Hospitals & Asylums
President of
the General Committee Jan Eliasson
Chairman of the First Committee on Disarmament and
International Security: H.E. Mr. Choi Young-jin (
Chairman of the Second Committee Economic and
Financial: H.E.
Mr. Aminu Bashir Wali (
Chairman of the Social, Humanitarian and Cultural
Third Committee: H.E.
Mr. Francis K. Butagira
(
Chairman of the Special Political and Decolonization
Fourth Committee: Yashar Aliyev (
Chairman of the Administrative and Budgetary Fifth
Committee: His Excellency Mr. John W.
ASHE (
Chairman of the Legal Sixth
Committee: H.E. Mr. Juan Antonio Yañez-Barnuevo (
Secretary
General of the United Nations and Leader of the Credential Committee Koffi A. Annan
Agenda for the Eight Committees of the 60th
UN General Assembly HA-10-12-05
1. The Rules of
Procedure of the General Assembly of 31
December 1984 are reviewed for the first time by the prospective United
Nations Hospitals & Asylums Political Party, in this treatise. Under Rule 78 and 120 Proposals and
Amendments shall be submitted in Writing to the Secretary General, who shall
circulate them to the delegates. The Secretary General is reached under Art. 36
of the Statute
of the Court by state parties summoned at
the request of Hospitals & Asylums (HA) underwriting Art. 34 and pursuance to Art. 26(1)(end) of the Rules
of Court for:
a. The $25 billion African Social Security
settlement of Tony Blair and Tony Sanders to be accounted for under Rule 160
whereby the Committee on Contributions advises the General Assembly concerning
the apportionment of expenses, of the AU, amongst Members broadly according to
the capacity to pay. The scale of
assessments once fixed by the General Assembly shall not change for three years
and should be done first thin in 2006 HA-7-6-5
b.
Afghanistan & Iraq v. United States of America to be revised for the HA
Winter Solstice report to admit the controversy of Chapter 1: the Military
Department (MD) to the First Committee under
Annex II the Rules of Procedure that recommends whenever a Committee
contemplates making a recommendation to the General Assembly to request an
Advisory Opinion from the International Court of Justice the matter may, at
some appropriate stage in its consideration by a Committee, be referred to the
Sixth Committee for advice on the legal aspects and on the drafting of the
request, or the matter may be decided by a joint Committee with the Sixth
Committee to draft the requested Application for an Advisory Opinion Regarding
the Application of Art. 118 of the Third Geneva Convention by Memorial Day 2006
HA-2-11-04
c. Beginning the United
Nations Hospitals & Asylums Political Participation Year of HA-25-5-05
informed as if under Rule 28 whereby the Credential Committee reports (to states)
upon credentials without delay, when Hospitals & Asylums (HA) at www.title24uscode.org is to be
honorably mentioned in an organizational session report of the NGO Section of
ECOSOC.
d. The establishment of a drafting Committee
under Rule 161 whereas the General Assembly may establish such subsidiary
organs as it deems necessary for the performance of its functions, to consider
the amendments to the UN Charter precipitated by the decision to legislate the
Human Rights Council ordered by the Outcome Document(s) of the World Summit
codified in a first draft of amendments to specified articles and Chapters of
the UN Charter,
preserved at the conclusion of this document…
2. A Special Session of the General Assembly
may be convened within 15 days of receipt of the Secretary General by request
of the Security Council or a Majority of Members pursuant to Rule 8.
3. Under Rule 9 (a) Any
member of the United Nations may request the Secretary General to convene a
special session of the General Assembly.
The Secretary General shall immediately inform the other Members of the
request and inquire whether they concur in it.
If within 30 days of the date of communication of the Secretary General
a majority of Members concur in the request a special session of the General
Assembly may be convened in accordance with Rule 8.
4. Under Rule 100 Each Member may be
represented by one person on each Main Committee. Under Rule 101 upon designation of the
Chairman of the delegation, advisors, technical advisors, experts or persons of
similar status may act as members of Committees.
