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Why Article 51

An appeal by the students of CMS on behalf of the children of the world
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Enforceable International Law
The Last Hope for Humanity's Survival
Lucknow Declaration 2007
International Terrorism can be Curbed Only by International Law and Not by War
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A brief report on
8th International Conference of the Chief Justices of the World
on Article 51 of the Constitution of India
5th – 11th December, 2007

ORGANISED BY: THE CITY MONTESSORI SCHOOL (CMS), LUKNOW, INDIA

 

The International Conference of the Chief Justices of the World (World Judiciary Summit) organized by The City Montessori School (CMS), Lucknow, World Unity and Peace Education Department (WUPED) is an annual event which is attended by the Chief Justices, Judges, Ministers, Speakers and NGO’s from across the globe.  A new theme is always given to the participants of the Conference each year. However, the themes exclusively revolve around protection and recognition of children’s rights.

The main objective of the Conference is to promote the spirit of Article 51 of the Constitution of India which relates to International Peace and Security. The Article provides that the state shall endeavor to promote international peace and security, maintain just and honorable relations between nations, foster respect for international law and encourage settlement of international disputes by arbitration. The said Article 51 acts as bacon and provides motivation for making effort in pursuit of World Unity and World Peace, especially in the interest of children and future generations so as to provide them a safer future and healthy ecology.

The 8th International Conference of the Chief Justices of the World has attracted thirteen heads of the Judiciaries of the world, three Former Chief Justices and six Deputy Chief Justices as well as twenty four Judges representing their Judicial Heads, as also former Heads of states, Speakers, Ministers of Justice, Member of Parliament. All in all the Conference was said to have attracted over one hundred sixty two participants from fifty nine countries.

The theme of the 8th International Conference of the Chief Justices of the World was “To Empower the International Court of Justice to safeguard the future of two billion children of the world and generations yet-to-be born”

Wednesday, 5th December 2007

Most of the delegates of the 8th Conference (after arriving New Delhi in the early morning) were accommodated at hotel Ashok, New Delhi. At around 8:00 am they all proceeded to Agra by bus to see the Taj Mahal and other monuments. After enjoying a gala time at Taj Mahal, all participants returned back to New Delhi at night and stay at their hotel.

Thursday, 6th December 2007

After having lunch all participants visited Mahatma Gandhi’s Samadhi, at Rajghat, New Delhi to offer floral tributes to Mahatma Gandhi followed by Press Conference at Gandhi Darshan premises at Rajghat.
In the same evening all participants were accorded a warm welcome by Her Excellency Mrs. Pratibha Patil, the President of India, at Rastrapati Bhawan, New Delhi. Her Excellency also addressed the participants on this occasion and said-“I was very glad when I came to know about this conference that has been organized in India. I am sure whatever resolutions you might have passed or whatever is the outcome that is going to be very fruitful and is just going to provide guidance for the whole world.”

Friday, 7th December 2007

In the morning of 7th December all participants flew to Lucknow from New Delhi and were given a resounding welcome by the CMS students and staff members at Lucknow airport.The 2007 World Judiciary Summit was officially opened on the 7th December, 2007. The main events of the day were inauguration of the World Peace Gallery, Press Conference and welcome function in honour of the distinguished participants. The Conference was graced with colourful performances by the CMS students in the evening at the welcome function in honour of delegates of the 8th International Conference of Chief Justices of the World at World Unity Convention Centre premise of City Montessori School in Lucknow.

The welcome function was inaugurated by His Excellency Mr. Cassan Uteem, Former President of Mauritius and presided over by Hon’ble Dr Dinesh Sharma, Mayor of Lucknow. Hon’ble Mr. Justice P. N. Bhagwati, Former Chief Justice, Supreme Court of India, who was the Chief Guest of this occasion, was conferred the “Mahatma Gandhi Award for World Unity” by His Excellency Mr. Cassam Uteem. On this occasion Justice P N Bhagwati said that he had deep impression of Mahatma Gandhi and his dedication, struggle for freedom contribution in international conventions and struggle for human rights and aspirations of mankind. ‘I will to bring home a message of peace in the ultimate interest of fusion of human rights and fundamental freedom of man. I am deeply impressed by the way CMS have been conducting this conference year after year.’ Earlier Mr. Jagdish Gandhi, Convener of the Conference and Founder-Manager of the City Montessori School (CMS) introduced the Chief Guest to the participants and the audience.

