UN moratorium on the death penalty
Encyclopedia
The UN moratorium on the death penalty were two proposals by Italy
and Chile
supported by several countries and NGOs before the General Assembly of the United Nations
that called for general suspension (not abolition) of capital punishment
throughout the world. It was twice affirmed: first, on 15 November 2007 by the Third Committee, and then subsequently reaffirmed on 18 December by the United Nations General Assembly resolution
62/149.
It calls on States that maintain the death penalty to establish a moratorium on the use of the death penalty with a view to abolition, and in the meantime, to restrict the number of offences which it punishes and to respect the rights of those on death row. It also calls on States that have abolished the death penalty not to reintroduce it. Like all General Assembly resolutions, it is not binding on any state.
On 15 November, the Third Committee of the United Nations 62nd General Assembly voted 99 to 52, with 33 abstention
s, in favour of a resolution calling for a global moratorium on capital punishment
.
On 18 December 2007, the United Nations General Assembly
voted 104 to 54 in favour of resolution A/RES/62/149, which proclaims a global moratorium on the death penalty
, with 29 abstentions (as well as 5 absent at the time of the vote). Italy had proposed and sponsored this resolution. After the resolution's approval, Italian Foreign Minister Massimo D'Alema
declared: "Now we must start working on the abolition of the death penalty".
On 18 December 2008, the General Assembly adopted another resolution (A/RES/63/168) reaffirming its previous call for a global moratorium on capital punishment 106 to 46 (with 34 abstentions and another 6 were absent at the time of the vote). This time (during the 63d General Assembly), Chile was the main facilitator of the resolution.
Once again on 21 December 2010, the 65th General Assembly adopted a third resolution (A/RES/65/206) with 109 countries voting in favour, 41 against and 35 abstentions (another 7 countries were absent at the time of the vote). Another resolution on a moratorium will be then further discussed under the item entitled “Promotion and protection of human rights” in 2012.
In 1994 a resolution for a moratorium was presented for the first time at the United Nations General Assembly (UNGA) by the Italian government. It lost by eight votes.
Since 1997, through Italy’s initiative, and since 1999 through the EU’s endeavour, the United Nations Commission of Human Rights (UNCHR) has been approving a resolution calling for a moratorium on executions with a view to completely abolishing the death penalty, every year. The 2007 vote at the Third Committee of the United Nations General Assembly saw intense diplomatic activity in favour of the moratorium by EU countries, and by the Nonviolent Radical Party itself; the Catholic
Community of Sant'Egidio
joined forces by submitting to the U.N. an appeal and 5,000,000 signatures asking for the moratorium to be passed.
Guided by the purposes and principles contained in the Charter of the United Nations,
Recalling the Universal Declaration of Human Rights
, the International Covenant on Civil and Political Rights
and the Convention on the Rights of the Child
,
Recalling also the resolutions on the question of the death penalty adopted over the past decade by the Commission on Human Rights in all consecutive sessions, the last being its resolution 2005/59 of 20 April 2005, in which the Commission called upon states that still maintain the death penalty to abolish it completely and, in the meantime, to establish a moratorium on executions,
Recalling further the important results accomplished by the former Commission of Human Rights on the question of the death penalty, and envisaging that the Human Rights Council could continue to work on this issue,
Considering that the use of the death penalty undermines human dignity, and convinced that a moratorium on the use of the death penalty contributes to the enhancement and progressive development of Human Rights, that there is no conclusive evidence that the death penalty's deterrent value and that any miscarriage or failure of justice in the death penalty's implementation is irreversible and irreparable,
Welcoming the decisions taken by an increasing number of States to apply a moratorium on executions, followed in many cases by the abolition of the death penalty,
1. Expresses its deep concern about the continued application of the death penalty;
2. Calls upon all States that still maintain the death penalty to;
(a) Respect international standards that provide safeguards guaranteeing the protection of the rights of those facing the death penalty, in particular the minimum standards, as set out in the annexe to Economic and Social Council resolution 1984/50 of 25 May 1984;
(b) Provide the Secretary-General with information relating to the use of Capital Punishment and the observance of the safeguards guaranteeing the protection of the rights of those facing the death penalty;
(c) Progressively restrict the use of the death penalty and reduce the number of offences for which it may be imposed;
(d) Establish a moratorium on executions with a view to abolishing the death penalty;
3. Calls upon States which have abolished the death penalty not to reintroduce it;
4. Requests the Secretary-General to report to the General Assembly at its sixty-third session on the implementation of the present resolution;
