individuals

Blessed be the peacemakers…

Posted on by Susanna Cafaro

 

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“Blessed are the peacemakers,

for they will be called children of God.”

I have always loved the Sermon on the Mount, but I doubt I fully understood it until this morning.

Yes, this morning, in the shower, when I had an intuition (a full download, as a friend of mine would say). No surprise, my best intuitions are often in the shower, that’s when my rational mind is at rest and it doesn’t interfere.

Here it is. Since childhood, I have always thought of the peacemakers (and the meek and the poor in spirit) as the first Christians, the persecuted,  and, then, missionaries, men and women of God and all those who make themselves small and dedicate their lives to others.

I think of them in a non-denominational way, as I see all the religions as equal paths to God and I think that also people outside the official religions may fall within these categories, moved by spirituality or a strong ethical commitment.

Now I see how my reading of that text was limited.

Peacemakers are many more.

I am a peacemaker and I know many peacemakers. Everybody who works to build peace is a peacemaker. Changemakers who have a recipe for peace are peacemakers.

Being a lawyer with a background in the EU law I have my recipe for peace, I see law as a bridge between people, between nations and cultures.

For me peace is not the absence of war, peace is having structures which make war very unlikely: conferences, assemblies, joint committees and councils, and all sorts of places for dialogue. Law is also the tool to frame procedures: decisional procedures which are perceived as legitimate and fair. Once we have shared rules, we have a social pact, we have a legal order and a community, we don’t need anymore to take the law into our own hands, pick up our rifle.

What is true for individuals is true for states as well. Nowadays it is an (almost) universal truth that individuals have surrendered their right to take the law into their own hands as they belong to a society, sharing rules for justice and safety. But the international community – in spite of many efforts – is still half-way between society and Far West.

And I know that my role as peacemaker is to promote bridges instead of walls and guns.

But there are many more peacemakers who are at work to build these and other important tools. Many people involved in civil society organizations are at work to reduce inequalities and violations of fundamental rights which at the roots of many conflicts. Many people, who fund these organizations, are making their activity possible. There are political leaders and activists who promote peaceful political solutions. Social innovators – tech innovators as well as business innovators –  promote new models for shared responsibility for global problems. And many educators and coaches are at work to spread awareness and raise consciousness over the traditional patriarchal and hierarchic models grounded on strength and dominance.

The list is incredibly long.

This post is to tell them they are peacemakers and sons of God.

They too could have fallen in the interpretation trap I fell since childhood, and think that peacemakers are others. Please don’t underestimate yourselves, the world needs you.

If you want to connect with fellow peacemakers, you will meet a good number of them in Lecce,  on April 26-27.

Certain urges…

Posted on by Susanna Cafaro

Who, among you, remembers Woody Allen in Manhattan Murder Mistery stating – “I can’t listen to that much Wagner. I start getting the urge to conquer Poland” ?

There are certain speeches, attitudes, states that simply trigger urges, fears, anxieties.

For me, simply, listening to Donald Trump, Marine Le Pen (or even the Italian Salvini, much less famous) lights up the urge to quote Martin Luther King or Nelson Mandela or Bertolt Brecht… I can’t help, it’s just that I start getting the urge….

So here it is, some Bertolt Brecht I want to share with you all …

 

“First of all, they came to take the gypsies
and I was happy because they pilfered.
Then they came to take the Jews and I said nothing,
because they were unpleasant to me.
Then they came to take homosexuals,
and I was relieved, because they were annoying me.
Then they came to take the Communists,
and I said nothing because I was not a Communist.
One day they came to take me,
and there was nobody left to protest.”

― Bertolt Brecht

 

Refugees as Global Actors

Posted on by Susanna Cafaro

 

Image: UNHCR

Image: UNHCR

Some days ago I came across this beautiful petition (thanks Twitter!), which resonates with my assumption that individuals should have a say about issues and policies which impact on their life, even when they are managed at global level.

I copy/paste it here for you to read and possibly sign:

Internally displaced persons, refugees and people living in exile unite!

Europe is presently facing its biggest refugee crisis since the Second World War. Millions of people are being displaced in Syria and Iraq, as well as in other parts of the world, and many are trying to reach Europe, not only because they hope to be safe there, but also because of the political rights Europeans enjoy and take for granted: the right to free expression, the right to vote and so forth.

Yet, those few who do make it to Europe find themselves excluded from public life, without political rights and without a voice. To challenge that, we, people displaced by force, together with some NGOs and other stakeholders, are starting to organise ourselves with a view to creating new democratic structures both locally and internationally, so that in future internally displaced persons, refugees and people living in exile can offer themselves as dialogue partners to local councils, national parliaments, the European Parliament and the UN.

If you would like to support this initiative, please sign this petition now. We look forward to hearing from you.

If you agree, you can sign it here.

After a Skype conversation with Nico Andreas Heller, promoter of the initiative and founding director of the Democracy School, I found out that this petition is the tip of the iceberg of a wider process, aimed at creating an International Committee of Refugees (ICR), a directly elected, democratically accountable, representative body for internally displaced persons, refugees and people living in exile.

The challenge is tremendous: refugee camps host people from different cultures, religions, life experiences and many of them could have no experience of democracy at all (or don’t buy my or your idea of democracy).

They escape from different realities and for different reasons. They are over 65 millions nowadays and this number could increase over time as it is very possible to imagine climate refugees in the next future, fleeing from extreme climate events.

How the population of a camp could be represented? How the camp could have some kind of self-government to manage its specific needs and solve its internal problems? How the global population of refugees could dialogue with states and international fora – the UN in the first place – about their future?

From a strictly legal point of view, we need to consider that individuals are not unanimously considered subjects of international law, they cannot create an international organization, but just a non-governmental organization (NGO). They cannot dialogue on equal footing with states and international organizations but just enjoy – here and there – a limited observer status.

Nonetheless, an International Committee of Refugees would give them the rights to be aknowledged and to be heard. Which seems to me the minimum threshold for global civic rights. The mobilisation to explore innovative solution is on its way, and we are all invited, you can join it here.

I want to mention another beautiful project, the Project Love  – promoted by the architect and life coach Gregorio Avanzini -intended to create a holistic and scalable solution for refugee camps which includes everything from meeting basic human needs ( nutritious food; clean water; shelter; health care; education; emotional support). This too is an open initiative and everybody could offer his/her own expertise to make a difference.

We cannot ignore that we are facing  “the worst refugee and humanitarian crisis since World War II”( quoting UN Secretary Ban Ki-Moon) and one of the biggest issues in the XXI Century. Denial will just make it bigger.

It’s time to consider people not just as part of the problem, but as part of the solution.

The Global Vote

Posted on by Susanna Cafaro

If you go to The Global Vote, you can pick an election, wherever in the world, and express your vote.

For sure, I will vote on Brexit and on American presidential elections and next year for the French ones…  Why? Because they affect me deeply, even if I live in Italy!

Why should we care about who runs the other countries?

Because to make the world work, we need a world of good leaders. Leaders who consider the needs of every man, woman, child and animal on the planet, not just their own voters.

We, the rest of the world, will achieve this aim by reminding each candidate that we’re here, we care, and we’re watching. We need them to do the right thing for their own country and for the whole of humanity, if they are elected.

By asking each candidate about their international intentions, election after election, that question will eventually become accepted as part of the normal election process for any Head of State or Head of Government. No leader will be able to stand for election unless they have a clear policy for their country’s role in the world and a vision of how they will co-operate and collaborate with other leaders and other populations.

Letting leaders know that we are watching them and evaluating them, we’ll make them pay more attention to the impact they have not just on their country, but on the world.

 The more people vote, the more impact this project will have. Can I ask you to spread the www.globalvote.org link around your own friends, family and networks?

