29/45 Report of the open-ended intergovernmental working group on a draft United Nations declaration on the right to peace on its third session

GE.15-10455 (E)



Human Rights Council Twenty-ninth session

Agenda item 5

Human rights bodies and mechanisms

Report of the open-ended intergovernmental working group on a draft United Nations declaration on the right to peace on its third session

Chairperson-Rapporteur: Christian Guillermet-Fernández

Contents

Paragraphs Page

I. Introduction ............................................................................................................. 1 – 4 3

II. Organization of the session ..................................................................................... 5 – 19 3

A. Election of the Chairperson-Rapporteur ......................................................... 5 3

B. Attendance ...................................................................................................... 6 – 11 3

C. Meetings and documentation .......................................................................... 12 – 14 4

D. Adoption of the agenda and organization of work .......................................... 15 – 19 5

III. General comments ................................................................................................... 20 – 30 5

IV. First and second readings of the revised text prepared by the Chairperson-

Rapporteur of the working group ............................................................................ 31 – 72 8

A. Preamble ........................................................................................................ 34 – 56 8

B. Article 1. ......................................................................................................... 57 – 63 11

C. Article 2. ......................................................................................................... 64 – 68 12

D. Article 3. ......................................................................................................... 69 – 71 13

E. Article 4. ......................................................................................................... 72 13

V. General comments by non-governmental organizations ......................................... 73 – 74 14

VI. Conclusion of the session ........................................................................................ 75 – 79 14

VII. Conclusions and recommendations of the Chairperson-Rapporteur ....................... 80 – 81 15

VIII. Adoption of the report ............................................................................................. 82 15

Annex

Text presented by the Chairperson-Rapporteur on 24 April 2015.................................................... 16

I. Introduction

1. In its resolution 20/15, the Human Rights Council decided to establish an open-

ended intergovernmental working group with the mandate of progressively negotiating a

draft United Nations declaration on the right to peace.

2 In its resolution 27/17, the Human Rights Council decided that the open-ended

intergovernmental working group would hold its third session for five working days in

2015 with the objective of finalizing the declaration. The third session was held from 20 to

24 April 2015.

3. Also in its resolution 27/17, the Human Rights Council requested the Chairperson-

Rapporteur of the working group to conduct informal consultations with Governments,

regional groups and relevant stakeholders before the third session of the group. The Council

also requested the Chairperson-Rapporteur to prepare a revised text on the basis of the

discussions held during the first and second sessions of the working group and on the basis

of the intersessional informal consultations to be held, and to present it prior to the third

session of the working group for consideration and further discussion thereat. The revised

text prepared by the Chairperson-Rapporteur was circulated to all States by note verbale on

31 March 2015.

4. On 20 April 2015, the session was opened by the Officer-in-Charge of the Human

Rights Council Mechanisms Division of the Office of the United Nations High

Commissioner for Human Rights (OHCHR) on behalf of the High Commissioner. The

Officer-in-Charge recalled that the realization of peace lay at the very heart of the

principles and purposes of the United Nations, as reflected in its Charter. He referred to the

2005 World Summit Outcome,1 and the Human Rights up Front initiative, launched by the

Secretary-General in 2013, in which the complementarity between peace and human rights

was clearly reflected. The Officer-in-Charge commended the efforts of the Chairperson-

Rapporteur to engage actively with States, civil society and academia in order to reconcile

the diverse views and positions with regard to the right to peace and to move the process

forward. He also confirmed the continued readiness of OHCHR to assist the working group

in all its endeavours.

II. Organization of the session

A. Election of the Chairperson-Rapporteur

5. At its first meeting, on 20 April 2015, the working group re-elected Christian

Guillermet-Fernández (Costa Rica) as its Chairperson-Rapporteur, by acclamation. He had

been nominated by Guatemala on behalf of the Group of Latin American and Caribbean

States.

B. Attendance

6. Representatives of the following States Members of the United Nations attended the

meetings of the working group: Afghanistan, Algeria, Angola, Argentina, Australia,

Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Brazil, Brunei Darussalam, Canada,

1 General Assembly resolution 60/1.

Chile, China, Colombia, Costa Rica, Cuba, Cyprus, Czech Republic, Democratic People’s

Republic of Korea, Democratic Republic of the Congo, Denmark, Djibouti, Dominican

Republic, Egypt, Estonia, Ethiopia, France, Gabon, Georgia, Greece, Guatemala, Honduras,

India, Indonesia, Iran (Islamic Republic of), Iraq, Ireland, Italy, Japan, Kazakhstan, Kuwait,

Lao People’s Democratic Republic, Latvia, Libya, Luxembourg, Malaysia, Mali, Mauritius,

Mexico, Morocco, Myanmar, Namibia, Nepal, Netherlands, Nicaragua, Norway, Pakistan,

Panama, Paraguay, Peru, Philippines, Poland, Qatar, Republic of Korea, Russian

Federation, San Marino, Saudi Arabia, Senegal, Singapore, South Africa, South Sudan,

Spain, Sri Lanka, Sudan, Syrian Arab Republic, Thailand, Togo, Tunisia, Ukraine, United

Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay,

Venezuela (Bolivarian Republic of), Zambia.

7. The Holy See and the State of Palestine were, as non-Member States, represented by

observers.

8. The United Nations Educational, Scientific and Cultural Organization was

represented by an observer.

9. The following intergovernmental organizations were represented by observers:

Council of Europe, European Union, League of Arab States, Organization of Islamic

Cooperation.

