Handbook on Peace Agreement Draft Language
Human Rights
Introductory Notes
Peace agreements are intended to reduce violent conflict, and human rights abuses perpetrated against the population are both major triggers and consequences of violent conflict. The protection of human rights plays a critical role in ensuring sustainable peace, justice, and long term stability, as it provides a framework of rights and freedoms that is supported by international treaties. Adherence to human rights frameworks also reduces the likelihood of a return to violent conflict.
Definitions
Human Rights: The inherent rights and freedoms to which all human beings are entitled, regardless of nationality, sex, national or ethnic origin, color, religion, language, or any other protected status.
Goals of Human Rights in a Peace Process
Human rights are intrinsically linked to other elements of a peace process. The goal of incorporating human rights protections into a peace process is to prevent future conflict, promote a victim centered approach to peace, and encourage a culture of human rights that endures throughout subsequent transitional and constitutional processes. Human rights may serve to:
- Protect the inherent dignity of all individuals: The foundation of human rights rests on the premise that all individuals are entitled to be treated with dignity and respect simply because they are human. The concept of dignity is especially prominent in, for instance, implementing the prohibition of torture and protections against discrimination.
- Promote accountability, justice, and equality: The international framework on human rights obliges states to investigate and prosecute alleged violations of human rights, guarantee fair trials and adherence to other due process rights, protect against torture and arbitrary detention, and ensure all persons are treated equally before the law.
- Protect vulnerable and marginalized groups: Human rights establish targeted protections for vulnerable and marginalized groups, such as women, children, indigenous peoples, persons with a disability, ethnic minorities, and refugees.
- Strengthen the rule of law: Human rights require states to establish comprehensive legal systems that promote democratic values and protect individuals from arbitrary treatment by state authorities.
- Build trust in institutions: States are obliged to ensure that all state institutions comply with human rights law.
- Promote social and economic development: By ensuring that individuals have access to education, employment, housing, and healthcare, human rights can contribute to the prevention of poverty and the development of prosperous societies.
- Contribute to global governance and international diplomacy: Ratifying treaties on international and regional human rights promotes global standards on the treatment of individuals.
Why Include This Chapter
The inclusion of a Human Rights Chapter in a peace agreement may serve to:
- Articulate and reinforce the rights and freedoms to which all persons are entitled
- Address root causes of the conflict by establishing protections for groups that have been historically marginalized and oppressed
- Establish minimum, agreed upon standards
- Provide for the establishment of human rights monitoring entities and institutions
- Complement and support agreements made in relation to accountability, transitional justice, truth seeking, economic reconstruction and development, and cultural heritage
- Facilitate international support and legitimacy
Implementation Notes
Peace agreements vary widely in the attention they afford to human rights protections. Usually, the nature of the conflict and the specific country context will determine the extent to which the peace agreement will focus on certain rights or the protection of certain persons. There are a range of options available, including simply noting which international human rights treaties apply to the peace process, exhaustively listing the specific rights applicable, or using the peace process as an opportunity to completely reform the domestic implementation of regional and international human rights frameworks.
Core Issues Addressed
Most peace agreements address the following core issues in a Chapter on Human Rights:
- Human Rights Guarantees: This section articulates basic human rights and fundamental freedoms that the peace agreement will protect.
- Compliance with International Obligations: outlines the international and regional human rights treaties applicable to the peace process.
- Enumeration of Specific Rights: outlines the specific human rights that will apply throughout the peace process.
- Incorporation of Human Rights into Domestic Law: This section provides for the eventual incorporation of specific human rights and fundamental freedoms into the domestic legal framework.
- Application to State Institutions: reinforces that international human rights must be upheld by state institutions, strengthening the rule of law.
- Domestic and Constitutional Legal Protections: ensures that the rights and freedoms enumerated will be legally binding through their incorporation into domestic and constitutional laws.
- Human Rights Mechanisms: This section provides for entities tasked to monitor implementation and prevent future abuses.
Human Rights Guarantees
Compliance with International Obligations
Note to Drafters: Draft language on international obligations can refer to both treaties in the UN framework on human rights as well as regional human rights commitments. Some peace agreements will also use this section to reaffirm human rights commitments outlined in Security Council resolutions.