The 8th International Conference of Chief Justices of the World had 5 sessions. All the sessions commenced with the presentation of Appeal by the CMS students representing the two billion children of the world. The students’ plea was directed at the Chief Justices of the world imploring them to empower the International Court of Justice to safeguard the future of all children against perils of the world.

Inaugural Session - Saturday morning, 8th December 2008

 Before commencement of the inaugural session, a world unity march was organized by CMS to commemorate the spirit of 8th International Conference of Chief Justices of the world and global symposium for awakening planetary consciousness. The teachers and students of CMS wearing colourful dresses representing various sections of society, judiciary various nationalities and world citizens, interspersed by bands and songs of unity and peace, marched the thorough fares and reached at the premises of the World Unity Convention Center of CMS, where they were received by Hon’ble K Venkatapathy, Minister of State for Law and Justice, Government of India, members of World Judiciary, who addressed them and blessed the students of CMS for their untiring efforts in promoting the cause of unity and peace. The Chief Guest at the inaugural session was Hon’ble Mr. K. Venkatapathy, Minister of State for Law & Justice, Government of India. Hon’ble Minister expressed his utmost happiness to witness the level of participation of World Judiciary in the conference, practically representing the entire world. He further said that time for a new international order with the establishment of world parliament and Enforceable international Law has come.

The inaugural session commenced with prayers followed by presentation of a special session on children of Model World Parliament by Student of CMS. After honouring of the participants Mr. Jagdish Gandhi explained the objectives of the conference and the about the efforts made by CMS for bringing about the efforts made by CMS for bringing about a new world order for safeguarding the rights of children  and future generations. This session was presided over by Hon’ble Mr Justice B.J. Odoki, Chief Justice of Uganda, and he concluded that Enforceable International Law is the only golden thread that can effectively bind together a new world order achieved through the creation of a democratic people’s world parliament, a representative world government, a world court with compulsory jurisdiction and a world citizenry, and simultaneously, the UN must be reformed for more effective global governance.

Hon’ble Mr. Justice J. S. Verma, Former Chief Justice, Supreme Court of India delivered the keynote address and said that children are the real guests here; that militancy and terrorism have no borders, hence it is of common interest to stop them. We need mechanisms effective to the force of the law! He also said that the International Criminal Court need to be empowered to cover the virgin field, if any, for enforcing accountability, whereas needed.

Later, the Key to the City of Lucknow was handed over by Dr Dinesh Sharma, Mayor of Lucknow City to Hon’ble Mr Justice Vivekanand Alleear, Chief Justice, Supreme Court of Seychelles, who gratefully acknowledged.

It was distinctly significant as it was in this session when Hon’ble Mr Justice J. S. Verma, Former Chief Justice, Supreme Court of India, presented ‘Lucknow Peace Award’ to Hon’ble Chief Justice M.L. Lehohla of Lesotho and ‘Peace Visionary Award’ to Hon’ble Mr Justice Vincent A.De Gaetano, Chief Justice of Courts of Justice, Malta. A video message presentation of Hon’ble Mrs Maud de Boer-Buquicchio, Deputy Secretary General of Council of Europe for the world judiciary summit 2007 was shown on screen to the participants.

First Plenary Session - Saturday afternoon, 8th December 2008

The first plenary session started after lunch. H.E. Sir James R Mancham, Founding President of Seychelles was the Chief Guest and he appealed to the Indian government to play a proactive role in solving problems of some of the smaller countries and their people. Opening Address was delivered by Hon'ble Mr Justice A.P. Mishra, Former Judge of the Supreme Court of India and Chairman of the Preparatory Committee of the Conference said that world is unity and we have to mould to ourselves like the parts of the body to sustain life. Step by step approach for government is a must and CMS is doing a great job in this regards.

Hon’ble Mr Justice P S Shivute, Chief Justice of Namibia delivered the keynote address and agreed that the 1989 Convention on the Rights of the Child is not enough, even though at the last count in 2004, 192 countries had ratified it. He further endorsed, as with all present, the need for an effective judiciary at the world level.

