Decision For Habeas Corpus.
Decision For Habeas Corpus.
Decision For Habeas Corpus.
HA DATU TAWAHIG
(Roderick D. Sumatra)
Petitioner- Appellant,
Case No. ITC –00119
DECISION
This resolves an appeal to the Decision dated 28 May 2019 of the Regional Trial
Court Branch 7 of Cebu City for the Petition for Writ of Habeas Corpus filed by
the Appellant on April 11, 2019 in a Special Proceeding No. R-CEB-19-03345-SP
praying that a writ of Habeas Corpus be issued and that he be restored of his
liberty and forthwith discharged from confinement.
On November 14, 2006, the complainant filed five counts of rape2 to the City
Prosecutor of Cebu City. The Honorable Cebu City Prosecutor I Lineth Lapinid
was informed that the case had already been filed in the Dadantulan (Tribal
Court).
_______________________
1 Hand written complaint dated 5 September 2006 filed by Alimaong-Solad Sal-ing (Lorriane Fe Igot) for one count of rape.
2 Computerized complaint dated 14 November 2006 filed by Alimaong-Solad Sal-ing (Lorriane Fe Igot) for five counts of
rape
3 Resolution signed by different Tribal Leaders of Visayas and Mindanao acquitting the accused
1
―In light of all the forgoing, premises considered, that the Dadantulan Tribunal
concludes the innocence of respondent Supremo Ha Datu Tawahig (Engr.
Roderick Dyguaso Sumatra) that he is NOT GUILTY of the charge. He should [be]
spare[d] from criminal, civil and administrative liability.
Wherefore, the Dadantulan Tribunal RESOLVED for the dismissal of the case for
devoid of merit and bereft of probable cause‖
On August 29, 2013 Judge Estela Alma A. Singco denied the Motion to Quash
and issued an Order5 that R.A 8371 is for settlement of dispute that involves
ancestral domain only.
A Petition for Mandamus dated 19 October 2015 was filed by the Petitioner-
Appellant in the Honorable Supreme Court of the Philippines questioning the
jurisdiction of the RTC-12, and no final resolution was received by the Petitioner
after more than three years. In an Order dated November 22, 2018 the RTC-12
Presiding Judge Estela Alma Singco voluntarily inhibited from further hearing the
case CBU 81130 which caused the accused-appellant to file a Petition for writ of
Habeas Corpus on April 11, 2019.
The Petition for Writ of Habeas Corpus and the Motion for Reconsideration were
denied by the RTC-7 Cebu City Presiding Judge James Stewart Ramon E.
Himalaloan in a Court Order dated 23 April 2019 and 28 May 2019 respectively,
―xxx until to date the Honorable Supreme Court has not yet resolved the
issue on whether Branch 12 has no jurisdiction over the rape case; thus, it
is but proper for this Branch, on the precept of judicial courtesy, to dismiss the
instant petition in order not to render moot and moribound whatever be the
ruling of the Supreme Court. This inferior court must bow down to the majesty
of whatever ruling of the High Court. Anyway, if the Supreme Court will rule in
favor of the petitioner/accused, it will order the release of the accused from
custody of law since there is no more legal basis for his detention.
WHEREFORE, in view of the foregoing, the court DENIES the Motion for
Reconsideration for want of cogent reason to overturn the dismissal of the herein
petition. ‖
2
The Court Order dated June 6, 2019 of RTC-Branch 7 Cebu City denied the
Notice of Appeal of the Petitioner-Appellant for being unprocedural.
This Court was furnished with the denial Order June 6, 2019 of Branch 7 Cebu
City. This Court released an Order dated June 14, 2019 giving consideration of
the Petitioner-Appellant‘s Notice of Appeal as this Court follows the Tribal Court
Rules in harmony with the application of the NCIP promulgated Administrative
Circular No. 1-03, entitled ―Rules and Pleadings and Procedure before the
National Commission on Indigenous Peoples‖ and is not compelled to follow the
Civil Rules of Court.
