UN human rights experts welcome Greek referendum and call
for international solidarity
GENEVA (30 June 2015) – Two United Nations human rights
experts today welcomed the holding of a referendum in Greece to decide by
democratic process the path to follow to solve the Greek economic crisis
without deterioration in the human rights situation.
The UN Independent Experts on the promotion of a
democratic and equitable international order, Alfred de Zayas, and on human
rights and international solidarity, Virginia Dandan, stressed that there is
much more at stake than debt repayment obligations, echoing a warning* issued
earlier this month by the UN Independent Expert on foreign debt and human
rights, Juan Pablo Bohoslavsky.
“All human rights institutions and mechanisms should
welcome the Greek referendum as an eloquent expression of the self-determination
of the Greek people in conformity with article 1 of the International Covenant
on Civil and Political Rights and in pursuance of article 25 ICCPR on public
participation. Indeed, a democratic and equitable international order requires
participation by all concerned stakeholders in decision-making and respect for
due process, which can best be achieved through international solidarity and a
human rights approach to the solution of all problems, including financial
crises.
It is disappointing that the IMF and the EU have failed
to reach a solution that does not require additional retrogressive austerity
measures. Some leaders have expressed dissatisfaction with the idea of holding
a referendum in Greece. Why? Referenda
are in the best traditions of democratic governance.
No one can expect the Prime Minister of Greece to
renounce the commitments he made to the people who elected him with a clear
mandate to negotiate a fair solution that does not dismantle Greek democracy
and lead to further unemployment and social misery. Capitulating to an
ultimatum imposing further austerity measures on the Greek population would be
incompatible with the democratic trust placed on the Greek Prime Minister by
the electorate. By nature, every State has the responsibility to protect the
welfare of all persons living under its jurisdiction. This encompasses fiscal
and budgetary sovereignty and regulatory space which cannot be trumped by
outside actors, whether States, inter-governmental organizations or creditors.
Article 103 of the UN Charter stipulates that the Charter
provisions prevail over all other treaties, therefore no treaty or loan
agreement can force a country to violate the civil, cultural, economic,
political and social rights of its population, nor can a loan agreement negate
the sovereignty of a State. Any agreement that would require such a violation
of human rights and customary international law is contra bonos mores and hence
null and void pursuant to Art. 53 of the Vienna Convention on the Law of Treaties.
A democratic and equitable international order requires a
commercial and financial regime that
facilitates the realization of all human rights. Inter-governmental
organizations must foster and under no conditions hinder the achievement of the
plenitude of human rights.
Foreign debt is no excuse to derogate from or violate
human rights or to cause retrogression in contravention of articles 2 and 5 of
the International Covenant on Economic, Social and Cultural Rights.
In 2013, the Independent Expert on foreign debt and human
rights stated that the policy austerity measures adopted to secure additional
financing from the International Monetary Fund, the European Commission and the
European Central Bank had pushed the Greek economy into recession and generally
undermined the enjoyment of human rights, particularly economic, social and
cultural rights.
This is the moment for the international community to
demonstrate solidarity with the people of Greece, to respect their democratic
will as expressed in a referendum, to proactively help them out of this
financial crisis, which finds a major cause in the financial meltdown of
2007-08, for which Greece bears no responsibility.
Indeed, democracy means self-determination, and
self-determination often calls for referenda – also in Greece.”
(*) Read the statement by the UN Independent Expert on
foreign debt and human rights (2 June 2015) – “Greek crisis: Human rights
should not stop at doors of international institutions, says UN expert”:
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16032&LangID=E
ENDS
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.
Learn more, log on to:
International solidarity:
http://www.ohchr.org/EN/Issues/Solidarity/Pages/IESolidarityIndex.aspx
International order:
http://www.ohchr.org/EN/Issues/IntOrder/Pages/IEInternationalorderIndex.aspx
See the 2014 report on Greece by the Independent Expert
on foreign debt: (A/HRC/25/50/Add.1): http://www.ohchr.org/EN/Issues/Development/IEDebt/Pages/CountryVisits.aspx
UN Human Rights, country page – Greece:
http://www.ohchr.org/EN/countries/ENACARegion/Pages/GRIndex.aspx
For more information and media requests please contact
Thibaut Guillet (+41 22 917 9389 / tguillet@ohchr.org) or write to
ie-internationalorder@ohchr.org
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