LUARCA Declaration
LUARCA Declaration
LUARCA Declaration
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beings, to the elimination of all kinds of violence and to the effective respect
for all human rights;
(3) Taking account of the principles and rules enshrined in the main human
rights instruments of the United Nations in respect of human rights, in particular the Universal Declaration of Human Rights, the Declaration on the Right
to Development, the International Covenant on Economic, Social and Cultural
Rights, the International Covenant on Civil and Political Rights, the
International Convention on the Elimination of All Forms of Racial
Discrimination, the Convention on the Elimination of All Forms of
Discrimination against Women, the Convention on the Rights of the Child, the
Convention against Torture and other Cruel, Inhuman or Degrading Treatment
or Punishment and the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families;
(4) Considering that international law constitutes an instrument whose proper and effective implementation is essential to the attainment of peace, and that
such an attainment is the shared responsibility of men and women, peoples,
states, international organisations, civil society, corporations and other elements of society and, in general, of the whole international community;
(5) Recalling that the Charter of the United Nations requires Member States
to settle their international disputes by peaceful means in such a manner that
international peace and security, and justice, are not endangered, and to
refrain, in their international relations, from the threat or use of force against
the territorial integrity or political independence of any state, or in any other
manner inconsistent with the purposes and principles of the United Nations;
(6) Recalling the Istanbul Declaration, adopted by Resolution XIX (1969)
of the XXI International Red Cross Conference, which states that human
beings have the right to enjoy lasting peace and Resolution 5/XXXII (1976) of
the United Nations Commission on Human Rights, which affirms that everyone has the right to live in conditions of peace and international security;
(7) Recalling also the relevant resolutions of the General Assembly, inter alia
resolution 33/73 of 15 December 1978, which adopts the Declaration on the
Preparation of Societies for Life in Peace; resolution 39/11 of 12 November
1984, which proclaims the Declaration on the Right of Peoples to Peace; resolution 53/243 of 13 September 1999, which proclaims the Declaration on a
Culture of Peace, the Rio Declaration on Environment and Development of
1992; and resolution 55/282 of 7 September 2001, which decided that the
International Day of Peace is to be observed on 21 September each year;
(8) Recognising also that, in accordance with the Preamble to the Constitution of
the United Nations Educational, Scientific and Cultural Organization, since wars
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begin in the minds of men, it is in the minds of men that the defences of peace must
be constructed, and that, according to that Organisation, it is necessary to promote
a culture of peace, by which is meant a set of values, attitudes, patterns of behaviour and ways of life that reject violence and prevent conflicts by tackling their root
causes through dialogue and negotiation among individuals, groups and States;
(9) Observing that the commitment to peace is a general principle of international law, in accordance with Article 38.1.c) of the Statute of the International Court of
Justice, as was recognised by the International Consultation of experts, representing 117 States, on the Human Right to Peace, held in Paris in 1998;
(10) Considering that the international community requires the codification
and progressive development of the human right to peace, as a right with its
own entity, with universal vocation and intergenerational character, since it
applies to both present and future generations;
(11) Recalling that human rights are inalienable, universal, indivisible and
interdependent and that the Charter of the United Nations reaffirms faith in
fundamental human rights, in the dignity and worth of the human person and
in the equal rights of men and women;
(12) Conscious of the vulnerability and dependence of human beings, of
the right and need of individuals and groups to live in peace and to have a
national and international social order established, in which peace has
absolute priority, so that the rights and freedoms proclaimed in the Universal
Declaration of Human Rights can be fully realised;
(13) Considering that the promotion of a culture of peace, the world-wide
redistribution of resources and the achievement of social justice must contribute to the establishment of a new international economic order which will
facilitate the fulfilment of the proposals of this Declaration, by eliminating the
inequality, exclusion and poverty which generate structural violence incompatible with peace on the national and international levels;
(14) Bearing in mind that peace must be based on justice, concerned for the fate
of victims of human rights violations and breaches of international humanitarian
law, and recalling their right to justice, to the truth and to effective remedy which
includes the restitution of their honour, the rehabilitation of their memory and the
adoption of measures to prevent a repetition of those acts, thus contributing to
reconciliation and the establishment of lasting peace;
(15) Conscious that the end of impunity as an instrument of peace requires
every military or security institution to be fully subordinate to the rule of law, to
the fulfilment of obligations arising under international law, to the observance of
human rights and of international humanitarian law, and to the attainment of
peace, and that, therefore, military discipline and compliance with orders from
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Article 2
Right to education on peace and human rights
Every person has the right to receive peace and human rights education, the
basis of every educational system, which will help to generate social processes based on trust, solidarity and mutual respect, promote the peaceful settlement of conflicts and lead to a new way of approaching human relationships.
