Internal Regulations and
Procedures
CONSTITUTIVE ACT
International Buddhist Ethics Committee (IBEC)
Buddhist Tribunal on Human Rights (BTHR)
BASED ON RESOLUTION No. 12 OF THE STEERING COMMITTEE OF THE SEVENTH BUDDHIST COUNCIL, THE PRESENT ACT GIVES FORMAL AND PROTOCOLLED BIRTH TO: INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS. ON THE BASIS OF THE DE CONSTITUTIVE ACT OF MARCH 1st, 2015 THE FOLLOWING STATUTES AND PROCEDURES ARE SUSTAINED AND UNDERPINNED AS JUDICIAL POWER OF MAITRIYANA BUDDHIST COMMUNITY.
Part I: STATUTES
Buddhist Tribunal on Human Rights (BTHR)
BASED ON RESOLUTION No. 12 OF THE STEERING COMMITTEE OF THE SEVENTH BUDDHIST COUNCIL, THE PRESENT ACT GIVES FORMAL AND PROTOCOLLED BIRTH TO: INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS. ON THE BASIS OF THE DE CONSTITUTIVE ACT OF MARCH 1st, 2015 THE FOLLOWING STATUTES AND PROCEDURES ARE SUSTAINED AND UNDERPINNED AS JUDICIAL POWER OF MAITRIYANA BUDDHIST COMMUNITY.
Part I: STATUTES
ADDRESS:
ARTICLE 1.- The central office will be International Buddhist Ethics Committee, Tiptrans Suite #39023, Si Toi Commercial Building, 3/F, Unit B, 62-63 Connaught Road West, Hong Kong 00000.
NATIONALITY
ARTICLE 2.- The Nationality of the INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS, will be "Transnational", by establishing that its members shall have diversity in terms of nationalities.
DURATION
ARTICLE 3.- The Duration of the INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS will be "Indefinite" or "Perennial" as from the celebration of this Constitutive Act.
OBJECT
ARTICLE 4.- The object of INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL OF HUMAN RIGHTS lists the following functions and activities:
a) To analyze cases of violations on Buddhist Ethics perpetrated by
Buddhist or apparently Buddhist People or institutions, dictating
Responsibility or Innocence of them.
b) To analyze cases of violations against the rights of Buddhist People
around the world, dictating the Responsibility or Innocence of the Accused.
c) To analyze cases of Human Rights violations perpetrated by countries,
companies or international organizations committed to the detriment of all
kinds of Persons, including attacks against the integrity of Animal Species,
Ecosystems and the Earth (Gaia), dictating the Responsibility or Innocence of
them.
ARTICLE 5.- It
will be custom of the Ethics Committee analyzing the
cases of violations by individuals and Institutions against Buddhism,
while the Tribunal of Human Rights will examine the violations committed by
corporations and governments against civil population.
ARTICLE 6.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE
seeks the fulfillment of the Buddhist precepts, prioritizing study the study of
violations of basic ethical rules of Buddhism, such as acts of violence, fraud,
sexual abuse, slander and drug abuse by Buddhist and spiritual movements.
ARTICLE 7.- The BUDDHIST TRIBUNAL OF HUMAN RIGHTS complies with the bodhisattva vows,
assuming the project of salvation of all living beings, fighting the illusions
of civilization, acquiring the straightness of the Supreme Laws and realizing
the path of the Awakened Ones (Buddhas).
ARTICLE 8.- In cases
of Human Rights violations, it will be given priority to international crimes
of Genocide, Ethnic Cleansing, Crimes against Humanity, War Crimes, Ecocide and
Crimes against Peace, which threaten the peace and
well-being of Buddhist Peoples and all humanity.
ARTICLE 9.- It
is also considered as International Crimes the violation of animal rights,
terrorism, violation of the right to freedom of expression, violation of the
rights of tribal peoples, human trafficking, drug trafficking, corruption,
religious discrimination, torture, violation of the right to justice, fascism,
illegal detention, violation of the rights of women and children, crimes
against peace, the use of religious emblems to commit crimes, and the violation
of the principles of international organizations.
ARTICLE 10.- The
International Buddhist Ethics Committee & Buddhist Tribunal on Human Rights
has different functions: Teaching function, Advisory function, Normative
function, Mediating function and Sanctioning function. The Educational
Function, which is the most important and primordial, can be carried out in
three levels: internal (directed to the members of the Committee), external
(directed to Buddhist People) and social (when a certain judgment of the Committee
transcends outside the Buddhist scope and it has an effect on the international
community).
IMPRESCRIPTIBILITY
ARTICLE 11.- It will
be a priority the analysis of cases occurred in the XXI Century. However, cases
that are previous to XXI century will also be examined provided that those
accused are alive, since they have the right to defense. This means the
recognition of the imprescriptibility of violations against Buddhist Ethics and
Human Rights.
