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Common Security Index; Presentation to the Senate Committee Reviewing the Anti-Terrorism Act PDF Print E-mail
Justice News
Posted by Joan Russow
Saturday, 19 July 2014 20:44

COMMON SECURITY INDEX: PRESENTATION TO SENATE COMMITTEE  REVIEWING BILL 36 THE ANTI-TERRORISM ACT

By Joan Russow PhD

Global Compliance Research Project

October 17 2005

 

 International instruments related to the furtherance of Common security. It should be noted that there are state actions that should never be sanctioned, however, there does not appear to exist international instruments to prohibit these actions.

 

True security is common security

Common security was a concept initiated by Olof Palme, a former president of Sweden, and has been extended to embody the following objectives:

 

•  to achieve a state of peace, and disarmament; through reallocation of military expenses

•  to create a global structure that respects the rule of law and the International Court of Justice;

•  to enable socially equitable and environmentally sound employment, and ensure the right to development and social justice;

•  to promote and fully guarantee respect for human rights including labour rights,  civil and political rights, social and cultural rights- right to food, right to housing, right to safe drinking water and sewage,  right to education  and right to universally accessible not for profit health care system ,

•  to ensure the preservation and protection of the environment, the respect for the inherent worth of nature beyond human purpose, the reduction of the ecological footprint and move away from the current model of unsustainable and overconsumptive development.

To further Common security,  the member states of the United Nations have incurred obligations through conventions, treaties and covenants, and made commitments through Conference Action plans, and created expectations through UN General Assembly resolutions, and declarations  member states of the United Nations have incurred obligations, made commitments and created expectations

 

note: the following is an index of the following

(i) list of international obligations incurred through conventions, treaties, and covenants, of commitments made through conference action plans and expectations created through UN General Assembly resolutions related to “common security”.

(ii) State Activity: very preliminary comments about state compliance or non compliance with the obligations, commitments and expectations related to “common security). Eventually, key government positions will be included in this Common Security Index.

(iii) Lawful Advocacy Activity

of state activity and of lawful advocacy activity in relation to these international instruments. . the purpose of the list is to indicate the range of international obligations and commitments which if discharged or acted upon would contribute to global common security. Eventually, key international NGO campaigns will be included in this Common Security Index.

 

 

1. PEACE

•Peace and Outer Space

 

(0) ENSURING THAT THE USE OF OUTER SPACE IS FOR THE BENEFIT OF ALL MANKIND [HUMANITY]

 

INTERNATIONAL: OBLIGATION AND COMMITMENT:

The exploration and use of outer space, including the moon and other celestial bodies, shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind humanity....

(Art. 1 Outer Space Treaty of 1967 in force 1967)

 

Forbidding the establishment of military bases, installations and fortifications and the testing of any type of weapon...

...the moon and other celestial bodies shall be used by all States Parties to the Treaty exclusively for peaceful purposes. The establishment of military bases, installations and fortifications, the testing of any type of weapons and the conduct of military maneuvers on celestial bodies shall be forbidden..(Art. IV Outer Space Treaty of 1967 in force 1967)

 

Reaffirming the importance of international co-operation in developing the rule of law in the peaceful use of outer space(The General Assembly, Resolution 36/35 International Co-operation in the Peaceful Uses of Outer Space, 1981)

 

Recalling its resolution 35/14 of 3 November 1980, Deeply convinced of the common interest of mankind humanity in promoting the exploration and use of outer space for peaceful purposes and in continuing efforts to extend to all States the benefits derived there from, as well as the importance of international co-operation in this field, for which the United Nations should continue to provide a focal point, Reaffirming the importance of international co-operation in developing the rule of law in the peaceful exploration and use of outer space, (The General Assembly, Resolution 36/35 International Co-operation in the Peaceful Uses of Outer Space, 1981)

 

STATE ACTIVITY: (USA) has decided unilaterally to embark upon the militarization of space, and to use plutonium in space probes such as the Cassini

 

ADVOCACY ACTIVITY: has exposed the fact that the state is in violation of an existing treaty -the Outer Space Treaty, and of related General Assembly Resolutions. Has opposed the ballistic Missile Defence; and the Cassini Probe.

 

•Peace and International Law

 

(1) ADVOCATING THE ROLE OF THE INTERNATIONAL COURT OF JUSTICE AND ENSURING THAT THE WORLD TRADE CENTRE DOES NOT TRUMP INTERNATIONAL LAW

 

 

INTERNATIONAL OBLIGATION:

The fundamental purpose of the Charter of the United Nations is to prevent the scourge of war. Chapter VI of the Charter, provides the means to prevent war, including the application of article 27-the requirement for parties to a conflict to abstain from the vote, and the opportunity under article 37 to refer potential situations of conflict to the International Court of Justice

 

CHAPTER VI: PACIFIC SETTLEMENT OF DISPUTES

Article 33

The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.

...

In making recommendations under this Article the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court.

 

STATE ACTIVITY: Generally permanent members of the UN Security Council have ignored Chapter VI (peaceful resolution of disputes) and ignored the role of the International Court of Justice. They move to Chapter VII, and some permanent members, primarily the US, of the UN Security Council succeed in cajoling, intimidating and offering "checkbook diplomacy" to persuade other members of the UN Security Council to support military intervention. (1991 invasion of Iraq)

 

LAWFUL ADVOCACY ACTIVITY: has urged the UN to revisit the section in the charter related to the International Court of Justice, and require state parties to the conflict to refer the conflict to the International Court of Justice, and to be bound by the decision of the court. Has written position piece in 1991 on UN Contravening its own Charter, and on the fact that the UN Security Council by supporting the invasion of Iraq, and by instituting the oil for food programme has discredited the United Nations. Has criticized Philippe Kirsch, who on behalf of Canada refused to accept the jurisdiction of the ICJ. [now he is the president of the International Criminal Court]

 

(2) RESPECTING THE JURISDICTION OF THE INTERNATIONAL COURT OF JUSTICE

 

INTERNATIONAL: In making recommendations under this Article the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court.

 

When the United Nations Security Council did not support the invasion of Yugoslavia, the NATO states invaded Yugoslavia and then the former Federal Republic of Yugoslavia referred their case against ten NATO states to the International Court of Justice.

 

STATE ACTIVITY: NATO states, in the case of Kosovo, demonstrated disdain for the international rule of law, and refused to accept the jurisdiction of the International Court of Justice.

 

LAWFUL ADVOCACY ACTIVITY: has supported the former Federal Republic of Yugoslavia in its case at the International Court of Justice against the ten NATO states; urged that when there are disputes between and among states, the states should be mandated to go to the International Court of Justice, and has opposed the use of depleted uranium, which the USA claimed at the ICJ was a conventional weapon.

 

(3) RESPECTING THE INTENTION BEHIND SELF DEFENCE

 

INTERNATIONAL OBLIGATION IN THE CHARTER.

Chapter VII, Article 51

Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.

 

STATE ACTIVITY: (USA) hasperceived justice through revenge and military intervention, has redefined what constitutes "self defence" and has used the pretext of self defence to justify military intervention in Afghanistan. NATO states supported this interpretation of article 51.

 

LAWFUL ADVOCACY ACTIVITY: has argued that Article 51 was misconstrued and that the rule of law not revenge should prevail, and states should seek justice from the International Court of Justice. Has participated on a panel at the UN addressing the issue of what constitutes self defence. Generally it was concluded that the US interpretation of self defence was not in line with “self Defence” as defined in most national statutes.

 

Notes: from the Canadian Criminal Code

35 after assaulting another

26 excessive forces

everyone who is authorized by law to use force is criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess

synopsis

This section imposes criminal liability for the use of force in excess of that authorized by law. Thus, it has been held that if one exceeds the force permitted by s27 or the force permitted as self-defence under s 34, the excess force which results in death will be murder and not considered reduced manslaughter.

 

(4) SAVING SUCCEEDING GENERATIONS FROM THE SCOURGE OF WAR AND PREVENTING AND RESOLVING CONFLICTS NOT ENGAGING IN "PREVENTIVE AGGRESSION

 

INTERNATIONAL OBLIGATION AND COMMITMENT

 

The purpose of the Charter of the United Nations is to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind [humanity]

 

The Convention on the Right to correction; 1952

The contracting States,

-Desiring to implement the right of their peoples to be fully and reliably informed

-Desiring to improve understanding between their peoples through the free flow of information and opinion

-Desiring thereby to protect mankind [Humanity] from the scourge of war, to prevent the recurrence of aggression from any source, and to combat all propaganda which is ether designed or likely to provoke or encourage any threat to peace, breach of the peace, or act of aggression

 

In the Platform of Action, States have made a commitment to maintain peace and security at the global, regional and local levels, a commitment to prevent and resolve conflicts (Art.15, Platform of Action, and UN Conference on Women: Equality, Development and Peace.

 

STATE ACTIVITY: (USA) has demonstrated disdain for the international rule of law, and for the obligation to prevent the recurrence of aggression, and to ensure that people are fully and reliably informed. Has misconstrued the intention behind the “prevention of recurrence of aggression” by adopting a policy of pre-emptive/preventive aggression. Has engaged in an illegal act of invading a sovereign state in violation of the UN Charter and international law and has committed the 'supreme' international crime of the war of aggression

 

LAWFUL ADVOCACY ACTIVITY: stressed the distinction between the prevention of conflict, aggression and war, and the notion of pre-emptive/preventive attack, which escalates conflict and war; has urged states to bring the conflict to the International Court of Justice or has called for the evoking of the Uniting for Peace resolution which calls for an emergency session of the UN General Assembly.

 

(5) REFRAINING IN ITS INTERNATIONAL RELATION FROM THE THREAT OR USE OF FORCE AGAINST THE SOVEREIGNTY... OF ANY STATE

 

INTERNATIONAL OBLIGATION:

 

Proclaiming their earnest wish to see peace prevail among peoples.

recalling that every state has the duty, in conformity with the Charter of the United Nations, to refrain in its international relations from the threat or use of force against the sovereignty, territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the Unite Nations, (Preamble, Protocol Additional to the Geneva Conventions of 1949 and relating to the Protection of Victims of International Armed Conflict (Protocol 1) 1977 by the Diplomatic conference on the Reaffirmation and Development of International Humanitarian Law applicable in Armed Conflicts

 

STATE ACTIVITY: (USA) has ignored this obligation

LAWFUL ADVOCACY ACTIVITY: has called for the discharging this obligation to refrain from the threat or use of force

 

(6) COUNTERING THE MISINTERPRETATION OF "SERIOUS CONSEQUENCES" IN UN SECURITY COUNCIL RESOLUTION

 

INTERNATIONAL: The term "serious consequence" in the UN General Security Council Resolution on Iraq was not equated with a "military intervention"

 

13. Recalls, in that context, that the Council has repeatedly warned Iraq that it will face serious consequences as a result of its continued violations of its obligations;

 

ROGUE STATE ACTIVITY: The US administration claimed that if the conditions set out in the Resolution were not met, :serious consequences legitimized the invasion of Iraq

 

LAWFUL ADVOCACY: criticized the above interpretation of "serious consequences" and proposed that "serious consequences" could in fact mean that the issue should be taken to the International Court of Justice

 

 

(7) PREVENTING THREATS OF ASSASSINATION OF LEADERS OF OTHER STATES

 

INTERNATIONAL: ABSENCE OF  OBLIGATION or COMMITMENT?

 

-Desiring thereby to protect mankind from the scourge of war, to prevent the recurrence of aggression from any source, and to combat all propaganda which is ether designed or likely to provoke or encourage any threat to peace, breach of the peace, or act of aggression (The Convention on the Right to correction, 1952)

 

COMMENT: There does not appear to be an obligation or commitment to prevent this threat; although the Convention on the Right to correction does address provocation. The International Criminal Court should be able to take on cases of targeted assassination but appears to be helpless against states that have an established legal system, and of course incapable of acting in the case of non signatories.

 

US treaty against targeting or assassinating leaders was passed in the mid 1970s but repealed by president George W. Bush

 

 

STATE ACTIVITY: (PRIMARILY USA) has engaged in a long standing practice of removing leaders; has targeted and has assisted in the assassination of leaders of other sovereign states, who interfered with national interests.

 

LAWFUL ADVOCACY RESPONSE: has condemned the practice and has condemned the condoning of assassinations. Has recommended a clear international statement condemning assassination included in the mandate of the International Criminal Court, and has called upon all states to sign and ratify the statute of the International Criminal Court. Has lobbied for the International Criminal Court to have jurisdiction regardless of state claim to have a legal system capable of trying the case in the country in which the crime occurred, or in which the accused criminal is a citizen.

 

(8) SETTING UP, PROPPING UP, FINANCING AND SUPPLYING ARMS TO MILITARY DICTATORS THAT FURTHERED FOREIGN VESTED NATIONAL INTERESTS

 

INTERNATIONAL OBLIGATION OR COMMITMENT

There does not appear to be any obligations or commitment condemning the propping up and financing the propping up of dictators.

 

This activity would certainly not fulfill the expectations of the Declaration of the Right of all Peoples to Peace:

 

In the 1984 General Assembly Resolution entitled the Right of Peoples to Peace, there were "Appeals to all States and international organizations to do their utmost to assist in implementing the right of peoples to peace through the adoption of measures at both the national and the international level." (4. Declaration on the Right of Peoples to Peace approved by General Assembly resolution 39/11 of 12 November 1984)

 

This activity could certainly contribute to gross and systemic violations of human rights:

The gross and systematic violations and situations constitute serious obstacles to the full enjoyment of all human rights continue to occur in different parts of the world, such violations and obstacles included, as well as torture and cruelty, inhuman and degrading treatment and punishment, summary and arbitrary executions, disappearances, arbitrary detentions, all forms of racism racial discrimination and apartheid, foreign occupation and alien domination, xenophobia, poverty, hunger and other denials of economic, social and cultural rights,, religious intolerance, terrorism, discrimination against women and lack of the rule of law (C. 30 World Conference on human rights.

 

STATE ACTIVITY: (PRIMARILY USA) has continued this long standing activity with impunity

 

LAWFUL ADVOCACY ACTIVITY: has condemned this activity and has continually pointed out the consequences when former friendly dictators become the evil ones

 

(9) CONDEMNING THE MAINTAINING OF MILITARY BASES IN OTHER SOVEREIGN STATES

 

INTERNATIONAL OBLIGATION OR COMMITMENT:

There is a prohibition of military bases in the Outer space Treaty, and the prohibition of military bases in Antarctica

 

Prohibiting the establishment of military bases in Antarctica

Antarctica shall be used for peaceful purposes only. There shall be prohibited, inter alia, any measures of a military nature, such as the establishment of military bases and fortifications, the carrying out of military maneuvers, as well as the testing of any type of weapons. (Antarctic Treaty of 1959, in force 1961)

 

Otherwise, there does not appear to be a specific prohibition against foreign military bases unless they would be designated as "foreign occupation".

 

In the Declaration on the Right to Development adopted by General Assembly 1986

 

Mindful of the obligation of states under the Charter to promote universal respect for and observance of human rights and fundamental freedoms for all without distinction of any kind such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,

 

Considering that the elimination of the massive and flagrant violations of the human rights of the peoples and individuals affected by situations such as those resulting from colonialism, neo-colonialism, apartheid, all forms of racism and racial discrimination, foreign domination and occupation, aggression and threat against national sovereignty, national unity and territorial integrity and threats of war would contribute to the establishment of circumstances propitious to the development of a great part of mankind, [humanity]

 

STATE ACTION: (USA) has maintained over 750 military bases in sovereign states around the world

 

LAWFUL ADVOCACY ACTION: Has called for the closing of and conversion of US military bases, and other foreign owned bases. Social Forum has called for the closing and conversion of bases. In the Women's Action Agenda, 1992, reference was made to the presence of military bases:

 

Realizing the disastrous environmental impact of all military activity, including research, development, production of weaponry, testing, maneuvers, presence of military bases, disposal of toxic materials, transport, and resources use (Women’s Action Agenda, 1982)

 

(10) ELIMINATING THE THREAT OF WAR

 

INTERNATIONAL COMMITMENT:

 

Recalling that in the Final Document of the Tenth Special Session of the General Assembly, the States Members of the United Nations solemnly reaffirmed their determination to make further collective efforts aimed at strengthening peace and international security and eliminating the threat of war, and agreed that in order to facilitate the process of disarmament, it was necessary to take measures and pursue policies to strengthen international peace and security and to build confidence among

states.

 

Safeguarding world peace and averting a nuclear catastrophe

Safeguarding world peace and averting a nuclear catastrophe is one of the most important tasks today in which women have an essential role to play, especially by supporting actively the halting of the arms race followed by arms reduction and the attainment of a general and complete disarmament under effective international control, (The Nairobi Forward Looking Strategy, 1985)

 

STATE ACTIVITY: Has failed to act on the commitment to prevent the threat of war, and by establishing an axis to evil, has perpetuated the threat, and has adopted the "responsibility to protect" notion which embodies and implicit threat of war if there is a perception of violation of human rights.

 

LAWFUL ADVOCACY ACTIVITY: has called for whatever activities are necessary to prevent the threat of war

 

(11) REFRAINING FROM THE THREAT TO USE FORCE

 

INTERNATIONAL OBLIGATION :

Every state has the duty, in conformity with the Charter of the UN, to refrain in its international relations from the threat or use of force against the sovereignty, territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the (Geneva Convention)

 

Adopted on 8 June 1977 by the diplomatic conference on the reaffirmation and development of international humanitarian law applicable in armed conflicts

 

The high contracting parties,

recalling that the humanitarian principles enshrined in article 3 common to the Geneva convention of 12 august 1949 constitute the foundations of respect for the human person in cases of armed conflict not of any international character.

 

Recalling further that international instruments relating to human rights offer a basic protection to the human person

Emphasizing the need to ensure a better protection for the victims of those armed conflicts

 

PART 1

SCOPE OF THIS PROTOCOL

article 2 personal field of application

1. This protocol shall be applied without any adverse distinction founded on race, colour, sex, language, religion or belief, political or other opinion, national or social origin, wealth birth or other status or on any other similar criteria (hereinafter referred to as "adverse distinction" to all persons affected by an armed conflict as defined in article 1. ßßcase

 

ARTICLE 3 NON -INTERVENTION

 

2. nothing in this protocol shall be invoked as a justification for intervening directly or indirectly, for any reason whatever, in the armed conflict or in the internal or external affairs of the high contracting party in the territory of which that conflict occurs. (Geneva Convention)

 

STATE ACTIVITY: (US, CANADA et Al) extended "human security" to mean "humanitarian intervention" and "Responsibility to protect” have become a licence to increase the military budget and to legitimize military intervention;

 

(US) has engaged in covert and overt "Operations" against independent states; from "Operation Zapata", and "Operation Northwoods" against Cuba, through "Operation Condor" in Chile, through years of euphemistic operations such as "Operation Just Cause" against Panama and more recently (NATO States) "Operation enduring freedom" against Afghanistan, and (US-led COALITION OF THE WILLING) "Operation Iraqi Freedom" against Iraq [see annex III]

 

LAWFUL ADVOCACY ACTIVITY: Has called for the force of Compliance: full scale implementation of obligations, commitments and expectations related to common security in an attempt to prevent destabilization, and potential threats.. The UN Security Council should be dissolved and power transferred to the UN General Assembly; the UN Security Council, with the veto powers, even with the addition of more permanent members, violates a fundamental principle in the Charter of the United Nations: the principle of “sovereign equality”. Interstate conflicts should be reviewed by the UN General Assembly and then the states party to the conflict should be mandated to accept the jurisdiction and decision of  the International Court of Justice. INTRA state conflicts should be also brought to various committees set up by the UN General Assembly with input from the key organs in the United Nations such as UNHCR, UNEP, UNESCO, UNDP, UNIFEM, and DISARMAMENT with the goal of working with the parties involved to prevent any further escalation of the conflict. In specific cases, where the UN General Assembly in conjunction with various organs of  United Nations  determines that there have been individuals criminally responsible for crimes against humanity, the case should be investigated by the International Criminal Court, without exemptions for those countries deemed to have a functioning legal system. The International Criminal Court will not be effective if it is perceived to discriminate against specific nations.

 

 (12) PROHIBITING ACTIVITIES OF CORPORATIONS FROM PROFITING FROM WAR

 

INTERNATIONAL: ABSENCE OF OBLIGATION AND COMMITMENT: COMMENT

There appears to have been international references to "mercenaries"...The businesses in this industry, known as privatized military firms (PMFs), range from small consulting firms, comprised of retired generals, to transnational corporations that lease out wings of fighter jets or battalions of commandos.

 

In the Columbia Journal of Transnational Law, P.W. Singer: "In 1968, the U.N. passed a resolution condemning the use of mercenaries against movements of national liberation. The resolution was later codified in the 1970 Declaration of Principles of International Law Concerning Friendly Relations and Cooperation Among States (ì1970 Declaration).28 The U.N. declared that every state has the duty to prevent the organization of armed groups for incursion into other countries. The 1970 Declaration represented an important transition in international law, as mercenaries became outlaws in a sense. However, it still placed the burden of enforcement exclusively on state regimes, failing to take into account that they were often unwilling, unable, or just uninterested in the task.29 The legal movement against private military actors was followed by a definition of mercenaries in the 1977 Additional" (War, Profits, and the Vacuum of Law: Privatized Military Firms and International Law

P.W. Singer*state activity: 522 Columbia Journal of Transnational Law [42:521.

 

STATE ACTIVITY: has increased the participation of "Privatized Military firms", and well as transnational corporations benefiting from access to natural resources. etc.

 

LAWFUL ADVOCACY ACTIVITY: has condemned corporations benefiting and profiting from war and promoting the drafting of an international instrument which would prohibit the profiting from war. Has proposed that the notion of "mercenary" could be extended to include foreign corporations

 

•Peace - - Disarmament and elimination of weapons of mass destruction

 

(13) PROMOTING COMPREHENSIVE DISARMAMENT

 

.INTERNATIONAL COMMITMENTS AND EXPECTATIONS:

 

The maintenance of peace; different types of war and their causes and effects; disarmament; the inadmissibility of using science and technology for warlike purposes and their use for the purposes of peace and progress; the nature and effect of economic, cultural and political relations between countries and the importance of international law for these relations, particularly for the maintenance of peace: ((b. The General Conference of member states on education Declaration, UNESCO)

 

A basic instrument of the maintenance of peace is the elimination of the threat inherent in the arms race, tribe, as well as efforts towards general and complete disarmament, under effective international control, including partial measures with that end in view, in accordance the principles agreed upon within the United Nations and relevant international agreements. (6. Declaration on the Preparation of Societies for Life in Peace Date)

 

REALLOCATION OF THE MILITARY BUDGET

The achievement of general and complete disarmament and the channeling of the progressively released resources to be used for economic and social progress for the welfare of people everywhere and in particular for the benefit of developing countries. proclaimed by General Assembly resolution 1542 (article 27 (a)_ XX1V of 11 December 1969) Declaration on Social Welfare, Progress and Development)

 

In 1976 at Habitat 1, member states of the United Nations affirmed the following in relation to the military budget:

 

"The waste and misuse of resources in war and armaments should be prevented. All countries should make a firm commitment to promote general and complete disarmament under strict and effective international control, in particular in the field of nuclear disarmament. Part of the resources thus released should be utilized so as to achieve a better quality of life for humanity and particularly the peoples of developing countries" (II, 12 Habitat 1).

 

 

Reaffirming the provisions of the Final Document of the Tenth Special Session of the General Assembly, according to which gradual reduction of military budgets on a mutually agreed basis, for

example, in absolute figures or in terms of percentage, particularly

by nuclear-weapon States and other militarily significant States,

would contribute to curbing the arms race and would increase the

possibilities of reallocation of resources now being used for military purposes to economic and social development, particularly

for the benefit of the developing countries (Resolution 36/82 1981, Reduction of Military Budgets. 1981)

 

These appeals were further reinforced in a 1983 General Assembly Resolution on the Relationship between Disarmament and Development, that curbing the arms build-up would make it possible to release additional resources for use in economic and social development, particularly for the benefit of the developing countries." Also in the 1993 resolution, member states considered that "the magnitude of military expenditures is now such that their various implications can no longer be ignored in the efforts pursued in the international community to secure the recovery of the world economy and the establishment of a new international economic order."

 

 

Solemnly proclaims that the peoples of our planet have a sacred right to peace (1. Declaration on the Right of Peoples to Peace approved by General Assembly resolution 39/11 of 12 November 1984)

 

Recalling that in the Final Document of the Tenth Special Session of the General Assembly, the States Members of the United Nations solemnly reaffirmed their determination to make further collective efforts aimed at strengthening peace and international security and eliminating the threat of war, and agreed that in order to facilitate the process of disarmament, it was necessary to take measures and pursue policies to strengthen international peace and security and to build confidence among states. Declaration on the Right of Peoples to Peace approved by General Assembly resolution 39/11 of 12 November 1984)

 

...In this respect special attention is drawn to the final document of the tenth special session of the General Assembly, the first special session devoted to disarmament encompassing all measures thought to be advisable in order to ensure that the goal of general and complete disarmament under effective international control is realized. This document describes a comprehensive programme of disarmament, including nuclear disarmament; which is important not only for peace but also for the promotion of the economic and social development of all, but also for the promotion of the economic and social development of all, particularly in the developing countries, through the constructive use of the enormous amount of material and human resources otherwise expended on the arms race (Par 13, The Nairobi Forward Looking Strategy, 1985)

 

In this respect special attention is drawn to the final document of the tenth special session of the General Assembly, the first special session devoted to disarmament encompassing all measures thought to be advisable in order to ensure that the goal of general and complete disarmament under effective international control is realized. This document describes a comprehensive programme of disarmament, including nuclear disarmament; which is important not only for peace but also for the promotion of the economic and social development of all, but also for the promotion of the economic and social development of all, particularly in the developing countries, through the constructive use of the enormous amount of material and human resources otherwise expended on the arms race (Par 13, The Nairobi Forward Looking Strategy, 1985)

 

Safeguarding world peace and averting a nuclear catastrophe is one of the most important tasks today in which women have an essential role to play, especially by supporting actively the halting of the arms race followed by arms reduction and the attainment of a general and complete disarmament under effective international control... (Par 250 Nairobi Forward Looking strategy for the Advancement of women, 1985)

 

 

 

 

 

Reaffirming that there is a close relationship between disarmament and development and that progress in the field of disarmament would considerably promote progress in the field of development and that resources released through disarmament measures should shall be devoted to the economic and social development and well-being of all peoples and, in particular, those of the developing countries, Declaration on the Right to Development, General Assembly resolution 41/128 of 4 December 1986

 

Reaffirming that there is a close relationship between disarmament and development and that progress in the field of disarmament would considerably promote progress in the field of development and that resources released through disarmament measures should shall be devoted to the economic and social development and well-being of all peoples and, in particular, those of the developing countries, Declaration on the Right to Development, General Assembly resolution 41/128 of 4 December 1986

 

All Statesshould[shall] promote the establishment, maintenance and strengthening of international peace and security and, to that end,should [shall] do their utmost to achieve general and complete disarmament under effective international control, as well as to ensure that the resources released by effective disarmament measures are used for comprehensive development, in particular that of the developing countries. (Declaration on the Right to Development Adopted by General Assembly resolution 41/128 of 4 December 1986)

adopted by general assembly resolution 41/128 December 1986

 

STATE ACTIVITY: (USA) has obstructed even the mention of "disarmament” in the most recent 2005 World Summit;

 

LAWFUL ADVOCACY ACTIVITY has lobbied for the inclusion of a reference to disarmament in all international instruments, and has called for the reallocation of military expenses to global social justice. 

