WUNRN
Contact details of (main) NGO:
NGO
Name: International Society for Human Rights
Name
of main contact person: David Fernández Puyana and Alfred de Zayas
Phone
number: 0033450421917 (
E-mail:
david.fernandez-puyana@orange.fr, zayas@bluewin.ch
Language(s): ENGLISH
AND SPANISH
HUMAN RIGHTS COUNCIL
Twelve session
Agenda item 3
Joint
written statement submitted by (provisional
list) The International Alliance of Women
(IAW), the Commission of the Churches on International Affairs of the World
Council of Churches (CCIA/WCC), the International Association of Soldiers for
Peace, Zonta International, International the Federation of Settlements and
Neighbourhood Centres (IFS), the International Council Of Women (ICW-CIF), the International Women's Tribune Centre, the
International Federation of Business and Professional Women (BPWI), the
International Youth and Student Movement for the United Nations (ISMUN),
Soroptimist International (SI), the Asian Legal Resource Centre (ALRC),
CIVICUS: World Alliance for Citizen Participation, World Vision International
(WVI), Buddha’s Light International Association, the International Council on
Social Welfare (ICSW), the World Young Women’s Christian Association (World
YWCA), non-governmental organizations with general consultative
status
The Federación
de Asociaciones de Defensa y Promoción de los Derechos Humanos (España),
Interfaith International, Pax Romana (International the Catholic Movement for
Intellectual and Cultural Affairs and the International Movement of Catholic
Students), Temple of Understanding (TOU), the Women’s International League for
Peace and Freedom (WILPF), the Women’s World Summit Foundation (WWSF), Ithe
nternational Society for Human Rights (ISHR), the International Federation of
University Women (IFUW), Femmes Africa Solidarité (FAS), the Lutheran World
Federation (LWF), the Worldwide Organization for Women (WOW), the Anglican
Consultative Council (ACC), the Union of Arab Jurists, Rencontre Africaine pour
la Defense des Droits de l’Homme (RADDHO), the Foundation for the Refugee
Education Trust (RET), International Bridges to Justice (IBJ), the
Inter-African Committee on Traditional Practices Affecting the Health of Women
and Children (IAC), the American Association of Jurists (AAJ), the
Lassalle-Institut, the UNESCO Centre of Catalonia, the Anti-Racism Information
Service (ARIS), the Colombian Commission of Jurists (CCJ), the Pan Pacific and
South East Asia Women’s Association (PPSEAWA), the Ius Primi Viri International
Association (IPV), the Permanent Assembly for Human Rights (APDH), the
International Movement for Fraternal Union Among Races and Peoples (UFER), the
International Federation of Women Lawyers (FIDA), the International Federation
of Women in Legal Careers (FIFCJ), the Canadian Federation of University Women
(CFUW), the International Association for Women's Mental Health (IAWMH), the
European Union of Women (EUW), the African Services Committee, Inc., the
International Federation of Family Associations of Missing Persons from Armed
Conflict (IFFAMPAC), African Action on AIDS, the International Society for
Traumatic Stress Studies (ISTSS), the Lama Gangchen World Peace Foundation
(LGWPF), the Pax Christi International, International Catholic Peace Movement,
the Tandem Project, the Al-Hakim Foundation, Canadian Voice of Women for Peace
(VOW), the Organization for Defending Victims of Violence (ODVV), Solar Cookers
International (SCI), the World Federation for Mental Health (WFMH), the United
States Federation for Middle East Peace, Network Women in Development Europe,
the Nord -Sud XXI, General Arab Women Federation, the United Towns Agency for
North-South Cooperation, the World Association for the School as an Instrument
of Peace, the International Organization for the Elimination of All Forms of
Racial Discrimination (EAFORD), Latin American Committee for the Defense of
Women’s Rights (CLADEM), the African Women’s Association (AWA), the United
Nations Association of Spain (ANUE), Maryknoll Fathers and Brothers, Maryknoll
Sisters of St. Dominic, the International Forum for Child Welfare, the BADIL
Resource Center for Palestinian Residency and Refugee Rights, the African
Commission on Health and Human Rights Promoters, the Arab Lawyers Union, the
General Federation of Iraqi Women, the International Federation of Social Workers
