Planet Dahan
22-09-2007, 22:11
http://www.nationstates.net/images/flags/uploads/planet_dahan.jpg
Official Statement of the Dahanese Commonwealth
To all civilised nations of the universe;
Oh behalf of the Dahanese Commonweath, representing the member states of Planet Dahan, the Kasvagorian Empire, the Grey Unity, the Groulien Brotherhood, the Grekka Targ Hegemony, the Peaceful Community of Karmarama, the Turrakken Technocracy, the Polvakian Aristocratic Union, and the Zedem Conclave, hereby call diplomatic representatives to Planet Dahan for the debate and ratification of a most important treaty - the Dahan Accords.
These Accords aim to establish and protect the inalienable rights of all sapients in the universe, in the interests of preventing the future persecution or execution of entire species. It is the will of the Dahan Commonwealth to unite all like-minded civilisations under this Accord, in the hope of eliminating intolerance from the universe.
Please find below a draft copy of the Dahan Accord. Upon arrival, all interested parties may discuss any changes or amendments to the Accords that they feel are erroneous or not addressed.
We hope that interest is strong, and attendance is high.
Most endearingly,
Community Leader Jess'la
Elected Leader of the Dahanese Commonwealth
************
PREAMBLE
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all sapient beings is the foundation of freedom, justice and peace in the universe,
Whereas disregard and contempt for sapient rights have resulted in barbarous acts which have outraged the conscience of civilised kind, and the advent of a universe in which sapient beings shall enjoy freedom to enjoy these rights has been proclaimed as the highest aspiration of signatory nations,
Whereas it is essential, if signatory nations are not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that sapient rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the beings of the signatory nations have in the Accord reaffirmed their faith in fundamental sapient rights, in the dignity and worth of the sapient being and in the equal rights of sapient species, irrespective of gender, ability, race, religion or creed, and have determined to promote social progress and better standards of life in larger freedom,
Whereas signatory nations have pledged themselves to achieve, in co-operation with the Accords, the promotion of universal respect for and observance of sapient rights,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Now, Therefore undersigned proclaims THE DAHAN SAPIENT RIGHTS ACCORDS as a common standard of achievement for all beings and all nations, to the end that every individual and every organ of society, keeping this Accord constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the beings of Member States themselves and among the beings of territories under their jurisdiction.
We the undersigned hereby agree to the following articles:
Article 1
All signatories hereby agree to secure for sapient species the rights and freedoms specified within these Accords within all areas of their jurisdiction.
Article 2
This Accord defines ‘sapient’ as a being, be it organic or synthetic, capable of reason, judgement, wisdom, and displaying qualities of self-awareness.
SECTION I
Article 3
Every sapient being’s right to life shall be protected by law. No sapient being shall be deprived of its life intentionally save in the execution of a sentence of a court following its conviction of a crime for which this penalty is provided by law. Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary: (a) in defence of any sapient being from unlawful violence;
(b) in order to effect a lawful arrest or to prevent escape of a sapient being lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection.
Article 4
No sapient being shall be subjected to torture or to inhumane or degrading treatment or punishment.
Article 5
No sapient being is to be held in slavery, servitude, or indentured service.
No sapient being is to be required to perform forced or compulsory labour.
For the purposes of this article, the term forced or compulsory labour shall not include: (a) any labour carried out under the ordinary course of detention imposed according to the provisions of Article 6 of this accord, or during conditional release from such detention;
(b) any service of a military character or, in case of conscientious objectors in countries where they are recognized, service exacted instead of compulsory military service;
(c) any service exacted in case of an emergency or calamity threatening the life or well-being of the community;
(d) any work or service which forms part of normal civic obligations.
Article 6
Every sapient being has the right to liberty and security of person.
No sapient being shall be deprived of this liberty save in the following cases and in accordance with a procedure prescribed by law:
(a) the lawful detention of a sapient being after conviction by a competent court;
(b) the lawful arrest or detention of a sapient for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;
(c) the lawful arrest or detention of a sapient effected for the purpose of bringing it before the competent legal authority of reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent its committing an offence or fleeing after having done so;
(d) the detention of a minor by lawful order for the purpose of educational supervision or its lawful detention for the purpose of bringing it before the competent legal authority;
(e) the lawful detention of sapient beings for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts, or vagrants;
(f) the lawful arrest or detention of a sapient being to prevent it effecting an unauthorized entry into the country or of a person against whom action is being taken with a view to deportation or extradition.
Every sapient being who is arrested shall be informed promptly, in a language which it understands, of the reasons for its arrest and the charge against it.
Every sapient being arrested or detained in accordance with the provisions of paragraph 1(c) of this article shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.
Every sapient being that is deprived of its liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of its detention shall be decided speedily by a court and its release ordered if the detention is not lawful.
Every sapient being who has been the victim of arrest or detention in contravention of the provisions of this article shall have an enforceable right to compensation.
Article 7
In the determination of its civil rights and obligations or of any criminal charge against it, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgement shall be pronounced publicly by the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security, where the interests of juveniles or the protection of the private life of the parties so require, or the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
Every sapient being charged with a criminal offence shall be presumed innocent until proved guilty according to law.
Every sapient being charged with a criminal offence has the following minimum rights: (a) to be informed promptly, in a language which it understands and in detail, of the nature and cause of the accusation against it;
(b) to have adequate time and the facilities for the preparation of its defence;
(c) to defend itself in person or through legal assistance of its own choosing or, if it has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
(d) to examine or have examined witnesses against it and to obtain the attendance and examination of witnesses on its behalf under the same conditions as witnesses against it;
(e) to have the free assistance of an interpreter or verified translation technologies if it cannot understand or speak the language used in court.
Article 8
No sapient being shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.
This article shall not prejudice the trial and punishment of any sapient being for any act or omission which, at the time when it was committed, was criminal according the general principles of law recognized by civilized nations.
Article 9
Every sapient being has equal rights to respect for its private and family life, its home and its correspondence.
There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Article 10
Every sapient being has equal rights to freedom of thought, conscience and religion; this right includes equal freedom to change its religion or belief, and equal freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in the interests of public safety, for the protection of public order, health or morals, or the protection of the rights and freedoms of others.
Article 11
Every sapient has equal rights to freedom of expression. This right shall include equal freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or the rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
Article 12
Every sapient being has equal rights to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.
Article 13
All sapient beings of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.
Article 14
Every sapient being whose rights and freedoms as set forth in this Accord are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.
Article 15
The enjoyment of the rights and freedoms set forth in this Accord shall be secured without discrimination on any ground such as sex, race, species, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Article 16
In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law.
No derogation from Article 3, except in respect of deaths resulting from lawful acts of war, or from Articles 4, 5 (paragraph 1) and 8 shall be made under this provision.
Any High Contracting Party availing itself of this right of derogation shall keep the Interstellar Council for Equal Rights fully informed of the measures which it has taken and the reasons therefore. It shall also inform the Interstellar Council for Equal Rights when such measures have ceased to operate and the provisions of the Convention are again being fully executed.
Article 17
Nothing in Articles 11, 12, and 15 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the political activity of foreigners.
Article 18
Nothing in this Accord may be interpreted as implying for any State, group or sapient being any right to engage in any activity or perform any act aimed at the destruction on any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention.
Article 19
The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed.
Article 20
Every sapient being has the right to seek and to enjoy in signatory nations asylum from persecution.
This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of these Accords.
SECTION II
Article 21
To ensure the observance of the engagements undertaken by the High Contracting Parties in the present Accord, there shall be set up:
an Interstellar Council for Sapient Rights, hereinafter referred to as 'the Council';
A Interstellar Court for Sapient Rights, hereinafter referred to as 'the Court'.
SECTION III
Article 22
The Council shall consist of a number of members equal to that of the High Contracting Parties. No two members of the Council may be nationals of the same state.
Article 23
Members of the Council shall be appointed at the discretion of each High Contracting Party.
Each High Contracting Party may appoint one Council Member, whom must be of its own nationality.
Article 24
Any High Contracting Party may refer to the Commission, through the Dahanese delegation, any alleged breach of the provisions of the Accords by another High Contracting Party.
Article 25
The Council may receive petitions addressed to the Dahanese delegation from any person, non-governmental organization or group of individuals claiming to the victim of a violation by one of the High Contracting Parties of the rights set forth in this Accord, provided that the High Contracting Party against which the complaint has been lodged has declared that it recognizes the competence of the Council to receive such petitions. Those of the High Contracting Parties who have made such a declaration undertake not to hinder in any way the effective exercise of this right.
Such declarations may be made for a specific period.
The declarations shall be deposited with the Dahanese delegation who shall transmit copies thereof to the High Contracting Parties and publish them.
Article 26
The Council may only deal with the matter after all domestic remedies have been exhausted, and within a period of six months from the date on which the final decision was taken.
Article 27
The Council shall not deal with any petition submitted under Article 25 which (a) is anonymous, or
(b) is substantially the same as a matter which has already been examined by the Council or has already been submitted to another procedure or international investigation or settlement and if it contains no relevant new information.
The Council shall consider inadmissible any petition submitted under Article 25 which it considers incompatible with the provisions of the present Accord, manifestly ill-founded, or an abuse of the right of petition.
The Council shall reject any petition referred to it which it considers inadmissible under Article 26.
