Alfred-Maurice de Zayas

“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.”

“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.”

“World peace is threatened not only by weapons of mass destruction but also by conventional weapons which have led to countless violations of human rights, including the rights to life and to physical integrity. A strong treaty can contribute greatly to international and regional peace, security and stability.”

“Lip service to disarmament is insufficient; the goal is to find ways to redirect the resources used for the military and reduce the danger of war while liberating funds to finance development and all-inclusive growth.”

“As all human rights derive from human dignity, it is important to recognize that human dignity is not a product of positivism but an expression of natural law and human rationality. Although an abstract concept, human dignity has engendered concrete norms of human rights, a practical mode d’emploi strengthened by enforcement mechanisms.”

“Bearing in mind that “the market” is not an invention of capitalism but that it has existed for thousands of years in many different societies, social justice logically requires that the profits resulting from the operation of markets and infrastructures created by society be equitably shared within societies and in a larger context within the human family.”

“Education is necessary to unlearn privilege, unlearn exclusion, unlearn discrimination, unlearn prejudice, unlearn war.”

“When negotiations are at an impasse, when States dig their heels in, it is time to ‘undig’ them in a spirit of compromise. We all need to unlearn the predator in us, unlearn discrimination, unlearn privilege.”

“I condemn the lack of proper investigation of the massacres and the impunity of those responsible for them.”

“Grave crimes of this nature, and the impunity that has accompanied them, entail violations of numerous international treaty provisions and constitute an assault on the rule of law, an affront to the international community and a threat to the international order.”

“The families of the killed and disappeared are entitled to the right to know what happened to their loved ones, and to adequate reparation for the suffering endured.”

“The unfair composition of the Security Council is largely acknowledged. The principal defects are the anachronistic privileges of the five permanent members of the Council and the Council’s insufficient representativeness.”

“The abuse of the veto power has become so predictable that frequently resolutions are not even tabled because of the certainty of a veto against their adoption. Necessary discussion is thereby suppressed. Concerted action by the Security Council, the General Assembly and other United Nations agencies is necessary to prevent major human rights violations, stop ongoing breaches and provide remedies to victims.”

“The root causes of armed conflict, among them the race for natural resources, economic imbalances, and ethnic and religious tensions must be resolved, respecting the obligation to settle disputes by peaceful means under Article 2 (3) of the Charter. The obligation to negotiate is jus cogens, “negotiation” meaning dialogue and compromise, not the dictates of the stronger over the weaker.”

“States should practice multilateralism and abandon unilateral actions that adversely affect a democratic and equitable international order, refraining from the threat or use of force. They should apply international law uniformly, abandon overreliance on “positivism” and efforts to circumvent treaty obligations or invent loopholes. As “nature abhors a vacuum” (Spinoza, Ethics), human rights law abhors “legal black holes””

“Some observers compare elections in some countries with sports events, where people are but spectators. Moreover, elections must not be mere interludes for pushing a lever and then retreating to passivity, for democracy demands committed participation in the daily workings of society.”

“World peace is continually threatened by the paranoia of power, as internal and international conflicts plague humanity. Confronted by the danger of weapons of mass destruction, humanity must take effective measures towards disarmament. Albert Einstein warned us: “I know not with what weapons World War III will be fought, but World War IV will be fought with sticks and stones.””

“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.”

“The Independent Expert is persuaded that recognition of peace as a human right will promote a democratic and equitable international order and that national and international democratization will reduce conflict, since peoples want peace. It is Governments that stumble into war.”

“Attention must be given to the penal consequences of violations of the right to peace, including the punishment by domestic courts or in due time by the International Criminal Court of those who have engaged in aggression and propaganda for war.”

“If you censor yourself, if you cannot articulate your needs, if you cannot articulate your priorities, then whatever you do, putting a little cross in a ballot box, etc, does not represent your view. It is an act of desperation.”

“You should not be subjected to the pressures, the intimidation, whether by Government or by the private sector, which would force you into self-censorship.”

