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Commonwealth Law Ministers Will Share Best Practices to Develop Technologies to Improve their Justice Systems

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#Bahamas, October 25, 2017 – Nassau – Commonwealth Law Ministers met in Nassau for four days to discuss law reform for civil and criminal justice, and the application of the technology to achieve objectives.   The conference was held at Baha Mar convention centre, October 16-19, 2017 under the theme “Strengthening the Rule of Law Through Technology.”

Commonwealth Secretary General, the Rt. Hon. Patricia Scotland (Baroness Scotland), Q.C. told the media in the Closing Press Conference: “We know that our Commonwealth jurisdictions are facing many challenges today.   So, this was a really important moment for us and I thank the Bahamas Government and the Attorney General, the Hon. Carl Bethel, Q.C. for generously hosting us.”

She said: “The whole point of this conference was to bring the Law Ministers together to be able to discuss issues of common interest and to produce packages and tools to assist all our Ministers; and I believe we have achieved our aim.”

Baroness Scotland described the meeting as having “a wide-ranging agenda” that included currently discussed hot topics such as “the Rule of Law and Sustainable Development, Climate Change and Disaster Management, Countering Violent Extremism, International Humanitarian Law, Separation of Powers, Judicial Independence, and Child Early Enforced Marriage.”

“Each of these topics has important bearings on the everyday lives and livelihoods of Commonwealth citizens and on their personal welfare and individual dignity.   The outcomes of their discussions, I am confident, will help countries to uphold the Rule of Law and deliver to these citizens a justice system that is fair and efficient and responds to modern challenges,” said Baroness Scotland.

“Understanding these challenges, Law Ministers have emphasized and agreed on a number of key points.  With regards to the theme of ‘Strengthening the Rule of Law through Technology’, Ministers looked at technology’s ability to promote efficiency, accuracy, quality of services, and long-term cost effectiveness in many areas including the preparation of legislation, the use of video and teleconference systems in court proceedings, police, and prosecution and court case management systems, e-filing and documentation, legal and digital identity, and more effective communication with and between law enforcement and justice institutions,” she said.

She added that the Law Ministers proposed that small and developing countries be supported “through the sharing of best practices and solutions from across the Commonwealth to develop technologies that can improve their justice systems.”

The Baroness balanced the Ministers’ conclusions with: “They also looked at the other side of the coin — the challenges technology poses, including threats to privacy and issues of cyber security.   At the meeting, the Commonwealth presented a new secure messaging mobile app, which will be trialed in 2018.   This app will help countries collaborate to tackle cross-border organized crimes and cyber crimes.  The Law Ministers agree, that in order to meet their sustainable development goals, they need sound legal frameworks to develop and improve health, education, employment, financial and other critical services.”

She continued, “They discussed how they will work with law reform bodies, national parliaments, the judiciary and law ministries to make their aspirations a reality.  They also turned their attention to the fight against terrorism.   Ministers considered a raft of recommendations, including strategies to review and strengthen legal frameworks and legislation to prevent the grooming and recruitment of foreign terrorists, and to stop them from crossing borders and being funded.”   The Law Ministers agreed to share experiences and put in place measures to address the phenomenon of foreign terrorists, in line with the United Nations Resolution 2178.

“They also agreed that non-coercive measures should be adopted, when necessary and/or in combination, with criminal justice approaches that where appropriate, member countries can be able to rehabilitate and reintegrate returning terrorists and stop the recruitment, training and organizing, transporting or equipping of anyone to commit acts of terror,” said Baroness Scotland.

“On the issue of countering violent extremism, Ministers agreed that coordinated action and drawing on lessons learned from right across the Commonwealth was essential as a way forward.   They also emphasized that tackling the issue of extremism online was best achieved through cooperative engagement through global communications service providers.   Regarding the implementation of international humanitarian law, Ministers reiterated its importance and committed to consider ways to promote and implement these laws in their countries.”

Baroness Scotland added that Law Ministers also discussed Child Early and Forced Marriage and expressed their strong support for its prevention and elimination.

“They recognized Child Early and Forced Marriage as one of the barriers to the achievement of sustainable development; the full realization of human rights for women and girls, and the elimination of violence against women and girls,” said The Baroness.

“Law Ministers recognized the increasing impact of climate change and natural disasters on our member countries and expressed solidarity with all Commonwealth member countries, effected by natural disasters and extreme weather events in recent months including, and in particular, those affected by Hurricanes Irma and Maria.”

Baroness Scotland emphasized that Law Ministers stressed the need for practical and technical assistance, in dealing with the challenges of climate change.

“The focus on national implementation of the existing global framework for climate change as contained in the United Nations Framework Convention on Climate Change and the Paris Agreement.

“Ministers highlighted the importance of effective laws to support the smooth operation of relief efforts during and after natural disasters including the accountability of relief agencies and the import, export and transit of emergency items,” said The Baroness.

