WHY IS A SCHOOL COMPAIGNING FOR ' ENFORCEABLE INTERNATIONAL LAW'

In pursuance of its belief that “School must be a Lighthouse of Society,” the City Montessori School (CMS), Lucknow led by its founder-manager Mr Jagdish Gandhi has been leading a campaign for ‘Enforceable International Law’ with the objective of safeguarding the future of world’s children, born and yet-to-be-born.

For several years now, CMS and Mr Gandhi have been strenuously striving to build global public opinion in favour of enactment of enforceable international laws that are equally applicable on all the countries and peoples of the world, through a series of international conferences that have elicited the support of many Chief Justices, Heads of State and Heads of Governments of many countries of the world besides eminent peoples like Nobel laureates, peace activists and others. 

The unique interpretation given by Mr Gandhi to the definition of International Law has also been supported by many eminent legal luminaries and has greatly advanced the concept of International Law by introducing the concept of ‘enforceability’. In fact, this campaign of CMS is the only one of its kind in the world with its emphasis on ‘Enforceable International Law’. CMS firmly believes that humanity has reached a stage where nationalism must give way to globalism or internationalism and if humanity is to survive for another millennium; national governments must give up their sovereign right to wage war. Mr Gandhi rightly says that no society can survive for long without rule of law which is the basis of modern civilization. He also upholds that law evolves according to the needs of the society and today’s global society urgently needs ‘Enforceable International Law’ that is equally applicable on all the countries and peoples of the world, without favour or prejudice. 

Here it would be pertinent to quote Article 51(c) of the Constitution of India which says: 

Article 51: The state shall endeavour to:
(a) promote international peace and security;
(b) maintain just and honourable relations between nations;
(c) foster respect for international law; and 
(d) encourage settlement of international disputes by arbitration.

Mr Gandhi is the first person in the world to raise the demand for ‘Enforceable International Law’ and point out that there is actually no international law existing in the world today that is equally applicable on all the countries and peoples of the world. He has also pointed out that what is generally referred to as ‘International Laws’ are in fact conventions and treaties between two or more countries and not ‘International Law’ since a law that does not carry a penalty for its violation cannot be called a law at all. Therefore, in order to ‘foster respect’ for International Law we first need to have ‘International Laws’ that has been enacted by a duly-constituted law-making body like a World Parliament which alone can enact ‘Enforceable’ International Laws that are equally applicable on all the countries and peoples of the world. Hence the campaign of CMS and Mr Gandhi to build public opinion in favour of 'Enforceable International Law' and promotion of world unity and world peace. It should be noted here that Article 51(c) of the Constitution of India says the State ‘shall’ endeavour, it does not say that the State ‘may’ or ‘should’ implying that the State has to endeavour and that there is no choice in this regard. Moreover, the word ‘State’ implies the government, the citizens and even all organisations existing in that country. As the world’s largest school recognised by the Guinness Book of World Records and as recipient of the UNESCO Prize for Peace Education 2002, the CMS family headed by Mr Gandhi feels constitutionally bound to promote the spirit of Article 51(c) of the Indian Constitution and to strive for fostering respect for International Law. Hence the School’s campaign, on behalf of world’s two billion children, and those yet unborn, demanding 'Enforceable International Law' capable of safeguarding the future of humanity from the threat of a nuclear holocaust and/or ensuring effective and globally coordinated steps for conserving the world’s ecology and environment. CMS and Mr Gandhi firmly believe that the world needs a duly-constituted World Parliament for enacting ‘Enforceable International Laws’ and a World Government for implementing these laws impartially since neither the national governments nor the United Nations can ensure enforceability of such International Laws. 

It has truly been said that ‘Necessity is the mother of invention.’ Today, when technological advancements have knitted human communities all over the world into an inter-dependent global society, ‘Enforceable International Laws’ have become an urgent necessity or else the world is bound to slide into lawlessness and chaos. Moreover, respect for law implies obeying of those laws and therefore there is a consequent need for a mechanism to implement International laws and punish the violators. Clearly, only a World Government can implement and enforce such laws while a World Court is needed to interpret the laws enacted by the World Parliament. It is only such a new world order that can effectively safeguard the future of humankind.

Here it be relevant to recall that Victor Hugo had once observed: “There is one thing stronger than all the armies in the world and that is an ‘idea' whose time has come.” In view of the present world scenario, 'Enforceable International Law' is an ‘idea' whose time has clearly come. CMS is promoting the idea of ‘Enforceable International Law’ as enshrined in Article 51(c) of Constitution of India (which says that the State shall endeavour to foster respect for International Law) by organizing International Conferences of Chief Justices of the World to build global public opinion on the issue of safeguarding the future of world´s two billion children by forming a world government and for this purpose, bringing out elaborate brochures documenting the various articles, speeches and messages etc. by most eminent jurists of the world, supporting the issue of ‘Enforceable International Law’ raised by CMS.