5. Decides to continue consideration of the matter at its sixty-third session under the same agenda item.
1 Resolution 217 A (III).
2 See resolution 2200 A (XXI), annex.
3 United Nations, Treaty Series, vol. 1577, No. 27531.
4 See Official Records of the Economic and Social Council, 2005, Supplement No. 3 and corrigenda (E/2005/23 and Corr.1 and 2), chap. II, sect. A.
Reaffirming its resolution 62/149 of 18 December 2007 on a moratorium on
the use of the death penalty,
Welcoming the decisions taken by an increasing number of States to apply a
moratorium on executions and the global trend towards the abolition of the death
penalty,
1. Welcomes the report of the Secretary-General on the implementation of resolution 62/149, and the conclusions and recommendations contained therein;
2. Requests the Secretary-General to provide a report on progress made in the implementation of resolution 62/149 and the present resolution, for consideration during its sixty-fifth session, and calls upon Member States to provide the Secretary-General with information in this regard;
3. Decides to continue consideration of the matter at its sixty-fifth session under the item entitled “Promotion and protection of human rights”.
1 A/63/293 and Corr.1.
Guided by the purposes and principles contained in the Charter of the United
Nations,
Recalling the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child,
Reaffirming its resolutions 62/149 of 18 December 2007 and 63/168 of
18 December 2008 on the question of a moratorium on the use of the death penalty,
in which the General Assembly called upon States that still maintain the death
penalty to establish a moratorium on executions with a view to abolishing it,
Mindful that any miscarriage or failure of justice in the implementation of the
death penalty is irreversible and irreparable,
Convinced that a moratorium on the use of the death penalty contributes to
respect for human dignity and to the enhancement and progressive development of
human rights, and considering that there is no conclusive evidence of the deterrent
value of the death penalty,
Noting ongoing national debates and regional initiatives on the death penalty,
as well as the readiness of an increasing number of Member States to make
available information on the use of the death penalty,
Noting also the technical cooperation among Member States in relation to
moratoriums on the death penalty,
1. Welcomes the report of the Secretary-General on the implementation of
resolution 63/168 and the recommendations contained therein;
2. Also welcomes the steps taken by some countries to reduce the number of
offences for which the death penalty may be imposed and the decisions made by an
increasing number of States to apply a moratorium on executions, followed in many
cases by the abolition of the death penalty;
3. Calls upon all States:
(a) To respect international standards that provide safeguards guaranteeing
protection of the rights of those facing the death penalty, in particular the minimum
standards, as set out in the annex to Economic and Social Council resolution
1984/50 of 25 May 1984, as well as to provide the Secretary-General with
information in this regard;
(b) To make available relevant information with regard to their use of the
death penalty, which can contribute to possible informed and transparent national
debates;
(c) To progressively restrict the use of the death penalty and to reduce the
number of offences for which it may be imposed;
(d) To establish a moratorium on executions with a view to abolishing the
death penalty;
4. Calls upon States which have abolished the death penalty not to
reintroduce it, and encourages them to share their experience in this regard;
5. Requests the Secretary-General to report to the General Assembly at its
sixty-seventh session on the implementation of the present resolution;
6. Decides to continue its consideration of the matter at its sixty-seventh
session under the item entitled “Promotion and protection of human rights”.
1 Resolution 217 A (III).
2 See resolution 2200 A (XXI), annex.
3 United Nations, Treaty Series, vol. 1577, No. 27531.
4 A/65/280 and Corr.1.
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
and Chile
Chile
Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
supported by several countries and NGOs before the General Assembly of the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
that called for general suspension (not abolition) of capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
throughout the world. It was twice affirmed: first, on 15 November 2007 by the Third Committee, and then subsequently reaffirmed on 18 December by the United Nations General Assembly resolution
United Nations General Assembly Resolution
A United Nations General Assembly Resolution is voted on by all member states of the United Nations in the General Assembly.General Assembly resolutions usually require a simple majority to pass...
62/149.
