Subject: POLITICAL INITIATIVES OF THE TRANSNATION RADICAL PARTY
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(6) POLITICAL INITIATIVES OF THE TRANSNATION RADICAL PARTY
by Emma Bonino, Secretary of the Radical Party
Sofia, 15-18 July 1993, Radical Party General Council
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(6) Campaign for the abolition of the death penalty by 2000
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SUMMARY: The Transnational Radical Party has a project underway called
"Hands off Cain - Worldwide Parliamentary Campaign for the Abolition of the
Death Penalty by the Year 2000". Before the dawn of the new millenium, we
want to see respected throughout the world, the individual's right not to
be killed as the result of a sentence or judicial measure - even if issued
in respect of the law - and the inclusion of this right in the fundamental
texts of the international communicty and of individual countries. An
appeal addressed to the United Nations, launched on occasion of the World
Conference on Human Rights in Vienna last June, and signed by over 60,000
citizens, Nobel Prize Laureates, parliamentarians and celebrities from the
international world of culture, requests that the UN take immediate action
in order to establish "the right not to be killed" as a new fundamental
right of every individual.
The aim is to have a Resolution to this effect passed by the UN. We do not
want, and we are very adamant about this, the resolution to be of the same
generic or minimalist nature as the many other resolutions regarding the
death penalty that have approved, but never acually put into effect. To
this effect, we wholeheartedly approve Resolution no. 827 (which many
people have already commented upon) passed by the Security Council on 25
May 1993, which states that the death penalty cannot be inflicted by the
special Court being set up to judge crimes against humanity committed in
the Former Yugoslavia: in fact, how can a country legitimately sentence a
person to death, when the international community (to which that country
belongs) excludes capital punishment for serious war crimes, such as the
genocide actually being carried out in the Ex-Yugoslavia?
This is a step forward and, even though it was achieved "indirectly", it
has encouraged us to launch an initiative with a more specific objective:
the presentation of jointly- inspired bills with common aims - accompanied
by actions to awaken public opinion and the press - at the same time and on
the same day in as many different parliaments as possible, which commit the
respective Governments to promote this new individual right at the UN.
Another way of successfully achieving our aim would be for everyone to
commit themselves to establishing an international "consuetude" which makes
it legally impossible for a country to dispose of the life of one of its
citizens, even if found guilty of the most serious crime: a concept which
would form the basis of all international law. This kind of law, which
could be created by a large number of countries committing themselves to
international conventions, would prevail over conflicting national laws.
Several areas for action have already emerged regarding this campaign:
1) The United States plays a powerful international role. It is,
therefore, essential that we conduct our campaign on this front. We need
to put the Clinton Administration to the test by tring to obtain a three-
to five-year moratorium, and the ratification of the International
Convention of Civil and Political Rights which imposes strict limitations
on the execution of minors, pregnant women and the mentally-handicapped.
The presentation of motions in all parliaments, asking Governments to
"object" to the "reservations" expressed by the US regarding the
ratification of the International Convention, could represent the first
"confrontation" between abolitionist countries and Clinton's America.
2) A death penalty-free Europe could serve as an intermediate objective to
be achieved by 1995/96. To this effect, it is necessary to direct our
initiative towards the countries of the Former Soviet Union, the Baltic
States, and Russia and Bulgiaria itself, where relevant bills have already
been drawn up in parliament.
3) A "Committe to Abolish the Death Penalty in Mediterranean Countries"
was set up at the Seminar held by the POPEM (Organization for Peace between
the Peoples of Europe and the Mediterranean). This Organization is now
organizing a major Convention of Arab and Mediterranean Peoples. A similar
initiative could be organized in Africa by the end of 1994.
4) There is also an urgent need to establish a dialogue with the Vatican,
especially as the New Catechism containing a thesis on the legitimacy of
the death penalty, has just been published. We could begin by going on an
abolitionist march to St. Peter's next Easter.
5) Lastly, on 6 February 1993, a Convention was held during the Radical
Party Congress in Rome, in order to constitute the "International League
for the Abolition of the Death Penalty by the Year 2000". A Promoting
Committee was appointed, which set itself the objective of summoning a
World Congress to actually found the League within one year. This Congress
could give our campaign to abolish the death penalty a tremendous boost.
The project
The Radical Party has devised a project called "Hands off Cain - Worldwide
Parliamentary Campaign for the Abolition of the Death Penalty by the Year
2000", whereby we aim to achieve, before the dawn of the new millenium,
worldwide respect of the individual's right not to be killed as the result
of a sentence or judicial measure - even if issued in respect of the law -
and the inclusion of this right in the fundamental texts of the
international community and of individual countries.
Initiatives at a UN level
An appeal addressed to the United Nations, launched on occasion of the
World Conference on Human Rights in Vienna last June, and signed by over
60,000 citizens, Nobel Prizewinners, parliamentarians and well-known
figures from the international world of science and culture, requests that
the UN take immediate action - by drawing up agreements and developing
programmes for promotion at an international level - in order to establish
"the right not to be killed" as a new fundamental right of every
individual.
The principal aim of this action is to have a Resolution passed by the UN
on the initiative of the Secretary General - to whom the appeal will be
presented - or the parliaments of a number of countries whose respective
governments will undertake to put said Resolution on the agenda of the
General Assembly and of the UN Economic and Social Council.
The Resolution cannot be of the same generic or minimalist nature as those
already approved by the plenary assembly both of the United Nations and the
Economic and Social Council, in 1968, 1971, 1977, 1981, 1982, 1985...