INTEGRATION
ARTICLE 12.- The composition of the INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS shall be composed of Representatives of the following Communities, Schools, Institutions and International Organizations of Buddhism, which are constituted as Institutional Members of the Committee and Tribunal:
- Indian
Buddhist Federation
- Zen-University
of Integral Buddhism
- International
Association of Buddhist Socialism
- World
Association of Theravada
- Amitabha
Buddhist Society
·
Institute
of Buddhist Psychoanalysis & Zen-Analysis
·
Buddha Bhoomi Foundation
·
Bo´tree News
·
Integrated Development Society
·
Super-Integral Institute
·
Buddha Research
Foundation
·
Institute of Contemporary Buddhist Science
·
College of International Buddhist Law
·
Institute of Buddhist Christianity
·
Buddhist Voice E-magazine
·
Reiyukai Welfare Association Bangladesh
BOARD OF ADMINISTRATION
ARTICLE 13.- The Board of Administration of the INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS is formed based on the following ORGANIZATIONAL CHART:
A)
PRESIDENT and ETHICS JUDGE (Vinayadhara): Is
that who shall have the faculty to advocate for the appropriate functioning of
the Committee and Tribunal, by providing ethical guidance to the Prosecutor during
the stage of procedure, by validating charges, evidences and procedures. In
addition, he or she shall have to exert Presidency during the stage of Judgment
and Ethical Conclusion in the Case. For this position it is required to be
Master of Buddhist Spirituality as well as having formal knowledge in
International Law.
B)
PROSECUTOR: That who shall have the faculties
to investigate and prosecute People,
Institutions or Countries accused of committing
violations against Buddhist Spirituality or Human Rights, by bringing
evidences of the case to the Human Rights Defenders. For this position it is an
imperative requirement not only to have and Academic Training in Law or Human
Rights, but also to have Buddhism studies.
C) HUMAN RIGHTS DEFENDER: Is that who will have the faculty of evaluate and
declare on the status of “just” or “unjust” regarding the Prosecutor
accusation.
D)
PEACE
AMBASSADOR: Is that who will have the
faculty to share a message the peace on behalf the Committee and Tribunal
around the world. Who shall have the faculty to being able to impugn charges
against the accused party, and also will have the faculty to establish
institutional ties with other international organizations.
DURATION OF POSITIONS
ARTICLE 14- The 4 positions
of the Board of Directors will last forever, being able to be replaced only
when there is no participation.
ADMISSION, EXCLUSION AND SEPARATION OF MEMBERS
ARTICLE 15.- Those who aspire to become individual members will be able to be a part of the Committee and Tribunal as Members with the approval of 60% of positive votes of the Board of Administration.
ADMISSION, EXCLUSION AND SEPARATION OF MEMBERS
ARTICLE 15.- Those who aspire to become individual members will be able to be a part of the Committee and Tribunal as Members with the approval of 60% of positive votes of the Board of Administration.
ARTICLE 16.- To be a
Member, the candidate must meet the following requirements: Being a Buddhist,
Represent a Buddhist Organization and having appropriate behavior.
ARTICLE 17.- In some
cases the figure of the Friend of the
Court (Amicurs Curiae) will be allowed for participation, who could may
bring charges or defenses inside the Committee and the Tribunal.
ARTICLE 18.- Members
must have signed a solemn pledge to respect the values of the
Buddha-Dharma-Sangha.
ARTICLE 19.- The
Committee and Tribunal may exclude temporarily or permanently those Members who
violate the Internal Regulations and Procedures; who commit violations to
Buddhist ethics; or those who fail to comply with their functions, this being a
decision that will be taken with 60% of positive votes of the Board of
Directors.
RIGHTS
ARTICLE 20.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS reserves the rights concerning Title, Name, Patent, Copyright, Management, Paperwork, Procedures and everything that will be done in the performance of their functions.
CONTRIBUTIONS
ARTICLE 21.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS will not charge fees, face of which will offer free Memberships. However, it will be open to receive donations or sponsors; contributions of its institutional members and organization of courses, which will be destined to cover the costs of maintenance of Headquarters, administrative procedures and costs of investigation of cases.
MEETINGS AND SESSIONS
ARTICLE 22.- The meetings of the INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS will be held in person and / or by using digital media such as Internet and its applications, always having the supreme responsibility to be faithful to the Truth.
UPDATING
STATUTES
ARTICLE 23.- The statutes and
procedures may frequently be updated from five legal sources: the ancient legal
code (Vinaya) of the Buddhist people; the laws enacted by the Buddhas of
history; the laws enacted by the current board of the Committee and Tribunal;
the laws enacted by the President and Spiritual Judge; the laws of
International Law and the human rights instruments. The authority of these
updatings should shall always be investigated and confirmed, being adopted only
if they are in conformity with the spirit existing in the Buddha-Dharma-Sangha.
ARTICLE 24.- Statutory changes of
procedures shall not invalidate previous cases’ actions carried out by the
Committee and Tribunal.
Part II: JURISDICTION
ARTICLE 25.- The present Procedure of the INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS is not regulated by any state authority, being a process of ethical and spiritual nature which continues with the ancient justice system of the Buddhist Law. Nevertheless, the procedure is legal because it relies on the "special jurisdiction" of Tribal Law, but also in the "universal jurisdiction" of International Law. Thus, the Committee and Tribunal have the right to promote, develop and maintain the institutional structures of Buddhist people and their distinctive customs, traditions, procedures and juridical practices, simultaneously adhering to internationally recognized standards such as Declarations, Covenants and International Conventions on Human Rights, especially emphasizing the "169th Convention of the International Labour Organization (ILO) on Indigenous and Tribal Peoples" of 1989, along with the "UN Declaration on the Rights of Indigenous Peoples" of 2007, and the American Declaration on the Rights of Indigenous Peoples of 2016.
