Case NO. 14 /2016:

AECID (Spanish Agency of International Cooperation for Development and Spanish National Commission of Cooperation with UNESCO)

 

 

HONORABLE JURY OF THE INTERNATIONAL BUDDHIST ETHICS COMMITTEE (IBEC) AND BUDDHIST TRIBUNAL ON HUMAN RIGHTS (BTHR)

P R E S E N T. –

 

In the presence of the President and Spiritual Guide of IBEC-BTHR Buddhist Master Maitreya and the Prosecutor of IBEC-BTHR Master Yan Maitri-Shi, it is addressed the case denounced by the World Association of Buddhism (WBA) against AECID for the following Charges: COMPLICITY WITH DISCRIMINATION and VIOLATION OF IDEALS and PURPOSES OF UNESCO.-

I, Sekkha Dhamma, as Prosecutor of IBEC and BTHR, recognize the hard and organized work that was carried out for the broad compilation of evidence in this case, likewise, I appreciate the contribution of them for the analysis concerning the Party I represent. That said, with all due respect I appear to expound:

Received the list of digital media that were collected, sorted and simultaneously confirmed in their order and context as Evidences by the Prosecutor of IBEC and BTHR Master Yan Maitri-Shi, I give way to the Fourth Stage of the Procedure called “EVALUATION OF EVIDENCES” which is established in the Constitutive Act of IBEC and effect BTHR in order to meet, establish, dictate and determine the Responsibility of the Accused for the commission of the aforementioned Charges. This Accusation was performed by the WORLD ASSOCIATION OF BUDDHISM in the field of Buddhist Ethics, an act that follows below:

 

EVALUATION OF EVIDENCES

FIRST EVALUATION.- Being the core of this procedural part, it is necessary to point out the Means of Proof offered by the Prosecutor of IBEC and BTHR Master Yan Maitri-Shi, and formally present them to the Jury for their knowledge. These Means of Proof are composed of 2 Charges and 9 Evidences that validate the motivating Accusation of the current process. This, denounced from the field of Buddhist Ethics. This evidence comes from audiovisual means in the public domain (digital media), which as listed below:

Evidence 1: COMPLICITY WITH DISCRIMINATION, FALSE INTERCULTURAL DIALOGUE AND FALSE INTERRELIGIOUS DIALOGUE carried out by a UNESCO Association

Ethical Judgment of the International Buddhist Ethics Committee to the UNESCO Association for the Promotion of Intercultural and Interreligious Dialogue in Malaga concerning COMPLICITY WITH DISCRIMINATION, FALSE INTERCULTURAL DIALOGUE and FALSE INTERRELIGIOUS DIALOGUE.

 

Evidence 2: COMPLICITY WITH THE OFFENDING ASSOCIATION

Carmen Pinar Galán – Deputy Secretary-General – Spanish National Commission of Cooperation with the UNESCO: “Dear President of the International Buddhist Ethics Committee: I acknowledge receipt and reply to your mail with notification you sent to us about the UNESCO Center for the Promotion of Interreligious Dialogue in Malaga. First I want to inform you that UNESCO Centers and Clubs are juridically autonomous. By assuming the name of UNESCO, the Centers undertake to accept the general principles governing the activity of the organization and this allows them to use its name to those recognized by the Spanish National Commission, but this relationship does not create any official link between UNESCO and the Centers. Members of the Centers are responsible for the views expressed by them, which are not necessarily those of UNESCO and do not compromise the International Organization.  Likewise, the Centers assume responsibility for all legal consequences arising from the use of the logo of UNESCO. No staff member employed to carry out activities related to the Center can be considered as an agent, representative or official of UNESCO. Neither they are authorized to present themselves as if they were part of UNESCO, nor to make statements on behalf of the Organization, or compromise it or make it incur any obligation. The Prize Dialogue, Coexistence and Peace 2015 that was granted to Mr. Nydahl is not a UNESCO Prize but a Prize awarded by the UNESCO Center for the Promotion of Interreligious Dialogue of Malaga. We have contacted the Center in Malaga to clarify this issue in case it has made any mistake to publicize it. In any case, the Committee that you represent is free to carry out investigations and actions you deem appropriate in this regard. Cordially,” (January 15, 2016)

Master Yan Maitri-Shi PhD: “Messrs, The name of the prize is not the issue. The International Buddhist Ethics Committee has already made the necessary investigations and have found responsible to this organization in Complicity with Discrimination, among other offenses, violating all principles of UNESCO.

