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Posted by Joan Russow
Monday, 04 April 2016 11:53

 

Joan Russow  BA, M Ed (Ph.D)

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Twitter @JoanRusow

 

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PERSONAL

Widow, mother of two sons and two daughters and seven granddaughters; daughter of former Asst Auditor General of Canada  and lived in New York in 1946 when my father worked at the United Nations.

 

BACKGROUND:

EDUCATION

 

-Studied Art and architecture in Rome, Seville and Paris, and one year of law in Ottawa.

 

BA in Art History, working on the Codex Borgia, - a pre-Columbian indigenous Manuscript from Mexico.

 

Master’s Degree in Education University of British Columbia developed a method, "Principle based education"--Issue-principle analysis", of teaching human rights linked with peace, social justice and environment issues. “Principle-based education within a framework of international principles drawn from international legal instruments. 

 

Doctorate in Interdisciplinary studies, University of Victoria addressing, in dissertation, the problem of expressing and communicating complexity and on the need to move away from simplistic models imposed on them.  ("Endignmatic Principle and  the Manifestation of this Principle in Modes of  

Thinking, Expressing and Communicating")-

 

-Studied Art and architecture in Rome, Seville and Paris, and one year of law in Ottawa.

 

COMPLEXITY AND INTERDEPENDENCE OF ISSUES

 

•  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 to sewage treatment, right to health care, right to education  and social justice;

•  to enable socially equitable and environmentally sound employment;

•  to achieve a state of peace, justice and common security;

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

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

 

*has lectured widely on the complexity and interdependence of the above issues, and particularly on the need for the implementation of international law nationally and locally.

 

Former lecturer in Global Issues in Sustainable Development at the University of Victoria, Canada, and researcher for 8 country study based in Harvard, and for North American Institute (NAMI)

 

1997-2001- National leader of the Green Party of Canada, ran in three elections.  1997 and 2000 (Victoria, against Hon David Anderson) and in 2000 by-election against Stockwell Day)

 

INTERNATIONAL CONFERENCES TO 1992

Attended  UN conferences, as a member of various accredited NGOs, the Whistler Foundation on a Sustainable Environment, Ecological Rights Association, Unitedd Nations Association, the Canadian Voice of Women for Peace

 

i participated n Habitat I.1996 in Vancouver; Prepcom for  UNCED 1992 in New York; UNCED 1992, in Rio; ECO-ED1992, in Toronto; PREP-COM for Conference on Women: Equality, The Development and Peace1995 in New York, Beijing; 50th anniversary of the signing of the Charter of the United Nations, in San Francisco, conference,1995,in Beijing; Habitat II 1996 in Istanbul; the Hague Peace conference 1999, in den Hague; Beijing +5 2000 in New York; Habitat II.+5,2001 in New York; WSSD 2002, in Johannesburg;  Uniting for Peace Women say no to war in 27 different languages March 3 2003 in New York; DPI Uniting for Peace  upholding the Charter and international law September 2003 in New York. CSD12 2004 not further unraveling of UNCED obligations and commitments in New York; September 11 2004: UNESCO meeting in Halifax in 2005 and worked on a resolution related to granting more power to the UN General Assembly; Beijing +10 2005 in New York;May in the Hague attended a conference of 50 women mostly from the US and Netherlands, but also from other countries to address the issue of post conflict resolution. Gave a presentation, to the Dutch military on the importance of prevention of war of the International Court of Justice, need to reallocate the military budget; DPI session on climate change, 2007 in New York;  COP15 2009 in Copenhagen; COP 16. 2010 in Cancun; Rio +20 2012  in Rio; High-level Meeting of the 68th Session of the General Assembly,2013 in New York; UnitedNations Sustainable Development Summit 2015in New York; COP 21, 2015  in Paris, United Nations Conference to Negotiate a legally Binding Instrument to Prohibit Nuclear Weapons, Leading Towards Their Total Elimination June 2017 in New York. Also participated in several other UNGA AGMS; most CSW from 1994 – 2016; many CSDs, and a number of NPTs, andas a member of IUCN Commission on Education and Communication, conferences 1994 in Buenos Aires; 1996 in Montreal; and 2016, in Hawaii.

 

For the more than the 25 years I have been going to UN conferences where state delegates negotiate, not from a global vision but from a vested national or a corporate interest. In June 2017, the conference to negotiate a Treaty on the Prohibition of Nuclear Weapons leading to the Elimination of Nuclear weapons was different. The negotiators were not undermining each other but building and strengthening each other’s position moving not to the lowest common denominator but to the highest tenable principles. The difference was the absence of nuclear weapon states and the non-nuclear-Weapon states that had affirmed,“The US nuclear weapons are essential for our security”

 

*HABITAT I

In 1976, I attended a few sessions at Habitat I, and was very impressed with the outcome document . I have continued to refer to sections of the document in subsequent  conference submissions,such as the  1995 Charter of Obligations,which was distributed to all state delegations at the Beijing conference on women, Comments on Habitat II going beyond habitat I, also distributed to state delegations  at Habitat II in Istanbul.  I also referred to a 

statement on militarism in submissions and petitions distributed at the UN Commissions on the Status of Women, and  I referenced as precedents in Habitat in the analysis that I did of the 17 SDGs.

 

MARCH 1992 UNCED PREP COM

I attended the  UNCED prep com on behalf of the Whistler Foundation on a Sustainable Environmenut and circulated an ideagraph on an Alternative Earth charter

 

INTERNATIONAL EXPERIENCE WORKING ON COMPLIANCE WITH INTERNATIONAL LAW

 

GLOBAL COMPLIANCE RESEARCH PROJECT

* In 1994, founded, the Global Compliance Research Project

*Co-ordinator of the Global Compliance Research project: a project examining the interdependence of peace, environment, human rights, and socially equitable and environmentally sound development., and documenting lack of compliance.

Global Compliance research Project

The purpose of the project is

(i)                to remind governments of the years of obligations incurred , commitments made, and expectations created through the UN system.

(ii)             To inform NGOs of these obligations, commitments, and expectations, so that NGOs will not ask governments to agree to less that governments have already undertaken to do

(iii)           To use international instruments to support, policy statements, and resolutions related to common security:  peace, environment,  social justice and human rights

 

 Proposed an International Court of Compliance in 1995 --a court linked with the ICJ- where citizens could take evidence of state and corporate non- compliance with international law. Initially, for  UN Conference on Women, there were women from about 60 states supporting the project.

 

Attended the 1995 "We the Peoples Conference", in San Francisco, on the 50th Anniversary of the United Nations and drafted a resolution which was passed by the NGOs and was sent to the UN Secretary General, Boutros Boutros Ghali who responded indicating his support.

 

 

* Since 1995,a member of the Canadian Voice of Women for Peace

 

*, United Nations Association, and since 1995, for the Canadian Voice of Women for Peace,   

 

Prep Com New York for UNCED - (United Nations Conference on Environment and Development (UNCED Rio ,1992); the Women’s Conference (1995) - drafted an Alternative Earth Charter and worked on the NGO Earth Charter

 

• submitted an analysis of human rights instruments for the Vienna Conference 1993

 

*Attended prep coms for the UN Conference on Women: Equality 

-For the UN Women’s conference,  received a CIDA grant to survey 50 years of

(i) obligations incurred through Conventions, treaties and covenants,

(ii) expectations created by General Assembly Resolutions    and

(iii) commitments made through Conference Action plans. From these international instruments, extracted the strongest statements that governments had agreed to in the area of peace, environment social justice, labour and human rights.  The statements were compiled in a 350 page “Charter of Obligations” and officially distributed to every state delegation at the Conference in Beijing.

 

- prepared a Charter with all the member states of the UN, with  a list of human rights agreements, peace, and environment and documented which states had signed and ratified different instruments

 

 

 

* Participated in  Habitat II (1996).  in Istanbul-chaired the NGO committee on Urbanization, and served as an editor of NGO statements on peace, human, environment and social justice.

 

- prepare a 178 page document "Habitat II: moving beyond Habitat !  and circulated it to member states

-presented a statement, to the UN Committee II meeting of all the member states of the UN, calling upon governments to significantly reduce the military budget (50%) and transfer the peace dividend into socially equitable and environmentally sound development. Presented a statement at the “partnership meeting with Industry” on the need for Mandatory International Normative standards drawn from International principles to drive industry to socially equitable and environmentally sound development.

 

* Participated in Rio +5 prep com in New York- worked on document linking commitments from UNCED with subsequent commitments from World Conference on Human Rights, ICPD, Beijing Platform of Action, Habitat II Agenda.

 

* Participated in Rio +5 conference in New York - wrote and circulate a critique of Canada's environmental rhetoric and worked in various caucuses

 

* Participated in Beijing +5 in New York 2000 worked with various caucuses

 

* Participated in Habitat +5 in New York 2001, worked with various caucuses, and chaired the urbanization caucus

 

* Participated in WSSD - did an analysis of WSSD bracketed sections in the context of previous international obligations, commitments and expectations. and prepared a dictionary of terms examining the evolution of terms like "security" and "threat" etc.

 

* Attended 2003 March Commission on the Status of Women at the UN in New York; initiated a demonstration in front of the UN “Women say No to War”

 

* Attended 2003 DPI conference at the UN , and made a presentation on a Panel organized by the Uniting for Peace Coalition.

 

* Attended 2005 Beijing +10 in New York, and worked with the Peace caucus on drafting

a statement which was presented to the  UN Commission on Status of Women

Attended DPI Conference in 2007 worked on a Declaration with the Peace Caucus and Anti militarism caucus calling upon the need to include the contribution of militarism to Greenhouse gas emissions

 

*Attended Commission on the Status of Women in New York, between 1996 -2015, and co-drafted the Petition on  Confronting Militarism: De-legitimization of war

 

*Attended the 2013 High level conference on Nuclear arms in New York

 

* Attended, as a reporter the 2009 COP Climate Change conference in Copenhagen and submitted document on Climate Change

 

*Attended, as a reporter for the Watershed Sentinel, the 2009 World trade Conference in Geneva

 

*Participated in drafting documents for the Peoples Conference on Climate Change, and attended the conference in Cochabamba, and worked on the Peoples Agreement.

 

 

*Attended, as a reporter for the Watershed Sentinel the 2010 COP 16 Conference in Cancunsubmitted document on Climate Change

 

*Attended, as a reporter for the Watershed Sentinel the 2015 COP 20 Conference in Paris, and   submitted document on Climate Change

 

*Attended Commission on the Status of Women in New York, between 1996 -2015, co-drafted various submissions to the CSW and the Petition on  Confronting Militarism: De-legitimization of war

 

Attended 1999 Hague Peace Conference, along with Peace Conference organized by WWSF when I had a chance to present the Global Compliance Research Project and attend a session at the ICJ.

 

Since 1995, I have continued to work on Compliance and in 2015, I was asked by IPS to write an op-ed on compliance   “The UN at 70: Time for Compliance”

 

In 2015, worked on placing the Sustainable Development Goals in the context of previous international obligations and commitments, including SDG 5, and attended the SDG Conference in New York in September.

 

 

 

 

OTHER: CONFERENCES

- attended Eugene Conferences on International Environmental law, and made a presentation on NAFTA, and on Climate Change

- attended British Columbia Environmental AGMs, and gave presentations on International issues for the International Affairs Caucus

- attended IUCN AGMs and made presentations on Principle based education and worked on resolutions

 

- Participated in the 1998 Biodevastation ! conference on Genetically Engineered Foods and Crops in St Louis- drafted a Biodevastation Declaration calling for the Banning of GE foods and Crops- Declaration was adopted by the plenary at Conference.

- Participated in Vandana Shiva's Biodevastation II 1999 Conference, drafted a Global resolution banning GE foods,  Biopiracy, and patenting of life forms and advocating a fair and just transition program for farmers and communities affected by the proposed ban, and a promotion of ecologically sound  farming practices..

- Drafted a proposal for a UNGA resolution calling for the Banning of GE foods and crops, and circulated it at international meetings Beijing +5,

 

Habitat +5 and WSSD, and drafted an "Alternative Biosafety" protocol

- Attended Peace Conference in 2004 in Puebla, Mexico and worked on Puebla Declaration

- Attended Peace Conference in 2014 in The Hague and drafted statement on the ICJ and reduction of the military budget

 

* Launched a petition, with Nnimmo Bassey, calling for the UN General Assembly to draft a Declaration calling for the banning of genetically engineered food and crops and circulated the petition at the UN

 

 

 

 

ANTI-GLOBALIZATION ACTIVITIES

*MAI

- April drafted a treaty proposal to counteract the MAI

- campaigned as the National leader of the Green Party against the MAI

 

*APEC BC 1997

- November 1997 Revised the MAI Treaty as a Citizen's Treaty of State and

Corporate Compliance: Nemesis of APEC                                      

- November 1997 Attended sessions at the Peoples Summit

at APEC

- complainant in the RCMP APEC hearing

 

* WTO

participated in anti-WTO rally in Seattle

- updated Treaty - anti-WTO Citizen's Treaty as Public Trust Treaty

- updated anti-WTO Treaty 2005 Anti-WTO Hong Kong treaty

 

* FTAA- profiled the FTAA in the November 2000 Federal Election, and held a press conference in front of the jail that was being emptied to accommodate the protesters

and spoke on behave of the Council of Canadians at Anti- FTAA rally in Victoria

 

* G8 meeting in Kananaskis 2002

- updated treaty

- updated treaty for the G8 summit in Edinburgh Alternative  G8 Edinburgh Declaration of Common Security

 

2003- 2014 Circulated a documents calling for Trade agreements to be declared null and void because they violate international peremptory norms

 

PAST AFFILIATION

* Member of UNESCO (Canadian division) Working Group on Science and Ethics.

Worked on a content analysis of the UNESCO 5year proposal, placing document in context of international obligations and commitments-- in preparation for the US rejoining UNESCO

 

*Co-ordinator of the Global Compliance Research project: a project examining the interdependence of peace, environment, human rights, and socially equitable and environmentally sound development., and documenting lack of compliance.

Global Compliance research Project

The purpose of the project is

(iv)           to remind governments of the years of obligations incurred , commitments made, and expectations created through the UN system.

(v)             To inform NGOs of these obligations, commitments, and expectations, so that NGOs will not ask governments to agree to less that governments have already undertaken to do

(vi)           To use international instruments to support, policy statements, and resolutions related to common security:  peace, environment,  social justice and human rights

 

 Proposed an International Court of Compliance in 1995 --a court linked with the ICJ- where citizens could take evidence of state and corporate non- compliance with international law. Initially, for the UN Conference on Women, there were women from about 60 states supporting the project.

 

*Member of the IUCN (World Conservation Union) Commission on Education and Communication

 

-Participated in IUCN AGM in 1994 in Argentina. Drafted with others a  Resolution condemning forest practices in Canada and US - and calling for the preservation of a network  of old growth forests as World Heritage sites (resolution passed with only one country abstaining Canada. Lobbied against increased corporate intrusion into IUCN

 

 

-Participated in IUCN AGM in Montreal- in 1996- continued to oppose corporate intrusion, and worked on an emergency  resolution on the implementation of the International Court of Justice decision that the use of the threat to use nuclear weapons was contrary to international humanitarian law (resolution did not pass)

 

* Member of the Uniting for Peace Coalition which had attempted to call for an emergency UNGA resolution to prevent the US-led invasion of Iraq.

 

*Director, Council of Canadian (Victoria Branch) . recently drafted a resolution on Common Security ( Olaf Palme's concept of redefining security in terms of peace, human rights, and social justice) - opposing current proposal for military integration with US

 

* Director, Victoria Peace Centre- groups that launched a court case against the circulating and berthing of nuclear powered and nuclear capable vessels in Canadian waters and Canadian ports

* UN Vienna representative for the Canadian Voice of Women for Peace ( recent not yet attended meetings in Vienna)

 

Former

- Co- founder of the Vancouver Island Human Rights Coalition, former director, Capital Region Race Relations Association and Coalition Against Racism

- Founder  and chair of the International Affairs Caucus of the British Columbia Environmental Network

- Former Director of the United Nations Association

 

Present affiliations

New York Representative of the Canadian Voice of Women

Member of the IUCN Commission on Education and Communication

 

 

 

 

For about forty years, concerned about the complexity and interdependence issues and have worked for the following objectives:

 

•  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 to sewage treatment, right to health care, right to education  and social justice;

•  to enable socially equitable and environmentally sound employment;

•  to achieve a state of peace, justice and common security;

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

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

 

*have lectured widely on the complexity and interdependence of the above issues, and particularly on the need for the implementation of international law nationally and locally.

