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Peace clauses in constitutions around the world -

Draft, Jeannine Suurmond (ZFD/GIZ), January 2014

"A peace constitution is a state constitution that explicitly makes a commitment for the state and its people to work towards creating a global culture of peace either by:

(1) showing reluctance to go to war or use the states monopoly on force and violence and, instead, earnestly promoting peaceful conflict resolution; (2) by renouncing or severely restricting the role of its national military or foreign military hosting within its territory or the introduction and use of weapons of mass destruction; (3) by acknowledging universal human rights and creating a society where those rights can be realized; (4) by recognizing or subordinating national sovereignty to international law or promoting regional and international consolidation in order to create a global culture of peace; or (5) by any other constitutional means to create a global culture of peace" (Jay R. Gilliam, 2011).

Note 1: Constitutional clauses stipulating citizens' right to peace are highlighted in yellow.

Note 2: State constitutions that commit to adhere to regional or international law for peace and security either strictly or loosely include many countries: Austria, Cambodia, Costa Rica, Greece, India, Ireland, Madagascar, Mongolia, Morocco, New Zealand, Panama, Philippines, Portugal, Slovenia, South Africa, Timor-Leste, and Venezuela.

Note 3: Around 20 countries have abolished their army or have no military forces, about 3 of those have enshrined this in their constitution (Costa Rica, Kiribati, Panama).

Note 4: The UN Human Rights Council passed a resolution on promoting the right to peace last June 2013: http://www.ohchr.org/EN/HRBodies/HRC/RightPeace/Pages/WGDraftUNDeclarationontheRighttoPeace.aspx

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Constitution (version with latest amendments) / type of clause

War Military Human Rights International Law

Showing reluctance to go to war or use the states monopoly on force and violence and, instead, earnestly promoting peaceful conflict resolution.

Renouncing or severely restricting the role of its national military or foreign military hosting within its territory or the introduction and use of weapons of mass destruction

Acknowledging universal human rights and creating a society where those rights can be realized.

Recognizing or subordinating national sovereignty to international law or promoting regional and international consolidation in order to create a global culture of peace

Types: (1) No war; or (2) no aggressive war; or (3) maintain permanent neutrality.

(1) No military; or (2) defensive military only; or (3) no foreign military hosting; or (4) prohibits WMDs or promotes disarmament.

Follows specific human rights conventions either loosely or strictly (in text reference & commitment).

Follows specific international law and conventions either loosely or strictly (in text reference & commitment).

Austria (ICL 1983 version)

Article I [Permanent Independence] (1) For the purpose of the permanent maintenance of her external independence and for the purpose of the inviolability of her territory, Austria, of her own free will, declares herewith her permanent neutrality which she is resolved to maintain and defend with all the means at her disposal.

Article 9a (1) Austria subscribes to universal national defence. Its task is to preserve the federal territory's outside independence as well as its inviolability and its unity, especially as regards the maintenance and defence of permanent neutrality. In this connection, too, the

I (2) In order to secure these purposes, Austria will never in the future accede to any military alliances nor permit the establishment of military bases of foreign States on her territory.

Article 9 (1) The generally recognized rules of international law are regarded as integral parts of federal law.

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constitutional establishments and their capacity to function as well as the democratic freedoms of residents require to be safeguarded and defended against acts of armed attack from outside.

Bangladesh (1972)

Art 25. 1The State shall base its international relations on the principles of respect for national sovereignty and equality, non interference in the internal affairs of other countries, peaceful settlement of international disputes,...

25. 1 (a) strive for the renunciation of the use of force in international relations and for general and complete disarmament;

Preamble: Further pledging that it shall be a fundamental aim of the State to realise through the democratic process a socialist society, free from exploitation a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens;

25. 1The State shall base its international relations on the principles of respect for national sovereignty and equality, non interference in the internal affairs of other countries, peaceful settlement of international disputes, and respect for international law and the principles enunciated in the United Nations Charter...

Cambodia (1993)

53. The Kingdom of Cambodia shall always follow a permanent neutral and non-aligned policy. The Kingdom of Cambodia co-exists peacefully with its neighbors and other countries all over the world. The Kingdom of Cambodia shall not invade any country, shall not interfere directly or indirectly in whatever form in the internal affairs of other countries, shall solve all problems peacefully, and shall respect mutual interests.

