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The United Nations Sustainable Development Goals

 “By far the most important initiative and best opportunity for reform in the world ever”




DRAFT

SDG Target 16.3, Target Action Plan TAP #27

TAP27 Reform Legal Systems, Enforce the Rule of Law and Ensure Justice for All

       Ensure that:

           The fact that under our constitution sovereignty resides in the people is enforced

           There is an enforced rule of law at all levels of governments including international levels in particular by ensuring that 18 U.S. Code § 4. Misprision of felony is enforced

           There is equal access to justice for all

           Human rights and civil liberties are respected, observed, and protected for all

      Make the universal declaration of human rights legally binding and ensure that it and all other human rights and civil liberties are observed and protected for all humankind worldwide

      End all forms of discrimination

(Updated May 28, 2021)

(This is a work in progress. Please provide comments/suggestions/additional actions to PeopleNow.org by email: info@peoplenow.org)


TAP

27     Reform Legal Systems

 

27.1  Introduction


The rule of law in our country and in most of the world is incomplete and not being enforced and human rights and civil liberties are routinely violated worldwide. This plan outlines Target Actions required to ensure there is an enforced rule of law at all levels of government including international levels, that all human rights and civil liberties are respected, observed, and protected for all humankind and there is equal access to justice for all.

 


TABLE OF CONTENTS


 

27.1Introduction

 

27.2Purpose

 

27.3Objectives

 

27.4Actions

         27.4.1    Inform and educate the public and private sectors on human rights, civil liberties and the rule of law using the people’s global factual information and education program

         27.4.2    Make the Universal Declaration of Human Rights Legally Binding and Ensure That it and all other Human Rights and Civil Liberties Are Observed and Protected for All Humankind Worldwide

         27.4.3    Ensure that there is an enforced rule of law at all levels of governments including international levels

         27.4.4    Enforce 18 U.S. Code § 4. Misprision of felony to have a rule of law that works

         27.4.5    The president order government officials and private actors who are committing abuses or other crimes to cease.

         27.4.6    When military forces phased out under TAP 19, eliminate the Uniform Code of Military Justice (UCMJ) and military tribunals

         27.4.7    Reform surveillance policies and practices at the federal, state, and local levels to restore personal privacy

         27.4.8    Protect the right to dissent

         27.4.9    Ensure that profiling or discriminating against any person, race, or group is properly codified as a crime and enforced

         27.4.10  Eliminate excessive government secrecy and expand government oversight

         27.4.11  Reform and phase-out counter-terrorism policies

         27.4.12  End the war on drugs, vacate as null and void drug user laws and sentences. Release non-violent prisoners

         27.4.13  Congress stop funding and shutdown the school of americas

         27.4.14  End exploitation of people of the U.S. and the world

         27.4.15  End all forms of discrimination

         27.4.16  Provide equal, due process, human, economic rights for all the people of America and the world

         27.4.17  Gain statehood for Washington DC. The rights of the people of Washington DC are being denied by not having statehood

         27.4.18  Retain Roe v. Wade, while taking humane actions to reduce unwanted pregnancies.

         27.4.19  Close military prisons at Guantanamo immediately.

         27.4.20  Ensure detainees are treated humanely and their rights are observed and end "advanced interrogation techniques” (mental/physical abuse and torture), warrant-less arrests and searches, secret detentions and renditions.

         27.4.21  Oppose bans on same-sex civil unions and marriages

         27.4.22  Support the right to same-sex civil unions and marriages.

         27.4.23  Ensure Internet neutrality.

         27.4.24  Eliminate “Presidential signing statements”.

 

27.5Background

________

 

27.2   Purpose


The purpose of this TAP includes Target Actions required to ensure that all human rights and civil liberties are observed and protected for all humankind and violations of human rights and civil liberties are corrected.

 

27.3   Objectives. The objective of this plan include::

 

27.3.1 To implements SDG Target 16.3 “Ensure an enforced rule of law at all levels of government including international levels and ensure equal access to justice for all”

 

27.3.2 To make the Universal Declaration of Human Rights legally mandatory international law enforced worldwide.

 

27.3.3 To ensure that all laws are enforced in particular: 18 U.S. Code § 4. Misprision of felony. Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States 

 

27.4   Actions                                                    

 

27.4.1 Inform and educate the public and private sectors on human rights, civil liberties and the rule of law using the people’s global factual information and education program

 

27.4.2 Make the Universal Declaration of Human Rights Legally Binding and Ensure That it and all other Human Rights and Civil Liberties Are Observed and Protected for All Humankind Worldwide:

 