 

Former lecturer in Global Issues in Sustainable Development at the University of Victoria, Canada, and researcher for 8 country study based in Harvard, and for North American Institute (NAMI)

 

1997-2001- National leader of the Green Party of Canada, ran in three elections.  1997 and 2000 (Victoria, against Hon David Anderson) and in 2000 by-election against Stockwell Day)

 

BACKGROUND: ISSUES AND EDUCATION

 

-Studied Art and architecture in Rome, Seville and Paris, and one year of law in Ottawa.

 

BA in Art History, working on the Codex Borgia, - a pre-Columbian indigenous Manuscript from Mexico.

 

Master’s Degree in Education University of British Columbia developed a method, "Principle based education"--Issue-principle analysis", of teaching human rights linked with peace, social justice and environment issues. “Principle-based education within a framework of international principles drawn from international legal instruments. 

 

Doctorate in Interdisciplinary studies, University of Victoria addressing, in dissertation, the problem of expressing and communicating complexity and on the need to move away from simplistic models imposed on thought.

 

 

For about forty years, concerned about the complexity and interdependence issues and have worked for the following objectives:

 

•  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 to sewage treatment, right to health care, right to education  and social justice;

•  to enable socially equitable and environmentally sound employment;

•  to achieve a state of peace, justice and common security;

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

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

 

*have lectured widely on the complexity and interdependence of the above issues, and particularly on the need for the implementation of international law nationally and locally.

 

Former lecturer in Global Issues in Sustainable Development at the University of Victoria, Canada, and researcher for 8 country study based in Harvard, and for North American Institute (NAMI)

 

1997-2001- National leader of the Green Party of Canada, ran in three elections.  1997 and 2000 (Victoria, against Hon David Anderson) and in 2000 by-election against Stockwell Day)

 

INTERNATIONAL EXPERIENCE WORKING ON COMPLIANCE WITH INTERNATIONAL LAW

 

GLOBAL COMPLIANCE RESEARCH PROJECT

* In 1994, founded, the Global Compliance Research Project

*Co-ordinator of the Global Compliance Research project: a project examining the interdependence of peace, environment, human rights, and socially equitable and environmentally sound development., and documenting lack of compliance.

Global Compliance research Project

The purpose of the project is

(i)                to remind governments of the years of obligations incurred , commitments made, and expectations created through the UN system.

(ii)             To inform NGOs of these obligations, commitments, and expectations, so that NGOs will not ask governments to agree to less that governments have already undertaken to do

(iii)           To use international instruments to support, policy statements, and resolutions related to common security:  peace, environment,  social justice and human rights

 

 Proposed an International Court of Compliance in 1995 --a court linked with the ICJ- where citizens could take evidence of state and corporate non- compliance with international law. Initially, for  UN Conference on Women, there were women from about 60 states supporting the project.

 

Attended the 1995 "We the Peoples Conference", in San Francisco, on the 50th Anniversary of the United Nations and drafted a resolution which was passed by the NGOs and was sent to the UN Secretary General, Boutros Boutros Ghali who responded indicating his support.

 

 

* Since 1995,a member of the Canadian Voice of Women for Peace

 

*Attended  UN conferences, as a member of various accredited NGOs, the Whistler Foundation on a Sustainable Environment, Ecological Rights Association, United Nations Association, and since 1995, for the Canadian Voice of Women for Peace,   

 

Prep Com New York for UNCED - (United Nations Conference on Environment and Development (UNCED Rio ,1992); the Women’s Conference (1995) - drafted an Alternative Earth Charter and worked on the NGO Earth Charter

 

• submitted an analysis of human rights instruments for the Vienna Conference 1993

 

*Attended prep coms for the UN Conference on Women: Equality 

-For the UN Women’s conference,  received a CIDA grant to survey 50 years of

(i) obligations incurred through Conventions, treaties and covenants,

(ii) expectations created by General Assembly Resolutions    and

(iii) commitments made through Conference Action plans. From these international instruments, extracted the strongest statements that governments had agreed to in the area of peace, environment social justice, labour and human rights.  The statements were compiled in a 350 page “Charter of Obligations” and officially distributed to every state delegation at the Conference in Beijing.

 

- prepared a Charter with all the member states of the UN, with  a list of human rights agreements, peace, and environment and documented which states had signed and ratified different instruments

 

* Participated in  Habitat II (1996).  in Istanbul

-chaired the NGO committee on Urbanization, and served as an editor of NGO statements on peace, human, environment and social justice.

- prepare a 178 page document "Habitat II: moving beyond Habitat !  and circulated it to member states

-presented a statement, to the UN Committee II meeting of all the member states of the UN, calling upon governments to significantly reduce the military budget (50%) and transfer the peace dividend into socially equitable and environmentally sound development. Presented a statement at the “partnership meeting with Industry” on the need for Mandatory International Normative standards drawn from International principles to drive industry to socially equitable and environmentally sound development.

 

* Participated in Rio +5 prep com in New York- worked on document linking commitments from UNCED with subsequent commitments from World Conference on Human Rights, ICPD, Beijing Platform of Action, Habitat II Agenda.

 

* Participated in Rio +5 conference in New York - wrote and circulate a critique of Canada's environmental rhetoric and worked in various caucuses

 

* Participated in Beijing +5 in New York 2000 worked with various caucuses

 

* Participated in Habitat +5 in New York 2001, worked with various caucuses, and chaired the urbanization caucus

 

* Participated in WSSD - did an analysis of WSSD bracketed sections in the context of previous international obligations, commitments and expectations. and prepared a dictionary of terms examining the evolution of terms like "security" and "threat" etc.

 

* Attended 2003 March Commission on the Status of Women at the UN in New York; initiated a demonstration in front of the UN “Women say No to War”

 

* Attended 2003 DPI conference at the UN , and made a presentation on a Panel organized by the Uniting for Peace Coalition.

 

* Attended 2005 Beijing +10 in New York, and worked with the Peace caucus on drafting

a statement which was presented to the  UN Commission on Status of Women

Attended DPI Conference in 2007 worked on a Declaration with the Peace Caucus and Anti militarism caucus calling upon the need to include the contribution of militarism to Greenhouse gas emissions

 

*Attended Commission on the Status of Women in New York, between 1996 -2015, and co-drafted the Petition on  Confronting Militarism: De-legitimization of war

 

*Attended the 2013 High level conference on Nuclear arms in New York

 

* Attended, as a reporter the 2009 COP Climate Change conference in Copenhagen and submitted document on Climate Change

 

*Attended, as a reporter for the Watershed Sentinel, the 2009 World trade Conference in Geneva

 

*Participated in drafting documents for the Peoples Conference on Climate Change, and attended the conference in Cochabamba, and worked on the Peoples Agreement.

 

 

*Attended, as a reporter for the Watershed Sentinel the 2010 COP 16 Conference in Cancunsubmitted document on Climate Change

 

*Attended, as a reporter for the Watershed Sentinel the 2015 COP 20 Conference in Paris, and   submitted document on Climate Change

 

*Attended Commission on the Status of Women in New York, between 1996 -2015, co-drafted various submissions to the CSW and the Petition on  Confronting Militarism: De-legitimization of war

 

Attended 1999 Hague Peace Conference, along with Peace Conference organized by WWSF when I had a chance to present the Global Compliance Research Project and attend a session at the ICJ.

 

Since 1995, I have continued to work on Compliance and in 2015, I was asked by IPS to write an op-ed on compliance   “The UN at 70: Time for Compliance”

 

In 2015, worked on placing the Sustainable Development Goals in the context of previous international obligations and commitments, including SDG 5, and attended the SDG Conference in New York in September.

 

 

 

 

OTHER: CONFERENCES

- attended Eugene Conferences on International Environmental law, and made a presentation on NAFTA, and on Climate Change

- attended British Columbia Environmental AGMs, and gave presentations on International issues for the International Affairs Caucus

- attended IUCN AGMs and made presentations on Principle based education and worked on resolutions

 

- Participated in the 1998 Biodevastation ! conference on Genetically Engineered Foods and Crops in St Louis- drafted a Biodevastation Declaration calling for the Banning of GE foods and Crops- Declaration was adopted by the plenary at Conference.

- Participated in Vandana Shiva's Biodevastation II 1999 Conference, drafted a Global resolution banning GE foods,  Biopiracy, and patenting of life forms and advocating a fair and just transition program for farmers and communities affected by the proposed ban, and a promotion of ecologically sound  farming practices..

- Drafted a proposal for a UNGA resolution calling for the Banning of GE foods and crops, and circulated it at international meetings Beijing +5,

 

Habitat +5 and WSSD, and drafted an "Alternative Biosafety" protocol

- Attended Peace Conference in 2004 in Puebla, Mexico and worked on Puebla Declaration

- Attended Peace Conference in 2014 in The Hague and drafted statement on the ICJ and reduction of the military budget

 

* Launched a petition, with Nnimmo Bassey, calling for the UN General Assembly to draft a Declaration calling for the banning of genetically engineered food and crops and circulated the petition at the UN

 

 

 

 

ANTI-GLOBALIZATION ACTIVITIES

*MAI

- April drafted a treaty proposal to counteract the MAI

- campaigned as the National leader of the Green Party against the MAI

 

*APEC BC 1997

- November 1997 Revised the MAI Treaty as a Citizen's Treaty of State and

Corporate Compliance: Nemesis of APEC                                      

- November 1997 Attended sessions at the Peoples Summit

at APEC

- complainant in the RCMP APEC hearing

 

* WTO

participated in anti-WTO rally in Seattle

- updated Treaty - anti-WTO Citizen's Treaty as Public Trust Treaty

- updated anti-WTO Treaty 2005 Anti-WTO Hong Kong treaty

 

* FTAA- profiled the FTAA in the November 2000 Federal Election, and held a press conference in front of the jail that was being emptied to accommodate the protesters

and spoke on behave of the Council of Canadians at Anti- FTAA rally in Victoria

 

* G8 meeting in Kananaskis 2002

- updated treaty

- updated treaty for the G8 summit in Edinburgh Alternative  G8 Edinburgh Declaration of Common Security

 

2003- 2014 Circulated a documents calling for Trade agreements to be declared null and void because they violate international peremptory norms

 

PAST AFFILIATION

* Member of UNESCO (Canadian division) Working Group on Science and Ethics.

Worked on a content analysis of the UNESCO 5year proposal, placing document in context of international obligations and commitments-- in preparation for the US rejoining UNESCO

 

*Co-ordinator of the Global Compliance Research project: a project examining the interdependence of peace, environment, human rights, and socially equitable and environmentally sound development., and documenting lack of compliance.

Global Compliance research Project

The purpose of the project is

(iv)           to remind governments of the years of obligations incurred , commitments made, and expectations created through the UN system.

(v)             To inform NGOs of these obligations, commitments, and expectations, so that NGOs will not ask governments to agree to less that governments have already undertaken to do

(vi)           To use international instruments to support, policy statements, and resolutions related to common security:  peace, environment,  social justice and human rights

 

 Proposed an International Court of Compliance in 1995 --a court linked with the ICJ- where citizens could take evidence of state and corporate non- compliance with international law. Initially, for the UN Conference on Women, there were women from about 60 states supporting the project.

 

*Member of the IUCN (World Conservation Union) Commission on Education and Communication

 

-Participated in IUCN AGM in 1994 in Argentina. Drafted with others a  Resolution condemning forest practices in Canada and US - and calling for the preservation of a network  of old growth forests as World Heritage sites (resolution passed with only one country abstaining Canada. Lobbied against increased corporate intrusion into IUCN

 

 

-Participated in IUCN AGM in Montreal- in 1996- continued to oppose corporate intrusion, and worked on an emergency  resolution on the implementation of the International Court of Justice decision that the use of the threat to use nuclear weapons was contrary to international humanitarian law (resolution did not pass)

 

* Member of the Uniting for Peace Coalition which had attempted to call for an emergency UNGA resolution to prevent the US-led invasion of Iraq.

 

*Director, Council of Canadian (Victoria Branch) . recently drafted a resolution on Common Security ( Olaf Palme's concept of redefining security in terms of peace, human rights, and social justice) - opposing current proposal for military integration with US

 

* Director, Victoria Peace Centre- groups that launched a court case against the circulating and berthing of nuclear powered and nuclear capable vessels in Canadian waters and Canadian ports

* UN Vienna representative for the Canadian Voice of Women for Peace ( recent not yet attended meetings in Vienna)

 

Former

- Co- founder of the Vancouver Island Human Rights Coalition, former director, Capital Region Race Relations Association and Coalition Against Racism

- Founder  and chair of the International Affairs Caucus of the British Columbia Environmental Network

- Former Director of the United Nations Association

 

Present affiliations

New York Representative of the Canadian Voice of Women

Member of the IUCN Commission on Education and Communication

 

 

 

 

INTERNATIONAL EXPERIENCE WORKING ON COMPLIANCE WITH INTERNATIONAL LAW

 

* Since 1995,a member of the Canadian Voice of Women for Peace

 

*Attended  UN conferences, as a member of various accredited NGOs, the Whistler Foundation on a Sustainable Environment, Ecological Rights Association, United Nations Association, and since 1995, for the Canadian Voice of Women for Peace,   

 

Prep Com New York for UNCED - (United Nations Conference on Environment and Development (UNCED Rio ,1992); the Women’s Conference (1995) - drafted an Alternative Earth Charter and worked on the NGO Earth Charter

 

• submitted an analysis of human rights instruments for the Vienna Conference 1993

 

*Attended prep coms for the UN Conference on Women: Equality 

-For the UN Women’s conference,  received a CIDA grant to survey 50 years of

(i) obligations incurred through Conventions, treaties and covenants,

(ii) expectations created by General Assembly Resolutions    and

(iii) commitments made through Conference Action plans. From these international instruments, extracted the strongest statements that governments had agreed to in the area of peace, environment social justice, labour and human rights.  The statements were compiled in a 350 page “Charter of Obligations” and officially distributed to every state delegation at the Conference in Beijing.

 

- prepared a Charter with all the member states of the UN, with  a list of human rights agreements, peace, and environment and documented which states had signed and ratified different instruments

 

* Participated in  Habitat II (1996).  in Istanbul

-chaired the NGO committee on Urbanization, and served as an editor of NGO statements on peace, human, environment and social justice.

- prepare a 178 page document "Habitat II: moving beyond Habitat !  and circulated it to member states

-presented a statement, to the UN Committee II meeting of all the member states of the UN, calling upon governments to significantly reduce the military budget (50%) and transfer the peace dividend into socially equitable and environmentally sound development. Presented a statement at the “partnership meeting with Industry” on the need for Mandatory International Normative standards drawn from International principles to drive industry to socially equitable and environmentally sound development.

 

* Participated in Rio +5 prep com in New York- worked on document linking commitments from UNCED with subsequent commitments from World Conference on Human Rights, ICPD, Beijing Platform of Action, Habitat II Agenda.

 

* Participated in Rio +5 conference in New York - wrote and circulate a critique of Canada's environmental rhetoric and worked in various caucuses

 

* Participated in Beijing +5 in New York 2000 worked with various caucuses

 

* Participated in Habitat +5 in New York 2001, worked with various caucuses, and chaired the urbanization caucus

 

* Participated in WSSD - did an analysis of WSSD bracketed sections in the context of previous international obligations, commitments and expectations. and prepared a dictionary of terms examining the evolution of terms like "security" and "threat" etc.

 

* Attended 2003 March Commission on the Status of Women at the UN in New York; initiated a demonstration in front of the UN “Women say No to War”

 

* Attended 2003 DPI conference at the UN , and made a presentation on a Panel organized by the Uniting for Peace Coalition.

 

* Attended 2005 Beijing +10 in New York, and worked with the Peace caucus on drafting

a statement which was presented to the  UN Commission on Status of Women

Attended DPI Conference in 2007 worked on a Declaration with the Peace Caucus and Anti militarism caucus calling upon the need to include the contribution of militarism to Greenhouse gas emissions

 

*Attended Commission on the Status of Women in New York, between 1996 -2015, and co-drafted the Petition on  Confronting Militarism: De-legitimization of war

 

*Attended the 2013 High level conference on Nuclear arms in New York

 

* Attended, as a reporter the 2009 COP Climate Change conference in Copenhagen and submitted document on Climate Change

 

*Attended, as a reporter for the Watershed Sentinel, the 2009 World trade Conference in Geneva

 

*Participated in drafting documents for the Peoples Conference on Climate Change, and attended the conference in Cochabamba, and worked on the Peoples Agreement.

 

 

*Attended, as a reporter for the Watershed Sentinel the 2010 COP 16 Conference in Cancunsubmitted document on Climate Change

 

*Attended, as a reporter for the Watershed Sentinel the 2015 COP 20 Conference in Paris, and   submitted document on Climate Change

 

 

OTHER: CONFERENCES

- attended Eugene Conferences on International Environmental law, and made a presentation on NAFTA, and on Climate Change

- attended British Columbia Environmental AGMs, and gave presentations on International issues for the International Affairs Caucus

- attended IUCN AGMs and made presentations on Principle based education and worked on resolutions

 

- Participated in the 1998 Biodevastation ! conference on Genetically Engineered Foods and Crops in St Louis- drafted a Biodevastation Declaration calling for the Banning of GE foods and Crops- Declaration was adopted by the plenary at Conference.