 

use of force to prevent commission of offence

27. everyone is justified in using as much force as is reasonably necessary

a to prevent the commission of an offence

(i) for which, if it were committed, the person who committed it might be arrested without warrant, and

(ii) that would be likely to cause immediate and serious injury to the person or property of anyone; or

(b) to prevent anything being done that, on reasonable grounds, he believes would, if it were done, be an offence mentioned in Para a c 34 s 27

 

It should be noted that the amount of force used will be judged by an objective standard as denoted by the term "reasonably necessary"

 

(14) ELIMINATING AND DESTROYING WEAPONS OF MASS DESTRUCTION

 

INTERNATIONAL COMMITMENT AND OBLIGATION

Eliminating weapons of mass destruction

Man [Humans] and their environment must be spared the effects of nuclear weapons and all other means of mass destruction. States must strive to reach prompt agreement in the relevant international organs on the elimination and complete destruction of such weapons (UNCHE, 1972, Principle 26)

 

STATE ACTIVITY: (USA) has proceeded to exclude nuclear weapons from the category of weapons of mass destruction; ignored commitment and continued to produce and subsidize industries that produce weapons of mass destruction such as nuclear, chemical, and biological, in defiance of the global commitment made at Stockholm in 1972 to eliminate the production of weapons of mass destruction. (CANADA) sold the civil nuclear technology to both India and Pakistan, and has continued to supply uranium to nuclear arms states.

 

ADVOCACY ACTIVITY: has called for states to act on long standing commitment eliminate and completely destroy weapons of mass destruction, and upon Canada to end the export of civil nuclear technology and the export of uranium.

 

(15) REAFFIRMING THAT THE THREAT OR USE OF NUCLEAR WEAPONS VIOLATES INTERNATIONAL HUMANITARIAN LAW

 

INTERNATIONAL COMMITMENT:

 

Reaffirming that the use of nuclear weapons would be a crime against humanity

 Reaffirming the declaration that the use of nuclear weapons would be a violation of the Charter of the United Nations and a crime against humanity, contained in its resolutions 1653 (XVI) of 24 November 1961, 33/71 B of14 December 1978, 34/83 G of 11 December 1979, 35/152 D of 12 December 1980 and 36/92 I of 9 December 1981,

 

Being convinced that prohibition of the use or threat of use of nuclear weapons would lead to complete elimination of nuclear weapons and to disarmament

Further convinced that a prohibition of the use or threat of use of

nuclear weapons would be a step towards the complete elimination of nuclear weapons leading to general and complete disarmament under strict and effective international control (draft Convention on the prohibition of the use of nuclear weapons A/RES/38/75, 1983)

 

NUCLEAR DISARMAMENT

 

  Reaffirming the declaration that the use of nuclear weapons would be a violation of the Charter of the United Nations and a crime against humanity, contained in its resolutions 1653 (XVI) of 24 November 1961, 33/71 B of14 December 1978, 34/83 G of 11 December 1979, 35/152 D of 12 December 1980 and 36/92 I of 9 December 1981,

 

  Convinced that nuclear disarmament is essential for the prevention of

nuclear war and for the strengthening of international peace and security, (Draft Convention on the prohibition of the use of nuclear weapons A/RES/38/75, 1983)

 

Reiterates its request to the Conference on Disarmament to

commence negotiations, as a matter of priority, in order to achieve agreement on an international convention prohibiting the use or threat of use of nuclear weapons under any circumstances, taking as a basis the annexed draft (Art. 1. Convention on the Prohibition of the Use of Nuclear Weapons, ∞)

 

Convinced that nuclear disarmament is essential for the prevention of

nuclear war and for the strengthening of international peace and security, (Draft Convention on the prohibition of the use of nuclear weapons A/RES/38/75, 1983)

 

Further convinced that a prohibition of the use or threat of use of

nuclear weapons would be a step towards the complete elimination of nuclear weapons leading to general and complete disarmament under strict and effective international control (draft Convention on the prohibition of the use of nuclear weapons A/RES/38/75, 1983)

 

Reiterates its request to the Conference on Disarmament to

commence negotiations, as a matter of priority, in order to achieve agreement on an international convention prohibiting the use or threat of use of nuclear weapons under any circumstances, taking as a basis the annexed draft (Art. 1. Convention on the Prohibition of the Use of Nuclear Weapons, ∞)

Each non-nuclear-weapon State Party to the Treaty undertakes not to receive the transfer from any transferor whatsoever of nuclear weapons or other nuclear explosive devices or of control over such weapons or explosive devices directly, or indirectly; not to manufacture of otherwise acquire nuclear weapons or other nuclear explosive devices; and not to seek or receive any assistance in the manufacture of nuclear weapons or other nuclear explosive devices. (Art. II, Nuclear-weapon Non-proliferation Treaty of 1968, in force 1970)

 

Non-Proliferation Treaty (NPT)

 

Article 1:         prohibits the transfer of weapons directly or indirectly from states in possession of nuclear weapons to states not in possess

Article II:        disallows receipt or manufacture of nuclear weapons by non nuclear weapon states

Article III:       seeks to assure that materials and facilities in non-nuclear weapon states are used for peaceful purposes only by application o f safeguards by the IAEA

            Article VI:       commits all parties to pursue negotiations in good faith on measures to end the nuclear arms race and to achieve disarmament

 

 

Fifty-seventh session

First Committee

Agenda item 66 (b)

 

General and complete disarmament: towards a nuclear-weapon-free world: the need for a new agenda Brazil, Egypt, Ireland, Mexico, New Zealand, South Africa and Sweden: draft resolution

 

Towards a nuclear-weapon-free world: the need for a new agenda

On 1 October 2002 the New Agenda Coalition (Brazil, Egypt, Ireland, Mexico, New Zealand, South Africa and Sweden) submitted a draft resolution to the United Nations General Assembly entitled “Towards a nuclear-weapon-free-world: the need for a new agenda.” (A/C.1/57/L.3)

 

The General Assembly,

             Recalling its resolutions 53/77 Y of 4 December 1998, 54/54 G of 1 December 1999 and 55/33 C of 20 November 2000,

            Convinced that the existence of nuclear weapons is a threat to the survival of humanity,

            Declaring that the participation of the international community as a whole is central to the maintenance and enhancement of international peace and stability and that international security is a collective concern requiring collective engagement,

            Declaring also that internationally negotiated treaties in the field of disarmament have made a fundamental contribution to international peace and security, and that unilateral and bilateral nuclear disarmament measures complement the treaty-based multilateral approach towards nuclear disarmament,

            Recalling the advisory opinion of the International Court of Justice, on the Legality of the Threat or Use of Nuclear Weapons, issued on 8 July 1996, Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, I.C.J. Reports 1996, p. 226. and its unanimous conclusion that "there exists an obligation to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control",

             Declaring that any presumption of the indefinite possession of nuclear weapons by the nuclear-weapon States is incompatible with the integrity and sustainability of the nuclear non-proliferation regime and with the broader goal of the maintenance of international peace and security,

            Declaring also that it is essential that the fundamental principles of transparency, verification and irreversibility should apply to all nuclear disarmament measures,

            Convinced that the further reduction of non-strategic nuclear weapons constitutes an integral part of the nuclear arms reduction and disarmament process,

            Declaring that each article of the Treaty on the Non-Proliferation of Nuclear Weapons is binding on the respective States parties at all times and in all circumstances and that it is imperative that all States parties be held fully accountable with respect to the strict compliance with their obligations under the Treaty, and that the undertakings therein on nuclear disarmament have been given and that implementation of them remains the imperative,

            Expressing its deep concern that, to date, there have been few advances in the implementation of the thirteen steps agreed to at the 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons,

            Stressing the importance of regular reporting in promoting confidence in the Treaty on the Non-Proliferation of Nuclear Weapons,

            Expressing its deep concern at the continued failure of the Conference on Disarmament to deal with nuclear disarmament and to resume negotiations on a non-discriminatory, multilateral and internationally and effectively verifiable treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices,

            Expressing grave concern that the Comprehensive Nuclear-Test-Ban Treaty has not yet entered into force,

            Expressing deep concern that the total number of nuclear weapons deployed and stockpiled still amounts to thousands, and at the continuing possibility that nuclear weapons could be used,

            Acknowledging that reductions in the numbers of deployed strategic nuclear warheads envisaged by the Treaty of Moscow represent a positive step in the process of nuclear de-escalation between the United States of America and the Russian Federation, while stressing that reductions in deployments and in operational status cannot substitute for irreversible cuts in, and the total elimination of, nuclear weapons,

            Noting that, despite these bilateral achievements, there is no sign of efforts involving all of the five nuclear-weapon States in the process leading to the total elimination of nuclear weapons,

            Expressing its deep concern about emerging approaches to the broader role of nuclear weapons as part of security strategies, including the development of new types, and rationalizations for the use, of nuclear weapons,

             Expressing concern that the development of strategic missile defence could impact negatively on nuclear disarmament and non-proliferation, and lead to a new arms race on earth and in outer space,

            Stressing that no steps should be taken which would lead to the weaponization of outer space,

            Expressing its deep concern at the continued retention of the nuclear-weapons option by those three States that have not yet acceded to the Treaty on the Non-Proliferation of Nuclear Weapons and operate unsafeguarded nuclear facilities, in particular given the effects of regional volatility on international security, and in this context, the continued regional tensions and deteriorating security situation in South Asia and the Middle East,

            Welcoming progress in the further development of nuclear-weapon-free zones in some regions and, in particular, the consolidation of that in the southern hemisphere and adjacent areas,

             Recalling the United Nations Millennium Declaration, Resolution 55/2. in which the Heads of State and Government resolved to strive for the elimination of weapons of mass destruction, in particular nuclear weapons, and to keep all options open for achieving this aim, including the possibility of convening an international conference to identify ways of eliminating nuclear dangers,

            Taking into consideration the unequivocal undertaking by the nuclear-weapon States, in the Final Document of the 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, to accomplish the total elimination of their nuclear arsenals leading to nuclear disarmament, to which all the States parties to the Treaty are committed under article VI of the Treaty,                 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, Final Document, vol. I (NPT/CONF.2000/28 (Parts I-II)), Part I, Article VI and eighth to twelfth preambular paragraphs, para. 6 under para. 15.

1.        Reaffirms that the growing possibility that nuclear weapons could be used represents a continued risk for humanity;

2.        Calls upon all States to refrain from any action that could lead to a new nuclear-arms race or that could impact negatively on nuclear disarmament and non-proliferation;

3.        Also calls upon all States to observe international treaties in the field of nuclear disarmament and non-proliferation and to duly fulfill all obligations flowing from those treaties;

4.        Further calls upon all States parties to pursue, with determination and with continued vigour, the full and effective implementation of the substantial agreements reached at the 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, the outcome of which provides the requisite blueprint to achieve nuclear disarmament;

5.        Calls upon the nuclear-weapon States to respect fully their existing commitments with regard to security assurances, pending the conclusion of multilaterally negotiated legally binding security assurances to all non-nuclear-weapon States parties, and agrees to prioritize this issue with a view to recommendations to the 2005 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons;.

 6.        Also calls upon the nuclear-weapon States to increase their transparency and accountability with regard to their nuclear weapons arsenals and their implementation of disarmament measures;

7.        Reaffirms the necessity for the Preparatory Committee for the 2005 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons to consider regular reports to be submitted by all States parties on the implementation of article VI as outlined in paragraph 15, subparagraph 12, of the 2000 Final Document, and on paragraph 4 (c) of the 1995 Decision;

8.        Calls upon nuclear-weapon States to implement the Treaty on the Non-Proliferation of Nuclear Weapons commitments to apply the principle of irreversibility by destroying their nuclear warheads in the context of strategic nuclear reductions and avoid keeping them in a state that lends itself to their possible redeployment;

9.        Agrees on the importance and urgency of signatures and ratifications to achieve the early entry into force of the Comprehensive Nuclear-Test-Ban Treaty;

10.        Calls for the upholding and maintenance of the moratorium on nuclear-weapon-test explosions or any other nuclear explosions pending the entry into force of the Comprehensive Nuclear-Test-Ban Treaty;

11.        Reaffirms that the entry into force of the Comprehensive Nuclear-Test- Ban Treaty is particularly urgent since the process of the installation of an international system to monitor nuclear-weapons tests under the Comprehensive Nuclear-Test-Ban Treaty is more advanced than the real prospects of entry into force of the Treaty, a situation which is not consistent with a universal and comprehensive test-ban treaty;

12.        Agrees that the further reduction of non-strategic nuclear weapons should be accorded priority and that nuclear-weapon States must live up to their commitments in this regard;

13.        Agrees also that reductions of non-strategic nuclear weapons should be carried out in a transparent and irreversible manner and that the reduction and elimination of non-strategic nuclear weapons should be included in the overall arms reductions negotiations. In this context, urgent action should be taken to achieve:

 (a)        Further reduction of non-strategic nuclear weapons, based on unilateral initiatives and as an integral part of the nuclear arms reduction and disarmament process; 

(b)        Further confidence-building and transparency measures to reduce the threats posed by non-strategic nuclear weapons;

 (c)        Concrete agreed measures to reduce further the operational status of nuclear-weapons systems, and to

 (d)        Formalize existing informal bilateral arrangements regarding non-strategic nuclear reductions, such as the Bush-Gorbachev declarations of 1991, into legally binding agreements;

14.        Calls upon nuclear-weapon States to undertake the necessary steps towards the seamless integration of all five nuclear-weapon States into a process leading to the total elimination of nuclear weapons;

15.        Agrees that the Conference on Disarmament should establish without delay an ad hoc committee to deal with nuclear disarmament;

16.        Agrees also that the Conference on Disarmament should resume negotiations on a non-discriminatory, multilateral and internationally and effectively verifiable treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices taking into consideration both nuclear disarmament and nuclear non-proliferation objectives;

17.        Agrees further that the Conference on Disarmament should complete the examination and updating of the mandate on the prevention of an arms race in outer space in all its aspects, as contained in its decision of 13 February 1992, CD/1125. and re-establish an ad hoc committee as early as possible;

18.        Calls upon those three States that are not yet parties to the Treaty on the Non-Proliferation of Nuclear Weapons and operate unsafeguarded nuclear facilities to accede to the Treaty as non-nuclear-weapon States, promptly and without condition, and to bring into force the required comprehensive safeguards agreements, together with additional protocols, consistent with the Model Protocol Additional to the Agreement(s) between State(s) and the International Atomic Energy Agency for the Application of Safeguards approved by the Board of Governors of the International Atomic Energy Agency on 15 May 1997, International Atomic Energy Agency, INFCIRC/540 (Corrected). for ensuring nuclear non-proliferation, and to reverse clearly and urgently any policies to pursue any nuclear weapons development or deployment and refrain from any action that could undermine regional and international peace and security and the efforts of the international community towards nuclear disarmament and the prevention of nuclear weapons proliferation;

19.        Calls upon those States that have not yet done so to conclude full-scope safeguards agreements with the International Atomic Energy Agency and to conclude additional protocols to their safeguards agreements on the basis of the Model Protocol;

20.        Reaffirms the conviction that the establishment of internationally recognized nuclear-weapon-free zones on the basis of arrangements freely arrived at among the States of the region concerned enhances global and regional peace and security, strengthens the nuclear non-proliferation regime and contributes towards realizing the objective of nuclear disarmament, and supports proposals for the establishment of nuclear-weapon-free zones where they do not yet exist, such as in the Middle East and South Asia;

 21.        Calls for the completion and implementation of the Trilateral Initiative between the International Atomic Energy Agency, the Russian Federation and the United States of America and for consideration to be given to the possible inclusion of other nuclear-weapon States;

22.        Calls upon all nuclear-weapon States to make arrangements for the placing, as soon as practicable, of their fissile material no longer required for military purposes under International Atomic Energy Agency or other relevant international verification and to make arrangements for the disposition of such material for peaceful purposes in order to ensure that such material remains permanently outside military programmes;

23.        Affirms that a nuclear-weapon-free world will ultimately require the underpinning of a universal and multilaterally negotiated legally binding instrument or a framework encompassing a mutually reinforcing set of instruments;

24.        Acknowledges the report of the Secretary-General on the implementation of resolution 55/33/C, A/56/309, and requests him, within existing resources, to prepare a report on the implementation of the present resolution;

25.        Decides to include in the provisional agenda of its fifty-eighth session the item entitled "Towards a nuclear-weapon-free world: the need for a new agenda", and to review the implementation of the present resolution at that session.

 

The International Court of Justice ruled in July 1996 that the use or the threat to use nuclear weapons was contrary to international humanitarian law

 

STATE ACTIVITY: (NATO States) have continued to participate as members of NATO –an organization having a first strike nuclear policy and has used (USA) its control over NATO to circumvent the United Nations,

 

LAWFUL ADVOCACY ACTIVITY: has opposed NATO in its first strike policy, and has called for the disbanding of NATO

 

 

(16) PURSUING NEGOTIATION ... TO END THE NUCLEAR ARMS RACE AND ACHIEVE DISARMAMENT

 

 INTERNATIONAL OBLIGATION:

commits all parties to pursue negotiations in good faith on measures to end the nuclear arms race and to achieve disarmament. (Article VI :Nuclear Non Proliferation Treaty)

 

STATE ACTIVITY: (NUCLEAR ARMS STATES) have ignored key provisions in the Nuclear Non proliferation treaty, and has failed, as nuclear arms powers, to reduce nuclear weapons as agreed under Article VI

 

Brazil, Egypt, Ireland, Mexico, New Zealand, South Africa and Sweden have promoted the important aforementioned resolution which was supported by International Peace Groups.

 

 

LAWFUL ADVOCACY ACTIVITY: has called for the discharging of key obligations under the Nuclear Non Proliferation treaty, and for a treaty calling for the abolition of nuclear weapons- Abolition 2000 treaty- to abolish nuclear weapons. Has opposed the clause in the treaty which advocates the peaceful use of civil nuclear energy, has noted the long standing link between civil nuclear energy and nuclear arms; has lobbied against the sale of uranium to nuclear arms states [because of the fungibility principle]; and against the proposal to use plutonium from dismantled nuclear weapons in the form of MOX in civil nuclear reactors.

 

 

(17) OPPOSING THE CIRCULATION OF NUCLEAR POWERED OR NUCLEAR ARMS CAPABLE VESSELS THROUGHOUT THE WORLD, AND THE BERTHING OF THESE VESSELS IN URBAN PORTS

 

INTERNATIONAL ABSENCE OF OBLIGATION OR OBLIGATION; COMMENT

There is no stated obligation or commitment related to this activity. However, this activity is in direct violation of the precautionary principle-- principle of international customary law:

 

Where there are threats of serious or irreversible damage, the lack of full scientific certainty shall not be used as a reason for postponing measures to prevent (Principle, Rio Declaration, UNCED)

 

STATE ACTIVITY: [US, BRITAIN, RUSSIAN] have continued to produce, circulate, and berth nuclear powered and nuclear arms capable vessels; and states such as CANADA, have condoned the producing, circulating and birthing of nuclear powered and nuclear arms capable vessels;

New Zealand has prohibited the circulating of nuclear powered and nuclear arms capable vessels in New Zealand the berthing of these vessels in New Zealand ports.

 

LAWFUL ADVOCACY ACTIVITY: has called for the prohibiting of the construction, circulation and berthing of nuclear powered nuclear arms capable vessel, and lobbied at international conferences to have this statement included in international instruments. Has filed a law suit under the EARP guidelines, against the activity of continued circulating and birthing of these vessels, and has protested against this activity.

 

 (18) PROHIBITING ANTI-PERSONAL LAND MINES

 

INTERNATIONAL COMMITMENT:

Undertake to work actively towards ratification, if they have not already done so, of the 1981 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects, particularly the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby Traps and Other Devices (Protocol II), with a view to universal ratification by the year 2000

 

-1997 Ottawa Treaty: anti-personnel mines

 

STATE ACTIVITY: (USA et al) Has ignored the decision of International Court of Justice related to land mines (Nicaragua vs US, 1987), has continued to produce and use Mines and has failed to sign and ratify the treaty

 

LAWFUL ADVOCACY ACTIVITY: Has called for the banning of the production and use of land mines and for the universal signing and ratifying of the Ottawa Treaty

 

COMMENT:

LAND MINE TREATY: US EXCEPTIONALISM, 1997

To justify the US's opposition to  the International Treaty to Ban Land Mines, the US spokesperson stated that the US has to balance a commitment to humanitarian concern with the obligation to maintain the power base of the US. The US's failure to act either on commitment or obligation whenever there are international agreements related to "eroding its military or corporate base" has contributed to the inability of international law to shape the political will. For years   international political will to change has been  undermined by the failure to act on commitments and  to discharge obligations. .

 

The US continually with deep conviction proclaims its obligation not to international agreements for guaranteeing human rights, protecting and preserving the environment, and preventing war and conflict. but to maintaining its military and corporate power.

 

Canada usually supports the US in the  weakening of  conference action plans and General Assembly resolutions in the area of US vested interest in maintaining military and corporate power.. For example, Canada supported the US when the question of eliminating the production of nuclear arms arose in the UN conference on Women and  in the Habitat II Conference In addition Canada abstained when  the General Assembly voted on supporting and promoting the decision by the international court of Justice that the use or threat to use nuclear weapons was contrary to humanitarian law.

 

Hopefully the willingness of Canada to stand up to the United States in the Land Mine treaty will hail a new independent  political policy in  Canada. Hopefully Canada will maintain this independent policy  in other areas by canceling the Nanoose Agreement on the grounds that it is contravention of recent international commitments and obligations, and the rule of law reflected in the International Court of Justice decision. Hopefully  Canada will also prevent all further berthing of US nuclear powered vessels in Canadian harbours.

 

Hopefully citizens will see an independent political stance taken by Canada in the area of trade agreements where it will abrogate NAFTA and discontinue all further negotiations on the Multinational Agreement on Investments. (MAI).

 

(19) PROHIBITING OF "NEW WEAPONS"

 

INTERNATIONAL OBLIGATION

4. PRINCIPLE: PROVISIONS RELATED TO "NEW WEAPONS"

In the study, development, acquisition or adoption of a new weapon, or method of warfare, a high contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party (Art 36 Protocol to the Geneva Convention)

 

Prohibitory rules

- dum-dum bullets (First Hague Peace conf)

-asphyxiating/poisonous /other gases (Geneva Protocol (1925)

-1972 Convention on biological &toxin weapons

-1993 Convention on chemical weapons

-1997 Ottawa Treaty: anti-personnel mines

-1980 Convention on conventional weapons with "excessively injurious indiscriminate effect

- protocol 1: non-detectable fragments (ban)

- prohibited mines, booby- traps (ban on use of mines designed to cause superfluous injury/ unnecessary suffering prohibited: regulating use of other devices

- protocol III incendiary weapons

- protocol IV blinding laser weapons

 

Prohibiting or restricting use of certain conventional weapons which may be deemed to be excessively injurious or to have indiscriminate effects

 Recalling with satisfaction the adoption, on 10 October 1980, of the

Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects, together with the Protocol on Non-Detectable Fragments (Protocol I), the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby Traps and Other Devices (Protocol II) and the Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons (Protocol III) (United Nations Resolution, 38/71, 1993)

 

STATE ACTIVITY: (USA et al) has disregarded the Geneva Protocol, and has used weapons such as depleted uranium which would contravene the Protocol

 

LAWFUL ADVOCACY ACTIVITY: has condemned the use of prohibited weapons including depleted uranium at least as early as 1991 in Iraq. Have Called for discharging obligations under the protocol,

 

(20) PROHIBITING THE USE OF CERTAIN CONVENTIONAL WEAPONS

 

INTERNATIONAL OBLIGATION:

 

(i) Undertake to work actively towards ratification, if they have not already done so, of the 1981 Convention on Prohibitions or

Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects,

particularly the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby Traps and Other Devices (Protocol II), with a view to

universal ratification by the year 2000;

 

STATE ACTIVITY: (USA et Al) has disregarded the Geneva Protocol, and used weapons such as depleted uranium which would contravene the Protocol

 

LAWFUL ADVOCACY ACTIVITY: has called for discharging obligation under this convention, has provided information about the use of Depleted uranium for the case at the International Court of Justice, and at the NATO press conference in Brussels36 provocation defined

 

34 1

causing death or bodily harm

34 unprovoked assault

self defence against unprovoked assault/extent of justification

 

PROVOCATION

34 1 every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses in not intended to cause death or grievous boil harm and is not Korea than is necessary to enable him to defend himself.

 

2. every one who is unlawfully assaulted and who causes death or grievous bodily harm is repelling the assault is justified 

 

•Peace; protection of cultural property

 

(21) EXERCISING DUTY TO PROTECT CULTURAL Property

 

INTERNATIONAL OBLIGATION:

Preserving natural heritage for future generations

ï         Considering that parts of the cultural or natural heritage are of outstanding interest and therefore need to be preserved as part of the world heritage of mankind [humankind] as a whole (Convention for the Protection of the World cultural and Natural Heritage, preamble, 1972).

ï         Considering that in view of the magnitude and gravity of the new dangers threatening them, it is incumbent on the international community as a whole to participate in the protection of the cultural and natural heritage of outstanding universal value.. (Preamble, Convention for the Protection of the World cultural and Natural Heritage, 1972)

 

Undertaking not to damage directly or indirectly any world heritage site

Each State Party to this Convention undertakes not to take any deliberate measures which might damage directly or indirectly the natural heritage ...situated on the territory of other States Parties to this Convention. (Art. VI.3 Convention of the Protection of Cultural and Natural Heritage of 1972, in force 1975)

 

STATE ACTIVITY: (USA-led coalition) as invader and occupier has disregarded the convention

 

LAWFUL ADVOCACY ACTIVITY: has condemned the failure to protect cultural property and has called for adherence to convention

 

(22) PROHIBITING AND PREVENTING ILLICIT IMPORT, EXPORT AND TRANSFER OF OWNERSHIP OF CULTURAL PROPERTY

 

INTERNATIONAL COMMITMENT:

Recalling also the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, adopted on 14 November 1970 by the General Conference of the United Nations Educational, Scientific and Cultural Organization, General Assembly Resolution, (Return or restitution of cultural property to the countries of origin, 1983)

 

STATE ACTIVITY: (USA-led coalition) has ignored the commitment to prevent illicit import...during an invasion and occupation

 

ADVOCACY ACTIVITY: has condemned the failure to act on the commitment to prevent illicit import...