With your help, one country at a time, we can build a world of good leaders. 

This is another great initiative by Simon Anholt, creator of the Good Country Project.

No Man is an Island

No man is an island,
Entire of itself,
Every man is a piece of the continent,
A part of the main.
If a clod be washed away by the sea,
Europe is the less.
As well as if a promontory were.
As well as if a manor of thy friend’s
Or of thine own were:
Any man’s death diminishes me,
Because I am involved in mankind,
And therefore never send to know for whom the bell tolls;
It tolls for thee.

John Donne

Transnational Politics: The Idea Whose Time Has Come.

Posted on by Susanna Cafaro

As Victor Hugo said :

“rien n’est plus puissant qu’une idée dont le temps est venu“

Abolishing slavery or giving voting rights to women were once crazy ideas.

But, one day, somebody started to think that such ideas were – after all – quite reasonable, or even that they felt righ. It took time to build a critical mass of people thinking that way, but it happened: the time was ripe… and such ideas became powerful.

There are ideas or opinions whose time has just come: that individuals are equal no matter their sexual orientation, that little girls have the right to get an education, that women deserve the same salary of men for the same job: in some places this is already obvious (and not from yesterday), but you can see now a global push for that. Time is ripe.

You may also notice that once every nation had its own time for these evolutionary leaps, even if the neighbouring countries and cultures had an influence on it. Europe has always been that way: a sort of civilization soup where ideas moved back and forth across boundaries.

Now, in the global village, ideas are more and more percolating across boundaries. Leaps will happen more and more on a global scale and critical masses will be, more often than not, transnational ones.

Becoming aware of that is a revelation which pushes us to look for our community across boundaries. I’ve found mine in all the individuals living as global citizens and pushing for a transnational dimension of politics, where individuals may play a role.

I want to mention here some friends:  Joseph Robertson from Citizens Climate Lobby -who is at work building an operative Citizens’ Climate Engagement Network, to improve bottom up accountability to the Paris engagements on climate; Philippe Mazuel, founder of the Party of the Citizens of Europe – PACE, who is candidate for the next French presidential elections in order to promote a real European dimension of politics (and if you are French you can support him on LaPrimaire.org);  and Sargon Nissan from the Brettom Woods Project  -who animates the  Bank and IMF’s civil society policy forum pushing for a stronger participation of civil society in order to improve the legitimacy of these global financial institutions.

I could have added more names and more examples, this avant-garde pushing for supranational democracy is not just composed of few isolated individuals, even if they’re not, yet, a critical mass. Ideas need to go their way and infect more and more individuals until, one day, time is ripe.

Then, they become powerful, as Hugo said.

Accountability, inclusivity, Legitimacy

Supranational Democracy in a Nutshell

Quote | Posted on by Susanna Cafaro

A few days ago I had the opportunity to give a speech about the need for democracy at global level and about what we, as individuals, can do.

I post it here because it summarizes well what is explained in several previous posts:

 

 

 

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International Law vs Human Rights

Posted on by Susanna Cafaro

International law sometimes is binding.

International treaties may be amended or repealed by new treaties, customary law can evolve over time (and sometimes it takes centuries), but a core of international law is really binding.

Members’ obligations under the UN Charter override their obligations under any other treaty; decisions by the International Court of Justice are law for the parties to the judgment; resolutions of the UN security Council – grounded on chapter seven of the charter- must be enforced and – of course –  rules of jus cogens are not modifiable.

What happens when this core of international law conflicts with fundamental rights of individuals? what comes first? Most of the legal scholars would say: the binding international rules. As uncomfortable as it appears, the primacy of the rules ensuring the peaceful coexistence of states must be guaranteed.

But aren’t human rights a too high price to pay? And isn’t the system contradicting itself? After all, the United Nations are the cradle of the doctrine of human rights: they gave birth to the  Universal Declaration of Human Rights (1948), another conerstone of international law.