- Participated in Vandana Shiva's Biodevastation II 1999 Conference, drafted a Global resolution banning GE foods,  Biopiracy, and patenting of life forms and advocating a fair and just transition program for farmers and communities affected by the proposed ban, and a promotion of ecologically sound  farming practices..

- Drafted a proposal for a UNGA resolution calling for the Banning of GE foods and crops, and circulated it at international meetings Beijing +5,

 

Habitat +5 and WSSD, and drafted an "Alternative Biosafety" protocol

- Attended Peace Conference in 2004 in Puebla, Mexico and worked on Puebla Declaration

- Attended Peace Conference in 2014 in The Hague and drafted statement on the ICJ and reduction of the military budget

 

* Launched a petition, with Nnimmo Bassey, calling for the UN General Assembly to draft a Declaration calling for the banning of genetically engineered food and crops and circulated the petition at the UN

 

 

 

 

ANTI-GLOBALIZATION ACTIVITIES

*MAI

- April drafted a treaty proposal to counteract the MAI

- campaigned as the National leader of the Green Party against the MAI

 

*APEC BC 1997

- November 1997 Revised the MAI Treaty as a Citizen's Treaty of State and

Corporate Compliance: Nemesis of APEC                                      

- November 1997 Attended sessions at the Peoples Summit

at APEC

- complainant in the RCMP APEC hearing

 

* WTO

participated in anti-WTO rally in Seattle

- updated Treaty - anti-WTO Citizen's Treaty as Public Trust Treaty

- updated anti-WTO Treaty 2005 Anti-WTO Hong Kong treaty

 

* FTAA- profiled the FTAA in the November 2000 Federal Election, and held a press conference in front of the jail that was being emptied to accommodate the protesters

and spoke on behave of the Council of Canadians at Anti- FTAA rally in Victoria

 

* G8 meeting in Kananaskis 2002

- updated treaty

- updated treaty for the G8 summit in Edinburgh Alternative  G8 Edinburgh Declaration of Common Security

 

2003- 2014 Circulated a documents calling for Trade agreements to be declared null and void because they violate international peremptory norms

 

PAST AFFILIATION

* Member of UNESCO (Canadian division) Working Group on Science and Ethics.

Worked on a content analysis of the UNESCO 5year proposal, placing document in context of international obligations and commitments-- in preparation for the US rejoining UNESCO

 

*Co-ordinator of the Global Compliance Research project: a project examining the interdependence of peace, environment, human rights, and socially equitable and environmentally sound development., and documenting lack of compliance.

Global Compliance research Project

The purpose of the project is

(iv)           to remind governments of the years of obligations incurred , commitments made, and expectations created through the UN system.

(v)             To inform NGOs of these obligations, commitments, and expectations, so that NGOs will not ask governments to agree to less that governments have already undertaken to do

(vi)           To use international instruments to support, policy statements, and resolutions related to common security:  peace, environment,  social justice and human rights

 

 Proposed an International Court of Compliance in 1995 --a court linked with the ICJ- where citizens could take evidence of state and corporate non- compliance with international law. Initially, for the UN Conference on Women, there were women from about 60 states supporting the project.

 

*Member of the IUCN (World Conservation Union) Commission on Education and Communication

 

-Participated in IUCN AGM in 1994 in Argentina. Drafted with others a  Resolution condemning forest practices in Canada and US - and calling for the preservation of a network  of old growth forests as World Heritage sites (resolution passed with only one country abstaining Canada. Lobbied against increased corporate intrusion into IUCN

 

 

-Participated in IUCN AGM in Montreal- in 1996- continued to oppose corporate intrusion, and worked on an emergency  resolution on the implementation of the International Court of Justice decision that the use of the threat to use nuclear weapons was contrary to international humanitarian law (resolution did not pass)

 

* Member of the Uniting for Peace Coalition which had attempted to call for an emergency UNGA resolution to prevent the US-led invasion of Iraq.

 

*Director, Council of Canadian (Victoria Branch) . recently drafted a resolution on Common Security ( Olaf Palme's concept of redefining security in terms of peace, human rights, and social justice) - opposing current proposal for military integration with US

 

* Director, Victoria Peace Centre- groups that launched a court case against the circulating and berthing of nuclear powered and nuclear capable vessels in Canadian waters and Canadian ports

* UN Vienna representative for the Canadian Voice of Women for Peace ( recent not yet attended meetings in Vienna)

 

Former

- Co- founder of the Vancouver Island Human Rights Coalition, former director, Capital Region Race Relations Association and Coalition Against Racism

- Founder  and chair of the International Affairs Caucus of the British Columbia Environmental Network

- Former Director of the United Nations Association

 

Present affiliations

New York Representative of the Canadian Voice of Women

Member of the IUCN Commission on Education and Communication

 

HABITAT II: RE-ALLOCATION OF THE MILITARY BUDGET

By Joan Russow (PhD) Global Compliance Research Project

 Presentation behalf of the Peace caucus. 

September 1996

Circulated at Habitat II in Istanbul 

 

"To address the urgency" none of the actions required nor all of them combined- is expensive in the context of...military expenditures. A few would require little or not additional financial resources in that they involve changes in lifestyles, social norms or government policies that can be largely brought about and sustained through greater citizen action and political leadership (Programme of action of the United Nations International Conference on Population and Development, 1994)

 

REDUCTION OF THE MILITARY BUDGET

Cities will be habitable when there is the international political will to make fundamental global change to provide for essential needs. Both humans and ecosystems have basic identifiable needs for survival and quality of life and function.

 

Concerned that  currently (1996) the Global Community spends $860 billion on the military budget at a time when the right to housing, the right to food, the right to health care, the right to equality of all , the right to education, the right to safe drinking water, and the right to a safe environment have not been fulfilled.

 

Aware that 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).

 

Noting that the commitment was further made to transfer a substantial proportion of the military budget to social programs ( as undertaken through expectations created in general Assembly resolutions from 1981)

 

Noting also that in 1981, in general assembly resolution entitled the reduction of the military budget, the majority of the member states did the following:

 

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

 

(ii) Recognised that the military budget constituted a heavy burden for the economies of all nations, and have extremely harmful consequences on international peace and security.

 

(iii) undertook to make a collective effort aimed at strengthening peace and international security by eliminating the threat of war.

 

(iv) Reiterated the appeal to all States, in particular the most heavily armed States, pending the conclusion of agreements on the reduction of military expenditures, to exercise self-restraint in their military expenditures with a view to reallocating the funds thus saved to economic and social development, particularly for the benefit of developing countries

 

Reminded that this request for transfer of the funds from the military budget was further reinforced in a 1983 General Resolution on the Relationship between disarmament and development, that curbing the arms build-up would make it possible to release additional resources for use in economic and social development, particularly for the benefit of the developing countries. Also in this resolution state considered that the magnitude of military expenditures is now such that their various implications can no longer be ignored in the efforts pursued in the international community to secure the recovery of the world economy and the establishment of a new international economic order.

 

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

 

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

 

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

 

 

We call upon the member states of the United Nations

• to immediately reduce the military budget to 50% of what it currently is and to transfer these funds into socially equitable and environmentally sound development

• to embark on plans for military conversion with the remaining 50%, and with the setting up of alternative structures for preventing conflict and war through an international regime that respects the rule of international law, and through establishing an international court of compliance where citizens could take evidence of state non-compliance with international law

 

 

 

BA in Art History, working on the Codex Borgia, - a pre-Columbian indigenous Manuscript from Mexico.

 

Master’s Degree in Education University of British Columbia developed a method, "Principle based education"--Issue-principle analysis", of teaching human rights linked with peace, social justice and environment issues. “Principle-based education within a framework of international principles drawn from international legal instruments. 

 

 

Doctorate in Interdisciplinary studies, University of Victoria addressing, in dissertation, the problem of expressing and communicating complexity and on the need to move away from simplistic models imposed on thought. ( " Endognmatic Principleand the Manifestation of this Principle in Modes of Thinking. expressing and Communicating" )

BA in Art History, working on the Codex Borgia, - a pre-Columbian indigenous Manuscript from Mexico.

 

Master’s Degree in Education University of British Columbia developed a method, "Principle based education"--Issue-principle analysis", of teaching human rights linked with peace, social justice and environment issues. “Principle-based education within a framework of international principles drawn from international legal instruments. 

 

 

Doctorate in Interdisciplinary studies, University of Victoria addressing, in dissertation, the problem of expressing and communicating complexity and on the need to move away from simplistic models imposed on thought. ( " Endognmatic Principleand the Manifestation of this Principle in Modes of Thinking. expressing and Communicating" )

BA in Art History, working on the Codex Borgia, - a pre-Columbian indigenous Manuscript from Mexico.

 

Master’s Degree in Education University of British Columbia developed a method, "Principle based education"--Issue-principle analysis", of teaching human rights linked with peace, social justice and environment issues. “Principle-based education within a framework of international principles drawn from international legal instruments. 

 

 

Doctorate in Interdisciplinary studies, University of Victoria addressing, in dissertation, the problem of expressing and communicating complexity and on the need to move away from simplistic models imposed on thought. ( " Endignmatic Principleand the Manifestation of this Principle in Modes of Thinking. expressing and Communicating" )

 

 

ANNEX

A VISION OF EDUCATION MATERIAL RELATED TO FURTHERING COMMON SECURITY

Activities of the Global Compliance Research Project on Common Security

 

 

By Joan Russow BA, M.Ed , PhD

Co-ordinator, Global Compliance Research Project

May 31.2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Executive summary

 

“The US nuclear weapons are essential for our security” is the reason given, in December 2016, by most non-nuclear NATO states for not adopting the Treaty on the Prohibition of Nuclear Weapons. Prior to the1985 Women’s conference in Nairobi, Dr. Ursula Franklin,physicist,pacifist, and educator stated, “We must reappropriate the word ‘security’ and not allow it to be distorted by the military” and recalled Dr. Olof Palme’s 1982 UN report: Common Security a Programme for Disarmament.

 

The Global Compliance Research Project has been working on an educational programme which includes: (a) Redefining “security” as common security.(b) Identifying threats to common security. (c) Placing the Sustainable Development Goals (SDGs) --the most recent international expression of common security – within the context of international precedents. (d) Delineating some UN systemic constraints, which could be overcome, to achieve common security? (e) Making a modest proposal for a Universal Declaration of Common Security.

 

 

 

 

 

 

 

 

 

 

 

TABLE OF CONTENTS

Executive summary

INTRODUCTION Page 1

A.Redefining True Security as Common Security Page 5

B.Identifying Real Threats to Security: Threats to Common Security Pages 6

I.Failing to Achieve a State of Peace, and Disarmament; to Prevent

Disasters, to Reallocate Military Expenses and to Work Towards the Delegitimization of War Pages.7-14

II.Failing to ensure the preservation and protection of the environment, respect for the inherent worth of nature beyond human purpose, the reduction of the ecological footprint, the enshrining of ecological rights, right to a healthy environment and the moving away from the current model of overconsumption Pages 15 -23

III.Failing to promote socially equitable and environmentally sound enterprises and right to development Pages 24-225

IV. Failing to promote and fully guarantee respect for human rights including labour rights, women’s rights civil and political rights, indigenous rights, social and cultural rights – right to food, right to housing, right to safe drinking water and sewage treatment, right to education and right to universally accessible not for profit health care system , and mobility rights  Pages 26-29

V. Failing to endorse fair trade rather than free trade Pages 30-31

VI. Failing to sign and ratify international conventions. covenants and treatiesand enact legislation to ensure compliance  and to embrace  peremptory norms reflected in common security international law pages 32- 34

C.Placing the SDGS within the Context of International Precedents; Pages 35-37

D.Delineating Systemic Constraints, at the UN, which have to be overcome to achieve common security. Pages 38-52

E. Making a modest proposal for a Universal Declaration of Common Security. Pages 53-57

F. Describing educational background and information about the Global Compliance Research Project Pages 58-59

Conclusion; Page 60

INTRODUCTION

 

The 1975 UNESCO Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of Mankind [Humanity], 1975) is as relevant for education now as it was in 1975

 

 

This submission on education links my long time interest in interdisciplinary thought, in ethical principles of action, and in international obligations and compliance. For my Master’s degree in Curriculum Development in Education, I developed “principle-based education” in human rights linked to peace, environment and social justice within a framework of international law. The purpose of principle-based education was to introduce, into the classroom, issues related to preventing war and conflict, protecting and conserving the environment, guaranteeing human rights and ensuring social justice. By placing issues within a context of international law, I hoped that teachers could avoid being accused of indoctrinating students. For my Doctorate in Interdisciplinary Studies, with advisers from a range of disciplines primarily from the faculty of education, I addressed the problem of imposing simplistic models, in education, on the complexity of thought.

During my almost 30 years of reviewing international instruments and 25 years of participating in the United Nations, I have found that the United Nations since its inception has, through obligations arising from covenants, conventions and treaties, through commitments from Conference Action Plans, and through expectations from UNGA Declarations and Resolutions, has created a blue print of common security principles for an education programme for furthering Common Security.

 

 

 

 

 

 

 

 

 

*A.

REDEFINING WHAT CONSTITUTES TRUE SECURITY:

COMMON SECURITY

. “True security exists when all are secure, through common security.” (Olof Palme, 1982) whose objectives could be extended to include but not limited to the following:

(a) To achieve a state of peace, and disarmament; through reallocation of military expenses and delegitimization of war;

(b) To ensure the preservation, conservation and protection of the environment, the respect for the inherent worth of nature beyond human purpose, to reduce the ecological footprint and to move away from the current model of unsustainable and excessive overconsumption

(c) To enable socially equitable and environmentally sound employment, energy and transportation and the right to development,

(d) To promote and fully guarantee respect for human rights including  labour rights, civil and political rights, indigenous rights, social and cultural rights – right to food, to housing, to safe drinking water and sanitation , right to education and right to universally accessible not for profit health care system; right to water and sanitation

(e) To fulfill the Sustainable Development Goals.

(f) To respect the international rule of law, its instruments and the jurisdiction and decisions of the international Court of Justice

 

 

 

 

 

 

 

 

 

 

 

 

 

*B.

IDENTIFYING THREATS TO COMMON SECURITY

 

The above objectives in A could be described as prescriptive. For example, to promote peace is prescriptive whereas the threatsto peace are proscriptive.

To achieve common security, education programs should be both prescriptive and proscriptive. Proscriptive; would be threats to common security that could or should be removed. Over the years, I have been impressed with the well- crafted statements in treaties, conventions, covenants, conference action plans, resolutions and declarations. These statements reflect both prescriptions and proscriptions.

The following compilation of potential threats offers, students, an opportunity to consider whether they are in fact threats to common security, and if they are perceived to be threats, then, to do research into various international  instruments which would, if implemented, remove the threats, and if there do not appear to be  any existing instruments  then  to consider what instruments would be needed  to remove the threats and to determine what systemic constraints are in place to prevent the removal of these threats.

 

 

 

 

 

 

 

 

 

 

 

 

 

I.

 

FAILING TO ACHIEVE A STATE OF PEACE, AND

DISARMAMENT;TO PREVENTDISASTERS,TOREALLOCATE MILITARY EXPENSES AND TO WORK FOR THE DELEGITIMIZATION OF WAR

There needs to be a new vision starting in 2018 (a).Recognizing that “warfare is inherently destructive of sustainable development”. (Rio Declarations. Principle 24, UNCED, 1992); (b) Acknowledging that, given  the social, environmental, health, human rights, psychological, and economic consequences of war, under no circumstance or condition is war just or legal; (c).Strengthening the international resolve to prevent the scourge of war (d) Reaffirming the sovereign equality of states.(e) Defining what constitutes real “threats”, and “real terrorism”.

 

The following threats to common security could or should be avoided:

1. Disregarding the rule of international law, including the objective of the Charter of the United Nations to prevent the scourge of war and suppression of acts of aggression;

2.Bypassing Chapter VI –the peaceful resolution of disputes including using the international Court of Justice, moving to Chapter VII of the Charter and engaging in intimidation, in cajoling or in offering economic incentives in exchange for support for military interventions;

3. Initiating war of aggression – Given the social, environmental, health, human rights, economic consequences of war, under no conditions or circumstance is war legal or just, and refusing to respect the jurisdiction and decision of International Court of Justice and supporting revenge through military intervention rather than seeking justice through the ICJ.