 

(23) RESTITUTING OF CULTURAL PROPERTY TO COUNTRIES OF ORIGIN INTERNATIONAL COMMITMENT;

 

INTERNATIONAL OBLIGATION:

 

Being aware of the importance attached by the countries of origin to cultural property

Aware of the importance attached by the countries of origin to the return

of cultural property which is of fundamental spiritual and cultural value to

them, so that they may constitute collections representative of their cultural heritage (General Assembly Resolution, Return or Restitution of Cultural Property to the Countries of Origin, 1983)

 

Ensuring restitution of cultural property in case of illicit appropriation to a country of its cultural property to country of origin

 

Preparing of inventories of movable cultural property

Organization and the Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in Case of Illicit Appropriation on the work they have accomplished, in particular through the promotion of bilateral negotiations, for the return or restitution

of cultural property, the preparation of inventories of movable cultural

property, the development of infrastructures for the protection of movable cultural property, the reduction of illicit traffic in cultural property and the dissemination of information to the public (General Assembly Resolution, Return or Restitution of Cultural Property to the Countries of Origin, 1983)

 

Ensuring Restitution to a country of its objets d'art...

Reaffirms that the restitution to a country of its objets d'art monuments, museum pieces, archives, manuscripts, documents and any other cultural or artistic treasures contributes to the strengthening of international co-operation and to the preservation and flowering of universal cultural values through fruitful co-operation between developed and developing countries (General Assembly Resolution, Return or Restitution of Cultural Property to the Countries of Origin, 1983)

 

STATE ACTIVITY: (USA-led Coalition) has failed to fully discharge the obligation of restitution

 

LAWFUL ADVOCACY ACTIVITY; has condemned the failure of states to provide full restitution, and has called for the compliance with the obligations under the convention

 

• Peace and human rights

 

 

(24) PROTECTING VICTIMS OF ARMED CONFLICT

 

INTERNATIONAL OBLIGATION;

Protocol Additional to the Geneva Conventions of 1949 and relating to the Protection of Victims of International Armed Conflict (Protocol 1) 1977 by the Diplomatic conference on the Reaffirmation and Development of International Humanitarian Law applicable in Armed Conflicts

 

Preamble

the High contracting parties

proclaiming their earnest wish to see peace prevail among peoples.

recalling that every state has the duty, in conformity with the Charter of the United Nations, to refrain in its international relations from the threat or use of force against the sovereignty, territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the Unite Nations,

 

Believing it necessary nevertheless to reaffirm and develop the provisions protecting the victims of armed conflicts and to supplement measures intend to reinforce their application expressing their conviction that nothing in this protocol or in the Geneva conventions of 12 august 1949 can be construed as legitimizing or authorizing any act of aggression or any other use of force inconsistent with the Charter of the United Nations

 

Convention second convention, third convention and fourth convention mean, respectively, the Geneva Convention for the Amelioration of the Condition of the Wounded and sick in armed Forces in the field of 12 august 1949; the Geneva convention for the amelioration of the condition of wounded, sick and shipwrecked members of armed forces at sea of 12 august 1949; the Geneva Convention relative to the treatment of Prisoners of War of 12 august 1949; the Geneva Convention relative to the Protection of Civilian in time of War of 12 august 1949; the conventions means the four Geneva Conventions of 12 august 1949; for the Protection of war victims. Part III Methods and means of Warfare Combatant and prisoner of war status

 

STATE ACTIVITY: (USA et Al) have continued to unevenly comply with the obligations under the Geneva Conventions and have, to avoid compliance, reclassified prisoners as non combatants

 

LAWFUL ADVOCACY ACTIVITY: have condemned the failure to fully comply with the Geneva Conventions

 

(25) PROHIBITING ATTACKING WORKS OR INSTALLATIONS THAT COULD RELEASE DANGEROUS SUBSTANCES AND ACTIVITIES THAT COULD IMPACT ON CIVILIANS

 

INTERNATIONAL OBLIGATION:

Undertaking to not make works or installations releasing dangerous forces [substances and activities] that could impact on civilians

Works or installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations, shall not be made the object of attack, even where these objects are military objectives, if such attack may cause the release of dangerous forces and consequent severe losses among the civilian population. Other military objectives located at or in the vicinity of these works or installations shall not be made the object of attack if such attack may cause the release of dangerous forces from the works or installations and consequent sever losses among the civilian population. (Art. LVI.1 Bern [Geneva] Protocol II of 1977 on the Protection of Victims of Non-international Armed Conflicts in Force 1978)

 

STATE ACTIVITY: (USA et Al) has violated Geneva conventions on the treatment of civilians, and has violated both international human rights and humanitarian law during the invasions and occupations of Kosovo, Iraq and Afghanistan, as well as other invasions and occupations (Annex iii)

 

LAWFUL ADVOCACY ACTIVITY: condemning the violation of the Geneva conventions, and has documented destruction of these sites

 

(26) PROTECTING VICTIMS OF INTERNATIONAL ARMED CONFLICTS

 

INTERNATIONAL OBLIGATIONS:        

Protected persons are entitled, in all circumstances, to respect

for their persons, their honour, their family rights, their religious

convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity.

•           Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault.

•           Without prejudice to the provisions relating to their state of health, age and sex, all protected persons shall be treated with the same consideration by the Party to the conflict in whose power they are, without any adverse distinction based, in particular, on race, religion or political opinion (Art. 27 Convention Relative to the Protection of Civilian Persons in Time of War, 1949)

 

STATE ACTIVITY: (US et AL) has failed to adequately discharge obligations under this convention.

 

LAWFUL ADVOCACY ACTIVITY: has reported incidents of abuse of this convention

 

(27)PROHIBITING THE STARVATION OF CIVILIANS THROUGH ATTACKING OBJECTS INDISPENSABLE TO THE SURVIVAL OF CIVILIAN POPULATION

 

INTERNATIONAL OBLIGATION;

Starvation of civilians as a method of combat is prohibited. It is therefore prohibited to attack, destroy, remove or render useless, for that purpose, objects indispensable to the survival of the civilian population, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works. (Art. XIV Bern [Geneva] Protocol II of 1977 on the Protection of Victims of Non-international Armed Conflicts in force 1978)

 

STATE ACTIVITY: (USA et Al) have often even with so-called smart bombs destroyed key locations indispensable to the survival of the Civilian population., or have reclassified sites as being legitimate military targets.

 

LAWFUL ADVOCACY ACTIVITY: has condemned the destruction of objects indispensable to the survival of the Civilian population.

 

 

(28) COMPLYING WITH THE CONVENTION AGAINST TORTURE THROUGH CRUEL, INHUMANE OR DEGRADING TREATMENT OR PUNISHMENT

2. NO EXCEPTIONAL CIRCUMSTANCES WHATSOEVER, WHETHER A STATE OF WAR OR A THREAT OF WAR, INTERNAL POLITICAL IN STABILITY OR ANY OTHER PUBLIC EMERGENCY, MAY BE INVOKED AS A JUSTIFICATION OF TORTURE.

 

INTERNATIONAL OBLIGATION:

Adopted and opened for signature, ratification and accession by General Assembly resolution 39/46 of 10 December 1984

entry into force 26 June 1987,

 

The States Parties to this Convention,

 

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

 

Recognizing that those rights derive from the inherent dignity of the human person,

 

Considering the obligation of States under the Charter, in particular Article 55, to promote universal respect for, and observance of, human rights and fundamental freedoms,

 

Having regard to article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights, both of which provide that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment,

 

Having regard also to the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly on 9 December 1975,

 

Desiring to make more effective the struggle against torture and other cruel, inhuman or degrading treatment or punishment throughout the world,

Have agreed as follows:

1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. (PART I , Article 1

 

2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.

Article 2

 

1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.

 

2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political in stability or any other public emergency, may be invoked as a justification of torture.

 

STATE ACTIVITY: (USA) has attempted to use "public emergency" to justify torture

 

LAWFUL ADVOCACY ACTIVITY: has condemned the use of public emergency to justify torture, and has brought states and leaders to various courts for violating the Conventional Against Torture (Case launched by the Lawyers Against the War, September 2005). Lawyers specializing in international law have argued the following:

 

The US engaged in counseling, aiding, abetting in torture at ABU GHRAIB and GUANTANAMO in contravention of the Convention against Torture George W. Bush is guilty of grave crimes against humanity and war crimes for which President Bush stands properly accused by the world, starting with the Nuremberg Tribunals "supreme international crime" of waging an aggressive war against Iraq in defiance of international law and the Charter of the United Nations, and including systematic and massive violations of the Geneva Conventions Relative to the Treatment of Prisoners of War and Relative to the Protection of Civilian Persons in Time of War, as well as the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

 

 

(29) COMPLYING WITH THE CONVENTION AGAINST TORTURE THROUGH CRUEL, INHUMANE OR DEGRADING TREATMENT OR PUNISHMENT: CONDEMNING THE PRACTICE OF RENDITION

 

INTERNATIONAL OBLIGATION:

 

Article 3 General comment on its implementation

 

1. No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.

 

2. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.

 

STATE ACTIVITY: (USA) to obtain information citizens have been sent to states where they are in danger of torture; this activity has been classified as "rendering" and has been carried out in contravention to the Convention on Torture.

 

LAWFUL ADVOCACY ACTIVITY: has condemned the insidious activity of "rendering" and has supported investigations into this activity

 

 

(30)COMPLYING WITH THE CONVENTION AGAINST TORTURE THROUGH CRUEL, INHUMANE OR DEGRADING TREATMENT OR PUNISHMENT: CONDEMNING COMPLICITY IN TORTURE

 

INTERNATIONAL OBLIGATIONS:

Article 4

 

1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture.

 

2. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.

 

STATE ACTIVITY: (CANADA) Sharing of information with caveats down to USA which  engaged in rendering; and counseling other parties to engage in torture, through being a party to the offence of torture, and through counseling another person to be a party to the offence of torture in Guantanamo Bay prison, and in Abu Ghraib prison; and through rendering

 

LAWFUL ADVOCACY: ACTIVITY: has condemned the state complicity in torture and degrading treatment; and has supported investigations into the treatment of prisoners.

 

(31)COMPLYING WITH THE CONVENTION AGAINST TORTURE THROUGH CRUEL, INHUMANE OR DEGRADING TREATMENT OR PUNISHMENT: ENSURING THE RIGHT TO COMPLAIN AND ADEQUATE COMPENSATION

 

INTERNATIONAL OBLIGATION:

Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.

 

Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation. (Convention Against Torture)

 

STATE ACTIVITY:

LAWFUL ADVOCACY ACTIVITY:

 

(32) COMPLYING WITH THE CONVENTION AGAINST TORTURE THROUGH CRUEL, INHUMANE OR DEGRADING TREATMENT OR PUNISHMENT: PREVENTING OTHER ACTS OF CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT WHICH DO NOT AMOUNT TO TORTURE

 

INTERNATIONAL OBLIGATION:

 

1. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article I, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment.

 

2. The provisions of this Convention are without prejudice to the provisions of any other international instrument or national law which prohibits cruel, inhuman or degrading treatment or punishment or which relates to extradition or expulsion. (Article 16, Convention Against Torture)

 

STATE ACTIVITY

 

LAWFUL ADVOCACY ACTIVITY

 

(33) COMPLYING WITH THE CONVENTION AGAINST TORTURE THROUGH CRUEL, INHUMANE OR DEGRADING TREATMENT OR PUNISHMENT: ENSURING HUMANE TREATMENT

 

INTERNATIONAL OBLIGATIONS

 

PART II

HUMANE TREATMENT

ARTICLE Humane treatments

article 4 - fundamental guarantees

1. All persons who do not take a direct part who have ceased to take part in hostilities, whether or not their liberty has been restricted, are entitled to respect for their person, honour and convictions and religious practices. They shall in all circumstances be treated humanely, without any adverse distinction. It is prohibited to order that there shall be no survivors.

 

2. 2 Without prejudice to the generality of the forgoing, the following acts against the persons referred to in Paragraph 1 are and shall remain prohibited at any time and in any place whatsoever;

 

(a) violence to the life, health and physical or mental well-being of persons in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment;

(b) collect punishments;

(c) Taking of hostages;

(d) Acts of terrorism

(e) outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault

(f) Slavery and the slave trade in all their forms'

(g) pillage

(h) threats to commit any of the foregoing acts.

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY

 

(34) CONDEMNING THE ENGAGING IN CRUEL AND INHUMANE PUNISHMENT THROUGH THE PRACTICE OF CAPITAL PUNISHMENT, IN VIOLATION OF ACCEPTED INTERNATIONAL NORMS

 

INTERNATIONAL: States that have prohibited capital punishment understand that it is obviously a cruel and inhumane practice;

 

1

Second Optional Protocol to the International Covenant on Civil and Political

Rights, aiming at the abolition of the death penalty

Adopted and proclaimed by General Assembly resolution 44/128 of 15

December 1989

The States Parties to the present Protocol,

Believing that abolition of the death penalty contributes to enhancement of human dignity and

progressive development of human rights,

Recalling article 3 of the Universal Declaration of Human Rights, adopted on 10 December

1948, and article 6 of the International Covenant on Civil and Political Rights, adopted on 16

December 1966,

Noting that article 6 of the International Covenant on Civil and Political Rights refers to

abolition of the death penalty in terms that strongly suggest that abolition is desirable,

Convinced that all measures of abolition of the death penalty should be considered as progress

in the enjoyment of the right to life,

Desirous to undertake hereby an international commitment to abolish the death penalty,

Have agreed as follows:

Article 1

1. No one within the jurisdiction of a State Party to the present Protocol shall be executed.

2. Each State Party shall take all necessary measures to abolish the death penalty within its

jurisdiction.

Article 2

1. No reservation is admissible to the present Protocol, except for a reservation made at the

time of ratification or accession that provides for the application of the death penalty in time of

war pursuant to a conviction for a most serious crime of a military nature committed during

wartime.

2. The State Party making such a reservation shall at the time of ratification or accession

communicate to the Secretary-General of the United Nations the relevant provisions of its

national legislation applicable during wartime.

3. The State Party having made such a reservation shall notify the Secretary-General of the

United Nations of any beginning or ending of a state of war applicable to its territory.

Article 3

The States Parties to the present Protocol shall include in the reports they submit to the

Human Rights Committee, in accordance with article 40 of the Covenant, information on the

measures that they have adopted to give effect to the present Protocol.

Article 4

2

With respect to the States Parties to the Covenant that have made a declaration under article

41, the competence of the Human Rights Committee to receive and consider communications

when a State Party claims that another State Party is not fulfilling its obligations shall extend

to the provisions of the present Protocol, unless the State Party concerned has made a

statement to the contrary at the moment of ratification or accession.

Article 5

With respect to the States Parties to the first Optional Protocol to the International Covenant

on Civil and Political Rights adopted on 16 December 1966, the competence of the Human

Rights Committee to receive and consider communications from individuals subject to its

jurisdiction shall extend to the provisions of the present Protocol, unless the State Party

concerned has made a statement to the contrary at the moment of ratification or accession.

Article 6

1. The provisions of the present Protocol shall apply as additional provisions to the Covenant.

2. Without prejudice to the possibility of a reservation under article 2 of the present Protocol,

the right guaranteed in article 1, paragraph 1, of the present Protocol shall not be subject to

any derogation under article 4 of the Covenant.

Article 7

1. The present Protocol is open for signature by any State that has signed the Covenant.

2. The present Protocol is subject to ratification by any State that has ratified the Covenant or

acceded to it. Instruments of ratification shall be deposited with the Secretary-General of the

United Nations.

3. The present Protocol shall be open to accession by any State that has ratified the Covenant

or acceded to it.

4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-

General of the United Nations.

5. The Secretary-General of the United Nations shall inform all States that have signed the

present Protocol or acceded to it of the deposit of each instrument of ratification or accession.

Article 8

1. The present Protocol shall enter into force three months after the date of the deposit with

the Secretary-General of the United Nations of the tenth instrument of ratification or

accession.

2. For each State ratifying the present Protocol or acceding to it after the deposit of the tenth

instrument of ratification or accession, the present Protocol shall enter into force three months

after the date of the deposit of its own instrument of ratification or accession.

Article 9

The provisions of the present Protocol shall extend to all parts of federal States without any

limitations or exceptions.

Article 10

The Secretary-General of the United Nations shall inform all States referred to in article 48,

paragraph 1, of the Covenant of the following particulars:

3

(a) Reservations, communications and notifications under article 2 of the present Protocol;

(b) Statements made under articles 4 or 5 of the present Protocol;

(c) Signatures, ratifications and accessions under article 7 of the present Protocol:

(d) The date of the entry into force of the present Protocol under article 8 thereof.

Article 11

1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish

texts are equally authentic, shall be deposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of the present

Protocol to all States referred to in article 48 of the Covenant.

 

 

STATE ACTIVITY: (USA et Al) have continued to rationalize the practice of capital punishment

 

 

LAWFUL ADVOCACY ACTIVITY: have condemned, and lobbied against capital punishment

 

Peace - restitution

 

(35) PROVIDING RESTITUTION AND FULL COMPENSATION

 

INTERNATIONAL COMMITMENT:

 

Affirming the right to restitution and giving full restitution and compensation

The right of all States, territories and peoples under foreign occupation, alien and colonial domination or apartheid to restitution and full compensation for the exploitation and depletion of, and damages to, the natural resources and all other resources of those States, territories and peoples (4 f, Declaration of a New International Economic Order, 1974)

 

STATE ACTIVITY: (USA-led Coalition) have ignored the commitment, and instead have permitted their corporations to benefit from war and occupation

 

LAWFUL ADVOCACY ACTIVITY: has called for full restitution and compensation, and has opposed the practice of allowing corporations to benefit from a war

 

Peace - environment

 

 

(36) ACKNOWLEDGING THE INTERDEPENDENCE AMONG PEACE, DEVELOPMENT AND ENVIRONMENTAL PROTECTION

 

INTERNATIONAL COMMITMENT

Peace, development and environmental protection are interdependent and indivisible. (Principle 25, Rio Declaration, UNCED, 1992)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

(37) ACKNOWLEDGING THAT WARFARE IS INHERENTLY DESTRUCTIVE OF SUSTAINABLE DEVELOPMENT, AND THAT STATES SHALL RESOLVE ENVIRONMENTAL DISPUTES PEACEFULLY

 

INTERNATIONAL COMMITMENT

          Warfare is inherently destructive of sustainable development. States shall therefore respect international law providing protection for the environment in times of armed conflict and cooperate in its further development, as necessary. (Principle 24, Rio Declaration, UNCED, 1992)

 

          States shall resolve all their environmental disputes peacefully and by appropriate means in accordance with the Charter of the United Nations. (Principle 26, Rio Declaration, UNCED, 1992)

 

STATE ACTIVITY: (USA) Sent a memo around at UNCED instructing the negotiators to not agree to any reference to the military; this memo included several other edicts like to not agree to the precautionary principle.

 

LAWFUL ADVOCACY ACTIVITY: it was intercepted and rewritten as the ten commandments

 

 

(38) PREVENTING DISCHARGE OF RADIOACTIVE OR TOXIC WASTES INTO NATURAL SYSTEMS

 

INTERNATIONAL COMMITMENT:

Taking precautions to prevent discharge of radioactive or toxic wastes into natural systems Special precautions shall be taken to prevent discharge [into natural systems] of radioactive or toxic wastes. (Art. 12 b UN Resolution, 37/7, World Charter of Nature, 1982)

 

STATE ACTIVITY: DISREGARD OF COMMITMENT [only one state the US did not adopt the World Charter of Nature]

 

LAWFUL ADVOCACY R ACTIVITY has called  for acting on commitment including banning the use of weapons systems that use depleted uranium

 

(39) PROTECTING ENVIRONMENT AND NATURAL RESOURCES OF PEOPLE…UNDER OCCUPATION

 

INTERNATIONAL COMMITMENT:                                                

The environment and natural resources of people under oppression, domination and occupation shall be protected. (Principle 23, Rio Declaration, UNCED, 1992)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY

 

(40a) PREVENTING THE MODIFICATION OF THE ENVIRONMENT FOR MILITARY PURPOSES

 

INTERNATIONAL OBLIGATION

Undertaking to not engage in military or any other hostile use of environmental modification techniques

Environmental Modification Convention of 1977 (in force 1978)

Each State Party to this Convention undertakes not to engage in military or any other hostile use of environmental modification techniques having widespread, long-lasting or severe effects as the means of destruction damage or injury to any other State Party (Art. 1.1. Environmental Modification Convention of 1977, in force 1978)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY

 

(40b) RECOGNIZING THAT WARFARE IS DESTRUCTIVE OF SUSTAINABLE DEVELOPMENT

 

INTERNATIONAL COMMITMENT

 

"Warfare is inherently destructive of sustainable development" (Rio Declarations. Principle 24, UNCED, 1992)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY

 

(41) PREVENTING THE THREAT TO THE ENVIRONMENT FROM WEAPON SYSTEMS

 

INTERNATIONAL OBLIGATION: AND COMMITMENT

 

Protocol Additional to the Geneva Conventions of 1949 and relating to the Protection of Victims of International armed Conflict (Protocol 1) 1977 by the Diplomatic conference on the Reaffirmation and Development of International Humanitarian Law applicable in Armed Conflicts

 

1 In any armed conflict, the right of the Parties to the conflict to choose methods or means of warfare is not unlimited.

2. It is prohibited to employ weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering

3 It is prohibited to employ methods or means of warfare which are intended, or may be expected to cause widespread, long-term and severe damage to the natural environment

(Section 1, Article 35 Basic rules: Methods and means of warfare Protocol Additional to the Geneva Conventions of 1949 and relating to the Protection of Victims of International armed Conflict (Protocol 1) 1977 by the Diplomatic conference on the Reaffirmation and Development of International Humanitarian Law applicable in Armed Conflicts

 

Article 54 protection of objects indispensable to the survival of the civilian population

 

article 56 5. protection of the natural environment

 1. care shall be taken in warfare or protect the natural environment against widespread, long-term and severe damage. This protection includes a prohibition of the use of methods or means of warfare which are indeed or may be expected to cause such damage to the natural environment and thereby to prejudice the health or survival of the population

 

2. attacks against that the natural environment by way of reprisals are prohibited.

article 56 protection of works and installations containing dangerous forces Protocol Additional to the Geneva Conventions of 1949 and relating to the Protection of Victims of International armed Conflict (Protocol 1) 1977 by the Diplomatic conference on the Reaffirmation and Development of International Humanitarian Law applicable in Armed Conflicts

 

1. works or installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations shall not be made the object of attack, even where these objects are military objectives, if such attack may cause the release of dangerous forces and consequent severe losses the works or installations shall not be made the object of attack if such attack may cause the release of dangerous forces from the works or installations and consequent severe losses among the civilian population article 86 Protocol Additional to the Geneva Conventions of 1949 and relating to the Protection of Victims of International armed Conflict (Protocol 1) 1977 by the Diplomatic conference on the Reaffirmation and Development of International Humanitarian Law applicable in Armed Conflicts

 

Securing nature against degradation caused by warfare or other hostile activities Nature shall be secured against degradation caused by warfare or other hostile activities (Art. 5 UN Resolution, 37/7, World Charter of Nature, 1982)

 

Avoiding military activities damaging to nature

Military activities damaging to nature shall be avoided (Art. 22, UN Resolution, 37/7, World Charter of Nature, 1982)

 

STATE ACTIVITY: has often disregarded obligations and commitments

 

LAWFUL ADVOCACY ACTIVITY: has called for discharging obligation and acting on commitment and in 1992, in preparation for UNCED, the Women's caucus proposed the following:

 

Preventing, eliminating and condemning the environmental impact of military activity

 

Realizing the disastrous environmental impact of all military activity, including research, development, production of weaponry, testing, maneuvers, presence of military bases, disposal of toxic materials, transport, and resources use (Women’s Action Agenda, 1982)

 

Peace and Social justice

 

(42) CONDEMNING TECHNIQUES OF INTIMIDATION AND CHEQUE BOOK DIPLOMACY

 

INTERNATIONAL NON-EXISTENT OBLIGATIONS AND COMMITMENTS: COMMENT

Intimidation and bribery are against the law in most national statutes but appear to be condoned in the international sphere.

 

STATE ACTIVITY: Has attempted, by intimidating or offering economic incentives in exchange for support for military intervention, to undermine the international resolve to prevent the scourge of war (the US et AL) continually cajoles, intimidates, and bribes other members of the United Nations)

 

LAWFUL ADVOCACY ACTIVITY: has raised at the United Nations press conferences, and at other sessions at the UNthe issue of the US intimidating and “offering financial incentives” to members of the UN Security Council.

 

(43) EVOKING THE UNITING FOR PEACE RESOLUTION

 

INTERNATIONAL COMMITMENT

 

Resolves that if the Security Council, because of lack of unanimity of the permanent members, fails to exercise its primary responsibility for the maintenance of international peace and security in any case where there appears to be a threat to the peace, breach of the peace, or act of aggression, the General Assembly shall consider the matter immediately with a view to making appropriate recommendations to Members for collective measures, including in the case of a breach of the peace or act of aggression the use of armed force when necessary, to maintain or restore international peace and security. If not in session at the time, the General Assembly may meet in emergency special session within twenty-four hours of the request therefor. Such emergency special session shall be called if requested by the Security Council on the vote of any seven members, or by a majority of the Members of the United Nations; (1951, Uniting for peace resolution)

 

STATE ACTIVITY: (USA) Sent intimidating letters to members of the United Nations General Assembly opposing the holding an emergency session of the UN General Assembly under the Uniting for Peace resolution.

 

LAWFUL ADVOCACY ACTIVITY: has circulated a global petition calling for an emergency session of the UN General Assembly to invoke the Uniting for Peace resolution. Organized a rally in front of the United Nations {citizens with placards could not stop momentarily in front of the USA Mission]

 

(44) PROHIBITING PROPAGANDA FOR WAR

 

INTERNATIONAL OBLIGATION:

1. Any propaganda for war shall be prohibited by law. (Article 20, International Covenant of Civil and Political Rights)

 

STATE ACTIVITY: (US) has declared that various states are on the axis of evil, or has proclaimed that you are either with us or with the terrorists.

