Hon’ble Mr Justice G. G. Chidyasiku, Chief Justice, Supreme Court of Zimbabwe

 

Address of
Hon’ble Mr Justice M. A. Cheda
Judge of Appeal of the Supreme Court of Zimbabwe
Representing
Hon'ble Mr Justice G. G. Chidyasiku
Chief Justice, Supreme Court of Zimbabwe

Hon’ble Mr Justice M. A. Cheda addressing the 8th International Conference of Chief Justices of the World
 

I am most grateful that you have once more extended the invitation for this very important conference to the Honourable Chief Justice, G G Chidyausiku who has been unable to attend, but has asked me to attend and make the following observations on his behalf.

Ever since God settled man on earth, conflicts and wars have erupted among men even from Biblical times, between Communities, Tribes and Nations.
Tension and conflicts can easily spread and trigger serious wars that can affect the whole world.

Today's world, with all its wealth, advancement in Science and Technology, has a much higher risk of self destruction than it has ever been before.
Lethal weapons and war-heads are on stand-by which are capable of wiping mankind from the surface of the earth on command.

It is common knowledge that whenever there is a war, women and children are not spared and suffer most.

Children are sometimes dragged in to be trained as child soldiers, often against their will, at tender age and get killed in the process.

They suffer more from the effects of the war when they are deprived of parental care and support, lack of food and shelter, lack of health services and grow up under very stressful conditions.

In a war situation, a community or nation cannot look after its children as expected.

Their education is disturbed. Family structures break up. Resources that should be used to take care of their wellbeing are diverted to financing the wars. No meaningful development can take place under war situations.

It is therefore pleasing to note that your organization has long taken note of this problem and continues to sensitize the world's judiciary on this matter.

How can we guard against world conflicts and wars to safeguard the welfare of the children of the world?

No one person, state, or organization can provide an answer.

The solution lies in the various States of the world coming together and agreeing on what needs to be done.

Various Treaties and Resolutions have been passed through different World Organizations and by the agency of the United Nations to protect the children of the world.
Different nations have ratified instruments that were passed to protect human rights and the rights of the children, but enforcement of the instruments remains a problem.
Even where nations have adopted some of the instruments and included them in their own domestic laws, their enforcement remains in the hands of the individual States themselves and their ability to enforce their own domestic laws.

No State can interfere or get involved in the affairs of another to enforce domestic laws based on these international instruments.

It seems, some form of body or organization is required to monitor such observance and enforcement.

Such a body can only do so successfully if it has both the support and respect of the member States concerned.

In saying so I am mindful of the existence of the United Nations Convention on the Rights of the Child, The African Charter on the Rights and Welfare of the Child.

There may be many other Organisations established for a similar purpose, but can they supervise different States on the implementation?

There is also the Declaration on the Protection of Women and Children in Emergency and Armed Conflict, General Assembly Resolution No. 3318 of the United Nations. The declaration was passed to protect civilians, women and children from bombings. But are they effectively protected in a war situation?

Sadly, and so often, we see in the Press and on television horrifying stories of the effect of wars on the women and innocent children whenever there is a war. The United Nations has a number of Committees set up for that purpose, but quite often they only monitor and compile reports.

Perhaps the solution to the problem is the actual unity of the different States of the world.

If the different States could unite to the extent of forming an overall controlling Government, that would reduce conflicts and wars. This could start with unity at regional and eventually continental level. On that note let me say that the move by African States to form a United Africa is most commendable.

There are no wars amongst the United States of America, and hopefully there should be no wars amongst the United States of Africa.

Such unity could then pave way for the formation of a United Government, a United Legal System, and a Judiciary that can deal with the enforcement of Laws that govern the whole United States of Africa.

The European Union could also do the same. Our children have a right to grow up in a peaceful environment. They should be taught the advantages of peace. They cannot love peace if they do not know peace. As leaders of tomorrow those still to be born should be born into a peaceful world and maintain it as such.

In this organization, it is pleasing to note that the children of the world have been afforded an opportunity to have a say regarding their desire for peace and security.
The World's Judiciary, are guardians of the laws of each State. Sensitizing them on such important issues is certainly very important.

In conclusion, I must say that this regular reminder of the World's Judiciary, which your organization is doing and ably so should be greatly appreciated by all peace loving citizens of the whole world.

To the World's Judiciary I can only say - the message from the children of the World is clear.

All possible channels should continue to be pursued, until an internationally enforceable legal system to protect the rights of the children of the present and future is achieved.

I thank you.