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A Decade of American Foreign Policy 1941-1949 Convention on International Civil Aviation, December 7, 1944 (Excerpts) (1)(a) The International Civil Aviation Organization CHAPTER VII - THE ORGANIZATIONARTICLE 43 An organization to be named the International Civil Aviation Organization is formed by the Convention. It is made up of an Assembly, a Council, and such other bodies as may be necessary. ARTICLE 44 The aims and objectives of the Organization are to develop the principles and techniques of international air navigation and to foster the planning and development of international air transport so as to: (a) Insure the safe and orderly growth of international civil aviation throughout the world; (b) Encourage the arts of aircraft design and operation for peaceful purposes; (c) Encourage the development of airways, airports, and air navigation facilities for international civil aviation; (d) Meet the needs of the peoples of the world for safe, regular, efficient and economical air transport; (e) Prevent economic waste caused by unreasonable competition; (f) Insure that the rights of contracting States are fully respected and that every contracting State has a fair opportunity to operate international airlines; (g) Avoid discrimination between contracting States; (h) Promote safety of flight in international air navigation; (i) Promote generally the development of all aspects of international civil aeronautics. ARTICLE 45 The permanent seat of the Organization shall be at such place as shall be determined at the final meeting of the Interim Assembly of the Provisional International Civil Aviation Organization set up by the Interim Agreement on International Civil Aviation signed at Chicago on December 7, 1944. The seat may be temporarily transferred elsewhere by decision of the Council. ARTICLE 46 The first meeting of the Assembly shall be summoned by the Interim Council of the above-mentioned Provisional Organization as soon as the Convention has come into force, to meet at a time and place to be decided by the Interim Council. ARTICLE 47 The Organization shall enjoy in the territory of each contracting State such legal capacity as may be necessary for the performance of its functions. Full juridical personality shall be granted wherever compatible with the constitution and laws of the State concerned. CHAPTER VIII - THE ASSEMBLY ARTICLE 48 (a) The Assembly shall meet annually and shall be convened by the Council at a suitable time and place. Extraordinary meetings of the Assembly may be held at any time upon the call of the Council or at the request of any ten contracting States addressed to the Secretary General. (b) All contracting States shall have an equal right to be represented at the meetings of the Assembly and each contracting State shall be entitled to one vote. Delegates representing contracting States may be assisted by technical advisers who may participate in the meetings but shall have no vote. (c) A majority of the contracting States is required to constitute a quorum for the meetings of the Assembly. Unless otherwise provided in this Convention, decisions of the Assembly shall be taken by a majority of the votes cast. ARTICLE 49 The powers and duties of the Assembly shall be to: (a) Elect at each meeting its President and other officers; (b) Elect the contracting States to be represented on the Council, in accordance with the provisions of Chapter IX; (c) Examine and take appropriate action on the reports of the Council and decide on any matter referred to it by the Council; (d) Determine its own rules of procedure and establish such subsidiary commissions as it may consider to be necessary or desirable; (e) Vote an annual budget and determine the financial arrangements of the Organization, in accordance with the provisions of Chapter XII; (f) Review expenditures and approve the accounts of the Organization; (g) Refer, at its discretion, to the Council, to subsidiary commissions, or to any other body any matter within its sphere of action; (h) Delegate to the Council the powers and authority necessary or desirable for the discharge of the duties of the Organization and revoke or modify the delegations of authority at any time; (i) Carry out the appropriate provisions of Chapter XIII; (j) Consider proposals for the modification or amendment of the provisions of this Convention and, if it approves of the proposals, recommend them to the contracting States in accordance with the provisions of Chapter XXI; (k) Deal with any matter within the sphere of action of the Organization not specifically assigned to the Council. CHAPTER IX - THE COUNCIL ARTICLE 50 (a) The Council shall be a permanent body responsible to the Assembly. It shall be composed of twenty-one contracting States elected by the Assembly. An election shall be held at the first meeting of the Assembly and thereafter every three years, and the members of the Council so elected shall hold office until the next following election. (b) In electing the members of the Council, the Assembly shall give adequate representation to (1) the States of chief importance in air transport; (2) the States not otherwise included which make the largest contribution to the provision of facilities for international civil air navigation; and (3) the States not otherwise included whose designation will insure that all the major geographic areas of the world are represented on the Council. Any vacancy on the Council shall be filled by the Assembly as soon as possible; any contracting State so elected to the Council shall hold office for the unexpired portion of its predecessor's term of office. (c) No representative of a contracting State on the Council shall be actively associated with the operation of an international air service or financially interested in such a service. ARTICLE 51 The Council shall elect its President for a term of three years. He may be reelected. He shall have no vote. The Council shall elect from among its members one or more Vice Presidents who shall retain their right to vote when serving as acting President. The President need not be selected from among the representatives of the members of the Council but, if a representative is elected, his seat shall be deemed vacant and it shall be filled by the State which he represented. The duties of the President shall be to: (a) Convene meetings of the Council, the Air Transport Committee, and the Air Navigation Commission; (b) Serve as representative of the Council; and (c) Carry out on behalf of the Council the functions which the Council assigns to him. ARTICLE 52 Decisions by the Council shall require approval by a majority of its members. The Council may delegate authority with respect to any particular matter to a committee of its members. Decisions of any committee of the Council may be appealed to the Council by any interested contracting State. ARTICLE 53 Any contracting State may participate, without a vote, in the consideration by the Council and by its committees and commissions of any question which especially affects its interests. No member of the Council shall vote in the consideration by the Council of a dispute to which it is a party. ARTICLE 54 The Council shall: (a) Submit annual reports to the Assembly; (b) Carry out the directions of the Assembly and discharge the duties and obligations which are laid on it by this Convention; (c) Determine its organization and rules of procedure; (d) Appoint and define the duties of an Air Transport Committee, which shall be chosen from among the representatives of the members of the Council, and which shall be responsible to it; (e) Establish an Air Navigation Commission, in accordance with the provisions of Chapter X; (f) Administer the finances of the Organization in accordance with the provisions of Chapters XII and XV; (g) Determine the emoluments of the President of the Council; (h) Appoint a chief executive officer who shall be called the Secretary General, and make provision for the appointment of such other personnel as may be necessary, in accordance with the provisions of Chapter XI; (i) Request, collect, examine and publish information relating to the advancement of air navigation and the operation of international air services, including information about the costs of operation and particulars of subsidies paid to airlines from public funds, (j) Report to contracting States any infraction of this Convention, as well as any failure to carry out recommendations or determinations of the Council; (k) Report to the Assembly any infraction of this Convention where a contracting State has failed to take appropriate action within a reasonable time after notice of the infraction; (l) Adopt, in accordance with the provisions of Chapter VI of this Convention, international standards and recommended practices; for convenience, designate them as Annexes to this Convention; and notify all contracting States of the action taken; (m) Consider recommendations of the Air Navigation Commission for amendment of the Annexes and take action in accordance with the provisions of Chapter XX; (n) Consider any matter relating to the Convention which any contracting State refers to it. ARTICLE 55 The Council may: (a) Where appropriate and as experience may show to be desirable, create subordinate air transport commissions on a regional or other basis and define groups of states or airlines with or through which it may deal to facilitate the carrying out of the aims of this Convention; (b) Delegate to the Air Navigation Commission duties additional to those set forth in the Convention and revoke or modify such delegations of authority at any time; (c) Conduct research into all aspects of air transport and air navigation which are of international importance, communicate the results of its research to the contracting States, and facilitate the exchange of information between contracting States on air transport and air navigation matters: (d) Study any matters affecting the organization and operation of international air transport, including the international ownership and operation of international air services on trunk routes, and submit to the Assembly plans in relation thereto; (e) Investigate, at the request of any contracting State, any situation which may appear to present avoidable obstacles to the development of international air navigation; and, after such investigation, issue such reports as may appear to it desirable. CHAPTER X - THE AIR NAVIGATION COMMISSION ARTICLE 56 The Air Navigation Commission shall be composed of twelve members appointed by the Council from among persons nominated by contracting States. These persons shall have suitable qualifications and experience in the science and practice of aeronautics. The Council shall request all contracting States to submit nominations. The President of the Air Navigation Commission shall be appointed by the Council. ARTICLE 57 The Air Navigation Commission shall: (a) Consider, and recommend to the Council for adoption, modifications