Berlin Declaration (Berlin Conference)

  • Country/entity
    Afghanistan
  • Region
    Europe and Eurasia
  • Agreement name
    Berlin Declaration (Berlin Conference)
  • Date
    1 Apr 2004
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Interstate/intrastate conflict(s) ( Afghan Wars (1979 - ) )
  • Stage
    Implementation/renegotiation
  • Conflict nature
    Government
  • Peace process
    Afghanistan: 2000s Post-intervention process
  • Parties
    Document not signed, but background documents and reporting note participants as:
    Hamid Karzai - President, Afghanistan
    Abd Allah Abd Allah - Foreign Minister, Afghanistan
    Khurshid Mahmud Kasuri - Foreign Minister, Pakistan
    Li Zhaoxing - Foreign Minister, China
    Colin Powell - Secretary of State, United States
    Alexander Downer - Foreign Minister, Australia
    Jack Straw - Foreign Minister, United Kingdom
    Brian Cowen - Minister of Foreign Affairs, Ireland
    Hwang Doo-Yun - South Korea
    Sergey Lavrov - Minister of Foreign Affairs, Russian Federation
    Sadako Ogata - Japan
    Jaap de Hoop Scheffer - NATO Secretary General
    Jean Arnault - United Nations envoy to Afghanistan

    As well as representatives from the following countries:

    Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Canada, Iceland, Norway, Kyrgyzstan, Tajikistan, Uzbekistan

    and others, with a total of 65 signatory countries and organisations
  • Third parties
    -
  • Description
    This agreement outlines the conclusions and commitments made by attendees of the 2004 Berlin Conference on Afghanistan. It builds on previous commitments made in the 2001 Bonn Agreement, and extends to new issues including the deployment of international forces in Afghanistan, and adds new financial commitments from donors.


Groups

  • Children/youth

    No specific mention.

  • Disabled persons

    No specific mention.

  • Elderly/age

    No specific mention.

  • Migrant workers

    No specific mention.

  • Racial/ethnic/national group

    No specific mention.

  • Religious groups

    No specific mention.

  • Indigenous people

    No specific mention.

  • Other groups

    No specific mention.

  • Refugees/displaced persons
    Groups→Refugees/displaced persons→Rhetorical
    Page 1, Untitled Preamble
    ...
    Welcoming the contributions and pledges towards Afghanistan’s reconstruction and reform programs made by countries at the Tokyo Conference of January 2002, that have helped avert a humanitarian crisis and resettle more than three million refugees and internally displaced people so far, and laid the foundation for economic development and growth in the future
  • Social class

    No specific mention.


Gender

  • Women, girls and gender
    Page 1, Untitled Preamble
    ...
    Noting with satisfaction the substantial progress achieved under the Bonn Agreement of December 2001 in fostering peace, stability, national unity, democratization, and economic development in Afghanistan, culminating in the adoption of a new Afghan Constitution in January 2004, which lays the groundwork for an elected Government and Parliament, and an independent Judiciary, which guarantees the constitutional rights of all its citizens – men and women – and adheres to the principle of human rights and the establishment of a self-sustaining, market-orientated economy.

    Page 3, 10
    That all efforts to build a new Afghanistan shall also reflect the aspirations of the Civil Society that is taking root in the country and promote the participation of women according to their rights under the Constitution
  • Men and boys
    Gender→Men and boys→Gender neutral wording
    Page 1, Untitled Preamble
    ...
    Noting with satisfaction the substantial progress achieved under the Bonn Agreement of December 2001 in fostering peace, stability, national unity, democratization, and economic development in Afghanistan, culminating in the adoption of a new Afghan Constitution in January 2004, which lays the groundwork for an elected Government and Parliament, and an independent Judiciary, which guarantees the constitutional rights of all its citizens – men and women – and adheres to the principle of human rights and the establishment of a self-sustaining, market-orientated economy.
  • LGBTI

    No specific mention.

  • Family

    No specific mention.


State definition

  • Nature of state (general)

    No specific mention.

  • State configuration

    No specific mention.

  • Self determination

    No specific mention.

  • Referendum

    No specific mention.

  • State symbols

    No specific mention.

  • Independence/secession

    No specific mention.

  • Accession/unification

    No specific mention.