Article 28
In the event of the Council accepting a petition referred to it:
(a) it shall, with a view to ascertaining the facts undertake together with the representatives of the parties and examination of the petition and, if need be, an investigation, for the effective conduct of which the States concerned shall furnish all necessary facilities, after an exchange of views with the Council;
(b) it shall place itself at the disposal of the parties concerned with a view to securing a friendly settlement of the matter on the basis of respect for Sapient Rights as defined in this Accord.
Article 29
The Council shall perform the functions set out in Article 28 by means of a Sub-Council consisting of five members of the Council.
Each of the parties concerned may appoint as members of this Sub-Council a person of its choice.
The remaining members shall be chosen by lot in accordance with arrangements prescribed in the Rules of Procedure of the Council.
Article 30
If the Sub-Council succeeds in effecting a friendly settlement in accordance with Article 28, it shall draw up a Report which shall be sent to the States concerned, to the Council of Members and to the Dahanese delegation for publication. This Report shall be confined to a brief statement of the facts and of the solution reached.
Article 31
If a solution is not reached, the Council shall draw up a Report on the facts and state its opinion as to whether the facts found disclose a breach by the State concerned of its obligations under the Accord. The opinions of all the members of the Council on this point may be stated in the Report.
The Report shall be transmitted to the Council of Members. It shall also be transmitted to the States concerned, who shall not be at liberty to publish it.
In transmitting the Report to the Council of Members the Council may make such proposals as it thinks fit.
Article 32
If the question is not referred to the Court in accordance with Article 48 of this Convention within a period of three months from the date of the transmission of the Report to the Council of Members, the Council of Members shall decide by a majority of two-thirds of the members entitled to sit on the Council whether there has been a violation of the Convention.
In the affirmative case the Council of Members shall prescribe a period during which the High Contracting Party concerned must take the measures required by the decision of the Committee of Ministers.
If the High Contracting Party concerned has not taken satisfactory measures within the prescribed period, the Council of Members shall decide by the majority provided for in paragraph 1 above what effect shall be given to its original decision and shall publish the Report.
The High Contracting Parties undertake to regard as binding on them any decision which the Council of Members may take in application of the preceding paragraphs.
Article 33
The Council shall meet 'in camera'.
Article 34
The Council shall take its decision by a majority of the Members present and voting; the Sub-Council shall take its decisions by a majority of its members.
Article 35
The Council shall meet as the circumstances require. The meetings shall be convened by the Dahanese delegation.
Article 36
The Council shall draw up its own rules of procedure.
Article 37
The secretariat of The Council shall be selected at random by the Dahanese delegation.
SECTION IV
Article 38
The Interstellar Court for Sapient Rights shall consist of a number of judges equal to that of the Members of the Council of Europe. No two judges may be nationals of the same State.
Article 39
The members of the Court shall be elected by the Council by a majority of the votes cast from a list of persons nominated by Members of the Council; each Member shall nominate three candidates, of whom two at least shall be its nationals.
The candidates shall be of high moral character and must either possess the qualifications required for appointment to high judicial office or be jurisconsults of recognized competence.
Article 40
The members of the Court shall be elected for a period of nine years. They may be re-elected.
A member of the Court elected to replace a member whose term of office has not expired shall hold office for the remainder of his predecessor's term.
The members of the Court shall hold office until replaced. After having been replaced, they shall continue to deal with such cases as they already have under consideration.
Article 41
The Court shall elect the President and Vice-President for a period of three years. They may be re-elected.
Article 42
The members of the Court shall receive for each day of duty a compensation to be determined by the Council of Members.
Article 43
For the consideration of each case brought before it the Court shall consist of a Chamber composed of five judges. There shall sit as an 'ex officio' member of the Chamber the judge who is a national of any State party concerned, or, if there is none, a person of its choice who shall sit in the capacity of judge; the names of the other judges shall be chosen by lot by the President before the opening of the case.
Article 44
Only the High Contracting Parties and the Council shall have the right to bring a case before the Court.
Article 45
The jurisdiction of the Court shall extend to all cases concerning the interpretation and application of the present Accord which the High Contracting Parties or the Council shall refer to it in accordance with Article 48.
Article 46
Any of the High Contracting Parties may at any time declare that it recognises as compulsory 'ipso facto' and without special agreement the jurisdiction of the Court in all matters concerning the interpretation and application of the present Accord.
The declarations referred to above may be made unconditionally or on condition of reciprocity on the part of several or certain other High Contracting Parties or for a specified period.
These declarations shall be deposited with the Dahanese delegation who shall transmit copies thereof to the High Contracting Parties.
Article 47
The Court may only deal with a case after the Commission has acknowledged the failure of efforts for a friendly settlement and within the period of three months provided for in Article 32.
Article 48
The following may bring a case before the Court, provided that the High Contracting Party concerned, if there is only one, or the High Contracting Parties concerned, if there is more than one, are subject to the compulsory jurisdiction of the Court, or failing that, with the consent of the High Contracting Party concerned, if there is only one, or of the High Contracting Parties concerned if there is more than one:
(a) the Council;
(b) a High Contracting Party whose national is alleged to be a victim;
(c) a High Contracting Party which referred the case to the Council;
(d) a High Contracting Party against which the complaint has been lodged.