The Parties agree that the rights and freedoms set forth in the following international agreements and regional treaties defining human rights shall be applied domestically: [treaties] [conventions] [relevant U.N. Security Council resolutions] [other international instruments]. [1948 Convention on the Prevention and Punishment of the Crime of Genocide;] [1949 Geneva Conventions I–IV on the Protection of the Victims of War, and the 1977 Geneva Protocols I–II;] [1950 European Convention for the Protection of Human Rights and Fundamental Freedoms, and its accompanying Protocols;] [1951 Convention Relating to the Status of Refugees and its accompanying 1966 Protocol;] [1957 Convention on the Nationality of Married Women;] [1961 Convention on the Reduction of Statelessness;] [1965 International Convention on the Elimination of All Forms of Racial Discrimination;] [1966 International Covenant on Civil and Political Rights, and its 1966 and 1989 Optional Protocols;] [1966 International Covenant on Economic, Social and Cultural Rights;] [1969 American Convention on Human Rights;] [1979 Convention on the Elimination of All Forms of Discrimination against Women;] [1981 African Charter on Human and Peoples’ Rights;] [1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;] [1987 European Convention on the Prevention of Torture and Inhuman or Degrading Treatment or Punishment;] [1989 Convention on the Rights of the Child;] [1990 Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families;] [1990 African Charter on the Rights and Welfare of the Child;] [1992 European Charter for Regional or Minority Languages;] [1994 Framework Convention for the Protection of National Minorities;] [2003 Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa;] [2006 International Convention for the Protection of All Persons from Enforced Disappearance.] [other relevant treaties]
The government shall immediately undertake to ratify all core international human rights treaties, including but not limited to: [list agreements] Upon ratification, the provisions of these treaties shall be directly applicable and enforceable in domestic courts.
Enumeration of Specific Rights
Note to Drafters: Some agreements specifically enumerate the human rights that the agreement will protect. To avoid potential problems with amending the agreement, parties tend to note that the list is not exhaustive.
The Parties agree to respect and uphold the rights and freedoms of every person in the [community] [conflict affected region] [state] without discrimination, including all civil, political, economic, social, and cultural rights. In light of the recent history of conflict, the Parties guarantee the following [minimum] rights and freedoms: [The right to freedom of expression: This right shall include freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of choice.] [The right to freedom of thought, conscience, and religion: Everyone is entitled to the freedom to have or to adopt a religion or belief of their choice; and freedom, either individually or collectively, and in public or private, to manifest that religion or belief in worship, observance, practice, and teaching.] [The right to freedom of association: Everyone shall have the right to freedom of association with others, including the right to form and join associations and trade unions for the protection of their interests.] [The right of peaceful assembly: No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals, or the protection of the rights and freedoms of others.] [The right to life: Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of their life.] [The right to liberty: Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention.] [The right to self determination: All peoples have the right to self determination. By virtue of that right, they freely determine their political status and freely pursue their economic, social, and cultural development.] [The right to seek constitutional change by peaceful and legitimate means.] [The right to privacy: No one shall be subjected to arbitrary or unlawful interference with their privacy, family, home, or correspondence, nor to unlawful attacks on their honor and reputation.] [The right to freedom of movement: Everyone shall have the right to liberty of movement and freedom to choose his residence.] [The right to equal opportunity in all social and economic activity, regardless of nationality, sex, national or ethnic origin, color, religion, language, or any other protected status.] [The right of women to full and equal political participation: Women shall have the full and equal right to participate in political and public life, including the right to vote, stand for election, and hold public office.] [The rights of children: Children shall be protected from exploitation, conscription, forced labor, and any form of violence. Former child soldiers shall be provided with tailored programs for rehabilitation and reintegration.] [The rights of persons with disabilities: All persons with a disability, regardless of the nature or origin of their disability, are entitled to access services, resources, and opportunities on an equal basis with others, free from discrimination, persecution, or exclusion.] [The Parties shall take measures to protect persons with disabilities from violence, abuse, exploitation, and neglect, particularly in conflict affected areas and within displaced populations.] [The right to return of refugees and displaced persons: All refugees and displaced persons have the right to voluntarily return to their homes in their country of origin. Their safety and dignity will be guaranteed throughout the repatriation process.] [The rights of minorities: All individuals belonging to ethnic, religious, linguistic, and cultural minorities are entitled to the full enjoyment of their human rights, free from discrimination, persecution, or exclusion.] [Freedom from torture: No one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.] [The right to a healthy environment: All individuals and communities shall have the right to live in an environment that supports their health and encourages development.] [The Parties commit to addressing environmental health risks posed by the conflict, including pollution and contamination, with urgent interventions in areas impacting public health.] [The right to cultural heritage: All individuals and communities have the right to maintain, enjoy, and develop their cultural heritage, including language, customs, religious practices, traditions, and historical sites.] [The right to an education: The Parties recognize that the right to education is a fundamental human right essential to achieving lasting peace, national development, and reconciliation.] [The Parties commit to prioritizing the restoration of educational infrastructure, including the rebuilding of schools and vocational training centers, particularly in areas most affected by the conflict.] [The right to housing: All individuals have the right to safe, accessible, and affordable housing in conditions of security and dignity.] [The Parties commit to prioritizing the reconstruction and restoration of housing in areas most affected by the conflict, with particular attention to housing for refugees and internally displaced persons.] [The right to health: All individuals have the right to access quality healthcare, nutrition, and clean water in a safe environment.]
