Charter of the International Tribunal of Conscience of Peoples in Movement (ITCPM) (SEPT 2015 version)

Charter of the International Tribunal of Conscience of Peoples in Movement (ITCPM)

(REVISED VERSION SEPTEMBER 2015)

“NO HUMAN BEING IS ILLEGAL”

“ALL RIGHTS FOR ALL, WITHOUT BORDERS”

Objectives of the Tribunal and Frameworks for Consideration of Cases and Evidence

1. To make visible, investigate, document, judge, and determine the ethical

and/or legal responsibility of states, governments, corporations, institutions,

organizations and/or persons implicated in policies or practices which result in

violations of the dignity and/or rights of migrants, refugees, and the

displaced (“peoples in movement”), and/or of their families, communities, and

peoples, in countries or places of origin, transit, and destination throughout

the world, and of the rights of all victims of serious human rights violations

a) within the framework of patterns and practices of state, structural,

and/or systemic violence, including state terror and paramilitarism

b) including their rights to migrate, not to migrate, and not to be forcibly

displaced, which together lay the foundation for the universal right to

freedom of movement, transit, and/or “human mobility”, “hospitality”,

or ius migrandi (see Arts. 13 and 14 of the Universal Declaration of

Human Rights of 1948), and/or of their to right to remain in their

current place of residence, or to return to their place of origin;

2. To analyze representative cases of serious human rights violations, and

violations of the dignity and/or rights of migrants, refugees, the displaced

(“peoples in movement”), and/or of their families, communities, and peoples,

and to judge and determine the responsibility of state and/or corporate actors

in light of the minimums established by relevant international, regional or

national instruments and/or jurisprudence, customary law, and their

interpretation, as provided by Art. 38 of the Statute of the International

Court of Justice (1945); and/or

a) the ethical imperatives which underlie the demands of movements and

peoples, and their insurgent legitimacy within the context of the exercise

of their right to resistance and rebellion, including the exercise of the

right to freedom of movement as an expression of a process of liberation;

b) from the perspective of alternative law, including the right to universal

citizenship, social and/or political membership,and/or participation based

upon residence or domicile, and people´s rights to freely choose their own

destiny and life projects, as an expression of their right to self-

determination, as recognized in the Statute of the Permanent People´s

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Tribunal, based upon the Universal Declaration of the Rights of Peoples

(Algiers Declaration, July 4, 1976, Arts. 1-7);

c) the rights recognized and demands included in the People´s Agreement

adopted by the World People´s Summit on Climate Change and the Rights

of Mother Earth on April 22d 2010, and in the Charter of Rights of

Undocumented Workers adopted in Mexico City on April 30th, 1980, among

other sources;

d) to recommend immediate, interim or medium term, and long term

precautionary and/or remedial measures based upon the rights to justice,

compensation, reparation and/or restitution of harms; to truth, and/or

reconciliation, applicable to each case as appropriate, and with regard to

the systematic patterns and practices which they might reflect;

e) to contribute from a critical, counter-hegemonic perspective not only to

enhancing or deepening existing legal frameworks, but also to the

expansion of their reach in terms of the recognition of rights, and to their

transformation “from below”;

f) to consider all claims and all forms of evidence presented (oral, written,

and through all audiovisual means, recordings, testimony, documentation,

reports, studies, etc.) from the perspective of the Pro Persona principle

(all doubts resolved in favor of the victims of serious human rights crimes,

and the adoption of the interpretation most favorable to the broadest

possible understanding of the rights and remedies at issue), in the

interests of justice;

g) to facilitate the processing of appropriate cases into relevant

international, regional, and national inter-governmental and non-

governmental institutional channels and frameworks of public action, policy,

and opinion, including coordination and collaboration as necessary regarding

convergent issues with other Tribunals of Consciente or similar mechanisms

(such as The Tribunal of Migrant and Refugee Women in Argentina, the

Permanent People´s Tribunal, the International Tribunal on Climate and

Environmental Justice, the Latin American Tribunal on Water, the Tribunal on

Sexual Violence during the armed conflict in Guatemala, the International

Tribunal on Trade Union Freedoms, and the Benito Juárez International

Tribunal, among others).:

h) to disseminate its findings broadly, throughout the world, at minimum in

equally authoritative versions in English and Spanish, and in other

languages to the extent possible

Key Dates, Frameworks

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1. The International Tribunal of Conscience conducted its first session within the

framework of the Iv World Social Forum on Migration (WSFM;

http://www.fsmm2010.ec/) held in Quito, Ecuador, Oct. 8-12, 2010;

2. The Tribunal´s second session was held in Mexico City from Nov. 4th to 6th

2010, and in Guadalajara, Mexico, focused on the case of the ExBraceros, on

Nov. 9, 2010, as part of the Global Alternative Forum of Peoples in Movement

(which was among the counter-hegemonic spaces and activities organized in

response to the Ivth Global Forum on Migration and Development (GFMD) to be

held in Puerto Vallarta from Nov. 8-11, organized by the Mexican government

and the BBVA Bancomer Foundation;

3. The Tribunal´s focus between November 2011 and November 2014 was on

supporting the 3 year process of hearings in Mexico organized by the

Permanent Peoples Tribunal (PPT).

4. Dates, locations, and characteristics of subsequent sessions of the Tribunal

will be determined by its Permanent Secretariat.

5. The hearings in NY between September 25 and 27 constitute a special session

of the Tribunal, which initiate a process focused on generalized, recurrent

violations of human rights in Mexico, and the role played by U.S policy in

exacerbating this crisis in contexts such as the cases of Ayotzinapa, the San

Fernando Massacre and mass graves, the Acteal Massacre, etc.

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