Invitation to Participate
A historic coalition of international Non-Governmental Organizations (NGOS) is now forming, cognizant of the interlinkage of human rights and the environment and the need for a forum for presentation, discussion and advocacy of the practices necessary to achieve globally sustainable development. The vision of the International Peoples' Tribunal emerged during the 5th Session of the United Nations Commission on Sustainable Development (UN-CSD), April 7-25, 1997 in New York.
The First Session of the International Peoples' Tribunal on Human Rights and the Environment, Sustainable Development in the Context of Globalization will be held at the United Nations Church Center on June 22-23, 1997 in New York to coincide with the United Nations General Assembly Special Session (UNGASS), when Heads of State from around the world will be meeting to review implementation of Agenda 21. This Tribunal is an urgent response to a lack of commitment by States at the 5th Session of UN-CSD compounded by the effects of transnational corporations and accelerating globalization. We invite Non-Governmental Organizations (NGOs), caucuses and grassroots organizations to present cases and interventions demonstrating the interlinkage of human rights and the environmental on crucial and pivotal issues addressed or not addressed in the Rio+5 process.
The Tribunal will be held on Sunday, June 22, 1997 from 9:00 a.m. - 3:30 p.m. on the 8th floor of the United Nations Church Center and will continue on Monday, June 23, 1997 from 2:00 p.m. - 9:00 p.m. in the Chapel of the Church Center located at the corner of 44th Street and 1 st Avenue directly across the street from the United Nations. A press conference will be held immediately following the reading of the Decisions.
The prospectus and appendices attached describe basic principles and procedures by which the Tribunal is functioning and guidelines for the preparation of cases. The deadline for submission of case summaries is June 3,1997 in order to provide equal notice to all parties adversely implicated in the cases. Interventions are also invited that address critical issues and innovative ideas for consideration; an advance copy must be submitted by June 10, 1997 to be included in the programme. Guidelines for the preparation of interventions will be forthcoming.
It is our hope this Tribunal will help mobilize public opinion and serve as an indictment of those in the private, public and governmental sector violating human rights and the environment by calling attention to specific international laws, standards, commitments and obligations.
The environment is a human rights issue, development is a human rights issue, and therefore both must be examined in the context of peoples' struggles. All peoples have a human right to sustainable development. Please contact the Organizing Committee if you are interested in participating in or co-sponsoring the Tribunal. We need your help to make this Tribunal a success. Please share this information with other NGOS, caucuses, grassroots organizations and friends. We look forward to your response and welcome your suggestions regarding the Tribunal.
Yours sincerely,
Goodluck Diigbo, Chair, Human Rights Caucus
Marsha Monestersky, Co-Chair, Human Rights Caucus
NGO Steering Committee to the United Nations NGO Steering Committee to the United Nations Commission on Sustainable Development (UN-CSD) Commission on Sustainable Development (UN-CSD)
UN/The First Session
of the International Peoples' Tribunal on Human Rights and the Environment ,Sustainable Development in the Context of Globalization
Background
The First Session of the International Peoples' Tribunal on Human Rights and the Environment Sustainable Development in the Context of Globalization will be held June 22-23, 1997 in New York during the United Nations General Assembly Special Session (UNGASS). Heads of State from around the world will gather to review progress in the implementation of Agenda 21.
June 1997 will mark five years since the United Nations Conference on Environment and Development (UNCED) met in Rio de Janeiro and negotiated the Declaration of Rio. Its vision has been slow in coming and given the accelerating pace of the globalization process, environmental degradation, the persistence of poverty and the growing gap between developed and developing countries, the comprehensive implementation of Agenda 21 remains vitally important. It is even more urgent now than ever to shift the developed countries from their consumptive course to one of renewal and sustainability.
Human rights and environmental sustainability are indivisible and interconnected in a systemic way. Baselines by which each country will be held accountable by the Tribunal include: the 27 principles proclaimed in the UNCED; the Universal Declaration of Human Rights; the Universal Declaration of the Rights of Peoples; the Vienna Declaration and Programme of Action; and the UN Convention on the Rights of the Child.
Mission Statement
The vision for the International Peoples' Tribunal on Human Rights and the Environment emerged during the 5th Session of the United Nations Commission on Sustainable Development (UN-CSD), April 7-25, 1997 in New York. A historic coalition of international Non-Governmental Organizations is now forming, cognizant of the interlinkage of human rights and the environment and the need for a forum for presentation, discussion and advocacy of the practices necessary to achieve globally sustainable development.
World leaders have admitted there is an environmental crisis. In order for development to be directed towards sustainability and environmental accountability, it must be considered within a human rights perspective. The international community has too often affirmed human rights issues merely as goals or objectives without taking any action to regulate the new economic structures of globalization, liberalization and developmental aggression which are leading to increased land loss, evictions, displacement, disempowerment, homelessness, poverty, marginalization and environmental degradation. The vision of Rio, 5 years from now, must include genuine corporate accountability. Too often governments' policies, including the CSD process, are not addressing Indigenous peoples' and vulnerable or marginalized communities' rights to ancestral land, their resources and economic systems. Too often their resources are pillaged and dumped on and they become the objects of research, denied free and informed consent be
fore projects are undertaken or reviewed.
International human rights instruments provide criteria and standards to ensure that governments and intergovernmental structures discharge their legal-binding obligation to sustainable development including: disarmament, decommissioning and practical difficulties of waste management of weapons of mass and indiscriminate destruction, monitoring and accountability of the private sector including transnational corporations, post-conflict situations, rehabilitation and reconstruction. Sustainable development must be integrated within the context of globalization to ensure that trade rules are compatible with strong and effective environmental policies.
Process for the Identification of Cases
The cases identified will all demonstrate the interlinkage of human rights and the environment within the context of sustainable development and globalization. All cases selected will present testimonies on crucial and pivotal issues addressed or not addressed in the Rio+5 process.
Invitation to Participate
The environment is a human rights issue, development is a human rights issue and therefore must be examined in the context of peoples' struggles. All peoples have a human right to sustainable development.
This tribunal will provide a forum for those who have no forum. Decisions made by a panel of Tribunal Members will help mobilize public opinion and serve as an indictment of those in the private, public, governmental sector violating human rights and the environment by calling attention to specific international laws, standards, commitments and obligations.
We invite cases demonstrating the interlinkage of human rights and the environment to participate. We also invite other NGO caucuses to present interventions to the panel of Tribunal members.
Process for the Identification of Tribunal Members
Tribunal Members will be selected on the basis of their international credibility and expertise regarding issues before the Tribunal.
Sponsors
The Human Rights Caucus and the Peace Caucus of the NGO Steering Committee for the United Nations
Commission on Sustainable Development (UN-CSD) are hosting The First Session of the International
Peoples' Tribunal on Human Rights and the Environment Sustainable Develqpment in the Context of
Globalization June 22-23, 1997.
Invitation to Co-Sponsor
The Commission on Sustainable Development (CSD) is the main forum within the United Nations system for ensuring the full integration of economic and social development considerations with those of environmental protection. CSD 5 is a time to strengthen what was achieved in Rio, identify gaps and evaluate the status of governments implementation of the Programme of Action.
Time is of the essence to reverse the deterioration trend. The role of NGOs is essential for the principles of Agenda 21 to be implemented. Environmentally sustainable development will only be achieved when viewed within the context of peoples' struggles and fundamental inalienable human rights.
The international NGO community is participating in, supporting and Co-Sponsoring this Tribunal. We invite the NGO Steering Committee to the United Nations Commission on Sustainable Development (UN-CSD) and other caucuses to contact their members, nominate a representative to the organizing committee and become a co-sponsor. Please contact the International Peoples' Tribunal for further information.