10. The following non-governmental organizations in consultative status with the

Economic and Social Council were represented: African Commission of Health and Human

Rights Promoters (CAPSDN), Al-Hakim Foundation, American Association of Jurists,

Americans for Democracy and Human Rights in Bahrain, Inc., Associazione Comunità

Papa Giovanni XXIII, Brahma Kumaris World Spiritual University, Center for Global

Nonkilling, Congregation of Our Lady of Charity of the Good Shepherd, Foundation for

GAIA, Geneva for Human Rights – Global Training, Indian Council of South America

(CISA), Institute for Planetary Synthesis, Institute of Global Education, International

Association of Democratic Lawyers, International Council of Voluntary Agencies,

International Fellowship of Reconciliation, International Institute of Mary Our Help of the

Salesians of Don Bosco, International Movement against All Forms of Discrimination and

Racism (IMADR), International Volunteerism Organization for Women, Education and

Development – VIDES, Japan Federation of Bar Associations, Japanese Workers'

Committee for Human Rights, Peace Boat, Planetary Association for Clean Energy, Inc.,

Rencontre africaine pour la défense des droits de l’homme, Spanish Society for

International Human Rights Law, United Network of Young Peacebuilders (UNOY

Peacebuilders), Women’s International League for Peace and Freedom (WILPF).

11. The Independent Expert on the promotion of a democratic and equitable

international order, Alfred de Zayas, also participated in the session.

C. Meetings and documentation

12. The working group held eight fully serviced meetings during its third session.

13. The working group also held informal consultations on 22, 23 and 24 April 2015.

14. The working group had before it the following documents:

Revised text by the Chairperson-Rapporteur presented to the

working group in accordance with Human Rights Council

resolution 27/17

References used for the revised text by the Chairperson-

Rapporteur

A/HRC/WG.13/3/1 Note by the Secretariat

A/HRC/27/63 Report of the open-ended intergovernmental working group on

a draft United Nations declaration on the right to peace

D. Adoption of the agenda and organization of work

15. In his opening statement, the Chairperson-Rapporteur referred to Human Rights

Council resolution 27/17, in which the Council requested him to prepare a new text on the

basis of the discussions held during the first and second sessions of the working group and

on the basis of the intersessional informal consultations.

16. The Chairperson-Rapporteur introduced his new text, which he described as the

result of extensive consultations held with a wide range of stakeholders, including States,

intergovernmental organizations, United Nations entities, civil society organizations and

academia.2 In this light, the revised text did not include any paragraph or provision that had

not been previously discussed with or in the working group. The revised text was short and

concise, and did not aim to provide a stand-alone definition of the right to peace as such,

but rather focused on the elements composing the right to peace that had already been

identified by the Human Rights Council in previous years.

17. The Chairperson-Rapporteur stated that the first and second sessions of the working

group had created a basis that would allow for the working group to conduct the negotiation

process in good faith. As this was the final session of working group, it was now the

responsibility of States to reach consensus on a draft declaration. He reiterated that

transparency, inclusiveness, consensus and objectivity – and a little realism – continued to

be the guiding principles for the conduct of the process.

18. At its lst meeting, on 20 April 2015, the working group adopted, without comments,

its agenda (see A/HRC/WG.13/3/1), and the draft programme of work.

19. On the proposal of the Chairperson-Rapporteur, the working group agreed to hold a

general debate, to be followed by the first and second readings of the revised text prepared

by the Chairperson-Rapporteur, and to conclude with the adoption of the report on the

session.

III. General comments

20. At the 1st meeting, on 20 April 2015, following the adoption of the agenda, the floor

was opened for general comments, which included statements delivered on behalf of groups

of States, namely, by Algeria (on behalf of the Group of African States), the Islamic

Republic of Iran (on behalf of the Non-Aligned Movement), the European Union and the

Organization of Islamic Cooperation.

2 The Chairperson-Rapporteur convened several informal consultations in preparation for the third

session of the working group. The first consultation was held with States and other stakeholders on 30

January 2015, the second consultation with representatives of various international organizations on

26 February 2015, and the third consultation with non-governmental organizations, also on 26

February 2015. Consultations and bilateral meetings were held also with the Association of Southeast

Asian Nations, the Organization of Islamic Cooperation, the European Union and regional groups

prior to the third session of the working group.

21. Although views concerning the concept of the right to peace still diverged, all

participating delegations demonstrated their will to engage constructively in the discussion.

The general debate was concluded during the first part of the 2nd meeting.

22. The delegations congratulated the Chairperson-Rapporteur on his re-election and

commended him for his able leadership on the issue and for his approach based on

transparency, inclusiveness, consensual decision-making and objectivity, which had

contributed to narrowing the gap between diverging opinions among delegations on the

initial draft declaration. Numerous delegations also expressed their appreciation for his

efforts to prepare a revised text that carefully reflected the different positions expressed at

the second session of the working group and during the constructive intersessional

consultations with delegations, regional groups and other stakeholders. The delegations

expressed the hope that the consensus approach would be maintained and also that the third

session would conclude with a positive outcome so that the working group would be in a

position to submit a draft declaration to the Human Rights Council.

23. A number of delegations reiterated their support for the mandate of the working

group, namely to progressively negotiate a draft United Nations declaration on the right to

peace. They considered that the working group needed to be mindful of fulfilling its

mandate as provided by the Human Rights Council, and encouraged all parties to engage

with that goal in mind.