Article 49
In the event of dispute as to whether the Court has the jurisdiction, the matter shall be settled by the decision of the Court.
Article 50
If the Court finds that a decision or a measure taken by a legal authority or any other authority of a High Contracting Party, is completely or partially in conflict with the obligations arising from the present Accord, and if the internal law of the said Party allows only partial reparation to be made for the consequences of this decision or measure, the decision of the Court shall, if necessary, afford just satisfaction to the injured party.
Article 51
Reasons shall be given for the judgement of the Court.
If the judgement does not represent in whole or in part the unanimous opinion of the judges, any judges shall be entitled to deliver a separate opinion.
Article 52
The judgement of the Court shall be final.
Article 53
The High Contracting Parties undertake to abide by the decision of the Court in any case to which they are parties.
Article 54
The judgement of the Court shall be transmitted to the Council of Members which shall supervise its execution.
Article 55
The Court shall draw up its own rules and shall determine its own procedure.
Article 56
The first election of the members of the Court shall take place after the declarations by the High Contracting Parties mentioned in Article 46 have reached a total of five.
No case can be brought before the Court before this election.
SECTION V
Article 57
On receipt of a request from any Council Member any High Contracting Party shall furnish an explanation of the manner in which its internal law ensures the effective implementation of any of the provisions of this Accord.
Article 58
The expenses of the Council and the Court shall be borne by the Dahanese Commonwealth and agreed contributions from signatory States.
Article 59
Nothing in this Accord shall be construed as limiting or derogating from any of the sapient rights and fundamental freedoms which may be ensured under the laws of any High Contracting Party or under any other agreement to which it is a Party.
Article 60
The High Contracting Parties agree that, except by special agreement, they will not avail themselves of treaties, conventions or declarations in force between them for the purpose of submitting, by way of petition, a dispute arising out of the interpretation or application of this Accord to a means of settlement other than those provided for in this Accord.
Article 61
Any State may at the time of its ratification or at any time thereafter declare by notification addressed to the Council that the present Accord shall extend to all or any of the territories for whose international relations it is responsible.
The Accord shall extend to the territory or territories named in the notification as from the thirtieth day after the receipt of this notification by the Council.
The provisions of this Accord shall be applied in such territories with due regard, however, to local requirements.
Any State which has made a declaration in accordance with paragraph 1 of this article may at any time thereafter declare on behalf of one or more of the territories to which the declaration relates that it accepts the competence of the Council to receive petitions from individuals, non-governmental organizations or groups of individuals in accordance with Article 25 of the present Accord.
Article 62
Any State may, when signing this Accord or when depositing its instrument of ratification, make a reservation in respect of any particular provision of the Accord to the extent that any law then in force in its territory is not in conformity with the provision. Reservations of a general character shall not be permitted under this article.
Any reservation made under this article shall contain a brief statement of the law concerned.
Article 63
A High Contracting Party may denounce the present Accord only after the expiry of five years from the date of which it became a Party to it and after six months' notice contained in a notification addressed to the Dahanese delegation, who shall inform the other High Contracting Parties.
Such a denunciation shall not have the effect of releasing the High Contracting Party concerned from its obligations under this Accord in respect of any act which, being capable of constituting a violation of such obligations, may have been performed by it before the date at which the denunciation became effective.
The Accord may be denounced in accordance with the provisions of the preceding paragraphs in respect of any territory to which it has been declared to extend under the terms Article 61.
Article 64
This Accord shall be open to all nations. It shall be ratified. Ratifications shall be deposited with the Dahanese delegation.
The present Accord shall come into force after the deposit of three instruments of ratification.
As regards any signatory ratifying subsequently, the Accord shall come into force at the date of the deposit of its instrument of ratification.
Article 65
All signatory States must comply with the decisions of the Council and the Court.
A signatory State which fails to comply with these Accords within the allotted time period may, at the discretion of the Council, risk punishment via:[list] (a) fines or other compensatory punishments;
(b) cessation of diplomatic relations;
(c) trade restrictions, embargoes and/or blockades;
(d) the declaration of a state of war between the signatory State and the Council Members.
All signatory States acknowledge that they risk being inflicted with these punishments in the event of their failure to uphold the articles of this Accord.
[OOC: I have never crafted something like before, and have basically taken the bulk of the EU human rights convention and redressed it to be more relevant for our time period (not to mention the preamble taken from the UN declaration of human rights) - I figure, if it's good enough for our world leaders, it's good enough for us, right? I think it covers everything, however, feel free to suggest changes or additions, either IC or OOC. Though I shall create a post below this to note down signatory nations, it will not be ratified until I'm confident that most are happy with it.]
