1 Sovereign Law Series Margarita “Declaration of the 17th Summit of Heads of State of the Non-Aligned Movement” of 2016 Short-Form Reference: 2016 NAM “Margarita Declaration of 17th Summit” In-Line Micro Reference: 2016 NAM “17th Summit Declaration” Ratification / Registration: NAM 17th Summit, Margarita, Venezuela, 18 September 2016 © 2020 Sovereign Court of International Justice (SCIJ). All International Rights Reserved. The 1979 “Berne Convention” fully protects this proprietary collection as a selection and arrangement of works (Art. 2.5), and protects these documents as derivative works (Art. 2.3) and adaptations (Art. 12). All unauthorized republication or distribution including online is illegal (Art. 9). “Fair Use” does not permit infringement for unfair competition by another non-profit (17 USC 107), which is a criminal offense punishable by 10 years imprisonment (18 USC 241; UK Copyright Act §107). 2 Introductory Notes by the Independent Judiciary Download Sovereign Law Series – This “Sovereign Law Series” is presented by the Sovereign Court of International Justice (SCIJ), as a proprietary system for standardized reference and effective use of international law sources. It provides primary sources of the modern framework of “conventional international law”, which contains provisions to invoke “customary international law” which is the “Common Law”. Download the “Intro & Index” (with links to all documents in the collection) here: Introduction & Index Independence from the UN – The United Nations (UN) is not a “world government”, and has no authority for any type of “global governance”: The UN is prohibited to interfere with self-determination of peoples or sovereignty of States (UN Charter, Articles 1.2, 2.1, 2.7), and is liable for any of its own violations of international law and rights (2012 Declaration on Rule of Law, Article 2). The UN is not a “world parliament”, and has no authority to enact any form of “legislation”: The UN General Assembly (GA) is only a forum for States to codify and declare general recognition of rights and doctrines of international law (UN Charter, Article 13.1). Reclaiming Law and Rights – The UN has no authority to “own” or “control” international law: All the conventions actually belong to the Peoples of the Nations, and the UN is only authorized to register and publish them (1969 Law of Treaties, Articles 1(e), 76.1, 80; UN Charter, Article 102). Once a convention recognizes “rights”, those “may not be revoked or modified” (1969 Law of Treaties, Articles 36.1, 37.2), and “become binding upon” all States as “customary rules of international law” which are “recognized” by that convention (Article 38). Therefore, all law and rights evidenced in conventions belong to the People, and can be invoked by the People and enforced by the Independent Judiciary, in perpetuity. Words of Rights in Red – Operative words and phrases most effective for invoking and enforcing Rights, which are the most used by Barristers and Judges, are printed in Red font for ease of visual reference. Some key words may be underlined for emphasis. Commentary in Green – [Expert commentary from Barristers and Judges may be added in Green font, in Brackets, to guide effective use to assert and enforce rights.] 3 Official Text of this Law Source as Ratified “Declaration of the 17th Summit of Heads of State of the Non-Aligned Movement” [Adopted by 120 Member States supported by 17 Observer States] “Declaration on Peace, Sovereignty and Solidarity for Development” Preamble [¶1] The Heads of State and Government of the Non-Aligned Movement, gathered in the Island of Margarita, Bolivarian Republic of Venezuela, within the framework of the 17th Conference Summit, on 17–18 September 2016, under the theme “Peace, Sovereignty and Solidarity for Development”, undertook a review of the state of the international situation. [¶2] Mindful of the fact that the history and reality of the world which we live in today demonstrates that the developing countries of the world are the ones who suffer more intensely from the disregard of international law, from invasions, from the ravages of war and armed conflicts, caused mostly by the geopolitical interests of the great centers of power, as well as from protracted conflicts inherited from colonialism and neo-colonialism; [This declaration implicitly condemns the modernist ideology of Globalism, identified as the agendas of “geopolitical interests” of dominant political factions, as “neo- colonialism” imposed through the “centers of power”, as the primary “cause” of “disregard of international law” violating human rights.] [¶3] Emphasizing that many of these crises have been triggered by the violation of the purposes and principles enshrined in the Charter of the United Nations and the Principles of Bandung; [¶4] Recognising that solidarity, the highest expression of respect, friendship and peace among States, is a broad concept encompassing the sustainability of international relations, the peaceful coexistence, and the transformative objectives of equity and empowerment of developing countries, whose ultimate goal is to achieve the full economic and social development of their peoples; 4 At the 55th anniversary of the Movement, determined to defend the right to peace, sovereignty and solidarity for the