Alfred Maurice de Zayas
Alfred Maurice de Zayas (born May 31, 1947, Havana, Cuba) is an American lawyer, writer, historian, an expert in the field of human rights and international law, a peace activist, President of PEN International Centre Suisse romand (2006-09 and 2013-17), United Nations Independent Expert on the Promotion of a Democratic and Equitable International Order (also known as Special Rapporteur 2012-2018), appointed by the United Nations Human Rights Council. Professor of International Law.
Quotes
- If you want to make America great again, all you have to do is to revive the legacy of Eleanor Roosevelt.
- Achieving a democratic and equitable international order requires overcoming formidable obstacles, including the wrong priorities by governments and international organizations, bias in favour of civil and political rights over economic, social and cultural rights, the prevailing demophobia in many countries, where governments refuse to listen to their citizens and ban referenda, the curses of positivism, selectivity and double-standards, the tendency to go for short-term solutions instead of addressing root causes , the continued existence of secrecy jurisdictions, the impunity of transnational corporations and other private sector actors, and, of course, institutional inertia.
- While the UN Charter serves as a kind of world Constitution and article 103 is unmistakable in stipulating that the Charter prevails over all other treaties, the political narrative does not always conform to this legality. There is a degree of “fragmentation” in international law, which States invoke self-servingly to apply international law selectively, violating general principles of law — not by accident, but deliberately and calculatingly, just to see whether they can get away with it.
- The weaponization of human rights has transformed the individual and collective entitlement to assistance, protection, respect and solidarity – based on our common human dignity and equality – into a hostile arsenal to target competitors and political adversaries. In the stockpile of weaponized human rights, the technique of “naming and shaming” has become a sort of ubiquitous Kalashnikov.
- Developing a culture of peace requires education for peace. Everyone — not only children — should be educated in compromise, cooperation, empathy, solidarity, compassion, restoration, mediation and reconciliation.6 Negotiation skills must be taught so as to prevent breaches of the peace and other forms of violence as well as to ensure a peaceful continuation of life after conflict. A philosophical paradigm change is necessary to break out of the prevailing culture of violence, the logic of power, practices of economic exploitation, cultural imperialism and impunity. A road map to this culture of peace entails a strategy to identify and remove obstacles, among which are the arms race, unilateralism and the tendency to apply international law à la carte.
- I would call the human right to peace an ultimate or “end right”, in that the state of peace is the result of the promotion and protection of human rights. Indeed, a society where human rights are upheld is a society that is free of the kind of structural violence that leads to armed conflict. Now, as it has been said many times, peace is not the mere absence of war. Peace in a holistic sense, peace in its individual and collective dimension, entails a state of internal and external harmony.
- Blithe spirits bringing a myriad colours to our gardens, magic, ephemeral wings -- butterflies -- with short life-spans of a week to a few months. But why such an unpoetic name for a delicate daughter of nature? The Germans call them Schmetterlinge (even less onomatopoetic), the Russians call them бабочка (not to be confused with Бабушка, which means grandmother), the Greek πεταλουδα (which makes you think of petals), the French call them papillons (which is closer to the Latin papilio). Perhaps the more congenial, smoother descriptions are the Spanish mariposa and the delicate Dutch vlinder.
- Democracy is not an end in itself, but a means to achieve the sacred promises of human dignity, justice and peace
2012
- Self-censorship as a result of intimidation or social pressures, sometimes referred to as “political correctness”, constitutes a serious obstacle to the proper functioning of democracy. It is important to hear the views of all persons, including the “silent majority”, and to give heed to the weaker voices.
- While the outward face of democracy may be a multiparty system and regular elections, some observers contend that there is a substantial difference between the right to vote and the right to choose policies. If the choice of candidates for election does not correspond to the desires of the people, then a pro forma election among candidates who have been put up by political machines does not further the credibility or legitimacy of such democracies. This is not democracy but “partitocracy”. If the only choices are between candidates A and B, whose programmes are often very similar, the electorate does not have a real voice and the election does not satisfy the essence of what democratic government must be. In such cases, the two-party system shows itself to be twice as democratic as the oneparty system. True democracy requires real choices as well as transparent and accountable governance and administration in all sectors of society.
- World peace is threatened not only by weapons of mass destruction but also by conventional weapons which have led to countless violations of human rights, including the rights to life and to physical integrity. A strong treaty can contribute greatly to international and regional peace, security and stability.
- Lip service to disarmament is insufficient; the goal is to find ways to redirect the resources used for the military and reduce the danger of war while liberating funds to finance development and all-inclusive growth.
- As all human rights derive from human dignity, it is important to recognize that human dignity is not a product of positivism but an expression of natural law and human rationality. Although an abstract concept, human dignity has engendered concrete norms of human rights, a practical mode d’emploi strengthened by enforcement mechanisms.
- Bearing in mind that “the market” is not an invention of capitalism but that it has existed for thousands of years in many different societies, social justice logically requires that the profits resulting from the operation of markets and infrastructures created by society be equitably shared within societies and in a larger context within the human family.
- Education is necessary to unlearn privilege, unlearn exclusion, unlearn discrimination, unlearn prejudice, unlearn war.
- When negotiations are at an impasse, when States dig their heels in, it is time to ‘undig’ them in a spirit of compromise. We all need to unlearn the predator in us, unlearn discrimination, unlearn privilege.
2013
- At its 10th December Conference in Geneva the Future of Human Rights Forum endorsed new structures and mechanisms to advance the realization of the Universal Declaration of Human Rights, adopted by the General Assembly 65 years ago. Among important initiatives discussed by a high level panel was the creation of a United Nations Parliamentary Assembly aimed at empowering world citizens and giving them direct participation in the political processes that affect them. Democracy lives from consultation and participation and a United Nations Parliamentary Assembly can meaningfully advance this goal.