Official Statement of the Dahanese Commonwealth
To all civilised nations of the universe;
Oh behalf of the Dahanese Commonweath, representing the member states of Planet Dahan, the Kasvagorian Empire, the Grey Unity, the Groulien Brotherhood, the Grekka Targ Hegemony, the Peaceful Community of Karmarama, the Turrakken Technocracy, the Polvakian Aristocratic Union, and the Zedem Conclave, hereby call diplomatic representatives to Planet Dahan for the debate and ratification of a most important treaty - the Dahan Accords.
These Accords aim to establish and protect the inalienable rights of all sapients in the universe, in the interests of preventing the future persecution or execution of entire species. It is the will of the Dahan Commonwealth to unite all like-minded civilisations under this Accord, in the hope of eliminating intolerance from the universe.
Please find below a draft copy of the Dahan Accord. Upon arrival, all interested parties may discuss any changes or amendments to the Accords that they feel are erroneous or not addressed.
We hope that interest is strong, and attendance is high.
Most endearingly,
Community Leader Jess'la
Elected Leader of the Dahanese Commonwealth
************
PREAMBLE
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all sapient beings is the foundation of freedom, justice and peace in the universe,
Whereas disregard and contempt for sapient rights have resulted in barbarous acts which have outraged the conscience of civilised kind, and the advent of a universe in which sapient beings shall enjoy freedom to enjoy these rights has been proclaimed as the highest aspiration of signatory nations,
Whereas it is essential, if signatory nations are not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that sapient rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the beings of the signatory nations have in the Accord reaffirmed their faith in fundamental sapient rights, in the dignity and worth of the sapient being and in the equal rights of sapient species, irrespective of gender, ability, race, religion or creed, and have determined to promote social progress and better standards of life in larger freedom,
Whereas signatory nations have pledged themselves to achieve, in co-operation with the Accords, the promotion of universal respect for and observance of sapient rights,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Now, Therefore undersigned proclaims THE DAHAN SAPIENT RIGHTS ACCORDS as a common standard of achievement for all beings and all nations, to the end that every individual and every organ of society, keeping this Accord constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the beings of Member States themselves and among the beings of territories under their jurisdiction.
We the undersigned hereby agree to the following articles:
Article 1
All signatories hereby agree to secure for sapient species the rights and freedoms specified within these Accords within all areas of their jurisdiction.
Article 2
This Accord defines ‘sapient’ as a being, be it organic or synthetic, capable of reason, judgement, wisdom, and displaying qualities of self-awareness.
SECTION I
Article 3
Every sapient being’s right to life shall be protected by law. No sapient being shall be deprived of its life intentionally save in the execution of a sentence of a court following its conviction of a crime for which this penalty is provided by law. Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary: (a) in defence of any sapient being from unlawful violence;
(b) in order to effect a lawful arrest or to prevent escape of a sapient being lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection.
Article 4
No sapient being shall be subjected to torture or to inhumane or degrading treatment or punishment.
Article 5
No sapient being is to be held in slavery, servitude, or indentured service.
No sapient being is to be required to perform forced or compulsory labour.
For the purposes of this article, the term forced or compulsory labour shall not include: (a) any labour carried out under the ordinary course of detention imposed according to the provisions of Article 6 of this accord, or during conditional release from such detention;
(b) any service of a military character or, in case of conscientious objectors in countries where they are recognized, service exacted instead of compulsory military service;
(c) any service exacted in case of an emergency or calamity threatening the life or well-being of the community;
(d) any work or service which forms part of normal civic obligations.
Article 6
Every sapient being has the right to liberty and security of person.
No sapient being shall be deprived of this liberty save in the following cases and in accordance with a procedure prescribed by law:
(a) the lawful detention of a sapient being after conviction by a competent court;
(b) the lawful arrest or detention of a sapient for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;
(c) the lawful arrest or detention of a sapient effected for the purpose of bringing it before the competent legal authority of reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent its committing an offence or fleeing after having done so;
(d) the detention of a minor by lawful order for the purpose of educational supervision or its lawful detention for the purpose of bringing it before the competent legal authority;
(e) the lawful detention of sapient beings for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts, or vagrants;
(f) the lawful arrest or detention of a sapient being to prevent it effecting an unauthorized entry into the country or of a person against whom action is being taken with a view to deportation or extradition.
Every sapient being who is arrested shall be informed promptly, in a language which it understands, of the reasons for its arrest and the charge against it.
Every sapient being arrested or detained in accordance with the provisions of paragraph 1(c) of this article shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.
Every sapient being that is deprived of its liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of its detention shall be decided speedily by a court and its release ordered if the detention is not lawful.
Every sapient being who has been the victim of arrest or detention in contravention of the provisions of this article shall have an enforceable right to compensation.
