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Posted by on Sep 1, 2015 in Blogs

DE-LEGITIMIZATION OF WAR THROUGH INTERNATIONAL INSTRUMENTS AND NORMS

PRESENTATION NOTES for a workshop by Canadian Voice of Women for Peace during the 2008 UN Commission on the Status of Women

DE-LEGITIMIZATION OF WAR THROUGH INTERNATIONAL INSTRUMENTS AND NORMS

Joan Russow (PhD) Global Compliance Research Project
March 4, 2008

SLIDE:

The fundamental purpose of the UN Charter is to prevent the scourge of war. UN Security Council Resolution 1325 strengthens this purpose.

The preamble of UN Security Council Resolution 1325 reaffirms the “important role of women in the prevention and resolution of conflicts and in peace-building, and stresses the importance of their equal participation and full involvement in all efforts for the maintenance and promotion of peace and security, and the need to increase their role in decision- making with regard to conflict prevention and resolution “.

 
PROVISIONS UNDER CHAPTER VI FOR THE PEACEFUL RESOLUTION OF DISPUTES

 

Chapter VI, entitled “peaceful solutions of disputes”, of the Charter of the United Nations, upholds the fundamental purposes of the Charter, advances the de-legitimization of war, and promotes respect for the rule of international law through the International Court of Justice.

A number of provisions have been established to bring about the peaceful settlement of disputes:
(i) the first provision is to counter conflict of interest in decision-making related to peaceful solutions of disputes

Decisions under Chapter VI are constrained by Article 27 which reads that a party to a dispute shall abstain from voting. This provision present in Chapter VI is absent in Chapter VII and is, regrettably, consistently violated by the UN Security Council.

(ii) The second provision to bring about peaceful settlement of disputes is recourse, under Article 36, to the rule of international  law, through the International Court of Justice: Article 36 reads: “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”.

Chapter XIV complements Chapter VI in outlining the role of the International Court of Justice.

Under Chapter XIV, Article 92 states that the International Court of Justice shall be the principal judicial organ of the United Nations, and under Article 93 all members of the UN are ipso facto parties to the statute of the International Court of Justice, and
under Article 94, each member of the United Nations undertakes to comply with the decision of the International Court of Justice in a case to which it is a party and under Article 96 there is the provision for the UN General Assembly, UN Security Council and other organs of the UN to request the International Court of Justice to give
an advisory opinion on any legal question.

 

Chapter VI of the Charter of United Nations must be strengthened and, in particular, it must be made mandatory for states to appear before the International Court of Justice, to accept its jurisdiction and to act on its decisions.
CHAPTER VII CONTRAVENES THE CHARTER

 

Chapter VII of the Charter contravenes its purpose to prevent the scourge of war. Unfortunately, under international law, an invasion of another state is deemed to be legal if the UN Security Council, under Chapter VII, deems that the necessary conditions required for a war to be “legal” have been met.

 

To prevent the scourge of war and to remove the conditions which are claimed to support the legality of war, the global community must definitively concur that the conditions that have been used to declare war to be legal must be abandoned. 

 

THE CENTRAL ROLE OF THE UN GENERAL ASSEMBLY: UNITING FOR PEACE RESOLUTION

 

Under the Charter of the United Nations there is an important principle – the principle of sovereign equality; this principle is violated by the UN Security Council but respected by the UN General Assembly.
In 1951, when the UN Security Council was unable to come to an agreement, resolution 377 (V) entitled “Uniting for Peace” was passed by the UN General Assembly. The purpose of the resolution was to recognise the responsibility of the UN General Assembly to prevent the scourge of war. In the preamble of the Resolution is the following expression of the role given to the UN General Assembly:

” 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. 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.”

 

ADDITIONAL ROLE OF THE UN GENERAL ASSEMBLY: SETTING UP INTERNATIONAL TRIBUNALS

 

When the leader of any state, under any guise, including the misconstruing of Article 51- self defence, demonstrates defiance of the fundamental principles and peremptory norms established through the UN system, the UN General Assembly must invoke article 22 which would permit the UN General Assembly to set up an international tribunal to judge a leader for contributing to crimes against the peace.

SLIDE: TRADE AGREEMENTS AND MILITARISM VS UN INSTRUMENTS. CAPTAIN AMERICA

SLIDE: PEREMPTORY NORMS
APPLICATION OF PEREMPTORY NORMS
EXTENDING RESOLUTION 1325 TO APPLY TO THE PREVENTION OF WAR AND VIOLENT CONFLICT IN MAINTAINING TRUE SECURITY

 

If UN Security Council Resolution 1325 is to seriously be instrumental in preventing war and violent conflict, the resolution must recognize the larger spectrum reflected in maintaining true global security through the compliance with international peremptory norms reflected in the years of international instruments; these norms can be derived from international instruments that have 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, and the reduction of the ecological footprint, and to move away from the current model of unsustainable and over-consumptive development.

    For years, member states of the United Nations have incurred obligations under treaties, conventions, and covenants, made commitments through UN Conference Action Plans, and created expectations through UN General Assembly resolutions and Declarations.

    And for years member states of the United Nations have disregarded international law for years: either failing to sign or ratify instruments, or ratifying but failing to enact the necessary legislation or to amend existing legislation to ensure compliance.

    If one examines principles under International human rights agreements, including key covenants on civil and political rights, and social and economic and cultural rights, International labour organization instruments, conventions and declarations related to women’s rights indigenous rights, right of migrant workers, refugees;

 

If one examines principles related to preventing the scourge of war; if one examines conventions and protocols related to Biodiversity, to climate change etc.

one will find that most states are derelict in their duty towards implementing principles arising from international obligations and commitments.

Citizens have a legitimate expectation that states will abide by international norms and not enter into agreements that would supersede and undermine these norms.

Increasingly trade agreements are contributing to the violation of international norms, derived from international instruments, related to peace, environment, human rights, and social justice

Under Article 53 of the Vienna Convention on the Law of Treaties most states have incurred the following obligation

Article 53
Treaties conflicting with a peremptory norm of general international law (“jus cogens”). A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law. For the purposes of the present Convention, a peremptory norm of general international law is a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.

PEREMPTORY NORMS

Security and Prosperity Partnership Agreement should be declared Null and void because it violates international peremptory norms or what has been called in legalese “j[I] us cogens”

Principles of international law so fundamental that no nation may ignore them or attempt to contract out of them through treaties. For example, genocide and participating in a slave trade are thought to be jus cogens.

Etymology: New Latin, literally, constraining law
: a principle of international law that is based on values taken to be fundamental to the international community and that cannot be set aside (as by treaty)

Under the Vienna Convention on the law of treaties, a treaty, agreement convention etc is null and void if it contravenes a peremptory norm.

Under Article 53 of the Convention on the Law of Treaties – Treaties conflicting with a peremptory norm of general international law (jus cogens) are null and void

“A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law. For the purposes of the present convention, a preemptory norm of general international law is a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.”

To be designated as a “Peremptory norm” the norm must be accepted and recognized as a peremptory norm by the internationally community of states as a whole. Peremptory norms can be extracted from years of international instruments agreed to by a broad group of states, from widely divergent geographical areas, functioning under a range of legal systems,

CRITERIA
1. Must have broad support
2. Adoption by all states by consensus # conference action plans
3. Substantial concurrence of states belonging to all principle 3 Does not imply that such rules would be imposable on states that rejected them
However, an opposition of an individual state or of a very small number of states doe not affect the emergence of a peremptory norm as such (Chairman of drafting commitment.

legal systems
# covenants and treaties such as International Convention of Civil and Political Rights ICCPR, ICESCR, convention for the elimination of all forms of racial discrimination, international convention on the elimination of all forms of discrimination against women. Convention on natural and cultural heritage, etc. refugees

It is generally recognized that in order to acquire the quality of jus cogens. A norm must first pass the normative test for rules of general international law. It is also established that, secondly such a norm must be accepted and recognized as a peremptory norm by the internationally community of states as a whole.

Peremptory norms can be drawn from Conventions, Covenants and Treaties which have been signed and ratified and are in force; from Conference Action plans which have been adopted by Consensus, or from UN General Assembly Resolutions and Declaration adopted at the UNGA.

IT SHOULD BE NOTED THAT THE UNITED STATES IS NOT A STAUNCH SUPPORTER OF PEREMPTORY NORMS

[During the negotiation of the Vienna Convention on the Law of Treaties, the United States pointed out that the recognition of a peremptory character of a norm would require as a minimum , the absence of Dissent by an important element of the international community – ie presumably the United States]

NORMS RELATED TO SECURITY

 

Trade agreements have resulted in promoting a skewed notion of security – increased militarism, including increased military expenses, establishment of a security perimeter, and the adoption of the notion of justified intervention through Pre-emptive/preventive strikes

Many states are becoming increasingly embroiled in the US presumption that the display of militarism equates with true security,

Even though for years, every member state of the United Nations recognized the waste and misuse of resources earmarked for militarism, and that every member state made a commitment in 1992, to reallocate military expenses, the US has increased its “offence” budget to over 750 billion per year. The global military budget has now substantially surpassed 1 trillion dollars per year.

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).
Increased militarism has is resulted in an increase in the waste and misuse of resources.

SLIDE: CARRYING OUT GOD’S WORK

With a president in the United States, believing that his aggressive interventions, euphemistically described as “preemptive/preventive”, are under the benediction of “his God the Father”, other states have to be vigilant that they are not seduced by or drawn into yet another ill-conceived holy directive, Increasingly “coalition” states have become complicit, in Afghanistan, in the violation of international norms, including engaging in acts that could result in defiance of the Nuremberg Principles:

Principle III

The fact that a person who committed an act which constitutes a crime under international law acted as Head of State or responsible Government official does not relieve him from responsibility under international law.

[BUSH MUST BE TRIED UNDER AN INTERNATIONAL TRIBUNAL SET UP, BY THE UN GENERAL ASSSEMBLY UNDER ARTICLE 22 OF THE CHARTER OF THE UN.]

Through the offensive actions in Afghanistan, “coalition” states have been complicit with the US-dominated NATO in the violation of the Convention against Torture and of the international Covenant of Civil and Political Rights.

NORMS RELATED TO RESPECTING THE CHARTER OF THE UNITED NATIONS
”Coalition” states were complicit in supporting the US contention that
The invasion of Afghanistan was justified under Chapter VII,
Article 51- self defence- of the Charter of the United Nations.
And may in the future begin to embrace the US policy of Pre-emptive/preventive aggression.

NATO MISSION which had only received conditional support from the UN Security Council- itself a body that violates a fundamental principle, under the Charter, of sovereign equality– conditional on complying with the Charter and international law.

NORMS RELATED TO COMPLIANCE WITH THE CONVENTION AGAINST TORTURE

”Coalition” states are complicit in violating the Convention against Torture

”Coalition” states have been complicit in discharging it obligation under the Convention Against Torture to prevent cruel, inhumane or degrading treatment or punishment (28) Under the Convention, it is stated under Article 2:

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

YET

BUSH in 2006, issued an official “signing statement” asserting “that he will view the interrogation limits in the context of his broader powers to protect national security.” THUS HE ASSERTED his legal right to order torture, if he deems torture to be in the interests of “national security.”

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)

”Coalition” states were also complicit in the US violation of
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.

”Coalition” states have been complicit by sharing information, with “caveats down” with the United States.

Prohibiting the attack on works or installations that could release dangerous substances and activities that could impact on civilians
”Coalition” states have also been complicit with the violation of several Geneva Protocols such as the following

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

 

NORMS RELATED TO PROHIBITION OF DIFFERENT WEAPON SYSTEMS

”Coalition” states have been complicit in collaborating with US weapon systems

Under the Ottawa Treaty: anti-personnel mines, the signatories incurred the following obligation to

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 [US has not ratified the Protocol].

Producers of uranium have sold uranium to declared nuclear arm for years, and with the rising price of uranium the exploration, and mining of uranium will presumably increase.
Yet, in 1996, the International Court reaffirmed that the threat or use of nuclear weapons violates international humanitarian law.

The US has been pressuring states to install Ballistic Missile Defence system. Most states have succumbed. The installation of BMD along with other weapons in space is in violation of the 1967 Outer Space Treaty, which affirmed that space should be used for the benefit of all {mankind} humanity, and that there should be no weapon systems in space.

NORMS RELATED TO MULTILATERALISM

Increasingly states have been embracing unilateralism and ignoring the norms related to multilateralism in the sphere of public trust instruments, but compelling other states to adhere to provisions in vested economic interest agreements.

 

Norms related to multi literalism were established through the UN

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,

NORMS RELATED TO REDUCING GREENHOUSE GAS EMISSIONS, AND CONSERVING CARBON SINKS.

 

SLIDE: CLIMATE CHANGE DIAGRAM

While most countries have finally acknowledged the urgency of addressing the issue of greenhouse gas emissions, through trade agreements many states are calling for increased development of fossil fuel

 

Concern about the issue of climate change was raised by scientists as early at 1958 and in the 1988 Changing Atmosphere Conference in Toronto, the concern was intensified among the participants when they acknowledged: that with, Climate change, the global community was engaging in a global experiment whose ultimate consequence could be second only to a global nuclear war. The Earth’s atmosphere is being changed at an unprecedented rate ……. 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.” Changing Atmosphere Conference held in Toronto in 1988.

Most states signed and ratified the 1992 Framework Convention on Climate but some have renounced and reneged on their obligations under the legally binding UN Framework Convention on Climate Change, and are out of sync with International norms expressed in the Convention, which they signed.

In the Convention:
A legal obligation was incurred”…to 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)

Also under the Framework Convention on Climate Change, most states have  incurred an obligation to “conserve” to enhance and “to document carbon sinks”, to reduce Greenhouse gas emissions, and to invoke the precautionary principle which reads that where there is a threat of climate change, the lack of full scientific certainty should not be used as a reason FOR postponing measures to prevent the threat”.
Governments from the North have stood idly by while the fossil fuel industry along with captive scientists and academic institutes LOBBIED to deny Climate change.. often claiming that there was not full scientific certainty of climate change; the states failed to apply the precautionary principle.

Trade agreements,  in guaranteeing reliable sources of energy will perpetuate the YEARS OF procrastination about seriously addressing the issue of climate change.

In addition, all states made a commitment at UNCED to promote environmentally sound alternative energy at the 1992 UN Conference on Environment and Development (UNCED).

Under Chapter 9 changing Atmosphere of Agenda 21 adopted at UNCED, all member states made the following commitment to:

“new and renewable energy sources are solar, photovoltaic, wind, .. 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.

NORMS RELATED TO PREVENTING OVERCONSUMPTION AND REDUCING THE ECOLOGICAL FOOTPRINT

 

SLIDE: ECOLOGICAL FOOTPRINT

Many trade agreements are promoting “competitiveness”, and
of measures to increase competitiveness particularly through the

There are at least two key  forms of “competitiveness”: corporate competitiveness – profit devoid of principles, and “survival competitiveness” . The latter has been demonstrated in Mexico where the dumping of cheap subsidized produce from the US has impacted on farmers’ ability to compete in the market place, and has resulted in farmers abandoning farms moving to the cities, or to the United States.

Increased Competitiveness, however, as advocated in most trade agreements will lead both increased overconsumption and an increased ecological footprint.

Yet: every member state of the UN adopted in 1992, principle 8 of the Rio Declaration which read:

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)

Every member state of the UN also made a commitment at the 1996 Habitat II Conference to reduce the ecological footprint.

And a commitment, at the Habitat II conference in 1996 to reducing the ecological footprint .

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).

NORMS RELATED TO REGULATORY MEASURES RELATED TO ENVIRONMENT

Trade agreements are full of demands for “measures to enhance and streamline regulatory processes”

Full -of provisions “for the reduction of redundant testing and certification requirement, and for the assurance of the seamless flow”; and for the “reduction of the number of regulatory quality management systems audit , and of regulatory burden and costs; all resulting in what is described as “Regulatory cooperation leading to a converging of standards” [undoubtedly to the lowest common denominator]

. There is also the “test once” scheme, which absolves the need for each country to carry out independent testing if the substances or practices have already been tested in one of the other countries. And numerous proposal for undermining regulations and for increase dependence on corporate private sector self regulations.

In fact:

[one of the most egregious US regulatory processes is that US regulators who “choose to develop their own in-house “ regulations must justify to Congress on an annual basis, the reason for seeking public funds to do so . US regulators are already required by law to look to the private sector to use existing private sector standards before regulating.”]

 

NORMS RELATED TO TRANSBOUNDARY IMPACTS

The provisions for “test once” and for reliance on private sector self regulations will have serious transboundary impacts;

The Transboundary principle has two components (i) the transfer to other states of substances and activities that are harmful to the environment and human health, (ii) transboundary impacts from activities on a receiving country from the activities on the soil of the emitting country:

The first was enshrined in 1992, at UNCED in Rio, every member state of the UN adopted principle 14 of the Rio Declaration which read

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).

This principle was a reaffirmation of the principle in the Basel Convention which reads

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)

The second principle was enshrined in principle 2 1992 Rio declaration. “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 their jurisdiction.”

This principle was a reaffirmation of transboundary principle enunciated in the 1991 Convention on Environmental Impact Assessment in a Transboundary Context (Espoo, 1991) – the ‘Espoo (EIA) Convention’ (viii) “Transboundary impact” means any impact, not exclusively of a global nature, within an area under the jurisdiction of a Party caused by a proposed activity the physical origin of which is situated wholly or in part within the area under the jurisdiction of another Party;  Norms related to not relaxing standards to attract industry
Norms related to the Biosafety Protocol

SLIDE:

The Biosafety Protocol is a protocol of the Convention on Biological Diversity. The Protocol intended to ensure the “safe” transfer of Living Modified Organisms (LMO). States cannot prevent the transfer of Living Modified Organisms ( LMO) s unless an environmental Assessment review is carried out and indicates that these organisms will be harmful to the environment.

Concern has been raised about what is described as “adventitious” material – Adventitious material refers to the residue of LMO in crates. Several states from the North have supported industry in allowing a fairly high threshold of this material in crates.

That is, a state is opposed to LMOs, and if the state orders products which do not have LMOs, the state could inadvertently receive a residue of LMOs because the shipment might be in a case previously containing LMOs.

 

[smoother transition of GE food and crops and Living modified organisms???]; including “adventitious materials” – GE residues in containers used to ship non GE food.

 

NORMS RELATED TO BIODIVERSITY

Above all, all member states affirmed the precautionary principle:

Where there are threats of serious or irreversible damage TO THE ENVIRONMENT {OR TO HEALTH}, THE LACK OF SCIENTIFIC certainty should not be used as a reason for postponing measures, TO PREVENT THE THREAT

The trade agreements are is advancing not the preservation of diversity of nature but the concept of “megadiversity” culturally altered diversity
[This notion of Megadiversity was profiled in a picture of Shapiro – the CEO of Monsanto, who was lounging in his chair in front of a book case containing a book called “megadiversity”

NORMS RELATED TO WORLD HERITAGE SITES.

SLIDE: GUANAJUATO WORLD HERITAGE SITE SILVER MINES

For example Canadian silver mines violate norms related to world heritage sites.

Under international law, all three states have incurred an obligation to protect world heritage sites which includes not creating an island of protection i.e. surrounding a heritage site with inappropriate development.

(21) Under the Convention for the Protection of Cultural and Natural Heritage the following obligation was incurred.
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)

 
NORMS RELATED TO FOOD SECURITY

SLIDE: SIN MAIZ NO HAY PAIS

SLIDE: GE CORN PENENTRATING INDIGENOUS CORN

Trade agreements are full of questionable assessments of what constitutes “safer and more reliable food supply”, and “enhanced food safety” –

The precautionary principle, if evoked, would have resulted in the banning of  all GE food and crops.

The precautionary principle is also in the Convention on Biological Diversity which has been signed and ratified by almost all member states of the United Nations; it has been signed but not ratified by the US. The precautionary principle reads:

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).

[under article 18 of the Convention on the law of treaties, in the interim between the signing and the ratification nothing should be done to defeat the purpose of the convention. The purpose of the Convention was to conserve biodiversity [not presumably to create megadiversity]

As of January 1st 2008, the borders of Mexico, have been opened to the dumping of Corn, beans, sugar, and milk products. In the case of corn, Canada as well as the US will probably be dumping genetically engineered corn on the Mexican market. The milk in the US contains Bovine Growth Hormone (RBST) which has been banned in Canada [but apparently has been permitted in bulk milk imports] ; presumably US milk and milk products will be dumped in Mexico, and possibly Canada if the January 1st provision will supersede the Canadian prohibition. While genetically modified foods and crops have both serious health and environmental issues, there is, in addition, the serious issue of the impact on subsistence competitiveness in Mexico.

 

NORMS RELATED TO THE RIGHT TO FOOD

SLIDE: HOMELESS AND BEGGARS JUXTAPOSED WITH MILITARY
In addition. most states have incurred the following obligation related to the right to food:

In Art 11.1 of the international covenant of social, economic and cultural rights, “ The member States of the United Nations … recognize [s] 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)
Most UN member states, have signed and ratified this covenant, The US has signed but not ratified this covenant. [reference to habitat and the housing]

Presumably, the word “adequate” would refer to unadulterated food not food derived from megadiversity.

NORMS RELATED TO THE RIGHT TO WATER

SLIDE:

YEARS OF COMMITMENTS AND OBLIGATIONS

In 1977, in Mar del Plata an international action plan was developed and member states of the United Nations agreed that “all peoples, whatever their stage of development and their social and economic conditions, have the right to have access to drinking water in quantities and of a quality equal to their basic needs”. As a result of this conference, in 1981 the United Nations launched the International Drinking Water Supply and Sanitation Decade. The target of the decade was to provide safe drinking-water and sanitation to underserved urban and rural areas by 1990.

This Commitment was reaffirmed in 1992 at the UN Conference on Environment and Development in Chapter 18 of Agenda 21.

  • … The most outstanding of these efforts was the launching in 1981 of the International Drinking Water Supply and Sanitation Decade, which resulted from the Mar del Plata Action Plan adopted by the United Nations Water Conference in 1977. The commonly agreed premise was that “all peoples, whatever their stage of development and their social and economic conditions, have the right to have access to drinking water in quantities and of a quality equal to their basic needs”. 2/ The target of the Decade was to provide safe drinking-water and sanitation to underserved urban and rural areas by 1990, but even the unprecedented progress achieved during the Decade was not enough. One in three people in the developing world still lacks these two most basic requirements for health and dignity. (Chapter 18: protection of the quality and supply of freshwater resources:18.4)

Every member state of the United Nations make commitments to provide safe drinking-water and sanitation in not only in Chapter 18 (Fresh Water) of Agenda 21, but also in the following Chapters.

Combating Poverty

  • To Provide the poor with access to fresh water and sanitation

Government with the assistance of and in cooperation with appropriate international, non-governmental and local community organizations should establish measures that will directly or indirectly Provide the poor with access to fresh water and sanitation (Chapter 3: Combating Poverty 3.8)

Demographic dynamics and sustainability

  • To give special attention … to critical resources, such as water and land, and environmental factors, such as ecosystem health and biodiversity. (Chapter 5: Demographic dynamics and sustainability 5.23.)

Protection and promotion of human health

  • To develop and strengthen primary health care system….that meet basic health needs for clean water (Chapter 6 Protection and promotion of human health 6.5. a i)
  • To provide health and hygiene education and to ensure universal access to safe drinking water and universal access to sanitary measures of excreta disposal, thereby markedly reducing waterborne diseases such as cholera and schistosomiasis and reducing: (Chapter 6: Protection and promotion of human health6.12 e)
  • to apply methods for the prevention and control of communicable diseases including water supply and sanitation control, water pollution control, food quality control, integrated vector control, garbage collection and disposal and environmentally sound irrigation practices(Chapter 6: Protection and promotion of human health 6.13.(d)
  • To develop appropriate water pollution control technologies on the basis of health risk assessment; (Chapter 6 Protection and promotion of human health 6.41. i)
  • To promote the integrated provision of environmental infrastructure: water, sanitation, drainage and solid-waste management (Chapter 6: Protection and promotion of human health 6.41(d)

Promoting sustainable human settlement development

  • To [recognize that] the sustainability of urban development is defined by many parameters relating to the availability of water supplies, air quality and the provision of environmental infrastructure for sanitation and waste management. (Chapter 7: Promoting sustainable human settlement development: 7.35).
  • To develop national goals for sustainable management of waste, and implement environmentally sound technology to ensure that the environment, human health and quality of life are protected. (Chapter 7: Promoting sustainable human settlement development 7.39)
  • to promote [through Settlement infrastructure and environmental programmes designs] an integrated human settlements approach to the planning, development, maintenance and management of environmental infrastructure (water supply, sanitation, drainage, solid-waste management) (Chapter 7: Promoting sustainable human settlement development 7.39)
  • to strengthen [environmental infrastructure] with the assistance of bilateral and multilateral agencies. (Chapter 7: Promoting sustainable human

FUNDING FOR THE PROVISION OF SAFE DRINKING WATER AND SEWAGE TREATMENT

In Agenda 21 there was an itemization of what it would cost to implement the global commitments. This annual estimate was a fraction of what is being spent on the global military budgets. In Chapter 33 of Agenda 21, a firm commitment was made to reallocate military expenses.

However, the right affirmed in 1977, and the target in the decade devoted to International Drinking Water Supply and Sanitation Decade to provide safe drinking-water and sanitation to underserved urban and rural areas by 1990 was never attained. The reaffirmation of this goal in 1992 at UNCED was ignored.

In 2000, rather than seriously addressing the health and environmental consequences of the failure to ensure the right to safe drinking water and sewage treatment, the United Nations established the following millennium target:

Target 10:Halve, by 2015, the proportion of people without sustainable access to safe drinking water and basic sanitation

APPLICABILITY OF THE CONVENTION ON THE RIGHTS OF THE CHILD

Under Article 24 of the Convention on the Rights of the Child all signatories of the Convention incurred the obligation to provide clear drinking water.

Article 24 1. 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.

  1. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures:

(a) To diminish infant and child mortality;

(b) To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care;

  1. 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 adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution;

Unfortunately, as is often the case the United States is not a signatory to this Convention, and as a result interferes internationally with the application of this Convention

APPLICABILITY OF THE CONVENTION ON BIOLOGICAL DIVERSITY TO ISSUES OF BULK WATER EXPORTS

One of the principal objectives of the Convention is the conservation of biological diversity. In the preamble there is affirmed the precautionary principle.

” 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,”

Bulk water exports would be a threat of significant reduction or loss of biological diversity.

Most member states of the United Nations have signed and ratified the Convention on biological diversity.

At the UN Conference on the Environment and Development the US refused to sign the Convention. However subsequently during the Clinton administration the Convention was signed. While the US has not ratified the Convention under Article 18 of the Vienna Convention on the Law of Treaties, In the interim between the signing and the ratifying of the Convention, nothing should be done to defeat the purpose of the Convention One of the purposes of the Convention is the conservation of biological diversity and to ensure the conservation of biological diversity the precautionary principle must be invoked.

Given that Biodiversity does not respect human-made boundaries, biodiversity can be perceived to be a matter of national concern.

It should be noted in the case of Canada, at the October 1992 meeting , in Alymer Quebec, of provincial environment ministers, that a resolution was passed to call upon the Federal Government to ratify the Convention on Biological Diversity; the Convention was then ratified in December 1992. As a result of being a matter of national concern, of being negotiated with full consultation with the Provinces, the provinces are all bound by the convention.

MISSED OPPORTUNITY OF TRANSLATING YEARS OF RHETORIC INTO ACTION

Sadly at the recent meeting of the Commission on Human Rights, when there was an opportunity to finally implement the commitment made in 1977 to recognize the right to safe drinking water and sewage treatment, the Commission failed.

