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The Jurisprudence of the Dar Es Salaam Declaration on Academic Freedom

Published online by Cambridge University Press:  28 July 2009

Issa G. Shivji
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Extract

On 19 April, 1990, 12 delegates from autonomous staff associations of six institutions of higher education in Tanzania adopted the Dar es Salaam Declaration on Academic Freedom and Social Responsibility of Academics. The inaugural workshop was also attended by representatives from some eight other institutions of higher education who do not as yet have staff associations. A student representative from the proposed autonomous students' union of the University of Dar es Salaam was also invited. They all attended as observers who participated fully in the deliberations of the workshop although they did not have a right to vote.

In terms of article 51, the Declaration has now come into force as it has been ratified by the membership of two-thirds of the staff associations attending the inaugural workshop. Following the formal launch of the Declaration in July 1991, the next step will be for the staff associations to pressurize the respective administrations at their institutions to accord the Declaration formal recognition. Eventually, the Government itself will be approached to accord the Declaration political acceptance.

Type
Research Article
Information
Journal of African Law , Volume 35 , Issue 1-2: RECENT CONSTITUTIONAL DEVELOPMENTS IN AFRICA , Spring 1991 , pp. 128 - 141
Copyright
Copyright © School of Oriental and African Studies 1991

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References

1 See the Appendix for the full text. The working documents and the proceedings of the Workshop are reproduced in UDASA Newsletter/Forum No. 11, June 1990.

2 The Africa-wide Kampala Declaration on Intellectual Freedom and Social responsibility is closely modelled on the Dar es Salaam Declaration.

3 For a full discussion on what is now popularly called the “University Crisis of 1990” see UDASA Newsletter/Forum No. 12, January, 1991.

4 For a discussion and text see Cassese, A. (ed.), U.N. Law/Fundamental Rights: Two Topics in International Law The Netherlands, 1979.Google Scholar For a comparison with the African Charter on Human and Peoples' Rights see Shivji, I. G., The Concept of Human Rights in Africa Dakar, 1989.Google Scholar

5 “Arab Intellectuals Stand in Defense of Human Rights”, in IFDA Dossier, No. 53: 69–70 (05/06 1986).Google Scholar

6 In the Tanzanian police torture cases of R. v. Ihuya & 4 Others [High Court Criminal Sessions Case No. 8 of 1980Google Scholar at Mwanza (unreported)] and R. v. Kigadye & 7 Others [High Court Criminal Sessions Case No. 85 of 1980Google Scholar (unreported)], medical doctors (not teaching member of the Faculty) were involved in doing exactly this.

7 In the case of the former Chief Minister of Zanzibar, Seif Sharrif Hamad, two members of the Dar es Salaam Faculty of Law withdrew from the case after the Legal Aid Committee of the Faculty withdrew legal aid under dubious circumstances. This generated controversy between the University of Dar es Salaam Academic Staff Assembly (UDASA) and the Legal Aid Committee. For the exchange of letters see UDASA Newsletter/Forum, No. 9, Oct. 1989. 15–21. For a critical discussion of the episode see Peter, C. M., “Five Years of Bill of Rights in Tanzania: Drawing a Balance-Sheet”, paper presented at the Conference on Constitutionalism and Human Rights Law in Africa organized by the African Society of International Comparative Law, 2–5 04, 1991.Google Scholar

8 For a slightly different view see Bwagwati, J. 's opinion in the Indian case of Minerva Mills v. Union of India AIR 1980 Supreme Court 1789.Google Scholar

9 Under art. 8 the state should guarantee “equal, equitable and wholesome education to every resident” and under art. 17 every resident has the right to become part of the academic community without discrimination on the basis of ability.

10 This is epitomized by the recent transfer of the Vice-Chancellor of the University of Dar es Salaam, Prof. Mmari as a result of the 1990 crisis. It is widely believed among the academic community that Prof. Mmari's democratic inclinations, personal integrity and popularity in the university community proved to be too much for the powers-that-be.

11 This happened in 1966 after the expulsion of students who had protested against compulsory national service. It happened again, even more officially, during the 1990 crisis. For an account of student struggles at the University see Peter, C. and Mvungi, S., “The State and Student Struggles” in Shivji, I. G. (ed.), The State and the Working People in Tanzania Dakar, 1986Google Scholar and Shivji, I. G., “Tanzania: The Debate on De-linking” in Mahjoub, Azzam (ed.), Adjustment or De-linking? The African Experience London, 1990.Google Scholar