- I condemn the lack of proper investigation of the massacres and the impunity of those responsible for them.
- Grave crimes of this nature, and the impunity that has accompanied them, entail violations of numerous international treaty provisions and constitute an assault on the rule of law, an affront to the international community and a threat to the international order.
- The families of the killed and disappeared are entitled to the right to know what happened to their loved ones, and to adequate reparation for the suffering endured.
- Moving the human rights agenda forward requires the promotion of a social and economic environment conducive to respect for human dignity. It is patent that individuals subjected to violence, coercion and war cannot fully exercise their rights. It is thus important to reaffirm the credo of the Charter of the United Nations that peace is a condition for the enjoyment of all human rights. The human right to peace also has important economic, social and cultural components. Following the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights on 5 May 2013, individuals can invoke violations before the Committee on Economic, Social and Cultural Rights. Thus, the right to, inter alia, health, a safe environment, food, water and education has acquired even more resonance in the life of each individual.
- The unfair composition of the Security Council is largely acknowledged. The principal defects are the anachronistic privileges of the five permanent members of the Council and the Council’s insufficient representativeness.
- The abuse of the veto power has become so predictable that frequently resolutions are not even tabled because of the certainty of a veto against their adoption. Necessary discussion is thereby suppressed. Concerted action by the Security Council, the General Assembly and other United Nations agencies is necessary to prevent major human rights violations, stop ongoing breaches and provide remedies to victims.
- The root causes of armed conflict, among them the race for natural resources, economic imbalances, and ethnic and religious tensions must be resolved, respecting the obligation to settle disputes by peaceful means under Article 2 (3) of the Charter. The obligation to negotiate is jus cogens, “negotiation” meaning dialogue and compromise, not the dictates of the stronger over the weaker.
- While in totalitarian regimes, government controls the media and criminalizes journalists, bloggers and human rights defenders who do not echo the State’s propaganda, in numerous democratic countries, the media are largely in private hands — too few hands. Often media are controlled by conglomerates responsive to corporations and advertisers who determine the content of news and other programmes, frequently disseminating disinformation or suppressing crucial information necessary for democratic discourse. Indeed, the media blackout on important issues constitutes a grave obstacle to democracy, since absent sufficient information and without free and pluralistic media, democracy is dysfunctional and the political process, including elections, becomes a mere formality — not an expression of the will of the people.
- Disclosures about the magnitude of covert State surveillance and well-known examples of intimidation of human rights defenders shock the conscience and require public discussion and corrective action in each country and by the international community. In a democratic society, it is crucial for citizens to know whether their Governments are acting constitutionally or are engaged in policies that violate international law and human rights. It is their civic duty to protest against Government secrecy and cover-ups, the chilling effect of disproportionate surveillance, acts of intimidation and harassment, arbitrary arrests and defamation of human rights defenders, including whistleblowers, as unpatriotic or even traitors, when in fact they may be the most effective defenders of the rule of law. These acts of surveillance and intimidation are hallmarks of totalitarianism, not of democratic governance.
- There is no lack of diagnoses of the manifold ills that beset the international order, coherent and even convincing diagnoses by foremost think tanks, universities and outstanding individual researchers all over the world. Obstacles to an improved world order are evident, but remedies do not materialize. Is it because the real power no longer resides in States and Governments but rather in the economy, the intelligence community, the military-industrial and financial-industrial complexes, which are neither democratic nor transparent and operate impervious to reasons other than power or profit? The answers are complex and require further research, which may contribute to future reports on the vast menu of General Assembly resolution 67/175.
- States should practice multilateralism and abandon unilateral actions that adversely affect a democratic and equitable international order, refraining from the threat or use of force. They should apply international law uniformly, abandon overreliance on “positivism” and efforts to circumvent treaty obligations or invent loopholes. As “nature abhors a vacuum” (Spinoza, Ethics), human rights law abhors “legal black holes”
- Some observers compare elections in some countries with sports events, where people are but spectators. Moreover, elections must not be mere interludes for pushing a lever and then retreating to passivity, for democracy demands committed participation in the daily workings of society.
- World peace is continually threatened by the paranoia of power, as internal and international conflicts plague humanity. Confronted by the danger of weapons of mass destruction, humanity must take effective measures towards disarmament. Albert Einstein warned us: “I know not with what weapons World War III will be fought, but World War IV will be fought with sticks and stones.”
- Austerity measures constitute retrogression in human rights, in contravention of articles 2 and 5 of the International Covenant on Economic, Social and Cultural Rights, imposed top-down and never legitimized by popular referendum. Moreover, the “bail-out” of the banking system was undemocratic and inequitable because a “private debt” was rescued through public money, namely, by increasing the public debt, at the expense of social justice. The general feeling of malaise was expressed in the statement that Governments seem to have adopted the elitist view that “banks are too big to fail and bankers too big to jail”, concern being expressed about the dangers of privatization of essential services, including water, and the widespread phenomenon of privatizing profit and socializing cost.
- A neutral observer would have no difficulty in identifying instances of disconnect between government and people, most obviously in authoritarian and totalitarian regimes where civil society’s voices are muzzled and where peaceful protests are prohibited or severely suppressed,24 but also to a lesser degree in democracies, particularly “representative democracies” that do not genuinely represent, business-driven democracies and so-called “lobby-democracies”, where elected officials tend to be more responsive to the lobbies than to the population.
- Reinhold Niebuhr tells us that man’s capacity for justice makes democracy possible, but man’s inclination to injustice makes democracy necessary. Yet, democracy means different things to different people. It is more than the ballot box, more than just majority rule. It means participation in decision-making and the opportunity to choose policy.
