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Hon’ble Mr Justice S. M. Dastagir Husain,Judge of the Supreme Court of Bangladeshbeing presented with the ConferenceMementoMisunderstanding and misinterpretation of the teachings of religions and faiths have raisedbarriers and swords between men hundreds of times across the earth. But for what ?Toimpose ‘me’on “you’- physically or ideologically. Why ? why can’t I be content withwhat I have and hold respect ? Why can’t we agree to live in amity with ‘friendship to alland malice to none’ and draw up the rules of ‘peaceful co-existence’? And in theprocess, we can help and assist one another to develop ourselves.In drawing up a Code of International Law , the rule of the American Constitution canbe viewed as a model to start with. The Federation has the Federal Laws applicable toall the States leaving the local laws alone to handle the customs and traditions peculiar toevery community of the region. The code of enforceable international Law is supposedto be smoothly workable with a set of principles already in existence and respected by all the nations of the world, and alsomore to be framed on the basis of universal welfare of mankind.If the basis of international Law is mutual consent, which actually is, then every piece of that law should have no obstacle inenforcement where a nation subscribes to that Law. Enforcement of law in cases of all ‘acts against humanity’ for instancemay be assigned to an agency in the model of the FBI of the United States . The mobility of that agency may be free andfacile all through the world to function with active and full cooperation of the local Governments.The curse of nuclear-race for destructive purposes need to be removed from the face of the earth by destroying the existingbombs; for every body knows, these weapons mean the total extinction of life on this planet. Why then keep a killer thatguarantees your own destruction as well.Articles 41-42 of the UN Charter provides for rules of enforcement of UN decisions against a stubborn state, but there isno provision to deal with a dead-locked Security Council or a high -handed super power. That law needs to be madeeither by amending or by substituting the relevant Articles or portions of the UN Charter.As regards protecting the children’s rights, piece- meal Municipal legislations of the member- States of the UN havelargely proved in-effective due to a number of reasons, especially in the third world countries. Therefore, children of allnations, though not at par in living standard, must be considered at par in status as future citizens of the world in which wedo not wish to see racialism, discrimination, complex of superiority or of inferiority, hatred, jealousy or even foster - homesand orphanages. Laws are required to give the children the sense of dignity, self respect and self -confidence regardless oftheir nationality, colour or Faith. In a world freed from the threat of war, terrorism, gun-running, shooting and vandalism,the mental and physical faculties of the children have to be ensured to flourish under Laws of international cooperation.The sponsors of this conference have suggested the formation of ‘ Global Law making Body’ as a dream to realize. I wouldcall it a yearning of the time, nay, it is a demand of the time. Conference and seminars are generally known as simple paperworksand deliberations or at best messages delivered for some others to take note. But with to-days world sitting onheaps of nuclear bombs and under a thick cloud of ‘ green- house’ , and free play of crimes against humanity there is noscope for luxuries . A resolution to form a ‘Global Law -making Body’ may perhaps be taken. And in that effort, let uswork in close association with the UNO to supply the Organisation the required strength to be useful. Dr. Kafi Annan hasalready spelled it out - ‘ But we at the United Nations can do nothing alone, either. Our strength is the strength of ourmember states, when they agree to act together for the common good.’Peace is not merely a distant goal that we seek, but a means bywhich we arrive at that goal.—Martin Luther King, Jr.--58--
5th International Conference of Chief Justices of the WorldAddress byHon’ble Dr Justice Jose Maria Calvario AntunesInternational Judge, Court of Appeal of East TimorI will try to give you a sole perspective and a point of view of a very delicate andsensitive issue, which is the problem of the Separated Children, the Child soldiers andthe Legal Framework to prevent such abuses.The Separated ChildrenI started with the example of East Timor as I am currently a Judge of the Court ofAppeal, the highest court instance in that country.After the violence that erupted in East Timor in 1999, 4500 children had become separatedfrom their parents, either by coincidence (the general chaos that reigned in East Timor),through criminal acts (abductions by military forces) or even deliberate and well-meaningaction by parents who gave their children into the care of educational institutions orrelatives who lived outside the conflict zone for greater safety.Once the background of the separation and the situation of the child, parents and caretaker had been assessed, UNHCR(in cooperation with Red Cross Societies or reliable NGOs) would re-establish communication or even arrange visitsbetween all persons concerned and assist the families in finding a solution in the best interest of the child. The participantslearned of the many pitfalls in this process, such as the inaccessibility of children sent to distant islands of the Indonesianarchipelago, presented logistical challenges. But we wish that the sent away children could return to their country, to theirhomes and to their families where they can be reintegrated successfully. This was a heavy work that has been done in EastTimor and besides the fact that the situation has not been completely solved, it is however on the good way to a good end.Although, this almost happy ending is not always like that!The definition of “separate children” has been accepted in the international community as “...children under 18 years ofage who are outside their country of origin and separated from both parents or previous/legal customary primarycaregiver.”.This definition is based on the Convention on the Rights of the Child which was ratified by almost all the countries, wherethe 18 years of age is recognized as the year of the majority.A vast majority of separated children remain within their regions of origin, but a small and increasing number – currentlyestimated around 20,000 each year, most of them older boys - seek refuge in different countries around the world. Thepractical problems that separated children face on arrival in a new country are immense. The Director of the UNHCR(UnitedNations Humanitarian Commission of Refugees ) Bureau for Europe has said:“Separated children are still being detained regularly in some countries and deported without necessary safeguards;increasing numbers of separated children disappear either shortly after arrival, during the procedure or after beingfinally rejected and run a high risk of becoming victims of trafficking and othercrimes; guardianship systems are inadequate; in several countries specialisedreception conditions are still lacking…”The legal framework that is used, is largely based on the 1997 Council Resolution onUnaccompanied Minors. Although the resolution provides some protection, it is notlegally binding, nor does it reflect adequately all the principles of the UN Convention onthe Rights of the Child (CRC).Hon’ble Dr Justice J. M. C. Antunes,Internatioanal Judge, Court of Appeal ofEast Timor receiving the ConferenceMementoHon’ble Dr Justice J. M. C. Antunes,International Judge, Court of Appeal ofEast Timor addressing the ConferenceIn relation to separated children, a number of International legislative proposals havelowered standards. For example, Article 4.1 of the “Family Reunification Directive”allows Member States to derogate from the principle that ‘child’ should be defined up to--59--
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