Hospitals & Asylums    

                                                                            

President of the General Committee Jan Eliasson

Chairman of the First Committee on Disarmament and International Security: H.E. Mr. Choi Young-jin (Republic of Korea)

Chairman of the Second Committee Economic and Financial:  H.E. Mr. Aminu Bashir Wali (Nigeria)

Chairman of the Social, Humanitarian and Cultural Third Committee:  H.E. Mr. Francis K. Butagira (Uganda)

Chairman of the Special Political and Decolonization Fourth Committee: Yashar Aliyev (Azerbaijan)

Chairman of the Administrative and Budgetary Fifth Committee: His Excellency Mr. John W. ASHE (Antigua and Barbuda)

Chairman of the Legal Sixth Committee: H.E. Mr. Juan Antonio Yañez-Barnuevo (Spain)

Secretary General of the United Nations and Leader of the Credential Committee Koffi A. Annan

 

Agenda for the Eight Committees of the 60th UN General Assembly HA-10-12-05

 

1. The Rules of Procedure of the General Assembly of 31 December 1984 are reviewed for the first time by the prospective United Nations Hospitals & Asylums Political Party, in this treatise.  Under Rule 78 and 120 Proposals and Amendments shall be submitted in Writing to the Secretary General, who shall circulate them to the delegates. The Secretary General is reached under Art. 36 of the Statute of the Court by state parties summoned at the request of Hospitals & Asylums (HA) underwriting Art. 34 and pursuance to Art. 26(1)(end) of the Rules of Court for:

 

a. The $25 billion African Social Security settlement of Tony Blair and Tony Sanders to be accounted for under Rule 160 whereby the Committee on Contributions advises the General Assembly concerning the apportionment of expenses, of the AU, amongst Members broadly according to the capacity to pay.  The scale of assessments once fixed by the General Assembly shall not change for three years and should be done first thin in 2006 HA-7-6-5 

 

b. Afghanistan & Iraq v. United States of America to be revised for the HA Winter Solstice report to admit the controversy of Chapter 1: the Military Department (MD) to the First Committee under Annex II the Rules of Procedure that recommends whenever a Committee contemplates making a recommendation to the General Assembly to request an Advisory Opinion from the International Court of Justice the matter may, at some appropriate stage in its consideration by a Committee, be referred to the Sixth Committee for advice on the legal aspects and on the drafting of the request, or the matter may be decided by a joint Committee with the Sixth Committee to draft the requested Application for an Advisory Opinion Regarding the Application of Art. 118 of the Third Geneva Convention by Memorial Day 2006 HA-2-11-04    

c. Beginning the United Nations Hospitals & Asylums Political Participation Year of HA-25-5-05 informed as if under Rule 28 whereby the Credential Committee reports (to states) upon credentials without delay, when Hospitals & Asylums (HA) at www.title24uscode.org is to be honorably mentioned in an organizational session report of the NGO Section of ECOSOC.

d. The establishment of a drafting Committee under Rule 161 whereas the General Assembly may establish such subsidiary organs as it deems necessary for the performance of its functions, to consider the amendments to the UN Charter precipitated by the decision to legislate the Human Rights Council ordered by the Outcome Document(s) of the World Summit codified in a first draft of amendments to specified articles and Chapters of the UN Charter, preserved at the conclusion of this document… 

 

2. A Special Session of the General Assembly may be convened within 15 days of receipt of the Secretary General by request of the Security Council or a Majority of Members pursuant to Rule 8. 

 

3. Under Rule 9 (a) Any member of the United Nations may request the Secretary General to convene a special session of the General Assembly.  The Secretary General shall immediately inform the other Members of the request and inquire whether they concur in it.  If within 30 days of the date of communication of the Secretary General a majority of Members concur in the request a special session of the General Assembly may be convened in accordance with Rule 8. 

 

4. Under Rule 100 Each Member may be represented by one person on each Main Committee.  Under Rule 101 upon designation of the Chairman of the delegation, advisors, technical advisors, experts or persons of similar status may act as members of Committees.  