Now, some jurisdictions are challenging the UN system on this same ground of the guarantee of human rights. A couple of meaningful examples will clarify what I’m saying: the Kadi saga and the decision 238/2014 of the Italian Constitutional Court

Scholars of EU Law and of international Law are very familiar with the Kadi and Kadi II decisions which from 2001 to 2013 involved the European Courts in the evaluation of EU acts  implementing a UN Security Council binding Resolution.

In its Kadi judgment,  the European Court of Justice (ECJ) stated that “the Community judicature must (…) ensure the full review, of the lawfulness of all Community acts in the light of the fundamental rights forming an integral part of the general principles of Community law, including review of Community measures which, like the contested regulation, are designed to give effect to the resolutions adopted by the Security Council under Chapter VII of the Charter of the United Nations.”

The resolution we are speaking about ( Resolution 1267 (1999)) established a “Sanctions Committee” responsible in particular for designating the funds or other financial resources which all States must freeze in order to ensure that those funds or are not made available to, or for the benefit of, the Taliban . In Resolution 1333 (2000),  the UN Security Council instructed the Sanctions Committee to maintain an updated list of the individuals and entities designated as associated with Osama bin Laden, and held that States must freeze funds and other financial assets of these individuals. In order to implement this resolution, the Council of the EU adopted, inter alia, the contested Council Regulation 881/2002

Even if the ECJ emphasized that it had no  no power to review the lawfulness of resolutions adopted by the UN Security Council, the European regulation adopted on its ground was annulled as the whole procedure both at UN level and EU level didn’t respect the right of the individual to be heard.

In the community of international lawyers this decision was almost heretical. infact, according to Article 103 of the UN Charter :

‘In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.’

But is the right of the individual to be heard just an European Law principle or is it a cornerstone in the whole human rights doctrine?

And even if one  may have little sympathy with that Saudi businessman (and his well equipped legal team), wasn’t the principle right?

In the so called Kadi II case, mr Kadi then brought new proceedings before the General Court, seeking annulment of Commission’s Regulation 1190/08.  It appeared that the delisting procedure available before the Sanctions Committee failed to offer the minimum guarantees of judicial protection, nor had the system set up at the EU level offered other than a formalistic protection. Even this second Regulation was annulled.

In October 2012 – after more than a decade-  Mr Kadi was delisted by the Sanctions Committee.

In July 18, 2013, the Court of Justice of the EU handed down the judgment in the so-called Kadi II dispute. With this decision, the Court dismissed the appeals brought by the Council, the Commission and the UK against the General Court’s judgment. In so doing, the Court has confirmed that Mr. Kadi’s inclusion in the list was in breach of his fundamental rights.

Now, we are not so much worried for the question whether the primacy of UN Charter obligations is jeopardized as -from a substantial point of view- we are for the non compliance with fundamental human rights by the Security Council

What is really important to point up is that since 2009 there is an  Ombudsperson in the UN System. It was established by Security Council Resolution 1904 (2009) and enhanced by Security Council Resolution 1989 (2011).  He is also in charge for assisting the Sanctions Committee in dealing with delisting requests.

The creation of the Ombudsperson is a direct result of combative individuals and brave judges (see also some cases in domestic courts, such as , Abdelrazik, Hay, Ahmed, etc). I don’t see it as a failure but as a step forward in international law.

Another step forward is suggested by the decision 238/2014 of the Italian Constitutional Court which concerned  the constitutional legitimacy of certain Italian norms which had been adopted by Italy in order to give application to the International Court of Justice’s 2012 Judgment on Jurisdictional Immunities of the State (Germany v. Italy).

This time the clash was between the jurisdictional immunity of states and the rights of victims of war crimes and an “heretical” decision by the Italian Court chose to favor the rights of individuals.