ARTICLE 25.- The present Procedure of the INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS is not regulated by any state authority, being a process of ethical and spiritual nature which continues with the ancient justice system of the Buddhist Law. Nevertheless, the procedure is legal because it relies on the "special jurisdiction" of Tribal Law, but also in the "universal jurisdiction" of International Law. Thus, the Committee and Tribunal have the right to promote, develop and maintain the institutional structures of Buddhist people and their distinctive customs, traditions, procedures and juridical practices, simultaneously adhering to internationally recognized standards such as Declarations, Covenants and International Conventions on Human Rights, especially emphasizing the "169th Convention of the International Labour Organization (ILO) on Indigenous and Tribal Peoples" of 1989, along with the "UN Declaration on the Rights of Indigenous Peoples" of 2007, and the American Declaration on the Rights of Indigenous Peoples of 2016.
ARTICLE 26.- The
INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS
is protected by formal instruments of the International Law of Human Rights, like
the “United Nations
Declaration on the Rights of Indigenous Peoples”, which said: “Article 5. Indigenous peoples have the right
to maintain and strengthen their distinct political, legal, economic, social
and cultural institutions, while retaining their right to participate fully, if
they so choose, in the political, economic, social and cultural life of the
State. (…) Article 34. Indigenous peoples have the right to promote, develop
and maintain their institutional structures and their distinctive customs,
spirituality, traditions, procedures, practices and, in the cases where they
exist, juridical systems or customs, in accordance with international human
rights standards. (…) Article 40. Indigenous peoples have the right to access
to and prompt decision through just and fair procedures for the resolution of
conflicts and disputes with States or other parties, as well as to effective
remedies for all infringements of their individual and collective rights. Such
a decision shall give due consideration to the customs, traditions, rules and
legal systems of the indigenous peoples concerned and international human
rights.” Also, the AMERICAN
DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES said: Article
VI. Indigenous peoples have collective rights that are indispensable for their
existence, well-being, and integral development as peoples. In that regard,
States recognize and respect the right of indigenous peoples to their
collective action; to their juridical, social, political, and economic systems
or institutions; to their own cultures; to profess and practice their spiritual
beliefs; to use their own tongues and languages; and to their lands,
territories and resources. States shall promote, with the full and effective participation
of indigenous peoples, the harmonious
coexistence of the rights and systems of different population groups and
cultures. Article XXII. 1. Indigenous peoples have the right to promote,
develop and maintain their institutional structures and their distinctive
customs, spirituality, traditions, procedures, practices and, in the cases
where they exist, juridical systems or customs, in accordance with
international human rights standards. 2. Indigenous law and legal systems shall
be recognized and respected by national, regional and international legal
systems.
ARTICLE 27.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE
& BUDDHIST TRIBUNAL ON HUMAN RIGHTS is protected by formal instruments
of the International Law of Human Rights, like the “Santiago Declaration on the Human Right
to Peace”, which said: “Article
11. Rights of all victims (…) Every
victim of a human rights violation has the right, in accordance with
international human rights law, to the restoration of the violated rights; to
obtain effective and complete redress, including the right to rehabilitation
and compensation; measures of symbolic redress or reparation as well as
guarantees that the violation Will not be repeated. Such redress shall not
preclude recourse to popular courts or tribunals of conscience and to
institutions, methods, traditions or local customs of peaceful settlement of
disputes, which may be acceptable to the victim as adequate reparation.”
ARTICLE 28.-
The INTERNATIONAL BUDDHIST ETHICS
COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS is endorsing the Universal Declaration of Spiritual Rights,
the Universal Declaration of Ecological
Rights, the Universal Declaration on
the Right to World Peace, the Universal
Declaration on the Rights of Buddhist Peoples and Spiritual Communities,
the Universal Declaration on the Rights
of Non-Human Beings, the Universal
Declaration on the Right to Interspiritual and Interfaith Harmony, the Universal Declaration on the Responsibility
to Save the World, the Declaration of
Independence of the United Buddhist Nations Organization, the Universal Declaration on Buddhism as
Cultural Heritage of Humanity, the Buddhist
Manifesto to the Nations of the World, the Buddhist Statement against Terrorism and Religious Manipulation, and
the Buddhist Convention on Human Rights.
ARTICLE 29.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON
HUMAN RIGHTS is endorsing the Earth Charter.
ARTICLE 30.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON
HUMAN RIGHTS is registered as Institutional Member of ATALM Association of Tribal
Archives, Libraries, and Museums.
ARTICLE 31.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE
& BUDDHIST TRIBUNAL ON HUMAN RIGHTS is fully autonomous and established
for the sole purpose to know, decide and dictate about actions and omissions in
the universal practice of Buddhist Ethics and Human Rights. Unlike the
Administration of State Law and Punitive Justice, dedicated to the deprivation
of liberty and monetary sanction, the Committee and Tribunal shall be referred
to determine the ethical and humanitarian responsibility for the action
committed by the Accused, by having the Purpose of the Human Right to Truth, Access
to Justice, Reparation, Reconciliation and Learning.
