Internal Regulations and Procedures

Internal Regulations and Procedures

CONSTITUTIVE ACT

International Buddhist Ethics Committee (IBEC)
Buddhist Tribunal on Human Rights (BTHR)

BASED ON RESOLUTION No. 12 OF THE STEERING COMMITTEE OF THE SEVENTH BUDDHIST COUNCIL, THE PRESENT ACT GIVES FORMAL AND PROTOCOLLED BIRTH TO THE FIRM NAME OR DENOMINATION: INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS. ON THE BASIS OF THE DE CONSTITUTIVE ACT OF MARCH 1st, 2015 THE FOLLOWING STATUTES AND PROCEDURES ARE SUSTAINED AND UNDERPINNED AS JUDICIAL POWER OF MAITRIYANA BUDDHIST COMMUNITY.

Part I: STATUTES
ADDRESS:
ARTICLE 1.- The central office will be International Buddhist Ethics Committee & Buddhist Tribunal on Human Rights, Level 15 & 16 Nexxus Building, 41 Connaught Road Central, Postcode 999077 – Hong Kong.

NATIONALITY
ARTICLE 2.- The Nationality of the INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS, will be “Transnational”, by establishing that its members shall have diversity in terms of nationalities.

DURATION
ARTICLE 3.- The Duration of the INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS will be “Indefinite” or “Perennial” as from the celebration of this Constitutive Act.

OBJECT
ARTICLE 4.- The object of INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL OF HUMAN RIGHTS lists the following functions and activities:

  1. a) To analyze cases of violations on Buddhist Ethics perpetrated by Buddhist or apparently Buddhist People or institutions, dictating Responsibility or Innocence of them.
  2. b) To analyze cases of violations against the rights of Buddhist People around the world, dictating the Responsibility or Innocence of the Accused.
  3. c) To analyze cases of Human Rights violations perpetrated by countries, companies or international organizations committed to the detriment of all kinds of Persons, including attacks against the integrity of Animal Species, Ecosystems and the Earth (Gaia), dictating the Responsibility or Innocence of them.

ARTICLE 5.- It will be custom of the Ethics Committee analyzing the cases of violations by individuals and Institutions against Buddhism, while the Tribunal of Human Rights will examine the violations committed by corporations and governments against civil population.

ARTICLE 6.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE seeks the fulfillment of the Buddhist precepts, prioritizing study the study of violations of basic ethical rules of Buddhism, such as acts of violence, fraud, sexual abuse, slander and drug abuse by Buddhist and spiritual movements.

ARTICLE 7.- The BUDDHIST TRIBUNAL OF HUMAN RIGHTS complies with the bodhisattva vows, assuming the project of salvation of all living beings, fighting the illusions of civilization, acquiring the straightness of the Supreme Laws and realizing the path of the Awakened Ones (Buddhas).

ARTICLE 8.- In cases of Human Rights violations, it will be given priority to international crimes of Genocide, Ethnic Cleansing, Crimes against Humanity, War Crimes, Ecocide and Crimes against Peace, which threaten the peace and well-being of Buddhist Peoples and all humanity.

ARTICLE 9.- It is also considered as International Crimes the violation of animal rights, terrorism, violation of the right to freedom of expression, violation of the rights of tribal peoples, human trafficking, drug trafficking, corruption, religious discrimination, torture, violation of the right to justice, fascism, illegal detention, violation of the rights of women and children, crimes against peace, the use of religious emblems to commit crimes, and the violation of the principles of international organizations.

ARTICLE 10.- The International Buddhist Ethics Committee & Buddhist Tribunal on Human Rights has different functions: Teaching function, Advisory function, Normative function, Mediating function and Sanctioning function. The Educational Function, which is the most important and primordial, can be carried out in three levels: internal (directed to the members of the Committee), external (directed to Buddhist People) and social (when a certain judgment of the Committee transcends outside the Buddhist scope and it has an effect on the international community).