The Decision of Supreme Court Third Division becomes moot and academic when
it‘s time to resolve this case had already lapsed, as the constitutional right of a
detainee to a speedy disposition of his case had been deprived.
This court took cognizance of the appeal because the Supreme Court being
mandated to resolve cases within twenty-four months from date of submission
per Article VIII Section 15(1) 1987 Constitution has been ousted of jurisdiction in
effect of failure to comply the mandate of the constitution,
―All cases or matters filed after the effectivity of this Constitution must
be decided or resolved within twenty-four months from date of submission
for the Supreme Court, and, unless reduced by the Supreme Court, twelve
months for all lower collegiate courts, and three months for all other lower
courts.‖
[Emphasis supplied]
_______________________
6 Duarte v. Dade, 32 Phil. 36; Quintos v. Director of Prison, 55 Phil. 304; Cruz v. Martin, 75 Phil. 11,
cited by Moran
3
3. Should be liable for acts connected with the introduction into these
islands of the obligations and securities mentioned in the presiding
number;
4. While being public officers or employees, should commit an offense in
the exercise of their functions; or
5. Should commit any of the crimes against national security and the law
of nations, defined in Title One of Book Two of this Code. ‖
The Republic Act No. 8371 ―The Indigenous Peoples Rights Act (IPRA)7 of 1997‖
is a special law and a law of preferential application as manifested in section 65
in relation to section 13 and section 15.
Consequently, the Revised Penal Code cannot be applied to the members of the
Indigenous Cultural Communities/ Indigenous Peoples (ICCs/IPs).
Under International Covenant on Civil and Political Rights (ICCPR), Article 14,
para 7,
―No one shall be liable to be tried or punished again for an offence for which
he has already been finally convicted or acquitted in accordance with the law
xxx.‖
The Petitioner-Appellant who is also the accused of the case CBU 81130 had
already been acquitted of the same case by the Dadantulan (Tribal Court) in a
Resolution dated January 3, 2007.
_______________________
7 Section 65. “Primacy of Customary Laws and Practices. ―When disputes involve ICCs/IPs,
customary laws and practices shall be used to resolve the dispute.‖
Section 13 Self-Governance-―The State recognizes the inherent right of ICCs/IPs to self-governance and
guarantee the right of ICCs/IPs to freely pursue their economic, social and cultural development.‖
Section 15 Justice System, Conflict Resolution Institutions, and Peace Building Processes-
―The ICCs/IPs shall have the right to use their own commonly accepted justice systems, conflict resolution
institutions, peace building processes or mechanisms and other customary laws and practices within their
respective communities and as may be compatible with the national legal system and with internationally
recognized human rights.‖
8 Indigenous peoples are inheritors and practitioners of unique cultures and ways of relating to people and the
environment. They have retained social, cultural, economic and political characteristics that are distinct from those of
the dominant societies in which they live. <https://www.un.org/development/desa/indigenouspeoples/about-us.html>
4
The United Nations empowers the Indigenous Cultural
Communities/Indigenous Peoples through the United Nations Declaration on the
Rights of Indigenous Peoples (UNDRIP) of 2007. The legality of the Tribal Court
is as follows:
Article 5, UNDRIP
Indigenous peoples have the right to maintain and strengthen their distinct political,
legal, economic, social and cultural institutions, while retaining their right to
participate fully, if they so choose, in the political, economic, social and cultural life of the
State.(Emphasis supplied)
Indigenous peoples have the right to promote, develop and maintain their
institutional structures and their distinctive customs, spirituality, traditions,
procedures, practices and, in the cases where they exist, juridical systems or
customs, in accordance with international human rights standards. (Emphasis
supplied)
―The ICCs/IPs shall have the right to use their own commonly accepted justice
systems, conflict resolution institutions, peace building processes or
mechanisms and other customary laws and practices within their respective
communities andas may be compatible with the national legal system and with
internationally recognized human rights.‖ (Emphasis supplied)
5
R.A. 8371, Section 65. “Primacy of Customary Laws and
Practices.