of the Annexes to this Convention; (b) Establish technical subcommissions on which any contracting State may be represented, if it so desires; (c) Advise the Council concerning the collection and communication to the contracting States of all information which it considers necessary and useful for the advancement of air navigation. CHAPTER XI - PERSONNEL ARTICLE 58 Subject to any rules laid down by the Assembly and to the provisions of this Convention, the Council shall determine the method of appointment and of termination of appointment, the training, and the salaries, allowances, and conditions of service of the Secretary General and other personnel of the Organization, and may employ or make use of the services of nationals of any contracting State. ARTICLE 59 The President of the Council, the Secretary General, and other personnel shall not seek or receive instructions in regard to the discharge of their responsibilities from any authority external to the Organization. Each contracting State undertakes fully to respect the international character of the responsibilities of the personnel and not to seek to influence any of its nationals in the discharge of their responsibilities, ARTICLE 60 Each contracting State undertakes, so far as possible under its constitutional procedure, to accord to the President of the Council, the Secretary General, and the other personnel of the Organization, the immunities and privileges which are accorded to corresponding personnel of other public international organizations. If a general international agreement on the immunities and privileges of international civil servants is arrived at, the immunities and privileges accorded to the President, the Secretary General, and the other personnel of the Organization shall be the immunities and privileges accorded under that general international agreement. CHAPTER XII - FINANCE ARTICLE 61 The Council shall submit to the Assembly an annual budget, annual statements of accounts and estimates of all receipts and expenditures. The Assembly shall vote the budget with whatever modification it sees fit to prescribe, and, with the exception of assessments under Chapter XV to States consenting thereto, shall apportion the expenses of the Organization among the contracting States on the basis which it shall from time to time determine. ARTICLE 62 The Assembly may suspend the voting power in the Assembly and in the Council of any contracting State that fails to discharge within a reasonable period its financial obligations to the Organization. ARTICLE 63 Each contracting State shall bear the expenses of its own delegation to the Assembly and the remuneration, travel, and other expenses of any person whom it appoints to serve on the Council, and of its nominees or representatives on any subsidiary committees or commissions of the Organization. CHAPTER XIII - OTHER INTERNATIONAL ARRANGEMENTS ARTICLE 64 The Organization may, with respect to air matters within its competence directly affecting world security, by vote of the Assembly enter into appropriate arrangements with any general organization set up by the nations of the world to preserve peace. ARTICLE 65 The Council, on behalf of the Organization, may enter into agreements with other international bodies for the maintenance of common services and for common arrangements concerning personnel and, with the approval of the Assembly, may enter into such other arrangements as may facilitate the work of the Organization. ARTICLE 66 (a) The Organization shall also carry out the functions placed upon it by the International Air Services Transit Agreement and by the International Air Transport Agreement drawn up at Chicago on December 7, 1944 in accordance with the terms and conditions therein set forth. (b) Members of the Assembly and the Council who have not accepted the International Air Services Transit Agreement or the International Air Transport Agreement drawn up at Chicago on December 7, 1944 shall not have the right to vote on any questions referred to the Assembly or Council under the provisions of the relevant Agreement. SIGNATURE OF CONVENTION In witness whereof, the undersigned plenipotentiaries, having been duly authorized, sign this Convention on behalf of their respective governments on the dates appearing opposite their signatures. Done at Chicago the seventh day of December 1944, in the English language. A text drawn up in the English, French, and Spanish languages, each of which shall be of equal authenticity, shall be opened for signature at Washington, D. C. Both texts shall be deposited in the archives of the Government of the United States of America, and certified copies shall be transmitted by that Government to the governments of all the States which may sign or adhere to this Convention. [Here follow the signatures of the plenipotentiaries.] (b) International Air Services Transit Agreement(Two Freedoms) (2) The States which sign and accept this International Air Services Transit Agreement, being members of the International Civil Aviation Organization, declare as follows: ARTICLE I SECTION 1 Each contracting State grants to the other contracting States the following freedoms of the air in respect of scheduled international air services: (1) The privilege to fly across its territory without landing; (2) The privilege to land for non-traffic purposes. The privileges of this section shall not be applicable with respect to airports utilized for military purposes to the exclusion of any scheduled international air services. In areas of active hostilities or of military occupation, and in time of war along the supply routes leading to such areas, the exercise of such privileges shall be subject to the approval of the competent military authorities. SECTION 2 The exercise of the foregoing privileges shall be in accordance with the provisions of the Interim Agreement on International Civil Aviation and, when it comes into force, with the provisions of the Convention on International Civil Aviation, both drawn up at Chicago on December 7, 1944. SECTION 3 A contracting State granting to the airlines of another contracting State the privilege to stop for non-traffic purposes may require such airlines to offer reasonable commercial service at the points at which such stops are made. Such requirement shall not involve any discrimination between airlines operating on the same route, shall take into account the capacity of the aircraft, and shall be exercised in such a manner as not to prejudice the normal operations of the international air services concerned or the rights and obligations of a contracting State. SECTION 4 Each contracting State may, subject to the provisions of this Agreement, (1) Designate the route to be followed within its territory by any international air service and the airports which any such service may use; (2) Impose or permit to be imposed on any such service just and reasonable charges for the use of such airports and other facilities; these charges shall not be higher than would be paid for the use of such airports and facilities by its national aircraft engaged in similar international services: provided that, upon representation by an interested contracting State, the charges imposed for the use of airports and other facilities shall be subject to review by the Council of the International Civil Aviation Organization established under the above-mentioned Convention, which shall report and make recommendations thereon for the consideration of the State or States concerned. SECTION 5 Each contracting State reserves the right to withhold or revoke a certificate or permit to an air transport enterprise of another State in any case where it is not satisfied that substantial ownership and effective control are vested in nationals of a contracting State, or in case of failure of such air transport enterprise to comply with the laws of the State over which it operates, or to perform its obligations under this Agreement. ARTICLE II SECTION 1 A contracting State which deems that action by another contracting State under this Agreement is causing injustice or hardship to it, may request the Council to examine the situation. The Council shall thereupon inquire into the matter, and shall call the States concerned into consultation. Should such consultation fail to resolve the difficulty, the Council may make appropriate findings and recommendations to the contracting States concerned. If thereafter a contracting State concerned shall in the opinion of the Council unreasonably fail to take suitable corrective action, the Council may recommend to the Assembly of the above-mentioned Organization that such contracting State be suspended from its rights and privileges under this Agreement until such action has been taken. The Assembly by a two-thirds vote may so suspend such contracting State for such period of time as it may deem proper or until the Council shall find that corrective action has been taken by such State. SECTION 2 If any disagreement between two or more contracting States relating to the interpretation or application of this Agreement cannot be settled by negotiation, the provisions of Chapter XVIII of the above-mentioned Convention shall be applicable in the same manner as provided therein with reference to any disagreement relating to the interpretation or application of the above-mentioned Convention. ARTICLE III This Agreement shall remain in force as long as the above-mentioned Convention; provided, however, that any contracting State, a party to the present Agreement, may denounce it on one year's notice given by it to the Government of the United States of America, which shall at once inform all other contracting States of such notice and withdrawal. ARTICLE IV Pending the coming into force of the above-mentioned Convention, all references to it herein, other than those contained in Article II, Section 2, and Article V, shall be deemed to be reference to the Interim Agreement on International Civil Aviation drawn up at Chicago on December 7, 1944; and references to the International Civil Aviation Organization, the Assembly, and the Council shall be deemed to be references to the Provisional International Civil Aviation Organization, the Interim Assembly, and Interim Council, respectively. ARTICLE V For the purpose of this Agreement, "territory" shall be defined as in Article 2 of the above-mentioned Convention. ARTICLE VI SIGNATURES AND ACCEPTANCES OF AGREEMENT The undersigned delegates to the International Civil Aviation Conference, convened in Chicago on November 1, 1944, have affixed their signatures to this Agreement with the understanding that the Government of the United States of America shall be informed at the earliest possible date by each of the governments on whose behalf the Agreement has been signed whether signature on its behalf shall constitute an acceptance of the Agreement by that government and an obligation binding upon it. Any State a member of the International Civil Aviation Organization may accept the present