 

5. In the Address of US Secretary of State Condoleeza Rice to the 60th General Assembly she said, In moments of tumultuous historical change, leaders must become architects of a better world.  We must survey the new international landscape lay firm foundations of moral principle and build institutions that reflect our unique moment in history. It is these institutions that enable citizens of conviction to lead us ever closer to the ideals of justice that stir every soul – the universal desire for security, and prosperity, and liberty, and dignity. 

 

6. The Statement of the European Union accompanying the speech of the Rt. Hon. Jack Straw MP Foreign Secretary of the United Kingdom of Great Britain and Northern Ireland to the General Debate of the 60th Session of the General Assembly informs us that EU member states pay about half of all voluntary donations to humanitarian and development activities as well as nearly 40 per cent of the cost of the UN's regular budget and UN peacekeeping operations.

 

7. Under Rule 160 the Committee on Contributions shall advise the General Assembly concerning the apportionment of expenses of the organization amongst Members broadly according to the capacity to pay.  The scale of assessments once fixed by the General Assembly shall not change for three years. 

 

8. The theme is Disarmament; Maintenance of international peace and security; Promotion of human rights!!!

 

9. Agenda item 100 Establishes a nuclear-weapon-free zone in the region of the Middle East that is monitored in a report of the Secretary-General Regarding the risk of nuclear proliferation in the Middle East

 

10. Allocation of Agenda Items to the First Committee for Disarmament A/C.1/60/1 gives priority to the (a) Reduction of military budgets; (b) Objective information on military matters, including transparency of military expenditures.

 

11. Allocation of items to the Special Political and Decolonization Committee (Fourth Committee) A/C.4/60/1 support the Implementation of the Declaration on the Granting of Independence to

Colonial Countries and Peoples.

 

12. Allocation of Agenda items to the Second Committee on Economics and Finance A/C.2/60/1 strengthens the coordination of humanitarian and disaster relief assistance of the United Nations, including special economic assistance (b) Provides Special economic assistance to individual countries or regions.

 

13. Allocation of items to the Social, Humanitarian and Cultural Third Committee A/C.3/60/1 for the Maintenance of international peace and security the Report of the United Nations High Commissioner for Refugees, answers questions relating to refugees, returnees and displaced persons and humanitarian questions.

 

14. According to the Report of the United Nations High Commissioner on Refugees to the 60th General Assembly Supplement No. 12 A/60/12 The total population of concern to UNHCR at the end of 2004 was 19.2 million.  During 2004, an estimated 1.5 million refugees repatriated voluntarily to their countries of origin. The largest number of refugees repatriated to Afghanistan from the Islamic Republic of Iran (515,000) and from Pakistan (424,500). Large-scale refugee returns also took place to Iraq (194,000), mainly from the Islamic Republic of Iran. Some 90,000 refugees returned to Burundi mainly from the United Republic of Tanzania, and over 80,000 Angolans returned from Zambia (46,500) and the Democratic Republic of the Congo (34,000). Other significant voluntary movements concerned refugees returning to Liberia (56,900), Sierra Leone (26,300), Somalia (18,100), Rwanda (14,100), the Democratic Republic of the Congo (13,800), and Sri Lanka (10,000).

 

15. Naturalization is available to refugees and stateless persons in some asylum countries only and is not always reported. In 2004, UNHCR was informed about significant numbers of refugees being granted citizenship in the Russian Federation (8,400), Armenia (4,150), Mexico (1,430), Kyrgyzstan (1,060), Ukraine (250) and Belize (130). Some 125,000 former East Timorese refugees elected to be and were registered as Indonesian citizens.  During 2004 almost 30,000 refugees were resettled under UNHCR auspices. The main beneficiaries included refugees from Liberia (5,610), Sudan (5,050), Somalia (4,870), Afghanistan (2,710), the Islamic Republic of Iran (2,190), Myanmar (1,900), Ethiopia (1,490) and the Democratic Republic of the Congo (1,290). First-asylum countries with the largest numbers of refugees departing for resettlement were Kenya (5,640), Côte d’Ivoire (4,480), Egypt (4,110), Turkey (2,290) and Thailand (1,594). In addition some 9,100 others of concern to the Office were resettled with UNHCR’s assistance. For the 30 countries where data was available at the end of last year, the total number of stateless persons was estimated to be 1.5 million.