―When disputes involve ICCs/IPs, customary laws and practices shall be used
to resolve the dispute.‖ (Emphasis supplied)
b) In applying the provisions of the Act in relation to other national laws, the
integrity of the ancestral domains, culture, values, practices, institutions,
customary laws and traditions of the ICCs/IPs shall be considered and given due
regard. (Emphasis supplied)
xxx
That under Section 1, Rule IV, 2014 Revised Rules of Procedure before
the NCIP, provides,
and
6
Part II, section 27, Rule X, 2014 Revised Rules of Procedure before
the NCIP, provides,
Meaning, the Decision from NCIP Commission en banc may be appealed to the
Court of Appeals which excludes the Regional Trial Court from hearing cases
involving indigenous people due to lack of jurisdiction.
In Criminal case No. 1527 for Direct Assault9 the Honorable Judge Vicente C.
Mondragon of Magpet Cotabato resolves,
―PRESENTED to the Court is the record of the present case for Direct Assault where both
the complainant and the accused belong to the same cultural tribe community no less
than the Manobo.
Section 15 of Republic Act no. 8371, otherwise known as THE INDIGENOUS PEOPLES
RIGHTS ACT OF 1997 provides:
―The ICCs/IPs shall have the right to use their own commonly
accepted justice systems, conflict resolution institutions, peace building
processes or mechanisms and other customary laws and practices
within their respective communities and as may be compatible with
the national legal system and with internationally recognized human
rights.‖
Premised on the foregoing, the Court hereby forwards the records of the present case to
the Office of the Indigenous Peoples/Cultural Communities at Magpet Cotabato, for
appropriate proceedings.
SO ORDERED.
“As such, the Judge presiding over the court proceedings, upon analyzing articles 46, 58
and 66 of the Constitution of the Republic of Guatemala as a legal basis for the
applicability of indigenous law, concluded that these guarantee the free exercise of the
_______________________
9 Criminal Case No. 1527 for Direct Assault
10 Guatemala Criminal Case: Summary of the Facts of the case, Application of ILO Convention No. 169 By Domestic
7
and International Courts in Latin America
rights enshrined in these articles and imply the right of every citizen to be tried according
to their own legal system within the framework of their cultural identity, distinct from
that which the State has defined as official. This implies respect for the legitimate
application of indigenous law within the constitutional framework of Guatemalan State.
In analyzing these articles, it is clear that the State has the obligation to recognize the
rights and existence of the “peoples” or indigenous communities in its legal structure.
xxx as set forth in the Advisory Opinion of the Constitutionality Court, which states: “This
court is of the opinion that having analysed Convention 169 it does not contradict what
is set forth in the Constitution and it is a complementary international legal instrument
that develops the provisions upheld in articles 66, 67, 68, 69 of the aforementioned,
which does not preclude but rather, to the contrary, serves to strengthen the system of
values proclaimed in the text of the Constitution”
“An analysis of the minutes dated 25 June 2003, signed by the authorities of the Chiyax
Community department of this municipality, reaches the same conclusion in the
punishment set forth therein, which does not contravene the provisions of International
Law on Human Rights nor the Constitution of the Republic of Guatemala, thereby
making its approval and legal recognition relevant. Based on those points and the
considerations of fact and law set forth above, which when considered together with the
Criminal Law principles of non-intervention or minimal intervention that basically state it
may be applied as a last resort only when all other legal proceedings have failed (which
is not the case because here there was a legal and effective application of Indigenous
Law in the resolution of the conflict) and when taken together with theprinciple of non
bis in idem, providing that a person cannot be tried twice for the same crime, it must
be considered that if one were to apply here an additional formal punishment or one
pursuant to the Criminal Code provisions, it would be contrary to the aforementioned
guiding principle. Since it is impossible to issue a final judgment, be it a conviction or
an acquittal in the case, the conclusion, given this impossibility to bring the matter to
trial, which is in itself objective grounds for a stay of proceedings of the criminal
action, is to declare in the present case that the prosecuting body has a lack of
capacity to bring the criminal and public action due to lack of exclusive jurisdiction in
the action, since it was entirely managed by the authorities of the Chiyax community
and in application of their indigenous law(…)” [emphasis supplied]
Article 9,
―To the extent compatible with the national legal system and
internationally practiced human rights, the methods customarily practiced
by the peoples concerned for dealing with offences committed by their
members shall be respected. xxx ‖
Article 10,
8
In 1996, two parties belonging to the Tinggulan Tribe and who were also
close relatives had a disagreement while drinking. The argument resulted in
one party being stabbed to death by the other.