 

LAWFUL ADVOCACY ACTIVITY has opposed all propaganda for war and has called for the delegitimization of war

 

(45) PROVIDING A RIGHT TO CORRECTION

 

INTERNATIONAL OBLIGATION

",,, to protect mankind [humanity] from the scourge of war, to prevent the recurrence of aggression from any source, and to combat all propaganda which is ether designed or likely to provoke or encourage any threat to peace, breach of the peace, or act of aggression; Convention on the Right to Correction

 

STATE ACTIVITY: (US and GREAT BRITAIN) Precipitously and falsely declared that a another state had weapons of mass destruction and interfered with the exercise of the international atomic energy agency in carrying our its inspection and that the unilateral or

 

LAWFUL ADVOCACY ACTIVITY: has raised the issue along with the majority of members of the UN General Assembly, that the IAEA should be permitted to complete its investigation into the existence of Nuclear weapons in Iraq. Has also proposed that the IAEA should carry out inspections of nuclear weapons in all nuclear weapons states, including the permanent members of the UN Security Council.

 

(46) REALLOCATING THE MILITARY BUDGET FOR GLOBAL SOCIAL JUSTICE

 

INTERNATIONAL COMMITMENTS:

 

In 1976 at Habitat 1, member states of the United Nations affirmed the following in relation to the military budget:

 

"The waste and misuse of resources in war and armaments should be prevented. All countries should make a firm commitment to promote general and complete disarmament under strict and effective international control, in particular in the field of nuclear disarmament. Part of the resources thus released should be utilized so as to achieve a better quality of life for humanity and particularly the peoples of developing countries" (II, 12 Habitat 1).

 

In 1981, in the General Assembly resolution entitled Resolution on the reduction of the military budget, the member states

(i) reaffirmed "the urgent need to reduce the military budget, and agreed to freeze and reduce the military budget";

(ii) recognised that "the military budget constitutes a heavy burden for the economies of all nations, and has extremely harmful consequences on international peace and security";

(iii) reiterated the appeal "to all States, in particular the most heavily armed States, pending the conclusion of agreements on the reduction of military expenditures, to exercise self-restraint in their military expenditures with a view to reallocating the funds thus saved to economic and social development, particularly for the benefit of developing countries" (Resolution on the Reduction of Military budgets, 1981).

 

These appeals were further reinforced in a 1983 General Assembly Resolution on the Relationship between Disarmament and Development, that curbing the arms build-up would make it possible to release additional resources for use in economic and social development, particularly for the benefit of the developing countries." Also in the 1983 resolution, member states considered that "the magnitude of military expenditures is now such that their various implications can no longer be ignored in the efforts pursued in the international community to secure the recovery of the world economy and the establishment of a new international economic order."

 

Also in 1992, all member states recognized that "Warfare is inherently destructive of sustainable development" (Rio Declarations. Principle 24, UNCED, 1992), and in Chapter 33, of Agenda 21, member states of the Untied Nations made a commitment to the "the reallocation of resources presently committed to military purposes" (33.18e)

 

In 1994, in adopting the statement from the International Conference on Population and Development, the member states of the United Nations concurred that the attainment of “quantitative and qualitative goals of the present Programme of Action clearly require additional resources, some of which could become available from a reordering of priorities at the individual, national and international levels. However, none of the actions required—nor all of them combined— is expensive in the context of either current global development or military expenditures." (Article 1.19)

 

In 1995, similarly, states in adopting the statement from the Social Development Summit endorsed the calling for “the reallocation of military spending to ensure a greater pocket of resources to expand public services. Again, in 1995, member states of the United Nations reconfirmed these commitments by adopting the Platform of Action at the UN conference on Women, Equality, Development and Peace. In the Platform of Action, States have made a commitment to maintain “peace and security at the global, regional and local levels, together with the prevention of policies of aggression ... and the resolution of armed conflict” (Art. 14) and to reduce "...military expenditures" (Art. 15), states have also made a commitment to the “prevention and resolution of conflicts” (Art.15) and to “increase and hasten, ... the conversion of military resources and related industries to development and peaceful purposes" (145a).

 

In the Habitat II Agenda, what was originally proposed as Article 140 m: "use a reduction of national military budgets to fund local programs for human settlements" was left out in the final Habitat II Agenda in the sections related to Domestic financial resources and economic instruments.

 

In the 1984 General Assembly Resolution entitled the Right of Peoples to Peace, there were "Appeals to all States and international organizations to do their utmost to assist in implementing the right of peoples to peace through the adoption of ...measures at both the national and the international level." (4. Declaration on the Right of Peoples to Peace approved by General Assembly resolution 39/11 of 12 November 1984)

 

STATE ACTIVITY: has ignored years of commitments related to reallocation of the military budget, has substantially increased the military budget, and has used the responsibility to protect and humanitarian intervention to justify increasing the military budget.

 

LAWFUL ADVOCACY ACTIVITY has called for the reallocation of the Global military budget at international conferences., and for implementing years of commitments to distributing the peace dividend.

 

Global Compliance Research Project statement on "Domestic financial Resources and Economic Instruments” for Implementing the Commitments made in the Habitat II Agenda.

 

"The reduction of the military budget and disarmament are necessary conditions of security and development" (Anatole Rapapport, presentation at the World Order Conference, 2001)

 

Throughout the years, through international agreements, member states of the United Nations have recognized that the military budget has been a waste and misuse of resources. Unfortunately, institutional memory is either short or member states ignore precedents.

 

It is time for the member states of the United Nations to give substance to the Habitat II Agenda, by recapturing the commitment from Habitat 1, in 1976, to substantially reduce the military budget.

 

Currently the Global Community spends almost one trillion the military budget at a time when many basic and fundamental rights have not been fulfilled: the right to affordable and safe housing; the right to unadulterated food (pesticide-free and genetically engineered-free food); the right to safe drinking water; the right to a safe environment; the right to universally accessible, not for profit health care; and the right to free and accessible education.

 

WSSD: FUNDS FOR GLOBAL SOCIAL JUSTICE, NOT FOR ARMS

(published in Taking Issue, Friday August 30, 2002) at the WSSD, Johannesburg)

 

Delegates at the WSSD have been negligent in that the have ignored significant precedents related to a commitment to reallocate the military budget

 

In Agenda 21, at the United Nations Conference on the environment and Development, it as estimated that from 650-650 billion per annum would be necessary for the implementation of Agenda 21 Also in Chapter 33, of Agenda 21, member states of the Untied Nations made a commitment to the "the reallocation of resources presently committed to military purposes" (33.18e)

 

Throughout the years, through international agreements, member states of the United Nations have recognized that the military budget has been a waste and misuse of resources. unfortunately, institutional memory is either short or member states ignore precedents.

 

It is time for the member states of the United Nations negotiating at the World Sumiton Sustainable Development to respect precedents by acting on commitments from previous conferences and General Assembly resolutions.

 

Currently, the Global Community spends more that $850 billion on the military budget at a time when many basic and fundamental rights have not been fulfilled: the right to affordable and safe housing, the right to unadulterated food (pesticide-free and GE-free food); the right to safe drinking water, the right to a safe environment; the right to universally accessible, not for profit health care and the right free and accessible education.

 

(47) IMPLEMENTING FINANCIAL COMMITMENTS FROM THE UNITED NATIONS CONFERENCE ON ENVIRONMENT AND DEVELOPMENT

 

To implement the commitments from Agenda, 21, the global community must undertake to reallocate the global military budget to accommodate the peace dividend of $700 billion per annum to move towards achieving global social justice.

 

STATE ACTIVITY:

 

LAWFUL ADVOCATE ACTIVITY; has proposed at WSSD that the 700 billion be drawn from a reallocation of the military budget. The reallocation of the military expenses was a commitment made in Chapter 33 of Agenda 21, UNCED

 

(48) PROMOTING THE DE-LEGITIMIZATION OF WAR

 

INTERNATIONAL OBLIGATION:

to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and

 to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small (Charter of the United Nations)

 

STATE ACTIVITY: (STATES ENGAGED IN WAR) has disregarded the fundamental purpose of the Charter of the United Nations.

 

LAWFUL ADVOCACY ACTIVITY: have called for the delegitimization of war as a means of implementing the fundamental purpose of the Charter of the United Nations, Given the irreversible social, health, environmental, psychological, and economic consequences of war are such that under no circumstance or conditions is war either legal or justice

 

Peace - science

 

(49) DECLARING THE USE OF SCIENTIFIC AND TECHNOLOGICAL PROGRESS IN THE INTERESTS OF PEACE

 

INTERNATIONAL COMMITMENTS:

 

PROCLAIMING that all States shall promote international co-operation to ensure that the results of scientific and technological development are used in the interests of strengthening international peace and security, freedom and independence and also for the purpose of the economic and social development of peoples and the realization of human rights and freedoms in accordance with the Charter of the United Nations (Art. 2., Declaration on the Use of Scientific and Technological Progress in the Interests of Peace, UN General Assembly Resolution,1975),

 

NOTING with concern that scientific and technological achievements can be used to intensify the arms race, suppress national liberation movements and deprive individuals and peoples of their human rights and fundamentals. NOTING also with concern that scientific and technological achievements can entail dangers for the civil and political rights of the individual or the groups and for human dignity. (Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of Mankind Humanity, 1975)

 

Recognizing that scientific and technological developments can give rise to social problems, as well as threaten human rights

Taking into consideration that, while scientific and technological developments provide ever-increasing opportunities to better the conditions of life of peoples and nations, in a number of instances they can give rise to social problems, as well as threaten the human rights and fundamental freedoms of the individuals (Preamble, Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of humanity, 1975)

 

Noting that scientific and technological achievements can be used to intensify the arms race production

Noting with concern that scientific and technological achievements can be used to intensify the arms race, suppress national liberation movements and deprive individuals and peoples of their human rights and fundamental freedoms (Preamble, Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of humanity, 1975)

 

Noting that scientific and technological achievement could entail dangers for civil and political rights

Also noting with concern that scientific and technological achievements can entail dangers for the civil and political rights of the individual or of the group and for human dignity (Preamble, Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of humanity, 1975)

 

Noting the urgent need to neutralize the possible future harmful consequences of certain scientific developments

Noting the urgent need to make full use of scientific and technological developments for the welfare of man humanity and to neutralize the present and possible future harmful consequences of certain scientific and technological achievements (Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of humanity, 1975)

 

Promoting and ensuring that the results of scientific and technological developments are used in the interests of strengthening international peace and security...

 

Promoting and ensuring that the results of scientific and technological developments are for the purpose of the economic and social development of peoples and the realization of human rights

All States shall promote international co-operation to ensure that the results of scientific and technological developments are used in the interests of strengthening international peace and security, freedom and independence and also for the purpose of the economic and social development of peoples and the realization human rights and freedoms in accordance with the Charter of the United Nations (Art. 1. Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of humanity, 1975)

 

Preventing the use of scientific and technological developments, particularly to limit or interfere with the enjoyment of the human rights

All States shall take appropriate measures to prevent the use of scientific and technological developments, particularly by the State organs, to limit or interfere with the enjoyment of the human rights and fundamental freedoms of the individual as enshrined in the Universal Declaration of Human Rights the International Covenants on Human rights and other relevant international instruments (Art. 2. Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of humanity, 1975)

 

STATE ACTIVITY: Excessive investments in science and technology related to militarism.  Has supported for such organizations as the Conference of Defence Association (CANADA)

 

LAWFUL ADVOCACY ACTIVITY; opposing the government investment in the military industries, condemning  the sanction of pension funds being invested in militarism, protesting against exhibitions of the arms trade, and against military investment in Universities. 

2. HUMAN RIGHTS

 

(50) RECOGNIZING THE EQUAL AND INALIENABLE RIGHTS OF ALL MEMBERS OF THE HUMAN FAMILY

 

INTERNATIONAL OBLIGATION:

 

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world

(Preamble, Convention on the Rights of the Child, 1989)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

(51) PREVENTING DISCRIMINATION ON THE FOLLOWING GROUNDS

 

INTERNATIONAL OBLIGATIONS AND COMMITMENTS

 

The following listed grounds have been enshrined in numerous international human rights instruments. There shall not be discrimination on the following grounds:

 

- race, tribe, or culture;

- colour, ethnicity, national ethnic or social origin, or language;

nationality, place of birth, or nature of residence (refugee or

immigrant, migrant worker);

- gender, sex, - disability or age;

- religion or conviction, political or other opinion, or - class, economic

position, or other status;

 

STATE ACTIVITY: (USA et AL) has, along with the Holy See, attempted to limit the listed grounds to those enshrined in the Universal Declaration of Human Rights

(CANADA et AL) has recognized the ground of sexual orientation, and same sex marriage

 

LAWFUL ADVOCACY ACTIVITY: has lobbied for the addition of listed grounds such as "sexual orientation, gender identity, marital status, or form of family"

 

(52) GUARANTEEING OF EQUALITY WITHOUT DISCRIMINATION ON ANY GROUNDS

 

INTERNATIONAL OBLIGATION:

All persons are equal before the law and are entitled without any

discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status (Art. 26, International Covenant of Civil and Political Rights, 1966)

 

STATE ACTIVITY;

 

LAWFUL ADVOCACY ACTIVITY:

 

(53) RECOGNIZING THAT ALL HUMANS ARE EQUAL IN DIGNITY AND RIGHTS

 

INTERNATIONAL COMMITMENT:

All human beings are born free and equal in dignity and rights. Everyone is entitled to all the rights and freedoms set forth in the Universal Declaration of human Rights, without distinction of any kind, such as race, tribe, colour, sex, language, religion, political or other opinion, national or social origin property, birth, sexual orientation, family structure, or other status (Principle 1, International Conference on Population and Development, 1994)

 

STATE ACTIVITY;

 

LAWFUL ADVOCACY ACTIVITY:

 

 

(54) RESPECTING RIGHTS OF THE CHILD WITHOUT DISCRIMINATION ON THE GROUNDS OF ANY STATUS

 

INTERNATIONAL OBLIGATION:

States parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, tribe, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.(Art. 2, Convention on the Rights of the Child, 1989)

 

STATE ACTIVITY;

 

LAWFUL ADVOCACY ACTIVITY:

 

 

(55) RECOGNIZING THE RIGHTS OF ALL DISABLED PERSONS [PERSONS WITH DISABILITIES] REGARDLESS OF STATUS

 

INTERNATIONAL COMMITMENT:

Disabled person"Persons with disabilities shall enjoy all the rights set forth in this Declaration. These rights shall be granted to all disabled persons without any exception whatsoever and without distinction or discrimination on the basis of race, tribe, colour, sex, language, religion, political or other opinions, national or social origin, state of wealth, birth or any other situation applying either to the disabled person himself or herself, or to his or her family {2 Declaration on the Rights of Disabled Persons 1975}

 

STATE ACTIVITY;

 

LAWFUL ADVOCACY ACTIVITY:

.

 

(56) PUBLICIZING AND DISSEMINATING LAWS AND INFORMATION RELATING TO EQUAL STATUS IN...INDIGENOUS LANGUAGES

 

 

INTERNATIONAL COMMITMENT:

Translate whenever possible, into the local and indigenous languages... publicize and disseminate laws and information relating to the equal status and human rights of all women including the Universal Declaration on Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of the Child, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Declaration on the Right to Development, the Declaration on the Elimination of Violence Against Women, as well as the outcomes of relevant United Nations Conferences and Summits and national reports to the Committee on the Elimination of Discrimination against Women (Art.233 a Advance draft, Platform of Action, UN Conference on Women, May 15)

 

STATE ACTIVITY;

 

LAWFUL ADVOCACY ACTIVITY:

 

 

(57) ENSURING GENDER EQUALITY/EQUITY IN PROMOTING INTERNATIONAL PEACE

 

INTERNATIONAL COMMITMENT:

Women and men have an equal right and the same vital interest in contributing to international peace and co-operation. Women should {shall] participate fully in all efforts to strengthen and maintain international peace and security and to promote international co-operation, diplomacy, the process of detente, disarmament the nuclear field in particular, and respect for the principle of the Charter of the United Nations,including respect for the sovereign rights of States,guarantees of fundamental freedoms and human rights, such as recognition of the dignity of the individual and self-determination, and freedom of thought, conscience, expression, association, assembly, communication and movement without distinction as race, tribe, colour, sex, language, religion, political or other opinion, national or social origin property, birth, , or other status (Principle 1, International Conference on Population and Development, 1994)

 

(58)AFFIRMING THE RIGHT OF EDUCATION FOR ALL REGARDLESS OF STATUS

 

INTERNATIONAL COMMITMENT:

Recalling that, since its establishment, the United Nations Educational, Scientific and Cultural Organization has constantly striven for effective realization of the right to education and equality of educational opportunities for all, without distinction as to race, tribe, colour, sex, language, religion, political or other opinion, national or

social origin, economic status or birth and that, for many years past,

activities directed to securing the right to education and the extension and improvement of educational and training systems in Member States, more particularly in the developing countries, have occupied a central place in that organization's programme (GA Resolution, The Right to Education 37/178 17, December 1982)

 

STATE ACTIVITY;

 

LAWFUL ADVOCACY ACTIVITY:

 

Human Right – Rights of the Child

 

(59) RESPECTING RIGHTS OF THE CHILD WITHOUT DISCRIMINATION ON ANY GROUNDS

 

INTERNATIONAL OBLIGATION:

 

States parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, tribe, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.(Art. 2, Convention on the Rights of the Child, 1989)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

 

(60) PROCLAIMING THAT CHILDHOOD IS ENTITLED TO SPECIAL CARE AND ASSISTANCE

 

INTERNATIONAL OBLIGATION:

Recallingthat, in the Universal Declaration of Human Rights, the United Nations has proclaimed that childhood is entitled to special care and assistance (Preamble, Convention on the Rights of the Child, 1989)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

 

(61) ENSURING] THAT THE BEST INTERESTS OF THE CHILD SHALL BE A PRIMARY CONSIDERATION

 

INTERNATIONAL OBLIGATION:

 In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration (Art. 3. 1.Convention on the Rights of the Child, 1989)

 

[CHECK] STATE ACTIVITY: (US et AL) the US objected to the article in the Convention that stated that children under 18 could not bear arms; also insisted on reference to the time when life began this was changed to accommodate the US. The US has not ratified the Convention.

 

LAWFUL ADVOCACY ACTIVITY: has called for implementation of the Convention, and support for UNICEF’s programme for including children voting in elections, but criticized UNICEF for asking for children to pit one right against another

 

(62) RESPECTING THE RIGHT OF THE CHILD TO FREEDOM OF EXPRESSION

 

INTERNATIONAL OBLIGATION:

The child shall have the right to freedom of expression (Convention on the Rights of the Child reaffirmed Art. 13.1 same as one in International Covenant of Civil and Political Rights, 1966)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

 

(63) ENSURING THAT ALL SEGMENTS OF SOCIETY HAVE ACCESS TO BASIC KNOWLEDGE OF CHILD HEALTH AND NUTRITION...

 

INTERNATIONAL

 

To ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of child health and nutrition, the advantages of breast-feeding, hygiene and environmental sanitation and the prevention of accidents (Art. 24. 1. e Convention on the Rights of the Child, 1989)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

 

(64) ENSURING DIGNITY AND PROMOTING SELF-RELIANCE .. FOR CHILDREN WITH MENTAL OR PHYSICAL DISABILITY

 

INTERNATIONAL OBLIGATION:

States Parties recognize that a child with a mental or physical disability] mentally or physically disabled child should enjoy a full and decent life in conditions which ensure dignity, promote self-reliance and facilitate the child's active participation in the community (Art. 23., Convention on the Rights of the Child, 1989).

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

(65) RECOGNIZING THE RIGHT OF CHILDREN WITH DISABILITIES TO SPECIAL CARE

 

INTERNATIONAL CONVENTION:

 

States parties recognize the right ofthe disabled child a child with a disability to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the child's condition and the circumstances of the parents or others caring for the child. (Art. 2., Convention on the Rights of the Child, 1989)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

 

(66) ENSURING THAT CHILDREN WITH DISABILITIES HAVE EFFECTIVE ACCESS TO EDUCATION AND TRAINING….

 

INTERNATIONAL OBLIGATION:

 

Recognizing the special needs of a child with a disability disabled child, assistance extended in accordance with paragraph 2 of the present article shall be provided free of charge, whenever possible, taking into account the financial resources of the parents or other caring for the child, and shall be designed to ensure that the disabled child has effective access to and receives education, training, health care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the child's achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development. (Art. 3., Convention on the Rights of the Child, 1989)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY;

 

(67) PROMOTING THE EXCHANGE OF INFORMATION ON PREVENTIVE HEALTH... FOR DISABLED CHILDREN [WITH DISABILITIES]

 

INTERNATIONAL OBLIGATION:

 

States Parties shall promote, in the spirit of international cooperation, the exchange of appropriate information in the field of preventative health care and of medical, psychological and functional treatment of disabled children with disabilities, including dissemination of and access to information concerning methods of rehabilitation, education and vocational services, with the aim of enabling States Parties to improve their capabilities and skills and to widen their experiences in these areas. in this regard, particular account shall be taken of the needs of developing countries. (Art. 4. Convention on the Rights of the Child, 1989)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

Human Rights -Women’s' Rights

 

(68) RECOGNIZING THE DETERMINANTS OF LIMITING WOMEN’S LIVES...

 

INTERNATIONAL COMMITMENT:

 

the prevalence among women of poverty and economic dependence, their experience of violence, negative attitudes towards women and girls, discrimination due to race and other forms of discrimination, [the limited power many women have over their sexual and reproductive lives] and lack of influence in decision-making are social realities which have an adverse impact on their health. lack of and inequitable distribution of food for girls and women in the household and inadequate access to safe water and sanitation facilities, and fuel supplies, particularly in rural and poor urban areas, and deficient housing conditions, overburden women and their families and all negatively affect their health. good health is essential to leading a productive and fulfilling life [and the right of all women to control their own fertility is basic to their empowerment] (art. 94, advance draft, platform of action, un conference on women, may 15)

 

STATE ACTIVITY

 

LAWFUL ADVOCACY ACTIVITY:

 

(69) ENSURING THAT MEASURES [PREVENTIVE AND CURATIVE] ARE IMPLEMENTED BY PUTTING IN PLACE INTERNATIONAL SAFEGUARDS AND MECHANISMS FOR COOPERATION TO ELIMINATE ALL FORMS OF EXPLOITATION, ABUSE, HARASSMENT AND VIOLENCE AGAINST WOMEN

 

INTERNATIONAL COMMITMENT:

 

Countries should take full measures to eliminate all forms of exploitation, abuse, harassment and violence against women, adolescents and children. This implies both preventive actions and rehabilitation of victims. Countries should take full measures to shall eliminate all forms of exploitation, abuse, harassment and violence against women, adolescents and children. Countries should [shall] pay special attention to protecting the rights and safety of those...in exploitable situations, such as migrant women, women in domestic service and school girls (Action 4.9. International Conference on Population and Development, 1994)

 

STATE ACTIVITY: (USA AND OTHER OPPONENTS OF RIGHT TO CHOOSE) placed the above sections in brackets, which may or may not have been removed in the final document.

 

LAWFUL ADVOCACY ACTIVITY: has lobbied for the removal of the bracketed sections

 

(70) PROTECTING WOMEN’S' REPRODUCTIVE RIGHTS

 

INTERNATIONAL COMMITMENT:

In no case should abortion be promoted as a method of family planning. All Governments and relevant intergovernmental and non-governmental organizationsare urged to strengthen their commitment to women’s health, to deal with the health impact of unsafe abortion as a major public health concern and to reduce the recourse to abortion through expanded and improved family planning services. Prevention of unwanted pregnancies must always be given the highest priority and all attempts should be made to eliminate the need for abortion. Women who have unwanted pregnancies should have ready access to reliable information and compassionate counseling. Any measures or changes related to abortion within the health system can only be determined at the national or local level according to the national legislative process. In circumstances where abortion is not against the law, such abortion should be safe. In all cases, women should have access to quality services for the management of complications arising from abortion. Post-abortion counseling, education and family-planning services should be offered promptly, which will also help to avoid repeat abortions (8.25, International Conference on Population and Development, 1994)

 

STATE ACTIVITY- US and other anti-choice states have continued to undermine this commitment, either held up plenary sessions, or even the whole international conference

(CANADA) has taken a lead role in promoting reproductive choice, and women’s human rights but quiet about the 50/50 campaign – the promotion of increased representation of women in parliament. The senate is a better balance than parliament. Has promoted UN Security Council 1325.

 

ADVOCACY ACTIVITY: has lobbied for implementing the Platform of Action, from UN Conference on Women: Equality, Development and Peace, and for the implementation of UN Security Council 1325.

