The Commonwealth, made up of 56 member countries including the UK and represents a third of the global population, has commemorated its 75th year with the passage of ground-breaking model laws focused on technology and innovation, notably in the spheres of artificial intelligence (AI) and digital assets. 

Key provisions of the new legislative measures include enhanced access to justice for individuals with disabilities, a comprehensive action plan to combat online violence against women, and proposals to eliminate gender-discriminatory laws.

It is however, important to note that the model laws have no legal force of their own. Instead, they would need to be adopted and implemented on the national level, making it more of a set of ideas rather than a true framework like the EU’s MiCA for digital asset regulation. 

“It is, however, a bold riposte to those who say it can’t be done, and of particular importance to Common Law jurisdictions around the world,” said Oliver Linch, CEO of the crypto exchange Bittrex Global on LinkedIn. 

The model laws were tabled during a meeting held in Tanzania, where the member states convened under the theme ‘Technology and Innovation: How digitalisation paves the way for people-centred access to justice.’ The summit aimed to address the critical role of technology in advancing justice and legal systems across member nations.

The Rt Hon Patricia Scotland KC, the Commonwealth Secretary-General, hailed the measures as “absolutely critical” for achieving meaningful access to justice.

“Our discussions have been purposeful, our decisions have been meaningful, and our powerful new consensus allows us to take the next giant steps forward towards equal access to justice, in modernised legal systems, across our wonderful Commonwealth,” she said.

“We leave Zanzibar with a powerful mandate which will allow us to take the next decisive steps to ensure justice for all is the lived experience of every one of the 2.5 billion people living in our Commonwealth.”

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A notable achievement of the summit was the development of a model law on virtual assets, spearheaded by the expert working group, including founding member Loretta Joseph. The model law sets global standards for regulating virtual assets, aligning with international frameworks such as those outlined by the Financial Action Task Force (FATF).

“Primarily, this model law serves as an example of how countries can adopt a VA (Virtual Asset) regime if they lack sufficient resources or guidance. Countries may also choose to develop their own framework based on their specific needs and circumstances,” she said.

The Commonwealth draft model law on virtual assets, introduced at the 2022 Commonwealth Law Ministers Meeting in Mauritius, has now been passed, allowing member states to adopt it at their discretion. The law aligns with FATF recommendations, mandating regulation of Virtual Assets Service Providers (VASPs) for anti-money laundering and counter-terrorism financing purposes.