05 December 2001
Text: Afghan Agreement on Broad-Based, Multi-Ethnic Government
(Interim Authority to be established December 22, 2001) (3290)
Following is the full text of the agreement signed December 4 by
Afghan representatives meeting in Bonn, Germany, aimed at establishing
a stable, representative government in Afghanistan following 23 years
of war.
(begin text)
AGREEMENT ON PROVISIONAL ARRANGEMENTS IN AFGHANISTAN PENDING THE
RE-ESTABLISHMENT OF PERMANENT GOVERNMENT INSTITUTIONS
The participants in the UN Talks on Afghanistan,
In the presence of the Special Representative of the Secretary-General
for Afghanistan,
Determined to end the tragic conflict in Afghanistan and promote
national reconciliation, lasting peace, stability and respect for
human rights in the country,
Reaffirming the independence, national sovereignty and territorial
integrity of Afghanistan,
Acknowledging the right of the people of Afghanistan to freely
determine their own political future in accordance with the principles
of Islam, democracy, pluralism and social justice,
Expressing their appreciation to the Afghan mujahidin who, over the
years, have defended the independence, territorial integrity and
national unity of the country and have played a major role in the
struggle against terrorism and oppression, and whose sacrifice has now
made them both heroes of jihad and champions of peace, stability and
reconstruction of their beloved homeland, Afghanistan,
Aware that the unstable situation in Afghanistan requires the
implementation of emergency interim arrangements and expressing their
deep appreciation to His Excellency Professor Burhanuddin Rabbani for
his readiness to transfer power to an interim authority which is to be
established pursuant to this agreement,
Recognizing the need to ensure broad representation in these interim
arrangements of all segments of the Afghan population, including
groups that have not been adequately represented at the UN Talks on
Afghanistan,
Noting that these interim arrangements are intended as a first step
toward the establishment of a broad-based, gender-sensitive,
multi-ethnic and fully representative government, and are not intended
to remain in place beyond the specified period of time,
Recognizing that some time may be required for a new Afghan security
force to be fully constituted and functional and that therefore other
security provisions detailed in Annex I to this agreement must
meanwhile be put in place,
Considering that the United Nations, as the internationally recognized
impartial institution, has a particularly important role to play,
detailed in Annex II to this agreement, in the period prior to the
establishment of permanent institutions in Afghanistan,
Have agreed as follows:
THE INTERIM AUTHORITY
I. General provisions
1) An Interim Authority shall be established upon the official
transfer of power on 22 December 2001.
2) The Interim Authority shall consist of an Interim Administration
presided over by a Chairman, a Special Independent Commission for the
Convening of the Emergency Loya Jirga, and a Supreme Court of
Afghanistan, as well as such other courts as may be established by the
Interim Administration. The composition, functions and governing
procedures for the Interim Administration and the Special Independent
Commission are set forth in this agreement.
3) Upon the official transfer of power, the Interim Authority shall be
the repository of Afghan sovereignty, with immediate effect. As such,
it shall, throughout the interim period, represent Afghanistan in its
external relations and shall occupy the seat of Afghanistan at the
United Nations and in its specialized agencies, as well as in other
international institutions and conferences.
4) An Emergency Loya Jirga shall be convened within six months of the
establishment of the Interim Authority. The Emergency Loya Jirga will
be opened by His Majesty Mohammed Zaher, the former King of
Afghanistan. The Emergency Loya Jirga shall decide on a Transitional
Authority, including a broad-based transitional administration, to
lead Afghanistan until such time as a fully representative government
can be elected through free and fair elections to be held no later
than two years from the date of the convening of the Emergency Loya
Jirga.
5) The Interim Authority shall cease to exist once the Transitional
Authority has been established by the Emergency Loya Jirga.
6) A Constitutional Loya Jirga shall be convened within eighteen
months of the establishment of the Transitional Authority, in order to
adopt a new constitution for Afghanistan. In order to assist the
Constitutional Loya Jirga prepare the proposed Constitution, the
Transitional Administration shall, within two months of its
commencement and with the assistance of the United Nations, establish
a Constitutional Commission.
II. Legal framework and judicial system
1) The following legal framework shall be applicable on an interim
basis until the adoption of the new Constitution referred to above:
i) The Constitution of 1964, a/ to the extent that its provisions are
not inconsistent with those contained in this agreement, and b/ with
the exception of those provisions relating to the monarchy and to the
executive and legislative bodies provided in the Constitution; and ii)
existing laws and regulations, to the extent that they are not
inconsistent with this agreement or with international legal
obligations to which Afghanistan is a party, or with those applicable
provisions contained in the Constitution of 1964, provided that the
Interim Authority shall have the power to repeal or amend those laws
and regulations.