 

•Human Rights - Migrant Workers

 

(71) PROTECTING RIGHTS OF MIGRANT WORKERS AND THEIR FAMILIES

 

INTERNATIONAL OBLIGATION

 

Convinced that the rights of migrant workers and members of their

families have not been sufficiently recognized everywhere and therefore require appropriate international protection (Preamble. International Convention on the protection of the Rights of all Migrant workers and members of their families)

 

Recognizing also the progress made by certain States on a regional or bilateral basis towards the protection of the rights of migrant workers and members of their families, as well as the importance and usefulness of bilateral and multilateral agreements in this field (Preamble, International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY

 

(72) RESPECTING RIGHTS OF MIGRANT WORKERS WITHOUT DISTINCTION ON ANY GROUNDS

 

INTERNATIONAL OBLIGATIONS

 States Parties undertake, in accordance with the international instruments concerning human rights, to respect and to ensure to all migrant workers and members of their families within their territory or subject to their jurisdiction the rights provided for in the present Convention without distinction of any kind such as sex, race, colour, language, religion or conviction, political or other opinion, national, ethnic or social origin, nationality, age, economic position, property,

marital status, birth or other status (Art. 7. International Convention on the protection of the Rights of all Migrant Workers and Members of their Families)

 

STATE ACTIVITY; Most developed states have refused to sign and ratify the convention

 

LAWFUL ADVOCACY ACTIVITY: has called for the ratification and implementation of the Convention

 

 

(73) IMPLEMENTING AND PUTTING INTO PLACE INTERNATIONAL SAFEGUARDS FOR THOSE IN EXPLOITABLE SITUATION

 

INTERNATIONAL COMMITMENT

Ensuring that measures [preventive and curative] are implemented by putting in place International safeguards and mechanisms for cooperation to eliminate all forms of exploitation, abuse, harassment and violence against women

Countries should[shall] take full measures to eliminate all forms of exploitation, abuse, harassment and violence against women, adolescents and children. This implies both preventive actions and rehabilitation of victims. Countries should take full measures to shalleliminate all forms of exploitation, abuse, harassment and violence against women, adolescents and children. Countries should [shall] pay special attention to protecting the rights and safety of those...in exploitable situations, such as migrant women, women in domestic service and school girls (Action 4.9. International Conference on Population and Development, 1994)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY

 

 

•Human Rights -Indigenous

 

(74) [ENSURING] THE FULL RANGE OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOM TO INDIGENOUS PEOPLES

 

INTERNATIONAL

Indigenous and tribal peoples shall enjoy the full measure of human rights and fundamental freedoms without hindrance or discrimination. The provisions of the Convention shall be applied without discrimination to male and female members of these peoples. (Art. 3 Convention Concerning Indigenous and Tribal Peoples in Independent Countries No. 169, 1990)

 

NOTE: DECLARATION OF RIGHTS OF INDIGENOUS PEOPLES

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY

 

(75) ADOPTING SPECIAL MEASURES FOR SAFEGUARDING PERSONS,... PROPERTY, CULTURES AND ENVIRONMENT OF INDIGENOUS PEOPLES

 

INTERNATIONAL

Special measures shall be adopted as appropriate for safeguarding the persons, institutions, property, labour, cultures and environment of the peoples concerned. (Art. 4., Convention Concerning Indigenous and Tribal Peoples in Independent Countries, No. 169, 1990)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY

 

 

(76) ENSURING THE RIGHT OF INDIGENOUS PEOPLES TO DECIDE THEIR OWN PRIORITIES

 

the peoples concerned shall have the right to decide their own priorities for the process of development as it affects their lives, beliefs, institutions and spiritual well-being and the lands they occupy or otherwise use and to exercise control, to the extent possible, over their own economic, social and cultural development. In addition, they shall participate in the formulation, implementation and evaluation of plans and programmes for national and regional development which may affect them directly. (Art. 7.1. Convention Concerning Indigenous and Tribal Peoples in Independent Countries, No. 169, 1990)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY

                                                                                                                                                                          

(77) AFFIRMING THE POSITIVE-DUTY-TO PROTECT-INDIGENOUS-LANDS PRINCIPLE

 

INTERNATIONAL COMMITMENTS:

recognition that the lands of indigenous people peoples and their communities should shall be protected from activities that are environmentally unsound or that the indigenous people concerned consider to be socially and culturally [inappropriate~] (26.3. ii., Indigenous People[s], Agenda 21, UNCED, 1992)

 

Recognizing that the lands of indigenous peoples [shall] be protected from activities that are environmentally unsound or culturally inappropriate

(ii)        Recognition that the lands of indigenous people peoples and their communities should shall be protected from activities that are environmentally unsound or that the indigenous people concerned consider to be socially and culturally [inappropriate~] (26.3.a.ii, Indigenous People[s],, Agenda 21, UNCED, 1992)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY

 

 

(78) STRENGTHENING THE ROLE OF INDIGENOUS [PEOPLES] IN [SOCIALLY EQUITABLE AND ENVIRONMENTALLY-SOUND DEVELOPMENT]

 

INTERNATIONAL COMMITMENT

 Indigenous people peoples and their communities have an historical relationship with their lands and are generally descendants of the original inhabitants of such lands. In the context of this chapter the term "lands" is understood to include the environment of the areas which the people peoples concerned traditionally occupy. Indigenous people peoples and their communities represent a significant percentage of the global population. They have developed over many generations a holistic traditional scientific knowledge of their lands, natural resources and environment. Indigenous people peoples and their communities shall enjoy the full measure of human rights and fundamental freedoms without hindrance or discrimination. Their ability to participate fully in sustainable development socially equitable and environmentally-sound practices on their lands has tended to be limited as a result of factors of an economic, social and historical nature. In view of the interrelationship between the natural environment and its sustainable development socially equitable and environmentally-sound development and the cultural, social, economic and physical well-being of indigenous people, national and international efforts to implement [socially equitable and environmentally-sound and sustainable development should shall recognize, accommodate, promote and strengthen the role of indigenous people and their communities. (26.1., Indigenous People[s], Agenda 21, 1992)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY

 

(79) FULFILLING OBJECTIVE IN PARTNERSHIP WITH INDIGENOUS PEOPLES

 

INTERNATIONAL COMMITMENTS

In full partnership with indigenous people peoples and their communities, Governments and, where appropriate, intergovernmental organizations should shall aim at fulfilling the following objectives: (26.3., Indigenous People[s]Agenda 21, UNCED, 1992)

• Establishing a process to empower indigenous [peoples]

            Establishment of a process to empower indigenous people peoples and their communities through measures that include:           

- Adoption or strengthening of [appropriate~] policies and/or legal instruments at the national level (26.3 i Indigenous Peoples, Agenda 21, UNCED,1992)

 • Recognizing and supporting the identity, culture and interests of indigenous peoples

• Enabling their effective participation in the achievement of [Socially equitable and environmentally-sound development]

 

(80) SUPPORTING ….AND ENABLING EFFECTIVE PARTICIPATION IN THE ACHIEVEMENT OF SUSTAINABLE DEVELOPMENT

 

INTERNATIONAL COMMITMENT:

 

 Indigenous people peoples and their communities, and other local communities, have a vital role in environmental management and development because of their knowledge and traditional practices. States should shall recognize and duly support their identity, culture and interests and enable their effective participation in the achievement of sustainable development. Socially equitable and environmentally- sound development (Principle 22., Rio Declaration, UNCED, 1992)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY

 

(81)SUPPORTING PARTICIPATION FROM INDIGENOUS PEOPLES IN DECISION MAKING RELATED TO BIODIVERSITY

 

INTERNATIONAL

Governments... consistent with the requirements of international law should shall, as appropriate collect, assess and make available relevant and reliable information in a timely manner and in a form suitable for decision-making at all levels, with the full support and participation of local and indigenous people and their communities. (15.6 f Biodiversity., Agenda 21 UNCED 1992)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY

(82) PREVENTING ACTIONS ON INDIGENOUS LANDS

 

INTERNATIONAL COMMITMENT:

 

the lands of indigenous people and their communities should be protected from activities that are environmentally unsound or that the indigenous people concerned consider to be socially and culturally inappropriate (26.3. ii, Agenda 21)

 

STATE ACTIVITY: Has generally disregarded commitments; often toxic and hazardous waste dumped in lands of indigenous peoples; (CANADA) led the campaign in 1992 against the placing of (s) on the UN expression “indigenous people [s]” in UN documents [position subsequently changed]

 

LAWFUL ADVOCACY ACTIVITY: has called for acting on commitment, and lobbied for the inclusion of (s) for indigenous peoples so that there would be multiple representation at the UN.

 

(83) RECOGNIZING ADDITIONAL BARRIERS FACED BY INDIGENOUS WOMEN

 

INTERNATIONAL COMMITMENT:

• [Recognizing] the additional barriers faced by indigenous women

Indigenous women often face barriers both as women and as members of indigenous communities (Art. 34 Advance draft, Platform of Action, UN Conference on Women, May 15)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY

 

(84) DEVELOPING POLICIES FOR INDIGENOUS WOMEN WITH THEIR FULL PARTICIPATION

Develop policies and programmes for indigenous women with their full participation and respect of their cultural diversity, so that they have opportunities and possibilities of choice in the development processes in order to eradicate the poverty that affects them (Art.60s Advance draft, Platform of Action, UN Conference on Women, May 15)

 

(85) INCLUDING...INDIGENOUS WOMEN IN THE IDENTIFICATION AND PLANNING OF HEALTH CARE PRIORITIES AND PROGRAMMES 

 

INTERNATIONAL COMMITMENT 

Design and implement gender sensitive health programmes including decentralized health services in cooperation with women and community-based organizations, to address the needs of women throughout their lives and that take into account their multiple roles and responsibilities, the demands on their time, the special needs of rural women and women with disabilities, and the diversity of women's needs across age, socio- economic, and cultural differences among others, and include women, especially local and indigenous women, in the identification and planning of health care priorities and programmes; [and remove all barriers to women's health services] [and provide the widest possible access to a broad range of health care services.] (Art 81 c Advance draft, Platform of Action, UN Conference on Women, May 15)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY

 

 

(86) ENSURING FULL AND EQUAL ACCESS TO HEALTH CARE

 

INTERNATIONAL COMMITMENT 

Ensure full and equal access to health care infrastructure and services for indigenous women (Art.107 y Advance draft, Platform of Action, UN Conference on Women, May 15)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY

 

(80) PROMOTING GENDER SENSITIVE AND WOMEN-CENTRED HEALTH RESEARCH, TREATMENT AND TECHNOLOGY, AND LINK TRADITIONAL AND INDIGENOUS KNOWLEDGE...

 

INTERNATIONAL COMMITMENT  

 

Promote gender sensitive and women-centred health research, treatment and technology, and link traditional and indigenous knowledge with modern medicine, making information available to women to enable them to make informed and responsible decisions (Art.107 (b) Advance draft, Platform of Action, UN Conference on Women, May 15)

 

Some groups of women, such as...indigenous women are particularly vulnerable to violence

Some groups of women, such as women belonging to minority groups, indigenous women, refugee women, migrant women, women in poverty living in rural or remote communities, destitute women, women in institutions or in detention, female children, women with disabilities, elderly women and women in situations of armed conflict, are also particularly vulnerable to violence (Art. 116.Advance draft, Platform of Action, UN Conference on Women, May 15)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY

 

(87) SUPPORTING THE ECONOMIC ACTIVITIES OF INDIGENOUS WOMEN, TAKING INTO ACCOUNT THEIR TRADITIONAL KNOWLEDGE

 

INTERNATIONAL COMMITMENT  

Support the economic activities of indigenous women, taking into account their traditional knowledge, so as to improve their conditions and development (Art.177 f Advance draft, Platform of Action, UN Conference on Women, May 15)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY

 

 

(88) ENCOURAGING GREATER INVOLVEMENT OF INDIGENOUS WOMEN IN DECISION-MAKING

 

INTERNATIONAL COMMITMENT  

 

Encourage greater involvement of indigenous women in decision-making at all levels (Art.192 g Advance draft, Platform of Action, UN Conference on Women, May 15)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY

 

(89) ENSURING FULL RESPECT FOR THE HUMAN RIGHTS OF INDIGENOUS WOMEN

 

INTERNATIONAL COMMITMENT 

 

Taking into account the need to ensure full respect the human rights of indigenous women, consider and adopt a declaration on the rights of indigenous people by the General Assembly within the International Decade of the World's Indigenous People; encourage the participation of indigenous women in the working group elaborating the draft declaration, in accordance with the provision set out for the participation of organizations of indigenous people (Art.231 p Advance draft, Platform of Action, UN Conference on Women, May 15)

 

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY

 

(90) PROMOTING THE KNOWLEDGE OF AND SPONSOR RESEARCH ON THE ROLE OF.... INDIGENOUS WOMEN IN FOOD GATHERING...SOIL CONSERVATION...

 

INTERNATIONAL COMMITMENT 

Promote the knowledge of and sponsor research on the role of women, focusing particularly on rural and indigenous women in food gathering and production, soil conservation, irrigation, watershed management, sanitation, coastal zone and marine resource management, integrated pest management, land-use planning, forest conservation and community forestry, fisheries, natural disaster prevention and new and renewable sources of energy, focusing particularly on indigenous women's knowledge and experience (Art.256 f Advance draft, Platform of Action, UN Conference on Women, May 15)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY

 

.Human Rights - Refugees

 

(91) ACCORDING SAME TREATMENT AS IS ACCORDED TO CITIZENS GENERALLY

 

INTERNATIONAL OBLIGATION:

 

Except where this Convention contains more favourable provisions, a Contracting State shall accord to refugees the same treatment as is accorded to [citizens] generally. (Article 7, 1., Convention Relating to the Status of Refugees,1951).

 

In respect of the protection of industrial property, such as inventions, designs or models, trade marks, trade names, and of rights in literary, artistic and scientific works, a refugee shall be accorded in the country in which he has his habitual residence the same protection as is accorded to nationals of that country. In the territory of any other Contracting State, he shall be accorded the same protection as is accorded in the territory to nationals of the country in which he has his habitual residence (Art. 14, Convention Relating to the Status of Refugees, 1951).

 

The Contracting States shall accord to refugees the same treatment as is accorded to nationals with respect to elementary education (Art. 22. 1. Convention Relating to the Status of Refugees, 1951).

 

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY

 

(92) RESPECTING FAVOURABLE AS POSSIBLE TREATMENT WITH RESPECT TO EDUCATION ..AS REGARD RECOGNITION OF FOREIGN SCHOOLS CERTIFICATES, DIPLOMAS AND DEGREES

 

INTERNATIONAL OBLIGATIONS

 

The Contracting States shall accord to refugees treatment as favourable as possible,... with respect to education other than elementary education and, in particular, as regards access to studies, the recognition of foreign school certificates, diplomas and degrees, the remission of fees and charges and the award of scholarships (Article 22. 2, Convention Relating to the Status of Refugees, 1951).

 

The Contracting States shall accord to refugees lawfully staying in their territory the same treatment with respect to public relief and assistance as is accorded to their nationals (Article 23, Convention Relating to the Status of Refugees, 1951).

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

Human Rights -- immigrants

 

(93) RECOGNIZING THE EXISTENCE OF BARRIERS INCLUDING IMMIGRANTS

 

INTERNATIONAL

[… many women face particular barriers because of such factors as their race, age, language, ethnicity, culture, religion [sexual orientation] or disability, or because they are indigenous people. Many women face barriers related to their family status particularly as single parents, to their socio-economic status, including their living conditions in rural or isolated areas and in impoverished areas in rural and urban environments, or to their status as immigrants. Particular barriers also exist for refugee, migrant and displaced women, as well as those who are affected by environmental disasters and displaced women as well as for those who are affected by environmental disasters, serious and infectious diseases, additions and various forms of violence against women]

 (Art.48 Advance draft, Platform of Action, UN Conference on Women, May 15)

 

STATE ACTIVITY: (US et AL) had placed the above section in brackets

 

LAWFUL ADVOCACY ACTIVITY: lobbied for the removal of brackets

 

Human Rights – persons with disabilities

 

(94) RECOGNIZING THE RIGHT OF EVERYONE TO THE HIGHEST ATTAINABLE STANDARDS OF PHYSICAL AND MENTAL HEALTH

 

INTERNATIONAL COVENANT:

 

The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. (Article 12 International Covenant Economic, Social & Cultural Covenant, 1966)

 

STATE ACTIVITIES

 

LAWFUL ADVOCACY ACTIVITIES

 

(95) AFFIRMING THE RIGHTS OF ALL PERSONS WITH DISABILITIES REGARDLESS OF STATUS

 

INTERNATIONAL COMMITMENT:

Disabled person shall enjoy all the rights set forth in this Declaration. These rights shall be granted to all disabled persons without any exception whatsoever and without distinction or discrimination on the basis of race, tribe, colour, sex, language, religion, political or other opinions, national or social origin, state of wealth, birth or any other situation applying either to the disabled person himself or herself, or to his or her family {2 Declaration on the Rights of Disabled Persons 1975}.

 

STATE ACTIVITY:

(CANADA) has enshrined “disability” as a listed ground in the Charter of Rights and Freedoms

 

LAWFUL ADVOCACY ABILITY: lobbying for having “disability” listed as a ground in international instruments

 

(96)      [ENSHRINING] THE INHERENT RIGHT OF PERSONS WITH DISABILITIES TO RESPECT FOR THEIR HUMAN DIGNITY

 

INTERNATIONAL COMMITMENT:

 

Disabled person have the inherent right to respect for their human dignity. Disabled persons, whatever the origin, nature and seriousness of their handicaps and disabilities, have the same fundamental rights as their fellow-citizens of the same age, which implies first and foremost the right to enjoy a decent life, as normal and full as possible {3 Declaration on the Rights of Disabled Persons, 1975}

 

STATE ABILITY:

 

LAWFUL ADVOCACY ABILITY:

 

(97)      [ENSHRINING] THE RIGHT OF PERSONS WITH DISABILITIES TO MEDICAL, PSYCHOLOGICAL AND FUNCTIONAL TREATMENT

 

INTERNATIONAL COMMITMENT:

Disabled personhave the right to medical, psychological and functional treatment, including prosthetic and orthetic appliances, to medical and social rehabilitation, education, vocational training and rehabilitation, aid, counseling, placement services and other services which will enable them to develop their capabilities and skills to the maximum and will hasten the process of their social integration or reintegration {6. Declaration on the Rights of Disabled Persons, 1975}

 

STATE ABILITY:

 

LAWFUL ADVOCACY ABILITY:

.

(98) [ENSHRINING] THE RIGHT OF PERSONS WITH DISABILITIES HAVE THE RIGHT TO ECONOMIC AND SOCIAL SECURITY

 

INTERNATIONAL COMMITMENT:

Disabled person have the right to economic and social security and to a decent level of living. They have the right, according to their capabilities, to secure and retain employment or to engage in a useful, productive and remunerative occupation and to join trade unions. {7 Declaration on the Rights of Disabled Persons, 1975}

 

STATE ABILITY:

 

LAWFUL ADVOCACY ABILITY:

 

 

(99) PROTECTING PERSONS WITH DISABILITIES AGAINST EXPLOITATION, AND DEGRADATION

 

INTERNATIONAL COMMITMENT:

 Disabled person Persons with disabilities shall be protected against all exploitation, all regulations and all treatment of a discriminatory, abusive or degrading nature (10. Declaration on the Rights of Disabled Persons. 1975)

 

STATE ABILITY:

 

LAWFUL ADVOCACY ABILITY:

 

 

(100) [RECOGNIZING] THE RIGHT OF A PERSON WITH A MENTAL DISABILITIES TO A QUALIFIED GUARDIAN

 

INTERNATIONAL COMMITMENT:

 The mentally retarded person persons with a mental disability has a right to a qualified guardian when this is required to protect his or her personal well-being and interests.(5 Declaration on the Rights of Mentally Retarded Persons, Generally Assembly resolution 2856 (XXVI) 1971)

 

STATE ABILITY: has generally ignored most of the commitments;

 

 In the Habitat II Agenda, however, disability was included as a listed ground.

 

LAWFUL ADVOCACY ABILITY: has lobbied for acting on commitments related to persons with disability, and for the inclusion in all national statutes of disability listed as a ground

 

Human Rights - Displaced persons

 

(101) ADDRESSING PROFOUND CONSEQUENCES OF MIGRATION OF POPULATIONS OF MIGRANTS, REFUGEES AND DISPLACED PERSONS

 

INTERNATIONAL COMMITMENT:

Global trends have brought profound changes in family survival strategies and structure[s]. Rural to urban migration has increased substantially in all regions. The global urban population is projected to reach 57 per cent of the total population by the year 2000. An estimated 125 million people are migrants, refugees and displaced persons, half of whom live in developing countries. These massive movements of people have profound consequences for family structure[s] and well-being and have unequal consequences for women and men, including in many cases the sexual exploitation of women (Art.38 Advance draft, Platform of Action, UN Conference on Women, May 15)

 

STATE ACTIVITY

 

LAWFUL ADVOCACY ACTIVITY

 

(102) CONDEMNINGCONTINUED MASSIVE VIOLATIONS OF HUMAN RIGHTS, ETHNIC CLEANSING AND SYSTEMATIC RAPE – CREATING …EXODUS OF REFUGEES AND DISPLACED PERSONS

 

INTERNATIONAL COMMITMENT:

The World conference on Human rights expresses its dismay at massive violations of human rights especially in the form of genocide, “ethnic cleansing” and systematic rape of women in war situations, creating mass exodus of refugees and displaced persons... (S. 28 World Conference on Human Rights, 1993)

 

STATE ACTIVITY

 

LAWFUL ADVOCACY ACTIVITY

 

(103) CALLING FOR COMPLYING WITH INTERNATIONAL OBLIGATIONS TO COUNTER INTOLERANCE

 

INTERNATIONAL COMMITMENT:

the World Conference on Human Rights calls upon all Governments to take all appropriate measures in compliance with their international obligations and with due regard to their respective legal systems to counter intolerance and related violence based on religion or belief, including practices of discrimination against women and including the desecration of religious sites, recognizing that every individual has the right to freedom of thought, conscience, expression and religion. The Conference also invites urges all States to put into practice the provisions of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or belief (II B. 1 World Conference on Human Rights, 1993)

 

STATE ACTIVITY

 

LAWFUL ADVOCACY ACTIVITY

 

(104) ENSHRINING OF THE RIGHT TO FREEDOM OF EXPRESSION

 

INTERNATIONAL OBLIGATIONS:

This right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his [his/her] choice... [Art 19, International Covenant on Civil and Political Rights, 1966)

 

Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or adopt a religious belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching as long as the expression of thought does not interfere with the rights of others (Art. 18., Civil and Political Covenant, 1966)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

(105a) ENSHRINING THE RIGHT TO FREEDOM OF RELIGION

 

INTERNATIONAL

Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or adopt a religious belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching as long as such practices do not violate human rights (Art. 18., Civil and Political Covenant, 1966)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY: has lobbied for the separation of religion and state, for the removal of all devotional services in public schools, and for the addition “as long as such practices do not violate human rights” to the International Covenant of Civil and Political Rights

 

(105b) CONDEMNING THE USING OF RELIGION TO LEGITIMIZE VIOLENCE OR WAR

 

INTERNATIONAL NON-EXISTENT OBLIGATIONS AND COMMITMENTS:

 

STATE ACTIVITY: has claimed directions from God and rationalized war as being ordained by God

 

LAWFUL ADVOCACY ACTIVITY:

 

(106) STIPULATING THAT THE FREEDOM OF RELIGION IS SUBJECT TO LIMITATIONS

 

INTERNATIONAL COMMITMENT:

 Recognizing also the threat posed by movements based on religious

intolerance and extremism,

Considering that the International Covenant on Civil and Political Rights, in article 18, and the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, in article 1, stipulate that the freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others, Emphasizing the principle, contained in the preamble to the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, that it is inadmissible to use religion or belief for ends inconsistent with the Charter of the

United Nations, other relevant instruments of the United Nations and the purposes and principles of the Declaration (Preamble, Tunis Declaration, 1993, report of the regional meeting for Africa of the World Conference on Human rights, 1993).

 

STATE ACTIVITY: have inconsistently perceived religious extremism as being a threat. For example the US does not perceive the following as being a threat:

 

LAWFUL ADVOCACY ACTIVITY:

 

(107) CONSIDERING THAT EXTREMISM DENIES THE MORAL AND HUMANITARIAN VALUES OF PEOPLES

 

INTERNATIONAL

 Considering that extremism and terrorism, whether the pretext be

sectarian, ethnic or religious, deny the moral and humanitarian values of peoples and, in particular, fundamental freedom and tolerance (Preamble, Tunis Declaration, 1993, report of the regional meeting for Africa of the World Conference on Human rights, 1993).

 

STATE ACTIVITY: (US et Al)

 

LAWFUL ADVOCACY ACTIVITY:

 

(108) BELIEVING RELIGIOUS EXTREMISM POSE A REAL THREAT TO SECURITY

 

INTERNATIONAL

 

Believes that religious extremism poses a real threat to the security of nations and the stability of their institutions (1. Tunis Declaration, 1993, report of the regional meeting for Africa of the World Conference on Human rights, 1993).

 

STATE ACTIVITY: (US et AL) fails to recognize that all religious extremism is a threat to security; the US does not recognize the destabilizing effect of the following:

 

The promotion of the spread of Evangelical Christianity around the world, undermining local indigenous cultures, and instilling fear through the dangerous, and absurd belief in the "rapture", "Armageddon" and "left behind" and denigrating other established beliefs and practices

- catering to the fundamentalists inspired by Ed McAteer who in 1983 stated that "nuclear weapons are part of God's design;

- promulgating dispensationalist "end times" scenario which has serious irreversible consequences.

 

LAWFUL ADVOCACY ACTIVITY: has expressed concern about all forms of religious extremism

 

(109) CONDEMNING EXTREMISM AND TERRORISM

 

INTERNATIONAL

Welcomes the declaration adopted by the Assembly of Heads of State and Government of the Organization of African Unity (Dakar, 29 June-1 July 1992) and that of the Tenth Summit of Heads of State or Government of the Movement of Non-Aligned Countries (Jakarta, 1-6 September 1992) condemning extremism and terrorism and calling upon all States to observe scrupulously, in their relations, the principle of non-interference in the internal affairs of other States and to respect the principle of good neighbourliness (3. Tunis Declaration, 1993, report of the regional meeting for Africa of the World Conference on Human rights, 1993).

 

STATE ACTIVITY: (US et AL) fails to recognize that all religious extremism including extremism promoted by states contribute to destabilizing of states, and cultures, particularly indigenous cultures.

The promotion of the spread of Evangelical Christianity around the world, undermining local indigenous cultures, and instilling fear through the dangerous, and absurd belief in the "rapture", "Armageddon" and "left behind" and denigrating other established beliefs and practices

 

STATE ACTIVITY

 

LAWFUL ADVOCACY ACTIVITY

 

3. SOCIAL JUSTICE

 

Social Justice and new international economic order Development

 

(110) ESTABLISHING A NEW INTERNATIONAL ECONOMIC ORDER

 

INTERNATIONAL COMMITMENTS

 

Establishment of a New International Economic Order based on equity, sovereign equality, interdependence, common interest and co-operation among all States, irrespective of their economic and social systems which shall correct inequalities and redress existing injustices, make it possible to eliminate the widening gap between the developed and the developing countries and ensure steadily accelerating economic and social development and peace and justice for present and future generation... (Preamble, Declaration on the Establishment of a new international economic order, 1974)

 

Full and effective participation of developing countries in all phases of decision-making for the formulation of an equitable and durable monetary system and adequate participation of developing countries in all bodies entrusted with this reform and, particularly, in the proposed Council of Governors of the International Monetary Fund (1d., International monetary system... Programme of Action on the Establishment of a New International Economic Order, 1974)

 

STATE ACTIVITY: (Most developed states) have ignored this Declaration, and have instead embraced the economic order established through the Bretton Woods organizations: World Bank and IMF, and supported structural adjustment programs (SAPS)

 

(VENEZUELA) has recently profiled this Declaration when President Hugo Chaves addressed the United Nations at the 2005 World Summit.

 

LAWFUL ADVOCACY ACTIVITY: has included this declaration in a Charter of Obligations which was officially distributed at the UN Conference on Women: Equality, Development and Peace.

