Proposal of a "Constitution of Humankind"

At present the nations are not subject to the rule of the law, but to the law of the jungle. Peace among nations hangs in the balance of power. It is time to proclaim the "Universal Declaration of the Rights of Nations". This declaration will provide the basis for an international law that will regulate the relations among nations, increasing their security, allowing a reduction of arsenals, freeing resources for development, and coordinating the world wide fight against international crime.

On the other hand, we must face once and for all the fact that, due to the population bomb and to the irrational use of resources, humankind is surpassing the limits of sustain-ability of planet Earth. It is time to change course and reach a sustainable well being in harmony with nature. The legal foundation to reach this sustainable well being is the "Universal Declaration of the Rights of the Earth".

The three declarations mentioned earlier are the legal basis that will help half of humankind pull itself out of underdevelopment. With this proposal humankind has a lot to gain in exchange for yielding a little.

In order to keep the principles of these declarations alive, I propose broadcasting them by all means yearly on the "Day of the Constitution of Humankind".

To the media that agrees with this initiative I request the reproduction of this article (complete and with no modifications) so as to create the necessary social awareness. This article may be reproduced freely.

I thank all the people that have contributed to this proposal with ideas and/or discussions, in particular Leonardo Corral, Carlos Fabara, Michael Koziol, Peter Ordeshook, Fausto Pasmay, Mark Podvin and Juan Manuel Rodriguez.

So, this is a first draft of what could be the "Constitution of Humankind":

"We, the people and nations, aware that we share a benign and limited planet in an immensely hostile universe, to establish the legal basis to guarantee peace and safety, to promote justice and harmony among all of us, to protect our liberty and dignity, to foster general sustainable well being, and to preserve nature, for the present and future generations, adopt this Constitution Of Humankind.

Part I: Universal declaration of human rights

Part II: Universal declaration of the rights of nations

The nations, to establish the rule of the law among each other, to guarantee their territorial integrity, their peace and their safety, and therefore to allow the respect of human rights and the reduction of arsenals, declare:

Article 1. Each people has the right to choose its destiny, therefore each nation is obliged to respect the principle of self-determination of the people.

Article 2. Each nation has the right to its sovereignty, therefore each nation is obliged to respect the principle of non-intervention in the internal affairs of other nations.

Article 3. Each nation has the right to its territory, therefore each nation is obliged to respect the territory of other nations.

Article 4. Each nation has the right to peace, therefore each nation is obliged to respect the principle of peaceful solution of controversies. The nations will try to resolve their differences directly. If this avenue fails, the nation may follow the procedure described in Article 9.

Article 5. Each nation has the right to the well being of its people and to live in harmony, therefore each nation is obliged to respect the principle of the good neighbor.

Article 6. Each nation has the right to the water of its rivers, the air and the land, free of pollution.

Article 7. Each nation has the right to the well being of its people, therefore each nation will try to grant permission of passage of people, products and vehicles of other nations through its land, air space and water ways. The oceans beyond twelve nautical miles from shore are declared of free transit.

Article 8. To respect the rights of the present and future generations, each nation is obliged to respect the "Universal Declaration of Human Rights" and the "Universal Declaration of the Rights of the Earth".

Article 9. Each nation has the right to go to the "International Court of Justice" designated by the Organization of the United Nations, or to ask the Organization of the United Nations to form a special "International Court of Justice" for the particular case, to denounce breaches of Articles 1 through 8, and demand sanctions, repair and/or arbitration to resolve differences between nations that where not possible to solve directly.