Article 3
Right to human security
Everyone has the right to human security, which shall include inter alia:
a) The right to have the material instruments, means and resources which
enable him/her to fully enjoy a life worthy of human dignity and, to that end,
the right to have essential food and drinking water, primary health care, basic
clothing and housing and a basic education;
b) The right to enjoy fair conditions of employment and trade union participation, and the right to the protection of the social services, on equal
terms for persons having the same occupation or providing the same service.
Article 4
Right to live in safe and healthy environment
Human beings and peoples have the right to live in a private and public environment which is safe and healthy, and to receive protection against acts of
unlawful violence, irrespective of whether they are perpetrated by state or
non-state actors;
Article 5
Right to disobedience and conscientious objection
Everyone, individually or in a group, has the right to civil disobedience and
conscientious objection for peace, which consists in:
a) The right to civil disobedience in respect of activities which involve
threats against peace, including peaceful protest and peaceful non-compliance
with laws which offend the conscience;
b) The right of the members of any military or security institution to disobey criminal or unjust orders during armed conflicts and to refrain from participating in armed operations, whether international or national, which vio-
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late the principles and norms of international human rights law or international humanitarian law;
c) The right to refrain from participating in -and to denounce publicly- scientific research for the manufacture or development of arms of any kind;
d) The right to acquire the status of conscientious objector in respect of
military obligations;
e) The right to object to paying taxes allocated to military expenditure and
to object to taking part, in a working or professional capacity, in operations
which support armed conflicts or which are contrary to international human
rights law or international humanitarian law;
Article 6
Right to resist and oppose barbarity
1. All individuals and peoples have the right to resist and even to rebel
against serious, mass or systematic violations of human rights and of the right
of peoples to self-determination, in accordance with international law.
2. Individuals and peoples have the right to oppose war, war crimes, crimes
against humanity, violations of human rights, crimes of genocide and aggression, any propaganda in favour of war or inciting violence, and violations of
the human right to peace, as defined in this Declaration.
Article 7
Right to refugee status
1. Everyone has the right to seek and obtain refugee status in any country,
without discrimination, in the following circumstances:
a) If the person is persecuted for activities supporting peace, opposing war
or promoting human rights;
b) If the person has a justified fear of persecution by state or non-state
agents, on grounds of race, sex, religion, nationality, membership of a particular social group or political opinion;
c) If the person is the victim of enforced displacement, international or internal, occasioned by any kind of armed conflict or environmental disaster.
2. Refugee status shall include:
a) The right to integration into society and employment;
b) The right to effective remedy, in accordance with this Declaration, for
violations of human rights and fundamental freedoms;
c) The right to return to the country of origin with proper guarantees, once
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the causes of persecution have been removed and, depending on the circumstances, the armed conflict has ended.
Article 8
Right to emigrate, to settle peaceably and to participate
1. Everyone has the right to emigrate and to settle peaceably, and also to
return to his/her country of origin. No foreigner may be expelled without the
proper guarantees provided for in international law and in accordance with the
principle of non-refoulement.
2. In particular, everyone has the right to emigrate if his/her right to human
security or his/her right to live in a secure and healthy environment, as provided for in Articles 3 a) and 4 of this Declaration, are in danger or under
serious threat.
3. Everyone has the right to participate, individually or in a group, in the
public affairs of the country in which he/she has his/her habitual residence.
4. Every person or group has the right to the establishment of specific mechanisms and institutions for participation which ensure the free and public
expression of his/her/their individual and collective concerns and claims.
Article 9
Exercise of the freedom of thought, conscience and religion
Everyone has the right to express publicly his/her freedom of thought, conscience and religion; and to obtain respect for his/her right to have, adopt and
express, individually or in a group, the beliefs and convictions of his/her
choice, as established in international human rights law.
Article 10
Right to an effective remedy
1. Everyone has the right to an effective remedy to protect him/her against
violations of his/her human rights.
2. Everyone has the imprescriptible and unrenounceable right to obtain justice in respect of violations of his/her human rights, which shall include the
investigation and establishment of the facts, as well as the identification and
punishment of those responsible.
3. The victims of violations of human rights, the members of their families
and society in general have the right to know the truth.
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Article 11
Right to disarmament
Individuals and peoples have the right:
a) Not to be regarded as enemies by any State;
b) To the general and transparent disarmament of all States, together and in
a coordinated manner, within a reasonable time and under efficient and comprehensive international supervision;
c) To the allocation of the resources freed by disarmament to the economic,
social and cultural development of peoples and the fair redistribution of such
resources, responding especially to the needs of the poorest countries and to
vulnerable groups, in such a way as to put an end to inequality, social exclusion and poverty.
Article 12
Right to development
1. All individuals and all peoples have the inalienable right to participate in
an economic, social, cultural and political development in which all the human
rights and fundamental freedoms shall be fully realised, and to contribute to
and to enjoy such development.
2. All individuals and all peoples have the right to the elimination of obstacles to the realisation of the right to development, such as service of the foreign
debt or maintenance of an unjust international economic order which generates
poverty and social exclusion.