 

(111) RECTIFYING INEQUITABLE DISTRIBUTION OF RESOURCES

 

INTERNATIONAL COMMITMENTS

 

Poverty is also closely related to inappropriate spatial distribution of population, to unsustainable use and inequitable distribution of such natural resources as land and water, and to serious environmental degradation (3.13., International Conference on Population and Development, 1994)

 

Despite decades of development efforts, both the gap between rich and poor nations and the inequalities within nations have widened. Serious economic, social, gender and other inequities persist and hamper efforts to improve the quality of life for hundreds of millions of people. The number of people living in poverty stands at approximately 1 billion and continues to mount. (3.11.International Conference on Population and Development, 1994)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

(112)ERADICATING POVERTY, INEQUALITY AND INEQUITY

 

INTERNATIONAL COMMITMENT:

 The eradication of poverty and hunger, greater equality and equity in income distribution and human resources development remain major challenges everywhere. The struggle against poverty is the shared responsibility of all countries (3.1., Combating Poverty, Agenda 21, 1992)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

 

(113) RECOGNIZING CRITICAL SITUATION OF INADEQUATE SOCIAL CONDITIONS

 

INTERNATIONAL OBLIGATION:

Profoundly concerned that the situation of children in many parts of the world remains critical as a result of inadequate social conditions, natural disasters, armed conflicts, exploitation, illiteracy, hunger and disability, and convinced that urgent and effective national and international action is called for and needed (Preamble, Convention on the Rights of the Child, 1989)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

(114) RECTIFYING INEQUALITIES RELATING TO SOCIAL CONDITIONS

 

INTERNATIONAL COMMITMENT:

 

In the World Summit on Population document:

We commit ourselves to promoting and attaining the goals of universal and equitable access to quality education, the highest attainable standard of scholarly, academic, ethical, physical and mental health, and universal access of all to primary health car, making particular efforts to rectify inequalities relating to social conditions, and without distinction as to race, tribe, national origin, gender, age or disability. (Commitment 6, ICPD)

 

STATE ACTIVITY: has generally not listed “social condition” as grounds for which there shall not be discrimination

 

LAWFUL ADVOCACY ACTIVITY: has lobbied for “social condition” as grounds for which there shall not be discrimination, internationally or nationally

 

(115) LISTING "ECONOMIC STATUS" WITHIN GROUNDS FOR WHICH THERE SHALL NOT BE DISCRIMINATION

 

INTERNATIONAL COMMITMENT: Recalling that, since its establishment, the United Nations Educational, Scientific and Cultural Organization has constantly striven for effective realization of the right to education and equality of educational opportunities for all, without distinction as to race, tribe, colour, sex, language, religion, political or other opinion, national or social origin, economic status or birth and that, for many years past,

activities directed to securing the right to education and the extension and improvement of educational and training systems in Member States, more particularly in the developing countries, have occupied a central place in that organization's programme (GA Resolution, The Right to Education 37/178 17, December 1982)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

 

(116) FULFILLING THE RIGHT TO DEVELOPMENT

 

INTERNATIONAL COMMITMENT:

 

The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations. (Principle 3, Rio Declaration, UNCED, 1992)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

 

(117) EXTENDING ACTIVE ASSISTANCE TO DEVELOPING COUNTRIES FREE OF ANY POLITICAL OR MILITARY CONDITIONS

 

INTERNATIONAL COMMITMENT:

Extension of active assistance to developing countries by the whole international community, free of any political or military conditions (4 k., Declaration on the Establishment of a New International Economic Order, 1974)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

Social Justice - right to health

 

 

(118) URGING STATES TO ENSURE IMPLEMENTATION OF THE GLOBAL STRATEGY FOR HEALTH FOR ALL BY THE YEAR 2000, 1981)

 

INTERNATIONAL COMMITMENT:

 

Urges all Member States to ensure the implementation of the Global Strategy as part of their multisectoral efforts to implement the provisions contained in the International Development Strategy (2. The General Assembly Global Strategy for Health for All by the Year 2000, 1981)

 

Urging states to ensure implementation of the Global Strategy for Health

Also urges all Member States to co-operate with one another and with the World Health Organization to ensure that the necessary international action is taken to implement the Global Strategy as part of the fulfillment of the International Development

Strategy (Art. 3. The General Assembly Global Strategy for Health for All by the Year 2000, 1981)

 

STATE ACTIVITY: (MOST STATES) have ignored this long standing commitment to Health for all

 

LAWFUL ADVOCACY:

 

 

(119) PROTECTING HUMAN HEALTH, AND PREVENTING THREATS TO HUMAN HEALTH

 

INTERNATIONAL [EXCLUDED THROUGH THREAT OF REMOVING FUNDS] COMMITMENT

 

COMMENT: World Health Document was prepared by Scientist for negotiation by governments

 

STATE ACTIVITY: Protecting the sugar industry and demanding removal of clauses that would interfere with the industry, and threatening to withdraw funding support

 

LAWFUL ADVOCACY: International ruling by a scientific Panel at World Health Organization about the threat of obesity, and implicated the responsibility of the sugar industry.

 

 

(120) STRIVING TO ENSURE THAT NO CHILD IS DEPRIVED OF HIS OR HER

RIGHT TO ACCESS TO SUCH HEALTH CARE

 

INTERNATIONAL OBLIGATION:

…States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services forth in the present Convention and in other

international human rights or humanitarian instruments to which the said States are Parties (24.1. Convention on the Rights of the Child, 1989)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

(121) RECOGNIZING THE RIGHT OF THE CHILD TO ENJOY THE HIGHEST STANDARD OF HEALTH

 

INTERNATIONAL OBLGATION:

 

States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services…. (Art. 24.1., Convention on the Rights of the Child, 1989)

 

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

(122) ABOLISHING TRADITIONAL PRACTICES PREJUDICIAL TO THE HEALTH OF CHILDREN

 

INTERNATIONAL OBLIGATION:

States Parties shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children (Art. 3. Convention on the Rights of the Child, 1989)

 

STATE ACTIVITY: (MOST ISLAMIC STATES ET AL) have continued to permit practices such a genital mutilation

 

LAWFUL ADVOCACY ACTIVITY: has lobbied against the enshrining of cultural relativism in international instruments, and against practices such as genital mutilation

 

(123) COMBATING DISEASE AND MALNUTRITION WITHIN THE FRAMEWORK OF PRIMARY HEALTH CARE

 

INTERNATIONAL OBLIGATIONS:

States parties shall pursue full implementation of this right and, in particular, shall take appropriate measures: to combat disease and malnutrition including within the framework of primary health care, through inter alia the application of readily available technology and through the provision of adequately nutritious foods and clean drinking water (24.2.c. Convention on the Rights of the Child, 1989)

 

STATE ACTIVITY

 

LAWFUL ADVOCACY ACTIVITY

 

 

(124) DEVELOPING PREVENTIVE HEALTH CARE AND FAMILY PLANNING

 

 INTERNATIONAL OBLIGATION:

 

to develop preventive health care, guidance for parents and family planning education and services (Art. 24. 1. f Convention on the Rights of the Child, 1989)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY: has lobbied for the need to promote health through prevention including prevention of environmentally induced diseases, and poverty related health problems, and for a universally accessible not for profit publicly funded health care system.

 

Social justice and right to food and food security

 

(125) ENDING THE AGE-OLD SCOURGE OF HUNGER

 

INTERNATIONAL COMMITMENT

Time is short. Urgent and sustained action is vital. The conference, therefore, calls upon all peoples expressing their will as individuals, and through their Governments, and non-governmental organizations to work together to bring about the end of the age old scourge of hunger. (Art. 8, Universal Declaration on the Eradication of Hunger and Malnutrition, 1974)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

(126) RECOGNIZE THE GRAVE FOOD CRISIS IN THE DEVELOPING COUNTRIES

 

INTERNATIONAL RECOGNITION

The grave food crisis that is afflicting the peoples of the developing countries where most of the world’s hungry and ill-nourished live and where more than two thirds of the world’s population produce about one third of the world’s food—and imbalance which threatens to increase in the next 10 years—is not only fraught with grave economic and social implications, but also acutely jeopardizes the most fundamental principles and values associated with the right to life and human dignity as enshrined in the Universal Declaration of Human Rights; Universal Declaration on the Eradication of Hunger and Malnutrition, Adopted on 16 November 1974 by the World Food Conference convened under General Resolution 3180 (XXVIII) of 17 December 1973; and endorsed by the General Assembly resolution 3348 (XXIX) of 17 December 1974

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

 

(127) PROCLAIMING THE INALIENABLE RIGHT TO BE FREE FROM HUNGER AND MALNUTRITION

 

INTERNATIONAL COMMITMENT;

             Proclaiming the inalienable right to be free from hunger and malnutrition

Every man, woman and child has the inalienable right to be free from hunger and malnutrition in order to develop fully and maintain their physical and mental faculties. Society today already possess sufficient resources, organizational ability and technology and hence the competence to achieve this objective. Accordingly, the eradication of hunger is a common objective of all the countries of the international community, especially of the developed countries and others in a position to help. (Sect. 1.9.Universal Declaration on the Eradication of Hunger and Malnutrition, 1974)

 

STATE ACTIVITY: Have generally ignored this commitment

 

LAWFUL ADVOCACY ACTIVITY: has called for the need for society to properly channel its resources in ways that will eradicate hunger rather than exacerbate it.

 

 

(128a) PROCLAIMING THAT ERADICATION OF HUNGER IS A COMMON OBJECTIVE OF INTERNATIONAL COMMUNITY

 

INTERNATIONAL COMMITMENT

Proclaiming that eradication of hunger is a common objective of international community

Every man, woman and child has the inalienable right to be free from hunger and malnutrition in order to develop fully and maintain their physical and mental faculties. Society today already possess sufficient resources, organizational ability and technology and hence the competence to achieve this objective. Accordingly, the eradication of hunger is a common objective of all the countries of the international community, especially of the developed countries and others in a position to help. (Art. 1. Universal Declaration on the Eradication of Hunger and Malnutrition, 1974)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY: has lobbied for acting on commitment and for the  need of society to properly channel its resources in ways that will eradicate hunger rather than exacerbate it.

 

(128b) PROCLAIMING THAT A FUNDAMENTAL RESPONSIBILITY OF GOVERNMENTS IS TO WORK FOR...EQUITABLE AND EFFICIENT DISTRIBUTION OF FOOD

 

INTERNATIONAL COMMITMENT

 

Proclaiming that a fundamental responsibility of governments is to work for...equitable and efficient distribution of food

It is a fundamental responsibility of Governments to work together for higher food production and a more equitable and efficient distribution of food between countries and within countries. Governments should shall initiate immediately a greater concerted attack on chronic malnutrition and deficiency diseases among the vulnerable and lower income groups. In order to ensure adequate nutrition for all, Governments should formulate appropriate [shall ensure] food and nutrition policies [are] integrated in overall socio-economic and agricultural development plans based on adequate knowledge of available as well as potential food resources (Sect. 2.10., Universal Declaration on the Eradication of Hunger and Malnutrition, 1974)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

(129) UNDERTAKING ACTIVITIES AIMED AT THE PROMOTION OF FOOD SECURITY

 

INTERNATIONAL COMMITMENT

Undertaking activities aimed at the promotion of food security

Undertake activities aimed at the promotion of food security and, where appropriate, food self-sufficiency within the context of sustainable agriculture (3.7.l., Combating Poverty, Agenda 21, UNCED, 1992)

 

preservation of the environment

To assure the proper conservation of natural resources being utilized, or which might be utilized, for food production, all countries must collaborate in order to facilitate the preservation of the environment, including the marine environment. (Sect. 8., Universal Declaration on the Eradication of Hunger and Malnutrition, 1974)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

Human rights - sanitation

 

(130) ACKNOWLEDGING THE SERIOUSNESS OF LACK OF ACCESS TO BASIC SANITATION

 

INTERNATIONAL EXPECTATION:

 

By the end of the century, over 2 billion people will be without access to basic sanitation, and an estimated half of the urban population in developing countries will be without adequate solid waste disposal services. As many as 5.2 million people, including 4 million children under five years of age, die each year from waste-related diseases. The health impacts are particularly severe for the urban poor. (Universal Declaration on the Eradication of Hunger and Malnutrition, Adopted on 16 November 1974 by the World Food Conference convened under General Resolution 3180(XXVIII) of 17 December 1973; and endorsed by the General Assembly resolution 3348 (XXIX) of 17 December 1974)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

(131) PROVIDING THE POOR WITH ACCESS TO FRESH WATER AND SANITATION

 

INTERNATIONAL COMMITMENT

Provide the poor with access to fresh water and sanitation (3.7. p., Combating Poverty, Agenda 21, UNCED, 1992)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

                                     Human Rights –right to education

 

(132) AFFIRMING THE RIGHT TO EDUCATION

 

INTERNATIONAL

Everyone has the right to education. Education shall be free, at least in the elementary and fundamental states. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit (Art. 26. 1. Universal Declaration of Human Rights, 1948)

 

The States Parties to the present Covenant recognize that, with a view to achieving the full realization of this right:

 (a)  primary education shall be compulsory and available free to all; 

(b)  secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by  the progressive introduction of free education;

 (c)  higher education shall be made equally accessible to all, on the basis of capacity by every appropriate means, and in particular by the progressive introduction of free education;  (d)  fundamental education shall be encouraged or intensified as far as  possible for those persons who have not received or completed the whole period of their primary education;

 (e)  the development of a system of schools at all levels shall be actively pursued, an adequate fellowship system shall be established, and the material conditions of teaching staff shall be continuously  improved.  (Art. 2. International Covenant of Social, Economic and Cultural Rights, 1966)

 

•           Recalling its resolutions 34/170 of 17 December 1979, 35/191 of 15 December 1980 and 36/152 of 16 December 1981 on the right to education,

•           Recalling the International Covenant on Economic, Social and Cultural Rights, adopted by its resolution 2200 A (XXI) of 16 December 1966, which recognizes the right of everyone to education,

•           Bearing in mind the importance of the Convention against Discrimination in Education, adopted on 14 December 1960 by the General Conference of the United Nations Educational, Scientific and Cultural Organization (GA Resolution, The Right to Education 37/178 17 December 1982)

 

Reaffirming the paramount importance of the implementation of the right to education for the full development of the human personality and for the enjoyment of other fundamental human rights and freedoms (GA Resolution, The Right to Education 37/178 17 December 1982)

 

Recalling that, since its establishment, the United Nations Educational, Scientific and Cultural Organization has constantly striven for effective realization of the right to education and equality of educational opportunities for all, without distinction as to race, tribe, colour, sex, language, religion, political or other opinion, national or

social origin, economic status or birth and that, for many years past,

activities directed to securing the right to education and the extension and improvement of educational and training systems in Member States, more particularly in the developing countries, have occupied a central place in that organization's programme (GA Resolution, The Right to Education 37/178 17, December 1982)

 

Develop broad-based education programmes that promote and strengthen respect for all human rights and fundamental freedoms, including the right to development to socially equitable and environmentally-sound development, promote the values of tolerance, responsibility and respect for the diversity and rights of others, and provide training in peaceful conflict resolution, in recognition of the United Nations Decade for Human Rights Education (1995-2005, Commitment 6, ICPD)

 

We commit ourselves to promoting and attaining the goals of universal and equitable access to quality education, the highest attainable standard of scholarly, academic, ethical, physical and mental health…. (Commitment 6, ICPD)

 

Education is a basic human right and is essential and an essential tool for achieving the goals of equality, development, environmental integrity and peace (Platform of Action UN Conference on Women: Equality, Development and Equality, 1995).

 

Recognize and support the right of indigenous people to education in a manner that is responsive to their specific needs, aspirations and cultures, and ensure their full access to health care (g Commitment 6, ICPD)

 

Providing the poor with access to primary education

provide the poor with access to primary education.(3.7.q Combating Poverty, Agenda 21, UNCED, 1992)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

 

(133) DEVELOPING BROAD-BASED EDUCATION PROGRAMS PROMOTING AND STRENGTHENING RESPECT FOR ALL HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

 

INTERNATIONAL COMMITMENT:

 

Develop broad-based education programmes that promote and strengthen respect for all human rights and fundamental freedoms, including the right to development promote the values of tolerance, responsibility and respect for the diversity and rights of others, and provide training in peaceful conflict resolution, in recognition of the United Nations Decade for Human Rights Education (1995-2005, Commitment 6, ICPD)

 

STATE ACTIVITY: has often opposed the introduction of such programmes in the schools

 

LAWFUL ADVOCACY ACTIVITY: has developed a programme –principle based education – placing human rights in the context environment, peace and social justice within a framework of international law

 

The United Nations, through its almost 50 years of operation, has strongly supported the development of international instruments to address the violation of human rights, the escalation of war and conflict, the degradation of the environment, and the denial of equality/equity (including specifically gender Equality/equity) and social justice. Similarly, states have undertaken obligations through international conventions treaties, resolutions, to address these issues.

 

In most of the international documents there has been provision for educating the global community in a way that would achieve the “goals of justice”. To legitimately reflect these issues in education, a complete restructuring of the educational system is essential. The global community should begin to embrace a new vision of education that fosters a commitment to addressing the above issues, along with a stimulation of thinking, in a non-evaluative collaborative environment.

 

Equal access to an educational system that is inequitable, competitive and hierarchical will not provide the necessary changes to address the issues facing the global community. Equal access plus a complete restructuring of the educational system is essential.

 

action to restructure the educational system

 

To achieve the above vision, and to discharge international obligations related to the promotion of socially equitable and environmentally-sound development, peace, and respect for human rights, the international community must move from an inequitable, hierarchical, biased, and competitive, model dependent educational system —a system that reproduces the current socio economic, political global structure to a new vision of education that is one of tolerance cooperation and intellectual stimulation.

 

some actions that could assist in this transformation

 

Ensure that collaboration is emphasized over competition through eliminating all competitive forms of evaluation

 

Provide alternative modes of expression that would facilitate alternative modes of ideation: (Visual, aural, oral, gestural)

 

Encourage the examination of the interdependence of thought rather than the fragmentation of thought (interdisciplinarity rather than exclusively discipline-based education)

 

Include as an integral part of the content of study, analysis of issues based on fundamental principles agreed to through international obligations — related to the fostering of peace, the protection of environmental integrity, the entrenchment of human rights, the achievement of equality/equity and social justice. The instruction in the classroom based on agreed to international principles shall not be perceived as being indoctrination.

 

Eliminate all standardized exams (gender-biased, class-biased, race biased...)

 

Discontinue the privatization of the public education system

 

Ensure that industry is not involved in the determining of philosophical underpinnings of academic education

 

Discontinue the distribution of industry-driven materials in the class room

 

Discontinue industry-driven funded research at all levels

 

Discontinue the imposition of “made in the North” educational materials on the South.

 

...

 

Human Rights - literacy

 

(134) ERADICATING OF ILLITERACY

 

INTERNATIONAL

 

Recognizing that for the effective implementation of the right to education the eradication of illiteracy has a particular priority and urgency

 

Recognizing that for the effective implementation of the right to

education the eradication of illiteracy has a particular priority and urgency, Convinced that the educational process could bring a substantial contribution to social progress, national development, mutual understanding and co-operation among peoples and to strengthening peace and international security, (GA Resolution. The right to education 37/178 17 December 1982)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

(135) PROVIDING ADEQUATE NUTRITIOUS FOODS AND CLEAN DRINKING-WATER TAKING INTO ACCOUNT THE DANGERS AND RISKS OF ENVIRONMENTAL POLLUTION

 

INTERNATIONAL

To combat disease and malnutrition, including with the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water taking into consideration the dangers and risks of environmental pollution (Art. 24. 1. c Convention on the Rights of the Child,

1989)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

Social Justice: housing

 

(136) PROVIDING ACCESS TO SAFE AND HEALTHY SHELTER AND RECOGNIZING THAT THE RIGHT TO ADEQUATE HOUSING AS A BASIC HUMAN RIGHT

 

INTERNATIONAL

 

[provide] access to safe and healthy shelter [which] is essential to a person's physical, psychological, social and economic well-being and should be a fundamental part of national and international action. The right to adequate housing as a basic human right is enshrined in the Universal Declaration of Human rights and the International Covenant on Economic, Social and Cultural rights (7.6, Settlement, Agenda 21, UNCED, 1992)

 

STATE ACTIVITY: has not generally recognized the right to adequate housing as a basic human right

 

LAWFUL ADVOCACY ACTIVITY: has lobbied for the right to adequate housing to be  designated as a basic human right, and for the implementation of programmes that would ensure the guaranteeing of this right.

 

(137B)GIVING PRIORITY TO  …. THE SATISFACTION OF BASIC HUMAN NEEDS

 [Priority must be given to the sustenance of land/water ecosystems, with particular attentions to wetlands and biodiversity, and the satisfaction of basic human needs for drinking-water, health protection and food security] (Prep Com bracketed section. 18.8. Fresh Water, Agenda 21, UNCED, 1992)

 

(137) RECOGNIZING THE DETERMINANTS TO HEALTH PROBLEMS

 

INTERNATIONAL COMMITMENT:

... The prevalence among women of poverty and economic dependence, their experience of violence, negative attitudes towards women and girls, discrimination due to race and other forms of discrimination and lack of influence in decision-making are social realities which have an adverse impact on their health. Lack of and inequitable distribution of food for girls and women in the household and inadequate access to safe water and sanitation facilities, and fuel supplies, particularly in rural and poor urban areas, and deficient housing conditions, overburden women and their families and all negatively affect their health. Good health is essential to leading a productive and fulfilling life [and the right of all women to control their own fertility is basic to their empowerment] (Art. 94, Advance draft, Platform of Action, UN Conference on Women, May 15)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

(138) RECOGNIZING THE RIGHT OF EVERYONE TO AN ADEQUATE STANDARD OF LIVING, INCLUDING FOOD

 

INTERNATIONAL OBLIGATION:

The States... recognize the right of everyone to an adequate standard of living. for himself [herself] and his [her] family, including adequate food, clothing and housing and to the continuous improvement of living conditions. the states parties will take [appropriate~] steps to ensure the realization of this right recognizing to this effect the essential importance of international co-operation based on free consent (Art.11.1, International Covenant of Social Economic and Cultural Rights, 1966)

 

STATE ACTIVITY: (US et AL) has refused to ratify the Covenant, and has lobbied against the inclusion of the right to housing in the Habitat II Agenda

 

LAWFUL ADVOCACY ACTIVITY: has lobbied for the full ratification of the International Covenant of Social, Economic and Cultural Rights, and for inclusion of provisions from ICSECR in the Canadian Charter of Rights and Freedoms

 

(139) [AFFIRMING] THE RIGHT TO AN [ADEQUATE∞ ] STANDARDS OF LIVING

 

INTERNATIONAL COMMITMENT:

They [human beings] have the right to an adequate standard of living for themselves and their families including adequate food, clothing, housing, water (Principle 2. International Conference on Population and Development, 1994)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

(140) PROVIDING ACCESS TO SAFE AND HEALTHY SHELTER

 

INTERNATIONAL COMMITMENT:

[Provide] access to safe and healthy shelter [which] is essential to a person's physical, psychological, social and economic well-being and should be a fundamental part of national and international action. The right to adequate housing as a basic human right is enshrined in the Universal Declaration of Human rights and the International Covenant on Economic, Social and Cultural rights...(7.6., Settlement, Agenda 21, UNCED, 1992)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

 

Social Justice Development

 

(141) TRANSFERRING .7% OF THE GDP TO OVERSEAS AID

 

INTERNATIONAL COMMITMENT

In general, the financing for the implementation of Agenda 21 will come from a country's own public and private sectors. For developing countries, particularly the least developed countries, ODA is a main source of external funding, and substantial new and additional funding for sustainable development and implementation of Agenda 21 will be required. Developed countries reaffirm their commitments to reach the accepted United Nations target of 0.7 per cent of GNP for ODA and, to the extent that they have not yet achieved that target, agree to augment their aid programmes in order to reach that target as soon as possible and to ensure a prompt and effective implementation of Agenda 21. (Chapter 33, 33.15 Agenda 21, UNCED)

[

STATE ACTIVITY: has procrastinated about implementing this long-standing commitment

 

LAWFUL ADVOCACY ACTIVITY. has called for finally acting on this commitment

 

(142) ENSHRINING THE RIGHT TO FREEDOM OF ASSOCIATION

 

INTERNATIONAL COVENANT:

Everyone shall have the right to freedom of association with others,

including the right to form and join trade unions for the protection of his

interests (Art. 22. 1International Covenant of Civil and Political Rights, 1966)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY.

 

 

(143) ENSURING THE RIGHT TO FORM TRADE UNIONS

 

INTERNATIONAL COVENANT:

the right of everyone to form trade unions and join the trade union of his choice, subject only to the rules of the organization concerned, for the promotion and protection of his/her economic and social interests. No restrictions may be placed on the exercise of this right other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others (Art. 8. 1. a International Covenant of Civil and Political Rights, 1966)

 

STATE ACTIVITY: (MANY STATES) have prevented workers from joining trade unions, and from exercising the right to strike. Have continually reclassified areas of work as “essential services” and passed legislation ordering workers back to work.

 

LAWFUL ADVOCACY ACTIVITY. has lobbied for the fulfilling of labour rights and International labour Organization (ILO) Conventions.

 

 

(144) ENSURING THE RIGHT TO STRIKE

 

INTERNATIONAL COMMITMENT:

Ensuring the right to strike in conformity with the law

the right to strike, provided that it is exercised in conformity with

 the laws of the particular country (Art. 8. 1.d International Covenant of Civil and Political Rights, 1966)

 

STATE ACTIVITY: (MANY STATES) have prevented workers from joining trade unions, and from exercising the right to strike. Have continually reclassified areas of work as “essential services” and passed legislation ordering workers back to work.

 

LAWFUL ADVOCACY ACTIVITY.

 

 (145) RECOGNIZING THE RIGHT TO WORK

 

INTERNATIONAL

Recognizing the right to work The States Parties to the present Covenant recognize the

right to work, which includes the right of everyone to the opportunity to

gain his/her living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right (Art. 6. 1. International Covenant of Civil and Political Rights, 1966)

 

Recognizing the right of everyone to work for fair wages

Recognizing the right for equal pay for equal work

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY. has proposed qualifying Recognizing the right to work with [providing the work is not in violation of human rights, does not cause environmental degradation, or does not contribute to conflict and war] . Has lobbied for the implementation of the principle of “fair and just transition” – the recognition by workers that they are engaged in work that is harmful to human health and the environment, and the willingness to move towards a fair and just transition

 

(146) ENSHRINING EQUAL PAY FOR WORK OF EQUAL VALUE

 

INTERNATIONAL OBLIGATION:

Affirming labour rights, protesting against the undermining of labour rights. The right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work; (Article 11.1 d. Convention on the Elimination of All Forms of Discrimination Against Women)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY;

 

 

Social Justice - poverty

 

 

(147) ESTABLISHING EQUITABLE AND FAVOURABLE CONDITIONS OF WORK FOR ALL

 

(148) ASSURING JUST REMUNERATION FOR LABOUR WITHOUT ANY DISCRIMIANTION

 

(149) ASSURING SUFFICIENTLY HIGH MINIMUM TO ENSURE A DECENT STANDARD OF LIVING

 

(150) PROMOTING SOCIAL WELFARE, PROGRESS AND DEVELOPMENT. AND LABOUR RIGHTS

 

 

INTERNATIONAL

 

a the assurance at all levels of the right to work and the right of everyone to form trade unions and workers' associations and to bargain collectively; promotion of full productive employment and elimination of unemployment under employment; establishment of equitable and favourable conditions of work for all, including the improvement of health and safety condition assurance of just remuneration for labour without any discrimination as well as a sufficiently high minimum to ensure a decent standard of living; the protection of the consumer; (article 10, Declaration on Social Welfare, Progress and Development)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY

 

(151) RECOGNIZING THE RIGHT TO SAFE AND HEALTHY WORKING CONDITIONS

 

INTERNATIONAL OBLIGATIONS

 

The States Parties to the present Covenant recognize the right

of everyone to the enjoyment of just and favourable conditions of work,

which ensure, in particular:

•        remuneration which provides all workers, as a minimum, with:

•        fair wages and equal remuneration for work of equal value

without distinction of any kind, in particular women being

guaranteed conditions of work not inferior to those enjoyed by

 men, with equal pay for equal work (a) (i);

•        a decent living for themselves and their families in accordance

 with the provisions of the present Covenant (a) (ii);

safe and healthy working conditions (b);

•        equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than

 those of seniority and competence...