In the dispositif, the Constitutional Court declared Article 3 of Italian law 5/2013 constitutionally unlawful. This article was a specific implementation of the ICJ Judgment of 2012, requiring Italian Courts to decline jurisdiction in any cases where the International Court of Justice had decided that Italian civil Courts should not adjudge upon the conduct of other States; moreover, the Court declared the 1957 Italian law of ratification of the UN Charter constitutionally unlawful,

“with respect to the execution given to Article 94 of the Charter, only to the extent in which it obliges Italian Courts to comply with the Judgment of the International Court of Justice of 3 February 2012, which requires them to decline their jurisdiction in relation to the acts of a foreign State which consist in war crimes and crimes against humanity, impairing inviolable human rights”.
For further explanations of the Court’s reasoning, you can see here.
The conflict between fundamental human rights and international law cannot be healed remaining on the same level of thinking in which it has been generated, what I see here is an effort of the Italian Constitutional Court to move to a new level: giving fundamental rights a different stance vis-a-vis binding international law.

All the Roles of Civil Society (Supranational Democracy Applied)

Posted on by Susanna Cafaro

It is a little-acknowledged truth that civil society plays today a significant role in several important international organizations.

While the legitimacy of international organizations (IOs) is still based on the conferral of competences and participation by member states, their accountability is somehow  enhanced by an increasing dialogue with civil society and every year new inclusive processes are launched to involve in consultations NGOs and other non-statual actors.

Of course, not all the IOs are evolving in this direction and among the evolving ones the pace may differ, but when this happens in big organizations as the UN, the UNDP, the World Bank – and on big issues such as climate change or post 2015 development agenda – the phenomenon deserves a serious analysis.

What exactly is happening in these important  organizations? What role does civil society play? Is it up to the task?

Let’s take a closer look.

The roles that civil society can play are various. The first and typical one is a role of watchdog: they observe, evaluate and – if necessary – raise public concern about any misconduct or abuse of power. In this role, many NGOs have significantly contributed to transparency, giving voice to a need of information which is the first step in order to watch and evaluate. Several IOs have accepted the challenge of opening up, a progress which has to be credited to the efforts of civil society. In this role NGOs enhance accountability.

A more sophisticate – formal or informal- role is the one of advisors. The choices of international organizations may be legitimate ones, may even be inspired by the best intentions. Still, often, other solutions are possible, with better outcomes or a more desirable social impact. The mere fact that a solution doesn’t come from a top- down approach but  stems from a dialectical process makes it more politically acceptable. Of course, proposals and suggestions from NGOs don’t find an easy way through the complex machinery of the IOs decisional process. Often, they are nothing more than messages in a bottle, but still…

The more civil society is able to participate in decisions, the more it strengthens the democratic legitimacy of an organization, adding elements of supranationality to their decision making process.

A third role of civil society is giving voice to “those who are not in the room”: minorities, people living in extreme poverty or impaired by a lack of literacy. In this role, civil society may tell unconfortable truths and raise awareness, it is maybe the most precious role of all, serving social inclusion.

Now, the second question  naturally arises: are non-governamental organizations up to the task?

Are, themselves, legitimate, accountable, inclusive?

It is impossible to give universal or definitive answers: every NGO is an organization of its own kind. Possible answers come from the transparency of their inner decisional process, their budget (especially their financing), their tools and ways of acting. Decisional and budget autonomy is the dividing line between real and fake NGOs (the so-called GONGOs, serving the interests of some undemocratic government).

Moreover, civil society cannot, in any way, be considered as a spokesman or as an interpreter of a global population or, more precisely a global “demos”, whose very existence is extremely controversial in doctrine. NGOs represent just their members, citizens engaged and active on the global stage. We can only wish that their number will increase over time.

Let’s give some examples of this increasing role of civil society:

The non-governmental organizations (NGOs) interacting with the UN Economic and Social Committee grew exponentially in the last decade both in number and participation: in 1946 member NGOs were 41; in 1992 more than 700, in 2011 more than 3400. Specific websites have been set to interact with civil society and collect their opinions on several topics.

