By Bharat Jhunjhunwala
October 29, 2010
The world economy is showing some signs of revival. But this may be a false start. Globalisation has encouraged the developed countries to transfer their advanced technologies to the developing countries. They no longer have absolute control of these technologies.
As a result their erstwhile monopoly on advanced goods like computer servers, rockets and nuclear reactors has evaporated into thin air. They are getting some royalty payments from the export of these technologies. But these decline with time. It is necessary to continuously generate new technologies to maintain the stream of income from royalty payments. This does not seem to be happening. The low cost of labour provides a deep advantage to the developing countries. Developed countries will not be able to compete with hi-tech India.
This is inherent in the model of free trade on which the present model of globalisation is built. Globalisation has actually made things difficult for the developed countries. It has encouraged them to transfer advanced technologies to the developing countries. For example, American and French companies are excited about transferring advanced nuclear power reactors to India on the successful culmination of the nuclear agreement.
Globalisation removes the comparative advantage of advanced technologies enjoyed by the developed countries till recently. Say the cost of production of nuclear power is Rs 2 per unit against Rs 4 per unit for thermal power. The cost of nuclear energy in the US will be Rs 2.
On the other hand, India will have to produce thermal power at Rs 4 per unit if the US does not export the technology of nuclear reactors. Consequently the cost of production of goods in India will be more and the US can pay higher wages to its workers to that extent. But companies producing nuclear reactors will be deprived of profits from the export of their reactors. Corporations will supply advanced nuclear reactors to India, the cost of energy in India will also get reduced to Rs 2 per unit, and the US companies will not be able to compete with India. Cheaper production in India will make it impossible for the US companies to pay higher wages.
Free trade has added to the woes of developed countries in another way. The daily wage of an unskilled worker in India is about Rs 200 against Rs 5,000 in the US. It has become profitable for US companies to produce in India and export the manufactured goods to their home economy. Wal-Mart is procuring about 80 per cent of its goods from China. Production of garments, toys and footwear has practically come to an end in the US.
That has happened because China and India have got the winning combination of advanced technologies and cheap labour.
This is giving them a comparative advantage in a global marketplace.
Developed countries were protected against such competition previously.
Advanced technologies were closely guarded. For example, India virtually begged for cryogenic engines for its space missions and super computers for its meteorological applications. These were denied at that time. Such restrictions are now passé. Instead Western companies are engaged in a fierce competition as to who exports most advanced nuclear technologies first to India. Developed countries had previously insulated themselves from competition from China and India in two ways — exports of advanced technologies was prohibited and imports of goods were subject to larger import taxes. It was possible for American companies to pay higher wages to their workers behind this protective shield which has since been dismantled.
The US government made a huge $700 billion stimulus package to bailout US banks from the present crisis. It has indirectly bought these loans from crisis-ridden banks. This package was successful in lessening the immediate pain but it will wholly fail in solving the long-term crisis. The stimulus package has had the consequence of artificially maintaining high wages in the US. The cost of production of American companies continues to be more than that of Chinese companies.
The solution for developed countries will come from adopting a protectionist stance. Developed countries will be better off if they impose high import tariffs.
Such import taxes, when imposed on garments, for example, will lead to high cost of garments in the US and, accordingly, it will become possible for US companies to pay higher wages to the extent of import taxes. Import taxes will also put brakes on the penchant for exporting advanced technologies.
Presently American companies are transferring advanced technologies, in part, because they want to import the goods produced. Use of advanced technologies lowers the cost of production in China and enables cheaper import of goods into the US.
Higher import duties will lead to lesser imports and correspondingly lesser incentive for the export of advanced technologies. It is clear that present model of globalisation has reached its end because there is no solace here for workers of the developed countries.
Where did the model go wrong? My reckoning is that there was misplaced trust in continuous development of new technologies. The US left no stone unturned in having the TRIPS agreement included in the WTO. The underlying idea was that gains from exports of advanced technologies will be huge and more than compensate for loss of employment due to cheap imports. The gains were indeed huge but only as long as new technologies were being developed.
The model failed because new technologies failed to appear and the expected benefits from export of new technologies failed to materialise. The assumption that new technologies will continue to appear and provide a continuous stream of incomes to the developed countries has failed leading to the collapse of globalisation, as we know it.
bharatj@sancharnet.in
Saturday, October 30, 2010
Saturday, September 25, 2010
President Mahinda Rajapaksa Addresses the Sixty-Fifth Session of the United Nation's Gепегаl АssеmЫу, New Yогk, September 23, 2010.
Мr. President,
Yоuг Excellencies,
1. I have great pleasure in congratulating His Excellency Joseph Deiss, оn his assumption of the Chair of the 65th Session of the General AssembIy.
2. I also take this opportunity to extend our appreciation to the President of the 64th Session, Н.Е. Dr. Ali Abdussalam Treki, for his effective stewardship of the General Assembly.
Мг. President, Excellencies,
З. That the United Nations is now in its sixty fifth уеаг serves to underline the durability of this organisation. It is аn important mechanism in ensuring соoperation between States and а forum for discussion between sovereign nations. We must never underestimate the importance of this organisation based as it is, оп the principle of equal treatment of countries big and small.
4. It is in this spirit that I address you аt а crucial juncture in the history of mу own country. In two months, I will Ье assuming office for mу second term. Му mandate will Ье very different from mу last. For mу second term as President, mу promise to mу people, is to deliver sustainabIe реасе and prosperity to all and ensure that terrorism will not bе blе to raise its ugly head again.
6. In 2005, I was elected bу mу people оn а promise to rid mу country of the menасе of terrorism. I am both proud and humbled that I саn stand befoгe you and say that Sri Lanka is now аt реасе, реасе that was only а dream а few years ago,
7. Over the past уеаг, much has bееп reported and much has bееn said regarding mу country's liberation from terrorism. However, far less has bееn said of the suffering we had to undergo and the true nature of the еnemy we have overcome.
8. The rapidly forgotten truth is that we had to face опе of the most brutal, highly organised, well funded and effective terrorist organisations, that could even spread its tentacles to other countries.
9. Мапу of the atrocities of terrorism that the West has соrе to experience in гесепt times, the people of Sri Lanka were themselves the victims of, for nearly З0 years, losing almost опе hundred thousand lives, among them being а President of Sri Lanka, а visionaгy leader of India and scores of intellectuals and politicians.
10. The LТТЕ was ап organisation so brutal, that even those it claimed to represent, the Таmil community of Sri Lanka, were as much victims of its terror as the rest of the population of оur countгy.
11. Those who obseгving from afar, suggested that the Sri Lankan government should have conceded to the demands of the terrorists, need to bе reminded that terror is terror, whatever mask it wears and however it is packaged. То all those, I say this. Му responsibility is to the entire nation. Му responsibility is to the lives of millions of men, women and children, and those yet to bе bогn. Му responsibility is to the реасе and prosperity of the nation and the right to а peaceful lifе for all who live there.
12. In this context, it is woгth examining the capacity of current international humanitarian law to meet contemporaгy needs. It must Ье remembered that, such law evolved essentially in response to conflicts waged bу the forces of legally constituted States, and not terrorist groups. The asymmetrical nature of conflicts initiated bу non-state actors gives rise to serious problems which need to bе considered in earnest Ьу the international community.
1З. As we close а sad chapter in our countгy's histoгy, I would like to remind you that we, along with mапу others, made repeated attempts to engage the LТТЕ in constructive dialogue. It is much to bе regretted that all these attempts were rejected with reckless arrogance and contempt. It is in these circumstances that we were compelled to mount а humanitarian operation with the blessings of mаnу international fгiепds, to nеutгаlisе acts of terrorism апd restore реасе and security.
Ехсеllепсiеs,
14. The entire focus of оцг паtiоп, is now оn building а lasting реасе; healing wоunds, ensuring economic prosperity and guaranteeing the rights of the whole nation to live in harmony. We аге mindful that in order to fulfill these aspirations, есоnоmiс development and political reconciliation must go hand in hand. Towards this end, constitutional changes which appropriately reflect aspirations of оur people will bе evolved with the full participation of all stakeholders.
15. We аге pursuing а nation-wide agenda of renewal. Sri Lanka has already returned ovег 90% of the internally displaced persons to their original villages that were previously riddled with landmines, and provided the essential infrastructure necessary to resume nоrmаl life. We have helped bring back the vitality of youth to former child soldiers.
16. We have rebuilt the Eastern Province and begun the same task, in the North. Sri Lanka's Armed Forces now have the role of delivering essential services, rebuilding habitats, clearing mines and restoring vital infrastructure to whole tracts of formerly decimated land.
17. Despite the lingering dangers that have remained, Sri Lanka has nevertheless repealed а substantial рап of the Emergency Regulations so necessary during our conflict situation and plans to гереаl а good part of the remainder in the coming months.
18. А great deal has bееn said bу those beyond оuг borders about our Tamil community. Let me bе clear, nо nation оn earth саn wish Sri Lanka's Tamil community mоге good fortune than Sri Lanka itself.