Agreement as an obligation binding upon it by notification of its acceptance to the Government of the United States, and such acceptance shall become effective upon the date of the receipt of such notification by that Government. This Agreement shall come into force as between contracting States upon its acceptance by each of them. Thereafter it shall become binding as to each other State indicating its acceptance to the Government of the United States on the date of the receipt of the acceptance by that Government. The Government of the United States shall inform all signatory and accepting States of the date of all acceptances of the Agreement, and of the date on which it comes into force for each accepting State. IN WITNESS WHEREOF, the undersigned, having been duly authorized, sign this Agreement on behalf of their respective governments on the dates appearing opposite their respective signatures. DONE at Chicago the seventh day of December 1944, in the English language. A text drawn up in the English, French, and Spanish languages, each of which shall be of equal authenticity, shall be opened for signature at Washington, D. C. Both texts shall be deposited in the archives of the Government of the United States of America, and certified copies shall be transmitted by that Government to the governments of all the States which may sign or accept this Agreement. (c) International Air Transport Agreement (Five Freedoms)(3) The States which sign and accept this International Air Transport Agreement being members of the International Civil Aviation Organization declare as follows: ARTICLE I SECTION I Each contracting State grants to the other contracting States the following freedoms of the air in respect of scheduled international air services: (1) The privilege to fly across its territory without landing; (2) The privilege to land for non-traffic purposes; (3) The privilege to put down passengers, mail and cargo taken on in the territory of the State whose nationality the aircraft possesses; (4) The privilege to take on passengers, mail and cargo destined for the territory of the State whose nationality the aircraft possesses; (5) The privilege to take on passengers, mail and cargo destined for the territory of any other contracting State and the privilege to put down passengers, mail and cargo coming from any such territory. With respect to the privileges specified under paragraphs (3), (4) and (5) of this section, the undertaking of each contracting State relates only to through services on a route constituting a reasonably direct line out from and back to the homeland of the State whose nationality the aircraft possesses. The privileges of this section shall not be applicable with respect to airports utilized for military purposes to the exclusion of any scheduled international air services. In areas of active hostilities or of military occupation, and in time of war along the supply routes leading to such areas, the exercise of such privileges shall be subject to the approval of the competent military authorities. SECTION 2 The exercise of the foregoing privileges shall be in accordance with the provisions of the Interim Agreement on International Civil Aviation and, when it comes into force, with the provisions of the Convention on International Civil Aviation, both drawn up at Chicago on December 7, 1944. SECTION 3 A contracting State granting to the airlines of another contracting State the privilege to stop for nontraffic purposes may require such airlines to offer reasonable commercial service at the points at which such stops are made. Such requirement shall not involve any discrimination between airlines operating on the same route, shall take into account the capacity of the aircraft, and shall be exercised in such a manner as not to prejudice the normal operations of the international air services concerned or the rights and obligations of any contracting State. SECTION 4 Each contracting State shall have the right to refuse permission to the aircraft of other contracting States to take on in its territory passengers, mail and cargo carried for remuneration or hire and destined for another point within its territory. Each contracting State undertakes not to enter into any arrangements which specifically grant any such privilege on an exclusive basis to any other State or an airline of any other State, and not to obtain any such exclusive privilege from any other State. SECTION 5 Each contracting State may, subject to the provisions of this Agreement, (1) Designate the route to be followed within its territory by any international air service and the airports which any such service may use; (2) Impose or permit to be imposed on any such service just and reasonable charges for the use of such airports and other facilities; these charges shall not be higher than would be paid for the use of such airports and facilities by its national aircraft engaged in similar international services: provided that, upon representation by an interested contracting State, the charges imposed for the use of airports and other facilities shall be subject to review by the Council of the International Civil Aviation Organization established under the above-mentioned Convention, which shall report and make recommendations thereon for the consideration of the State or States concerned. SECTION 6 Each contracting State reserves the right to withhold or revoke a certificate or permit to an air transport enterprise of another State in any case where it is not satisfied that substantial ownership and effective control are vested in nationals of a contracting State, or in case of failure of such air transport enterprise to comply with the laws of the State over which it operates, or to perform its obligations under this Agreement. ARTICLE II SECTION 1 The contracting States accept this Agreement as abrogating all obligations and understandings between them which are inconsistent with its terms, and undertake not to enter into any such obligations and understandings. A contracting State which has undertaken any other obligations inconsistent with this Agreement shall take immediate steps to procure its release from the obligations. If an airline of any contracting State has entered into any such inconsistent obligations, the State of which it is a national shall use its best efforts to secure their termination forthwith and shall in any event cause them to be terminated as soon as such action can lawfully be taken after the coming into force of this Agreement. SECTION 2 Subject to the provisions of the preceding section, any contracting State may make arrangements concerning international air services not inconsistent with this Agreement. Any such arrangement shall be forthwith registered with the Council, which shall make it public as soon as possible. ARTICLE III Each contracting State undertakes that in the establishment and operation of through services due consideration shall be given to the interests of the other contracting States so as not to interfere unduly with their regional services or to hamper the development of their through services. ARTICLE IV SECTION 1 Any contracting State may by reservation attached to this Agreement at the time of signature or acceptance elect not to grant and receive the rights and obligations of Article 1, Section 1, paragraph (5), and may at any time after acceptance, on six months' notice, given by it to the Council, withdraw itself from such rights and obligations. Such contracting State may on six months' notice to the Council assume or resume, as the case may be, such rights and obligations. No contracting State shall be obliged to grant any rights under the said paragraph to any contracting State not bound thereby. SECTION 2 A contracting State which deems that action by another contracting State under this Agreement is causing injustice or hardship to it, may request the Council to examine the situation. The Council shall thereupon inquire into the matter, and shall call the States concerned into consultation. Should such consultation fail to resolve the difficulty, the Council may make appropriate findings and recommendations to the contracting States concerned. If thereafter a contracting State concerned shall in the opinion of the Council unreasonably fail to take suitable corrective action, the Council may recommend to the Assembly of the above-mentioned Organization that such contracting State be suspended from its rights and privileges under this Agreement until such action has been taken. The Assembly by a two-thirds vote may so suspend such contracting State for such period of time as it may deem proper or until the Council shall find that corrective action. has been taken by such State. SECTION 3 If any disagreement between two or more contracting States relating to the interpretation or application of this Agreement cannot be settled by negotiation, the provisions of Chapter XVIII of the above-mentioned Convention shall be applicable in the same manner as provided therein with reference to any disagreement relating to the interpretation or application of the above-mentioned Convention. ARTICLE V This agreement shall remain in force as long as the above-mentioned Convention; provided, however, that any contracting State, a party to the present Agreement, may denounce it on one year's notice given by it to the Government of the United States of America, which shall at once inform all other contracting States of such notice and withdrawal. ARTICLE VI Pending the coming into force of the above-mentioned Convention, all references to it herein other than those contained in Article IV, Section 3, and Article VII shall be deemed to be references to the Interim Agreement on International Civil Aviation drawn up at Chicago on December 7, 1944; and references to the International Civil Aviation Organization, the Assembly, and the Council shall be deemed to be references to the Provisional International Civil Aviation Organization, the Interim Assembly, and the Interim Council, respectively. ARTICLE VII For the purposes of this Agreement, "territory" shall be defined as in Article 2 of the above-mentioned Convention. ARTICLE VIII SIGNATURES AND ACCEPTANCES OF AGREEMENT The undersigned delegates to the International Civil Aviation Conference, convened in Chicago on November 1, 1944, have affixed their signatures to this Agreement with the understanding that the Government of the United States of America shall be informed at the earliest possible date by each of the governments on whose behalf the Agreement has been signed whether signature on its behalf shall constitute an acceptance of the Agreement by that government and an obligation binding upon it. Any State a member of the International Civil Aviation Organization may accept the present Agreement as an obligation binding upon it by notification of its acceptance to the Government of the United States, and such acceptance shall become effective upon the date of the receipt of such notification by that Government. This Agreement