27.4.2.1 The Universal Declaration of Human Rights, includes in articles 22 to 27: the right to social security; the right to work; the right to equal-pay-for-equal-work; the right to rest-and-leisure; the right to a standard-of-living adequate for health and well-being; the right to education; and the right to participate in the cultural life of the community

 

27.4.2.2 This Declaration of Human Rights, recognized as the foundation of international human rights law, has inspired the legally binding international human rights treaties, all of which this plan will ensure are enforced:

 

27.4.2.2.1 The International Covenant on Civil and Political Rights (with its two Optional Protocols) is a multilateral legally binding treaty adopted by the United Nations General Assembly through GA. Resolution 2200A (XXI) on 16 December 1966, and in force from 23 March 1976

 

27.4.2.2.2 The International Covenant on Economic, Social and Cultural Rights is a legally binding multilateral treaty adopted by the United Nations General Assembly on 16 December 1966 through GA. Resolution 2200A (XXI), and came in force from 3 January 1976.

 

27.4.3 Ensure that there is an enforced rule of law at all levels of governments including international levels:

 

27.4.3.1 The U.S. supposedly has a rule of law however it is not adequately or universally enforced. Today we have very lenient, almost non-existent criminal justice for the wealthy and senior public and private sector officials and harsh criminal justice for about 80% of the people who cannot afford expensive attorneys

 

27.4.4 Enforce 18 U.S. Code § 4. Misprision of felony to have a rule of law that works. It states “Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.(June 25, 1948, ch. 645, 62 Stat. 684; Pub. L. 103–322, title XXXIII, §?330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)

 

27.4.5 The president order government officials and private actors who are committing abuses or other crimes to cease. This includes:

 

27.4.5.1 Indefinitely detaining, torturing, utilizing extraordinary renditions, or failing to ensure fair trials in Article III courts;

 

27.4.5.2 Using National Security as an excuse not to respect or protect human rights and civil liberties which is unconstitutional and criminal.

 

27.4.5.3 Violating any human rights or civil liberties in particular the right to social security; the right to work; the right to equal-pay-for-equal-work; the right to rest-and-leisure; the right to a standard-of-living adequate for health and well-being; the right to education; and the right to participate in the cultural life of the community;

27.4.5.4 Violating personal privacy, or security, or punishing dissent;

 

27.4.5.5 Profiling or discriminating against anyone or any group based on race, ethnicity, or national origin;

 

27.4.5.6 Implementing excessive government secrecy, or limiting government oversight;

 

27.4.5.7 Promoting national-security or counterterrorism policies that violate human rights, civil liberties, or the rule-of-law;

 

27.4.5.8 Assisting, aiding or abetting conduct of abuses by voting to provide funds for them

 

27.4.5.9 Conspiring to violate rights;

 

27.4.5.10  Ordering, conducting or condoning raids, rounding up, imprisoning and deporting dozens of members of Central American families seeking refuge from extreme violence and dire economic conditions in their communities of origin. http://www.soaw.org/news/organizing-updates/4354-stop-the-raids-and-focus-instead-on-us-policy-towards-central-america

 

27.4.5.11  Other crimes are shown on www.HumaneJustice,org

 

27.4.6 When military forces phased out under TAP 19, eliminate the Uniform Code of Military Justice (UCMJ) and military tribunals Target Action Plan #19 § 19.4.9:

 

27.4.7 Reform surveillance policies and practices at the federal, state, and local levels to restore personal privacy

 

27.4.8 Protect the right to dissent

 

27.4.9 Ensure that profiling or discriminating against any person, race, or group is properly codified as a crime and enforced.

 

27.4.10  Eliminate excessive government secrecy and expand government oversight.

 

27.4.11  Reform and phase-out counter-terrorism policies which should include:

 

27.4.11.1  Treat any unlawful act of terrorism as a crime with trials if necessary in Article III courts.

 

27.4.11.2  Consider mitigating and extenuating facts during the investigation and negotiation phases in all cases.

 

27.4.12  End the war on drugs, vacate as null and void drug user laws and sentences. Release non-violent prisoners

 

27.4.12.1  After 40 years, the War on Drugs has not reduced the supply or use of illegal drugs and has resulted in the wrongful mass incarceration of large numbers of minorities for nonviolent offenses.