24. Many delegations considered that the right to peace and the realization of peace

were fundamental for economic and social progress and for the enjoyment of all human

rights. A peaceful environment was necessary for the achievement of individual and

collective rights in every nation. In their view, the right to peace was not a new concept, but

one that already existed in the normative legal framework of international law. The

prohibition of acts of aggression as contained in the Charter of the United Nations was the

basis for the right to peace. Regional instruments that reflect the right to peace were

recalled, for example, the African Charter on Human and Peoples’ Rights and the Human

Rights Declaration of the Association of Southeast Asian Nations (ASEAN). The

imposition of unilateral coercive measures violated the principles of the Charter of the

United Nations and therefore the right of peoples to live in peace. Several delegations stated

that the right to peace could be realized by respecting the self-determination of peoples and

the sovereignty, territorial integrity and political independence of sovereign States.

25. Other delegations restated their conviction that there was no legal basis for the right

to peace as either an individual or collective right in international law. They were therefore

of the view that it was not appropriate for the draft declaration to imply the existence of

such a right in the title or the body of the text. They nevertheless welcomed the direction in

which the Chairperson-Rapporteur was guiding the work of the working group. The

delegations appreciated, however, the mutually reinforcing relationship between peace and

security, human rights and development. While acknowledging the difficult task ahead for

the working group, they expressed their will to engage constructively in forthcoming

negotiations.

26. The revised text prepared by the Chairperson-Rapporteur was largely regarded as a

solid basis for the negotiations to be held during the third session. According to the

delegations, the text had to be concise but balanced, meaningful, realistic and

implementable. It was suggested that controversial or undefined issues not enjoying

consensus at the international level not be included. The content should be guided by

international law and the provisions of the Charter of the United Nations. The inclusion of

such elements as the prevention of armed conflict, a culture of peace and the interlinkage

and mutual reinforcement between the three pillars of peace and security, development and

human rights was welcomed by some. A number of delegations supported references in the

preamble to the right to development, the Declaration on the Right of Peoples to Peace3 and

the issue of terrorism.

27. Some delegations regretted that no progress had been made in the revised text

towards norm-setting and codifying the right to peace pursuant to Human Rights Council

resolution 20/15, reflecting previous related developments at the United Nations, including

the Declaration on the Right of Peoples to Peace. Furthermore, they believed that certain

areas of the text needed strengthening. In this connection, a suggestion was made to

highlight the interrelations between the non-proliferation of weapons of mass destruction

and peacemaking, peacekeeping and peacebuilding and the realization of the right to peace.

Attention was also drawn to the situation of people living under foreign occupation, which

violated all human rights.

28. Several delegations considered it essential to include the principles of non-

aggression and the prohibition of the use of force in the draft declaration, while one

delegation stressed the need to recognize the exceptions of the latter enshrined in the

Charter.

29. The representatives of non-governmental organizations and of other stakeholders

that contributed to the general discussion appealed to States to show political will and to

work constructively towards producing a meaningful draft declaration, in spite of their

differences. Their appreciation was expressed to the Chairperson-Rapporteur for engaging

with numerous stakeholders when preparing his revised text and for having included

references to such issues as equality and discrimination, as well as the rule of law. The

reference to the three pillars of the United Nations in the preamble was also welcomed, as

was the notion that peace was more than just the absence of conflict. A view was expressed

that the draft declaration previously prepared by the Advisory Committee was more in line

with the aspirations of peoples. While appreciating the efforts of the Chairperson-

Rapporteur, some felt that his revised draft did not meet their expectations to build

significantly on previous instruments, such as the Declaration on the Preparation of

Societies for Life in Peace4 and the Declaration on the Right of Peoples to Peace.5 They

regretted that the working group had not yet made progress in codifying the right to peace

pursuant to Human Rights Council resolution 20/15, and that an explicit article defining the

right to peace was absent from the revised text. They called upon the working group to

initiate a genuine negotiation on the right to peace leading to normative development rather

than to a political declaration.

30. Suggestions were also made for the inclusion of such elements as the right to human

security; the right to disarmament; the right to peace education and training; the right to

conscientious objection to military service; and the right to resistance and opposition to

oppression. A call was also made for the establishment of a monitoring body to guarantee

the implementation of the declaration. Some representatives proposed including the notions

of the right to live in peace and of gender equality. One stakeholder drew attention to the

adverse human rights impact of military spending, and expressed hope that the future

declaration would be a step towards disarmament.

3 General Assembly resolution 39/11, annex.

4 General Assembly resolution 33/73.

5 General Assembly resolution 39/11, annex.

IV. First and second readings of the revised text prepared by the

Chairperson-Rapporteur of the working group

31. At its 2nd meeting, on 20 April 2015, its 3rd and 4th meetings, on 21 April 2015,

and its 5th and 6th meeting on 22 April 2015, the working group proceeded, paragraph by

paragraph, with the first and second readings of the revised text prepared by the

Chairperson-Rapporteur of the working group, on the understanding that nothing would be

agreed upon until everything had been agreed upon. The text was subject to two readings

during the session, with the exception of article 1, which was considered only during the

first reading.

32. At the outset, the Chairperson-Rapporteur stated that the revised text encompassed

the different views expressed at the second session of the working group and in the

informal and bilateral consultations held during the intersessional period. He explained that

the revised text incorporated those elements included in the compilation of proposals made

by States during the second session of the working group, around which it was hoped that

consensus could be reached. He stressed that, in the light of the foregoing, the revised text

was not the “Chairperson’s text”, and that his role was merely to facilitate the process. The

Chairperson-Rapporteur reiterated his determination to seek consensus on the draft

declaration, which he viewed as a first step towards building and codifying the right to

peace.

33. Before beginning the reading, the Chairperson-Rapporteur also outlined the structure

of the revised text. The first part of the preamble contained references to international

instruments relevant to the context of the right to peace, followed by a number of

paragraphs relating to each of the three pillars of the United Nations (namely, peace and

security, human rights, and development), a section on peace education and the culture of

peace, and concluded with the purposes of the declaration. Four articles formed the core of

the revised text, building on, inter alia, article 23 of the African Charter on Human and

Peoples’ Rights and article 38 of the ASEAN Human Rights Declaration. Articles 3 and 4

dealt with the implementation and interpretation of the draft declaration.

A. Preamble

34. In the course of the reading, a number of proposals were made by delegations and

other stakeholders to modify the Chairperson’s revised text. The proposals were recorded in

successive compilations subsequently made available in the room.

35. Comments of a general nature were made in which some States again reaffirmed

their full support for the mandate of the working group and to reflect clearly the concept of

the right to peace in the draft declaration, while others restated their view that there was no

consensus on the right to peace as such, and that they wished to focus rather on the

interlinkage between the three pillars of the United Nations. Those making statements

pledged, in the spirit of reaching compromise, to work towards consensus, to show

flexibility and to refrain from introducing controversial or complex issues.

36. Some delegations made proposals to insert specific provisions from the Charter of

the United Nations throughout the preamble, while others raised a general concern over

selectively adding elements from agreed texts, and notably from the Charter. The latter

delegations were of the view that a general reference to the Charter at the beginning of the

preamble was sufficient and all-encompassing, and that there was no need to add further

extracts from it in subsequent sections of the preamble.

37. Discussions also centred on the inclusion of a reference to foreign occupation and

alien subjugation, domination and exploitation, and a specific mention of the Declaration

on the Granting of Independence to Colonial Countries and Peoples.6 Some participants felt

that the absence of such references in a draft declaration on the right to peace was

inconceivable.

38. It was also proposed to include a reference to the 2005 World Summit Outcome7 and

the post-2015 development agenda. Some delegations were of the view that the declaration

should be kept short and concise, and generally did not favour additional inclusions,

although they agreed with the reference to the World Summit Outcome and the post-2015

development agenda. Regarding the proposal to also add a general reference to “the

relevant instruments mentioning or in relation to peace or the right to peace”, a preference

was voiced for citing specific instruments rather than referring to instruments in a general

manner.

39. A suggestion to include a reference to the Rome Statute of the International Criminal

Court, as amended, was also debated, with several delegations raising concerns over the

fact that the amendments regarding the crime of aggression (2010) had not yet come into

force. Alternatively, a reference to aggression or acts of aggression was proposed.

40. The insertion in the revised text of a paragraph on the issue of terrorism as a threat to

peace was welcomed by a number of delegations. It was suggested that explicit mention be

made to the threat that it posed to the territorial integrity and security of States in line with

the wording of the Declaration on Measures to Eliminate International Terrorism.8 It was

also felt that the unequivocal condemnation of all acts of terrorism, including the provision

of support for terrorist groups, as criminal and unjustifiable needed to be emphasized. A

reservation was expressed at the proposal to condemn also the payment of ransom in this

connection.

41. Alternatively, it was proposed that more focus should be place on the measures used

in the fight against terrorism and that the need for them to be in compliance with the

obligations of States under international law be stressed. Some delegations felt that the

recognition of the importance of moderation and tolerance as a value within societies for

countering extremism in all its aspects should also be reflected in the text.

42. As a compromise and a means to avoid focusing disproportionately on the issue of

terrorism in the draft declaration, a suggestion was made to merge the original text with the

proposals made. In this connection, caution was expressed at merging the issues of

terrorism and extremism, given that extremism was a different and broader concept.

43. Several delegations felt that it was important to reaffirm the duty of States to

cooperate, in accordance with the Charter of the United Nations, in order to, inter alia,

maintain international peace and security. It was therefore suggested that wording from the

Declaration on Principles of International Law concerning Friendly Relations and Co-

operation among States in accordance with the Charter of the United Nations9 be included.

There was broad support for the proposal, although a concern was expressed that such a

reference would be too broad.

44. Recognizing that peace was not only the absence of conflict, requirements for it

were discussed. In this regard, some delegations were of the view that the link between

6 General Assembly resolution 1514 (XV).

7 General Assembly resolution 60/1.

8 General Assembly resolution 49/60, annex.

9 General Assembly resolution 2625 (XXV), annex.

peace and the full enjoyment of all human rights and fundamental freedoms should be more

explicit. Others wished to emphasize the importance of socioeconomic development.

45. Diverging views were expressed on the inclusion of references to the right to

development and the recalling of the Declaration on the Right to Development. While some

delegations proposed the inclusion of additional references throughout the preamble, others

supported the deletion of all mention. Some delegations pointed out that too many

additional inclusions on this topic would dilute the revised text, arguing that the text would

be better structured if these references were omitted in parts of the text that did not

specifically focus on the right to development and related topics.

46. With regard to the provision in the revised text reflecting article 5 of the Vienna

Declaration and Programme of Action, it was proposed that the language in the article

should be more accurately reflected, and also that a reference to the primary responsibility

of States to promote and protect human rights be added.

47. Comments were also made on a paragraph based on article 5 of General Assembly

resolution 60/251 on the contribution of the United Nations to the prevention of human

rights violations. Some preferred reverting to the original language by replacing the

reference to the United Nations with a reference to the Human Rights Council.

48. Several delegations expressed the desire to insert specific wording from the

Declaration on the Preparation of Societies for Life in Peace, emphasizing the duty of

States to discourage advocacy of hatred and prejudice. Some delegations felt that the

proposed text was not clearly relevant to the notion of the right to peace. Others were

unable to support the insertion also because the relationship between the two concepts was

a very complex one and touched upon the freedom of expression.

49. Suggestions were made to insert wording that would emphasize the importance of

strengthening multilateralism, or the capacity of the United Nations, in order to prevent

armed conflict. Such an insertion was agreeable to most delegations, although reservations

were made on an additional proposal relating to the consequences of armed conflict and the

positive impact that multilateralism could have on alleviating the suffering of people

affected by armed conflict.

50. Several delegations subsequently proposed text that reflected the importance of

promoting actions to eliminate the root causes of conflict. During the ensuing discussion,

delegations expressed diverging positions on the exact phrasing of the text. Some

delegations found ambitious wording preferable, while others were of the view that a more

moderate approach was desirable.

51. It was also proposed to include language based on article 10 of the Programme of

Action on a Culture of Peace on development assistance and capacity-building in post-

conflict situations. While some delegations found the proposed text overly specific, there

was in this regard broader support for further proposals that underlined the activities of the

United Nations in development assistance. Several ideas on merging the different proposals

were subsequently put forward.

52. Wording was further proposed to emphasize that a culture of peace is enhanced

when States respect their obligations to settle international disputes by peaceful means. The

idea advanced to list also some of the acts that would be inconsistent with this obligation,

such as the delivery of shipments of arms to any party of an armed conflict, was not

generally supported. Also discussed was the importance of resource allocation to

programmes to enhance a culture of peace. There was also a proposal for alternative

language on the issue of a culture of peace based on articles 3 and 4 of the Declaration on a

Culture of Peace, and an addition to stress the importance of promoting and implementing

the World Programme for Human Rights Education10 or the United Nations Declaration on

Human Rights Education and Training11 in order to develop a culture of peace.

53. Support was expressed for the proposal of several delegations to include wording

from the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious

and Linguistic Minorities12 and the Declaration of the World Conference against Racism,

Racial Discrimination, Xenophobia and Related Intolerance.13 Some were of the view that

the inclusion of language from the Durban Declaration and Programme of Action would

emphasize that racism, racial discrimination, xenophobia and related intolerance may, inter

alia, endanger international peace and security.

54. A proposal was made to include wording on the elimination of nuclear weapons and

other weapons of mass destruction as a means to contribute positively to the pursuit of

durable and sustainable world peace.

55. Representatives of non-governmental organizations, speaking during the first

reading, endorsed the preamble to the draft declaration, stressed the importance of reaching

consensus and urged States to engage constructively in the debates with a view to finalizing

and adopting the text at the end of the session. They stated that peace was not just the

absence of violence, and generally welcomed proposals made by States that aimed to define

the notion of the right to peace broadly and positively. They added that a clear reference to

the right to peace should be included in the text.

56. In order to emphasize the importance of the draft declaration, it was also suggested

that a separate paragraph referencing exclusively the Universal Declaration of Human

Rights be included in the text. Another suggestion was made that more references to

international, regional and local human rights instruments be included throughout the

preamble.

B. Article 1

57. Before proceeding to consideration of article 1 of the revised text, the Chairperson-

Rapporteur explained that the article was grounded in the three pillars of the United

Nations. It followed that everyone should be entitled to enjoy peace and security, human

rights and development. In this case, entitlement was used to refer to the guarantee of

access of every human being to the benefits derived from the three pillars, which ought to

be interpreted as an aspiration, an obligation or a privilege to which every human being

should have access for the full enjoyment of a life in dignity and without war, violence,

intolerance or conflict.

58. The Chairperson-Rapporteur clarified that the revised text drew on, inter alia,

elements that the Human Rights Council had regarded as fundamental for building the right

to peace. In particular, he had taken into consideration the elements that the Council had

included in the operative paragraphs of resolutions 14/3 (2010), 17/16 (2011) and 20/15

(2012) on the right of peoples to peace. He had also taken into account the diverse positions

expressed, and recalled that delegations today bore responsibility for finding agreements

and for adopting a declaration.

59. Several delegations stated that, given the mandate of working group, an explicit

reference to the right to peace was necessary, while others opposed such a reference,

10 See General Assembly resolution 59/113.

11 General Assembly resolution 66/137.

12 General Assembly resolution 47/135, annex.

13 See A/CONF.189/12 .

reiterating that they did not recognize that right as a stand-alone right under international

law, even though they agreed that peace was an important goal for humanity. In that sense,

they restated their support for the balanced approach taken by the Chairperson-Rapporteur.

It was also suggested that the mutually reinforcing nature of peace, security, development

and human rights should have been underlined.

60. A number of alternative proposals for article 1 were made by delegations in an effort

to find consensus. It was suggested that attention be focused on the promotion, protection

and respect of human rights and fundamental freedoms, including peace, security and

development. Another suggestion was to refer to the right to peace, to enjoy security and

development, allowing the full realization of all human rights, as an entitlement for

everyone. An alternative proposal was to acknowledge that, in some States, the elements

contained in article 1 could be characterized as a right to peace. Another option put forward

was to recognize the right of everyone to enjoy peace in such a way that security is

maintained, all human rights are promoted and protected, and development is fully realized.