All necessary steps and measures shall be taken immediately to avoid any act or practice which constitutes an [attempt upon the life, integrity, security or freedom of the individual]. Similarly, all necessary steps and measures shall be taken to eliminate any practice involving [enforced disappearances and abductions] and [sexual and gender based violence]. [No one may be arrested for the lawful exercise of their political rights. An arrest may be made only if ordered by the competent authority in writing and in accordance with the law, and the arrest must be carried out by officers who are properly identified as such.] It is the understanding of the Parties that this Agreement does not exhaust the consideration of the item on human rights and that [state] shall enact further laws for the protection of human rights.
Application to State Institutions
Note to Drafters: Agreements can recognize the incorporation of human rights provisions into national laws and their enforcement by and application to courts, agencies, and governmental institutions.
All Parties to this Agreement agree that its provisions shall be binding upon the legislature, executive, judiciary, and all other entities of the state. All state authorities shall adhere strictly to the provisions of this Agreement and ensure that they take priority over any conflicting domestic laws.
Comprehensive training programs on human rights law, conducted with international and domestic human rights experts, shall be mandatory for judges, prosecutors, law enforcement officials, and public defenders within [X] months of the Agreement coming into force.
Domestic and Constitutional Legal Protections
Note to Drafters: Peace agreements can include provisions that reinforce the primacy of constitutional human rights protections over other domestic laws. In some cases, an agreement may also provide for constitutional amendment or commitments to reform legislation.
Human rights provisions in the Constitution shall be afforded primacy over other domestic laws, and any conflicting legislation must be amended to align with constitutional human rights standards.
The Constitution shall be amended to incorporate a [Bill of Rights] guaranteeing civil, political, economic, social, cultural, and collective rights for all citizens without discrimination on any grounds, including nationality, sex, national or ethnic origin, color, religion, language, political opinion, or any other protected status. The government shall pass new laws and amend existing laws to ensure consistency with international human rights standards.
Human Rights Mechanisms
Designation of Existing Institution
Note to Drafters: Where a pre existing mechanism exists, this section can update its mandate for the peace process.
The Parties hereby designate [Name of the Pre Existing Human Rights Institution] (the “Institution”) as the entity responsible for monitoring, reporting on, and promoting human rights throughout the peace process. The Institution’s mandate shall include monitoring adherence to human rights standards by all Parties, documenting and reporting on human rights conditions, and providing recommendations to support the protection of human rights and securing accountability for rights violations. The Institution shall produce regular reports on the human rights situation, including quarterly updates and a comprehensive annual report, documenting findings, concerns, and progress related to the implementation of this Agreement’s human rights provisions. All Parties commit to cooperating fully with the Institution, facilitating access to information and locations as requested and ensuring the safety and independence of its staff in performing their duties.
Establishment of One or Multiple Human Rights Monitoring Mechanisms
Note to Drafters: Commissions, ombudsman offices, and local monitoring committees are common models. Avoid overlapping mandates when multiple bodies are created.
The Parties agree that a [Human Rights Commission] shall be established. This Commission shall be independent [and be composed of [X] members]. The mandate of the [Human Rights Commission] shall be to: [Monitor compliance with basic human rights that this Agreement guarantees;] [Investigate any human rights violations and institute legal proceedings if necessary;] [Promote human rights education throughout sectors of society, such as schools, the media, the police and the military;] [Train lawyers, judges, police, and security forces to observe human rights standards;] [Review the adequacy and effectiveness of laws and practices and review draft legislation to ensure conformity with human rights standards;] [other competencies.]
The Parties agree that an independent Ombudsman shall be established. [The Ombudsman shall be appointed by [designate institution] and shall possess [high moral character] and [integrity].] The Ombudsman may investigate, either on his or her own initiative or in response to an allegation by any Party or person, non governmental organization, or group of individuals who claim to be a victim of a human rights violation. The Ombudsman shall issue findings and conclusions promptly after concluding an investigation. A Party identified as violating human rights shall, within [a specified period], explain in writing how it will comply with the conclusions. The Ombudsman shall have access to and may examine all official documents, including classified ones, as well as judicial and administrative files, and can require any person, including a government official, to cooperate by providing relevant information and documents.
The Parties agree that [Local] or [Regional] Human Rights Monitoring Committees shall be established in [specify locations, e.g. provinces, districts, or regions]. These Committees shall be composed of [designate composition, e.g. retired judges, public servants, citizens in leadership positions]. These Committees shall seek to resolve local or regional issues related to human rights in the implementation of this Agreement.