Statement on Recent Events in the Republic of Kenya    

24 January 2008

The Commonwealth Lawyers Association (CLA) is a pan-Commonwealth professional association of lawyers dedicated to maintain and promote the rule of law throughout the Commonwealth.

The CLA is gravely concerned by the current state of civil unrest in the Republic of Kenya following the announcement by the Electoral Commission of the result of elections that were held on 27 December 2007.

Amicus Brief - US Supreme Court - United States vs Omar Ahmed Khadr

18 January 2008

The Commonwealth Lawyers Association (CLA) is a pan-Commonwealth professional association of lawyers dedicated to maintain and promote the rule of law throughout the Commonwealth.

The CLA is gravely concerned by the current state of civil unrest in the Republic of Kenya following the announcement by the Electoral Commission of the result of elections that were held on 27 December 2007.

Resolution on HIV/AIDS – 15th Commonwealth Law Conference      

13 September 2007

The Commonwealth Lawyers’ Association, inter alia:

Called on Commonwealth Heads of Government to speak with one voice to the World Trade Organisation and elsewhere to ensure that global regimes of intellectual property protection adapt to the health crisis facing many Commonwealth countries as that of the HIV/AIDS pandemic;

Emphasised the importance not only of the availability of access to new therapies for those Commonwealth citizens who are living with HIV/AIDS, but also the urgency of adopting appropriate and effective strategies of prevention to limit new infections.

Resolution on the Religious Freedom - 15th Commonwealth Law Conference           

13 September 2007

The Commonwealth Lawyers’ Association, inter alia:

Expressed its respectful concern at the majority decision of the Federal Court of Malaysia Lina Joy v Majilis Agama Islam [2007] 3 CLJ 557 deciding not to permit a Malaysian citizen to change her identity document to reflect her conscientious change of religious belief;

Emphasised the need for all Commonwealth countries by their laws to reflect the right of all citizens to manifest and practice any religion or no religion as their conscious requires.

Resolution on the Legal Profession in the Republic of Zimbabwe –
15th Commonwealth Law Conference

13 September 2007

The Commonwealth Lawyers’ Association, inter alia:

Condemned the ongoing harassment, direct and indirect attacks by the Government of the Republic of Zimbabwe, on lawyers in Zimbabwe, as documented in the recent report by the Law Society of Zimbabwe titled ‘Self Regulation at a Crossroads’;

Renewed previous calls upon the Government of Zimbabwe to respect the independence of the legal profession and 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;

Expressed hope that the Law Society of Zimbabwe will continue to play a full part in the promotion of the rule of law, and supported the call of the Southern African Development Community Lawyers’ Association (SADC Lawyers’ Association) to the Mbeki Mediation Commission to liaise with the Law Society of Zimbabwe and civil society in Zimbabwe to ensure that the outcome of the mediation leads to effective restoration of the institutions that sustain democracy and good governance.

Resolution on the Islamic Republic of Pakistan15th Commonwealth Law Conference           

13 September 2007

The Commonwealth Lawyers’ Association, inter alia:

 Commended the action of the legal fraternity of the Islamic Republic of Pakistan during the recent judicial crises which culminated in the reinstatement of Chief Justice Iftikhar Mohammad Chaudhary on 20th July 2007, following the annulment of the President’s Order by the Supreme Court;

Urged General Musharraf to separate the dual offices he holds as Chief of Army Staff and President of the Islamic Republic of Pakistan;

Called on General Musharraf to ensure that the scheduled election is free and fair and held in accordance with the basic principles of democracy and good governance, human rights and the rule of law;

Resolution on the Republic of Fiji - 15th Commonwealth Law Conference 13 September 2007

The Commonwealth Lawyers’ Association, inter alia:

Reiterated its condemnation of the unconstitutional removal of Fiji’s elected government by a military coup on 5th December 2006;

Expressed concern at the continued erosion of the independence of the judiciary in the Republic of Fiji;

Called on the authorities to respect the independence of the legal profession and the right of lawyers to exercise freedom of political opinion and conscience;

Resolution on Atrocities Committed Against Women in the Eastern Region of the Democratic Republic of Congo - 15th Commonwealth Law Conference 13 September 2007

The Commonwealth Lawyers’ Association, inter alia:

Expressed support for a greater external presence in the Eastern Region of the Democratic Republic of Congo, tasked with the responsibility of eliminating sexual violence;

Undertook, with the support of other partner and responsible organisations, to monitor the response of Member Governments and to urge the Commonwealth to ensure that there is an effective response by respective Member Governments and, ultimately, by the United Nations General Assembly and Security Council, the Office of the High Commission for Human Rights, the African Union and other relevant international organisations; And for that purpose request from the Respective Member Governments urgent and regular reports;

Recommended that the International Criminal Court investigate and prosecute the crimes against humanity being committed, specifically the acts of sexual violence, in the Eastern Region of the Democratic Republic of Congo;

New President & Council Elected for 2007 – 2009 13 September 2007

At the General Meeting of members of the Commonwealth Lawyers Association (CLA) held on Sunday 9th September 2005 at 2:30pm at the Intercontinental Hotel, Nairobi, the Office Bearers and Council members for 2007 – 2009 were elected.

