The CLA issued a statement expressing concern about the ongoing attacks against the professional and personal integrity of Richard Goldstone, an eminent South African jurist, who was appointed as Head of an independent United Nations Fact-Finding Mission to investigate violations of human rights and humanitarian law committed in the course of the Gaza War between 27th December 2008 and 18th January 2009. Following publication of the report on 25th September 2009, Richard Goldstone has been subject to a sustained campaign to discredit him including questioning of his judicial record under Apartheid in South Africa. Mohamed Husain, President of the CLA, said that he had been alarmed and disturbed at the increasingly offensive and ill-informed attacks on Justice Goldstone’s record as a judge in South Africa and noted that it was particularly unfortunate and inappropriate for personal attacks to be used as a vehicle of response to a substantial and serious human rights investigation.

The CLA issued a statement expressing concern at the conviction and imprisonment of Steven Monjeza, 26, and Tiwonge Chimbalanga, 20 for "unnatural acts and gross indecency" as a result of consensual homosexual conduct. The President of the CLA said that convictions such as these had no place in modern civilised society and that in the 21st Century any criminalisation of private homosexual conduct between consenting adults was incompatible with the international law.

The Commonwealth Lawyers Association expressed its concern about the Anti Homosexuality Bill 2009 (the bill) which was introduced on 14th October 2009 in the Parliament of Uganda. The Bill includes the imposition of the death penalty for ‘aggravated homosexuality’ and the criminalisation of many actions relating to homosexuality, including awareness of the commission of any offence under the Act and failure to report it to the police.

In September 2009, the CLA issued a statement supporting calls upon the government of the United States to rescind the conviction of former Guantanamo Bay detainee, Mr. David Hicks.

The Commonwealth Lawyers Association expressed concern about the arrest and imprisonment of Mr. J. S. Tissainayagam, a journalist in Sri Lanka, whose trial and subsequent conviction under the Prevention of Terrorism Act (PTA) was based upon a statement he made under duress and threats of torture and death. The CLA joined Amnesty International, Human Rights Watch and Reporters without Borders, in calling for an immediate suspension of Mr. Tissainayagam’s prison sentence.

The Commonwealth Lawyers Association welcomed the decision by the High Court of Delhi in the case of Naz Foundation (India) Trust v. Government of NCT Delhi and others issued on July 2, 2009. The verdict struck down Section 377 of the Indian Penal Code, a provision which criminalised consensual adult, private sexual conduct by persons of the same sex.

The Commonwealth Lawyers Association welcomed the end of military conflict in Sri Lanka, and called for an end to the reported human rights violations within the country. After a number of reports of restrained movement and prolonged detention, the CLA called upon the Sri Lankan government to end the indefinite containment placed upon refugees from the previous military conflict.

The CLA called upon the Government of Sri Lanka to

• assist with the establishment of an independent international commission to investigate claims of violations of international human rights and humanitarian law by both sides in the recent military conflict;

• speed up the return and resettlement of the ethnic Tamil civilians being held in the camps;

The CLA expressed it’s concern over the recent arrest of five lawyers in Malaysia following their visit to a police station for the sole purpose of representing their clients who had been arrested for illegal assembly. The CLA was disturbed at reports that the lawyers were denied access to their clients, detained overnight and subsequently released the next day without being given any reason for their arrest and detention.

The CLA supported the stand taken by the Malaysian Bar Council in condemning the arrest and detention of the lawyers as interference in the performance of their primary duties as lawyers and called upon the Government of Malaysia to conduct a full and independent investigation into the matter be carried out as soon as possible.

The CLA condemned the Legal Practitioners Decree 2009 issued by the military government in Fiji on 22 May 2009 removing the licensing and disciplinary functions of the Fiji Law Society (FLS). The CLA noted that these changes made significant inroads into the independence of the legal profession and raised serious concerns about the ability of the legal profession in Fiji to remain impartial and perform their duties without fear or favour.

The Commonwealth Lawyers’ Association, together with the other members of the United Nations Convention against Corruption (UNCAC) NGO coalition, called for the creation of a comprehensive review body (that was well-resourced, independent, transparent) to examine corruption on the global level.

The CLA welcomed the International Bar Association Human Rights Institute (IBAHRI) latest report on Sri Lanka and noted with regret its finding that “…in recent years there has been an escalation of threats and physical attacks against lawyers filing fundamental rights applications and representing terrorist suspects, as well as cases of intimidation and harassment by the Government and the police authorities.”

The CLA called upon the Government of Sri Lanka to respect the role of lawyers, as detailed in the United Nations Basic Principles on the Role of Lawyers (adopted in 1990) and the United Nations Declaration on Human Rights Defenders (adopted in 1998), and to ensure that lawyers are able to access their clients without any hindrance and freely discharge their duties in the interest of effective administration of justice.

The Commonwealth Lawyers’ Association denounced the unlawful action of the Republic of Fiji’s titular head of state Ratu Josefa Iloilo to suspend the Constitution, dismiss members of Fiji’s judiciary and to reappoint his military chief, Commodore Frank Bainimarama, to the post of Prime Minister for a period of 5 years.

The CLA called for the immediate reinstatement of the judiciary and for those that govern the Republic of Fiji to immediately abide by the unanimous ruling of the Fiji Court of Appeal on 9 April 2009, to dissolve the military backed civilian regime and return the country to democracy in accordance with the Court’s judgment by which it is bound.