It calls on States that maintain the death penalty to establish a moratorium on the use of the death penalty with a view to abolition, and in the meantime, to restrict the number of offences which it punishes and to respect the rights of those on death row. It also calls on States that have abolished the death penalty not to reintroduce it. Like all General Assembly resolutions, it is not binding on any state.
On 15 November, the Third Committee of the United Nations 62nd General Assembly voted 99 to 52, with 33 abstention
Abstention
Abstention is a term in election procedure for when a participant in a vote either does not go to vote or, in parliamentary procedure, is present during the vote, but does not cast a ballot. Abstention must be contrasted with "blank vote", in which a voter casts a ballot willfully made invalid by...
s, in favour of a resolution calling for a global moratorium on capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
.
On 18 December 2007, the United Nations General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
voted 104 to 54 in favour of resolution A/RES/62/149, which proclaims a global moratorium on the death penalty
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
, with 29 abstentions (as well as 5 absent at the time of the vote). Italy had proposed and sponsored this resolution. After the resolution's approval, Italian Foreign Minister Massimo D'Alema
Massimo D'Alema
Massimo D'Alema is an Italian politician. He is also a journalist and a former national secretary of the Democratic Party of the Left...
declared: "Now we must start working on the abolition of the death penalty".
On 18 December 2008, the General Assembly adopted another resolution (A/RES/63/168) reaffirming its previous call for a global moratorium on capital punishment 106 to 46 (with 34 abstentions and another 6 were absent at the time of the vote). This time (during the 63d General Assembly), Chile was the main facilitator of the resolution.
Once again on 21 December 2010, the 65th General Assembly adopted a third resolution (A/RES/65/206) with 109 countries voting in favour, 41 against and 35 abstentions (another 7 countries were absent at the time of the vote). Another resolution on a moratorium will be then further discussed under the item entitled “Promotion and protection of human rights” in 2012.
The international campaign
The UN moratorium campaign was launched in Italy by the association Hands Off Cain affiliated to the Nonviolent Radical Party.In 1994 a resolution for a moratorium was presented for the first time at the United Nations General Assembly (UNGA) by the Italian government. It lost by eight votes.
Since 1997, through Italy’s initiative, and since 1999 through the EU’s endeavour, the United Nations Commission of Human Rights (UNCHR) has been approving a resolution calling for a moratorium on executions with a view to completely abolishing the death penalty, every year. The 2007 vote at the Third Committee of the United Nations General Assembly saw intense diplomatic activity in favour of the moratorium by EU countries, and by the Nonviolent Radical Party itself; the Catholic
Catholic
The word catholic comes from the Greek phrase , meaning "on the whole," "according to the whole" or "in general", and is a combination of the Greek words meaning "about" and meaning "whole"...
Community of Sant'Egidio
Community of Sant'Egidio
The Community of Sant'Egidio is a Christian community that is officially recognized by the Catholic Church as a "Church public lay association". It claims 50,000 members in more than 70 countries...
joined forces by submitting to the U.N. an appeal and 5,000,000 signatures asking for the moratorium to be passed.
Full text of resolution 62/149
The General Assembly,Guided by the purposes and principles contained in the Charter of the United Nations,
Recalling the Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
, the International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
and the Convention on the Rights of the Child
Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children...
,
Recalling also the resolutions on the question of the death penalty adopted over the past decade by the Commission on Human Rights in all consecutive sessions, the last being its resolution 2005/59 of 20 April 2005, in which the Commission called upon states that still maintain the death penalty to abolish it completely and, in the meantime, to establish a moratorium on executions,
Recalling further the important results accomplished by the former Commission of Human Rights on the question of the death penalty, and envisaging that the Human Rights Council could continue to work on this issue,
Considering that the use of the death penalty undermines human dignity, and convinced that a moratorium on the use of the death penalty contributes to the enhancement and progressive development of Human Rights, that there is no conclusive evidence that the death penalty's deterrent value and that any miscarriage or failure of justice in the death penalty's implementation is irreversible and irreparable,
Welcoming the decisions taken by an increasing number of States to apply a moratorium on executions, followed in many cases by the abolition of the death penalty,
1. Expresses its deep concern about the continued application of the death penalty;
2. Calls upon all States that still maintain the death penalty to;
(a) Respect international standards that provide safeguards guaranteeing the protection of the rights of those facing the death penalty, in particular the minimum standards, as set out in the annexe to Economic and Social Council resolution 1984/50 of 25 May 1984;
(b) Provide the Secretary-General with information relating to the use of Capital Punishment and the observance of the safeguards guaranteeing the protection of the rights of those facing the death penalty;
(c) Progressively restrict the use of the death penalty and reduce the number of offences for which it may be imposed;
(d) Establish a moratorium on executions with a view to abolishing the death penalty;
3. Calls upon States which have abolished the death penalty not to reintroduce it;
4. Requests the Secretary-General to report to the General Assembly at its sixty-third session on the implementation of the present resolution;