- Any reform of the Security Council will require an amendment of the Charter of the United Nations under Article 108. Some observers feel that the veto power as practised since 1945 is the Achilles heel of the United Nations and of the contemporary international order. While a majority of United Nations Member States and observer States would agree to amend article 27 (3) of the Charter, this may be blocked by any of the members possessing the power of veto. Abandoning the veto, therefore, will have to envisage a substantial quid pro quo. Workable trade-offs could be enhanced voting weights for the permanent five in the General Assembly in a reformed and more empowered Assembly.
- The Independent Expert is persuaded that recognition of peace as a human right will promote a democratic and equitable international order and that national and international democratization will reduce conflict, since peoples want peace. It is Governments that stumble into war.
- Attention must be given to the penal consequences of violations of the right to peace, including the punishment by domestic courts or in due time by the International Criminal Court of those who have engaged in aggression and propaganda for war.
- Developing a culture of peace requires education for peace. Everyone — not only children — should be educated in compromise, cooperation, empathy, solidarity, compassion, restoration, mediation and reconciliation.6 Negotiation skills must be taught so as to prevent breaches of the peace and other forms of violence as well as to ensure a peaceful continuation of life after conflict. A philosophical paradigm change is necessary to break out of the prevailing culture of violence, the logic of power, practices of economic exploitation, cultural imperialism and impunity. A road map to this culture of peace entails a strategy to identify and remove obstacles, among which are the arms race, unilateralism and the tendency to apply international law à la carte.
- If you censor yourself, if you cannot articulate your needs, if you cannot articulate your priorities, then whatever you do, putting a little cross in a ballot box, etc, does not represent your view. It is an act of desperation.
- You should not be subjected to the pressures, the intimidation, whether by Government or by the private sector, which would force you into self-censorship.
- One of the problems that we have in the human rights community is that special interests often forget the interests of other victims, and there’s competition among victims expressions that are unnecessary.
- The UN system is not very democratic, everyone knows that the Security Council is not democratic.
- You cannot turn the clock back, you cannot give the island of Manhattan back to the indigenous, but on the other hand, you can ensure that the indigenous can maintain their way of life.
- Specific protection must be granted to human rights defenders and whistleblowers who have in some contexts been accused of being unpatriotic, whereas they perform, in reality, a democratic service to their countries and to the enjoyment of human rights of their compatriots.
- The essence of being an independent expert is not only the expertise, which must be a given and is conscientiously assessed by this Council before appointing rapporteurs, but the capacity to carry out the mandate free of intimidation or interference, free of thinking barriers, or of political correctness. An independent expert would fail the mandate and the Council if he or she were to rehash existing wisdoms and engage in rhetoric that only confirms the status quo.The essence of the independent expert is his independence to think outside systems, beyond prejudices, to give impulses, offer new perspectives -- and to make bold proposals to the Human Rights Council.
- Alfred de Zayas' comments to the remarks made by NGOs and States during the United Nations (UN) Human Rights Council Session Comments by Alfred de Zayas, Independent Expert on the promotion of a democratic and equitable international order, following the Interactive Dialogue on the presentation of his thematic report.
- The war industries in many countries and the enormous trade in weapons of all kinds generate corruption and fuel conflict throughout the world. The existence of an immensely powerful military-industrial complex constitutes a danger to democracy, both internationally and domestically, because it follows its own logic and operates independently of popular participation.
- Alfred de Zayas' comments to the remarks made by NGOs and States during the United Nations (UN) Human Rights Council Session Comments by Alfred de Zayas, Independent Expert on the promotion of a democratic and equitable international order, following the Interactive Dialogue on the presentation of his thematic report.
- Many observers have exposed the democracy deficits of the international and domestic order; identified threats to international peace; warned against the military-industrial and military-financial complexes; and denounced the retrogression in social justice associated with so-called “austerity measures”. The diagnoses of think tanks universities and researchers are fairly clear, their recommendations sensible and implementable, but changing the status quo has proven difficult, primarily because of lack of transparency and accountability in political processes, and because of powerful vested interests. Not without irony it has been noted that often those who are elected do not govern, and those who do govern are not elected.
- Alfred de Zayas' comments to the remarks made by NGOs and States during the United Nations (UN) Human Rights Council Session Comments by Alfred de Zayas, Independent Expert on the promotion of a democratic and equitable international order, following the Interactive Dialogue on the presentation of his thematic report.
- The manipulation of public opinion both by governments and corporate media, and the manufacturing of consent undermine the essence of democracy, which is genuine participation. The harassment, imprisonment and killing of human rights defenders, including journalists, in many countries shocks the conscience. But also certain aspects of the war on terrorism and the abuse of anti-terrorist legislation have significantly eroded human rights and fundamental freedoms. In a democratic society it is crucial for citizens to know whether their governments are acting constitutionally, or are engaged in policies that violate international law and human rights. It is their civic duty to protest against government secrecy and covers-up, against disproportionate surveillance, acts of intimidation and harassment, arbitrary arrests and defamation of human rights defenders, including whistleblowers as unpatriotic or even traitors, when in fact they are necessary defenders of the rule of law.
- Alfred de Zayas' comments to the remarks made by NGOs and States during the United Nations (UN) Human Rights Council Session Comments by Alfred de Zayas, Independent Expert on the promotion of a democratic and equitable international order, following the Interactive Dialogue on the presentation of his thematic report.
- In a democracy, it is the people who are sovereign. Therefore, with regard to the promotion of democracy at the local, country and regional levels, civil society must have a stronger voice in all political processes.
- Alfred-Maurice de Zayas 2013 Report of the Independent Expert on the promotion of a democratic and equitable international order
- Representative democracy frequently manifests a disconnect between parliamentarians and the people, so that parliamentarians have agendas that do not correspond with the wishes of the electorate. This has led in many countries to apathy, cynicism and large-scale absenteeism in elections. What is needed is not only parliaments, but parliamentarians who genuinely represent the wishes of the electorate.