ARTICLE 32.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE
& BUDDHIST TRIBUNAL ON HUMAN RIGHTS is Founding Institutional Member of
United Buddhist Nations Organization,
with Registration Number A012017.
ARTICLE 33.-
The INTERNATIONAL BUDDHIST ETHICS COMMITTEE
& BUDDHIST TRIBUNAL ON HUMAN RIGHTS inherits the
ancient Buddhist Tribal Law procedures, but also belongs to the contemporary
paradigm of restorative justice.
ARTICLE 34.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE
& BUDDHIST TRIBUNAL ON HUMAN RIGHTS is registered as Institutional
Member of RESTORATIVE JUSTICE INTERNATIONAL.
ARTICLE 35.-
The INTERNATIONAL BUDDHIST ETHICS COMMITTEE
& BUDDHIST TRIBUNAL ON HUMAN RIGHTS wins immunity
for being a tribal court of the Buddhist people.
However, this tribal sovereign immunity
for the organization and its board members is limited in cases of international
crimes. Such immunity by the members of the
Committee and the Court does not mean impunity, since it is offering to any
victim or claimant certain internal dispute resolution procedures, ensuring
respect for the human right to access to justice. The
same criteria used by the Committee and Tribunal to win non-absolute sovereign immunity is applied when
analyzing violations of human rights committed by States, which before the Buddhist Justice have no sovereign immunity
for international crimes of genocide, ethnic cleansing, crimes against humanity,
war crimes and ecocide.
ARTICLE 36.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE
& BUDDHIST TRIBUNAL ON HUMAN RIGHTS aims
to repair both ethical failures as
well as legal and bureaucratic failures that international courts and tribunals of justice have, especially in cases where the Perennial
Law (Jus cogens) or Essential Human Rights are violated
under the pretext of immunity which provides impunity to the States accused of
international crimes.
ARTICLE 37.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE &
BUDDHIST TRIBUNAL ON HUMAN RIGHTS will judge in Equity with the Purpose of repaid injustices derived from
procedures in Law.
ARTICLE 38.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE
& BUDDHIST TRIBUNAL ON HUMAN RIGHTS is registered as Institutional
Member of HUMAN RIGHTS LAWYERS
ASSOCIATION.
ARTICLE 39.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE
& BUDDHIST TRIBUNAL ON HUMAN RIGHTS has absolute jurisdiction on
members of the Buddhist People, and also jurisdiction on those who are directly
or indirectly related with the Sangha, even if they are not signatories of the
framework of Buddhist Law.
Part III: STAGES OF PROCEDURE
ARTICLE 40.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS respect the four essential stages of due process, such as indictment, defense, evidence and judgment. International guarantees such as the right to presumption of innocence, the right not to self-incriminate, the right to remain silent, the right to information, the right to defense, the right to a public trial, the right to probation, the right to declare freely, the right to certainty and the right to res judicata are also respected. The stages of Procedure of the Committee and Tribunal, which are based on the functions entrusted to them, are established below:
FIRST STAGE "RECEPTION OF THE CASE"
ARTICLE 41.- The INTERNATIONAL BUDDHIST ETHICS COMMITTE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS will receive cases submitted by Buddhist institutions, organizations and citizens around the world. Facing a case that is submitted only by an individual, he or she should be endorsed by any institution Member of the Committee. On the basis of Buddhist Ethics and the Human Rights, it will be analyzed the admissibility or inadmissibility of the reception and opening of the case. The Committee and Tribunal will be in session after collecting sufficient, concrete and concise Evidence about the cases presented.
SECOND STAGE "RECEPTION AND INVESTIGATION OF EVIDENCES"
ARTICLE 41.- The INTERNATIONAL BUDDHIST ETHICS COMMITTE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS will receive cases submitted by Buddhist institutions, organizations and citizens around the world. Facing a case that is submitted only by an individual, he or she should be endorsed by any institution Member of the Committee. On the basis of Buddhist Ethics and the Human Rights, it will be analyzed the admissibility or inadmissibility of the reception and opening of the case. The Committee and Tribunal will be in session after collecting sufficient, concrete and concise Evidence about the cases presented.
SECOND STAGE "RECEPTION AND INVESTIGATION OF EVIDENCES"
ARTICLE 42.- The Prosecutor will
collect the Evidence on the possible case of violation of Buddhist ethics or
Human Rights. These evidences will come both from the Claimant or Offended
Party and from the investigations of the INTERNATIONAL
BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS.
Evidences will be analyzed by the Prosecutor, who will decide if the case
merits the Procedure of "Ethical Judgment".
ARTICLE 43.- In the context of its own
investigations, the Prosecutor may request evidence from organizations or
States.
