Right of Peoples to Peace



Questionnaire   

as part of the consultations  undertaken by the Human Rights Council Advisory Committee with all relevant stakeholders, at the request of the Human Rights Council pursuant to resolution  14/3 of 17 June 2010, on the possible elements for a draft declaration on the right of peoples to peace.

 



International Association of Democratic Lawyers (IADL-AIJD)

President: Jeanne Mirer, Esq.

Secretary General: Osamu Niikura, Professor at Aoyama Gakuin University, Japan



Contact: mirerfam@earthlink.net;   oniikura@als.aoyama.ac.jp

Secretary General’s Office: JALISA, Ito Building 2nd Floor, Yotsuya 1-2, Shinjuku-ku, Tokyo 160-0004, Japan

Phone: +81-3-3225-1020; +81-3-3409-8695


QUESTION 1:                  Do you have any comments on progress report A/HRC/17/39, in particular with regard to the proposed standards for a draft declaration on the right of peoples to peace?


We are very grateful for all efforts to make progress to materialize a right of peoples to peace, which has been so far accomplished by the Advisory Committee, A/HRC/17/39.  Since the inception, our Association have been longing for peace, independence, development and equality among other issues at international stages. We share the same position as the progress report hints in that peace and security is a matter of right, not a simply political issue confined within a framework set by the Security Council. In international congresses we have had recently every 4 or 5 years, we have organized open minded discussion over peace, human rights and other pertinent issues like judicial independence and judicial reforms, which have lead many important insights into judicial mechanisms to make or keep peace. As we have conducted a global campaign for Article 9 of the Constitution of Japan, peace clause, we are advocate for incorporation of peace clause like Japanese article 9 into every constitution of all states.  The progress report would be happily appreciated in stronger words as for state’s obligation to renounce war or abstention of use or threat of use of force in international disputes.


We are going further to discuss among member-associations on this issue. It would be grateful to give us another occasion of hearing as soon as possible before the deadline of the final report of the Advisory Committee to the Human Rights Council in January 2012.


 

 

 



QUESTION 2:                  What do you see as core components of the right of peoples to peace, which should be taken into account in the draft declaration?


Peoples of the World established the United Nations to practice tolerance and live together in peace with one another as good neighbours, and to unite our strength to maintain peace and security and so forth. Among the four purposes and principles enshrined by the UN Charter, two elements can be seen as of cogent and core components: the dignity of human persons as one thing, and equal rights and self-determination of peoples as the other.  In other words, the right of peoples to peace is inherent in the very existence of us.

We can recall that the right to peace is provided as the first right of peoples by the basic text of international rule of law which is the Charter of the United Nations, and that the right to peace is based on two basic pillars which are self-determination of peoples and prohibition of the threat or use of force.

Some 27 States in the world have their constitutions which renounce literally or substantially maintenance of war potentials.  The Constitution of Japan, for example, says that we, people of Japan, recognize that all people of the world have the right to live in peace free from fear and want.

We also agree on the statements expressed every summer in Hiroshima and Nagasaki by peoples gathered at the very places where the first two atomic bombs were dropped: no more Hiroshima, no more Nagasaki, no more Hibakusha or atomic bomb sufferers, no more war. This is to say that the right of peoples to peace has its core component in disarmament of nuclear weapons and other weapons of mass destruction or radioactive weapons.