53. The Kingdom of Cambodia shall not engage in any military alliance or military pact which is incompatible with its neutrality. The Kingdom of Cambodia shall not permit any foreign military base on its territory and shall not permit the establishment of its military bases abroad except in the framework of a United Nations request.

The Kingdom of Cambodia reserves its right to receive foreign aid as military materials, weapons, ammunitions, military training and other assistance for the self-defence, public order and security throughout the country.

54. The manufacturing, use and

Preamble: ...and to restore Cambodia into an "Island of Peace" based on a multi-party liberal democratic regime guaranteeing human rights and the respect of law...

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storage of nuclear, chemical or biological weapons is absolutely prohibited.

Colombia (1991)

Chapter 5 (6). To strive toward the achievement and maintenance of peace

Article 217. The nation will maintain for its defense permanent military forces made up of the army, navy, and air force.

The armed forces will have as their primary purpose the defense of the sovereignty, independence, and integrity of the national territory and of the constitutional order.

Preamble: In the exercise of their sovereign power, represented by their delegates to the National Constituent Assembly, invoking the protection of God, and in order to strengthen the unity of the nation and ensure its members life, peaceful coexistence, work, justice, equality, knowledge, freedom, and peace within a legal, democratic, and participatory framework that may guarantee a just political, economic, and social order and committed to promote the integration of the Latin American community, ...

Article 22. Peace is a right and a duty whose compliance is mandatory.

Article 95 (duties) 4. To defend and foster human rights as a basis of peaceful coexistence.

Costa Rica (ICL unofficial translation 2005)

Article 12. The Army as a permanent institution is abolished. There shall be the necessary police forces for surveillance and the preservation of the public order.

Military forces may only be organized under a continental agreement or for the national defense; in either case, they shall always be subordinate to the

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civil power: they may not deliberate or make statements or representations individually or collectively.

Ecuador (2008)

1 (2). It advocates the peaceful settlement of disputes and international conflicts and rejects the use of threats and force to settle the above.

Article 5. Ecuador is a territory of peace. The establishment of foreign military bases or foreign facilities for military purposes shall not be allowed. It is forbidden to transfer national military bases to foreign armed or security forces.

4. It promotes peace and universal disarmament; it condemns the development and use of weapons of mass destruction and the imposition of bases or facilities for military purposes by certain States on the territory of others.

3. (the state's prime duties) (8). Guaranteeing its inhabitants the right to a culture of peace, to integral security and to live in a democratic society free of corruption.

45. Children and adolescents have the right to physical and psychological integrity; to an identity, name and citizenship; to integral health and nutrition; to education and culture, sports, and recreation; to social security; to have a family and enjoy peaceful coexistence with family and community; to social participation...

ELEVENTH SECTION Article 393. The State shall guarantee human safety by means of integrated policies and actions to ensure the peaceful coexistence of persons, to promote a culture of peace and to prevent forms of violence and discrimination and the perpetration of offenses and crimes. The planning and application of these policies shall be entrusted to specialized bodies at the different levels of government.

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9. It recognizes international law as a standard of conduct and calls for the democratization of international institutions and the equitable participation of States inside these institutions.

1 (7)... and promotes their full enjoyment by complying with the obligations pledged with the signing of international human rights instruments.

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5. It recognizes the rights of the various peoples living together in the States, especially the right to promote mechanisms that express, preserve, and protect the diverse character of their societies and rejects racism, xenophobia and all forms of discrimination. 6. It advocates the principle of universal citizenship, the free movement of all inhabitants of the planet, and the progressive extinction of the status of alien or foreigner as an element to transform the unequal relations between countries, especially those between North and South. 7. It demands observance of human rights, especially the rights of migrant persons,... 8. It condemns all forms of imperialism, colonialism, and neocolonialism and recognizes the right of peoples to resist and free themselves from all forms of oppression.

Germany (1990)

Article 24 (Entry into a collective security system) (1) The Federation may, by legislation, transfer sovereign powers to international institutions. (2) For the maintenance of peace, the Federation may join a system of mutual collective security; in doing so it will consent to such limitations upon its sovereign powers as will bring about and secure a peaceful and

26 (2) Weapons designed for warfare may be manufactured, transported or marketed only with the permission of the Federal Government. Details will be regulated by a Federal Law.

