A just world order

Over millennia humanity has aspired live in peace with social justice. Pax et iustitia. Philosophers of all cultures have posed fundamental questions of existence on our planet, and how to establish a sustainable world order that serves human dignity and advances our collective and individual rights.

The goal is not just greater gross domestic products, but gross domestic and international happiness as expressed in the Bhutanese proposal which the United Nations General Assembly embraced in 2013 when it declared 20 March International Day of Happiness. Indeed, happiness is a fundamental human goal, which can be achieved through a more inclusive, equitable and balanced approach to economic growth that promotes the happiness and well-being of all peoples. This was also the goal of the Millennium Development Goals and of the 17 Sustainable Development Goals proclaimed in 2015, which seek to end poverty, reduce inequality and protect our planet.

This is an on-going concern, because we have not yet achieved a democratic and equitable world order, notwithstanding international cooperation and coordination promoted by the United Nations Organization and its many agencies, inter alia the World Health Organization, the International Labour Office, and the United Nations Educational Scientific and Cultural Organization.

Today, the United Nations Charter is our only “rules based international order”, akin to a world constitution. This constitution can be amended, but only in cooperation with all world civilizations. Our world order is further developed through international treaties such as the Vienna Convention on the Law of Treaties, the Vienna Conventions on Diplomatic and Consular Relations, the International Covenant on Civil and Political Rights, the International Covenant on Econonmic, Social and Cultural Rights, rulings and advisory opinions of the International Court of Justice, decisions of the Security Council and Resolutions of the General Assembly, notably 2131, 2625, 3314, 39/11, 60/1, etc. Unfortunately, some powerful countries violate the fundamental principles of world order with impunity.

Since 1945 the priorities of the United Nations have been peace, development and human rights. A reality-check demonstrates that although some progress has been achieved, there have been thousands of armed conflicts throughout this period, continuing acts of military aggression, economic wars, unilateral coercive measures and crimes against humanity.

The greatest threat to the survival of the planet is posed by the production and stockpiling of nuclear, biological and chemical weapons that could wipe out humanity. Politicians and media in many countries manufacture hate against other cultures and civilizations, and engage in propaganda for war, a crime prohibited in article 20 of the International Covenant on Civil and Political Rights.

Art 2(3) of the UN Charter already obliges all States to settle disputes by peaceful means. This obligation to negotiate means good faith dialogue with the goal to reach a compromise, a quid pro quo. There is no right to intransigence in the UN Charter, no right to say “my way or no way”. If one party refuses to talk, it is actually violating article 2(3) of the Charter and provoking the other to the use of force. Moreover, provocation always entails the threat of the use of force, which is specifically prohibited in article 2(4) of the Chater.

An atmosphere of confrontation, sabre-rattling and expansion of offensive military alliances to the very frontiers of other states surely constitute a serious threat to international peace and security for purposes of article 39 of the UN Charter and thus fall within the remit of the UN Security Council. The United Nations world order provides forums where differences can be discussed in conformity with the UN Charter. Refusal to negotiate is incompatible with the Object and Purpose of the United Nations and manifests bad faith in contravention of article 26 of the Vienna Convention on the Law of Treaties.

Similarly, once an armed conflict has broken out, the obligation to negotiate continues. The deliberate prolongation of a war, expecting victory or unconditional surrender of one’s adversary is obsolete in the nuclear world, and constitutes not only a crime against peace but also a crime against humanity. Chinas 12-point proposal for peace in Ukraine is coherent, just and implementable. So too the mediation proposals by Pope Francis, the Brazilian President Luiz Inacio Lula and the Mexican President Andrés Manuel Lopez Obrador.

Peoples want peace. It is their unwise governments that stumble into war. It is up to us to demand from our democratically elected leaders that they consult the population on issues of peace and war, on issues of military budgets that take away the right to development and make it nearly impossible to achieve the sustainable development goals. We have less than seven years to achieve the Agenda 2030 for the SDG’s.

In 2011 the United Nations Human Rights Council adopted resolution creating the mandate of an Independent Expert for International Order. I was the first mandate holder and produced 14 reports in the period 2012-18. My successor, Dr Livingstone Sewanyana (Uganda) has advanced the goals of the resolution since 2018.

When I assumed my functions as rapporteurs, I was guided by General Assembly Resolution 60/1 if 24 October 2005. Paragraph 135 stipulates “that democracy is a universal value based on the freely expressed will of people to determine their own political, economic, social and cultural systems and their full participation in all aspects of their lives. We also reaffirm that while democracies share common features, there is no single model of democracy, that it does not belong to any country or region, and reaffirm the necessity of due respect for sovereignty and the right of self-determination. We stress that democracy, development and respect for all human rights and fundamental freedoms are interdependent and mutually reinforcing.” Therefore, it is clear that the notorious attempts by some powerful governments to export a single model of democracy to other countries constitutes an illegal interference in their internal affairs and a violation of the UN principle of the sovereign equality of states.

Excerpted: ‘The Importance of Building a Just World Order to Democracy and the Diversity of World Civilizations’. Courtesy: Counterpunch.org