial Independence (henceforth referred to as "The Guidelines") which were adopted in June 1998 at the conclusion of a Joint Colloquium on "Parliamentary Supremacy and Judicial Independence....Towards a Commonwealth Model", were presented to the Commonwealth Law Ministers at their Meeting held in May 1999 in Trinidad and Tobago. In their Communique, Commonwealth Law Ministers "noted a set of Guidelines on good practice governing relations between the Executive, Parliament and the Judiciary in the promotion of good governance, the rule of law and human rights………and asked their Senior Officials to study the Guidelines and to report to the next Law Ministers Meeting".

    • Modernisation of the Laws of Evidence

      In Port of Spain, Law Ministers asked that consideration be given to the question of modernisation of evidence laws particularly in respect of introduction of computer evidence.

    • Freedom of Information

      Commonwealth Heads of Government at their Durban Meeting in 1999 noted the Commonwealth Freedom of Information Principles, which were endorsed by the Commonwealth Law Ministers at their Meeting in 1999 in Trinidad and Tobago. They recognized the importance of public access to official information, both in promoting transparency and accountable governance and in encouraging the full participation of citizens in the democratic process.

    • The Protection of Privacy

      Commonwealth Law Ministers, at their meeting in 1999 in Trinidad and Tobago, endorsed the Commonwealth Freedom of Information Principles. Believing that the obverse side of the freedom of information coin is the protection of personal privacy, the Secretariat proposed for consideration by Senior Officials at their meeting in November 2001 that model legislation to implement the Commonwealth commitment to freedom of information should be a model Bill on privacy.

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  • Expand / Collapse Hide / Show all Abstracts Strategies for Enhancing Democracy by Eliminating Legal Barriers to Development

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    • Draft Model Law on the Protection of Personal Information

      Senior Officials of Commonwealth law ministries, at their meeting in London in November 1991, in discussing principles of privacy, expressed the view that global developments rendered it highly desirable that member countries enacting privacy legislation relating to personal information held by the public sector should also enact legislation to protect personal information held by the private sector.

    • Strategies for Enhancing Democracy by Eliminating Legal Barriers to Development

      The purpose of this paper is to raise for consideration by Ministers various issues upon which they may wish to reflect and share experience so that the collective goal of ensuring that the law and legal infrastructure in member countries can rise to the challenge of facilitating development.

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  • Expand / Collapse Hide / Show all Abstracts Law and Technology

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    • Commonwealth Draft Model Law on Competition

      The subject of competition laws is covered generally in paper LMM(02)9 (section B). Meeting in Jersey in 2002, Law Ministers and Attorneys General from Commonwealth Small Jurisdictions acknowledged the importance of this subject and agreed to have it referred to the next Law Ministers meeting for discussion.

    • Draft Model Law on Electronic Transactions

      At their 1999 Meeting, Law Ministers recognised that the development of electronic commerce was of importance to all countries, with the potential to bring about major changes in business practices. The Meeting received a number of papers outlining the steps taken by some Commonwealth countries in developing the legal structure for electronic commerce. While Ministers recognised that existing legal principles could be rendered applicable to new forms of commerce, they stressed the need to ensure that existing rules and laws did not prevent full advantage being taken of new technology.

    • Draft Model Law on Electronic Evidence

      Law Ministers and Attorney-Generals of Small Commonwealth Jurisdictions, at their 2000 meeting, recognized that common law rules of evidence were not adequate to deal with technological advances and needed to be modernised. They welcomed the convening of an Expert Group to develop model legislation on electronic evidence to address the needs of small Commonwealth jurisdictions.

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  • Expand / Collapse Hide / Show all Abstracts International Cooperation to Combat Crime

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    • The Commonwealth Legal Response to Terrorism

      On 25 October 2001, Commonwealth Heads of Government issued a statement in which they reiterated their condemnation of all forms and manifestations of terrorism. They affirmed their resolve to individually and collectively take concerted and resolute action against terrorism. Leaders undertook to assist each other with implementation of the United Nations Security Council Resolution 1373 (Resolution 1373), universal implementation of the existing counter terrorism conventions, improving international cooperation and increased efforts to prevent the use and abuse of the financial services sector by terrorists and their organizations.

    • Commonwealth Legal Response to Terrorism

      As detailed in the related information paper (LMM(02)13), pursuant to the Commonwealth Heads of Government Statement of 25 October 2001 and the subsequent Plan of Action adopted at Coolum, several activities have been undertaken to provide assistance to member countries with implementation of Security Council Resolution 1373 (Annex A) and the existing counter terrorism conventions.

    • Proposed Revision of the London Scheme on the Rendition of Fugitive Offenders

      In 1996 Law Ministers noted that because of developments internationally and in the case law of Commonwealth countries, there might be a need to review and modernize Commonwealth extradition practice. The Secretariat was asked to continue work in this area and to report to Senior Officials on the issue. At their 1998 meeting Senior Officials agreed that the London Scheme for the Rendition of Fugitive Offenders (the Scheme) was in need of amendment to take account of experience gained since 1990 and developments in global practice, such as those addressed in the United Nations Model Treaty on Extradition (UN Model Treaty).

    • Proposed Amendments to the Harare Scheme on Mutual Assistance in Criminal Matters

      Senior Officials at their meeting in November 2001 considered several possible amendments to the Harare Scheme on Mutual Assistance in Criminal Matters.

    • Model Law on Computer and Computer Related Crime

      In Port of Spain, Law Ministers considered the impact of technology on various aspects of the law. One of the issues highlighted for further consideration was computer crime. Ministers recognized the challenges for law enforcement arising from the developments in technology including the new types of criminal activity and the difficulties associated with the gathering and use of electronic evidence.

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  • Expand / Collapse Hide / Show all Abstracts Round Table Discussion

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    • Current Legal Issues – Round Table Discussion

      At their 1999 Meeting Law Ministers expressed the view that it was an opportune time to give consideration to the question how they might maximise the opportunities given by their meetings for the development of pan-Commonwealth solutions to shared problems; for the devising of means of advancing the shared legal tradition of the Commonwealth and for maintaining and implementing the core values of the Association. They concluded that meetings should balance the tradition of sharing national experiences with the need to ensure time for adequate debate on new issues.

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  • Expand / Collapse Hide / Show all Abstracts Activities of the Commonwealth and its Partners in the Legal Field

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    • Activities of the Commonwealth in the Legal Field

      The period since the last meeting of Law Ministers in 1999 has seen significant changes in the priorities of member countries and in the Secretariat. Chief Emeka Anyaoku retired as Secretary-General and was replaced by the Rt. Hon. Don McKinnon of New Zealand in April 2000. The scheduled meeting of Heads of Government had to be postponed following the tragic events of 11 September 2001.

    • Advice to Law Ministers from Senior Officials on Various Issues

      Senior Officials considered various issues at their meeting in November 2001 that are not the subject of other specific reports or recommendations to Law Ministers. This paper records those matters and the views of Senior Officials.

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