Peace Agreement Draft Language Guide
Preamble and Principles
About The Preamble and Principles
INTRODUCTORY NOTE: The purpose of the Preamble and Principles Chapter of a peace agreement is to set the overarching framework and foundational values that guide the entire agreement, articulating the shared aspirations, commitments, and principles of the parties involved, while establishing a common understanding and vision for peace, reconciliation, and future governance. To draft this Chapter, it is essential that parties take four key steps. First, it is recommended that the parties identify their common goals and formulate those in the peace agreement as the “purpose” of the peace process. Having a clearly formulated purpose will help the parties focus on shared interests and overcome their differences. Second, it is important that the parties identify the core principles they want to be driven by in the peace process and clearly outline them in the preamble. This will help set out the framework for activities and mechanisms that will be negotiated and implemented throughout the peace process. Third step is to understand why a preamble is important and what its function is in a peace agreement. Only once all of this is clear, it is possible to craft a draft language that accomplishes the above.
The inclusion of a Preamble and Principles Chapter in a peace agreement may serve to:
Provide some context to understand the expectations and interests of the parties throughout the process and ensure that the draft language suggested in the peace agreement aligns with the guiding principles;
In case of conflicts of interpretation, the preamble section will help interpret the treaty conditions, in particular it will help read the treaty in light of the intention of the parties and the object and purpose of the agreement;
Agreeing upon key principles will help align the parties’ vision and expectations promoting a common understanding of what they aim to achieve with the peace agreement;
Including a straightforward commitment to peace will help parties focus on the final goal and prioritize this over mid-term objectives which facilitates conflict resolution during negotiations;
The Preamble often includes language that enhances the legitimacy and inclusivity of the peace agreement which generally helps in building broader support for the peace process and final agreement;
Working on the language to include in the preamble is an important exercise for parties who will need to overcome their differences and conflicts and articulate mutual goals and commitments.
Most peace agreements address the following core issues in the Preamble and Principles Chapter:
Object and Purpose of the Agreement: This section defines the objectives and the extent of the agreement’s application.
Fundamental Principles: This section establishes the key values and principles that guide the entire peace process.
Commitment to Peace: This section clearly articulates the parties' dedication to achieving and maintaining peace.
Draft Language for a Preamble and Principles
Object and Purpose
Note to Drafters:
Following the signing of the agreement, there may be disagreements between the parties about the correct interpretation of the terms of the peace agreement. In international law, conflicts of interpretation are addressed through the customary rules on interpretation also laid out in the Vienna Convention on the Law of Treaties (1969). One of the most important elements for the correct interpretation of treaties is the object and purpose of the treaty. By providing a clear object and purpose in the peace agreement, parties will ensure that the treaty provisions are interpreted in light of such intention.
Draft Language: Object and Purpose
We, the undersigned representatives of [Party A], [Party B], [Party C] unite in our determination to forge a comprehensive and lasting peace agreement for [State/Region]. This agreement aims to end the prolonged conflict, address its root causes, and lay the groundwork for a stable and prosperous future. We acknowledge the scope of this agreement encompasses all aspects necessary for achieving reconciliation, rebuilding trust, and establishing a foundation for sustainable peace and development.
Fundamental Principles
Note to Drafters:
Outlining the principles that drive the parties in peace negotiation efforts will ensure that parties are driven by shared values and principles throughout the process. It ensures that the parties refer to those principles in their decision-making process. Identifying specific principles also helps with the prioritization of components of the peace agreement, for instance, transitional justice process activities and mechanisms.
Draft Language: Fundamental Principles
In pursuit of these objectives, we affirm our commitment to the following fundamental principles:
Respect for Human Rights: We pledge to uphold the inherent dignity and rights of every individual, ensuring protection against discrimination, violence, and injustice.
Rule of Law: We commit to establishing a legal framework that guarantees justice, accountability, and transparency in governance and public affairs.
Inclusivity and Equality: We recognize the importance of inclusive participation in decision-making processes and the equitable distribution of resources and opportunities across all communities.
Democratic Governance: We are dedicated to fostering a democratic system that reflects the diverse interests of the people of [State/Region] and promotes active civic engagement.
Commitment to Peace
Note to Drafters:
With a peace agreement, parties commit to bringing peace in a conflict environment. While there may be differences in how it is best to achieve peace, there is no doubt that the final goal of the negotiation process is to restore peace in a given context.
Draft Language: Object and Purpose
We hereby declare our mutual commitment to the following actions to achieve a lasting peace:
Immediate Cessation of Hostilities: We commit to halting all forms of violence and conflict, creating an environment where dialogue and negotiation can flourish.
Engagement in Constructive Dialogue: We pledge to engage in ongoing, constructive dialogue to address and resolve outstanding issues with a spirit of cooperation and mutual respect.
National Reconciliation: We are dedicated to fostering national reconciliation through addressing grievances, promoting social cohesion, and ensuring that all voices are heard and valued in the peace process.
Sustainable Development and Reconstruction: We commit to collaborating on the reconstruction and development of [State/Region], focusing on economic recovery, social welfare, and environmental sustainability.
In witness whereof, we, the representatives of [Party A], [Party B], and [Party C], have signed this agreement on this [Day] of [Month], [Year], reaffirming our dedication to a future of peace, prosperity, and mutual respect for the people of [State/Region].
For further reading on Preamble and Principles please consult: