Taliban MoU with department of Helmand on education

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Country/entity: Afghanistan
Region: Europe and Eurasia
Agreement name: Taliban MoU with department of Helmand on education
Date: 14 Feb 2018
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/local conflict
Afghan Wars (1979 - )
The agreements are drawn from two distinct conflict periods. Post Soviet-intervention period. First, after an uprising against the communist government, the Soviet Union invaded Afghanistan in December 1979 and set up a puppet government. Fierce resistance came in on the form of domestic and foreign Mujahidin fighters who, by 1988, forced the Soviet Union to withdraw. The Communist government that remained was defeated in 1992 against a background of violence, which spiralled into a tumultuous multi-party civil war with a strong tribal basis. In 1993 a peace accord was signed, but by 1994 the conflict realigned itself as the Islamic-based Taliban emerged from the refugee camps, eventually occupying the capital city of Kabul in September 1996 spurring groups that had militantly opposed the communist government to unite in opposition to the Taliban.

Post US-intervention period. After the terror attacks on September 11, 2001, the United States invaded Afghanistan and removed the Taliban from power. In December 2001, the UNSC mandated the International Security Assistance Force (ISAF) to assist Afghanistan’s interim authorities. In 2003 ISAF command was placed under NATO’s responsibility. Within three years, however, the Taliban managed to re-group and re-structure and launched intense resistance to the internationally-recognized Afghanistan government and NATO support troops. Despite this resurgence of the Taliban, NATO leaders lacked the necessary support for the mission abroad, and NATO troops were withdrawn by the end of 2014.
Stage: Other
Conflict nature: Other
Peace process: Afghanistan Islamic-Emirates-intra-Afghan
Parties: - Taliban Representative of Education Commission of the Islamic Emirate of Afghanistan

- Education Representative of Helmand Province

(see original language document for signatories)
Third parties: -
Description: A ten point agreement advocating for the importance of education, schools and religious centres as national assets. The agreement provides for further development and reconstruction of schools and religious centres and sets out district level monitoring mechanisms to ensure schools reopen and are protected. The agreement also provides for delivery of educational materials and establishes punitive measures for civilian or military officials who obstruct the programme, as well as measures to freeze salaries of teachers or headteachers who do not carry out their duties.

Agreement document: AF_180214_Taliban MoU with department of Helmand on education.pdf (opens in new tab) | Download PDF
Agreement document (original language): AF_180214_Taliban MoU with department of Helmand on education (retrieved from Twitter 14.2.18).pdf (opens in new tab)| Download PDF

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: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 1, Article 1:
Schools, religious centers, other educational buildings and administrative facilities are assets and national values, and the protection of these assets is the duty of the Islamic Emirates of Afghanistan. The Emirates will work, day and night to develop and promote the importance of teaching and education.
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): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: Page 1, Article 1:
Schools, religious centers, other educational buildings and administrative facilities are assets and national values, and the protection of these assets is the duty of the Islamic Emirates of Afghanistan. The Emirates will work, day and night to develop and promote the importance of teaching and education. During preaching hours, at mosques, the Imams (Mullah or Head of the Mosque) will be responsible for highlighting the importance of education.
Public administration: Page 1, Article 2:
The Education Directorate should dispatch inspectors, supervisors and other educational officials to the relevant districts; the Emirates is obligated to protect them.

Page 1, Article 3:
Regional and central staff and officials of the Ministry of Education can confidently travel and monitor the areas under the control of the Islamic Emirates of Afghanistan, but representatives traveling from the capital should inform the relevant local [educational] authorities before they travel.

Page 1, Article 6:
Local [education] authorities are responsible for establishing additional centers or classes in areas where people do not have access to education.

Page 1, Article 7:
The Emirates assures you that all the seized properties of the Ministry of Education will be liberated from usurpers and given back to you. However, the Ministry representatives must [in advance] prepare and bring the original and certified blueprints (maps) of the properties.
Constitution: No specific mention.

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: No specific mention.
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: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 1, Article 2:
The Education Directorate should dispatch inspectors, supervisors and other educational officials to the relevant districts; the Emirates is obligated to protect them.

Page 1, Article 3:
Regional and central staff and officials of the Ministry of Education can confidently travel and monitor the areas under the control of the Islamic Emirates of Afghanistan, but representatives traveling from the capital should inform the relevant local [educational] authorities before they travel.
Protection measures: Rights related issues→Protection measures→Protection of civilians
Page 1, Article 2:
The Education Directorate should dispatch inspectors, supervisors and other educational officials to the relevant districts; the Emirates is obligated to protect them.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
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: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: Page 1, Article 5:
The Ministry of Education staff will start reopening closed schools and Islamic centers from today. Any civilian or military official that tries to obstruct this process will be identified and punished according to the Sharia law (Islamic Law).

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 1, Article 1:
Schools, religious centers, other educational buildings and administrative facilities are assets and national values, and the protection of these assets is the duty of the Islamic Emirates of Afghanistan. The Emirates will work, day and night to develop and promote the importance of teaching and education. During preaching hours, at mosques, the Imams (Mullah or Head of the Mosque) will be responsible for highlighting the importance of education.