shall come into force as between contracting States upon its acceptance by each of them. Thereafter it shall become binding as to each other State indicating its acceptance to the Government of the United States on the date of the receipt of the acceptance by that Government. The Government of the United States shall inform all signatory and accepting States of the date of all acceptances of the Agreement, and of the date on which it comes into force for each accepting State. IN WITNESS WHEREOF, the undersigned, having been duly authorized, sign this Agreement on behalf of their respective governments on the date appearing opposite their respective signatures. DONE at Chicago the seventh day of December 1944 in the English language. A text drawn up in the English, French, and Spanish languages, each of which shall be of equal authenticity, shall be opened for signature at Washington, D. C. Both texts shall be deposited in the archives of the Government of the United States of America, and certified copies shall be transmitted by that Government to the governments of all the States which may sign or accept this Agreement. (d) Protocol Relating to an Amendment to the Convention on International Civil Aviation May 27, 1947(4) TEXT OF PROTOCOL The Assembly of the International Civil Aviation Organization, Having been convened at Montreal by the Interim Council of the Provisional International Civil Aviation Organization, and having met in its First, Session on May 6th 1947, and Having considered it advisable to amend the Convention on International Civil Aviation done at Chicago on December 7th 1944, Approved on the thirteenth day of May of the year one thousand nine hundred and forty-seven, in accordance with the provisions of Article 94 (a) of the Convention on International Civil Aviation done fit Chicago on December 7th 1944, the following proposed amendment to the said Convention which shall be numbered as " Article 93 bis": "Article 93 bis" (A) Notwithstanding the provisions of Articles 91, 92 and 93, above, (1) A State whose government the General Assembly of the United Nations has recommended be debarred from membership in international agencies established by or brought into relationship with the United Nations shall automatically cease to be a member of the International Civil Aviation Organization; (2) A State which has been expelled from membership in the United Nations shall automatically cease to be a member of the International Civil Aviation Organization unless the General Assembly of the United Nations attaches to its act of expulsion a recommendation to the contrary. (B) A State which ceases to be a member of the International Civil Aviation Organization as a result of the provisions of paragraph (A) above may, after approval by the General Assembly of the United Nations, be readmitted to the International Civil Aviation Organization upon application and upon approval by a majority of the Council. (C) Members of the Organization which are suspended from the exercise of the rights and privileges of membership of the United Nations shall, upon the request of the latter, be suspended from the rights and privileges of membership in this Organization", Specified on the sixteenth day of May of the year one thousand nine hundred and forty-seven, pursuant to the provisions of the said Article 94 (a) of the said Convention, that the above mentioned amendment shall come into force when ratified by twenty-eight Contracting States, and Instructed at the same date the Secretary General of the International Civil Aviation Organization to draw up a Protocol embodying this proposed amendment and to the following effect, which Protocol shall be signed by the President and the Secretary General of the First Assembly. Consequently, pursuant to the aforesaid action of the Assembly, The present Protocol shall be subject to ratification by any State which has ratified or adhered to the said Convention. The instruments of ratification shall be transmitted to the Secretary General of the International Civil Aviation Organization for deposit in the archives of the Organization; the Secretary General of the Organization shall immediately notify all Contracting States of the date of deposit of each ratification; The aforesaid proposed amendment of the Convention shall come into force, in respect of the States which have ratified this Protocol, on the date on which the twenty-eighth instrument of ratification is deposited. The Secretary General of the Organization shall immediately notify all the States parties to or signatories of the said Convention of the date on which the proposed amendment comes into, force; The aforesaid proposed amendment shall come into force in respect of each State ratifying after that date upon deposit of its instrument of ratification in the archives of the Organization. In faith whereof the President and the Secretary General of the First Assembly of the International Civil Aviation Organization, being authorized thereto by the Assembly, sign this present Protocol. Done at Montreal on the twenty-seventh day of May of the year one thousand nine hundred and forty-seven in a single document in the English, French and Spanish languages, each being equally authentic. This Protocol shall remain deposited in the archives of the International Civil Aviation Organization; and certified copies thereof shall be transmitted by the Secretary General of the Organization to all States parties to or signatories of the Convention on International Civil Aviation done at Chicago on December 7th 1944. ARTHUR S. DRAKFFORD President of the First AssemblyALBERT ROPERSecretary General of the First Assembly1 International Civil Aviation Conference, Chicago, Ill., November 1-December 7, 1944:Final Act and Related Documents, pp. 71-78, 86, Department of State publication 2282, Conference Series 64; also, Convention on International Civil Aviation, Department of State publication 2816, Treaties and Other International Acts Series 1591. Convention ratified by President of the United States August 6, 1946; effective April 4,1947. Draft agreement of relationship between ICAO and the United Nations was approved by the General Assembly on December 14, 1946 subject, however, to compliance by ICAO with any decision of the GA regarding the Franco Government of Spain. Back 2 The President accepted this agreement on behalf of the United States on February 8, 1945. Back 3 The President accepted this agreement on behalf of the United States on February 8, 1945. On July 25, 1946, the United States gave notice of the withdrawal of its acceptance. Back 4 S. Exec. GG, 80th Cong., 1st sess. Department of State Bulletin of July 27, 1947, pp. 175-177. As of December 31, 1949, the Senate had taken no action on the protocol. Back

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    The General Assembly, Recalling all its previous resolutions on the rights of the child topic, and in particular its resolution 54/149 of 17 December 1999, in which it strongly supported the work of the open-ended inter-sessional working groups and urged them to finalize their work before the tenth anniversary of the entry into force of the Convention on the Rights of the Child, Expressing its appreciation to the Commission on Human Rights for having finalized the texts of the two optional protocols to the Convention on the Rights of the Child, on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography, Conscious of the tenth anniversaries, in the year 2000, of the World Summit for Children and the entry into force of the Convention on the Rights of the Child and of the symbolic and practical importance of the adoption of the two optional protocols to the Convention on the Rights of the Child before the special session of the General Assembly for the follow-up to the World Summit for Children, to be convened in 2001, Adhering to the principle that the best interests of the child are to be a primary consideration in all actions concerning children, Reaffirming its commitment to strive for the promotion and protection of the rights of the child in all avenues of life, Recognizing that the adoption and implementation of the two optional protocols will make a substantial contribution to the promotion and protection of the rights of the child, 1. Adopts and opens for signature, ratification and accession the two optional protocols to the Convention on the Rights of the Child,1 on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography, the texts of which are annexed to the present resolution; 2. Invites all States that have signed, ratified or acceded to the Convention on the Rights of the Child to sign and ratify or accede to the annexed optional protocols as soon as possible in order to facilitate their early entry into force; 3. Decides that the two optional protocols to the Convention on the Rights of the Child will be opened for signature at the special session of the General Assembly, entitled "Women 2000: gender equality, development and peace for the twenty-first century", to be convened from 5 to 9 June 2000 in New York, and thereafter at United Nations Headquarters, at the special session of the General Assembly, entitled "World Summit for Social Development and beyond: achieving social development for all in a globalizing world", to be convened from 26 to 30 June 2000 in Geneva, and at the Millennium Summit of the United Nations, to be convened from 6 to 8 September 2000 in New York; 4. Requests the Secretary-General to include information on the status of the two optional protocols in his regular report to the General Assembly on the status of the Convention on the Rights of the Child. Annex II Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography The States Parties to the present Protocol, Considering that, in order further to achieve the purposes of the Convention on the Rights of the Child1 and the implementation of its provisions, especially articles 1, 11, 21, 32, 33, 34, 35 and 36, it would be appropriate to extend the measures that States Parties should undertake in order to guarantee the protection of the child from the sale of children, child prostitution and child pornography, Considering also that the Convention on the Rights of the Child recognizes the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development, Gravely concerned at the significant and increasing international traffic of children for the purpose of the sale of children, child prostitution and child pornography, Deeply concerned at the widespread and continuing practice of sex tourism, to which children are especially vulnerable, as it directly promotes the sale of children, child prostitution and child pornography, Recognizing that a number of particularly vulnerable groups, including girl children, are at greater risk of sexual exploitation, and that girl children are disproportionately represented among the sexually exploited, Concerned about the growing availability of child pornography on the Internet and other evolving technologies, and recalling the International Conference on Combating Child Pornography on the Internet (Vienna, 1999) and, in particular, its conclusion calling for the worldwide criminalization of the production, distribution, exportation, transmission, importation, intentional possession and advertising of child pornography, and stressing the importance of closer cooperation and partnership between Governments and the Internet industry, Believing that the elimination of the sale of children, child prostitution and child pornography will be facilitated by adopting a holistic approach, addressing the contributing factors, including underdevelopment, poverty, economic disparities, inequitable socio-economic structure, dysfunctioning families, lack of education, urban-rural migration, gender discrimination, irresponsible adult sexual behaviour, harmful traditional practices, armed conflicts and trafficking of children, Believing that efforts to raise public awareness are needed to reduce consumer demand for the sale of children, child prostitution and child pornography, and also believing in the importance of strengthening global partnership among all actors and of improving law enforcement at the national level, Noting the provisions of international legal instruments relevant to the protection of children, including the Hague Convention on the Protection of Children and Cooperation with Respect to Inter-Country Adoption, the Hague Convention on the Civil Aspects of International Child Abduction, the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children, and International Labour Organization Convention No. 