Hon'ble Mr Justice Bahauddin Baha, Acting Chief Justice and Head of Criminal Division of Supreme Court of Afghanistan said that Afghanistan is especially concerned about global environmental degradation. International terrorism is a serious problem and cooperation of all nations will defeat terrorism and other problems faced by the world.

Hon'ble Mr Justice Y.K.J. Yeung Sik Yuen, Chief Justice of Mauritius, focusing especially on the threat of nuclear destruction, said bilateral arguments were simply not enough.

Hon'ble Ms Justice Maria Karamanof, Councilor of State (PhD-UPL), Chamber for environment and sustainability of Greece, focused on how the national judiciary can in fact play a role in the consolidation of International Law. Talking about both top-down and bottom-up processes as necessary, she says that in this too, the national judiciaries will have a catalytic impact. The World Judiciary Summit should be recognised as a real breakthrough in law development.

Other speakers of the session were as follows Hon'ble Mr Justice Cheick Dimkinsedo Quedraogo, Premier President de la cour de cassation of Burkinafaso said that international community should take joint action to safe guard the future of the children and work for their well being. Child labour must be stopped all together, world body can play important role in safe guarding the future of the children. Children right must be respected and states who do not protect the right of the children must be punished.

Hon'ble Mr Justice Augustino S. L. Ramadhani, Chief Justice, Supreme Court of Tanzania said that economic, cultural and social rights of the children are to be protected and these must be ensured by International Court of Justice as per the UN charter.

Hon'ble Mr Justice J.B. Kalaile, Acting Chief Justice of Malawi emphasized that Chief Justices have great responsibility to protect our children. Judiciary must support the International court of Justice to upholds the rights of the children

Second Plenary Session - Sunday morning, 9th December 2007

Hon’ble Mr Justice R. C Lahoti, Former Chief Justice of India, inaugurated this session as the Chief Guest and said we must value fundamental rights

Hon’ble Mr Justice Vincent A.DeGaetano, Chief Justice, Courts of Justice of Malta delivered the keynote address and said: “Courts and judges should be at the forefront of these efforts.” Schools have a BIG role, quoting a 16th century Jesuit Priest and educator Juan de Bonifacio, “The education of youth is the renewal of the world.”

Hon’ble Dr Justice Adel Omer Sherif, Deputy Chief Justice, the Supreme Constitutional Court of Egypt presided over said though many conventions and mechanisms existed, there is a need to employ judicial activism and the power of the judicial review to interpret international instruments in a manner that recognizes their status and gives them full effect.

At this session, Hon’ble Mr Justice R. C Lahoti, Former Chief Justice of India, presented the “Mahatma Gandhi Award for Rights” of the Child to Mr. Justice P. S. Shivute, Chief Justice, Supreme Court of Namibia.

Hon'ble Mr Justice M.A. Cheda, Judge of Appeal, Supreme Court of Zimbabwe made a passionate appeal that “all possible channels should continue to be pursued, until our goals are achieved.”

Other speakers of the session were Hon'ble Mr Justice Vishnu Sahai, Former Judge of Allahabad High Court, India, Hon'ble Mr Justice Dr. Jaime Ampuero Garcia, Vice-President, Supreme Court of Bolivia, Hon'ble Mr Justice Adil Ahmed Abdullahi, Vice President, Federal High Court     of Ethiopia, Hon'ble Mr Justice W.A. Atuguba, Judge of Supreme Court of Ghana, Hon'ble Ms Justice Tashi Chhozom, Judge, Thimphu District Court of Bhutan, Hon'ble Mr Justice  Kurmanbek Abdudsaidjon Gafurov, Judge, Supreme Court of Kyrgyz Republic, Hon'ble Dr (Ms) Mary Michael Nagu, Minister of Justice, Tanzania, Hon'ble Ms Justice Tungalag Chuluum, Judge of the Chamber for Administrative cases of the Supreme Court of Mongolia, Hon'ble Mr Ashok Nigam, Additional Solicitor General of India, and Chairman of Advisory Committee of the Conference and Hon’ble Mr R K Mittal, Principal Secretary, Govt. of  U.P., India, Hon’ble Mr Sukhdev Rajbhar, Speaker U. P. Legislative Assembly was special Guest at this session, who supported the appeal of children.
           
