Lawyers From New York State

"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."

"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."

"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.”"

"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."

"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."

"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."

"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."

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

"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 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."

"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."

"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"

"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."

"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."

"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."

"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."

"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."

"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."

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

"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."

"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."

"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."

"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."

"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."

"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."

"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."

"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."

"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."

"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."

"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."

"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.”"

"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."

"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."

"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."

"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."

"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."

"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 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 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."

"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."

"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 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."

"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."

"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."

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