All we want to know is what measures will be taken by your organization, that is, if it will remain in complicit silent or if it will take appropriate measures to correct this appalling misbehavior of said association of Malaga, which has awarded a person who constantly violates numerous human rights and fundamental freedoms, as is Mr. Nydahl, who has been investigated on numerous occasions by our committee and has decided to attack us aggressively for said investigations. If you do not think to do anything to deal with this you will be accomplice.” (January 15, 2016)

 

 

Evidence 3: DUTY TO PROMOTE RESPECT TO CULTURAL DIVERSITY, INTERCULTURAL DIALOGUE, FREEDOM OF EXPRESSION Y CREATION, PARTICIPATION IN CULTURAL LIFE

AECID: “The Spanish Agency for International Cooperation for Development (AECID) shall execute the functions and powers granted to the Ministry of Foreign Affairs and Cooperation (MAEC) for the promotion and development of scientific relations, both bilateral and multilateral, as well as cultural relations and the promotion of Spanish culture abroad. (…)On the other hand, the Coordination Department also tracks the presence of Spain in international organizations of cultural and scientific nature. Especially, the positions of Spain and its presence in UNESCO (United Nations Educational, Scientific and Cultural Organization) are coordinated with other units of the MAEC and with all ministerial departments with competence in matters of the organization. (…)Finally, the Direction of Cultural and Scientific Relations contributes to the promotion of cultural diversity of countries where cooperates, and to progress in the conception of culture as a development tool that is born from the idea of human development emerged in the decade of nineties. Under this new concept, quantitative vision of development of the peoples is complemented and enriched from a qualitative vision, in which the defining dimensions of it are expanded, including the cultural factor. (…)The IV Master Plan in force (2013-2016) explicitly states that the Spanish Cooperation, based on the accumulated baggage of its Strategy for Culture and Development and in the labor made by Embassies and Cooperation Units abroad, especially the Cultural Centers, will promote respect for cultural diversity, intercultural dialogue and freedom of expression and creation, as well as the effective participation of all people in cultural life.”  (http://www.aecid.es/ES/Paginas/Sectores%20de%20Cooperacion/Cultura%20y%20Ciencia/02-Cultura-y-ciencia.aspx)

 

Evidence 4: DUTY TO SUPERVISE UNESCO CENTERS AND ASSOCIATIONS

AECID: “Network of UNESCO Associations, Centers and Clubs in Spain. HOW TO CREATE A UNESCO CENTER / CLUB. Associations wishing to become UNESCO Centers / Clubs should contact the Spanish National Commission for Cooperation with UNESCO. National Commissions of states member are the bodies responsible for accreditation of UNESCO centers / clubs, such as 34 C / 86 Resolution by which the Guidelines on the use of the name, acronym, logo and UNESCO Internet domains are adopted. The National Commission ensures the orientation and activities of the UNESCO centers / clubs and is the guarantor of the proper use of the name, logo, acronym and Internet domain of the Organization.  To this end, it will verify that the objectives and activities of UNESCO centers correspond to the purposes and principles of the Organization, by establishing mechanisms for evaluation and monitoring that considers appropriate to determine whether a Center / Club can continue to use the name and logo of the UNESCO.” http://www.aecid.es/ES/Paginas/Sectores%20de%20Cooperacion/Cultura%20y%20Ciencia/Unesco/Red-civil/Asociaciones-red-asociaciones.aspx

 