THIRD STAGE "RESPONSE"
ARTICLE 44.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS will provide the opportunity to the Imputed or Requested Party in order that in the term of 5 working days issues a Response of what it considers as a defense or accepts and adheres to the facts alleged against said Party in the Indictment and may justify their actions or present evidence of his innocence. The omission or refusal to issue Response and / or provision of evidence will not be considered as acceptance of the facts, acts or omissions that are imputed, but neither will be stopped the subsequent legal procedures of the Ethical Judgment and Sentence, which will be carried out in the "absence" of accused provided that he/she/it does not make his/her/its statement. It is important that if the defendant intends to question the competence of the Committee and the Tribunal, he or she should state it during the "Response" stage of the accusation, since if he or she does not do so, it will be understood that it has consented to the Ethical Trial.
ARTICLE 44.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS will provide the opportunity to the Imputed or Requested Party in order that in the term of 5 working days issues a Response of what it considers as a defense or accepts and adheres to the facts alleged against said Party in the Indictment and may justify their actions or present evidence of his innocence. The omission or refusal to issue Response and / or provision of evidence will not be considered as acceptance of the facts, acts or omissions that are imputed, but neither will be stopped the subsequent legal procedures of the Ethical Judgment and Sentence, which will be carried out in the "absence" of accused provided that he/she/it does not make his/her/its statement. It is important that if the defendant intends to question the competence of the Committee and the Tribunal, he or she should state it during the "Response" stage of the accusation, since if he or she does not do so, it will be understood that it has consented to the Ethical Trial.
ARTICLE 45.- In case the Required or
Accused party offers sincere public apology for what was done, and as far as
possible amends his/her/its fault or violation to the Buddhist ethics way or
human rights, in such cases the accused shall apologize publicly and formally,
simultaneously performing acts designed to amend their offenses. In these cases
the Committee and Tribunal agree on a "Peaceful and Reconciliatory Resolution",
with no need for the voting of the Human Rights Defenders and the President's
Sentence. However, if there is a repeated infringement, such "Peaceful Conciliatory
Agreement" would have been violated, situation in which the subsequent
Ethical Judgment would be immediately held.
ARTICLE 46.- The Accused
shall have the right to its own lawyer or legal representation before the
Committee and Tribunal. The above mentioned Legal Defender shall speak in
defense of the accused, being able to recommend accepting responsibility or
reaching a conciliatory resolution, by being able to impugn charges or
evidences, or being able to present proof regarding the innocence of his/her
represented party, situation in which the President shall decide about its admissibility.
FOURTH STAGE "ETHICAL JUDGMENT"
ARTICLE 47.- Following the stage of Response by the Imputed Party, and after having been received the validation of charges and evidences by the President, it will be given beginning to the “Ethical Judgment” by the Prosecutor before the Human Rights Defenders composed by Buddhist persons acting on behalf of Buddhist institutions and communities. In such presentation the evidences will be corroborated to the alleged case of violation to Buddhist ethics or human rights, by being validly accepted face-to-face and non-contact eyewitness testimonies coming from honorable people of an irreproachable conduct; physical and digital documentaries; Editorial and internet publications; emails, audios and videos; correspondence of postal service and other resources that constitute sufficient proof or complaint in urging Procedure.
ARTICLE 47.- Following the stage of Response by the Imputed Party, and after having been received the validation of charges and evidences by the President, it will be given beginning to the “Ethical Judgment” by the Prosecutor before the Human Rights Defenders composed by Buddhist persons acting on behalf of Buddhist institutions and communities. In such presentation the evidences will be corroborated to the alleged case of violation to Buddhist ethics or human rights, by being validly accepted face-to-face and non-contact eyewitness testimonies coming from honorable people of an irreproachable conduct; physical and digital documentaries; Editorial and internet publications; emails, audios and videos; correspondence of postal service and other resources that constitute sufficient proof or complaint in urging Procedure.
FIFTH
STAGE "LEGAL ANALYSIS"
ARTICLE 48.- Faced with Evidences submitted, the Human
Rights Defenders of the INTERNATIONAL
BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS shall
issue an opinion about the Prosecutor accusation, declaring it as “Just” or “Unjust”
in the Buddhist Ethics and Human Rights arena. The vote of
"Abstention" would also be permitted, although after 2 consecutive
abstentions it shall be considered effective the resignation of the Human
Rights Defender. The Human Rights Defender will issue an Opinion in the term of
5 five working days.
ARTICLE 49.- The accused will be declared responsible when has been demonstrated Responsibility
beyond any reasonable doubt.
ARTICLE 50.- Where Human Rights
Defenders votes are tied, the President may call
to the Substitute Defenders in order to define the votation.
ARTICLE 51.- Members
of Committee and Tribunal may request license periods through previous notice
in order to attend trips or meditation retreats, or to deal with health issues.
Such licenses may not be requested once they have received a case, in whose situation
their absence will be considered as an Abstention.
ARTICLE 52.- The President may declare
the vote of a Human Rights Defender as "Null". This may occur when
the member voting with reasons that violate Buddhist Law, Human Rights or
Jurisprudence of the Committee and Tribunal.
SIXTH STAGE "ETHICAL JUDGMENT"
ARTICLE 53.- After the opinion
performed by the Human Rights Defender, the President and Judge of the
Committee and Tribunal will make an Ethical Statement as a teaching and a final
conclusion on the case.
ARTICLE 54.- In the Ethical Judgment made
by the President, a repair, restitution, indemnification or rehabilitation that
benefits the victims may be requested.