5. In
the Address of
6. The Statement of the European Union accompanying the speech of the Rt. Hon. Jack Straw MP Foreign Secretary of the United Kingdom of Great Britain and Northern Ireland to the General Debate of the 60th Session of the General Assembly informs us that EU member states pay about half of all voluntary donations to humanitarian and development activities as well as nearly 40 per cent of the cost of the UN's regular budget and UN peacekeeping operations.
7. Under Rule 160 the Committee on
Contributions shall advise the General Assembly concerning the apportionment of
expenses of the organization amongst Members broadly according to the capacity
to pay. The scale of assessments once
fixed by the General Assembly shall not change for three years.
8. The theme is Disarmament; Maintenance of
international peace and security; Promotion of human rights!!!
9. Agenda item 100 Establishes a
nuclear-weapon-free zone in the region of the
10. Allocation of Agenda Items to the First Committee for
Disarmament A/C.1/60/1
gives priority to the (a) Reduction
of military budgets; (b) Objective
information on military matters, including transparency of military expenditures.
11. Allocation of items to the Special
Political and Decolonization Committee (Fourth Committee) A/C.4/60/1 support the Implementation of the
Declaration on the Granting of Independence to
Colonial Countries and Peoples.
12. Allocation of Agenda items to the Second Committee on Economics and Finance A/C.2/60/1 strengthens the coordination of humanitarian and disaster relief assistance of the United Nations, including special economic assistance (b) Provides Special economic assistance to individual countries or regions.
13. Allocation of items to the Social, Humanitarian and Cultural Third Committee A/C.3/60/1 for the Maintenance of international peace and security the Report of the United Nations High Commissioner for Refugees, answers questions relating to refugees, returnees and displaced persons and humanitarian questions.
14.
According to the Report of the United Nations High Commissioner on Refugees to
the 60th General Assembly Supplement No. 12 A/60/12
The total population of concern to UNHCR at the end of
2004 was 19.2 million. During 2004, an
estimated 1.5 million refugees repatriated voluntarily to their countries of
origin. The largest number of refugees repatriated to
15.
Naturalization is available to refugees and stateless persons in some asylum
countries only and is not always reported. In 2004, UNHCR was informed about
significant numbers of refugees being granted citizenship in the
16. The Right of peoples to self-determination is inherent in the resolution of Human rights questions:
(a) Implementation of human rights instruments;
(b) Human rights questions, including alternative approaches for improving
the effective enjoyment of human rights and fundamental freedoms;
(c) Human rights situations and reports of special rapporteurs and
representatives;
(d) Comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action;
(e)
Report of the United Nations High Commissioner for Human Rights. A/60/40
(Vol. I)
17.
The present annual report covers the period from
18.
As at
19.
On 27 July 2004, during its eighty-first session, the Committee addressed a
letter to the United States of America, requesting it to submit its overdue
second and third periodic reports by 31 December 2004 and/or to submit specific
information on the effect of measures taken to fight against terrorism after
the events of 11 September 2001 and notably the implications of the Patriot Act
on nationals as well as on non-nationals (articles 13, 17, 18 and 19 of the
Covenant), as well as on problems relating to the legal status and treatment of
persons detained in Afghanistan, Guantánamo Bay, Iraq
and other places of detention outside the territory of the United States of
America (articles 7, 9, 10 and 14 of the Covenant). On 1 April 2005, during its
eighty-third session, the Committee addressed a letter to the United States of
America, taking note of correspondence from the State party dated 24 March 2005
concerning the submission of its second and third periodic reports, and
welcoming the submission by the United States of America of its report in time
for the Committee at its eighty-fourth session. On
20. The State party should take firm measures
to eradicate all forms of ill-treatment by law enforcement officials and ensure
prompt, thorough, independent and impartial investigations into all allegations
of torture and ill-treatment. It should prosecute perpetrators and ensure that
they are punished in a manner proportionate to the seriousness of the crimes
committed, and grant effective remedies including compensation to the victims.
21. The State party should continue to
reinforce international cooperation as well as practical measures to combat
trafficking in human beings, prosecute and punish perpetrators and combat
trafficking-related corruption. Protection should be provided to all witnesses
and victims of trafficking so that they may have a place of refuge and an
opportunity to give evidence against those held responsible.