  • Border delimitation

    No specific mention.

  • Cross-border provision

    No specific mention.


Governance

  • Political institutions (new or reformed)
    Governance→Political institutions (new or reformed)→General references
    Page 1, Untitled Preamble
    ...
    Welcoming the achievements in the state and institution building process, in particular the peaceful holding of two Loya Jirgas which elected a President and adopted a Constitution, the progress in creating and strengthening the national security institutions, the adoption of key legislation, the re-establishment of a Central Bank and the successful launch of a new currency, the adoption of a National Development Framework and a National Budget, as well as the establishment of Commissions on Human Rights, Elections, Judiciary and Civil Service Reform

    Page 2, Untitled Preamble
    ...
    Determined to complete the Bonn Process by creating the conditions under which the people of Afghanistan can freely determine their own political future by establishing a fully representative government through free and fair elections in a secure and peaceful environment
  • Elections
    Page 1, Untitled Preamble
    We, the participants in the 2004 Berlin Conference on Afghanistan, Committed to the vision of a secure, stable, free, prosperous and democratic Afghanistan as laid out in the Afghan Constitution and as reaffirmed in the speech of President Hamid Karzai held at this Conference, in particular welcoming the announcement to hold direct presidential and parliamentary elections in September 2004.

    Page 3, 2
    Welcome the commitment by NATO to expand ISAF's mission by establishing five additional Provincial Reconstruction Teams by summer 2004 and further PRTs thereafter, as well as the readiness of ISAF and OEF to assist in securing the conduct of elections
  • Electoral commission
    Page 1, Untitled Preamble
    ...
    Welcoming the achievements in the state and institution building process, in particular...establishment of Commissions on...elections
  • Political parties reform

    No specific mention.

  • Civil society
    Page 3, 10
    That all efforts to build a new Afghanistan shall also reflect the aspirations of the Civil Society that is taking root in the country and promote the participation of women according to their rights under the Constitution
  • Traditional/religious leaders

    No specific mention.

  • Public administration
    Page 1, Untitled Preamble
    ...
    Welcoming the achievements in the state and institution building process, in particular...establishment of Commissions on...Civil Service Reform
  • Constitution
    Governance→Constitution→Constitution affirmation/renewal
    Page 1, Untitled Preamble
    ...
    Welcoming the achievements in the state and institution building process, in particular the peaceful holding of two Loya Jirgas which elected a President and adopted a Constitution

Power sharing

  • Political power sharing

    No specific mention.

  • Territorial power sharing

    No specific mention.

  • Economic power sharing

    No specific mention.

  • Military power sharing

    No specific mention.


Human rights and equality

  • Human rights/RoL general
    Page 1, Untitled Preamble
    ...
    Noting with satisfaction the substantial progress achieved under the Bonn Agreement of December 2001 in fostering peace, stability, national unity, democratization, and economic development in Afghanistan, culminating in the adoption of a new Afghan Constitution in January 2004, which lays the groundwork for an elected Government and Parliament, and an independent Judiciary, which guarantees the constitutional rights of all its citizens – men and women – and adheres to the principle of human rights and the establishment of a self-sustaining, market-orientated economy.

    Page 2, 4
    Agree that further efforts will be necessary for the full establishment of the rule of law and a functioning judicial system as enshrined in the Constitution
  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights

    No specific mention.

  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship
    Rights related issues→Citizenship→Citizens, specific rights
    Page 1, Untitled Preamble
    ...
    Noting with satisfaction the substantial progress achieved under the Bonn Agreement of December 2001 in fostering peace, stability, national unity, democratization, and economic development in Afghanistan, culminating in the adoption of a new Afghan Constitution in January 2004, which lays the groundwork for an elected Government and Parliament, and an independent Judiciary, which guarantees the constitutional rights of all its citizens – men and women – and adheres to the principle of human rights and the establishment of a self-sustaining, market-orientated economy.
  • Democracy
    Page 1, Untitled Preamble
    We, the participants in the 2004 Berlin Conference on Afghanistan, Committed to the vision of a secure, stable, free, prosperous and democratic Afghanistan as laid out in the Afghan Constitution...
  • Detention procedures

    No specific mention.

  • Media and communication

    No specific mention.