(IFSW), the International Association of Peace Messenger Cities (IAPMC), the
Committee for Hispanic Children and Families, Peace Boat, Paix et Developpement
dans la Region des Grands Lacs (AIPD), the Federation for Peace and
Conciliation (FPC), the Cairo Institute for Human Rights Studies (CIHRS), the
World for the World Organisation (WFWO), the Universal Esperanto Association,
the National Council of German Women’s Organisations, Associated Country Women
of the World (ACWW), International Grail, the Council of American Overseas
Research Centres, ICVolunteers (ICV), the International Association for the
Defence of Religious Liberty (AIDLR), Zenab for Women in Development, The
Grail, UNANIMA International, Fondation SURGIR, Association for Democratic Initiatives
(ADI), Congregation of our Lady of Charity of the Good Shepherd, non-governmental
organizations with special consultative status,
The
Institute for Planetary Synthesis (IPS), the International Peace Bureau (IPB),
the UNESCO Centre for the Basque Country (UNESCO ETXEA), the 3HO Foundation
(Healthy, Happy, Holy Organization), the Dzeno Association, the Country Women
Association of Nigeria (COWAN), the International Movement against all Forms of
Discrimination and Racism (IMADR), the Association Nigeriènne des Scouts de
l’Environnment (ANSEN), the International Peace Research Association (IPRA),
the Asia Pacific Forum on Women, Law and Development (APWLD), the International
Progress Organization (IPO), Gray Panthers, European Federation of Road Traffic
Crash Victims (FEVR), non-governmental organizations on the Roster
Title:
Peace
and Disarmament as a solidarity rights
Text:
I
The Spanish Society for International Human Rights Law (SSIHRL)
welcomed on
Following the adoption of the Luarca Declaration, the SSIHRL has
continued in all regions of the world the process of consultations with civil
society through the organization of conferences and expert meetings on the
human right to peace[1][1]. In December
2010 the SSIHRL will call civil society for a World Peace Conference in
Santiago de Compostela, Spain, to discuss inputs received from regional
consultations with a view to adopt a final text of the Universal
Declaration on the Human Right to Peace which will
be submitted to the HR Council, urging its Member States to initiate the
official codification of the human right to peace.
On
II
At the Peace Conferences held at
Although the United Nations Organization was created to save succeeding generations from the scourge of war, the current arsenal of weapons of mass destruction has become a real threat to international peace and security, since the use of such weapons could potentially annihilate millions of people all over the world.
In accordance with Articles 11 and 26 of the UN Charter, the Organization
is pursued to enhance the general principle of cooperation in the maintenance
of international peace and security through, inter alia, disarmament and
regulation of armaments. Nevertheless, Member States have always been more
interested in controlling or restraining the use and development of certain
arms[4][4], rather than
promoting an effective disarmament at the highest level[5][5]. As a
consequence, the number of victims of the countless international and, in
particular, internal armed conflicts have dramatically increased since the end
of the Cold War. As stated by the 2009 SIPRI Yearbook[6][6], the global military
expenditure in 2008 is estimated to have reached $1464 billion, which represents an
increase of 4 per cent in real terms compared to 2007, and of 45 per cent since
1999.
The continuing existence of nuclear weapons poses a permanent threat to
the world peace as their use would have catastrophic consequences for all life
on Earth and humankind in general[7][7]. The Human Rights Committee
recognized that the “designing, testing, manufacture, possession and deployment
of nuclear weapons are among the greatest threats to the right to life
which confront humankind today”[8][8]. As stated by the International
Court of Justice (ICJ) on its advisory opinion on the Legality of the Threat or
Use of Nuclear Weapons based on Article 6 of the Nuclear
Non-Proliferation Treaty,[9][9] Member States are obligated to conduct
negotiations leading to nuclear disarmament in all its aspects under strict and
effective international control.