19. То the misguided few, I say, do not allow yourselves to bесоmе аn instrument of division, hate and violence, to bе used as аn еnablег for hatred to bе геbогn in another form. Rather, come, let us join hands and break the bonds of mistrust to rise to new horizons.
20. Sri Lanka recognises the challenges we face, among the greatest of which is healing the wounds of the recent past. То this end, earlier this уеаг, а Lessons Learnt and Reconciliation Commission has bееп established.
21. This independent Commission, comprising eight Sri Lankans of eminence and stature, has already begun its work. Recently, the Commission handed over to me аn interim communication recommending certain administrative steps that mау need to bе taken in the reconciliation process.
22. We believe that for the rebuilding and healing of our nation to succeed, the process must evolve from within. If history has taught us опе thing, it is that imposed external solutions breed resentment and ultimately fail. Ours, bу contrast, is а home grown process, which reflects the culture and traditions of our people.
23. We ceгtainly welcome the suppoгt of the inteгnational community as we rebuild our lands and our еconomу. We sincerely hope that they will bе prepared to take а practical approach to developing paгtnerships with Sri Lanka through inteгnational trade, investment and сарасitу building. То those nations who join with us, we say thank you.
24. Our еconomу is well оn the way to realising the dividend of реаее. We аге experiencing steady and sustained growth including duгing the last quaгter of over eight регcent, moderate inflation and low interest rates. During the last five (5) years, we saw our рег capita income double. It is our ambition to take this fuгther; to double yet again the present рег capita income Ьу 2016 and also bеcomе оnе of the top 30 countries for doing business bу 2014.
25. "Маhiпdа Сhinthаnа - Visiоn for the Future", mу election manifesto aгticulates mу vision of having sound infrastructuгe at the national, provincial and rural levels, which is vital for the inclusive growth, that will make development meaningful to the entirety of society.
26. Our strategy during the last 5 years, despite our struggle against terrorism, has paid dividends for all Sri Lankans. Му country has graduated to middle income еconomу status. Unemployment has declined to around 5 percent. Above аll, poverty has declined from around 25 регcent to below 15 percent. I саn also proudly claim that my country through this economic strategy is comfortably realizing the millennium development goals, well in advance of the target set bу the United Nations. We аге proud to have а very high literacy rate of over 93 рег cent and low infant mortality rates, all due to а policy of free education and free health facilities.
27. We аге аt present strongly focusing оn putting in place the necessary public infrastructure and strengthening the enabling policy environment for the private sector to invest even moге in mу country, making good use of the current роst conflict scenario and the inclusive development framework. Rapid growth is being witnessed in the leisure industry, tourism, urban development, alternative energy sources, knowledge based initiatives, IT and enabling services. Energy efficient and green energy technology based industries аге among those attracting major investments.
Мг. President,
28. In order to achieve the full realization of оцг potential, we desire а supportive external environment. Towards this end, we will always look for constructive engagement and partnerships. We will from our side, continue to contribute as we have always done, to the cause of multilateralism and а principled global order.
29. In this regard, I am happy to note that 2010 marks the fiftieth anniversary since we first contributed to а UN Peacekeeping Mission. Оur Armed Forces and the Police аге today combat tested, with а capacity to саггу out their duties in the most challenging of conditions. I wish Мг. President, therefore to use this forum to re-affirm our willingness to further enhance ouг support to the UN Peace-Keeping Operations.
Мг. President,
30. The world unlike in the раst has bесоmе severely vulnerable to natural disasters. Almost eveгy day we sее millions of people becoming victims of severe floods, landslides, volcanoes, cyclones, earthquakes and the like. It has bесоmе increasingly difficult for affected countries to manage unassisted, the рost disaster recoveгy programmes. The гесеnt natuгal calamities in ouг region underline the crucial need for effective action, in which there is collective participation, to reduce human suffering. Without doubt, climate change and global warming аге today issues which demand the uгgent attention of all nations.
Мг. President,
31. Among the political issues that have continued to fester for too long, is the continued denial of the right of the Palestinian people to а State of their own within recognized and secuгe borders. It is the fervent hope of the people of Sri Lanka that this most tragic of situations would Ье resolved without delay in а sustainable mannег.
Мг. President,
32. Our guiding principle must always bе that of mutual respect in international discouгse, even as we disapprove and condemn measuгes such as unilateral embargoes.
33. Experience in the гесеnt past amply demonstrates that these embargoes impact not оn governments but оп the most vulnerable sections of the community. In the same spirit, I would call for the empathy of the international community, towards the aspirations of the Cuban people.
Мг President,
34. 1 also wish to uгge with аll the emphasis аt mу command the need for greater concern and involvement оп the part of the international community to assist the people of Africa in their efforts to elevate the quality of life оп their continent.
35. Leaders who have bееп chosen bу their people often face difficult decisions. They must bе entitled to the good will and confidence of the international community with regard to the heavy burdens they аге required to shoulder. The results of their decisions must bе evaluated objectively and must bе allowed to speak for themselves.
36. That is not to say countries should operate in isolation. In this globally interdependent world, we must work together where we сап and constructively counsel each other where appropriate.
37. The United Nations forms the bedrock of this interaction and in this role it will always receive the support of Sri Lanka.
Мау the NobIe Triple Gem Bless You.
................................................................................................................................
Oh! Beauteous Lanka! Thou Art Our Ratna Deepa, Janma Bhumi!
Ratna Deepa Janma Bhumi
Lanka Deepa Vijaya Bhumi
Me' Ape' Udaara Wu
Mathru Bhumi-yayi
Mathru Bhumi-yayi
Repeat Chorus
Aadi Sinhale' Ae' Vira Meemuthun Layin
Saara Wu Udaara Wu
Mathru Bhumi-yayi
Mathru Bhumi-yayi
Maanikyase' Pologabee' Nidhana Vee
Aththe' Ae' Abheetha Du Puthun
Jathiye' Naamayen Sangrama Bhumiye'
Jeewithe' Puda Heluu Lay Kandai
Chorus
Sindhupamana Wavu Thala Mathin Adee'
Padma Renuwen Sugandha Vee
Ran Karal Namaa Hamaa
Sith Prabhodayen Puraa
Enne' Un Helu Prana Vayuwai
Chorus
Ganga Tharanga Raawa Dee Ridee Vanin
Mal Pipee Kolen Kole' Hapee
Gayana Karanne' Aakasaye' Nagee
Virayange' Ae' Yaso Geetha-yayi
Chorus
Aadi Sinhale' Ae' Vira Meemuthun Layin
Saara Wu Udaara Wu
Maathru Bhumi-yayi
Maathru Bhumi-yayi
..........................................................................
Sri Lanka's First Lady
meets Michelle Obama
Lanka Deepa Vijaya Bhumi
Me' Ape' Udaara Wu
Mathru Bhumi-yayi
Mathru Bhumi-yayi
Repeat Chorus
Aadi Sinhale' Ae' Vira Meemuthun Layin
Saara Wu Udaara Wu
Mathru Bhumi-yayi
Mathru Bhumi-yayi
Maanikyase' Pologabee' Nidhana Vee
Aththe' Ae' Abheetha Du Puthun
Jathiye' Naamayen Sangrama Bhumiye'
Jeewithe' Puda Heluu Lay Kandai
Chorus
Sindhupamana Wavu Thala Mathin Adee'
Padma Renuwen Sugandha Vee
Ran Karal Namaa Hamaa
Sith Prabhodayen Puraa
Enne' Un Helu Prana Vayuwai
Chorus
Ganga Tharanga Raawa Dee Ridee Vanin
Mal Pipee Kolen Kole' Hapee
Gayana Karanne' Aakasaye' Nagee
Virayange' Ae' Yaso Geetha-yayi
Chorus
Aadi Sinhale' Ae' Vira Meemuthun Layin
Saara Wu Udaara Wu
Maathru Bhumi-yayi
Maathru Bhumi-yayi
..........................................................................
Sri Lanka's First Lady
meets Michelle Obama
Sept 25, New York: Sri Lanka's First Lady Shiranthi Rajapaksa met the United States first lady Michelle Obama yesterday at the Stone Barns Center for Food and Agriculture in Westchester,New York. Mrs. Rajapaksa, who has accompanied President Mahinda Rajapaksa to New York, along with first ladies from 40 other countries, participated in a tour, organized by the wife of U.S. President, on the 80-acre four-season farm.
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Sunday, August 22, 2010
The Next Fifty Years of Sri Lanka's Independence – A Historical Perspective
By Ananda-USA
August 22, 2010
I am presenting below the text of a talk I was invited to give at the Independence Day Celebrations at a Sri Lankan Cultural Institute in San Francisco's East Bay area, on February 9, 2002, nearly a decade ago.
