WUNRN
URGENT Call for Signatures - Please
Send by June 26, 2010
to David FERNANDEZ PUYANA - david.fernandez-puyana@orange.fr
Note Recommendation (f) with text specific to GENDER.
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 (France)-0227882231(Geneva)
E-mail: david.fernandez-puyana@orange.fr, zayas@bluewin.ch
Language(s): SPANISH AND ENGLISH
ADVISORY COMMITTEE
HUMAN RIGHTS COUNCIL
5º session
2 - 6 August 2010
Agenda item 4 b) iii) of the provisional programme
Promotion of the right of peoples to peace
Joint written statement submitted by (provisional list) the Commission of the
Churches on International Affairs of the World Council of Churches
(CCIA/WCC), Zonta International,
Federación de Asociaciones de Defensa y Promoción de los Derechos Humanos
(España), International Society for Human Rights (ISHR), the Union of Arab
Jurists, the International Federation of Family Associations of Missing Persons
from Armed Conflict (IFFAMPAC), the International Organization for the
Elimination of All Forms of Racial Discrimination (EAFORD), the Institute for
Planetary Synthesis (IPS)
Title:
Draft
declaration on the right of peoples to peace
Text:
The Spanish Society for International Human Rights Law (SSIHRL) welcomed on 30 October 2006 the adoption of the Luarca Declaration on the Human Right to Peace, which was drafted by a Committee of independent experts. It was the culmination of a process of extensive consultations within the Spanish civil society.
On 15 March 2007, the Luarca Declaration
on the Human Right to Peace was firstly presented to the fourth session of
the HR Council in an oral statement. Since then, the SSIHRL and more
than 500 NGO have organized
many parallel meetings at the Palais des Nations during the subsequent
sessions of the HR Council in order to analyse specific questions
regarding the content and scope of the human right to peace[1][1] and submitted
oral statements before the plenary.
At the same time, the
SSIHRL has developed its four-year World Campaign on the Human Right to Peace
organizing workshops and expert meetings on the human right to peace in all
regions of the world [2][2], sharing the content of the Luarca Declaration, and receiving new
inputs from different cultural sensibilities.
The Luarca Declaration was reviewed in the light
of the contributions received from various regional expert meetings on the
human right to peace. A new drafting committee of independent experts approved
on 24 February 2010 the Bilbao Declaration on the Human Right to Peace[3][3].
The Bilbao
Declaration on te Human Right to Peace was reviewed by the International Drafting Committee (ten experts from the five
geographical groups), which
approved on 2 June 2010 the Barcelona Declaration on the Human Right to
Peace by inspiring in the interests and aspirations of the international civil society as
a whole[4][4].
The Barcelona
Declaration on the Human Right to Peace shall be submitted to the International
Congress on the Human Right to Peace, to be organized by the SSIHRL in
Santiago de Compostela (Spain) on 9-10 December 2010[5][5].
Civil society shall be invited to discuss and adopt a final text of the
Declaration that will represent their aspirations in the codification of the
human right to peace. It shall also be invited to establish an International
Observatory on the Human Right to Peace within the SSIHRL.
Finally, the Santiago
Declaration on the Human Right to Peace, which is expected to be adopted on
10 December 2010, shall be submitted to the HR Council in 2011, urging its
Member States to initiate the official codification of the human right to
peace. This submission will close the four-year World Campaign of private
codification on the draft Universal Declaration on the Human Right to Peace
carried out by the SSIHRL.
II
Since 2008 the Human Rights Council has been working on the “Promotion of the right of peoples to peace” inspired by
previous resolutions on this issue approved by the UN General Assembly and the
former Human Rights Commission, particularly the GA resolution 39/11 of 12 November
1984, entitled “Declaration on the Right of Peoples to Peace” and the United
Nations Millennium Declaration.
In 2008 the Human Rights Council reiterated
the traditional position, according to which “peoples of our planet have
a sacred right to peace”[6][6], and that preservation
and protection of this right constitutes a fundamental obligation of each State
(paragraph 2). Therefore, States should direct their policies towards the
elimination of the threat of war, particularly nuclear war, the renunciation of
the use or threat of use of force in international relations and the settlement
of international disputes by peaceful means on the basis of the Charter of the
United Nations (paragraph 5).
The resolution also stresses that
peace is
a vital requirement for the promotion and protection of all human rights for all (paragraph 3) and that the cleavage that
divides human society, between the rich and the poor, and the ever-increasing
gap between the developed and developing worlds pose a major threat to global
prosperity, peace, security and stability (paragraph 4).
In 2009 the Human
Rights Council reviewed
its position by recognizing the individual approach of the right to peace. The resolution 11/4
affirmed in the Preamble that “human rights include
social, economic and cultural rights and the right to peace, a healthy
environment and development, and that development is, in fact, the realization
of these rights” (paragraph 15 of Preamble); that, pursuant article 28 of the
Universal Declaration on Human Rights, “everyone is entitled to a social
and international order in which the rights and freedoms …can be fully
realized” (paragraph 17 of Preamble); and that a life without war is the
primary international prerequisite for the material well-being, development and
progress of countries and for the full implementation of the rights and
fundamental human freedoms proclaimed by the United Nations” (paragraph 19
of Preamble)[7][7].