“Specific protection must be granted to human rights defenders and whistleblowers who have in some contexts been accused of being unpatriotic, whereas they perform, in reality, a democratic service to their countries and to the enjoyment of human rights of their compatriots.”

“The 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.”

“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.”

“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.”

“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”

“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.”

“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.”

“Democracy is not the end product, but the means to the end, which is the enjoyment of human rights by all.”

“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.”

“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.””

“The mandate entails a generous synthesis of civil, political, economic, social and cultural rights. The title requires the expert to be truly independent, keep an open mind, conduct his/her research objectively and without ideological prejudices, listen to all sides of an argument and seek the opinion of all stakeholders.”

“Peace is what today’s world needs most urgently, in Egypt, in Syria, in the Middle East, in Africa. Peace and reconciliation. Peace with rehabilitation of victims. Peace with understanding of causes. Peace with a plan for reconstruction – but not only material reconstruction. Moral reconstruction, value reconstruction, commitment to human dignity, faith in the future – this is essential to achieve peace with justice.”

““Respect for human rights requires transparent and accountable institutions and governance as well as the effective participation of all individuals and civil society, who are an essential part of realizing social and people-centred sustainable development.””

“The United Nations is the best hope to spare humanity from the barbarity of war, from the senseless death, destruction and dislocation it brings about.”

“It is time to reinvigorate the UN General Assembly so that it can exercise a more decisive role in peace-making and peace-keeping, consistent with the will of the international community.”

“It is the responsibility of all of us to remind governments of their commitments to settle disputes by peaceful means and to negotiate in good faith under the UN Charter, and to denounce war agitation particularly by the media.”

“Without peace and the rule of law, civil, cultural, economic, political and social rights cannot be enjoyed, when killing, maiming and mutual poisoning prevail.”

“If we want world peace, we must break the vicious circle of violence and reprisal, of an eye for an eye, of endless hate.”

“Peace is not the silence of cemeteries, but the song of social justice.”

“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.”

“The cost in human lives of every armed conflict is staggering, but the economic cost of wars can continue for generations.”

“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.”

“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.”

“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.”

“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.”

“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.”

“Every democracy must involve civil society in the process of establishing budgets, and all sectors of society must be consulted to determine what the real priorities of the population are. Lobbies, including military contractors and other representatives of the military-industrial complex, must not be allowed to hijack these priorities to the detriment of the population’s real needs.”

“Global military spending levels constitute an unconscionable use of resources and remain at an all-time high, reaching a total of USD 1.75 trillion in 2012, according to the Stockholm International Peace Research Institute.”

“I urge Governments to considerably reduce funds allocated to the military, not only as a disarmament issue, but also as a potential contributor to social and environmental protection and call for the holding of referenda on this issue worldwide.”

“A ten per cent reduction in military expenditures per year would be reasonable, coupled with a programme of retraining the workforce and redirecting the resources in a manner that creates employment and advances social welfare. I also encourage all States to contribute to the UN’s annual Report on Military Expenditures by submitting complete data on national defence budgets.”

“Transnational Corporations must be legally accountable for the negative human rights impacts of their activities.”

“This new declaration which emphasizes the necessity of global disarmament is based on the purposes and principles of the United Nations, in particular the prohibition of the threat and use of force, and on the obligation to negotiate disputes in conformity with the UN Charter. It is a strong and positive example for the entire world.”

“Its effects will be even broader than the establishment 45 years ago of Latin America and the Caribbean as a nuclear-free zone by the Treaty of Tlatelolco.”

“This reduction implies the release of funds for development and a shift of the labour force previously dedicated to military industries toward peaceful activities, protection of human rights, conservation of the environment, the eradication of illiteracy, promotion of education and scientific research together with enhanced efforts to reach the Millennium Development Goals and implement the agenda for the post-2015 period.”

“The CELAC Declaration is a positive sign towards the advancement of an international order which can and should be more democratic and equitable, based on the principles of the sovereignty of States and peoples and on international solidarity.”

“Participation is a hallmark of democratic governance.”

“As far as domestic democracy, all here present know that democracy means government of the people by the people. While we agree that consultation and participation are essential to every democracy, this is seldom achieved in practice.”

