Statement / CLA Declaration on the Adoption and Promotion of the Luxembourg Convention on the Protection of Lawyers

19/01/2026
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SUBJECT: Support for the Council of Europe Convention for the Protection of the Profession of Lawyer (2025)

PREAMBLE

The Commonwealth Lawyers Association (CLA), representing the legal profession across the 56 member countries of the Commonwealth of Nations and other Commonwealth and common law jurisdictions;

REAFFIRMING its commitment to the maintenance and promotion of the Rule of Law, the independence of the legal profession, and the protection of human rights as enshrined in the Commonwealth (Latimer House) Principles on the Three Branches of Government (2003);

RECALLING the Charter of the Commonwealth (2013), which explicitly enshrines the Rule of Law as an essential protection for the people of the Commonwealth and mandates that governments must be accountable and act in accordance with the law;

NOTING WITH GRAVE CONCERN the increasing global trend of harassment, intimidation, arbitrary detention, and physical violence directed against lawyers solely for the performance of their professional duties;

RECOGNISING that an independent legal profession is a fundamental pillar of a free and democratic society, and that without the safety and independence of lawyers, access to justice is illusory;

WELCOMING the historic adoption of the Council of Europe Convention for the Protection of the Profession of Lawyer (CETS No. 226), opened for signature in Luxembourg on 13 May 2025 (hereinafter referred to as “The Luxembourg Convention”);

OBSERVING that the Luxembourg Convention constitutes the first binding international legal instrument dedicated exclusively to the protection of the lawyer’s profession and establishes a robust mechanism to monitor compliance;

ACKNOWLEDGING that the Luxembourg Convention, while originating in the Council of Europe, is open to accession by non-member states, thereby offering a global standard for the protection of the legal profession;

HEREBY DECLARES AS FOLLOWS:

1. ENDORSEMENT OF THE CONVENTION

The Commonwealth Lawyers Association formally endorses the principles and binding obligations set forth in the Luxembourg Convention (2025). We recognise this instrument as the new international gold standard for safeguarding the independence and physical security of legal practitioners.

2. UNIVERSAL APPLICABILITY

The CLA affirms that the protections guaranteed by the Luxembourg Convention—including confidentiality of lawyer-client communications, freedom from state interference, the independence of legal professional associations, and immunity from prosecution for statements made in court—are not merely European values but are universal prerequisites for the administration of justice. These principles resonate deeply with the shared common law heritage and constitutional values of the Commonwealth.

3. CALL TO ACTION FOR COMMONWEALTH GOVERNMENTS

The CLA calls upon the governments of all Commonwealth jurisdictions to:

  • Review their domestic legislation to ensure it aligns with the standards set by the Luxembourg Convention;
  • Consider Accession to the Convention, taking advantage of the provision allowing non-Council of Europe member states to become parties to the treaty;
  • Establish national mechanisms to monitor threats against the legal profession and ensure swift, impartial investigations into attacks on lawyers.

4. COMMITMENT TO PROMOTION

The CLA commits to:

  • Promote the text and explanatory report of the Luxembourg Convention among Bar Associations and Law Societies throughout the Commonwealth;
  • Advocate for the principles of the Convention in its engagements with the Commonwealth Secretariat and Commonwealth Law Ministers;
  • Utilise the Convention as a benchmark when intervening in support of lawyers at risk within Commonwealth jurisdictions.

5. SOLIDARITY

The CLA stands in solidarity with all lawyers currently facing persecution. We assert that the “Luxembourg Standard” must become the global reality, ensuring that no lawyer is punished for representing a client, regardless of the unpopularity of the cause or the power of the adversary.

Signed on behalf of the Commonwealth Lawyers Association

Steven Thiru

President

19th January 2026

NOTE TO EDITORS:

The Commonwealth Lawyers Association is an international non-profit organisation which 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. commonwealthlawyers.com

To view the statement in full, click here

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