2) The judicial power of Afghanistan shall be independent and shall be
vested in a Supreme Court of Afghanistan, and such other courts as may
be established by the Interim Administration. The Interim
Administration shall establish, with the assistance of the United
Nations, a Judicial Commission to rebuild the domestic justice system
in accordance with Islamic principles, international standards, the
rule of law and Afghan legal traditions.
III. Interim Administration
A Composition
1) The Interim Administration shall be composed of a Chairman, five
Vice Chairmen and 24 other members. Each member, except the Chairman,
may head a department of the Interim Administration.
2) The participants in the UN Talks on Afghanistan have invited His
Majesty Mohammed Zaher, the former King of Afghanistan, to chair the
Interim Administration. His Majesty has indicated that he would prefer
that a suitable candidate acceptable to the participants be selected
as the Chair of the Interim Administration.
3) The Chairman, the Vice Chairmen and other members of the Interim
Administration have been selected by the participants in the UN Talks
on Afghanistan, as listed in Annex IV to this agreement. The selection
has been made on the basis of professional competence and personal
integrity from lists submitted by the participants in the UN Talks,
with due regard to the ethnic, geographic and religious composition of
Afghanistan and to the importance of the participation of women.
4) No person serving as a member of the Interim Administration may
simultaneously hold membership of the Special Independent Commission
for the Convening of the Emergency Loya Jirga.
B. Procedures
1) The Chairman of the Interim Administration, or in his/her absence
one of the Vice Chairmen, shall call and chair meetings and propose
the agenda for these meetings.
2) The Interim Administration shall endeavour to reach its decisions
by consensus. In order for any decision to be taken, at least 22
members must be in attendance. If a vote becomes necessary, decisions
shall be taken by a majority of the members present and voting, unless
otherwise stipulated in this agreement. The Chairman shall cast the
deciding vote in the event that the members are divided equally.
C. Functions
1) The Interim Administration shall be entrusted with the day-to-day
conduct of the affairs of state, and shall have the right to issue
decrees for the peace, order and good government of Afghanistan.
2) The Chairman of the Interim Administration or, in his/her absence,
one of the Vice Chairmen, shall represent the Interim Administration
as appropriate.
3) Those members responsible for the administration of individual
departments shall also be responsible for implementing the policies of
the Interim Administration within their areas of responsibility.
4) Upon the official transfer of power, the Interim Administration
shall have full jurisdiction over the printing and delivery of the
national currency and special drawing rights from international
financial institutions. The Interim Administration shall establish,
with the assistance of the United Nations, a Central Bank of
Afghanistan that will regulate the money supply of the country through
transparent and accountable procedures.
5) The Interim Administration shall establish, with the assistance of
the United Nations, an independent Civil Service Commission to provide
the Interim Authority and the future Transitional Authority with
shortlists of candidates for key posts in the administrative
departments, as well as those of governors and uluswals, in order to
ensure their competence and integrity.
6) The Interim Administration shall, with the assistance of the United
Nations, establish an independent Human Rights Commission, whose
responsibilities will include human rights monitoring, investigation
of violations of human rights, and development of domestic human
rights institutions. The Interim Administration may, with the
assistance of the United Nations, also establish any other commissions
to review matters not covered in this agreement.
7) The members of the Interim Administration shall abide by a Code of
Conduct elaborated in accordance with international standards.
8) Failure by a member of the Interim Administration to abide by the
provisions of the Code of Conduct shall lead to his/her suspension
from that body. The decision to suspend a member shall be taken by a
two-thirds majority of the membership of the Interim Administration on
the proposal of its Chairman or any of its Vice Chairmen.
9) The functions and powers of members of the Interim Administration
will be further elaborated, as appropriate, with the assistance of the
United Nations.
IV. The Special Independent Commission for the Convening of the
Emergency Loya Jirga
1) The Special Independent Commission for the Convening of the
Emergency Loya Jirga shall be established within one month of the
establishment of the Interim Authority. The Special Independent
Commission will consist of twenty-one members, a number of whom should
have expertise in constitutional or customary law. The members will be
selected from lists of candidates submitted by participants in the UN
Talks on Afghanistan as well as Afghan professional and civil society
groups. The United Nations will assist with the establishment and
functioning of the commission and of a substantial secretariat.