61. The language proposed by some delegations at the previous session of the working

group was also re-tabled, referring to the fact that individuals, groups and peoples have the

inalienable right to a just, sustainable and lasting peace, or mentioning the inalienable right

of everyone to live in peace and dignity. During the discussion, some delegations restated

their positions, but also expressed their readiness to accept the revised text as a

compromise. Clarification was sought with regard to the legal difference between an

entitlement and a right. The Chairperson-Rapporteur explained that the notion of

entitlement was used in the International Covenant on Economic, Social and Cultural

Rights to denote rights that were to be progressively realized. One delegation expressed a

preference for not referring to an entitlement, but rather to the ability to enjoy peace,

security, human rights and development.

62. Proposals to include additional articles in the revised text were made and supported

by several delegations. The first proposal referred to the respect and implementation of the

principles and purposes of the Charter of the United Nations, while the second one focused

on the obligation of all States to refrain from the threat or use of force. It was also

suggested that the latter proposal include a mention of respect for the territorial integrity or

political independence of other States.

63. Participating non-governmental organizations, which were given an opportunity to

making statements during the first reading, favoured the inclusion of some notions relating

to everyone’s right to live in peace, recalling that the right to life is recognized by

international human rights law. Some suggested that the reference to “security” be removed

from the revised text, cautioning on the potential ambiguity of the term – which could refer

to either human security or national security, and therefore be a limitation to a recognized

right – and reiterating that the declaration was not about the three pillars of the United

Nations.

C. Article 2

64. The Chairperson-Rapporteur pointed out that article 2 focused on the role that States

had to play to promote and protect justice and the rule of law, and to guarantee freedom

from fear and want, all elements that contributed to peacebuilding. He added that the article

was grounded in the key notion of human dignity.

65. Support was expressed for the draft article and for its action-oriented language.

Several delegations by contrast sought to reinforce the declarative nature of the text.

66. Several delegations proposed adding specific language that referred to such notions

as friendship and cooperation, the security of citizens, social justice and democracy, and

moderation and tolerance. An alternative text for article 1 was also proposed, reflecting the

fact that peace resulted from a systematic process, and drawing on language from the

Vienna Declaration and Programme of Action.

67. Extensive discussions were held on new proposals to include elements relating to the

creation and promotion of peace zones as a means to ensure the enjoyment of the right to

peace; the development of peace education programmes; and the removal of obstacles to

peace, such as unilateral coercive measures. A number of delegations felt that the concept

of peace zones was insufficiently defined to be included in a United Nations declaration,

and they also objected to the reference to the right to peace in the proposed article.

Reference to peace education programmes received support from several delegations, while

others considered the wording to be too prescriptive. Suggestions were made to either move

the reference to the preamble or to list it as an example of possible actions by States in

implementing the declaration in article 3. The suggestion to add comprehensive history

education based on truth was also considered.

68. Participating non-governmental organizations, which were given an opportunity to

make statements during the first reading of the revised text, pointed out the relevance of the

afore-mentioned proposals, and one organization stated that States should be encouraged to

report on how they contributed to the process towards establishing peace.

D. Article 3

69. Before opening the discussion on article 3, the Chairperson-Rapporteur explained

that the article referred to the actors responsible for implementing the declaration and for

providing assistance.

70. Some felt that the article should principally be directed to the United Nations and its

specialized agencies, which should be encouraged to work together to achieve the goals of

the declaration, and not include a list of other actors. Some delegations also expressed a

preference for having a short and concise text, and provided concrete language to

streamline the wording. Others supported the explicit inclusion of civil society. It was also

suggested that States be included among the actors.

71. Participating non-governmental organizations, which were given an opportunity to

comment during the first reading of the revised text, stressed the importance of including all

actors in the promotion of peace.

E. Article 4

72. A number of delegations expressed concern at the list of instruments mentioned in

article 4 of the revised text as a reference to guarantee a human rights approach to the

declaration. Some felt that it brought legally binding texts and soft law to the same level,

while others pointed out that the ratification status of the various instruments under the

legal system of each State should not interfere with the interpretation of the text of the

declaration. Some delegations proposed the deletion of the reference to regional

instruments, while others preferred to maintain it. New language was suggested as a way to

reduce the complexity of the article and to clarify its legal implication for States. Some

delegations provided amendments to streamline the wording of the article.

V. General comments by non-governmental organizations

73. At the 7th meeting, on 23 April 2015, non-governmental organizations presented

joint statements in which they called for the right to peace to be reaffirmed as a

fundamental human right and reiterated that the right to peace was solidly based on

international human rights law. They called upon delegations to adhere to their task of

drafting a declaration on the right to peace on the basis of consensus.

74. Participating non-governmental organizations welcomed the efforts made by

delegations to include peace education, and further reiterated previous proposals made to

include elements in the draft declaration on disarmament and on the prohibition of the use

of force. It was hoped that a meaningful declaration could be adopted, which would

constitute a starting point to materialize the right to peace.

VI. Conclusion of the session

75. At its 8th meeting, on 24 April 2015, the working group reconvened in a formal

setting to conclude its work.

76. At the request of delegations, the Chairperson-Rapporteur presented a revised text of

a draft declaration (see annex), based on the discussions held at the third session of the

working group, which was discussed in an informal setting.