 

16. The Right of peoples to self-determination is inherent in the resolution of Human rights questions:

(a) Implementation of human rights instruments;

(b) Human rights questions, including alternative approaches for improving

the effective enjoyment of human rights and fundamental freedoms;

(c) Human rights situations and reports of special rapporteurs and

representatives;

(d) Comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action;

(e) Report of the United Nations High Commissioner for Human Rights. A/60/40 (Vol. I)

 

17. The present annual report covers the period from 1 August 2004 to 31 July 2005 and the eighty-second, eighty-third and eighty-fourth sessions of the Human Rights Committee. Since the adoption of the last report, two States (Liberia and Mauritania) became parties to the International Covenant on Civil and Political Rights, Honduras became party to the Optional Protocol and San Marino to the Second Optional Protocol, thus bringing the total of States parties to the Covenant to 155, to the Optional Protocol to 105, and to the Second Optional Protocol to 54.

 

18. As at 31 July 2005, 48 States had made the declaration envisaged under article 41, paragraph 1, of the Covenant. In this respect, the Committee appeals to States parties to make the declaration under article 41 of the Covenant and to use this mechanism, with a view to making the implementation of the provisions of the Covenant more effective.

 

19. On 27 July 2004, during its eighty-first session, the Committee addressed a letter to the United States of America, requesting it to submit its overdue second and third periodic reports by 31 December 2004 and/or to submit specific information on the effect of measures taken to fight against terrorism after the events of 11 September 2001 and notably the implications of the Patriot Act on nationals as well as on non-nationals (articles 13, 17, 18 and 19 of the Covenant), as well as on problems relating to the legal status and treatment of persons detained in Afghanistan, Guantánamo Bay, Iraq and other places of detention outside the territory of the United States of America (articles 7, 9, 10 and 14 of the Covenant). On 1 April 2005, during its eighty-third session, the Committee addressed a letter to the United States of America, taking note of correspondence from the State party dated 24 March 2005 concerning the submission of its second and third periodic reports, and welcoming the submission by the United States of America of its report in time for the Committee at its eighty-fourth session. On 22 July 2005, the Committee was informed that the periodic reports would be submitted this year, but not in July 2005. On 28 July 2005, the Committee informed the United States of America that its periodic reports should be submitted by 17 October 2005, starting date of the eighty-fifth session. In the absence of these reports, the Committee would adopt a list of issues on the specific concerns raised in its letter of 27 July 2004 with a view to examining, at its eighty-sixth session, these and any other matters that might be raised in the reply of the Government of the United States to the list of issues.

 

20. The State party should take firm measures to eradicate all forms of ill-treatment by law enforcement officials and ensure prompt, thorough, independent and impartial investigations into all allegations of torture and ill-treatment. It should prosecute perpetrators and ensure that they are punished in a manner proportionate to the seriousness of the crimes committed, and grant effective remedies including compensation to the victims.

 

21. The State party should continue to reinforce international cooperation as well as practical measures to combat trafficking in human beings, prosecute and punish perpetrators and combat trafficking-related corruption. Protection should be provided to all witnesses and victims of trafficking so that they may have a place of refuge and an opportunity to give evidence against those held responsible.

 

22. The State party is urged to improve the conditions of detention for those held on remand and for convicted persons. Individuals held in remand detention should be segregated from convicted persons. The State party should also provide the necessary measures for victims of unlawful arrest or detention to claim compensation. The State party is reminded that, under article 9, paragraph 3, it shall not be the general rule that suspected persons are detained while awaiting trial. The State party should develop an effective system of bail.

 

23. The State party should guarantee the independence of the judiciary, take measures to eradicate all forms of interference with its independence, to allow access to justice to all without discrimination and ensure that unconvicted detainees are brought to trial as speedily as possible.

 

24. The State party should fully guarantee and protect the right of freedom of opinion and expression of journalists and media representatives and introduce legal mechanisms and practical measures to that effect

 

25. The State party should reinforce measures to combat abuse and exploitation of children, and establish public awareness-raising campaigns regarding children’s rights.

