by the Council of the International Organization to be most suitable to the stage of development of the peoples in that territory, having regard to social and economic conditions, to factors affecting general security, and other circumstances. All charters, however, shall contain provisions to assure: (a) the preparation and education of the inhabitants for self-government; (b) protection of the inhabitants from exploitation, and the promotion of economic and social justice; (c) abolition of all forms of slavery and forced labor; (d) control over the liquor and drug traffic, and the traffic in arms; (e) freedom of conscience; (f) establishment and maintenance of non-discriminatory commercial treatment; (g) promotion of equality of economic opportunity consistent with the safeguarding of the interests of the local inhabitants. 5. The Council of the International Organization and the Regional Supervisory Councils shall have the right of inspection in the territories brought under the Trusteeship. 6. The inhabitants of the territories shall have the right of petition directly to the Regional Supervisory Council of that area in conformity with the regulations or conditions prescribed by the Supervisory Council or the Council of the International Organization. 7. The Council of the International Organization shall in each case determine the terms and conditions under which the trusteeship shall be altered or terminated. Article 13 REGIONAL ARRANGEMENTS 1. Nothing in this instrument shall be deemed to affect such regional arrangements, associations or agreements, now existing or which may be entered into, provided these arrangements are not inconsistent with the aims and purposes of this instrument. The Council or the General Conference may encourage the establishment of such arrangements, associations or agreements, when deemed desirable to give effect to the general purposes of the International Organization. 2. In the event that any controversy arises as to the consistency of such arrangements, associations or agreements with the aims and purposes of this instrument, the Council may refer the legal aspects of the question to the Permanent Court of International Justice for an opinion. Article 14 1. This instrument shall form a part of the supreme law of each Member State, any contrary provision in its treaties or other international acts notwithstanding. 2. The Members of the International Organization undertake not to conclude or continue any treaty or other international act which is inconsistent with the provisions of this instrument. 3. Every treaty or other international act entered into by Members of the International Organization with any Member or non-Member shall be submitted to the Secretariat for registration and prompt publication. The texts of treaties so registered and published shall be regarded for purposes of the International Organization as the authentic texts. Article 15 1. The expenses of the International Organization shall be borne by the Members in proportions determined by the General Conference and the Council. 2. Regulations for the financial administration of the Organization shall be approved by the General Conference and the Council. 3. A Treasurer shall be appointed by the Council with the approval of the General Conference. 4. The Treasurer shall receive and administer all funds of the International Organization. Article 16 1. Amendments to this instrument shall take effect upon their approval in the General Conference by a vote of three-fourths of the Members present, including the affirmative vote of each of the Members of the Executive Committee present, provided that no amendment proposed shall be voted upon by the General Conference without first having been submitted by the General Secretary to the States Members at least nine months prior to action by the Conference. APPENDIX 14 December 3, 1942 11 Bill of Rights Article I Governments exist for the benefit of the people and for the promotion of their common welfare in an interdependent world. Article II All persons who are willing to work, as well as all persons who through no fault of their own are unable to work, have the right to enjoy such minimum standards of economic, social and cultural well-being as the resources of the country, effectively used, are capable of sustaining. Article III 1. All persons shall enjoy equality before the law with respect to life, liberty, property, enterprise and employment, subject only to such restrictions as are designed to promote the general welfare. 2. No person shall be deprived of life, liberty or property except in accordance with humane and civilized processes provided by law. Article IV All persons shall enjoy freedom of conscience, of religious belief, and of public and private worship, provided that the exercise of these rights does not conflict with public order or good morals. 11 Document of the Special Subcommittee on Legal Problems. Article V All persons shall enjoy freedom of speech and of the press, and the right to be informed, subject only to the restraints necessary to the maintenance of public order and good morals. Article VI All persons shall enjoy the right, acting individually or in concert, peacefully to petition the government for a redress of grievances or to address complaints to the public authorities. Article VII All persons shall enjoy the right to assemble peaceably and to form associations for political, cultural, social and economic purposes, subject to the right of the state to take reasonable measures for the maintenance of public order and the prevention of subversive activities. Article VIII All persons shall enjoy an equal right of participation in education publicly provided. Persons receiving public education shall not be obliged to participate in religious instruction in a faith to which they or their parents do not adhere. Article IX 1. The right of the people to be secure in their persons, houses, papers and effects from surveillance, search, seizure, arrest and detention shall not be denied or abridged except by orderly process determined by law and upon the establishment or probable cause. 