Specific polls and meetings are dedicate to interact on important issues, such as the post-2015 sustainable development goals.

During the  IMF/World bank annual and spring meetings, a civil society policy forum gives to NGOs the opportunity to interact among them and a specific meeting – the Town hall meeting – allows them to engage directly with the president of the Bank and the managing director of the IMF. Other, more restricted, consultations and meetings happen during the year and they have contributed significantly to increase transparency in the two organizations (especially in the Bank). Moreover, development projects on the grounds may involve local civil society.

The UNDP Civil Society Advisory Committee was created in 2000 as a formal mechanism for dialogue between civil society representatives and UNDP’s senior management on key issues of policy and strategy. UNDP regularly invites civil society representatives to engage on current development issues as they are key actors in development and participatory governance.

Although these processes should not be overestimated, they cannot be dismissed as “democratic embellishments”, because they are in fact enabling the emergence of supranational polities.

Looking at the same phenomenon from the NGOs’ side, we can only welcome the increasing awareness of citizens engaged in global processes.

A good example is provided by the Citizens’ Climate Lobby, a non-partisan, non-profit organization that trains and supports local teams of citizen volunteers to become policy advisors to their own elected legislators. The organizations is active in many countries and in all the 5 continents, it is actually building an open network aimed at monitoring and enhancing the work of governments to achieve decarbonization, so to have a say in the next United Nations Frame Convention on Climate Change in Paris in December 2015.

The campaign name is “Pathway to Paris“. It is an interesting lab of participatory democracy and I suggest you keep an eye on it.

The Basics of Democracy: 3. Inclusiveness

Posted on by Susanna Cafaro

It could be easy to think that a legitimate governance plus a number of accountability channels give, as a result, a real democratic system. And it is so, impossible to deny.

Unfortunately, it is so in a utopian world, where citizens are really equal. Equality is a precondition to making each vote count and each trial be fair, to give everybody the same opportunities to access democratic rights and to see guaranteed their civil rights. Alas, formal equality isn’t enough and substantial equality is far from being the reality, so we need inclusiveness.

Inclusiveness is the specific target to include citizens into the channels of participatory democracy or to help them access the accountability channels. Without a specific commitment to inclusiveness, the processes to make international organizations legitimate and accountable will remain the privilege of a white, English-speaking elite, with high academic qualifications, connected to the internet. Just have a look at most of the civil society active at the global level and you will see it.

It is OK. I don’t want to delegitimize the civil society active on the global stage or underestimate its precious (invaluable!) avant-garde role. But, after the avant-garde -better soon than late- I hope to see a more diverse, multicultural civil society, really representative of the world pluralism.

A substantial -and not merely formal- democracy requires specific tools for inclusiveness aimed at stimulating the widest possible participation.

Where to start from? Let’s start from formal equality where it is still needed: gender equality (and the right to education for boys and girls), equality before the law, equality no matter the sexual orientation, the ethnicity, the origins and the life conditions.

But then, let’s move to substantial equality: fundamental rights, civil rights, political rights, rights to access and participation. We’ll discover easily that on the side of substantial equality there is still much to do almost everywhere. Nothing seems more difficult than guaranteeing equality before international organizations where we see further obstacles. This implies: overcoming the gap known as the digital divide, both in cultural as well as in infrastructural terms; going beyond the obvious barriers that stem from cultural and linguistic diversity, reaching minorities and disadvantaged groups; overcoming national barriers which may be the result of some governments’ obstructionism. A cultural engagement, here, should go hand in hand with a conspicuous economic investment and with specific strategies.

This point would deserve to be listed among the sustainable development goals…

The Basics of Democracy: 1. Legitimacy

Posted on by Susanna Cafaro

We associate legitimacy with free elections.

