Doha Peace Negotiations Procedure

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Country/entity: Afghanistan
Region: Europe and Eurasia
Agreement name: Doha Peace Negotiations Procedure
Date: 14 Dec 2020
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate 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this resurgence of the Taliban, NATO leaders lacked the necessary support for the mission abroad, and NATO troops were withdrawn by the end of 2014.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: Pre-negotiation/process
Conflict nature: Government
Peace process: Afghanistan: 2000s Post-intervention process
Parties: Not signed, but external sources indicate that the agreement was produced by Taliban and the Government of Afghanistan
Third parties: United States of America, Qatar
Description: Representatives of the Government of Afghanistan and the Taliban met in Doha, Qatar, in 2020. The parties agreed to rules of procedures for subsequent negotiations.

Agreement document: AF_201214_Doha Peace Negotiations Procedure (opens in new tab) | Download PDF
Agreement document (original language): AF_201214_Doha Peace Negotiations Procedure [Dari] (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): 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): 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: No specific mention.
Public administration: No specific mention.
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: Rights related issues→Media and communication→Other
The two sides shall conduct the negotiations based on the following principles:
...
13. At the end of each meeting, the two sides shall agree on the text [readout] to be shared with the press to avoid creating incorrect understandings [misunderstandings]. The two sides should avoid irresponsible statements;
...
20. The media and other people who under various names want to enter the premise of talks should be kept away from the negotiations venue; and
Mobility/access: No specific mention.
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: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: Our country can be saved from dependencies, [and] direct and indirect interference by others when Islamic justice is safeguarded in the country.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
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: 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: 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: No specific mention.

The Rules of Procedure for Intra-Afghan Talks

Introduction

The credibility and honour of Afghanistan is bestowed by its Islamic identity and national unity.

Our country can be saved from dependencies, [and] direct and indirect interference by others when Islamic justice is safeguarded in the country.

The intra-Afghan negotiations which began on 12 September 2020 are based on the following four principles [asasat-e chahargana]:

A: The Doha agreement achieved on 29 February 2020;

B: The demand of the people of Afghanistan [for] durable peace;

C: The commitment of the two Afghan negotiating parties [taraf] to durable peace; and

D: The repeated demand of the UN [for] durable peace

The two sides shall conduct the negotiations based on the following principles:

1. The first session shall start with the recitation of verses from the kalamullah-e majid (Holy Quran);

2. The rest of the sessions shall begin and end with prayers;

3. No subject which is against the holy religion of Islam and the country’s supreme interests shall be included in the agenda;

4. The negotiations shall be held with the intention and will for success, with honesty and good faith and good atmosphere by the two sides;

5. During the negotiations, mutual respect and decorum of words [effat-e kalam] should be maintained to prevent further umbrage [kadurat] and an atmosphere of distrust;

6. Both sides shall listen to the speakers carefully and patiently during the negotiations. During negotiations superfluous statements [harfha-ye ezafi] shall be prevented [avoided];

7. If during the negotiations, an agreement is not achieved over an issue, it would be best for the issue to be assigned to a joint committee to provide alternatives or [and] other appropriate solutions or deferred for later discussion and agreement;

8. If a disagreement emerges about the interpretation of Sharia texts [nusus-e sharia] during the negotiations, a joint committee of the two negotiating teams shall decide about it;

9. On important issues, the balance between the need for more discussions and maintaining the pace of negotiations shall be taken into consideration;

10. Either side of the negotiations shall agree on the appointment of three katebs [notetakers] whom they trust to transcribe the negotiations’ proceedings;

11. The specified notetakers of each side shall write down the proceedings of the negotiations. At the end of the meeting, both sides compare their notes, and the text of decided points shall be consolidated and confirmed by the assigned committees of the two sides;

12. Heads of the two delegations shall be responsible for managing their members during negotiations;

13. At the end of each meeting, the two sides shall agree on the text [readout] to be shared with the press to avoid creating incorrect understandings [misunderstandings]. The two sides should avoid irresponsible statements;

14. If a delegation needs further consultations during the sessions, a break can be announced at the request of one of the two sides;

15. Breaks shall be announced for the five prayers;

16. The host and facilitator shall only have a host and facilitator role. The facilitator shall not be present in the negotiation sessions;

17. The agreed-upon subjects shall not be discussed and re-negotiated and shall become a part of the final agreement;

18. Keeping confidentiality of documents is very important, and the two sides should avoid disclosing any information that harms the negotiations (except for the issues that the two sides have agreed to publish);

19. Both sides shall have the responsibility to reject rumours spread by different sides about the negotiations that create doubts about the negotiations process or cause social and political problems;

20. The media and other people who under various names want to enter the premise of talks should be kept away from the negotiations venue; and

21. All documents of the intra-Afghan negotiations shall be written in Pashto and Dari, and the documents prepared in both languages shall be equally valid.