A/HRC/17/39
A new special procedure
68.
At the expert workshop on the right of peoples to peace, convened by OHCHR in
Geneva on 15 and 16 December 2009, an expert suggested creating the mandate of Special
Rapporteurs or independent expert on the right to peace.78
A new working group
69.
The Spanish Society for the Advancement of Human Rights Law suggested setting
up a working group as a monitoring mechanism. The Santiago Declaration mentions in
article 15 a working group on the human right to peace, which would be composed of 10
members, with the functions of promoting the observance and implementation of the
Declaration. In its mandate, the working group would have the competences (a) to promote
worldwide observance and awareness of the human right to peace; (b) to gather, assemble
and respond effectively to any relevant information from States, international organizations
and their organs, civil society organizations, national human rights institutions, concerned
individuals and any other reliable source; (c) to carry out in loco investigations concerning
violations of the human right to peace and to report to the pertinent bodies; (d) to address
recommendations, appeals and urgent actions to the States Members of the United Nations,
requesting them to take appropriate measures for the effective realization of the human
right to peace, giving due consideration to those recommendations and appeals; (e) to draw
up, on its own initiative or at the request of the General Assembly, the Security Council or
the Human Rights Council, the reports it deems necessary in the event of an imminent
threat to or serious violation of the human right to peace; (f) to present an annual report of
its activities to the General Assembly, the Security Council and the Human Rights Council;
(g) to contribute to the elaboration of definitions and norms concerning the crime of
aggression and the limits of legitimate self-defence; and (h) to submit to the Prosecutor of
the International Criminal Court or other competent international criminal tribunals reliable
information about any situation in which it would appear that crimes falling within the
jurisdiction of the Court or of another international criminal tribunal have been committed.
A new open-ended working group
70.
At the above-mentioned expert workshop, one expert suggested an open-ended
working group of Member States, open to the participation of civil society organizations.79
71.
The Advisory Committee does not recommend a specific mechanism at this time,
electing rather to await comments and proposals arising from the discussion.
VIII.
Conclusion
72.
The present report proposes more than 40 possible standards for inclusion in
the draft declaration on the human right of peoples to peace, specific rationale for
including them and relevant legal standards.
73.
After its sixth session, the Advisory Committee invited stakeholders to
comment on the present report in a questionnaire, as is the custom in all study
projects.
74.
In the light of discussions held by the Human Rights Council and of responses
from stakeholders, at its upcoming meetings the Advisory Committee will work on a
78
79
20
A/HRC/14/38, para. 54.
Ibid., para. 57.
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