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2005 Anti - WTO Hong Kong Ministerial Declaration PDF Print E-mail
Justice News
Wednesday, 23 November 2005 10:16
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2005 ANTI WTO HONG KONG MINISTERIAL DECLARATION



CITIZEN'S COMMON SECURITY DECLARATION:

AN ALTERNATIVE TO THE WTO

CALL FOR THE DISMANTLING OF THE WTO



Circulated by theGlobal Compliance Research Project

Contact: Joan Russow (PhD)

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We are now living in the wake of negligence from years of institutional

collusion among governments, financial institutions, corporations, academic establishments and the military. The WTO along with other trade agreements, organizations and institutions has been instrumental in fostering this collusion to the detriment of the global community through undermining public trust international law and civil society.





The purpose of this Declaration is to demand that governments end the devolution of power to corporations, and to call upon governments to discharge the obligations incurred through treaties, covenants and conventions, to act on the commitments from conference action plans and to fulfill the expectations created through United Nations General Assembly resolutions and declarations related to true security.



True security is ?common security? with the following objectives:

? to establish a ?new international economic order?, and to regulate corporations including transnational Corporations and to further free trade
? to achieve a state of peace, and disarmament; through reallocation of military expenses

? to promote and fully guarantee respect for human rights including civil and political rights, and the right to be free from discrimination on any grounds

? to enable socially equitable and environmentally sound employment, and ensure the right to development and social justice; labour rights, social and cultural rights- right to food, right to safe drinking water and sewage treatment, right to housing, right to universally accessible not for profit health care system, and the right to education

? 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.

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



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



Member states of the United Nations, including member states of the WTO, made the following commitments that would justify the dismantling of the WTO:



NEW INTERNATIONAL ECONOMIC ORDER

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



Regulation of transnational corporations

(2) regulate and supervise activities of transnational corporations by taking measures in the interest of the national economies of the countries where such transnational corporations operate on the basis of the full sovereignty of those countries (4g., Declaration of a New International Economic Order,1974)



(3), to ensure that corporations including transnational corporations

comply with national codes, social security laws, and international law,

including international environmental law" (Platform of Action at the UN

Conference on Women: Equality, Development and Peace, Beijing, 1995,



(4) to ensure that transnational corporations comply with national laws and codes, social security regulations and international environmental laws] ( Habitat II Agenda, Istanbul, 1996);



(5) to Implement International Code of Conduct for transnationals

corporations (V. regulation and control over the activities of transnational corporations programme of Action on the Establishment of a New International Economic Order, 1974)



Impact of inequitable distribution of resources

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



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



(8) to Regulate and supervise the activities of transnational corporations by taking measures in the interest of the national economies of the countries where such transnational corporations operate on the basis of the full sovereignty of those countries (4g., Declaration of a New International Economic Order,1974)



Assistance to developing countries

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

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



HUMAN RIGHTS

Probition of discrimination

(11) to affirm that persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status (Art. 26, International Covenant of Civil and Political Rights, 1966)



(12) to prevent the gross and systematic violations of human rights.., as well as torture and cruelty, inhuman and degrading treatment and punishment, summary and arbitrary executions, disappearances, arbitrary detentions, all forms of racism racial discrimination and apartheid, foreign occupation and alien domination, xenophobia, poverty, hunger and other denials of economic, social and cultural rights,, religious intolerance, terrorism, discrimination against women and lack of the rule of law (C. 30 World Conference



civil and political rights

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



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



(15) to guarantee human rights and prevent discrimination on any grounds as affirmed in the following international instruments:

(i) Art. 2, The Universal Declaration of Human Rights, 1948;

(ii) Art. 2, The Universal Declaration of Human Rights, 1948;

(iii) Art. 27, Convention Relative to the Protection of Civilian Persons in Time of War, 1949);

(iv) Art.1.1, International Convention on the Elimination of all Forms of Racial Discrimination, 1965;

(v) Art. 2, International Covenant of Civil and Political Rights, 1966);

(vi) Art. 2International Covenant of Social, Economic and Cultural rights 1966, in force, 1976;

(vii) Art. 7, International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families;

(viii) Art. 2, Declaration on the Rights of Disabled Persons 1975;

(ix) Art. 2, Convention on the Rights of the Child, 1989;

(x) Principle 1.4, Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care, 1991.



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



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



(18) To note that scientific and technological achievement could entail dangers for civil and political rights of the individual or of the group and for human dignity (Preamble, Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of humanity, 1975)



women?s rights as human rights

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



labour rights

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



(21) to ensure the right to strike in conformity with the law

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

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



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





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



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



(25) to recognize the right of everyone to the enjoyment of just and favourable conditions of work, which ensure, in particular:

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

? fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work (a) (i);

? a decent living for themselves and their families in accordance with the provisions of the present Covenant (a) (ii); safe and healthy working conditions (b);

? equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence... (Art. 7 International Covenant of Civil and Political Rights, 1966).



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



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



(28) to recognize the right of everyone to the enjoyment of just and favourable conditions of work, which ensure, in particular:

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

? fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work (a) (i);

? a decent living for themselves and their families in accordance with the provisions of the present Covenant (a) (ii); safe and healthy working conditions (b);

? equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence...

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





rights of persons with disabilities

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



rights of indigenous peoples

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



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



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



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



(34) to recognize that the lands of indigenous peoples [shall] be protected from activities that are environmentally unsound or culturally inappropriate



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



Rights of the child

(36) to recognize the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world

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



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



Rights of migrant workers

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

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



Rights of refugees

(29) to accord to refugees the same treatment as is accorded to [citizens] generally. (Article 7, 1., Convention Relating to the Status of Refugees,1951).



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





SOCIAL JUSTICE:



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



right to development



(32) to reaffirm their commitments to reach the accepted United Nations target of 0.7 per cent of GNP for ODA and, to the extent that they have not yet achieved that target, agree to augment their aid programmes in order to reach that target as soon as possible and to ensure a prompt and effective implementation of Agenda 21. (Chapter 33, 33.15 Agenda 21, UNCED)



(33) to fulfill the right to development so as to equitably meet developmental and environmental needs of present and future generations. (Principle 3, Rio Declaration, UNCED, 1992)



right to quality of life or standard of living

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



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



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



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



right to housing

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



right to be free from hunger

(39) to proclaim the inalienable right to be free from hunger and malnutrition

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



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



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



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



(43) to call upon all peoples expressing their will as individuals, and through their Governments, and non-governmental organizations to work together to bring about the end of the age old scourge of hunger. (Art. 8, Universal Declaration on the Eradication of Hunger and Malnutrition, 1974)



(44) to proclaim the inalienable right to be free from hunger and malnutrition

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



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

* right to food



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



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



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





right to education



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



(50) to recognize that, with a view to achieving the full realization of this right [right to eduction]:

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

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

(c) higher education shall be made equally accessible to all, on the basis of capacity by every appropriate means, and in particular by the progressive introduction of free education

(d) fundamental education shall be encouraged or intensified as far as possible for those persons who have not received or completed the whole period of their primary education;

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



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



(52) to Recognize that for the effective implementation of the right to education the eradication of illiteracy has a particular priority and urgency

, (GA Resolution. The right to education 37/178 17 December 1982)



(53) to recognize that for the effective implementation of the right to

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



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



(55) to promote and attain to the goals of universal and equitable access to quality education, the highest attainable standard of scholarly, academic, ethical, physical and mental health, and universal access of all
Last Updated on Wednesday, 23 November 2005 10:16
 

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