The content of that talk is as relevant today as it was then, as Sri Lanka continues its struggle against great odds to recreate the glories of her storied past. Although my Principal Concern then, the imminent disintegration of Sri Lanka, has been alleviated by the monumental victory achieved by the Patriotic Forces of Sri Lanka comprising its Patriotic People, the Armed Forces, and the Government of Sri Lanka headed by President Mahinda Rajapakse, there are yet global forces arrayed against Sri Lanka attempting to undermine and reverse the benefits of that victory; the victory that has now set the stage for Sri Lanka to become the New Wonder of Asia.
As long as the flame of PATRIOTISM burns bright, and endures etched deep within the hearts and minds of Sri Lanka's sons and daughters, nothing can prevent their achieving that goal, their Day in the Sun.
The Next Fifty Years of Sri Lanka's Independence
A Historical Perspective
February 9, 2002
Fifty four years ago, on February 4, 1948, Sri Lanka shook herself free from 134 years of colonial bondage, to be reborn an independent sovereign nation, a nation with a storied past spanning 2,250 years.
We, the sons, daughters, and friends of mother Lanka, are gathered here today to commemorate and celebrate that reawakening, to pay homage to her hallowed name, and to rededicate ourselves to protecting the motherland and our common heritage. I am grateful to you all for inviting me on this important occasion, to give voice to our love, our common goals, and our uncommon aspirations for the future of all Sri Lankans.
Unsteady on her feet in the beginning, but gradually gaining confidence, Sri Lanka has achieved much since independence. However, many opportunities for rapid progress as a country and a people have been squandered as well. Freedom, is a double edged sword; the freedom to succeed gloriously is inextricably married to the freedom to fail disastrously. It is a sword to be wielded with wisdom, with vision and courage – for the future of our country and our people depends upon it. As a people, we are not entirely innocent of the essential ingredients of good governance and national survival; we have inherited that wit from our ancestors in ample measure. We will prevail only if we temper our enthusiasm with the lessons drawn from our own history.
Our Past
About 3,500 years ago, around 1,500 BC, an Indo-European nomadic people, the Aryans, began to migrate into Northern India from central Asia. Gradually they occupied the northern half of India, above the Godavari river, displacing the ancestors of the native Dravidian peoples to the south. During the course of the next five centuries, they had little impact except for the development of a body of myths and epic stories of their migrations and wars with the native peoples. These form the basis of the orally transmitted Vedic Hymns of the Hindu religion that were first written down in the 6th century BC.
By 1,000 BC the Aryans had developed metal tools and settled down into communities of rice farmers that grew into small tribal republics (janapadas) and kingdoms (mahajanapadas) by 600 BC. By 500 BC Magadha, the kingdom of king Bimbisara who reigned from 540-490 BC, was the most important of these. The Buddha lived for 80 years from 563-483 BC and was a contemporary of king Bimbisara. According to the Mahavansa, written in the 6th century AD, prince Vijaya (483-445 BC), the founder of the Sinhala civilization of Sri Lanka, left this region of India to colonize Sri Lanka with 700 followers in the year that the Buddha attained nirvana. Vijaya’s arrival in Sri Lanka is documented in a large number of rock inscriptions dating from the 3rd to the 1st century BC. The Ajanta cave murals, painted in the 5th Century AD, depict King Simhala’s arrival and consecration in Lanka. We can surmise that Vijaya was a Hindu by religion and that he spoke a derivative of Sanskrit. While there is significant evidence that the present day Sinhalese are a mix of the original immigrants from North India and the original natives of Sri Lanka, the dominant civilizing influences in the country - linguistic, agricultural, military and religious - were of North Indian origin.
The origin of the name “Sinhala” of Vijaya’s people deserves some comment, but it is clearly related to the lion. Although the story of Sinhabahu is an unrealistic embellishment that must not be taken literally, the association of kings and their ancestry with lions and lion hunting was a common place tradition in Aryan lands, especially in murals, flags, coats-of-arms and on coins. For example, in addition to Sri Lankan sources, the stylized Sinhala lion appears on Asokan Mauryan pillars, Persian flags and sculptures, and on Greek coins.
The next epochal event in Sri Lanka’s history was the rise of the Mauryan Emperor Asoka (273-232 BC) in India who having adopted Buddhism as the state religion of his empire, dispatched his son thera Mahinda to Sri Lanka to convert his friend king Devanampiya Tissa (210-250 BC) of Sri Lanka and his people to Buddhism. Asoka’s immortal message to Devanampiya Tissa was “I have taken refuge in the Buddha, the Dhamma and the Sangha; I have declared myself a lay-disciple in the religion of the Sakyamuni; seek then even thou, O best of men, converting thy mind with believing heart, seek refuge in these best of gems!” When thera Mahinda died in Sri Lanka sixty years after he had been ordained, he had done his work well: the ordination of new bhikkus of Sri Lankan descent and the Buddhist religion was firmly established in Sri Lanka as a government supported institution.
Thus, in the early history of Sri Lanka, the two epochal events that set the course for its subsequent history: the arrival of the original Sinhala Aryan settlers from North India with king Vijaya (483-445 BC), reputedly in the year the Buddha attained nirvana, and the conversion of the people of Sri Lanka to Buddhism by thera Mahinda in the reign of Devanampiya Tissa (210-250 BC). The significance of the conversion of the Sinhala people of Sri Lanka to Buddhism, and its impact on the history of Sri Lanka, cannot be overstated. From then until now, a period of over 2,250 years, it has given form, substance and continuity to its culture, its art, its architecture, and its politics; it has moulded the moral character and the emotional disposition of its people; their very sense of justice and morality; it has influenced the laws of the land as they apply to both subject and king; and again-and-again it has served to rally the people to the defense of the country against foreign invaders. Every significant achievement of the Sri Lankan people, can be traced to the twin influences of the military, agricultural and engineering skills of the Sinhala immigrants, and the moderating, stabilizing, progressive influence of the Buddhist Dhamma.
The next salient feature of the history of Sri Lanka is the attractiveness of its advanced hydraulic civilization to plundering invaders and its inability to effectively counter and protect itself against such invasions. From the time of king DutuGamunu (161-131 BC), to the time of the end of the Polonnaruva period (1,200AD) Sri Lanka was beset by repeated invasions from South India, ultimately leading to the abandonment of its great garden cities of Anuradhapura and Polnonnaruwa. With the decline of these great civilizations supported by irrigated agriculture, the country became divided into several smaller warring kingdoms, which never acquired sufficient strength to ward off a determined invader. The only exceptions were brief periods in the reigns of the powerful warrior kings VijayaBahu I (1055-1110 AD) and Prakrama Bahu the Great (1153-1186 AD) when Sri Lanka had powerful navies to protect its shores and carry war overseas. During these periods, not only did a navy exist to defend against invasion, but the sea borne trade also resided in Sri Lankan hands. After the Polonnaruva period, the South Indians were confronted by the Muslim Moghuls and by internal conflicts and were not a serious threat to Sri Lanka. However, with the destruction of the Raja Rata civilization, Sri Lanka could only sustain smaller populations and became divided into several small kingdoms in the southeastern, central and the southwestern parts of the country that were constantly at war with each other.
With the arrival of the Portuguese in 1,505 AD , Sri Lanka was again confronted by a naval power they could not match, and an enemy whose homeland, unlike those of its former South Indian enemies, was beyond Sri Lanka’s reach. Although the Sinhalese quickly became adept at manufacturing guns, cannons and gunpowder better than the Portuguese themselves, they never acquired an effective ocean-going naval capability. Although, they repeatedly defeated the Portuguese on land, they could not expel them permanently from their fortifications defended by naval gunfire and supplied from abroad by sea. Not even Sitawaka Rajasingha could accomplish that.
Making the same mistake that Sri Lanka has historically made in inviting foreign help, instead of becoming self-sufficient in all things, in 1636 AD Rajasingha II requested Dutch assistance to expel the Portuguese. They complied, expelling the Portuguese in 1656 AD; but then they occupied the fortifications themselves and settled down for a long stay in Sri Lanka. Although central Sri Lanka retained its independence under successive Sinhala kings, they now had an enemy occupying the seaboard of Sri Lanka that was even more difficult to expel than the Portuguese. As a result of the weakening of Holland in European wars, the Dutch were easily expelled by the British in 1796 AD in a classic demonstration of how naval power can be effectively employed against other naval powers. Now we Sri Lankans had the British to contend with.
Although several British armies were destroyed by Kandyan kings, the final demise of Sri Lanka’s royal line came in 1815 as a result of betrayal by the king’s own ministers. In the Kandyan Convention signed on March 2, 1815, the British promised to allow the Kandyan kingdom to remain autonomous and to protect and foster Buddhism. These promises were promptly broken. A long period of darkness descended that day on Sri Lanka, when Sri Lanka could no longer claim to be a sovereign nation, a veil that lasted 134 years until 1948. In the intervening years, the Sinhala people lost political power, were gradually ousted from their lands, were relegated to the bottom rung of the citizenry, and lost the protection and government patronage for Buddhism, their religion. In these years speaking Sinhala, being a Buddhist, and using our ancestral Sinhala names became disqualifications for economic and social progress of Sinhala people in Sri Lanka. With the loss of sovereignty, the profits of British planters became the paramount concern, and millions of Indian laborers were imported from India into the hill country, against the wishes of the Sinhala people. The restoration of the rights and privileges of a free and sovereign people is what we celebrate on Independence Day.