 

IMPRESCRIPTIBILITY

ARTICLE 11.- It will be a priority the analysis of cases occurred in the XXI Century. However, cases that are previous to XXI century will also be examined provided that those accused are alive, since they have the right to defense. This means the recognition of the imprescriptibility of violations against Buddhist Ethics and Human Rights.
INTEGRATION
ARTICLE 12.- The composition of the INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS shall be composed of Representatives of the following Communities, Schools, Institutions and International Organizations of Buddhism, which are constituted as Institutional Members of the Committee and Tribunal:

  • World Association of Buddhism
  • Maitriyana Buddhist University
  • Zen University
  • International Association of Buddhist Socialism
  • World Association of Theravada
  • Amitabha Buddhist Society
  • Institute of Buddhist Psychoanalysis & Zen-Analysis
  • Buddha Bhoomi Foundation
  • Bo´tree News
  • Integrated Development Society
  • Integral Buddhist University
  • Super-Integral University
  • Buddha Research Foundation
  • International Institute of Buddhist Existentialism
  • Institute of Contemporary Buddhist Science
  • College of International Buddhist Law
  • Institute of Buddhist Christianity
  • Buddhist Voice E-magazine
  • Reiyukai Welfare Association Bangladesh

 
BOARD OF ADMINISTRATION
ARTICLE 13.- The Board of Administration of the INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS is formed based on the following ORGANIZATIONAL CHART:

  1. PRESIDENT and SPIRITUAL JUDGE (Vinayadhara): Is that who shall have the faculty to advocate for the appropriate functioning of the Committee and Tribunal, by providing ethical guidance to the Prosecutor and the Public Defender during the stage of procedure, by validating charges, evidences and procedures. In addition, he or she shall have to exert Presidency during the stage of Judgment and Ethical Conclusion in the Case. For this position it is required to be Master of Buddhist Spirituality as well as having formal knowledge in International Law.
  2. PROSECUTOR: That who shall have the faculties to investigate and prosecute People, Institutions or Countries accused of committing  violations against Buddhist Spirituality or Human Rights, by bringing evidences of the case to the Jury Members. For this position it is an imperative requirement not only to have and Academic Training in Law or Human Rights, but also to have Buddhism studies.
  3. PUBLIC DEFENDER: Who shall have the faculty to defend the accused party in cases in which the latter does not have his or her own lawyer faced of the procedures of the Committee and Tribunal, by being able to impugn charges and evidences submitted by the Prosecutor. For this position it is indispensable requirement not only have an academic training in Law or Human Rights, but also to have Buddhism Studies.
  4. SECRETARY: Is that who will have the faculty to establish institutional ties with other international courts, such as the International Criminal Court (ICC) and the International Court of Justice (ICJ), sharing them the evidences and judgments of the cases performed by the Buddhist Tribunal on Human Rights. For the position it is an indispensable requirement being a Buddhist and having administrative experience.
  5. PEACE AMBASSADOR: Is that who will have the faculty to share a message the peace on behalf the Committee and Tribunal around the world.

 

DURATION OF POSITIONS

ARTICLE 14- The five positions of the Board of Directors will last forever, being able to be replaced or reelected through voting of the institutional members.

ADMISSION, EXCLUSION AND SEPARATION OF MEMBERS
ARTICLE 15.- Those who aspire to become individual members will be able to be a part of the Committee and Tribunal as Jury Members with the approval of 60% of positive votes of the Board of Administration.

ARTICLE 16.- To be a Member of the Jury, the candidate must meet the following requirements: Being a Buddhist, Represent a Buddhist Organization and having appropriate behavior.

ARTICLE 17.- In some cases the figure of the Friend of the Court (Amicurs Curiae) will be allowed for participation, who could may bring charges or defenses inside the Committee and the Tribunal.

ARTICLE 18.- Members must have signed a solemn pledge to respect the values of the Buddha-Dharma-Sangha.

