Report of the 2015 International Women’s Day Stakeholder Commemorations
monism the act of ratifying the international law or treaty automatically incorporates
that treaty into national law and International law or treaty can be directly applied by
the courts, and can be invoked by citizens just as if it were national law. She said
Zimbabwe subscribes to dualism which emphasizes the difference between national
and international law, and requires the translation of the latter into the former. If a
State accepts a treaty but does not adapt its national law in order to conform to the
treaty or does not create a national law explicitly incorporating the treaty, that treaty
has not become part of its national law.
Section 327(2) of the Constitution states that “An international treaty which has been
concluded or executed by the President or under the President’s authority, (a) does
not bind Zimbabwe until it has been approved by Parliament; and (b) does not form
part of the law of Zimbabwe unless it has been incorporated into the law through an
Act of Parliament. She explained steps involved in ratification and domestication
noting that the Constitution states that ratification and domestication may be
dispensed with if an Act of Parliament provides that Section 327 (2) does not apply
to any particular international treaty or to any class of such treaties or it may apply
with modifications in relation to any particular international treaty or agreement or to
any class of such treaties or agreements. Furthermore, Parliament may by resolution
declare that any particular international treaty or class of international treaties does
not require approval under section 327(2) but this will not apply if the treaty’s
operation or application requires the withdrawal or appropriation of funds from the
Consolidated Revenue Fund or any modification of the law of Zimbabwe.
She observed that Zimbabwe has been slow to domesticate the international
agreements that it has acceded to but there are some notable instances where the
provisions of international agreements have been given effect to in domestic law.
The Constitution of Zimbabwe contains a Declaration of Rights in Chapter 4 which
enshrines most of the civil and political rights outlined in the Universal Declaration of
Human Rights (UDHR) and the International Covenant on Civil and Political Rights
(ICCPR). Another example that can be noted relates to the efforts of Zimbabwe in
domesticating the provisions of the Convention on the Elimination of all Forms of
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