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, Encouraged by the overwhelming support for the Convention on the Rights of the Child, demonstrating the widespread commitment that exists for the promotion and protection of the rights of the child, 3 Official Records of the Economic and Social Council, 1992, Supplement No. 2 (E/1992/22), chap. II, sect. A, resolution 1992/74, annex. 4 A/51/385, annex. Recognizing the importance of the implementation of the provisions of the Programme of Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography3 and the Declaration and Agenda for Action adopted at the World Congress against Commercial Sexual Exploitation of Children, held at Stockholm from 27 to 31 August 1996,4 and the other relevant decisions and recommendations of pertinent international bodies, Taking due account of the importance of the traditions and cultural values of each people for the protection and harmonious development of the child, Have agreed as follows: Article 1 States Parties shall prohibit the sale of children, child prostitution and child pornography as provided for by the present Protocol. Article 2 For the purpose of the present Protocol: (a) Sale of children means any act or transaction whereby a child is transferred by any person or group of persons to another for remuneration or any other consideration; (b) Child prostitution means the use of a child in sexual activities for remuneration or any other form of consideration; (c) Child pornography means any representation, by whatever means, of a child engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a child for primarily sexual purposes. Article 3 1. Each State Party shall ensure that, as a minimum, the following acts and activities are fully covered under its criminal or penal law, whether these offences are committed domestically or transnationally or on an individual or organized basis: (a) In the context of sale of children as defined in article 2: (i) The offering, delivering or accepting, by whatever means, a child for the purpose of: a. Sexual exploitation of the child; b. Transfer of organs of the child for profit; c. Engagement of the child in forced labour; (ii) Improperly inducing consent, as an intermediary, for the adoption of a child in violation of applicable international legal instruments on adoption; (b) Offering, obtaining, procuring or providing a child for child prostitution, as defined in article 2; (c) Producing, distributing, disseminating, importing, exporting, offering, selling or possessing for the above purposes child pornography as defined in article 2. 2. Subject to the provisions of a State Party's national law, the same shall apply to an attempt to commit any of these acts and to complicity or participation in any of these acts. 3. Each State Party shall make these offences punishable by appropriate penalties that take into account their grave nature. 4. Subject to the provisions of its national law, each State Party shall take measures, where appropriate, to establish the liability of legal persons for offences established in paragraph 1 of the present article. Subject to the legal principles of the State Party, this liability of legal persons may be criminal, civil or administrative. 5. States Parties shall take all appropriate legal and administrative measures to ensure that all persons involved in the adoption of a child act in conformity with applicable international legal instruments. Article 4 1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 3, paragraph 1, when the offences are commited in its territory or on board a ship or aircraft registered in that State. 2. Each State Party may take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 3, paragraph 1, in the following cases: (a) When the alleged offender is a national of that State or a person who has his habitual residence in its territory; (b) When the victim is a national of that State. 3. Each State Party shall also take such measures as may be necessary to establish its jurisdiction over the above-mentioned offences when the alleged offender is present in its territory and it does not extradite him or her to another State Party on the ground that the offence has been committed by one of its nationals. 4. This Protocol does not exclude any criminal jurisdiction exercised in accordance with internal law. Article 5 1. The offences referred to in article 3, paragraph 1, shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties and shall be included as extraditable offences in every extradition treaty subsequently concluded between them, in accordance with the conditions set forth in those treaties. 2. If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Protocol as a legal basis for extradition in respect of such offences. Extradition shall be subject to the conditions provided by the law of the requested State. 3. States Parties that do not make extradition conditional on the existence of a treaty shall recognize such offences as extraditable offences between themselves subject to the conditions provided by the law of the requested State. 4. Such offences shall be treated, for the purpose of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in the territories of the States required to establish their jurisdiction in accordance with article 4. 5. If an extradition request is made with respect to an offence described in article 3, paragraph 1, and if the requested State Party does not or will not extradite on the basis of the nationality of the offender, that State shall take suitable measures to submit the case to its competent authorities for the purpose of prosecution. Article 6 1. States Parties shall afford one another the greatest measure of assistance in connection with investigations or criminal or extradition proceedings brought in respect of the offences set forth in article 3, paragraph 1, including assistance in obtaining evidence at their disposal necessary for the proceedings. 2. States Parties shall carry out their obligations under paragraph 1 of the present article in conformity with any treaties or other arrangements on mutual legal assistance that may exist between them. In the absence of such treaties or arrangements, States Parties shall afford one another assistance in accordance with their domestic law. Article 7 States Parties shall, subject to the provisions of their national law: (a) Take measures to provide for the seizure and confiscation, as appropriate, of: (i) Goods such as materials, assets and other instrumentalities used to commit or facilitate offences under the present protocol; (ii) Proceeds derived from such offences; (b) Execute requests from another State Party for seizure or confiscation of goods or proceeds referred to in subparagraph (a) (i); (c) Take measures aimed at closing, on a temporary or definitive basis, premises used to commit such offences. Article 8 1. States Parties shall adopt appropriate measures to protect the rights and interests of child victims of the practices prohibited under the present Protocol at all stages of the criminal justice process, in particular by: (a) Recognizing the vulnerability of child victims and adapting procedures to recognize their special needs, including their special needs as witnesses; (b) Informing child victims of their rights, their role and the scope, timing and progress of the proceedings and of the disposition of their cases; (c) Allowing the views, needs and concerns of child victims to be presented and considered in proceedings where their personal interests are affected, in a manner consistent with the procedural rules of national law; (d) Providing appropriate support services to child victims throughout the legal process; (e) Protecting, as appropriate, the privacy and identity of child victims and taking measures in accordance with national law to avoid the inappropriate dissemination of information that could lead to the identification of child victims; (f) Providing, in appropriate cases, for the safety of child victims, as well as that of their families and witnesses on their behalf, from intimidation and retaliation; (g) Avoiding unnecessary delay in the disposition of cases and the execution of orders or decrees granting compensation to child victims. 2. States Parties shall ensure that uncertainty as to the actual age of the victim shall not prevent the initiation of criminal investigations, including investigations aimed at establishing the age of the victim. 3. States Parties shall ensure that, in the treatment by the criminal justice system of children who are victims of the offences described in the present Protocol, the best interest of the child shall be a primary consideration. 4. States Parties shall take measures to ensure appropriate training, in particular legal and psychological training, for the persons who work with victims of the offences prohibited under the present Protocol. 5. States Parties shall, in appropriate cases, adopt measures in order to protect the safety and integrity of those persons and/or organizations involved in the prevention and/or protection and rehabilitation of victims of such offences. 6. Nothing in the present article shall be construed as prejudicial to or inconsistent with the rights of the accused to a fair and impartial trial. Article 9 1. States Parties shall adopt or strengthen, implement and disseminate laws, administrative measures, social policies and programmes to prevent the offences referred to in the present Protocol. Particular attention shall be given to protect children who are especially vulnerable to these practices. 