Afghan Peace Accord (Islamabad Accord)

Country/entity
Afghanistan
Region
Europe and Eurasia
Agreement name
Afghan Peace Accord (Islamabad Accord)
Date
07/03/1993
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this resurgence of the Taliban, NATO leaders lacked the necessary support for the mission abroad, and NATO troops were withdrawn by the end of 2014.
Afghan Wars (1979 - ) )
Stage
Framework/substantive - partial (Multiple issues)
Conflict nature
Government
Peace process
1: 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.

Agreement document
AF_930307_AfghanPeaceAccord.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 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

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.

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.
Constitution's affirmation/renewal
No specific mention.
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
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.

Power sharing

Political power sharing
State level
Summary: State level power-sharing is provided for, see below.
Executive coalition
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.
Form of 'veto' or communal majority
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
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
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;
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
No specific mention.
Equality
No specific mention.
Democracy
No specific mention.
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
No specific mention.
Regional or international human rights institutions
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
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
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 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
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
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
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.

The University of Edinburgh