[Reader-list] Full text of (Bonn) Agreement on provisional arrangements in Afghanistan, including the ministerial list, presented by the German Foreign Office

[Harsh Kapoor]

Source: German Foreign Office
Published: 05.12.2001
URL: 
http://www.auswaertiges-amt.de/www/en/aussenpolitik/ausgabe_archiv?archiv_id=2437&type_id=2&bereich_id=11

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

to be completed
Chairman:	Hamid Karzai
  	 
Vice Chairmen:	 
Vice-Chair & Women's Affairs:	Dr. Sima Samar
Vice-Chair & Defence:.	Muhammad Qassem Fahim
Vice-Chair & Planning:	Haji Muhammad Mohaqqeq
Vice-Chair & Water and Electricity:	Shaker Kargar
Vice-Chair & Finance:	Hedayat Amin Arsala
  	 
Members:	 
Department of Foreign Affairs:	Dr. Abdullah Abdullah
Department of the Interior:	Muhammad Yunus Qanooni
Department of Commerce:	Seyyed Mustafa Kazemi
Department of Mines & Industries:	Muhammad Alem Razm
Department of Small Industries:.	Aref Noorzai
Department of Information & Culture:Š	Dr. Raheen Makhdoom
Department of Communication:	Ing. Abdul Rahim
Department of Labour & Social Affairs:	Mir Wais Sadeq
Department of Hajj & Auqaf:	Mohammad Hanif Hanif Balkhi
Department of Martyrs & Disabled:	Abdullah Wardak
Department of Education:	to be completed
Department of Higher Education:	Dr. Sharif Faez
Department of Public Health:..	Dr. Suhaila Seddiqi
Department of Public Works:	to be completed
Department of Rural Development:	Abdul Malik Anwar
Department of Urban Development:	Haji Abdul Qadir
Department of Reconstruction:	to be completed
Department of Transport:	Sultan Hamid Hamid
Department for the Return of Refugees:	Enayatullah Nazeri
Department of Agriculture:	Seyyed Hussein Anwari
Department of Irrigation:.	Haji Mangal Hussein
Department of Justice:	Abdul Rahim Karimi
Department of Air Transport & Tourism:	to be completed
Department of Border Affairs:	to be completed


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