I regret the decision of the Spanish Government to suspend Catalan autonomy. This action constitutes a setback in the protection of human rights, incompatible with Articles 1, 19, 25 and 27 of the International Covenant on Civil and Political Rights (ICCPR). In accordance with Articles 10 (2) and 96 of the Spanish Constitution, international treaties are the law of the land and, therefore, the Spanish law must be interpreted in accordance with international treaties.
Denying a people the right to express themselves on the subject of self - determination, denying the legality of a referendum, use force to avoid holding a referendum and cancel the limited autonomy of a people as punishment it constitutes a violation of Article 1 the ICCPR and the International Covenant on Economic, Social and Cultural Rights. Alternatively, address the aspiration of peoples to self - determination in a timely manner is an important measure of conflict prevention, as evidenced by the countless wars that have occurred since 1945 that originated in denial of self - determination. It should encourage dialogue and political negotiation to prevent violence.
The Spanish government seems to invoke the principle of territorial integrity to justify the energetic attempts to silence political dissent and aspirations for self -determination . While the principle of territorial integrity is important, as understood in many resolutions of the United Nations, including resolutions 2625 and 3314 of the General Assembly, it is intended to be applied externally to prohibit threats or foreign incursions into the territorial integrity sovereign states. This principle can not be invoked to calm the right of every person, guaranteed by Article 1 of the International Covenants on Human Rights, to express their desire to control their future.The right to self -determination is a right of peoples and not the prerogative of States to grant or deny. In case of 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 people around the world who aspire to self - determination, either internally in the form of autonomy or independence as external. And while the realization of self - determination is not automatic or self - executing, is a fundamental human right that the international community should help implement.
International law to self - determination has also progressed far beyond mere decolonization.Applying the 15 criteria contained in my 2014 report (paragraphs 63-77), it is clear that no State may use the principle of territorial integrity to deny the right of self -determination and arguments on the legality of actions taken by the elected parliament Catalonia are immaterial. Such arguments do not override the character "ius cogens" self -determination.
The only democratic solution to the current state is to suspend the repressive measures and organize a referendum to determine the true wishes of the people concerned. Such a referendum should be supervised by the EU, the OSCE and private observers, including the Carter Center.
Alfred de Zayas.
Source: http://www.ohchr.org
Denying a people the right to express themselves on the subject of self - determination, denying the legality of a referendum, use force to avoid holding a referendum and cancel the limited autonomy of a people as punishment it constitutes a violation of Article 1 the ICCPR and the International Covenant on Economic, Social and Cultural Rights. Alternatively, address the aspiration of peoples to self - determination in a timely manner is an important measure of conflict prevention, as evidenced by the countless wars that have occurred since 1945 that originated in denial of self - determination. It should encourage dialogue and political negotiation to prevent violence.
The Spanish government seems to invoke the principle of territorial integrity to justify the energetic attempts to silence political dissent and aspirations for self -determination . While the principle of territorial integrity is important, as understood in many resolutions of the United Nations, including resolutions 2625 and 3314 of the General Assembly, it is intended to be applied externally to prohibit threats or foreign incursions into the territorial integrity sovereign states. This principle can not be invoked to calm the right of every person, guaranteed by Article 1 of the International Covenants on Human Rights, to express their desire to control their future.The right to self -determination is a right of peoples and not the prerogative of States to grant or deny. In case of 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 people around the world who aspire to self - determination, either internally in the form of autonomy or independence as external. And while the realization of self - determination is not automatic or self - executing, is a fundamental human right that the international community should help implement.
International law to self - determination has also progressed far beyond mere decolonization.Applying the 15 criteria contained in my 2014 report (paragraphs 63-77), it is clear that no State may use the principle of territorial integrity to deny the right of self -determination and arguments on the legality of actions taken by the elected parliament Catalonia are immaterial. Such arguments do not override the character "ius cogens" self -determination.
The only democratic solution to the current state is to suspend the repressive measures and organize a referendum to determine the true wishes of the people concerned. Such a referendum should be supervised by the EU, the OSCE and private observers, including the Carter Center.
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