By Christian Guillermet Fernández and David Fernández Puyana
GENEVA, Jul 29 2016 (IPS)

On 1 July 2016, the Human Rights Council (HRC) of the United Nations in Geneva adopted a Declaration on the Right to Peace by a majority of its Member States. It is the result of three years of work with all stakeholders led by Costa Rica, through its Ambassador Christian Guillermet-Fernández.

The draft resolution L. 18, in which the Declaration was annexed, was presented by the delegation of Cuba. In its presentation, they highlighted not only the hard work of its Chairperson-Rapporteur, his team and Secretariat during the negotiation and preparation of this text.

Christian Guillermet Fernández

They’ve emphasized that the adoption of this Declaration is framed in the context of the bilateral ceasefire and cessation of hostilities signed in Havana, between the Government of Colombia and the Revolutionary Armed forces of Colombia-People’s Army (FARC-EP) on 23 June 2016.

While Costa Rica has provided the necessary guidance towards its completion from the first session of the Working Group on the Right to Peace, held in February 2013, to the last session in April 2015 in Geneva, the HRC’s work was aided by the invaluable mobilization and leadership shown by public figures from the world of art, culture and sport, gathered around Peace Without Borders founded by Miguel Bose and Juanes.

Furthermore, the wide-ranging civic engagement is reflected in the wording contained in the first article, which states that “everyone has the right to enjoy peace”.

In light of this Declaration, the main elements of the right to peace agreed among the various international actors, including most of the civil society organizations which actively participated in the intergovernmental process, are the following:
the principles contained in the Charter of the United Nations; the absolute obligation to respect human rights in combating terrorism; the realization of the right of all peoples, including those living under colonial or other forms of alien domination or foreign occupation; the recognition that development, peace, and security and human rights are interlinked and mutually reinforcing; the peaceful settlement and prevention of conflicts; the positive role of women; the eradication of poverty and sustainable development; the importance of moderation, dialogue, cooperation, education, tolerance and cultural diversity; the protection of minorities and the fight against racism, racial discrimination, xenophobia and related intolerance.

David Fernández Puyana

In promoting the right to peace, it is imperative that we implement the Declaration and Programme of Action on a Culture of Peace, which focuses its attention on human security and the eradication of poverty, disarmament, education, development, environment and protection of vulnerable groups, refugees, and migrants.

The Declaration invites all stakeholders to guide themselves in their activities by recognizing the great importance of practicing tolerance, dialogue, cooperation and solidarity among all peoples and nations of the world as a means to promote peace. To reach this end, the Declaration states that present generations should ensure that both they and future generations learn to live together in peace with the highest aspiration of sparing future generations the scourge of war.

At the level of implementation, the Declaration recognizes the crucial role of UNESCO, which together with the international and national institutions of education for peace, shall globally promote the spirit of tolerance, dialogue, cooperation, and solidarity. To this end, the Declaration recognises in its operative section that “University for Peace should contribute to the great universal task of educating for peace by engaging in teaching, research, post-graduate training and dissemination of knowledge”.

Based on the resolution A/HRC/32 /L.18, the HRC recommends that the General Assembly adopts the “Declaration on the Right to peace” as contained in the annex to this resolution, which will occur in the 71st regular session of the General Assembly, which began its work in September 2016.

Thanks to research, the academic contribution and the trust of many people, governments and institutions, this joint adventure has successfully concluded in Geneva. In particular, the Declaration is the result of the important role played by some sectors of civil society for years, which have shown that genuine dialogue among all stakeholders and regional groups are the foundation of peace and understanding in the world.

Christian Guillermet-Fernández, Chairperson-Rapporteur of the Working Group on the Right to Peace (2013-2015): David Fernández Puyana, Legal assistant of the Chairperson-Rapporteur (2013-2015)

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By Christian Guillermet Fernández and David Fernández Puyana
GENEVA, Apr 18 2015 (IPS)

The international community will have a great opportunity to jointly advance on the world peace agenda when a United Nations working group established to negotiate a draft U.N. resolution on the right to peace meets from Apr. 20 to 24 in Geneva.

