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Alfred-Maurice de Zayas

212 quotes

“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.”
Alfred-Maurice de Zayas (born 1947) wikiquote, CC BY-SA 4.0 source
“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.”
Alfred-Maurice de Zayas (born 1947) wikiquote, CC BY-SA 4.0 source
“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”
Alfred-Maurice de Zayas (born 1947) wikiquote, CC BY-SA 4.0 source
“Unilateralism is one of the most serious obstacles to achieving a just world order.”
Alfred-Maurice de Zayas (born 1947) wikiquote, CC BY-SA 4.0 source
“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”
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“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.”
Alfred-Maurice de Zayas (born 1947) wikiquote, CC BY-SA 4.0 source
“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.”
Alfred-Maurice de Zayas (born 1947) wikiquote, CC BY-SA 4.0 source
“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.”
Alfred-Maurice de Zayas (born 1947) wikiquote, CC BY-SA 4.0 source
“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.”
Alfred-Maurice de Zayas (born 1947) first seen 2019 wikiquote, CC BY-SA 4.0 source
Recorded in: 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.”
Alfred-Maurice de Zayas (born 1947) first seen 2019 wikiquote, CC BY-SA 4.0 source
Recorded in: 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...”
Alfred-Maurice de Zayas (born 1947) first seen 2019 wikiquote, CC BY-SA 4.0 source
Recorded in: 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.”
Alfred-Maurice de Zayas (born 1947) first seen 2019 wikiquote, CC BY-SA 4.0 source
Recorded in: Quoted in Venezuela crisis: Former UN rapporteur says US sanctions are killing citizens, The Independent (27 January 2019)
“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.”
Alfred-Maurice de Zayas (born 1947) wikiquote, CC BY-SA 4.0 source
“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.”
Alfred-Maurice de Zayas (born 1947) wikiquote, CC BY-SA 4.0 source
“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.”
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“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.”
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“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.”
Alfred-Maurice de Zayas (born 1947) wikiquote, CC BY-SA 4.0 source
“In a world of fake news, fake history, fake law, fake diplomacy, it is no surprise to encounter fake democracy along the way.”
Alfred-Maurice de Zayas (born 1947) wikiquote, CC BY-SA 4.0 source
“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.”
Alfred-Maurice de Zayas (born 1947) wikiquote, CC BY-SA 4.0 source
“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)”
Alfred-Maurice de Zayas (born 1947) wikiquote, CC BY-SA 4.0 source
“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.”
Alfred-Maurice de Zayas (born 1947) wikiquote, CC BY-SA 4.0 source
“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.”
Alfred-Maurice de Zayas (born 1947) wikiquote, CC BY-SA 4.0 source
“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.”
Alfred-Maurice de Zayas (born 1947) wikiquote, CC BY-SA 4.0 source
“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”
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“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.”
Alfred-Maurice de Zayas (born 1947) wikiquote, CC BY-SA 4.0 source
“International law is by nature multilateral. Its ontology is universal and cannot be interpreted or applied selectively, today this way, tomorrow somewhat differently — or not at all. In some cases violations of international law are loudly denounced by the international community; in other circumstances, comparable violations are followed by a deafening silence. Indeed, the “crime of silence” implies tacit consent. Qui tacet consentire videtur. Individuals and States can thereby become complicit in the crime. If not legally, certainly morally.”
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“Experience in the United Nations and other international institutions illustrates how the vast body of international law with all of its treaties and protocols suffers from an acute bout of double standards, both in the interpretation and application of norms. As politicians and journalists invoke international law à la carte, widespread cynicism sets in, resulting in a significant loss of the authority and credibility of the institutions.”
Alfred-Maurice de Zayas (born 1947) wikiquote, CC BY-SA 4.0 source
“The UN Charter, adopted on 24 October 1945, has not lost its relevance in the 21st century. In fact, we need the United Nations more than ever, because the Charter constitutes humanity’s only rules-based order, and its best hope to build a peaceful modus vivendi that will facilitate development and prosperity for everyone on the planet.”
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“The UN General Assembly remains the most representative and least intimidating forum where diplomats can exchange points of view and approaches, where they can craft viable compromises. But 79 years after the adoption of the Charter, new realities have emerged that are not properly reflected in the membership of the UN Security Council. Already in 2005 UN Secretary-General Kofi Annan proposed in his report “In larger Freedom” an expansion of the SC from 15 to 24 members”
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“The United States, Canada, Europe – what we know as the collective West – have turned their backs on the legal commitments undertaken 80 years ago to “save succeeding generations from the scourge of war” and abandoned the over-arching values of the Universal Declaration of Human Rights, the obligations undertaken pursuant to the 1948 Genocide Convention to prevent – not only punish – the crime of genocide.”
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“Instead of strengthening the United Nations Charter as the best hope of survival for humanity, and the only valid “rules based international order”, the collective West has systematically undermined the United Nations system of multilateral negotiation, and is playing really hard ball by a financially blackmailing the Organization and its specialized agencies.”
Alfred-Maurice de Zayas (born 1947) wikiquote, CC BY-SA 4.0 source
“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.”
Alfred-Maurice de Zayas (born 1947) wikiquote, CC BY-SA 4.0 source
“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.”
Alfred-Maurice de Zayas (born 1947) wikiquote, CC BY-SA 4.0 source
“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.”
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“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.”
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Recorded in: 2013 Future of Human Rights Forum .
“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-Maurice de Zayas (born 1947) wikiquote, CC BY-SA 4.0 source
“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.”
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“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.”
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“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.”
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“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.”
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“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.”
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“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.”
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“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.”
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“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.”
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“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.”
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Recorded in: Alfred-Maurice de Zayas 2013 Report of the Independent Expert on the promotion of a democratic and equitable international order
“Let us abandon the obsolete division of rights into artificial categories of first, second and third generation rights – with their intrinsic prejudices. Let us consider redefining human rights in functional terms.I am suggesting a functional paradigm of enabling rights (such as the rights to peace, food, health and homeland), inherent rights (such as equality and non-discrimination), procedural rights (such as access to information, freedom of expression and due process) and what I would call outcome rights, that is, the practical realization of human dignity in the form of the right to our identity, to achieve our potential and to be just who we are, free to enjoy our own culture and opinions. The absence of this outcome right to dignity and self-respect is reflected in much of the strife we see in the world today.”
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Recorded in: 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 (born 1947) first seen 2013 wikiquote, CC BY-SA 4.0 source
Recorded in: Alfred-Maurice de Zayas 2013 Report of the Independent Expert on the promotion of a democratic and equitable international order
“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.”
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Recorded in: Statement by Alfred de Zayas, 20/2/2013 .
“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.”
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Recorded in: 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)
“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.”
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