The case was filed in Court by the police, but because of the desire of the
Elders by reason of kinship, the Court brought back the case to the elders for
settlement.
Republic Act No. 8371 also known as Indigenous Peoples Rights Act of 1997
(IPRA) was adopted from the United Nations to give life the rights and the
institutions of the Indigenous Peoples that had long been dead and buried
through colonization.
Tribal Justice Institution or the Tribal Court is not a new institution per se
because it has been in existence since time immemorial long before the
colonization of Spain to Maisia (now Philippines).
In Isagani Cruz et al vs. Secretary of DENR et al, Vol. 347 SCRA (Supreme
Court Reports Annotated) page 180, states,
―The unit of government was the ―barangay‖ a term that derived its
meaning from the Malay word ―balangay‖ meaning, a boat, which
transported them to The barangay was basically a family-
based community and consisted of thirty to one hundred families. Each
barangay was different and ruled by chieftain called a ―dato‖. ―It was the
chieftain‘s duty to rule and govern his subjects and promote their welfare and
interests.A chieftain had wide powers for he exercised all the
functions of the government. He was the executive, legislator and
judge and was the supreme commander in
Laws were either customary or written. Customary laws were handed down
orally from generation to generation and constituted the bulk of laws of the
barangay. They were preserved in songs and chants and in the memory of the
chieftain the that those were laws written The
and his elders promulgated from time to time as the necessity arose.
_______________________
11 Atty. Roque Agton, Jr, NCIP-sDispute Settlement through Philippine Customary Law: A compilation
12 Teodoro A. Agoncillo, History of the Filipino People, 40
13 Id. at 40-41
14 Rafael Iriarte, History of the Judicial System, the Philippines Indigenous Era Prior to 1565, unpublished work
submitted as entry to the Centennial Essay-Writing Contest sponsored by the National Centennial Commission and
the Supreme Court in 1997, p. 103 citing Perfecto V. Fernandez, Custom Laws in Pre-Conquest Philippines, UP Law
Center p. 10 [1976]
15 Agoncillo, supra, at 41
9
The oldest known written body of laws was the Maragtas Code by Datu
Sumakwel at about 1250 A.D. Other old codes are the Muslim Code of Luwaran
and the Principal Code of Sulu.
with various subjects, such as inheritance, divorce, usury, loans, partnership,
crime and punishment, property rights, family relations and adoption.‖ When
ever disputes arose, these were decided peacefully through a court ccomposed
by the Chieftain as ―judge‖ and the barangay elders as ―Jury‖. Conflicts
arising between subjects of different barangays were resolved by arbitration in
which a
(Emphasis supplied)
Supreme Court Circular No. 14-93 dated July 15, 1993 which states,
―xxx where the dispute involves members of the same indigenous cultural
community, which shall be settled in accordance with the customs and traditions
of that particular cultural community xxx
In the same Supreme Court Circular No. 14-93, the term ―dispute”
includes criminal cases, to quote,
―Part I,
Xxx
_______________________
16 Amelia Alonzo, The History of the Judicial System in the Philippines Indigenous Era Prior to 1565,
unpublished work submitted as entry to the Centennial Essay-Writing Contest sponsored by the National
Centennial Commission and the Supreme Court in 1997.