In order to understand how and why the City Montessori School led by its founder Mr Jagdish Gandhi began this campaign for ‘Enforceable International Law’, we need to look into the background and reasons behind this campaign aimed at ensuring that future generations of humankind inherit a safe and healthy ecology. This campaign took its present contours over the last decade when during his interactions with children coming from all over the world to participate in various international events organized by CMS, Mr. Gandhi noticed the apprehension of the children regarding their future. The children seemed fearful of their future and many of them seemed convinced that sooner or later, the world was bound to end in either a nuclear holocaust or an eco-catastrophe. It was when some of the children asked Mr. Gandhi what he and his school were doing to safeguard their future, that Mr. Gandhi declared himself and CMS as the self-appointed custodian of the rights and welfare of the world’s children, born and yet-to-be-born.

Having continuously worked with children for more than four decades, the CMS founder Mr Jagdish Gandhi has developed immense love and concern for the welfare, safety and security of children, and therefore he feels duty-bound to strive for the safety, security and welfare of world's two billion children. Mr Gandhi believes that the children are the single most powerful common denominator for all the nations of the world and their safety and security are issues which no one can ignore and differ with. 

In this connection, it is also pertinent to mention here
(i) a letter received from Grenada written by two children and
(ii) the judgement of Supreme Court of the Philippines:-

(i) Children’s worry is expressed in a letter received from two brothers — Nathanael Daniel and Randy Daniel from Grenada (West Indies), aged 6 years and 3 years, respectively — dated 7th December 2001, who wrote “It is advisable to further protect our right to play, our right to rest, our right to be educated, our right to be loved, our right to eat, our right to live peacefully — because of our numberless needs at our young age and because of our numberless demands when we get old, let us join hands together to plan the future. May your country (India) be the exemplary leader to open the paths to a wonderful and flourishing world."  

(ii) Rights of children, minors and those yet-to-be born, to file a petition concerning their rights to a balanced and healthful ecology to sustain the health and life of minors has been upheld by the Chief Justice of the Supreme Court of the Philippines, Hon’ble Mr Justice Hilario G. Davide, Jr. given below:-

Consequently, in 1999, Mr Gandhi motivated CMS students to collect nearly one hundred thousand signatures on an appeal to Dr Kofi A. Annan, the Secretary General of the United Nations, requesting him to initiate efforts to form a World Government which alone can eliminate the danger of nuclear holocaust and also ensure coordinated efforts at conservation of ecology and environment on a global scale. The appeal also recalled what Jan Tinbergen, Nobel Laureate in Economics (1969) had observed, “Mankind’s problems can no longer be solved by national governments. What is needed today is a World Government and this can best be achieved by strengthening the United Nations System.”

In the appeal dated 1st September 1999 (see page 48) Mr Gandhi drew the attention of Dr Annan to Article 51(c) the Constitution of India, which says, “The State shall endeavour to foster respect for international law” but sadly today there is no international law which is applicable equally on all the countries and peoples of the world. A law that has no legal sanctity is not legally enforceable and does not carry a penalty for its violation cannot be termed a law at all. In this sense, today there is indeed no international law, in the absence of which there is total lawlessness as reflected in the increased instances of international terrorism and continued stockpiling of weapons of mass destruction by various countries of the world fearing for their security.

In his message dated 11 October 1999 (see page 48) Dr Kofi Annan wrote “People all over the world look to the United Nations to protection them—from hunger, disease, violence, and natural disasters—whenever the task seems too big for the nations, or regions, to handle alone. But we at the United Nations can do nothing alone, either. Our strength is the strength of our member states, when they agree to act together for the common good.”

Dr Annan also pointed out that in the year 2000 AD, leaders from all over the world would be coming to New York for the Millennium Summit scheduled to be held from 6th to 8th September 2000. Dr Annan wrote that these leaders would be considering the challenges ahead and what the UN could do to face them. He wrote, “Those leaders will be representing you, the peoples of the United Nations. It is up to you to make sure that they come here firmly resolved to take decisions which can lead to a better life for all of us, and for our children. I am counting on you all.”

As a prelude to the Millennium Summit, the United Nations organized a Millennium Assembly and a Millennium Forum. The Millennium Assembly was a meeting of the UN General Assembly explicitly devoted to discussing the challenges before the United Nations in the 21st Century. Its recommendations were to be a part of the Agenda for the Millennium Summit (Note: UN General Assembly’s agenda item 30 of the 53rd session dated 10th May 1999 (clause 8) supported the formation of a ‘New International Economic and Political Order’). The Millennium Forum was a meeting of civil societies and NGOs and its Declaration too was to be a part of the Agenda for the Millennium Summit. Mr Gandhi was also invited to present his views at the UN’s Millennium Forum.

