A UNITED Nations independent expert has called for European Commission President Jean-Claude Juncker to act as mediator in the growing conflict between Catalonia and Spain ahead of Sunday’s independence referendum.
Alfred de Zayas is one of a number of such experts appointed by the UN to report on specific areas, and his is the promotion of a democratic and equitable international order.
In his letter to Juncker, copied to UN Secretary-General Antonio Guterres, De Zayas said he was concerned by “evidence of violations of fundamental principles of human rights and international law, including the rule of law, and self-determination”.
“It is imperative to facilitate dialogue and thus maintain the social peace,” he said, while noting his concerns about any “false flag activities” that could aggravate the situation and “lead to violence and death”.
On his blog, the expert has published a media statement calling for “calm and respect for all human rights in Catalonia”, and for an end to “repressive and undemocratic measures”.
He called it a matter of urgency, but said the statement had not yet been issued by the Office of the High Commissioner for Human Rights (OHCHR). De Zayas left unanswered the question of censorship, but added: “Any person committed to human rights has a duty to speak out, but many in Brussels and elsewhere seem to prefer silence.”
He said that even if Catalonia voted Yes, independence would not be automatic, adding: “Internal self-determination in a federal state with full autonomy is also an option.
“Even an overwhelming vote for self-determination in a referendum does not mean automatic independence.
“But the Catalans certainly have the right to express themselves by referendum – one way or the other – the same as the Scots and the Quebecois.”
De Zayas said the international law of self-determination had advanced since Woodrow Wilson, and UN Charter and the decolonisation process, but some international lawyers confused it with self-execution.
He said: “Every people has a right to self-determination (Article 1 Covenant on Civil and Political Rights), the right to freedom of expression, including by referendum (Art 19), the right to peaceful assembly (Art 21), to participation in political affairs (Art 25) and to non-discrimination (Art 26 – the Ombudsman has published a report on grave cases of discrimination of the Catalans).
“The problem is not the existence of the rights but their enforcement. That is why I call for a calm head and the readiness for dialogue. Self-determination can also mean internal self-determination by way of full autonomy.”
De Zayas added: “Undoubtedly, the Kurds, the Tamils, the Saharaouis, the Catalans have the right to self-determination.
“Whether they can exercise this right in practice, however, is another matter.
“The right can be frustrated by states that violate international law with impunity – and there are many in this category in our suffering world.
“Yet, it bears repeating that the right of self-determination is a human right, recognised by states as universal.
“It is not a right of states to selectively grant it or not – Article 1 of the Covenant on Civil and Political Rights cannot be applied a la carte. Right holders are the peoples – not the states.”
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