... APPEAL TO THE UNITED NATIONS
It was in this background that CMS students collected nearly
one hundred thousand signatures in the year 1999, on an appeal
to Dr Kofi A. Annan, Secretary General of the United Nations,
requesting him to initiate efforts to form World Government
which alone can eliminate the danger of nuclear holocaust
and also ensure conservation of ecology and environment on
a global scale. This can best be achieved by strengthening
the United Nations System as said by Jan Tinbergen, Noble
Laureate in Economics who had observed “Mankind’s
problems can no longer be solved by national governments.
What is needed is a World Government.” The appeal also
drew the attention of Dr. Annan to the provisions of Article
51 of the Constitution of India, which also says that “The
State shall endeavour to...foster respect for international
law” but today there is no international law which may be
uniformly applicable to all the countries and peoples of the
world.
RESPONSE OF THE UNITED NATIONS
In his message dated on 11 October 1999, UN Secretary-General
Dr Kofi A. Annan wrote to CMS Manager Mr Jagdish Gandhi, “People
all over the world look to the United Nations to protect 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 attend
the Millennium Summit in New York (from 6th to 8th September
2000). Dr Annan wrote that these leaders would consider the
challenges ahead and what the UN can do to face them. He also
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.”
Conveying his good wishes to CMS, he further stated that “I
am counting on you all.”
As a prelude to the Millennium Summit, the United Nations
organised 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.
APPEAL TO WORLD LEADERS
Upon arriving in New York for the Millennium Forum of NGO's
and Civil Societies 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 formed 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 letters, on behalf of CMS students,
to all the Heads of States and Heads of Governments participating
in the Millennium Summit, asking them to provide to the children
of the world born and yet-to-be-born their ‘Right to
a Safe Future' by supporting the call for a 'New International
Economic and Political Order' at the Millennium Summit. A
copy of one such letter written to all the Heads of State
and Heads of Government and addressed to Hon’ble Mr
Anthony Blair, Prime Minister of England, is being printed
herewith. CMS received letters of support from several world
leaders including the Prime Minister of India, the Government
of Australia, and the President of Slovakia among others,
copies of which are also printed herewith. However, at the Millennium
Summit itself, no decision was taken on the formation of a
'New International Economic and Political Order' which could
lead to elimination of the huge stockpile of nuclear armaments,
ensure global peace and prosperity and ensure globally coordinated
ecological and environmental conservation. At the Millennium
Summit, all the world leaders emphasized on lesser important
issues. The gist of such speeches is
given here under:
1 US President Bill Clinton:
The need to further strengthen the UN in the face of challenges
of the new century was stressed by President Clinton, who,
as leader of the host country, was the first speaker to address
the Summit. He cited two examples where, had the UN not been
engaged, the situation would have been far worse: in East
Timor and Sierra Leone, where ‘countless children now
living would be dead’. In both cases, however, ‘the
UN did not have the tools to finish the job’, he said,
calling on the assembled world leaders to provide those tools
(necessary finances) while supporting conflict prevention.
The US President acknowledged that “all these things
come with a price tag” (require money) and “all
nations, including the United States, must pay it”.
He emphasized that prices must be fairly apportioned and the
UN structure of finances must be fairly reformed so that the
Organization can do its job. “Those in my country or
elsewhere, who believe we can do without the UN or impose
our will upon it, misread the future,” he added.
2 Russian President, Vladimir
V. Putin: Focusing on disarmament, he said
that states should “reliably block the ways for spreading
nuclear weapons”. Plans for militarization of outer
space (by USA) were particularly alarming, he said. Russia
proposed an international conference to prevent such a development
to be held in the spring of 2001 under the umbrella of the
UN.
3 President of China, Jiang
Zemin: Similar concerns were highlighted by
President Zemin of China who said that the right of the people
of all countries to independently choose their social system
and development path must be fully respected.
4 Prime Minister of UK,
Anthony
Blair: He said: “We need UN forces composed
of units appropriate for more robust peacekeeping that can
be inserted quickly, rather than whatever the Secretary-General’s
staff has been able to gather from reluctant Member States.”
He called for a “new contract between the UN and its
Members”.
