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March 12. 2008 Evident, That All Men Are Created Leeward Community College Equal, That They Are Endowed by Their Creator with Certain Unalienable Rights, That Jon M

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March 12. 2008 Evident, That All Men Are Created Leeward Community College Equal, That They Are Endowed by Their Creator with Certain Unalienable Rights, That Jon M • I Declaration of Independence (1776) Globalization and Human Rights "We hold these truths to be self­ March 12. 2008 evident, that all men are created Leeward Community College equal, that they are endowed by their Creator with certain unalienable Rights, that Jon M. Van Dyke among these are Life, Wm. S. Richardson School of Law Liberty and the pursuit University of Hawaii at Manoa of Happiness. -- Are There "Inalienable" or * lIa certain "Natura'" or "Universa'" Human universe of Rights? values having 'UIII ' I'~. .L do with human If so , where can we find them? dignity" • "understood Are they the same all over the to apply across I world, or do different cultures national have different boundaries & values ~ cultural divides and respect different "'~ rights? ..... Navajo i said that "proeer to enact Jaws the protections of rulers "[Tlhe idea of being superior to a fellow only ' or "to enact laws to enrich the chiefs only, Navajo or nature is discouraged. There is an without regard to the enriching of their subjects also." innate know/edge in each one of us that we The Declaration also recognized property rights, are to treat with respect all persons and stating that "Protection is hereby secured to the nature with whom we share this world. " persons of a/l the people, together with their lands, their building lots and all their property while they conform to the laws of the kingdom, and nothing W'hh~at:i:ev~;e::r,./, lu!'P~~~ 1 shalJ be taken from allY jf, Navajo except by express protection of Delegation the laws." 1874 King Komehameha ITI University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection Nazi Concentration Camps • "Freedom of speech and 1 . :..- expression" ,. .. .. - ';;:;" , .J' :;;.::. • "Freedom of every person to .-'- worship God in his own way" • "Freedom from want.... eloorlornic understandings which wi ll secure to every nation a healthy peacetime life for its inhabitants everywhere in the world" • "Freedom from fear ... a world-wide reduction of armaments to such a point...that no nation will be in a position to commit an act of physical aggression against any neighbor- in the world" Nuremburg Charter victims -- six million were Article 6 murdered. * Crimes against peace • Roma and Sinti (Gypsies), people with mental and physical disabilities, * War crimes and Poles were also targeted for destruction or * Crimes decimation for racial, ethnic, or national reasons . against * Millions more, including homosexuals, Jehovah's Witnesses, Soviet prisoners of humanity war, and political dissidents, also suffered urI'.ve)us oppression and death under Nazi NuremburgTrial­ Major De.fer.dants (1946) Article 55 - UN Charter With a view to the crea tion of conditions of stability and well-being which are necessary for peaceful and friend ly relations among nations based on re spect for the principle of equal rights and self-determ ination of peoples, the United Nations shall promote: ... C. universal respect for, and observance of, human rights and fundamental freedl)m,.1 for alJ without distinction as to race, sex, language, or religion. 2 University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection UNIVERSAL INTERNATIONAL COVENANT ON CIVIL DECLA TION OF AND POLITICAL RI GHTS (1966) - about 160 ratifications - U.S. ratified in 1992 -- accepted state HUMAN RIGHTS (1948) v. state complai nts under Art. 41 -- adopted by U.N. General OPTIONAL PROTOCOL TO ICC PR (1966) Assembl y - allows citi zens to bring comp laints again st their own governm ent to the J-Iu man Rights Committee in CONVENTION ON THE Geneva - U. S. has no t signed or rat ifi ed PREVENTION AND PUNISHMENT OF INTERNAT IONAL COVENANT ON THE CRIME OF GENOCIDE (1948) ECONOM IC, SOCIAL AND CU LTURAL AMERICAN DECLARATION OF THE RIGHTS (1966) - more than 130 ratifications­ RIGHTS AND DUTIES OF MAN (OAS U.S. has signed but not ratified. 