1. (2) The German people therefore acknowledge inviolable and inalienable human rights as the basis of every community, of peace and of justice in the world.

Article 25 (Public international law and federal law)

The general rules of public international law form part of the Federal law. They take precedence over the laws and directly create rights and duties for the inhabitants of the Federal territory.

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lasting order in Europe and among the nations of the world. (3) For the settlement of disputes between nations, the Federation will accede to agreements concerning a general, comprehensive and obligatory system of international arbitration. Article 26 (Ban on preparing a war of aggression) (1) Activities tending and undertaken with the intent to disturb peaceful relations between nations, especially to prepare for aggressive war, are unconstitutional. They shall be made a punishable offense.

Italy (1947)

Art. 11 Italy rejects war as an instrument of aggression against the freedoms of others peoples and as a means for settling international controversies; ...

Art. 2 The Republic recognizes and guarantees the inviolable rights of man, as an individual, and in the social groups where he expresses his personality, and demands the fulfilment of the intransgressible duties of political, economic, and social solidarity.

Art. 11...it agrees, on conditions of equality with other states , to the limitations of sovereignty necessary for an order that ensures peace and justice among Nations; it promotes and encourages international organizations having such ends in view.

Japan (1947)

Article 9. Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes.

Article 9.2: To accomplish the aim of [international peace]... land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized."

Preamble: We, the Japanese people, desire peace for all time and are deeply conscious of the high ideals controlling human relationship, and we have determined to preserve our security and existence, trusting in the justice and faith of the peace-loving peoples of the world. We desire to occupy an honored place in an international society striving for the preservation of peace, and the

Preamble: We believe that no nation is responsible to itself alone, but that laws of political morality are universal; and that obedience to such laws is incumbent upon all nations who would sustain their own sovereignty and justify their sovereign relationship with other nations.

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banishment of tyranny and slavery, oppression and intolerance for all time from the earth. We recognize that all peoples of the world have the right to live in peace, free from fear and want.

Korea (1987)

Article 5.1: The Republic of Korea endeavors to maintain international peace and renounces all aggressive wars.

Liberia (1986)

Preamble: "Exercising our natural, inherent and inalienable rights to establish a framework of government for the purpose of promoting unity, liberty, peace, stability, equality, justice and human rights under the rule of law, with opportunities for political, social, moral, spiritual and cultural advancement of our society, for ourselves and for our posterity; and having resolved to live in harmony, to practice fraternal love, tolerance and understanding as a people and being fully mindful of our obligation to promote African unity and international peace and cooperation.

Madagascar (1992)

Preamble: adopting the International Charter of Human Rights, the African Charter of Human Rights, the Convention on Childrens Rights, and considering these to be an integral part of their law...

Malta 1. (3) Malta is a neutral state 1. (3)(a) no foreign military base 1. (1) Malta is a democratic

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(2003) actively pursuing peace, security and social progress among all nations by adhering to a policy of non-alignment and refusing to participate in any military alliance.

will be permitted on Maltese territory; (b) no military facilities in Malta will be allowed to be used by any foreign forces except at the request of the Government of Malta, and only in the following cases: (i) in the exercise of the inherent right of self-defence in the event of any armed violation of the area over which the Republic of Malta has sovereignty, or in pursuance of measures or actions decided by the Security Council of the United Nations; or (ii) whenever there exists a threat to the sovereignty, independence, neutrality, unity or territorial integrity of the Republic of Malta; (c) except as aforesaid, no other facilities in Malta will be allowed to be used in such manner or extent as will amount to the presence in Malta of a concentration of foreign forces; (d) except as aforesaid, no foreign military personnel will be allowed on Maltese territory, other than military personnel performing, or assisting in the performance of, civil works or activities, and other than a reasonable number of military technical personnel assisting in the defence of the Republic of Malta; (e) the shipyards of the Republic of Malta will be used for civil commercial purposes,

republic founded on work and on respect for the fundamental rights and freedoms of the individual.

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but may also be used, within reasonable limits of time and quantity, for the repair of military vessels which have been put in a state of non-combat or for the construction of vessels; and in accordance with the principles of non-alignment the said shipyards will be denied to the military vessels of the two superpowers.

Mongolia (1992)

11. (2) Mongolia maintains armed forces for self-defense. The structure and organization of the armed forces and rules of military service are determined by law.