 

NORMS RELATED TO EXPORT OF PRODUCTS BANNED OR RESTRICTED IN COUNTRY OF ORIGIN

Trade agreements are full of calls for deregulation of trade barriers to
pharmaceuticals. Perhaps a continuing of the dual prescriptions tactic [one prescription in receiving country and another in the country of origin.

The drug Orobolin is indicative of the practice of dual origin prescriptions: one for the north and one for the south. [this used to be described as third world dumping]. While in Bangladesh, Orobolin was prescribed to increase growth in children, in the US, the prescription was never to be used for children.

This practice has been condemned internationally in the UN General Assembly Resolution 37/137 Protection against products harmful to health and the environment, 1982)

This resolution calls for preventing import of products banned, restricted or not yet approved in country of origin

In this resolution states which adopted the resolution affirmed their awareness 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)

NORMS RELATED TO PUBLIC HEALTH

Trade agreements are full  of allusions to what would constitute programs ” to enhance public health”; [Presumably, “enhanced” involve the increased privatization of health care modeled after the US]

As well as for compulsory vaccinations such as that proposed by Merck and Merck is helping in efforts to pass state laws requiring girls as young as 11 or 12 to receive the drug makers new vaccine against the cervical-cancer. ( 2007, Associated Press)

 

 
NORMS RELATED TO TAKE-OVERS

 

SLIDE: FOREIGN REVIEW
Over the years state governments have passed legislation aimed at reducing foreign control over their economy.

Article 12 of the Havana Charter, which reads in part: “The Members recognize that …, without prejudice to existing international agreements to which Members are parties, a Member has the right… to determine whether and to what extent and upon what terms it will allow future foreign investments, to prescribe and give effect on just terms to requirements as to the ownership of existing and future investments and to prescribe and give effect to other reasonable requirements with respect to existing and future investments”.

NORMS RELATED TO PREVENTING DISCRIMINATION ON THE GROUNDS OF POLITICAL AND OTHER OPINION

 

SLIDE: CHERTOFF AND RICE

While Chertoff and Rice declare “secure border and open doors”, No-fly lists, and border lists have preventing the right to freedom of movement and have led to discrimination.

SLIDE: UNCLE SAM AND MEDEA BENJAMIN

The well known Peace activist Medea Benjamin was stopped at the Canadian border because the border guards relied on an FBI list.

In disregard of the International Covenant of Civil and Political Rights Under this Covenant

Everyone shall have the right to freedom of association with others,…s (Art. 22. 1International Covenant of Civil and Political Rights, 1966)

NORMS RELATED THE RIGHT TO ASSEMBLE

 

SLIDE: PROTESTERS BEING ARRESTED

In disregard of the International Covenant of Civil and Political Rights Under this Covenant

 

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)

 

Everyone shall have the right to freedom of association with others,…s (Art. 22. 1International Covenant of Civil and Political Rights, 1966)

 

Also under most international human rights instruments “political and other opinion” is a listed ground for which there shall not be discrimination.

Almost all states have signed and ratified this Covenant.

Many, however, have  not listed, in their constitutions,  “political and other opinion” as a for which there shall not be discrimination

NORMS RELATED TO THE PREVENTION OF DISCRIMINATION AGAINST WOMEN

 

SLIDE: SYMBOLIC DEPICTION OF VIOLENCE AGAINST WOMEN

The US has failed to ratify the Convention for the Elimination of all Forms of Discrimination Against Women, and its protocol on Violence

 

1 A/CONF.157/24 (Part I), chap. III.

2 Report of the Fourth World Conference on Women, Beijing, 4–15 September 1995 (United Nations

publication, Sales No. E.96.IV.13), chap. I, resolution 1, annex I.

3 Ibid., annex II.

4 Resolution 34/180, annex.

99-77473 /…

UNITED A

NATIONS General Assembly

Distr.

GENERAL

A/RES/54/4

15 October 1999

Fifty-fourth session

Agenda item 109

RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

[without reference to a Main Committee (A/54/L.4)]

54/4. Optional Protocol to the Convention on the Elimination of All Forms of

Discrimination against Women

The General Assembly,

Reaffirming the Vienna Declaration and Programme of Action1 and the Beijing Declaration 2 and Platform for Action,3

Recalling that the Beijing Platform for Action, pursuant to the Vienna Declaration and Programme of Action, supported the process initiated by the Commission on the Status of Women with a view to elaborating a draft optional protocol to the Convention on the Elimination of All Forms of Discrimination against Women4 that could enter into force as soon as possible on a right-to-petition procedure,

Noting that the Beijing Platform for Action also called on all States that have not yet ratified or acceded to the Convention to do so as soon as possible so that universal ratification of the Convention can be achieved by the year 2000,

 

  1. Adopts and opens for signature, ratification and accession the Optional Protocol to the Convention, the text of which is annexed to the present resolution;
  2. Calls upon all States that have signed, ratified or acceded to the Convention to sign and ratify or to accede to the Protocol as soon as possible;
  3. Stresses that States parties to the Protocol should undertake to respect the rights and procedures

provided by the Protocol and cooperate with the Committee on the Elimination of Discrimination against Women at all stages of its proceedings under the Protocol;

  1. Stresses also that in the fulfillment of its mandate as well as its functions under the Protocol, the

Committee should continue to be guided by the principles of non-selectivity, impartiality and objectivity;

  1. Requests the Committee to hold meetings to exercise its functions under the Protocol after its entry into force, in addition to its meetings held under article 20 of the Convention; the duration of such meetings shall be determined and, if necessary, reviewed by a meeting of the States parties to the Protocol, subject to the approval of the General Assembly;
  2. Requests the Secretary-General to provide the staff and facilities necessary for the effective

performance of the functions of the Committee under the Protocol after its entry into force;

  1. Also requests the Secretary-General to include information on the status of the Protocol in her or his regular reports submitted to the General Assembly on the status of the Convention.

28th plenary meeting

6 October 1999

 

ANNEX

Optional Protocol to the Convention on the Elimination of

All Forms of Discrimination against Women

The States Parties to the present Protocol,

 

Noting that the Charter of the United Nations reaffirms faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women,

A/RES/54/4

 

Also noting that the Universal Declaration of Human Rights5 proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, including distinction based on sex,

 

Recalling that the International Covenants on Human Rights6 and other international human rights

instruments prohibit discrimination on the basis of sex,

 

Also recalling the Convention on the Elimination of All Forms of Discrimination against Women4 (“the Convention”), in which the States Parties thereto condemn discrimination against women in all its forms and agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women,

 

Reaffirming their determination to ensure the full and equal enjoyment by women of all human rights and fundamental freedoms and to take effective action to prevent violations of these rights and freedoms,

 

Have agreed as follows:

Article 1

A State Party to the present Protocol (“State Party”) recognizes the competence of the Committee on the Elimination of Discrimination against Women (“the Committee”) to receive and consider communications submitted in accordance with article 2.

 

Article 2

Communications may be submitted by or on behalf of individuals or groups of individuals, under the jurisdiction of a State Party, claiming to be victims of a violation of any of the rights set forth in the Convention by that State Party. Where a communication is submitted on behalf of individuals or groups of individuals, this shall be with their consent unless the author can justify acting on their behalf without such consent.

 

Article 3

Communications shall be in writing and shall not be anonymous. No communication shall be received by the Committee if it concerns a State Party to the Convention that is not a party to the present Protocol.

Article 4

  1. The Committee shall not consider a communication unless it has ascertained that all available domestic remedies have been exhausted unless the application of such remedies is unreasonably prolonged or unlikely to bring effective relief.

 

  1. The Committee shall declare a communication inadmissible where:

(a) The same matter has already been examined by the Committee or has been or is being examined under another procedure of international investigation or settlement;

(b) It is incompatible with the provisions of the Convention;

(c) It is manifestly ill-founded or not sufficiently substantiated;

(d) It is an abuse of the right to submit a communication;

(e) The facts that are the subject of the communication occurred prior to the entry into force of the

present Protocol for the State Party concerned unless those facts continued after that date.

 

Article 5

  1. At any time after the receipt of a communication and before a determination on the merits has been reached, the Committee may transmit to the State Party concerned for its urgent consideration a request that the State Party take such interim measures as may be necessary to avoid possible irreparable damage to the victim or victims of the alleged violation.
  2. Where the Committee exercises its discretion under paragraph 1 of the present article, this does not imply a determination on admissibility or on the merits of the communication.

 

Article 6

  1. Unless the Committee considers a communication inadmissible without reference to the State Party concerned, and provided that the individual or individuals consent to the disclosure of their identity to that State Party, the Committee shall bring any communication submitted to it under the present Protocol confidentially to the attention of the State Party concerned.

 

  1. Within six months, the receiving State Party shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been provided by that State Party.

 

Article 7

  1. The Committee shall consider communications received under the present Protocol in the light of all information made available to it by or on behalf of individuals or groups of individuals and by the State Party concerned, provided that this information is transmitted to the parties concerned.

 

  1. The Committee shall hold closed meetings when examining communications under the present Protocol.

 

  1. After examining a communication, the Committee shall transmit its views on the communication, together with its recommendations, if any, to the parties concerned.

/…

  1. The State Party shall give due consideration to the views of the Committee, together with its

recommendations, if any, and shall submit to the Committee, within six months, a written response, including

information on any action taken in the light of the views and recommendations of the Committee.

  1. The Committee may invite the State Party to submit further information about any measures the State

Party has taken in response to its views or recommendations, if any, including as deemed appropriate by the Committee, in the State Party’s subsequent reports under article 18 of the Convention.

 

Article 8

  1. If the Committee receives reliable information indicating grave or systematic violations by a State Party of rights set forth in the Convention, the Committee shall invite that State Party to cooperate in the examination of the information and to this end to submit observations with regard to the information concerned.
  2. Taking into account any observations that may have been submitted by the State Party concerned as well as any other reliable information available to it, the Committee may designate one or more of its members to conduct an inquiry and to report urgently to the Committee. Where warranted and with the consent of the State Party, the inquiry may include a visit to its territory.
  3. After examining the findings of such an inquiry, the Committee shall transmit these findings to the State Party concerned together with any comments and recommendations.
  4. The State Party concerned shall, within six months of receiving the findings, comments and

recommendations transmitted by the Committee, submit its observations to the Committee.

  1. Such an inquiry shall be conducted confidentially and the cooperation of the State Party shall be sought at all stages of the proceedings.

 

Article 9

  1. The Committee may invite the State Party concerned to include in its report under article 18 of the Convention details of any measures taken in response to an inquiry conducted under article 8 of the present Protocol.
  2. The Committee may, if necessary, after the end of the period of six months referred to in article 8.4, invite the State Party concerned to inform it of the measures taken in response to such an inquiry.

 

Article 10

  1. Each State Party may, at the time of signature or ratification of the present Protocol or accession thereto, declare that it does not recognize the competence of the Committee provided for in articles 8 and 9.
  2. Any State Party having made a declaration in accordance with paragraph 1 of the present article may, at any time, withdraw this declaration by notification to the Secretary-General.

 

Article 11

A State Party shall take all appropriate steps to ensure that individuals under its jurisdiction are not subjected to ill treatment or intimidation as a consequence of communicating with the Committee pursuant to the present Protocol.

 

Article 12

The Committee shall include in its annual report under article 21 of the Convention a summary of its activities under the present Protocol.

 

Article 13

Each State Party undertakes to make widely known and to give publicity to the Convention and the present Protocol and to facilitate access to information about the views and recommendations of the Committee, in particular, on matters involving that State Party.

 

Article 14

The Committee shall develop its own rules of procedure to be followed when exercising the functions conferred on it by the present Protocol.

 

Article 15

  1. The present Protocol shall be open for signature by any State that has signed, ratified or acceded to the Convention.
  2. The present Protocol shall be subject to ratification by any State that has ratified or acceded to the Convention. 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 or acceded to the

Convention.

  1. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

 

Article 16

  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 its entry into force, the present Protocol shall enter into force three months after the date of the deposit of its own instrument of ratification or accession.

 

Article 17

No reservations to the present Protocol shall be permitted.

 

Article 18

  1. Any State Party may propose an amendment to the present Protocol and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate any proposed amendments to the States Parties with a request that they notify her or him whether they favour a conference of States Parties for the purpose of considering and voting on the proposal. In the event that at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United

Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval.

  1. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Protocol in accordance with their respective constitutional processes.
  2. When amendments come into force, they shall be binding on those States Parties that have accepted them, other States Parties still being bound by the provisions of the present Protocol and any earlier amendments that they have accepted.

 

Article 19

  1. Any State Party may denounce the present Protocol at any time by written notification addressed to the Secretary-General of the United Nations. Denunciation shall take effect six months after the date of receipt of the notification by the Secretary-General.
  2. Denunciation shall be without prejudice to the continued application of the provisions of the present Protocol to any communication submitted under article 2 or any inquiry initiated under article 8 before the effective date of denunciation.

 

Article 20

The Secretary-General of the United Nations shall inform all States of:

(a) Signatures, ratifications and accessions under the present Protocol;

(b) The date of entry into force of the present Protocol and of any amendment under article 18;

(c) Any denunciation under article 19.

 

Article 21

  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 25 of the Convention.