Upon arriving in New York for the Millennium Forum held at the UN Headquarters from 22nd to 26th May 2000, Mr Gandhi, while attending a dinner for Indian participants at the Indian Permanent Mission, learned that the demand for the ‘New International Economic and Political Order’ had been deleted from the Agenda of the Millennium Summit at the behest of a veto power. Mr Gandhi then chose to participate in the Thematic Drafting Group VI on ‘Strengthening and Democratizing the United Nations and International Institutions’. There he proposed inclusion of the clause for establishment of a ‘New International Economic and Political Order’ in the Declaration of the Millennium Forum which was approved unanimously. The said Declaration was to form the agenda item of the UN’s Millennium Summit held from 6th to 8th September 2000 at UN Headquarters in New York.

Mr Gandhi then wrote appeals to each and every Head of State and Head of Government participating in the Millennium Summit, asking them to support the call for a ‘New International Economic and Political Order’ at the Millennium Summit, for the sake of world’s children and to protect their rights. He received letters of support from many world leaders including the Prime Ministers of India, Australia, New Zealand, the President of Slovakia, but at the Millennium Summit itself, no decision was taken by world leaders on the formation of a ‘New International Economic and Political Order’ that could lead to the elimination of the huge stockpile of nuclear weapons, ensure global peace and prosperity and ensure globally coordinated efforts for ecological and environmental conservation. At the Millennium Summit, all the world leaders emphasized on issues that mainly concerned their respective countries.
When the children’s appeal to safeguard their future against the threats from the ever-increasing nuclear stockpiles and the impending eco-catastrophe failed to elicit a positive response from the United Nations as well as from the political leadership, Mr Gandhi, as the self appointed custodian of the welfare of world’s children, born and yet unborn, was deeply disturbed and did not know what to do and whom to approach next. It was at this point that a national crisis erupted in India as an infamous forest brigand and sandalwood smuggler called Veerappan kidnapped one of the most popular film stars of South India — Rajkumar — and demanded that 51 of his accomplices who were in prison, be released in exchange for Rajkumar’s freedom. As the governments of the two concerned states, Karnataka and Tamil Nadu prepared to concede Veerappan’s demand, a retired officer of the Karnataka Police Force who had lost his only son in action against the bandit Veerappan, filed a public interest petition in the Supreme Court of India, pleading that the Court prevent the governments of Karnataka and Tamil Nadu from releasing the jailed accomplices of Veerappan in exchange for the film star. In an historic judgment the Supreme Court of India ordered both the governments not to release the imprisoned criminals. A few days later Rajkumar managed to get away from Veerappan’s custody and the crisis blew over. The incident highlighted the awesome stature and reputation of the judiciary, which has the power to force governments and politicians in power. It also enabled Mr Gandhi to see a new ray of hope in a united World Judiciary compelling governments to surrender a part of their sovereignty, particularly the right to wage war, in order to safeguard the rights of the children of the world, born and yet-to-be-born.

Mr Gandhi then discussed this issue with Hon’ble Mr Justice Syed Saghir Ahmed, former Judge of the Supreme Court of India who assured him of his support in the struggle to safeguard the children’s future. The Hon’ble Mr Justice Saghir Ahmed agreed with Mr Gandhi that under the provisions of Article 51 of the Constitution of India, the Government of India was obliged to strive for establishment of ‘enforceable International Law” which alone can safeguard the future of world’s children born and yet-to-born. Moreover, Hon’ble Mr Justice Ahmed also agreed to inaugurate a Conference on Article 51(c) of the Constitution of India, thus beginning a series of deliberations that were to have a far-reaching worldwide impact.

Mr Gandhi first convened a Roundtable Conference on Article 51 of the Constitution of India on 14th January 2001. Members of the legal fraternity in Lucknow and nearby cities turned up in strength for the Roundtable Conference to support the call for safeguarding the children’s rights. Then Mr Gandhi approached Hon’ble Mr Justice R.S. Pathak, former Chief Justice of India, former Judge, International Court of Justice, Member, Permanent Court of Arbitration (The Hague) and Hony. Member of the Bench, Gray’s Inn, London and discussed the issue of mobilizing the support of the world judiciary for the children’s cause. Mr Justice Pathak was sympathetic to Mr Gandhi’s efforts but his support became firmer when Mr Gandhi asked him if his judgments as the Judge of the International Court of Justice were honoured and implemented. Mr Justice Pathak had to admit that the judgments of the International Court of Justice were often ignored. This brought out the non-enforceability of present international laws and the urgent need for ‘Enforceable International Law’ which only a legally-constituted World Parliament can enact. Justice Pathak agreed to lead the campaign for mobilizing the support of the world judiciary in favour of children’s Right to a Safe Future, which only a world-governing body like the World Parliament can ensure.