“A World Parliamentary Assembly functioning outside the United Nations, or a United Nations Parliamentary Assembly set up as a subsidiary body of the General Assembly pursuant to article 22 of the UN Charter, could start initially as a consultative body and gradually develop into a legislative assembly.”

“We don’t want a dystopian future in which corporations and not democratically elected governments call the shots. We don’t want an international order akin to post-democracy or post-law.”

“The bottom line is that these agreements must be revised, modified or terminated.”

“Most worrisome are the ISDS arbitrations, which constitute an attempt to escape the jurisdiction of national courts and bypass the obligation of all states to ensure that all legal cases are tried before independent tribunals that are public, transparent, accountable and appealable.”

“Article 103 of the UN charter says that if there is a conflict between the provisions of the charter and any other treaty, it is the charter that prevails.”

“I am concerned about the secrecy surrounding negotiations for trade treaties, which have excluded key stakeholder groups from the process, including labour unions, environmental protection groups, food-safety movements and health professionals.”

“I am especially worried about the impact that investor-state-arbitrations (ISDS) have already had and foreseeably will have on human rights, in particular the provision which allows investors to challenge domestic legislation and administrative decisions if these can potentially reduce their profits.”

“Downsizing military budgets will enable sustainable development, the eradication of extreme poverty, the tackling of global challenges including pandemics and climate change, educating and socializing youth towards peace, cooperation and international solidarity.”

“Budget and fiscal transparency are necessary tools to prevent the hijacking of the international order by the international military-industrial complex.”

“The ideal of direct democracy, including the power of legislative initiative of citizens and control of issues through genuine consultation and referenda has been partially achieved only in few countries.”

“Representative democracy deserves the predicate “democratic” only if and when parliamentarians genuinely represent their constituents.”

“Democracy and self-determination serve the overall goal of enabling human security and human rights.”

“Frequently, military expenditures are “secret” or concealed, thus frustrating the right of citizens to know how their taxes are being spent.”

“Disarmament is not just an idle promise; it is also a commitment under article 26 of the Charter of the United Nations.”

“The existence of zero nuclear weapons may sound utopian, but the effort is required in the name of humanity.”

“In the light of continued warmongering by some States, it is apparent that resolutions of the General Assembly, including its resolution 68/28, have not succeeded in reducing tensions.”

“It would be preferable to teach that honour and glory can also be won through civil courage and working for social justice.”

“A truly democratic country must proactively inform the public so that the public can decide on spending priorities.”

“According to a 2014 report, the European Union is spending at least 315 million euros on drone-related projects.”

“In totalitarian States citizen have no voice. In democratic countries, however, citizens bear responsibility for the decisions taken by their democratically elected officials. If crimes are committed in their name, it is their responsibility to demand accountability.”

“Reduced military budgets will release funds for the promotion and protection of human rights and for addressing global problems such as pandemics, climate change, deforestation and acute water shortages.”

“Austerity is necessary in the military – not in the progressive achievement of economic, social and cultural rights.”

“States should significantly reduce military spending and develop conversion strategies to reorient resources towards social services, the creation of employment in peaceful industries, and greater support to the post-2015 development agenda.”

“The issue of corporate criminal responsibility for ecocide and other offences deserves in-depth analysis in a future report”

“Globalization cannot be allowed to become the grand global casino where investors rig the system to guarantee that they always win”

“To the extent that bilateral investment treaties and free trade agreements lead to violations of human rights, they should be modified or terminated”

“A State that fails to ensure the human rights of the population living under its jurisdiction is a failed State”

“Among the rights that States must ensure are the rights to life, security of person, participation in the conduct of public affairs, homeland, movement, health, education, employment and social security”

“Democracy is not exercised only once in a while, but entails a continuing dialogue between representatives and constituents”

“All international investment agreements under negotiation should include a clear provision stipulating that in case of conflict between the human rights obligations of a State and those under other treaties, human rights conventions prevail”

“Most States have enshrined in their Constitution and legislation the concept of ordre public”

“A government that compromises its competence to defend and protect the interests of the persons living under its jurisdiction betrays its raison d’être and loses its democratic legitimacy”

“In its essence, the right of self-determination means that individuals and peoples should be in control of their destinies and should be able to live out their identities, whether within the boundaries of existing States or through independence.”