Page 1, Article 2:
The Education Directorate should dispatch inspectors, supervisors and other educational officials to the relevant districts; the Emirates is obligated to protect them.

Page 1, Article 3:
Regional and central staff and officials of the Ministry of Education can confidently travel and monitor the areas under the control of the Islamic Emirates of Afghanistan, but representatives traveling from the capital should inform the relevant local [educational] authorities before they travel.

Page 1, Article 4:
The Ministry of Education and its departments can carry out any construction work related to schools or religious centers and no military or non-military members of the Islamic Emirates will interfere.

Page 1, Article 5:
The Ministry of Education staff will start reopening closed schools and Islamic centers from today. Any civilian or military official that tries to obstruct this process will be identified and punished according to the Sharia law (Islamic Law).

Page 1, Article 6:
Local [education] authorities are responsible for establishing additional centers or classes in areas where people do not have access to education.

Page 1, Article 7:
The Emirates assures you that all the seized properties of the Ministry of Education will be liberated from usurpers and given back to you. However, the Ministry representatives must [in advance] prepare and bring the original and certified blueprints (maps) of the properties.

Page 1, Article 8:
All Textbooks, stationary and other aid packages for schools and religious centers that are provided by partner organizations will be responsibly delivered. The Emirates should be notified immediately should any problem arises in this regard.

Page 1, Article 9:
The parties will convene regular management meetings to address all the problems and obstacles of education, and the representatives of education can share their feelings and problems without any worry or fear.

Page 1, Article 10:
Teachers/headteachers and managers who do not come to work due to negligence, will be marked as absent and their salaries will be deducted so that we can make them adhere to their duties.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: Land, property and environment→Land reform/rights→Property return and restitution
Page 1, Article 7:
The Emirates assures you that all the seized properties of the Ministry of Education will be liberated from usurpers and given back to you. However, the Ministry representatives must [in advance] prepare and bring the original and certified blueprints (maps) of the properties.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: Land, property and environment→Cultural heritage→Promotion
Page 1, Article 1:
Schools, religious centers, other educational buildings and administrative facilities are assets and national values, and the protection of these assets is the duty of the Islamic Emirates of Afghanistan. The Emirates will work, day and night to develop and promote the importance of teaching and education . During preaching hours, at mosques, the Imams (Mullah or Head of the Mosque) will be responsible for highlighting the importance of education .

Page 1, Article 2:
The Education Directorate should dispatch inspectors, supervisors and other educational officials to the relevant districts; the Emirates is obligated to protect them.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
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: No specific mention.
Terrorism: No specific mention.

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: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: https://mobile.twitter.com/pajhwok/status/963412179629338624?lang=bg (Accessed on 13/6/2022)

Islamic Emirates of Afghanistan

Education Commission

Representatives of the Education Commission of the Islamic Emirate of Afghanistan and the education representative of Helmand Province have come to an agreement on the following points - both sides agree that:

Article 1:

Schools, religious centers, other educational buildings and administrative facilities are assets and national values, and the protection of these assets is the duty of the Islamic Emirates of Afghanistan.

The Emirates will work, day and night to develop and promote the importance of teaching and education.

During preaching hours, at mosques, the Imams (Mullah or Head of the Mosque) will be responsible for highlighting the importance of education.

Article 2:

The Education Directorate should dispatch inspectors, supervisors and other educational officials to the relevant districts;

the Emirates is obligated to protect them.

Article 3:

Regional and central staff and officials of the Ministry of Education can confidently travel and monitor the areas under the control of the Islamic Emirates of Afghanistan, but representatives traveling from the capital should inform the relevant local [educational] authorities before they travel.

Article 4:

The Ministry of Education and its departments can carry out any construction work related to schools or religious centers and no military or non-military members of the Islamic Emirates will interfere.

Article 5:

The Ministry of Education staff will start reopening closed schools and Islamic centers from today.

Any civilian or military official that tries to obstruct this process will be identified and punished according to the Sharia law (Islamic Law).

Article 6:

Local [education] authorities are responsible for establishing additional centers or classes in areas where people do not have access to education.

Article 7:

The Emirates assures you that all the seized properties of the Ministry of Education will be liberated from usurpers and given back to you.

However, the Ministry representatives must [in advance] prepare and bring the original and certified blueprints (maps) of the properties.

Article 8:

All Textbooks, stationary and other aid packages for schools and religious centers that are provided by partner organizations will be responsibly delivered.

The Emirates should be notified immediately should any problem arises in this regard.

Article 9:

The parties will convene regular management meetings to address all the problems and obstacles of education, and the representatives of education can share their feelings and problems without any worry or fear.

Article 10:

Teachers/headteachers and managers who do not come to work due to negligence, will be marked as absent and their salaries will be deducted so that we can make them adhere to their duties.

The above ten points are approved and enforced after much discussion and each party will execute them with complete sincerity.

*Signatures not legible*