 

Albania | 23 June 2003 (a)

Andorra | 9 July 2001 | 14 October 2002

Angola | 1January 2007 (a) Antigua and Barbuda | 5 June 2006 Argentina | 28 February 2000 | 20 March 2007 Armenia |  14 September 2006 Austria | 10 December 1999 | 6 September 2000 Azerbaijan | 6 June 2000 | 1 June 2001 Bangladesh | 6 September 2000 | 6 September 2000 Belarus | 29 April 2002 | 3 February 2004 Belgium | 10 December 1999 | 17 June 2004

Belize | 9 December 2002 (a) Benin | 25 May 2000 Bolivia | 10 December 1999 | 27 September 2000 Bosnia and Herzegovina | 7 September 2000 | 4 September 2002

Botswana | 21 February 2007 (a) Brazil | 13 March 2001 | 28 June 2002

Bulgaria | 6 June 2000 | 20 September 2006 Burkina Faso | 16 November 2001

Burundi | 13 November 2001 Cambodia | 11 November 2001 Cameroon | 7 January 2005 (a)

Canada | 18 October 2002 (a) Chile | 10 December 1999 Colombia | 10 December 1999 | 23 January 2007 Costa Rica | 10 December 1999 | 20 September 2001 Cook Islands | 27 November 2007 (a) Croatia | 5 June 2000 | 7 March 2001 Cuba | 17 March 2000

Cyprus | 8 February 2001 | 26 April 2002 Czech Republic | 10 December 1999 | 26 Feb 2001

Denmark | 10 December 1999 | 31 May 2000 Dominican Republic | 14 March 2000 | 10 August 2001 Ecuador | 10 December 1999 | 5 February 2002 El Salvador | 4 April 2001

Finland | 10 December 1999 | 29 December 2000 France | 10 December 1999 | 9 June 2000

Gabon | 5 November 2004 (a) Georgia | 30 July 2002 Germany | 10 December 1999 | 15 January 2002 Ghana | 24 February 2000 Greece | 10 December 1999 | 24 January 2002

Guatemala | 7 September 2000 | 9 May 2002 Guinea-Bissau | 12 September 2000

Hungary | 22 December 2000  Iceland | 10 December 1999 | 6 March 2001

Indonesia | 28 February 2000 Ireland | 7 September 2000 | 7 September 2000

Italy | 10 December 1999 | 22 September 2000 Kazakhstan | 6 September 2000 | 24 August 2001 Kyrgyzstan | 22 July 2002  Lesotho | 6 September 2000 | 24 September 2004

Liberia | 22 September 2004  Libyan Arab Jamahiriya | 18 June 2004(a)

Liechtenstein | 10 December 1999 | 24 October 2001  Lithuania | 8 September 2000

Luxembourg | 10 December 1999 | 1 July 2003  Madagascar | 7 September 2000

Malawi | 7 September 2000  Mali | 5 December 2000 (a)  Mauritius | 11 November 2001

Mexico | 10 December 1999 | 15 March 2002  Moldova | 2 March 2006 (a)

Mongolia | 7 September 2000 | 28 March 2002  Montenegro | 23 October 2006

Namibia | 19 May 2000 | 26 May 2000  Nepal | 18 December 2001 | 15 June 2007  Netherlands | 10 December 1999 | 22 May 2002  New Zealand | 7 September 2000 | 7 September 2000

Niger | 30 September 2004a Nigeria | 8 September 2000 | 22 November 2004 (a)

Norway | 10 December 1999 | 5 March 2002  Panama | 9 June 2000 | 9 May 2001

Paraguay | 28 December 1999 | 14 May 2001  Peru | 22 December 2000 | 9 April 2001

Philippines | 21 March 2000 | 12 November 2003  Poland | 22 December 2003(a)

Portugal | 16 February 2000 | 26 April 2002  Republic of Korea | 18 October 2006

Romania | 6 September 2000 | 25 August 2003 Russian Federation | 8 May 2001 San Marino | 15 September 2005 (a) Sao Tome and Principe | 6 September 2000 Senegal | 10 December 1999 | 26 May 2000 Serbia | 31 July 2003 Seychelles | 22 July 2002 Sierra Leone | 8 September 2000 Slovakia | 5 June 2000 | 17 November 2000 Slovenia | 10 December 1999 | 23 September 2004 Solomon Islands | 6 May 2002 South Africa | 18 October 2005 (a)

Spain | 14 March 2000 | 6 July 2001 Sri Lanka | 15 October 2002 (a) St Kitts and Nevis | 20 January 2006 (a) Sweden | 10 December 1999 | 24 April 2003 Switzerland | 15 February 2007

Tajikistan | 7 September 2000 Tanzania | 12 January 2006 (a)Thailand | 14 June 2000 | 14 June 2000 The former Yugoslav Republic of Macedonia | 3 April 2000 | 17 Oct 2003

Timor-Leste | 16 April 2003 (a) Turkey | 8 September 2000 | 29 October 2002

Ukraine | 7 September 2000 | 26 September 2003 United Kingdom of Great Britain and Northern Ireland | 17 December 2004 (a) Uruguay | 9 May 2000 | 26 July 2001

Vanuatu | 15 May 2007 (a) Venezuela | 17March 2000 | 13 May 2002

 

NORMS RELATED TO EQUAL PAY FOR WORK OF EQUAL VALUE

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)

 

Article 7

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:

(a) Remuneration which provides all workers, as a minimum, with:

(i) 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;

(ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant;

(b) Safe and healthy working conditions;

(c) 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;

(d ) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays  (International Covenant of Economic, Social and Cultural Rights)

While the international community has generally made the commitment to reproductive rights as defined in the Conference action plans from the UN Conference on Women :Equality, Development and Peace, and from the International Conference on Population and Development.

“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.

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  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).

No  abortion be promoted as a method of family planning. All Governments and relevant intergovernmental and non-governmental organizations are 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)

NORMS RELATED TO DISABILITIES

 

SLIDE: WOMAN ON WHEEL CHAIR AND STEPS

Norms related to protecting the rights of Indigenous peoples

SLIDE: INAPROPRIATE USE OF INDIGENOUS LANDS
All member states of the United Nations have adopted chapter 26 of Agenda 21, from United Nations Conference on Environment and Development

In section 3 ii, all states made a commitment to recognize

(ii)     Recognition that the lands of indigenous people peoples 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.a.ii, Indigenous People[s],, Agenda 21, UNCED, 1992)

Under  Art. 7.1 of the  ILO Convention Concerning Indigenous and Tribal Peoples in Independent Countries, No. 169, 1990) is the
the following obligation:

“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.

SLIDE: DISCRIMINATION AGAINST INDIGENOUS PEOPLES

On September 13, 2008, only four countries failed to adopt the Declaration on the Rights of Indigenous peoples

United Nations Declaration on the Rights of
Indigenous Peoples

Adopted by General Assembly Resolution 61/295 on 13 September 2007    

Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind,

Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests,

Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs,

Article 18
Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.

Article 19
States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.

Article 20
1. Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.
2. Indigenous peoples deprived of their means of subsistence and development are entitled to just

Article 23
Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions.

Article 26
1. Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.
2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.
3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.

With trade agreements the emphasis on economic not subsistence competitiveness will undoubtedly have an increased impact on indigenous lands and territories.

 

NORMS RELATED TO THE PROTECTION OF MIGRANT WORKERS

SLIDE: WALL BETWEEN US AND MEXIFO

Under the Convention, states have incurred the following obligations:

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)

Under the Convention, Parties to the convention 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)

With the obsession with “military security” there is  the increased emphasis on Border Security and Barriers within a Security Perimeter, Migrant workers will be at an increased disadvantage, and will fear more than ever to speak out against oppressive conditions. Note recently, the Law in Arizona; this law has resulted in sending undocumented workers back to Mexico

 

NORMS RELATED TO REFUGEES

During the Vietnam War Canada was a sanctuary for US Draft Dodgers, Now With the New Conservative government, US War resisters have not been able to obtain Refugee status

Under the Convention on Refugees the following was agreed to:

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).

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).

Norms Related to Immigrants
[… 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)

NORMS RELATED TO THE RIGHTS OF THE CHILD

SLIDE: CHILD PEEING ON MILITARY

In the Convention on the Rights of the following obligation was incurred. ¨[The US has not ratified the Convention on the Rights of the Child].

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)

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)

Recalling that, 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)

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.

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)

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)

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).

States parties recognize the right of the 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)

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)

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)

 

NORMS RELATED TO INTERNATIONAL LABOUR ORGANISATION CONVENTIONS

NORMS RELATED TO INTERNATIONAL LABOUR

 CONVENTIONS

 

SLIDE: EXPLOITATION OF MINERS

INTERNATIONAL LABOUR ORGANIZATIONS AGREEMENTS

1. ILO PEREMPTORY NORMS RATIFIED BY GREATER THAN 100 STATES

C 144 Tripartite Consultation ILO Labour standards 1947 (135) C81 Labour Inspection Convention 1947 (135)

C138 Minimum Age Convention 1973 (148)
C105 Abolition of Forced Labour Convention (1957 (167)

C 87 Freedom of Association and Protection of the Right to Organize (1948) (147)
C100 Equal remuneration Convention (1951 (165)

C98 right to Organize and collective Bargaining 1949 (156)

C829 Forced Labour Convention 1930 (171)
C120 Hygiene (Commerce and Office) Convention (1964) (150)
C 115 Radiation Protection (1960 (147)

2. LESS THAN 100 RATIFICATIONS
1a
C 80 final Articles Revision (56)
C160 Labour Statistics 1985 (46)

3. GREATER THAN 50 STATES HAVE SIGNED THE CONVENTION
C89 Night Work (women) Revised 1948 (65)
C50 Night Work of Young Persons (Industry) 1948 (50)
C116 Final Articles Revision Convention (1961) (76)

C131 Minimum age fixing Convention (1970) (50)
C 172 Human Resources Development Convention (1975) (64)
C 159 Vocational rehabilitation and Employment (Disabled Persons) 1983 (78)
C 94 Labour Clauses (Public Contracts) 1949 (60)
C42 Workers Compensations (Occupational Diseases) Rev 1934 (53)
C52 Holidays with Pay Convention 1936 (54)
C 97 Migration for Employment (1949) (45)

CANADA ONLY
C 162 Asbestos Convention 1986 (29) Canada (R)

4. LESS THAN 5O STATES

C101 Holiday with Pay (Agriculture Convention 1952 (46)
C 107 Indigenous and Tribal Populations 1957 (27)
C 30 Hours of Work (Commerce) and Offices 1930 (30)
C62 Safety Provisions buildings 1937 (30)
C19 Protection of workers Claims insolvency 1992 (19)
C140 Paid Education leave 1974 (33)

C141 rural workers Organization 1975 (33)
C 153 Hours of work ( rest periods (road Transport 1979 (8)
C 155 Occupational Safety and Health Convention 1985 (25)
C 167 Safety Health in Construction 1988 (20)
C 169 Indigenous and Tribal Peoples Convention 1989 (18)
C 170 Chemicals Convention 1990 (15) Mexico (R)
C 172 Working Conventions (Hotels and restaurants Convention 1981 (14)

5. LESS THAN 50 STATES

C47 Forty hour Week Convention 1935 (14)
P 81 Protocol of 1995 Labour Inspection Convention (1947) (10)
C84 right of Association non Metro Territories 1947 (4)
C 85 Labour inspection 1947 (5)
C 103 Maternity Protection convention Revised 1952 (40)
C129 Labour Inspection (Agriculture) 1969 (43)
C30 Medical Care and Sickness Benefits 1969 (15)
C 132 Holiday with Pay Revised 1979 (34)
C148 Working Environment (Air Pollution, Noise, vibration convention 1977 (43)
C149 Nursing Personnel Convention (1977) (37)
C 151 Labour Relations (1978) (44)
C 154 Collective Bargaining 1981 (38)
C 155 Protocol of 2002 to the Occupational Health Convention 1981 (4O)
C 157 Maintenance of Social Security and Rights Convention (1982)
C158 Termination of employment Convention 1982 (34)
C 174 Prevention of Major Industrial Accidents 1993 (11)
C 175 part time Convention 1994 (11)
C176 Safety and Health in Mines Convention 1995 (2)
C 183 Maternity Protection Convention 2000 (13)
C 184 Safety and Health in Agriculture Convention (2001)
C 187 Promotion Framework for Occupation Safety and Health Convention 2006

 

PETITION: DE-LEGITIMIZATION OF WAR THROUGH INTERNATIONAL INSTRUMENTS AND NORMS

Aware that many international agreements in recent years have been undermining international peremptory norms related to true security: preventing war and conflict, guaranteeing  human rights, ensuring social justice and the protecting the environment.

Aware that under Article 53 of  the  Vienna Convention on the law of Treaties (1969), a treaty is null and void if it violations international peremptory norms.

A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law. For the purpose of the present convention, a peremptory norm of general international law is a norm accepted and recognized by the international community of states as a whole. From which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character. (note below page 2)

Aware that international peremptory norms have been established through obligations incurred through conventions, treaties and covenants, through commitments made through Conference action plans and through expectations created through UNGA Declarations and resolutions

Concerned that provisions under the Charter of the United Nations have not been used to achieve the fundamental purpose of the Charter to prevent the scourge of war.

*We call upon all states to ratify the Vienna Convention on the Law of Treaties, and all treaties and conventions  related to true security,  and to declare null and void all agreements that violate peremptory norms

We call upon all states to discharge obligations incurred under treaties and conventions related to true security and to act on commitments made through Conference action plans.

We urge states to prevent the scourge of war, through making it mandatory to go the International Court of Justice under Chapter VI –peaceful resolution of disputes

We urge the UN General Assembly to use the Uniting for Peace resolution and to  invoke article 22 to set up international tribunals to try state leaders, including state leaders, who have contributed to the scourge of war.

[I have read Page 1]

NAME:         STATE                            SIGNATURE

 

 

_______________________________________________________

 

_______________________________________________________

 

Note: Background:

 

It is generally recognized that in order to acquire the quality of jus cogens. A norm must first pass the normative test for rules of general international law. It is also established that, secondly such a norm must be accepted and recognized as a peremptory norm by the internationally community of states as a whole, and it must fulfill the following conditions: (i).Must have broad support; (ii) .Adoption by all states by consensus: conference action plans;. (iii) Substantial concurrence of states belonging to all principle legal systems eg. covenants and treaties such as the International Covenant of Civil and Political Rights (ICCPR), the International Covenant of Social, Economic and Cultural Rights (ICSECR), Convention for the Elimination of all Forms of Racial Discrimination, International Convention on the Elimination of all Forms of Discrimination Against Women. Convention on Natural and Cultural Heritage. Convention on Refugees, Declaration of the Rights of Indigenous Peoples, ILO Conventions, Framework Convention on Climate Change, including the Kyoto Protocol, Convention on Biological Diversity…

 

For further information please contact: Joan Russow PhD, jrussow@gmail.com

 

PRESENTATION NOTES for a workshop by Canadian Voice of Women for Peace during the 2008 UN Commission on the Status of Women

DE-LEGITIMIZATION OF WAR THROUGH INTERNATIONAL INSTRUMENTS AND NORMS

Joan Russow (PhD) Global Compliance Research Project
March 4, 2008

SLIDE:

The fundamental purpose of the UN Charter is to prevent the scourge of war. UN Security Council Resolution 1325 strengthens this purpose.

