[United Nations Declaration on the right to peace] Preamble Provisions Sources



Download 43.23 Kb.
Date conversion03.05.2016
Size43.23 Kb.
[United Nations Declaration on the right to peace]
Preamble
Provisions Sources

The General Assembly




Guided by the purposes and principles of the Charter of the United Nations

Art. 1 and 2 of the UN Charter

Recalling the Universal Declaration of Human Rights and the International Covenants on Civil, Political, Economic, Social and Cultural Rights

UDHR, UNGA Resolution 217 A (III), 10 December 1948; ICCPR, UNGA Resolution 2200A (XXI), 16 December 1966; ICESCR, UNGA Resolution 2200A (XXI), 16 December 1966


Recalling the Declaration on the Right to Development, the Millenium Declaration, including the Millenium Development Goals and the Vienna Declaration and Programme of Action

UNGA Resolution 41/128 on Declaration on the Right to Development of 1986, UNGA Resolution 55/2 on Millenium Declaration of 2000 and Vienna Declaration and Programme of Action of 1993

Mindful of the Declaration on the Preparation of Societies for Life in Peace, the Declaration on the Right of Peoples to Peace and the Declaration and Programme of Action on a Culture of Peace



Resolution 33/73 on Declaration on the Preparation of Societies for Life in Peace, 15 December 1978; Resolution 39/11 on Declaration on the Right of Peoples to Peace, 12 November 1984 and Resolution 53/243 on Declaration and Programme of Action on Culture of Peace, 13 September 1999

Recalling that the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations recognised that friendly relations among nations are based on the respect for the principles of equal rights, self-determination of peoples, territorial integrity, political independence, international cooperation, peaceful settlement of disputes, sovereignty and non-interference in domestic jurisdiction of any State (notions included in the Declaration)

UNGA resolution 25/2625, 24 October 1970



Recalling that the Declaration on Measures to Eliminate International Terrorism recognised that acts, methods and practices of terrorism constitute a grave violation of the purposes and principles of the United Nations, which may pose a threat to international peace and security, jeopardize friendly relations among States, hinder international cooperation and aim at the destruction of human rights, fundamental freedoms and the democratic bases of society (cut and paste)

Art. I.2, UNGA resolution 49/60, 9 December 1994




First pillar: peace and security


Recalling the determination of the peoples of the United Nations to practice tolerance and live together in peace with one another as good neighbors in order to save succeeding generations from the scourge of war, to reaffirm faith in fundamental human rights, and to promote social progress and better standards of life in larger freedom

(Partially drafted on the basis of the inputs received at the 2º session of the OEWG)


Preamble, para. 1 and Art. 1.2 of the UN Charter




Recalling that peace and security, development and human rights are the pillars of the United Nations system and the foundations for collective security and well-being, and recognizing that development, peace and security and human rights are interlinked and mutually reinforcing (cut and paste)

Preamble, paragraph 6, Resolution 60/251 on the Human Rights Council adopted by the General Assembly on 15 March 2006 and Art. 72, World Summit Outcome Document, Doc. 60/1, General Assembly, 24 October 2005

Recognizing that peace is not only the absence of conflict, but also requires a positive, dynamic participatory process where dialogue is encouraged and conflicts are solved in a spirit of mutual understanding and cooperation (cut and paste)

Preamble, paragraph 4, Declaration on a Culture of Peace, 13 September 1999


Second pillar: Human Rights


Recalling also that the recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, and that freedom, justice and peace are prerequisite for the enjoyment of dignity and of inalienable rights by all members of the human family (cut and paste, including proposals made by stakeholders)

Preamble, paragraph 1, Universal Declaration of Human Rights, 10 December 1948



Recalling that disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind (cut and paste)

Preamble, paragraph 2, Universal Declaration of Human Rights, 10 December 1948

Recalling in particular that everyone is entitled to a social and international order in which the rights and freedoms set forth in the Universal Declaration of Human Rights can be fully realized (cut and paste)

Art. 28, Universal Declaration of Human Rights, 10 December 1948

Recalling that all human rights are universal, indivisible, interrelated, interdependent and mutually reinforcing, and that the international community should treat human rights in a fair and equal manner, on the same footing and with the same emphasis (cut and paste, including proposals made by stakeholders)

Part. I, Art. 5, Vienna Declaration and Programme of Action on Human Rights, 12 July 1993

Recalling that the United Nations contributes, through dialogue and cooperation, towards the prevention of human rights violations and abuses and prompt responses to human rights emergencies

(Partially drafted on the basis of the inputs received at the 2º session of the OEWG)



Art. 5, paragraph f, Resolution 60/251 on the Human Rights Council adopted by the General Assembly, 15 March 2006


Third pillar: Development


Recalling the world commitment to eradicate poverty and promote sustained economic growth, sustainable development and global prosperity for all and the need to reduce inequalities within and among countries (cut and paste)

Art. 19, World Summit Outcome Document, Doc. 60/1, General Assembly, 24 October 2005