In addition, the First Committee of the General Assembly on
Disarmament and International Security highlighted that the use of
illicit small arms and light weapons (SALW)[10][10] constitutes a clear threat to peace
consolidation. Besides, Mrs Barbara Frey - Special Rapporteur on the issue
of prevention of human rights violations committed with SALW- indicated[11][11] that this type of weapons has a
devastating impact on human rights standards, such as the right to life,
liberty and security of persons. As added by the meeting of experts on the
traditional and new forms of mercenarism[12][12], mercenary activities may also pose
a threat to a broad range of human rights as a consequence of the close
relationship prevailing between the new forms of mercenary activities and arms
trafficking. The launching of strong public information campaigns on education
and culture of peace are, inter alia, necessary to combat violence in all
regions and globally[13][13].
Since arms in general and nuclear weapons in particular, are mainly used
as symbols for power, wealth and sovereignty, States might more easily
dismantle them when there could exist a fundamental re-consideration of the
security strategies[14][14]. The decision to move decisively
towards an effective disarmament would ignite a revolutionary change in
international relations, as this symbolism would be progressively substituted
by the concept of human security[15][15]. Besides, taking into account that
the mutual distrust is the greatest cause of militarism in the world, the
emerging recognition of the human rights to peace and disarmament as solidarity
rights could contribute not only to reduce reciprocal suspicion among nations,
but also to strengthen trust between them.
The right to general and complete disarmament is part of the legal
contents of the right to peace as understood as the right of every human being
to live in peace[16][16]. The possession, deployment and
threat of use of weapons affect the life of individuals by impeding them the
full realization of their personality and dignity[17][17]. Thus, the right to disarmament
should be a component of the right to peace, as well as an autonomous right to
be included in the list of the solidarity/third generation rights[18][18].
As stated by Mr. Rudi Muhammad Rizki, Independent expert on human
rights and international solidarity, international
cooperation is needed to fulfil not only partial, but also international
interests such as the preservation of the order and very survival of
international society[19][19]. Since
the purpose
of the United Nations is to become the centre for harmonizing actions of all nations
to achieve their common end of maintaining international peace and security[20][20], the
international community should foster a general and complete disarmament as a
means to achieve a
just, lasting and constructive peace in the world.
The final outcome document of the International Conference on
the Relationship between disarmament and development[21][21] concluded that true and lasting peace and security in this
interdependent world demand rapid progress in both disarmament and development,
since they are the most urgent challenges facing the world today and the
pillars on which should be built enduring international peace and security. As
consequence of the growing interdependence and interrelationship among
nations and global issues,
multilateralism provide the international framework within which the
relationship between disarmament, development and security should be shaped[22][22]. It
follows that the human rights to peace, disarmament and development as
solidarity rights require the union of interests or purposes among all
countries of the world, social cohesion and international cooperation to give
them effect[23][23].
As the General Assembly underlined, excessive armament and military
spending may have negative effects on development, because their spread and
availability endanger stability and welfare and diminish social and economic
confidence. Although disarmament does not necessarily lead to development,
there is no doubt that disarmament may help to create more stable international,
national and local situations favourable to development[24][24]. Thus, international community
should devote part of resources liberated from disarmament and arms limitation
agreements, to economic and social development with a view to achieve the
Millennium Development Goals (MDG)[25][25].
Article 11 of the Luarca Declaration on
the Human Right to Peace addresses the right to disarmament as
follows:
Individuals and peoples have the right:
a) Not to be
regarded as enemies by any State;
b) To
general and transparent disarmament of all States, together and in coordinated
manner, within a reasonable time and under efficient and comprehensive
international supervision;
c) To the allocation of the resources freed
by disarmament to the economic, social and cultural development of peoples and
the fair redistribution of such resources, responding especially to the needs
of the poorest countries and to vulnerable groups, in such a way as to put an
end to inequality, social exclusion and poverty.