development of their peoples: • [Point 1] Guided by the visionary spirit of its founders and the principles and purposes of the Non-Aligned Movement enshrined in Bandung (1955) and Belgrade (1961), as well as by the firm commitment to achieve a world of peace, justice, respect, fraternal friendship, solidarity, cooperation and development, [This confirms that the Non-Aligned Movement (NAM) was founded based upon the “Bandung Asian-African Conference” in Indonesia in 1955, hosted by President Soekarno. This evidences the leadership of the Royal Alliance of Independent States (RAIS), historically led by the Kingdom of Banten Nusantara (Archipelago Islands of Indonesia), then represented by Indonesian President Soekarno.] • [Point 2] Reaffirming the principles and purposes of the Charter of the United Nations, the rules and principles of international law and the Declaration concerning Friendly Relations and Cooperation among States; • [Point 3] Encouraged by the validity of the founding principles of the Movement and the achievements that have marked its historical development, which ratify that the fight against colonialism and neo-colonialism, racism, all forms of foreign intervention, aggression, foreign occupation, domination or hegemony, as well as the intention of becoming a balancing factor in the international relations, outside of the military alliances of the centers of power, remain concrete expressions of the Policy of Non-Alignment; [This declaration defines the “Policy of Non-Alignment” as “the fight against” Globalist “neo-colonialism”, defined as “all forms of foreign… domination or hegemony” imposed through the “centers of power” of ill-conceived treaty organizations.] • [Point 4] Ratifying their commitment to the founding principles of the Non Aligned Movement and the principles enshrined in the Declaration on the Purposes and Principles and the Role of the Non Aligned Movement in the present international juncture adopted in the 14th NAM Summit in Havana; • [Point 5] Convinced of the need to ensure that the Movement has a significant impact on the dynamics of international relations and in achieving the objectives that have underpinned its validity; • [Point 6] Expressing deep appreciation to the President of the Islamic Republic of Iran, H.E. Mr. Hassan Rouhani, for his valuable contribution to the process of strengthening and revitalizing the Non-Alignment Movement; 5 • [Point 7] Having adopted the Final Declaration of the 17th Summit of Heads of State and Government of the Non-Aligned Movement, held in the Island of Margarita, Bolivarian Republic of Venezuela, from 17-18 September 2016; Declare, that the effective implementation of the Final Document of the Island of Margarita requires the highest commitment and willingness of all Members of the Movement to decisively address the challenges posed in the areas of peace, economic and social development, human rights and international cooperation, and for which they will make joint efforts to achieve the following objectives: [Articles] 1. Strengthening and Revitalization of the Movement: They reaffirmed their full and decisive support to the consolidation, strengthening and revitalization of the Non-Aligned Movement, as the only guarantee to preserve its legacy and historical validity and to ensure therefore its strength, cohesion and resilience, on the basis of unity in diversity and the solidarity of its Member States. 2. Strengthening International Peace and Security: They reiterated that they will continue to promote the peaceful settlement of disputes, in accordance with Article 2 and Chapter VI of the Charter of the United Nations, as well as with the UN Resolution 26/25 of 24 October 1970 and international law, in order to contribute to achieve said objective and to save future generations from the scourge of war and military conflict. They further rejected the illegal policies of regime change aimed at overthrowing constitutional Governments, in contravention of international law. Furthermore, they stressed that overcoming conflicts and the achievement of a firm and lasting peace requires a holistic approach that addresses the structural causes of conflicts, in order to realize the three pillars of the United Nations: peace and security, development and human rights. Moreover, they reaffirmed their determination to continue opposing any attempt aimed at the partial or total disruption of the national unity or territorial integrity of a State as well as their commitment for the respect of the sovereignty, the sovereign equality of States, the non-intervention in the internal affairs of States, the peaceful settlement of disputes, and the abstention from the threat or use of force, in accordance with UN Charter. 6 3. Right to Self-Determination: They stressed the inalienable right of all peoples, including those of non-self-governing territories, as well as those of territories under foreign occupation or under colonial or foreign domination, to self-determination. In the case of peoples who are subject to foreign occupation and colonial or foreign domination, the exercise of self-determination remains valid and essential to securing the eradication of all those situations and ensuring the universal respect of human rights and fundamental freedoms. 