Evidence 5: DUTY TO DEFEND THE IDEALS AND PURPOSES OF UNESCO

AECID: “The Network of UNESCO Associations, Clubs and Centers consists of a heterogeneous volunteerism who share the commitment with the ideals of UNESCO (…). Currently, the movement includes 3.700 UNESCO associations, centers and clubs in 100 countries around the world. This movement allows tuning the work of UNESCO with the population and through it with the respective public authorities; spreading the ideals of the Organization working on its implementation. (CECU-UNESCO), was incorporated on October 22, 1986 and was founded with the purpose of sharing the ideals of UNESCO and making them known. In its statutes is proposed to serve as the organ that enhances the ties of cooperation and that coordinates the actions of the UNESCO Associations, Clubs and Centers throughout Spain. (…)In these statutes, currently in force, the following objectives are established: Disseminate the original principles and reasons that moved to create the UNESCO, engage peoples of the world in the realization the purposes stated in the constitution of the Organization; Contribute to the development and democratic fulfillment of UNESCO in the Spanish state, through the promotion and creation of clubs; Contribute life expectancy, to promote civic education, the strengthening of democratic principles of dignity and equality, the ideals of liberty and justice, respect for Human Rights, understanding between peoples and the need for disarmament, peace and international security, in accordance with the ideals and objectives of UNESCO; (…) To develop closer ties and coordination of actions of Clubs and associated Federations.” http://www.aecid.es/ES/Paginas/Sectores%20de%20Cooperacion/Cultura%20y%20Ciencia/Unesco/Red-civil/Asociaciones.aspx

 

Evidence 6: RESPONSIBILITY OF SPAIN GOVERNMENT

Charter of National Commissions for UNESCO: “Whereas the purpose of the United Nations Educational, Scientific and Cultural Organization, as assigned to it by its Constitution, is to “contribute to peace and security by promoting collaboration among the nations through education, science and culture in order to further universal respect for justice, for the rule of law and for the human rights and fundamental freedoms which are affirmed for the peoples of the world, without distinct of race, sex, language or religion, by the Charter of the United Nations”, (…) Considering the framework provided by Article VII of the Constitution, which stipulates to this end that “each Member State shall make such arrangements as suit its particular conditions for the purpose of associating its principal bodies interested in educational, scientific and cultural matters with the work of the Organization, preferably by the formation of a National Commission broadly representative of the government and such bodies”; Whereas National Commissions, established under Article VII of the Constitution, are helping in an effective way to make UNESCO’s objectives better known, broaden its range of influence and promote the execution of its programmed, by involving the intellectual and scientific communities of their respective countries in this work, (…) Article I – Purpose and functions 1. The function of National Commissions is to involve in UNESCO’s activities the various ministerial departments, agencies, institutions, organizations and individuals working for the advancement of education, science, culture and information, so that each Member State may: (a) Contribute to the maintenance of peace and security and the common welfare of mankind by participating in the activities of UNESCO which aim to advance the mutual knowledge and understanding of peoples, give fresh impulse to popular education and to the spread of culture, and preserve, increase and diffuse knowledge; (…)For this purpose, National Commissions: (a) Cooperate with their governments and with services, organizations, institutions and individuals concerned with questions within UNESCO’s competence; (…)It is incumbent upon each Member State, under Article VII of the Constitution, to provide its National Commission with the status, structure and resources necessary to enable it effectively to discharge its responsibilities to UNESCO and to the Member State. (…)It is important for close collaboration to be established in each Member State between its permanent delegation to UNESCO and its National Commission.”  http://www.aecid.es/ES/Paginas/Sectores%20de%20Cooperacion/Cultura%20y%20Ciencia/Unesco/La%20Comisi%C3%B3n%20Nacional/Carta-Comisiones-Nacionales.aspx

AECID: “The Spanish Commission for Cooperation with UNESCO is the body responsible for channeling citizen participation on matters of UNESCO and is associated with Governing bodies.” http://www.aecid.es/ES/sectores-de-cooperaci%C3%B3n/cultura-y-ciencia/unesco/comisi%C3%B3n-nacional

