Date and status of ratification

Instrument

Provisions on the death penalty / salient points of the treaty or instrument

23 Oct 1986 (ratified)

International Covenant on Civil and Political Rights (ICCPR) (1966)

Although Article 6 of the ICCPR permits the use of the death penalty in limited circumstances, it also provides that “nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.”

20 Nov 2007 (ratified)

Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (1989)

Member States which became parties to the Protocol agreed not to execute anyone within their jurisdictions.

18 Dec 2007 (sponsor, in favor)

Resolution adopted by the General Assembly on 18 December 2007 [on the report of the Third Committee (A/62/439/Add.2)]

62/149. Moratorium on the use of the death penalty

“The resolution reaffirms in unequivocal terms the commitment of the UN towards abolition. Resolution 62/149 expresses deep concern about the application of the death penalty and calls upon states that still maintain it to, inter alia, respect international safeguards guaranteeing the rights of those facing the death penalty, to reduce the number of offences for which

the death penalty may be imposed and “to establish a moratorium on executions with the view to abolishing the death penalty”.^[1]"

18 Dec 2008 (in favor)

Resolution adopted by the General Assembly on 18 December 2008 [on the report of the Third Committee (A/63/430/Add.2)]

63/168. Moratorium on the use of the death penalty

It had the Assembly “welcoming” the global trend towards the abolition of capital punishment and also “welcoming” the conclusions and recommendations contained in the Secretary-General’s report on the implementation of the 2007 resolution.  It had the Assembly agreeing to take up the issue again in two year’s time.^[2]

21 Dec 2010 (in favor)

Resolution adopted by the General Assembly on 21 December 2010 [on the report of the Third Committee (A/65/456/Add.2 (Part II))]

65/206. Moratorium on the use of the death penalty

“Draft resolution I on the moratorium on the use of the death penalty, approved by a recorded vote of 107 in favour and 38 against, with 36 abstaining on 11 November, after the rejection of three written and one oral amendment, would have the Assembly welcome 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.  States that still maintain the death penalty would be called upon to progressively restrict its use, to reduce the number of offences for which it may be imposed, and to establish a moratorium on executions with a view to abolishing the death penalty.  States which have abolished the death penalty would be called upon not to reintroduce it.  (Press Release GA/SHC/3996)”^[3],^[4]

20 Dec 2012 (in favor)

Resolution adopted by the General Assembly on 20 December 2012 [on the report of the Third Committee (A/67/457/Add.2 and Corr.1)]

67/176. Moratorium on the use of the death penalty

“The Assembly also advanced its call to end the use of the death penalty with the passage — by recorded vote of 111 in favour to 41 against, with 34 abstentions — of a text calling on States to establish a moratorium on executions, with a view to abolishing the practice (Annex XIII).  It was the fourth such text adopted since 2007.  By its terms, the Assembly called on States to progressively restrict the death penalty’s use and not impose capital punishment for offences committed by persons below 18 years of age and pregnant women.  States were also called on to reduce the number of offences for which the death penalty might be imposed.”^[5]

26 June 2014 (in favor)

Human Rights Council Twenty-sixth session Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

Resolution adopted by the Human Rights Council 26/2 The question of the death penalty

“Calls upon States that have not yet acceded to or ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty to consider doing so”

18 Dec 2014 (co-sponsor, in favor)

Resolution adopted by the General Assembly on 18 December 2014 [on the report of the Third Committee (A/69/488/Add.2 and Corr.1)]

69/186. Moratorium on the use of the death penalty

“Resolution A/RES/69/186, which already enjoyed increasing support during the vote of the UNGA’s Third Committee in November, was passed with a record 117 votes in favour, 38 against, 34 abstention and four absent. The resolution has gained support over the years and is now cosponsored by 94 States. The cosponsors have decided to reiterate what they had stated in the past, but also to introduce new elements to make the text stronger in encouraging all States to take further steps towards respecting international law and reducing the application of the death penalty.

In particular, possibly as the result of the focus of World Day Against the Death Penalty 2014 on the death penalty and mental disorders, the paragraph of the text concerning vulnerable groups that was introduced in 2012 referring only to minors and pregnant women now mentions “persons with mental or intellectual disabilities” as well.”^[6],^[7]

1 Oct 2015 (did not vote)

Human Rights Council Thirtieth session

Agenda item 3

Resolution adopted by the Human Rights Council on 1 October 2015

30/5. The question of the death penalty

Calls upon States that have not yet abolished the death penalty to make available relevant information, disaggregated by sex, age and other applicable criteria, with regard to their use of the death penalty, inter alia, the number of persons sentenced to death, the number of persons on death row, the number of executions carried out and the number of death sentences reversed, commuted on appeal or in which amnesty or pardon has been granted, which can contribute to possible informed and transparent national and international debates, including on the obligations of States with regard to the use of the death penalty;

Decides that the upcoming biennial high-level panel discussion to be held at the thirty-fourth session of the Human Rights Council will address the human rights violations related to the use of the death penalty, in particular with respect to the prohibition of torture and other cruel, inhuman or degrading treatment or punishment;

19 December 2016 (abstained)

Resolution adopted by the General Assembly on 19 December 2016

[on the report of the Third Committee (A/71/484/Add.2)]

71/187.Moratorium on the use of the death penalty

The adoption of this resolution confirms and supports the global trend towards the abolition of the death penalty.

According to the World Coalition Against the Death Penalty,  A/RES/71/187 was adopted by a large majority, with news States voting in favour of it. 117 voted for the resolution, 40 against (+ 2 compared to 2014) while 31 abstained (- 3) and 5 were absent. 89 States cosponsored the resolution.

Human Rights Council Thirty-Sixth Session

Agenda Item 3

Resolution adopted by the Human Rights Council on 5 October 2017  

36/17 The question of the death penalty

Requests the  Secretary-General  to  dedicate  the  2019  supplement  to  his quinquennial report on capital punishment to the consequences arising at various stages of the imposition and application of the death penalty on the enjoyment of the human rights of persons facing the death penalty and other affected persons, paying specific attention to the impact of the resumption of the use of the death penalty on  human rights, and to present it to the Human Rights Council at its forty-second session;

Also  requests the  Office  of  the  High  Commissioner  to  prepare  a  summary report  on  the  panel  discussion  and  to  submit  it  to  the  Human  Rights  Council  at  its  forty-second session.

Resolution adopted by the General Assembly on 17 December 2018

[on the report of the Third Committee (A/73/589/Add.2)]

73/175. Moratorium on the use of the death penalty

Amnesty International notes that 121 of the UN’s 193 member states voted in favour of the seventh resolution on a moratorium on the use of the death penalty at the UNGA plenary session in New York, while 35 voted against and 32 abstained. 117 had done so in December 2016. This resolution was proposed by Brazil on behalf of an Inter-Regional Task Force of member states and co-sponsored by 83 states.