4. Relying on the following pretexts for aggressive interventions in other sovereign states “human security” (Iraq 1991), “Humanitarian intervention” (Kosovo, 1999), “self-defence” (Afghanistan 2001), “Pre-emptive/ preventive” attack (Iraq, 2003) “Responsibility to Protect (Haiti, 2004, Libya, 2011) or “will to intervene” (Mali, 2013). Each time the pretext was discredited, a new pretext emerged;

 5. Misusing Responsibility to Protect by  allowing  

regional organizations (including NATO) to intervene subject to subsequent Security Council authorization (if it ever comes)

.https://mail.google.com/mail/u/0/#inbox/162df9b231df31b6?projector=1&messagePartId=0.1 ;

 6. Misconstruing of Article 51 (self-defence) of the Charter of the United Nations    to justify premeditated non-provoked military aggression;

7. Invading other sovereign states, with troops on the ground, aerial bombing, drones, and prohibitive weapons such as cluster bombs and personnel land mines;

8. Conceiving of the role of “contributing to international peace and security” as the one to intervene with armed forces in sovereign states or to use so-called “Defence Diplomacy” (DPR);

9. Participating in wars and abandoning decades of diplomatic inactivity, with the foreign ministries largely sidelined and marginalized by efforts to promote states as a “warrior  nations” and relying on the so-called device of “hearts and minds”;

10. Engaging  in covert and overt “Operations” against sovereign states, from “Operation Zapata”,  “Operation Northwoods” against Cuba, through “Operation Condor” in Chile, or mollifying public opposition by couching aggressive acts in euphemistic operations such as “Operation Just Cause” against Panama and “Operation enduring freedom” against Afghanistan, “essential harvest” against Yugoslavia  “Operation Iraqi Freedom” against Iraq. “Operation Concordia” Against Macedonia,  “Operation liberty shield” etc.;

11. Targeting or assisting in the assassination of leaders of other sovereign states, and of engaging in “regime change”;

12. Failing to reallocate military spending as proposed at Habitat I in 1976 and defying years of commitments to reduce 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);

http://pejnews.com/index.php?option=com_content&view=article&id=10910:years-of-international-commitments-to-reduce-the-military-budget-ignored&catid=74:ijustice-news&Itemid=216

Also, in 1992, all member states recognized that in Chapter 33, of Agenda 21, member states of the United Nations made a commitment to the “the reallocation of resources presently committed to military purposes”. (33.18e, Agenda 21, UNCED);

13 Coercing states to increase their military budgets which causesmisplaced spending priorities: on militarism, on production of products and substances harmful to the environment and human health, and failing to redirect budgetary expenses to eradicate poverty;

14. Refusing to demilitarize the economy by reallocating resources presently committed to military purposes to provide for the needs of citizens, and to pass on the peace dividend to the developing countries as undertaken through number of UN General Assembly Resolutions and Conference Action Plans;

15. Trumping health, environment, civil and political and human rights for the sake of “militarized security”, power and profit, and propping up and financing military dictators, and supplying arms to sustain occupation of a people;

16. Destabilizing states and regions through the sale of arms, including through the guise of “foreign aid’ or through infiltration of NGOs;

17. Selling of arms around the world including nations that have violated human rights, not phasing out the production of arms,continuing to make profit- from the sale of arms and trade in small arms, and refusing to ratify the arms trade treaty;

18. Condoning the practice of sending arms as ODA and tying in, the extension of active assistance to developing countries, to political or military conditions.

19. Holding International Arms Trade Fairs which demonstrate arms which often have not yet been prohibited under Article 36 under additional protocol 1 -- New weapons 

20. Discounting “Any propaganda for war shall be prohibited by law”. (Art. 20, International Covenant on Civil and Political Rights, 1966);

21. Producing and using land mines in violation of the Ottawa Convention Against Landmines, and procrastinating about removing land mines from all areas of the world where land mines are known to exist;

22.Pretending that a University drone project is for benevolent purposes when the contract states that the funding is for the production of drones “that are configurable to military purposes”, and using armed drones even though they will be shown to contravene the principles delineated in the Geneva Protocols; and refusing (i) to punish anyone who abused the drone or surveillance programs, or (ii) to name innocent drone victims, (iii) to make public the administration’s criteria for its “targeted killings” or (iv) to make public all surveillance agreements with private companies;

http://www.tomdispatch.com/post/176217/tomgram%3A_pratap_chatterjee%2C_obama%27s_last_chance

23. Condoning threats, by Lockheed Martin, against those states who fail to continue with the purchase F35s;

24. Condoning nuclear arms states which  have failed to ratify the  Nuclear Non-Proliferation Treaty (NPT), and parties to the NPT that are in non-compliant with Article VI of the Treaty, (Article VI: commits all parties to pursue negotiations in good faith on measures to end the nuclear arms race and to achieve disarmament); Refusing to sign and ratify the Treaty on the Prohibition of Nuclear Weapons;

 25. Voting against the Treaty on the Prohibition of Nuclear Weapons: On May13 2016; and against  the Vote in the UNGA, related to the drafting of a Treaty on the Prohibition of Nuclear Weapons and supporting the following:

1) Nuclear weapons must be maintained indefinitely No! Says Article VI & Steps 6, 9 and 11. 

2) We will improve their use and accuracy (modernize them). No! Says Article VI of the NPT, via Steps 2, 6, 9. 

3) We can use them first. No! Say Steps 6 and 9.

4)  We can target non-nuclear weapon states. No! says NPT Article II

5) We can threaten to use them. No! Says the NPT (implicitly).

 6) We can keep them in Europe as they are now doing. No! Says Article II. (NPT) 

 7) We can launch some on 15 minutes warning. No! Says Step 9 

 8) We say “they are essential for peace”. No! Says the Non-Proliferation Treaty and its 13 Steps” (Assessment of NATO`S policy made by Murray Thompson,  Canadian Network to Abolish  Nuclear Weapons (CNANW);

26. Reneging on the agreement, with Russia, to not move one inch further East of Germany;

27.Developing and promoting Ballistic Missile Defence;

In 2014. The Bulletin of Atomic Scientists  affirmed;

Since 2002, when the United States withdrew from the Anti-Ballistic Missile Treaty, the international arms control regime has included no limits on missile defense. Washington wants to keep it that way, insisting that it "will continue to reject any negotiated restraints on US ballistic missile defenses." Many experts believe that missile defense undermines strategic stability;

28. Failing to sign and ratify all Geneva Protocols, including Protocol V, which requires the removal of remnants of war, to abide by the Geneva protocols on prohibited weapons and to sign and ratify and implement the Convention for the Banning of Landmines;

29. Engaging in propaganda for war (ICCPR), including establishing or supporting military bases, engaging in war games, such as Exercise Trident Fury, Northwest Training Range Complex. And trident juncture –the largest Maritime exercise in nearly two decades;

30. Using government pension funds to invest in weapons systems. The definition of what constitutes “due diligence” is skewed in favour not of furthering common security but of ensuring dividends;

31. Maintaining weapons of mass destruction such as nuclear, chemical (some still stockpiled), and biological (some still stockpiled), in contravention of what was agreed to UNCHE in 1972, and in specific conventions;

32. Continuing to use cluster bombs and refusing to become a signatory to the Convention on Cluster Munitions (CCM) which  prohibits the use, transfer, and stockpiling of cluster bombs;

33. Mining uranium, , using depleted uranium  weapons, in war games such as those and exporting uranium to be used by nuclear weapon states,  using the fungibility principle to legitimize the sale of uranium to nuclear weapon states, and voting against the UN Resolution on Depleted Uranium

34 Building, circulating and berthing of nuclear powered or nuclear arms-capable vessels throughout the world and refusing to confirm or deny whether the berthing vessels contain nuclear weapons;

35. Condoning the destabilizing impact of the Middle East as a result of the possession, by Israel, of nuclear weapons and voting against UN resolutions related to Israeli occupation and expansion of settlement , and voting against the Declaration on a nuclear free Middle East;

36.Engaging in destabilization in Latin America through selling arms, through disinformation, through intimidation campaigns during elections, through refusing to recognize the election, through posing sanctions and through threatening to invade;

37. Contravening the obligations under the 1967 Outer Space Treaty to do the following:  ensure that exploration and use of outer space, including the moon and other celestial bodies, shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind [humanity]. Mining  in space law may violate the Outer Space Treaty of 1967, which declares, among other things, “states shall avoid harmful contamination of space and celestial bodies.” ;http://www.spacedaily.com/reports/New_US_space_mining_law_may_ violate_international_treaty_999.html

 38. Being complicit in violating the Convention against Torture by rendering .prisoners to states that condone torture and using the guise of “plausible deniability” to feign ignorance.

 39. Failing to repeal legislation which is violating civil and political rights, including racial profiling, which contravenes the international Covenant on Civil and Political Rights;

40. Advancing artificial intelligence (AI), deep-learning, and robotics which will have a profound impact on military strategies. The effects of these capabilities will be felt across the spectrum of military requirements – from intelligence, surveillance, and reconnaissance to offense/defense balances and even on to nuclear weapons systems themselves;

41. Withdrawing from the Rome Statute or refusing to be judged by an international tribunal for any actions that might be deemed to violate international law related to crimes against the peace, to war crimes, or to genocide;

42. Misusing UN “peacemaking” forces to clean up aggressive acts of destruction and occupation caused by other states rather than concentrating on prevention of conflict and Peace keeping;

43 Setting up military bases in other sovereign states and refusing  to convert, to peaceful purposes, all existing foreign military bases in sovereign states around the world;

44. Expanding sonar testing and other warfare training off the Northwest coast and proposing thirty  bombing exercises a year, as well as increased air-to surface missile exercises;

45. Dispatching the  military for  peace time  disasters;

file:///C:/Users/admin/Desktop/Militarism%20and%20Peacetime%20Disasters.by%20ken%20Hewitt.pdf

 46. Engaging in unsustainable patterns of production and consumption, particularly with industrialized countries; this pattern has contributed to poverty, to the inequitable distribution of resources within countries and between countries, has increased the vulnerability to natural disasters and has threaten the well-being of future generations;

47. Causing Natechs- natural disasters through technology or technological disasters caused by natural disasters and relying on after-the fact attempts to reduce or mitigate disasters rather than preventing harm;

48. Failing to revoke charters and licences of corporations that have violated  common security such as (human rights, including labour rights, that have contributed to war and violence, that have denied social justice, and that have led to the destruction of the environment; and permitting Corporations to be deemed to be citizens and in this capacity they can vote in elections;

49.. Refusing to abide by the 1975 UNESCO Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of humanity:

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

 

NOTING with concern that scientific and technological achievements can be used to intensify the arms race, suppress national liberation movements and deprive individuals and peoples of their human rights and fundamentals.

NOTING also with concern that scientific and technological achievements can entail dangers for the civil and political rights of the individual or the groups and for human dignity. (Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of Mankind Humanity, 1975)

All States shall refrain from any acts involving the use of scientific and technological achievements for the purposes ... waging aggressive wars, suppressing national liberation movements or pursuing a policy of racial discrimination.  Such acts are not only a flagrant violation of the Charter of the United Nations and principles of international law but constitute an inadmissible distortion of the purpose that should guide scientific and technological developments for the benefit of mankind (Art. 4. Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of humanity, 1975)

All states shall co-operate in the establishment, strengthening and development of the scientific and technological capacity of developing countries with a view to accelerating the realization of the social and economic rights of the peoples of those countries (Art. 5. Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of humanity, 1975)

All states shall take the necessary measures, including legislative measures to ensure that the utilization of scientific and technological achievements promotes the fullest realization of human rights and fundamental freedoms without any discrimination; whatsoever on grounds of race, sex, language or religious beliefs (Art. 7. Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of humanity, 1975).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

II

FAILING TO ENSURE THE PRESERVATION AND PROTECTION OF THE ENVIRONMENT, THE RESPECT FOR THE INHERENT WORTH OF NATURE BEYOND HUMAN PURPOSE, THE REDUCTION OF THE ECOLOGICAL FOOTPRINT, THE ENSHRINING OF ECOLOGICAL RIGHTS, RIGHT TO A HEALTHY ENVIRONMENT AND THE MOVING AWAY FROM THE CURRENT MODEL OF OVERCONSUMPTION

There needs to be a new vision beginning now in 2018, to enact the necessary legislation to ensure compliance with the following: conventions: Convention on Biological Diversity; UN Framework Convention on Climate Change and to implement the international version of the precautionary principle, which appears in the Rio Declaration, the UN Framework Convention on Climate Change and the Convention on Biological Diversity, as a general and enforceable principle of law. To embark immediately on the transition to socially equitable and environmentally sound energy and transportation system, and disaster prevention. 

 The following threats to common security must be avoided:

50. Failing to establish a time –table for phasing our fossil fuel and nuclear   energy and for transitioning to the rapid development of solar and other forms of non-polluting energy, and for more efficient energy use (1992 Nobel Laureate Declaration);

 51.Advancing the notion of “national interest’ to promote destructive industrial projects such as pipe lines which are opposed by local communities for environmental reasons, and condoning corporations offering bribes, to vulnerable communities, to obtain consent for destructive industrial projects which are not in the communities long term interests;

 52 Engaging in unsustainable patterns of production and consumption, particularly with industrialized countries; this pattern has contributed to poverty, to the inequitable distribution of resources within countries and between countries, has increased the vulnerability to natural disasters and has threaten the well-being of future generations; andrecognizing that not only the actual  and potential impact of independent ecological disasters  warrants urgent attention but also the potential  accumulative and synergistic impact of the converging of these independent ecological disasters requires urgent action The potential accumulative and synergistic impact is   unpredictable, indeterminate and uncertain.  In the face of this unpredictability, indeterminacy anduncertainty, caution is deemed to be the only prudent action.

53. Failing to recognize:

 Land is one of the fundamental elements in human settlements. Every State has the right to take the necessary steps to maintain under public control the use, possession, disposal and reservation of land. Every State has the right to plan and regulate use of land, which is one of its most important resources, in such a way that the growth of population centres both urban and rural are based on a comprehensive land use plan. Such measures must assure the attainment of basic goals of social and economic reform for every country, in conformity with its national and land tenure system and legislation”.(11 I0 Habitat I);

54. Failing to recognize:

The nations must avoid the pollution of the biosphere and the oceans and should join in the effort to end irrational exploitation of all environmental resources, whether non-renewable or renewable in the long term (11 I0 Habitat I). The environment is the common heritage of humanity and its protection is the responsibility of the whole international community. All acts by nations and people should therefore be inspired by a deep respect for the protection of the environmental resources upon which life itself depends.” (II, 11 Habitat I);

55. Failing to discharge the obligation under Article 1 of the legally binding International Covenants on Civil and Political Rights and on Economic Social and Cultural Rights Is the following obligation, “in no case may a people be deprived of its own means of subsistence” and to adopt the UN Declaration on the Rights of Indigenous Peoples.

56. Dumping wastes, including military wastes in pristine watersheds; rivers and the oceans. Refusing to designate seas as Particularly Sensitive Seas Areas  (PSSA)  under the  International Maritime Organization (IMO);

57. Contributing to climate change by contemplating increased development and distribution of fossil fuels and by subsidizing the fossil fuel industry and expanding extraction of fossil fuels, through fracking, constructing pipe lines using tankers and thus failing to discharge its obligations under the UN Framework Convention on Climate Change.

58.Ignoringthe serious consequences of fracking such as earthquakes  and more methane releases than previously reported;

59. Permitting dams, which will cause the flooding of land and the destruction of food security, and the undermining the water rights and subsistence of indigenous peoples, and ignoring impact on downstream countries.

60. Failing to act on the urgency of moving to socially equitable and environmentally sound renewable energy such as solar, wind, wave, tidal and geothermal.

61.  Accepting non-ecologically sound projects because funds from these projects could be allocated for humanitarian projects;

62. Exploiting Nature instead of adopting the1982 World Charter of Nature that maintains, “every form of life is unique, warranting respect regardless of its worth to humans, and to accord other organisms such recognition’s, humans must be guided by a moral code of action”, and ignoring the Universal Declaration on the Rights of Mother Nature, as proposed by Bolivia in Cochabamba in 2010 and subsequently presented to the United Nations;

http://therightsofnature.org/tag/universal-declaration-of-rights-of-mother-earth/

63. Increasing the ecological footprint which has contributed to a socially inequitable and environmentally unsound world and ignoring|:

 The converting nature into a source of raw materials, and condoning the growing amount of waste material … the by-products of urbanization, industrialization and the consumer society; the environmental hazards it creates, together with the need to economize resources, has rendered profligate waste-generating life styles, obsolete. (Rec. C 13 (a) (Habitat  I);

64. Misconstruing the international version of the precautionary principle – The international version is in the Rio Declaration, the Convention on Biological Diversity, and the Framework Convention on Climate Change- as a general and enforceable principle of internal customary law. the principle read:

Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent the threat.” (Principle 15, Rio Declaration, UNCED1992).