Statement on recent events in the Republic of Zimbabwe 9 May 2007
The Commonwealth Lawyers' Association (CLA), the Solicitors' International Human Rights Group (SIHRG) and the Bar Human Rights Committee (BHRC) note their concerns regarding the reported violent break up, assault and subsequent dispersal of lawyers and officers of the court participating in a peaceful march against the ongoing harassment of legal practitioners in the course of their duties on 8th May 2007.
 
Removal from Office of the Chief Justice of the Islamic Republic of Pakistan 14 March 2007

The Commonwealth Lawyers Association (CLA) notes with grave concern the recent removal from office of Chief Justice Iftikhar Mohammad Chaudhary.

The CLA further notes that existence of an independent and impartial judiciary is one of the cardinal features of any country governed by the rule of law. By virtue of its membership of the Commonwealth, the Islamic Republic of Pakistan is committed to the shared fundamental values and principles of the Commonwealth, at the core of which is a shared belief in, and adherence to, democratic principles including an idependent and impartial judiciary.
 
Statement on recent events in the Republic of Zimbabwe 14 March 2007
The Commonwealth Lawyers' Association (CLA), the Solicitors' International Human Rights Group (SIHRG) and the Bar Human Rights Committee (BHRC) note their concerns regarding the reported violent break up, assault and subsequent dispersal of lawyers and officers of the court participating in a peaceful march against the ongoing harassment of legal practitioners in the course of their duties on 8 th May 2007.
 
CLA Denounces Military Coup in Fiji 14 December 2007

The Commonwealth Lawyers Association (CLA) is extremely concerned about recent events in the Republic of Fiji which have resulted in the overthrow of the democratically elected government and the assumption of executive control by the military. By virtue of its membership of the Commonwealth, the Republic of Fiji is committed to the shared fundamental values and principles of the Commonwealth, at the core of which is a shared belief in, and adherence to, democratic principles.

The CLA calls for urgent action and the full restoration of democracy and the rule of law. We urge Commander Bainimarama to restore the democratically elected Qarase government and to facilitate the return of constitutional rule as soon as possible.
 
Pakistan: The Imminent Execution of Mirza Tahir Hussain October 2006

The Commonwealth Lawyers Association (CLA) notes with concern the rejection by His Excellency President Musharraf of the requests for clemency made on behalf of Mirza Tahir Hussain, a citizen of the United Kingdom and Pakistan who has been accused of murdering a taxi driver on 17th December 1988.

The CLA further notes that execution eighteen years following arrest amounts to cruel and unusual punishment and urges the Government of Pakistan not to carry out the sentence of death imposed on Mirza Tahir Hussain.
 
Statement on the Decision of the United States Supreme Court in Hamdan v Rumsfeld July 2006

The Commonwealth Lawyers Association (CLA) welcomes the decision of the United States Supreme Court in Hamdan v Rumsfeld . The Court's decision represents an important and powerful vindication of the rule of law and the CLA is delighted to have contributed to the ruling through the filing of an amicus curiae brief in support of the petitioners.

The CLA's intervention followed its earlier successful role in the landmark case of Rasul v Bush - where in 2004 the Supreme Court held that habeas corpus jurisdiction extended to Guantanamo Bay.
 
Statement on Independence of the Judiciary and Rule of Law in Uganda December 2005

The Commonwealth Lawyers Association (CLA), together with the Bar Human Rights Committee of England & Wales, the City of Westminster and Holborn Law Society, the General Council of the Bar of England & Wales, Members of the Huddersfield Law Society Twinning Committee (twinned with Uganda Law Society) Anne Pendlebury, John Royle, Nigel Priestly, the Human Rights Institute of the International Bar Association, the Law Society of England & Wales and the South London Law Society express their concern about recent events impacting upon the independence of the Judiciary and rule of law in Uganda.

 
Statement on Travel Ban on Critics of the Zimbabwe Government December 2005

The Commonwealth Lawyers Association (CLA), together with the General Council of the Bar of England & Wales, the General Council of the Bar of South Africa and the Bar Human Rights Committee of England & Wales note with grave concern reports that the Zimbabwean Government is confiscating passports from or denying passports to its critics who seek to travel from Zimbabwe.

 
Judgement in favour of CLA Intervention in House of Lords 8 December 2005

The Commonwealth Lawyers Association (CLA), together with the International Bar Association (IBA) and the International Commission of Jurists (ICJ), intervened in the House of Lords hearing to support the Appellants' case and to argue that an analysis of comparative law was strongly in favour of an absolute exclusionary rule in relation to such evidence. In a unanimous decision a specially convened panel of 7 Law Lords overturned the Court of Appeal decision and ruled against the Government.