- Alfred-Maurice de Zayas 2013 Report of the Independent Expert on the promotion of a democratic and equitable international order [
- Representative democracy betrays the electorate when laws have no roots in the people but in oligarchies. Studies on the concept and modalities of direct democracy are therefore becoming more topical
- Alfred-Maurice de Zayas 2013 Report of the Independent Expert on the promotion of a democratic and equitable international order
- No country has a perfect report card. While some countries have strong points in specific areas, they may have serious lacunae in other areas. For instance, some countries have made enormous progress on civil and political rights, but lag in the implementation of economic, social and cultural rights.
- Alfred-Maurice de Zayas 2013 Report of the Independent Expert on the promotion of a democratic and equitable international order
- The diagnosis is clear, but changing the status quo has proven difficult, because often those who are elected do not govern, and those who do govern are not elected.
- Alfred-Maurice de Zayas 2013 Report of the Independent Expert on the promotion of a democratic and equitable international order
- Democracy entails a correlation between the public interest as expressed by a majority of the population and the governmental policies that affect them. The term encompasses various manifestations, including direct, participatory and representative democracy, but Governments must be responsive to people and not to special interests such as the military-industrial complex, financial bankers and transnational corporations. Democracy is inclusive and does not privilege an anthropological aristocracy.
- Alfred-Maurice de Zayas 2013 Report of the Independent Expert on the promotion of a democratic and equitable international order
- Although founded on majority rule, a democratic society must recognize and apply individual, minority and group rights. In other words, majority rule must be understood within the context of the rule of law and human dignity… This resolves the tension between populism and human rights, since democracy must not be abused to diminish human rights, e.g. by legitimizing torture or capital punishment, even if public opinion could be invoked or manipulated to demand it. Thus, it is necessary to strengthen the enforcement of national and regional bills of rights to provide a process and atmosphere for democracy to flourish, ensured by an independent judiciary that provides the necessary protection of both majority and minority interests.
- Alfred-Maurice de Zayas 2013 Report of the Independent Expert on the promotion of a democratic and equitable international order
- Democracy is not the end product, but the means to the end, which is the enjoyment of human rights by all.
- Alfred-Maurice de Zayas 2013 Report of the Independent Expert on the promotion of a democratic and equitable international order
- A democratic and equitable international order is inherent in the fundamental human rights that humanity shares. It is achievable, step-by-step, when every country and people act at the local, regional and international levels, aware that such an international order must be based on the United Nations Charter and the human rights treaties, which together make up what we can safely call the Constitution of the modern world.
- Alfred-Maurice de Zayas 2013 Report of the Independent Expert on the promotion of a democratic and equitable international order
- Let us abandon the obsolete division of rights into artificial categories of first, second and third generation rights – with their intrinsic prejudices. Let us consider redefining human rights in functional terms.I am suggesting a functional paradigm of enabling rights (such as the rights to peace, food, health and homeland), inherent rights (such as equality and non-discrimination), procedural rights (such as access to information, freedom of expression and due process) and what I would call outcome rights, that is, the practical realization of human dignity in the form of the right to our identity, to achieve our potential and to be just who we are, free to enjoy our own culture and opinions. The absence of this outcome right to dignity and self-respect is reflected in much of the strife we see in the world today.
- Alfred-Maurice de Zayas 2013 Report of the Independent Expert on the promotion of a democratic and equitable international order 67th session of the General Assembly.
- Crucial remains the conviction that the government should serve the people and that its powers must be circumscribed by a Constitution and the rule of law. Juvenal’s question quis custodiet ipsos custodes (who guards the guardians?) remains a central concern of democracy, since the people must always watch over the constitutional behaviour of the leaders and impeach them if they act in contravention of their duties. Constitutional courts must fulfil this need and civil society should show solidarity with human rights defenders and whistleblowers who, far from being unpatriotic, perform a democratic service to their countries and the world.
- Alfred-Maurice de Zayas 2013 Report of the Independent Expert on the promotion of a democratic and equitable international order
- Those who sell or facilitate weapons to individuals that will commit human rights violations know that they have responsibility for the death and misery caused by those weapons and at some stage may be liable to face the International Criminal Court for complicity in war crimes and crimes against humanity.”
- Codification and mechanisms do not sufficiently ensure the right to peace. What is crucial is to develop a true culture of peace. This requires education for peace. Everyone – not only children – should be educated in compromise, cooperation, empathy, solidarity, compassion, restoration and reconciliation. In short, we must learn respect for others and how to live in harmony, even if we agree to disagree. Negotiation and mediation skills must be taught so as to prevent breaches of the peace and other forms of violence. A philosophical paradigm change is necessary, so that we are not caught in the old mind-set, in the prevailing culture of violence, the logic of war, aggressive attitudes, practices of economic exploitation and cultural imperialism.
- With the growth of the world population, the global climate change and the need for a greater healthy environment, access to water resources has become a crucial condition for the realization of an equitable international order, where the needs of the peoples are effectively addressed. In this regard, the need for international cooperation, including in joint effort with relevant non-state actors, is paramount to ensure water is made available to all without discrimination. Water is a human right, an enabling right, not a mere commodity.
- The mandate entails a generous synthesis of civil, political, economic, social and cultural rights. The title requires the expert to be truly independent, keep an open mind, conduct his/her research objectively and without ideological prejudices, listen to all sides of an argument and seek the opinion of all stakeholders.
- Peace is what today’s world needs most urgently, in Egypt, in Syria, in the Middle East, in Africa. Peace and reconciliation. Peace with rehabilitation of victims. Peace with understanding of causes. Peace with a plan for reconstruction – but not only material reconstruction. Moral reconstruction, value reconstruction, commitment to human dignity, faith in the future – this is essential to achieve peace with justice.
