A/HRC/14/38
right of States to self-defence and on their duty to maintain international peace and security.
Therefore, if the right to peace were to be determined in absolute terms, it might not be
consistent with the right to self-defence or military steps which might be taken by the
Security Council under chapter VII.
23.
Mr. Sareva indicated that there was an important disarmament dimension in
realizing, promoting and clarifying the right to peace. There was a distinct connection
between national security and the right to life. Even during armed conflict, States had the
responsibility to protect their peoples, especially civilians. Over centuries, prohibitions had
been made on certain kinds of weapons which did not distinguish between civilians and
combatants, and severe restrictions had been laid on Governments in the use and
development of weaponry. That had become part of international customary law and
international humanitarian law. For example, with regard to weapons of mass destruction,
concerns about the right to life had found their way into many multilateral treaties
governing such weapons. Bans had been instituted on chemical weapons and biological
weapons in international treaties that were close to being universally ratified.
24.
Mr. Sareva concluded that there remained serious challenges in clarifying the
content and scope of the right to peace, in particular from the disarmament perspective, in
which national security concerns were of paramount importance to States. Given the
complex relationship between the right to peace and the right to self-defence and the
obligations to collective security, it would be necessary to take into consideration those
potentially conflicting rights in clarifying the scope and content of the right to peace.
25.
Mario Yutzis, former Chairperson of the Committee on the Elimination of Racial
Discrimination, indicated that the right of peoples to peace, traditionally claimed by both
the General Assembly and the Commission on Human Rights in previous decades, had
garnered new interest which might considerably enrich its content. Since the cold war,
States had accepted that peace and security, development and human rights were the pillars
of the United Nations system and the foundations of collective security and welfare. In
parallel, the progressive development of international human rights law had favoured the
emergence of solidarity rights. Among them, the States had codified the human right to
development. For its part, in recent years civil society had also exhibited interest and had
worked to develop the human right to peace.
26.
Mr. Yutzis recalled that there was an inextricable relationship between solidarity
rights and the human rights which were recognized 61 years ago in the Universal
Declaration of Human Rights and in the American Declaration of the Rights and Duties of
Man. They include a set of rights that the Vienna Declaration and Programme of Action
characterized as universal, indivisible and interdependent, including the right to
development.
27.
Based on the developments and interest in recent years, Mr. Yutzis stated that it was
possible to say that the right of peoples to peace had at least five new dimensions. First, it
claimed the defence of the value of life, which was the most fundamental of human rights.
That close relationship between the values of peace and life led to the assertion that there
was a human right to peace, which both peoples and individuals held. In terms of positive
law, the Human Rights Committee had affirmed the relationship between the right to life,
prevention of war and the prohibition of propaganda for war, including the proliferation of
nuclear weapons. Second, it involved the recognition of others, acknowledging the oneness
of humankind overcoming all forms of prejudice, whether due to race, class, colour, nation,
gender, degree of civilization or anything else that served in arguments to support and
impose the superiority of people and/or social groups. Third, it was a valuable resource
against violence arising from armed conflict and structural violence, because conflict was
incubated in discrimination and undue restrictions on human rights. All forms of violence
impeded the consolidation of peace. Fourth, other instruments of universal scope explained
8
GE.10-12138
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