ARTICLE 55.- In certain cases, the
President may issue Acts, Notifications, Legal Opinions and Resolutions about
the Judgment to third parties involved or related to the case. Those same post-sentence procedures can be sent to
the Human Rights Defenders before an eventual expansion of charges in cases
that violations of the Ethics or Human Rights are getting worse by the Accused
after being issued a first Judgment.
ARTICLE 56.- In cases where the defendants appeal the Judgment, the case must be analyzed by the Supreme Buddhist Court of Justice, which will decide whether the judgment is valid or void.
ARTICLE 56.- In cases where the defendants appeal the Judgment, the case must be analyzed by the Supreme Buddhist Court of Justice, which will decide whether the judgment is valid or void.
Part IV: ADDITIONAL
FUNCTIONS
ARTICLE 57.- The President of the Committee and Tribunal also has the function of establishing projects for dialogue with countries and international organizations in order to transmit the values of Buddhist Law throughout the world.
ARTICLE 57.- The President of the Committee and Tribunal also has the function of establishing projects for dialogue with countries and international organizations in order to transmit the values of Buddhist Law throughout the world.
ARTICLE 58.- The INTERNATIONAL
BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS delivers
distinctions, honors and awards to individuals, organizations and governments that stand out by their actions for
Peace and Justice.
ARTICLE 59.- The INTERNATIONAL
BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS challenges
and invalidates all spiritual degree to Buddhist
Masters that has been issued by any government,
especially in cases of governments violating human rights.
ARTICLE 60.- The INTERNATIONAL
BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS may
challenge and invalidate prizes awarded to individuals, after having
demonstrated the spurious nature of such awards.
ARTICLE 61.- The INTERNATIONAL
BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS may
exercise "control of constitutionality and conventionality",
ethically overseeing that States do not violate their national Constitutions or
violate the Conventions, Treaties, Covenants and Declarations which they have
signed at international level. The validity of this ethical supervision or
control will be provided by the fact that the Committee and Tribunal include
within its Statute the commitment to the fulfillment of the following Human
Rights instruments:
·
1948. Universal Declaration of Human Rights
·
1948 American Declaration of the Rights and
Duties of Man
·
1948. Convention on the Prevention and
Punishment of the Crime of Genocide
·
1948. Freedom of Association and Protection
of the Right to Organise Convention
·
1948. Inter-American Convention on the
Granting of Civil Rights to Women
·
1949. Convention for the Suppression of the
Traffic in Persons and of the Exploitation of the Prostitution of Others
·
1949. Convention relative to the Protection
of Civilian Persons in Time of War
·
1949. Convention relative to the Treatment of
Prisoners of War
·
1949. Protection of wages Convention
·
1949. Right to Organise and Collective
Bargaining Convention
·
1950. Convention for the Protection of Human
Rights and Fundamental Freedoms
·
1951. Convention and protocol relating to the
status of refugees
·
1951. Equal Remuneration Convention
·
1952. Convention on Minimum Standards of
Social Security
·
1952. Universal Copyright Convention, with
Appendix Declaration relating to Articles XVII and Resolution concerning
Article XI
·
1953. Convention on the Political Rights of
Women
·
1954. Convention relating to the Status of
Stateless Persons
·
1955. Standard Minimum Rules for the
Treatment of Prisoners
·
1956. Supplementary Convention on the
Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar
to Slavery
·
1957. Abolition of Forced Labour Convention
·
1958. Discrimination Employment and
Occupation Convention
·
1960. Declaration on the Granting of
Independence to Colonial Countries and Peoples
·
1960. Convention against Discrimination in
Education
·
1961. Convention on the reduction of
statelessness
·
1961. European Social Charter
·
1962. Convention concerning Equality of
Treatment of Nationals and Non-Nationals in Social Security
·
1962. Convention on Consent to Marriage,
Minimum Age for Marriage and Registration of Marriages
·
1964. Convention concerning benefits in the
case of employment injury
·
1964. Employment Policy Convention
·
1965. Declaration on the Promotion among
Youth of the Ideals of Peace, Mutual Respect and Understanding between Peoples
·
1965. International Convention on the
Elimination of All Forms of Racial Discrimination
·
1966. International Covenant on Civil and
Political Rights
·
1966. International Covenant on Economic,
Social and Cultural Rights
·
1967. Declaration on the Elimination of
Discrimination against Women
·
1967. Recommendation concerning Invalidity,
Old-Age and Survivors' Benefits
·
1968. Convention on the Non-Applicability of
Statutory Limitations to War Crimes and crimes against humanity
·
1969. AMERICAN CONVENTION ON HUMAN RIGHTS -
Pact of San Jose Costa Rica
·
1969. Convention concerning Medical Care and
Sickness Benefits
·
1969. Declaration of principles for
international humanitarian relief to the civilian population in disaster
situations
·
