Berlin Declaration (Berlin Conference)

Country/entity
Afghanistan
Region
Europe and Eurasia
Agreement name
Berlin Declaration (Berlin Conference)
Date
01/04/2004
Agreement status
Multiparty signed/agreed
Interim arrangement
No
Agreement/conflict level
Interstate/intrastate conflict(s) (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this resurgence of the Taliban, NATO leaders lacked the necessary support for the mission abroad, and NATO troops were withdrawn by the end of 2014.
Afghan Wars (1979 - ) )
Stage
Implementation/renegotiation (Addresses new or outstanding issues)
Conflict nature
Government
Peace process
2: Afghanistan: 2000s Post-intervention process
Parties
Not signed, but parties understood to include President Hamid Karzai of Afghanistan, and representatives of 65 donor countries and organizations.
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.

Agreement document
AF_040401_Berlin Declaration.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
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 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

State definition
No specific mention.

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
Constitution's 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
Constitutional reform/making
No specific mention.
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

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
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
Equality
Page 2, Untitled Preamble
...
Determined to continue...with a view to offering all Afghans in an equitable manner tangible prospects for a brighter future
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...
Protection measures
No specific mention.
Human rights framework
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.
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.
Mobility/access
No specific mention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
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.

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 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
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
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.

The University of Edinburgh