Additionally,
the Human Rights Council reiterated the OHCHR to convene a workshop on the
right of peoples to peace, which was finally held on 15-16 December 2009 in
Geneva. It concluded
that on the basis of studies and latest developments of doctrine and civil
society, one might identify the contents and scope of the human right to
peace as an emerging right.
In June 2010 the HR Council had before it the report of the
Office of the High Commissioner on the outcome of the expert workshop on the
right of peoples to peace,[8][8] as well as the joint written statement
on
the Working Group on the Human Right to Peace of more than 500 NGOs world-wide conducted by the SSIHRL[9][9]. The Human Rights Council approved the
resolution 14/3 -with the vote in favor of African, Asian and Latin american
and Caribbean States[10][10]- in which reiterates the content of
this right, according to the resolutions already approved in 2008 and 2009.
Besides, the resolution 14/3 explicitly
recognizes the “... the important work
being carried out by civil society organizations for the promotion of the right of
peoples to peace and the codification of that right"[11][11];
recalls “the United Nations Declaration and Programme of Action on Culture of
Peace, 1999, and the General Assembly resolution 53/25 proclaiming 2001-10 as
the International Decade for a Culture of Peace and Non-Violence for the
children's of the world;[12][12] “calls
upon States and relevant United Nations bodies to promote effective
implementation of the United Nations Declaration and Programme of Action on
Culture of Peace”[13][13]; and finally, “supports the need to further promote the realization
of the right of peoples to peace"
and in that regard requests “the Advisory Committee, in consultation with Member States,
civil society, academia and all relevant stakeholders, to prepare a draft
declaration on the right of peoples to peace, and to report on the progress
thereon to the Council at its seventeenth session"[14][14].
The resolution 14/3 is a historic
land-mark, since it has formally opened within the United Nations the process
of international codification of the right to peace, thus replying positively
to the progress that civil society had achieved in the last years. It is now to
all international actors to take care of the codification process that should evolve
in the next years towards proposals of consensus that would avoid any threat of
set back.
On the other hand, the hr Council resolution 14/3 is reducing the material content of the draft declaration to be prepared by the Advisory Committee to the right of peoples to peace. However, given that this resolution indirectly accepts the individual dimension of this right[15][15], it should not be a serious obstacle to preclude in the future to extent the mandate of the Advisory Committee to prepare a draft declaration on the right of individuals and peoples to peace.
III
The Advisory Committee
approved without a vote the recommendation 3/5 on 7 August 2009 entitled
“Promotion of the Right of Peoples to Peace”. It designated Mr. Miguel Alfonso Martinez, a member
of the Advisory Committee, "to prepare an initial working paper on the
need to initiate a study with the purpose, inter alia, to: a) further clarify
the content and scope of this right; b) propose measures to raise awareness of
the importance of realising this right; and c) suggest concrete actions to
mobilise States, intergovernmental and non-governmental organisations in the
promotion of the right of peoples to peace”.
The
study was not conducted due to the death of the expert. In June 2010 the expert
Miguel d'Escoto Brockman (Nicaragua) was elected to fill the vacancy. The Advisory Committee
will have to decide which person or persons will prepare the
draft declaration on the right of peoples to peace. According to its rules, at the moment of
appointment of an expert or group of expert the Advisory Committee should take
into account the knowledge and experience and equitable geographical
distribution of each candidate[16][16].
RECOMMENDATIONS
We invite
the Advisory
Committee to consider in this study the
conclusions and recommendations of the workshop of experts on the right of
peoples to peace, in particular the recognition
of the double dimension -individual and collective- of the right to peace, and
the written statement sponsored by more than 500 NGO in this matter[17][17].
I In particular, the Advisory Committee
should include in the future declaration, inter
alia:
a)
Consider the human right to peace as
a means to foster the right to self determination of peoples and all human rights, including the
right to development
b)
Recognize the relationship between human right to peace and rights to life, integrity, liberty and security of the person; physical and mental health and well-being;
the need to protect victims of uncontrolled weapons of mass
destruction; the need to
examine the possibility of disarming all weapons; the right to emigrate; the right to know the truth of
human rights violations;and the exercise of civil, political, economic, social, cultural
and linguistic rights to enhance social justice, equity
and gender equality, and
the elimination of extreme poverty, since it
will make possible the solidarity, peace and friendly relations among all nations, races,
ethnicities or religions.
c)
Stress solidarity
rights, peace education, and the construction of democratic, interactive and
egalitarian multiculturalism, as well as the promotion of dialogue and peaceful
coexistence among cultures, civilizations and religions.
d)
Affirm the realization
of the human right to peace as contained in the UN Charter, the UDHR and the international and
regional human rights instruments.
e)
Take into account the Luarca Declaration on the Human Right to
Peace of 2006, as reviewed by the Bilbao
Declaration on the Human Right to
Peace, adopted on 24 February 2010, in line with of the SSIHRL World
Campaign for the Human Right to Peace (2007-2010), taking into account the
reports of the expert meetings organized in the five regions of the world and the
regional Declarations on the human right to peace adopted by experts of civil society in La Plata, Yaoundé,
Bangkok, Johannesburg,
Sarajevo, Alexandria and Havana. In addition, joint NGO written and oral
statements on the content and scope of the human right to peace prepared with
the support of more than 500 NGO and submitted to the successive sessions of the HR Council (see http://www.aedidh.org); and finally, the Barcelona Declaration on the Human Right to Peace,
adopted on 2 June 2010 by the International Drafting Committee composed of 10 independent experts
of the five regions of the world, which granted an
international authority to the Luarca and Bilbao Declarations.
f) Further recognize the need to enhance gender mainstreaming in the field of peace-building as requested by the Beijing Declaration and Platform of Action, adopted by the Fourth World Conference on Women of 1995 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), 1880 and 1888 (2009), as well as the need to perform a gender analysis in all situations of armed conflict and post-conflict societies.
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[1][1] 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; on 17 September 2009 the SSIHRL and UNESCO Etxea
organized a roundtable on peace and disarmament as solidarity rights; on 11
March 2010 the SSIHRL and UNESCO Etxea organized a roundtable on codification
of the human right to peace; and on 15 June 2010 the SSIHRL
and UNESCO Etxea, in collaboration with the International Association of
Democratic Lawyers, the International Peace Bureau, Interfaith International
and International Felloship of Reconciliation, organized another expert meeting
on the codification of human rights peace. The reports of these meetings are
available on www.aedidh.org
[2][2] 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); Mexico City and Morelia (July 2009); Donostia-San Sebastián (August 2009); Geneva and Valdes (September 2009), Case, Cangas de Onis, Alcala de Henares and Sarajevo (October 2009); Las Palmas de Gran Canaria, University of Berkeley (USA) and Geneva (November 2009); Alexandria, Egypt (with IPS) and Geneva (December 2009); Havana, Cuba and Geneva (January 2010); Geneva (Switzerland) and Bilbao (Spain) (February 2010); Geneva (Switzerland) and New York (USA) (March 2010); Mexico City, April 2010, New York (USA) and Madrid (Chamber of Deputies) (May 2010); Barcelona, Ginebra, Santiago de Compostela and Kampala (Ouganda), (June 2010). For more information on these meetings, please see http://www.aedidh.org
[3][3] The full text of the Bilbao
Declaration can be consulted in several languages in http://www.aedidh.org
[4][4] The full text of the Barcelona Declaration can be consulted in several languages in http://www.aedidh.org
[5][5] The Congress will be organised at the occasion of the "Forum 2010" (World Social Forum on Education for Peace), to be held on 7-13 December 2010 in Santiago de Compostela (Spain) http://www.foro2010.org
[6][6] Para.1 of the operative part of HR Council res. 8/9, adopted on 18 June 2008
by 32 votes in favor, 13 against and 2
abstentions (India and Mexico)
[7][7] Resolution 11/4, 17 June 2009
[8][8] Doc. a/hrc/14/38 of 17
March 2010, 16 p.
[9][9] A/HRC/14/38, 17 March 2010
[10][10] Resolución 14/3 was approved by 31 votos in
favour (African, Asian and Latin American and Caribbean States), namely:
Angola, Argentina, Bahrein, Bangladesh, Bolivia (Plurinational State of),
Brasil, Burkina Faso, Cameroon, Chile, China, Cuba, Djibouti, Egypt, Gabon,
Ghana, Indonesia, Jordan, Madagascar, Mauritius, Mexico, Nicaragua, Nigeria,
Pakistan, Philippines, Qatar, Russian Federation, Saudi Arabia, Senegal, South
Africa, Uruguay and Zambia.
14 States voted against, namely: Member States of the European Union (Belgium, France, Hungry, Italy, Netherlands, Slovakia, Slovenia and United Kingdom), associate European States (Bosnia and Herzegovina, Norway and Ukrain), United States of America, Japan and Republic of Korea).
There was 1 abstention (India). Kyrgyzstan did not partcipate.
[11][11] Último párrafo preambular de la res. 14/3 cit.
[12][12] Prambular § 4 of draft resolution a/hrc/14/l.12,
cit,
[13][13] Ibidem, § 11,
[14][14] Ibídem id., §
15 de la parte dispositiva
[15][15] Preambular § 15, 18 and 20 of resolution 14/3, which
reiterate same parapgraphs of resolution 11/4 of 2009, as discussed above.
[16][16] Article
15.2 of the Rules of Procedure of the Advisory Committee of 6 August 2009. Vid. doc. A/HRC/AC/3/2 of 9 October 2009
[17][17] A/HRC/13/NGO/89, de 25 de febrero de 2010, cit.