 
Statement in the case of Van Nguyen November 2005

The Commonwealth Lawyers' Association has read with concern the rejection of the request for clemency made on behalf of Van Nguyen, following his conviction for importing heroin into Singapore. The CLA argues that the mandatory death sentence imposed on Nguyen qualifies as cruel and unusual punishment and is a violation of the International Covenant on Civil and Political Rights.

 
New President and Council Elected September 2005
At the General Meeting of members of the Commonwealth Lawyers Association (CLA) held on Sunday 11th September 2005 at 2:30pm at the QEII Convention Centre, Broad Sanctuary, Westminster, London, the Office Bearers and Council members for 2005 – 2007 were elected.
 
CLA Amicus Brief before the Supreme Court in Rasul et al v George W. Bush et al. April 2004
The central conclusion of the CLA's brief is that if it were the United Kingdom or any other Commonwealth State, and not the United States of America, which controlled the Guantanamo Bay Naval Base and the detained persons held there, then the writ of habeas corpus would be available before the English or relevant Commonwealth Courts regard­less of the nationality of the detained persons.
 
21 December 2007 - Harper gets heat from UK on Khadr
http://www.thestar.com/article/287678
 
26 November 2007 - Regulatory Invasions in Cayman under Fire
http://www.caymannetnews.com/news-3713--5-5--.html
 
20 November 2007 - Interview Vice President Mohamed Husain
http://free.financialmail.co.za/07/1116/people/people.htm
 
16 November 2007 - Lawyers condemn Pakistan for attacks on judiciary
http://www.canada.com/reginaleaderpost/news/story.html?id=dca5296d-7a91-4f00-bd33-86efdb6b7a31&k=77486
 
13 november - Release Lawyers in Pakistan
http://www.commonwealthlawyers.com/media
 
11 November 2007 - Commonwealth Lawyers Association Statement on State of Emergency in Pakistan
http://www.lawfuel.com/show-release.asp?ID=16035
 

3 October 2007 - Legal Opinion: Judges warn ministers of threat to constitution
http://prisonersvoice.blogspot.com/2007/10/legal-opinion-judges-warn-ministers-of.html

 

3 October 2007 - Legal Opinion: Judges warn ministers of threat to constitution
http://news.independent.co.uk/uk/legal/article3021299.ece

 

23 September 2007 - South African's Justice Struggle Finally Pays Off
http://allafrica.com/stories/200709240206.html

 

21 September 2007  - I Owe Enormous Duty to Younger Generation - Mrs Ozobia
http://allafrica.com/stories/200709210373.html

 

19 September 2007 – Legal advisory role faces more challenges in IPOs
http://www.bdafrica.com/index.php?option=com_content&task=view&id=3105&Itemid=5812

 

17 September 2007 - East Africa: Lawyers Call for Tight Controls for Multinationals Over Environment Issues
http://allafrica.com/stories/200709171232.html

 

17 September 2007 - Cross border deals need lots of legal homework
http://www.bdafrica.com/index.php?option=com_content&task=view&id=3089&Itemid=5813

 

14 September 2007 - Kenya: Maathai Calls for Tough Laws to Save the Habitat
http://allafrica.com/stories/200709131254.html

 

13 September 2007 - Lord Chief Justice speaks out against US-style selection of judges
http://business.timesonline.co.uk/tol/business/law/public_law/article2445281.ece

 

13 September 2007 - Courts Told to Protect Terror Suspects' Rights
http://allafrica.com/stories/200709121002.html

 

13 September 2007 – Lord Phillips has his independence say
http://www.thelawyer.com/cgi-bin/item.cgi?id=128574

 
17 July 2007 – The Wrong Message
http://www.fijitimes.com/story.aspx?id=66559
 
17 July 2007 – Leung: Stand Up For People
http://www.fijitimes.com/story.aspx?id=66540
 

14 July 2007 – Association Backs Leung
http://www.fijitimes.com/story.aspx?id=66371

 
22 June 2007 – Kenya's Democracy Acclaimed
http://allafrica.com/stories/200706220009.html
 
8 June – Progress Rests on Legality of Things
http://www.fijitimes.com/story.aspx?id=64151
 
7 June - Fiji Human Rights Commissioner says Legal Uncertainties Causing Problems
http://www.rnzi.com/pages/news.php?op=read&id=32839
 
7 June 2007 – I Will Reveal All: Kwai
http://www.fijitimes.com/story.aspx?id=64083
 
6 June 2007 – Kwai Quits FICAC
http://www.fijitimes.com/story.aspx?id=63995
 
5 June 2007 – LAWASIA Boss Faces Query
http://www.fijitimes.com/story.aspx?id=63940
 
The Commonwealth Lawyers Association (CLA)
 
Last Updated on: 29/11/2007

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