A/HRC/17/39
rebellion against tyranny and oppression, that human rights should be protected by the rule
of law”. The General Assembly has affirmed the right of all peoples to resist colonial or
alien domination.33
36.
The Declaration on Principles of International Law concerning Friendly Relations
and Cooperation among States in accordance with the Charter of the United Nations
recognizes the importance of peace to human rights, as well as the realization that “the
subjection of peoples to alien subjugation, domination and exploitation constitutes a major
obstacle to the promotion of international peace and security”. At the same time, the
Declaration also recognized that every State “has the duty to refrain from any forcible
action which deprives peoples … of their right to self-determination” and that peoples
subjected to such violence have a right to take “actions against, and resistance to, such
forcible action in pursuit of the exercise of their right to self-determination” and to “seek
and to receive support as determined by the General Assembly”.34
37.
The right to resist and oppose oppression is essential to achieving and maintaining a
just peace.
Proposed standards
1.
All peoples and individuals have the right to resist and oppose oppressive
colonial or alien domination that constitutes a flagrant violation of their human rights,
including the right of peoples to self-determination, in accordance with international law.
2.
All individuals have the right to oppose war crimes, genocide, aggression,
apartheid and crimes against humanity, violations of other universally recognized human
rights, any propaganda in favour of war or incitement to violence and violations of the
human right to peace, as defined in the present declaration.35
E.
Peacekeeping
38.
Peacekeeping operations relate to the protection of human rights at least in two
ways. First, they focus on the physical protection of civilians in post-conflict environments,
which is a key component of human security. The second way relates to alleged violations
by peacekeepers and/or associated personnel and their immunity under operational
command of the United Nations. Local populations should have appropriate avenues for
making complaints and receiving a response.36
Proposed standard
States and the United Nations shall include the comprehensive and effective
protection of civilians as a priority objective into mandates of peacekeeping operations.
Peacekeeping missions and peacekeepers shall comply fully with United Nations rules and
procedures regarding professional conduct, including the lifting of immunity in cases of
criminal misconduct committed off-duty, to allow local population recourse to legal
33
34
35
36
10
See General Assembly resolution 37/35.
General Assembly resolution 2625 (XXV), annex.
See Santiago Declaration, art. 6, para. 2. See also Asian Charter, para. 3.4.
See resources on webpage “Protection from sexual exploitation by UN and related personnel”, with
available from www.un.org/en/pseataskforce/tools_manage.shtml. See also Marten Zwanenburg,
Accountability of Peace Support Operations, Leiden, Boston 2005, and Keith J. Allred, “Human
Trafficking and Peacekeepers”, in Cornelius Friesendorf (ed.), “Strategies against Human Trafficking.
the Role of the Security Sector”, Vienna and Geneva, 2010, pp. 299-328.
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