4. Disarmament and International Security: They reaffirmed their intention to redouble efforts towards eliminating the threat posed to the human species the existence of weapons of mass destruction, particularly nuclear weapons. In this regard, they resolved to work to achieve a world free of nuclear weapons. They also resolved to establish a nuclear weapon free zone in the Middle East, in accordance with the commitments reached during the Conference of the Treaty on the Non- Proliferation of Nuclear Weapons (NPT), held in 1995, and its subsequent meetings. They also called for the urgent commencement of negotiations on nuclear disarmament in the CD, in particular on a comprehensive convention on nuclear weapons to prohibit their possession, development, production, acquisition, testing, stockpiling, transfer, use or threat of use and to provide for their destruction with a specified time frame. They further reiterated the sovereign right of countries to develop nuclear energy for peaceful purposes keeping in view their independence and economic development. 5. Human Rights: They reaffirmed their commitment to the promotion and protection of all human rights, which are universal, indivisible, interdependent and interrelated, through a constructive and cooperative international dialogue, capacity building, technical assistance and the recognition of good practices, while ensuring the full enjoyment of all human rights, including the right to development as a an inalienable, fundamental and universal right, and as a comprehensive part of universally recognized human rights, in order to build collective and sustainable peace and prosperity across the world. They highlight the historical significance of the adoption of the Declaration of the Right to Development thirty years ago, which was promoted by the Non-Aligned Movement, and which requires a profound change in the international economic structure, including the creation of economic and social conditions that are favourable to developing countries. Likewise, they expressed once again that human rights should be strengthened by adhering to the fundamental principles of universality, transparency, impartiality, non-selectivity, non-politicization and objectivity while seeking to realize the human rights for all, pursuant to the principles contained in the Vienna Declaration of 1993. 7 [This declares a rejection of the increasing modern trend of propaganda against targeted countries, promoting politicized false allegations of supposed “human rights” violations, solely for the purpose of advancing a geopolitical agenda. This is also a rejection of the progressive escalation of apparent demands for special rights, which are promoted only by political interest groups. Accordingly, this is a mandate to give exclusive priority to real violations of fundamental human rights for all peoples.] 6. Unilateral Sanctions: They expressed their condemnation at the promulgation and application of unilateral coercive measures against countries of the Movement, in violation of the Charter of the United Nations and international law, particularly the principles of non-intervention, self-determination and independence of States subject of such practices. In this respect, they reiterated their determination to denounce and demand the repeal of such measures, which affect human rights and prevent the full economic and social development of the peoples who are subjected to them. Similarly, they reaffirmed that each State has full sovereignty over the totality of its wealth, natural resources and economic activity, exercising it freely. 7. Terrorism: They reiterated that terrorism constitutes one of the most serious threats to international peace and security. Hence, they reaffirmed their firm condemnation of terrorist acts in all their forms and manifestations, whatever their motivations, wherever and by whomsoever they are committed. They further condemned the destruction of cultural heritage and religious sites, as well as the commission of crimes against humanity by terrorist groups, among others, on the basis of their religion or beliefs. [This emphasis on protection of “cultural heritage and religious sites” evidences the leadership of the Royal Alliance of Independent States (RAIS), historically led by the Kingdom of Banten Nusantara (Archipelago Islands of Indonesia). The Royal Alliance is comprised of ancient Kingdoms (now non-territorial States as sovereign subjects of international law). In customary international law, such Royal institutions retain statehood precisely to continue and represent the history, heritage, culture and traditions of humanity, which cannot be acquired by mere conquest.] 