2. States Parties shall promote awareness in the public at large, including children, through information by all appropriate means, education and training, about the preventive measures and harmful effects of the offences referred to in the present Protocol. In fulfilling their obligations under this article, States Parties shall encourage the participation of the community and, in particular, children and child victims, in such information and education and training programmes, including at the international level. 3. States Parties shall take all feasible measures with the aim of ensuring all appropriate assistance to victims of such offences, including their full social reintegration and their full physical and psychological recovery. 4. States Parties shall ensure that all child victims of the offences described in the present Protocol have access to adequate procedures to seek, without discrimination, compensation for damages from those legally responsible. 5. States Parties shall take appropriate measures aimed at effectively prohibiting the production and dissemination of material advertising the offences described in the present Protocol. Article 10 1. States Parties shall take all necessary steps to strengthen international cooperation by multilateral, regional and bilateral arrangements for the prevention, detection, investigation, prosecution and punishment of those responsible for acts involving the sale of children, child prostitution, child pornography and child sex tourism. States Parties shall also promote international cooperation and coordination between their authorities, national and international non-governmental organizations and international organizations. 2. States Parties shall promote international cooperation to assist child victims in their physical and psychological recovery, social reintegration and repatriation. 3. States Parties shall promote the strengthening of international cooperation in order to address the root causes, such as poverty and underdevelopment, contributing to the vulnerability of children to the sale of children, child prostitution, child pornography and child sex tourism. 4. States Parties in a position to do so shall provide financial, technical or other assistance through existing multilateral, regional, bilateral or other programmes. Article 11 Nothing in the present Protocol shall affect any provisions that are more conducive to the realization of the rights of the child and that may be contained in: (a) The law of a State Party; (b) International law in force for that State. Article 12 1. Each State Party shall submit, within two years following the entry into force of the Protocol for that State Party, a report to the Committee on the Rights of the Child providing comprehensive information on the measures it has taken to implement the provisions of the Protocol. 2. Following the submission of the comprehensive report, each State Party shall include in the reports they submit to the Committee on the Rights of the Child, in accordance with article 44 of the Convention, any further information with respect to the implementation of the Protocol. Other States Parties to the Protocol shall submit a report every five years. 3. The Committee on the Rights of the Child may request from States Parties further information relevant to the implementation of this Protocol. Article 13 1. The present Protocol is open for signature by any State that is a party to the Convention or has signed it. 2. The present Protocol is subject to ratification and is open to accession by any State that is a party to the Convention or has signed it. Instruments of ratification or accession shall be deposited with the Secretary-General of the United Nations. Article 14 1. The present Protocol shall enter into force three months after the deposit of the tenth instrument of ratification or accession. 2. For each State ratifying the present Protocol or acceding to it after its entry into force, the present Protocol shall enter into force one month after the date of the deposit of its own instrument of ratification or accession. Article 15 1. Any State Party may denounce the present Protocol at any time by written notification to the Secretary-General of the United Nations, who shall thereafter inform the other States Parties to the Convention and all States that have signed the Convention. The denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General of the United Nations. 2. Such a denunciation shall not have the effect of releasing the State Party from its obligations under this Protocol in regard to any offence that occurs prior to the date on which the denunciation becomes effective. Nor shall such a denunciation prejudice in any way the continued consideration of any matter that is already under consideration by the Committee prior to the date on which the denunciation becomes effective. Article 16 1. Any State Party may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate the proposed amendment to States Parties, with a request that they indicate whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that, within four months from the date of such communication, at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of States Parties present and voting at the conference shall be submitted to the General Assembly for approval. 2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into force when it has been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of States Parties. 3. When an amendment enters into force, it shall be binding on those States Parties that have accepted it, other States Parties still being bound by the provisions of the present Protocol and any earlier amendments that they have accepted. Article 17 1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations. 2. The Secretary-General of the United Nations shall transmit certified copies of the present Protocol to all States Parties to the Convention and all States that have signed the Convention. 1. Resolution 44/25, annex. Home / Treaties / Search / Links

    Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, G.A. Res. 54/263, Annex II, 54 U.N. GAOR Supp. (No. 49) at 6, U.N....
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      The General Assembly, Recalling all its previous resolutions on the rights of the child topic, and in particular its resolution 54/149 of 17 December 1999, in which it strongly supported the work of the open-ended inter-sessional working groups and urged them to finalize their work before the tenth anniversary of the entry into force of the Convention on the Rights of the Child, Expressing its appreciation to the Commission on Human Rights for having finalized the texts of the two optional protocols to the Convention on the Rights of the Child, on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography, Conscious of the tenth anniversaries, in the year 2000, of the World Summit for Children and the entry into force of the Convention on the Rights of the Child and of the symbolic and practical importance of the adoption of the two optional protocols to the Convention on the Rights of the Child before the special session of the General Assembly for the follow-up to the World Summit for Children, to be convened in 2001, Adhering to the principle that the best interests of the child are to be a primary consideration in all actions concerning children, Reaffirming its commitment to strive for the promotion and protection of the rights of the child in all avenues of life, Recognizing that the adoption and implementation of the two optional protocols will make a substantial contribution to the promotion and protection of the rights of the child, 1. Adopts and opens for signature, ratification and accession the two optional protocols to the Convention on the Rights of the Child,1 on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography, the texts of which are annexed to the present resolution; 2. Invites all States that have signed, ratified or acceded to the Convention on the Rights of the Child to sign and ratify or accede to the annexed optional protocols as soon as possible in order to facilitate their early entry into force; 3. Decides that the two optional protocols to the Convention on the Rights of the Child will be opened for signature at the special session of the General Assembly, entitled "Women 2000: gender equality, development and peace for the twenty-first century", to be convened from 5 to 9 June 2000 in New York, and thereafter at United Nations Headquarters, at the special session of the General Assembly, entitled "World Summit for Social Development and beyond: achieving social development for all in a globalizing world", to be convened from 26 to 30 June 2000 in Geneva, and at the Millennium Summit of the United Nations, to be convened from 6 to 8 September 2000 in New York; 4. Requests the Secretary-General to include information on the status of the two optional protocols in his regular report to the General Assembly on the status of the Convention on the Rights of the Child. Annex I Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict The States Parties to the present Protocol, Encouraged by the overwhelming support for the Convention on the Rights of the Child,1 demonstrating the widespread commitment that exists to strive for the promotion and protection of the rights of the child, Reaffirming that the rights of children require special protection, and calling for continuous improvement of the situation of children without distinction, as well as for their development and education in conditions of peace and security, Disturbed by the harmful and widespread impact of armed conflict on children and the long-term consequences this has for durable peace, security and development, Condemning the targeting of children in situations of armed conflict and direct attacks on objects protected under international law, including places generally having a significant presence of children, such as schools and hospitals, 2 A/CONF.183/9. Noting the adoption of the Statute of the International Criminal Court, in particular, its inclusion as a war crime of conscripting or enlisting children under the age of 15 years or using them to participate actively in hostilities in both international and non-international armed conflicts, Considering, therefore, that to strengthen further the implementation of rights recognized in the Convention on the Rights of the Child there is a need to increase the protection of children from involvement in armed conflict, Noting that article 1 of the Convention on the Rights of the Child specifies that, for the purposes of that Convention, a child means every human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier, Convinced that an optional protocol to the Convention raising the age of possible recruitment of persons into armed forces and their participation in hostilities will contribute effectively to the implementation of the principle that the best interests of the child are to be a primary consideration in all actions concerning children, Noting that the twenty-sixth international Conference of the Red Cross and Red Crescent in December 1995 recommended, inter alia, that parties to conflict take every feasible step to ensure that children under the age of 18 years do not take part in hostilities, Welcoming the unanimous adoption, in June 1999, of International Labour Organization Convention No. 