Third plenary session - Sunday afternoon, 9th December 2007

This session was inaugurated by His Excellency Mr Cassam Uteem, Former President, Republic of Mauritius as Chief Guest and was preside over by Hon’ble Mr Justice Ade Renner-Thomas, Chief Justice, Supreme Court of Sierra Leone.

In his presidential address Justice Thomas said we should stop all kind of exploitation of the children and protect their rights. All our efforts be made to stop stockpiling of nuclear weapons and find mechanism to resolve all the problems by peaceful means.

Hon’ble Mr Justice Shanti Bhushan, Former Law Minister of India, in his keynote address said CMS is a great institution and some day its efforts will be successful. The state and the heads of Governments should put their heads to find out the solution to each problem through non-violence means.

Hon’ble Madam Justice Joyce Alouch of Kenya gave a detailed overview of the history of the International Court of Justice and how the ICJ can be empowered to better address the future of the world’s children. She said though ordinarily the court’s advisory opinions have no binding effect, they nevertheless carry great legal weight and moral authority. If when the courts will stipulate beforehand that courts advisory opinions will have a binding effect, the protection of children will be guaranteed.

Other speakers of the session were Hon'ble Mr Justice Kamleshwar Nath, Former Judge of the High Court, Allahabad, India, Hon'ble Ms Justice Clotilda Medegan Nougbode, President Haute Cour de Justice, Benin, Hon'ble Mr Justice Alfonso Chaves Remirez, Vice President, Supreme, Court of Costa Rica, Hon’ble Mr Justice D.P. Singh, Judge, High Court, Lucknow Bench, India, Hon'ble Mr Justice  Somboune Sonthikoummane, Vice President of People’s Supreme Court of Lao PDR, Hon'ble Mr. Justice Levan Tornike Murusidze, Judge Supreme Court of Georgia, Hon'ble Mr. Justice Ivars Bickovics, Judge Supreme Court of Latvia, Hon'ble Mr Justice Pawan Kumar Ojha, Judge, Supreme Court of Nepal, Hon'ble Mr Finn Tschmdi, Professor, University of Oslo, Norway, Hon'ble Mr Justice N. E. Dissanayake, Senior Judge, Supreme Court of Sri Lanka, Hon'ble Mr Justice Devendra Pathik, Judge, High Court of Fiji Islands, Hon'ble Mr Justice Zakeria Mohammed Yacoob, Judge, Constitutional Court of South Africa, Hon'ble Mr Justice M. Raymond Sayeman Bula Bula, Former Judge, International Court of Justice, and Member Permanent Court of Arbitration, Democratic Republic of Congo

Fourth Plenary Session - Monday morning, 10th December 2007

This session was inaugurated by the Chief Guest Hon’ble Mr Justice M L Lehohla, Chief Justice of the Lesotho. He reminded about the legacy of the Mahatma Gandhi, a great Indian leader who through non-violence and peaceful movement won freedom and independence for India.

Hon’ble Ms Justice Joan A Sawyer- DBE, President of the Appeal Court of Bahamas in her presidential address told the children that they should become “Total Quality Persons. To be trained to be so, have the power to transform, to use it creatively! Be persistent. Don’t give up. Change is inevitable just like the washing away of the water, makes smooth a stone.

The Keynote address was delivered by the Hon’ble Mr Justice Vivekanand Alleear, Chief Justice of Supreme Court of Seychelles. He stressed that there is a need to get down to the details! There was a lingering sense of urgency in his appeal.

Hon'ble Ms Justice Romba Nee Yaneko Ruth, Judge Supreme Court of Tchad, related a tragic incidence in the abduction of 103 Tchad children and said that Tchad wants to further strengthen the role of the ICJ.

Hon'ble Mr Justice Giyoev Saifullo Nematovich, Deputy Chairman of Supreme Court of Tajikistan emphasized how every child has the right to protection and the time had come for the creation of a single legal space to handle these issues.

Hon'ble Mr. Justice A. S. Qureshi, Former Judge of Gujarat High Court, India said that there is the Spark of Divinity in each one of us. He said United Nations had become Divided Notions, a reminder that unity begins at the level of the heart. Loving humanity is loving God. Perhaps what he is telling us is, we need to go back to God, increase spirituality to enable permanent and definite change.