Paragraph 9 of the 2005 World Summit Outcome
Document[26][26]
recognized the linkage between peace, development and human rights as
follows:
“We acknowledge that peace and security,
development and human rights are the pillars of the United Nations system and
the foundations for collective security and well-being. We recognize that
development, peace and security and human rights are interlinked and mutually
reinforcing”.
The First Committee of the General Assembly on Disarmament and
International Security[27][27] recognized that the international community
should pay due attention the agreements on disarmament and arms limitation
adopted at the UN Conference on Environment and Development. The
observance of environmental norms as an emerging solidarity right is
fundamental at the time of preparing and implementing disarmament and arms
control programmes. In particular, the dumping of radioactive wastes is a clear
threat to the environment and human security.
Although relationship between gender and disarmament is not immediately apparent, gender mainstreaming represents a different approach to the traditionally complex and politically sensitive fields of security, disarmament, non-proliferation and arms control[28][28]. The Beijing Declaration and Platform for Action stated that full participation of women in decision-making, conflict prevention and resolution and any other peace initiative are essential to the realization of lasting peace[29][29]. Besides, Security Council resolution 1325 (2000) on women, peace and security, recognized gender mainstreaming as a major global strategy to promote gender equality by indicating that “all those involved in the planning for disarmament, demobilization and reintegration should consider the different needs of female and male ex-combatants”.
RECOMMENDATIONS
We therefore urge the Human
Rights Council to further promote human rights to peace and disarmament as
a means to foster the right to life, liberty and security of those person
victims of uncontrolled use of weapons, violence and armed conflict; to enhance
the social justice, equity and gender equality; and to encourage solidarity, peace and friendly relations among all
nations, races, ethnicities or religions.
The Human Rights Committee
should update its General Comment 14 (1984) on Article 6
of ICCPR, in order to address current challenges of nuclear weapons affecting
right to life.
The Human Rights Council
should remind Member States the universality and inalienability
of human rights, the close relationship between
efforts to promote solidarity rights
and the construction of democratic, interactive and egalitarian multiculturalism, as well as the
promotion of dialogue among cultures,
civilizations and religions, as a means to achieve the human right to peace and to discourage the armament career.
Member States should take necessary measures
aiming at the realization of the solidarity rights as contained in the
UN Charter, the Universal Declaration on Human Rights, the International
Covenants on Human Rights, the 2000 United Nations Millennium Declaration, the
2005 World Summit Outcome Document, the Programme of Action of the Cairo
International Conference on Population and Development, the Istanbul
Declaration on Human Settlements, the Copenhagen Declaration of the World
Summit for Social Development, and the United Nations Educational, Scientific
and Cultural Organization (UNESCO) Universal Convention on Cultural Diversity.
The Human Rights Council
should further request its Working Group
on the Right to Development to analyse the issue of development, peace
and disarmament, and to adopt general recommendations on the methodology
for developing poverty-reduction strategies.
Member States should further recognize the need to
enhance gender mainstreaming in the field of peace-building as
requested by the Beijing
Declaration and Platform of Action, as adopted by the Fourth World Conference
on Women of 1995; to halt all acts of sexual violence; and to take measures to
protect women and girls from rape and sexual attacks in armed conflicts,
as recognized the Security Council
resolution 1820 (2008); and to promote women’s
participation at all levels of decision-making on peace, disarmament and security issues, as provided for in Security
Council resolution 1325 (2000)
Finally, we invite all international actors to fully participate at the
Workshop on the right of peoples to peace, to be organized by the High
Commissioner before February 2010
pursuant to HR Council resolution 11/4, adopted on
================================================================
To contact the list administrator, or to leave the list, send an email to:
wunrn_listserve-request@lists.wunrn.com. Thank you.