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, which prohibits, inter alia, forced or compulsory recruitment of children for use in armed conflict, Condemning with the gravest concern the recruitment, training and use within and across national borders of children in hostilities by armed groups distinct from the armed forces of a State, and recognizing the responsibility of those who recruit, train and use children in this regard, Recalling the obligation of each party to an armed conflict to abide by the provisions of international humanitarian law, Stressing that this Protocol is without prejudice to the purposes and principles contained in the Charter of the United Nations, including Article 51, and relevant norms of humanitarian law, Bearing in mind that conditions of peace and security based on full respect of the purposes and principles contained in the Charter and observance of applicable human rights instruments are indispensable for the full protection of children, in particular during armed conflicts and foreign occupation, Recognizing the special needs of those children who are particularly vulnerable to recruitment or use in hostilities contrary to this Protocol owing to their economic or social status or gender, Mindful of the necessity of taking into consideration the economic, social and political root causes of the involvement of children in armed conflicts, Convinced of the need to strengthen international cooperation in the implementation of this Protocol, as well as the physical and psychosocial rehabilitation and social reintegration of children who are victims of armed conflict, Encouraging the participation of the community and, in particular, children and child victims in the dissemination of informational and educational programmes concerning the implementation of the Protocol, Have agreed as follows: Article 1 States Parties shall take all feasible measures to ensure that members of their armed forces who have not attained the age of 18 years do not take a direct part in hostilities. Article 2 States Parties shall ensure that persons who have not attained the age of 18 years are not compulsorily recruited into their armed forces. Article 3 1. States Parties shall raise the minimum age for the voluntary recruitment of persons into their national armed forces from that set out in article 38, paragraph 3, of the Convention on the Rights of the Child, taking account of the principles contained in that article and recognizing that under the Convention persons under 18 are entitled to special protection. 2. Each State Party shall deposit a binding declaration upon ratification of or accession to this Protocol that sets forth the minimum age at which it will permit voluntary recruitment into its national armed forces and a description of the safeguards that it has adopted to ensure that such recruitment is not forced or coerced. 3. States Parties that permit voluntary recruitment into their national armed forces under the age of 18 shall maintain safeguards to ensure, as a minimum, that: (a) Such recruitment is genuinely voluntary; (b) Such recruitment is done with the informed consent of the person's parents or legal guardians; (c) Such persons are fully informed of the duties involved in such military service; (d) Such persons provide reliable proof of age prior to acceptance into national military service. 4. Each State Party may strengthen its declaration at any time by notification to that effect addressed to the Secretary-General of the United Nations, who shall inform all States Parties. Such notification shall take effect on the date on which it is received by the Secretary-General. 5. The requirement to raise the age in paragraph 1 of the present article does not apply to schools operated by or under the control of the armed forces of the States Parties, in keeping with articles 28 and 29 of the Convention on the Rights of the Child. Article 4 1. Armed groups that are distinct from the armed forces of a State should not, under any circumstances, recruit or use in hostilities persons under the age of 18 years. 2. States Parties shall take all feasible measures to prevent such recruitment and use, including the adoption of legal measures necessary to prohibit and criminalize such practices. 3. The application of the present article under this Protocol shall not affect the legal status of any party to an armed conflict. Article 5 Nothing in the present Protocol shall be construed as precluding provisions in the law of a State Party or in international instruments and international humanitarian law that are more conducive to the realization of the rights of the child. Article 6 1. Each State Party shall take all necessary legal, administrative and other measures to ensure the effective implementation and enforcement of the provisions of this Protocol within its jurisdiction. 2. States Parties undertake to make the principles and provisions of the present Protocol widely known and promoted by appropriate means, to adults and children alike. 3. States Parties shall take all feasible measures to ensure that persons within their jurisdiction recruited or used in hostilities contrary to this Protocol are demobilized or otherwise released from service. States Parties shall, when necessary, accord to these persons all appropriate assistance for their physical and psychological recovery and their social reintegration. Article 7 1. States Parties shall cooperate in the implementation of the present Protocol, including in the prevention of any activity contrary to the Protocol and in the rehabilitation and social reintegration of persons who are victims of acts contrary to this Protocol, including through technical cooperation and financial assistance. Such assistance and cooperation will be undertaken in consultation with concerned States Parties and relevant international organizations. 2. States Parties in a position to do so shall provide such assistance through existing multilateral, bilateral or other programmes, or, inter alia, through a voluntary fund established in accordance with the rules of the General Assembly. Article 8 1. Each State Party shall submit, within two years following the entry into force of the Protocol for that State Party, a report to the Committee on the Rights of the Child providing comprehensive information on the measures it has taken to implement the provisions of the Protocol, including the measures taken to implement the provisions on participation and recruitment. 2. Following the submission of the comprehensive report, each State Party shall include in the reports they submit to the Committee on the Rights of the Child, in accordance with article 44 of the Convention, any further information with respect to the implementation of the Protocol. Other States Parties to the Protocol shall submit a report every five years. 3. The Committee on the Rights of the Child may request from States Parties further information relevant to the implementation of this Protocol. Article 9 1. The present Protocol is open for signature by any State that is a party to the Convention or has signed it. 2. The present Protocol is subject to ratification and is open to accession by any State. Instruments of ratification or accession shall be deposited with the Secretary-General of the United Nations. 3. The Secretary-General, in his capacity as depositary of the Convention and the Protocol, shall inform all States Parties to the Convention and all States that have signed the Convention of each instrument of declaration pursuant to article 13. Article 10 1. The present Protocol shall enter into force three months after the deposit of the tenth instrument of ratification or accession. 2. For each State ratifying the present Protocol or acceding to it after its entry into force, the present Protocol shall enter into force one month after the date of the deposit of its own instrument of ratification or accession. Article 11 1. Any State Party may denounce the present Protocol at any time by written notification to the Secretary-General of the United Nations, who shall thereafter inform the other States Parties to the Convention and all States that have signed the Convention. The denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General. If, however, on the expiry of that year the denouncing State Party is engaged in armed conflict, the denunciation shall not take effect before the end of the armed conflict. 2. Such a denunciation shall not have the effect of releasing the State Party from its obligations under the present Protocol in regard to any act that occurs prior to the date on which the denunciation becomes effective. Nor shall such a denunciation prejudice in any way the continued consideration of any matter that is already under consideration by the Committee prior to the date on which the denunciation becomes effective. Article 12 1. Any State Party may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate the proposed amendment to States Parties, with a request that they indicate whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that, within four months from the date of such communication, at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of States Parties present and voting at the conference shall be submitted to the General Assembly for approval. 2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into force when it has been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of States Parties. 3. When an amendment enters into force, it shall be binding on those States Parties that have accepted it, other States Parties still being bound by the provisions of the present Protocol and any earlier amendments that they have accepted. Article 13 1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations. 2. The Secretary-General of the United Nations shall transmit certified copies of the present Protocol to all States Parties to the Convention and all States that have signed the Convention. Home / Treaties / Search / Links

      Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts, G.A. Res. 54/263, Annex I, 54 U.N. GAOR Supp. (No. 49) at 7, U.N. Doc. A/54/49, Vol....
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        Story Of a Free Man - Chapter One: The End of Innocence - Lyrics - Verse

        A concrete bed, a weathered awning made of cardboard that keeps the morning sun from his eyes. He never knew much about why his life became so hard. Sleep one night under the bridge in this man's...
