A/HRC/29/45
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
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