Afghan Peace Accord (Islamabad Accord)

  • Country/entity
    Afghanistan
  • Region
    Europe and Eurasia
  • Agreement name
    Afghan Peace Accord (Islamabad Accord)
  • Date
    7 Mar 1993
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Afghan Wars (1979 - ) )
  • Stage
    Framework/substantive - partial
  • Conflict nature
    Government
  • Peace process
    Afghanistan: 1990s Taliban process
  • Parties
    Prof. Burhan-ud-Din Rabbani, President of the Islamic State of Afghanistan, Jamiat-e-Islami; Moulvi Muhammad Nabi Muhammadi, Harkat-e-Inqilab-e-Islami; Pir Syed Ahmed Gaillani, Mahaz-e-Milli; Sheikh Asif Mohseni, Harkat-e-Islami; Engr Gulbadin Hikmatyar, Hizb-e-Islami; Prof. Sibghatullah Mujjadidi, Jabha-e-Nijat-e-Milli; Engineer Ahmed Shah, Ahmadzai Ittehad-e-Islami; Ayatullah Fazil,Hizb-e-Wahdat-e-Islami
  • Third parties
    -
  • Description
    This agreement is comprised of two annexes; the first concerns the formation of a government, national army, a ceasefire, constitution, holding of elections and other issues; the second provides for the division of powers between different Mujahideen parties.


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 2, Untitled Preamble
    ...
    Recognizing the urgency...of facilitating the return of all Afghan refugees

    Page 3, 6
    ...
    Effective steps shall be taken to facilitate the return of displaced persons to their respective homes and locations;
  • 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 5, Division of Powers, Preamble
    The President of the Islamic State of Afghanistan is the Head of the State and symbol of unity and solidarity of the country and shall guide the affairs of the State in accordance with Islamic laws and the principles laid down in the Holy Quran and Sunnah.

    Page 5, Division of Powers, Preamble, VI
    The President shall have the following powers and duties:
    ...
    (f) Consolidating national unity and upholding the independence, neutrality and the Islamic character of Afghanistan and the interests of all its citizens.

    Page 6, Division of Powers, Preamble, VII
    The Prime Minister and his Cabinet shall have the following duties and powers:
    ...
    (f) Drafting and supervising implementation of the socio-economic and educational plans of the country with a view to establishing a self-reliant Islamic Welfare State.
  • 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)→Temporary new institutions
    Page 2, 1
    All the parties and groups concerned have agreed as follows:
    To the formation of a Government for a period of 18 months in which President Burhanuddin Rabbani would remain President and Eng. Gulbadin Hikrnatyar or his nominee would assume the office of Prime Minister. The powers of the President and Prime Minister and his cabinet which have been formulated through mutual consultations will form part of this Accord and is annexed

    Page 3, 2
    The Cabinet shall be formed by the Prime Minister in consultations with the President, and leaders of Mujahideen Parties within two weeks of the signing of this Accord;

    Page 5, Division of Powers, Preamble, I
    The Prime Minister shall form the Cabinet in consultation with the President and present the same to the President, who shall formally announce the Cabinet and take its oath. The Cabinet shall operate as a team under the leadership of the Prime Minister and shall work on the principle of collective responsibility.
  • Elections
    Page 3, 3
    The following electoral process is agreed for implementation in a period of not more than 18 months with effect from 29 December 1992:
    (a) The immediate formation of an independent Election Commission by all parties with full powers; (b) The Election Commission shall be mandated to hold elections for a Grand Constituent Assembly within eight months from the date of signature of this Accord
  • Electoral commission
    Page 3, 3
    The following electoral process is agreed for implementation in a period of not more than 18 months with effect from 29 December 1992:
    (a) The immediate formation of an independent Election Commission by all parties with full powers; (b) The Election Commission shall be mandated to hold elections for a Grand Constituent Assembly within eight months from the date of signature of this Accord
  • Political parties reform

    No specific mention.

  • Civil society

    No specific mention.