1969. Declaration on Social Progress and
Development
·
1970. Convention concerning Minimum Wage
Fixing, with Special Reference to Developing
·
1970. Declaration on Principles of
International Law concerning friendly relations and co-operation among states
in accordance with the charter of United Nations
·
1971. Declaration of the Indian Ocean as a
Zone of Peace
·
1971. Declaration on the Rights of Mentally
Retarded Persons
·
1971. Universal Copyright Convention
·
1972. Convention Concerning the Protection of
the World Cultural and Natural Heritage
·
1972. Declaration of the United Nations Conference
on the Human Environment
·
1973. Convention on International Trade in
Endangered Species of Wild Fauna and Flora
·
1973. International Convention on the
Suppression and Punishment of the Crime of Apartheid
·
1973. Minimum Age Convention
·
1973. Principles of cooperation
·
1974. Universal Declaration on the
Eradication of Hunger and Malnutrition
·
1975. Declaration on the Protection of All
Persons from Being Subjected to Torture
·
1975. Declaration on the Rights of Disabled
Persons
·
1975. Declaration on the Use of Scientific
and Technological Progress in the Interests of Peace and for the Benefit of
Mankind
·
1976. Convention on the Prohibition of
Military or Any Other Hostile Use of Environmental Modification Techniques
·
1977. Protocol Additional to the Geneva
Conventions of 12 August 1949, and relating to the Protection of Victims of
International Armed Conflicts (Protocol I)
·
1977. Protocol Additional to the Geneva
Conventions of 12 August 1949, and relating to the Protection of Victims of
Non-International Armed Conflicts (Protocol II)
·
1978. Declaration on Race and Racial
Prejudice
·
1978. Declaration on the Preparation of
Societies for Life in Peace
·
1979. Code of Conduct for Law Enforcement
Officials
·
1979. Convention on the Elimination of All
Forms of Discrimination against Women
·
1980. International Agreement for the
Establishment of the University for Peace and Charter of the University for
Peace
·
1981. African Charter on Human and Peoples
Rights
·
1981. Declaration on the Elimination of All
Forms of Intolerance and of Discrimination Based on Religion or Belief
·
1982. Declaration on the Participation of
Women in Promoting International Peace and Cooperation
·
1982. Manila Declaration on the Peaceful
Settlement of International Disputes
·
1982. World Charter for Nature
·
1984. Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment
·
1984. Declaration on the Right of Peoples to
Peace
·
1984. Safeguards guaranteeing protection of
the rights of those facing the death penalty
·
1985. Basic Principles on the Independence of
the Judiciary
·
1985. Declaration of Basic Principles of
Justice for Victims of Crime and Abuse of Power
·
1985. Declaration on the Human Rights of Individuals
Who are not Nationals of the Country in which They Live
·
1985. United Nations Standard Minimum Rules
for the Administration of Juvenile Justice
·
1985. Vienna Convention for the Protection of
the Ozone Layer
·
1985. Inter-American Convention to Prevent
and Punish Torture
·
1986. Declaration on Social and Legal Principles
relating to the Protection and Welfare of Children
·
1986. Declaration on the Right to Development
·
1987. Declaration on the Enhancement of the
Effectiveness of the Principle of Refraining from the Threat or Use of Force in
International Relations
·
1988. Additional Protocol to the American
Convention on Human Rights in the Area of Economic, Social and Cultural Rights
(Protocol of San Salvador)
·
1988. Body of Principles for the Protection
of All Persons under Any Form of Detention or Imprisonment
·
1988. Convention concerning Employment
Promotion and Protection against Unemployment
·
1988. Declaration on the Prevention and
Removal of Disputes and Situations Which May Threaten International Peace and
Security
·
1989. Community Charter of Fundamental Social
Rights of Workers
·
1989. Convention concerning Indigenous and
Tribal Peoples in Independent Countries
·
1989. Convention on the Rights of the Child
·
1989. Principles on the Effective Prevention
and Investigation of Extra-legal, Arbitrary and Summary Executions
·
1990. Basic Principles on the Use of Force
and Firearms by Law Enforcement Officials
·
1990. UN Basic Principles on the Role of Lawyers
·
1990. United Nations Guidelines for the
Prevention of Juvenile Delinquency
·
1990. World Declaration on Education for All
·
1990.Basic Principles for the Treatment of
Prisoners
·
1990.International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families
·
1990.United Nations Rules for the Protection
of Juveniles Deprived of their Liberty
·
1990.United Nations Standard Minimum Rules
for Non-custodial Measures
·
1991. Declaration on Fact-finding by the
United Nations in the Field of the Maintenance of International Peace and
Security
·
1991. UN Resolution on protection of persons
with mental illness
·
1992. Convention on Biological diversity
·
1992. Declaration on the Protection of All
Persons from Enforced Disappearance
·
1992. Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and Linguistic Minorities
·
1992. The United Nations Framework Convention
on Climate Change
·
1992. United Nations Conference on
Environment & Development
·
1993. CONVENTION ON PROTECTION OF CHILDREN
AND CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION
·
1993. Declaration on the Elimination of