“There are multiple ways of looking at self-determination. One understanding of the right focuses on the legitimacy of choice, so that every people may choose the form of government that it deems appropriate to its culture and traditions. Another perspective focuses on the right of two or more peoples to unify into one single State.”

“World peace and security are best served when States observe treaties in good faith.”

“There is consensus among States, judges of international tribunals and professors of international law that self-determination is not only a principle but also a right that has achieved the status of jus cogens.”

“World peace and security are best served when States observe treaties in good faith.”

“All peoples have the right of self-determination.”

“The right of self-determination must be implemented through specific measures.”

“The bearers of the right of self-determination possess justiciable rights, not mere promises.”

“Self-determination is now recognized as a principle of legitimacy underlying modern international law.”

“A violation of the right of self-determination gives rise to a legitimate human rights claim by individuals and groups and triggers State responsibility to make reparation.”

“Self-determination is an expression of the individual and collective right to democracy.”

“Decolonization was not only just and consistent with the Charter; it was necessary to end violence.”

“Neither the right of self-determination nor the principle of territorial integrity is absolute.”

“States have the sacred duty to ensure peace, while individuals and peoples have the right to peace.”

“Democracy must be lived and practiced every day. It entails much more than periodic voting, which in many cases is only pro forma, in the absence of public influence on the choice of candidates and scarce possibility of policy change.”

“Democracy means a genuine correlation between the will of the people and legislation and policies that affect them, be it domestic or international.”

“Direct, participatory and responsive democracy has been shown to be conducive to achieving a more just world order. Only such an approach will allow progressing from predator societies to human rights oriented societies.”

“Direct democracy is undoubtedly one of the most efficient, reliable and transparent methods to determine the will of the people.”

“Parliaments that do not genuinely represent, but act as if they had a blank check for x number of years lose their legitimacy.”

“Investors and transnational enterprises have invented new rules to suit their needs, rules that impinge on the regulatory space of States and disenfranchise the public.”

“It is high time to mainstream human rights into all trade agreements and World Trade Organization (WTO) rules and regulations, so that trade representatives and dispute-settlers know that trade is neither a “stand alone” regime not an end in itself.”

“A just, peaceful, equitable and democratic world order must not be undermined by the activities of investors, speculators and transnational enterprises avid for immediate profit at the expense of social and economic progress.”

“The path to a democratic and equitable order is through the expansion of public courts, not the creation of private courts with questionable transparency, accountability or independence.”

“Surely the Council did not intend to convene an assembly of Cassandras when it established the Special Procedures.”

“The role of parliaments is crucial in ensuring human rights protection while promoting trade.”

“There is no need to adopt more “free trade agreements”, which are asymmetrical agreements providing privileges to investors but no enforceable obligations.”

“The regulatory chill caused by the mere existence of investor-State dispute settlements has effectively dissuaded many States from adopting much-needed health and environmental protection measures.”

“Never must the courts become instruments of injustice. Never should they lend themselves to the execution of manifestly unjust investor-State dispute settlement awards.”

“Competition without solidarity is predator behaviour, especially when competition is rigged in favour of mega-corporations and monopolies.”

“Governments have an obligation to preserve their populations’ cultures as world heritage in accordance with the aim of the United Nations Educational, Scientific and Cultural Organization to promote diversity and oppose cultural imperialism.”

“Although the human rights dimension of trade is obvious, investors and corporations think that they can continue working in a human-rights-free zone.”

“The State has the obligation to prohibit certain business activities in order to protect the lives and welfare of the population.”

“No State will consent to a treaty when negative consequences are likely to outweigh potential benefits.”

“The strengthening of the human rights enforcement system is necessary to counter the prevalent architecture of corporate impunity.”

“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.”

“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.”

“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.”

“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.”

“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.”

“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.”

“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.”

“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.”