- “Respect for human rights requires transparent and accountable institutions and governance as well as the effective participation of all individuals and civil society, who are an essential part of realizing social and people-centred sustainable development.”
2013 - International Peace Day
- The United Nations is the best hope to spare humanity from the barbarity of war, from the senseless death, destruction and dislocation it brings about.
- It is time to reinvigorate the UN General Assembly so that it can exercise a more decisive role in peace-making and peace-keeping, consistent with the will of the international community.
- It is the responsibility of all of us to remind governments of their commitments to settle disputes by peaceful means and to negotiate in good faith under the UN Charter, and to denounce war agitation particularly by the media.
- Without peace and the rule of law, civil, cultural, economic, political and social rights cannot be enjoyed, when killing, maiming and mutual poisoning prevail.
- If we want world peace, we must break the vicious circle of violence and reprisal, of an eye for an eye, of endless hate.
2014
- Disarmament for Development is a win-win strategy for States and Peoples. It is time to reduce the spiral of military expenditures and to invest in research into the root causes of conflicts and in the development of strategies of conflict-prevention and resolution.
- Disarm and develop – UN expert urges win-win proposition for States and peoples
- The cost in human lives of every armed conflict is staggering, but the economic cost of wars can continue for generations.
- Disarm and develop – UN expert urges win-win proposition for States and peoples.
- Even a cursory review of the situation worldwide reveals that, in many countries, accurate and understandable information on military expenditures is not available. In some countries, military activities are concealed by placing them under different rubrics such as energy, research or homeland security.
- Disarm and develop – UN expert urges win-win proposition for States and peoples
- Participation by the public in decision-making, which requires full information, transparency and accountability, is essential to the democratic order. Parliaments have a special responsibility to oversee the adoption of national budgets and to monitor the actual use of appropriations so as to ferret out corruption.
- Disarm and develop – UN expert urges win-win proposition for States and peoples
- Excessive military expenditures have their own logic and their own dynamic. The profit-driven character of the armaments industry may well undermine the otherwise legitimate aim of protecting the population from outside threats.
- Disarm and develop – UN expert urges win-win proposition for States and peoples
- As Ban Ki-moon has repeatedly said, ‘the world is over-armed and peace is under-funded’. A major shift in priorities is vital for both States and peoples.
- Disarm and develop – UN expert urges win-win proposition for States and peoples
- Since a democratic and equitable international order requires peace, States must engage in good faith negotiations for disarmament and significantly reduce military expenditure and the arms trade.
- UN expert urges States to be more transparent on military expenditure
- Every democracy must involve civil society in the process of establishing budgets, and all sectors of society must be consulted to determine what the real priorities of the population are. Lobbies, including military contractors and other representatives of the military-industrial complex, must not be allowed to hijack these priorities to the detriment of the population’s real needs.
- Global military spending levels constitute an unconscionable use of resources and remain at an all-time high, reaching a total of USD 1.75 trillion in 2012, according to the Stockholm International Peace Research Institute.
- In a world where millions of human beings live in extreme poverty, die of malnutrition and lack medical care, where pandemics continue to kill, it is imperative to pursue good faith disarmament negotiations and to shift budgets away from weapons production, war-mongering, surveillance of private persons and devote available resources to address global challenges including humanitarian relief, environmental protection, climate change mitigation and adaptation, prevention of pandemics, and the development of a green economy.
- I urge Governments to considerably reduce funds allocated to the military, not only as a disarmament issue, but also as a potential contributor to social and environmental protection and call for the holding of referenda on this issue worldwide.
- A ten per cent reduction in military expenditures per year would be reasonable, coupled with a programme of retraining the workforce and redirecting the resources in a manner that creates employment and advances social welfare. I also encourage all States to contribute to the UN’s annual Report on Military Expenditures by submitting complete data on national defence budgets.
- Transnational Corporations must be legally accountable for the negative human rights impacts of their activities.
- This new declaration which emphasizes the necessity of global disarmament is based on the purposes and principles of the United Nations, in particular the prohibition of the threat and use of force, and on the obligation to negotiate disputes in conformity with the UN Charter. It is a strong and positive example for the entire world.
- Its effects will be even broader than the establishment 45 years ago of Latin America and the Caribbean as a nuclear-free zone by the Treaty of Tlatelolco.
- This reduction implies the release of funds for development and a shift of the labour force previously dedicated to military industries toward peaceful activities, protection of human rights, conservation of the environment, the eradication of illiteracy, promotion of education and scientific research together with enhanced efforts to reach the Millennium Development Goals and implement the agenda for the post-2015 period.
- The CELAC Declaration is a positive sign towards the advancement of an international order which can and should be more democratic and equitable, based on the principles of the sovereignty of States and peoples and on international solidarity.
UNPA - World Parliamentary Assembly
- Participation is a hallmark of democratic governance.
- As far as domestic democracy, all here present know that democracy means government of the people by the people. While we agree that consultation and participation are essential to every democracy, this is seldom achieved in practice.
- A World Parliamentary Assembly functioning outside the United Nations, or a United Nations Parliamentary Assembly set up as a subsidiary body of the General Assembly pursuant to article 22 of the UN Charter, could start initially as a consultative body and gradually develop into a legislative assembly.
2015
- We don’t want a dystopian future in which corporations and not democratically elected governments call the shots. We don’t want an international order akin to post-democracy or post-law.
- The bottom line is that these agreements must be revised, modified or terminated.
- Most worrisome are the ISDS arbitrations, which constitute an attempt to escape the jurisdiction of national courts and bypass the obligation of all states to ensure that all legal cases are tried before independent tribunals that are public, transparent, accountable and appealable.
- Article 103 of the UN charter says that if there is a conflict between the provisions of the charter and any other treaty, it is the charter that prevails.