Article 13
Right to a sustainable natural environment
All individuals and all peoples have the right to live in a sustainable natural
environment, as a basis for the peace and survival of mankind.
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Article 14
Vulnerable groups
1. All persons belonging to vulnerable groups have the right to an examination of the specific effects on enjoyment of their rights of the different forms
of violence to which they are subject, and to the adoption of measures in that
respect, including recognition of their right to participate in the adoption of
those measures.
2. In particular, the specific contribution of women to the peaceful settlement of disputes shall be promoted.
Article 15
Requirements of peace and truthful information
Individuals and peoples have the right to demand that peace effectively be
achieved, and they shall therefore:
a) Urge States to engage in the effective implementation of the collective
security system established in the Charter of the United Nations, and the
friendly settlement of disputes, in full compliance also with the rules of international human rights law and international humanitarian law;
b) Denounce any act which threatens or violates the human right to peace
and, to that end, receive objective information related to conflicts;
c) Participate freely and by any peaceful means in political and social
activities and initiatives to protect and promote the human right to peace,
without abusive interference from the public authorities at local, national
and international level.
SECTION B. OBLIGATIONS
Article 16
Obligations for the realisation of the human right to peace
1. The effective and practical realization of the human right to peace necessarily involves duties and obligations for States, international organizations,
civil society, peoples, men and women, corporations and other elements of
society and, in general, the whole international community.
2. Under the current international order the fundamental responsibility for
preserving peace and protecting the human right to peace lies with the States
and also with the United Nations Organisation as a centre which harmonises
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the concerted efforts of all nations to fulfil the purposes and principles proclaimed in the Charter of the United Nations.
3. States have the obligation to protect human rights, to prevent and cooperate
in the prevention of catastrophes, to respond to catastrophes when they occur
and to repair the damage caused. They are also required to adopt measures to
build and consolidate peace.
4. The United Nations Organization should be further enabled to prevent violations and protect human rights and human dignity, including the human right to
peace, in cases of serious or systematic violations. In particular, it is for the
Security Council, the General Assembly, the Human Rights Council or any other
competent body to take effective measures to protect human rights from violations which may constitute a danger or threat to international peace and security.
5. Any unilateral military intervention by one or more States, without the
preceptive authorisation of the Security Council pursuant to the Charter of
the United Nations, is unacceptable, constitutes a serious infringement of
the purposes and principles of the Charter and is contrary to the human right
to peace.
6. The composition and procedures of the Security Council shall be
reviewed so as to ensure the proper representation of the current international
community and the establishment of transparent working methods which
allow the participation of civil society and other international actors.
7. The United Nations system must be fully and effectively involved,
through the Peacebuilding Commission, in the preparation of integral strategies for peacebuilding and the reconstruction of countries concerned once the
armed conflicts have ended, ensuring stable sources of financing and effective
coordination within the system.
PART II
IMPLEMENTATION OF THE DECLARATION
Article 17
Establishment of the Working Group on the Human Right to Peace
1. A Working Group on the Human Right to Peace (hereinafter called the
Working Group) will be established. It will be composed of ten members who
will carry out the functions set forth in Article 18.
2. The members of the Working Group will be nationals from the Member
States of the United Nations who will carry out their duties with complete
independence and in their personal capacity.
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3. The following criteria will be taken into account for their election:
a) The experts shall be of high moral standing, impartiality and integrity, and
show evidence of long and appropriate experience in any of the spheres stated
in Part I of this Declaration;
b) Equitable geographical distribution and representation of the different
forms of civilisation and of the main legal systems of the world;
c) There shall be a balanced gender representation; and
d) There may not be two experts from the same State.
4. The members of the Working Group will be elected by secret ballot at a
session of the United Nations General Assembly from a list of candidates proposed by the Member States. The ten candidates who obtain the highest number of votes and a two thirds majority of the States present and voting will be
elected. The initial election will take place at the latest three months after the
date of adoption of this Declaration.
5. The experts will be elected for four years and may be re-elected only once.
6. Half of the Working Group will be renewed every two years.
Article 18
Functions of the Working Group
1. The main function of the Working Group is to promote the observance and
implementation of this Declaration. In the exercise of its mandate it has the
following competences:
a) To promote worldwide observance and awareness of the human right to
peace, acting with discretion, objectivity and independence and adopting an
integral approach which takes account of the universality, interdependence
and indivisibility of human rights and the overriding need to achieve international social justice;
b) To gather, analyse and respond effectively to any relevant information
from States, international organisations and their bodies, civil society organisations, concerned individuals and any other reliable source;
c) Whenever appropriate, to address recommendations and appeals to Member
States of the United Nations to adopt appropriate measures for the effective realisation of the human right to peace, in accordance with Part I of this Declaration.
States shall give due consideration to those recommendations and appeals;
d) 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 case of an imminent threat to or serious violation of the
human right to peace, as defined in Part I of this Declaration;
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