Common Wealth
| Date | 01 November 2003 |
| DOI | http://doi.org/10.1046/j.1468-2230.2003.06606002.x |
| Published date | 01 November 2003 |
| Author | Cherie Booth,Max Du Plessis |
Common Wealth
Cherie Booth
and Max du Plessis
After reviewing developments in human rights law and international law – in
particular the domestication of international human rights law and the rise of the
democratic norm in international law – the importance of these developments for
the Commonwealth and for its member states is highlighted and linked to many of
the programmes and policies that the Commonwealth Secretariat has recently
launched. This paper discusses these developments and others in order to stress the
wealth of potential advantages for Commonwealth member states and their
citizens that flow from a common commitment under the rule of law to human
rights and democracy. The authors endeavour to show that such wealth is more
than mere economic benefit – as important as that undoubtedly is – and that
citizens stand to reap a moral system of government, one which expands the
opportunities for popular participation in political processes and puts an end to
social practices that marginalise some citizens and empower others.
Introduction
I look upon this yCommonwealth as the best missionary enterprise that has been launched
for a thousand years. This is a mission to mankind of good will, good government and
human co-operation, a mission of freedom and human helpfulness in the perils that beset our
human lot y(Field Marshall Jan Smuts, 1943).
1
While Smuts’ vision for the Commonwealth was born out of the events in the
World Wars, his vision has been formalised in the Commonwealth of today as an
association of fifty four states, together playing an important role in promot-
ing international understanding and world peace, and with a collective mission
that remains one of ‘good will, good government and human co-operation.’ The
members are drawn from all continents, each at varying stages of development,
and their coming together provides a network for co-operation and dialogue
among countries which embrace most of the world’s races, religions, political
systems and ideologies. One particular focus for co-operation and dialogue is the
common commitment which members of the Commonwealth have made to three
core values – human rights, the rule of law and democracy – and the ‘wealth’ –
both economic and otherwise – which flows from that common commitment.
Immense benefits stand to be gained by Commonwealth countries and their
citizens from the ‘internationalisation’ of human rights and democracy. And it is
through a common approach that the Commonwealth is best able to respond to
the perils that continue to beset our human lot – to fulfil its mission of freedom
and human helpfulness into the 21
st
century. In this paper we concentrate on the
Commonwealth’s commitment to actively promoting democracy and human rights
as core common commitments for its members. While others have provided ample
Matrix Chambers, Gray’s Inn, London.
Howard College School of Law, University of Natal, Durban.
1 Jan Smuts, ‘Thoughts on a New World,’ speech delivered in Room 17, Houses of Parliament,
London, UK, 25 October 1943, available at http://www.ukpoliticsmisc.org.uk/usenet_evidence/
smuts_power.htm (last visited 7 July 2003).
rThe Modern Law Review Limited 2003 (MLR 66:6, November). Published by Blackwell Publishing Ltd.,
9600 Garsington Road, Oxford OX4 2DQ, UK and 350 Main Street, Malden, MA 02148, USA. 837
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