  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution
    Governance→Constitution→Constitutional reform/making
    Page 3, 2
    ...
    (c) The duly elected Grant Constituent Assembly shall formulate a Constitution under which general elections for the President and the Parliament shall be held within the prescribed period of 18 months mentioned above

Power sharing

  • Political power sharing
    Power sharing→Political power sharing→Executive coalition
    State level
    Page 2-3, All the parties and groups concerned have agreed as follows:
    1. To the formation of a Government for a period of 18 months in which
    President Burhanuddin Rabbani would remain President and
    Eng. Gulbadin Hikmatyar or his nominee would assume the office of Prime
    Minister. The powers of the President and Prime Minister and his cabinet which
    have been formulated through mutual consultations will form part of this Accord
    and is annexed;

    2. The Cabinet shall be formed by the Prime Minister in consultations
    with the President, and leaders of Mujahideen Parties within two weeks of the
    signing of this Accord;

    Page 5, Annex II, Division of Powers

    I. The Prime Minister shall form the Cabinet in consultation with the President and present the same to the President, who shall formally announce the Cabinet and take its oath. The Cabinet shall operate as a team under the leadership of the Prime Minister and shall work on the principle of collective responsibility.
    Power sharing→Political power sharing→Form of 'veto' or communal majority
    State level
    Page 5, Annex II, Division of Powers,
    I.. . . . The Cabinet shall operate as a team under the leadership of the Prime Minister and shall work on the principle of collective responsibility.

    II. The Prime Minister and the Cabinet shall regularly act in close consultation with the President on all important issues.

    III. The President and the Prime Minister shall act in consultation with each other and shall try to resolve differences, if any, through mutual discussion. In case any issue remains unresolved, it should be decided by a reference to a joint meeting of the President and the Cabinet.

    IV. All major policy decisions shall be made in the Cabinet, to be presided over by the Prime Minister. Ministers, Deputy Ministers and Ministers of State would be individually and collectively responsible for the decisions of the Government.

    V. The formal appointment of the Chiefs of the Armed Forces shall be made in accordance with the existing practice and after mutual consultation.
  • Territorial power sharing

    No specific mention.

  • Economic power sharing
    Power sharing→Economic power sharing→Other
    Page 3,
    7. An All Party Committee shall be constituted to supervise control over the monetary system and currency regulations to keep it in conformity with
    existing Afghan banking laws and regulations;
  • Military power sharing
    Power sharing→Military power sharing→Merger of forces
    4. A Defence Council comprising two members from each party will be set up to, inter alia,

    (a) Enable the formation of a national Army;
    Power sharing→Military power sharing→Proportionality
    Page 3,

    4. A Defence Council comprising two members from each party will be set up to, inter alia,

    Page 4, 9
    A Joint Commission comprising representatives of the Organization of the Islamic Conference and of all Afghan parties shall be formed to monitor the cease-fire and cessation of hostilities.

    (a) Enable the formation of a national Army;

    (b) Take possession of heavy weapons from all parties and sources which may be removed from Kabul and other cities and kept out of range to ensure the security of the Capital;

    (C) Ensure that all roads in Afghanistan are kept open for normal use;

    (d) Ensure that State funds shall not be used to finance private armies or armed retainers;

    (e) Ensure that operational control of the armed forces shall be with the Defence Council;

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 3, 4
    A Defence Council comprising two members from each party will be set up to, inter alia,
    ...
    (c) Ensure that all roads in Afghanistan are kept open for normal use
  • Protection measures

    No specific mention.

  • 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
    Page 5, Division of Powers, Powers of the President, VI
    The President shall have the following powers and duties:
    ...
    (b) Appointment and retirement of judges of the Supreme Court, the Chief Justices, in consultation with the Prime Minister and in accordance with the provisions of the laws.

    Page 7, Division of Powers, Power of the Prime Minister, VII
    The Prime Minister and his Cabinet shall have the following duties and powers:
    ...
    (h)... to ensure administration of justice through an independent and impartial judiciary.
  • Prisons and detention

    No specific mention.

  • Traditional Laws
    Page 5, Division of Powers, Powers of the President, VI
    The President shall have the following powers and duties:
    ...
    (g) Commuting and pardoning of sentences according to the Shariah and the provisions of law.