1948) INTERNA TIONAL CONVENTION ON THE ELIMI NATION OF ALL FORMS OF RA('J AI. n1SrRIMI ( 1%01 Regional Human Rights Conventions Article 1: [T]he term 'torture' means any act • 1953 European Convention on which severe pain or suffering, whether physical mental, is intentionally inflicted on a person for Human Rights such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or IS • 1969 American Convention on suspected of having committed, or intimidating or Human Rights coercing him or a third person, or for any reason based on discrimination of any kind, when pain or suffering is inflicted by or at the instigation of or • 1981 African Charter on with the consent or acquiescence of a public official or other person acting in an official Human and People's Rights capacity. It does not include pain or suffering arising on ly from, inherent in or incidental to lawful sanctions. Ratifications of Torture • _. Philippines Convention (2005) Chm" 3 University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection Ferd inand E. Marcos Imelda Marcos OC TOber 21 . 1966 Ferdinand E. Iravel·images.com And Imelda Marcos Ferdinand Marcos Declaring Martial Law Sept. 21 , 1972 ).~-;- . "~"':;;'::~~~~ .. _. .. -.. - 4 University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection '~r.".·. II. .. , . OIU'U ."If' , . ,"'.......... , "'_'.... -. ......e OI , d . ,,~ ... ~~ ...... , 11.1~!t,""."" ......... ~ c.-.o .....u ...... O"-I 0(,JI ...... _ ' '''''' .f " ~""'"_ ......" .. ~ .... .. ,... ,....... , ..... .. .... ......;o>'''~ ....... ......" " ... """ . ...""".,, ;,- ..... , .... ..., ...... ...I ....' ,''' c..w,"_.' "r I~", . ... ",,,, . ' ...... " .........._. ( .... 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I.'"ot oI,""I... ~ . _"f. .... <j.o.~_ ''' ...... ·... .. ~7~"' .... n:p.li Ml~~ "...... , R,,,,,tli< 01 "'" I'hllippi .... ; MAJ ...... ,mON CE:-;TER5 .... ,/"'., . ~'fliE PH Il./l'!'I:-':ES , ~:;""".C· : ... ~ ' ~;5~~~~: . - K _ _ '_" ~<' ~h .. --, .... -., .... -.. :;.,~~ ~ ~ ~ ~ ., ~~. .. .. -~ :.~.,., ',,,,," -,,, I .... .... , " ,' 5 University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection , , ,- ... ,.~, - .... .. .-... - -. _, -"~~ .. -,,... .. ... h __ 0-_ ... ~:;;.;, : ," . - ' ...... ." '"~", ""-~~' ... ,_r. _. ", ~ ,,_.,-.. Ferdinand & Imelda Marcos Campaigning During the 1986 ' Snap" Election Cory Aquino 6 University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection Ferdinand E. Marcos, Geo rge & Jean Ar iyoshi. Honol ul u March 1986 Stephen W . Bosworth U.S. Ambassador to the Philippines, 1984-87 I ooworder Mrs. Aquinp to Slep' down. gi\t. lht~pnmcnt to my vICe prcs ldent, and. \\'alt lor my n:tum ... Bong Bong & Imelda Viewing Casket Ferdinand E. Marcos 7 University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection Imee Marcos-Manotoc, leader of the 1980s * Ferdinand Marcos fled Manila & came to Honolulu * Trajano complaint was served on him and on his daughter Imee Marcos-Manotoc * She did not answer the complaint * Class complaint was also served Agapita Trajano. mother of Congresswoman Archie Trajano. Imee with her attorney. Marcos-Manotoc Sherry Broder Was it appropriate to file a claim on behalf of Filipinos who were Robert abused in the Philippines in the US Swift District Court for the District of Hawaii? 8 University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection Marcos Human Rig hts Litigation 18, 1986 Was it appropriate to file a claim on FOllg dismissed the cases against behalf of Filipinos who were abused in the Marcos based on th e nct o/slMe doctrille. Philippines in the US District Court for the 1989 -Ninth Circuit re vcr9.!d; District of Hawaii? Ferdinaud E, Marcos died.
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