CATALONIA
UN independent expert urges Spanish Government to reverse decision on Catalan autonomy
GENEVA (25 October 2017) - The UN Independent Expert on the promotion
of a democratic and equitable international order, Alfred de Zayas, is
calling on Spanish authorities to enter into negotiations in good faith
with leaders in Catalonia following the announcement that the Spanish
Government would suspend the region’s autonomy. On 19 October, the
Spanish Government announced its intention to impose direct rule on the
region after a deadline seeking an end to the Catalan independence
campaign was not met. His statement is as follows:
“I deplore the
decision of the Spanish Government to suspend Catalan autonomy. This
action constitutes retrogression in human rights protection,
incompatible with Articles 1, 19, 25 and 27 of the International
Covenant on Civil and Political Rights (ICCPR). Pursuant to Articles
10(2) and 96 of the Spanish Constitution, international treaties
constitute the law of the land and, therefore, Spanish law must be
interpreted in conformity with international treaties.
“Denying a
people the right to express themselves on the issue of
self-determination, denying the legality of a referendum, using force to
prevent the holding of a referendum, and cancelling the limited
autonomy of a people by way of punishment constitutes a violation of
Article 1 of the ICCPR and of the International Covenant on Economic,
Social and Cultural Rights. Alternatively, addressing the aspiration of
peoples to self-determination in a timely fashion is an important
conflict prevention measure, as is evidenced by the countless wars that
have occurred since 1945 that found their origin in denial of
self-determination. Dialogue and political negotiation should be
encouraged to prevent violence.
“The Spanish Government appears
to invoke the principle of territorial integrity to justify forceful
attempts to silence political dissent and aspirations of
self-determination. While the principle of territorial integrity is
important, as understood in many United Nations Resolutions, including
GA Resolutions 2625 and 3314, it is intended to be applied externally,
to prohibit foreign threats or incursions into the territorial integrity
of sovereign States. This principle cannot be invoked to quench the
right of all people, guaranteed under Article 1 of the International
Covenants on Human Rights, to express their desire to control their
futures. The right of self-determination is a right of peoples and not a
prerogative of States to grant or deny. In case of a conflict between
the principle of territorial integrity and the human right to
self-determination, it is the latter that prevails.
“Of course,
there are many peoples worldwide who aspire to self-determination,
whether internal in the form of autonomy or external in the form of
independence. And while the realization of self-determination is not
automatic or self-executing, it is a fundamental human right that the
international community should help implement.
“The international
law of self-determination has also progressed far beyond mere
decolonization. Applying the 15 criteria contained in my 2014 report
(paras 63-77), it is evident that no state can use the principle of
territorial integrity to deny the right of self-determination and that
arguments about the legality of actions taken by Catalonia’s elected
parliament are immaterial. Such arguments do not nullify the ius cogens
character of self-determination.
“The only democratic solution to
the current impasse is to suspend repressive measures and to organize a
referendum so as to determine the true wishes of the population
concerned. Such a referendum should be monitored by the EU, OSCE and
private observers including the Carter Center.”
ENDS
Mr.
Alfred de Zayas (United States of America) was appointed as the first
Independent Expert on the promotion of a democratic and equitable
international order by the Human Rights Council, effective May 2012. He
is currently professor of international law at the Geneva School of
Diplomacy. Mr. de Zayas practiced corporate law and family law in New
York and Florida. As a Human Rights Council mandate holder, he is
independent from any government or organization and serves in his
individual capacity.
The Independent Experts are part of what is
known as the Special Procedures of the Human Rights Council. Special
Procedures, the largest body of independent experts in the UN Human
Rights system, is the general name of the Council’s independent
fact-finding and monitoring mechanisms that address either specific
country situations or thematic issues in all parts of the world. Special
Procedures’ experts work on a voluntary basis; they are not UN staff
and do not receive a salary for their work. They are independent from
any government or organization and serve in their individual capacity.