Article 7
In the determination of its civil rights and obligations or of any criminal charge against it, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgement shall be pronounced publicly by the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security, where the interests of juveniles or the protection of the private life of the parties so require, or the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
Every sapient being charged with a criminal offence shall be presumed innocent until proved guilty according to law.
Every sapient being charged with a criminal offence has the following minimum rights: (a) to be informed promptly, in a language which it understands and in detail, of the nature and cause of the accusation against it;
(b) to have adequate time and the facilities for the preparation of its defence;
(c) to defend itself in person or through legal assistance of its own choosing or, if it has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
(d) to examine or have examined witnesses against it and to obtain the attendance and examination of witnesses on its behalf under the same conditions as witnesses against it;
(e) to have the free assistance of an interpreter or verified translation technologies if it cannot understand or speak the language used in court.
Article 8
No sapient being shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.
This article shall not prejudice the trial and punishment of any sapient being for any act or omission which, at the time when it was committed, was criminal according the general principles of law recognized by civilized nations.
Article 9
Every sapient being has equal rights to respect for its private and family life, its home and its correspondence.
There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Article 10
Every sapient being has equal rights to freedom of thought, conscience and religion; this right includes equal freedom to change its religion or belief, and equal freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in the interests of public safety, for the protection of public order, health or morals, or the protection of the rights and freedoms of others.
Article 11
Every sapient has equal rights to freedom of expression. This right shall include equal freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or the rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
Article 12
Every sapient being has equal rights to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.
Article 13
All sapient beings of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.
Article 14
Every sapient being whose rights and freedoms as set forth in this Accord are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.
Article 15
The enjoyment of the rights and freedoms set forth in this Accord shall be secured without discrimination on any ground such as sex, race, species, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Article 16
In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law.
No derogation from Article 3, except in respect of deaths resulting from lawful acts of war, or from Articles 4, 5 (paragraph 1) and 8 shall be made under this provision.
Any High Contracting Party availing itself of this right of derogation shall keep the Interstellar Council for Equal Rights fully informed of the measures which it has taken and the reasons therefore. It shall also inform the Interstellar Council for Equal Rights when such measures have ceased to operate and the provisions of the Convention are again being fully executed.
Article 17
Nothing in Articles 11, 12, and 15 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the political activity of foreigners.
Article 18
Nothing in this Accord may be interpreted as implying for any State, group or sapient being any right to engage in any activity or perform any act aimed at the destruction on any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention.
Article 19
The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed.
Article 20
Every sapient being has the right to seek and to enjoy in signatory nations asylum from persecution.
This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of these Accords.
SECTION II
Article 21
To ensure the observance of the engagements undertaken by the High Contracting Parties in the present Accord, there shall be set up:
an Interstellar Council for Sapient Rights, hereinafter referred to as 'the Council';
A Interstellar Court for Sapient Rights, hereinafter referred to as 'the Court'.
SECTION III
Article 22
The Council shall consist of a number of members equal to that of the High Contracting Parties. No two members of the Council may be nationals of the same state.
Article 23
Members of the Council shall be appointed at the discretion of each High Contracting Party.
Each High Contracting Party may appoint one Council Member, whom must be of its own nationality.
Article 24
Any High Contracting Party may refer to the Commission, through the Dahanese delegation, any alleged breach of the provisions of the Accords by another High Contracting Party.
Article 25
The Council may receive petitions addressed to the Dahanese delegation from any person, non-governmental organization or group of individuals claiming to the victim of a violation by one of the High Contracting Parties of the rights set forth in this Accord, provided that the High Contracting Party against which the complaint has been lodged has declared that it recognizes the competence of the Council to receive such petitions. Those of the High Contracting Parties who have made such a declaration undertake not to hinder in any way the effective exercise of this right.
Such declarations may be made for a specific period.
The declarations shall be deposited with the Dahanese delegation who shall transmit copies thereof to the High Contracting Parties and publish them.
Article 26
The Council may only deal with the matter after all domestic remedies have been exhausted, and within a period of six months from the date on which the final decision was taken.
Article 27
The Council shall not deal with any petition submitted under Article 25 which (a) is anonymous, or
(b) is substantially the same as a matter which has already been examined by the Council or has already been submitted to another procedure or international investigation or settlement and if it contains no relevant new information.
The Council shall consider inadmissible any petition submitted under Article 25 which it considers incompatible with the provisions of the present Accord, manifestly ill-founded, or an abuse of the right of petition.
The Council shall reject any petition referred to it which it considers inadmissible under Article 26.
Article 28
In the event of the Council accepting a petition referred to it:
(a) it shall, with a view to ascertaining the facts undertake together with the representatives of the parties and examination of the petition and, if need be, an investigation, for the effective conduct of which the States concerned shall furnish all necessary facilities, after an exchange of views with the Council;
(b) it shall place itself at the disposal of the parties concerned with a view to securing a friendly settlement of the matter on the basis of respect for Sapient Rights as defined in this Accord.