- I am concerned about the secrecy surrounding negotiations for trade treaties, which have excluded key stakeholder groups from the process, including labour unions, environmental protection groups, food-safety movements and health professionals.
- I am especially worried about the impact that investor-state-arbitrations (ISDS) have already had and foreseeably will have on human rights, in particular the provision which allows investors to challenge domestic legislation and administrative decisions if these can potentially reduce their profits.
Report submitted to the UN Human Rights Council
- Downsizing military budgets will enable sustainable development, the eradication of extreme poverty, the tackling of global challenges including pandemics and climate change, educating and socializing youth towards peace, cooperation and international solidarity.
- Budget and fiscal transparency are necessary tools to prevent the hijacking of the international order by the international military-industrial complex.
- The ideal of direct democracy, including the power of legislative initiative of citizens and control of issues through genuine consultation and referenda has been partially achieved only in few countries.
- Representative democracy deserves the predicate “democratic” only if and when parliamentarians genuinely represent their constituents.
- Democracy and self-determination serve the overall goal of enabling human security and human rights.
- Frequently, military expenditures are “secret” or concealed, thus frustrating the right of citizens to know how their taxes are being spent.
- Disarmament is not just an idle promise; it is also a commitment under article 26 of the Charter of the United Nations.
- The existence of zero nuclear weapons may sound utopian, but the effort is required in the name of humanity.
- In the light of continued warmongering by some States, it is apparent that resolutions of the General Assembly, including its resolution 68/28, have not succeeded in reducing tensions.
- It would be preferable to teach that honour and glory can also be won through civil courage and working for social justice.
- A truly democratic country must proactively inform the public so that the public can decide on spending priorities.
- According to a 2014 report, the European Union is spending at least 315 million euros on drone-related projects.
- In totalitarian States citizen have no voice. In democratic countries, however, citizens bear responsibility for the decisions taken by their democratically elected officials. If crimes are committed in their name, it is their responsibility to demand accountability.
- Reduced military budgets will release funds for the promotion and protection of human rights and for addressing global problems such as pandemics, climate change, deforestation and acute water shortages.
- Austerity is necessary in the military – not in the progressive achievement of economic, social and cultural rights.
- States should significantly reduce military spending and develop conversion strategies to reorient resources towards social services, the creation of employment in peaceful industries, and greater support to the post-2015 development agenda.
Report submitted to the UN General Assembly
- Over the past twenty-five years bilateral international treaties and free trade agreements with investor-state-dispute-settlement have adversely impacted the international order and undermined fundamental principles of the UN, State sovereignty, democracy and the rule of law. It prompts moral vertigo in the unbiased observer.
- The issue of corporate criminal responsibility for ecocide and other offences deserves in-depth analysis in a future report
- Globalization cannot be allowed to become the grand global casino where investors rig the system to guarantee that they always win
- To the extent that bilateral investment treaties and free trade agreements lead to violations of human rights, they should be modified or terminated
- A State that fails to ensure the human rights of the population living under its jurisdiction is a failed State
- Among the rights that States must ensure are the rights to life, security of person, participation in the conduct of public affairs, homeland, movement, health, education, employment and social security
- Democracy is not exercised only once in a while, but entails a continuing dialogue between representatives and constituents
- All international investment agreements under negotiation should include a clear provision stipulating that in case of conflict between the human rights obligations of a State and those under other treaties, human rights conventions prevail
- Most States have enshrined in their Constitution and legislation the concept of ordre public
- A government that compromises its competence to defend and protect the interests of the persons living under its jurisdiction betrays its raison d’être and loses its democratic legitimacy
- In its essence, the right of self-determination means that individuals and peoples should be in control of their destinies and should be able to live out their identities, whether within the boundaries of existing States or through independence.
- There are multiple ways of looking at self-determination. One understanding of the right focuses on the legitimacy of choice, so that every people may choose the form of government that it deems appropriate to its culture and traditions. Another perspective focuses on the right of two or more peoples to unify into one single State.
- World peace and security are best served when States observe treaties in good faith.
- There is consensus among States, judges of international tribunals and professors of international law that self-determination is not only a principle but also a right that has achieved the status of jus cogens.
- World peace and security are best served when States observe treaties in good faith.
- Norms cannot be applied à la carte.
- All peoples have the right of self-determination.
- The right of self-determination must be implemented through specific measures.
- The bearers of the right of self-determination possess justiciable rights, not mere promises.
- Self-determination is now recognized as a principle of legitimacy underlying modern international law.
- A violation of the right of self-determination gives rise to a legitimate human rights claim by individuals and groups and triggers State responsibility to make reparation.
- Self-determination is an expression of the individual and collective right to democracy.
- Decolonization was not only just and consistent with the Charter; it was necessary to end violence.
- Neither the right of self-determination nor the principle of territorial integrity is absolute.
2016
“Much more than periodic voting” – UN Independent Expert calls for more direct democracy worldwide
- Democracy must be lived and practiced every day. It entails much more than periodic voting, which in many cases is only pro forma, in the absence of public influence on the choice of candidates and scarce possibility of policy change.
- Democracy means a genuine correlation between the will of the people and legislation and policies that affect them, be it domestic or international.
- Direct, participatory and responsive democracy has been shown to be conducive to achieving a more just world order. Only such an approach will allow progressing from predator societies to human rights oriented societies.
- Direct democracy is undoubtedly one of the most efficient, reliable and transparent methods to determine the will of the people.
Mainstream human rights into trade agreements and WTO practice – UN expert urges in new report
- Investors and transnational enterprises have invented new rules to suit their needs, rules that impinge on the regulatory space of States and disenfranchise the public.
- It is high time to mainstream human rights into all trade agreements and World Trade Organization (WTO) rules and regulations, so that trade representatives and dispute-settlers know that trade is neither a “stand alone” regime not an end in itself.