  • Mobility/access

    No specific mention.

  • Protection measures

    No specific mention.

  • Other

    No specific mention.


Rights institutions

  • NHRI
    Rights institutions→NHRI→Mentions of NHRI
    Page 1, Untitled Preamble
    ...
    Welcoming the achievements in the state and institution building process, in particular...the establishment of Commissions on Human Rights
  • Regional or international human rights institutions

    No specific mention.


Justice sector reform

  • Criminal justice and emergency law

    No specific mention.

  • State of emergency provisions

    No specific mention.

  • Judiciary and courts
    Page 1, Untitled Preamble
    ...
    Welcoming the achievements in the state and institution building process, in particular...establishment of Commissions on...Judiciary

    Page 2, 4
    Agree that further efforts will be necessary for the full establishment of the rule of law and a functioning judicial system as enshrined in the Constitution
  • Prisons and detention

    No specific mention.

  • Traditional Laws

    No specific mention.


Socio-economic reconstruction

  • Development or socio-economic reconstruction
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 1, Untitled Preamble
    ...
    Welcoming the contributions and pledges towards Afghanistan’s reconstruction and reform programs made by countries at the Tokyo Conference of January 2002, that have helped avert a humanitarian crisis and resettle more than three million refugees and internally displaced people so far, and laid the foundation for economic development and growth in the future
    ...
    Determined to continue, in the spirit of the Bonn Agreement, as a common endeavor of the Afghan people and the international community, the tasks of rebuilding and reforming the political, social and economic structures of Afghanistan, with the aim of creating lasting peace, stability and economic development, and with a view to offering all Afghans in an equitable manner tangible prospects for a brighter future
  • National economic plan
    Page 1, Untitled Preamble
    ...
    Welcoming the achievements in the state and institution building process, in particular...the adoption of a National Development Framework and a National Budget
  • Natural resources

    No specific mention.

  • International funds
    Page 2, 2
    Agree that the international community is determined to assist further in the stabilization of the security situation throughout the country, in particular with the deployment of Provincial Reconstruction Teams (PRT), which also contribute to reconstruction and development efforts

    Page 2, 6
    Agree that the investment program presented in the report “Securing Afghanistan’s Future” outlines the substantial further assistance required to address Afghanistan’s long term reconstruction needs, and that the implementation of this program depends as much on the continued commitment of donors as on the Afghan Government’s success in achieving the ambitious targets it has set for itself.

    Page 3, 7
    Agree that better predictability makes it desirable for the assistance to Afghanistan to be, if possible, in multi-year commitments and, with increasing absorption capacity for a growing share of this assistance to be channeled [sic] through the Afghan budget as direct budget support or as contributions to the Afghanistan Reconstruction Trust Fund (ARTF) and to the Law and Order Trust Fund (LOTFA), and that the Government of Afghanistan will continue to make every effort to enhance domestic revenue mobilization

    Page 3, 1
    Welcome the multiyear commitments made at the Conference for the reconstruction and development of Afghanistan totalling US$ 8.2 bn for the fiscal years 1383 – 1385 (March 2004 – March 2007), which includes a pledge of US$ 4.4 bn for 1383 (March 2004 – March 2005)

    Page 3, 2
    Welcome the commitment by NATO to expand ISAF's mission by establishing five additional Provincial Reconstruction Teams by summer 2004 and further PRTs thereafter, as well as the readiness of ISAF and OEF to assist in securing the conduct of elections
  • Business

    No specific mention.

  • Taxation

    No specific mention.

  • Banks
    Socio-economic reconstruction→Banks→Central bank
    Page 1, Untitled Preamble
    ...
    Welcoming the achievements in the state and institution building process, in particular...the re-establishment of a Central Bank and the successful launch of a new currency.

Land, property and environment

  • Land reform/rights

    No specific mention.

  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage

    No specific mention.

  • Environment

    No specific mention.

  • Water or riparian rights or access

    No specific mention.


