Call for UN reform EN_07.02.2011

“The Security Council may investigate any dispute or any situation which might lead to international friction or give rise to a dispute in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security”.

Article 34 of the Charter of the United Nations

“The Security Council decides whether the threat to the peace, breach of, or was no act of aggression and shall make recommendations or decide what measures in accordance with the provisions of Articles 41 and 42, to maintain international peace and security or restore”.

Article 39 of the Charter of the United Nations

Statement

A clear message was sent to the Syrian people: The international community is against you and against the international justice that you are aspiring for, which is nothing but an illusion. The regime in power in Damascus is imposed upon you whether you want it or not. And the International community is accomplice, and what is going on in the security council is nothing but a comic play, where the roles have been distributed between those who give sweet talk and others who rather play the dirty role. The Syrian regime has used the few hours remaining before the security council’s meeting yesterday morning to launch a genocide campaign using heavy artillery and tanks targeting in a collective manner residential areas in the city of Homs resulting in 300 victims and around a thousand injured…please see:
 http://www.youtube.com/watch?v=A2bD-P8WqGc&feature=youtu.be

These events have coincided with the memory of the Hama massacre committed in 1982 by Hafez Assad (the father) and which according to most estimations had caused more than forty thousand victims.
In the next day, after China and Russia had used their veto against the project resolution presented by the Arab League and supported by the majority of the Security Council members, the Syrian regime had the way paved for its military machine to commit the largest possible number of genocide crimes against civilians. Arbitrary shelling has continued with more than 73 victims falling in the city of Homs only, in addition to more than 10 victims in Zabadani city, and more than seventy injured. Besides collective punishments, intimidations, killings and arrests in many Syrian cities. The war machine continues to claim more lives of innocent people in most areas.

In the light of this international reality:

The Syrian Organisation for Human Rights “Swasiah” calls upon all peoples, freemen and men of conscience wherever they may be to call for an international alliance of organisations, civil society and others aiming at pressuring their governments into demanding for a conference of UN member countries in order to revise the UN charter, after defining the place and at the earliest possible date by the UN General Assembly with the two thirds majority under article 199 of the charter, to amend article 27 related to voting. This article that has become disgusting to everyone. The amendment concerns the removal of the term “concurring” from the 3rd bullet point of the above mentioned article. Since this word has became an obstacle facing the realisation of the United Nations to its objectives.

Article 27 of the UN charter sates that:
“Each member of the Security Council shall have one vote.
Decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members.
Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting”

The Syrian Human Rights Organisation Swasiah:

Firstly: This discriminative condition which is contrary to the International legitimacy as well as to the universality of Human Rights allowed the 5 permanent members the right to this exception sixty seven years ago for reasons and justifications that had existed at that time. Whereas today this discriminatory condition has become a threat to the international peace and security, undermining confidence in this international mechanism, whose credibility has become in doubt.

After the Second World War those who won had written for themselves and in their own way the international legitimacy and justice distinguishing themselves with arrogance and authority through the text of article 23 witch states that:

“The Security Council shall consist of fifteen Members of the United Nations. The Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America shall be permanent members of the Security Council. The General Assembly shall elect ten other Members of the United Nations to be non-permanent members of the Security Council, due regard being specially paid, in the first instance to the contribution of Members of the United Nations to the maintenance of international peace and security and to the other purposes of the Organization, and also to equitable geographical distribution”.

What international peace and security, when the four permanent members belong to the rich countries of the north “Europe and the USA” and to the white race specifically, while entire continents and the grand majority of people are deprived of representation in the council, and if it wasn’t out of shame, China would have never been brought next to what was then the USSR, in an attempt to fill the moral gape through which wind continues to whistle despite the presence of the ten elected members, and as long as this discriminating condition (bullet point 3 of article 27) which gives the rights to any of the permanent members to take down any decision they don’t like. In-spite of all this, it was still possible at that time to justify this discrimination in the favour of the 5 countries by the cold and bipolar war, and the threat of third world war, an atomic war, that will leave nothing behind.

Because of that, the condition of a pre agreement between what was known at that time by the two poles “capitalist” and “communist” or the Americans and the Soviets on any international resolution that aims at fulfilling the objectives of the international organisation of international peace and security keeping, as well as achievement of sustainable development as a safety valve because of their extreme political and ideological differences which could not be resolved.

Now, 67 years after the adoption of the UN charter, times have changed and illusions also. After the dissolution of the former Soviet Union, the former USSR countries including Russia (currently in a stage of political Mafia) are moving towards market economy, consequently the bipolar era which within the security council used to put the USA, France and the UK in one side of the balance and China and the Soviet Union in the other side is over and will never come back. Consequently, the reason for which this exceptional situation initially based on discrimination and to which the world is surrendering as well as to tyranny based on de facto policy.