Now, Sri Lanka is engaged in a war against internal separatist forces in the country. Regarding this war, I can do no better than to quote that greatest, and most kindly, of all American Presidents, Abraham Lincoln. A compassionate man, he was, without a doubt the most ardent advocate of an outright victory in the American Civil War as the only means of preserving the Union. Referring to the war in his 2nd Inaugural Address, he said:
Our Present
“Both parties deprecated the war, but one of them would make war rather than let the nation survive, and the other would accept the war rather than let the nation perish, and the war came.“
……...
“To strengthen, perpetuate and extend their interest was the object for which the insurgents would rend the Union by war, while the government claimed no right to do more than to restrict the territorial enlargement of it.”
………
“With malice toward none, with charity for all, with firmness in the right as God gives us the right, let us finish the work we are in, to bind up the nation’s wounds, to care for him who shall have borne the battle, and for his widow and his orphans, to do all which may achieve and cherish a just and lasting peace among ourselves and with all nations.”
………
Let me note here that, to end the war, Lincoln made no offer that compromised the integrity of the Union. Instead he wanted to ‘finish the work we are in’ which was the war to reunify the nation. Indeed, throughout the war he urged his generals to spare no effort and to conduct total war with a ferocity yet unmatched in the history of warfare, because that would hasten its end. In his wisdom, he knew that to do otherwise, would only perpetuate the war and endanger the nation and generations yet unborn. At the conclusion of the war, he urged leniency and compassion for the defeated South. Ultimately, the civil war ended in the abject and total surrender of the Confederacy, in a bloody but short period of four years. The wisdom of his decision is evident for all to see.
Compare that war to the civil war in Sri Lanka that has now raged for 18 long years, misdirected and mismanaged by a succession of weak-kneed vacillating governments. Compare Lincoln’s clear understanding of the benefits of an undivided nation to his people, his iron-willed single-minded determination to pursue total victory as the only way to guarantee that end, against the pusillanimous pundits at the helm of Sri Lanka. As we speak now they are again calling for international mediation and negotiation for peace, with pieces of Sri Lanka as peace offerings.
Why are we so blind to the lessons to be learned from our own history? Are we also ignorant of the lessons of world history that aggression and terror must be met head on and not appeased? Have we no compassion for our long suffering people? Why have they not recognized and grasped the opportunity to support the global war against terrorism now being waged by the United States, and to leverage it against LTTE terrorism? In the light of Sri Lanka’s history, do they not know that we dare not fail, that we must not fail, and that if we stand firm, we shall not fail? The re-emergence of colonial indignities, the creeping alienation of our fundamental rights, will be among the inevitable consequences of the loss of control of the coastal border, and any territory within Sri Lanka, to a group that is both ill-disposed towards the Sinhala people and has established a common cause with a foreign ethnic community.
Our Successes
Our Successes
I have briefly reviewed our distant history, the emerging danger of separatism and our failures as a nation. But, in the past 54 years of independence we have also achieved much. Contrary to LTTE propaganda, every statistic on Sri Lanka speaks volumes in praise of the egalitarian virtues of the society that has taken root in Sri Lanka since independence. Let us note that India, which attained independence one year before Sri Lanka, has yet to achieve this level of equity for its people. In Hindu majority India, discrimination on the basis of caste and creed is endemic. Indeed, the government of India has instituted affirmative action programs to uplift the so called "untouchables" and these programs have been violently opposed by people of the higher castes. In the United States, only in the 1960's was progress made on enfranchising and bringing african americans and other minorities into the main stream of society - a goal that has not yet been fully attained. When Sri Lanka became independent, the Sinhala people were the disadvantaged, disenfranchised, and suppressed people in the country who needed affirmative action. Yet, in Sri Lanka, the programs instituted were not directed towards the Sinhala people only, but towards all disadvantaged communities in the country, Sinhala, Tamil, and Moslem alike.
What, then, is the reason for the much greater progress towards social justice made in Sri Lanka compared to India? An analysis of this disparity between Sri Lanka and India has made it clear to me that the great strides made in Sri Lanka are due to the general environment of compassion and tolerance engendered by the Buddhist traditions and values of the majority Sinhala community. In every country, it is the majority community that sets the tone for social progress and economic equity. The Sinhala Buddhist community has established an enviable record for social justice in Sri Lanka as documented by both domestic and international bodies such as the United Nations (UN) and International Labor Organization (ILO). Today, Sri Lanka enjoys a literacy rate above 90%, compulsory education for all its children, a children's mortality rate comparable to those of developed countries, free universal healthcare, affordable rail and bus transportation, electricity in most rural homes, widespread land ownership, full representation of women and minorities in the labor force and in government, a system of labor laws acknowledged to be a model for developing nations, the highest per capita income and lowest birth rate in the South Asian region. These are the attributes of a caring society, that exemplifies not only Buddhist values but also the teaching of every extant religion.
O Lanka, Mother Sri Lanka,
I dream a dream of a glorious future for thee,
O Lanka, Mother Sri Lanka,
I am haunted by the shining vision of what will be!
O Lanka, Mother Sri Lanka,
I am haunted by the shining vision of what will be!
Monday, August 16, 2010
Be proud Sri Lankans
It is not a time for lots of words. Silent machine of development meets its schedules ahead of time with little or no noise. It is time to cherish the moments, accolade the work and hope for better. And be proud as Sri Lankans.
Maagampura harbour :
Initial stage completed
Mattala airport
Planned
New Colombo City
Being completed.
Entire road network being developed.
Southern high speed highway
Cheers for the great spirit!
Maagampura harbour :
Initial stage completed
Mattala airport
Planned
New Colombo City
Being completed.
Entire road network being developed.
Southern high speed highway
Cheers for the great spirit!
Thursday, July 22, 2010
Mr. Robert Blake: Condescending, Crass, Cheap Advice Not Solicited nor Welcomed!
By OaO Asithri
July 22, 2010
Mr. Robert Blake, US Assistant Secretary of State said yesterday when meeting the media in Colombo:
Furthermore, he said “the panel is only an advisory panel and does not have an investigatory or judicial role of any kind."
Blimey, how silly of us little brown men/women of Sri Lanka ! Why did we not think of these entirely-good-intentioned measures before ourselves? Silly us, did we not know that our own Commission is deficient as it was lacking “helpful greater-experience” of this UN panel?
“helpful greater experience of UN panel” – what is that? Pardon me, but is this akin to the white elephant we all long to see before we die?
Yes, I am astounded beyond words but then again not surprised by this man’s utterances! What galling cheekiness, what diplomatic gaudiness and simply stated, what crass “holier than thou” condescending cheap behavior!
Since when did Sri Lankans appoint this Bobby as their National Reconciliation Minister, or the National I-know-whatz-good-for-you-you brown-minions Minister, or for that matter, their National Raw-sewage-salvation Minister?
Maybe we Sri Lankans did, and in the same vein I am sure Americans also appointed our veritable, ever-potent Keheliya Rambukwella as their “Hide-our-utter-shame-&-proudly-tucktail-&-exit-from Iraq-Afghanistan” Special Advisor to Obama?
Truly, this man’s crass arrogance and gaudy diplomatic faux-pas vis-à-vis Sri Lanka that I have seen, now and before, never fails to shake-my-cockles and ghast-my-flabber to a fit!
I wonder…
Would he dare to do the same by giving such unsolicited, warped advice to other countries, say to the Spanish on the “Basque issue” or to the Canadian on the “First Nations issue” or for that matter to the Indians on the “ Kashmir issue?” I think not!
Rather, should not this man be concentrating his evidently-challenged acumen in the extrication of the now badly bogged-down, all but defeated, demoralized US and other “US-coalition forces” from Iraq and Afghanistan? Is that not a more important issue for this man to waste his sweat droplets on than the now-self healing Sri Lankan issue?
Sadly, what this man fails to realize is that his crass arrogant behavior is so gaudy and nauseating to us Sri Lankans that the complete opposite of what he wants to achieve is bound to realize vis-à-vis his pet-project cum-mania, the “Sri Lankan issue!”
Aha, lest I forget, yes, did I not earlier speak of the National Raw-sewage-salvation Minister? Now we all know that when we speak of Raw-sewage, we cannot not consider our heinous-terrorist LTTE darlings of only about one year ago. As such, sorry Bobby, this is one post you cannot stealthily grab as today that position is hotly contested between the masses-resoundingly-rejected Ranil Wickremasinghe and Somawansa Amarasinghe camps and the last I heard, this “menace-to-SL traitors” Rajapakse-Regime (resoundingly accepted by the masses) has very magnanimously agreed to let each camp share that mandate equally and each of them camps is in sheer bliss now, working at it night and day!
