Alfred de Zayas: Right (page 3)

“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.”

Alfred de Zayas

Report of the Independent Expert on the promotion of a democratic and equitable international order on the right of self determination http://www.ohchr.org/EN/Issues/IntOrder/Pages/Reports.aspx. 2015, Report submitted to the UN General Assembly

“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.”

Alfred de Zayas

AEDIDH Consultation 16. May 2011 http://www.alfreddezayas.com/Lectures/right%20to%20peace.shtml : The United Nations Human Rights to Peace Consultation.

“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 de Zayas

Alfred-Maurice de Zayas 2013 Report of the Independent Expert on the promotion of a democratic and equitable international order
2013

“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.”

Alfred de Zayas

U.N. expert says secret trade deals threaten human rights http://www.reuters.com/article/2015/04/23/trade-rights-idUSL5N0XK54G20150423?feedType=RSS&feedName=everything&virtualBrandChannel=11563. 2015

“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 de Zayas

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 http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12732&LangID=E. 2013

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

Alfred de Zayas

Report of the Independent Expert on the promotion of a democratic and equitable international order on the right of self determination http://www.ohchr.org/EN/Issues/IntOrder/Pages/Reports.aspx. 2015, Report submitted to the UN General Assembly

“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.”

Alfred de Zayas

United Nations General Assembly - Promotion of a democratic and equitable international order http://www.ohchr.org/Documents/Issues/IntOrder/A-68-284_en.pdf. 2013

“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.”

Alfred de Zayas

Statement by Alfred de Zayas, 20/2/2013 http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13030&LangID=E. 2013

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

Alfred de Zayas

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) http://dezayasalfred.wordpress.com/2013/09/26/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/. 2013, 2013 - International Peace Day

“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.”

Alfred de Zayas

2013 Source: United Nations General Assembly - Promotion of a democratic and equitable international order http://www.ohchr.org/Documents/Issues/IntOrder/A-68-284_en.pdf.

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

Alfred de Zayas

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 http://www.ohchr.org/EN/Issues/IntOrder/Pages/Reports.aspx. 2015, Report submitted to the UN General Assembly

“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.”

Alfred de Zayas

United Nations General Assembly - Promotion of a democratic and equitable international order http://www.ohchr.org/Documents/Issues/IntOrder/A-68-284_en.pdf. 2013

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

Alfred de Zayas

Report of the Independent Expert on the promotion of a democratic and equitable international order on the right of self determination http://www.ohchr.org/EN/Issues/IntOrder/Pages/Reports.aspx. 2015, Report submitted to the UN General Assembly

“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.”

Alfred de Zayas

“It is time to recognize the contribution of whistleblowers” – UN expert welcomes commutation of Manning’s sentence
2017, Whistleblowers

“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.”

Alfred de Zayas

Report of the Independent Expert on the promotion of a democratic and equitable international order on the right of self determination http://www.ohchr.org/EN/Issues/IntOrder/Pages/Reports.aspx. 2015, Report submitted to the UN General Assembly

“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 de Zayas

Alfred-Maurice de Zayas 2013 Report of the Independent Expert on the promotion of a democratic and equitable international order
2013

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

Alfred de Zayas

Report of the Independent Expert on the promotion of a democratic and equitable international order on the right of self determination http://www.ohchr.org/EN/Issues/IntOrder/Pages/Reports.aspx. 2015, Report submitted to the UN General Assembly

“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.”

Alfred de Zayas

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 http://www.ohchr.org/EN/Issues/IntOrder/Pages/Reports.aspx. 2015, Report submitted to the UN Human Rights Council

“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.”

Alfred de Zayas

Statement by Alfred de Zayas on World Water Day 22 March 2013 http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=13175. 2013

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

Alfred de Zayas

Report of the Independent Expert on the promotion of a democratic and equitable international order on the right of self determination http://www.ohchr.org/EN/Issues/IntOrder/Pages/Reports.aspx. 2015, Report submitted to the UN General Assembly