77. One delegation felt that the right to development was insufficiently reflected in the

Chairperson’s text. Some delegations also pointed that the following proposals, which they

had put forward, had not been discussed or integrated into the text:

 “Convinced that the elimination of nuclear weapons and other weapons of

mass destruction, including through the establishment of weapons of mass-destruction-free

zones, contribute positively to the pursuit of durable and sustainable world peace”

 “States should respect and put into practice the principles and purposes of the

Charter of the United Nations in their relations with all other States irrespective of their

political, economic or social systems or their size, geographical location or level of

economic development”

 “Affirming that a world free from weapons of mass destruction would greatly

contribute to the realization of the purposes and principles of the Charter of the United

Nations”

78. The Chairperson-Rapporteur explained that he intended to include his conclusions

and recommendations in the report on the status of negotiations on a draft declaration as of

the conclusion of the third session of the working group. He added that he was not in a

position to make any commitment to continuing the present mandate in the future.

79. In the general comments made at the conclusion of the session, a number of

delegations expressed their sincere gratitude for the leadership, flexibility and efforts

demonstrated by the Chairperson-Rapporteur in working with all parties towards consensus.

Appreciation was also expressed for the contributions made by non-governmental

organizations and the support provided to the Chairperson-Rapporteur and the working

group by the secretariat throughout the third session. While some disappointment was

expressed with the outcome of the working group, it was nevertheless felt that progress had

been made. Several delegations and non-governmental organizations taking the floor

expressed the hope that work would continue and an agreement would be reached in the

near future.

VII. Conclusions and recommendations of the Chairperson-

Rapporteur

80. The Chairperson-Rapporteur acknowledged the respectful atmosphere and

spirit of dialogue and cooperation seen during the third session of the working group

while moving towards a consensual outcome.

81. The Chairperson-Rapporteur pointed out that, unfortunately, such an

agreement could not be reached and, for that reason, recommended that the Human

Rights Council conduct an assessment of whether the international community was in

a position to develop further the right to peace in a consensual manner at this point in

time.

VIII. Adoption of the report

82. At its 8th meeting, on 24 April 2015, the working group adopted the draft report on

its third session ad referendum and decided to entrust the Chairperson-Rapporteur with its

finalization.

Annex

Text presented by the Chairperson-Rapporteur on 24 April 2015

United Nations declaration on the right to peace*

Preamble

The General Assembly,

PP1 Guided by the purposes and principles of the Charter of the United Nations,

PP2 Recalling the Universal Declaration of Human Rights, the International Covenant on Civil and

Political Rights, the International Covenant on Economic, Social and Cultural Rights and the Vienna

Declaration and Programme of Action,

PP3 Recalling also the Declaration on the Right to Development, the United Nations Millennium

Declaration, including the Millennium Development Goals, and the 2005 World Summit Outcome,

PP4 Recalling further the Declaration on the Preparation of Societies for Life in Peace, the Declaration

on the Right of Peoples to Peace and the Declaration and Programme of Action on a Culture of Peace,

and other international instruments relevant to the subject of the present declaration,

PP5 Recalling the Declaration on the Granting of Independence to Colonial Countries and Peoples,

[PP6 Recalling the Declaration on Principles of International Law concerning Friendly Relations and

Cooperation among States in accordance with the Charter of the United Nations,]**

PP7 Reaffirming the obligations of all Member States, as enshrined in the Charter of the United

Nations, to refrain in their international relations from the threat or use of force against the territorial

integrity or political independence of any State, or in any other manner inconsistent with the purposes of

the United Nations, and to settle their international disputes by peaceful means in such a manner that

international peace and security, and justice are not endangered,

[PP8 Reaffirming that the full realization of the right of all peoples, including those living under colonial

or other forms of alien domination or foreign occupation, to self-determination, as enshrined in the

Charter and embodied in the International Covenants on Human Rights, as well as in the Declaration on

the Granting of Independence to Colonial Countries and Peoples, is integrally linked to the fuller

development of a culture of peace,]

PP9 Recognizing the importance of the settlement of disputes or conflicts through peaceful means,

[PP10 Deeply deploring all acts of terrorism, recalling that the Declaration on Measures to Eliminate

International Terrorism recognizes that acts, methods and practices of terrorism constitute a grave

violation of the purposes and principles of the United Nations and may pose a threat to international peace

and security, jeopardize friendly relations among States, threaten the territorial integrity and security of

States, hinder international cooperation and aim at the destruction of human rights, fundamental freedoms

and the democratic bases of society, and solemnly reaffirming its unequivocal condemnation of all acts,

methods and practices of terrorism [including providing support for terrorist groups, such as financial

* The title of the the text presented by the Chairperson-Rapporteur was not discussed at the third

session of the working group.

** Square brackets denote text on which consensus was not reached.

support and safe havens for those who incite, plan, finance or commit terrorist acts as criminal and

unjustifiable], wherever and by whomever committed,]

[PP11 Stressing that all measures taken in the fight against terrorism must be in compliance with the

obligations of States under international law, including international human rights, refugee and

humanitarian law, as well as those enshrined in the Charter,]

PP12 Reaffirming the determination of the peoples of the United Nations as expressed in the Preamble to

the Charter to save succeeding generations from the scourge of war, to reaffirm faith in fundamental

human rights, to promote social progress and better standards of life in larger freedom, and to practice

tolerance and live together in peace with one another as good neighbours,

PP13 Recalling 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, and recognizing that

development, peace and security and human rights are interlinked and mutually reinforcing,

[PP14 Recognizing that peace is not only the absence of conflict, but also requires a positive, dynamic

participatory process where dialogue is encouraged and conflicts are solved in a spirit of mutual

understanding and cooperation,]

