Commonwealth Lawyers Association

Commonwealth Lawyers Association

The Commonwealth Lawyers Association ("CLA") was founded in 1983 to group professional and academic lawyers from Commonwealth countries. It exists to promote and maintain the rule of law throughout the Commonwealth by ensuring that an independent and efficient legal profession, with the highest standards of ethics and integrity, serves the people of the Commonwealth. It also organises the annual Commonwealth Law Conference.

Contents

History

The first Commonwealth & Empire Law Conference was held in London in 1955. An Executive Committee with representatives from a number of law societies/bar associations across the Commonwealth was responsible for the organisation of the conference.

In organising the second Commonwealth & Empire Law Conference (Canada, 1960), the organisers realised that as the number of members of the Commonwealth had increased since 1955, planning decisions had to be made by the host country in consultation with the newly appointed Inter – Commonwealth Advisory Committee (ICAC) composed of lawyers from 10 Commonwealth countries.

The representative from Ceylon (now Sri Lanka) on the ICAC raised the issue of the desirability of establishing a British Commonwealth Law Institute. This reflected the considerable and widespread view that further contacts between lawyers was desirable, and it was decided to invite the committee to consider the issue and any detailed proposals at the next conference to be held in India.

As a direct result of this, the Commonwealth Legal Bureau (CLB) was established in 1968 as a loosely knit association of bar associations and law societies.

The first Commonwealth Law Conference (5th Conference) was held in Scotland in 1977. Prior to conference, the CLB elected Mr Laurence Southwick to be the Honorary Secretary. It was also agreed that the CLB should be constituted on a more formal basis – with a Constitution setting out its powers and responsibilities. It was felt that it had done useful work in the past and would continue to do valuable work in the future as the continuing link between the bar associations and law societies. The CLB would be answerable to the ICAC and would have responsibility for the law conferences.

At the Commonwealth Law Conference held in Hong Kong in 1983 it was agreed that the CLB should be replaced by the Commonwealth Lawyers’ Association (CLA) and a Constitution was subsequently adopted in Jamaica in 1986[1].

Membership & Governance

Membership of the CLA comprises individual legal practitioners from Commonwealth countries as well as the bars and law societies of Commonwealth jurisdictions. The policy making body of the CLA is its Council which consists of a President, Vice-President, Treasurer and a Council of representatives from the regions of the Commonwealth. The CLA's day-to-day affairs are run by a Secretariat based in London and an international Executive Committee. Since 2008 Secretary General of the CLA is Claire Martin she is based within buildings owned by the University of London at the Commonwealth Lawyers Association, 17 Russell Square, London, WC1B 5DR, UK.[2]

The Current President, Elected in Hyderabad, is Boma Ozobia (Nigeria), her Deputy is Mark Stephens (solicitor) (England & Wales), the Treasurer is Laurie Watt (England & Wales) and the immediate past President is Mohamed Husain (South Africa).[3]The CLA has 2 Life Presidents, the first awarded in September 2007 to, Mr Colin Nicholls QC (England & Wales) and the second awarded in April 2009 to, Dato' Dr Cyrus Das (Malaysia).

Policy & Objectives

The Commonwealth Lawyers' Association (CLA) exists to maintain and promote the rule of law throughout the Commonwealth by ensuring that an independent and efficient legal profession serves the people of the Commonwealth.

Commonwealth countries share a substantial common ground in their legal systems and the lawyers of these countries have much to learn from the comparative experience of their colleagues in other jurisdictions. This common ground extends to many aspects of legal education and legal practice and here too there is much to be shared. The profession around the Commonwealth is committed to the preservation of the highest standards of ethics and integrity and to the furtherance of the rule of law for the benefit of society. As a pan-Commonwealth body, the CLA provides support in the pursuit of these objectives.

The CLA's objectives, as enshrined in its Constitution, are to maintain and promote the rule of law in the Commonwealth by:

Ensuring that a common bond of Commonwealth is preserved and fostered; Strengthening professional links between members of the legal profession; Maintaining the honour and integrity of the profession; Promoting uniformity in the standards of professional ethics; Encouraging improved standards of education; Promote the administration of justice and protection of human rights in accordance with the principles enshrined in the Harare Declaration of 1991, Milbrooke Action Programme of 1995 and the Latimer House Guidelines of the Commonwealth of 1998 (now referred to as the Commonwealth (Latimer House) Principles on the accountability of and relationship between the three branches of Government)


The CLA also develops policy, files intervention briefs (see Intervention (law)) and issues statements on Commonwealth and wider legal issues.

The CLA was one of the organisations responsible for the promulgation of the Commonwealth (Latimer House) Principles on the Accountability of and the Relationship between the Three Branches of Government (known as the "Principles").[4] The Principles provide a framework for the implementation of the Commonwealth's fundamental values of democracy, good governance, human rights and the rule of law and became an integral part of these values following agreement by the Commonwealth Heads of Government at their meeting in 2005.

