The Protection and Development of Human Rights through a Constitutional Bill of Rights
By David Coltart
30th November 1994
Conference: Victoria Falls 10-14 December 1994
A Bill of Rights Conference, jointly organised by the Legal Resources Foundation of Zimbabwe, the Catholic Commission for Justice and Peace and Zimrights, will be held in Victoria Falls from Saturday 10th December to Wednesday 14th December 1994.
The principal objectives of the Conference will be to draw Constitutional experts together from throughout the world, but mainly from Africa, to analyse the use and effectiveness of existing Bills of Rights in Africa and to decide on a model Bill of Rights for Africa. The Conference will also consider the possibility of establishing an African, or at least a Southern African, Human Rights Court similar to the European Human Rights Court.
The need for the Conference has arisen from the fact that many African countries have antiquated Constitutions, bequeathed to them by colonial powers at independence, which have weak Bills of Rights. In some countries Bills of Rights have not been entrenched and as a result their provisions have been watered down and emasculated. In stark contrast Africa has, since 1990, seen the promulgation of several indigenous African Constitutions with progressive and entrenched Bills of Rights. The Namibian, Ghanaian and South African Constitutions have provided Africa with examples of excellent “home-grown†Constitutions with strong human rights provisions. In all of these recently enacted Constitutions the fundamental rights therein are entrenched and cannot be amended or watered down by legislatures. Accordingly the Conference will compare these new Constitutions and their respective Bills of Rights with older Constitutions, principally those of Kenya and Zimbabwe. It will then consider what fundamental rights should be included in all Bills or Rights and how such Bills of Rights can be adequately and effectively protected. The fundamental rights so agreed will be incorporated into a model Bill of Rights for Africa.
The Conference will be opened by the Chief Justice of Zimbabwe, the Honourable Mr Justice Gubbay, on Saturday 10th December. Amongst those delivering addresses will be the Honourable Mr Justice Albie Sachs, recently appointed to the Constitutional Court of South Africa, Mr Nicholas Haysom, Principal Legal Advisor to President Mandela, Professor Welshman Ncube of the University of Zimbabwe, Dr Willy Mutungwa, President of the Law Society of Kenya, Mr Pearson Nhererere of the University of Zimbabwe, and Dr Rodger Chongwe, President of the Commonwealth Lawyers Association and former Zambian Minister of Justice.
Other people attending include other Chief Justices, Supreme Court and High Court Judges from throughout Africa, other members of the new South African Constitutional Court, academics, Government Ministers from the region and the director of the Legal Affairs Division of the Commonwealth Secretariat. The Zimbabwean Government will be represented by the Permanent Secretary of the Ministry of Justice. The following countries will be represented:
Botswana, Ethiopia, Ghana, Kenya, Malawi, Mozambique, Namibia, South Africa, Tanzania, Uganda, United States of America, Zambia and Zimbabwe.
The Conference, which will be held at the Makasa Sun Hotel, is mainly funded by the United States Agency for International Development (USAID) with some additional funding provided by the Friedrich Naumann Foundation of the Federal Republic of Germany.
Statement released by Mr D Coltart, Trustee, Legal Resources Foundation, Zimbabwe, Wednesday 30th November 1994