I International Conference of Human Right to Peace From 6th to 8th May 2004 Donostia-San Sebastián Edition: First published, March 2008 Printing: 700 issues © Basque Country Administration Department of Justice, Employment and Social Security Internet: www.euskadi.net Edited by: Eusko Jaurlaritzaren Argitalpen Zerbitzu Nagusia Central Publications of the Basque Government C/ Donostia-San Sebastián, 1 - 01010 Vitoria-Gasteiz Design: Orma estudio gráfico Printed by: ISBN: L.D.: Index Joseba Azkarraga Rodero Presentation.............................................................................................9 Héctor Gross Spiell The Human Right to Peace in international treaties ..........................................................................13 Simon Chesterman The Human Right to Peace in the 20th century .........................................45 Joanna Weschler Human Rights violations in the aftermath of September 11 ....................................................................................59 Virginia M. Bouvier Challenges for implementing and safeguarding the Human Right to Peace .........................................................................71 Andrew Carl Public Participation in peacemaking: a 21st century imperative........................................................................89 5 Steve S. Olweean Psychological concepts of the “other”: embracing the compass of the “self” .....................................................97 Mari Fitzduff Winning peace processes. Lessons learned ...................................................................................115 James Tull New ways of transforming conflicts regarding independence ......................................................................133 Roelf Meyer Leadership and conflict: lessons ..........................................................151 Marianne Heiberg New social prominence ......................................................................159 Carmen Magallón Is there a specific contribution by women to the Human Right to Peace? ......................................................................169 Vicenç Fisas The right to construct peace processes .................................................185 Janusz Symonides Formal proposals. The legal acknowledgement of the Human Right to Peace .............................................................199 Ana Isabel Prera Proposals aimed at the principal figures involved in the Human Right to Peace .............................................................215 Carlos Villán Proposals for the United Nations .........................................................227 Manifesto demanding recognition by international institutions of the Human Right to Peace ............................................243 6 7 Presentation There is no question that we are living in difficult times. Violent conflict seems to have agonisingly taken root in a large part of the modern world. We are bearing witness to the proliferation of countless confrontations while at the same time facing stalemates in many other conflicts with no apparent solution in sight. As if it were a game of mirrors, the world of well-being is reflected in a world torn by war and suffering. People aspire for peace. But peace is not just the absence of violence, or a state of affairs imposed by the strongest. In order to be considered as such, peace must be the consequence of the recognition of eco- nomic, social and cultural rights, among others. These are precisely what make civil and political rights complete and a lasting peace possible. The Human Right to Peace has been outlined in international institutions and the aca- demic world alike. In both forums the right to live in peace has been defined as a right of all nations and individuals. Our Government and the department I head cannot ignore this demand. It is precisely for this reason that a huge amount of effort and an equal amount of hope have gone into organising an International Congress on the Human Right to Peace. The purpose of this congress was to bring together leading international organisations en- gaged in human rights and conflict management, institutional authorities and academic ex- perts to reflect upon the meaning of the Human Right to Peace in the international context. Pre-eminent international figures and individuals with extensive experience in the sub- ject matter have taken part in the First Congress on the Human Right to Peace. I feel I should underscore the importance of the honour committee, comprising highly regarded individuals in the area of conflict management and resolution and in the academic realm. Professor Federico Mayor Zaragoza. Chairman, Foundation for a Culture of Peace. From this organisation Mayor continues with the work he started as Director-General of UNESCO: to promote, in every area of human life, the transition from a culture of violence and imposition to one of peace and tolerance; Nancy Soderberg. Vice President, International Crisis Group, an independent organisation active on five continents with vast experience working through analysis and high-level advocacy to prevent and resolve international conflict. In recent decades Soderberg has worked closely with international leaders from Europe, Latin America, Asia and Africa to promote the development of new democratic policies. Soderberg served as special adviser to U.S. President Clinton for the Irish peace process and member of the U.S. National Security Council. She also served as U.S. representative to the United Nations for political affairs; Yossi Beilin, former Is- raeli justice minister, and Yasser Abed Rabbo, former Palestinian Authority minister, were both champions of the Geneva Initiative, which as you all know was one of the most important peace initiatives put forward in recent history; Danielle Mitterrand, chair of France Libertés-Fondation Danielle Mitterrand, an organisation with 18 years of experi- ence denouncing human rights violations, defending the right of peoples and building a worldwide citizens network to promote participatory democracy; Cora Weiss, President of the Hague Appeal for Peace, has broad experience as a peace activist both personally and professionally and has received a number of prestigious international accolades. I would like to point out that she was the first recipient of theWilliam Sloane Coffin Award for Peace and Justice in October 2003. She is currently leading a worldwide campaign dedicated to raising global awareness about peace. In addition to this impressive group of experts, the honour committee comprises the rectors of the three Basque universities –University of the Basque Country, Deusto Univer- sity and Mondragon Unibertsitatea– and the Basque Premier, Juan José Ibarretxe. It is a great satisfaction to be able to exhibit and convey the content generated during the sessions hosted in Donostia-San Sebastián through this publication. However, it is an even greater responsibility and commitment to ensure that the First Congress of the Hu- man Right to Peace has laid the foundations for new forums for debate and discussion. This is the commitment we have undertaken. Joseba Azkarraga Rodero Minister of Justice, Employment and Social Security of the Basque Government 10 11 The Human Right to Peace in international treaties Mr. Héctor Gross Spiell Former Uruguay Foreing Affairs Minister Héctor Gros Spiell was born in Montevideo on 17 September 1926. He is a Doctor of Law and Social Sciences, professor of Constitutional Law and Professor Emeritus at the School of Law, University of the Republic, Uruguay. He also CURRÍ C ULUM teaches International Law at the University of Montevideo; Human Rights at the Dámaso An- tonio Larrañaga Catholic University, Uruguay, and guest professor on two occasions at The Hague Academy of International Law. He has been a distinguished professor at the National Autonomous University of Mexico and Professor Honoris Causa at the Univeristy of Concepción, Chile. Dr. Spiell is a member of the Institute of His- tory and Geography and the National Academy Dr. Spiell has served as Foreign Relations Minister of Letters of Uruguay. He is also a member of of Uruguay, judge on the International Labour Or- scientific and academic associations active in ganization Administrative Tribunal, member of the law, politics and human rights in Argentina, United Nations Administrative Tribunal, executive Brazil, Chile, Perú, Paraguay, Bolivia, Ecuador, director of the Inter-American Institute on Human Venezuela, México, France and Belgium. He is Rights, Costa Rica, chairman of the Inter-American a member of l´Institut de Droit International, Court of Human Rights, member of UNESCO’s Instituto Hispano Luso-Americano de Derecho International Bioethics Committee and of the Aca- Internacional and chairs the Latin American demic Committee of the UNESCO Chair in Hu- Association of Human Rights –ALDHU, in its man Rights at the University of Uruguay, among Spanish initials–. many other appointments. SUMMARY The purpose of this paper, which includes an extensive bibliography, is to place the matter of the Human Right to Peace in its present context in terms of the need for it to be recog- nised in regulations, but not forgetting the difficulties and objections to which this idea has given rise and continues to give rise today. The object of the right is studied, i.e. the idea of peace, as are the holders of this human right, the rights and duties that result from it, the possible sanctions for