In relation to the Death Penalty The Commonwealth Lawyers Association is opposed to the death penalty as a form of punishment in all instances. Whilst acknowledging the sovereignty of all governments, the CLA is committed to advocate for the abolition of the death penalty in Commonwealth jurisdictions wherever it remains as an available sentence.[5]

On 13 November 2009 the CLA issued a statement in opposition to the proposed Uganda Anti-Homosexuality Bill 2009. The CLA has worked for the decriminalisation of sexual orientation legislation throughout the Commonwealth. On 19 October 2010 the CLA asked, Mark Stephens (solicitor) on its behalf to address the Senior Officials of the Law Ministries of the Commonwealth at Marlborough House where they were urged to comply with International Law and decriminalise adult consenting homosexual acts.[6] The CLA also presented a paper adverting to the obligations of States under international law in relation to this topic prepared by, Tim Otty QC & Jonathan Cooper OBE[7].

In August 2007, the CLA submitted an amicus brief, written by Sir Sydney Kentridge QC, Colin Nicholls QC, Timothy Otty QC, Adam Zellick, John Townsend Rich and Stephen Pollak, to the United States Supreme Court. The brief dealt with the violation of the rule of law by the United States in not granting detainees at Guantanamo Bay the right of habeas corpus. Judgment in favour of the brief was handed down in June 2008 and extensive extracts from the CLA brief were cited in the majority judgment.[8].

Publications

The CLA publishes 2 publications, ‘The Commonwealth Lawyer’ edited by Dr Venkat Iyer (India) and Clarion (Law Journal) edited by Scott Alden (Australia).

Conferences

The CLA holds Commonwealth Law Conferences every two years with regional conferences being held in the intermediate years. The 14th Commonwealth Law Conference was held in London in September 2005 at which Graeme Mew of Canada was elected President of the CLA. The 15th Commonwealth Law Conference took place in Nairobi in September 2007 at which Ron Heinrich of Australia was elected President of the CLA. The 16th conference took place in Wan Chai North, Hong Kong in 2009.The 17th conference took place in Hyderabad, India ,on February 8,2011,which had as its theme as "Emerging Economies and the Rule of Law : changing as opportunities". The next regional conference will be held in Sydney Australia in April 2012 and the next full conference in, 2013 in South Africa.

Past presidents

Mohamed Husain (South Africa); Ron Heinrich (Australia) Graeme Mew (Canada); Dato' Dr Cyrus Das (Malaysia); Colin Nicholls QC (twice)(England & Wales); Lt. Col. Hurlstone St. C. Whitehorne (Jamaica);

References

  1. ^ "Comonwealth Lawyers Association Council". The Comonwealth Lawyers Association. http://www.commonwealthlawyers.com/AboutUs.asp. Retrieved 2011-03-27. 
  2. ^ "Comonwealth Lawyers Location". Street Map. http://www.streetmap.co.uk/map.srf?x=530011&y=182058&z=0&sv=WC1B+5DR&st=2&pc=WC1B+5DR&mapp=map.srf&searchp=ids.srf. Retrieved 2011-03-27. 
  3. ^ "Comonwealth Lawyers Association Council". The Comonwealth Law Society. http://www.commonwealthlawyers.com/AboutUs.asp. Retrieved 2011-03-27. 
  4. ^ Commonwealth Principles on the Three Branches of Government In their Communiqué of December 2003, Commonwealth Heads of Government re-affirmed their commitment to the fundamental principles of the Commonwealth and “endorsed the recommendations of their Law Ministers on Commonwealth Principles on the accountability of and relationship between the three branches of Government. They acknowledged that judicial independence and delivery of efficient justice services were important for maintaining the balance of power between the Executive, Legislature and Judiciary”.
  5. ^ "Comonwealth Lawyers Association Death Penalty policy". Commonwealth Lawyers Association. http://www.commonwealthlawyers.com/Download/StrategicPlan-Policy/Policy%20Death%20Penalty%20CLC%200409.pdf. Retrieved 2011-03-27. 
  6. ^ "Comonwealth Lawyers Association Statement on Uganda Anti-Homosexuality Bill 2009". Commonwealth Lawyers Association. http://www.commonwealthlawyers.com/Download/News%20&%20Events%202010/Statement%20Uganda%20LGBT%20Bill%20Final%201109.pdf. Retrieved 2011-03-27. 
  7. ^ [http://www.commonwealthlawyers.com/Download/PressRelease%202010/CLA20Uganda20Opinion20Final200310.pdf "LEGISLATIVE PROVISIONS AND PROPOSALS RELATING TO THE CRIMINALISATION OF HOMOSEXUALITY"]. Commonwealth Lawyers Association. http://www.commonwealthlawyers.com/Download/PressRelease%202010/CLA20Uganda20Opinion20Final200310.pdf. Retrieved 2011-03-27. 
  8. ^ "BRIEF FOR THE COMMONWEALTH LAWYERS ASSOCIATION AS AMICUS CURIAE IN US Supreme Court Boumediene v Bush & Al Odah v United States". Commonwealth Lawyers Association. http://www.commonwealthlawyers.com/Download/terrorism/CLA%20Amicus%20Brief%20in%20Boumediene%200807.pdf. Retrieved 2011-03-27. 

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