Socio-economic reconstruction

  • Development or socio-economic reconstruction
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 2, Untitled Preamble
    ...
    Recognizing the urgency of rehabilitation and reconstruction of Afghanistan

    Page 6, Division of Powers, Power of the Prime Minister, VII
    The Prime Minister and his Cabinet shall have the following duties and powers:
    ...
    (e) Preparing and controlling the State budget and adopting measures to mobilize resources to reconstruct the economy...
    (f) Drafting and supervising implementation of the socio-economic and educational plans of the country with a view to establishing a self-reliant Islamic Welfare State.
  • 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
    Socio-economic reconstruction→Banks→Central bank
    Page 3, 7
    An All Party Committee shall be constituted to supervise control over the monetary system and currency regulations to keep it in conformity with existing Afghan banking laws and regulations;

    Page 6, Division of Powers, Powers of the President, VI
    The President shall have the following powers and duties:
    ...
    (l) Granting formal permission to print money.

    Page 6, Division of Powers, Powers of the Prime Minister, VII
    The Prime Minister and his Cabinet shall have the following duties and powers:
    ...
    (e) Preparing and controlling the State budget and adopting measures to mobilize resources to reconstruct the economy and establish a viable and stable monetary, financial and fiscal system.

Land, property and environment

  • Land reform/rights
    Land, property and environment→Land reform/rights→Property return and restitution
    Page 3, 6
    All public and private buildings, residential areas and properties occupied by different armed groups during the hostilities shall be returned to their original owners.
  • 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 3, 4
    A Defence Council comprising two members from each party will be set up to, inter alia,
    ...
    (b) Take possession of heavy weapons from all parties and sources which may be removed from Kabul and other cities and kept out of range to ensure the security of the Capital; (c) Ensure that all roads in Afghanistan are kept open for normal use;

    Page 7, Division of Powers, Powers of the Prime Minister, VII
    The Prime Minister and his Cabinet shall have the following duties and powers:
    ...
    (h) Adopting measures to ensure public order, peace, security and Islamic morality...
  • Ceasefire
    Security sector→Ceasefire→Ceasefire provision
    Page 2, Untitled Preamble
    ...
    Having agreed to bringing armed hostilities to an end...

    Page 3, 8
    A cease-fire shall come into force with immediate effect. After the formation of the Cabinet, there shall be permanent cessation of hostilities;

    Page 4, 9
    A Joint Commission comprising representatives of the Organization of the Islamic Conference and of all Afghan parties shall be formed to monitor the cease-fire and cessation of hostilities.
  • Police

    No specific mention.

  • Armed forces
    Page 3, 4
    A Defence Council comprising two members from each party will be set up to, inter alia, (a) Enable the formation of a national Army;
    ...
    (e) Ensure that operational control of the armed forces shall be with the Defence Council;

    Page 5, Division of Power, Preamble, V
    The formal appointment of the Chiefs of the Armed Forces shall be made in accordance with the existing practice and after mutual consultation.

    Page 5, Division of Powers, Powers of the President, VI
    The President shall have the following powers and duties:
    ...
    (c) Supreme Command of the Armed Forces of the country in the light of the objectives and structure of the Armed Forces of Afghanistan.
  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces
    Page 3, 4
    A Defence Council comprising two members from each party will be set up to, inter alia,
    ...
    (d) Ensure that State funds shall not be used to finance private armies or armed retainers;
  • 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
    Page 3, 5
    There shall be immediate and unconditional release of all Afghan detainees held by the Government and different parties during the armed hostilities;
  • 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
    UN Peacemaker
    http://peacemaker.un.org/
    http://peacemaker.un.org/node/643

Afghan Peace Accord

Given our submission to the will of Allah Almighty and commitment to seeking guidance from the Holy Quran and Sunnah,

Recalling the glorious success of the epic Jehad waged by the valiant Afghan people against foreign occupation,

Desirous of ensuring that the fruits of this glorious Jehad bring peace, progress and prosperity for the Afghan people,

Having agreed to bringing armed hostilities to an end,

Recognizing the need for a broad-based Islamic Government in which all parties and groups representing all segments of Muslim Afghan society are represented so that the process of political transition can be advanced in an atmosphere of peace, harmony and stability,

Committeg to the preservation of unity, sovereignty and territorial integrity of Afghanistan,