22. The State party is urged to improve the
conditions of detention for those held on remand and for convicted persons.
Individuals held in remand detention should be segregated from convicted
persons. The State party should also provide the necessary measures for victims
of unlawful arrest or detention to claim compensation. The State party is
reminded that, under article 9, paragraph 3, it shall
not be the general rule that suspected persons are detained while awaiting
trial. The State party should develop an effective system of bail.
23. The State party should guarantee the
independence of the judiciary, take measures to eradicate all forms of
interference with its independence, to allow access to justice to all without
discrimination and ensure that unconvicted detainees
are brought to trial as speedily as possible.
24. The State party should fully guarantee
and protect the right of freedom of opinion and expression of journalists and media representatives and introduce
legal mechanisms and practical
measures to that effect
25. The State party should reinforce measures
to combat abuse and exploitation of children, and establish public
awareness-raising campaigns regarding children’s rights.
26.
The Fifth Committee
(Administrative and Budgetary), as reaffirmed by General Assembly resolution 45/248 B, Sect. VI, is the Main Committee of the
General Assembly entrusted with responsibilities for administration and
budgetary matters.
27.
The General Assembly considers and approves the budget of the Organization, in
accordance with Article 17 of the Charter of the United Nations. The Assembly also considers
and approves financial and budgetary arrangements with specialized agencies
making recommendations to the agencies concerned.
28.
Due to the increased workload of the Fifth Committee during the past years, it
has now become the standard practice that the Committee meets, not only during
the main part of the General Assembly session (September to December) but
during resumed sessions, in March and in May of a given year.
29.
During the main part of the session, the Fifth Committee considers issues that
require the approval of the General Assembly for funding by the end of the
year. The resumed session held in March deals with issues that were not
completed during the main part of the session. In accordance with General Assembly
resolution 49/233 of
30.
The Sixth Committee
Agenda A/60/514
states, the item entitled “United Nations Programme
of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of
International Law” was included in the provisional agenda of the sixtieth
session of the General Assembly pursuant to Assembly resolution 58/73 of 9
December 2003. At its 17th plenary meeting, on
31. The United Nations Convention on the Use
of Electronic Communications in International Contracts A/60/515 begins, The States Parties
to this Convention,
Reaffirming their belief that international trade on the basis of equality and mutual benefit is an important element in promoting friendly relations among States,
Noting that the increased use of electronic communications improves the efficiency of commercial activities, enhances trade connections and allows new access opportunities for previously remote parties and markets, thus playing a fundamental role in promoting trade and economic development, both domestically and internationally,
Considering that problems created by uncertainty as to the legal value of the use of electronic communications in international contracts constitute an obstacle to international trade,
Convinced that the adoption of uniform rules to remove obstacles to the use of electronic communications in international contracts, including obstacles that might result from the operation of existing international trade law instruments, would enhance legal certainty and commercial predictability for international contracts and help States gain access to modern trade routes,
Being of the opinion that uniform rules should respect the freedom of parties to choose appropriate media and technologies, taking account of the principles of technological neutrality and functional equivalence, to the extent that the means chosen by the parties comply with the purpose of the relevant rules of law,
Desiring to provide a common solution to remove legal obstacles to the use of electronic communications in a manner acceptable to States with different legal, social and economic systems.
32. Under Rule 1 of the Rules of Procedure of
the General Assembly of 31
December 1984 the General Assembly shall meet every year in a regular
session commencing on the Third Tuesday in September. The Draft Outcome Document of 13 September 2005
for the World Summit HA-15-9-05 orders
33. Considering that the Trusteeship Council no longer meets and has no remaining functions, we should delete Chapter XIII of the Charter and references to the Council in Chapter XII.
34. Taking into account the General Assembly Resolution 50/52 and recalling the related discussions conducted in the General Assembly, bearing in mind the profound cause for founding of the United Nations, and looking into our common future, we resolve to delete references to “enemy States” in Articles 53, 77, and 107 of the Charter of the United Nations.
35. Pursuant to our commitment to further strengthen the United Nations human rights machinery, we resolve to create a Human Rights Council.