Hon'ble Mr. Mike Masutha, Member of Parliament, South Africa said that the children must, at last, play in the open veld, no longer tortured by the pangs of hunger or ravaged by disease or threatened with the scourge of ignorance, molestation and abuse, and no longer required to engage in deeds whose gravity exceeds the demands of their tender years.”

Hon'ble Ms. Ginette Hounsa Afanwoubo, Advisor to Judicial Chamber of Supreme Court of Benin endorsed City Montessori Schools’ mission by saying that what it was doing was the need of the hour!

The others speakers of the session were Hon'ble Mr. Justice Mohammad Omar Babrakzai, Member of Supreme Court &Head of Civil Division of Afghanistan, Hon'ble Ms Ntlhoi Motsamai, Speaker of the National Assembly of the  , Kingdom of Lesotho, Hon'ble Ms. Justice Qinisile M. Mabuza, Judge, High Court of Swaziland, Hon’ble Mr. Rob Wheeler, Chairperson, International Steering Committee, WMGD, USA, Hon'ble Mr Sesto Giovanni Castagnoli, President, WSF World Spirit Forum, Switzerland, Hon'ble Mr Benton Musslewhite, President, One World Now, USA, , Her Holiness Sai Maa Lakshmi Devi, Humanity In Unity, USA, Hon’ble Mr. Arthur Kanegis, President, One Films, LLC, USA.

Closing Session – Monday Afternoon – 10th December, 2007

The closing session was in the form of an ‘Interactive session’ in which Mr. Ratan Chandra Gupta, General Secretary of CMS and the Conference briefly presented various issues confronting the World, Hon’ble Mr. Justice Vincent A DeGaetano Chief Justice of Malta initiated the discussion after deliberations by the Chief Justices and judges present in the Conference draft of a Resolution was put up which was discussed and adopted with minor amendments. The Resolution as adopted; was titled as the Lucknow Declaration 2007 which is as follows:

Lucknow Declaration 2007

We, the Judges assembled at the 8th International Conference of Chief Justices of the World held at Lucknow, India from the 8th to the 10th December 2007, having considered the appeal by the 32, 000 children of City Montessori School – on their own behalf and on behalf of the world’s children – for a safe and protected environment and a peaceful world governed by enforceable international law:

Reaffirm our support to the call of the students of City Montessori School, Lucknow, to empower the International Court of Justice and to strengthen the authority, prestige, and power of the United Nations in order to make both institutions more effective instruments for preventing war, resolving international disputes, countering terrorism, ensuring total nuclear disarmament, conserving and protecting the environment and furthering peace and harmony;

Affirm our belief that the resources currently used in wars and in the manufacture and maintenance of weapons of mass destruction should be redirected for the purpose of eliminating poverty, conserving the environment and advancing the welfare of mankind in general and of children in particular;

Declare that peace education should be given priority in educational curricula and that every effort must be made to increase the level of awareness and information about international law and about fundamental human rights, human values and economic and social rights in the training of lawyers and judges as well as at every level of education;
Undertake to take effective action whenever the occasion arises to protect and promote the best interests of children, giving full effect to all applicable principles of domestic and international law;

to promote, as and whenever the occasion arises, respect for the dignity of the person, which is the basis of all fundamental human rights and freedoms; and
to promote true respect for all religions;

Request the Convener of the Conference and Founder-Manager of City Montessori School and General Secretary of City Montessori School and General Secretary of the 8th International Conference of Chief Justices of the World to transmit this Declaration to the Secretary General of the United Nations Organization for its consideration, with a request that it be forwarded to all members of the said Organization, and to send copies of this Declaration to all Heads of Governments for consideration and implementation by the authorities concerned, with a request for the favour of their comments or reply in anticipation of the 9th International Conference of Chief Justices of the World proposed to be held by the end of  the year 2008.

After the Lucknow Declaration 2007 was adopted and signed by the Chief Justices and Judges, vote of thanks was given by Mr Jagdish Gandhi, Founder-Manager of City Montessori School (CMS) Lucknow and Convener of the Conference