Permanent Delegation of Spain to UNESCO: “The Permanent Delegation of Spain to UNESCO has as its mission representing Spain to the organization, (…) with the aim of ensuring compliance with its objectives, implementation and development of the conventions and the execution of programs and activities in all fields of competence of the organization: in education, culture, science and communication. The Delegation depends organically on the Ministry of Foreign Affairs and Cooperation but its work of representation is extended to the whole Spanish Public Administration. At its headquarters, in addition to personnel of the Ministry of Foreign Affairs and Cooperation, they also work officials of the Ministry of Education, Culture and Sport. The mission lends support, along with the Spanish National Commission for Cooperation with UNESCO, to the work of civil society composed of UNESCO chairs, schools, associations, centers and clubs.”   http://www.exteriores.gob.es/RepresentacionesPermanentes/unesco/es/Representacion/Paginas/Representacion.aspx

AECID: “In the Constitution of UNESCO it would be established that each Member State would take dispositions adequate to their particular situation, in order to associate the Organization to major national groups particularly interested in the problems of education, science and culture, constituting a National Commission in which the government and such groups are represented. Most of Member States opted for this form of cooperation. And in the same way, a year after Spain entered UNESCO, it was constituted the Spanish Commission for Cooperation (Royal Decree of February 20, 1953). It was later amended by Royal Decree 2572/1982, of September 24, by Royal Decree 972/1994 of 13 May. Finally, it is the Royal Decree 173/2004, of 30 January, by which nowadays the Spanish National Commission for Cooperation is regulated with UNESCO. Currently the National Commission is attached to the Directorate General of Cultural and Scientific Relations of the Spanish Agency for International Cooperation for Development.”  http://www.aecid.es/ES/Paginas/Sectores%20de%20Cooperacion/Cultura%20y%20Ciencia/Unesco/La%20Comisi%C3%B3n%20Nacional/Estatutos.aspx

AECID: “Spain is a member of the Executive Council, the main governing body of UNESCO from 2007 to 2015. (…) Relations Spain-UNESCO is mainly channeled through the Ministry of Foreign Affairs and Cooperation.”  http://www.aecid.es/ES/Paginas/Sectores%20de%20Cooperacion/Cultura%20y%20Ciencia/Unesco/La%20UNESCO/Gobierno-de-Espana-en-la-UNESCO/04-Gobierno-de-Espana.aspx

 

Evidence 7: VIOLATION ON THE MISSION OF UNESCO

Constitution of the United Nations Educational, Scientific and Cultural Organization (UNESCO): “That since wars begin in the minds of men, it is in the minds of men that the defenses of peace must be constructed; That ignorance of each other’s ways and lives has been a common cause, throughout the history of mankind, of that suspicion and mistrust between the peoples of the world through which their differences have all too often broken into war; That the great and terrible war which has now ended was a war made possible by the denial of the democratic principles of the dignity, equality and mutual respect of men, and by the propagation, in their place, through ignorance and prejudice, of the doctrine of the inequality of men and races; That the wide diffusion of culture, and the education of humanity for justice and liberty and peace are indispensable to the dignity of man and constitute a sacred duty which all the nations must fulfill in a spirit of mutual assistance and concern; That a peace based exclusively upon the political and economic arrangements of governments would not be a peace which could secure the unanimous, lasting and sincere support of the peoples of the world, and that the peace must therefore be founded, if it is not to fail, upon the intellectual and moral solidarity of mankind. For these reasons, the States Parties to this Constitution, believing in full and equal opportunities for education for all, in the unrestricted pursuit of objective truth, and in the free exchange of ideas and knowledge, are agreed and determined to develop and to increase the means of communication between their peoples and to employ these means for the purposes of mutual understanding and a truer and more perfect knowledge of each other’s lives; In consequence whereof they do hereby create the United Nations Educational, Scientific and Cultural Organization for the purpose of advancing, through the educational and scientific and cultural relations of the peoples of the world, the objectives of international peace and of the common welfare of mankind for which the United Nations Organization was established and which its Charter proclaims. Article I Purposes and functions 1. The purpose of the Organization is to contribute to peace and security by promoting collaboration among the nations through education, science and culture in order to further universal respect for justice, for the rule of law and for the human rights and fundamental freedoms which are affirmed for the peoples of the world, without distinction of race, sex, language or religion, by the Charter of the United Nations. 2. To realize this purpose the Organization will:  (…) (b) Give fresh impulse to popular education and to the spread of culture (…) (c) Maintain, increase and diffuse knowledge (…) By assuring the conservation and protection of the world’s inheritance of books, works of art and monuments of history and science, and recommending to the nations concerned the necessary international conventions; (…) Article VII National cooperating bodies 1. Each Member State shall make such arrangements as suit its particular conditions for the purpose of associating its principal bodies interested in educational, scientific and cultural matters with the work of the Organization, preferably by the formation of a National Commission broadly representative of the government and such bodies. (…)This Organization may cooperate with other specialized intergovernmental organizations and agencies whose interests and activities are related to its purposes. (…)4. The United Nations Educational, Scientific and Cultural Organization may make suitable arrangements for consultation and cooperation with non-governmental international organizations concerned with matters within its competence, and may invite them to undertake specific tasks. Such cooperation may also include appropriate participation by representatives of such organizations on advisory committees set up by the General Conference.  (…) Article XIV Interpretation (…)2. Any question or dispute concerning the interpretation of this Constitution shall be referred for determination to the International Court of Justice or to an arbitral tribunal, as the General Conference may determine under its Rules of Procedure.”   http://www.aecid.es/ES/Paginas/Sectores%20de%20Cooperacion/Cultura%20y%20Ciencia/Unesco/La%20UNESCO/Constitucion-UNESCO/04-constitucion-unesco.aspx