2) The Special Independent Commission will have the final authority
for determining the procedures for and the number of people who will
participate in the Emergency Loya Jirga. The Special Independent
Commission will draft rules and procedures specifying (i) criteria for
allocation of seats to the settled and nomadic population residing in
the country; (ii) criteria for allocation of seats to the Afghan
refugees living in Iran, Pakistan, and elsewhere, and Afghans from the
diaspora; (iii) criteria for inclusion of civil society organizations
and prominent individuals, including Islamic scholars, intellectuals,
and traders, both within the country and in the diaspora. The Special
Independent Commission will ensure that due attention is paid to the
representation in the Emergency Loya Jirga of a significant number of
women as well as all other segments of the Afghan population.
3) The Special Independent Commission will publish and disseminate the
rules and procedures for the convening of the Emergency Loya Jirga at
least ten weeks before the Emergency Loya Jirga convenes, together
with the date for its commencement and its suggested location and
duration.
4) The Special Independent Commission will adopt and implement
procedures for monitoring the process of nomination of individuals to
the Emergency Loya Jirga to ensure that the process of indirect
election or selection is transparent and fair. To pre-empt conflict
over nominations, the Special Independent Commission will specify
mechanisms for filing of grievances and rules for arbitration of
disputes.
5) The Emergency Loya Jirga will elect a Head of the State for the
Transitional Administration and will approve proposals for the
structure and key personnel of the Transitional Administration.
V. Final provisions
1) Upon the official transfer of power, all mujahidin, Afghan armed
forces and armed groups in the country shall come under the command
and control of the Interim Authority, and be reorganized according to
the requirements of the new Afghan security and armed forces.
2) The Interim Authority and the Emergency Loya Jirga shall act in
accordance with basic principles and provisions contained in
international instruments on human rights and international
humanitarian law to which Afghanistan is a party.
3) The Interim Authority shall cooperate with the international
community in the fight against terrorism, drugs and organized crime.
It shall commit itself to respect international law and maintain
peaceful and friendly relations with neighbouring countries and the
rest of the international community.
4) The Interim Authority and the Special Independent Commission for
the Convening of the Emergency Loya Jirga will ensure the
participation of women as well as the equitable representation of all
ethnic and religious communities in the Interim Administration and the
Emergency Loya Jirga.
5) All actions taken by the Interim Authority shall be consistent with
Security Council resolution 1378 (14 November 2001) and other relevant
Security Council resolutions relating to Afghanistan.
6) Rules of procedure for the organs established under the Interim
Authority will be elaborated as appropriate with the assistance of the
United Nations.
This agreement, of which the annexes constitute an integral part, done
in Bonn on this 5th day of December 2001 in the English language,
shall be the authentic text, in a single copy which shall remain
deposited in the archives of the United Nations. Official texts shall
be provided in Dari and Pashto, and such other languages as the
Special Representative of the Secretary-General may designate. The
Special Representative of the Secretary-General shall send certified
copies in English, Dari and Pashto to each of the participants.
For the participants in the UN Talks on Afghanistan:
Ms. Amena Afzali Mr. S. Hussain Anwari Mr. Hedayat Amin Arsala Mr.
Sayed Hamed Gailani Mr. Rahmatullah Mousa Ghazi Eng. Abdul Hakim Mr.
Houmayoun Jareer Mr. Abbas Karimi Mr. Mustafa Kazimi Dr. Azizullah
Ludin Mr. Ahmad Wali Massoud Mr. Hafizullah Asif Mohseni Prof.
Mohammad Ishaq Nadiri Mr. Mohammad Natiqi Mr. Aref Noorzay Mr. Yunus
Qanooni Dr. Zalmai Rassoul Mr. H. Mirwais Sadeq Dr. Mohammad Jalil
Shams Prof. Abdul Sattar Sirat Mr. Humayun Tandar Mrs. Sima Wali
General Abdul Rahim Wardak Mr. Azizullah Wasefi Mr. Pacha Khan Zadran
Witnessed for the United Nations by:
Mr. Lakhdar Brahimi Special Representative of the Secretary-General
for Afghanistan
ANNEX I
INTERNATIONAL SECURITY FORCE
1. The participants in the UN Talks on Afghanistan recognize that the
responsibility for providing security and law and order throughout the
country resides with the Afghans themselves. To this end, they pledge
their commitment to do all within their means and influence to ensure
such security, including for all United Nations and other personnel of
international governmental and non-governmental organizations deployed
in Afghanistan.
2. With this objective in mind, the participants request the
assistance of the international community in helping the new Afghan
authorities in the establishment and training of new Afghan security
and armed forces.