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          #story of a free man chapter one the end of innocen #verse #aggression

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          1. DEEDS, CHARACTER, AND DESTINY THERE is, and always has been, a widespread belief in Fate, or Destiny, that is, in an eternal and inscrutable Power which apportions definite ends to both individuals and nations. This belief has arisen from long observation of the facts of life. Men are conscious that there are certain occurrences which they cannot control, and are powerless to avert. Birth and death, for instance, are inevitable, and many of the incidents of life appear equally inevitable. Men strain every nerve for the attainment of certain ends, and gradually they become conscious of a Power which seems to be not of themselves, which frustrates their puny efforts, and laughs, as it were, at their fruitless striving and struggle. As men advance in life, they learn to submit, more or less, to this overruling Power which they do not understand, perceiving only its effects in themselves and the world around them, and they call it by various names, such as God, Providence, Fate, Destiny, etc. Men of contemplation, such as poets and philosophers, step aside, as it were, to watch the movements of this mysterious Power as it seems to elevate its favorites on the one hand, and strike down its victims on the other, without reference to merit or demerit. The greatest poets, especially the dramatic poets, represent this Power in their works, as they have observed it in Nature. The Greek and Roman dramatists usually depict their heroes as having foreknowledge of their fate, and taking means to escape it; but by so doing they blindly involve themselves in a series of consequences which bring about the doom which they are trying to avert. Shakespeare's characters, on the other hand, are represented, as in Nature, with no foreknowledge (except in the form of presentiment) of their particular destiny. Thus, according to the poets, whether the man knows his fate or not, he cannot avert it, and every conscious or unconscious act of his is a step towards it. Omar Khayyam's Moving Finger is a vivid expression of this idea of Fate: "The Moving Finger writes, and having writ, Moves on: nor all thy Piety nor Wit Shall lure it back to cancel half a line, Nor all thy Tears wash out a Word of it." Thus, men in all nations and times have experienced in their lives the action of this invincible Power or Law, and in our nation today this experience has been crystallized in the terse proverb, "Man proposes, God disposes." But, contradictory as it may appear, there is an equally widespread belief in man's responsibility as a free agent. All moral teaching is an affirmation of man's freedom to choose his course and mold his destiny: and man's patient and untiring efforts in achieving his ends are declarations of consciousness of freedom and power. This dual experience of fate on the one hand, and freedom on the other, has given rise to the interminable controversy between the believers in Fatalism and the upholders of free will —a controversy which was recently revived under the term "Determinism versus Freewill." Between apparently conflicting extremes there is always a "middle way" of balance, justice, or compensation which, while it includes both extremes, cannot be said to be either one or the other, and which brings both into harmony; and this middle way is the point of contact between two extremes. Truth cannot be a partisan, but, by its nature, is the Reconciler of extremes; and so, in the matter which we are considering, there is a "golden mean" which brings Fate and Free will into close relationship, wherein, indeed, it is seen that these two indisputable facts in human life, for such they are, are but two aspects of one central law, one unifying and all-embracing principle, namely, the law of causation in its moral aspect. Moral causation necessitates both Fate and Free will, both individual responsibility and individual predestination, for the law of causes must also be the law of effects, and cause and effect must always be equal; the train of causation, both in matter and mind, must be eternally balanced, therefore eternally just, eternally perfect. Thus every effect may be said to be a thing preordained, but the predetermining power is a cause, and not the fiat of an arbitrary will. Man finds himself involved in the train of causation. His life is made up of causes and effects. It is both a sowing and a reaping. Each act of his is a cause which must be balanced by its effects. He chooses the cause (this is Free will), he cannot choose, alter, or avert the effect (this is Fate); thus Free will stands for the power to initiate causes, and destiny is involvement in effects. It is therefore true that man is predestined to certain ends, but he himself has (though he knows it not) issued the mandate; that good or evil thing from which there is no escape, he has, by his own deeds, brought about. It may here be urged that man is not responsible for his deeds, that these are the effects of his character, and that he is not responsible for the character, good or bad, which was given him at his birth. If character was "given him" at birth, this would be true, and there would then be no moral law, and no need for moral teaching; but characters are not given ready made, they are evolved; they are, indeed, effects, the products of the moral law itself, that is— the products of deeds. Character result of an accumulation of deeds which have been piled up, so to speak, by the individual during his life. Man is the doer of his own deeds; as such he is the maker of his own character; and as the doer of his deeds and the maker of his character, he is the molder and shaper of his destiny. He has the power to modify and alter his deeds, and every time he acts he modifies his character, and with the modification of his character for good or evil, he is predetermining for himself new destinies— destinies disastrous or beneficent in accordance with the nature of his deeds. Character is destiny itself; as a fixed combination of deeds, it bears within itself the results of those deeds. These results lie hidden as moral seeds in the dark recesses of the character, awaiting their season of germination, growth, and fruitage. Those things which befall a man are the reflections of himself; that destiny which pursued him, which he was powerless to escape by effort, or avert by prayer, was the relentless ghoul of his own wrong deeds demanding and enforcing restitution; those blessings and curses which come to him unbidden are the reverberating echoes of the sounds which he himself sent forth. It is this knowledge of the Perfect Law working through and above all things; of the Perfect Justice operating in and adjusting all human affairs, that enables the good man to love his enemies, and to rise above all hatred, resentment, and complaining; for he knows that only his own can come to him, and that, though he be surrounded by persecutors, his enemies are but the blind instruments of a faultless retribution; and so he blames them not, but calmly receives his accounts, and patiently pays his moral debts. But this is not all; he does not merely pay his debts; he takes care not to contract any further debts. He watches himself and makes his deeds faultless. While paying off evil accounts, he is laying up good accounts. By putting an end to his own sin, he is bringing evil and suffering to an end. And now let us consider how the Law operates in particular instances in the outworking of destiny through deeds and character. First, we will look at this present life, for the present is the synthesis of the entire past; the net result of all that a man has ever thought and done is contained within him. It is noticeable that sometimes the good man fails and the unscrupulous man prospers— a fact which seems to put all moral maxims as to the good results of righteousness out of account— and because of this, many people deny the operation of any just law in human life, and even declare that it is chiefly the unjust that prosper. Nevertheless, the moral law exists, and is not altered or subverted by shallow conclusions. It should be remembered that man is a changing, evolving being. The good man was not always good; the bad man was not always bad. Even in this life, there was a time, in a large number of instances, when the man who is now just, was unjust; when he who is now kind, was cruel; when he who is now pure, was impure. Conversely, there was a time in this life, in a number of instances, when he who is now unjust, was just; when he who is now cruel, was kind; when he who is now impure, was pure. Thus, the good man who is overtaken with calamity today is reaping the result of his former evil sowing; later he will reap the happy result of his present good sowing; while the bad man is now reaping the result of his former good sowing; later he will reap the result of his present sowing of bad. Characteristics are fixed habits of mind, the results of deeds. An act repeated a large number of times becomes unconscious, or automatic— that is, it then seems to repeat itself without any effort on the part of the doer, so that it seems to him almost impossible not to do it, and then it has become a mental characteristic. Here is a poor man out of work. He is honest, and is not a shirker. He wants work, and cannot get it. He tries hard, and continues to fail. Where is the justice in his lot? There was a time in this man's condition when he had plenty of work. He felt burdened with it; he shirked it, and longed for ease. He thought how delightful it would be to have nothing to do. He did not appreciate the blessedness of his lot. His desire for ease is now gratified, but the fruit for which he longed, and which he thought would taste so sweet, has turned to ashes in his mouth. The condition which he aimed for, namely, to have nothing to do, he has reached, and there he is compelled to remain till his lesson is thoroughly learned. And he is surely learning that habitual ease is degrading, that to have nothing to do is a condition of wretchedness, and that work is a noble and blessed thing. His former desires and deeds have brought him where he is; and now his present desire for work, his ceaseless searching and asking for it, will just as surely bring about its own beneficent result. No longer desiring idleness, his present condition will, as an effect, the cause of which is no longer propagated, soon pass away, and he will obtain employment; and if his whole mind is now set on work, and he desires it above all else, then when it comes he will be overwhelmed with it; it will flow in to him from all sides, and he will prosper in his industry. Then, if he does not understand the law of cause and effect in human life, he will wonder why work comes to him apparently unsought, while others who seek it strenuously fail to obtain it. Nothing comes unbidden; where the shadow is, there also is the substance. That which comes to the individual is the product of his own deeds. As cheerful industry leads to greater industry and increasing prosperity, and labor shirked or undertaken discontentedly leads to a lesser degree of labor and decreasing prosperity, so with all the varied conditions of life as we see them— they are the destinies wrought by the thoughts and deeds of each particular individual. So also with the vast variety of characters— they are the ripening and ripened growth of the sowing of deeds. As the individual reaps what he sows, so the nation, being a community of individuals, reaps also what it sows. Nations become great when their leaders are just men; they fall and fade when their just men pass away. Those who are in power set an example, good or bad, for the entire nation. Great will be the peace and prosperity of a nation when there shall arise within it a line of statesmen who, having first established themselves in a lofty integrity of character, shall direct the energies of the nation toward the culture of virtue and development of character, knowing that only through personal industry, integrity, and nobility can national prosperity proceed. Still, above all, is the Great Law, calmly and with infallible justice meting out to mortals their fleeting destinies, tear-stained or smiling, the fabric of their hands. Life is a great school for the development of character, and all, through strife and struggle, vice and virtue, success and failure, are slowly but surely learning the lessons of wisdom.

          1. DEEDS, CHARACTER, AND DESTINY THERE is, and always has been, a widespread belief in Fate, or Destiny, that is, in an eternal and inscrutable Power which apportions definite ends to both individuals...
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                Aleksandr Stolper. Story of a Real Man - 1948

                Stepan Ivanovich, Stepan Ivanovich! Could you move me over a bit? Just a moment. There we go. Alesha, Alesha. Look here, they're writing about you. Here, read it aloud. Read it, read it out...
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                    #Frederick Douglass #author #Quotes

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