There is no grievance that is a fit object of redress by mob law. Let every American, every lover of liberty, every well wisher to his posterity, swear by the blood of the Revolution, never to violate in the least particular, he laws of the country; and never to tolerate their violation by others. ...More
âThe execution of Judgments of the UAE Court is a part of âIndo-Gulf Reparationâ Movementâ. Millions of Overseas Indians will be the beneficiaries of a 'Mutual Reparation Mechanism', if put into practical effect.
07 November, 2013 New Delhi A new representation to the Government of India sheds light on the active involvement
of the 'petitioner' in the process of getting justice and its far-reaching consequences.
The welfare of 'Overseas Indian Community', as highlighted by the Government of India, are intentionally deceptive, untruthful and purport to demonstrate that there are procedural remedies or tactics'. More Details
Indo-Gulf Reparation Mechanismsâ Timeline
âIndo-Gulf Reparation Mechanismsâ Timeline Highlighting Submissions & Responses. More Details
The second (important) reminder notice
The second (important) reminder notice to the Ministry of External Affairs, New Delhi. More Details
The first (important) reminder notice to the Ministry of External Affairs, Government of India
Recent developments about the responsibility of an Ambassador of a country. They are particularly relevant while considering the serious actions to be pursued at the Ambassadorâs level for securing the interests of the Indian citizens.
I may be permitted to refer to the Vienna Convention on Diplomatic Relations, 1961,
available in United Nations, Treaty Series, Vol. 500, Page 95.
It may be noted that under Article 3, the functions of a Diplomatic Mission include:
(b) Protecting in the receiving State, the interests of the sending State and OF ITS NATIONALS, within the limits permitted by International Lawâ;
(c) Negotiating with the Government of the receiving State;
When the courts of one country in this case (UAE) concurrently declare the conduct of the foreign national (in this case, an Indian Citizen) as blameless, and when that declaration is reiterated by a High Court in India (Delhi High Court), it is, doubtless, an act of bad faith on the part of the foreign nation.
The legal position in such a situation is stated as:
âA State which acts towards foreign nationals in bad faith - violates the minimum standards of international law and acts contrary to the principles of law recognized by civilized nationsâ. [see the observations in 1952 Current Legal Problems, P.314]
The Ambassador of the receiving State can be requested to bestow his personal and immediate attention in the matter, and to ensure the efficient performance of the functions of diplomatic missions according to the Vienna Convention signed at Vienna on 18 April 1961. This is all the more important in view of the observations on the conduct of the matter Italian Ambassador, in the case pending before the Supreme Court of India.
When the justice due to the petitioner has been declared by the Courts in U.A.E., and by the observations of the Delhi High Court, it is the bounden duty of the Indian Ambassador in UAE to take up the matter firmly but in diplomatic style, to espouse the petitioner's cause with that Government. That will be discharging a duty assumed by the Government of India in its order dated 20-11-1997, as extracted in the judgment of the High Court of Delhi...Read full text at: Important reminder notice to the Ministry of External Affairs, Government of India
Representation for ‘Indo-Gulf Reparation Mechanisms’
21 February, 2013
Mr. Salman Khurshid,
Hon’ble Minister for External Affairs,
Ministry of External Affairs,
Government of India
South Block, New Delhi â 110 011.
Sub: Representation for ‘Indo-Gulf Reparation Mechanisms’ - [Strategy Formulation and Implementation of a Mutual Human Rights Law and Reparation Mechanisms Between the Government of India and the GCC (Gulf Cooperation Council) countries, mandating our elected representatives and officials to eliminate discrimination and imbalances of Non-resident Indians (NRIs) working in different countries. This also involves the recognition and protection of the dignity and respect of individuals].
Get the copy: Representation for ‘Indo-Gulf Reparation Mechanisms’
Representation for âIndo-Gulf Reparation Mechanismsâ - Reparation Law
Representation for âIndo-Gulf Reparation Mechanismsâ - Migrant Forum
Report on Active involvement in the process of getting justice and its implicationsâ...Publications
'A PORTFOLIO OF UAE JUDGMENTS FOR SALE'
The total face value of above listed ’portfolio of Judgments‘ worth over $ 1,200 million - The sale price, it is only 35% of the original price! Outright sale of the judgment is not envisioned. Funds are proposed to be raised by distribution of shares...Â Read Text: âA Portfolio of UAE Judgments For Sale'!