The Resolution passed on 8 December 1997 speaks for all: "the General
Assembly, considering Art. 3 of the Universal Declaration of Human Rights,
which affirms that all people have the right to life, and Art. 6 of the
International Convention of Civil and Political Rights, which states that
the right to life belongs to every human being...
1. Reaffirms that, according to the decision taken by the General Assembly
(20 December 1971)... and by the Economic and Social Council..., the
principal objective to be pursued regarding capital punishment is to
progressively limit the number of crimes punishable with a death sentence,
with an aim to achieving the much-desired abolition of this form of
punishment..."
In effect, following Resolution no. 827, passed by the Security Council on
25 May 1993, affirming that the death penalty cannot be inflicted by the
special Court being set up to judge war crimes committed in the territory
of the Ex-Yugoslavia, there is still a need for a more precise ruling which
sets specific dates - even if the actual process is more gradual.
How can a country, in fact, legitimately sentence a person to death for
murder, when the international community totally excludes the death penalty
for genocide and war crimes such as those being committed in the Former
Yugoslavia.
In different parliaments at the same time, on the same day...
In order to realize our objective we must organize, at the same time on the
same day and in as many different parliaments as possible, the presentation
of identical bills or resolutions which uphold the new individual right and
commit governments to promoting it at the UN. This action would be
supported by public demonstrations in front of the parliaments and by
informing public opinion.
In many countries, the death penalty has been abolished for some time or is
only provided for in the Military Code during wartime. Nevertheless, we
are also conducting our abolitionist campaign on this front. Democratic,
liberal and lay activists, and "revolutionaries" advocating a right to life
and a life of rights in countries where the death penalty is not imposed,
have the basis for a renewed internationalist commitment and institutional
leverage, and activists who can give a voice, and bring hope and justice to
the thousands of people who have been condemned to death throughout the
world, and are waiting to be executed on death row.
An international abolitionist consuetude
Another way of achieving our aim of abolishing the death penalty by 2000 is
for everyone to commit themselves to establishing an international
consuetudinary law that would make it impossible for a country to dispose
of the life of one of its citizens, even if found guilty of the most
serious crime: a concept that would form the basis of all international
law. This kind of law - made possible by a large number of countries
committing themselves unequivocally to international human rights
agreements - would be binding for all countries and would prevail,
according to international law, over conflicting national laws.
Moratorium and objection to reservations in the U.S.A.
The United States plays a powerful role and enjoyus great prestige
internationally. It is therefore essential that we conduct our
abolitionist campaign on this front.
It is a question of putting the Clinton Administration to the test by
organizing actions to obtain a three- to five-year moratorium of all
executions and the ratification, without any reservations, of the
International Convention on Civil and Political Rights, which lays down
strict limitations concerning the execution of minors, pregnant women and
mentally-handicapped persons. The immediate presentation of motions in all
parliaments that bind Governments to "object" to the "reservations"
expressed by the United States regarding the ratification of the
Convention, would enable abolitionist countries to take an initial stand
against Clinton's America.
For a death penalty-free Europe
A death penalty-free Europe could be an intermediate goal of the campaign,
to be achieved by 1995/96. It would be possible to devise a parliamentary
action at the level of EC contries which have not yet abolished the death
penalty; and an action with regard to the Republics of the former Soviet
Union that are drafting new penal codes, and countries that are preparing
the instruments for the ratification of the European Conventions. We are
already conducting a campaign with Amnesty International to abolish the
death penalty in the Baltic States. We are aware of the urgent need to
embark on an action in Russia and Bulgaria, where we are familiar with the
legal situation and know which bills have been drawn up in parliament.
Towards abolishing the death penalty in the Mediterranean and in Africa
A "Committee to Abolish the Deah Penalty in Mediterranean Countries" was
set up at the Seminar held by the POPEM (Organization for Peace between the
Peoples of Europe and the Mediterranean) in Tunisia, on 16 November 1992.
The first objective the Committee has set itself is to organize, within a
year, a major Convention that will be attended by countries of the
Mediterranean and the Arab world, with the participation of jurists,
parliamentarians, associations and political parties. The Committee's
second objective is the drawing up of an abolitionist protocol to be signed
by all Islamic countries.
A similar initiative could be undertaken in Africa before the end of '94,
with the aim of promoting a regional abolitionist agreement. We could
start precisely with those countries which are abolitionist de jure or de
facto, one of which could possibly finance the undertaking.
An Easter march to the Vatican
We urgently need to establish a dialogue with the Vatican, which could play
a decisive role in the abolitionist campaign; especially as the New
Catechism containing a thesis on the legitimacy of the death penalty has
just been published.
We could begin by going on an abolitionist march to St. Peter's next
Easter.
The Rome Convention to found the International League
On 6 February 1993, a Convention was held during the Radical Party Congress
in Rome in order to found the "International League for the Abolition of
the Death Penalty by 2000": a transnational political body, an instrument
for parliamentary and political action, with objectives to be achieved
within a specific period.
At the end of the proceedings, in which parliamentarians, jurists and
well-known people from the international world of culture took part, the
Promoting and Coordinating Committee of the International League was set
up, comprising Ramsey Clark, Franois Fejt, Mairead Corrigan Mauguire -
Nobel Peace Prizewinner - and Nikolaj Arzhannikov - Vice-chairman of the
Committee of the Supreme Soviet of Russia on human rights. Elena Bonner
Sacharova attended the meeting and declared her support for the
International League, as did Mikhail Gorbachev in a written message.
The primary objective of the Rome Convention is the summoning of a World
Congress to Found the International League within one year.
The aim of this Congress and the task of the League, is to undertake a
powerful campaign of parliamentary action and supporting actions, for the
simultaneous presentation and approval of bills or resolutions in all
parliaments in which Radicals are present.
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