UN Charter is an International Instrument and is a Founding Document of the United Nations Organisation. It Contains 19 Chapters and 111 Articles. In this post, I explained the Preamble in a simple manner.
UN CHARTER PREAMBLE
1) UN Charter - Important Facts
- It is a founding document of the United Nations
- Event Name: United Nations Conference on International Organisation
- Signed at: San Francisco
- Signed on: 26 June 1945
- Came into force: 24 October 1945
- It is considered an International Treaty
- It is an International Instrument
- Founding Members: 50+1= 51
- 50 - Initial Members represented at the Conference
- 1 - Poland Later signed the Instrument
- Total Chapters: XIX (19) + Preamble
- Total Articles: 111
- Amendments: 3 times (1963, 1965, 1975)
- Major Outcome: Creation of the United Nations
2) UN Charter - Preamble
1.1) What is a preamble?
UN Charter's Preamble is an introduction to the charter, which postulates the objectives, means, and ends to achieve these objectives and resolves taken by member states to accomplish these objectives.
2.1) Parts of the preamble
We can divide the UN preamble into three parts:
1. Determination taken by member states on objectives and ends
2. Methods to achieve these ends and obligations
3. Resolve by members to make combined efforts to accomplish these aims
1.1.1) Determination taken by member states on objectives and ends.
The Preamble of the Charter starts with "We the People of the United Nations Determined". It means Member states should endeavor to:
i) To Save
ii)To Reaffirm
iii)To Establish Conditions
iv)To Promote
certain objectives of the Charter, which are elaborated below:
i) To Save -
- The Future Generation from the Scourge of War, that causes a lot of loss to the humanity
The recent events of the war between Russia and Ukraine are an example of the destruction to humankind that war can cause. Although the United Nations' powers have a limitation to stopping the war, all members condemned those countries for resorting to violence instead of pursuing peaceful methods to settle the disputes.
ii) To Reaffirm -
- Faith in Fundamental Human Rights
Fundamental Human Rights mean rights that are inherent in a person's peaceful existence. These rights include the Right to Life, the Right to Equality, the Right against Torture, the Right against Discrimination, etc., without these rights, the person's life will become perilous.
- Each Person is worthy and entitled to human dignity
Every person is entitled to human dignity, and no state can remove it, even by enacting a law. Even a prisoner in prison has the right to be treated with respect.
- Men and Women have equal rights
These rights are provided in ICCPR, ICESCR, International Labour Organisation Conventions, and other conventions. eg: Right to Work, Right to Equal Wages, etc.
- Small and Large Nations have equal rights
All Member states in the General Assembly have equal representation, but the Security Council is an anomaly to this principle
iii) To Establish Conditions -
- Member states must create conditions in the International arena where obligations arising from treaties and other sources of International Law can be fulfilled with justice and respect for it.
We can achieve this by Implementing Treaty Obligations without fail. e.g. India's Indus Treaty with Pakistan, where despite tension between the two states, the treaty provisions have complied without fail.
iv) To Promote -
- Social Progress
Social Progress means improving society's ability to meet the basic requirements of its citizens and individuals. This preamble creates a moral obligation for member states to promote social progress.
- Better standards of life in larger freedom
Advancing individuals and society's living conditions and increasing freedom to achieve individual's pursuit of goals without unnecessary restrictions.
1.1.2) Methods to achieve these ends and obligations
The Preamble states that to achieve these ends, it urges the members:
i) To Practice -
- Tolerance
The constant struggle for Power and dominance between the states, historical rivalry, greed to exploit weak states, and decrease in resources to fulfill state obligations are some reasons for increased intolerance among the states. The preamble envisages tolerance among the members for a peaceful world.
- Live together as a good neighbour with one another in peace
By giving respect to International Law, the member states must try to maintain a good relationship with their neighbors and this can be realized by increasing people-to-people interaction, creating awareness, and breaking prejudices among its subjects.
ii) To Unite -
- Member's Strength to Promote International Peace and Security
"Unity is Strength" so, ensuring International peace cannot be attained by a single member state, it requires International cooperation between the member states. This is the reason for failing to end the ongoing war between Russia and Ukraine.
iii) To ensure - Acceptance of
- UN Principles
- Institution of Dispute Resolution Methods
The Member states must only use the armed forces for the common benefit of the World.
e.g. NATO, UN Peacekeeping force, etc. in the war zones in the conflict area
iv) To Employ -
- International Machinery for Promoting
a)Economic
b)Social
b)Social
advantages of all people
Examples of International Machinery: the Committee on the Rights of Child, the Committee against Torture, the International Court of Justice, the Economic and Social Council, etc. These committees or Machinery have functions to overview the implementation of International Law or create reports on Member's Performance or adjudication.
1.1.3) Resolve by members to make combined efforts for these aims
To achieve these aims, the Representatives gathered in San Francisco have agreed to establish an International Organisation Known as the "United Nations" through this Charter.
3) ABBREVIATIONS AND MEANING OF TERMS
i) Founding Document -
- It is a Legal Document or Written Instrument based on which an Organisation is Created
- It regulates the administration of the Organisation
- It states the composition, powers, and functions of the organization
ii) ICCPR - International Covenant on Civil and Political Rights
iii) ICESCR - International Covenant on Economic, Social, and Cultural Rights
iv) NATO - North Atlantic Treaty Organization
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