 (Art. 7 International Covenant of Civil and Political Rights, 1966).

 

 

STATE ACTIVITY: has denied labour rights, or has legislated workers back to work

 

LAWFUL ADVOCACY ACTIVITY;

 

 

(152) ELIMINATING POVERTY THROUGH ESTABLISHING BEST LONG- TERM CONDITIONS

 

INTERNATIONAL COMMITMENT

Contain a long-term strategy aimed at establishing the best possible conditions for sustainable local, regional and national development that would eliminate poverty and reduce the inequalities between various population groups. It should assist the most disadvantaged groups - in particular, women, children and youth within those groups - and refugees. The groups will include poor small holders, pastoralists, artisans, fishing communities, landless people, indigenous communities, migrants and the urban informal sector (3.5. c., Combating Poverty, Agenda 21, UNCED, 1992)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY

4. ENVIRONMENT

 

•Environment (harmful substances and practices)

 

(153) WARRANTING RESPECT REGARDLESS OF ITS WORTH TO HUMANS

 

INTERNATIONAL COMMITMENT

 

Ensuring that every form of life is unique, warranting respect regardless of its worth to man [humans] , and to accord other organisms such recognition's, man [human] must be guided by a moral code of action (World Charter of Nature) UN Resolution 37/7), 1982)

 

STATE ACTIVITY (All STATES BUT THE US) made the commitment; the USA was the only state that did not adopt the World Charter of Nature-presumably because of the reference to the military in the Charter. Few states, however, have acted on the above commitment

 

LAWFUL ADVOCACY ACTIVITY; has called for acting on commitment

 

(154) DIRECTING EDUCATION TO DEVELOPING RESPECT FOR THE NATURAL ENVIRONMENT

 

INTERNATIONAL OBLIGATION

 

States Parties agree that the education of the child shall be directed to:

the development of respect for the natural environment. (Article 29, 1.e. Convention on the Rights of the Child, 1989)

 

STATE ACTIVITY: (USA et Al) has not signed and ratified the Convention on the Rights of the Child; other states may or may not have acted on this commitment

 

LAWFUL ADVOCACY ACTIVITY: has lobbied for principle based education- a program based on a framework of international law

 

(155) PROMOTING COMPLIANCE WITH AND ENFORCEMENT OF ALL HEALTH AND ENVIRONMENTAL LAWS

 

INTERNATIONAL COMMITMENT

Promote, where appropriate, compliance with and enforcement of all health and environmental laws, especially in low-income areas with vulnerable groups (Article 75 d Habitat)

 

STATE ACTIVITY: has unevenly acted on this commitment

 

LAWFUL ADVOCACY ACTIVITY: has called for compliance with health and environmental laws

 

(156) PROMOTING SOCIALLY EQUITABLE AND ENVIRONMENTALLY SOUND DEVELOPMENT

 

INTERNATIONAL COMMITMENT:

 ... None the less, the effective use of resources, knowledge and technologies is conditioned by political and economic obstacles at the national and international levels. Therefore, although ample resources have been available for some time, their use for socially equitable and environmentally sound development has been seriously limited (Preamble 1.1. International Conference on Population and Development, 1994)

 

STATE ACTIVITY: has been usually promoting "sustainable development" as business as usual coupled with clean-up technological fix

 

LAWFUL ADVOCACY ACTIVITY: has been promoting socially equitable and environmentally sound development because it combines social and equity with environment and development.

 

***(157) REFRAINING FROM DAMAGING NATURAL RESOURCES BY PRE-

VENTING POLLUTION

To refrain from damaging or deteriorating natural resources and food resources, especially those derived from the sea, by preventing pollution and taking appropriate steps to protect the interests of:

           

            Developing importing countries which cannot afford high prices for   their imports (2.d i, Food Programme of Action to on the            Establishment of a New International Economic Order, 1974)

 

(157) RECOGNIZING ACCESS TO FOOD AS A BASIC HUMAN RIGHT

Reduce vulnerability calls for enhancing food security by recognizing access to food as a basic human right (Prep Com II Reduction and Elimination of Widespread Poverty, UN Secretariat Plan of Action World Summit for Social Development, March 1995)

 

(157B) PROMOTING SAFE FOOD SUPPLY

Sound development is not possible without a healthy population; yet most developmental activities affect the environment to some degree, which in turn causes or exacerbates many health problems. Conversely, it is the very lack of development that adversely affects the health condition of many people, which can be alleviated only through development. The health sector cannot meet basic needs and objectives on its own; it is dependent on social, economic and spiritual development, while directly contributing to such development.It is also dependent on a healthy environment, including the provision of a safe water supply and sanitation and the promotion of a safe food supply and proper nutrition. Particular attention should shall be directed towards food safety, with priority placed on the elimination of food contamination; comprehensive and sustainable water policies to ensure safe drinking water and sanitation to preclude both microbial and chemical contamination; and promotion of health education and [appropriate~] services regarding responsible planning of family size... (6.3., Protecting and Promoting Health, Agenda 21, UNCED. 1992)

 

Continued food crisis violating right to life and human dignity

The grave food crisis that is afflicting the peoples of the developing countries where most of the world’s hungry and ill-nourished live and where more than two thirds of the world’s population produce about one third of the world’s food—and imbalance which threatens to increase in the next 10 years—is not only fraught with grave economic and social implications, but also acutely jeopardizes the most fundamental principles and values associated with the right to life and human dignity as enshrined in the Universal Declaration of Human Rights; Universal Declaration on the Eradication of Hunger and Malnutrition, Adopted on 16 November 1974 by the World Food Conference convened under General Resolution 3180 (XXVIII) of 17 December 1973; and endorsed by the General Assembly resolution 3348 (XXIX) of 17 December 1974

 

157 b PROMOTING FOOD SELF-SUFFICIENCY

 

            This principle is aimed at the promotion of food security and, where appropriate, food self-sufficiency within the context of sustainable agriculture (3.7.l., Combating Poverty, Agenda 21, UNCED, 1992)

 

 

STATE ACTIVITY: has produced, promoted, grown or approved adulterated food such as genetically engineered foods and crops and has led to a deterioration of the food supply, and heritage seeds;

 

LAWFUL ADVOCACY ACTIVITY:had drafted and circulated a global petition calling for the invoking of the precautionary principle, and for banning genetically engineered foods and crops

 

Environment – Environmental impact assessment

 

(158) UNDERTAKING ENVIRONMENTAL IMPACT ASSESSMENT FOR ACTIVITIES THAT ARE LIKELY TO HAVE A SIGNIFICANT ADVERSE IMPACT

 

INTERNATIONAL COMMITMENT;

 

Environmental impact assessment, as a national instrument, shall be undertaken for proposed activities that are likely to have a significant adverse impact on the environment and are subject to a decision of a competent national authority.

Principle 17, Rio Declaration, UNCED, 1992)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

(159) ENSURING THAT RELEVANT DECISIONS ARE PRECEDED BY ENVIRONMENTAL IMPACT ASSESSMENTS

 

Ensure that relevant decisions are preceded by environmental impact assessments and also take into account the costs of any ecological consequences (Agenda 21, UNCED. s 7.42)

 

Introduce appropriate procedures requiring environmental impact assessment of its proposed projects that are likely to have significant adverse effects on Biological diversity with a view to avoiding or minimizing such effects, and where appropriate, allow for public participation in such procedures (Article 14, 1A, Convention on Biological Diversity)

 

STATE ACTIVITY: (JUSCANZ- Negotiating group – Japan, US, Canada, Australia, and New Zealand) generally undermined the Rio Principles at the 2002 World Summit on Sustainable Development. Have often failed to carry out and legitimate environmental impact assessment for corporate and development projects

 

LAWFUL ADVOCADVOCACY ACTIVITY has criticized the common practice of removing elements which would trigger an environmental impact assessment

 

Environment – precautionary principle

 

(160) INVOKING THE PRECAUTIONARY PRINCIPLE TO PROTECT THE ENVIRONMENT

 

INTERNATIONAL

 

the precautionary principle is a principle of international customary law and as such the law of the member states of the United Nations.

 

In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. (Principle 15, Rio Declaration, UNCED, 1992)

 

STATE ACTIVITY: (JUSCANZ- Negotiating group – Japan, US, Canada, Australia, and New Zealand) generally undermined the precautionary principle at the 2002 World Summit on Sustainable Development. The opposition to the precautionary principle was led by the US; the US wanted to limit its use. CANADA concurred with the US, and claimed that the precautionary principle was not even a principle, and that it should not apply to health

 

LAWFUL ADVOCACY ACTIVITY has criticized JUSCANZ at the World Summit on Sustainable Development for gutting the precautionary principle

 

(161) INVOKING THE PRECAUTIONARY PRINCIPE TO CONSERVE BIODIVERSITY

 

INTERNATIONAL OBLIGATIONS:

the precautionary principle is a principle of international customary law and as such the law of the member states of the United Nations.

 

Where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be used as a reason for postponing measures to avoid or minimize such a threat (Preamble, Convention on Biological Diversity, UNCED, 1992).

 

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY has used the precautionary principle and the Convention on Biological Diversity in the Local court system. The Court case was to set aside an injunction and defend citizens who were arrested for protesting the destruction of old growth forests. These citizens were asking little more that for the government to live up to its obligations under the Convention on Biological Diversity. The judge held that all the international law was not judiciable in the regional court.

 

The precautionary principle is increasingly necessary, given the consequences of ozone depletion, climate change, deforestation, acid rain, toxic, hazardous and atomic waste build-up, genetically engineered foods and crops production , breast implants, soil destruction though desertification and chemical dependent agriculture etc. The confluence of grave environmental and health consequences of the current model of overconsumption and reliance on technological fixes has given rise to an increased demand for the invoking and the implementing of the precautionary principle.

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY

 

•Environment and disaster

 

 

(162) ENSURING ADEQUATE REGULATORY ...MEASURES TO PREVENT DISASTERS

 

INTERNATIONAL COMMITMENT: including major technological disasters by ensuring adequate regulatory and other measures to avoid their occurrence and reducing the impacts of natural disasters and other emergencies on human settlements... (27 i, Habitat II, 1996)

 

STATE ACTIVITY;

 

LAWFUL ADVOCACY ACTIVITY

 

(163) DEVELOPING A GLOBAL CULTURE OF PREVENTION

 

INTERNATIONAL COMMITMENT:

Development of a global culture of prevention as an essential componentof (an integrated approach to disaster reduction; (9 a The World Conference on Natural Disaster Reduction, 1994)

 

STATE ACTIVITY: disregarded commitment

 

LAWFUL ADVOCACY ACTIVITY:

 

 

(163) PREVENTING DISASTER IS BETTER THAN DISASTER RESPONSE

 

INTERNATIONAL OBLIGATION AND COMMITMENT

 

Disaster prevention, mitigation and preparedness are better than disaster response in achieving the goals and objectives of the Decade. Disaster response alone is not sufficient, as it yields only temporary results at a very high cost. We have followed this limited approach for too long. This has been further demonstrated by the recent focus on response to complex emergencies which, although compelling, should not divert from pursuing a comprehensive approach. Prevention contributes to lasting improvement in safety and is essential to integrated disaster management (3 a Convention on Natural Disaster, 1994).

 

STATE ACTIVITY: has often been reluctant to act on advice from scientist or citizen to prevent potential disaster, or has relied on questionable science and disregarded the precautionary principle. Has often continued practices that are harmful to human health and the environment but have coupled these practice with clean-up technological fixes.

 

LAWFUL ADVOCACY ACTIVITY: has lobbied for the invoking of the precautionary principle in Call for discharging obligation and acting on commitment

 

 

 (164) EMBRACING PREVENTIVE APPROACH TO AVOID COSTLY SUBSEQUENT MEASURE TO REHABILITATE

 

INTERNATIONAL COMMITMENT

 

A preventive approach, where appropriate, is crucial to the avoiding of costly subsequent measures to rehabilitate, treat and develop new water supplies. (18.45 Fresh water, Agenda 21)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY

 

 

 (164) DEVELOPING A TSUNAMI WARNING SYSTEM FOR LOW LYING DEVELOPING STATES

 

INTERNATIONAL COMMITMENT:

In the document from the 1997 Document from the Earth Summit + 5, every member state made a commitment to institute an early warning system for Tsunami's in low lying state

 

It was not as though the global community did not recognize the urgency of having warning systems in place. In the statement from Rio + 5, every state acknowledged the following:

 

“Natural disasters have disproportionate consequences for developing countries, in particular SIDS. Programmes for sustainable development should give higher priority to

implementation of the commitments made at the World Conference on Natural Disaster Reduction. There is a particular need for the promotion and facilitation of the transfer of early-

warning technologies to those developing countries and countries with economies in transition which are prone to natural disasters.”

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY have called for acting on commitment; For example, at the Earth Summit +5, every state made a commitment to institute early warning systems for Tsunami and hurricanes particularly in developing states.

 

 

(165) NOTIFYING OTHER STATES OF NATURAL DISASTER, OTHER EMERGENCIES OR ADVERSE TRANSBOUNDARY ENVIRONMENTAL EFFECT

 

INTERNATIONAL

States shall immediately notify other States of any natural disasters or other emergencies that are likely to produce sudden harmful effects on the environment of those States.  Every effort shall be made by the international community to help States so afflicted. .(Principle 18, Rio Declaration, UNCED, 1992)

 

 

States shall provide prior and timely notification and relevant information to potentially affected states on activities that may have a significant adverse transboundary environmental effect and shall consult with those states at an early stage and in good faith. .

(Principle 19, Rio Declaration, UNCED, 1992)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

 

Environment – transfer of harmful substances

 

 

(166) PROHIBITING TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES

 

INTERNATIONAL OBLIGATION

Recognizing also the increasing desire for the prohibition of transboundary movements of hazardous wastes and their disposal in other States, especially developing countries (Preamble Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, 1992)

 

transboundary principle

 

STATE ACTIVITY: has disregarded this obligation

 

LAWFUL ADVOCACY ACTIVITY: call for discharging obligations

 

 

(167) PREVENTING THE RELOCATION AND TRANSFER OF ACTIVITIES HARMFUL TO HUMAN HEALTH AND THE ENVIRONMENT

 

INTERNATIONAL COMMITMENT

 

States should shall effectively cooperate to discourage or prevent the relocation and transfer to other States of any activities and substances that cause severe environmental degradation or are found to be harmful to human health. (Principle 14, Rio Declaration, UNCED, 1992)

 

STATE ACTIVITY: produced or permitted the production of toxic, hazardous, atomic waste, and failed to prevent the transfer to other states of substances and activities that are harmful to human health or the environment as agreed at the UN Conferences on the Environment and Development, 1992. Has also argued that the transfer to other states of substance and activities that are harmful to human health and the environment is acceptable providing the receiving state has facilities for dealing with the harmful substances or activities.

 

LAWFUL ADVOCACY ACTIVITY: has condemned the practice of dumping unsafe products in developing states and has called for acting on this commitment

 

(168) OPPOSING THE CONTINUED PRODUCTION AND EXPORT OF PRODUCTS THAT HAVE BEEN BANNED... OR WITHDRAWN

 

(169) PREVENTING IMPORT OF PRODUCTS BANNED OR NOT YET APPROVED IN COUNTRY OF ORIGIN

 

INTERNATIONAL COMMITMENT

  Aware of the damage to health and the environment that the continued production and export of products that have been banned and/or permanently withdrawn on grounds of human health and safety from domestic markets is causing in the importing countries (Preamble Resolution 37/137 Protection against products harmful to health and the environment, 1982)

            Aware that some products, although they present a certain usefulness in specific cases and/or under certain conditions, have been severely restricted in their consumption and/or sale owing to their toxic effects on health and the environment (Preamble Resolution 37/137 Protection against products harmful to health and the environment, 1982)

            Aware of the harm to health being caused in importing countries by the export of pharmaceutical products ultimately intended also for consumption and/or sale in the home market of the exporting country, but which have not yet been approved there,

            Considering that many developing countries lack the necessary

  information and expertise to keep up with developments in this field,

            Considering the need for countries that have been exporting the above-mentioned products to make available the necessary information and assistance to enable the importing countries to adequately protect themselves,

            Cognizant of the fact that almost all of these products are at present manufactured and exported from a limited number of countries,

            Taking into account that the primary responsibility for consumer

  protection rests with each State,

            Recalling its resolution 36/166 of 16 December 1981 and the report

  on "Transnational corporations in the pharmaceutical industry of the

   developing countries", and acting in pursuance of Economic and Social Council resolution 1981/62 of 23 July 1981,

             Bearing in mind in this context the work of the Food and Agriculture

Organization of the United Nations, the World Health Organization, the

 International Labour Organization, the United Nations Environment

 Programme, the General Agreement on Tariffs and Trade, the Centre on Transnational Corporations and other relevant intergovernmental

organizations (Preamble, Resolution 37/137 Protection against products harmful to health and the environment, 1982)

 

STATE ACTIVITY: has disregarded the expectations created under this resolution, and has continued to export products like DDT the continued transfer to other states -usually developing countries- of products that have been banned or restricted in developed country of origin

 

LAWFUL ADVOCACY ACTIVITY: have exposed for years this activity. For example, a product called Orobolin was sold in the developing countries as a growth hormone for children but in developed countries there was a caveat that it was dangerous for children

 

 

 

Environment – transboundary principle

 

(170) ENFORCING THE TRANSBOUNDARY PRINCIPLE

 

INTERNATIONAL OBLIGATION

states shall take all measures necessary to ensure that activities under their jurisdiction or control are so conducted as not to cause damage by pollution to other States and their environment, and that pollution arising from incidents or activities under their jurisdiction or control does not spread beyond the areas where they exercise sovereign rights in accordance with this Convention. (Art. 194. 2., Law of the Seas, 1982)

 

 

States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction. (Principle 2, Rio Declaration, UNCED, 1992)

 

 

STATE ACTIVITY:  (USA) attempted at the Prep Com to delete this principle arguing that it was the same as principle 14 (non- transference to other states of harmful substances or activities)

 

 Has enforced this principle when it interests the United States (case with Cominco

 

 

LAWFUL ADVOCACY ACTIVITY: has called for this principle to be applied in numerous activities that originate in the United States and impact on Canada (e.g. Devil's lake)

 

(171) DEVELOPING FURTHER INTERNATIONAL LAW REGARDING LIABILITY AND COMPENSATION FOR ADVERSE EFFECTS …TO JURISDICTION ..TO AREAS BEYOND THEIR JURISDICTION

 

INTERNATIONAL COMMITMENT

        States shall develop national law regarding liability and compensation for the victims of pollution and other environmental damage. States shall also cooperate in an expeditious and more determined manner to develop further international law regarding liability and compensation for adverse effects of environmental damage caused by activities within their jurisdiction or control to areas beyond their jurisdiction.(Principle 13, Rio Declaration, UNCED, 1992)

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY: has argued that this principle is complementary to the transboundary principle, because it requires compensation if the transboundary principle is violated.

 

Environment – ecological footprint

 

 

(172) REDUCING THE ECOLOGICAL FOOTPRINT

 

INTERNATIONAL COMMITMENT

Promoting changes in unsustainable production and consumption patterns, particularly in industrialized countries...settlement structures that are more sustainable, reduce environmental stress , promote the efficient and rational use of natural resources- including water, air, biodiversity, forests, energy sources and land - and meet basic needs thereby providing a healthy living and working environment for all and reducing the ecological footprint of human settlements; (27 b, Habitat II, 1996)

 

STATE ACTIVITY: :Generally ignored this commitment, has often left its footprint

 

LAWFUL ADVOCACY ACTIVITY: has made life cycle diagrams displaying the ecological footprint

 

Environment – renewable energy

           

 (173) ADVOCATING RENEWABLE ENERGY

 

INTERNATIONAL COMMITMENT         

 

New and renewable energy sources are solar thermal, solar photovoltaic, wind, hydro, biomass, geothermal, ocean, animal and human power, as referred to in the reports of the Committee on the Development and Utilization of New and Renewable Sources of Energy, prepared specifically for the Conference (Chapter 9, Agenda 21, 1992).

 

LAWFUL ADVOCACY ACTIVITY:: calling for time bound elimination of subsidies for environmentally unsustainable energy

 

1. PROCRASTINATION AND REGRESSION ON ENERGY

Press release sent out from Johannesburg, on August 31, 2002

 

The current negotiations on energy at the WSSD indicate that the institutional collusion between governments and the corporate unsustainable energy sector have succeeded in undermining obligations and commitments made at Rio. The negotiators and now the ministers have little respect for precedents established though conference action plans or conventions.

 

In the WSSD Implementation document, the current energy text supported by US, Canada, Australia and Japan will lead to further non compliance with the Framework Convention on Climate Change which all four have signed and ratified. These countries have already far exceeded the obligation in the convention to reduce greenhouse gases to 1990 levels by the year 2000.

 

In the current negotiations USA< Canada and Australian (dubbed during the WSSD conference as "the axis of environmental evil") have undermined obligations incurred through Framework Convention on Climate Change and Commitments made through Chapter 9 on Atmosphere in Agenda 21 in endorsing the following actions:

 

• Backing off from instituting timetables for phasing out energy subsidies for unsustainable energy sources

• Failing to establish targets for phasing out unsustainable energy sources and the phasing in of sustainable renewable energy reneging on years f commitments address the issue of climate change

• Disagreeing with 15% of renewable to total energy source

 

In Rio, USA, Canada, Australia, and Japan along with other members states of the United Nations incurred an obligations in the Framework Convention " to anticipate, prevent or minimize the cause of climate change and mitigate its adverse effects".

 

To discharge this obligation the countries must adopt the following wording in the document.

 

19 e " Commit to increase to 10% by 2007, and 25% by 2012, the share of new renewable energy. Commit to expand production and consumption of new, sustainable forms of renewable energy (excluding large-scale hydropower) especially wind, solar, small-scale biogas, and micro-hydropower) to at lest 10% by 2007 and 25% by 2012 of total primary energy, using all appropriate means, such as national mandates to support renewable portfolio standards in the energy portfolio mix of utilities and net metering and 'green' choice for consumers in grid-connected areas. (Proposed text by NGO Energy Caucus)

 

 

19 (p bis) Adopt at the national level, policies leading to timetables for progressively disclosing and phasing out energy subsidies which inhibit sustainable development except for subsidies provided directly to low-income persons. Developed countries should lead the way and subject to a satisfactory review in 2007 they could be followed progressively by developing countries except for the least developed countries. 20% of such phased out funds should be contributed to finance an international fund for sustainable energy that would support energy conservation and sustainable forms of renewable energy projects in low income areas of developing countries and economies in transition as well as monitor the disclosure and phasing our of such subsidies" [proposal of the NGO Energy Caucus.]

 

Environment – climate change

 

(174) REMOVING THE THREAT OF CLIMATE CHANGE

 

INTERNATIONAL COMMITMENT AND OBLIGATION

 

In Toronto, at the Changing Atmosphere conference hosted by Canada in 1988, Canada received this warning:

 

“Humanity is conducting an unintended, uncontrolled, globally pervasive experiment whose ultimate consequence could be second only to a global nuclear war. the Earth’s atmosphere is being changed at an unprecedented rate by pollutants resulting from wasteful fossil fuel use ... These changes represent a major threat to international security and are already having harmful consequences over many parts of the globe.... it is imperative to act now. Climate Change in the Conference statement, Changing Atmosphere Conference in 1988.

 

Canada signed (June 1992) and ratified (December, 1992) the Climate Change Convention. In the Climate Change Convention, Canada through signing and ratifying the Framework Convention on Climate Change incurred obligations to reduce Greenhouse gas emissions, to invoke the precautionary principle, to “conserve and enhance sinks” and “to document sinks”.

 

-Acknowledging that change in the Earth's climate and its adverse effects are a common concern of humankind,

-Concerned that human activities have been substantially increasing the atmospheric concentrations of greenhouse gases, that these increases enhance the natural greenhouse effect, and that this will result on average in an additional warming of the Earth's surface and atmosphere and may adversely affect natural ecosystems and humankind,

-Noting that the largest share of historical and current global emissions of greenhouse gases has originated in developed countries, that per capita emissions in developing countries are still relatively low and that the share of global emissions originating in developing countries will grow to meet their social and development needs,  (Preamble, Framework Convention on Climate Change, 1992)

 

-Each of these Parties shall adopt national policies and take corresponding measures on the mitigation of climate change, by limiting its anthropogenic emissions of greenhouse gases and protecting and enhancing its greenhouse gas sinks and reservoirs.

 

-The Parties should take precautionary measures to anticipate, prevent or minimize the causes of climate change and mitigate its adverse effects. Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing such measures, taking into account that policies and measures to deal with climate change should be cost-effective so as to ensure global benefits at the lowest possible cost. 3. (Preamble, Framework Convention on Climate Change, 1992)

 

STATE ACTIVITY: has continued to demonstrate its lack of resolve to seriously address discharge its international obligations, and until Canada is willing to fulfill these obligations through enacting the necessary legislation with mandatory standards and regulations, little substantial change will occur. Has often supported proposed solutions that are potentially worse or as bad as the problem they are intended to solve. {even though the government Future problem avoidance principle:         

The addressing of one environmental problem should not itself be an action that could cause irreversible harm (Standing Committee on Environment “ Out of Balance; The Risks of Irreversible Climate Change, 1991) [the promotion of nuclear energy as the solution to climate change]

 

LAWFUL ADVOCACY ACTIVITY: has lobbied nationally and internationally for comprehensive measures to reduce greenhouse gases and to conserve carbon sinks.