5 President of France, Jaques
Chirac: He stressed that Member States must
provide the needed resources, support the reforms undertaken
by Secretary-General Kofi Annan and modernize the methods
of the General Assembly. He also called for enlarging both
categories of membership of the Security Council.
6 German Chancellor, Gerhard
Schroeder: He noted the importance of streamlining
the work of the General Assembly and argued that it should
concentrate on a few areas to reduce its annual agenda.
7 Prime Minister of Australia,
John Howard: He endorsed calls to expand permanent
and non-permanent membership in line with today’s realities,
called for a better geographical spread, and supported in
particular permanent membership for Japan.
The School’s effort in this regard failed to bring about
results in as much as the world leaders who attended the Millennium
Summit in New York from 6th to 8th September, 2000, did not
consider the children’s appeal for a ‘New International
Economic and Political Order’ even though a similar
call was approved by the UN’s General Millennium Assembly
(General Assembly’s agenda item 30 of the 53rd session
dated 10th May 1999, clause 8) and also recommended by the
Millennium Forum of NGOs and civil societies held at the UN
Headquarters from 22nd to 26th May, 2000, for inclusion in
the Agenda of the Millennium Summit, held at the UN Head Quarters
and in which Mr Jagdish Gandhi also participated and was the
one who was instrumental in getting the children’s demand
for the formation of a new economic and political order of
the world got included in the Declaration of the NGO’s
Millennium Forum of the United Nations.
APPEAL TO WORLD JUDICIARY
When the children’s heart-rending appeal to safeguard
their future against mortal threats from the ever increasing
nuclear stockpile and eco-mismanagement failed to elicit a
positive response or any concrete action 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-to-be-born, was deeply disturbed and didn’t
know whom to approach next. Then a national crisis erupted
in India as an infamous forest brigand called Veerappan kidnapped
Rajkumar, one of the most popular film stars of South India,
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 who had lost his only son
in action against the bandit Veerappan, filed a public interest
petition in the Supreme Court pleading that the Court prevent
the governments of Karnataka and Tamil Nadu from releasing
the jailed accomplices of Veerappan in exchange for Rajkumar.
In a historic judgement the Supreme Court of India ordered
both the governments not to release the jailed 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
is potent enough to influence the politicians in power, specially
when the public opinion is behind them. 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 children of the world, born and yet-to-be-born.
Roundtable Conference on Article
51 of the Constitution of India held on 14th January 2001
Mr Gandhi then discussed the children’s 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 fight for children’s rights. As a result Mr Gandhi
convened a Roundtable Conference on Article 51 of the Constitution
of India on 14th January 2001. Members of the legal fraternity
turned up in strength for the Roundtable Conference to support
the call for safeguarding the children’s rights. The
Roundtable Conference was inaugurated by Hon’ble Mr
Justice Syed Saghir Ahmad and other notable participants included
Hon’ble Mr Justice U.C. Srivastava, former Senior Judge,
Allahabad High Court (Lucknow Bench) and Hon’ble Mr
K.S. Rakhra, District and Sessions Judge, Lucknow.
Mr Gandhi then 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 mobilising the support of the world
judiciary for the children’s cause. Justice Pathak was
sympathetic to Mr Gandhi’s efforts but his support became
firmer when Mr Gandhi asked him if his judgements as the Judge
of the International Court of Justice were honoured and implemented.
Justice Pathak had to admit that the judgements 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 Laws’ which
only a legally constituted World Parliament can enact. Justice
Pathak agreed to lead, as patron, the campaign for enlisting
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.
National Seminar on Article
51 of the Constitution of India held on 25th February 2001
Heartened by the support of 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’,
one which is more sensitive to the needs and interests of
the children. The Seminar was inaugurated by Hon’ble
Mr Justice R. S. Pathak while many other eminent jurists
also participated.
1st International Conference
on Article 51 of the Constitution of India
The success of the national level seminar and the encouragement
and support extended by the legal fraternity inspired Mr Jagdish
Gandhi to convene the 1st International Conference on Article
51 of the Constitution of India which was held on 6th May2001.
The Conference was inaugurated by Hon’ble Mr Justice
K. T. Thomas, Judge, Supreme Court of India and many other
eminent judges and legal luminaries also participated.