The preamble of UN Security Council Resolution 1325 reaffirms the “important role of women in the prevention and resolution of conflicts and in peace-building, and stresses the importance of their equal participation and full involvement in all efforts for the maintenance and promotion of peace and security, and the need to increase their role in decision- making with regard to conflict prevention and resolution “.

 
PROVISIONS UNDER CHAPTER VI FOR THE PEACEFUL RESOLUTION OF DISPUTES

 

Chapter VI, entitled “peaceful solutions of disputes”, of the Charter of the United Nations, upholds the fundamental purposes of the Charter, advances the de-legitimization of war, and promotes respect for the rule of international law through the International Court of Justice.

A number of provisions have been established to bring about the peaceful settlement of disputes:
(i) the first provision is to counter conflict of interest in decision-making related to peaceful solutions of disputes

Decisions under Chapter VI are constrained by Article 27 which reads that a party to a dispute shall abstain from voting. This provision present in Chapter VI is absent in Chapter VII and is, regrettably, consistently violated by the UN Security Council.

(ii) The second provision to bring about peaceful settlement of disputes is recourse, under Article 36, to the rule of international  law, through the International Court of Justice: Article 36 reads: “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”.

Chapter XIV complements Chapter VI in outlining the role of the International Court of Justice.

Under Chapter XIV, Article 92 states that the International Court of Justice shall be the principal judicial organ of the United Nations, and under Article 93 all members of the UN are ipso facto parties to the statute of the International Court of Justice, and
under Article 94, each member of the United Nations undertakes to comply with the decision of the International Court of Justice in a case to which it is a party and under Article 96 there is the provision for the UN General Assembly, UN Security Council and other organs of the UN to request the International Court of Justice to give
an advisory opinion on any legal question.

 

Chapter VI of the Charter of United Nations must be strengthened and, in particular, it must be made mandatory for states to appear before the International Court of Justice, to accept its jurisdiction and to act on its decisions.
CHAPTER VII CONTRAVENES THE CHARTER

 

Chapter VII of the Charter contravenes its purpose to prevent the scourge of war. Unfortunately, under international law, an invasion of another state is deemed to be legal if the UN Security Council, under Chapter VII, deems that the necessary conditions required for a war to be “legal” have been met.

 

To prevent the scourge of war and to remove the conditions which are claimed to support the legality of war, the global community must definitively concur that the conditions that have been used to declare war to be legal must be abandoned. 

 

THE CENTRAL ROLE OF THE UN GENERAL ASSEMBLY: UNITING FOR PEACE RESOLUTION

 

Under the Charter of the United Nations there is an important principle – the principle of sovereign equality; this principle is violated by the UN Security Council but respected by the UN General Assembly.
In 1951, when the UN Security Council was unable to come to an agreement, resolution 377 (V) entitled “Uniting for Peace” was passed by the UN General Assembly. The purpose of the resolution was to recognise the responsibility of the UN General Assembly to prevent the scourge of war. In the preamble of the Resolution is the following expression of the role given to the UN General Assembly:

” 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. 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.”

 

ADDITIONAL ROLE OF THE UN GENERAL ASSEMBLY: SETTING UP INTERNATIONAL TRIBUNALS

 

When the leader of any state, under any guise, including the misconstruing of Article 51- self defence, demonstrates defiance of the fundamental principles and peremptory norms established through the UN system, the UN General Assembly must invoke article 22 which would permit the UN General Assembly to set up an international tribunal to judge a leader for contributing to crimes against the peace.

SLIDE: TRADE AGREEMENTS AND MILITARISM VS UN INSTRUMENTS. CAPTAIN AMERICA

SLIDE: PEREMPTORY NORMS
APPLICATION OF PEREMPTORY NORMS
EXTENDING RESOLUTION 1325 TO APPLY TO THE PREVENTION OF WAR AND VIOLENT CONFLICT IN MAINTAINING TRUE SECURITY

 

If UN Security Council Resolution 1325 is to seriously be instrumental in preventing war and violent conflict, the resolution must recognize the larger spectrum reflected in maintaining true global security through the compliance with international peremptory norms reflected in the years of international instruments; these norms can be derived from international instruments that have 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, and the reduction of the ecological footprint, and to move away from the current model of unsustainable and over-consumptive development.

    For years, member states of the United Nations have incurred obligations under treaties, conventions, and covenants, made commitments through UN Conference Action Plans, and created expectations through UN General Assembly resolutions and Declarations.

    And for years member states of the United Nations have disregarded international law for years: either failing to sign or ratify instruments, or ratifying but failing to enact the necessary legislation or to amend existing legislation to ensure compliance.

    If one examines principles under International human rights agreements, including key covenants on civil and political rights, and social and economic and cultural rights, International labour organization instruments, conventions and declarations related to women’s rights indigenous rights, right of migrant workers, refugees;

 

If one examines principles related to preventing the scourge of war; if one examines conventions and protocols related to Biodiversity, to climate change etc.

one will find that most states are derelict in their duty towards implementing principles arising from international obligations and commitments.

Citizens have a legitimate expectation that states will abide by international norms and not enter into agreements that would supersede and undermine these norms.

Increasingly trade agreements are contributing to the violation of international norms, derived from international instruments, related to peace, environment, human rights, and social justice

Under Article 53 of the Vienna Convention on the Law of Treaties most states have incurred the following obligation

Article 53
Treaties conflicting with a peremptory norm of general international law (“jus cogens”). A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law. For the purposes of the present Convention, a peremptory norm of general international law is a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.

PEREMPTORY NORMS

Security and Prosperity Partnership Agreement should be declared Null and void because it violates international peremptory norms or what has been called in legalese “j[I] us cogens”

Principles of international law so fundamental that no nation may ignore them or attempt to contract out of them through treaties. For example, genocide and participating in a slave trade are thought to be jus cogens.

Etymology: New Latin, literally, constraining law
: a principle of international law that is based on values taken to be fundamental to the international community and that cannot be set aside (as by treaty)

Under the Vienna Convention on the law of treaties, a treaty, agreement convention etc is null and void if it contravenes a peremptory norm.

Under Article 53 of the Convention on the Law of Treaties – Treaties conflicting with a peremptory norm of general international law (jus cogens) are null and void

“A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law. For the purposes of the present convention, a preemptory norm of general international law is a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.”

To be designated as a “Peremptory norm” the norm must be accepted and recognized as a peremptory norm by the internationally community of states as a whole. Peremptory norms can be extracted from years of international instruments agreed to by a broad group of states, from widely divergent geographical areas, functioning under a range of legal systems,

CRITERIA
1. Must have broad support
2. Adoption by all states by consensus # conference action plans
3. Substantial concurrence of states belonging to all principle 3 Does not imply that such rules would be imposable on states that rejected them
However, an opposition of an individual state or of a very small number of states doe not affect the emergence of a peremptory norm as such (Chairman of drafting commitment.

legal systems
# covenants and treaties such as International Convention of Civil and Political Rights ICCPR, ICESCR, convention for the elimination of all forms of racial discrimination, international convention on the elimination of all forms of discrimination against women. Convention on natural and cultural heritage, etc. refugees

It is generally recognized that in order to acquire the quality of jus cogens. A norm must first pass the normative test for rules of general international law. It is also established that, secondly such a norm must be accepted and recognized as a peremptory norm by the internationally community of states as a whole.

Peremptory norms can be drawn from Conventions, Covenants and Treaties which have been signed and ratified and are in force; from Conference Action plans which have been adopted by Consensus, or from UN General Assembly Resolutions and Declaration adopted at the UNGA.

IT SHOULD BE NOTED THAT THE UNITED STATES IS NOT A STAUNCH SUPPORTER OF PEREMPTORY NORMS

[During the negotiation of the Vienna Convention on the Law of Treaties, the United States pointed out that the recognition of a peremptory character of a norm would require as a minimum , the absence of Dissent by an important element of the international community – ie presumably the United States]

NORMS RELATED TO SECURITY

 

Trade agreements have resulted in promoting a skewed notion of security – increased militarism, including increased military expenses, establishment of a security perimeter, and the adoption of the notion of justified intervention through Pre-emptive/preventive strikes

Many states are becoming increasingly embroiled in the US presumption that the display of militarism equates with true security,

Even though for years, every member state of the United Nations recognized the waste and misuse of resources earmarked for militarism, and that every member state made a commitment in 1992, to reallocate military expenses, the US has increased its “offence” budget to over 750 billion per year. The global military budget has now substantially surpassed 1 trillion dollars per year.

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).
Increased militarism has is resulted in an increase in the waste and misuse of resources.

SLIDE: CARRYING OUT GOD’S WORK

With a president in the United States, believing that his aggressive interventions, euphemistically described as “preemptive/preventive”, are under the benediction of “his God the Father”, other states have to be vigilant that they are not seduced by or drawn into yet another ill-conceived holy directive, Increasingly “coalition” states have become complicit, in Afghanistan, in the violation of international norms, including engaging in acts that could result in defiance of the Nuremberg Principles:

Principle III

The fact that a person who committed an act which constitutes a crime under international law acted as Head of State or responsible Government official does not relieve him from responsibility under international law.

[BUSH MUST BE TRIED UNDER AN INTERNATIONAL TRIBUNAL SET UP, BY THE UN GENERAL ASSSEMBLY UNDER ARTICLE 22 OF THE CHARTER OF THE UN.]

Through the offensive actions in Afghanistan, “coalition” states have been complicit with the US-dominated NATO in the violation of the Convention against Torture and of the international Covenant of Civil and Political Rights.

NORMS RELATED TO RESPECTING THE CHARTER OF THE UNITED NATIONS
”Coalition” states were complicit in supporting the US contention that
The invasion of Afghanistan was justified under Chapter VII,
Article 51- self defence- of the Charter of the United Nations.
And may in the future begin to embrace the US policy of Pre-emptive/preventive aggression.

NATO MISSION which had only received conditional support from the UN Security Council- itself a body that violates a fundamental principle, under the Charter, of sovereign equality– conditional on complying with the Charter and international law.

NORMS RELATED TO COMPLIANCE WITH THE CONVENTION AGAINST TORTURE

”Coalition” states are complicit in violating the Convention against Torture

”Coalition” states have been complicit in discharging it obligation under the Convention Against Torture to prevent cruel, inhumane or degrading treatment or punishment (28) Under the Convention, it is stated under Article 2:

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

YET

BUSH in 2006, issued an official “signing statement” asserting “that he will view the interrogation limits in the context of his broader powers to protect national security.” THUS HE ASSERTED his legal right to order torture, if he deems torture to be in the interests of “national security.”

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)

”Coalition” states were also complicit in the US violation of
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.

”Coalition” states have been complicit by sharing information, with “caveats down” with the United States.

Prohibiting the attack on works or installations that could release dangerous substances and activities that could impact on civilians
”Coalition” states have also been complicit with the violation of several Geneva Protocols such as the following

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

 

NORMS RELATED TO PROHIBITION OF DIFFERENT WEAPON SYSTEMS

”Coalition” states have been complicit in collaborating with US weapon systems

Under the Ottawa Treaty: anti-personnel mines, the signatories incurred the following obligation to

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 [US has not ratified the Protocol].

Producers of uranium have sold uranium to declared nuclear arm for years, and with the rising price of uranium the exploration, and mining of uranium will presumably increase.
Yet, in 1996, the International Court reaffirmed that the threat or use of nuclear weapons violates international humanitarian law.

The US has been pressuring states to install Ballistic Missile Defence system. Most states have succumbed. The installation of BMD along with other weapons in space is in violation of the 1967 Outer Space Treaty, which affirmed that space should be used for the benefit of all {mankind} humanity, and that there should be no weapon systems in space.

NORMS RELATED TO MULTILATERALISM

Increasingly states have been embracing unilateralism and ignoring the norms related to multilateralism in the sphere of public trust instruments, but compelling other states to adhere to provisions in vested economic interest agreements.

 

Norms related to multi literalism were established through the UN

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,

NORMS RELATED TO REDUCING GREENHOUSE GAS EMISSIONS, AND CONSERVING CARBON SINKS.

 

SLIDE: CLIMATE CHANGE DIAGRAM

While most countries have finally acknowledged the urgency of addressing the issue of greenhouse gas emissions, through trade agreements many states are calling for increased development of fossil fuel

 

Concern about the issue of climate change was raised by scientists as early at 1958 and in the 1988 Changing Atmosphere Conference in Toronto, the concern was intensified among the participants when they acknowledged: that with, Climate change, the global community was engaging in a global experiment whose ultimate consequence could be second only to a global nuclear war. The Earth’s atmosphere is being changed at an unprecedented rate ……. 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.” Changing Atmosphere Conference held in Toronto in 1988.

Most states signed and ratified the 1992 Framework Convention on Climate but some have renounced and reneged on their obligations under the legally binding UN Framework Convention on Climate Change, and are out of sync with International norms expressed in the Convention, which they signed.

In the Convention:
A legal obligation was incurred”…to 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)

Also under the Framework Convention on Climate Change, most states have  incurred an obligation to “conserve” to enhance and “to document carbon sinks”, to reduce Greenhouse gas emissions, and to invoke the precautionary principle which reads that where there is a threat of climate change, the lack of full scientific certainty should not be used as a reason FOR postponing measures to prevent the threat”.
Governments from the North have stood idly by while the fossil fuel industry along with captive scientists and academic institutes LOBBIED to deny Climate change.. often claiming that there was not full scientific certainty of climate change; the states failed to apply the precautionary principle.