This court will act as arbiter and solve the case, or will act as judge and may declare "delinquent" the nation that has breached the Universal Declaration of Human Rights, or the Universal Declaration of the Rights of Nations, or the Universal Declaration of the Rights of the Earth. The court may impose sanctions to the delinquent nation and/or its responsible Heads of State. The court may demand, through the Organization of the United Nations, that all nations apply the sanctions to the delinquent nation and/or its responsible Heads of State. These sanctions may include the suspension of international trade; the suspension of water, land and air transport; the freezing of bank accounts of the delinquent nation and of its responsible Heads of State; the suspension of transferals of funds; the seizure of ships and aircraft of the delinquent nation that are in foreign ports; the trial of the Heads of State responsible for the crime; set the amount and determine the application of repairs that the delinquent nation and/or the responsible Heads of State must pay; and, as a last measure, the application of force in a coordinated effort through the Organization of the United Nations. Each nation will respect the sanctions ordered by the International Court of Justice, else this nation may be declared "delinquent" and be subject to sanctions and repairs. Ships, aircraft and land vehicles of any nation that violate the sanctions imposed by the International Court of Justice are themselves subject to seizure and to the payment of fines.

Article 10. Each nation has the right to ask other nations for help, and is obliged to lend help to other nations in the fight against international crime, terrorism and the illegal traffic of drugs, that crosses the boundaries between nations.

By "help" we understand the coordinated work of investigation of international crimes, the capture of alleged criminals, the restitution of stolen property to their legitimate owners, the interchange of information, and the extradition of alleged criminals to the countries where they committed the crimes for their trial. The Organization of the United Nations will establish the "Office for the Coordination of the Fight Against International Crime". The purpose of this office is to coordinate the actions of the national crime-fighting agencies for those crimes that cross international boundaries. This office will maintain a data base of international crime and will share it with the national crime-fighting agencies. This office will resolve cases of multiple requests of extradition. In the case that one nation refuses the help requested by the office, this office may request the International Court of Justice the application of sanctions to this delinquent nation.

Part III: Universal declaration of the rights of the earth

The nations, aware that they share a limited planet, with the purpose of reaching general sustainable well being while preserving nature and the human rights of the present and future generations, declare:

Article 1. To respect the rights of the present and future generations, each nation is obliged to have a sustainable population policy.

This policy includes quantitative verifiable short and long term goals. The means of application of the population policy include education of family planning in schools and universities; the permanent broadcast of a population awareness; the improvement of living conditions and education of the people; and a social security system that guarantees economic independence of the senior citizens and that contributes to the savings necessary for development.

Article 2. To respect the rights of the present and future generations, each nation is obliged to have a policy of sustainable general well being based on equity and efficiency, reducing the impact of humankind on nature.

Each nation shall have a "Commission for Sustainable Well Being" of high academic standard and power, for research, planning, formulation and control of policies, and for verification of long term sustain-ability (one hundred years?). This commission and the Organization of the United Nations, through the "Office for the Coordination of Sustainable Well Being" created for this purpose, will work together, will share plans and information, particularly information on natural resources via satellite, and will inform each other of the achievement of the goals. The policy of sustainable well being includes education; the development of the infrastructure for potable water and sewage treatment; the elimination of subsidies that foster inefficiency; the application of the principle that whoever damages nature must pay the corresponding reparation; give ownership titles to informal house owners; the rational management of garbage, toxic and radioactive waste; the rational use of fertilizers and pesticides; the control of the quality of foods and drugs; the control of the quality of air, water and land; the maintenance of the life in oceans, rivers and lakes; the control of erosion, desertification, and deforestation; the control of emissions; and the rational and efficient use of resources.

Article 3. All species have the right to their natural habitat, therefore each nation is obliged to establish sufficient protected natural areas to preserve the different ecosystems, and is obliged to prohibit the illegal traffic of native species in danger of extinction.

Article 4. Each nation will try to preserve the historic coverage of forests, lakes, rivers and mountains.

Article 5. Considering that to take care of nature it is necessary to learn about nature, and considering that the human species has the right to know his or her ancestral natural habitat, each nation is obliged to establish and protect sufficient areas of pastures, forests, rivers, lakes, mountains, deserts, beaches, trails and/or parks to practice hiking and other outdoor recreational and educational activities."