Open letter from a Eurocitizen living in London: Brits, vote for #Brexit.

This post was published first in Open Democracy.

London-Cable-Car-Emirates-Air-Line-1I have lived in England for nearly five years, mostly in London, but for personal reasons I have also become familiar with other parts of the country as well. I have always felt welcome here – for which I am grateful. I like England very much. I adore the preciseness of language, the humour, the diversity and buzz of the capital… I don’t even mind the weather! Ideally, I would like to stay for some time.

This is my caveat, which I believe to be necessary since I will argue that the European Union would be better off without the United Kingdom.

The UK has been part of the European Communities and then the EU for more than four decades. In the second half of this period it has enjoyed a special treatment granted by the other Member States. It did not adopt the Euro, it does not participate in Schengen, and it can pick and choose from within the areas of security, justice and police cooperation as it pleases. Even the EU Charter of Fundamental Rights is not fully applicable in the UK.

But, as is well known, David Cameron promised to get more leeway or leave. After intense talks behind closed doors, on 19 February the European Council discussed and agreed on a new settlement for the UK in the EU. Brits will be called to an in-or-out referendum scheduled for 23 June.

I say it is time to fly free – both for the UK and for the rest of the EU..

As a EU citizen (Spanish national) living in London, I urge you to vote for #Brexit. Continue reading

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Why does the Basque Country seem so quiet about independence nowadays?

This article was published first in Open Democracy.

Basque nationalism has never held more institutional power.

Together, the Basque moderate nationalist party (PNV) and the pro-independence left (Bildu, “Unite”) hold 60% of the vote and 64% of the seats (48/75) at the Parliament of the Basque Country. Navarre, which constitutes a separate administrative region but lies at the core of the Basque motherland in the nationalist narrative, is now ruled by a coalition comprised by a pro-Basque party (Geroa Bai, “Yes to the future”), Bildu and the rather small Spanish Izquierda Unida (“United Left”). Nationalism is in command in all three provincial governments, the three main Basque cities, Pamplona (Hemingway’s and other San Fermin lovers’ delight), and the vast majority of towns in the region.

Considering the nationalist surge in Catalonia and elsewhere in Europe (Scotland, Belgium, Corsica…), why does the Basque Country seem so quiet about independence? I believe this is due to three main factors, one institutional, one historical and a strategic one, and that there is a common thread through all three of them: the economic crisis. Bear with me. Let me explain. Continue reading

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Ecocide: the international crime that could have been but never quite was

This post was first published in NBXMain in October 2015

Genocide, war crimes and crimes against humanity are international crimes and, since 2002, the International Criminal Court (ICC) can investigate individuals accused of having committed acts of that nature. From 2017, under certain circumstances the ICC will also have jurisdiction in relation to the crime of aggression. These are the four international crimes recognised in the Statute of the ICC. There was a time, however, when scholars, international bodies and even some government officials spoke about a possible fifth international crime: Ecocide.

Ecocide was a crazy idea promoted by a bunch of visionary/loony academics of the late 1960s and early 1970s. Aware of the fact that human action was causing irreparable damage to the ecosystem, they argued that humanity as a whole could be considered to be the victim of premeditated forms of aggression against the environment.

The idea could have remained an exercise of academic engineering had it not resonated, even if mildly, in international political discourse. Most famously, the then Prime Minister of Sweden, Olaf Palme, said in his opening address of the 1972 Stockholm Conference on Environment:

”The immense destruction brought about by indiscriminate bombing, by large scale use of bulldozers and herbicides is an outrage sometimes described as ecocide, which requires urgent international attention.”  Continue reading

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Should rights be submitted to referendum? (You won’t find the answer here)

0fe51435c8d9f2e165e32117bb1d8c65-800xEarlier this year, many of us felt proud of Ireland. 62% of Irish people voted to proclaim marriage equality in the national constitution. Ireland, a country of profound Catholic roots, had become the first country to recognise at the constitutional level the right to marriage regardless of sexual orientation. It was very good news for those who believe in human rights, equality and non-discrimination.

Last week, only seven months after the Irish vote, 63.5% of the Slovenian electorate rejected a law allowing same-sex marriage. Turnout was rather low (36%), lower than in Ireland (61%), but enough to make the result just as valid. The result was particularly disappointing considering that in 2005 Slovenia became the first Eastern European country to legally recognise same-sex partnerships. (By the way, two days after Slovenia voted against equal marriage, the Greek Parliament voted in favour of civil partnerships for gay people).

Reportedly, the Slovenian constitution forbids referendums on human rights issues, but the Constitutional Court authorised the popular vote called by a civic platform (suggestively named “Children Are At Stake”) that had gathered more than 40,000 signatures.

I haven’t been able to find the ruling in English, so I am not familiar with the Court’s reasoning, but the Slovenian story makes me wonder: Should rights be submitted to referendum? Continue reading

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La vivienda no ha sido un derecho durante la crisis. ¿Lo será después?

Según datos del Instituto Nacional de Estadística, la cantidad de hipotecas concedidas aumentó casi un 22% entre julio de 2014 y el mismo mes de 2015, hasta llegar a las 21.863 operaciones. Este número está todavía lejos de las 130.000 de 2005 o 2007, pero sugiere que el mercado inmobiliario español puede estar remontando. La crisis todavía no pertenece al pasado. Pero ahora que parece que la economía vuelve a construirse con ladrillo, resulta necesario preguntarse: ¿Seremos capaces de edificar una política de vivienda sobre la base de los derechos humanos?

En los últimos años centenares de miles de personas han perdido sus viviendas a consecuencia de ejecuciones hipotecarias. Muchas siguen a día de hoy en esta misma situación.

Continue reading

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Bombardment of Damascus 90 years later: Two questions around the Responsibility to Protect

France bombed Damascus 90 years ago as a reaction to the Syrian revolt for independence. France held the mandate over Syria under the League of Nations authority. The day after an attack against French troops, France bombed the city for 48 hours. It is said that between 1000 and 5000 people died. Bombardments continued the following months.

France’s intervention was authorised by the Western powers and by the League of Nations. And precisely the endorsement of the League triggered the reaction of Arab critics: Was France allowed by international law to intervene militarily in Syria? Continue reading

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Dear fellow jurists, human rights are about politics, and that’s perfectly fine

socialjusticeFor decades, the global human rights community has seen human rights as a matter of law, mostly international law. Economic, social and cultural rights, however, are meant to be progressively realized making use of all available resources. The violations approach and the work on their justiciability do not address the structural factors that constrain the enjoyment of these rights. Human rights are about policy and politics as much as about law. There is room for human rights advocacy outside and beyond the limits of the law.

Abstract of a chapter by Koldo Casla in Can human rights bring social justice?, book edited by Amnesty International Netherlands in the Changing Perspectives on Human Rights collection.

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