National legal orders are perceived as legitimate if they are the result of a democratic constituent process and if parliaments (and governments) are periodically renewed through free elections.

In international organizations, it isn’t so simple.

International law knows just one way to recognize as legitimate an IO: the respect of the rule of law.

It is that simple:

1. An organization is legitimate if it has been established by a valid and ratified international treaty and respects international law.

2. It works legitimately if it respects its establishing treaty and the rules and procedures adopted according to it.

This is not surprising, as most of the International organizations were created after WWII when the world was much less interconnected and the state was considered the only legal framework for democracy.

Luckily, something is (very slowly) changing.

Problems:

I. What if rules and procedures just cover a mere balance of powers, ignoring the rights of individuals or even of the weaker states?

II. How can legitimacy work in a society of states, which is not a society of equals? How a governance system may fairly represent all them?

III: Is it possible to imagine a legitimacy stemming not from states but from individuals and, if so, how?

Of course, we could imagine more and more problems to solve, but these are enough to start with… so, let’s try to offer some contribution to the solution.

I.

Beside this legitimacy descending from the respect of the rule of law there is (or should be!) another, more substantial point: an organization is perceived as legitimate if it pursues the objectives assigned to it and reflects the common values shared by its members. And perception is important when the effectiveness of the decisions adopted rests on national systems of enforcement.

II.

An organization is considered legitimate if its decisional bodies are perceived as representative of its members. As states are all but equals,  it is accepted in most international organizations the principle that Member States are represented differently as they reflect different realities (in size, wealth, power)

The decision-making bodies nonetheless enjoy a greater or lesser degree of representation depending on the way they reflect directly or indirectly the membership. When their representation is mediated by weighted voting, it is quite possible that some states do not feel adequately reflected in the number of votes they express.

Are the current parameters the correct ones to reflect their differences? Could we imagine different criteria to make some countries more prominent than others (and not just the winners or WWII or those having bigger GDP?). No matter there are better ways to reflect their contributions to the world, as the HDI index or even more creative, as the Good Country one.

III.

Of course, it would be all different if representativeness was referred to individuals, instead of states.

In this case, it would be necessary to pay specific attention to the main form of legitimacy: free elections and – as a consequence – an elected parliament. This is what already happens in the EU and this is what many scholars and activist think should happen in the United Nations. Today, 24 parliamentary assemblies are institutionally part of international organization, the oldest one being the Parliamentary Assembly of the Council of Europe, established in 1946

The equal representation of the states and the equal representation of their citizens, therefore, are potentially in conflict: proportional representation applied to whole humanity would make a couple of countries rule the world (if they just voted all the same, something whitch I doubt, but still…). So, some kind of degressive proportionality has to be imagined, weighting more the citizens of small countries and less those of the bigger ones. You may think all this is nothing but a speculative exercise, but I assure you that this may be something very realistic if only it is given a chance (and for sure it is worth the effort of distinguished colleagues).

Without going so far, some international organizations are equipped with parliaments which are not directly elected, but represent nonetheless their citizens through national parliaments’ members. It is a first step. Even in the EU the story started so: the Assembly of the European Economic Community asked from the very beginning – and obtained step by step – to become a real parliament.

Interesting examples of such parliamentary bodies are the Parliamentary Assembly of the Council of Europe,  the Pan-African Parliament of the African Union, the OSCE Parliamentary Assembly, while the Parlamento del Mercosur is rapidly evolving into a directly elected chamber. Unfortunately, these important institutional actors mostly play a consultative role.

But parliaments are not the only possible tools for democratic legitimacy.

Alternative solutions do exist, grounded on creativity and political will.

Have a look at what happens in the Global Fund to Fight AIDS, Tubercolosis and Malaria, in the Kimberley Process, in the Internet Governance Forum, in the Global environmental facility. All of them involve in original ways states, individuals and other stakeholders. And they are all different!

There is much room for legal creativity in the globalized world and it is time to take advantage of it.