Preamble: We, the people of Mongolia: Strengthening the independence and sovereignty of the nation, cherishing human rights and freedoms, justice, and national unity, inheriting the traditions of national statehood, history, and culture, respecting the accomplishments of human civilization, and aspiring toward the supreme objective of building a humane, civil and democratic society in the country hereby proclaim the Constitution of Mongolia.

Article 10 [Foreign Policy, Treaties] (1) Mongolia adheres to the universally recognized norms and principles of international law and pursues a peaceful foreign policy.

Nepal 1990 constitution

(15) The foreign policy of Nepal shall be guided by the principles of the United Nations Charter, nonalignment, Panchsheel, international law and the value of world peace.

(16) The State shall pursue a policy of making continuous efforts to institutionalise peace for Nepal through international recognition, by promoting cooperative and good relations in the economic, social and other

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spheres on the basis of equality with neighbouring and all other countries of the world.

Panama (2004)

Article 310: The Republic of Panama shall not have an Army. All Panamanians are required to take arms to defend the national independence and the territorial integrity of the State.

Article 4: The Republic of panama abides by the rules of International Law.

Philippines (1987)

II. Section 2. The Philippines renounces war as an instrument of national policy,...

Preamble: We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.

[II. Section 2]... adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

Portugal (2005)

Art 7(2) Portugal shall advocate... simultaneous and controlled general disarmament, the dissolution of the political-military blocs and the setting up of a collective security system, all with a view to the creation of an international order with the ability to ensure peace and justice in the relations between peoples.

Art 46 (4) Armed associations, military, militarised or

Article 7 (1) In its international relations Portugal shall be governed by the principles of national independence, respect for human rights, the rights of peoples, equality between states, the peaceful settlement of international conflicts, non-interference in the internal affairs of other states and cooperation with all other peoples with a view to the emancipation and progress of mankind.

Art 7 (7) With a view to achieving an international justice that promotes respect for the rights of both individual human persons and peoples, and subject to the provisions governing complementarity and the other terms laid down in the Rome Statute, Portugal may accept the jurisdiction of the International Criminal Court.

Art 8 The rules and principles of general or common international

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paramilitary-type associations and organisations that are racist or display a fascist ideology shall not be permitted.

law shall form an integral part of Portuguese law.

Switzerland (2009)

Article 185 External and Inner Security. (1) The Federal Government takes measures to safeguard the external security, the independence, and the neutrality of Switzerland.

58 (2) The army serves to prevent war and contributes to maintain peace; it defends the country and its population. It supports the civil authorities to repel serious threats to internal security or to cope with other exceptional circumstances. The law may provide for further tasks.

Timor-Leste (2002)

8 (2). The Democratic Republic of East Timor shall establish relations of friendship and co-operation with all other peoples, aiming at the peaceful settlement of conflicts,...

..., the general, simultaneous and controlled disarmament, the establishment of a system of collective security and establishment of a new international economic order capable of ensuring peace and justice in the relations among peoples.

9(1). The legal system of East Timor shall adopt the general or customary principles of international law.

Venezuela (2006 English translation)

Article 152: The international relations of the Republic serve the ends of the State as a function of the exercise of sovereignty and the interests of the people; they are governed by the principles of independence, equality between States, free self-determination and nonintervention in their internal affairs, the peaceful resolution of international conflicts, cooperation, respect of human rights and solidarity among peoples in the struggle for their liberation and the welfare of humanity. The Republic shall

Art 13: The geographical space of Venezuela is an area of peace. No foreign military bases or facilities having purposes that are in any way military shall be established within such space by any power or coalition of powers.

Article 2: Venezuela constitutes itself as a Democratic and Social State of Law and Justice, which holds as superior values of its legal order and actions those of life, liberty, justice, equality, solidarity, democracy, social responsibility and, in general, the preeminence of human rights, ethics and political pluralism.

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maintain the finest and most resolute defense of these principles and democratic practices in all international organs and institutions.

Article 155: In the international agreements, treaties and conventions entered into by the Republic, a clause shall be inserted whereby the parties agree to resolve by peaceful means recognized under international law or agreed upon in advance between them, where this is the case, any controversies that may arise between them in connection with its interpretation or implementation, if not inappropriate and if it is permitted by the procedure to be followed in entering into the treaty, agreement or convention.