Last week the Commonwealth Secretariat and the Institute of Commonwealth Studies, University of London held a seminar at Marlborough House on the decriminalisation of Poverty and Status in the Commonwealth.
The Seminar, held on 14 February as part of the flagship Rule of Law Conversation Series, promoted the Commonwealth Equal Access to Justice Action Plan and highlighted possible solutions to the challenges posed by the overrepresentation in Commonwealth criminal justice systems of vulnerable communities and people living in poverty.
Globally, minor offences laws, including those against loitering, begging, informal trading, sleeping rough, vagrancy, littering, minor drug possession, criminal libel or the inability to pay civil debts are disproportionately used against poor and vulnerable communities resulting in unequal access to justice. These offences also clog up criminal justice systems causing costly delays and unsustainable case backlogs.
During the seminar, the delegates heard from two eminent speakers about the interface between law, policy, poverty and status, and about their experiences and observations in their countries.
Speaking at the event, Ms Bhavani Fonseka, Senior Researcher & Lawyer, Centre for Policy Alternatives said:
“In countries such as Sri Lanka, access to justice is so critical and the inability to get justice and the various setbacks create further problems for people. This leads to inequality, discrimination and a whole host of issues. Commonwealth countries have such a rich and diverse experience.
In today’s seminar, we heard from South Africa, Sri Lanka and other countries about aspects that have worked in improving access to justice. There are best practices that may work for other countries, so it’s also about learning from each other about what has worked and what hasn’t.”
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Speaking on the South African experience, Hon. Dunstan Mlambo, Judge President of the Gauteng High Court, South Africa added:
“Poverty marginalises people, so the issue is to ensure that even if you are a poor person, you still get meaningful access to justice when you’re in conflict with the law.”
Dr Tawanda Hondora, Head of the Commonwealth Secretariat’s Rule of Law Section said:
“Ensuring equal access to justice for vulnerable communities, marginalised groups and people living in poverty is complex. It requires a whole-of-society approach, and the Commonwealth Secretariat is facilitating discussions and using our convening power and influence to make sure that the solutions that are crafted are those that are sustainable, durable and relevant.”
Rule of Law Conversation Series
The “Rule of Law Conversation Series” promotes policy-influencing discussions on solutions to the rule of law, access to justice, cybersecurity, cybercrime and other issues of concern to Commonwealth member countries.
View the Rule of Law Conversation Series
Download the Commonwealth Equal Access to Justice Action Plan
Media contact
- Communications Division, Commonwealth Secretariat
- +44 20 7747 6476 | E-mail