5. Decides to continue consideration of the matter at its sixty-third session under the same agenda item.
1 Resolution 217 A (III).
2 See resolution 2200 A (XXI), annex.
3 United Nations, Treaty Series, vol. 1577, No. 27531.
4 See Official Records of the Economic and Social Council, 2005, Supplement No. 3 and corrigenda (E/2005/23 and Corr.1 and 2), chap. II, sect. A.
Full text of resolution 63/168
The General Assembly,Reaffirming its resolution 62/149 of 18 December 2007 on a moratorium on
the use of the death penalty,
Welcoming the decisions taken by an increasing number of States to apply a
moratorium on executions and the global trend towards the abolition of the death
penalty,
1. Welcomes the report of the Secretary-General on the implementation of resolution 62/149, and the conclusions and recommendations contained therein;
2. Requests the Secretary-General to provide a report on progress made in the implementation of resolution 62/149 and the present resolution, for consideration during its sixty-fifth session, and calls upon Member States to provide the Secretary-General with information in this regard;
3. Decides to continue consideration of the matter at its sixty-fifth session under the item entitled “Promotion and protection of human rights”.
1 A/63/293 and Corr.1.
Full text of resolution 65/206
The General Assembly,Guided by the purposes and principles contained in the Charter of the United
Nations,
Recalling the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child,
Reaffirming its resolutions 62/149 of 18 December 2007 and 63/168 of
18 December 2008 on the question of a moratorium on the use of the death penalty,
in which the General Assembly called upon States that still maintain the death
penalty to establish a moratorium on executions with a view to abolishing it,
Mindful that any miscarriage or failure of justice in the implementation of the
death penalty is irreversible and irreparable,
Convinced that a moratorium on the use of the death penalty contributes to
respect for human dignity and to the enhancement and progressive development of
human rights, and considering that there is no conclusive evidence of the deterrent
value of the death penalty,
Noting ongoing national debates and regional initiatives on the death penalty,
as well as the readiness of an increasing number of Member States to make
available information on the use of the death penalty,
Noting also the technical cooperation among Member States in relation to
moratoriums on the death penalty,
1. Welcomes the report of the Secretary-General on the implementation of
resolution 63/168 and the recommendations contained therein;
2. Also welcomes the steps taken by some countries to reduce the number of
offences for which the death penalty may be imposed and the decisions made by an
increasing number of States to apply a moratorium on executions, followed in many
cases by the abolition of the death penalty;
3. Calls upon all States:
(a) To respect international standards that provide safeguards guaranteeing
protection of the rights of those facing the death penalty, in particular the minimum
standards, as set out in the annex to Economic and Social Council resolution
1984/50 of 25 May 1984, as well as to provide the Secretary-General with
information in this regard;
(b) To make available relevant information with regard to their use of the
death penalty, which can contribute to possible informed and transparent national
debates;
(c) To progressively restrict the use of the death penalty and to reduce the
number of offences for which it may be imposed;
(d) To establish a moratorium on executions with a view to abolishing the
death penalty;
4. Calls upon States which have abolished the death penalty not to
reintroduce it, and encourages them to share their experience in this regard;
5. Requests the Secretary-General to report to the General Assembly at its
sixty-seventh session on the implementation of the present resolution;
6. Decides to continue its consideration of the matter at its sixty-seventh
session under the item entitled “Promotion and protection of human rights”.
1 Resolution 217 A (III).
2 See resolution 2200 A (XXI), annex.
3 United Nations, Treaty Series, vol. 1577, No. 27531.
4 A/65/280 and Corr.1.