17 Agoncillo, supra, at 42
10
II
Customary Laws are God-given laws. They are written and unwritten laws of the
Indigenous Peoples. The written customary laws are mainly based on the Five
Books (Pentateuch) of Moses: Genesis, Exodus, Leviticus, Numbers,
Deuteronomy and the Code of Hammurabi, Code of Calanciao, Code of Maragtas,
Muslim Code of Luwaran and the Principal Code of Sulu. The unwritten
customary laws are kept by the Elders and passed from generations to
generations.
The bible decrees that ―if a man happens to meet a virgin girl who is
not engaged/betrothed and he seizes her and lies down with her and they
are discovered, the man who lay down with her must give the girl‘s father 50
silver shekels (50 silver shekels is equivalent to one (1) mina or about 100 days wage-
currency in Hebrew scriptures. For present generation the Bride Price in Philippine
Currency (Php) will be based on the status of the woman/girl whether a commoner
(Magdul); worker (Sabandal). For Royal families, severe penalty is imposed aside
from the Bride Price of not lower than millions of pesos) and she will become his
wife, because he humiliated her, he will not be allowed to divorce her as long as
he lives.18
Except for promiscuous women, adulterous wife, and non virgins other decisions
of the Dadantulan Tribunal will be based on the Luwaran, The Maguindanao
Code of Laws- Adultery and Seduction Article 40-45, Code of Sulu, Code of
Calanciao.
Tribal Laws also protected women, children, and families, providing for them. It
commanded parents to give their children constant attention and instruction in
spiritual things.19 It forbade all forms of incest, under penalty of death.20It
likewise forbade adultery, which so often breaks up families and destroys their
security and dignity. Tribal law provided for widows and orphans and in the
strongest possible terms forbade the mistreatment of them. 21
III
United Nations through its annual general assembly calls for every country to the
establishment of Laws for the Indigenous Peoples. Until today, this is a
continuing effort of the United Nations which involves reporting and monitoring
on issues regarding indigenous peoples.
In year 1997, the Philippines responded this call through signing into law the
Republic Act No. 8371 ―The Indigenous Peoples Rights Act of 1997‖(IPRA).
This was further strengthened by the United Nations Declaration on the Rights of
Indigenous Peoples of 2007 (UNDRIP).
_______________________
18 Deuteronomy 22:28-29
19 Deuteronomy 6:6,7
20 Hammurabi‘s Law Code #157
21 Exodus 20:14; 22:22-24 / <Code of Luwaran of Maguindanao & Code of Sulu>
11
In the United States of America, the Tribal Law and Order Act of 2010 is a law,
signed into effect by President Obama, that expands the punitive abilities of
tribal courts across the nation.22The law allows tribal courts operating in Indian
country to increase jail sentences handed down in criminal cases. This was after
adopting the strong call of the United Nations Declarations on the Rights of
Indigenous Peoples (UNDRIP) of 2007 Article 5, Article 34, and Article 37.
In Philippines R.A. 8371 has been in existence for 22 years and in spite of the
United Nations Declaration on the Rights of Indigenous Peoples(UNDRIP),
International Covenant on Economic Social and Cultural Rights (ICESCR) of 1966,
International Covenant on Civil and Political Rights (ICCPR) 1966, International
Labour Organization (ILO) Convention No. 169 of 1989 the true intent of these
laws and treaties are not given to life.
―14. Within the limits of the appropriate exercise of their functions of judicial review,
courts should take account of Covenant rights where this is necessary to ensure that the
State‘s conduct is consistent with its obligations under the covenant. Neglect by the
courts of this responsibility is incompatible with the principle of the rule of law, which
must always be taken to include respect for international human rights obligations.‖
―15. It is generally accepted that domestic law should be interpreted as far as possible in
a way which conforms to a State‘s international legal obligations.Thus, when a domestic
decision maker is faced with a choice between an interpretation of domestic law that
would place the State in breach of the Covenant, and one that would enable the State to
comply with the Convenant, international law requires the choice of the latter.