8 Likewise, they recognized the threat posed nowadays by this despicable scourge, particularly the activities carried out by terrorist groups such as the Taliban, Al-Qaida, ISIS (Da’esh) and its affiliated entities, Jabhat Al Nusra, Boko Haram and Al Shabbaab, and other entities designated by the United Nations, including the phenomenon of foreign terrorist fighters and the spread of violent extremism which can be conducive to terrorism, making it necessary for States to prevent and combat terrorism in all its forms and manifestations, including its financing and the illicit transfer of weapons, in a decisive and coordinated manner, with strict adherence to the provisions of the Charter of the United Nations, as well as other obligations under international law. In this regard, they considered that the adoption of a future Comprehensive Convention for Combating International Terrorism could complement the set of existing international legal instruments, including the implementation of the United Nations Global Counter-Terrorism Strategy. In addition, they reaffirmed that terrorism and violent extremism as and when conducive to terrorism cannot and should not be associated with any religion, nationality, civilization or ethnic group, and that these attributions should not be used to justify terrorism or counterterrorism measures that include, inter alia, profiling of terror suspects and intrusion on individual privacy. 8. Dialogue Among Civilizations: They stressed the importance of promoting respect for religious, social and cultural diversity, in order to promote a culture of peace, tolerance and respect between societies and nations, through intercultural, interreligious and inter-civilizations dialogue. They also recognized the importance of inter-religious and inter-cultural dialogue and the valuable contribution they can make to an improved awareness and understanding of the common values shared by all humankind, as well as to the promotion of economic and social development, peace and security. [This declares that the proper purpose of “inter-religious and inter-cultural dialogue” is simply to focus on “common values shared by all humankind”. This is a rejection of the modernist propaganda infamously advocating for a One World Religion or a Melting Pot of so-called multiculturalism, promoted by private political factions of Globalism, which is actually used to abolish all religions and erase all cultures for the destruction of Nationalism. This reveals a major NAM principle, that “diversity means diversity”, and not the agenda of mixing and blending to eliminate all true diversity.] 9 9. Situation in the Middle East, including the Question of Palestine: They reaffirmed once again that the Israeli occupation of the Occupied Palestinian Territories, including East Jerusalem, constitutes a destabilizing factor in the region, and as such they demanded the withdrawal of the Occupying Power from those territories occupied since June 1967, in accordance with Resolutions 242, and 338 as well as other relevant resolutions of the Security Council and the General Assembly of the United Nations. They reiterated that the continued injustice against the Palestinian people as a result of the Israeli occupation and its related policies and practices, including, inter alia, the construction and expansion of settlements, the demolition of houses, the acts of collective punishment against the civilian population, including the imprisonment and detention of thousands of civilians, and the illegal blockade of the Gaza Strip, are the main source of the violation of human rights of the Palestinian people, in denial of their legitimate right to self-determination and independence. They called on the parties to exert all efforts to resume and support a credible peace process, based on the longstanding terms of reference and parameters, with a view to achieving a comprehensive, just and lasting peace that is based on a two-State solution, with secure and internationally recognized pre-1967 borders, bearing in mind the Arab Peace Initiative. They sought a comprehensive and just solution to the Palestinian refugees’ cause in accordance with resolution 194 of the UN General Assembly and the Arab Peace Initiative, in a way that preserves security, stability and peace of all the countries in the region. Moreover, they condemned all measures taken by Israel, the occupying Power, to alter the legal, physical and demographic status of the occupied Syrian Golan. In this regard, they demanded once again that Israel should abide by resolution 497 (1981), and to withdraw fully from the occupied Syrian Golan to the borders of 4 June 1967, in implementation of Resolutions 242 (1967) and 338 (1973). 10. Reform of the United Nations: They reiterated the need to recover and strengthen the authority of the General Assembly as the most democratic, accountable, universal and representative body of the Organization. In this regard, they encouraged the establishment of a harmonious and balanced relationship between the main bodies of the Organization, on the basis of the prerogatives provided in the Charter of the United Nations. They further called for the reform of the Security Council, in order to transform it into a more democratic, effective, efficient, transparent and representative body, and in line with contemporary geopolitical realities. 10 [Note that at the time of this Declaration of 2016, more than 70 years after the UN Charter of 1945, the Non-Aligned Movement countries were still demanding “UN Reform”, traditionally focused on perceived abuses of the Security Council, which have never been resolved nor adequately addressed.] 11. Selection and Appointment of the Secretary General of the United Nations: They underlined the central role that corresponds to the General Assembly in the process of selection and appointment of the Secretary General of the United Nations, while reaffirming the need for greater transparency and inclusiveness in the current process of selection and appointment with due regard to the principles of geographical rotation and gender equality in the process of selection and appointment of the Secretary General of the United Nations. 