ARTICLE 19.- The Committee and Tribunal may exclude temporarily or permanently those Members who violate the Internal Regulations and Procedures; who commit violations to Buddhist ethics; or those who fail to comply with their functions, this being a decision that will be taken with 60% of positive votes of the Board of Directors.
RIGHTS
ARTICLE 20.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS reserves the rights concerning Title, Name, Patent, Copyright, Management, Paperwork, Procedures and everything that will be done in the performance of their functions.

CONTRIBUTIONS
ARTICLE 21.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS will not charge fees, face of which will offer free Memberships. However, it will be open to receive donations or sponsors; contributions of its institutional members and organization of courses, which will be destined to cover the costs of maintenance of Headquarters, administrative procedures and costs of investigation of cases.

MEETINGS AND SESSIONS
ARTICLE 22.- The meetings of the INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS will be held in person and / or by using digital media such as Internet and its applications, always having the supreme responsibility to be faithful to the Truth.

 

UPDATING STATUTES

ARTICLE 23.- The statutes and procedures may frequently be updated from five legal sources: the ancient legal code (Vinaya) of the Buddhist people; the laws enacted by the Buddhas of history; the laws enacted by the current board of the Committee and Tribunal; the laws enacted by the President and Spiritual Judge; the laws of International Law and the human rights instruments. The authority of these updatings should shall always be investigated and confirmed, being adopted only if they are in conformity with the spirit existing in the Buddha-Dharma-Sangha.

ARTICLE 24.- Statutory changes of procedures shall not invalidate previous cases’ actions carried out by the Committee and Tribunal.

Part II: JURISDICTION
ARTICLE 25.- The present Procedure of the INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS is not regulated by any state authority, being a process of ethical and spiritual nature which continues with the ancient justice system of the Buddhist Law. Nevertheless, the procedure is legal because it relies on the “special jurisdiction” of Tribal Law, but also in the “universal jurisdiction” of International Law. Thus, the Committee and Tribunal have the right to promote, develop and maintain the institutional structures of Buddhist people and their distinctive customs, traditions, procedures and juridical practices, simultaneously adhering to internationally recognized standards such as Declarations, Covenants and International Conventions on Human Rights, especially emphasizing the “169th Convention of the International Labour Organization (ILO) on Indigenous and Tribal Peoples” of 1989, along with the “UN Declaration on the Rights of Indigenous Peoples” of 2007, and the American Declaration on the Rights of Indigenous Peoples of 2016.

ARTICLE 26.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS is protected by formal instruments of the International Law of Human Rights, like the “United Nations Declaration on the Rights of Indigenous Peoples”, which said:Article 5. Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State. (…) Article 34. Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards. (…) Article 40. Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.”  Also, the AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES said:  Article VI. Indigenous peoples have collective rights that are indispensable for their existence, well-being, and integral development as peoples. In that regard, States recognize and respect the right of indigenous peoples to their collective action; to their juridical, social, political, and economic systems or institutions; to their own cultures; to profess and practice their spiritual beliefs; to use their own tongues and languages; and to their lands, territories and resources. States shall promote, with the full and effective participation of indigenous peoples, the  harmonious coexistence of the rights and systems of different population groups and cultures. Article XXII. 1. Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards. 2. Indigenous law and legal systems shall be recognized and respected by national, regional and international legal systems.

ARTICLE 27.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS is protected by formal instruments of the International Law of Human Rights, like the “Santiago Declaration on the Human Right to Peace”, which said: “Article 11. Rights of all victims (…) Every victim of a human rights violation has the right, in accordance with international human rights law, to the restoration of the violated rights; to obtain effective and complete redress, including the right to rehabilitation and compensation; measures of symbolic redress or reparation as well as guarantees that the violation Will not be repeated. Such redress shall not preclude recourse to popular courts or tribunals of conscience and to institutions, methods, traditions or local customs of peaceful settlement of disputes, which may be acceptable to the victim as adequate reparation.”