36. The Council will be responsible for promoting universal respect for the protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner.
37. The Council should address situations of violations of human rights, including gross and systematic violations and make recommendations thereon. It should also promote effective coordination and the mainstreaming of human rights within the UN system.
38. The Original Draft Outcome Document A/59/HLPM/CRP.1/Rev.1 of 22 July 2005 makes preliminary consideration for the Human Rights Council to have the following mandate, size and composition:
(a) It will be the organ primarily responsible for promoting universal respect for and observance and protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner, recognizing their indivisible, inalienable and interrelated character. To carry out this mandate, the Council shall assume and review all the functions of the Commission on Human
Rights and preserve its strengths, including the system of special procedures. In particular it will:
(i) Serve as a forum for dialogue on thematic issues relating to all human rights and fundamental freedoms and make recommendations to the General Assembly for the further development of international law in the field of human rights;
(ii) Promote international cooperation to enhance the abilities of Member States to implement human rights commitments, including international norms and standards, and the provision of assistance by the Office of the United Nations High Commissioner for Human Rights to Member States, at their request, through programmes of advisory services, technical cooperation and capacity-building;
(iii) Promote effective coordination and the mainstreaming of human rights within the United Nations system, including by making policy recommendations to the General Assembly, the Security Council, the Economic and Social Council and other United Nations bodies. The Council should also work in close cooperation with regional organizations in the field of human rights;
(iv) Evaluate the fulfilment by all States of all their human rights obligations, in particular under the Charter and the Universal Declaration of Human Rights. This procedure will not duplicate the reporting procedures being carried out under the human rights treaties;
(v) Address any matters or situations related to the promotion and protection of human rights, including urgent human rights situations, and make recommendations thereon to the Member States and provide policy recommendations to the United Nations system;
(b) The Council shall comprise between 30 and 50 members, each serving for a period of three years, to be elected directly by the General Assembly, by a two thirds majority. In establishing the membership of the Council, due regard shall be given to the principle of equitable geographical distribution and the contribution of Member States to the promotion and protection of human rights;
(c) Those elected to the Council should undertake to abide by human rights standards in their respect for and protection and promotion of human rights, and will be evaluated during their term of membership under the review mechanism, unless they have been evaluated shortly before the start of their term in the Council;
(d) The arrangements made by the Economic and Social Council for consultations with non-governmental organizations under Article 71 of the Charter shall apply to the Council;
(e) The Council shall submit an annual report to the General Assembly.
39.
We request the President of the General Assembly to conduct consultations with
Member States in order to adopt during its sixtieth session, before
40. The UN Charter Amendments precipitated by the World Summit Draft Outcome Documents under analysis by Hospitals & Asylums in HA-15-9-05 are:
a. Repeal the Trusteeship Council from Chapter XIII of the Charter and references to the Council in Chapter XII.
b. Taking into account the General Assembly Resolution 50/52 and recalling the related discussions conducted in the General Assembly, bearing in mind the profound cause for founding
of the United Nations, and looking into our common future, we resolve to delete references to “enemy States” in Articles 53, 77, and 107 of the Charter of the United Nations.
c. Legislate the Human Rights Council in the vacated articles of Chapter XIII of the UN Charter for which a drafting committee will need to be convened under Rule 161 of the Rules of Procedure of the General Assembly to close amendments to the highest code, the constitution of the United Nations – the UN Charter – in five years from 2005 and a Constitution for the Human Rights Council and a Treaty establishing the Peace building Commission this 2006.
d. Advocate for rewriting the International Trusteeship System to read International Taxation System to realize the 1% social security tax set forth in Art. 23 of the Declaration on Social Progress of 1969 so that the UN will be a real Hospitals & Asylums Government (HAG) that is forced to administrate every penny of the International Trust for the poor, annually.
Preservation of the Original Wording of
the Charter of the United Nations in Preparation for the First Amendment
CHAPTER XIII
THE TRUSTEESHIP COUNCIL
COMPOSITION
Article 86
a. those Members
administering trust territories;
b. such of those
Members mentioned by name in Article 23 as are not administering trust
territories; and
c. as many other
Members elected for three-year terms by the General Assembly as may be
necessary to ensure that the total number of members of the Trusteeship Council
is equally divided between those Members of the United Nations which administer
trust territories and those which do not.