[1][1] Conferences and expert meetings have
already taken place in the following places: Bilbao and Geneva (November 2006);
Mexico (December 2006); Bogotá, Barcelona and Addis Ababa (March 2007); Caracas
and Santo Domingo (April 2007); Morelia, Mexico (12 May 2007), Bogotá (12 May
2007), Oviedo and Santa Fe (New Mexico, USA, 16-17 May 2007); Washington (14
June 2007) , Nairobi (15 June 2007), Geneva (28 June 2007); Feldkirch (Austria,
31 August 2007); Geneva (11, 12 and 21 September 2007), Luarca (28 September
2007); Madrid (23 October 2007); Monterrey, Mexico (1st November 2007), Mexico
DF, Geneva, Las Palmas de Gran Canaria, Zaragoza and Navía, Asturias (December
2007); on the occasion of the UN Commission on the Status of Women, New York
(February 2008); Geneva (March 2008); Parliament of Catalonia, Barcelona,
Geneva, Dakar, Madrid and Valencia (April 2008); Rome and Gwangju, Republic of
Korea (May 2008); Geneva and Bilbao (June 2008); Cartagena, Spain, and Geneva
(July 2008); Paris, Geneva and Montevideo (September 2008); Oviedo, Turin, New
York and Basque Parliament, Vitoria (October 2008); La Plata and Buenos Aires,
Argentina, and Bosco Marengo, Italy (November 2008); Luxembourg, Geneva and
Barcelona (December 2008); Geneva and Barcelona (January 2009); Yaoundé,
Cameroon (February 2009); Figaredo, Asturias, Geneva and New York (March 2009),
Johannesburg, Seville, Madrid, Santiago de Compostela and Bangkok (April 2009),
Trevi, Italy, Mexico and Seville (May 2009), Geneva (June 2009), City of Mexico
and Morelia (July 2009), Donostia-San Sebastian (August 2009). For more
information on these meetings, please see
http://www.aedidh.org
[2][2]On 15 March 2007 both the SSIHRL and the International
Society of Human Rights (Frankfurt) convened an open Information Meeting on
the Luarca Declaration; on 16 March 2007, the SSIHRL organized a Technical
Meeting with NGO and human rights experts with a view to building a common
strategy for a world-wide campaign on the human right to peace; on 11 June
2007, both UNESCO Etxea and SSIHR organized an additional parallel meeting on
the relationship between peace and solidarity rights; on 12 September 2007,
the SSIHRL in collaboration with the UNESCO Liaison Office in Geneva organised
a Roundtable on the legal content of the human right to peace; on 21 September
2007, the SSIHRL organised the commemoration of the International Day of Peace
in the Council Chamber of the Palais de Nations; on 7 March 2008, the SSIHRL,
the International Society of Human Rights (Frankfurt) and UNESCO Etxea
organised a Roundtable on the relationship between extreme poverty and the
human right to peace; on 4 June 2008, the SSIHRL and UNESCO Etxea organised a
Roundtable on the right to education on peace and human rights; on 12 September
2008, the SSIHRL and UNESCO Etxea organised a Roundtable on the human right to
peace and indigenous peoples; on 19 September 2008, the SSIHRL, UNESCO Etxea
and the NGO Liaison Office of UNOG organised the commemoration of the
International Day of Peace in the Council Chamber of the Palais de Nations; on 17 March 2009 the SSIHRL and UNESCO Etxea
organized a roundtable on the human right to peace and racism, racial
discrimination, xenophobia and related intolerance; on 3 June 2009 the SSIHRL,
Women’s United Nations Report Network and UNESCO Etxea organized a roundtable
on migration and peace
[3][3] Washington Treaty
(
[4][4] Limited Test Ban
Treaty (1963), Nuclear Non-Proliferation Treaty (1968), Strategic Arms
Limitation Treaty I (SALT I, 1972), Anti-Ballistic Missile Treaty (ABM, 1972),
Threshold Test Ban Treaty (TTBT, 1974), Underground Peaceful Nuclear Explosions
Treaty (PNE, 1976), SALT II (1979), Intermediate Nuclear Forces Treaty (INF,
1987), Strategic Arms Reduction Treaty (START, 1991-92), START II (1993),