―that the Philippine judiciary fully respects the legislative intent and spirit of IPRA
and ensure that maximum favour be accorded to indigenous peoples in resolving the
issue of
―In my intervention today I would like to briefly refer to three issues reflected in UNDRIP
which have been the object of the work of EMRIP (Expert Mechanism on the Rights of
Indigenous Peoples) and myself during this past year: the questions of recognition,
remedy and reconciliation; indigenous justice systems; and the right of
indigenous peoples to self-determination. As all human rights, these issues are
_______________________
22 Peters, Gerhard; Woolley, John T.
12
intimately connected. Thus, access to justice is a key element for reparation,
while the realization of indigenous peoples’ right to self-determination
depends on adequate recognition of indigenous peoples as subject of collective
and individual rights, which in turn is the only way to achieve redress and full
reconciliation.
Indigenous peoples around the world have suffered in the past gross and
systematic violations of their human rights, and those violations have ongoing
consequences in the present day that continue to affect their survival and well-being.
Throughout the Declaration there are calls for “effective mechanisms” for redress in
connection with a range of rights. Indeed, the Declaration in its entirety can be
understood as fundamentally a “remedial” instrument that aims at repairing the
effects of the historical denial of the right to self-determination and other
basic human rights affirmed in international instruments of general
applicability.
… To end these violations, it is essential to address their underlying causes, which are
very often connected to the historic dispossession and discrimination suffered by
indigenous peoples.
The Declaration contains clear and relevant provisions on those two aspects. Thus,
Articles 5 and 34 assert the right of indigenous peoples to maintain and
strengthen their political, legal, economic, social and cultural institutions and
to promote, develop and maintain their institutional structures, including their
juridical systems or customs in accordance with international human rights
standards. The Declaration furthermore affirms the right of indigenous peoples to
‗access to and prompt decision through just and fair procedures for the resolution of
conflicts and disputes with States or other parties, as well as to effective remedies for all
infringements of their individual and collective rights‘, which should give due
consideration ‗to the customs, traditions, rules and legal systems of the indigenous
peoples concerned and international human rights. My report contains recommendations
on how legal pluralism can strengthen the coordination and harmonisation between
indigenous justice mechanisms and the ordinary justice system.
…I would like to take this opportunity to encourage the Human Rights Committee to give
renewed attention to indigenous justice system and consider, in consultation with
indigenous peoples, reviewing the references in its General Comment 32 (2007) to
“courts based on customary law”, in light of the United Nations Declaration on
the Rights of Indigenous Peoples.
I would like to conclude by stressing that the full implementation of the right of
indigenous peoples to self-determination is at the core of redress and the
foundation for reconciliation. In this sense, my report to the General Assembly
this year comments on some steps ahepad and challenges in the recognition
13
and exercise of indigenous self-determination through autonomy or self-
government arrangements. In my view, the recognition of the right of
indigenous peoples to self-determination has a transformative potential when
implemented at the national level. It implies changes in the general governance of
the States which will have a constructive impact in terms of human rights compliance;
remedy of discrimination, inequality and past and ongoing human rights violations; more
democratic and inclusive societies; and enhanced legitimacy of the State itself. I hope the
recommendations contained in the report can be useful for both indigenous peoples and
Member States to advance the implementation of the Declaration.‖
The Dadantulan (Tribal Tribunal) is one of the institutions that these laws and
treaties always emphasized in the recognition, respect and protection of Self-
government arrangements.
To decide that R.A. 8371 is for the settling of Ancestral Domains only without
considering the international laws and treaties for the Indigenous Cultural
Communities and presented jurisprudence as previously mentioned is a gross
ignorance of the law.
