Case Study - Honourable Michael Kirby AC CMG

The Eminent Persons Group is comprised of distinguished representatives tasked with developing options for reform to sharpen the impact, strengthen the networks and raise the profile of the Commonwealth. Prominent Australian the Honourable Michael Kirby AC CMG was one of 11 members appointed to the EPG by the Commonwealth Secretary-General in July 2010.

As Australia’s longest serving judge, a lawyer, a non-politician and a man used to searching for principled solutions to problems, Justice Kirby brings a wealth of experience to the EPG. Over the years he has chaired many international bodies in the Development Co-operation Directorate, United Nations Programme on HIV/AIDS (UNAIDS), United Nations Development Programme and the Commonwealth itself. He has also presided in courts and has had a lengthy involvement in human rights and civil society organisations.

“For many years I have been involved in legal activities for this unique global organisation, going back to my attendance at the Edinburgh law conference in 1976,” said Justice Kirby.

“It was at that time, I also made my first visit to Marlborough House in London- the same location where the EPG has met on three occasions. Initially, my first visit was for a meeting of the law reform agencies of the Commonwealth. The EPG was concerned with nothing less than the future of the organisation in a rapidly changing world. Looking around the historic palace, I wondered where the intervening 35 years had gone, and how I could help to make sure that this unique body was still operating at full strength in a further 35 years.

“The Commonwealth is a great global family that shares its experiences and seeks to ensure equal justice for all, even though the achievement will inevitably take time. My own sexuality has meant that, in my life, I have tasted discrimination. This has made me sensitive to injustice.”

As a judge who served in Australia and Solomon Islands for many years, Justice Kirby is used to working in a collegiate body. The EPG members are from countries in different continents and have varied professional backgrounds, and ages. The group includes former heads of government who have attended past CHOGMs and politicians who offer insights into practical solutions.

“The EPG is not a court- there has to be give and take and compromise,” said Justice Kirby.

“Necessarily, members have different perspectives because of their differing experiences. The EPG get along well together which makes it easier to tackle grappling with questions. I pay a special mention to the chair of the EPG, Tun Badawi, past Prime Minister of Malaysia, for his inclusive manner and his colleagues for their constant respectful search for common ground.”

The EPG report to leaders at CHOGM 2011 will cover range of issues including Commonwealth values, democracy and the rule of law, improving effectiveness of the Commonwealth Ministerial Action Group, challenges facing small states, the greater role for youth in the organisation's activities and the urgent need to address HIV/AIDS.

“The EPG deliberately focused on large issues and has tried to avoid mere programmatic concerns,” he said.

“Necessarily, these need to be left to the Secretariat. We need to make sure that the Commonwealth not only proclaims these great principles, but also gives them a living force in its programmes and actions.

“I hope that the political leaders in Perth will grasp this opportunity to revamp the Commonwealth, so that it not only survives but goes on to flourish as an example of cooperation built on shared values, a common language, historical experience and self-interest.”

For more information visit the Commonwealth Secretariat website.