- A just, peaceful, equitable and democratic world order must not be undermined by the activities of investors, speculators and transnational enterprises avid for immediate profit at the expense of social and economic progress.
- The path to a democratic and equitable order is through the expansion of public courts, not the creation of private courts with questionable transparency, accountability or independence.
Report submitted to the UN Human Rights Council
- The role of parliaments is crucial in ensuring human rights protection while promoting trade.
- There is no need to adopt more “free trade agreements”, which are asymmetrical agreements providing privileges to investors but no enforceable obligations.
- The regulatory chill caused by the mere existence of investor-State dispute settlements has effectively dissuaded many States from adopting much-needed health and environmental protection measures.
- Never must the courts become instruments of injustice. Never should they lend themselves to the execution of manifestly unjust investor-State dispute settlement awards.
- Competition without solidarity is predator behaviour, especially when competition is rigged in favour of mega-corporations and monopolies.
- Governments have an obligation to preserve their populations’ cultures as world heritage in accordance with the aim of the United Nations Educational, Scientific and Cultural Organization to promote diversity and oppose cultural imperialism.
- Although the human rights dimension of trade is obvious, investors and corporations think that they can continue working in a human-rights-free zone.
- The State has the obligation to prohibit certain business activities in order to protect the lives and welfare of the population.
- No State will consent to a treaty when negative consequences are likely to outweigh potential benefits.
- The strengthening of the human rights enforcement system is necessary to counter the prevalent architecture of corporate impunity.
2017
Whistleblowers
- I call on Governments worldwide to put an end to multiple campaigns of defamation, mobbing and even prosecution of whistleblowers like Julian Assange, Edward Snowden, the Luxleakers Antoine Deltour and Raphael Halet and the tax corruption leaker Rafi Rotem, who have acted in good faith and who have given meaning to article 19 of the International Covenant on Civil and Political Rights on freedom of expression. Whistleblowers who are serving prison sentence in many countries should be pardoned.
- “It is time to recognize the contribution of whistleblowers” – UN expert welcomes commutation of Manning’s sentence
- Whistleblowers are human rights defenders whose contribution to democracy and the rule of law cannot be overestimated. They serve democracy and human rights by revealing information that all persons are entitled to receive. A culture of secrecy is frequently also a culture of impunity. Because the right to know proclaimed in article 19 of the International Covenant on Civil and Political Rights is absolutely crucial to every democracy, whistleblowers should be protected, not persecuted.
- “It is time to recognize the contribution of whistleblowers” – UN expert welcomes commutation of Manning’s sentence
Report submitted to the UN Human Rights Council
- The Independent Expert believes that a fundamental rethink is necessary and should result in an explicit definition of new priorities that puts the interests of billions of human beings who are deprived of the necessities of life ahead of those of foreign investors.
- Report of the Independent Expert on the adverse impact of World Bank policies on human rights and the realisation of a democratic and equitable international order
- If the Bank really has development at heart, it will change the conditionalities away from privatization, deregulation and lower corporate taxation and put the emphasis on reducing military expenditures, ensuring that progressive tax legislation is enacted and enforced, that tax havens are outlawed, and that a financial transactions tax is adopted and the revenues used to build “A World Free of Poverty” through international solidarity.
- Report of the Independent Expert on the adverse impact of World Bank policies on human rights and the realisation of a democratic and equitable international order
- Countries that benefit from World Bank financing should ensure that all loans they request and all foreign direct investment they receive are used in a manner that advances the enjoyment of human rights and does not result in the enrichment of a few at the expense of the many.
- Report of the Independent Expert on the adverse impact of World Bank policies on human rights and the realisation of a democratic and equitable international order
- The media should objectively inform about abuses associated with loan agreements when they occur, particularly instances of evictions, destruction of the environment, child labour and corruption.
- Report of the Independent Expert on the adverse impact of World Bank policies on human rights and the realisation of a democratic and equitable international order
- The rules of the game must be changed so that loans are not granted on purely economic considerations and that the loan “conditionalities” henceforth aim at advancing the wellbeing of the populations concerned.
- Report of the Independent Expert on the adverse impact of World Bank policies on human rights and the realisation of a democratic and equitable international order
2018
Report submitted to the UN Human Rights Council
- A democratic and equitable international order necessarily functions on the basis of multilateralism and international solidarity. It aims at promoting a culture of peace and dialogue among nations and peoples, fully respecting the sovereignty of States and ensuring that civil society in all countries has ample space to express itself and to enjoy its individual and collective rights and pursue its traditions, culture and identity.
- Human dignity is the source of all human rights, which, since 1945, have expanded into an international human rights treaty regime, many aspects of which have become customary international law.
- A democratic and equitable international order can only flourish in a peaceful environment. With conflict prevention being the overarching raison d’être of the United Nations, the hundreds of wars since 1945 indicate that the Organization must reform in order to live up to its purposes and principles.
- Guarantees of equality and non-discrimination are necessary for the internal stability of States, but non-discrimination alone may not be enough to keep peoples together.
- The principle of territorial integrity is not sufficient justification to perpetuate situations of internal conflict that may erupt in civil war and threaten regional and international peace and security
- Unilateralism is one of the most serious obstacles to achieving a just world order.
- Sterile legalisms, the fetishism of law — otherwise known as the doctrine of positivism — have emerged as a serious impediment to a world order based on the rule of law, which must also be the rule of justice
- Binding obligations on investors and corporations must be incorporated into trade and investment agreements, and public courts must have jurisdiction to examine violations and impose sanctions on violators.
- The solution to the Venezuelan “crisis” lies in good faith negotiations between the Government and the opposition, an end to the economic war, and the lifting of sanctions.
- The “crisis” in the Bolivarian Republic of Venezuela is an economic crisis, which cannot be compared with the humanitarian crises in Gaza, Yemen, Libya, the Syrian Arab Republic, Iraq, Haiti, Mali, the Central African Republic, South Sudan, Somalia, or Myanmar, among others.