To decide again the case CBU-1130 that had already been decided by a
competent, independent and impartial tribunal established by law-Dadantulan
(Tribal Court) which Decision is final and executory per customary law would
violate the principle of Non bis in idem (double jeopardy) and the Tribal
Customary Law. A violation of Customary law is a violation of a special law25
This is to remind that there has been a DILG (Department of Interior and Local
Government ) Memorandum Circular 2002-89 dated June 06, 2002 entitled
_______________________
25 Administrative Circular No. 1 Series of 2003-Rule XVI Section 90. Nature of Offenses. Offenses or crimes in violation of customary
laws and offenses provided for and defined under R. A. No. 8371 shall be treated as violations of Special Laws.
14
Petitioner-Appellant through the tribal justice institution Dadantulan (Tribal
Court) has all the rights as provided by the Constitution, RA 8371, International
Covenant on Economic Social and Cultural Rights (ICESCR) of 1966, International
Covenant on Civil and Political Rights (ICCPR) of 1966, International Labour
Organization (ILO) Convention No. 169 of 1989 to be released from jail through
a writ of habeas corpus as his detention which starts with a void judgment is
illegal.
Supreme Court Decision for GR 221139 is settled considering the Article 2 of the
Revised Penal Code that exempts Indigenous Peoples in the application of
criminal law of regular court for it was considered in the Tribal Court of proper
jurisdiction.
SO ORDERED.
Given in chambers, this 19thof September 2019, Sitio Atoyay, N. Sering, Socorro,
Surigao del Norte, Philippines.
Datu Dangilan (Rev. Dr. Alfredo E. Edillor, PhD., D.Hum, JD, CPE)
ICDRHRP Intergovernmental Organization Consul General for ICCs/ IPs, ASEAN
Co-Chair, Philippines, Indigenous and Tribal Relations
Judge Arbitrator and Executive Director, ISCAHR IGC*
* ISCAHR IGC-International Special Court of Arbitration and Human Rights Inter-Governmental Court**
**
International Special Court of Arbitration & Human Rights Inter-Governmental Court; established Inter-Governmental Court Statute
of UN ICDRHRP IGO Charter Systems & Licensed-recognized Treaty Inter-Governmental Court with UN-ECOSOC (Consultative
Status 689811), UN Diplomatic Corps, Commonwealth and European Union (QA; Licensed No- EUQA0612704) as an Inter-
Governmental Court & accreditation agency is protected by international law, under UN Economic Social & Cultural Rights (Articles
13.1, 13.2(c), 13.4), with a mandate for promoting the rights of access to and quality of education supporting human rights, under
UN Human Rights Council (HRC) and is licensed to provide legal services including Commercial Arbitrarily Justice, International
Laws, Conflict Resolutions, International Mediation Service and Certification of Legal documents for official and governmental use in
international affairs in any United Nations Member Nations in accordance with Provisions of Arbitration Laws or Institutional rules of
the prescribed body by adapting UNCITRAL Rules on Arbitration, its applications and constitutional within Judiciary.
The ISCAHR Inter-Governmental Court with authority to fulfills a statutory mandate for providing access to Justice, specifically: The
basic human right to ―fair and equal access to justice‖ (UN Remedy for Human Rights, Articles 2(b), 3(c), 11(a), 12), through an
―independent‖ and ―international‖ Court (UN Declaration of Human Rights, Articles 10, 28), as an ―intergovernmental
organization‖ at the supra-governmental ―international level‖ (UN Right to Protect Human Rights, Articles 1, 5), providing
―access to justice‖ through ―accessible formal procedures‖ of ―customary justice‖ (UN Basic Principles of Justice, Articles 4,
5, 7), with ―universal jurisdiction‖ (UN Remedy for Human Rights, Article 5).
Objective and Missions- To serve equally global Justice and Equality for every Human Beings and in accordance with provisions of
arbitration laws of the prescribed body by adapting of the UNCITRAL rules on Arbitration, its application and constitutions within
judiciary.
15