Alfred-Maurice de Zayas
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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
[edit]- If you want to make America great again, all you have to do is to revive the legacy of Eleanor Roosevelt.
[1].
- 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.
[2].
- 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.
[3].
- 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.
[4].
- 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.
- United Nations General Assembly - Promotion of a democratic and equitable international order [5].
- 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.
- AEDIDH Consultation 16. May 2011 [6] : The United Nations Human Rights to Peace Consultation.
- 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.
- Alfred de Zayas on personal website [7].
- Democracy is not an end in itself, but a means to achieve the sacred promises of human dignity, justice and peace
- Alfred de Zayas' aphorisms [8].
- Pathos is for adolescents
- Panem et circenses, Esoteric Magazine, University of British Columbia, 2004, p. 21
- In global warming and pollution we eclipse, in lies and wars to nuclear apocalypse
- Esoteric Magazine, University of British Columbia 2005, p. 28
- Can you tell me who is good and who is bad ? The ancient "we and they" divides us artificially.
- "Beatitudes", Sam Hamill, Poets Against the War 2003
2012
[edit]- 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.
- Interim report of the Independent Expert on the promotion of a democratic and equitable international order, Alfred Maurice de Zayas [9].
- 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.
- Interim report of the Independent Expert on the promotion of a democratic and equitable international order, Alfred Maurice de Zayas [10].
- 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.
- Statement by the United Nations (UN) Independent Expert about how countries must regulate arms trade to prevent human rights violations – [11].
- 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.
- Interim report of the Independent Expert on the promotion of a democratic and equitable international order, Alfred Maurice de Zayas [12].
- 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.
- Interim report of the Independent Expert on the promotion of a democratic and equitable international order, Alfred Maurice de Zayas [13].
- 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.
- Interim report of the Independent Expert on the promotion of a democratic and equitable international order, Alfred Maurice de Zayas [14].
- Education is necessary to unlearn privilege, unlearn exclusion, unlearn discrimination, unlearn prejudice, unlearn war.
- Interim report of the Independent Expert on the promotion of a democratic and equitable international order, Alfred Maurice de Zayas [15].
- 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.
- Statement by Alfred de Zayas statement on International Day of Peace, 21 September 2012 - [16].
2013
[edit]- 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.
- 2013 Future of Human Rights Forum [17].
- I condemn the lack of proper investigation of the massacres and the impunity of those responsible for them.
- UN experts urge Iraq to establish the whereabouts of the seven missing residents of Camp Ashraf [18].
- 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.
- UN experts urge Iraq to establish the whereabouts of the seven missing residents of Camp Ashraf [19].
- 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.
- UN experts urge Iraq to establish the whereabouts of the seven missing residents of Camp Ashraf [20].
- 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.
- United Nations General Assembly - Promotion of a democratic and equitable international order [21].
- 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.
- United Nations General Assembly - Promotion of a democratic and equitable international order [22].
- 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.
- United Nations General Assembly - Promotion of a democratic and equitable international order [23].
- 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.
- United Nations General Assembly - Promotion of a democratic and equitable international order [24].
- 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.
- United Nations General Assembly - Promotion of a democratic and equitable international order [25].
- 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.
- United Nations General Assembly - Promotion of a democratic and equitable international order [26].
- 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.
- United Nations General Assembly - Promotion of a democratic and equitable international order [27].
- 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”
- United Nations General Assembly - Promotion of a democratic and equitable international order [28].
- 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.
- United Nations General Assembly - Promotion of a democratic and equitable international order [29].
- 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.”
- United Nations General Assembly - Promotion of a democratic and equitable international order [30].
- 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.
- United Nations General Assembly - Promotion of a democratic and equitable international order [31].
- 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.
- United Nations General Assembly - Promotion of a democratic and equitable international order [32].
- 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.
- United Nations General Assembly - Promotion of a democratic and equitable international order [33].
- 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.
- United Nations General Assembly - Promotion of a democratic and equitable international order [34].
- 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.
- United Nations General Assembly - Promotion of a democratic and equitable international order [35].
- 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.
- United Nations General Assembly - Promotion of a democratic and equitable international order [36].
- 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.
- United Nations General Assembly - Promotion of a democratic and equitable international order [37].
- 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.
- UN expert on democracy highlights importance of free expression, information [38].
- 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.
- UN expert on democracy highlights importance of free expression, information [39].
- 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.
- UN expert on democracy highlights importance of free expression, information [40].
- The UN system is not very democratic, everyone knows that the Security Council is not democratic.
- UN expert on democracy highlights importance of free expression, information [41]
- 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.
- UN expert on democracy highlights importance of free expression, information [42].
- 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.
- Alfred de Zayas' Report to the United Nations Human Rights Council [43] UN expert calls for concrete protection to support civil society voices, including ‘whistleblowers’.
- 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 [44] 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 [45] 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 [46] 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 [47] 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
[48].
- 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 [
[49].
- 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
[50].
- 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
[51].
- 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
[52].
- 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
[53].
- 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
[54].
- 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
[55].
- 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
[56].
- 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.”
- 2013, UN rights expert hails Arms Trade Treaty and urges States to do more to also regulate production [57].
- 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.
- Statement by Alfred de Zayas, 20/2/2013 [58].
- 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.
- Statement by Alfred de Zayas on World Water Day 22 March 2013 [59].
- 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.
- Alfred de Zayas Statement by on his personal website [60].
- 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.
- Peace and reconciliation in the Egypt and Syria uprisings [61].
- “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.”
- India: Urgent call to halt Odisha mega-steel project amid serious human rights concerns [62].
2013 - International Peace Day
[edit]- 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.
- Rights expert urges the UN General Assembly to adopt a more decisive role in peace-making (For International Day of Peace, Saturday 21 September 2013) [63].
- 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.
- Rights expert urges the UN General Assembly to adopt a more decisive role in peace-making (For International Day of Peace, Saturday 21 September 2013) [64].
- 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.
- Rights expert urges the UN General Assembly to adopt a more decisive role in peace-making (For International Day of Peace, Saturday 21 September 2013) [65].
- Without peace and the rule of law, civil, cultural, economic, political and social rights cannot be enjoyed, when killing, maiming and mutual poisoning prevail.
- Rights expert urges the UN General Assembly to adopt a more decisive role in peace-making (For International Day of Peace, Saturday 21 September 2013) [66].
- If we want world peace, we must break the vicious circle of violence and reprisal, of an eye for an eye, of endless hate.
- Rights expert urges the UN General Assembly to adopt a more decisive role in peace-making (For International Day of Peace, Saturday 21 September 2013) [67].
- Peace is not the silence of cemeteries, but the song of social justice.
- Rights expert urges the UN General Assembly to adopt a more decisive role in peace-making (For International Day of Peace, Saturday 21 September 2013) [68].
2014
[edit]- 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
[69].
- 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.
[70].
- 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
[71].
- 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
[72].
- 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
[73].
- 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
[74].
- 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
[75].
- 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.
- United Nations expert urges states to cut military spending and invest more in human development [76].
- 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.
- United Nations expert urges states to cut military spending and invest more in human development [77].
- 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.
- United Nations expert urges states to cut military spending and invest more in human development [78].
- 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.
- United Nations expert urges states to cut military spending and invest more in human development [79].
- 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.
- United Nations expert urges states to cut military spending and invest more in human development [80].
- Transnational Corporations must be legally accountable for the negative human rights impacts of their activities.
- Statement by Alfred de Zayas, Independent Expert on the Promotion of a Democratic and Equitable International Order Ecuador Workshop 11-12 March 2014 [81].
- 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.
- CELAC / Zone of Peace: “A key step to countering the globalization of militarism” – UN Expert [82].
- 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.
- CELAC / Zone of Peace: “A key step to countering the globalization of militarism” – UN Expert [83].
- 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.
- CELAC / Zone of Peace: “A key step to countering the globalization of militarism” – UN Expert [84].
- 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.
- CELAC / Zone of Peace: “A key step to countering the globalization of militarism” – UN Expert [85].
UNPA - World Parliamentary Assembly
[edit]- Participation is a hallmark of democratic governance.
- Post-2015 Agenda should include elected UN Assembly to strengthen democratic participation [86].
- 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.
- Statement by the Independent Expert on the Promotion of a Democratic and Equitable International Order, Prof. Dr. Alfred de Zayas. Brussels Conference on a United Nations Parliamentary Assembly, 16/17 October 2013 [87].
- 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.
- “Time for a World Parliamentary Assembly” [88].
2015
[edit]- 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.
- UN calls for suspension of TTIP talks over fears of human rights abuses [89].
- The bottom line is that these agreements must be revised, modified or terminated.
- UN calls for suspension of TTIP talks over fears of human rights abuses [90].
- 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.
- UN calls for suspension of TTIP talks over fears of human rights abuses [91].
- 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.
- UN calls for suspension of TTIP talks over fears of human rights abuses [92].
- 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.
- U.N. expert says secret trade deals threaten human rights [93].
- 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.
- U.N. expert says secret trade deals threaten human rights [94].
Report submitted to the UN Human Rights Council
[edit]- 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.
- Report of the Independent Expert on the promotion of a democratic and equitable international order exploring the adverse impacts of military expenditures on the realization of a democratic and equitable international order [95].
- Budget and fiscal transparency are necessary tools to prevent the hijacking of the international order by the international military-industrial complex.
- Report of the Independent Expert on the promotion of a democratic and equitable international order exploring the adverse impacts of military expenditures on the realization of a democratic and equitable international order [96].
- 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.
- Report of the Independent Expert on the promotion of a democratic and equitable international order exploring the adverse impacts of military expenditures on the realization of a democratic and equitable international order [97].
- Representative democracy deserves the predicate “democratic” only if and when parliamentarians genuinely represent their constituents.
- Report of the Independent Expert on the promotion of a democratic and equitable international order exploring the adverse impacts of military expenditures on the realization of a democratic and equitable international order [98].
- Democracy and self-determination serve the overall goal of enabling human security and human rights.
- Report of the Independent Expert on the promotion of a democratic and equitable international order exploring the adverse impacts of military expenditures on the realization of a democratic and equitable international order [99].
- Frequently, military expenditures are “secret” or concealed, thus frustrating the right of citizens to know how their taxes are being spent.
- Report of the Independent Expert on the promotion of a democratic and equitable international order exploring the adverse impacts of military expenditures on the realization of a democratic and equitable international order [100].
- Disarmament is not just an idle promise; it is also a commitment under article 26 of the Charter of the United Nations.
- Report of the Independent Expert on the promotion of a democratic and equitable international order exploring the adverse impacts of military expenditures on the realization of a democratic and equitable international order [101].
- The existence of zero nuclear weapons may sound utopian, but the effort is required in the name of humanity.
- Report of the Independent Expert on the promotion of a democratic and equitable international order exploring the adverse impacts of military expenditures on the realization of a democratic and equitable international order [102].
- 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.
- Report of the Independent Expert on the promotion of a democratic and equitable international order exploring the adverse impacts of military expenditures on the realization of a democratic and equitable international order [103].
- It would be preferable to teach that honour and glory can also be won through civil courage and working for social justice.
- Report of the Independent Expert on the promotion of a democratic and equitable international order exploring the adverse impacts of military expenditures on the realization of a democratic and equitable international order [104].
- A truly democratic country must proactively inform the public so that the public can decide on spending priorities.
- Report of the Independent Expert on the promotion of a democratic and equitable international order exploring the adverse impacts of military expenditures on the realization of a democratic and equitable international order [105].
- According to a 2014 report, the European Union is spending at least 315 million euros on drone-related projects.
- Report of the Independent Expert on the promotion of a democratic and equitable international order exploring the adverse impacts of military expenditures on the realization of a democratic and equitable international order [106].
- 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.
- Report of the Independent Expert on the promotion of a democratic and equitable international order exploring the adverse impacts of military expenditures on the realization of a democratic and equitable international order [107].
- 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.
- Report of the Independent Expert on the promotion of a democratic and equitable international order exploring the adverse impacts of military expenditures on the realization of a democratic and equitable international order [108].
- Austerity is necessary in the military – not in the progressive achievement of economic, social and cultural rights.
- Report of the Independent Expert on the promotion of a democratic and equitable international order exploring the adverse impacts of military expenditures on the realization of a democratic and equitable international order [109].
- 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 of the Independent Expert on the promotion of a democratic and equitable international order exploring the adverse impacts of military expenditures on the realization of a democratic and equitable international order [110].
Report submitted to the UN General Assembly
[edit]- 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.
- Report of the Independent Expert on the promotion of a democratic and equitable international order on the adverse impacts of free trade and investment agreements on a democratic and equitable international order [111].
- The issue of corporate criminal responsibility for ecocide and other offences deserves in-depth analysis in a future report
- Report of the Independent Expert on the promotion of a democratic and equitable international order on the adverse impacts of free trade and investment agreements on a democratic and equitable international order [112].
- Globalization cannot be allowed to become the grand global casino where investors rig the system to guarantee that they always win
- Report of the Independent Expert on the promotion of a democratic and equitable international order on the adverse impacts of free trade and investment agreements on a democratic and equitable international order [113].
- To the extent that bilateral investment treaties and free trade agreements lead to violations of human rights, they should be modified or terminated
- Report of the Independent Expert on the promotion of a democratic and equitable international order on the adverse impacts of free trade and investment agreements on a democratic and equitable international order [114].
- A State that fails to ensure the human rights of the population living under its jurisdiction is a failed State
- Report of the Independent Expert on the promotion of a democratic and equitable international order on the adverse impacts of free trade and investment agreements on a democratic and equitable international order [115].
- 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
- Report of the Independent Expert on the promotion of a democratic and equitable international order on the adverse impacts of free trade and investment agreements on a democratic and equitable international order [116].
- Democracy is not exercised only once in a while, but entails a continuing dialogue between representatives and constituents
- Report of the Independent Expert on the promotion of a democratic and equitable international order on the adverse impacts of free trade and investment agreements on a democratic and equitable international order [117].
- 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
- Report of the Independent Expert on the promotion of a democratic and equitable international order on the adverse impacts of free trade and investment agreements on a democratic and equitable international order [118].
- Most States have enshrined in their Constitution and legislation the concept of ordre public
- Report of the Independent Expert on the promotion of a democratic and equitable international order on the adverse impacts of free trade and investment agreements on a democratic and equitable international order [119].
- 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
- Report of the Independent Expert on the promotion of a democratic and equitable international order on the adverse impacts of free trade and investment agreements on a democratic and equitable international order [120].
- 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.
- Report of the Independent Expert on the promotion of a democratic and equitable international order on the right of self determination [121].
- 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.
- Report of the Independent Expert on the promotion of a democratic and equitable international order on the right of self determination [122].
- World peace and security are best served when States observe treaties in good faith.
- Report of the Independent Expert on the promotion of a democratic and equitable international order on the right of self determination [123].
- 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.
- Report of the Independent Expert on the promotion of a democratic and equitable international order on the right of self determination [124].
- World peace and security are best served when States observe treaties in good faith.
- Report of the Independent Expert on the promotion of a democratic and equitable international order on the right of self determination [125].
- Norms cannot be applied à la carte.
- Report of the Independent Expert on the promotion of a democratic and equitable international order on the right of self determination [126].
- All peoples have the right of self-determination.
- Report of the Independent Expert on the promotion of a democratic and equitable international order on the right of self determination [127].
- The right of self-determination must be implemented through specific measures.
- Report of the Independent Expert on the promotion of a democratic and equitable international order on the right of self determination [128].
- The bearers of the right of self-determination possess justiciable rights, not mere promises.
- Report of the Independent Expert on the promotion of a democratic and equitable international order on the right of self determination [129].
- Self-determination is now recognized as a principle of legitimacy underlying modern international law.
- Report of the Independent Expert on the promotion of a democratic and equitable international order on the right of self determination [130].
- 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.
- Report of the Independent Expert on the promotion of a democratic and equitable international order on the right of self determination [131].
- Self-determination is an expression of the individual and collective right to democracy.
- Report of the Independent Expert on the promotion of a democratic and equitable international order on the right of self determination [132].
- Decolonization was not only just and consistent with the Charter; it was necessary to end violence.
- Report of the Independent Expert on the promotion of a democratic and equitable international order on the right of self determination [133].
- Neither the right of self-determination nor the principle of territorial integrity is absolute.
- Report of the Independent Expert on the promotion of a democratic and equitable international order on the right of self determination [134].
- States have the sacred duty to ensure peace, while individuals and peoples have the right to peace.
- Report of the Independent Expert on the promotion of a democratic and equitable international order on the right of self determination [135].
2016
[edit]“Much more than periodic voting” – UN Independent Expert calls for more direct democracy worldwide
[edit]- 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.
- “Much more than periodic voting” – UN Independent Expert calls for more direct democracy worldwide [136].
- Democracy means a genuine correlation between the will of the people and legislation and policies that affect them, be it domestic or international.
- “Much more than periodic voting” – UN Independent Expert calls for more direct democracy worldwide [137].
- 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.
- “Much more than periodic voting” – UN Independent Expert calls for more direct democracy worldwide [138].
- Direct democracy is undoubtedly one of the most efficient, reliable and transparent methods to determine the will of the people.
- “Much more than periodic voting” – UN Independent Expert calls for more direct democracy worldwide [139].
- Parliaments that do not genuinely represent, but act as if they had a blank check for x number of years lose their legitimacy.
- “Much more than periodic voting” – UN Independent Expert calls for more direct democracy worldwide [140].
Mainstream human rights into trade agreements and WTO practice – UN expert urges in new report
[edit]- 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.
- Mainstream human rights into trade agreements and WTO practice – UN expert urges in new report [141].
- 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.
- Mainstream human rights into trade agreements and WTO practice – UN expert urges in new report [142].
- 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.
- Mainstream human rights into trade agreements and WTO practice – UN expert urges in new report [143].
- 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.
- Mainstream human rights into trade agreements and WTO practice – UN expert urges in new report [144].
- Surely the Council did not intend to convene an assembly of Cassandras when it established the Special Procedures.
- Mainstream human rights into trade agreements and WTO practice – UN expert urges in new report [145].
Report submitted to the UN Human Rights Council
[edit]- The role of parliaments is crucial in ensuring human rights protection while promoting trade.
- Report of the Independent Expert on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development [146].
- There is no need to adopt more “free trade agreements”, which are asymmetrical agreements providing privileges to investors but no enforceable obligations.
- Report of the Independent Expert on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development [147].
- 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.
- Report of the Independent Expert on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development [148].
- Never must the courts become instruments of injustice. Never should they lend themselves to the execution of manifestly unjust investor-State dispute settlement awards.
- Report of the Independent Expert on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development [149].
- Competition without solidarity is predator behaviour, especially when competition is rigged in favour of mega-corporations and monopolies.
- Report of the Independent Expert on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development [150].
- 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.
- Report of the Independent Expert on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development [151].
- Although the human rights dimension of trade is obvious, investors and corporations think that they can continue working in a human-rights-free zone.
- Report of the Independent Expert on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development [152].
- The State has the obligation to prohibit certain business activities in order to protect the lives and welfare of the population.
- Report of the Independent Expert on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development [153].
- No State will consent to a treaty when negative consequences are likely to outweigh potential benefits.
- Report of the Independent Expert on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development [154].
- The strengthening of the human rights enforcement system is necessary to counter the prevalent architecture of corporate impunity.
- Report of the Independent Expert on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development [155].
2017
[edit]Whistleblowers
[edit]- 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
[edit]- 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
[edit]Report submitted to the UN Human Rights Council
[edit]- 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
[edit]- 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
[edit]- Universal human rights constitute a holistic system of interdependent entitlements and freedoms. Yet, "universal" does not mean homologated or insensitive to cultural specificities. The ubiquitous slogan that “all rights are equal” is but a platitude that manifests an absence of a sense for proportions and discernment. Indeed, human dignity, the source of all human rights, necessarily dictates priorities -- a hierarchy based on common sense and mutual respect: First and foremost, the right to live in dignity, a commitment to promote and protect the sanctity of life, which encompasses physical integrity, the right to food, water, housing, healthcare, freedom from war, a human right to peace. Secondly, the right to freely develop one’s personality i.e. the right to be who we are, the right to our identity, the right to set the priorities of our lives – that essential right of self-determination, free from artificial constraints imposed by government or society -- and as a corollary the duty to respect the rights of others. Codification of human rights has not been concluded, since continuing standard-setting remains necessary to better protect the practical expression and exercise of our human dignity. All human rights can be subsumed under the two categories above, with the caveat that the letter of the law must not be politicized to subvert the spirit of the law -- the primacy of the dignitas humana.
Source: Ex Tempore Nr. 31, page 123
- 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.
2021
[edit]- Patriotism means different things to different people. For me it entails citizen solidarity in promoting justice at home and resisting official lies, apologetics, euphemisms, crime and tyranny. Love of country requires a commitment to truth and readiness to counter «fake news » and skewed political «narratives». Internationally, patriotism means averting harm from one’s country by pro-actively seeking dialogue and compromise, so as to contribute to peace and justice – pax et iustitia.
- A true “democracy summit” can and should be convened by the UN and be all-inclusive, based on multilateralism and sovereign equality. ... In 2005 on the occasion of the 60th anniversary of the entry into force of the UN Charter. the UN World Summit ended with its “outcome document” unanimously adopted as General Assembly Resolution 60/1, which reaffirms “that democracy is a universal value based on the freely expressed will of people to determine their own political, economic, social and cultural systems and their full participation in all aspects of their lives.” Most importantly, contrary to the U.S. claim to hold a patent on democracy, the international community agreed that, “while democracies share common features, there is no single model of democracy, that it does not belong to any country or region,” and reaffirmed the necessity of due respect for the sovereignty of states and the right of self-determination of peoples.
- In a world of fake news, fake history, fake law, fake diplomacy, it is no surprise to encounter fake democracy along the way.
- In my reports to the United Nations General Assembly and Human Rights Council, I said that democracy means the correlation of the will of the people and the governmental policies that affect them. Democratic governance is much more than ritual periodic elections, but entails genuine policy choices, people's power to propose legislation, challenge laws and regulations by referendum, demand transparency and accountability from government.
- Moreover, a well-informed electorate is necessary for a functioning democracy. This means that there must be access to truthful information and a plurality of views. This is sabotaged both by government and private-sector manipulation of news. Far from advancing democracy, the U.S. media conglomerates and corporate press, including the New York Times and Washington Post, undermine it by "manufacturing consent" (Chomsky)
- As an American citizen, I vote every two years, but I know that our two-party system has proven to be undemocratic. Indeed, whether I vote Republican or Democrat, I get more of the same, because both parties are committed to exceptionalism, imperialism, interventionism, Wall Street over Main Street. It is like having to choose between two beverages that almost taste the same, like Pepsi and Coca-Cola. Both parties approve of killing tens of thousands of civilians with drones. Both approve the use of radioactive depleted-uranium weapons. Both persecute journalists and whistleblowers who dare disclose the crimes committed in our name. Both parties are strongly pro-Israel and anti-Palestinian. Both impose illegal unilateral coercive measures on countries that do not obey Uncle Sam's political orders.
- You do not have to be an anarchist to realize that our establishment intends and has the power to perpetuate itself. Of course, the electorate is invited to participate in choosing which of the two parties should oppress them, but this is a kind of theater, entertainment for the masses. Billions of dollars are wasted in the myth of democratic elections but, as has been variously attributed to Emma Goldman and Kurt Tucholsky: "If elections would change anything, they would be abolished."
- The democratic backsliding was visible in France with the repression of the "yellow vests," in Spain with the brutal suppression of the self-determination referendum in Catalonia in 2017, the brutality of the Guardia Civil against peaceful voters, pregnant women, old ladies, the use of rubber bullets against citizens going to vote – I myself interviewed some of these victims. How can IDEA remain silent on the existence of political prisoners in Spain, whose only "crime" is to demand the implementation of their right to hold a referendum, a right protected by the International Covenant on Civil and Political Rights (Articles 1, 19, 25)?
- In countless resolutions, the UN General Assembly has acknowledged that there is no single model of democracy, that democracy cannot be exported but must be home-grown, that each country should find its own way consistent with the right of self-determination of peoples and the principles of the UN Charter.
- Biden must do everything he can to unite the country, because the ongoing polarization is dangerous, can lead to further violence in an already violent society. All those who call America home want the common good for all. They must overcome the “enmity” between Democrats and Republicans and build bridges of dialogue, because it is not about A against B, but about A in cooperation with B in order to serve all. Effective governance means compromise and does not function on the basis of unconditional surrender, or the “winner takes all” principle. Of course, this polarity is also a result of the two party system, of the so-called “representative democracy”, which alas, does not always represent. It should evolve into a participatory democracy with enhanced responsibility borne by the electorate.
- We should gradually move toward a new system with multiple parties so that the will of the people is also better represented, so that democratic pluralism can unfold. Biden should also strengthen the US Constitution and the rule of law, and work against the “seizure of power” by techno-giants, who are engaged in a profound manipulation of public opinion, which corrupts and sabotages democracy. He must make the idea of the "Marketplace of Ideas" socially acceptable again. The visible but slow slide into an Orwellian dystopia must be stopped. Today rather than tomorrow.
- Several UN special rapporteurs have repeatedly demanded transparency and accountability for crimes committed in Guantanamo. More recently, they have addressed the specific demand to President Biden that he immediately close Guantanamo. But of course, closing Guantanamo is not enough. The crimes committed there must be investigated, as I already demanded in one of my own press releases back in 2016. Days ago marked the 19th anniversary of the opening of this modern-day Gulag at Guantanamo, where over 700 detainees have been tortured and incarcerated under inhumane conditions
2022
[edit]- The brave new world of market fundamentalism promises endless progress and seduces many through virtual pleasures, a festival of consumerism, digital gadgets galore, fast lanes and fast tracks to everywhere and nowhere, the illusion of doing more with less. One day, however, we may wake up with a heavy spiritual hang-over, realizing we have entered the dystopian age of conformism, of mass surveillance and consequent self-censorship, burdened by a sense of not coping with those things that really matter, enveloped by a paralyzing meaninglessness, seemingly unable to escape, condemned to the anesthetizing panem et circensis imposed by the Zeitgeist. We may think we can check out of the New World Hotel to join the dissident ranks, but it may be too late to exit — because there may not be anywhere for vagabonding misfits to go.
- Considerable responsibility for the corruption of the rule of law is borne by the corporate media that systematically dis-informs the public about the facts and imposes a “managed narrative” that essentially cripples any chance for an objective debate. Over the past decades the corporate media has engaged in brazen propaganda to create a false “perception” of the law, including international law, that is very distant from any conception of justice. By suppressing information, dis-informing and whitewashing, the corporate media has become complicit in the war crimes and crimes against humanity perpetrated in Afghanistan, Iraq, Syria, Libya, Yemen etc. The media has even attempted to create an impression that the 2003 Invasion of Iraq, which the then UN Secretary General Kofi Annan repeatedly called an “illegal war”, actually was a “just war” in keeping with the UN Charter
- In order to help the rule of law evolve into the rule of justice, we must demand our right to access to information, we must adopt a Charter of Rights of Whistleblowers, demand transparency and accountability from our governments, and ensure that Parliaments revisit obsolete laws that perpetuate injustice. We must remain vigilant to ensure that the rule of justice is built day by day and that our courts and tribunals apply the existing legislation in good faith and not in the service of corporations and special interests, who do not want rights – but only privileges.
2023
[edit]- The Ukraine end-game becomes more dangerous by the day, and many experts in the US realize that Ukraine cannot win. Nevertheless, NATO and EU escalate further at the expense of hundreds of thousands of Ukrainian lives, sacrificed on the altar of US and NATO expansion. The Western indifference to death reminds me of Madeleine Albright’s cynical assessment that toppling Saddam Hussein was worth the lives of 500,000 Iraqi children (https://www.youtube.com/watch?v=1tihL1lMLL0). Some in the Biden administration pretend that they can still snatch victory out of the jaws of defeat. At best we can hope for a frozen conflict, which, alas, can break out into renewed hostilities. At worst, we face nuclear Apocalypse. The long-term consequences of the conflict are not limited to Ukraine. The question arises about the viability of existing international institutions like the United Nations and the International Criminal Court, which have allowed themselves to be hijacked by the US for its geopolitical agenda. NATO’s policies have seriously damaged our faith in the system of international law, diplomatic law and international criminal law, which functioned – albeit with difficulties -- before the orgy of treaty-violations, sanctions regimes and blockades that have upended Rechtssicherheit, international trade, supply chains and rendered the sustainable development goals unattainable. The use of indiscriminate weapons including drones, cluster bombs and depleted uranium have done long-term damage to international humanitarian law. Another US fantasy: the piecemeal absorption of Ukraine into NATO, which Russia will counter, because it cannot allow the use of Ukrainian territory as a springboard for renewed proxy wars. It seems that the US, not Russia, has deliberately thrown the Westphalian system of law and diplomacy out of the window.
- It is time to label NATO a "criminal organization" within the meaning of articles 9 and 10 of the Nuremberg Statute and judgment. NATO's raison d'être expired when the Soviet Union ended and the Warsaw Pact was dismantled. In a desperate effort to self-perpetuate, NATO invented enemies so that it could justify its continued existence. It embarked on a series of expansions aimed at encircling Russia, although Gorbachev had voluntarily withdrawn Soviet forces precisely in order to “give peace a chance”. NATO attempted to usurp the functions of the UN Security Council and its exclusive authority over the use of force under the UN Charter. NATO's eastward expansion – in flagrant violation of internationally binding commitments made in 1989, 90, 91 by George H.W. Bush and his Secretary of State James Baker – constituted since 1997 and continues to pose a threat to international peace and security within the meaning of article 39 UN Charter. Today the continuing megalomania of NATO’s leaders goes as far as pretending to expand to Asia and Africa. NATO member states have engaged in naked aggression against Yugoslavia, Afghanistan, Iraq, Libya and Syria, they have illegally intervened in the Middle-East, committed abhorrent war crimes and crimes against humanity hitherto in total impunity. More recently, NATO is at the source of Ukraine’s egregious violations of the Minsk Accords (as recorded by OSCE), which eventually triggered Russia’s invasion. To claim that NATO is a “defensive” alliance is preposterous – its credo is not defence, but provocation, bravado, bullying, and new-style imperialism. NATO may still throw all of humanity under the bus.
- War is over, if we want it” was one of John Lennon’s best messages, next to “Imagine”. Why can't our generation see the relevance of the songs to the Ukraine war? Why can’t our leaders learn from Wilfred Owen and Erich-Maria Remarque? It is time to speak truth to power. But it seems that our leaders are hooked on war. They actually want war, not peace, because some of our “elites” in the military-industrial-financial sector are making billions in profits, and the revolving door puts the CEO's of banks and corporations into government, so that they can continue funnelling taxpayers' money into the monstruous military machine. These “elites” do not care about the lives of the Ukrainian and Russian soldiers and civilians who are being slaughtered in the name of geopolitics and self-righteousness. The mainstream media nurtures generalized herd mentality and “groupthink”, which effectively negates our common sense and leads us to self-censorship, when we realize that we are expected to accept the propaganda or take the consequences. We find our “comfort zone” in going along with those who pretend to love Big Brother. Of course, there are many alternatives to confrontational politics and war – namely dialogue and compromise, which certainly do not entail greater risks than our present military policies that generate perpetual war. Only a climate of patience and perseverance will allow humanity to advance from anarchy to peace, from hatred to mutual respect.
- Provocation is not an innocent act. It can amount to a tort or even a crime. In the UK the Public Order Act prohibits "abusive or threatening words or behaviour", specifically "to provoke the immediate use of unlawful violence”. Provocation means conduct that induces another to a violent response – out of fear, anger or outrage. Whereas in international law there is an absolute prohibition of the use of force stipulated in article 2(4) of the UN Charter, some powerful countries concoct exceptions, e.g. by postulating a non-existent right of “pre-emptive” self-defence or the so-called doctrine of “responsibility to protect”, both scams intended to circumvent Art. 2(4). Recent armed conflicts in Yugoslavia, Afghanistan, Iraq, Libya, Syria and Ukraine document a tendency to water down the prohibition of the use of force. This is facilitated by the compliant media and "quality press" that manage facts and narrative in an attempt to “legitimize” the use of force, e.g. by the US in Iraq, or to absolve the provocateur, e.g. by downplaying NATO's egregious provocations in Ukraine and elsewhere. It is surrealistic to claim that the use of force in Iraq was legitimate: It was naked aggression and a crime against humanity. Equally extravagant is to pretend that the invasion of Ukraine was “unprovoked”, although every Western politician does not miss the opportunity to refer to the Ukraine war as "unprovoked". Admittedly, Russia’s invasion of Ukraine constituted a grave breach of the UN Charter. But the provocations also violated article 2(4), which prohibits not only the use of force but also the threat thereof. As Professors John Mearsheimer, Richard Falk, Jeffrey Sachs and others have pointed out, NATO expansion was perceived by Russia as a hostile attempt at encirclement, hence an existential threat. Every attempt by Russia to defuse this menace by peaceful negotiation as required by article 2(3) UN Charter was rebuffed by the US and NATO. NATO's on-going provocations in Georgia, Ukraine and elsewhere amount to geopolitical harassment in contravention of the letter and spirit of the UN Charter. It can be argued that provoking someone is more offensive that reacting aggressively to the provocation, because the provocation is deliberate, not accidental; the reaction thereof is ad hoc, lacking malice aforethought. Provoking means intentionally making someone angry, throwing down the gauntlet, inviting to a fight. Of course, retaliation should be proportional to the provocation. But we humans have this awesome tendency to overreact. Bottom line: Both the provocation and the retaliation are reprehensible. But the one who provokes bears greater moral responsibility. Provocation should be recognized as an attribute of the act of aggression and as such deemed in violation of the Rome Statute of the International Criminal Court.