Heartened by the support of Mr Justice Pathak, Mr Gandhi then convened a national-level Seminar on Article 51 of the Constitution of India on 25th February 2001, which was a resounding success. Here, speaker after speaker enthusiastically supported the children’s Right to a Safe Future and the need for a ‘New International Political and Economic Order’, that is more sensitive to the needs and interests of the children. The Seminar was inaugurated by Hon’ble Mr Justice R.S. Pathak and a host of eminent jurists participated, including Hon’ble Mr Justice Ranganath Misra, Former Chief Justice of India, Former Member, Permanent Court of Arbitration (The Hague) and Former Chairman, National Human Rights Commission, Hon’ble Mr Justice V. R. Krishna Iyer, Former Judge, Supreme Court of India and a number of sitting and former Hon’ble Judges from the Allahabad High Court.

The success of the national-level seminar and the encouragement and support extended by the legal fraternity inspired Mr Gandhi to convene the 1st International Conference on Article 51 of the Constitution of India which was held on 6th May 2001. The Conference was inaugurated by Hon’ble Mr Justice K.T. Thomas, Judge, Supreme Court of India and participants included the Chief Justice of Seychelles, a former Chief Justice of Pakistan, and judges representing their respective Chief Justices from the Supreme Courts of Sri Lanka, Philippines, Mauritius and Nepal besides judges from many other Indian Courts.

The support and encouragement from the international judicial fraternity to the 1st International Conference gave Mr Gandhi the confidence to strive harder for building support among the world judiciary to support the concept of world government in order to ensure a safe future and ecology for the children of the world, born and yet unborn. He conceived the idea of holding regular conferences of Chief Justices of the World with the objective of creating a platform where the Chief Justice of all the countries could come together regularly to discuss the children’s appeal and how to ensure protection of their human rights at the hands of national governments bent upon upholding their sovereign right to wage war. Mr Gandhi decided to appeal directly to Chief Justices of the World because the chief justice of a country is the head of its judicial wing and commands a comparative position vis-à-vis the head of the Executive or head of the Legislative wings.

Thus Mr Gandhi convened the 2nd International Conference of Chief Justices of the World on Article 51 of the Constitution of India on 23rd December 2001. The Conference was attended by a galaxy of legal luminaries including the Chief Justices of Mozambique, Tajikistan, Mauritius, Burundi and Macedonia; a former Chief Justice of Uganda; three former Chief Justices of Pakistan; Deputy Chief Justice of Zambia; a judge of the High Court of Australia and judge of the Supreme Court of Seychelles, while the Minister for Law from Tajikistan and the Secretary of Justice, Brazil also participated.

Then Mr Gandhi convened the 3rd International Conference of Chief Justices of the World from 6th to 8th December 2002. The conference was inaugurated by the chief guest H. E. Dr. Paul Kagame, President of Republic of Rwanda, while H.E. Sir Daniel Williams, Governor General of Grenada presided over the Plenary Session. The King of Bahrain sent H.E. Al Qahtani to represent His Highness at the Conference. The participants included a galaxy of legal luminaries besides the Chief Justices of Uganda, Mongolia, Macedonia, Serbia and Zimbabwe while the Chief Justices represented by their Judges included those of Lithuania, Mozambique, Tajikistan, Mauritius, Australia, Fiji Islands, Azerbaijan, Nepal, Sri Lanka, Seychelles, Bangladesh and Zambia among others. The Minister for Law from South Africa, an official of the Ministry of Justice of Ukraine and Law Ministers of Meghalaya and Pondicherry in India also participated along with eminent peace activists from USA, Iceland, Nepal and Sri Lanka. 

The 4th International Conference of Chief Justices of the World held from 12th to 14th December 2003 brought together Chief Justices and Judges representing their Chief Justices and peace promoters from over 40 countries of the World to the global Peace Table laid out on behalf of world’s children (and generations yet unborn). The participants agreed that if world peace is to be achieved and preserved, all countries and leaders must find the common denominator on which they can all agree and children constitute the most powerful common denominator in this regard. 

These four Conferences successfully brought out widespread support among the world judiciary in favour of the children’s appeal to safeguard their future, and their demand for ‘Enforceable International Law’ capable of ensuring a safe and healthy ecology for humanity’s future generations. 

Now the children’s peace table laid out at the 4th International Conference of Chief Justices of the World, that is being held from 10th to 12th December 2004, promises to be a unique opportunity to demonstrate support for the children's demand for enforceable international law for ensuring a safe future for world's children and generations yet-to-be-born.  

This series of conferences on Article 51 of the Constitution of India have added a new dimension to the theory and concept of International Law that has been recognised and supported by renowned legal luminaries and chief justices of many countries, and have greatly advanced the concept of ‘Enforceable International Law.’