Trade agreements,  in guaranteeing reliable sources of energy will perpetuate the YEARS OF procrastination about seriously addressing the issue of climate change.

In addition, all states made a commitment at UNCED to promote environmentally sound alternative energy at the 1992 UN Conference on Environment and Development (UNCED).

Under Chapter 9 changing Atmosphere of Agenda 21 adopted at UNCED, all member states made the following commitment to:

“new and renewable energy sources are solar, photovoltaic, wind, .. 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.

NORMS RELATED TO PREVENTING OVERCONSUMPTION AND REDUCING THE ECOLOGICAL FOOTPRINT

 

SLIDE: ECOLOGICAL FOOTPRINT

Many trade agreements are promoting “competitiveness”, and
of measures to increase competitiveness particularly through the

There are at least two key  forms of “competitiveness”: corporate competitiveness – profit devoid of principles, and “survival competitiveness” . The latter has been demonstrated in Mexico where the dumping of cheap subsidized produce from the US has impacted on farmers’ ability to compete in the market place, and has resulted in farmers abandoning farms moving to the cities, or to the United States.

Increased Competitiveness, however, as advocated in most trade agreements will lead both increased overconsumption and an increased ecological footprint.

Yet: every member state of the UN adopted in 1992, principle 8 of the Rio Declaration which read:

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)

Every member state of the UN also made a commitment at the 1996 Habitat II Conference to reduce the ecological footprint.

And a commitment, at the Habitat II conference in 1996 to reducing the ecological footprint .

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).

NORMS RELATED TO REGULATORY MEASURES RELATED TO ENVIRONMENT

Trade agreements are full of demands for “measures to enhance and streamline regulatory processes”

Full -of provisions “for the reduction of redundant testing and certification requirement, and for the assurance of the seamless flow”; and for the “reduction of the number of regulatory quality management systems audit , and of regulatory burden and costs; all resulting in what is described as “Regulatory cooperation leading to a converging of standards” [undoubtedly to the lowest common denominator]

. There is also the “test once” scheme, which absolves the need for each country to carry out independent testing if the substances or practices have already been tested in one of the other countries. And numerous proposal for undermining regulations and for increase dependence on corporate private sector self regulations.

In fact:

[one of the most egregious US regulatory processes is that US regulators who “choose to develop their own in-house “ regulations must justify to Congress on an annual basis, the reason for seeking public funds to do so . US regulators are already required by law to look to the private sector to use existing private sector standards before regulating.”]

 

NORMS RELATED TO TRANSBOUNDARY IMPACTS

The provisions for “test once” and for reliance on private sector self regulations will have serious transboundary impacts;

The Transboundary principle has two components (i) the transfer to other states of substances and activities that are harmful to the environment and human health, (ii) transboundary impacts from activities on a receiving country from the activities on the soil of the emitting country:

The first was enshrined in 1992, at UNCED in Rio, every member state of the UN adopted principle 14 of the Rio Declaration which read

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).

This principle was a reaffirmation of the principle in the Basel Convention which reads

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)

The second principle was enshrined in principle 2 1992 Rio declaration. “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 their jurisdiction.”

This principle was a reaffirmation of transboundary principle enunciated in the 1991 Convention on Environmental Impact Assessment in a Transboundary Context (Espoo, 1991) – the ‘Espoo (EIA) Convention’ (viii) “Transboundary impact” means any impact, not exclusively of a global nature, within an area under the jurisdiction of a Party caused by a proposed activity the physical origin of which is situated wholly or in part within the area under the jurisdiction of another Party;  Norms related to not relaxing standards to attract industry
Norms related to the Biosafety Protocol

SLIDE:

The Biosafety Protocol is a protocol of the Convention on Biological Diversity. The Protocol intended to ensure the “safe” transfer of Living Modified Organisms (LMO). States cannot prevent the transfer of Living Modified Organisms ( LMO) s unless an environmental Assessment review is carried out and indicates that these organisms will be harmful to the environment.

Concern has been raised about what is described as “adventitious” material – Adventitious material refers to the residue of LMO in crates. Several states from the North have supported industry in allowing a fairly high threshold of this material in crates.

That is, a state is opposed to LMOs, and if the state orders products which do not have LMOs, the state could inadvertently receive a residue of LMOs because the shipment might be in a case previously containing LMOs.

 

[smoother transition of GE food and crops and Living modified organisms???]; including “adventitious materials” – GE residues in containers used to ship non GE food.

 

NORMS RELATED TO BIODIVERSITY

Above all, all member states affirmed the precautionary principle:

Where there are threats of serious or irreversible damage TO THE ENVIRONMENT {OR TO HEALTH}, THE LACK OF SCIENTIFIC certainty should not be used as a reason for postponing measures, TO PREVENT THE THREAT

The trade agreements are is advancing not the preservation of diversity of nature but the concept of “megadiversity” culturally altered diversity
[This notion of Megadiversity was profiled in a picture of Shapiro – the CEO of Monsanto, who was lounging in his chair in front of a book case containing a book called “megadiversity”

NORMS RELATED TO WORLD HERITAGE SITES.

SLIDE: GUANAJUATO WORLD HERITAGE SITE SILVER MINES

For example Canadian silver mines violate norms related to world heritage sites.

Under international law, all three states have incurred an obligation to protect world heritage sites which includes not creating an island of protection i.e. surrounding a heritage site with inappropriate development.

(21) Under the Convention for the Protection of Cultural and Natural Heritage the following obligation was incurred.
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)

 
NORMS RELATED TO FOOD SECURITY

SLIDE: SIN MAIZ NO HAY PAIS

SLIDE: GE CORN PENENTRATING INDIGENOUS CORN

Trade agreements are full of questionable assessments of what constitutes “safer and more reliable food supply”, and “enhanced food safety” –

The precautionary principle, if evoked, would have resulted in the banning of  all GE food and crops.

The precautionary principle is also in the Convention on Biological Diversity which has been signed and ratified by almost all member states of the United Nations; it has been signed but not ratified by the US. The precautionary principle reads:

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).

[under article 18 of the Convention on the law of treaties, in the interim between the signing and the ratification nothing should be done to defeat the purpose of the convention. The purpose of the Convention was to conserve biodiversity [not presumably to create megadiversity]

As of January 1st 2008, the borders of Mexico, have been opened to the dumping of Corn, beans, sugar, and milk products. In the case of corn, Canada as well as the US will probably be dumping genetically engineered corn on the Mexican market. The milk in the US contains Bovine Growth Hormone (RBST) which has been banned in Canada [but apparently has been permitted in bulk milk imports] ; presumably US milk and milk products will be dumped in Mexico, and possibly Canada if the January 1st provision will supersede the Canadian prohibition. While genetically modified foods and crops have both serious health and environmental issues, there is, in addition, the serious issue of the impact on subsistence competitiveness in Mexico.

 

NORMS RELATED TO THE RIGHT TO FOOD

SLIDE: HOMELESS AND BEGGARS JUXTAPOSED WITH MILITARY
In addition. most states have incurred the following obligation related to the right to food:

In Art 11.1 of the international covenant of social, economic and cultural rights, “ The member States of the United Nations … recognize [s] 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)
Most UN member states, have signed and ratified this covenant, The US has signed but not ratified this covenant. [reference to habitat and the housing]

Presumably, the word “adequate” would refer to unadulterated food not food derived from megadiversity.

NORMS RELATED TO THE RIGHT TO WATER

SLIDE:

YEARS OF COMMITMENTS AND OBLIGATIONS

In 1977, in Mar del Plata an international action plan was developed and member states of the United Nations agreed that “all peoples, whatever their stage of development and their social and economic conditions, have the right to have access to drinking water in quantities and of a quality equal to their basic needs”. As a result of this conference, in 1981 the United Nations launched the International Drinking Water Supply and Sanitation Decade. The target of the decade was to provide safe drinking-water and sanitation to underserved urban and rural areas by 1990.

This Commitment was reaffirmed in 1992 at the UN Conference on Environment and Development in Chapter 18 of Agenda 21.

  • … The most outstanding of these efforts was the launching in 1981 of the International Drinking Water Supply and Sanitation Decade, which resulted from the Mar del Plata Action Plan adopted by the United Nations Water Conference in 1977. The commonly agreed premise was that “all peoples, whatever their stage of development and their social and economic conditions, have the right to have access to drinking water in quantities and of a quality equal to their basic needs”. 2/ The target of the Decade was to provide safe drinking-water and sanitation to underserved urban and rural areas by 1990, but even the unprecedented progress achieved during the Decade was not enough. One in three people in the developing world still lacks these two most basic requirements for health and dignity. (Chapter 18: protection of the quality and supply of freshwater resources:18.4)

Every member state of the United Nations make commitments to provide safe drinking-water and sanitation in not only in Chapter 18 (Fresh Water) of Agenda 21, but also in the following Chapters.

Combating Poverty

  • To Provide the poor with access to fresh water and sanitation

Government with the assistance of and in cooperation with appropriate international, non-governmental and local community organizations should establish measures that will directly or indirectly Provide the poor with access to fresh water and sanitation (Chapter 3: Combating Poverty 3.8)

Demographic dynamics and sustainability

  • To give special attention … to critical resources, such as water and land, and environmental factors, such as ecosystem health and biodiversity. (Chapter 5: Demographic dynamics and sustainability 5.23.)

Protection and promotion of human health

  • To develop and strengthen primary health care system….that meet basic health needs for clean water (Chapter 6 Protection and promotion of human health 6.5. a i)
  • To provide health and hygiene education and to ensure universal access to safe drinking water and universal access to sanitary measures of excreta disposal, thereby markedly reducing waterborne diseases such as cholera and schistosomiasis and reducing: (Chapter 6: Protection and promotion of human health6.12 e)
  • to apply methods for the prevention and control of communicable diseases including water supply and sanitation control, water pollution control, food quality control, integrated vector control, garbage collection and disposal and environmentally sound irrigation practices(Chapter 6: Protection and promotion of human health 6.13.(d)
  • To develop appropriate water pollution control technologies on the basis of health risk assessment; (Chapter 6 Protection and promotion of human health 6.41. i)
  • To promote the integrated provision of environmental infrastructure: water, sanitation, drainage and solid-waste management (Chapter 6: Protection and promotion of human health 6.41(d)

Promoting sustainable human settlement development

  • To [recognize that] the sustainability of urban development is defined by many parameters relating to the availability of water supplies, air quality and the provision of environmental infrastructure for sanitation and waste management. (Chapter 7: Promoting sustainable human settlement development: 7.35).
  • To develop national goals for sustainable management of waste, and implement environmentally sound technology to ensure that the environment, human health and quality of life are protected. (Chapter 7: Promoting sustainable human settlement development 7.39)
  • to promote [through Settlement infrastructure and environmental programmes designs] an integrated human settlements approach to the planning, development, maintenance and management of environmental infrastructure (water supply, sanitation, drainage, solid-waste management) (Chapter 7: Promoting sustainable human settlement development 7.39)
  • to strengthen [environmental infrastructure] with the assistance of bilateral and multilateral agencies. (Chapter 7: Promoting sustainable human

FUNDING FOR THE PROVISION OF SAFE DRINKING WATER AND SEWAGE TREATMENT

In Agenda 21 there was an itemization of what it would cost to implement the global commitments. This annual estimate was a fraction of what is being spent on the global military budgets. In Chapter 33 of Agenda 21, a firm commitment was made to reallocate military expenses.

However, the right affirmed in 1977, and the target in the decade devoted to International Drinking Water Supply and Sanitation Decade to provide safe drinking-water and sanitation to underserved urban and rural areas by 1990 was never attained. The reaffirmation of this goal in 1992 at UNCED was ignored.

In 2000, rather than seriously addressing the health and environmental consequences of the failure to ensure the right to safe drinking water and sewage treatment, the United Nations established the following millennium target:

Target 10:Halve, by 2015, the proportion of people without sustainable access to safe drinking water and basic sanitation

APPLICABILITY OF THE CONVENTION ON THE RIGHTS OF THE CHILD

Under Article 24 of the Convention on the Rights of the Child all signatories of the Convention incurred the obligation to provide clear drinking water.

Article 24 1. 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.

  1. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures:

(a) To diminish infant and child mortality;

(b) To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care;

  1. 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 adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution;

Unfortunately, as is often the case the United States is not a signatory to this Convention, and as a result interferes internationally with the application of this Convention

APPLICABILITY OF THE CONVENTION ON BIOLOGICAL DIVERSITY TO ISSUES OF BULK WATER EXPORTS

One of the principal objectives of the Convention is the conservation of biological diversity. In the preamble there is affirmed the precautionary principle.

” 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,”

Bulk water exports would be a threat of significant reduction or loss of biological diversity.

Most member states of the United Nations have signed and ratified the Convention on biological diversity.

At the UN Conference on the Environment and Development the US refused to sign the Convention. However subsequently during the Clinton administration the Convention was signed. While the US has not ratified the Convention under Article 18 of the Vienna Convention on the Law of Treaties, In the interim between the signing and the ratifying of the Convention, nothing should be done to defeat the purpose of the Convention One of the purposes of the Convention is the conservation of biological diversity and to ensure the conservation of biological diversity the precautionary principle must be invoked.

Given that Biodiversity does not respect human-made boundaries, biodiversity can be perceived to be a matter of national concern.

It should be noted in the case of Canada, at the October 1992 meeting , in Alymer Quebec, of provincial environment ministers, that a resolution was passed to call upon the Federal Government to ratify the Convention on Biological Diversity; the Convention was then ratified in December 1992. As a result of being a matter of national concern, of being negotiated with full consultation with the Provinces, the provinces are all bound by the convention.

MISSED OPPORTUNITY OF TRANSLATING YEARS OF RHETORIC INTO ACTION

Sadly at the recent meeting of the Commission on Human Rights, when there was an opportunity to finally implement the commitment made in 1977 to recognize the right to safe drinking water and sewage treatment, the Commission failed.