Security sector

  • Security Guarantees
    Page 1, Untitled Preamble
    ...
    Noting with satisfaction the progress made by Afghans and the international community in the fight against remnants of international terrorism, and the common resolve to defeat terrorists who undermine security and reconstruction efforts in Afghanistan

    Page 2, 2
    Agree that the international community is determined to assist further in the stabilization of the security situation throughout the country, in particular with the deployment of Provincial Reconstruction Teams (PRT), which also contribute to reconstruction and development efforts

    Page 3, 2
    Welcome the commitment by NATO to expand ISAF's mission by establishing five additional Provincial Reconstruction Teams by summer 2004 and further PRTs thereafter, as well as the readiness of ISAF and OEF to assist in securing the conduct of elections
  • Ceasefire

    No specific mention.

  • Police
    Page 2, 3
    Agree that it is necessary to...continue the formation of the Afghan National Army and the National Police
  • Armed forces
    Page 2, 3
    Agree that it is necessary to...continue the formation of the Afghan National Army and the National Police
  • DDR
    Security sector→DDR→DDR programmes
    Page 2, 3
    Agree that it is necessary to implement vigorously the first phase of the Disarmament, Demobilization and Reintegration program to be completed by the end of June 2004 as decided by the President of Afghanistan, thereafter to intensify the program ahead of the 2004 elections
  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces

    No specific mention.

  • Withdrawal of foreign forces

    No specific mention.

  • Corruption

    No specific mention.

  • Crime/organised crime

    No specific mention.

  • Drugs
    Page 2, 5
    Agree that opium poppy cultivation, drug production and trafficking pose a serious threat to the rule of law and development in Afghanistan as well as to international security, and that therefore Afghanistan and the international community shall do everything - including the development of economic alternatives - to reduce and eventually eliminate this threat
  • Terrorism
    Page 1, Untitled Preamble
    ...
    Noting with satisfaction the progress made by Afghans and the international community in the fight against remnants of international terrorism, and the common resolve to defeat terrorists who undermine security and reconstruction efforts in Afghanistan

Transitional justice

  • Transitional justice general

    No specific mention.

  • Amnesty/pardon

    No specific mention.

  • Courts

    No specific mention.

  • Mechanism

    No specific mention.

  • Prisoner release

    No specific mention.

  • Vetting

    No specific mention.

  • Victims

    No specific mention.

  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation

    No specific mention.


Implementation

  • UN signatory

    No specific mention.

  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar
    Page 2, 1
    Agree that while the responsibility for providing security and enforcing law and order throughout the country resides with the Afghans themselves, the engagement of the International Security Assistance Force (ISAF), mandated by the UN-Security Council and now under the command of NATO, and Operation Enduring Freedom (OEF) - at the request and welcomed by the Afghan Government - will be continued until such time as the new Afghan security and armed forces are sufficiently constituted and operational
  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    UN Peacemaker
    http://peacemaker.un.org/
    http://peacemaker.un.org/node/1813

International Afghanistan Conference in Berlin, 31 March – 01 April 2004

Berlin Declaration

01 April 2004

We, the participants in the 2004 Berlin Conference on Afghanistan,

Committed to the vision of a secure, stable, free, prosperous and democratic Afghanistan as laid out in the Afghan Constitution and as reaffirmed in the speech of President Hamid Karzai held at this Conference, in particular welcoming the announcement to hold direct presidential and parliamentary elections in September 2004.

Noting with satisfaction the substantial progress achieved under the Bonn Agreement of December 2001 in fostering peace, stability, national unity, democratization, and economic development in Afghanistan, culminating in the adoption of a new Afghan Constitution in January 2004, which lays the groundwork for an elected Government and Parliament, and an independent Judiciary, which guarantees the constitutional rights of all its citizens – men and women – and adheres to the principle of human rights and the establishment of a self-sustaining, market-orientated economy.