 This principle is also contained in the Convention on Biological Biodiversity:

where there is a threat of significant reduction orloss 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

 The principle is also in  the UN Framework Convention on climate change:

 Principle 3 3. The Parties should take precautionary measures to anticipate, prevent or minimize the causes of climate change and mitigate its adverse effects. Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing such measures, taking into account that policies and measures to deal with climate change should be cost-effective so as to ensure global benefits at the lowest possible cost. To achieve this, such policies and measures should take into account different socio-economic contexts, be comprehensive, cover all relevant sources, sinks and reservoirs of greenhouse gases and adaptation, and comprise all economic sectors. Efforts to address climate change may be carried out cooperatively by interested Parties.

 And in1995 agreement “relating to the Conservation and management of straddling fish stocks and highly migratory fish stocks is the Application of the Precautionary approach:

1. States shall apply the precautionary approach widely to conservation, management and exploitation of straddling fish stocks and highly migratory fish stocks in order to protect the living marine resources and preserve the marine environment. (Article 6.1).

65.Failing to apply theprecautionary principle to deep sea bed mining  where unique marine life could be affected ,pollutants could be conveyed out of the deep sea and into marine food chains or within the range of coastal communities and potential deep sea mining project could impact on marine biodiversity, fisheries and coral reefs, as well as people and communities, risks include irreversible ecosystem destruction, direct as well as indirect biodiversity loss from plumes and sedimentation, underwater noise and toxic pollutionandlack ofunderstanding of deep sea ecology does not make it possible to issue any conclusive risk assessment of the effects seabed mining`There is sufficient evidence that there could be serious irreversible damage, loss of significant biological diversity, adverse effects of climate change, and harm to marine life to justify invoking the precautionary principle and end the fossil fuel production;

 66. Jeopardising rights of future generations by condoning current irreversible practices that will violate the rights of future generations- intergenerational equity including the rights of future generations to their cultural, natural heritage and to a safe environment and ignoring previous obligations:

Under the article 4 of 1972 legally binding UN Convention on the Protection of Cultural and Natural Heritage:

the duty of ensuring the identification, protection, conservation, preservation and transmission to future generations of cultural and natural heritage.Under Article 12, of the Convention on biological Diversity “is an obligation to conserve and sustainably use biological diversity for the benefit of present and future generations.

In the framework Convention on Climate change, there is determination to protect the climate system for present and future generations:

 Parties should protect the climate system for the benefit of present and future generations of humankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities. Accordingly, the developed country Parties should take the lead in combating climate change and the adverse effects;

67. Refusing at COP 21 to abide by Secretary Geneeral Ban Ki Moon’s request,``to negotiate not from  national interest but from a global vision”.(Secretary General,Ban Ki Moon, Press Conference.COP21).

A global vision could be interpreted as the need  to address article 2 of the UNFCCC and at aminimum the following:(a) To immediately end all subsidies for fossil fuels; (b) To calculate the carbon budget for each state;(c) To divest in fossil fuels and to reinvest and invest in renewable energy; (d ) To conserve sinkssuch as old growth forests and bogs; (To strengthen conservation of  biodiversity; (e) To abandon false solutions such as nuclear, geo-engineering and biofuels; (f) To compensate for historical carnonemissions; (g) To institute a fair and just transition for workers affected negatively by the new vision; (h) To promote nature based solutions and socially equitable and environmentally sound energy such as solar,wind, tidal, and geothermal; (i) To live or build with nature to prevent floods  (j) To apply “no go” principle to World Heritage sites and Indigenous Community Conservation Areas (ICCA);(k) To end the exemption for military contribution togreenhouse gas emissions, and (l) To reallocate the military budget and transfer the funds to address climate change;

68.  Speculating about peak oil resulted in an illusion of scarcity and of unmet demand, giving rise to increased extraction,undermining the divestment of fossil fuels, especially those from the unconventional sources such as the tar sands ,.opposing reduction of other greenhouse gas producing activities, supporting fracking and denying the substantial contribution to greenhouse gas emissions caused by methane gas resulting from the dependency on animal protein;

69. Promoting false “solutions” to climate change such as biofuels, large hydro projects, and nuclear energy which are not socially equitable and environmentally safe and sound renewable energy sources;

70. Supporting a market based proposal of the aspect of the “Green Economy” that commodifies nature through giving market value to “ecological agents.

71. Ignoring the scientific evidence about salmon aquaculture’s causing sea lice, in wild salmon and about Interox Paramove 50, which is known to harm marine organisms such as young salmon, herring and prawns, to be used to kill Sea lice;

72. Permitting strategic lawsuit against public participation, or SLAPP suits, a term coined in the 1980s by two University of Denver law professors. A SLAPP effectively censors public speech by invoking the court system to intimidate critics. Faced with the time and attorney’s fees involved in defending against such a lawsuit, the easier path for a defendant often is to retract an unflattering statement about a merchant or service provider, even if the statement is true;

73. Failing to revise the reverse onus principle which places the onus not on the proponent of an intervention to prove safety but on the opponent, to demonstrate harm;

74. Causing Natechs- natural disasters through technology or technological disasters caused by natural disasters and relying on after-the fact attempts to reduce or mitigate disasters rather than preventing harm; and contributing to environmental devastation and disasters which contribute to Health problems

 

75.Discounting  the precautionary principle, and producing and distributing genetically engineered food and crops, and engaging the practice of biopiracy of genes of indigenous peoples, the dumping of GE food and adventitious materials [living modified organisms] on developing countries, and condoning the  placing, on  the shelves,  processed foods containing genetically engineered material.Genetically engineered food and crops have contaminated the Global food system and undermined food security and must be banned. The institutional Collusion, in relation to genetically engineered food and crops, among corporations, governments, universities and regulatory agencies has been endemic; this collusion has sadly spread to certain scientific publications.  For the sake of food security for present and future generations: (a) this collusion must end, (b) the precautionary principle must be invoked, (c) genetically engineered food and crops, banned; (d) the charters of Monsanto et al, revoked; and (e) charges of gross/criminal negligence against these corporations, levied;

76. Exempting, under the Stockholm Convention, certain Persistent Organic Pollutants (POPs) which are bioaccumulative and toxic. and are capable of traveling long distances from their original source;

77. Refusing to support adding chrysotile to the list of hazardous substances in the Rotterdam Convention;

78. Permitting the use of  Neonicotinoid pesticides which have been associated with the decimating bee populations, and the extensive use of Glyphosate;

79. Opposing the prosecution of countries for violating the transboundary principle that holds that adjacent states shall be held legally responsible for any pollution, in other states, caused by activities under their own jurisdiction;

80. Causing environmental devastation and then relying on restorative or clean-up technologies to remediate the environmental destruction rather than taking the preventive approach so as to avoid costly and inadequate subsequent measures to “rehabilitate” the site;

81. Engaging in unsustainable forest management such as clearcutting instead of selection logging, converting of forests into agricultural land and expanding large-scale agro-industrial monocultures for food, fibre; driving deforestation, habitat destruction, and replanting with palm oilplantations;

82. Misappropriating agricultural land for the growing of biofuel and contributing to food insecurity, and purchasing and using of land for biofuels to serve foreign markets and undermine food security; 

83. Causing land degradation, soil erosion, salinization, water logging, and soil pollution, which all contribute to loss of soil fertility;

84. Substituting proposals of adaption to or offsetting of climate change rather than seriously addressing the issue of preventing climate change by reducing greenhouse gas emissions. Using the guise of `transition` `to justify continuation of the fossil fuel industry such as oil exploitation, LNG. Carbon capture, Pipelines;

85. Ignoring the urgency for moving immediately to socially equitable and environmentally sound renewable energy such as solar, wind and geothermal tidal. 

86. Failing to call upon the corporate sector to adopt the United Nations Declaration on the Rights of Indigenous Peoples as a framework and to apply its principles, norms, and standards to corporate policy and core operational activities involving Indigenous peoples and their lands and resources. This would include, but not be limited to committing ``to meaningful consultation, building respectful relationships, and obtaining the free, prior, and informed consent of Indigenous peoples before proceeding with economic development projects”;

 87. Disregarding the failure of the Intergovernmental Panel on Climate Change to investigate and estimate the full impact of greenhouse gas emissions by the military, and opposing the demand that each state release information related to the greenhouse gas emissions from the production of all militarism, from military exercises, war games, weapons testing, military aviation troop transfer, military operations, and waste generation, to reconstruction after acts of violent interventions etc. ;

88.Supporting at COP15, the practice of member states relying not on the emerging scientific data, but on the IPCC 2007 report which was based on 2004 and 2005 data The emerging data now indicates the urgency of keeping the rise in temperature below the dangerous level of 1°C, [which is the point at which global systems on land, water and air will be so affected as to create vicious feedback cycles and destabilise many ecosystems and human societies]; whereas the IPCC 2007 Report had indicated that 2 degrees was the safe threshold. The emerging scientific data also indicates that there are more serious climate-induced events than anticipated in the 2007 IPCC Report. In COP21, failing to recognize that even at 1degree rise in temperature from pre-industrial levels, there are climate incidence that contravenes article 2 of the UNFCCC The ultimate objective of this Convention and any related legal instruments that the Conference of the Parties may adopt is to achieve, in accordance with the relevant provisions of the Convention, stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. Such a level should be achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner;

89. Failing at COP 21 to respect the original baseline of 1990 and target of 2020 and opting for making “contributions” rather than binding commitments as required under UNFCCC;

90. Disregarding the climate injustice of using the atmospheric space of developing countries, and refusing to pay compensation; 

91. Condoning the practice, by the International Atomic Energy Agency (IAEA), of violating the principle that a regulator must not be a promoter be; at international conferences the IAEA continuously  of promotes civil nuclear energy;

92. Justifying the use of civil nuclear energy, and accepting nuclear energy as the solution to climate change and supporting Article IV of the NPT which bestows the inalienable right of states to access so-called “peaceful”use of nuclear energy;

93.Ignoring the inextricable link between civil nuclear energy and the development of nuclear weapons;

94 Relocating and transferring “to other States any activities and substances that cause severe environmental degradation or are found to be harmful to human health”. (Principle 14 Rio Declaration, 1992);

95. Showing defiance of principle 7 of the 1992 Rio Declaration which was adopted by all states at the UN Conference on Environment and Development (UNCED). This principle states that: `

States shall cooperate in a spirit of global partnership to conserve, protect and restore the health and integrity of the Earth’s ecosystem. In view of the different contributions to global environmental degradation, States have common but differentiated responsibilities. (Principle 7, Rio Declaration);

96. Causing environmentally induced diseases, refusing to address the social determinants of health problems- such as poverty, and provide universal access to a publicly-funded not-for-profit health non-two tier health care system;

97 Supporting the lack of commitment to ensure, as agreed in, 1976, at Habitat II, that Corporations, including transnational corporations, comply with international law, including international environmental law;

98. Tolerating the notion of ‘prior consent” to persuade the poor, disadvantaged and vulnerable developing  countries or communities within developed countries to accept the dumping of products and substances that are potentially harmful to the environment and human health;

99. Promoting the ruse of using extra-territorialism. –what right do we have to impose our higher standards on a developing country with lower standards;

100. Condoning Pharmaceutical collusion between university and Pharmaceutical corporations, and the policy of permitting Universities to sell products of research to corporations;

101. Disregarding the practice of the Pharmaceutical and PR industry creating new health problems to justify market potential for new drugs (Alan Cassels, Selling Sickness);

102. Condoning corporate patenting of genes under the WTO TRIPS provision.

103. Tolerating pharmaceutical industry’s pushing drugs when change in life style could effectively address the health problem.

104. Producing and exporting of products that have been banned... or withdrawn;

105. Exporting products banned or not yet approved in country of origin;

III

FAILING TO PROMOTE SOCIALLY EQUITABLE AND ENVIRONMENTALLY SOUND ENTERPRISES AND RIGHT TO DEVELOPMENT

 

In 1994 it was recognized:

The effective use of resources, knowledge and technologies is conditioned by political and economic obstacles at the national and international levels. Therefore, although ample resources have been available for some time, their use for socially equitable and environmentally sound development has been seriously limited”. (Preamble 1.1. International Conference on Population and Development, 1994)

There needs to be a revival of this vision in 2018, to embark on transition to socially equitable and environmentally sound enterprises and to avoid the following threats to common security;

106. Condoning the fossil fuel corporations claiming that they are the “transition” to renewables; and power corporations claiming large dams are, ``clean renewable energy` `and even criticizing excessive solar energy  for undermining the justification for new dams;

107. Promulgating Corporatism and questionable Financial Institution practices, including  the violation of the principle of bribing officials both internationally and nationally to secure support for socially inequitable and environmentally unsound projects;

108. Condoning the privatization, including Public Private Partnerships, of public services such as water, sewage and health care, and opposing the affirmation that the access to water is a human right;

109. Promoting corporate funding of education, including the corporate direction of research, and opposing principle that research must be arms-length and not tied to corporations;

110. Opposing the international commitment made. ``to ensure that corporations, including transnational corporations, comply with international law including international environmental law.``  (Habitat II1996) and supporting corporate “voluntary compliance” such as ISO 14000;

111. Promoting the subsidizing and investing, of public funds, including pension funds, in corporations that have developed weapons of mass destruction and “conventional arms” that have violated human rights that have denied social justice, that have exploited workers, and that have destroyed the environment. Condoning the failure to require positive and negative screens in Pension funds

112. Opposing the revocation of charters of corporations, including transnational corporations, which have engaged in activities that impact on health and environment, including on the right to food, and right to water;

113. Opposing the phase-out of sunset industries-ones that are harmful to human health and the environment, and the instituting of a fair and just transition for workers and communities affected by the phase out, and condoning the lucrative profits made on money trading; and failing to  implement the principle of fair and just principle for jobs and communities which are negatively impacted by the transition to socially equitable and environmentally sound employment;

114. Engaging in the egregious practice of derivatives and other banking schemes, and supporting  non-cooperative and non-community banks;

115. Bailing-out of corporations and banks under the guise of their being “too big to fail”, and reclassifying of function, by financial institutions, such as Goldman Sachs in order to take advantage of the bailout, allowing corporations to have the status of persons;

116. Supporting the centralization of banks and the egregious funny money banking systems and promoting the capitalist, exploitative, competitive economic model, and condoning corporate funding of politicians;

121. Disregarding the shifting, by corporations, of their addresses offshore to lower their taxes, and the evading, by corporations, of criminal charges by spinning off their companies.

122.Discrediting the principles in UN Global Compact by including corporations  like Enbridge which violates Principle  1, like Monsanto which violates principle 7, and Royal Dutch oil and Petronet LNG, which violate principle 9,and failing to become members of  International Renewable Energy Agency (IRENA) which has,

In 2018, 156 member states.

 

 

 

 

 

IV.

FAILINGTO PROMOTE AND FULLY GUARANTEE RESPECT FOR HUMAN RIGHTS INCLUDING LABOUR RIGHTS, WOMEN’S RIGHTS, CIVIL AND POLITICAL RIGHTS, INDIGENOUS RIGHTS, SOCIAL AND CULTURAL RIGHTS – RIGHT TO FOOD, RIGHT TO HOUSING, RIGHT TO SAFE DRINKING WATER AND SEWAGE TREATMENT, RIGHT TO EDUCATION

 

There needs to be a new vision beginning in 2018 to implement  fully  the human rights instruments related to common security and to enact the necessary legislation to ensure compliance with the following conventions: Convention on the Elimination of all Forms of Discrimination Against Women and its protocols; the International Convention on the Elimination of all Forms of Racism, the Convention on the Rights of the Chid: The International Covenant on Civil and Political Rights, and, its Optional Protocols. Convention Against Torture to ratify the International Covenant of Social economic, and Cultural Rights, and International Labour Conventions as well as enacting legislation to comply with the adoption of the UNDRIP, and to enshrine in the constitution the rights protected in the International Covenant on Economic, Social Rights; to ratify the Convention on the rights of migrant Workers and their families, and to prevent discrimination on the grounds of “social condition”. Supporting the World Health Organisation’s recognition, “the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, and economic or social condition”.