 

NORMS RELATED TO EXPORT OF PRODUCTS BANNED OR RESTRICTED IN COUNTRY OF ORIGIN

Trade agreements are full of calls for deregulation of trade barriers to
pharmaceuticals. Perhaps a continuing of the dual prescriptions tactic [one prescription in receiving country and another in the country of origin.

The drug Orobolin is indicative of the practice of dual origin prescriptions: one for the north and one for the south. [this used to be described as third world dumping]. While in Bangladesh, Orobolin was prescribed to increase growth in children, in the US, the prescription was never to be used for children.

This practice has been condemned internationally in the UN General Assembly Resolution 37/137 Protection against products harmful to health and the environment, 1982)

This resolution calls for preventing import of products banned, restricted or not yet approved in country of origin

In this resolution states which adopted the resolution affirmed their awareness 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)

NORMS RELATED TO PUBLIC HEALTH

Trade agreements are full  of allusions to what would constitute programs ” to enhance public health”; [Presumably, “enhanced” involve the increased privatization of health care modeled after the US]

As well as for compulsory vaccinations such as that proposed by Merck and Merck is helping in efforts to pass state laws requiring girls as young as 11 or 12 to receive the drug makers new vaccine against the cervical-cancer. ( 2007, Associated Press)

 

 
NORMS RELATED TO TAKE-OVERS

 

SLIDE: FOREIGN REVIEW
Over the years state governments have passed legislation aimed at reducing foreign control over their economy.

Article 12 of the Havana Charter, which reads in part: “The Members recognize that …, without prejudice to existing international agreements to which Members are parties, a Member has the right… to determine whether and to what extent and upon what terms it will allow future foreign investments, to prescribe and give effect on just terms to requirements as to the ownership of existing and future investments and to prescribe and give effect to other reasonable requirements with respect to existing and future investments”.

NORMS RELATED TO PREVENTING DISCRIMINATION ON THE GROUNDS OF POLITICAL AND OTHER OPINION

 

SLIDE: CHERTOFF AND RICE

While Chertoff and Rice declare “secure border and open doors”, No-fly lists, and border lists have preventing the right to freedom of movement and have led to discrimination.

SLIDE: UNCLE SAM AND MEDEA BENJAMIN

The well known Peace activist Medea Benjamin was stopped at the Canadian border because the border guards relied on an FBI list.

In disregard of the International Covenant of Civil and Political Rights Under this Covenant

Everyone shall have the right to freedom of association with others,…s (Art. 22. 1International Covenant of Civil and Political Rights, 1966)

NORMS RELATED THE RIGHT TO ASSEMBLE

 

SLIDE: PROTESTERS BEING ARRESTED

In disregard of the International Covenant of Civil and Political Rights Under this Covenant

 

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)

 

Everyone shall have the right to freedom of association with others,…s (Art. 22. 1International Covenant of Civil and Political Rights, 1966)

 

Also under most international human rights instruments “political and other opinion” is a listed ground for which there shall not be discrimination.

Almost all states have signed and ratified this Covenant.

Many, however, have  not listed, in their constitutions,  “political and other opinion” as a for which there shall not be discrimination

NORMS RELATED TO THE PREVENTION OF DISCRIMINATION AGAINST WOMEN

 

SLIDE: SYMBOLIC DEPICTION OF VIOLENCE AGAINST WOMEN

The US has failed to ratify the Convention for the Elimination of all Forms of Discrimination Against Women, and its protocol on Violence

 

1 A/CONF.157/24 (Part I), chap. III.

2 Report of the Fourth World Conference on Women, Beijing, 4–15 September 1995 (United Nations

publication, Sales No. E.96.IV.13), chap. I, resolution 1, annex I.

3 Ibid., annex II.

4 Resolution 34/180, annex.

99-77473 /…

UNITED A

NATIONS General Assembly

Distr.

GENERAL

A/RES/54/4

15 October 1999

Fifty-fourth session

Agenda item 109

RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

[without reference to a Main Committee (A/54/L.4)]

54/4. Optional Protocol to the Convention on the Elimination of All Forms of

Discrimination against Women

The General Assembly,

Reaffirming the Vienna Declaration and Programme of Action1 and the Beijing Declaration 2 and Platform for Action,3

Recalling that the Beijing Platform for Action, pursuant to the Vienna Declaration and Programme of Action, supported the process initiated by the Commission on the Status of Women with a view to elaborating a draft optional protocol to the Convention on the Elimination of All Forms of Discrimination against Women4 that could enter into force as soon as possible on a right-to-petition procedure,

Noting that the Beijing Platform for Action also called on all States that have not yet ratified or acceded to the Convention to do so as soon as possible so that universal ratification of the Convention can be achieved by the year 2000,

 

  1. Adopts and opens for signature, ratification and accession the Optional Protocol to the Convention, the text of which is annexed to the present resolution;
  2. Calls upon all States that have signed, ratified or acceded to the Convention to sign and ratify or to accede to the Protocol as soon as possible;
  3. Stresses that States parties to the Protocol should undertake to respect the rights and procedures

provided by the Protocol and cooperate with the Committee on the Elimination of Discrimination against Women at all stages of its proceedings under the Protocol;

  1. Stresses also that in the fulfillment of its mandate as well as its functions under the Protocol, the

Committee should continue to be guided by the principles of non-selectivity, impartiality and objectivity;

  1. Requests the Committee to hold meetings to exercise its functions under the Protocol after its entry into force, in addition to its meetings held under article 20 of the Convention; the duration of such meetings shall be determined and, if necessary, reviewed by a meeting of the States parties to the Protocol, subject to the approval of the General Assembly;
  2. Requests the Secretary-General to provide the staff and facilities necessary for the effective

performance of the functions of the Committee under the Protocol after its entry into force;

  1. Also requests the Secretary-General to include information on the status of the Protocol in her or his regular reports submitted to the General Assembly on the status of the Convention.

28th plenary meeting

6 October 1999

 

ANNEX

Optional Protocol to the Convention on the Elimination of

All Forms of Discrimination against Women

The States Parties to the present Protocol,

 

Noting that the Charter of the United Nations reaffirms faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women,

A/RES/54/4

 

Also noting that the Universal Declaration of Human Rights5 proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, including distinction based on sex,

 

Recalling that the International Covenants on Human Rights6 and other international human rights

instruments prohibit discrimination on the basis of sex,

 

Also recalling the Convention on the Elimination of All Forms of Discrimination against Women4 (“the Convention”), in which the States Parties thereto condemn discrimination against women in all its forms and agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women,

 

Reaffirming their determination to ensure the full and equal enjoyment by women of all human rights and fundamental freedoms and to take effective action to prevent violations of these rights and freedoms,

 

Have agreed as follows:

Article 1

A State Party to the present Protocol (“State Party”) recognizes the competence of the Committee on the Elimination of Discrimination against Women (“the Committee”) to receive and consider communications submitted in accordance with article 2.

 

Article 2

Communications may be submitted by or on behalf of individuals or groups of individuals, under the jurisdiction of a State Party, claiming to be victims of a violation of any of the rights set forth in the Convention by that State Party. Where a communication is submitted on behalf of individuals or groups of individuals, this shall be with their consent unless the author can justify acting on their behalf without such consent.

 

Article 3

Communications shall be in writing and shall not be anonymous. No communication shall be received by the Committee if it concerns a State Party to the Convention that is not a party to the present Protocol.

Article 4

  1. The Committee shall not consider a communication unless it has ascertained that all available domestic remedies have been exhausted unless the application of such remedies is unreasonably prolonged or unlikely to bring effective relief.

 

  1. The Committee shall declare a communication inadmissible where:

(a) The same matter has already been examined by the Committee or has been or is being examined under another procedure of international investigation or settlement;

(b) It is incompatible with the provisions of the Convention;

(c) It is manifestly ill-founded or not sufficiently substantiated;

(d) It is an abuse of the right to submit a communication;

(e) The facts that are the subject of the communication occurred prior to the entry into force of the

present Protocol for the State Party concerned unless those facts continued after that date.

 

Article 5

  1. At any time after the receipt of a communication and before a determination on the merits has been reached, the Committee may transmit to the State Party concerned for its urgent consideration a request that the State Party take such interim measures as may be necessary to avoid possible irreparable damage to the victim or victims of the alleged violation.
  2. Where the Committee exercises its discretion under paragraph 1 of the present article, this does not imply a determination on admissibility or on the merits of the communication.

 

Article 6

  1. Unless the Committee considers a communication inadmissible without reference to the State Party concerned, and provided that the individual or individuals consent to the disclosure of their identity to that State Party, the Committee shall bring any communication submitted to it under the present Protocol confidentially to the attention of the State Party concerned.

 

  1. Within six months, the receiving State Party shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been provided by that State Party.

 

Article 7

  1. The Committee shall consider communications received under the present Protocol in the light of all information made available to it by or on behalf of individuals or groups of individuals and by the State Party concerned, provided that this information is transmitted to the parties concerned.

 

  1. The Committee shall hold closed meetings when examining communications under the present Protocol.

 

  1. After examining a communication, the Committee shall transmit its views on the communication, together with its recommendations, if any, to the parties concerned.

/…

  1. The State Party shall give due consideration to the views of the Committee, together with its

recommendations, if any, and shall submit to the Committee, within six months, a written response, including

information on any action taken in the light of the views and recommendations of the Committee.

  1. The Committee may invite the State Party to submit further information about any measures the State

Party has taken in response to its views or recommendations, if any, including as deemed appropriate by the Committee, in the State Party’s subsequent reports under article 18 of the Convention.

 

Article 8

  1. If the Committee receives reliable information indicating grave or systematic violations by a State Party of rights set forth in the Convention, the Committee shall invite that State Party to cooperate in the examination of the information and to this end to submit observations with regard to the information concerned.
  2. Taking into account any observations that may have been submitted by the State Party concerned as well as any other reliable information available to it, the Committee may designate one or more of its members to conduct an inquiry and to report urgently to the Committee. Where warranted and with the consent of the State Party, the inquiry may include a visit to its territory.
  3. After examining the findings of such an inquiry, the Committee shall transmit these findings to the State Party concerned together with any comments and recommendations.
  4. The State Party concerned shall, within six months of receiving the findings, comments and

recommendations transmitted by the Committee, submit its observations to the Committee.

  1. Such an inquiry shall be conducted confidentially and the cooperation of the State Party shall be sought at all stages of the proceedings.

 

Article 9

  1. The Committee may invite the State Party concerned to include in its report under article 18 of the Convention details of any measures taken in response to an inquiry conducted under article 8 of the present Protocol.
  2. The Committee may, if necessary, after the end of the period of six months referred to in article 8.4, invite the State Party concerned to inform it of the measures taken in response to such an inquiry.

 

Article 10

  1. Each State Party may, at the time of signature or ratification of the present Protocol or accession thereto, declare that it does not recognize the competence of the Committee provided for in articles 8 and 9.
  2. Any State Party having made a declaration in accordance with paragraph 1 of the present article may, at any time, withdraw this declaration by notification to the Secretary-General.

 

Article 11

A State Party shall take all appropriate steps to ensure that individuals under its jurisdiction are not subjected to ill treatment or intimidation as a consequence of communicating with the Committee pursuant to the present Protocol.

 

Article 12

The Committee shall include in its annual report under article 21 of the Convention a summary of its activities under the present Protocol.

 

Article 13

Each State Party undertakes to make widely known and to give publicity to the Convention and the present Protocol and to facilitate access to information about the views and recommendations of the Committee, in particular, on matters involving that State Party.

 

Article 14

The Committee shall develop its own rules of procedure to be followed when exercising the functions conferred on it by the present Protocol.

 

Article 15

  1. The present Protocol shall be open for signature by any State that has signed, ratified or acceded to the Convention.
  2. The present Protocol shall be subject to ratification by any State that has ratified or acceded to the Convention. 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 or acceded to the

Convention.

  1. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

 

Article 16

  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 its entry into force, the present Protocol shall enter into force three months after the date of the deposit of its own instrument of ratification or accession.

 

Article 17

No reservations to the present Protocol shall be permitted.

 

Article 18

  1. Any State Party may propose an amendment to the present Protocol and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate any proposed amendments to the States Parties with a request that they notify her or him whether they favour a conference of States Parties for the purpose of considering and voting on the proposal. In the event that at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United

Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval.

  1. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Protocol in accordance with their respective constitutional processes.
  2. When amendments come into force, they shall be binding on those States Parties that have accepted them, other States Parties still being bound by the provisions of the present Protocol and any earlier amendments that they have accepted.

 

Article 19

  1. Any State Party may denounce the present Protocol at any time by written notification addressed to the Secretary-General of the United Nations. Denunciation shall take effect six months after the date of receipt of the notification by the Secretary-General.
  2. Denunciation shall be without prejudice to the continued application of the provisions of the present Protocol to any communication submitted under article 2 or any inquiry initiated under article 8 before the effective date of denunciation.

 

Article 20

The Secretary-General of the United Nations shall inform all States of:

(a) Signatures, ratifications and accessions under the present Protocol;

(b) The date of entry into force of the present Protocol and of any amendment under article 18;

(c) Any denunciation under article 19.

 

Article 21

  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 25 of the Convention.