26. The Fifth Committee (Administrative and Budgetary), as reaffirmed by General Assembly resolution 45/248 B, Sect. VI, is the Main Committee of the General Assembly entrusted with responsibilities for administration and budgetary matters.

27. The General Assembly considers and approves the budget of the Organization, in accordance with Article 17 of the Charter of the United Nations. The Assembly also considers and approves financial and budgetary arrangements with specialized agencies making recommendations to the agencies concerned.

28. Due to the increased workload of the Fifth Committee during the past years, it has now become the standard practice that the Committee meets, not only during the main part of the General Assembly session (September to December) but during resumed sessions, in March and in May of a given year.

29. During the main part of the session, the Fifth Committee considers issues that require the approval of the General Assembly for funding by the end of the year. The resumed session held in March deals with issues that were not completed during the main part of the session. In accordance with General Assembly resolution 49/233 of 23 December 1994, the Committee considers, at its resumed session in May each year, items relating to the financing of peacekeeping operations. Subject to the urgency of the matter, the Fifth Committee may consider the financing of a peacekeeping mission authorized by the Security Council at any of its sessions.

30. The Sixth Committee Agenda A/60/514 states, the item entitled “United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law” was included in the provisional agenda of the sixtieth session of the General Assembly pursuant to Assembly resolution 58/73 of 9 December 2003. At its 17th plenary meeting, on 20 September 2005, the General Assembly, on the recommendation of the General Committee, decided to include the item in its agenda and to allocate it to the Sixth Committee.

 

31. The United Nations Convention on the Use of Electronic Communications in International Contracts A/60/515 begins, The States Parties to this Convention,

 

Reaffirming their belief that international trade on the basis of equality and mutual benefit is an important element in promoting friendly relations among States,

 

Noting that the increased use of electronic communications improves the efficiency of commercial activities, enhances trade connections and allows new access opportunities for previously remote parties and markets, thus playing a fundamental role in promoting trade and economic development, both domestically and internationally,

 

Considering that problems created by uncertainty as to the legal value of the use of electronic communications in international contracts constitute an obstacle to international trade,

 

Convinced that the adoption of uniform rules to remove obstacles to the use of electronic communications in international contracts, including obstacles that might result from the operation of existing international trade law instruments, would enhance legal certainty and commercial predictability for international contracts and help States gain access to modern trade routes,

 

Being of the opinion that uniform rules should respect the freedom of parties to choose appropriate media and technologies, taking account of the principles of technological neutrality and functional equivalence, to the extent that the means chosen by the parties comply with the purpose of the relevant rules of law,

 

Desiring to provide a common solution to remove legal obstacles to the use of electronic communications in a manner acceptable to States with different legal, social and economic systems.

 

32. Under Rule 1 of the Rules of Procedure of the General Assembly of 31 December 1984 the General Assembly shall meet every year in a regular session commencing on the Third Tuesday in September.  The Draft Outcome Document of 13 September 2005 for the World Summit HA-15-9-05 orders

 

33. Considering that the Trusteeship Council no longer meets and has no remaining functions, we should delete Chapter XIII of the Charter and references to the Council in Chapter XII.

 

34. Taking into account the General Assembly Resolution 50/52 and recalling the related discussions conducted in the General Assembly, bearing in mind the profound cause for founding of the United Nations, and looking into our common future, we resolve to delete references to “enemy States” in Articles 53, 77, and 107 of the Charter of the United Nations.

 

35. Pursuant to our commitment to further strengthen the United Nations human rights machinery, we resolve to create a Human Rights Council.

 

36. The Council will be responsible for promoting universal respect for the protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner.

 

37. The Council should address situations of violations of human rights, including gross and systematic violations and make recommendations thereon. It should also promote effective coordination and the mainstreaming of human rights within the UN system.