And to avoid the following threats to common security;

123.  Promulgating social injustice, human rights violations, and poverty; and disregarding the widening gap between the developed and the developing countries and opposing the steadily accelerating economic and social development and peace and justice for present and future generation... (Preamble, Declaration on the Establishment of a new international economic order, 1974);

124. Refusing to cancel Third World debt and to implement the longstanding international commitment to transfer .7% of the GDP for overseas development aid (ODA).12. And  to forgive all developing-nation debt arising from loans by international bodies such as the World Bank and the IMF, and to terminate all structural adjustment programs (SAP’s) which seek to ensure repayment of such debt at the expense of ordinary citizens;

125.Refusing to act on the recognition that Indigenous peoples are the most to suffer from but the least responsible, for militarism, climate change, loss of subsistence and exploitation of resources, but the most likely to further solutions for global problems; 

126.Tolerating the  discrimination on  some of  the following grounds:  - race, tribe, or culture; - colour, ethnicity, national ethnic or social origin, or language; nationality, place of birth, or nature of residence (refugee or immigrant, migrant worker); - gender, sex, sexual orientation, gender identity, marital status, or form of family, [including same-sex marriage] – disability or age; - religion or conviction, political or other opinion, or – class, economic position, or other status to include LBGTQ Rights and social condition. “social condition” is id included in a principle enshrined in World Health Organization, “The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition”;

127. Condoning extrajudicial killings-  the killing of a person by governmental authorities without the sanction of any judicial proceeding or legal process and tragically often with the sanction of the justice system;

128. Colluding with enforcement to suppress opposition to  corporate extractive projects such as mining, including  strip mining and deep sea mining;

129.Funding NGOs which are used by oppressive states to justify reducing or eliminating funding for public service such as health care  and education or sanitation;

130.Condoning the violation of human rights including labour rights, civil and political rights, social and cultural rights- right to food, right to housing, right to water right to sewage treatment, right to a universally accessible, not-for-profit health care system, right to education and social justice

131 Denying labour the right to strike, and the right to have collective bargaining, and many other International Labour Conventions. Refusing to ratify or implement  ILO Conventions, and failing to  implement the principle of fair and just transition principle for jobs and communities which are negatively impacted by the transition to socially equitable and environmentally sound employment;

132. Opposing the requirement of equal pay for work of equal value as guaranteed in the legally binding International Covenant on Social Economic and Cultural Rights. Under 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;

133.Promulgating private rather than public education for all at all levels

134. Redefining what constitutes torture in contravention of the Convention Against Torture through Cruel, Inhumane or Degrading Treatment or Punishment; 

135. Engaging in the practice of rendition of prisoners to states that are known to practice torture and being an accomplice in violating the Convention Against Torture;

136. Using cruel and inhumane punishment such as capital punishment, which violates accepted international norms; and ignoring the third regional Congress against the death penalty which was held in Côte d’Ivoire, in Abidjan, in 2018 from April 9 to 10th. Africa is named as the “next abolitionist continent”;

137. Discriminating against immigrants, and refugees and Migrant Workers and their Families; implementing the “Secure” Fence Act and supporting walls between states to keep out both  refugees and people in occupied territories;

138. Condoning racial profiling  in ‘no-fly list’, and no-cross boarder lists and excluding refugees on the basis of country of origin in violation of Article 3 of the 1951  Convention related to the Status of Refugees

The Contracting States shall apply the provisions of this Convention to refugees without discrimination as to race, religion or country of origin, (Convention Relating to the Status of Refugees.1951);

139. Targeting, intimidating and discriminating against activists on the grounds of political and other opinion (a listed ground in Article 2.1 of the International Covenant on Civil and Political Rights:

1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status;

140. Engaging in  religious extremism and proselytization, including the spread of doctrines, which have undermined local indigenous cultures, and instilled fear through the beliefs in the “rapture”, “Armageddon” and “left behind”, and dispensationalist “end times”;  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

V.

FAILING TO PROMOTE FAIR TRADE RATHER THAN FREE TRADE

There needs to be a new vision of trade which does not undermine regulations and laws that protect socially equitable and environmentally sound practices, that guarantee human rights, that ensure social justice, that provide equitable distribution of resources,, that foster Intergenerational equity and that lessen the gap between the developed and developing countries

141. Engaging in exploitative trade and the undermining, by International Trade organizations, such as GATT, and the subsequent WTO, of measures which would advance and promote socially equitable environmentally safe and sound renewable energy, transportation, agriculture, forestry etc.;

142. Opposing the dismantling or abrogating of trade institutions and agreements, such as WTO and NAFTA,FIPA CETA .TPP which do or would promulgate globalization, deregulation and privatization; these institutions and agreements undermine the rule of international public trust law, and condone and actively facilitate corporations benefiting and profiting from war and from environmental destruction and human Rights violations and  from ignoring the following commitment:

to ensure that all corporations including transnational corporations, comply with national laws and codes, social security regulations, applicable international agreements, instruments and conventions, including those related to the environment, and other relevant laws (Section 167 Platform of Action UN Conference on Women: Equality, Development and Peace);

143. Tolerating all proposals which will result, through the practice of harmonization of standards and regulations, in the arriving at the lowest common denominator for health and environmental standards;

144. Condoning the practice of “testing once`` (if the private sector has already tested the substance or product, environmental agencies would have to justify before congress if they want to test again). “Testing once” is advocated to eliminate redundancy so that if a product is tested in other countries it does not have to be tested again. This practice would undermine the ability of states to carry out their own tests and ban substances

145. Imposing the IMF Structural Adjustment Program which has led to the violation of human rights, which has exploited citizens in the developing world, which has resulted in years of privatization, and elimination of essential services throughout the world and which has adversely impacted on vulnerable and indigenous peoples around the world;

146.Appointing  Agency heads who have worked to undermine the agency itself and is even opposed to the existence of the Agency;

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

VI–

FAILING TO SIGN AND RATIFY INTERNATIONAL CONVENTIONS. COVENANTS AND TREATIES AND ENACT LEGISLATION TO ENSURE COMPLIANCE  AND TO EMBRACE  PEREMPTORY NORMS REFLECTED IN COMMON SECURITY INTERNATIONAL LAW

 There needs to be a new vision beginning in 2018 to ensure that states promote Common security and sign and ratify key international instruments which promote common security and enact the necessary legislation to ensure compliance and redress the following:

147. Failing to ratify the Vienna Convention on the Law of Treaties, especially Article 18 article 53 and 64 related to peremptory norms. Common Security international law  reflects  peremptory norms;

Discounting Article 18 which is applicable to states that have signed but not ratified the Vienna Convention on the Law of Treaties;

 Article 53 Treaties conflicting with peremptory norm (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 purpose of the present convention, a peremptory norm of general international law is a norm accepted and recognized by the international community or 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;

 Article 64 emergence of a new peremptory norm or general international law (Jus cogens). If a new peremptory norm of general international law emerges, and y existing treaty which is in conflict with the norm becomes void and terminates;

The idea of international jus cogens as a body of ‘higher law’ of overriding importance for the international community is steadily gaining ground. First embodied in the 1969 Vienna Convention on the Law of Treaties, it was reaffirmed by the 1986 Vienna Convention on the Law of Treaties. In its judgment in the Nicaragua Case the International Court of Justice (ICJ) clearly affirmed jus cogens as an accepted doctrine in international law;

There are peremptory norms found in the following related to common security:

(a). Commitments made through UN Conference Action Plans adopted through consensus by state delegation of the United Nations

(b). Obligations incurred through treaties conventions, and covenants that have been either signed or ratified by a broad group of member states from a range of legal systems and geographical areas;

Article 18 which is applicable to states that have signed but not ratified the Vienna Convention on the Law of Treatiesin Limited obligation of those states that have signed but not ratified treaties, under the Convention on the Law of Treaties to not defeat the purpose of the Convention in the interim between the signing and the ratifying of the treaty

148.Being defiant of the Geneva Conventions on the treatment of civilians, and of international human rights and humanitarian law, supporting unilateral actions that undermine global common security.

149. Condoning current irreversible practices that will violate the rights of future generations- intergenerational equity including the rights of future generations to their cultural, natural heritage and to a safe environment.

150. Failing to discharge obligations, related to common Security, under Treaties, Covenants and Conventions’ to act on commitments, related to common security. Under Conference Action Plans, and to fulfill expectations, related to common security, under UN General Assembly Resolutions;

151. Failing  to respect to adopt, to sign, or to accede or ratify the following international instruments:

1945 International Court of Justice and to respect its jurisdiction and its decisions;

1948 Universal Declaration of Human Rights;

1951 Convention related to the Status of Refugees and its protocol; 

1963 International Convention for the Elimination of all Forms of racism;

1966 International Covenant of Economic, Social and Cultural Rights and the Optional Protocol 1;  

1966 International Covenant on Civil and Political Rights and its Protocols;

1967 Outer Space Treaty;

1968 Non- Proliferation Treaty;

1969 Vienna Convention on the Law of Treaties;

1972 UN Convention for the Protection of cultural and Natural Heritage;

1972 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction;

1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES);

1975 Convention the Elimination of all forms of Discrimination Against Women and its protocols; 

1976 Convention on the Rights of Persons with Disabilities;

1977 Convention on the Prohibition of Military or any Hostile use of Environmental Modification Techniques;

1982 UN Convention on the Law of the Seas;

1984 Convention Against Torture; 

1989 Convention on the Rights of the Child;  

1990 Rome Statute International Criminal Court

1991 Convention on Environmental Impact Assessment in a Transboundary Context;

1992 Convention on Biological Diversity; 

1992 UN Framework convention on climate change;

1992 Convention to Combat Desertification and Drought;

1993 Convention on the Prohibition of the Development, Production Stockpiling and Use of Chemical Weapons and on Their Destruction;

1997 Ottawa Anti-Personnel Mine Ban Treaty;

1997 The Montreal Protocol on Substances that Deplete the Ozone Layer;

2007 the UN Declaration on the Rights of Indigenous Peoples

2013 Arms Trade Treaty;

2017 Treaty on the Prohibition of Nuclear Weapons

 

 ILO LABOUR CONVENTIONS

 

 

 

 

 

 

 

 

 

 

C.

COMMON SECURITY: THROUGH IMPLEMENTING PRECEDENTS UNDERLYING THE SDGS

By Joan Russow

Tuesday, 20 March 2018

OBLIGATIONS AND COMMITMENTS UNDERLYING

THE SUSTAINABLE DEVELOPMENT GOALS

In the following, the SDGs are placed in the context of years of international obligation derived from a selection of Conventions, treaties, and Covenants and of commitments from UNGA Conference Action Plans, Declarations and Resolutions.

 

http://pejnews.com/index.php?option=com_content&view=article&id=10913:common-security-through-implementing-precedents-underlying-the-sdgs&catid=74:ijustice-news&Itemid=216

 

                             

SDG Goal 1; End Poverty in all its Form Everywhere ; Sixty Seven Years 

of Procrastination

 

http://www.pejnews.com/index.php?option=com_content&view=article&id=10365:sdg-goal-1-end-poverty-in-all-its-forms-everywhere-sixty-seven-years-of-unfulfilled-commitments&catid=74:ijustice-news&Itemid=216

 

SDG Goal 2 End Hunger Achieve Food Security and improved nutrition, and promote sustainable agriculture

http://pejnews.com/index.php?option=com_content&view=article&id=10344:sdg-goal-2-end-hunger-achieve-food-security-and-improved-nutrition-and-promote-sustainable-agriculture&catid=86:i-earth-news&Itemid=210

 

SDG Goal 3: A Review of Social and SOCIAL AND Environmental

Determinants of Health

http://pejnews.com/index.php?option=com_content&view=article&id=10372:-sdg-goal-3-a-review-of-social-and-environmental-determinants-of-health&catid=86:i-earth-news&Itemid=210

 

SDG Goal 4: Ensure Inclusive Equitable Quality Education and Promote

Life-Long Learning Opportunities For all. And Educating for SDGS

http://pejnews.com/index.php?option=com_content&view=article&id=10380:goal-4-ensure-inclusive-and-equitable-quality-education-and-promote-life-long-learning-opportunities-for-all&catid=74:ijustice-news&Itemid=216

 

SDG Goal 5:Time to implement the Beijing Platform of Action

http://pejnews.com/index.php?option=com_content&view=article&id=10346:-sdg-goal-5-to-implement-the-the-beijing-platform-of-action&catid=74:ijustice-news&Itemid=216

 

SDG Goal 6: Must include the human right to safe water and sanitation

http://pejnews.com/index.php?option=com_content&view=article&id=10374:sdg-goal-6must-include-the-human-right-to-safe-water-and-sanitation&catid=86:i-earth-news&Itemid=210

 

SDG Goal 7; Access to Affordable Socially Equitable Environmentally

Sound Energy

 

http://pejnews.com/index.php?option=com_content&view=article&id=10383:sdg-goal-7-access-to-reliable-affordable-socially-equitable-environmentally-sound-energy&catid=74:ijustice-news&Itemid=216SDG ...

 

SDG  8: Socially equitable and environmental sound employment and fair and just transition principle

http://pejnews.com/index.php?option=com_content&view=article&id=10381:sdg-8-socially-equitable-and-environmental-sound-employment-and-fair-and-just-transition-principle&catid=74:ijustice-news&Itemid=216

 

SDG GOAL 9  Infrastructure  transportation - moving away from car

dependency

 

http://pejnews.com/index.php?option=com_content&view=article&id=10379:sdg-goal-9-infrastructure-transportation-moving-away-from-car-dependency&catid=86:i-earth-news&Itemid=210

 

SDG GOAL 10 Reduce inequality within and among countries (a goal

 within the context of previous obligations and commitments

 

http://pejnews.com/index.php?option=com_content&view=article&id=10405:sdg-goal-10-reduce-inequality-within-and-among-countries-a-goal-within-the-context-of-previous-obligations-and-commitments&catid=74:ijustice-news&Itemid=216

 

SDG Goal 11 Making cities and human settlements inclusive, safe resilient and sustainable.

 

http://pejnews.com/index.php?option=com_content&view=article&id=10411:sdg-goal-11-acomment-making-cities-amn-human-settlements-inclusive-safe-resilient-and-sustainable&catid=74:ijustice-news&Itemid=216

 

SDG Goal 12: Moving away from the Unsustainable Patterns of

Consumption and Production to socially equitable and ecologically sound development

 

http://pejnews.com/index.php?option=com_content&view=article&id=10397:

 

SDG Goal 13 Climate Change; urgent means urgent

 

http://pejnews.com/index.php?option=com_content&view=article&id=10336:sdgs-goal-13-climate-change-urgent-means-urgent&catid=91:vl-earth-news&Itemid=214

 

SDG Goal 14: Oceans- Time to Heed Warnings, discharge

obligations and act on commitments

 

http://pejnews.com/index.php?option=com_content&view=article&id=10369:-sdg-goal-14-oceans-time-to-heed-warnings-discharge-obligations-and-act-on-commitments&catid=74:ijustice-news&Itemid=216

 

SDG GOAL 15: THE IMPERATIVE TO END LOGGING IN THE OLD GROWTH FORESTS,

 BAN GE FORESTS AND COMBAT DESERTIFICATION

 

http://pejnews.com/index.php?option=com_content&view=article&id=10359:sdg15-the-imperative-to-end-logging-in-the-old-growth-forests&catid=86:i-earth-news&Itemid=210

 

SDG Goal 16 : Goal 16: Promote peaceful and inclusive societies

for sustainable ...militarism must also be addressed

 

http://pejnews.com/index.php?option=com_content&view=article&id=10335:comment-on-sdg-goal-16-militarism-must-be-addressed-&catid=74:ijustice-news&Itemid=216

 

SDG Goal 17: Strengthening Means of Implementation through

Complying with International Peremptory Norms

 

http://pejnews.com/index.php?option=com_content&view=article&id=10402:sdg-goal-17-strengthening-means-of-implementation-through-complying-with-international-peremptory-norms-&catid=74:ijustice-news&Itemid=216

 

     

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

D.

DELINEATING SYSTEMIC CONSTRAINTS, AT THE UN, WHICH COULD BE OVERCOME TO ACHIEVE COMMON SECURITY

 

While the United Nations since its inception has, through obligations arising from covenants, conventions and treaties, through commitments from Conference Action Plans, and through expectations from UNGA Declarations and Resolutions, created a blue print for peremptory norms which could be a foundation for a Universal Declaration of Common Security; there are, however some systemic constraints which could be delineated and overcome;

I have included two sets of Examples

 

1 Examples of general systemic constraints at the United Nations

 

2.Example; COP24, systemic constraints at COP21 have to be overcome

 

 

1.EXAMPLE:GENERAL  systemic constraints within the United Nations

System

 

While the United Nations since its inception has, through obligations arising from covenants, conventions and treaties, through commitments from Conference Action Plans, and through expectations from UNGA Declarations and resolutions, created an essential blue print for common security. Some systemic constraints, however, may undermine this blueprint

 

These systemic constraints are ones that I have become aware of as a result of participating, primarily as a member of various NGOS

 Organization at the United Nations.