FUNCTIONS and POWERS
Article 87
The General Assembly and, under its authority, the
Trusteeship Council, in carrying out their functions, may:
a. consider
reports submitted by the administering authority;
b. accept
petitions and examine them in consultation with the administering authority;
c. provide for
periodic visits to the respective trust territories at times agreed upon with
the administering authority; and
d. take these and
other actions in conformity with the terms of the trusteeship agreements.
Article 88
The Trusteeship Council shall formulate a questionnaire on the
political, economic, social, and educational advancement of the inhabitants of
each trust territory, and the administering authority for each trust territory
within the competence of the General Assembly shall make an annual report to
the General Assembly upon the basis of such questionnaire.
VOTING
Article 89
PROCEDURE
Article 90
Article 91
The Trusteeship
Council shall, when appropriate, avail itself of the assistance of the Economic
and Social Council and of the specialized agencies in regard to matters with
which they are respectively concerned.
CHAPTER XII
INTERNATIONAL TRUSTEESHIP SYSTEM
Article 75
The United Nations shall establish under
its authority an international trusteeship system for the administration and
supervision of such territories as may be placed thereunder
by subsequent individual agreements. These territories are hereinafter referred
to as trust territories.
Article 76
The basic objectives of the trusteeship
system, in accordance with the Purposes of the United Nations laid down in
Article 1 of the present Charter, shall be:
a.
to further international peace and security;
b.
to promote the political, economic, social, and educational advancement of the
inhabitants of the trust territories, and their progressive development towards
self-government or independence as may be appropriate to the particular
circumstances of each territory and its peoples and the freely expressed wishes
of the peoples concerned, and as may be provided by the terms of each
trusteeship agreement;
c.
to encourage respect for human rights and for fundamental freedoms for all
without distinction as to race, sex, language, or religion, and to encourage
recognition of the interdependence of the peoples of the world; and
d.
to ensure equal treatment in social, economic, and commercial matters for all
Members of the United Nations and their nationals, and also equal treatment for
the latter in the administration of justice, without prejudice to the
attainment of the foregoing objectives and subject to the provisions of Article
80.
Article 77
a.
territories now held under mandate;
b.
territories which may be detached from enemy states as a result of the Second
World War; and
c.
territories voluntarily placed under the system by states responsible for their
administration.
Article 78
The trusteeship system shall not apply to
territories which have become Members of the United Nations, relationship among
which shall be based on respect for the principle of sovereign equality.
Article 79
The terms of trusteeship for each
territory to be placed under the trusteeship system, including any alteration
or amendment, shall be agreed upon by the states directly concerned, including
the mandatory power in the case of territories held under mandate by a Member
of the United Nations, and shall be approved as provided for in Articles 83 and
85.
Article 80
Article 81
The trusteeship agreement shall in each
case include the terms under which the trust territory will be administered and
designate the authority which will exercise the administration of the trust
territory. Such authority, hereinafter called the administering authority, may
be one or more states or the Organization itself.
Article 82
There may be designated, in any
trusteeship agreement, a strategic area or areas which may include part or all
of the trust territory to which the agreement applies, without prejudice to any
special agreement or agreements made under Article 43.
Article 83
Article 84
It shall be the duty of the administering
authority to ensure that the trust territory shall play its part in the
maintenance of international peace and security. To this end the administering
authority may make use of volunteer forces, facilities, and assistance from the
trust territory in carrying out the obligations towards the Security Council
undertaken in this regard by the administering authority, as well as for local defence and the maintenance of law and order within the
trust territory.
Article 85
Article 77
a.
territories now held under mandate;
b.
territories which may be detached from enemy states as a result of the Second
World War; and
c.
territories voluntarily placed under the system by states responsible for their
administration.
Nothing in the present
Charter shall invalidate or preclude action, in relation to any state which
during the Second World War has been an enemy of any signatory to the present
Charter, taken or authorized as a result of that war by the Governments having
responsibility for such action.
Prepared by,