12. Peacekeeping Operations: They reaffirmed that peacekeeping operations must be carried out with strict adherence to the principles and purposes enshrined in the Charter, and emphasized that respect of the principles of sovereignty, territorial integrity and independence of States, as well as non-intervention in internal affairs, are key elements of the joint efforts in the promotion of international peace and security. In this regard, they reiterated that the respect to the basic principles of peacekeeping; namely, consent of the parties, impartiality, and non-use of force except in self-defence, is essential for the success of peacekeeping operations. They also took note of the reports of the High-Level Independent Panel and the Secretary General on UN Peace Operations and of the Advisory Group of Experts on the Review of the United Nations Peacebuilding Architecture, and, in this regard, while emphasizing the importance of close consultation and coordination in the implementation of relevant recommendations. 13. Sustainable Development Goals: They reiterated that their will to work towards the full implementation of the 2030 Agenda for Sustainable Development, leaving no one behind, remembering that the Agenda is based on people and is universal and transformative. Likewise, they reiterated the need to fulfill the Agenda’s 17 Sustainable Development Goals and its 169 targets for all nations and peoples, and for all sectors of society, in an integrated and indivisible manner, bearing in mind the three dimensions of sustainable development: economic, social and environmental. Likewise, they reiterated that ending poverty and hunger in all its forms and dimensions is the greatest global challenge and an indispensable requirement for sustainable development and, in this sense, they reaffirmed all the principles recognized in the Agenda, particularly the principle of Common but Differentiated Responsibilities. They further underlined the importance of developed countries fulfilling their commitments regarding the provision of finance, transfer of appropriate technology and capacity building to developing countries, in order to ensure the global realization of Sustainable Development Goals. 11 They also reiterated their support to strengthening the multilateral trading system so as to provide and enabling environment for development, by ensuring a level playing field for developing countries in international trade, which is an engine for inclusive economic growth and poverty reduction, while also contributing to the promotion of sustainable development. In this regard, they reaffirmed their determination to move forward within the framework of the Doha Development Agenda, taking into account the developmental needs of developing countries. They further underlined the importance of increasing Aid for Trade and capacity building, in order to strengthen the participation of developing countries in the Global Value Chain and promote regional economic integration and interconnectivity. 14. Promotion of Education, Science and Technology for Development: They reaffirmed their commitment to combat illiteracy as a way to contribute to overcoming poverty and social exclusion, while noting that education is an inalienable human right that must include all sectors of society. In this regard, they stressed that the use of science and technology is essential to address the development challenges of countries of the South. Hence, the transfer of technology from developed countries, on favorable terms, is crucial to ensure the sustainable development, for the benefit of all peoples of the world. 15. Climate Change: They reaffirmed that climate change is one of the greatest challenges of their times and expressed profound alarm that emissions of greenhouse gases continue to raise globally. They expressed concern about the increased adverse impacts of climate change, particularly on developing countries, which are severely undermining their efforts to eradicate poverty and achieve sustainable development. In this regard, they reiterated the concerns and particularities of all developing countries, based on the provisions of the United Nations Framework Convention on Climate Change (UNFCCC), particularly in relation to the implementation of the principle of Common But Differentiated Responsibilities, and in light of the historic responsibilities of developed countries. Hence, they urged the developed countries to fulfill their commitments of providing finance, transfer of appropriate technology and capacity building to developing countries. Moreover, they looked forward to the 22nd Conference of States Parties to the UNFCCC, to be held from 7th through 18th November 2016, in Marrakech, Kingdom of Morocco. 