 

I have found these constraints while participating in Habitat I.1996 in Vancouver; Prepcom for  UNCED 1992 in New York; UNCED 1992, in Rio; ECO-ED1992, in Toronto; PREP-COM for Conference on Women: Equality, The Development and Peace1995 in New York, Beijing; 50th anniversary of the signing of the Charter of the United Nations, in San Francisco, conference,1995,in Beijing; Habitat II 1996 in Istanbul; the Hague Peace conference 1999, in den Hague; Beijing +5 2000 in New York; Habitat II.+5,2001 in New York; WSSD 2002, in Johannesburg;  Uniting for Peace Women say no to war in 27 different languages March 3 2003 in New York; DPI Uniting for Peace  upholding the Charter and international law September 2003 in New York. CSD12 2004 not further unraveling of UNCED obligations and commitments in New York; September 11 2004: UNESCO meeting in Halifax in 2005 and worked on a resolution related to granting more power to the UN General Assembly; Beijing +10 2005 in New York;May in the Hague attended a conference of 50 women mostly from the US and Netherlands, but also from other countries to address the issue of post conflict resolution. Gave a presentation, to the Dutch military on the importance of prevention of war of the International Court of Justice, need to reallocate the military budget; DPI session on climate change, 2007 in New York;  COP15 2009 in Copenhagen; COP 16. 2010 in Cancun; Rio +20 2012  in Rio; High-level Meeting of the 68th Session of the General Assembly,2013 in New York; UnitedNations Sustainable Development Summit 2015in New York; COP 21, 2015  in Paris, United Nations Conference to Negotiate a legally Binding Instrument to Prohibit Nuclear Weapons, Leading Towards Their Total Elimination June 2017 in New York. Also participated in several other UNGA AGMS; most CSW from 1994 – 2016; many CSDs, and a number of NPTs, andas a member of IUCN Commission on Education and Communication, conferences 1994 in Buenos Aires; 1996 in Montreal; and 2016, in Hawaii.

For the more than the 25 years I have been going to UN conferences where state delegates negotiate, not from a global vision but from a vested national or a corporate interest. In June 2017, the conference to negotiate a Treaty on the Prohibition of Nuclear Weapons leading to the Elimination of Nuclear weapons was different. The negotiators were not undermining each other but building and strengthening each other’s position moving not to the lowest common denominator but to the highest tenable principles. The difference was the absence of nuclear weapon states and the non-nuclear-Weapon states that had affirmed,“The US nuclear weapons are essential for our security”

 

The following is an excerpt from of an upcoming book. Delineating Systemic Constraints Undermining Positive peaceful socio-political-ecological change. I am pointing out these systemic constraints as a long-time supporter of the UN system of multilateralism  

 

**SOVEREIGN INEQUALITY

Often the public equates the UN with the UN Security Council, (UNSC) that gives a disproportionate amount of power through the veto to the Five Permanent member states: United States, Russia. China, France and Great Britain

The UN Security Council could be seen to violate a fundamental principle in the Charter of the United Nation: the sovereign rights of states, giving it power to bestow legitimacy on an act of war, violates the fundamental purpose of the Charter of the United Nations to prevent the scourge of war. The UN Security Council should be dismantled and the UNGA, which embodies the principle of sovereign equality, must be strengthened.

 

**UNRAVELLING PEACE

In 2003, when the US bypassed Chapter VI and invoked chapter VII to lobby for support for the invasion of Iraq.  A group of international NGOs initiated the Uniting for Peace Coalition whose purpose was to lobby for an emergency session of the UNGA to invoke the Uniting for Peace Resolution. It did not happen because UNGA members were sent an intimidating letter by the supporters of the invasion. The Uniting for Peace Resolution stresses the importance of seekingsettlement of such a dispute by peaceful means through the procedures laid down in Chapter VI of the Charter.

AFTER THE FACT FOCUS

The UN Security Council Resolution 1325 Reaffirms, “the important role of women in the prevention and resolution of conflicts, peace negotiation, peace building and post conflict reconstruction”.I have found that the role of women has been less in the prevention of conflict than in the other roles.

SKIP TO THE SEVENTH

The States that are anxious to invade another state bypass Chapter VI –the peaceful resolution of disputes  which includes provisions  such as “the UN Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice in accordance with the provisions of the Court”.

As well as the following Article 33 of Chapter VI affirms that:

the Parties to any disputes, the continuance of which is likely to endanger the maintenance of Peace and Security, shall first of all seek a solution by negotiation , enquiry mediation, conciliation , judicial settlement...or other peaceful means.

Chapter VII, however, is deemed to bestow legality to an invasion of another sovereign state; the bestowing of legitimacy to an invasion undermines the objective of the Charter.

 

CAJOLE, THREATEN AND BRIBE

To persuade other states to support an invasion, the state proposing the aggression is known to cajole intimidate, threaten and to bribe other states, particularly the non-permanent member states of the UN Security Council. The Council seems reluctant to deem these actions to be corrupt;

 

** NATIONAL INTEREST TRUMPS GLOBAL VISION

At the UN, negotiators are constrained by their national interest and negotiate with national or corporate interest not with a global vision. In the negotiation of the Treaty on the Prohibition on Nuclear Weapons, however, the states with a national interest in the continued existence of nuclear weapons, including the nuclear weapon states and the non-nuclear weapon states that claim to rely on nuclear weapons for their security were absent. The negotiation process was different because they were negotiating with the global vision to prohibit nuclear weapons. This process this seems to embody the principle, in article 27 of the UN Charter `a party to a dispute shall abstain from voting`. This article, which is applicable in Chapter VI, could be applied more often in negotiations.

 

** “UBERUNILATERALISM”

 

In 2016, the Bulletin of the Atomic Scientists marked the 70th anniversary of its Doomsday Clock by moving it 30 seconds closer to midnight. In 2016, and the Bulletin stated, “the global security landscape darkened as the international community failed to come to grips with humanity’s most pressing threats: nuclear weapons and climate change``; and after Trump withdrew from the Iran deal, the Bulletin proclaimed, “goodbye to the Iran deal and hello to a ‘polynuclear’ Middle East”.

In 2017 with the withdrawal from Cop15 and in 2018, from the Iran deal the US has engaged in “uberunlateralism”. 

 

BEHIND CLOSED DOORS

At COP 15, hope was placed in President Obama. Chief negotiator Lumumba Di-Aping of the G77 even mused that, with one foot in the developing world and the other in the developed, Obama would grasp the urgency and the plight of developing states. All eyes were on him. At 3am, on December 18, poised under the American flag, President Obama gave his “we have a deal” speech. This deal had been initiated by the United States and negotiated behind closed doors with little input from the developing countries; Even though one developing nation after another decried the deal, the gavel fell proclaiming, “The Copenhagen Accord”.

 

**THREAT OF THE GOOD EXAMPLE

Some powerful states are concerned about the threat of a good example which could influence other states, and interfere with their national interests. The powerful state then embarks on a series of destabilizing techniques. Over the years some powerful states have engaged in the activities that have either led to a coup d’état or to “regime change” in a targeted state through (i) calling for the reestablishment of democracy, in the targeted state, after years of oppression; ( ii) proposing that producers, in a target state, increase inventories and export goods in order to create a scarcity of goods; (iii) attempting to dismantle infrastructure, particularly energy systems of the targeted  state so that the citizens will blame the  government  for negligence and inefficiency; (iv) inserting NGOs into the targeted state to declare that the targeted state is denying freedom of speech and of the press (v) seeking  out foreign-educated opponents of the government and the opposition party leader, in targeted states and work with them to organize rallies and instigate conflict. (From an analysis on destabilization in Latin America)

**RELUCTANCE TO SPEAK TRUTH TO POWER

  The UN General Assembly has been reluctant to invoke Article 22 of the un Charter to set up an international Tribunal to judge leaders of the states that have intervened aggressively in other sovereign states and engaged in crimes against peace and war crimes. These states cannot be judged by the International Criminal Court (ICC) because they have refused to ratify the Rome Statute of the ICC.

 **TAKING CREDIT WHERE CREDIT IS NOT DUE

I attended the session at the International Court of Justice (ICJ) where most of the NATO states had stated that they would not recognize the jurisdiction of the ICJ. Subsequently at a press conference at NATO headquarters, I asked if the NATO leaders when brought before the ICC would state as they did at the ICJ that they do not respect the jurisdiction of the ICC. The NATO spokesperson, Jamie Shea, responded, NATO was responsible for creating the ICJ.

**FOR OTHERS NOT FOR US

The ICC is discriminately applied. Some powerful states seem to believe that they are above the law. Article 17 of the Rome Statute on issues of admissibility 1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible

where: (a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;

(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;

In 1999 at a presentation at the Hague Peace Conference, Philippe Kirch, former president of the ICC, appeared to have interpreted one criterion for intervention of the “the inability of the State genuinely to prosecute”in the following way that the ICC is involved ONLY when the state is unable, unwilling, or does not have a legitimate judicial system, By whose standards is the legitimacy to be determined: by developing or developed country standards?

 

**OBSTRUCTIONISM PLOY

At UN Conferences, some states, delay conferences, often weaken the documents during negotiation, enter reservations to the text, and when finished, refuse to adopt, sign or ratify the documents or enact the legislation to comply with the treaty, conventions, to act on commitments from conference action plans or to fulfill declarations or resolutions.

 

**ANGLOCENTRICITY

At the United Nations, officially there are six official languages but principally in the plenaries. There was no simultaneous translation for the working groups where, in some cases the principal negotiations take place; thus to a certain extent these working groups are closed to those delegates who understand neither English nor especially English legalese At the prep com for UNCED, I was speaking to some French speaking African delegates who were sitting outside the Working Group on the Earth Charter. There was no simultaneous translation for the working group so they could not understand the proceedings. At ECO-ED; there was a request for those who could speak French or Spanish to help others. Doing simultaneous translation, however, takes more than just knowledge of the language; it is a real skill.

**UNLEVEL PLAYING FIELD

In 1999, the General Assembly decided to establish the United Nations  Open-ended Informal Consultative Process The JUSCANZ is an informal, consultative body whose founding Member states were Japan, US, Canada, Australia and New Zealand (hence the acronym). It has now been extended to include AndorraLiechtensteinMonaco,  NorwaySwitzerland, and most recently, Israel. In UNFCCC negotiations, it is also called the Umbrella Group. While it’s initial intention was to counterbalance the European Union Bloc. The result has been the dominance of Interventions from JUSCANZ and the Umbrella Group, because JUSCANZ and the Umbrella group (11member states) speak both with one voice and with individual voices, whereas the EU (28 member states) and the G77 plus China (originally 77 now 135 member states) usually only speak with one voice. During the negotiation this disproportionate number of JUSCANZ and the Umbrella group interventions often skews the assessment of concurrence.

**HOLIER THAN THOU SYNDROME

The so-called developed countries decry the level of corruption in the so-called developing countries. It is interesting to note that corporate donations to political parties have not been deemed to be unethical, or to be evidence of conflict of interest, and even of corruption. It is ironic that it is illegal for corporations to give money to elected officials outside of the state because these “contributions” would be categorized as bribery, and elected individuals or regimes accepting these contributions from corporations would be deemed corrupt In There seems  to be a hard-to- appreciate distinction between corporations giving money to political parties and candidates before they are elected and corporations giving money to elected members after the election: Yet, the former is described as donations, funding or contributions, the latter, as bribery or corruption. In many countries, both practices would be prohibited.

**THE LULL OFTHE TECHNOLOGICAL FIX SYNDROME

The proponents of a potentially dangerous act indicate that they recognize the danger and focus on one area for which they can offer a technological fix. In the following statement from the Radioactive Wastes section of Agenda 21, into which it appears that the IAEA had input,  the following situation is recognized:

Annually about 200,000 m3 of low-level and intermediate-level waste and 10,000 m3 of high-level waste (as well as spent nuclear fuel destined for final disposal) is generated world-wide from nuclear power production.  These volumes are increasing as more nuclear power units are taken into operation, nuclear facilities are decommissioned and the use of radionuclides increases.  The high level waste contains about 99 percent of the radionuclides and thus represents the largest radiological risk. (Agenda 21, Radio Active wastes, 21.1.).

In the IAEA document the authors affirm the certainty of the technological fix: The view of experts in the field is that safe technological solutions exist for managing the waste`. (IAEA Document, 1992, p. 15) and `There is nevertheless a consensus among experts that safe geological disposal of high level wastes, including spent nuclear fuel, is technically feasible`. ( IAEA Document, p.17) and

**SKEWED DEFINITION

In the International Instruments related to the Prevention and Suppression of International Terrorism, there is still no mention of State terrorism in the definition of “terrorism”unless “collective criminal agenda” includes “state terrorism”.Terrorism is defined in the following way:

 any act or threat of violence, whatever its motives or purposes, that occurs for the advancement of an individual or collective criminal agenda, causing terror among people, causing fear by harming them, or placing their lives, liberty or security in danger, or aiming to cause damage to the environment or to public or private installations or property or to occupy or seize them, or aiming to jeopardize a national resource.

(International Instruments related to the Prevention and Suppression of International Terrorism.2008)

 

**ANTHROPOCENTRICISM

Not only have the delegates been reluctant to limit growth and to give the environment primacy within the sustainable development context but also they have failed to recognize the urgency of the global situation by their not recognizing more fundamental non-anthropocentric rights: Under principle 1of the Rio Declaration is “human beings are at the centre of concerns for sustainable development.  They are entitled to a healthy and productive life in harmony with nature”. (1992, Rio Declaration on Environment and Development]

**GUARDED ACCESS

The host country seems to have the luxury of refusing visas for NGOs who have demonstrated opposition to the host countries actions in their country of origin.At the UN, there was a panel on Afghanistan. I asked the Afghani woman on the panel if Afghani women were supportive of the US Operation Enduring Freedom and the involvement of ISAF. The moderator went on to the next question and whispered to the Afghani women. Then she responded, `Yes, we are hoping that there will be freedom and Democracy in Afghanistan`. Earlier, I had talked with an Afghani woman who indicated that Afghani organizations who opposed the US Intervention had trouble getting visas to get into the US and thus could not attend. 

**COERCION

This involves the attempt to change policy of an organ of the United Nations by threatening to withdraw funds from international organs if the UNorgan does not change its policy. The United States announced its intention to withdraw from UNESCO on October12, 2017, the United States withdrew its funding from UNESCO following its controversial decision to admit Palestine as a full member; the reason given by  the State Department.was, “this decision was not taken lightly, and reflects US concerns with mounting arrears at UNESCO, the need for fundamental reform in the organisation, and continuing anti-Israel bias at UNESCO.”Previously the US had withdrawn funds because of the pro-choice position of UNESCO. Fortunately, UNESCO did not succumb to the threat and change either one of its policy

**SHORTNESS OF INSTITUTIONAL MEMORY

State institutional memory is short and through unawareness, will or intention, negotiators ignore past precedents.

For Example, in 2001, at the Habitat II+5 Conference in New York, governments were arguing over whether 0.7% of the GDP for aid should be in the document. There No one pointed out that 0.7% was a commitment that was made in the mid-sixties, and reaffirmed in other previous conferences such as the United Nations Conferences, Environment and Development in 1992 when I raised the concern with various agencies. At the time, I was told that as a protocol Agencies do not inform states about precedents. When I raised the issue I was told that, as protocol, agencies usually only inform states, during negotiations, of applicable precedents, if they are asked; I hope this protocol has changed

 

**A PRECEDENT IS JUST A THING OF THE PAST

At the 58th Commission on the Status of Women (CSW), the chair was urging the NGOs to support the text in order to get an outcome document and he stated, no more demands”.I intervened and mentioned that an important legal precedent should be included; he replied, ‘this is a political document so legal precedents are irrelevant’. 

 

**RELIANCE ON OUTDATED DATA

 At COP 15, the negotiators were relying on the 2007 Intergovernmental Panel on Climate Change (IPCC) report with data from 2004 and 2005, but the developing states and scientists were driven by the new and evolving scientific data. 

 Scientific reports at COP15 revealed new data at an IPCC Press Conference, a member of the IPCC, stated, ‘with a rise in temperature of 2 degrees, the poor, the vulnerable, and the disenfranchised would not survive, and at 1.5 degrees, they might’. The World Meteorological Organization (WMO) reported more rapid global warming, more droughts, and more frequent and severe climate-related incidents, and that glaciers are melting faster than predicted in 2007.  The UN High Commission on Refugees (UNHCR) noted that the world already had millions more refugees than expected because of climate change.

FROM MANDATORY TO VOLUNTARY or INDICATORS SUPERSEDING OBLIGATIONS

Arises when legally binding obligations and moral commitments based on scientifically and internationally agreed-to-principles are converted to optional or voluntary indicators-In some cases, what was a binding obligation in a legally binding Convention is reduced to a voluntary measure. For example, under the legally binding Convention on Biological Diversity there was an expressed obligation to conserve biodiversity. Subsequent to UNCED, a document entitled “Forest Indicators” was prepared with input from the forest industries. The first statement in the forest principles was that none of the provisions were binding, and then stated, ‘We shall conserve biodiversity’, thus moving the obligation to conserve biodiversity from an obligation to a voluntary measure.