Article 29
The Council shall perform the functions set out in Article 28 by means of a Sub-Council consisting of five members of the Council.
Each of the parties concerned may appoint as members of this Sub-Council a person of its choice.
The remaining members shall be chosen by lot in accordance with arrangements prescribed in the Rules of Procedure of the Council.
Article 30
If the Sub-Council succeeds in effecting a friendly settlement in accordance with Article 28, it shall draw up a Report which shall be sent to the States concerned, to the Council of Members and to the Dahanese delegation for publication. This Report shall be confined to a brief statement of the facts and of the solution reached.
Article 31
If a solution is not reached, the Council shall draw up a Report on the facts and state its opinion as to whether the facts found disclose a breach by the State concerned of its obligations under the Accord. The opinions of all the members of the Council on this point may be stated in the Report.
The Report shall be transmitted to the Council of Members. It shall also be transmitted to the States concerned, who shall not be at liberty to publish it.
In transmitting the Report to the Council of Members the Council may make such proposals as it thinks fit.
Article 32
If the question is not referred to the Court in accordance with Article 48 of this Convention within a period of three months from the date of the transmission of the Report to the Council of Members, the Council of Members shall decide by a majority of two-thirds of the members entitled to sit on the Council whether there has been a violation of the Convention.
In the affirmative case the Council of Members shall prescribe a period during which the High Contracting Party concerned must take the measures required by the decision of the Committee of Ministers.
If the High Contracting Party concerned has not taken satisfactory measures within the prescribed period, the Council of Members shall decide by the majority provided for in paragraph 1 above what effect shall be given to its original decision and shall publish the Report.
The High Contracting Parties undertake to regard as binding on them any decision which the Council of Members may take in application of the preceding paragraphs.
Article 33
The Council shall meet 'in camera'.
Article 34
The Council shall take its decision by a majority of the Members present and voting; the Sub-Council shall take its decisions by a majority of its members.
Article 35
The Council shall meet as the circumstances require. The meetings shall be convened by the Dahanese delegation.
Article 36
The Council shall draw up its own rules of procedure.
Article 37
The secretariat of The Council shall be selected at random by the Dahanese delegation.
SECTION IV
Article 38
The Interstellar Court for Sapient Rights shall consist of a number of judges equal to that of the Members of the Council of Europe. No two judges may be nationals of the same State.
Article 39
The members of the Court shall be elected by the Council by a majority of the votes cast from a list of persons nominated by Members of the Council; each Member shall nominate three candidates, of whom two at least shall be its nationals.
The candidates shall be of high moral character and must either possess the qualifications required for appointment to high judicial office or be jurisconsults of recognized competence.
Article 40
The members of the Court shall be elected for a period of nine years. They may be re-elected.
A member of the Court elected to replace a member whose term of office has not expired shall hold office for the remainder of his predecessor's term.
The members of the Court shall hold office until replaced. After having been replaced, they shall continue to deal with such cases as they already have under consideration.
Article 41
The Court shall elect the President and Vice-President for a period of three years. They may be re-elected.
Article 42
The members of the Court shall receive for each day of duty a compensation to be determined by the Council of Members.
Article 43
For the consideration of each case brought before it the Court shall consist of a Chamber composed of five judges. There shall sit as an 'ex officio' member of the Chamber the judge who is a national of any State party concerned, or, if there is none, a person of its choice who shall sit in the capacity of judge; the names of the other judges shall be chosen by lot by the President before the opening of the case.
Article 44
Only the High Contracting Parties and the Council shall have the right to bring a case before the Court.
Article 45
The jurisdiction of the Court shall extend to all cases concerning the interpretation and application of the present Accord which the High Contracting Parties or the Council shall refer to it in accordance with Article 48.
Article 46
Any of the High Contracting Parties may at any time declare that it recognises as compulsory 'ipso facto' and without special agreement the jurisdiction of the Court in all matters concerning the interpretation and application of the present Accord.
The declarations referred to above may be made unconditionally or on condition of reciprocity on the part of several or certain other High Contracting Parties or for a specified period.
These declarations shall be deposited with the Dahanese delegation who shall transmit copies thereof to the High Contracting Parties.
Article 47
The Court may only deal with a case after the Commission has acknowledged the failure of efforts for a friendly settlement and within the period of three months provided for in Article 32.
Article 48
The following may bring a case before the Court, provided that the High Contracting Party concerned, if there is only one, or the High Contracting Parties concerned, if there is more than one, are subject to the compulsory jurisdiction of the Court, or failing that, with the consent of the High Contracting Party concerned, if there is only one, or of the High Contracting Parties concerned if there is more than one:
(a) the Council;
(b) a High Contracting Party whose national is alleged to be a victim;
(c) a High Contracting Party which referred the case to the Council;
(d) a High Contracting Party against which the complaint has been lodged.