“We have responded positively to their requests to continue to cooperate with other international organizations including the international federation of Red Cross and Red Crescent societies and the British Red Cross to help countries review and strengthening their legislation.”

Baroness Scotland also said, “These are just the highlights of the critical discussions that took place during the course of the meeting.  To assist governments to turn to their aspirations into action, we have offered them some new tools: Our new ‘Legislative Drafting Handbook and Guide to Law Reform’ will help countries to implement effective legislation in a host of areas, including climate change, ending early enforced marriage, and gender equality.   It would particularly be of value for small jurisdictions, facing unlimited challenges to drafting or reforming legislation.”

According to Baroness Scotland, the Commonwealth Secretariat’s Legal Exchange is a knowledge portal that will support member countries by providing access to the laws of 52 states.   The website is one of the series of products from the Office of Civil and Criminal Justice Reform launched by Baroness Scotland in July, and would provide technical assistance and an online platform with best practice guides, model law standards, templates and legal insights on climate change, human rights, and a whole range of other issues, aimed at supporting governments wishing to either advise existing laws or draft new legislation.

She concluded the meeting with the press conference adding that the legal exchange website contains the database of statutes and Commonwealth model laws, which have been digitized, categorized, and cross-referenced, making it easier for governments and Law Ministers to access and download.  The site also provides an online community of practice for government lawyers from across the Commonwealth, enabling countries to share information on current law reform initiatives.

By: Gena Gibbs (BIS)

Photo caption: Commonwealth Secretary General Baroness Scotland and Bahamas Attorney General, Senator the Hon. Carl Bethel addressed the media, October 19, 2017 on the conclusions of the Commonwealth Law Ministers Meeting (CLMM) at Baha Mar Convention Center.  (BIS Photo/Kristaan Ingraham)

 

 

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Caught in the Net, Not Accused of Wrongdoing

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What the Attorney General must do now to protect Bahamian exports

Deandrea Hamilton | Editor

NASSAU, Bahamas — The United States’ decision to impose a 12.5 percent tariff on Bahamian exports is about more than higher costs for seafood, rum and other goods entering the American market. It is a warning that The Bahamas must move quickly to strengthen or clarify its legal framework governing forced labour and supply-chain enforcement.

The tariff, which takes effect July 24, is part of a sweeping U.S. trade action affecting 60 economies following a review by the Office of the U.S. Trade Representative (USTR). The review concluded that the listed countries have not adequately prohibited or enforced measures against goods linked to forced labour in global supply chains.

The action follows a recent U.S. Supreme Court ruling that invalidated an earlier series of Trump-era tariffs imposed under emergency powers. In response, the Trump administration shifted to a different legal authority—Section 301 of the Trade Act of 1974—using findings from a U.S. Trade Representative investigation into forced-labour compliance to support a new round of tariffs affecting 60 economies, including The Bahamas.

Importantly, the action does not accuse Bahamian businesses of using forced labour. Instead, it reflects the U.S. view that The Bahamas’ legal or enforcement framework does not yet meet the standard Washington expects.

That distinction matters.

The Attorney General’s Office now has the responsibility to lead the country’s legal response. That begins with determining precisely what concerns the U.S. Trade Representative identified, reviewing whether Bahamian law adequately addresses those concerns and, where necessary, recommending legislative or regulatory changes. If deficiencies exist, legal amendments and stronger enforcement could help position The Bahamas for removal from the tariff list.

The government may also seek formal discussions with U.S. officials while those reforms are undertaken, outlining a clear timetable for compliance and demonstrating that the country is committed to meeting international labour standards.

A Nassau Guardian front-page report on July 24 drew attention to the tariff action, prompting broader questions about why The Bahamas was included among the 60 economies affected by the U.S. trade measure and what steps are now needed to restore full confidence in the country’s trade framework.

For many Bahamians, the immediate concern will be the fisheries sector, one of the country’s largest export industries. Commercial shipments of lobster, conch, fish, crawfish and other products entering the United States could become more expensive because of the additional tariff, potentially affecting exporters’ competitiveness.

The broader lesson is that international trade increasingly depends not only on quality products, but also on strong business relationships and confidence in the legal systems that govern them.

For The Bahamas, this is less a finding of wrongdoing than a reminder that international credibility is earned through modern laws, effective enforcement and trusted partnerships. The challenge now is for the Attorney General’s Office to lead a swift legal review, identify any deficiencies and chart a clear path toward compliance so Bahamian exporters are not burdened any longer than necessary.

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What 45 Shell Casings and New Murder Charges May Mean for Three Officers in the Azario Major Case  

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By Deandrea Hamilton | Editor

NASSAU, Bahamas (July 16, 2026) — The allegation is as shocking as it is consequential. Prosecutors now contend Azario Major was struck by additional gunfire after he was already dead.  That conclusion has prompted the Director of Public Prosecutions to upgrade the case against three police officers from manslaughter to murder ahead of a judge-only trial.