Welcoming the achievements in the state and institution building process, in particular the peaceful holding of two Loya Jirgas which elected a President and adopted a Constitution, the progress in creating and strengthening the national security institutions, the adoption of key legislation, the re-establishment of a Central Bank and the successful launch of a new currency, the adoption of a National Development Framework and a National Budget, as well as the establishment of Commissions on Human Rights, Elections, Judiciary and Civil Service Reform,

Noting with satisfaction the progress made by Afghans and the international community in the fight against remnants of international terrorism, and the common resolve to defeat terrorists who undermine security and reconstruction efforts in Afghanistan,

Welcoming the contributions and pledges towards Afghanistan’s reconstruction and reform programs made by countries at the Tokyo Conference of January 2002, that have helped avert a humanitarian crisis and resettle more than three million refugees and internally displaced people so far, and laid the foundation for economic development and growth in the future,

Determined to complete the Bonn Process by creating the conditions under which the people of Afghanistan can freely determine their own political future by establishing a fully representative government through free and fair elections in a secure and peaceful environment,

Determined to continue, in the spirit of the Bonn Agreement, as a common endeavor of the Afghan people and the international community, the tasks of rebuilding and reforming the political, social and economic structures of Afghanistan, with the aim of creating lasting peace, stability and economic development, and with a view to offering all Afghans in an equitable manner tangible prospects for a brighter future,

Agree

that while the responsibility for providing security and enforcing law and order throughout the country resides with the Afghans themselves, the engagement of the International Security Assistance Force (ISAF), mandated by the UN-Security Council and now under the command of NATO, and Operation Enduring Freedom (OEF) - at the request and welcomed by the Afghan Government - will be continued until such time as the new Afghan security and armed forces are sufficiently constituted and operational,

that the international community is determined to assist further in the stabilization of the security situation throughout the country, in particular with the deployment of Provincial Reconstruction Teams (PRT), which also contribute to reconstruction and development efforts,

that it is necessary to implement vigorously the first phase of the Disarmament, Demobilization and Reintegration program to be completed by the end of June 2004 as decided by the President of Afghanistan, thereafter to intensify the program ahead of the 2004 elections, and to continue the formation of the Afghan National Army and the National Police,

that further efforts will be necessary for the full establishment of the rule of law and a functioning judicial system as enshrined in the Constitution,

that opium poppy cultivation, drug production and trafficking pose a serious threat to the rule of law and development in Afghanistan as well as to international security, and that therefore Afghanistan and the international community shall do everything - including the development of economic alternatives - to reduce and eventually eliminate this threat,

that the investment program presented in the report “Securing Afghanistan’s Future” outlines the substantial further assistance required to address Afghanistan’s long term reconstruction needs, and that the implementation of this program depends as much on the continued commitment of donors as on the Afghan Government’s success in achieving the ambitious targets it has set for itself.

that better predictability makes it desirable for the assistance to Afghanistan to be, if possible, in multi-year commitments and, with increasing absorption capacity for a growing share of this assistance to be channeled through the Afghan budget as direct budget support or as contributions to the Afghanistan Reconstruction Trust Fund (ARTF) and to the Law and Order Trust Fund (LOTFA), and that the Government of Afghanistan will continue to make every effort to enhance domestic revenue mobilization,

Strongly to endorse the Workplan put forward by the Government of Afghanistan and annexed herewith, to stress the importance of the reform steps and actions outlined therein, and to note Afghanistan’s determination to pursue this agenda,

that the international community’s assistance to Afghanistan will have a particular focus on supporting the implementation of this Workplan,

That all efforts to build a new Afghanistan shall also reflect the aspirations of the Civil Society that is taking root in the country and promote the participation of women according to their rights under the Constitution,

Welcome

the multiyear commitments made at the Conference for the reconstruction and development of Afghanistan totalling US$ 8.2 bn for the fiscal years 1383 – 1385 (March 2004 – March 2007), which includes a pledge of US$ 4.4 bn for 1383 (March 2004 – March 2005),

the commitment by NATO to expand ISAF's mission by establishing five additional Provincial Reconstruction Teams by summer 2004 and further PRTs thereafter, as well as the readiness of ISAF and OEF to assist in securing the conduct of elections,

the further steps made by Afghanistan and its neighbors to foster regional cooperation under the auspices of the Kabul Declaration on Good Neighbourly Relations from December 22, 2002, in particular, the Declaration on Counter-Narcotics annexed herewith as well as the planned Conference on Regional Police Cooperation to be held in Doha on May 18 and 19,

Reaffirm on this basis that

Afghanistan and the international community shall continue to sustain a lasting partnership for the future, which will allow Afghanistan to complete the transition process begun with the Bonn Agreement, to reflect the will of its people, rebuild Afghanistan and create a secure, peaceful and stable country fully restored to its rightful place in the international community of free nations.