Saturday, July 3, 2010
UN Secretary General Ban Ki-Moon Exceeds his Authority Under the UN Charter in Appointing UN Panel to Investigate Sri Lanka's Domestic Matters!
By Ananda-USA
July 1, 2010
The unilateral action of the Secretary General of the United Nations, Mr. Ban Ki Moon, in appointing a UN Panel to investigate any "War Crimes" that may have been committed in Sri Lanka by the warring parties in the recently concluded war against terrorists, appears to exceed his authority under the UN Charter, in that this is purely an internal domestic matter under Sri Lanka's sole jurisdiction, that did not, and does not, threaten international peace.
For example, Article 2, Item #7, of the UN Charter, states
Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state, or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII.
Since this matter does not threaten international peace, the provisions of Chapter VII do not apply to it.
As such, the Secretary General's appointment of this UN Panel amounts to unwarranted interference in the domestic matters of the sovereign UN member state of Sri Lanka, that is not sanctioned by the UN Charter which specifically prohibits such intervention.
In recent years, the United Nations has sanctioned several such illegal actions against a number of countries at the bidding of certain powerful western nations who act with impunity. It is high time that the vast majority of member states of the UN, who do not agree with these high-handed interventions, organize and act to prevent the misuse of the United Nations as a cover to demonize and punish targeted nations, at the bidding of powerful nations with self-serving political agendas of their own that are unrelated to the allegations made against those countries.
I present below the full text of the UN Charter of 26th June, 1945, to assist the readers of this blog to do their own legal analysis of the situation. I will add all amendments to this version of the UN Charter in due course.
...................................................................................................................................................................
Ban Ki Moon changing the rules of UN decisionmaking with a South Korean "Ban Team"!
..........................................................................................................................................................................
July 1, 2010
The unilateral action of the Secretary General of the United Nations, Mr. Ban Ki Moon, in appointing a UN Panel to investigate any "War Crimes" that may have been committed in Sri Lanka by the warring parties in the recently concluded war against terrorists, appears to exceed his authority under the UN Charter, in that this is purely an internal domestic matter under Sri Lanka's sole jurisdiction, that did not, and does not, threaten international peace.
For example, Article 2, Item #7, of the UN Charter, states
Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state, or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII.
Since this matter does not threaten international peace, the provisions of Chapter VII do not apply to it.
As such, the Secretary General's appointment of this UN Panel amounts to unwarranted interference in the domestic matters of the sovereign UN member state of Sri Lanka, that is not sanctioned by the UN Charter which specifically prohibits such intervention.
In recent years, the United Nations has sanctioned several such illegal actions against a number of countries at the bidding of certain powerful western nations who act with impunity. It is high time that the vast majority of member states of the UN, who do not agree with these high-handed interventions, organize and act to prevent the misuse of the United Nations as a cover to demonize and punish targeted nations, at the bidding of powerful nations with self-serving political agendas of their own that are unrelated to the allegations made against those countries.
I present below the full text of the UN Charter of 26th June, 1945, to assist the readers of this blog to do their own legal analysis of the situation. I will add all amendments to this version of the UN Charter in due course.
...................................................................................................................................................................
Ban Ki Moon changing the rules of UN decisionmaking with a South Korean "Ban Team"!
..........................................................................................................................................................................
Charter of the United Nations (June 26, 1945)
Preamble
We the Peoples of the United Nations Determined
to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and
to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and
to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and
to promote social progress and better standards of life in larger freedom,
And for these Ends
to practice tolerance and live together in peace with one another as good neighbors, and
to unite our strength to maintain international peace and security, and
to ensure by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and
to employ international machinery for the promotion of the economic and social advancement of all peoples,
Have Resolved to Combine our Efforts to Accomplish these Aims
Accordingly, our respective Governments, through representatives assembled in the city of San Francisco, who have exhibited their full powers found to be in good and due form, have agreed to the present Charter of the United Nations and do hereby establish an international organization to be known as the United Nations.
CHAPTER I
PURPOSES AND PRINCIPLES
Article 1
The Purposes of the United Nations are:
1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;
2. To develop friendly relations among nations based on respect for the principle of equal rights and selfdetermination of peoples, and to take other appropriate measures to strengthen universal peace;
3. To achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and
4. To be a center for harmonizing the actions of nations in the attainment of these common ends.
Article 2
The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.
1. The Organization is based on the principle of the sovereign equality of all its Members.
2. All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter.
3. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.
4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.
5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action.
6. The Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security.
7. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII.
CHAPTER II
MEMBERSHIP
Article 3
The original Members of the United Nations shall be the states which, having participated in the United Nations Conference on International Organization at San Francisco, or having previously signed the Declaration by United Nations of January 1, 1942, sign the present Charter and ratify it in accordance with Article 110.
Article 4
1. Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.
2. The admission of any such state to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the Security Council.
Article 5
A member of the United Nations against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of the rights and privileges of membership by the General Assembly upon the recommendation of the Security Council. The exercise of these rights and privileges may be restored by the Security Council.
Article 6
A Member of the United Nations which has persistently violated the Principles contained in the present Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council.
CHAPTER III
ORGANS
Article 7
1. There are established as the principal organs of the United Nations: a General Assembly, a Security Council, an Economic and Social Council, a Trusteeship Council, an International Court of Justice, and a Secretariat.
2. Such subsidiary organs as may be found necessary may be established in accordance with the present Charter.
Article 8
The United Nations shall place no restrictions on the eligibility of men and women to participate in any capacity and under conditions of equality in its principal and subsidiary organs.
CHAPTER IV
THE GENERAL ASSEMBLY
Composition
Article 9
1. The General Assembly shall consist of all the Members of the United Nations.
2. Each member shall have not more than five representatives in the General Assembly.
Functions and Powers
Article 10
The General Assembly may discuss any questions or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter, and, except as provided in Article 12, may make recommendations to the Members of the United Nations or to the Security Council or to both on any such questions or matters.
Article 11
1. The General Assembly may consider the general principles of cooperation in the maintenance of international peace and security, including the principles governing disarmament and the regulation of armaments, and may make recommendations with regard to such principles to the Members or to the Security Council or to both.
2. The General Assembly may discuss any questions relating to the maintenance of international peace and security brought before it by any Member of the United Nations, or by the Security Council, or by a state which is not a Member of the United Nations in accordance with Article 35, paragraph 2, and, except as provided in Article 12, may make recommendations with regard to any such questions to the state or states concerned or to the Security Council or to both. Any such question on which action is necessary shall be referred to the Security Council by the General Assembly either before or after discussion.
3. The General Assembly may call the attention of the Security Council to situations which are likely to endanger international peace and security.
4. The powers of the General Assembly set forth in this Article shall not limit the general scope of Article 10.
Article 12
1. While the Security Council is exercising in respect of any dispute or situation the functions assigned to it in the present Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation unless the Security Council so requests.
2. The Secretary-General, with the consent of the Security Council, shall notify the General Assembly at each session of any matters relative to the maintenance of international peace and security which are being dealt with by the Security Council and shall similarly notify the General Assembly, or the Members of the United Nations if the General Assembly is not in session, immediately the Security Council ceases to deal with such matters.
Article 13
1. The General Assembly shall initiate studies and make recommendations for the purpose of:
a. promoting international cooperation in the political field and encouraging the progressive development of international law and its codification;
b. promoting international cooperation in the economic, social, cultural, educational, and health fields, and assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.
2. The further responsibilities, functions and powers of the General Assembly with respect to matters mentioned in paragraph 1(b) above are set forth in Chapters IX and X.
Article 14
Subject to the provisions of Article 12, the General Assembly may recommend measures for the peaceful adjustment of any situation, regardless of origin, which it deems likely to impair the general welfare or friendly relations among nations, including situations resulting from a violation of the provisions of the present Charter setting forth the Purposes and Principles of the United Nations.
Article 15
1. The General Assembly shall receive and consider annual and special reports from the Security Council; these reports shall include an account of the measures that the Security Council has decided upon or taken to maintain international peace and security.
2. The General Assembly shall receive and consider reports from the other organs of the United Nations.
Article 16
The General Assembly shall perform such functions with respect to the international trusteeship system as are assigned to it under Chapters XII and XIII, including the approval of the trusteeship agreements for areas not designated as strategic.
Article 17
1. The General Assembly shall consider and approve the budget of the Organization.
2. The expenses of the Organization shall be borne by the Members as apportioned by the General Assembly.
3. The General Assembly shall consider and approve any financial and budgetary arrangements with specialized agencies referred to in Article 57 and shall examine the administrative budgets of such specialized agencies with a view to making recommendations to the agencies concerned.
Voting
Article 18
1. Each member of the General Assembly shall have one vote.
2. Decisions of the General Assembly on important questions shall be made by a two-thirds majority of the members present and voting. These questions shall include: recommendations with respect to the maintenance of international peace and security, the election of the non-permanent members of the Security Council, the election of the members of the Economic and Social Council, the election of members of the Trusteeship Council in accordance with paragraph 1(c) of Article 86, the admission of new Members to the United Nations, the suspension of the rights and privileges of membership, the expulsion of Members, questions relating to the operation of the trusteeship system, and budgetary questions.
