Developing Human Rights Jurisprudence

2310-1784 (online)
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The volumes in this series contain the papers presented at a series of colloquia that were held in various locations throughout the Commonwealth from 1988–1998. The colloquia focused on the subject of the domestic application of international rights norms, and the extent to which these interrelate with national standards for human rights protection. A set of principles, The Bangalore Principles, were propounded in the first colloquium and developed in subsequent colloquia.


Developing Human Rights Jurisprudence

Volume 2: Second Judicial Colloquium on the Domestic Application of International Human Rights Norms: Harare, Zimbabwe, 19–22 April 1989 You do not have access to this content

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Commonwealth Secretariat
01 Nov 1989
9781848594654 (PDF)

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One of an eightvolume series recording the development of international jurisprudence in human rights issues and, in particular, the domestic application of international human rights norms.

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  • Preface

    Senior Commonwealth judges traditionally gather from time to time for informal and private exchanges on matters of special interest. The Harare colloquium was the second of its kind dealing with the domestic application of international human rights norms, the first being held in Bangalore, India, in February 1988.

  • Introduction by the Commonwealth Secretary-General to the Report of the First Colloquium

    The quest world-wide for the effective realisation of fundamental human rights in all their manifestations - economic, social, political, cultural - is one which has come to characterise much of the twentieth century. This was a process which could only begin once the universality of the human condition and of the rights and needs fundamental to it, were clearly and unambiguously recognised. It needed, first, a renunciation of human bondage in all its forms, like slavery and indenture, and of course commitment to the decolonisation process.

  • Harare Declaration of Human Rights

    Between 19 and 22 April 1989 there was convened in Harare, Zimbabwe, a high level judicial colloquium on the Domestic Application of International Human Rights Norms. The colloquium followed an earlier meeting held in Bangalore, India in February 1988 at which the Bangalore Principles were formulated. The operative parts of the Principles are an annexture to this Statement.

  • List of Participants
  • Agenda
  • Inaugural Address by His Excellency The President Cde Robert Gabriel Mugabe

    Their Lordships Chief Justices, Honourable Ministers, Your Excellencies, Members of the Diplomatic Corps, Ladies and Gentlemen, Comrades and Friend.

  • Paper prepared by The Honourable Mr Justice Enoch Dumbutshena Chief Justice of Zimbabwe

    I would like to deal with the role of the people, the ordinary citizens, in the promotion of human rights. My concern is confined to people who might not even know that their rights are protected by Declarations of Human Rights enshrined in their Constitutions.

  • International Human Rights Norms

    This colloquy being a meeting of highly experienced persons in the daily application of laws in the field of human rights, it might be more fruitful to concentrate on norms that are by now generally accepted and only refer, necessarily briefly, to matters of purely historical or academic interest for the purpose of reviewing the development of those norms from what, it is hoped, is the right perspective in a field of international law which, in the last 40 years or so, has known a most remarkable and vigorous growth.

  • Implementing the Bangalore Principles on Human Rights Law

    In February 1988, in Bangalore, India, a number of principles were adopted concerning the role of the judiciary in advancing human rights by reference to international human rights norms. The principles were stated at the end of a judicial colloquium brought together by Justice P N Bhagwati, the former Chief Justice of India. The participants in the colloquium included the Chief Justice of Zimbabwe (Dumbutshena CJ) who has now taken the initiative of organising this colloquium of African judges.

  • Fundamental Rights in their Economic, Social and Cultural Context

    This is the second in the series of judicial colloquia which are being organised by members of the judiciary throughout the Commonwealth assisted by the Commonwealth Secretariat. The first, as you know, was held in Bangalore, India, where predominantly South Asian and South East Asian Chief Justices met in order to discuss the topic of "The Domestic Application of International Human Rights Norms". It was a highly stimulating experience for all of us who attended the colloquium.

  • The Role of the Judiciary in a Military Non-Constitutional Situation

    Between the time of the Nigerian army take-over of the Government of the Federal Republic of Nigeria on 15 January 1966 and the passage by the Federal Military Government of the Supremacy and Enforcement of Powers Decree No 28 of 1970, it was safe to assert that the courts in Nigeria had a power of review over the Decrees and Edicts of the Federal Military Government.

  • The Domestic Application of the African Charter on Human and Peoples' Rights

    The African Charter on Human and Peoples' Rights was adopted as a regional treaty by the Organisation of African Unity (OAU) in 1981. It entered into force, contrary to most expectations, only five years later on 21 October 1986. To date, it has been ratified or acceded to by a total number of 35 African countries, representing approximately two-thirds of the entire membership of the OAU.

  • Personal Liberty and Reasons of State

    In his celebrated dissent in Liversidge v. Anderson ([1942] AC 206 (HL)), Lord Atkin described the order of preventive detention

  • Annexes
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