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Statute

 

United Nations Charter Amendments HA-29-8-07

 

To Amend Chapters XII and XIII of the Charter of the United Nations

 

Be it enacted by the President of the United States and the Senate, Appearing, Referred to the US Ambassador to the United Nations for Adoption by the General Assembly and Security Council.

 

This Treaty amends the UN Charter under Chapter XVIII at Art. 108 whereby amendments shall come into force for all Members of the United Nations when they have been adopted by a vote of two thirds of the members of the General Assembly and ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations, including all the permanent members of the Security Council.  Chapter XII International Trusteeship System Arts. 75-85 is amended as ordered in paragraph 177 of the Draft Outcome Document of 13 September 2005 of the World Summit to establish an international system of 1% social security taxation that appears on the pay-stubs of workers and beneficiaries worldwide.  Chapter XIII Trusteeship Council Arts. 86-91is amended as ordered in the Outcome Document of the 2005 World Summit of 22 September 2005 that called for the Human Rights Commission to change their name to the Human Rights Council and adopt a parliamentary function.  The Human Rights Council was established in General Assembly Resolution A/60/251 of 3 April 2006.  The Council comprises between 30 and 50 members, each serving for three years, directly elected by the General Assembly, by a two-thirds majority. The Council is primarily responsible for promoting universal respect for and observance and protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner, recognizing their indivisible, inalienable right to self determination and interrelated culture of all people. 

 

Chapter XII International Tax Administration HA-16-9-06

 

Article 75

 

The United Nations shall establish under its authority an international social security taxation system for the administration and supervision of such territories as may be placed there-under by subsequent individual agreements. These territories are hereinafter referred to as Member States.

 

Article 76

 

The basic objectives of the taxation system, in accordance with the Purposes of the United Nations laid down in Article 1 of the present Charter, shall be:

 

a. to further international peace and security;                                                                                                              

b. to promote the political, economic, social, and educational advancement of the inhabitants of the Member States, and their progressive development towards self-government or independence as may be appropriate to the particular circumstances of each territory and its peoples and the freely expressed wishes of the peoples concerned, and as may be provided by the terms of each social security agreement;

c. to encourage respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion, and to encourage recognition of the interdependence of the peoples of the world; and

d. to ensure equal treatment in social, economic, and commercial matters for all Members of the United Nations and their nationals, and also equal treatment for the latter in the administration of social security.

 

Article 77

 

1. The taxation system shall apply to such territories in the following categories as may be placed there-under by means of social security agreements:

 

a. least developed countries who are entitled to the largest per capita benefit payment;

b. middle income developing nations who are exempt from either taxation or benefit but fertile for investment;

c. donor nations responsible for making annual contributions to the international social security system.

 

2. It will be a matter for subsequent agreement as to which Member States in the foregoing categories will fulfill their obligations to give money to the poor.

 

Article 78

 

The taxation system shall apply to all territories and people who have become Members of the United Nations, relationship among whom shall be based on respect for the principle of sovereign equality.  The UN taxation system will be a social security tax on the pay-stub of workers and social security administration in the books of the treasuries of least developed countries.


Article 79

 

The terms of taxation for each territory to be placed under the social security system, including any alteration or amendment, shall be agreed upon by the states directly concerned, taking into consideration the donor classification in Art. 77(1)(c) and the mandate to wealthy Member Nations for contributions totaling 0.7% of GDP or 1% of GNI.

 

Article 80

 

1. Except as may be agreed upon in individual taxation agreements, made under Articles 77(1)(c), 79, and 81, placing each wealthy territory under the taxation system, without altering in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments to which Members of the United Nations may respectively be parties.

 

2. Paragraph 1 of this Article shall not be interpreted as giving grounds for delay or postponement of the negotiation and conclusion of agreements for placing least developed nations and other needy territories under the social security system as provided for in Article 77(1)(a).

 

Article 81

 

The taxation agreement shall in each case include the terms under which the wealthy territory will be collected and designate the authority which will exercise the collection of taxation of the developed nation. Such authority, hereinafter called the tax authority, may be one or more states or the Organization itself.

 

Article 82

 

There may be designated, in any administrative agreement, a regional area which may include part or all or a collection of impoverished territories to which the social security agreement for the payment of  benefits to poor individuals applies on the basis of the national poverty line.