**MAKING A MOCKERY OF

 Principle 9 of the UN Global Compact isto `encourage the development and diffusion of environmentally friendly technologies`.

By including, fossil fuel companies such as Royal Dutch oil and Petronet LNG, or any other fossil fuel company  as Partners in the UN Global Compact makes a mockery of Principle 9;

**TURNING A PRINCIPLE ON ITS HEAD

Principle 7  Businesses should support a precautionary approach to environmental challenges

.  In the Rio Declaration the precautionary principle reads;

Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent the threat". (Rio Declaration, UNCED1992).

And in the Convention on Biological  Diversity, the 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

Genetically engineered food and crops have contaminated the Global food system, caused irreversible harm reduced bidiversity and undermined food security and must be banned.

The institutional collusion, in relation to genetically engineered food and crops, among corporations, governments, universities, and even the UN Global Compact and regulatory agencies has been widespread; this collusion has s spread to certain scientific publications.  For the sake of food security for present and future generations: (i) this collusion must end; (ii) the precautionary principle must be invoked, (iv) genetically engineered food and crops, banned; (v) the charters of Monsanto et al, revoked; and (vi) charges of gross/criminal negligence against these corporations, levied.

By including Monsanto the UN Global Compact turns a Principle its head. In addition the effects of Monsanto’s Agent Orange still lingers on;

 

**CONSENT MEANS CONSENT

Under Article 31of the Vienna Convention on the law of Treaties reads:

Article 31, GENERAL RULE OF INTERPRETATION 1. A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.

Article 19 of the UN Declarations on the rights of Indigenous Peoples (UNDRIP):

 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

Even states that have adopted UNDRIP, have claimed that “consent” means consultation and does not really mean consent. The ordinary meaning of “consent” is not consultation but consent.

**SWEEPING UNDER THE CARPET

Principle 1of the UN Businesses should support and respect the protection of internationally proclaimed human rights; A proclaimed right is under article 19 of UNDRIP:

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 consentbefore adopting and implementing legislative or administrative measures that may affect them. Consent does not just mean consultation or “having a say”,consent means consent. The Enbridge company in Canada did not obtain the consent of the Chippewas of the Thames.

**ENFORCEMENT MYTH

In 1982, a UN communique, comprising a “Questionnaire on Parliaments and the Treaty-making Power” was circulated to member states.  Some government explained to the international community the following procedure for complying with international law:

`The state will not normally become a party to an international agreement which requires implementing legislation until the necessary legislation has been enacted. The point that was made was implementing legislation is only necessary if the performance of the treaty obligations cannot be done under existing law or through executive action`.

Many states, however, have failed to enact the necessary implementing legislation because there is no requirement to take the ratified instruments to parliaments so as to enact legislation.

**SPIRIT OF COMPROMISE (SOC)

 

The word ’compromise‘(and its translation into languages other than English) can have a negative and a positive connotation.

SOC should not be used to call upon states to sacrifice a principle which violates a peremptory norm, a global vision, an objective of common security, a principle of the UN Charter or a long standing scientific theory.

At COP16, in Cancun, the plea for the spirit of compromise was reiterated often by the Chair Christiana Figueras. I was wondering whether the Spanish word “compromiso” used by the chair meant `compromise – sacrificing principle or meant commitment. I would like to think that it was commitment. When I spoke, however, to Dr. Molino, who had just stated in the plenary that at COP 15 the majority of states supported the limit of rise of temperature of 2 degrees, I began to think that “compromise” meant sacrificing of principles. I pointed out to him that at COP15, the majority- the developing countries, were demanding a rise of temperature no greater than 1.5 degrees and some progressive developing  states lobbied for no more than a 1 degree rise. He responded that the US would never agree to less than 2 degrees. I countered, “is that what science has become what the US would agree to”?

 

**SUSTAINABILITY WASH

Sustainability wash: No prescription without proscription

At the CSD (Commission of Sustainable Development) 17 many member states were willing to be prescriptive but were careful not to be “proscriptive”. Throughout the document “sustainability” was used over and over again For example, member states that produce and export genetically engineered food and crops, felt comfortable in stating the importance of sustainable agriculture and of promoting organic agriculture but would not be willing to call for the banning of genetically engineered food and crops; they ignored the often impossibility for the GE and the Organic crops to co-exist. Similarly, many NGOs are also reluctant to be “proscriptive”.

 

INCOMPATIBLE MISSIONS

In 1994, under the law of the Sea The International Seabed Authority (ISA) was charged with the administration of mineral resources of the international sea bed area which together are known as the common area of mankind [humanity].

At the same time, the ISA is tasked with ensuring the protection and conservation of the natural resources of the area and the preventing of damage to the flora and fauna of the marine environment. If the ISA allows mining, they will be negligent through ignoring the ecosystem and marine biology, through failing to protect  the unique marine life,through contributing to pollutants being  conveyed out of the deep sea and into marine food chains or within the range of coastal communities. Now in 2018 they are actually developing regulations for what EIAs mining companies would have to conduct in spite of all the warnings about the potential dire consequences and about likely violations of UN Law of the Sea (UNCLOS);

 

**SAFE FOR YOU NOT SAFE FOR US

In the Rotterdam Convention, asbestos is under the list of chemicals subject to prior informed consent; this consent was obtained often through coercion. This caveat is not strong enough.  For years, countries, like Canada - a major producer of asbestos, has been removing asbestos in Canada but continued to sell asbestos to developing countries. Finally, in 2018 Asbestos production of asbestos and products containing asbestos will be banned in Canada. Some imports, however will still be permitted

.** LET THEM WEAR RUBBER BOOTS AND DRINK BOTTLED WATER

Most NGOs, have been calling for the developed states to mitigate greenhouse gas emissions and address the emission debt owed to the developing states and for System Change, not Climate Change

The best reflection of the scorn of major fossil fuel producing states, bestowed on the developing and the least developing countries was the following spoof done by participants at the System Change not Climate Change Rally COP15.At the December 10 rally in Copenhagen, a group of elegant fashion-plate ladies donning white satin and lace, wearing green spikes, and sipping from Champagne glasses epitomized the serious disregard by the developed states for the developing states. Like Marie Antoinette, they called on Bangladeshisto wear rubber boots

 

EXAMPLE 2

 

 

 

 

 

 

 

*E.

MAKING A MODEST PROPOSAL FOR A UNIVERSAL DECLARATION ON COMMON SECURITY

Concurring with the statement in resolution 2282 (2016)

Emphasizing the importance of a comprehensive approach to sustaining peace, particularly through the prevention of conflict and addressing its root causes, strengthening the rule of law at the international and national levels, and promoting sustained and sustainable economic growth, poverty eradication, social development, sustainable development, national reconciliation and unity including through inclusive dialogue and mediation, access to justice and transitional justice, accountability, good governance, democracy, accountable institutions, gender equality and respect for, and protection of, human rights and fundamental freedoms, of a comprehensive approach to sustaining peace, particularly through the prevention of conflict and addressing its root causes, strengthening the rule of law at the international and national levels, and promoting sustained and sustainable economic growth, poverty eradication, social development, sustainable development, national reconciliation and unity including through inclusive dialogue and mediation, access to justice and transitional justice, accountability, good governance, democracy, accountable institutions, gender equality and respect for, and protection of, human rights and fundamental freedoms,

Recognising that this resolution builds on the legacy of Olof Palme concept of Common Security .in his 1982 UN report: Common Security a Programme for Disarmament

“True security exists when all are secure, through “common security” (Olof Palme, 1982) whose objectives could be extended to include but not limited to the following:

(a) to achieve a state of peace, and disarmament; through reallocation of military expenses and delegitimization of war;

(b) to ensure the preservation, conservation and protection of the environment, the respect for the inherent worth of nature beyond human purpose, to reduce the ecological footprint and to move away from the current model of unsustainable and excessive overconsumption

(c) To enable socially equitable and environmentally sound employment, energy and transportation and the right to development,

(d) to promote and fully guarantee respect for human rights including  labour rights, civil and political rights, indigenous rights, social and cultural rights – right to food, to housing, to safe drinking water and sanitation , right to education and right to universally accessible not for profit health care system; right to water and sanitation

 (e)   To fulfill the Sustainable Development Goals.

(f) to respect the international rule of law, its instruments and the jurisdiction and decisions of the international Court of Justice

 

Recalling the expressed wish of Nitun Desai, Under-Secretary-General for Economic and Social Affairs of the United Nations from 1992 to 2003, who stated in 1995,on the anniversary of the UN in San Francisco  that he hoped that the 2002 World  Summit on Sustainable Development would be the culmination of the preceding summits and conferences. From the UN Conference on

Environment, Development,(UNCED, the 1993 World Conference on Human Rights in Vienna, 1994 United Nations conference on population and development- in Cairo,  World Summit for Social Development 1995 in Copenhagen, and the Fourth World Conference on Women. Action for Equality, Development and Peace in 1995 in Beijing

Recalling also Secretary-General Boutros Boutros-Ghali’s confirming that “the spirit of the Global Compliance Resolution reaffirms the commitment of people the world over to the principles enshrined in the Charter of the United Nations. This resolution was calling for compliance with international instruments on the 50th anniversary of the United Nations.

Acknowledging Former Secretary General Kofi Annan`s initiative, in 2000, when he urged states to sign and ratify international treaties, conventions, and covenants and to discharge the obligations under these international instruments.

Concurring with the “Transforming our world:  the 2030 Agenda for Sustainable Development”, which adopted a comprehensive, far-reaching set of universal and transformative Sustainable Development Goals and targets, which contributes to the advancing of common Security

Recognizing that the UN General Assembly which reflects the fundamental principle of the sovereign equality of States, Organs and Agencies of the UN, along with the International Court of Justice are the principle organs of the United Nations for achieving Common Security

Reaffirming Former Secretary General Ban Ki Moon`s appeal at COP 15 for states to negotiate with a global vision not with vested national interests

Reaffirming also the UNESCO  Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of humanity, 1975

Convinced that the following international instruments reflect provisions, at a minimum, for  achieving common security and for countering threats to common security:

Nuclear Non- proliferation Treaty (NPT), Comprehensive Test Ban Treaty (CTBT);Anti-Personnel-Mine-(APM); Cluster Munitions (CCM); Arms Trade (ATT); Chemical Weapons Convention (CWC);The Biological Weapons Convention (BWC); The Convention on Cluster Munitions (CCM)  And the Treaty on the Prohibition of Nuclear Weapons; International; UN Conventions on the Law of the Sea (UNCLOS), Convention on Torture (UNTC); Convention on Biological Diversity (CBD) and its protocols; Convention on Endangered Species (CITES); UN Framework on Climate Change (UNFCCC); Convention on Preservation of Cultural and Natural Heritage WHC); Convention on Disaster reduction, (UNISDR); Convention on Desertification (UNCCD), Vienna Convention for the Protection of the Ozone Layer and its Montreal Protocol (MP); Convention on Environmental Impact Assessment in a Transboundary Context (UNTC)

International Covenant on Civil and Political Rights (ICCPR) and its protocols, International Covenant on Economic, Social and Cultural Rights (ICESCR); The Vienna Convention on the Law of Treaties;, Convention on Rights of the Child (CRC); Convention on the Elimination of all Forms of Discrimination Against  Women (CEDAW) and its protocols, International Convention on The Elimination of All Forms of Racial Discrimination ( (ICERD); on Genocide (CPPCG); Convention on Rights of Migrant Workers and Their Families, Conventions on Labour (ILO), Convention on Transnational Organized Crime and the Protocols Thereto (CTOC); ; Convention on Persons with Disabilities (CRPD); Declaration on the  Rights of indigenous Peoples (UNDRIP) ; Vienna Convention on the Law of Treaties (VCLT)  International Court of Justice (ICJ); and the  International Criminal Court (ICC) an the  Rome Statute.

 

Declares the following;

Article 1.The need to redefine “true security’ as “common security” and strive

(a) To achieve a state of peace, and disarmament; through reallocation of military expenses and delegitimization of war;

(b) To ensure the preservation, conservation and protection of the environment, the respect for the inherent worth of nature beyond human purpose, to reduce the ecological footprint and to move away from the current model of unsustainable and excessive overconsumption

(c) To enable socially equitable and environmentally sound employment, energy and transportation and the right to development,

(d) To promote and fully guarantee respect for human rights including  labour rights, civil and political rights, indigenous rights, social and cultural rights – right to food, to housing, to safe drinking water and sanitation , right to education and right to universally accessible not for profit health care system; right to water and sanitation

(e) To fulfill the Sustainable Development Goals.

(f) To respect the international rule of law, its instruments and the jurisdiction and decisions of the international Court of Justice

 

Article 3

States undertake in 2018 to further common security by signing, and ratifying and enacting the necessary legislation to ensure compliance with the international instruments that prevent the threats to common security and that promote the fulfilment of common security  

Article 4 the United Nations and specialized agencies should take appropriate sustainable measures to implement the present Declaration, in particular the  United Nations Office for Disarmament Affairs, and the United Nations Educational, Scientific and Cultural Organization. International, regional, national and local organizations and civil society are encouraged to support and assist in the implementation of the present Declaration.

Article 5

International and national institutions of education for common security  shall be promoted

1.that on the 73 anniversary  to sign and ratify conventions , covenants and treaties and enact the necessary legislation to ensure compliance

NEGOTIATE WITH A GLOBAL VISION TO STRIVE TO ACHIEVE TRUE SECURITY:COMMON SECURITY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

F.

 

BACKGROUND  GLOBAL COMPLIANCE RESEARCH PROJECT

Joan E. Russow, B.A. M.Ed. Education, Ph.D. Interdisciplinary Studies

Co-ordinator, Global Compliance Research Project

This submission on education links a long time interest in interdisciplinary thought, in ethical principles of action, and in international obligations and compliance. For my Master’s degree in Curriculum Development in Education, I developed “principle-based education” in human rights linked to peace, environment and social justice within a framework of international law. The purpose of principle-based education was to introduce, into the classroom, issues related to preventing war and conflict, protecting and conserving the environment, guaranteeing human rights and ensuring social justice. By placing issues within a context of international law, I hoped that teachers could avoid being accused of indoctrinating students. For my Doctorate in Interdisciplinary Studies, with advisers from a range of disciplines including within the faculty of education, I addressed the problem of imposing simplistic models, in education, on the complexity of thought.

From 1990 to 1996, with the scientist and author Dr. Fred Knelman, I co- taught,  a course in Sustainable Development, in Environmental Studies at the University of Victoria and from 1997 to 2001, I was the National leader of the Green party of Canada

In 1994, I founded the Global Compliance Research Project and received a

\\government grant to create an international network of women supporting compliance and to place the draft Beijing document in the context of previous obligations and commitments. This 350 page compilation was entitled “The Charter of obligations, and was officially distributed, in English or French to all state delegations on the opening day of the Beijing Conference

In1995, on the 50th anniversary in San Francisco at the We the Peoples Conference,  the Role of Civil Society in the History and Future of the United Nations, the following Global compliance resolution was adopted at the plenary :

  

On the 50th Anniversary of the UN, we call upon states

•          to establish conditions under which justice and respect for the obligations arising from treaties and international law can be strengthened;

 •         to fulfill fifty years of obligations undertaken through Covenants, Conventions, Treaties, made in the UN system;

•          to sign and ratify what they have not yet signed and ratified, and to enact the necessary legislation to ensure the discharging of  these obligations;

•          to fulfill additional commitments made through globally adopted UN Conference action plans, and programms of action.

 

 (Global Compliance Resolution, adopted at the plenary of the We the Peoples Conference,  the Role of Civil Society in the History and Future of the United Nations”, San Francisco, June 24, 1995)

At the plenary it was decided to submit the resolution to the Secretary General of the United Nations, Boutros Boutros Ghali who responded; ““the spirit of the Global Compliance Resolution reaffirms the commitment of people the world over to the principles enshrined in the Charter of the United Nations.

 From 1992 to 2017, as indicated in section D, I have participated in many UN Conferences.

 

 

 

 

 

 

 

 

 

 

 

 

CONCLUSION

 

In 2018 as the co-ordinator of the Global Compliance Research, I continue to carry out research into the complexity and interdependence of issues and collaborate with others as a member of peace, environment and human rights groups and as an editor of a web site “Peace, Earth and Justice News (www. PEJNews.com)

 And to stress the educational role of international instruments, in guiding policy and actions, internationally, nationally and regionally.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Last Updated on Wednesday, 24 April 2019 09:40
 

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