Recalling the importance of prevention of armed conflict in accordance with the purposes and principles of the Charter and of the commitment to promote a culture of prevention of armed conflict as a means of effectively addressing the interconnected security and development challenges faced by peoples throughout the world (cut and paste)

Art. 74, World Summit Outcome Document, Doc. 60/1, General Assembly, 24 October 2005

Recalling that the full and complete development of a country, the welfare of the world and the cause of peace require the maximum participation of women on equal terms with men in all fields (cut and paste)

Preamble, paragraph 12, Convention on the Elimination of All Forms of Discrimination against Women, 18 December 1979)

Peace education and culture of peace



Recalling that since wars begin in the minds of human beings, it is in the minds of human beings that the defences of peace must be constructed

(This provision has partially been cut and pasted. The notion of “men” has been replaced for “human beings”, in order to include a more neutral language and take into account the gender approach)


Preamble, paragraph 1, UNESCO Constitution, 16 November 1945





Recalling also that the wide diffusion of culture, and the education of humanity for justice and liberty and peace are indispensable to the dignity of human beings and constitute a sacred duty which all the nations must fulfil in a spirit of mutual assistance and concern

(This provision has partially been cut and pasted. The notion of “men” has been replaced for “human beings”, in order to include a more neutral language and take into account the gender approach)



Preamble, paragraph 4, Constitution of UNESCO, 16 November 1945



Recalling that a culture of peace is a set of values, attitudes, traditions and modes of behaviour and ways of life based on, among others, respect for life, ending violence and promotion and practice of non-violence through education, dialogue and cooperation and the right to development (cut and paste)

Art. 1.A and 1.F, Declaration and Programme of Action on Culture of Peace, 13 September 1999

Recalling that a culture of peace is greatly enhanced when Governments, the United Nations system as well as other multilateral organizations increase considerably the resources allocated to programmes aiming at the establishment and strengthening of national legislation, national institutions and related infrastructure, which uphold human rights awareness through training, teaching and education

(This provision has partially been cut and pasted, by linking the notions of culture of peace and the role played by the United Nations and multilateral organizations)



Art. 34, Vienna Declaration and Programme of Action on Human Rights, 12 July 1993



Recalling further that respect for the diversity of cultures, tolerance, dialogue and cooperation, in a climate of mutual trust and understanding are among the best guarantees of international peace and security (cut and paste)

Preamble, paragraph 7, Universal Declaration on Cultural Diversity, UNESCO, 2 November 2001



Recalling also that the tolerance is respect, acceptance and appreciation of the rich diversity of our world's cultures, our forms of expression and ways of being human, as well as a the virtue that makes peace possible and contributes to the promotion of a culture of peace (cut and paste)


Art. 1, Declaration of Principles on Tolerance, UNESCO, 16 November 1995

Recalling that every nation and every human being, regardless of race, conscience, language or sex, has the inherent right to life in peace (cut and paste)



Art. 1, Declaration on the Preparation of Societies for Life in Peace –adopted in 1978 with two abstentions-.

On 12 December 2002, the UNGA adopted the resolution 42/91 “Implementation of the Declaration on the Preparation of Societies for Life in Peace” without vote by which invited “all States to guide themselves in their activities by principles enshrined in the Declaration aimed at establishing, maintaining and strengthening a just and durable peace for present and future generations”




Purposes of the Declaration: elimination of the threat of war and responsibility of present generations



Inviting solemnly all stakeholders to guide themselves in their activities by recognizing the supreme importance of practicing tolerance, dialogue, cooperation and solidarity among all human beings, peoples and nations of the world as a means to promote peace through the realization of all human rights and fundamental freedoms, in particular the right to life, and dignity. To that end, the 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 first part of the paragraph is language proposed by the Chairperson-Rapporteur and the second one makes reference Art. 9.1 and 9.2, Declaration on the Responsibilities of the Present Generations Towards Future Generations, UNESCO, 12 November 1997




Article 1


Everyone is entitled to enjoy peace and security, human rights and development.

Art. 2 of the Universal Declaration of Human Rights, Art. 38 of the ASEAN Declaration on Human Rights and the three UN pillars


Article 2


States should respect, implement and promote equality and non-discrimination, justice and the rule of law and guarantee freedom from fear and want as a means to build peace within and between societies.

Inclusion of equality and non-discrimination, justice and rule, freedom from fear and want (Preamble, paragraph 2 and Art. 2 and 8, UDHR)


Article 3


The United Nations and specialized agencies, as well as international, regional, national organizations and local organizations, including civil society, should take appropriate sustainable measures to act, support and assist in achieving the present Declaration.

Language proposed by the Chairperson-Rapporteur after consulting

UN entities and humanitarian organizations.




Article 4


Nothing in the present Declaration shall be construed as being contrary to the purposes and principles of the United Nations. The provisions included in this Declaration are to be understood in the line of the Charter of the United Nations, the Universal Declaration of Human Rights and relevant international and regional instruments ratified by States.

Principle pro homine or pro persona.



Language proposed by the Chairperson-Rapporteur




The database is protected by copyright ©essaydocs.org 2016
send message

    Main page