 

27.4.13  Congress stop funding and shutdown the school of americas

 

27.4.14  End exploitation of people of the U.S. and the world

 

27.4.15  End all forms of discrimination

 

27.4.16  Provide equal, due process, human, economic rights for all the people of America and the world

 

27.4.17  Gain statehood for Washington DC. The rights of the people of Washington DC are being denied by not having statehood

 

27.4.18  Retain Roe v. Wade, while taking humane actions to reduce unwanted pregnancies.

 

27.4.19  Close military prisons at Guantanamo immediately.

 

27.4.20  Ensure detainees are treated humanely and their rights are observed and end "advanced interrogation techniques” (mental/physical abuse and torture), warrant-less arrests and searches, secret detentions and renditions.

 

27.4.21  Oppose bans on same-sex civil unions and marriages

 

27.4.22  Support the right to same-sex civil unions and marriages.

 

27.4.23  Ensure Internet neutrality.

 

27.4.24  Eliminate “Presidential signing statements”.

 

27.4.25  Cease extra-judicial civil asset forfeitures

 

27.4.25.1  Vacate as null and void laws that allow officials and agencies to seize assets without warrants or if a person is not convicted of or even charged with a crime and return seized assets with compensation for damages.

 

27.4.25.2  Enforcement personnel and agencies are violating individuals rights and wrongfully and unlawfully seizing individuals’ assets without warrants or probable cause whether a person is convicted of or even charged with a crime, under the assumption that the assets are connected to a drug offense.

 

27.5   Background

 

27.5.1 As explained under the Rule of Law and Declaration of Delhi in Wikipedia:

 

27.5.1.1 The International Congress of Jurists, consisting of 185 judges, practicing lawyers and teachers of law from 53 countries, assembled in New Delhi in January 1959 under the aegis of the International Commission of Jurists, discussed freely and frankly the Rule of Law and the administration of justice throughout the world, reached conclusions regarding the legislative, the executive, the criminal process, the judiciary and the legal profession and further developed the principles and procedures underlying the Rule of Law as well as defining and clarifying the concept itself.

 

27.5.1.2 The conclusions of this Congress, promulgated to the world in what was called The Declaration of Delhi including: This commission gave rise to three important elements in the concept of the Rule of Law.

 

27.5.1.2.1 First, that the individual is possessed of certain rights and freedoms and that he is entitled to protection of these rights and freedoms by the State;

 

27.5.1.2.2 Second, that there is an absolute need for an independent judiciary and bar as well as for effective machinery for the protection of fundamental rights and freedoms; and

 

27.5.1.2.3 Third, that the establishment of social, economic, educational and cultural conditions would permit men to live in dignity and to fulfill their legitimate aspirations.

 

27.5.1.2.4 For the first item: Under our Constitution and the International Covenants on Human Rights, individuals are possessed of detailed extensive rights and freedoms and entitled to protection of these rights and freedoms by the State. However, our public servants are not protecting these rights and freedoms and in many cases are violating them as evidenced by: warrant-less arrests and searches, spying on citizens, state sponsored torture.

 

27.5.1.2.5 The second; The ineffectiveness of our legal machinery and our judiciary being absolutely dependent on the largesse of corporation executives and others in the 1% as evidenced by: Citizens United and other court rulings, no indictments of financial criminals, very little enforcement of anti-trust laws, solitary confinement, private for profit prisons, punitive punishment, little rehabilitation and restorative justice for the poor and disadvantaged, confusing complicated and often unconstitutional statues, etc.

 

27.5.1.2.6 The third; Despite the fact that the Constitution requires that our public servants promote the general welfare, people want to work and productivity and technology make prosperity for all possible, our public servants have prevented and blocked the establishment of the cultural conditions that would permit men to live in dignity as evidenced by: extensive unemployment, poverty, homelessness, hunger, regressive tax codes, etc.

 

27.5.2 The U.S. supposedly has a rule of law, “we are a nation of men not laws,” no one and no government is above the law.

 

27.5.2.1  “The US Government operates a sprawling, unaccountable Surveillance State that - in violent breach of the core guarantees of the Fourth Amendment - monitors and records virtually everything even the most law-abiding citizens do. Just to get a flavor for how pervasive it is, recall that the Washington Post, in its 2010 three-part "Top Secret America" series, reported: "Every day, collection systems at the National Security Agency intercept and store 1.7 billion e-mails, phone calls and other types of communications.

 

27.5.2.2 The Obama administration spent years of his presidency aggressively seeking to expand that Surveillance State, including by agitating for Congressional action to amend the Patriot Act to include Internet and browsing data among the records obtainable by the FBI without court approval and demanding legislation requiring that all Internet communications contain a government backdoor of surveillance.

 

27.5.3 The Universal Declaration of Human Rights is recognized as the foundation of international human rights law.

 

27.5.4 Although it should and will be legal bind it is not yet has inspired a rich body of legally binding international human rights treaties