 

Article 83

 

1. All functions of the United Nations relating to administrative areas, including the approval of the terms of social security agreements and of their alteration or amendment shall be exercised by the General Assembly.

 

2. The basic objective in Article 76 shall be applicable to the people of each region.

 

3. The General Assembly shall, subject to the provisions of the trusteeship agreements and without prejudice to security considerations, avail itself of the assistance of the Security Council to perform those functions of the United Nations under the taxation system relating to political, economic, social, and educational matters in strategic areas.

 

Article 84

 

It shall be the duty of the administering authority to ensure that the Member State shall play its part in the maintenance of international social security. To this end the administering authority may make use of volunteer forces, facilities, and assistance from the territory in carrying out the obligations to poor individuals in this social security tax undertaken in this regard by the administering authority.

 

Article 85

 

1. The functions of the United Nations with regard to taxation agreements for all areas not designated as regional, including the approval of the terms of the taxation agreements, the apportionment of benefits in the commonwealth, and of their alteration or amendment, shall be exercised by the General Assembly.

 

2. The Committee on Contributions, operating under the authority of the General Assembly shall assist the General Assembly in carrying out these functions.

 

Chapter XIII Human Rights Council HA-16-9-06

 

COMPOSITION

 

Article 86

 

1. The Human Rights Council shall comprise between 30 and 50 members, each serving for a period of three years, to be elected directly by the General Assembly, by a two thirds majority. In establishing the membership of the Council, due regard shall be given to the principle of equitable geographical distribution and the contribution of Member States to the promotion and protection of human rights;

 

2. Those elected to the Council should undertake to abide by human rights standards in their respect for and protection and promotion of human rights, and will be evaluated during their term of membership under the review mechanism, unless they have been evaluated shortly before the start of their term in the Council.

 

RESPONSIBILITY

 

Article 87

 

The Council will be the organ primarily responsible for promoting universal respect for and observance and protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner, recognizing their indivisible, inalienable and interrelated culture.  The treaty bodies the Council reviews are:

 

a. High Commissioner of Human Rights

b. Council on Human Rights

c.  Committee on Migrant Workers

d.  Committee on Economic, Social and Cultural Rights

e.  Committee on the Elimination of Discrimination against Women

f.   Committee on the Rights of the Child

g.  Committee on the Elimination of Racial Discrimination

h.  Committee against Torture

 

FUNCTION

 

Article 88

 

The Council will be:

 

1. The forum for dialogue on thematic issues relating to all human rights and fundamental freedoms and make recommendations to the General Assembly for the further development of international law in the field of human rights;

 

2. To promote international cooperation to enhance the abilities of Member States to implement human rights commitments, including international norms and standards, and the provision of assistance by the Office of the United Nations High Commissioner for Human Rights to Member States, at their request, through programmes of advisory services, technical cooperation and capacity-building;

 

3. Promote effective coordination and the mainstreaming of human rights within the United Nations system, including by making policy recommendations to the General Assembly, the Security Council, the Economic and Social Council and other United Nations bodies. The Council should also work in close cooperation with regional organizations in the field of human rights;

 

4. Evaluate the fulfillment by all States of all their human rights obligations, in particular under the Charter and the Universal Declaration of Human Rights. This procedure will not duplicate the reporting procedures being carried out under the human rights treaties;

 

5. Address any matters or situations related to the promotion and protection of human rights, including urgent human rights situations, and make recommendations thereon to the Member States and provide policy recommendations to the United Nations system and petitioners.

 

VOTING

 

Article 89

 

1. Each member of the Council shall have one vote. 

 

2. Decisions of the Council shall be made by a majority of the members present and voting.                                                                                                                                                                   

 

PROCEDURE

 

Article 90

 

1. The Council shall adopt its own rules of procedure, including the method of selecting its High Commissioner.

 

2. The Council shall meet as required in accordance with its rules, which shall include provision for the convening of meetings on the request of a majority of its members.

 

Article 91

 

1. The Council shall submit an annual report to the General Assembly.

 

2. The Council shall, when appropriate, avail itself of the assistance of the Economic and Social Council and of the specialized agencies in regard to matters with which they are respectively concerned. 

 

3. The arrangements made by the Economic and Social Council for consultations with non-governmental organizations under Article 71 of the Charter shall apply to the Council.

 

Sanders, Tony J. title24uscode@aol.com