ARTICLE 28.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS is endorsing the Universal Declaration of Spiritual Rights, the Universal Declaration of Ecological Rights, the Universal Declaration on the Right to World Peace, the Universal Declaration on the Rights of Buddhist Peoples and Spiritual Communities, the Universal Declaration on the Rights of Non-Human Beings, the Universal Declaration on the Right to Interspiritual and Interfaith Harmony, the Universal Declaration on the Responsibility to Save the World, the Declaration of Independence of the United Buddhist Nations Organization, the Universal Declaration on Buddhism as Cultural Heritage of Humanity, the Buddhist Manifesto to the Nations of the World, the Buddhist Statement against Terrorism and Religious Manipulation, and the Buddhist Convention on Human Rights.

 

ARTICLE 29.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS is endorsing the Earth Charter.

 

ARTICLE 30.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS is registered as Institutional Member of ATALM Association of Tribal Archives, Libraries, and Museums.

 

ARTICLE 31.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS is fully autonomous and established for the sole purpose to know, decide and dictate about actions and omissions in the universal practice of Buddhist Ethics and Human Rights. Unlike the Administration of State Law and Punitive Justice, dedicated to the deprivation of liberty and monetary sanction, the Committee and Tribunal shall be referred to determine the ethical and humanitarian responsibility for the action committed by the Accused, by having the Purpose of the Human Right to Truth, Access to Justice, Reparation, Reconciliation and Learning.

ARTICLE 32.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS is Founding Institutional Member of United Buddhist Nations Organization, with Registration Number A012017.

ARTICLE 33.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS inherits the ancient Buddhist Tribal Law procedures, but also belongs to the contemporary paradigm of restorative justice.

ARTICLE 34.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS is registered as Institutional Member of RESTORATIVE JUSTICE INTERNATIONAL.

ARTICLE 35.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS wins immunity for being a tribal court of the Buddhist people. However, this tribal sovereign immunity for the organization and its board members is limited in cases of international crimes. Such immunity by the members of the Committee and the Court does not mean impunity, since it is offering to any victim or claimant certain internal dispute resolution procedures, ensuring respect for the human right to access to justice. The same criteria used by the Committee and Tribunal to win non-absolute sovereign immunity is applied when analyzing violations of human rights committed by States, which before the Buddhist Justice have no sovereign immunity for international crimes of genocide, ethnic cleansing, crimes against humanity, war crimes and ecocide.

ARTICLE 36.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS aims to repair both ethical failures as well as legal and bureaucratic failures that international courts and tribunals of justice have, especially in cases where the Perennial Law (Jus cogens) or Essential Human Rights are violated under the pretext of immunity which provides impunity to the States accused of international crimes.

ARTICLE 37.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS will judge in Equity with the Purpose of repaid injustices derived from procedures in Law.

ARTICLE 38.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS is registered as Institutional Member of HUMAN RIGHTS LAWYERS ASSOCIATION.

ARTICLE 39.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS has absolute jurisdiction on members of the Buddhist People, and also jurisdiction on those who are directly or indirectly related with the Sangha, even if they are not signatories of the framework of Buddhist Law.

 
Part III: STAGES OF PROCEDURE
ARTICLE 40.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS respect the four essential stages of due process, such as indictment, defense, evidence and judgment. International guarantees such as the right to presumption of innocence, the right not to self-incriminate, the right to remain silent, the right to information, the right to defense, the right to a public trial, the right to probation, the right to declare freely, the right to certainty and the right to res judicata are also respected. The stages of Procedure of the Committee and Tribunal, which are based on the functions entrusted to them, are established below:

FIRST STAGE “RECEPTION OF THE CASE”
ARTICLE 41.- The INTERNATIONAL BUDDHIST ETHICS COMMITTE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS will receive cases submitted by Buddhist institutions, organizations and citizens around the world. Facing a case that is submitted only by an individual, he or she should be endorsed by any institution Member of the Committee. On the basis of Buddhist Ethics and the Human Rights, it will be analyzed the admissibility or inadmissibility of the reception and opening of the case. The Committee and Tribunal will be in session after collecting sufficient, concrete and concise Evidence about the cases presented.

