Is there a Right of Acess to Mediation? Christophe Barbey, APRED, 21 st June 20126

25 years ahead , what will mediation look like ? … presented in 12 minutes

The conflict graph   © APRED

Links and differences between Put the chocolate in the bag Rights and Mediation Put the chocolate in the bag and nobody gets hurt

What do we choose to open a door ? © Photo GSsA 2001 What do we choose to open a door ? And to solve a conflict ?

Universal values as peace tools Universal values expressed by (good) law

BASIC (HUMAN) RIGHTS AND DUTIES REGARDING MEDIATION DUTIES: To settle disputes peacefully In international law, so far, the UN Charter. States have the duty. Do other actors have the duty ? The Human rights Council ? Individuals, (armed) groups ? Institutions at large ? To make it mandatory to settle peacefully ? Links with SDG 16.1 and 16.7 To provide mediation means and tools In all laws dealing with conflict. To assure financial resources for mediation.

BASIC RIGHTS AND DUTIES II (REGARDING MEDIATION) RIGHTS: Is there a right to peaceful settlement ? In international law (so far) (UN Charter). States have the right. In other bodies of law ? Do other actors have the right ? The other way around: is there a right to coercive measures, and in what circumstances or is there a duty to avoid such measures ? Is there a right of access to mediation ? Such a right can stand as a control tool If there is, with no duty to settle peacefully, it is only a right to ask for mediation. It does not hinder the possibility to resort to more coercive measures, should need be.

UNITED NATIONS CHARTER INTERNATIONAL LAW UNITED NATIONS CHARTER Article 2 The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles. (…) 3. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered. 4. All Members shall 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 of the United Nations.

PACIFIC SETTLEMENT OF DISPUTES INTERNATIONAL LAW II CHAPTER VI PACIFIC SETTLEMENT OF DISPUTES Article 35 Any Member of the United Nations may bring any dispute, or any situation of the nature referred to in Article 34, to the attention of the Security Council or of the General Assembly. (…) Security Council Resolution 1625 (2005)

THE HUMAN RIGHT TO PEACE A process ongoing at the Human Rights Council INTERNATIONAL LAW III THE HUMAN RIGHT TO PEACE A process ongoing at the Human Rights Council That will enlarge practice of mediation Making it more inclusive And eventually provide with reports on how States and others progress towards peace

Christophe Barbey, APRED, Genève, It is greater world than I ever though it would be Christophe Barbey, APRED, Genève,

All Concerned persons shall concur. INTERNAL LAW In all its activities the State shall see that justice and peace prevail. It supports prevention of conflicts. In conflictive situations use of force shall in priority be avoided or limited. All Concerned persons shall concur.

All Concerned persons shall concur. INTERNAL LAW II In all its activities the State shall see that justice and peace prevail. It supports prevention of conflicts. (Constitution of the local state of Vaud, Switzerland, 2003, article 6, §2, c) In conflictive situations use of force shall in priority be avoided or limited. All Concerned persons shall concur. (Constitution of the local state of Geneva, Switzerland, 2008, article 184, §3) These are some of my humble achievements at forwarding peace through law

Swiss civil procedure code: Conciliation is mandatory INTERNAL LAW III Swiss civil procedure code: Conciliation is mandatory Mediation is optional; means are usually provided. Criminal procedure code: nothing  Criminal procedure code for juveniles: Mediation is optional; means are usually provided.

Conclusion A right of access is partly existing. Means to assure it are not always sufficient or accurate, barely never grounded in law. Tools to ground mediation possibilities in law (in international and other laws) are available. They need to find their way into news laws, constitutions and treaties. (I know how to do that !)

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