In July 2012, the Human Rights Council (HRC) of the United Nations adopted resolution 20/15 on the “promotion of the right to peace” and established the open-ended working group to progressively negotiate a draft United Nations declaration on the right to peace.“Present generations should ensure that both they and future generations learn to live together in peace and brotherhood with the highest aspiration of sparing future generations the scourge of war and ensuring the maintenance and perpetuation of humankind”

High on the agenda of the working group has been giving a voice to victims of war and conflict.

Chaired by Ambassador Christian Guillermet, Deputy Permanent Representative of Costa Rica to the United Nations in Geneva, the working group has been conducting informal consultations with governments, regional groups and relevant stakeholders to prepare a revised text on the right to peace.

This text has been prepared on the basis of the following principles:

• the principles of the Charter of the United Nations, such as the peaceful settlement of disputes, international cooperation and the self-determination of peoples.
• elimination of the threat of war.
• the three pillars of the United Nations – peace and security, human rights and development.
• eradication of poverty and promotion of sustained economic growth, sustainable development and global prosperity for all.
• the wide diffusion and promotion of education on peace.
• strengthening of the Declaration and Programme of Action on a Culture of Peace.

Christian Guillermet Fernández, Deputy Permanent Representative of Costa Rica to the United Nations in Geneva and Chairperson/Rapporteur of the Working Group on the Right to Peace

The draft Declaration on the right to peace solemnly invites all stakeholders to guide themselves in their activities by recognising the supreme importance of practising tolerance, dialogue, cooperation and solidarity among all human beings, peoples and nations of the world as a means to promote peace through the realisation of all human rights and fundamental freedoms, in particular the right to life and dignity.

To that end, it recognises that present generations should ensure that both they and future generations learn to live together in peace and brotherhood with the highest aspiration of sparing future generations the scourge of war and ensuring the maintenance and perpetuation of humankind.

The main actors on which the responsibility rests to make reality this highest and noble aspiration of humankind are human beings, states, United Nations specialised agencies, international organisations and civil society. They are the main competent actors to promote peace, dialogue and brotherhood in the world.

It follows that everyone should be entitled to enjoy peace and security, human rights and development. In this case, entitlement is used to refer to the guarantee of access of every human being to the benefits derived from the three U.N. pillars – peace and security, human rights and development.

This draft Declaration could not have been achieved without the extensive cooperation and valuable advice received in recent years from academia and civil society. In fact, this process has involved consultations with prestigious professors of international law from over ten universities and research centres.

In particular, the Chairperson-Rapporteur has written papers – some of which will be published in the near future – in cooperation with other experts in prestigious journals of international relations and law on the different aspects on peace. He has also contributed to the Research Guide on Peace recently prepared by the Library of the United Nations in Geneva.

Since the beginning of the negotiation process, the working group has based its approach on the TICO approach – transparency (T), inclusiveness (I), consensual decision-making (C) and objectivity (O) – and a little realism.

Consensus is a process of non-violent conflict resolution in which everyone works together to make the best possible decision for the group. Consensus is the tendency not only in international relations, but the United Nations.

For important issues affecting the life of millions of people, the United Nations, including its multiple entities and bodies, works on the basis of multilateralism with the purpose of reaching important consensual decisions.

The working group on the right to peace will meet as the United Nations is commemorating its 70^th anniversary and the most important message that should be given is the adoption by consensus of a declaration which, among others, pays real tribute to all victims of war and conflict. (END/IPS COLUMNIST SERVICE)

Edited by Phil Harris    

The views expressed in this article are those of the author and do not necessarily represent the views of, and should not be attributed to, IPS – Inter Press Service. 

* Christian Guillermet Fernández is Deputy Permanent Representative of Costa Rica to the United Nations in Geneva and Chairperson/Rapporteur of the Working Group on the Right to Peace.
* David Fernández Puyana is Legal Assistant of the Chairperson/Rapporteur, Permanent Mission of Costa Rica in Geneva.

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