3. Decisions on other questions, Composition including the determination of additional categories of questions to be decided by a two-thirds majority, shall be made by a majority of the members present and voting.
Article 19
A Member of the United Nations which is in arrears in the payment of its financial contributions to the Organization shall have no vote in the General Assembly if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The General Assembly may, nevertheless, permit such a Member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the Member.
Procedure
Article 20
The General Assembly shall meet in regular annual sessions and in such special sessions as occasion may require. Special sessions shall be convoked by the Secretary-General at the request of the Security Council or of a majority of the Members of the United Nations.
Article 21
The General Assembly shall adopt its own rules of procedure. It shall elect its President for each session.
Article 22
The General Assembly may establish such subsidiary organs as it deems necessary for the performance of its functions.
CHAPTER V
THE SECURITY COUNCIL
Article 23
1. The Security Council shall consist of fifteen Members of the United Nations. The Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America shall be permanent members of the Security Council. The General Assembly shall elect ten other Members of the United Nations to be non-permanent members of the Security Council, due regard being specially paid, in the first instance to the contribution of Members of the United Nations to the maintenance of international peace and security and to the other purposes of the Organization, and also to equitable geographical distribution.
2. The non-permanent members of the Security Council shall be elected for a term of two years. In the first election of the non-permanent members after the increase of the membership of the Security Council from eleven to fifteen, two of the four additional members shall be chosen for a term of one year. A retiring member shall not be eligible for immediate re-election.
3. Each member of the Security Council shall have one representative.
Functions and Powers
Article 24
1. In order to ensure prompt and effective action by the United Nations, its Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf.
2. In discharging these duties the Security Council shall act in accordance with the Purposes and Principles of the United Nations. The specific powers granted to the Security Council for the discharge of these duties are laid down in Chapters VI, VII, VIII, and XII.
3. The Security Council shall submit annual and, when necessary, special reports to the General Assembly for its consideration.
Article 25
The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.
Article 26
In order to promote the establishment and maintenance of international peace and security with the least diversion for armaments of the world's human and economic resources, the Security Council shall be responsible for formulating, with the assistance of the Military Staff Committee referred to in Article 47, plans to be submitted to the Members of the United Nations for the establishment of a system for the regulation of armaments.
Voting
Article 27
1. Each member of the Security Council shall have one vote.
2. Decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members.
3. Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting.
Procedure
Article 28
1. The Security Council shall be so organized as to be able to function continuously. Each member of the Security Council shall for this purpose be represented at all times at the seat of the Organization.
2. The Security Council shall hold periodic meetings at which each of its members may, if it so desires, be represented by a member of the government or by some other specially designated representative.
3. The Security Council may hold meetings at such places other than the seat of the Organization as in its judgment will best facilitate its work.
Article 29
The Security Council may establish such subsidiary organs as it deems necessary for the performance of its functions.
Article 30
The Security Council shall adopt its own rules of procedure, including the method of selecting its President.
Article 31
Any Member of the United Nations which is not a member of the Security Council may participate, without vote, in the discussion of any question brought before the Security Council whenever the latter considers that the interests of that Member are specially affected.
Article 32
Any Member of the United Nations which is not a member of the Security Council or any state which is not a Member of the United Nations, if it is a party to a dispute under consideration by the Security Council, shall be invited to participate, without vote, in the discussion relating to the dispute. The Security Council shall lay down such conditions as it deems just for the participation of a state which is not a Member of the United Nations.
CHAPTER VI
PACIFIC SETTLEMENT OF DISPUTES
Article 33
1. The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.
2. The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.
Article 34
The Security Council may investigate any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security.
Article 35
1. Any Member of the United Nations may bring any dispute, or any situation of the nature referred to in Article 34, to the attention of the Security Council or of the General Assembly.
2. A state which is not a Member of the United Nations may bring to the attention of the Security Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for the purposes of the dispute, the obligations of pacific settlement provided in the present Charter.
3. The proceedings of the General Assembly in respect of matters brought to its attention under this Article will be subject to the provisions of Articles 11 and 12.
Article 36
1. The Security Council may, at any stage of a dispute of the nature referred to in Article 33 or of a situation of like nature, recommend appropriate procedures or methods of adjustment.
2. The Security Council should take into consideration any procedures for the settlement of the dispute which have already been adopted by the parties.
3. In making recommendations under this Article the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court.
Article 37
1. Should the parties to a dispute of the nature referred to in Article 33 fail to settle it by the means indicated in that Article, they shall refer it to the Security Council.
2. If the Security Council deems that the continuance of the dispute is in fact likely to endanger the maintenance of international peace and security, it shall decide whether to take action under Article 36 or to recommend such terms of settlement as it may consider appropriate.
Article 38
Without prejudice to the provisions of Articles 33 to 37, the Security Council may, if all the parties to any dispute so request, make recommendations to the parties with a view to a pacific settlement of the dispute.
CHAPTER VII
ACTION WITH RESPECT TO THREATS TO THE PEACE, BREACHES OF THE
PEACE, AND ACTS OF AGGRESSION
Article 39
The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.
Article 40
In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures.
Article 41
The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures.
These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.
Article 42
Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.
Article 43
1. All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security.
2. Such agreement or agreements shall govern the numbers and types of forces. their degree of readiness and general location, and the nature of the facilities and assistance to be provided.
3. The agreement or agreements shall be negotiated as soon as possible on the initiative of the Security Council.
They shall be concluded between the Security Council and Members or between the Security Council and groups of Members and shall be subject to ratification by the signatory states in accordance with their respective constitutional processes.
Article 44
When the Security Council has decided to use force it shall, before calling upon a Member not represented on it to provide armed forces in fulfillment of the obligations assumed under Article 43, invite that Member, if the Member so desires, to participate in the decisions of the Security Council concerning the employment of contingents of that Member's armed forces.
Article 45
In order to enable the United Nations to take urgent military measures Members shall hold immediately available national air-force contingents for combined international enforcement action. The strength and degree of readiness of these contingents and plans for their combined action shall be determined, within the limits laid down in the special agreement or agreements referred to in Article 43, by the Security Council with the assistance of the Military Staff Committee.
Article 46
Plans for the application of armed force shall be made by the Security Council with the assistance of the Military Staff Committee.
Article 47
1. There shall be established a Military Staff Committee to advise and assist the Security Council on all questions relating to the Security Council's military requirements for the maintenance of international peace and security, the employment and command of forces placed at its disposal, the regulation of armaments, and possible disarmament.
2. The Military Staff Committee shall consist of the Chiefs of Staff of the permanent members of the Security Council or their representatives. Any Member of the United Nations not permanently represented on the Committee shall be invited by the Committee to be associated with it when the efficient discharge of the Committee's responsibilities requires the participation of that Member in its work.
3. The Military Staff Committee shall be responsible under the Security Council for the strategic direction of any armed forces placed at the disposal of the Security Council. Questions relating to the command of such forces shall be worked out subsequently.
4. The Military Staff Committee, with the authorization of the Security Council and after consultation with appropriate regional agencies, may establish regional subcommittees.
Article 48
1. The action required to carry out the decisions of the Security Council for the maintenance of international peace and security shall be taken by all the Members of the United Nations or by some of them, as the Security Council may determine.
2. Such decisions shall be carried out by the Members of the United Nations directly and through their action in the appropriate international agencies of which they are members.
Article 49
The Members of the United Nations shall join in affording mutual assistance in carrying out the measures decided upon by the Security Council.
Article 50
If preventive or enforcement measures against any state are taken by the Security Council, any other state, whether a Member of the United Nations or not, which finds itself confronted with special economic problems arising from the carrying out of those measures shall have the right to consult the Security Council with regard to a solution of those problems.
Article 51
Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of selfdefense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.
CHAPTER VIII
REGIONAL ARRANGEMENTS
Article 52
1. Nothing in the present Charter precludes the existence of regional arrangements or agencies for dealing with such matters relating to the maintenance of international peace and security as are appropriate for regional action, provided that such arrangements or agencies and their activities are consistent with the Purposes and Principles of the United Nations.
2. The Members of the United Nations entering into such arrangements or constituting such agencies shall make every effort to achieve pacific settlement of local disputes through such regional arrangements or by such regional agencies before referring them to the Security Council.
3. The Security Council shall encourage the development of pacific settlement of local disputes through such regional arrangements or by such regional agencies either on the initiative of the states concerned or by reference from the Security Council.
4. This Article in no way impairs the application of Articles 34 and 35.
Article 53
1. The Security Council shall, where appropriate, utilize such regional arrangements or agencies for enforcement action under its authority. But no enforcement action shall be taken under regional arrangements or by regional agencies without the authorization of the Security Council, with the exception of measures against any enemy state, as defined in paragraph 2 of this Article, provided for pursuant to Article 107 or in regional arrangements directed against renewal of aggressive policy on the part of any such state, until such time as the Organization may, on request of the Governments concerned, be charged with the responsibility for preventing further aggression by such a state.
