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

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

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

Types: (1) No war; or (2) no

aggressive war; or (3) maintain
permanent neutrality.

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.

Follows specific human

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

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

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

Bangladesh
(1972)

Cambodia
(1993)

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.
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,...

53. The Kingdom of Cambodia

shall always follow a permanent
neutral and non-aligned policy.
The Kingdom of Cambodia coexists 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.

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;

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.

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...

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...

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

Colombia
(1991)

Chapter 5 (6). To strive toward

the achievement and
maintenance of peace

storage of nuclear, chemical or

biological weapons is absolutely
prohibited.
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

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.

civil power: they may not

deliberate or make statements or
representations individually or
collectively.
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.

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.

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...

1 (7)... and promotes their full

enjoyment by complying with
the obligations pledged with the
signing of international human
rights instruments.

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.
1 [international relations]

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.

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.
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.

Italy
(1947)

Japan
(1947)

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

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."

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.
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

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.
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.

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.
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.

Liberia
(1986)

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...

Madagascar
(1992)

Malta

1. (3) Malta is a neutral state

1. (3)(a) no foreign military base

1. (1) Malta is a democratic

(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.

Mongolia
(1992)

Nepal 1990
constitution

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.
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.

(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

10

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.

Panama
(2004)

Philippines
(1987)

Portugal
(2005)

spheres on the basis of equality

with neighbouring and all other
countries of the world.
Article 4: The Republic of
panama abides by the rules of
International Law.

II. Section 2. The Philippines

renounces war as an instrument
of national policy,...

Art 7(2) Portugal shall

advocate... simultaneous and
controlled general disarmament,
the dissolution of the politicalmilitary 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

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.
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, noninterference in the internal
affairs of other states and
cooperation with all other
peoples with a view to the
emancipation and progress of
mankind.

[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.

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

11

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.

Timor-Leste
(2002)

8 (2). The Democratic Republic

of East Timor shall establish
relations of friendship and cooperation with all other peoples,
aiming at the peaceful settlement
of conflicts,...

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

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

law shall form an integral part of

Portuguese law.

9(1). The legal system of East

Timor shall adopt the general or
customary principles of
international law.

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.

12

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.

13