Taliban MoU with department of Helmand on education

Country/entity
Afghanistan
Region
Europe and Eurasia
Agreement name
Taliban MoU with department of Helmand on education
Date
14/02/2018
Agreement status
Multiparty signed/agreed
Interim arrangement
No
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this resurgence of the Taliban, NATO leaders lacked the necessary support for the mission abroad, and NATO troops were withdrawn by the end of 2014.
Afghan Wars (1979 - ) )
Stage
Other
Conflict nature
Other
Peace process
168: Afghanistan Islamic-Emirates-intra-Afghan
This process involved representatives to The Islamic Emirate (Taliban), and other civilian and armed actors in Afghanistan. It overlaps with the official peace process, and often involved agreements at a local level.
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 []

Agreement document (original language)
AF_180214_Taliban MoU with department of Helmand on education (retrieved from Twitter 14.2.18).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

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.

Governance

Political institutions (new or reformed)
No specific mention.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
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.

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
No specific mention.
Equality
No specific mention.
Democracy
No specific mention.
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.
Human rights framework
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
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.
Detention procedures
No specific mention.
Media and communication
No specific mention.
Citizenship
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 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
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
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.

The University of Edinburgh