PP15 Recalling also that the recognition of the inherent dignity and the equal and inalienable rights of

all members of the human family is the foundation of freedom, justice and peace in the world, and

recognizing that peace [is critically enhanced for] the full enjoyment of all inalienable rights derived from

the inherent dignity of all human beings,

PP16 Recalling further that everyone is entitled to a social and international order in which the rights

and freedoms set forth in the Universal Declaration of Human Rights can be fully realized,

PP17 Recalling the commitment of the international community to eradicate poverty and to promote

sustained economic growth, sustainable development and global prosperity for all and the need to address

inequalities within and among States,

PP18 Recognizing the importance of the prevention of armed conflict [, notably/including] through

[multilateralism and diplomacy], in accordance with the purposes and principles of the Charter, and of the

commitment to promote a culture of prevention of armed conflict as a means of effectively addressing the

interconnected security and development challenges faced by peoples throughout the world, bearing in

mind the human and material costs of armed conflicts,

PP19 Recalling that the full and complete development of a country, the welfare of the world and the

cause of peace require the maximum participation of women on equal terms with men in all fields,

PP20 Reaffirming the conviction expressed in the Constitution of the United Nations Educational,

Scientific and Cultural Organization that, since wars begin in the minds of human beings, it is in the

minds of human beings that the defences of peace must be constructed,

[PP21 Recalling that every State has the duty to address advocacy of hatred and prejudice against other

peoples as contrary to the principles of peaceful coexistence and friendly cooperation,]

PP22 Recalling the importance of promoting actions aimed at [eliminating the root causes] the

contributing factors of conflict, while taking into consideration, inter alia, political, social and economic

factors,

[PP23 Recalling that development assistance and capacity-building based on the principle of national

ownership in post-conflict situations should restore peace through rehabilitation, reintegration and

reconciliation processes involving all those engaged, and recognizing the importance of peacemaking,

peacekeeping and peacebuilding activities of the United Nations for the global pursuit of peace and

security,]

PP24 [ Recalling also that the wide diffusion of culture], and the education of humanity for justice and

liberty and peace are indispensable to the dignity of human beings and constitute a [sacred] duty that all

nations must fulfil in a spirit of mutual assistance and concern,

PP25 Reaffirming that the culture of peace is a set of values, attitudes, traditions and modes of behaviour

and ways of life, as identified in the Declaration on a Culture of Peace, and that all this should be fostered

by an enabling national and international environment conducive to peace,

PP26 Recognizing the importance of moderation and tolerance as values contributing to the promotion of

peace and security,

PP27 Recognizing also the important contribution that civil society organizations can make in building

and preserving peace, as well as in strengthening a culture of peace,

PP28 Stressing the need for States, the United Nations system and other relevant international

organizations to allocate [substantial] resources to programmes aimed at strengthening the culture of

peace and upholding human rights awareness through training, teaching and education,

PP29 Stressing also the importance of the contribution of the United Nations Declaration on Human

Rights Education and Training to the promotion of a culture of peace,

PP30 Recalling that respect for the diversity of cultures, tolerance, dialogue and cooperation, in a

climate of mutual trust and understanding, are among the best guarantees of international peace and

security,

PP31 Recalling also that tolerance is respect, acceptance and appreciation of the rich diversity of our

world’s cultures, our forms of expression and ways of being human, as well as the virtue that makes

peace possible and contributes to the promotion of a culture of peace,

PP32 Recalling further that [every nation and every human being, regardless of race, conscience,

language or sex, has the inherent right to life in peace],

PP33 Recalling further that the constant promotion and realization of the rights of persons belonging to

national or ethnic, religious and linguistic minorities as an integral part of the development of a society as

a whole and within a democratic framework based on the rule of law would contribute to the

strengthening of friendship, cooperation and peace among peoples and States,

[PP34 Recalling the primary responsibility of States to promote measures to eliminate all forms of

racism, racial discrimination, xenophobia and related intolerance, as well as all forms of intolerance and

discrimination based on religion or belief,]

[PP35 Recognizing that racism, racial discrimination, xenophobia and related intolerance are among the

root causes of armed conflict and very often one of its consequences, and recalling that non-

discrimination is a fundamental principle of international law,]

PP36 Inviting solemnly all stakeholders to guide themselves in their activities by recognizing the high

importance of practicing tolerance, dialogue, cooperation and solidarity among all human beings, peoples

and nations of the world as a means to promote peace, [; to that end, present generations should ensure

that both they and future generations learn to live together in peace] with the highest aspiration of sparing

future generations the scourge of war,

Article 1***

Everyone has the right to enjoy peace such that security is maintained, all human rights are

promoted and protected and development is fully realized.

Article 2

States should respect, implement and promote equality and non-discrimination, justice and

the rule of law and guarantee the security of their people, fulfil their needs and ensure the

protection and promotion of their universally recognized human rights and fundamental

freedoms as a means to build peace.

Article 3

States, the United Nations and specialized agencies should take appropriate sustainable

measures to implement the present Declaration. Encourages international, regional, national

and local organizations and civil society to support and assist in the implementation of the

present Declaration.

Article 4

Nothing in the present Declaration shall be construed as being contrary to the purposes and

principles of the United Nations. The provisions included in this Declaration are to be

interpreted in accordance with the Charter of the United Nations, the Universal Declaration

of Human Rights and international law.

*** The articles of the text presented by the Chairperson-Rapporteur were not discussed at the third

session of the working group.