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

2. 25 years ahead , what will mediation look like ?
… presented in 12 minutes

4. The conflict graph
© APRED

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

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

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

8. 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.

9. 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.

10. 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.

11. 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)

12. 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

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

14. 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.

15. 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

16. 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.

17. 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 !)

18. Welcome to Switzerland