SECOND STAGE “RECEPTION AND INVESTIGATION OF EVIDENCES”

ARTICLE 42.- The Prosecutor will collect the Evidence on the possible case of violation of Buddhist ethics or Human Rights. These evidences will come both from the Claimant or Offended Party and from the investigations of the INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS. Evidences will be analyzed by the Prosecutor, who will decide if the case merits the Procedure of “Ethical Judgment”.

ARTICLE 43.- In the context of its own investigations, the Prosecutor may request evidence from organizations or States.

THIRD STAGE “RESPONSE”
ARTICLE 44.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS will provide the opportunity to the Imputed or Requested Party in order that in the term of 5 working days issues a Response of what it considers as a defense or accepts and adheres to the facts alleged against said Party in the Indictment and may justify their actions or present evidence of his innocence. The omission or refusal to issue Response and / or provision of evidence will not be considered as acceptance of the facts, acts or omissions that are imputed, but neither will be stopped the subsequent legal procedures of the Ethical Judgment and Sentence, which will be carried out in the “absence” of accused provided that he/she/it does not make his/her/its statement. It is important that if the defendant intends to question the competence of the Committee and the Tribunal, he or she should state it during the “Response” stage of the accusation, since if he or she does not do so, it will be understood that it has consented to the Ethical Trial.

ARTICLE 45.- In case the Required or Accused party offers sincere public apology for what was done, and as far as possible amends his/her/its fault or violation to the Buddhist ethics way or human rights, in such cases the accused shall apologize publicly and formally, simultaneously performing acts designed to amend their offenses. In these cases the Committee and Tribunal agree on a “Peaceful and Reconciliatory Resolution”, with no need for the voting of the Jury members and the President’s Sentence. However, if there is a repeated infringement, such “Peaceful Conciliatory Agreement” would have been violated, situation in which the voting of Jury members would be immediately held together with the subsequent Ethical Judgment.

 

ARTICLE 46.- The Accused shall have the right to a lawyer. In case the accused lacks any legal representation before the Committee and Tribunal, a Public Defender shall be assigned. The above mentioned Public Defender shall speak in defense of the accused, being able to recommend accepting responsibility or reaching a conciliatory resolution, by being able to impugn charges or evidences, or being able to present proof regarding the innocence of his/her represented party, situation in which the President shall decide about its admissibility.

FOURTH STAGE “ETHICAL JUDGMENT”
ARTICLE 47.- Following the stage of Response by the Imputed Party, and after having been received the validation of charges and  evidences by the President, it will be given beginning to the “Ethical Judgment” by the Prosecutor before a Jury composed of Buddhist persons acting on behalf of Buddhist institutions and communities. In such presentation the evidences will be corroborated to the alleged case of violation to Buddhist ethics or human rights, by being validly accepted face-to-face and non-contact eyewitness testimonies coming from honorable people of an irreproachable conduct; physical and digital documentaries; Editorial and internet publications; emails, audios and videos; correspondence of postal service and other resources that constitute sufficient proof or complaint in urging Procedure.

FIFTH STAGE “SENTENCE”

ARTICLE 48.- Faced with Evidences submitted, the Jury Members of the INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS shall issue a Judgment or Verdict as a decisive part of Ethical Judgment, the Accused being declared as “Responsible” or “Innocent” in the Buddhist Ethics and Human Rights arena. The vote of “Abstention” would also be permitted, although after 4 consecutive abstentions it shall be considered effective the resignation of the Jury member. The Jury will issue an Opinion by a simple majority in the term of 5 five working days. The vote of the Jury members is secret.

ARTICLE 49.- The accused will be declared responsible when has been demonstrated Responsibility beyond any reasonable doubt.

ARTICLE 50.- In cases where the minimum number of 3 votes on the part of the Jury is not gathered, the President may call a second vote, considering the absences of the first voting as abstentions.

ARTICLE 51.- Where Jury members votes are tied, the President may call to the Substitute jurors in order to define the votation.

ARTICLE 52.- Members of Committee and Tribunal may request license periods through previous notice in order to attend trips or meditation retreats, or to deal with health issues. Such licenses may not be requested once they have received a case, in whose situation their absence will be considered as an Abstention.