2nd International Conference
of Chief Justices of the World on Article 51 of the Constitution
of India
The heartening response from the international judicial fraternity
to the 1st International Conference on Article 51 of the Constitution
of India reassured all about the support for the children’s
cause among the world judiciary. The point was, how to translate
this support into a movement for compelling sovereignties
to give up their right to wage war for the sake of the children’s
future. Since the Chief Justice of a State is the head of
its Judicial wing and commands a respectable position vis-a-vis
the head of its Executive wing or the Legislative wing, it
was therefore decided to appeal directly to Chief Justices
of the World. 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. Inaugurated
by the Patron 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, the
Conference was attended by a galaxy of legal luminaries.
3rd International Conference
of Chief Justices of the World on Article 51(c) of the Constitution
of India
The 3rd International Conference of Chief Justices of the
World on Article 51(c) of the Constitution of India was held
from 6th to 8th December 2002. This conference was inaugurated
by H.E. Dr Paul Kagame, President of the Republic of Rwanda,
H.E. Sir Daniel Charles Williams, GCMG, QC, the Governor General
of Grenada (West Indies) was the Chief Guest. Hon'ble Mr Justice
Shivaraj V. Patil, Judge, Supreme Court of India presided
over the conference. Hon'ble Mr Shanti Bhushan, former Law
Minister of India, delivered the key note address. A number
of Chief Justices and judges of Supreme Court of various
countries participated and addressed the conference.
Therefore, the 3rd International Conference of Chief Justices
of the World was held with the aim of providing a platform
to the Hon’ble Chief Justices of the World, where they
can come and discuss the appeal on behalf of world’s
children requesting the World Judiciary to safeguard their
future by supporting the children’s call for a legally-constituted
World Parliament. Only the support of the highly respected
World Judiciary can create a favourable climate for the formation
of a duly-constituted law-making body for enacting International
laws— a World Parliament and also a World Government
and a World Judiciary.
Now that the children have approached the World Judiciary,
with the hope that the Judiciary shall either give justice
to the children or at least advice whom should they be approaching
instead.
World’s political leadership has proved itself to be
either incapable or unwilling to accede to the children’s
demand for a safe future. Now if world’s judicial fraternity
also takes a similar ambivalent view, not only the future
of humanity but the very survival of life on our planet will
be gravely endangered.
Perhaps the choice before all who inhabit this earth, is whether
the unification of humankind will happen after unimaginable
horrors precipitated by humanity’s stubborn clinging
to old patterns of behaviour, or is to be embraced now by
an act of consultative will.
The children’s last hope rests with the World Judiciary,
for, Judges are the only ones who are trusted and respected
by all, the masses as well as the classes. As the conscience
keepers of mankind and as the custodians of the welfare of
humanity’s silent masses, it is for the World Judiciary
to come out and deliver a public judgement on the urgent issue
of global governance. The voice of a united World Judiciary
cannot be ignored and shall have to be heard and obeyed by
all. The Judges of the World must unite for the sake of humanity’s
survival, for the sake of world’s two billion children
and for the sake of Justice for all and for the sake of a
New World Order that is more just, democratic and egalitarian
and that is fully capable of safeguarding the rights of the
world’s children, born and yet-to-be-born.
In this conference appeal was presented by 26,000 students
of City Montessori School on behalf of World's two billion
children to the world judiciary praying for providing them
a safe future and save the world from a nuclear catastrophe
and environmental degradation and to create conditions in
which they may live without fear of terrorism, conflicts,
lawlessness and war. The appeal though addressed to world
judiciary is also meant for prominent leaders, politicians
and all those who are in power and are capable to change the
course of world affairs. Children look expectantly to World
Judiciary to consider their appeal anddeliver their judgement
directing the world leaders to provide safe future to them
as also to the children yet-to-be-born. They also expect world
judiciary to take such steps as may create conditions for
enactment of enforceable international law which may be binding
on all peoples and nations of the world to combat the problems
of lawlessness in the world, terrorism, conflicts, war, exploitation,
child abuse, environmental degradation etc and may ensure
love, brotherhood and unity of mankind. The very survival
of humanity is in peril.
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