 

Evidence 8: VIOLATION OF THE LEGAL INSTRUMENTS ON NATIONAL UNESCO COMMISSIONS

26 C/Resolution 13.2: “2.With a view to promoting co-operation with National Commissions and UNESCO Clubs, Centers and Associations: a) Invites Member States: (…)(ii) to promote the establishment, extension, strengthening and co-ordination of the UNESCO Clubs, Centers and Associations, and to support their World Federation;” http://unesdoc.unesco.org/images/0012/001262/126208s.pdf

29 C/Resolution 60: “Considering the important role played by UNESCO Clubs, Centers and Associations in increasing the dissemination of UNESCO’s ideals in civil society, as well as of its objectives and priority themes, Bearing in mind the need: (a) to strengthen existing relations between the National Commissions and the UNESCO Clubs, Centers and Associations as being instrumental in promoting the ideals of UNESCO in their respective countries, (b) to foster the process of integration with a view to achieving greater co-operation and understanding,,” http://unesdoc.unesco.org/images/0012/001262/126208s.pdf

 

Evidence 9: VIOLATION OF THE GUDELINES RELATIVE TO USING THE NAME, ACRONYM AND LOGO OF UNESCO

Resolution 34 C/86: “I.3 Rights of use. Only the General Conference and the Executive Board, i.e. the governing bodies, the Secretariat and the National Commissions for UNESCO have the right to use the name, acronym, logo and/or Internet domain names of UNESCO without prior authorization, subject to the rules set out by the Directives. I.4 Authorization. Authorizing the use of the name, acronym and/or logo of UNESCO is the prerogative of the General Conference and the Executive Board. In specific cases as set out by the Directives, the governing bodies empower, by delegation, the Director-General and the National Commissions for UNESCO to authorize such use to other bodies. The power to authorize the use of the name, acronym, logo and/or Internet domain names of UNESCO may not be granted to other bodies. Any decision authorizing the use of the name, acronym, logo and/or domain names of UNESCO shall be based on the following criteria: (I) relevance of the proposed association to the Organization’s strategic objectives and

programme; and (ii) compliance with the values, principles and constitutional aims of UNESCO. (…) III.1.2 Protection The governing bodies should ensure that the regulations governing the intergovernmental programmes, programme networks, and bodies under the auspices of UNESCO are in harmony with these Directives. In specific cases, the governing bodies may ask the Director-General to monitor the proper use of the name, acronym and logo of UNESCO, and to initiate proceedings against abusive use where appropriate. (…)IV. Role of the Member States and their National Commissions IV.1 Competent bodies. The National Commissions for UNESCO, except where another body has been designated by the Member States, are the competent body to deal with questions relating to the use at the national level of the name, acronym, logo or Internet domain names of UNESCO in national extensions or sub-extensions (ccTLDs), in accordance with national laws. (…)  IV.3 Authorization In the framework of the intergovernmental programmes, the programme networks or the Clubs, Centers and Associations for UNESCO movement, the National Commissions, in keeping with their role as liaison bodies recognized by the Constitution, or the other bodies designated in conformity with point IV.1 above, have the right to authorize the use of UNESCO’s name, acronym or logo, but only in the form of a linked logo – which shall specify the identity of the programme or movement concerned and must therefore be in compliance with the specific regulations of the given entities, networks or programmes. This concerns, inter alia, the national committees of intergovernmental programmes, biosphere reserves, associated schools or UNESCO Chairs, as well as Clubs, Centers or Associations for UNESCO and their national coordinating bodies. When granting their own patronage to national activities, National Commissions can authorize organizations working in UNESCO’s fields of competence to use UNESCO’s name, acronym and/or logo always in association with the National Commissions’ own name and, if they so desire, their own logo, according to the provisions of point IV.2 above. The same applies to contractual arrangements and promotional activities which they enter into or conduct in their own name, at the national level. National Commissions may establish time limits and/or conduct periodic reviews related to authorizations granted by them. National Commissions have the right to withdraw their authorizations. IV.4 Protection National Commissions, or other bodies designated in conformity with point IV.1 above, are responsible for the consequences arising out of the authorizations granted by them.” http://www.unesco.org/bpi/pdf/directives_logo_c34_86_es.pdf

Handbook for National Commissions for UNESCO: “UNESCO Clubs, Centers and Associations. The National Commission has a particular responsibility with regard to the policies and action pursued by UNESCO Clubs, Centers and Associations. Invested with the task of helping to promote international solidarity, these clubs are generally organized autonomously in a national federation. The National Commission must ensure in particular that these clubs respect the ethical stance of UNESCO, being especially vigilant concerning the use of UNESCO’s acronym and logo.” http://www.aecid.es/Centro-Documentacion/Documentos/Divulgaci%C3%B3n/handbook.pdf

 

 

SECOND EVALUATION.- Of the evidence provided there is no doubt about their authenticity considering their origin, each compiled evidence comes from email conversations as well as internet links forming the evidence. Regarding the proofs offered which support the aforementioned Charges, there is no objection, disqualification or invalidation of the digital content by the Party which I represent, by virtue of which they are digital media coming from reliable sources and also declared and published at that time of formally and openly, which are full, true and accurate proof.

The Procedure established in the Statutes of INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS in its Article 13 highlights the two Bodies to enjoy independence and liberty from state and national regulation and control, besides having the legality and acting as Buddhist People in order to assert their customs, traditions, practices, procedures, judgments and rights, as well as acting in pursue of the development of Spirituality, of Buddhist Ethics, as well as the defense of International Human rights. This procedure has the particularity, uniqueness and distinction of having “Special Jurisdiction of the Tribal Law” and “Universal Jurisdiction of the International Law”, thus having the Nature, Juridical Personality, Legal Powers, infrastructure, Skills and Training needed to be Actor, Administrator and Executor of Justice in this field and exercise, being determined the “Responsibility” of the Accused in Trial having as its purpose the Truth, Reconciliation and Learning.-

THIRD EVALUATION.- Due to what was expounded, published and declared and that is now presented as digital Proof for this Case by the Prosecutor of IBEC and BTHR Master Yan Maitri-Shi, these evidences are determined as LEGITIMATE and VALID by the Party that I represent as Prosecutor of IBEC and BTHR. These proofs support and confirm the Accusation presented by the World Association of Buddhism against AECID for 2 Charges against it.-

In such a situation, it is begun the Fifth Stage of the Procedure called “JUDGMENT”, in which it is given the term of 5 five days to Jury Members in order to decide whether the Accused is “Innocent” or “Responsible” for the Charges against it, concerning the Evidence provided, accepted and evaluated in this writing.-

 

Sekkha Dhamma

Prosecutor of IBEC & BTHR

 

Mexico, April 2016 (two thousand sixteen).-