12 16. Economic Governance: They reaffirmed that the reform of the international financial architecture requires the democratization of the decision-making institutions of Bretton Woods (IMF and World Bank). Therefore, it is necessary to widen and strengthen the level of participation of developing countries in the international decision and economic law making processes and in the governance of a new world economic order. In this regard, they urged for transparent and more opened multilateral development banks and international finance organizations or agencies. Furthermore, they expressed concern on the negative impact that tax havens can have on the world economy, in particular on developing countries. 17. South-South Cooperation: They reiterated that South-South Cooperation is an important element of international cooperation for the sustainable development of their peoples, as a complement and not as a substitute to the North-South Cooperation, which allows for the transfer of appropriate technologies, in favourable conditions and preferential terms. In this regard, they reaffirmed that South-South Cooperation is an expression of solidarity and cooperation among the peoples and countries of the South, which contributes to their national wellbeing, guided by the principles of respect for sovereignty, national ownership and independence, equality, non-conditionality, non-interference in the internal affairs, and mutual benefit. 18. International Solidarity: They recognized that the response of the international community to pandemics that constitute a threat to public health and to various natural disasters is an example to follow in terms of solidarity and international cooperation. In this sense, they highlighted the efforts of the international community to counter and eradicate the spread of various pandemics, among them the Ebola, as well as for confronting the aftermath of natural disasters around the world. 19. Refugees and Migrants: They welcomed the convening of the High Level Meeting to address large movements of refugees and migrants, to be held on 19 September 2016, in New York, and which represents an opportunity for international community to discuss responses to this growing global phenomenon that mainly affects women and children. They acknowledged the acute humanitarian emergencies resulting from the high number of refugees, mainly due to the conflicts created in the territories different Member States of the Movement. They further stressed the importance of translating political statements into tangible support to countries affected the most by this phenomenon as well as, the need to assist the host countries and communities. 13 They also acknowledged the historical contribution of international migration to nations from an economic, political, social and cultural perspective and, in this regard, they reaffirmed the responsibility of Governments, at all levels, to safeguard and protect the rights of migrants in accordance with international and domestic laws, including applying, and where needed, reinforcing existing laws against all illegal or violent acts; in particular acts, of and incitement, to ethnic, racial, sex and religious discrimination as well as crimes perpetrated with racist or xenophobic motivation by individuals or groups against migrants, especially in the context of the global economic crisis that increases the vulnerability of migrants in host countries. 20. Youth, Women, Peace and Security: They recognized the important role that youth and women play in the prevention and resolution of conflicts, as well as in peacekeeping and peacebuilding efforts. In this regard, they underscored the need to achieve full gender equality and the empowerment of women, including their participation in these processes. They took note of the Report of the High Level Advisory Group on the Global Study of the Implementation of Security Council Resolution 1325 (2000) on Women, Peace and Security reiterated their firm commitment to join efforts in the fight against all forms of violence and discrimination against women and girls. 21. New World Information and Communication Order: They emphasized the need for information and communication strategies to be deeply rooted in historical and cultural processes and called on the media of developed countries to respect developing countries in the formulation of their opinions, models and perspectives with a view to enhancing the dialogue among civilizations. They also reiterated their deep concern on the use of media as a tool for hostile propaganda against developing countries aimed at undermining their governments and stressed the need to promote alternative, free, pluralistic and responsible media and communication sources, that reflect the realities and interests of the peoples of the developing world. [Overall, this Declaration of 2016 continues the authentic Non-Aligned Movement (NAM) principles of opposing Globalism by defending Nationalism. However, for the first time after 55 years of NAM development, it indicates that the NAM countries may have been deceived into accepting several of the key Globalist propaganda points. This is indicated by adopting the “Agendas” of “Sustainable Development” (Article 13), “Climate Change” (Article 15), and “Refugees and Migrants” (Article 19), which are euphemisms based on falsely redefining words, hiding destructive agendas which are entirely the opposite of what the ordinary meanings of the words suggest. This demonstrates the growing need for new “Anti-Agenda” inter-governmental institutions, as the necessary vehicles to protect and support NAM countries.]