Notification and Participation in the Tribunal
The deadline for the submission of case summaries will be Tuesday, June 3, 1997. These summaries should be accompanied by the names and address of all parties identified as allegedly having an adverse impact on the rights of the petitioners. The Organizing Committee will be responsible for providing two weeks notice to all parties adversely implicated in the cases that will be heard by the Tribunal, providing them with copies of summaries in which they are so identified. They will be given an opportunity to respond to any allegations made against them and will be invited to make a written submission if they are not able to send a representative to the Tribunal.
Agenda
Sunday, June 22,1997
Monday, June 23,1997
9:00 a.m. - 3:30 p.m. 8th Floor, UN Church Center
2:00 p.m. - 9:00 p.m. Chapel, UN Church Center
The UN Church Center is located at the comer of 44th Street and lst Avenue, directly across the street from the United Nations.
Tribunal Contacts
International Peoples' Tribunal
c/o African Services Committee, Inc.
28 East 35th Street, New York, NY 10016
Telephone: 212/683-5019 or 212/683-5021 Fax: 212/779-2862 E-mail: peoples-tribunal@juno.com
Website: httpllwwwidc.netlintipeoplestribunal and httpllwwwserve.comlafricanservel
Acknowledgments
The Organizing Committee of the International Peoples' Tribunal on Human Rights and the Environment wishes to acknowledge contributions by Dr. Clarence Dias, President, International Center for Law in Development and Tara Krause, People's Decade of Human Rights Education for initial planning of the Tribunal.
Services
Secretarial services funded and provided by African Services Comminee, Inc.
Video services provided by American Youth for Sustainable Development (DAYS) Borough Academies
Graphic design provided by Pax Studios
Organizing Committee
Goodiuck Diigbo, Chair Human Rights Caucus, NGO Steering Committee to UN Commission on Sustainable Development (NGOIUN-CSD);
Executive Director, Partnership for Indigenous Peoples Environment (PIPE); Steering Committee member, Movement for the Survival of the Ogoni
People (MOSOP); National President, National Youth Council of the Ogoni People (NYCOP); Served as First Editor, Rivers State Television (RSTV);
Senior Editor, Rivers State Broadcasting Corporation (RSBC); Author, Path to Self-Re (1989); Secretary General, Nigeria Union of Journalists
(NUJ)-Rivers State; Founder, Rural Africa Non-Govemmental Organization
Marsha Monestersky, Co-Chair (Alternate) Human Rights Caucus and Poverty Eradication Caucus, NGO Steering Committee to UN Commission on Sustainable Development (NGOIUN-CSD); Consultant, Sovereign Dinah Nation (SDN) and Black Mesa Dinah Mining Action Center (BM DMAC)
Dr. Delois Blakely, Peace Caucus, NGOIUN-CSD; Harlem Women International; Chairperson, National African American Delegation; newlyappointed Queen Mother of Fort Lauderdale, FL; Community Mayor, Harlem, NY
Anne Zanes, Peace Caucus, NGOIUN-CSD; United Nations Representative, Peace Links; Board of Directors, Communications Coordination Committee for the United Nations
Margaret deCaireS, Human Rights Caucus, NGOIUN-CSD; Sovereign Dineh Nation (SDN) NY Support Group
Terese Lewin, International Spanish America Media Committee, Inc. (ISAMC Inc.); NGO Committee on the United Nations Decade of the
World's Indigenous People; NGO Committee on the Day of the Indigenous People; Program Committee, Harvard Club, Harvard University
Robert Kaplan, Human Rights Caucus, NGOIUN-CSD; International League for Human Rights
Therese Chorun, Burma UN Service office; NY Affiliate, Rainforest Action Network; Sovereign Dineh Nation (SDN) NY Support Group Attorney Daniel Newman, Friends of Louis Armstrong House
Marynancy Clary, Human Rights Caucus, NGOIUN-CSD; Sovereign Dinah Nation (SDN) NY Support Group
Priscilla Felia, New York State Greens
Honorary Advisors
Dr. Clarence J. Dias
President, International Center for Law in Development
Ward Morehouse
President, Council on International and Public Affairs, Inc.