 

38. The Original Draft Outcome Document A/59/HLPM/CRP.1/Rev.1 of 22 July 2005 makes preliminary consideration for the Human Rights Council to have the following mandate, size and composition:

 

(a) It 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 character. To carry out this mandate, the Council shall assume and review all the functions of the Commission on Human

Rights and preserve its strengths, including the system of special procedures. In particular it will:

 

(i) Serve as a 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;

 

(ii) 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;

 

(iii) 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;

 

(iv) Evaluate the fulfilment 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;

 

(v) 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;

 

(b) The 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;

 

(c) 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;

 

(d) 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;

 

(e) The Council shall submit an annual report to the General Assembly.

 

39. We request the President of the General Assembly to conduct consultations with Member States in order to adopt during its sixtieth session, before 31 December 2005, the modalities, functions, procedures and working methods of the Human Rights Council and arrangements for the transition from the Commission to the Council.

 

40. The UN Charter Amendments precipitated by the World Summit Draft Outcome Documents under analysis by Hospitals & Asylums in HA-15-9-05 are:

 

a. Repeal the Trusteeship Council from Chapter XIII of the Charter and references to the Council in Chapter XII.

 

b. Taking into account the General Assembly Resolution 50/52 and recalling the related discussions conducted in the General Assembly, bearing in mind the profound cause for founding

of the United Nations, and looking into our common future, we resolve to delete references to “enemy States” in Articles 53, 77, and 107 of the Charter of the United Nations.

 

c. Legislate the Human Rights Council in the vacated articles of Chapter XIII of the UN Charter for which a drafting committee will need to be convened under Rule 161 of the Rules of Procedure of the General Assembly to close amendments to the highest code, the constitution of the United Nations – the UN Charter – in five years from 2005 and a Constitution for the Human Rights Council and a Treaty establishing the Peace building Commission this 2006.

 

d. Advocate for rewriting the International Trusteeship System to read International Taxation System to realize the 1% social security tax set forth in Art. 23 of the Declaration on Social Progress of 1969 so that the UN will be a real Hospitals & Asylums Government (HAG) that is forced to administrate every penny of the International Trust for the poor, annually.

 

Preservation of the Original Wording of the Charter of the United Nations in Preparation for the First Amendment

 

CHAPTER XIII

 

THE TRUSTEESHIP COUNCIL      

 

COMPOSITION

 

Article 86

 

  1. The Trusteeship Council shall consist of the following Members of the United Nations:

a. those Members administering trust territories;

b. such of those Members mentioned by name in Article 23 as are not administering trust territories; and

c. as many other Members elected for three-year terms by the General Assembly as may be necessary to ensure that the total number of members of the Trusteeship Council is equally divided between those Members of the United Nations which administer trust territories and those which do not.

  1. Each member of the Trusteeship Council shall designate one specially qualified person to represent it therein.

 

FUNCTIONS and POWERS

 

Article 87

 

The General Assembly and, under its authority, the Trusteeship Council, in carrying out their functions, may:

a. consider reports submitted by the administering authority;

b. accept petitions and examine them in consultation with the administering authority;

c. provide for periodic visits to the respective trust territories at times agreed upon with the administering authority; and

d. take these and other actions in conformity with the terms of the trusteeship agreements.

 

Article 88

 

The Trusteeship Council shall formulate a questionnaire on the political, economic, social, and educational advancement of the inhabitants of each trust territory, and the administering authority for each trust territory within the competence of the General Assembly shall make an annual report to the General Assembly upon the basis of such questionnaire.

 

VOTING

 

Article 89

  1. Each member of the Trusteeship Council shall have one vote.
  2. Decisions of the Trusteeship Council shall be made by a majority of the members present and voting.

 

PROCEDURE

 

Article 90

  1. The Trusteeship Council shall adopt its own rules of procedure, including the method of selecting its President.
  2. The Trusteeship 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

 

The Trusteeship 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.

 

CHAPTER XII

 

INTERNATIONAL TRUSTEESHIP SYSTEM

 

Article 75

 

The United Nations shall establish under its authority an international trusteeship system for the administration and supervision of such territories as may be placed thereunder by subsequent individual agreements. These territories are hereinafter referred to as trust territories.

 

Article 76

 

The basic objectives of the trusteeship 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 trust territories, 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 trusteeship 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 justice, without prejudice to the attainment of the foregoing objectives and subject to the provisions of Article 80.