Recognizing the urgency of rehabilitation and reconstruction of Afghanistan and of facilitating the return of all Afghan refugees,

Committed to promoting peace and security in the region,

Responding to the call of Khadim Al-Harmain Al-Sharifain His Majesty King Fahd Bin Abdul Aziz to resolve the differences among Afghan brothers through a peaceful dialogue,

Appreciating the constructive role of good offices of Mr. Muhammad Nawaz Sharif, Prime Minister of the Islamic Republic of Pakistan and his sincere efforts to promote peace and conciliation in Afghanistan,

Recognizing the positive support for these efforts extended by the Governments of the Kingdom of Saudi Arabia and the Islamic Republic of Iran, who have sent their Special Envoys for the conciliation talks in Islamabad,

Having undertaken intensive intra-Afghan consultati ons separately and jointly to consolidate the gains of the glorious Jehad,

All th parties and groups concerned have agreed as follows:

1. To the formation of a Government for a period of 18 months in which President Burhanuddin Rabbani would remain President and Eng.

Gulbadin Hikrnatyar or his nominee would assume the office of Prime Minister.

The powers of the President and Prime Minister and his cabinet which have been formulated through mutual consultations will form part of this Accord and is annexed;

2. The Cabinet shall be formed by the Prime Minister in consultations with the President, and leaders of Mujahideen Parties within two weeks of the signing of this Accord;

3. The following electoral process is agreed for implementation in a period of not more than 18 months with effect from 29 December 1992:

(a) The immediate formation of an indepe:-ident Election Commission by all parties with full powers;

4. The Election Commission shall be mandated to hold elections for a Grand Constituent Assembly within eight months from the date of signature o f this Accord;

5. The duly elected Grant Constituent Assembly shall formulate a Constitution under which general elections for the President and the Parliament shall be held within the prescribed period of 18 months mentioned above;

6. A Defence Council comprising two members from each party will be set up to, inter alia,

Enable the formation of a national Army;

Take possession of heavy weapons from all parties and sources which may be rernoved from Kabul and other cities and kept out of range to ensure the security of the Capital;

Ensure that all roads in Afghanistan are kept open for normal use;

Ensure that State funds shall not be used to finance private armies or armed retainers;

Ensure that operational control of the armed forces shall be with the Defence Council;

7. There shall be immediate and unconditional release of all Afghan detainees held by the Government and different parties during the armed hostilities;

8. All public and private build ings, residential areas and properties occupied by different armed groups during the hostilities shall be returned to their original owners.

Effective steps shall be taken to facilitate the return of displaced persons to their respective homes and locations;

9. An All Party Committee shall be constituted to supervise control over the monetary system and currency regulations to keep it in conformity with existing Afghan banking laws and regulations;

10. A cease-fire shall come into force wi.th immediate effect.

After the formation of the Cablnet, there shall be permanent cessation of hostilities;

11. A Joint Commission comprising representatives of the Organization of the Islamic Conference and of all Afghan parties shall be formed to monitor the cease-fire and cessation of hostilities.

12. In confirmation of the above Accord, the following have affixed their signatures hereunder, on Sunday, 7 March 1993 in Islamabad, Pakistan.

(Signed)

Prof. Burhan-ud-Din Rabbani Jamiat-e-Islami

President of the Islamic State of Afghanistan

(Signed)

Moulvi Muhammad Nabi Muhammadi Harkat-e-Inqilab-e-Islami

(Signed)

Engr Gulbadin Hikmatyar Hizb-e-Islami

(Signed)

With my reservation to the President time.

Prof. Sibghatullah Mujjadidi Jabha-e-Nijat-e-Milli

(Signed)

Pir Syed Ahmed Gaillani Mahaz-e-Milli

Sheikh Asif Mohseni Harkat-e-Islami

(Signed)

With my reservation to the President time.

Engineer Ahmed Shah Ahmadzai Ittehad-e-Islami

(Signed) Ayatullah Fazil

Hizb-e-Wahdat-e-Islami

Annex II Division of Powers

Preamble

The President of the Islamic State of Afghanistan is the Head of the State and symbol of unity and solidarity of the country and shall guide the affairs of the State in accordance with Islamic laws and the principles laid down in the Holy Quran and Sunnah.

