A/HRC/4/62
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aspects of economic, political and social life.31 Accordingly, efforts to address serious violations
of international humanitarian law on the one hand and promote economic growth on the other,
however crucial, will not bring the expected results - sustainable peace - if systemic violations of
economic, social and cultural rights are not explicitly addressed alongside them. This calls for
legal and institutional foundations for the protection of economic, social and cultural rights.
45.
In post-conflict settings, legislative and institutional frameworks are marked by the
conflict in a variety of ways: they may contribute to impunity or contain discriminatory
elements, while they rarely reflect the minimum requirements set by international human rights
standards.32 Therefore, a further step towards ensuring that human rights violations will not be
perpetuated in the future is the creation or strengthening of an inclusive system of governance,
politically, economically and socially, which guarantees non-discriminatory access to public
services, power and resources for all. This is extremely relevant for the realization of economic,
social and cultural rights.
46.
A compelling starting point in this respect is peace agreements, which are usually seen to
precede the post-conflict phase. Peace agreements not only end a conflict and a pattern of gross
human rights violations. In addition, they often lay the foundations for a wide range of political,
legal or judicial arrangements and processes which may greatly support renewed State
accountability and the reconstruction of a society based on the rule of law. In this respect, the
potential of peace agreements for protecting human rights in the long run should be further
explored, notwithstanding the tensions between human rights considerations and the need for a
rapid peace settlement.33
47.
The High Commissioner for Human Rights has stressed that when peace agreements
include human rights,34 they should give adequate consideration to economic, social and cultural
rights.35 The inclusion of these rights in peace agreements would seem particularly crucial if
violations of them were sources of the conflict. While peace agreements tend to recognize only
civil and political rights, some agreements have expressly acknowledged the importance of
social justice and the need to guarantee a number of economic, cultural and social rights, in
particular those of marginalized groups, as a means to address widespread patterns of
31
P. Collier, et al., op. cit.
32
S/2004/616, para. 27.
33
Ibid., para. 64 (Recommendations).
34
See, for example, The International Council on Human Rights Policy, Human Rights in Peace
Agreements, 2006.
35
High Commissioner for Human Rights, “Economic and social justice for societies in
transition”, op. cit.
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