Agreement on Provisional Arrangements
in Afghanistan Pending the Re-Establishment of Permanent Government
Institutions
[The Bonn Agreement]
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.
Recognising 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.
Recognising 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
1 to this agreement must meanwhile be put in place.
Considering that the United Nations,
as the internationally recognised 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
An Interim Authority shall be established upon
the official transfer of power on 22 December 2001.
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.
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 specialised
agencies, as well as in other international institutions and conferences.
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.
The Interim Authority shall cease to exist once
the Transitional Authority has been established by the Emergency
Loya Jirga.
A Constitutional Loya Jirga shall be convened
within 18 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 Administrations 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 uluswrals, 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 21 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
be 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 organisations 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 10 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 recognised 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 co-operate
with the international community in the fight against terrorism,
drugs and organised 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 5 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:
Mr Rahmatullah Mousa Ghazi
Mr Hafizullah Asif Mohseni
Prof Mohammad Ishaq Nadiri
General Abdul Rahim Wardak
Witnessed for the United Nations by:
Special Representative of the Secretary-General for
Afghanistan
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