Strategy Formulation and Implementation
Strategy Formulation and Implementation of ‘Reparation Mechanisms’ Between India and the GCC countries
25 January, 2013 Overseas Indians’ Legal Cell
Human rights are universal and inalienable. They are the foundation of freedom, justice and peace, and are the basic standards without which people cannot live a life of dignity. Although human rights are theoretically universal and inherent they can be denied through violations in practice. People are often unable to enjoy their human rights because of who they are, and where they live. Discrimination is an abuse which prevents people from enjoying their basic human rights, and thus undermining the very concept of a universal right.
The United Nations is an international organization founded in 1945. All Member States of United Nations (UN) have an obligation to promote and protect Human Rights and fundamental freedoms as stated (in Articles 55 and 56) in the Charter of the United Nations. Since the establishment of United Nations, a wide range of Human Rights instruments have been developed in different regions of the world to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms.
The International law is fairly clear that the governments have a duty of ratifying human rights treaties and mechanisms, focused on the recognition of victimsâ rights and dignity; their protection and promotion is the first responsibility of States, in doing so, commit to meeting certain human rights obligations of the states. Unlike all other regions, the establishment of regional inter-governmental Human Rights mechanisms, to date, a mechanism to enable individuals to seek redress, has not been created between India and its neighbouring countries.
Reparation Mechanisms Between India and Gulf Countries
Date: 28 Dec 2012 Kochi -
"The individualâs Right to Reparation is expressly guaranteed by Global and Regional Human Rights Instruments. Due recognition of victimhood plays a very important role in reparations granted by international human rights law - Permanent Court of International Justiceâ It is in this context that we proposed to submit a representation to the government of India, the Ministry of External Affairs (MEA) and the Ministry of Overseas Indian Affairs (MOIA) to evolve an effective Reparation Mechanism between the Union Government of India and the Gulf Countries in order to help the harm suffered.
The larger part of the Principles and Guidelines, with strong domestic law implications, sets out the status and the rights of victims, and corresponds to the title of the document as it refers to the right of victims to a remedy and reparation. (Resolution adopted by the General Assembly remedies [UN] 11-23). It is a well known fact, that India is not a signatory of the Rome Statute of United Nations, the 'constitutional' principle of the permanent International Criminal Court (ICC or âthe Courtâ) nor any âReparation Mechanismsâ within its own territory as a matter of domestic jurisdiction.
(4) Article 2(3) of the International Covenant on Civil and Political Rights obligates States "to ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy," and "[t]o ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities." International Covenant on Civil and Political Rights, art.2(3), Dec. 16. 1966, S. Exec. Doc. E, Doc.E, 95-2 (1978), 999 U.N.T.S. 171 [International Covenant on Civil and Political Rights - ICCPR].
(6) Legal Framework of Rome Statute
The legal framework of Rome Statute is based on respect for individual rights and freedoms and included mechanisms to ensure impartial justice...The full text
The Universal Declaration of Human Rights...Read More
Whatâs Reparation Law?
The various forms of reparation law and their scope and content, covering both monetary and non-monetary reparations, may be summarized in its five forms consists restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. Reparation shall render justice by removing or redressing the consequences of the wrongful acts and by preventing and deterring violations... Whatâs Reparation Law
Defining the Goals of Reparations
The quest for protecting individuals from mass atrocities is as old as the UN Charter and the Universal Declaration of Human Rights. The larger part of the Principles and Guidelines, with strong domestic law implications, sets out the status and the rights of victims, and corresponds to the title of the document as it refers to the right of victims to a remedy and reparation... Defining the Goals of Reparations
The Concept of Reparations
Reparation for the victims or survivors of torture, which is their right under international and many national laws, is becoming more and more a realistic possibility. As a result, many legal academics and lawyers, sociologists, medical practitioners and psychologists are now discussing the concept of reparation...The Concept of Reparations
A Handbook on Justice for Victims
A Handbook on Justice for Victims based on the use and application of the âDeclaration of Basic Principles of Justice for Victims of Crime and Abuse of Powerâ....More
Prospects:- International human rights treaties and instruments provide that victims of international crimes have the right to seek and obtain effective remedies for the violation of their rights. In honouring the victimsâ right to benefit from remedies and reparation, the international community keeps faith with the plight of victims, survivors and future human generations and reaffirms international law in the field...International Courts and Tribunals
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