2. The term enemy state as used in paragraph 1 of this Article applies to any state which during the Second World War has been an enemy of any signatory of the present Charter.
Article 54
The Security Council shall at all times be kept fully informed of activities undertaken or in contemplation under regional arrangements or by regional agencies for the maintenance of international peace and security.
CHAPTER IX
INTERNATIONAL ECONOMIC AND SOCIAL CO-OPERATION
Article 55
With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote:
a. higher standards of living, full employment, and conditions of economic and social progress and development;
b. solutions of international economic, social, health, and related problems; and international cultural and educational co-operation; and
c. universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.
Article 56
All Members pledge themselves to take joint and separate action in cooperation with the Organization for the achievement of the purposes set forth in Article 55.
Article 57
1. The various specialized agencies, established by intergovernmental agreement and having wide international responsibilities, as defined in their basic instruments, in economic, social, cultural, educational, health, and related fields, shall be brought into relationship with the United Nations in accordance with the provisions of Article 63.
2. Such agencies thus brought into relationship with the United Nations are hereinafter referred to as specialized agencies.
Article 58
The Organization shall make recommendations for the coordination of the policies and activities of the specialized agencies.
Article 59
The Organization shall, where appropriate, initiate negotiations among the states concerned for the creation of any new specialized agencies required for the accomplishment of the purposes set forth in Article 55.
Article 60
Responsibility for the discharge of the functions of the Organization set forth in this Chapter shall be vested in the General Assembly and, under the authority of the General Assembly, in the Economic and Social Council, which shall have for this purpose the powers set forth in Chapter X.
CHAPTER X
THE ECONOMIC AND SOCIAL COUNCIL
Composition
Article 61
1. The Economic and Social Council shall consist of fifty-four Members of the United Nations elected by the General Assembly.
2. Subject to the provisions of paragraph 3, eighteen members of the Economic and Social Council shall be elected each year for a term of three years. A retiring member shall be eligible for immediate re-election.
3. At the first election after the increase in the membership of the Economic and Social Council from twentyseven to fifty-four members, in addition to the members elected in place of the nine members whose term of office expires at the end of that year, twenty-seven additional members shall be elected. Of these twenty-seven additional members, the term of office of nine members so elected shall expire at the end of one year, and of nine other members at the end of two years, in accordance with arrangements made by the General Assembly.
4. Each member of the Economic and Social Council shall have one representative.
Functions and Powers
Article 62
1. The Economic and Social Council may make or initiate studies and reports with respect to international economic, social, cultural, educational, health, and related matters and may make recommendations with respect to any such matters to the General Assembly, to the Members of the United Nations, and to the specialized agencies concerned.
2. It may make recommendations for the purpose of promoting respect for, and observance of, human rights and fundamental freedoms for all.
3. It may prepare draft conventions for submission to the General Assembly, with respect to matters falling within its competence.
4. It may call, in accordance with the rules prescribed by the United Nations, international conferences on matters falling within its competence.
Article 63
1. The Economic and Social Council may enter into agreements with any of the agencies referred to in Article 57, defining the terms on which the agency concerned shall be brought into relationship with the United Nations. Such agreements shall be subject to approval by the General Assembly.
2. It may coordinate the activities of the specialized agencies through consultation with and recommendations to such agencies and through recommendations to the General Assembly and to the Members of the United Nations.
Article 64
1. The Economic and Social Council may take appropriate steps to obtain regular reports from the specialized agencies. It may make arrangements with the Members of the United Nations and with the specialized agencies to obtain reports on the steps taken to give effect to its own recommendations and to recommendations on matters falling within its competence made by the General Assembly.
2. It may communicate its observations on these reports to the General Assembly.
Article 65
The Economic and Social Council may furnish information to the Security Council and shall assist the Security Council upon its request.
Article 66
1. The Economic and Social Council shall perform such functions as fall within its competence in connection with the carrying out of the recommendations of the General Assembly.
2. It may, with the approval of the General Assembly, perform services at the request of Members of the United Nations and at the request of specialized agencies.
3. It shall perform such other functions as are specified elsewhere in the present Charter or as may be assigned to it by the General Assembly.
Article 67
1. Each member of the Economic and Social Council shall have one vote.
2. Decisions of the Economic and Social Council shall be made by a majority of the members present and voting.
Procedure
Article 68
The Economic and Social Council shall set up commissions in economic and social fields and for the promotion of human rights, and such other commissions as may be required for the performance of its functions.
Article 69
The Economic and Social Council shall invite any Member of the United Nations to participate, without vote, in its deliberations on any matter of particular concern to that Member.
Article 70
The Economic and Social Council may make arrangements for representatives of the specialized agencies to participate, without vote, in its deliberations and in those of the commissions established by it, and for its representatives to participate in the deliberations of the specialized agencies.
Article 71
The Economic and Social Council may make suitable arrangements for consultation with non-governmental organizations which are concerned with matters within its competence. Such arrangements may be made with international organizations and, where appropriate, with national organizations after consultation with the Member of the United Nations concerned.
Article 72
1. The Economic and Social Council shall adopt its own rules of procedure, including the method of selecting its President.
2. The Economic and Social Council shall meet as required in accordance with its rules, which shall include provision for the convening of meetings on the request of a majority of its members.
CHAPTER XI
DECLARATION REGARDING NON-SELF-GOVERNING TERRITORIES
Article 73
Members of the United Nations which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the well-being of the inhabitants of these territories, and, to this end:
a. to ensure, with due respect for the culture of the peoples concerned, their political, economic, social, and educational advancement, their just treatment, and their protection against abuses;
b. to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement;
c. to further international peace and security;
d. to promote constructive measures of development, to encourage research, and to cooperate with one another and, when and where appropriate, with specialized international bodies with a view to the practical achievement of the social, economic, and scientific purposes set forth in this Article; and
e. to transmit regularly to the Secretary-General for information purposes, subject to such limitation as security and constitutional considerations may require, statistical and other information of a technical nature relating to economic, social, and educational conditions in the territories for which they are respectively responsible other than those territories to which Chapters XII and XIII apply.
Article 74
Members of the United Nations also agree that their policy in respect of the territories to which this Chapter applies, no less than in respect of their metropolitan areas, must be based on the general principle of goodneighborliness, due account being taken of the interests and well-being of the rest of the world, in social, economic, and commercial matters.
CHAPTER XII
INTERNATIONAL TRUSTEESHIP SYSTEM
Article 75
The United Nations shall establish under its authority an international trusteeship system for the administration and supervision of such territories as may be placed thereunder by subsequent individual agreements. These territories are hereinafter referred to as trust territories.
Article 76
The basic objectives of the trusteeship system, in accordance with the Purposes of the United Nations laid down in Article 1 of the present Charter, shall be:
a. to further international peace and security;
b. to promote the political, economic, social, and educational advancement of the inhabitants of the trust territories, and their progressive development towards self-government or independence as may be appropriate to the particular circumstances of each territory and its peoples and the freely expressed wishes of the peoples concerned, and as may be provided by the terms of each trusteeship agreement;
c. to encourage respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion, and to encourage recognition of the interdependence of the peoples of the world; and
d. to ensure equal treatment in social, economic, and commercial matters for all Members of the United Nations and their nationals and also equal treatment for the latter in the administration of justice without prejudice to the attainment of the foregoing objectives and subject to the provisions of Article 80.
Article 77
1. The trusteeship system shall apply to such territories in the following categories as may be placed thereunder by means of trusteeship agreements:
a. territories now held under mandate;
b. territories which may be detached from enemy states as a result of the Second World War, and
c. territories voluntarily placed under the system by states responsible for their administration.
2. It will be a matter for subsequent agreement as to which territories in the foregoing categories will be brought under the trusteeship system and upon what terms.
Article 78
The trusteeship system shall not apply to territories which have become Members of the United Nations, relationship among which shall be based on respect for the principle of sovereign equality.
Article 79
The terms of trusteeship for each territory to be placed under the trusteeship system, including any alteration or amendment, shall be agreed upon by the states directly concerned, including the mandatory power in the case of territories held under mandate by a Member of the United Nations, and shall be approved as provided for in Articles 83 and 85.
Article 80
1. Except as may be agreed upon in individual trusteeship agreements, made under Articles 77, 79, and 81, placing each territory under the trusteeship system, and until such agreements have been concluded, nothing in this Chapter shall be construed in or of itself to alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments to which Members of the United Nations may respectively be parties.
2. Paragraph 1 of this Article shall not be interpreted as giving grounds for delay or postponement of the negotiation and conclusion of agreements for placing mandated and other territories under the trusteeship system as provided for in Article 77.
Article 81
The trusteeship agreement shall in each case include the terms under which the trust territory will be administered and designate the authority which will exercise the administration of the trust territory. Such authority, hereinafter called the administering authority, may be one or more states or the Organization itself.