Quotes about de Zayas
[edit]The Human Rights Industry, Clarity Press 2023
[edit]- Alfred de Zayas offers us an invaluable insider’s account of how the global system created after World War II to protect human rights is brazenly manipulated by the United States Government and others for geopolitical ends. De Zayas is a human rights leader of remarkable insight, experience, wisdom, and integrity, whose account is both searing and hugely constructive. He makes vividly clear why we must, and how we can, truly champion peace and human rights. JEFFREY D. SACHS, University Professor at Columbia University
- Alfred de Zayas is an experienced human rights scholar, knowledgeable and straightforward. Worth reading in depth. PROFESSOR MARC BOSSUYT, former President of the Belgian Constitutional Court and member of the UN Sub-Commission on Promotion and Protection of Human Rights
- Alfred de Zayas provides a candid view of the ‘human rights industry’ from the perspective of someone who has been inside the system for almost five decades. Like the whistleblowers he cites in the book’s dedication, Alfred is willing to provide a glimpse into the good and bad of the UN’s growing human rights industry. CURTIS DOEBBLER, Research Professor of Law at the University of Makeni (Sierra Leone), representative of the NGO International-Lawyers.org to UN Headquarters
- This book is a long-overdue critique of the human rights system by someone who truly values human rights and who has a unique and valuable perspective as a human rights practitioner for 50 years… I highly recommend this book for experts, practitioners, and lay readers alike. DANIEL KOVALIK, professor of International Human Rights at the University of Pittsburgh School of Law, and author, No More War: How the West Violates International Law by Using “Humanitarian” Intervention to Advance Economic and Strategic Interests
- Professor de Zayas raises important issues about the politicization of the UN Human Rights Office and the Human Rights Council. He formulates pragmatic proposals for the reform of UN human rights institutions in the spirit of the UN Charter. The book is supported by hundreds of credible sources and calls for serious debate. PROFESSOR TIAN LI, Director of the Center for Human Rights and Peaceful Development & Associate Professor of School of Law, Shandong University, China
Building a Just World Order, Clarity Press 2021
[edit]- I hope that this book will be of great utility in the promotion and protection of human rights. MICHELLE BACHELET, UN High Commissioner for Human Rights
- Alfred de Zayas is a gifted human rights lawyer who, alongside Jakob Moller, pioneered the development of UN human rights jurisprudence. He was a dynamic Special Rapporteur, as is evidenced by his Principles for a Democratic and Equitable International Order. BERTRAND RAMCHARAN, Acting UN High Commissioner for Human Rights 2002-2004
- The 25 Zayas Principles of International Order are a modern Magna Carta. MARIA FERNANDA ESPINOSA, President of the 73rd session of the UN General Assembly, 2018-19
- An almanac of world order and international law, covering some of the most crucial issues of our time… HANS KOECHLER, Professor emeritus of Philosophy, University of Innsbruck; President, International Progress Organization, Vienna 2018-19
- Zayas proposes a new functional paradigm of human rights for all. PROFESSOR DR. CARLOS CORREA, University of Buenos Aires, Executive Director of South Centre
- This book goes to the sources of law and justice and proposes pragmatic solutions to many problems, including those of Indigenous Peoples. SHARON H. VENNE, Notokwew Muskwa Manitokan, Expert in International Law and Indigenous Peoples
- This lucid, hands-on, independent, pragmatic study is a mode d’emploi for achieving a rules-based international order under the UN Charter. PROFESSOR CARLOS VILLÁN DURAN, President of the Spanish Society for International Human Rights Law
- This multifaceted book proposes a new functional paradigm of human rights, which does away with the artificial division of rights into those of the so-called first, second and third generations, and endorses a holistic approach to all human rights, including the rights to development and the right to peace. PINO ARLACCHI, Member, European Parliament, and former Director General of the UN Vienna Office
Countering Mainstream Narratives, Clarity Press 2022
[edit]- Alfred de Zayas is a precious resource of humanity as displayed in this wonderfully lucid collection of essays on the afflictions of our time. With the wisdom of a seer and the knowledge of a world class jurist de Zayas is an authoritative voice of reason and equity in this precarious period of dangerous warmongering untruths. Don’t weep, read and then act. RICHARD FALK, Former UN Special Rapporteur and Prof. Emeritus, Princeton University
- The ugliness of official lies and suppression of truth in our times is a serious threat to the possibility of a democratic society. Alfred de Zayas’ book is a vigil for a society where press freedom means more than the freedom to buy the press and to lie without restraint. VIJAY PRASHAD, Professor of International Studies, Trinity College, Executive-director of the Tricontinental Institute for Social Research
- A must read for anyone wanting to create a socially just world constructed from a holistic vision of the interdependency and indivisibility of human rights, this book is truly a tour de force. DR. JOSEPH WRONKA, Representative to the UN in New York, International Association of Schools of Social Work
- A book every peace and human rights activist needs. The intrepid de Zayas beats new paths , demonstrates why honest media is essential to democratic governance and illustrates how indispensable academic freedom and courage are to every democracy. FREDRIK S. HEFFERMEHL, Norwegian jurist, former vice-president of the International Peace Bureau (IPB), founding member of the Lay Down Your Arms Association
- Alfred de Zayas empowers readers to consume the mainstream media ‘wise as serpents’ (Jesus Christ, Matthew 10:16) and to see through Fake News, Fake Law and Fake Freedom. This immaculately documented book is at the same time informative, philosophical, concise, clever and amusing. PROF. HARRO VON SENGER, Ph.D., D.J., Swiss jurist
- An honest book that appeals to reason in dealing with diplomacy, peace, and war. Erudite and endlessly quotable, even aphoristic, this book champions academic freedom and the right to seek and impart information. PROF. DR. ALEXANDRE LAMBERT, Geneva, expert in multilateral organizations and international security
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