Article 49
In the event of dispute as to whether the Court has the jurisdiction, the matter shall be settled by the decision of the Court.
Article 50
If the Court finds that a decision or a measure taken by a legal authority or any other authority of a High Contracting Party, is completely or partially in conflict with the obligations arising from the present Accord, and if the internal law of the said Party allows only partial reparation to be made for the consequences of this decision or measure, the decision of the Court shall, if necessary, afford just satisfaction to the injured party.
Article 51
Reasons shall be given for the judgement of the Court.
If the judgement does not represent in whole or in part the unanimous opinion of the judges, any judges shall be entitled to deliver a separate opinion.
Article 52
The judgement of the Court shall be final.
Article 53
The High Contracting Parties undertake to abide by the decision of the Court in any case to which they are parties.
Article 54
The judgement of the Court shall be transmitted to the Council of Members which shall supervise its execution.
Article 55
The Court shall draw up its own rules and shall determine its own procedure.
Article 56
The first election of the members of the Court shall take place after the declarations by the High Contracting Parties mentioned in Article 46 have reached a total of five.
No case can be brought before the Court before this election.
SECTION V
Article 57
On receipt of a request from any Council Member any High Contracting Party shall furnish an explanation of the manner in which its internal law ensures the effective implementation of any of the provisions of this Accord.
Article 58
The expenses of the Council and the Court shall be borne by the Dahanese Commonwealth and agreed contributions from signatory States.
Article 59
Nothing in this Accord shall be construed as limiting or derogating from any of the sapient rights and fundamental freedoms which may be ensured under the laws of any High Contracting Party or under any other agreement to which it is a Party.
Article 60
The High Contracting Parties agree that, except by special agreement, they will not avail themselves of treaties, conventions or declarations in force between them for the purpose of submitting, by way of petition, a dispute arising out of the interpretation or application of this Accord to a means of settlement other than those provided for in this Accord.
Article 61
Any State may at the time of its ratification or at any time thereafter declare by notification addressed to the Council that the present Accord shall extend to all or any of the territories for whose international relations it is responsible.
The Accord shall extend to the territory or territories named in the notification as from the thirtieth day after the receipt of this notification by the Council.
The provisions of this Accord shall be applied in such territories with due regard, however, to local requirements.
Any State which has made a declaration in accordance with paragraph 1 of this article may at any time thereafter declare on behalf of one or more of the territories to which the declaration relates that it accepts the competence of the Council to receive petitions from individuals, non-governmental organizations or groups of individuals in accordance with Article 25 of the present Accord.
Article 62
Any State may, when signing this Accord or when depositing its instrument of ratification, make a reservation in respect of any particular provision of the Accord to the extent that any law then in force in its territory is not in conformity with the provision. Reservations of a general character shall not be permitted under this article.
Any reservation made under this article shall contain a brief statement of the law concerned.
Article 63
A High Contracting Party may denounce the present Accord only after the expiry of five years from the date of which it became a Party to it and after six months' notice contained in a notification addressed to the Dahanese delegation, who shall inform the other High Contracting Parties.
Such a denunciation shall not have the effect of releasing the High Contracting Party concerned from its obligations under this Accord in respect of any act which, being capable of constituting a violation of such obligations, may have been performed by it before the date at which the denunciation became effective.
The Accord may be denounced in accordance with the provisions of the preceding paragraphs in respect of any territory to which it has been declared to extend under the terms Article 61.
Article 64
This Accord shall be open to all nations. It shall be ratified. Ratifications shall be deposited with the Dahanese delegation.
The present Accord shall come into force after the deposit of three instruments of ratification.
As regards any signatory ratifying subsequently, the Accord shall come into force at the date of the deposit of its instrument of ratification.
Article 65
All signatory States must comply with the decisions of the Council and the Court.
A signatory State which fails to comply with these Accords within the allotted time period may, at the discretion of the Council, risk punishment via:[list] (a) fines or other compensatory punishments;
(b) cessation of diplomatic relations;
(c) trade restrictions, embargoes and/or blockades;
(d) the declaration of a state of war between the signatory State and the Council Members.
All signatory States acknowledge that they risk being inflicted with these punishments in the event of their failure to uphold the articles of this Accord.
[OOC: I have never crafted something like before, and have basically taken the bulk of the EU human rights convention and redressed it to be more relevant for our time period (not to mention the preamble taken from the UN declaration of human rights) - I figure, if it's good enough for our world leaders, it's good enough for us, right? I think it covers everything, however, feel free to suggest changes or additions, either IC or OOC. Though I shall create a post below this to note down signatory nations, it will not be ratified until I'm confident that most are happy with it.]