 

Actions

1..        Preserve and enhance sinks (forests and bogs), [as required in the Climate Change Convention] , in particular preserve large areas of original growth and conservation corridors. Cease all further logging of old growth forests

2.         Ban all forest practices such as clear cut logging and broadcast burn that reduce carbon sinks on crown and private lands

3.         Encourage afforestation and restoration of damaged forest ecosystems such as on Not Sufficiently Restocked land

4. .       Phase out the use of fossil fuels and nuclear energy (as recommended in the Nobel Laureate Declaration prepared for UNCED) and immediately ban all further development and export of CANDU reactors.

5.         Establish and enforce a national dedicated program for energy conservation and efficiency

6.         Establish extensive networks of alternative environmentally safe and sound means of transportation (Agenda 21), move away from car-dependency, and cease the construction of all new highways.

7.         Reduce the ecological footprint as agreed in Habitat II

8.         Synthesize the existing scientific information. No new studies are required to demonstrate that it is necessary to reduce anthropogenic emissions. “Inaction is negligence” (Digby McLaren, Past President of the Royal Society , Global Change Conference, 1991)

9.         Adaptive measures shall not be used as a justification for not acting to preserve existing sinks and to prevent anthropogenic sources of greenhouse gases.

10.       Prohibit the proposals to seek far-off Southern carbon sinks to justify maintaining northern consumptive patterns. — Buying old growth forests to offset Canada's CO2 emissions)

11        Avoid carbon emissions trading because this practice legitimizes continuing currently harmful emission practices

12.       Transfer all energy-directed funding into renewable energies that are ecologically safe and sound 

13.       Transfer a significant proportion of the $10 billion military budget to assist in implementing the above measures and in job conversion with a just transition job plan for sunset industries (1993-1996)

 

has supported the following internationally at conferences on climate change:

a.. At least a 20% Reduction in CO2 and other Greenhouse gas emissions

 from 1990 levels by the year 2000

b. Reducing CO2 emissions and other Greenhouse gas emissions to 50% by 2015 as proposed by NGO's in the international conference in 1988

c. Ending of government subsidies for production of fossil fuel

and nuclear energy, and implementing a phasing out of the

use of fossil fuels and nuclear energy

d. Increasing of programs for energy conservation, energy

efficiency, and for renewable sources of energy, and for

conserving and restoring carbon sinks.

e. Moving away from car dependency, reducing the ecological

footprint, and promoting environmentally sound energy and

transportation (1992, 1994, revised 1997 for Kyoto)

 

 

(175) PREVENTING DANGEROUS ANTHROPOGENIC INTERFERENCE WITH THE CLIMATE CHANGE.

 

INTERNATIONAL COMMITMENT

 

       The ultimate objective of this Convention and any related legal instruments that the Conference of the Parties may adopt is to achieve, in accordance with the relevant provisions of the Convention, stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. Such a level should be achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner.(Art. 2. Objective, Framework Convention on Climate Change, UNCED)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY

 

(176) ADHERING TO THE PRECAUTIONARY PRINCIPLE AND ANTICIPATE, PREVENT AND MINIMIZE THE CAUSES OF CLIMATE CHANGE

 

INTERNATIONAL OBLIGATION

 

The Parties should take precautionary measures to anticipate, prevent or minimize the causes of climate change and mitigate its adverse effects. Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing such measures, taking into account that policies and measures to deal with climate change should be cost-effective so as to ensure global benefits at the lowest possible cost. To achieve this, such policies and measures should take into account different socio-economic contexts, be comprehensive, cover all relevant sources, sinks and reservoirs of greenhouse gases and adaptation, and comprise all economic sectors. Efforts to address climate change may be carried out cooperatively by interested Parties. (Article 3. Framework Convention on Climate Change, 1992, UNCED)

 

STATE ACTIVITY: has generally procrastinated about Climate Change; Many academics funded by the coal, oil and gas industries were ignoring the precautionary principle and denouncing the decision of the Intergovernmental panel on Climate Change

 

 To achieve this, such policies and measures should take into account different socio-economic contexts, be comprehensive, cover all relevant sources, sinks and

reservoirs of greenhouse gases and adaptation, and comprise all economic sectors. Efforts to address climate change may be carried out co-operatively by interested Parties. (Climate Change Convention, 1992)

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY

 

(177) PROTECTING THE CLIMATE SYSTEM FOR THE BENEFIT OF PRESENT AND FUTURE GENERATIONS

 

INTERNATIONAL OBLIGATIONS

•        The Parties should protect the climate system for the benefit of present and future generations of humankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities. Accordingly, the developed country Parties should take the lead in combating climate change and the adverse effects thereof. (Article 3 Framework Convention on Climate Change, 1992, UNCED)

 

STATE ACTIVITY: has supported the rights of future generations providing these rights did not impact on political or corporate interests

 

LAWFUL ADVOCACY: has lobbied for the inclusion, in the Constitution, of ecological rights to preservation of cultural and natural heritage, and has lobbied nationally and internationally for a clear determination of what would constitute the guaranteeing of and the implementing of the rights of future generations; 

 

Environment – Sustainable production

 

(178) RECOGNIZING THAT ECOLOGICAL PROBLEMS ARE DRIVEN BY UNSUSTAINABLE PATTERNS OF PRODUCTION AND CONSUMPTION

 

INTERNATIONAL COMMITMENT:

 

To achieve sustainable development and a higher quality of life for all people, States should reduce and eliminate unsustainable patterns of production and consumption and promote appropriate demographic policies. (Principle 8, Rio Declaration, UNCED, 1992)

 

Growing recognition of the importance of addressing consumption has also not yet been matched by an understanding of its implications. Some economists are questioning traditional concepts of economic growth and underlining the importance of pursuing economic objectives that take account of the full value of natural resource capital. More needs to be known about the role of consumption in relation to economic growth and population dynamics in order to formulate coherent international and national policies. 4.6. Changing Consumption Patterns, UNCED

 

           

Ecological problems, such as global climate change, largely driven by unsustainable patterns of production and consumption, are adding to the threats to the well-being of future generations. (Preamble, 1.2 International Conference on Population and Development, 1994)

 

STATE ACTIVITY: has disregarded the causal relation between ecological problems and unsustainable production and consumption

 

LAWFUL ADVOCACY ACTIVITY: has lobbied for the moving away from unsustainable production and consumption, and the overconsumptive model of development, and the dogma of economic growth at any cost

 

 EXHIBIT; SEPTEMBER 1999 Oaxaca Declaration

 

We, representatives and observers from Green and Ecological parties coming from Africa, South America, Central America, North America, Asia, Europe, Oceania and Australia, gathered at Oaxaca, among the Zapotec peoples, by invitation of the Federation of Green Parties of the Americas and the Federation of Ecological and Green Parties of Africa,

 

Considering that the year 2000 is approaching, and considering the failure of the current models of development:

 

1. We denounce the military, industrial, financial complex and its role embodied in the multinationals, and its contribution to the degradation of ecosystems, climate change, loss of biodiversity, food insecurity (alteration of food through transgenic organisms and agribusiness), increased social injustice, and the violation of human rights and democracy;

 

2. We condemn overconsumption and the dogma of economic growth at any cost, the destruction of the tropical and temperate forests and ecosystems, and all actions leading to desertification, and the international transfer of hazardous, toxic and nuclear wastes to poor countries;

 

3. We support the canceling of third world debt, the development of socially equitable and environmentally sound economic alternatives, particularly programs for the workers and communities affected by change, and we promote patterns of consumption that are compatible with the environment;

 

4. We uphold the equality of all humans, and demand the full guarantee and respect for civil and political rights of all individuals and all peoples, especially those of indigenous peoples, the recognition of cultural and social diversity, and we dispel the myth of cultural superiority;

 

5. We are convinced that cooperation rather than competition, the prevention of conflicts, the elimination of weapons of mass destruction, the drastic reduction in the arms trade, the suppression of the nuclear industry are the prerequisites for ensuring that the guaranteeing of human rights including the right to food, potable water, clean air, shelter, education, health and labour rights  supersede vested economic interests;

 

 

(179) ABANDONING UNSUSTAINABLE PATTERNS OF PRODUCTION AND CONSUMPTION

 

Ecological problems, such as global climate change, largely driven by unsustainable patterns of production and consumption, are adding to the threats to the well-being of future generations. (Preamble, 1.2 International Conference on Population and Development, 1994)

 

STATE ACTIVITY: has generally promoted unsustainable patterns of production and consumption

 

LAWFUL ADVOCACY ACTIVITY: has lobbied for the moving away from unsustainable production and consumption, and the overconsumptive model of development, and the dogma of economic growth at any cost

 

(180) ENCOURAGING CHANGES IN UNSUSTAINABLE CONSUMPTION PATTERNS

 

INTERNATIONAL COMMITMENTS

 

Linking of health population and overconsumption and inappropriate development (3.2 International Conference on Population and Development)

 

Poverty and environmental degradation are closely interrelated. While poverty results in certain kinds of environmental stress, the major cause of the continued deterioration of the global environment is the unsustainable pattern of consumption and production, particularly in industrialized countries, which is a matter of grave concern, aggravating poverty and imbalances.(4.3 Changing Consumption Patterns, UNCED)

 

Measures to be undertaken at the international level for the protection and enhancement of the environment must take fully into account the current imbalances in the global patterns of consumption and production.

 

Special attention should be paid to the demand for natural resources generated by unsustainable consumption and to the efficient use of those resources consistent with the goal of minimizing depletion and reducing pollution. Although consumption patterns are very high in certain parts of the world, the basic consumer needs of a large section of humanity are not being met. This results in excessive demands and unsustainable lifestyles among the richer segments, which place immense stress on the environment. The poorer segments, meanwhile, are unable to meet food, health care, shelter and educational needs. Changing consumption patterns will require a multi-pronged strategy focusing on demand, meeting the basic needs of the poor, and reducing wastage and the use of finite resources in the production process. 4.5. Changing Consumption Patterns, UNCED

 

Growing recognition of the importance of addressing consumption has also not yet been matched by an understanding of its implications. Some economists are questioning traditional concepts of economic growth and underlining the importance of pursuing economic objectives that take account of the full value of natural resource capital. More needs to be known about the role of consumption in relation to economic growth and population dynamics in order to formulate coherent international and national policies. 4.6. Changing Consumption Patterns, UNCED

 

(181 B) NOT RELAXING ENVIRONMENTAL STANDARDS TO ATTRACT INDUSTRY

Article 1114:  Environmental Measures

 

1.       Nothing in this Chapter shall be construed to prevent a Party from adopting, maintaining or enforcing any measure otherwise consistent with this Chapter that it considers appropriate to ensure that investment activity in its territory is undertaken in a manner sensitive to environmental concerns.

 

2.       The Parties recognize that it is inappropriate to encourage investment by relaxing domestic health, safety or environmental measures.  Accordingly, a Party should not waive or otherwise derogate from, or offer to waive or otherwise derogate from, such measures as an encouragement for the establishment, acquisition, expansion or retention in its territory of an investment of an investor.  If a Party considers that another Party has offered such an encouragement, it may request consultations with the other Party and the two Parties shall consult with a view to avoiding any such encouragement.

 

 

 

5.INTERNATIONAL LAW

 

International law multilateralism

 

(181) REVIEWING AND PROMOTING MULTILATERALISM

 

INTERNATIONAL COMMITMENT

 

 Bearing in mind that multilateral treaties are an important means of ensuring co-operation among States and an important primary source of international law,

 

Conscious, therefore, that the process of elaboration of multilateral treaties, directed towards the progressive development of international law and its codification, forms an important part of the work of the United Nations and of the international community in general,

 

Aware of the heavy burden which active involvement in the process of multilateral treaty-making places upon Governments,

 

Convinced that the most rational use should be made of the finite resources available for the elaboration of multilateral treaties,

 

Aware that the Asian-African Legal Consultative Committee has been reviewing certain aspects of multilateral treaty-making

 

Taking note of the reports of the Secretary-General submitted to the General Assembly at its thirty-fifth, thirty-sixth and thirty-seventh sessions, including the replies and observations made by Governments and international organizations on the review of the multilateral treaty-making process,

 

Having considered the report of the Working Group on the Review of the Multilateral Treaty-Making Process established pursuant to resolution 36/112 of 10 December 1981 to review the multilateral treaty-making process, and noting that the Working Group will require more time to complete its mandate as provided in paragraph 2 of that resolution,

 

Taking into account the statements made at the current session in the debate in the Sixth Committee,

 

1.  Decides to reconvene, at its thirty-eighth session, the Working Group with the aim of completing the examination of the matters referred to in paragraph 2 of resolution 36/112;

 

2.  Reiterates its request to the Secretary-General to prepare and publish as soon as possible new editions of the Handbook of Final Clauses and the Summary of the Practice of the Secretary-General as Depositary of Multilateral Agreements, taking into account relevant

new developments and practices in that respect;

 

STATE ACTIVITY: has usually disregarded precedents from international instrument; States have very short institutional memory, and go to international conferences and re-negotiate what has already been negotiated, and often undermine previous obligations and commitments. There also appears to be little interest in examining the complexity and interdependence of issues and as a result often there is inconsistency.

 

LAWFUL ADVOCACY ACTIVITY: has proposed that lawyers in each organ, such as UNEP. UNCHR, UNDP, UNIFEM FAO, UNIDO, UNESCO, UNEP, and ILOetc of the UN monitor the precedents in their area of expertise, and when new agreements are being negotiated they should inform the chair of the precedents. In 2002, at the WSSD, many of the member states anticipated that the US, because of various unilateral positions taken at the conference was planning on abandoning multilateralism. There was a concerted attempt to introduce language related to the importance of multilateralism.

 

The peace caucus proposed the following wording:

 

5. Peace, security, stability [amend and retain: disarmament, and respect for human rights and cultural diversity] are essential for achieving sustainable development and ensuring that sustainable development benefits all. [Peace caucus]

 

5.bis We underline the urgent need to put an end to the adoption and application of the unilateral coercive measures inconsistent with international law and the Charter of the United Nations. Peace depends on the prevention of the use or threat of the use of force, aggression, military occupation, interference in the internal affairs of others, the elimination of domination, discrimination, oppression and exploitation, as well as of gross and mass violation of human rights and fundamental freedoms. [Peace caucus]

 

5.terReaffirm that warfare is inherently destructive of sustainable development as agreed in Rio Declaration Principle 24. [Peace caucus]

 

there was a reference to unilateral measures but outside of the context of peace.

WSSD88.(bis) [Agreed] Take steps with a view to the avoidance of and refrain from any unilateral measure not in accordance with international law and the Charter of the United Nations that impedes the full achievement of economic and social development by the population of the affected countries, in particular women and children, that hinders their well-being and that creates obstacles to the full enjoyment of their human rights, including the right of everyone to a standard of living adequate for their health and well-being and their right to food, medical care and the necessary social services. Ensure that food and medicine are not used as tools for  political pressure. 

 

(182) REVIEWING THE MULTILATERAL TREATY MAKING PROCESS

 

INTERNATIONAL

 3.  Decides to include in the provisional agenda of its thirty-eighth session the item entitled "Review of the multilateral treaty-making process".

 

 The General Assembly, Review of the multilateral treaty-making process, 16 December 1982

 

STATE ACTIVITY

 

LAWFUL ADVOCACY ACTIVITY

 

(183) COMPLYING WITH INTERNATIONAL OBLIGATIONS AND COMMITMENTS

 

INTERNATIONAL:

 to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained. (preamble, Charter of the United Nations)

 

STATE ACTIVITY: Refuses to accept the jurisdiction of the international court of justice

 

LAWFUL ADVOCACY ACTIVITY: Calling upon the state to accept the jurisdiction, and enforce the decision

 

(i) disregarded obligations incurred through conventions, treaties, and covenants; and commitments made through conference action plans related to Common security - peace, environment, human rights and social justice;

 

(ii) failed to sign, failed to ratify, failed to enact the necessary legislation to ensure compliance with, or respect for Common Security international Conventions, Covenants and Treaties;

 

(iii) undermined international obligations incurred through Conventions, Treaties, and Covenants, and commitments through UN Conference Action Plans, related to Common Security -peace, environment, human rights and social justice;

 

(iv) failed to act on commitments made through UN Conference Action Plans, or failed to fulfill expectations created through General Assembly Resolutions;

 

 

•International law; corporate compliance

 

(184) ENSURING THAT CORPORATION COMPLY WITH INTERNATIONAL LAW

 

INTERNATIONAL COMMITMENT

 

Regulation and supervision of the activities of transnational corporations by taking measures in the interest of the national economies of the countries where such transnational corporations operate on the basis of the full sovereignty of those countries (4g., Declaration of a New International Economic Order,1974)

 

Ensuring that transnational corporations comply with... laws...codes...

[Ensure that transnational corporations comply with national laws and codes, social security regulations and international environmental laws] (167 m Advance draft, Platform of Action, UN Conference on Women, May 15)

 

[Requiring] Encouraging transnational and national corporations to comply with safety laws

By requiring [encouraging] [transnational and national corporations] [by the private sector]:

comply with Observe national labour environment, consumer, health and safety laws, particularly those that affect women. (179 c Advance draft, Platform of Action, UN Conference on Women, May 15)

[the following references to industry: re training for industry (84 j); Technical assistance (258). Only mention of impact appears to be in section 257]

 

 

[Requiring] Encouraging transnational and national corporations to comply with safety laws

By requiring [encouraging] [transnational and national corporations] [by the private sector]:

comply with Observe national labour environment, consumer, health and safety laws, particularly those that affect women. (179 c Advance draft, Platform of Action, UN Conference on Women, May 15)

[the following references to industry: re training for industry (84 j); Technical assistance (258). Only mention of impact appears to be in section 257]

 

Regulation and supervision of the activities of transnational corporations by taking measures in the interest of the national economies of the countries where such transnational corporations operate on the basis of the full sovereignty of those countries (4g., Declaration of a New International Economic Order,1974)

 

            Limiting the power of transnational corporations through charters

When we look at the history of our states [US] we learn that citizens intentionally defined corporations through charters or the certificates of incorporation. In exchange for the charter, a corporation was obligated to obey all laws, to serve the common good, and to cause no harm. Early state legislators wrote charter laws and actual charters to limit corporate authority, and to ensure that when a corporation caused harm, they could revoke its charter. (Grossman, R.. Taking Care of Business: Citizenship and the Charter of Incorporation)

A corporation in law is just what the incorporating act makes it. It is the creature of the law and may be molded to any shape or for any purpose that the Legislature may deem most conducive for the general good. (Grossman, R.. Taking Care of Business: Citizenship and the Charter of Incorporation)

 

Revoking Charters of transnationals

          Revoke Charters of Incorporation of industries and transnationals that have caused environmental destruction, violated human rights, and contributed to conflict or war (Recommendation to NGO Response to Platform of Action - agreed to by consensus but not included in the NGO submission)

 

Implementing International Code of Conduct for transnationals

            All efforts should shall be made to formulate, adopt and implement an international code of conduct for transnational corporations (V. REGULATION AND CONTROL OVER THE ACTIVITIES OF TRANSNATIONAL CORPORATIONS Programme of Action on the Establishment of a New International Economic Order, 1974)

 

Preventing of interference of transnationals in the internal affairs of states

To prevent interference in the internal affairs of the countries where they operate and their collaboration with racist regimes and colonial administrations (V a., REGULATION AND CONTROL OVER THE ACTIVITIES OF TRANSNATIONAL CORPORATIONS Programme of Action on the Establishment of a New International Economic Order, 1974)

 

Seeking compensation from transnational Companies and other market representatives

Transnational Companies and other market representatives shall be responsible for paying compensation for denying social justice, for causing environmental degradation, for violating human rights, for contributing to violence, for escalating conflict, and (Global Compliance Research Project)

 

(185) ENSURING THAT TRANSNATIONAL CORPORATIONS COMPLY WITH... LAWS...CODES...

[ENSURE THAT TRANSNATIONAL CORPORATIONS COMPLY WITH NATIONAL LAWS AND CODES, SOCIAL SECURITY REGULATIONS AND INTERNATIONAL ENVIRONMENTAL LAWS] (167

 

INTERNATIONAL>

Ensuring that transnational corporations comply with... laws...codes...

[Ensure that transnational corporations comply with national laws and codes, social security regulations and international environmental laws] (167 m Advance draft, Platform of Action, UN Conference on Women, May 15)

 

[Requiring] Encouraging transnational and national corporations to comply with safety laws By requiring [encouraging] [transnational and national corporations] [by the private sector]: comply with Observe national labour environment, consumer, health and safety laws, particularly those that affect women. (179 c Advance draft, Platform of Action, UN Conference on Women, May 15)

 

(186) ENSURING PRIVATE SECTOR COMPLIES

 

INTERNATIONAL

 Encourage the adoption of policies for the creation and development of the private sector and promote strategies for substantial and well-directed public and private investments in construction inter alia, the provision of appropriate technical and financial assistance; in addition encourage Governments to promote strategies to ensure that the private sector, including transnational corporations, comply with national laws and codes, social security regulations, applicable international agreements, instruments and conventions, including those related to the environment, and other relevant laws, and adopt policies and establish mechanisms to grant contracts on a non-discriminatory basis; recruit women for leadership, decision-making and management and provide training programmes, all on a equal basis with men; and observe national labour, environment, consumer, health and safety laws, particularly those that affect women and children (Article148 * e, Habitat II)

 

STATE ACTIVITY: DISREGARD COMMITMENT

 

LAWFUL ADVOCACY ACTIVITY; Call for acting on the commitment

proposed mandatory international ethical normative (mien) standards and enforceable regulations to drive industry to conform to international law, and supported corporate "voluntary compliance";

and called for the revocation of charters and licences of corporations that have violated human rights, including labour rights, that have contributed to war and violence, and that have led to the destruction of the environment.

 

• International law undermined by Trade law

 

(187) OPPOSING TRADE AGREEMENTS THAT UNDERMINE INTERNATIONAL COMMON SECURITY

 

 

STATE ACTIVITY:

 

LAWFUL ADVOCACY ACTIVITY:

OPPOSED the privatization of public services such as water, and health care, and reduced funding for universities, and promoted corporate funding of education and corporate direction of research;

 

OPPOSED THE globalization, deregulation and privatization through promoting trade agreements, such as the WTO/FTAA/NAFTA etc that undermine the rule of international public trust law;

 

•Information

 

(188) PROTECTING THE PRIVACY INHERENT IN THE RETENTION OF INFORMATION

 

INTERNATIONAL COMMITMENT:

 

Guidelines for the regulation of computerized personal data files adopted by the General Assembly resolution 45/95 Dec. 14, 1990

the procedures for implementing regulations concerning computerized personal data files are left to the initiative of each state subject to the following orientations:

 

a. principles concerning the minimum guarantees that should be provided in national legislations

 

1. Principle of lawfulness and fairness

information about persons should not be collected or processed in unfair or unlawful ways, nor should it be used for ends contrary to the purposes and principles of the Charter of the United Nations.

 

2 Principle of accuracy

persons responsible for the compilation of files or those responsible for keeping them have an obligation to conduct regular checks on the accuracy and relevance of the data recorded and to ensure that they are kept as complete as possible in order to avoid errors of omission and that they are kept up to date regularly or the information contained in a file is used, as long as they are being processed.

 

3. principle of purpose-specification

 

the purpose which a file is to serve and its utilization in terms of that purpose should be specified , legitimate and, when it is established, receive a certain amount of publicity or be brought to the attention of the person concerned, in order to make it possible subsequently to ensure that:

 

a all the personal data collected and recorded remain relevant and adequate to the purposes so specified;

b. none of the said personal data is used or disclosed, except with the consent of the person concerned, for purposes incompatible with those specified;

c the period for which the personal data are kept does not exceed that which would enable the achievement of the purposes so specified.

 

4. principle of interested person access

everyone who offers proof of identity has the right to know whether information concerning him is being processed and to obtain it in an intelligible form, without undue delay or expense, and to have appropriate rectifications or ensure made in the case of unlawful, unnecessary or inaccurate entries and when it is being communicated, to be informed of the addresses. provision should be made for a remedy, if cost of an rectification shall be borne by the person responsible for the file. it is desirable that the provisions of this principle should apply to everyone, irrespective of nationality or place of residence.

 

5 principle of non discrimination

subject to cases of exceptions restrictively envisaged under principle

 

6, data likely to give rise to unlawful or arbitrary discrimination, including information on racial or ethnic origin, colour, sex life, political opinions, religious, philosophical and other beliefs as well as membership of an association or trade union, should not be compiled.

 

6 power to make exceptions

departures from principles 1 to 4 may be authorized only if they are necessary to protect national security, public order, public health or morality, as well as inter alia, the rights ad freedoms of others, especially persons being persecuted (humanitarian clause) provided that such departures are expressly specified in a law or equivalent regulation promulgated in accordance with the internal legal system which expressly states their limits and sets forth appropriate safeguards.

 

exceptions to principle 5 relating to the prohibition of discrimination, in addition to being subject to the same safeguards as those proscribed for exception to principles 1 to 4 may be authorized only within the limits prescribed by the international bill of human rights and the other relevant instruments in the field of protection human rights and the prevention of discrimination

 

7 appropriate measures should be taken to protect the files against both natural dangers, such as accidental loss or destruction and human dangers such as unauthorized access, fraudulent misuse of data or contamination of computer viruses.

 

International law - intelligence lists

 

(189) EXPOSING INTELLIGENCE LISTS

 

STATE ACTIVITY:

"... category of domestic terrorists, left-wing groups, generally profess a revolutionary socialist doctrine and view themselves as protectors of the people against the "dehumanizing effects" of capitalism and imperialism. They aim to bring about change in the United States through revolution rather than through the established political process."

 

"Anarchists and extremist socialist groups -- many of which, such as the Workers World Party, Reclaim the Streets, and Carnival Against Capitalism -- have an international presence and, at times, also represent a potential threat in the United States. For example, anarchists, operating individually and in groups, caused much of the damage during the 1999 World Trade Organization ministerial meeting in Seattle."

 

"Special interest terrorism differs from traditional right-wing and left-wing terrorism in that extremist special interest groups seek to resolve specific issues, rather than effect more widespread political change. Special interest extremists continue to conduct acts of politically motivated violence to force segments of society, including, the general public, to change attitudes about issues considered important to their causes. These groups occupy the extreme fringes of animal rights, pro-life, environmental, anti-nuclear, and other political and social movements."

 

 

failed to distinguish legitimate dissent from criminal acts of subversion;

 

engaged in racial profiling;

 

 enacted anti-terrorism legislation that violates civil and political rights, and engaged in racial profiling

 

LAWFUL ADVOCACY ACTIVITY: Calls for complying with international human rights instruments, and statutory human rights documents

 

targeted and intimidated activists and discriminated on the grounds of political and other opinion (a listed ground in the International Covenant of Civil and Political Rights- to which the US is a signatory):

Last Updated on Monday, 21 July 2014 19:11
 

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