Violence against Women
·
1993. National institutions for the promotion
and protection of human rights
·
1994. Declaration on the Enhancement of
Cooperation between the United Nations and Regional Arrangements or Agencies in
the Maintenance on international peace
·
1994. Inter-American Convention on the
Prevention, Punishment and. Eradication of Violence against Women
·
1994. Standard Rules on the Equalization of
Opportunities for Persons with Disabilities
·
1994. United Nations Conventions to Combat
Desertification
·
1995. Declaration and Integrated Framework of
Action on Education for Peace, Human Rights and Democracy
·
1995. Declaration of Principles on Tolerance
·
1996. Declaration of Principles of
International Cultural Co-operation
·
1996. European Social Charter (revised)
·
1996. INTER-AMERICAN CONVENTION AGAINST
CORRUPTION
·
1996. Universal Declaration on Linguistic
Rights
·
1997. Sofia Declaration
·
1997. Agenda for Development
·
1997. Declaration on the Responsibilities of
the Present Generations Towards Future Generations
·
1997. Kyoto Protocol to the UN Framework
Convention on Climate Change
·
1997. Universal Declaration on the Human
Genome and Human Rights
·
1998 Latin-American Declaration on Water
·
1998. Convention on Access to Information,
Public Participation in Decision-Making and Access to Justice in Environmental
Matters
·
1998. Declaration on the Right and
Responsibility of Individuals, Groups and Organs of Society to Promote and
Protect Universally Recognized Human Rights and Fundamental Freedoms
·
1998. ILO Declaration on Fundamental
Principles and Rights at Work and its Follow-up
·
1998. Rome Statute of the International
Criminal Court
·
1998. World Declaration on Higher Education
for the Twenty-first Century
·
1999. Declaration and Programme of Action on
a Culture of Peace
·
1999. Declaration and state of progress and
initiatives for the future implementation of the Programme of Action for the
Sustainable Development of Small Island Developing States
·
1999. Inter American convention on the
elimination of all forms of discrimination against persons with disabilities
·
1999. The Hague Agenda for Peace and Justice
for the 21 century
·
1999. Worst Forms of Child Labour Convention
·
2000. Principles on the Effective
Investigation and Documentation of Torture
·
2000. CHARTER OF FUNDAMENTAL RIGHTS OF THE
EUROPEAN UNION
·
2000. DECLARATION OF PRINCIPLES ON FREEDOM OF
EXPRESSION
·
2000. Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children, supplementing the
United Nations Convention against Transnational Organized Crime
·
2000. The Earth Charter
·
2000. United Nations Millennium Declaration
·
2001 Mexico city Declaration on Human Rights
Education in Latin America and the Caribbean
·
2001. Declaration of Commitment on HIV-AIDS
·
2001. INTER-AMERICAN DEMOCRATIC CHARTER
·
2001. Resolution on International cooperation
in the detection, arrest, extradition and punishment of persons guilty of war
crimes and crimes against humanity
·
2001. Statute of the Iberoamerican Judge
·
2001. UNESCO Universal Declaration on
Cultural Diversity
·
2002. Declaration of Principles on Freedom of
Expression in Africa
·
2002. Johannesburg Declaration on Sustainable
Development
·
2002. United Nations Declaration on the New
Partnership for Africa’s Development
·
2003. United Nations Convention against
Corruption
·
2004. AMERICAN DECLARATION ON THE RIGHTS OF
INDIGENOUS PEOPLES
·
2004. Universal Declaration of the Rights of
Peoples
·
2005. Basic Principles and Guidelines on the
Right to a Remedy and Reparation for Victims of Gross Violations of
International Human Rights Law and Serious Violations of International
Humanitarian Law
·
2005. Declaration on the Right and
Responsibility of Individuals, Groups and Organs of Society to Promote and
Protect Universally Recognized
·
2005. IBEROAMERICAN CONVENTION ON RIGHTS OF
YOUTH
·
2005. Universal Declaration on Bioethics and
Human Rights
·
2005. Resolution on World Summit Outcome
·
2006. International Convention for the
Protection of All Persons from Enforced Disappearance
·
2006. Principles on the application of
international human rights law in relation to sexual orientation and gender
identity
·
2006. United Nations Convention on the Rights
of Persons with Disabilities
·
2007. United Nations Declaration on the
Rights of Indigenous Peoples
·
2008. BRASILIA REGULATIONS REGARDING ACCESS
TO JUSTICE FOR VULNERABLE PEOPLE
·
2008. HUMAN RIGHTS AND CLIMATE CHANGE IN THE
AMERICAS
·
2008. Human rights and climate change
·
2008. ILO Declaration on Social Justice for a
Fair Globalization
·
2008. Principles and Best Practices on the
Protection of Persons Deprived of Liberty in the Americas
·
2010. DECLARATION OF SANTO DOMINGO FOR THE
SUSTAINABLE DEVELOPMENT OF THE AMERICAS
·
2010. Resolution on the human right to water
and sanitation
·
2010. Santiago Declaration on the Human Right
to Peace
·
2010. United Nations Rules for the Treatment
of Women Prisoners and Non-custodial Measures for Women Offenders - the Bangkok
Rules
·
2010. UNIVERSAL DECLARATION OF THE RIGHTS OF
MOTHER EARTH
·
2012. Resolution THE HUMAN RIGHT TO SAFE
DRINKING WATER AND SANITATION
·
2013. INTER-AMERICAN CONVENTION AGAINST
RACISM, RACIAL DISCRIMINATION AND RELATED FORMS OF INTOLERANCE
·
2016: AMERICAN
DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES
STATUTES UPDATED AT April
17, 2020
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