Article 82
There may be designated, in any trusteeship agreement, a strategic area or areas which may include part or all of the trust territory to which the agreement applies, without prejudice to any special agreement or agreements made under Article 43.
Article 83
1. All functions of the United Nations relating to strategic areas, including the approval of the terms of the trusteeship agreements and of their alteration or amendment, shall be exercised by the Security Council.
2. The basic objectives set forth in Article 76 shall be applicable to the people of each strategic area.
3. The Security Council shall, subject to the provisions of the trusteeship agreements and without prejudice to security considerations, avail itself of the assistance of the Trusteeship Council to perform those functions of the United Nations under the trusteeship system relating to political. economic, social, and educational matters in the strategic areas.
Article 84
It shall be the duty of the administering authority to ensure that the trust territory shall play its part in the maintenance of international peace and security. To this end the administering authority may make use of volunteer forces, facilities, and assistance from the trust territory in carrying out the obligations towards the Security Council undertaken in this regard by the administering authority, as well as for local defense and the maintenance of law and order within the trust territory.
Article 85
1. The functions of the United Nations with regard to trusteeship agreements for all areas not designated as strategic, including the approval of the terms of the trusteeship agreements and of their alteration or amendment, shall be exercised by the General Assembly.
2. The Trusteeship Council, operating under the authority of the General Assembly, shall assist the General Assembly in carrying out these functions.
CHAPTER XIII
THE TRUSTEESHIP COUNCIL
Composition
Article 86
1. The Trusteeship Council shall consist of the following Members of the United Nations:
a. those Members administering trust territories;
b. such of those Members mentioned by name in Article 23 as are not administering trust territories; and
c. as many other Members elected for three-year terms by the General Assembly as may be necessary to ensure that the total number of members of the Trusteeship Council is equally divided between those Members of the United Nations which administer trust territories and those which do not.
2. Each member of the Trusteeship Council shall designate one specially qualified person to represent it therein.
Functions and Powers
Article 87
The General Assembly and, under its authority, the Trusteeship Council, in carrying out their functions, may:
a. consider reports submitted by the administering authority;
b. accept petitions and examine them in consultation with the administering authority;
c. provide for periodic visits to the respective trust territories at times agreed upon with the administering authority; and
d. take these and other actions in conformity with the terms of the trusteeship agreements.
Article 88
The Trusteeship Council shall formulate a questionnaire on the political, economic, social, and educational advancement of the inhabitants of each trust territory, and the administering authority for each trust territory within the competence of the General Assembly shall make an annual report to the General Assembly upon the basis of such questionnaire.
Voting
Article 89
1. Each member of the Trusteeship Council shall have one vote.
2. Decisions of the Trusteeship Council shall be made by a majority of the members present and voting.
Procedure
Article 90
1. The Trusteeship Council shall adopt its own rules of procedure, including the method of selecting its President.
2. The Trusteeship Council shall meet as required in accordance with its rules, which shall include provision for the convening of meetings on the request of a majority of its members.
Article 91
The Trusteeship Council shall, when appropriate, avail itself of the assistance of the Economic and Social Council and of the specialized agencies in regard to matters with which they are respectively concerned.
CHAPTER XIV
THE INTERNATIONAL COURT OF JUSTICE
Article 92
The International Court of Justice shall be the principal judicial organ of the United Nations. It shall function in accordance with the annexed Statute which is based upon the Statute of the Permanent Court of International Justice and forms an integral part of the present Charter.
Article 93
1. All Members of the United Nations are ipso facto parties to the Statute of the International Court of Justice.
2. A state which is not a Member of the United Nations may become a party to the Statute of the International Court of Justice on conditions to be determined in each case by the General Assembly upon the recommendation of the Security Council.
Article 94
1. Each Member of the United Nations undertakes to comply with the decision of the International Court of Justice in any case to which it is a party.
2. If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment.
Article 95
Nothing in the present Charter shall prevent Members of the United Nations from entrusting the solution of their differences to other tribunals by virtue of agreements already in existence or which may be concluded in the future.
Article 96
1. The General Assembly or the Security Council may request the International Court of Justice to give an advisory opinion on any legal question.
2. Other organs of the United Nations and specialized agencies, which may at any time be so authorized by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.
CHAPTER XV
THE SECRETARIAT
Article 97
The Secretariat shall comprise a Secretary-General and such staff as the Organization may require. The Secretary-General shall be appointed by the General Assembly upon the recommendation of the Security Council. He shall be the chief administrative officer of the Organization.
Article 98
The Secretary-General shall act in that capacity in all meetings of the General Assembly, of the Security Council, of the Economic and Social Council, and of the Trusteeship Council, and shall perform such other functions as are entrusted to him by these organs. The Secretary-General shall make an annual report to the General Assembly on the work of the Organization.
Article 99
The Secretary-General may bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security.
Article 100
1. In the performance of their duties the Secretary-General and the staff shall not seek or receive instructions from any government or from any other authority external to the Organization. They shall refrain from any action which might reflect on their position as international officials responsible only to the Organization.
2. Each Member of the United Nations undertakes to respect the exclusively international character of the responsibilities of the Secretary-General and the staff and not to seek to influence them in the discharge of their responsibilities.
Article 101
1. The staff shall be appointed by the Secretary-General under regulations established by the General Assembly.
2. Appropriate staffs shall be permanently assigned to the Economic and Social Council, the Trusteeship Council, and, as required, to other organs of the United Nations. These staffs shall form a part of the Secretariat.
3. The paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, competence, and integrity. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible.
CHAPTER XVI
MISCELLANEOUS PROVISIONS
Article 102
1. Every treaty and every international agreement entered into by any Member of the United Nations after the present Charter comes into force shall as soon as possible be registered with the Secretariat and published by it.
2. No party to any such treaty or international agreement which has not been registered in accordance with the provisions of paragraph I of this Article may invoke that treaty or agreement before any organ of the United Nations.
Article 103
In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.
Article 104
The Organization shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfillment of its purposes.
Article 105
1. The Organization shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfillment of its purposes.
2. Representatives of the Members of the United Nations and officials of the Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organization.
3. The General Assembly may make recommendations with a view to determining the details of the application of paragraphs 1 and 2 of this Article or may propose conventions to the Members of the United Nations for this purpose.
CHAPTER XVII
TRANSITIONAL SECURITY ARRANGEMENTS
Article 106
Pending the coming into force of such special agreements referred to in Article 43 as in the opinion of the Security Council enable it to begin the exercise of its responsibilities under Article 42, the parties to the Four-Nation Declaration, signed at Moscow October 30, 1943, and France, shall, in accordance with the provisions of paragraph 5 of that Declaration, consult with one another and as occasion requires with other Members of the United Nations with a view to such joint action on behalf of the Organization as may be necessary for the purpose of maintaining international peace and security.
Article 107
Nothing in the present Charter shall invalidate or preclude action, in relation to any state which during the Second World War has been an enemy of any signatory to the present Charter, taken or authorized as a result of that war by the Governments having responsibility for such action.
CHAPTER XVIII
AMENDMENTS
Article 108
Amendments to the present Charter shall come into force for all Members of the United Nations when they have been adopted by a vote of two thirds of the members of the General Assembly and ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations, including all the permanent members of the Security Council.
Article 109
1. A General Conference of the Members of the United Nations for the purpose of reviewing the present Charter may be held at a date and place to be fixed by a two-thirds vote of the members of the General Assembly and by a vote of any seven members of the Security Council. Each Member of the United Nations shall have one vote in the conference.
2. Any alteration of the present Charter recommended by a two-thirds vote of the conference shall take effect when ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations including all the permanent members of the Security Council.
3. If such a conference has not been held before the tenth annual session of the General Assembly following the coming into force of the present Charter, the proposal to call such a conference shall be placed on the agenda of that session of the General Assembly, and the conference shall be held if so decided by a majority vote of the members of the General Assembly and by a vote of any seven members of the Security Council.
CHAPTER XIX
RATIFICATION AND SIGNATURE
Article 110
1. The present Charter shall be ratified by the signatory states in accordance with their respective constitutional processes.
2. The ratifications shall be deposited with the Government of the United States of America, which shall notify all the signatory states of each deposit as well as the Secretary-General of the Organization when he has been appointed.
3. The present Charter shall come into force upon the deposit of ratifications by the Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, and by a majority of the other signatory states. A protocol of the ratifications deposited shall thereupon be drawn up by the Government of the United States of America which shall communicate copies thereof to all the signatory states.
4. The states signatory to the present Charter which ratify it after it has come into force will become original Members of the United Nations on the date of the deposit of their respective ratifications.
Article 111
The present Charter, of which the Chinese, French, Russian, English, and Spanish texts are equally authentic, shall remain deposited in the archives of the Government of the United States of America. Duly certified copies thereof shall be transmitted by that Government to the Governments of the other signatory states.
IN FAITH WHEREOF the representatives of the Governments of the United Nations have signed the present Charter.
DONE at the city of San Francisco the twenty-sixth day of June, one thousand nine hundred and forty-five.
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