In the first Summit as has been throughout the United Nations, documents emerge as well crafted statements and principles with an abundance of "notwithstanding" and "as appropriate" clauses". Unfortunately many of the strong principles have been perceived more as guidelines or goals and not as operative principles of action. Often these principles are enunciated but what would constitute compliance with the principle is not clearly determined. Corporations including transnationals with the support of sympathetic administrations have continued to disregard principles. What is needed now is compliance with principles reflected in previous obligations, expectations and commitments. For example, a strong principle such as principle 14 of the Rio Declaration, that "States should prevent the transfer to other states of substances and activities that cause environmental degradation or are harmful to human health" has not been implemented and complied with. States have not prevented the transfer of toxic, hazardous, and atomic wastes to other states; states still sell nuclear reactors, and circulate and berth nuclear powered and nuclear armed vessels. In the recent Commission on Sustainable Development (CSD) document the states have used the notion of "prior informed consent" which has become a device for avoiding extraterritoriality. (What right have we to impose our high standards on developing countries they have every right to accept our toxic, hazardous and atomic wastes particularly if there is prior informed consent)
If the Earth Summit II is to be important it must be a time of compliance, and time of discharging obligations, fulfilling expectations, and acting on commitments. .
International agreements include both obligations incurred through the United Nations Charter, the United Nations Conventions, Treaties, and Covenants; expectations created through the United Nations Declarations, and General Assembly Resolutions; and commitments made through UN Conference Action Plans.
If these years of obligations had been discharged, if these fifty years of expectations had been fulfilled, and if years of commitments had been acted upon, respect for human rights could have been guaranteed, preservation and protection of the environment could have been ensured, threats to peace prevented and removed, disarmament achieved, and socially equitable and environmentally sound development could have been enabled.
In June 1997, the Earth Summit II meeting of government leaders will take place in New York. At this meeting they will be endorsing a document related to the follow-up to the United Nations Conference on the Environment and Development (UNCED),
The Earth Summit II is important primarily for citizens to reveal that years of obligations incurred through the Charter of the United Nations, conventions, treaties and covenants; of expectations created through General Assembly resolutions, and of commitments made through conference action plans have not been undertaken, and that most of the obligations, expectations and commitments have neither been discharged, fulfilled, nor acted upon, and that it is time for compliance through action.
On June 23, 1997 at the fifth anniversary of the United Nations conference on Environment and Development, we the member states of the United Nations undertake to sign and ratify international agreements that we have not yet signed and ratified, and to enact the necessary legislation to ensure compliance and enforcement. In addition we undertake to fulfill expectations created through General Assembly resolutions and declarations, and to act upon commitments arising from conference action plans.
Establish mandatory international normative standards/regulations (MINS) drawn from international principles and from the highest and strongest regulations from member states harmonized continually upwards. MINS will then drive industry to BEST (best equitable/environmentally sound traditions) practices.
In addition, we reaffirm the undertaking in the Platform of Action in the UN Conference on Women: Equality, Development and Peace and in the Habitat II Agenda "to ensure that corporations including transnationals comply with national codes, social security laws, international laws, including international environmental law".
Revoke licences and charters of corporations including transnationals if the corporations have violated human rights, caused environmental degradation, or contributed to conflict and war.
Further, we undertake to establish an International Court of Compliance where citizens can take evidence of state and corporate non-compliance.
In order to achieve a permanent elimination of nuclear weapons, and because of the fatal link between civil and military nuclear power, .member states of the United Nations must also endorse an international uranium suffocation program, a moratorium on further nuclear plants, and a time-bound phase-out of existing nuclear plants
In addition, the member states of the United Nations undertake to ensure that all circulation and berthing of nuclear powered and nuclear armed vessels discontinue.
We undertake immediately to reduce the military budget by 50% and transfer the savings (i) into guaranteeing the right to food, the right to safe and affordable shelter, the right to universal health care, the right to safe drinking water, the right to a safe environment, the right to education and the right to peace, (ii) into socially equitable and environmentally sound work, and (iii) into strengthening the United Nations.
Currently the global community spends 850 billion on the military. It should be noted that in 1981 there was a General Assembly resolution to reduce the military budget and transfer the savings into social programs particularly in the developing countries. In 1981 the military budget was less than 50% of what it is now.
3. On June 25 1997. we the member states of the United Nations will demand and ensure compensation and reparation will be sought from corporations and sympathetic administrations for the environmental degradation and human rights violation in developing countries, on lands of indigenous peoples and in the communities of the marginalized citizens in both developing and developed countries. The so-called debt of the developing countries is not a debt to be forgiven but rather an obligation of the developed states to redress, compensate and restore. . Debt implies benefit and little benefit was derived from the years of corporate, along with sympathetic administration exploitation of developing countries, indigenous peoples, and marginalized citizens. It is a time for redress, compensation and restoration.
In order to prevent further environmental degradation and human rights violation, we the member states of the United Nations will fully act upon our commitment under principle 14 of the Rio Declaration which calls for the prevention of the transfer to other states of substances or activities that cause environmental degradation or that are harmful to human health. We also acknowledge that this principle includes toxic, hazardous, and atomic substances and wastes and associated activities, and that prior informed consent by the receiving country does not absolve us from the commitment to transfer these substances. In addition we will extend this principle to include transfer within states to lands of indigenous peoples, or to communities of marginalized citizens.
In addition we will adhere to the prevention of disasters principle as enunciated in the Habitat II Agenda, and ban, discontinue and phase out the use of substances and activities that could potentially cause disasters. For all future activities and substances, we will endorse the reverse onus principle which requires the proponent of an intervention into the ecosystem to have to demonstrate the safety of the intervention rather than the opponent having to demonstrate harm.
For further information, please contact:
Dr. Joan E. Russow, Global Compliance Research Project
Co-ordinator, BCEN International Affairs Caucus
1230 St. Patrick St. Victoria, B.C. CANADA
Tel/FAX. 250- 598-0071
e-mail: jrussow@coastnet.com