Secondly: reference to article 23 naming the permanent member countries as being The Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America
 This text can’t be used, distorted or interpreted by the permanent members or other countries since the text has specified the permanent members which don’t include Russia
In case some of the permanent members wish to transfer the permanent seat of what used to be the USSR to Russia they must amend the text in accordance with article 199 of the chart through holding a general conformance of the UN member countries after the place and earliest date have been selected by the General Assembly with a two thirds majority, as what happened when the General Assembly had adopted on the 17th of December 1965 the amendments to articles 23,27 and 61 of the charter. The General Assembly had also adopted amendments to article 109 on the 31st of August 1965 which entered in force on the 12th of June 1968

Thirdly: No entity resulting from the former Soviet Union “Russia” can alone have the legacy of its permanent seat in the Security Council without amendment to article 23 of the charter which defines the permanent members. The article must be amended according to the procedure defined in article 199. Otherwise, we are facing a case of international bullying act through which an exception that existed for a reason that is now over is being taken in an illegitimate manner. Surrender to this act and dealing with it according to de facto policies is a violation to legitimacy and to law. It deviates the international legitimacy and the UN as a whole from the goals to which it was set for and turned it into rogue states that establish discriminatory and greedy conditions at the expense of people and their right to dignified and decent life

Fourthly: the legation of the discriminative exception “veto” in article 27 of the charter to Russia which is currently in a stage of “political Mafia” on its way to a market economy turns exception into a good that can be obtained as any other property through legacy, selling renting or other.

Fifthly: the word “concurring” in bullet point 3 article 27 of the charter has become on the ground a refractive condition that prevents the UN from achieving the objectives that it was set for. This clear and undeniable reality of which the application has been demonstrated several times under the eyes and ears of the entire world and the most recent example was the vote undertaken on the 4th February 2012.

If the word “” is to be kept beyond the reason of its existence the UN shall become a slave market to dedicate slave-hood and the political rotten will overtake its paths and the back door under the form of suspicious deals and undeclared agreements will become the base. And the? People will the ones to pay the price as is the case of the Syrian people and its cheap blood.

we are confident that if there had been among the thousands of Syrians who are tortured and killed each day one victim of precious blood, the whole world would have risen. It is the UN with its current composition that has divided people into masters and slaves and allowed for some to control the life of others so as to keep them in ignorance and underdevelopment submitted to the worst form of tyranny.

Sixthly: In such context what will be left to the objectives declared by the UN in its preamble which states that:

1945 – WE THE PEOPLES OF THE UNITED NATIONS DETERMINED
To save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and
• to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and
• to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and
• to promote social progress and better standards of life in larger freedom,

What is then left for under the current voting mechanism in the Security Council for the dignity and worth of the human person? and what is left for justice and respect of international legitimacy or for the promotion of social progress and better standards of life in larger freedom mentioned in the charter?

What is happening today thanks to the above mentioned word concurring is covering injustice, oppression, genocide crimes shelling of civilians and imposing tyrannical regimes upon? People under the umbrella of international legitimacy. This ignores the objectives of the UN and deviates it from the aims that it was created for turning it into a tool to take away fundamental human rights as well as to anchor racism and discrimination through defence of privileges of the ruling class

Seventhly: The current chart is in contradiction with international covenants and conventions of human rights and in particular the universal declaration and other conventions that have affirmed the rights to life and the prohibition of torture and human degrading punishments as well as the equal protection and the right to justice and arbitrary intervention in life

If the above mentioned articles in the chart are not amended it will remain a reason for suspicion and a home for injustice and deterioration of life conditions in a general climate of oppression and disappointment and closed horizons which provoke from time to time instability here and there.

Otherwise, any outlaw gang can take over the power in any country by force and bloodshed from one side? Buying the integrity and conscience of any of the permanent member of the Security Council especially with the presence of permanent members allowed to wreak havoc under current transitions towards market economy where everything can be sold, bought and negotiated including consciousness.

Eighthly: The expression “concurring” mentioned earlier and that we demand to remove, and which troubles all of what comes later in the charter. Since the charter has set specific criteria to deal with threats to international peace and security or with aggression. and article 34 gives The Security Council the right to decide whether the threat to the peace, breach of, or was no act of aggression. The council has the right to decide if the persistence of a conflict or a situation can endanger international peace and security according to article 7 of the charter.

All this becomes just a piece of paper with the presence of a permanent member that holds this advantage and control with it creating opening for outlaws to mess as they want with international peace and security

For all the above mentioned reasons and given that the world changes permanently and that humanity gains evolve in a cumulative manner, as well as taking into account the fact that the last amendment to the charter took place more than half a century ago and the last scandal that took place with the last vote (as recognised by several members of the security council including permanent members).

Due to the presence of permanent members who support tyranny and dictatorship and defend mass killing and don’t dread lying same as tyrants themselves. since the current UN charter is absolutely unable to represent any moral legal or political base that can be referred to in order to resolve conflicts or to keep international peace and security while its decision making mechanism is based policy and rights obtained through hegemony with no bases of justice, law or equality and based on a de facto unilateral approach

Things that have stigmatised the international community as admitted by numerous delegates at the council itself, which necessitates -now- the intervention of the third world? Force in order to from an international alliance to demand the amendment of the UN charter urgently.

Syrian Organization for Human Rights Swsiah, the Board of directors
7th February 2012