2019
- When I come and I say the emigration is partly attributable to the economic war waged against Venezuela and is partly attributable to the sanctions, people don’t like to hear that. They just want the simple narrative that socialism failed and it failed the Venezuelan people... When I came back [the UN and media were] not interested. Because I am not singing the song I’m supposed to sing so I don’t exist … And my report, as I said, was formally presented but there has been no debate on the report. It has been filed away.
- Quoted in Venezuela crisis: Former UN rapporteur says US sanctions are killing citizens, The Independent (27 January 2019)
- There is nothing more undemocratic and corrosive to the rule of law than a coup d’état.
- Quoted in As a former UN special rapporteur, the coup in Venezuela reminds me of the rush to war in Iraq, The Independent (7 February 2019)
- The international community witnessed a revolt against the UN Charter when in 2003 the United States together with the “coalition of the willing” decided to invade Iraq, a war which the late secretary general Kofi Annan described as illegal. This massive act of aggression was probably the most serious violation of the Nuremberg Principles since the Second World War. What shocks the conscience is not that the United States would place itself above international law, but that it dragged 42 countries into this destructive looting campaign. The war was preceded by an ocean of fake news and disinformation, intended to make the aggression more palatable to world public opinion. War crimes and crimes against humanity were committed for which no political leader has been held accountable.
- Quoted in As a former UN special rapporteur, the coup in Venezuela reminds me of the rush to war in Iraq, The Independent (7 February 2019)
- Modern-day economic sanctions and blockades are comparable with medieval sieges of towns.... Twenty-first century sanctions attempt to bring not just a town, but sovereign countries to their knees. The key to the solution of the crisis is dialogue and mediation… There is nothing more undemocratic than a coup d’état and nothing more corrosive to the rule of law and to international stability when foreign governments meddle in the internal affairs of other states...
- Quoted in Venezuela crisis: Former UN rapporteur says US sanctions are killing citizens, The Independent (27 January 2019)
- Only the Venezuelans have a right to decide, not the United States, not the United Kingdom … We do not want a repetition of the Pinochet putsch in 1973 … What is urgent is to help the Venezuelan people through international solidarity – genuine humanitarian aid and a lifting of the financial blockade so that Venezuela can buy and sell like any other country in the world – the problems can be solved with good faith and common sense.”
- Quoted in Venezuela crisis: Former UN rapporteur says US sanctions are killing citizens, The Independent (27 January 2019)
2020
- Edward Snowden is a true hero of our time. He does not seek fame — only justice. The entire interview with Rafael Correa is full of ideas that challenge all of us –whether American, Swiss or world citizens. I cannot summarize it here, but one idea runs through the interview as a humanistic, philosophical red thread: Ethics comes before legality. The rule of law must be the rule of justice, not the fetishism of law.
- If you want to make America great again, all you have to do is to revive the legacy of Eleanor Roosevelt.
- It’s quite clear that when you impose sanctions on a country that the population is going to suffer. It’s ridiculous to pretend that the sanctions are only going to affect the government elite. In fact, the government elite usually continues living rather well. It’s the most vulnerable – women, children – who have to pay for the consequences of these illegal sanctions.
- Approximately 40,000 Venezuelans died as a result of the sanctions, that is, because they didn’t have access to medicines or didn’t have timely access to medicines or because they had malnutrition, etc., etc. Now, imagine with the pandemic, with Covid-19, the whole infrastructure in Venezuela, in Cuba, in Iran, in Syria, has been devastated by this economic war against them. They are already weak, and the U.S. wants to make these sanctions worse. That is nothing less than a crime against humanity. In my own report to the Human Rights Council, 2018, I explained why that adds up to a crime against humanity, susceptible to being prosecuted, being investigated by the International Criminal Court in the Hague.
- The post-pandemic world should be a world of international solidarity – without unilateral coercive measures. This is the moment for the international community to reaffirm the principles of multilateralism contained in the UN Charter and demand that unilateral coercive measures that cause death and suffering be condemned by the International Criminal Court as a crime against humanity.
- Let us rediscover the spirituality of the Universal Declaration of Human Rights and revive the legacy of Eleanor Roosevelt, Charles Malik and Rene Cassin. We owe it to ourselves and future generations. With God’s help we will build – together – a better world.
Quotes about de Zayas
- Don’t you think something is fishy when the presstitutes orchestrate a fake news “humanitarian crisis” in Venezuela, but totally ignore the real humanitarian crises in Yemen and Gaza? Don’t you think something is really very rotten when the expert, Alfred Maurice de Zayas, sent by the UN to Venezuela to evaluate the situation finds no interest by any Western media or any Western government in his report? Don’t you think it is a bit much for Washington to steal $21 billion of Venezuela’s money, impose sanctions in an effort to destabilize the country and to drive the Venezuelan government to its knees, blame Venezuelan socialism (essentially nationalization of the oil company) for bringing “starvation to the people"... As the United States is completely devoid of any print or TV media, it falls upon internet media such as this website to perform the missing function of honest journalism.
- Washington’s attack on Venezuela is in violation of established international law. Zayas reports that an atmosphere of intimidation accompanied the mission, attempting to pressure him into a predetermined matrix. He received letters from American-financed NGOs asking him not to proceed on his own, dictating to him the report he should write... As Washington’s sanctions and currency manipulations constitute geopolitical crimes, Zayas asks what reparations are due to the victims of sanctions. He recommends that the International Criminal Court investigate Washington’s coercive measures that can cause death from malnutrition and lack of medicines and medical equipment.
External links
This article is issued from
Wikiquote.
The text is licensed under Creative
Commons - Attribution - Sharealike.
Additional terms may apply for the media files.