3. Conscious that some time may be required for the new Afghan
security and armed forces to be fully constituted and functioning, the
participants in the UN Talks on Afghanistan request the United Nations
Security Council to consider authorizing the early deployment to
Afghanistan of a United Nations mandated force. This force will assist
in the maintenance of security for Kabul and its surrounding areas.
Such a force could, as appropriate, be progressively expanded to other
urban centres and other areas.
4. The participants in the UN Talks on Afghanistan pledge to withdraw
all military units from Kabul and other urban centers or other areas
in which the UN mandated force is deployed. It would also be desirable
if such a force were to assist in the rehabilitation of Afghanistan's
infrastructure.
ANNEX II
ROLE OF THE UNITED NATIONS DURING THE INTERIM PERIOD
1. The Special Representative of the Secretary-General will be
responsible for all aspects of the United Nations' work in
Afghanistan.
2. The Special Representative shall monitor and assist in the
implementation of all aspects of this agreement.
3. The United Nations shall advise the Interim Authority in
establishing a politically neutral environment conducive to the
holding of the Emergency Loya Jirga in free and fair conditions. The
United Nations shall pay special attention to the conduct of those
bodies and administrative departments which could directly influence
the convening and outcome of the Emergency Loya Jirga.
4. The Special Representative of the Secretary-General or his/her
delegate may be invited to attend the meetings of the Interim
Administration and the Special Independent Commission on the Convening
of the Emergency Loya Jirga.
5. If for whatever reason the Interim Administration or the Special
Independent Commission were actively prevented from meeting or unable
to reach a decision on a matter related to the convening of the
Emergency Loya Jirga, the Special Representative of the
Secretary-General shall, taking into account the views expressed in
the Interim Administration or in the Special Independent Commission,
use his/her good offices with a view to facilitating a resolution to
the impasse or a decision.
6. The United Nations shall have the right to investigate human rights
violations and, where necessary, recommend corrective action. It will
also be responsible for the development and implementation of a
programme of human rights education to promote respect for and
understanding of human rights.
ANNEX III
REQUEST TO THE UNITED NATIONS BY THE PARTICIPANTS AT THE UN TALKS ON
AFGHANISTAN
The participants in the UN Talks on Afghanistan hereby
1. Request that the United Nations and the international community
take the necessary measures to guarantee the national sovereignty,
territorial integrity and unity of Afghanistan as well as the
non-interference by foreign countries in Afghanistan's internal
affairs;
2. Urge the United Nations, the international community, particularly
donor countries and multilateral institutions, to reaffirm, strengthen
and implement their commitment to assist with the rehabilitation,
recovery and reconstruction of Afghanistan, in coordination with the
Interim Authority;
3. Request the United Nations to conduct as soon as possible (i) a
registration of voters in advance of the general elections that will
be held upon the adoption of the new constitution by the
constitutional Loya Jirga and (ii) a census of the population of
Afghanistan.
4. Urge the United Nations and the international community, in
recognition of the heroic role played by the mujahidin in protecting
the independence of Afghanistan and the dignity of its people, to take
the necessary measures, in coordination with the Interim Authority, to
assist in the reintegration of the mujahidin into the new Afghan
security and armed forces;
5. Invite the United Nations and the international community to create
a fund to assist the families and other dependents of martyrs and
victims of the war, as well as the war disabled;
6. Strongly urge that the United Nations, the international community
and regional organizations cooperate with the Interim Authority to
combat international terrorism, cultivation and trafficking of illicit
drugs and provide Afghan farmers with financial, material and
technical resources for alternative crop production.
ANNEX IV
COMPOSITION OF THE INTERIM ADMINISTRATION
Chairman:................................. Mr. Hamid Karzai
Membership (of whom 5 will be Vice-Chairs) Department of Defence:
Department of Finance: Department of Foreign Affairs: Department of
the Interior: Department of Planning: Department of Commerce:
Department of Mines & Industries: Department of Small Industries:
Department of Information & Culture: Department of Communication:
Department of Labour & Social Affairs: Department of Hajj & Auqaf:
Department of Martyrs & Disabled: Department of Education: Department
of Higher Education: Department of Public Health: Department of Public
Works: Department of Rural Development: Department of Urban
Development: Department of Reconstruction: Department of Transport:
Department of Water and Electricity: Department for the Return of
Refugees: Department of Agriculture: Department of Irrigation:
Department of Justice: Department of Air Transport & Tourism:
Department of Border Affairs: Department of Women's Affairs
(end text)
(Distributed by the Office of International Information Programs, U.S.
Department of State. Web site: http://usinfo.state.gov)
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