ARTICLE 53.- As an alternative to the votes of “Responsible” or “Innocent” and also of “Abstain”, it will be allowed to declare the accused as “Insane” provided that the evidences merit it.

ARTICLE 54.- The President may declare the vote of a member of the Jury as “Null”. This may occur when the member of the Jury votes with reasons that violate Buddhist Law, Human Rights or Jurisprudence of the Committee and Tribunal.

 

SIXTH STAGE “ETHICAL CONCLUSIONS”

ARTICLE 55.- After the Judgment or Verdict dictated by the Jury, the President and Spiritual Judge of the Committee and Tribunal will make an Ethical Statement as a teaching and a final conclusion on the case.

ARTICLE 56.- In the Ethical Judgment made by the President, a repair, restitution, indemnification or rehabilitation that benefits the victims may be requested.

ARTICLE 57.- In certain cases, the President may issue Acts, Notifications, Legal Opinions and Resolutions about the Judgment to third parties involved or related to the case. Those same post-sentence procedures can be sent to the Jury members before an eventual expansion of charges in cases that continue to occur or violations of the Ethics or Human Rights getting worse by the Accused after being issued a first Judgment.
ARTICLE 58.- In cases where the defendants appeal the Judgment, the case must be analyzed by the Supreme Buddhist Court of Justice, which will decide whether the judgment is valid or void.

 

 

Part IV: ADDITIONAL FUNCTIONS
ARTICLE 59.- The President of the Committee and Tribunal also has the function of establishing projects for dialogue with countries and international organizations in order to transmit the values of Buddhist Law throughout the world.

ARTICLE 60.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS delivers distinctions, honors and awards to individuals, organizations and governments that stand out by their actions for Peace and Justice.

ARTICLE 61.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS challenges and invalidates all spiritual degree to Buddhist Masters that has been issued by any government, especially in cases of governments violating human rights.

ARTICLE 62.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS may challenge and invalidate prizes awarded to individuals, after having demonstrated the spurious nature of such awards.

ARTICLE 63.- The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS may exercise “control of constitutionality and conventionality”, ethically overseeing that States do not violate their national Constitutions or violate the Conventions, Treaties, Covenants and Declarations which they have signed at international level. The validity of this ethical supervision or control will be provided by the fact that the Committee and Tribunal include within its Statute the commitment to the fulfillment of the following Human Rights instruments:

  • Universal Declaration of Human Rights
  • 1948 American Declaration of the Rights and Duties of Man
  • Convention on the Prevention and Punishment of the Crime of Genocide
  • Freedom of Association and Protection of the Right to Organise Convention
  • Inter-American Convention on the Granting of Civil Rights to Women
  • Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others
  • Convention relative to the Protection of Civilian Persons in Time of War
  • Convention relative to the Treatment of Prisoners of War
  • Protection of wages Convention
  • Right to Organise and Collective Bargaining Convention
  • Convention for the Protection of Human Rights and Fundamental Freedoms
  • Convention and protocol relating to the status of refugees
  • Equal Remuneration Convention
  • Convention on Minimum Standards of Social Security
  • Universal Copyright Convention, with Appendix Declaration relating to Articles XVII and Resolution concerning Article XI
  • Convention on the Political Rights of Women
  • Convention relating to the Status of Stateless Persons
  • Standard Minimum Rules for the Treatment of Prisoners
  • Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery
  • Abolition of Forced Labour Convention
  • Discrimination Employment and Occupation Convention
  • Declaration on the Granting of Independence to Colonial Countries and Peoples
  • Convention against Discrimination in Education
  • Convention on the reduction of statelessness
  • European Social Charter
  • Convention concerning Equality of Treatment of Nationals and Non-Nationals in Social Security
  • Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
  • Convention concerning benefits in the case of employment injury
  • Employment Policy Convention
  • Declaration on the Promotion among Youth of the Ideals of Peace, Mutual Respect and Understanding between Peoples
  • International Convention on the Elimination of All Forms of Racial Discrimination
  • International Covenant on Civil and Political Rights
  • International Covenant on Economic, Social and Cultural Rights
  • Declaration on the Elimination of Discrimination against Women
  • Recommendation concerning Invalidity, Old-Age and Survivors’ Benefits
  • Convention on the Non-Applicability of Statutory Limitations to War Crimes and crimes against humanity
  • AMERICAN CONVENTION ON HUMAN RIGHTS – Pact of San Jose Costa Rica
  • Convention concerning Medical Care and Sickness Benefits
  • Declaration of principles for international humanitarian relief to the civilian population in disaster situations
  • Declaration on Social Progress and Development
  • Convention concerning Minimum Wage Fixing, with Special Reference to Developing
  • Declaration on Principles of International Law concerning friendly relations and co-operation among states in accordance with the charter of United Nations
  • Declaration of the Indian Ocean as a Zone of Peace
  • Declaration on the Rights of Mentally Retarded Persons
  • Universal Copyright Convention
  • Convention Concerning the Protection of the World Cultural and Natural Heritage
  • Declaration of the United Nations Conference on the Human Environment
  • Convention on International Trade in Endangered Species of Wild Fauna and Flora
  • International Convention on the Suppression and Punishment of the Crime of Apartheid
  • Minimum Age Convention
  • Principles of cooperation
  • Universal Declaration on the Eradication of Hunger and Malnutrition
  • Declaration on the Protection of All Persons from Being Subjected to Torture
  • Declaration on the Rights of Disabled Persons
  • Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of Mankind
  • Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques
  • Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I)
  • Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II)
  • Declaration on Race and Racial Prejudice
  • Declaration on the Preparation of Societies for Life in Peace
  • Code of Conduct for Law Enforcement Officials
  • Convention on the Elimination of All Forms of Discrimination against Women
  • International Agreement for the Establishment of the University for Peace and Charter of the University for Peace
  • African Charter on Human and Peoples Rights
  • Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief
  • Declaration on the Participation of Women in Promoting International Peace and Cooperation
  • Manila Declaration on the Peaceful Settlement of International Disputes
  • World Charter for Nature
  • Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
  • Declaration on the Right of Peoples to Peace
  • Safeguards guaranteeing protection of the rights of those facing the death penalty
  • Basic Principles on the Independence of the Judiciary
  • Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
  • Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which They Live
  • United Nations Standard Minimum Rules for the Administration of Juvenile Justice
  • Vienna Convention for the Protection of the Ozone Layer
  • Inter-American Convention to Prevent and Punish Torture
  • Declaration on Social and Legal Principles relating to the Protection and Welfare of Children
  • Declaration on the Right to Development
  • Declaration on the Enhancement of the Effectiveness of the Principle of Refraining from the Threat or Use of Force in International Relations
  • Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador)
  • Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
  • Convention concerning Employment Promotion and Protection against Unemployment
  • Declaration on the Prevention and Removal of Disputes and Situations Which May Threaten International Peace and Security
  • Community Charter of Fundamental Social Rights of Workers
  • Convention concerning Indigenous and Tribal Peoples in Independent Countries
  • Convention on the Rights of the Child
  • Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions
  • Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
  • UN Basic Principles on the Role of Lawyers
  • United Nations Guidelines for the Prevention of Juvenile Delinquency
  • World Declaration on Education for All
  • Basic Principles for the Treatment of Prisoners
  • International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
  • United Nations Rules for the Protection of Juveniles Deprived of their Liberty
  • United Nations Standard Minimum Rules for Non-custodial Measures
  • Declaration on Fact-finding by the United Nations in the Field of the Maintenance of International Peace and Security
  • UN Resolution on protection of persons with mental illness
  • Convention on Biological diversity
  • Declaration on the Protection of All Persons from Enforced Disappearance
  • Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities
  • The United Nations Framework Convention on Climate Change
  • United Nations Conference on Environment & Development
  • CONVENTION ON PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION
  • Declaration on the Elimination of Violence against Women
  • National institutions for the promotion and protection of human rights
  • Declaration on the Enhancement of Cooperation between the United Nations and Regional Arrangements or Agencies in the Maintenance on international peace
  • Inter-American Convention on the Prevention, Punishment and. Eradication of Violence against Women
  • Standard Rules on the Equalization of Opportunities for Persons with Disabilities
  • United Nations Conventions to Combat Desertification
  • Declaration and Integrated Framework of Action on Education for Peace, Human Rights and Democracy
  • Declaration of Principles on Tolerance
  • Declaration of Principles of International Cultural Co-operation
  • European Social Charter (revised)
  • INTER-AMERICAN CONVENTION AGAINST CORRUPTION
  • Universal Declaration on Linguistic Rights
  • Sofia Declaration
  • Agenda for Development
  • Declaration on the Responsibilities of the Present Generations Towards Future Generations
  • Kyoto Protocol to the UN Framework Convention on Climate Change
  • Universal Declaration on the Human Genome and Human Rights
  • 1998 Latin-American Declaration on Water
  • Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters
  • Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms
  • ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up
  • Rome Statute of the International Criminal Court
  • World Declaration on Higher Education for the Twenty-first Century
  • Declaration and Programme of Action on a Culture of Peace
  • Declaration and state of progress and initiatives for the future implementation of the Programme of Action for the Sustainable Development of Small Island Developing States
  • Inter American convention on the elimination of all forms of discrimination against persons with disabilities
  • The Hague Agenda for Peace and Justice for the 21 century
  • Worst Forms of Child Labour Convention
  • Principles on the Effective Investigation and Documentation of Torture
  • CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION
  • DECLARATION OF PRINCIPLES ON FREEDOM OF EXPRESSION
  • Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime
  • The Earth Charter
  • United Nations Millennium Declaration
  • 2001 Mexico city Declaration on Human Rights Education in Latin America and the Caribbean
  • Declaration of Commitment on HIV-AIDS
  • INTER-AMERICAN DEMOCRATIC CHARTER
  • Resolution on International cooperation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity
  • Statute of the Iberoamerican Judge
  • UNESCO Universal Declaration on Cultural Diversity
  • Declaration of Principles on Freedom of Expression in Africa
  • Johannesburg Declaration on Sustainable Development
  • United Nations Declaration on the New Partnership for Africa’s Development
  • United Nations Convention against Corruption
  • AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES
  • Universal Declaration of the Rights of Peoples
  • Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law
  • Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized
  • IBEROAMERICAN CONVENTION ON RIGHTS OF YOUTH
  • Universal Declaration on Bioethics and Human Rights
  • Resolution on World Summit Outcome
  • International Convention for the Protection of All Persons from Enforced Disappearance
  • Principles on the application of international human rights law in relation to sexual orientation and gender identity
  • United Nations Convention on the Rights of Persons with Disabilities
  • United Nations Declaration on the Rights of Indigenous Peoples
  • BRASILIA REGULATIONS REGARDING ACCESS TO JUSTICE FOR VULNERABLE PEOPLE
  • HUMAN RIGHTS AND CLIMATE CHANGE IN THE AMERICAS
  • Human rights and climate change
  • ILO Declaration on Social Justice for a Fair Globalization
  • Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas
  • DECLARATION OF SANTO DOMINGO FOR THE SUSTAINABLE DEVELOPMENT OF THE AMERICAS
  • Resolution on the human right to water and sanitation
  • Santiago Declaration on the Human Right to Peace
  • United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders – the Bangkok Rules
  • UNIVERSAL DECLARATION OF THE RIGHTS OF MOTHER EARTH
  • Resolution THE HUMAN RIGHT TO SAFE DRINKING WATER AND SANITATION
  • INTER-AMERICAN CONVENTION AGAINST RACISM, RACIAL DISCRIMINATION AND RELATED FORMS OF INTOLERANCE
  • 2016: AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

 

 

 

STATUTES UPDATED AT August 1, 2018

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