Charter of the International Tribunal of Conscience of Peoples in Movement (ITCPM) (SEPT 2015 version)
Charter of the International Tribunal of Conscience of Peoples in Movement (ITCPM)
(REVISED VERSION SEPTEMBER 2015)
“NO HUMAN BEING IS ILLEGAL”
“ALL RIGHTS FOR ALL, WITHOUT BORDERS”
Objectives of the Tribunal and Frameworks for Consideration of Cases and Evidence
1. To make visible, investigate, document, judge, and determine the ethical and/or legal responsibility of states, governments, corporations, institutions, organizations and/or persons implicated in policies or practices which result in violations of the dignity and/or rights of migrants, refugees, and the displaced (“peoples in movement”), and/or of their families, communities, and peoples, in countries or places of origin, transit, and destination throughout the world, and of the rights of all victims of serious human rights violations a) within the framework of patterns and practices of state, structural, and/or systemic violence, including state terror and paramilitarism b) including their rights to migrate, not to migrate, and not to be forcibly displaced, which together lay the foundation for the universal right to freedom of movement, transit, and/or “human mobility”, “hospitality”, or ius migrandi (see Arts. 13 and 14 of the Universal Declaration of Human Rights of 1948), and/or of their to right to remain in their current place of residence, or to return to their place of origin;
2. To analyze representative cases of serious human rights violations, and violations of the dignity and/or rights of migrants, refugees, the displaced (“peoples in movement”), and/or of their families, communities, and peoples, and to judge and determine the responsibility of state and/or corporate actors in light of the minimums established by relevant international, regional or national instruments and/or jurisprudence, customary law, and their interpretation, as provided by Art. 38 of the Statute of the International Court of Justice (1945); and/or a) the ethical imperatives which underlie the demands of movements and peoples, and their insurgent legitimacy within the context of the exercise of their right to resistance and rebellion, including the exercise of the right to freedom of movement as an expression of a process of liberation;
b) from the perspective of alternative law, including the right to universal citizenship, social and/or political membership,and/or participation based upon residence or domicile, and people´s rights to freely choose their own destiny and life projects, as an expression of their right to self- determination, as recognized in the Statute of the Permanent People´s 2 Tribunal, based upon the Universal Declaration of the Rights of Peoples (Algiers Declaration, July 4, 1976, Arts. 1-7);
c) the rights recognized and demands included in the People´s Agreement adopted by the World People´s Summit on Climate Change and the Rights of Mother Earth on April 22d 2010, and in the Charter of Rights of Undocumented Workers adopted in Mexico City on April 30th, 1980, among other sources;
d) to recommend immediate, interim or medium term, and long term precautionary and/or remedial measures based upon the rights to justice, compensation, reparation and/or restitution of harms; to truth, and/or reconciliation, applicable to each case as appropriate, and with regard to the systematic patterns and practices which they might reflect; e) to contribute from a critical, counter-hegemonic perspective not only to enhancing or deepening existing legal frameworks, but also to the expansion of their reach in terms of the recognition of rights, and to their transformation “from below”;
f) to consider all claims and all forms of evidence presented (oral, written, and through all audiovisual means, recordings, testimony, documentation, reports, studies, etc.) from the perspective of the Pro Persona principle (all doubts resolved in favor of the victims of serious human rights crimes, and the adoption of the interpretation most favorable to the broadest possible understanding of the rights and remedies at issue), in the interests of justice;
g) to facilitate the processing of appropriate cases into relevant international, regional, and national inter-governmental and non- governmental institutional channels and frameworks of public action, policy, and opinion, including coordination and collaboration as necessary regarding convergent issues with other Tribunals of Consciente or similar mechanisms (such as The Tribunal of Migrant and Refugee Women in Argentina, the Permanent People´s Tribunal, the International Tribunal on Climate and Environmental Justice, the Latin American Tribunal on Water, the Tribunal on Sexual Violence during the armed conflict in Guatemala, the International Tribunal on Trade Union Freedoms, and the Benito Juárez International Tribunal, among others).: h) to disseminate its findings broadly, throughout the world, at minimum in equally authoritative versions in English and Spanish, and in other languages to the extent possible Key Dates, Frameworks
1. The International Tribunal of Conscience conducted its first session within the framework of the Iv World Social Forum on Migration (WSFM; http://www.fsmm2010.ec/) held in Quito, Ecuador, Oct. 8-12, 2010;
2. The Tribunal´s second session was held in Mexico City from Nov. 4th to 6th 2010, and in Guadalajara, Mexico, focused on the case of the ExBraceros, on Nov. 9, 2010, as part of the Global Alternative Forum of Peoples in Movement (which was among the counter-hegemonic spaces and activities organized in response to the Ivth Global Forum on Migration and Development (GFMD) to be held in Puerto Vallarta from Nov. 8-11, organized by the Mexican government and the BBVA Bancomer Foundation;
3. The Tribunal´s focus between November 2011 and November 2014 was on supporting the 3 year process of hearings in Mexico organized by the Permanent Peoples Tribunal (PPT).
4. Dates, locations, and characteristics of subsequent sessions of the Tribunal will be determined by its Permanent Secretariat.
5. The hearings in NY between September 25 and 27 constitute a special session of the Tribunal, which initiate a process focused on generalized, recurrent violations of human rights in Mexico, and the role played by U.S policy in exacerbating this crisis in contexts such as the cases of Ayotzinapa, the San Fernando Massacre and mass graves, the Acteal Massacre, etc.