Comprehensive Test Ban Treaty (CTCBT, 1996), START III (1997)
[5][5] Antarctic Treaty
(1959), Outer Space Treaty (1967), Treaty of Tlatelolco (1967), Seabed Treaty
(1971), South Pacific Nuclear Free Zone (Treaty of Rarotonga, 1985), Southeast
Asia Nuclear Weapons Free Zone (Treaty of Bangkok, 1995), African Nuclear
Weapons Free Zone (Treaty of Pelendaba, 1996)
[6][6] SIPRI Yearbook
2009 : armaments, disarmament and international security,
[7][7] The
Russell-Einstein Manifesto,
[8][8] General
Comment No. 14 of the Human Rights Committee: Nuclear weapons and the right to
life (Art. 6), 9 November of 1984, par. 4
[9][9] General Assembly, General
and complete disarmament: follow-up to the advisory opinion of the
International Court of Justice on the Legality of the Threat or Use of Nuclear
Weapons, A/54/54 Q 1 of December 1999
[10][10] General Assembly,
First Committee, General and complete disarmament: consolidation of peace
through practical disarmament measures, A/RES/51/45(N), 1996
[11][11] The United Nations
Disarmament Yearbook, vol. 26, 2001, 172-176 (UN publications sales No.
E.02.IX.1)
[12][12] Par. 69, The
right of people to self-determination and its application to peoples under
colonial or alien domination or foreign occupation, report of the HCHR,
E/CN.4/2001/18,
[13][13] Par. 59 and
conclusions, The right of people to self-determination and its application
to peoples under colonial or alien domination or foreign occupation, report
of the HCHR, E/CN.4/2005/23,
[14][14] BOUTHERIN, G.,
[15][15] See written statement
presented to the 6th session of the Human Rights Council by a cluster of NGO
led by SSIHRL on The right to human security as a component of
the human right to peace: An approach to terrorism, A/HRC/6/NGO/62,
[16][16] Article 1 of the
GA Declaration on the Right of Peoples to Peace (res.
39/11 of
[17][17] Article 28 of the
Universal Declaration on Human Rights: “Everyone
is entitled to a social and international order in which the rights and
freedoms set forth in the Universal Declaration on Human Rights can be fully
realized”
[18][18] UNESCO, Colloquium on the New Human Rights, Matias Romero Institute of
Diplomatic Studies of the Secretariat for the External Affairs of
[19][19] Report by Mr. Rudi
Muhammad Rizki, Independent Expert on human rights and solidarity rights, presented
to the fourth session of the Human Rights Council, A/HRC/4/8,
[20][20] Article 1.4 of the
Charter of the United Nations
[21][21] Report of the
International Conference on the Relationship between disarmament and
development,
[22][22] Ibidem, p. 19
[23][23] Report by Mr. Rudi
Muhammad Rizki, Independent Expert on human rights and solidarity rights,
presented to the Sixty-second session of the Commission on Human Rights,
E/CN.4/2006/96,
[24][24] Resolution adopted
by the General Assembly, The relationship between disarmament and
development in the current international context, A/59/119,
[25][25] Resolution adopted
by the General Assembly, The relationship between disarmament and
development in the current international context, A/Res/61/64,
[26][26] Resolution adopted
by the General Assembly, World Summit Outcome, A/Res/60/1,
[27][27] UN General
Assembly, First Committee, General and complete disarmament: observance of
environmental norms in the drafting and implementation of agreements on
disarmament and arms control, A/C.1/59/L. 10,
[28][28] Briefing note
issued by the Office for Disarmament Affairs in collaboration
with the Office of the
Special Adviser on Gender Issues and the Advancement of Women of the
Department for Economic and Social Affairs, http://disarmament.un.org/gender.htm,
2008
[29][29] The United Nations
Fourth World Conference on Women: Action for equality, development and peace,