 

Article 77

  1. The trusteeship system shall apply to such territories in the following categories as may be placed thereunder by means of trusteeship agreements:

a. territories now held under mandate;

b. territories which may be detached from enemy states as a result of the Second World War; and

c. territories voluntarily placed under the system by states responsible for their administration.

  1. It will be a matter for subsequent agreement as to which territories in the foregoing categories will be brought under the trusteeship system and upon what terms.

 

Article 78

 

The trusteeship system shall not apply to territories which have become Members of the United Nations, relationship among which shall be based on respect for the principle of sovereign equality.

 

Article 79

 

The terms of trusteeship for each territory to be placed under the trusteeship system, including any alteration or amendment, shall be agreed upon by the states directly concerned, including the mandatory power in the case of territories held under mandate by a Member of the United Nations, and shall be approved as provided for in Articles 83 and 85.

 

Article 80

  1. Except as may be agreed upon in individual trusteeship agreements, made under Articles 77, 79, and 81, placing each territory under the trusteeship system, and until such agreements have been concluded, nothing in this Chapter shall be construed in or of itself to alter 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 mandated and other territories under the trusteeship system as provided for in Article 77.

 

Article 81

 

The trusteeship agreement shall in each case include the terms under which the trust territory will be administered and designate the authority which will exercise the administration of the trust territory. Such authority, hereinafter called the administering authority, may be one or more states or the Organization itself.

 

Article 82

 

There may be designated, in any trusteeship agreement, a strategic area or areas which may include part or all of the trust territory to which the agreement applies, without prejudice to any special agreement or agreements made under Article 43.

 

Article 83

  1. All functions of the United Nations relating to strategic areas, including the approval of the terms of the trusteeship agreements and of their alteration or amendment shall be exercised by the Security Council.
  2. The basic objectives set forth in Article 76 shall be applicable to the people of each strategic area.
  3. The Security Council shall, subject to the provisions of the trusteeship agreements and without prejudice to security considerations, avail itself of the assistance of the Trusteeship Council to perform those functions of the United Nations under the trusteeship system relating to political, economic, social, and educational matters in the strategic areas.

 

Article 84

 

It shall be the duty of the administering authority to ensure that the trust territory shall play its part in the maintenance of international peace and security. To this end the administering authority may make use of volunteer forces, facilities, and assistance from the trust territory in carrying out the obligations towards the Security Council undertaken in this regard by the administering authority, as well as for local defence and the maintenance of law and order within the trust territory.

 

Article 85

  1. The functions of the United Nations with regard to trusteeship agreements for all areas not designated as strategic, including the approval of the terms of the trusteeship agreements and of their alteration or amendment, shall be exercised by the General Assembly.
  2. The Trusteeship Council, operating under the authority of the General Assembly shall assist the General Assembly in carrying out these functions.

 

Article 53

  1. The Security Council shall, where appropriate, utilize such regional arrangements or agencies for enforcement action under its authority. But no enforcement action shall be taken under regional arrangements or by regional agencies without the authorization of the Security Council, with the exception of measures against any enemy state, as defined in paragraph 2 of this Article, provided for pursuant to Article 107 or in regional arrangements directed against renewal of aggressive policy on the part of any such state, until such time as the Organization may, on request of the Governments concerned, be charged with the responsibility for preventing further aggression by such a state.
  2. The term enemy state as used in paragraph 1 of this Article applies to any state which during the Second World War has been an enemy of any signatory of the present Charter.

 

Article 77

  1. The trusteeship system shall apply to such territories in the following categories as may be placed thereunder by means of trusteeship agreements:

a. territories now held under mandate;

b. territories which may be detached from enemy states as a result of the Second World War; and

c. territories voluntarily placed under the system by states responsible for their administration.

  1. It will be a matter for subsequent agreement as to which territories in the foregoing categories will be brought under the trusteeship system and upon what terms.

Article 107

Nothing in the present Charter shall invalidate or preclude action, in relation to any state which during the Second World War has been an enemy of any signatory to the present Charter, taken or authorized as a result of that war by the Governments having responsibility for such action.

 

Prepared by,

 

Tony Sanders

title24uscode@aol.com