 

Albania | 23 June 2003 (a)

Andorra | 9 July 2001 | 14 October 2002

Angola | 1January 2007 (a) Antigua and Barbuda | 5 June 2006 Argentina | 28 February 2000 | 20 March 2007 Armenia |  14 September 2006 Austria | 10 December 1999 | 6 September 2000 Azerbaijan | 6 June 2000 | 1 June 2001 Bangladesh | 6 September 2000 | 6 September 2000 Belarus | 29 April 2002 | 3 February 2004 Belgium | 10 December 1999 | 17 June 2004

Belize | 9 December 2002 (a) Benin | 25 May 2000 Bolivia | 10 December 1999 | 27 September 2000 Bosnia and Herzegovina | 7 September 2000 | 4 September 2002

Botswana | 21 February 2007 (a) Brazil | 13 March 2001 | 28 June 2002

Bulgaria | 6 June 2000 | 20 September 2006 Burkina Faso | 16 November 2001

Burundi | 13 November 2001 Cambodia | 11 November 2001 Cameroon | 7 January 2005 (a)

Canada | 18 October 2002 (a) Chile | 10 December 1999 Colombia | 10 December 1999 | 23 January 2007 Costa Rica | 10 December 1999 | 20 September 2001 Cook Islands | 27 November 2007 (a) Croatia | 5 June 2000 | 7 March 2001 Cuba | 17 March 2000

Cyprus | 8 February 2001 | 26 April 2002 Czech Republic | 10 December 1999 | 26 Feb 2001

Denmark | 10 December 1999 | 31 May 2000 Dominican Republic | 14 March 2000 | 10 August 2001 Ecuador | 10 December 1999 | 5 February 2002 El Salvador | 4 April 2001

Finland | 10 December 1999 | 29 December 2000 France | 10 December 1999 | 9 June 2000

Gabon | 5 November 2004 (a) Georgia | 30 July 2002 Germany | 10 December 1999 | 15 January 2002 Ghana | 24 February 2000 Greece | 10 December 1999 | 24 January 2002

Guatemala | 7 September 2000 | 9 May 2002 Guinea-Bissau | 12 September 2000

Hungary | 22 December 2000  Iceland | 10 December 1999 | 6 March 2001

Indonesia | 28 February 2000 Ireland | 7 September 2000 | 7 September 2000

Italy | 10 December 1999 | 22 September 2000 Kazakhstan | 6 September 2000 | 24 August 2001 Kyrgyzstan | 22 July 2002  Lesotho | 6 September 2000 | 24 September 2004

Liberia | 22 September 2004  Libyan Arab Jamahiriya | 18 June 2004(a)

Liechtenstein | 10 December 1999 | 24 October 2001  Lithuania | 8 September 2000

Luxembourg | 10 December 1999 | 1 July 2003  Madagascar | 7 September 2000

Malawi | 7 September 2000  Mali | 5 December 2000 (a)  Mauritius | 11 November 2001

Mexico | 10 December 1999 | 15 March 2002  Moldova | 2 March 2006 (a)

Mongolia | 7 September 2000 | 28 March 2002  Montenegro | 23 October 2006

Namibia | 19 May 2000 | 26 May 2000  Nepal | 18 December 2001 | 15 June 2007  Netherlands | 10 December 1999 | 22 May 2002  New Zealand | 7 September 2000 | 7 September 2000

Niger | 30 September 2004a Nigeria | 8 September 2000 | 22 November 2004 (a)

Norway | 10 December 1999 | 5 March 2002  Panama | 9 June 2000 | 9 May 2001

Paraguay | 28 December 1999 | 14 May 2001  Peru | 22 December 2000 | 9 April 2001

Philippines | 21 March 2000 | 12 November 2003  Poland | 22 December 2003(a)

Portugal | 16 February 2000 | 26 April 2002  Republic of Korea | 18 October 2006

Romania | 6 September 2000 | 25 August 2003 Russian Federation | 8 May 2001 San Marino | 15 September 2005 (a) Sao Tome and Principe | 6 September 2000 Senegal | 10 December 1999 | 26 May 2000 Serbia | 31 July 2003 Seychelles | 22 July 2002 Sierra Leone | 8 September 2000 Slovakia | 5 June 2000 | 17 November 2000 Slovenia | 10 December 1999 | 23 September 2004 Solomon Islands | 6 May 2002 South Africa | 18 October 2005 (a)

Spain | 14 March 2000 | 6 July 2001 Sri Lanka | 15 October 2002 (a) St Kitts and Nevis | 20 January 2006 (a) Sweden | 10 December 1999 | 24 April 2003 Switzerland | 15 February 2007

Tajikistan | 7 September 2000 Tanzania | 12 January 2006 (a)Thailand | 14 June 2000 | 14 June 2000 The former Yugoslav Republic of Macedonia | 3 April 2000 | 17 Oct 2003

Timor-Leste | 16 April 2003 (a) Turkey | 8 September 2000 | 29 October 2002

Ukraine | 7 September 2000 | 26 September 2003 United Kingdom of Great Britain and Northern Ireland | 17 December 2004 (a) Uruguay | 9 May 2000 | 26 July 2001

Vanuatu | 15 May 2007 (a) Venezuela | 17March 2000 | 13 May 2002

 

NORMS RELATED TO EQUAL PAY FOR WORK OF EQUAL VALUE

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)

 

Article 7

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:

(a) Remuneration which provides all workers, as a minimum, with:

(i) 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;

(ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant;

(b) Safe and healthy working conditions;

(c) 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;

(d ) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays  (International Covenant of Economic, Social and Cultural Rights)

While the international community has generally made the commitment to reproductive rights as defined in the Conference action plans from the UN Conference on Women :Equality, Development and Peace, and from the International Conference on Population and Development.

“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.

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  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).

No  abortion be promoted as a method of family planning. All Governments and relevant intergovernmental and non-governmental organizations are 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)

NORMS RELATED TO DISABILITIES

 

SLIDE: WOMAN ON WHEEL CHAIR AND STEPS

Norms related to protecting the rights of Indigenous peoples

SLIDE: INAPROPRIATE USE OF INDIGENOUS LANDS
All member states of the United Nations have adopted chapter 26 of Agenda 21, from United Nations Conference on Environment and Development

In section 3 ii, all states made a commitment to recognize

(ii)     Recognition that the lands of indigenous people peoples 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.a.ii, Indigenous People[s],, Agenda 21, UNCED, 1992)

Under  Art. 7.1 of the  ILO Convention Concerning Indigenous and Tribal Peoples in Independent Countries, No. 169, 1990) is the
the following obligation:

“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.

SLIDE: DISCRIMINATION AGAINST INDIGENOUS PEOPLES

On September 13, 2008, only four countries failed to adopt the Declaration on the Rights of Indigenous peoples

United Nations Declaration on the Rights of
Indigenous Peoples

Adopted by General Assembly Resolution 61/295 on 13 September 2007    

Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind,

Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests,

Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs,

Article 18
Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.

Article 19
States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.

Article 20
1. Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.
2. Indigenous peoples deprived of their means of subsistence and development are entitled to just

Article 23
Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions.

Article 26
1. Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.
2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.
3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.

With trade agreements the emphasis on economic not subsistence competitiveness will undoubtedly have an increased impact on indigenous lands and territories.

 

NORMS RELATED TO THE PROTECTION OF MIGRANT WORKERS

SLIDE: WALL BETWEEN US AND MEXIFO

Under the Convention, states have incurred the following obligations:

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)

Under the Convention, Parties to the convention 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)

With the obsession with “military security” there is  the increased emphasis on Border Security and Barriers within a Security Perimeter, Migrant workers will be at an increased disadvantage, and will fear more than ever to speak out against oppressive conditions. Note recently, the Law in Arizona; this law has resulted in sending undocumented workers back to Mexico

 

NORMS RELATED TO REFUGEES

During the Vietnam War Canada was a sanctuary for US Draft Dodgers, Now With the New Conservative government, US War resisters have not been able to obtain Refugee status

Under the Convention on Refugees the following was agreed to:

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).

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).

Norms Related to Immigrants
[… 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)

NORMS RELATED TO THE RIGHTS OF THE CHILD

SLIDE: CHILD PEEING ON MILITARY

In the Convention on the Rights of the following obligation was incurred. ¨[The US has not ratified the Convention on the Rights of the Child].

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)

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)

Recalling that, 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)

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.

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)

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)

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).

States parties recognize the right of the 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)

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)

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)

 

NORMS RELATED TO INTERNATIONAL LABOUR ORGANISATION CONVENTIONS

NORMS RELATED TO INTERNATIONAL LABOUR

 CONVENTIONS

 

SLIDE: EXPLOITATION OF MINERS

INTERNATIONAL LABOUR ORGANIZATIONS AGREEMENTS

1. ILO PEREMPTORY NORMS RATIFIED BY GREATER THAN 100 STATES

C 144 Tripartite Consultation ILO Labour standards 1947 (135) C81 Labour Inspection Convention 1947 (135)

C138 Minimum Age Convention 1973 (148)
C105 Abolition of Forced Labour Convention (1957 (167)

C 87 Freedom of Association and Protection of the Right to Organize (1948) (147)
C100 Equal remuneration Convention (1951 (165)

C98 right to Organize and collective Bargaining 1949 (156)

C829 Forced Labour Convention 1930 (171)
C120 Hygiene (Commerce and Office) Convention (1964) (150)
C 115 Radiation Protection (1960 (147)

2. LESS THAN 100 RATIFICATIONS
1a
C 80 final Articles Revision (56)
C160 Labour Statistics 1985 (46)

3. GREATER THAN 50 STATES HAVE SIGNED THE CONVENTION
C89 Night Work (women) Revised 1948 (65)
C50 Night Work of Young Persons (Industry) 1948 (50)
C116 Final Articles Revision Convention (1961) (76)

C131 Minimum age fixing Convention (1970) (50)
C 172 Human Resources Development Convention (1975) (64)
C 159 Vocational rehabilitation and Employment (Disabled Persons) 1983 (78)
C 94 Labour Clauses (Public Contracts) 1949 (60)
C42 Workers Compensations (Occupational Diseases) Rev 1934 (53)
C52 Holidays with Pay Convention 1936 (54)
C 97 Migration for Employment (1949) (45)

CANADA ONLY
C 162 Asbestos Convention 1986 (29) Canada (R)

4. LESS THAN 5O STATES

C101 Holiday with Pay (Agriculture Convention 1952 (46)
C 107 Indigenous and Tribal Populations 1957 (27)
C 30 Hours of Work (Commerce) and Offices 1930 (30)
C62 Safety Provisions buildings 1937 (30)
C19 Protection of workers Claims insolvency 1992 (19)
C140 Paid Education leave 1974 (33)

C141 rural workers Organization 1975 (33)
C 153 Hours of work ( rest periods (road Transport 1979 (8)
C 155 Occupational Safety and Health Convention 1985 (25)
C 167 Safety Health in Construction 1988 (20)
C 169 Indigenous and Tribal Peoples Convention 1989 (18)
C 170 Chemicals Convention 1990 (15) Mexico (R)
C 172 Working Conventions (Hotels and restaurants Convention 1981 (14)

5. LESS THAN 50 STATES

C47 Forty hour Week Convention 1935 (14)
P 81 Protocol of 1995 Labour Inspection Convention (1947) (10)
C84 right of Association non Metro Territories 1947 (4)
C 85 Labour inspection 1947 (5)
C 103 Maternity Protection convention Revised 1952 (40)
C129 Labour Inspection (Agriculture) 1969 (43)
C30 Medical Care and Sickness Benefits 1969 (15)
C 132 Holiday with Pay Revised 1979 (34)
C148 Working Environment (Air Pollution, Noise, vibration convention 1977 (43)
C149 Nursing Personnel Convention (1977) (37)
C 151 Labour Relations (1978) (44)
C 154 Collective Bargaining 1981 (38)
C 155 Protocol of 2002 to the Occupational Health Convention 1981 (4O)
C 157 Maintenance of Social Security and Rights Convention (1982)
C158 Termination of employment Convention 1982 (34)
C 174 Prevention of Major Industrial Accidents 1993 (11)
C 175 part time Convention 1994 (11)
C176 Safety and Health in Mines Convention 1995 (2)
C 183 Maternity Protection Convention 2000 (13)
C 184 Safety and Health in Agriculture Convention (2001)
C 187 Promotion Framework for Occupation Safety and Health Convention 2006

 

PETITION: DE-LEGITIMIZATION OF WAR THROUGH INTERNATIONAL INSTRUMENTS AND NORMS

Aware that many international agreements in recent years have been undermining international peremptory norms related to true security: preventing war and conflict, guaranteeing  human rights, ensuring social justice and the protecting the environment.

Aware that under Article 53 of  the  Vienna Convention on the law of Treaties (1969), a treaty is null and void if it violations international peremptory norms.

A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law. For the purpose of the present convention, a peremptory norm of general international law is a norm accepted and recognized by the international community of states as a whole. From which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character. (note below page 2)

Aware that international peremptory norms have been established through obligations incurred through conventions, treaties and covenants, through commitments made through Conference action plans and through expectations created through UNGA Declarations and resolutions

Concerned that provisions under the Charter of the United Nations have not been used to achieve the fundamental purpose of the Charter to prevent the scourge of war.

*We call upon all states to ratify the Vienna Convention on the Law of Treaties, and all treaties and conventions  related to true security,  and to declare null and void all agreements that violate peremptory norms

We call upon all states to discharge obligations incurred under treaties and conventions related to true security and to act on commitments made through Conference action plans.

We urge states to prevent the scourge of war, through making it mandatory to go the International Court of Justice under Chapter VI –peaceful resolution of disputes

We urge the UN General Assembly to use the Uniting for Peace resolution and to  invoke article 22 to set up international tribunals to try state leaders, including state leaders, who have contributed to the scourge of war.

[I have read Page 1]

NAME:         STATE                            SIGNATURE

 

 

_______________________________________________________

 

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Note: Background:

 

It is generally recognized that in order to acquire the quality of jus cogens. A norm must first pass the normative test for rules of general international law. It is also established that, secondly such a norm must be accepted and recognized as a peremptory norm by the internationally community of states as a whole, and it must fulfill the following conditions: (i).Must have broad support; (ii) .Adoption by all states by consensus: conference action plans;. (iii) Substantial concurrence of states belonging to all principle legal systems eg. covenants and treaties such as the International Covenant of Civil and Political Rights (ICCPR), the International Covenant of Social, Economic and Cultural Rights (ICSECR), Convention for the Elimination of all Forms of Racial Discrimination, International Convention on the Elimination of all Forms of Discrimination Against Women. Convention on Natural and Cultural Heritage. Convention on Refugees, Declaration of the Rights of Indigenous Peoples, ILO Conventions, Framework Convention on Climate Change, including the Kyoto Protocol, Convention on Biological Diversity…