5
The First Session of the
International Peoples' Tribunal on Human Rights and the Environment Sustainable Development in the Context of GlobalizationAPPENDIX 1PROCEDURES TO ENSURE FAIR PLAYThe Tribunal session will follow the basic principles devised by the Permanent Peoples' Tribunal to ensure that its proceedings will be conducted in a fair and just manner. Specifically, notice will be given to anyone implicated in the cases and testimonies brought before the Tribunal alleged to have caused negative human rights and/or environmental impacts. All such persons will be given copies of the written case submissions and given the opportunity to respond either in writing or by personal appearance before the Tribunal, or both. The principles of equal time and equal opportunity will be rigidly adhered to. Copies of the final decision of the Tribunal will also be provided to all such persons irrespective of whether they have chosen to respond to the Tribunal or not. In sum, the Tribunal will be conducted in strict accordance to the
principles of equal access and equal treatment.APPENDIX 2GUIDELINES FOR PREPARATION OF CASE SUMMARIES
1. The case summaries should not exceed 6 pages of 250 words per page. Adherence to this limitation is crucial if Tribunal Members are to be able to deal seriously with a large amount of materials they will receive at the last minute.
2. The written case summaries should be able to stand on their own in "making the case". An opportunity for oral presentations to the Tribunal will also be available. However this is primarily meant to provide supplementary and complementary information.
3. The following format for the case studies is suggested. But feel free to vary the format should the needs of the case so require. The format suggested for the case summaries comprises the following 4 parts:
(i) Issues: raised by the case regarding human rights and/or environmental impacts arising out of unsustainable development.
(ii) Facts: to support both the issues raised and the specific acts and practices that give rise to the issues.
(iii) Impacts: both in terms of severity and scale, including where appropriate indirect (or consequential) impacts as well.
(iv) Those Responsible: should be clearly identified-whether they are state or non-state actors a like and whether they operate in the public or private sector alike.
4. In an Appendix to the 6 page case summaries, the full addresses (including phone, fax and e-mail where available) should be provided to enable the Organizing Committee of the Tribunal to give notice to those alleged to be responsible.
APPENDIX 3
GUIDELINES ON ORAL SUBMISSIONS TO THE TRIBUNAL
All parties providing written case submissions will be offered the opportunity to make oral presentations to the Tribunal. The length of such submission will be determined on the basis of the principle of equal time (including extra time for translation) once it is known how many cases have been submitted to the Tribunal.
There is no pre-set format for the oral submissions. However, the experience with past Tribunals indicates that such oral submissions are most effective when they:
complement and do not duplicate the written submissions;
emphasize personal experiences and are specific, giving concrete facts and details; and
0 present specific demands to the Tribunal.
It will be the responsibility of each group making oral submissions to furnish the Tribunal with a written transcript in English within 24 hours, if they wish it to enter the record of the Tribunal.
During, or at the end of the oral submission, parties may submit, to the Tribunal, documentation, photographs, video tapes, or other audio visual materials they wish to have entered into the record of the Tribunal. Such materials must be submitted in duplicate, however.
Parties are free to address any questions or clarifications they may have regarding their oral submissions, to the Organizing Committee.
APPENDIX 4
GUIDELINES ON INTERVENTIONS BEFORE THE TRIBUNAL
Each of the caucuses of the NGO Steering Committee to the United Nations Commission on Sustainable Development (UN-CSD) will be permitted to make an oral intervention to the Tribunal. The length of such intervention will be determined on the basis of the time available (in light of the number of cases to be heard) and on the principle of equal time.
The purpose of the intervention will be to raise issues pertinent to the mandate of the Tribunal from the perspectives and concerns of the specific caucus. Such interventions must not be merely general comments. No new case situations can be introduced through the interventions.
Similar interventions will also be permitted to any concerned organizations should they so desire, but the same rules pertaining to interventions by the caucuses will apply.
Anyone wishing to make interventions should submit such intervention in writing to the Organizing Committee by June 15, 1997, one week before the Tribunal hearing.