According to court filings and the DPP’s review of the forensic evidence, prosecutors allege that additional rounds entered Major’s body after death, a finding they say fundamentally changed their assessment of the case and justified the more serious charge of murder.

Investigators recovered 45 spent shell casings at the scene of the Boxing Day 2021 fatal shooting of Azario Major, a striking piece of forensic evidence that has remained central to the case from its earliest days.

Major, 31, was fatally shot by police outside Woody’s Bar on Fire Trail Road on December 26, 2021. While police initially maintained the shooting was justified, the circumstances surrounding the incident were heavily scrutinized during a Coroner’s Court inquest, where jurors ultimately returned a verdict of homicide by manslaughter.

The officers later challenged that finding, but the Supreme Court upheld the Coroner’s Court ruling, paving the way for criminal proceedings. They were subsequently arraigned on manslaughter charges and pleaded not guilty.

The DPP’s decision to elevate the charges to murder significantly raises the legal stakes. Unlike manslaughter, which does not necessarily require proof of an intent to kill, a murder conviction requires prosecutors to establish the legal elements of the more serious offence beyond a reasonable doubt. The prosecution’s case is now expected to focus heavily on forensic evidence, ballistic analysis and the sequence of gunfire during the fatal encounter.

The case is also notable because it will proceed without a jury. Barring further delays, the trial is expected to open on September 14 before Justice Guillimina Archer-Minns in a judge-alone trial, where a single judge—not a jury—will decide the fate of the three accused officers.

The proceedings will determine not only whether the three officers are guilty or innocent of murder, but whether prosecutors’ extraordinary allegation—that Azario Major was struck by additional gunfire after he was already dead—can be proven in court.

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CARICOM Targets Affordability as Bahamas, TCI Continue to Feel the Pinch  

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By Deandrea Hamilton

 

Cheaper shipping. Lower energy costs. Better access to healthcare. Stronger consumer protections.

Those are among the measures CARICOM Heads of Government believe could finally begin reducing the stubbornly high cost of living for millions of people across the Caribbean.

Meeting in Saint Lucia, regional leaders agreed that making life more affordable must become one of the Community’s highest priorities. Their emerging strategy includes reducing freight costs through a regional ferry service, accelerating renewable energy projects to lessen dependence on imported fuel, expanding regional healthcare partnerships, strengthening consumer protection, and encouraging governments to adopt successful cost-of-living measures already being implemented across the Caribbean.

“Our discussions over the past four days were guided by one central objective – ensuring that CARICOM delivers results that people can see and feel in their everyday lives,” CARICOM Chairman and Saint Lucia Prime Minister Philip J. Pierre said.

Few places may welcome that relief more than The Bahamas and the Turks and Caicos Islands.

Although inflation has moderated in both countries from the sharp increases experienced following the pandemic, the cost of living remains stubbornly high. Families continue to complain about grocery bills that stretch household budgets, rising housing costs, expensive electricity, healthcare expenses and fuel prices that remain among the highest in the region.

Governments have responded.

In The Bahamas, successive reductions in Value Added Tax on selected goods and other targeted tax measures have sought to ease pressure on consumers. In the Turks and Caicos Islands, the Government this weekend opens applications for its $500 Cost of Living Relief Programme, acknowledging that many households continue to struggle despite the country’s economic success.

Yet affordability remains elusive.

The contradiction is difficult to ignore.

The Turks and Caicos Islands continues to post one of the region’s strongest tourism-driven economies, with robust investment, record visitor spending and sustained construction activity. The Bahamas has also strengthened its economic position, earning improved sovereign credit ratings as tourism, government revenues and fiscal performance continue to recover.

Yet those encouraging economic indicators have not translated into noticeably lower household expenses.

The reason is largely structural.

Both The Bahamas and the Turks and Caicos Islands produce relatively little of what they consume. Food, fuel, medicines, vehicles, building materials and countless household essentials are imported. Both countries also record significant trade deficits, illustrating their dependence on overseas suppliers. Every increase in global shipping costs, fuel prices or supply chain disruptions is eventually reflected in supermarket prices, utility bills and the cost of everyday living.

That is why CARICOM’s agenda matters.

If regional leaders succeed in lowering freight costs through an inter-island ferry network, expanding renewable energy, improving regional cargo movement, strengthening consumer protections and making healthcare more accessible through cooperation, the benefits could extend far beyond government balance sheets.

For Bahamians and Turks and Caicos Islanders, success will not be measured by another tourism record or another credit rating upgrade. It will be measured at the supermarket checkout, on the monthly electricity bill, at the gas pump and in the simple ability to afford a better quality of life.

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