1. The Prime Minister shall form the Cabinet in consultation with the President and present the same to the President, who shall formally announce the Cabinet and take its oath.

The Cabinet shall operate as a team under the leadership of the Prime Minister and shall work on the principle of collective responsibility.

2. The Prime Minister and the Cabinet shall regularly act in close consultation with the President on all important issues.

3. The President and the Prime Minister shall act in consultation with each other and shall try to resolve differences, if any, through mutual discussion.

In case any issue remains unresolved, it should be decided by a reference to a joint meeting of the President and the Cabinet.

4. All major policy decisions shall be made in the Cabinet, to be presided over by the Prime Minister.

Ministers, Deputy Ministers and Ministers of State would be individually and collectively responsible for the decisions of the Government.

5. The formal appointment of the Chiefs of the Armed Forces shall be made in accordance with the existing practice and after mutual consultation.

Powers of the President

1. The President shall have the following powers and duties:

Appointment of Vice-President of the Islamic State of Afghanistan.

Appointment and retirement of judges of the Supreme Court, the Chief Justices, in consultation with the Prime Minister and in accordance with the provisions of the laws.

Supreme Command of the Armed Forces of the country in the light of the objectives and structure of the Armed Forces of Afghanistan.

Declaring war and peace on the advice of the Cabinet or the Parliament.

Convening and inaugurating the Parliament according to Rules.

Consolidating national unity and upholding the independence, neutrality and the Islamic character of Afghanistan and the interests of all its citizens.

Commuting and pardoning of sentences according to the Shariah and the provisions of law.

Accrediting heads of Afghanistan' s diplomatic missions in foreign States, appointing Afghanistan's permanent representatives to international organizations according to the normal diplomatic procedures and accepting the letters of credence of foreign diplomatic representatives.

Signing laws and ordinances and granting credentials for the conclusion and signing of international treaties in accordance with the provisions of law.

The President may, at his discretion, delegate any of his powers to the Vice-President, or to the Prime Minister.

In the event of the death or resignation of the President, the presidential functions shall be automatically entrusted to the Vice-President, who shall deputize till the new President is elected under the Constitution.

Granting formal permission to print money.

The President may call an extraordinary meeting of the Cabinet on issues of vital national significance which do not fall in the routine governance of the country.

Power of the Prime Minister

1. The Prime Minister and his Cabinet shall have the following duties and powers :

Formulation and implementation of the country's domestic and foreign policies in accordance with the provisions and spirit of this Accord and the provisions of law.

Administering, coordinating and supervising the affairs of the ministries, and other departments and public bodies and institutions.

Rendering executive and administrative decisions in accordance with laws and supervising their implementation.

Drafting of laws and formulating rules and regulations.

Preparing and controlling the State budget and adopting measures to mobilize resources to reconstruct the economy and establish a viable and stable monetary, financial and fiscal system.

Drafting and supervising implementation of the socio-economic and educational plans of the country with a view to establishing a self-reliant Islamic Welfare State.

Protecting and promoting the objectives and interests of Afghanistan in the world community and discussing and negotiating foreign treaties, protocols, international agreements and financial arrangements.

Adopting measures to ensure public order, peace, security and Islamic morality and to ensure administration of justice through an independent and impartial judiciary.

In confirmation of the above Accord, the following have affixed their signatures hereunder, on Sunday, 7 March 1993 in Islamabad, Pakistan.

(Signed)

Prof. Burhan-ud-Din Rabbani Jamiat-e-Islami

President of the Islamic State of Afghanistan

(Signed)

Moulvi Muhammad Nabi Muhammadi Harkat-e-Inqilab-e-Islami

(Signed)

Engr Gulbadin Hikmatyar Hizb-e-Islami

(Signed)

With my reservation about the President time.

Prof. Sibghatullah Mujjadidi Jabha-e-Nijat-e-Milli

(Signed)

Pir Syed Ahmed Gaillani Mahaz-e-Milli

(Signed) Engineer Ahmed Shah

Ahmadzai Ittehad-e-Islami

Sheikh Asif Mohseni Harkat-e-Islami

(Signed) Ayatullah Fazil

Hizb-e-Wahdat-e-Islami