Alfred de Zayas quotes - page 3
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.
Alfred de Zayas
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.
Alfred de Zayas
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.
Alfred de Zayas
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.
Alfred de Zayas
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.
Alfred de Zayas
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.”.
Alfred de Zayas
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.
Alfred de Zayas
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”.
Alfred de Zayas
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
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.
Alfred de Zayas
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