2. No measures of unnecessary severity shall be used in making arrests. A person arrested for any cause shall be brought promptly before a competent judicial authority who shall within a reasonable time hold a hearing and either release the arrested person or issue an order, giving reasons for his detention. If the person detained is not charged with the commission of a crime, he shall have the right to have the propriety of his detention reconsidered by such authority at reasonable intervals. Article X 1. In all criminal proceedings the accused shall not be subjected to threats or intimidation. He shall be presumed to be innocent until he is proved guilty, and he shall enjoy the right to a speedy, fair and public trial by an impartial court. 2. The accused shall enjoy the right to be informed of the nature and cause of the accusation against him, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, to have the assistance of counsel for his defense, and to petition the court for his release. Article XI Cruel and unusual treatment shall not be inflicted in the detection, prevention or punishment of crime, nor excessive bail required, nor excessive fines imposed. Article XII No person shall be punished except in virtue of a law in force prior to the commission of the offense, and no penalty shall be imposed in excess of that in force at the time the offense was committed. Article XIII Any person charged with the commission of a crime shall be tried only before a court having jurisdiction over him in accordance with the preexisting law. Article XIV After having been duly acquitted of a crime no person shall be tried again for the same offense. Article XV No state shall deny to a person born within its territory the citizenship of the state unless he acquires at birth citizenship in another state. Article XVI These human rights shall be guaranteed by and constitute a part of the supreme law of each state and shall be observed and enforced by its administrative and judicial authorities, without discrimination on the basis of nationality, language, race, political opinion, or religious belief, any law or constitutional provision to the contrary notwithstanding. APPENDIX 15 June 25, 1943 12 Tentative Proposal for Revision of the Statute of the Permanent Court of International Justice Article 1 The Permanent Court of International Justice is reconstituted in accordance with the provisions of this Statute. CHAPTER I ORGANIZATION OF THE COURT Article 2 The Permanent Court of International Justice shall be composed of a body of fifteen judges elected regardless of their nationality from among persons of high moral character and juridical eminence. No person shall be eligible for initial election who has passed the age of sixty-five years. Article 3 1. At the time of constituting the Court, and thereafter as vacancies occur, the Council of the International Organization shall by majority vote of the members present, subject to confirmation by the General Conference of the International Organization by majority vote of the members present, appoint a Nominating Committee of nine persons of high eminence who, while fulfilling the function of presenting nominations, shall represent only the international community. The Committee shall be convened in the first instance on the call of the Chairman 12 Initial proposal of the Special Subcommittee on Legal Problems. of the Council and thereafter on the call of the Registrar of the Court. Upon the completion of the election for which it was appointed to serve, the Committee shall cease to exist. 2. At the time of the initial election of judges, the Committee shall nominate thirty persons. At subsequent elections it shall nominate three persons for each place to be filled. 3. From the nominations so made, the Council, by a majority vote of the members present, shall elect the judges of the Court, subject to confirmation in each case by the General Conference by majority vote of the members present. 4. If the General Conference fails to confirm any person elected by the Council, the Council shall, subject to confirmation by the General Conference, elect an additional judge from the list of nominees. 5. If the list of nominees is exhausted and a place on the Court remains unfilled, the Nominating Committee shall submit additional names as provided in paragraph 1. This procedure shall continue until all places are filled. Article 4 At every election the Nominating Committee, the Council and the General Conference shall bear in mind that not only should all judges of the Court possess the qualifications required, as well as competence in the use of one of the official languages, but that the whole body should be so constituted as to represent the main forms of civilization and the principal legal systems of the world. Article 5 1. The judges of the Court shall be elected for nine-year terms and shall be eligible for reelection. 2. They shall retire upon attaining the age of seventy-five years. They shall continue to discharge their duties until their places have been filled, and they may, at the discretion of the President of the Court, finish a term of Court then in progress. 3. In the case of the resignation of a member of the Court, the resignation shall be addressed to the President of the Court for transmission to the Chairman of the Council. This last notification makes the place vacant. Article 6 No member of the Court shall exercise any political or administrative function or pursue any other occupation of a professional nature. Any doubt on this point shall be settled by the decision of the Court. Article 7 1. No member of the Court may participate in the decision of any case in which he has previously taken an active part as agent, counsel or advocate for one of the contesting parties, or as a member of a national or international Court, or of a commission of inquiry, or in any other capacity. 2. Any doubt on this point shall be settled by the decision of the Court. Article 8 1. A judge shall be subject to removal when, in the unanimous opinion of the other judges, he has ceased adequately to fulfill the functions of his office. 2. Formal notification of a decision to this effect shall be made to the Chairman of the Council by the Registrar. This notification makes the place vacant. |