The Resolution Adopted at the Conclusion of the National Consultative Peace Jirga

Country/entity
Afghanistan
Region
Europe and Eurasia
Agreement name
The Resolution Adopted at the Conclusion of the National Consultative Peace Jirga
Date
06/06/2010
Agreement status
Multiparty signed/agreed
Interim arrangement
No
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this resurgence of the Taliban, NATO leaders lacked the necessary support for the mission abroad, and NATO troops were withdrawn by the end of 2014.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
Pre-negotiation/process (Mixed)
Conflict nature
Government
Peace process
2: Afghanistan: 2000s Post-intervention process
Parties
Not signed, agreement mentions the following parties as having produced it: The National Consultative Peace Jirga (NCPJ) participated by 1,600 delegates...including from both Houses of the Parliament, Provincial Councils, religious scholars, tribal leaders, civil society organizations, Afghan refugees residing in Iran and Pakistan
Third parties
Description
This short resolution was adopted by the National Consultative Peace Jirga. The agreement contains declarations which lay out the principles and a framework for potential talks between the government of Afghanistan, international actors, and opposition groups, referred to as 'the Disaffected'.

Agreement document
AF_100606_Conclusion of the National Consultative Peace Jirga.pdf []

Groups

Children/youth
Rhetorical
Page 3, Framework for Talks with the Disaffected, 8
...
People of Afghanistan demand a just peace which can guarantee the rights of its all citizens including women and children.

Page 4, Developing Mechanism for Negotiation with the Disaffected, 12
We, the participants of the Jirga commit ourselves to act as messengers of peace and take the message of the Jirga to our communities and our people in our areas and to cooperate with the local authorities, tribal elders, youth and the women for the objective of ensuring peace.
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
No specific mention.
Religious groups
Rhetorical
Page 1, Untitled Preamble
...
We recognize and thank the Muslim people of Afghanistan for the resilience, tolerance, patience and sacrifices they have made for a sustainable peace and public prosperity.

Page 3, Framework for Talks with the Disaffected, 10
We, the participants of the Jirga call upon our Muslim nation to join hands with the Government to bring an end to the current insecurity and instability and help make the process a success.
Substantive
Page 2, Understanding, Negotiation and Agreement for Sustainable Peace, 7
...
building capacity for Islamic and general education should be placed as top government programs.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
Other
Page 1, Untitled Preamble
The National Consultative Peace Jirga (NCPJ) participated by 1,600 delegates representing the suffering nation of Afghanistan from all walks of life including
...
Afghan refugees residing in Iran and Pakistan
Social class
No specific mention.

Gender

Women, girls and gender
Page 3, Framework for Talks with the Disaffected, 8
We call upon the government of Afghanistan and the international troops stationed in the country:
...
People of Afghanistan demand a just peace which can guarantee the rights of its all citizens including women and children. For the purpose of social justice, the Jirga urges that laws be applied equally on all citizens of the country

Page 4, Developing Mechanism for Negotiation with the Disaffected, 12
We, the participants of the Jirga commit ourselves to act as messengers of peace and take the message of the Jirga to our communities and our people in our areas and to cooperate with the local authorities, tribal elders, youth and the women for the objective of ensuring peace.
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
No specific mention.

State definition

State definition
No specific mention.

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
Page 1, Untitled Preamble
The National Consultative Peace Jirga (NCPJ) participated by 1,600 delegates representing the suffering nation of Afghanistan from all walks of life including
...
civil society organizations
Traditional/religious leaders
Page 1, Untitled Preamble
The National Consultative Peace Jirga (NCPJ) participated by 1,600 delegates representing the suffering nation of Afghanistan from all walks of life including
...
religious scholars, tribal leaders

Page 2, Understanding, Negotiation and Agreement for Sustainable Peace, 4
We, the participants seriously request that the aspiration of the people and of the Jirga members and their decisions be respected and put to practice, any action otherwise would be a major harm to the traditional value of the Jirga.

Page 3, Framework for Talks with the Disaffected, 9
we the participants of the Jirga call on scholars and clerics in mosques and the mass media including audio visual and print to fulfill their duties in promoting peace and preaching against violence

Page 4, Developing Mechanism for Negotiation with the Disaffected, 11
...
The Commission would create by the passage of time its local offices at district and provincial levels and would be represented by different people including
...
religious scholars, tribal elders,

Page 4, Developing Mechanism for Negotiation with the Disaffected, 12
We, the participants of the Jirga commit ourselves to act as messengers of peace and take the message of the Jirga to our communities and our people in our areas and to cooperate with the local authorities, tribal elders, youth and the women for the objective of ensuring peace.
Public administration
No specific mention.

Power sharing

Political power sharing
State level
Summary: Limited state level power sharing is provided for in the form of a high Peace Council or Commission intended to follow up the recommendations made by the Jirga, see below.
Sub-state level
Summary: The Limited state level power-sharing in the High Peace Council is to have specific local offices with diverse representations, see below.
Other
Page 4, Developing Mechanism for Negotiation with the Disaffected

11. A high Peace Council or Commission should be created to follow up on the recommendations made by the Jirga and the Peace Process. The Commission would create by the passage of time its local offices at district and provincial levels and would be represented by different people including our patriotic brothers and sisters, religious scholars, tribal elders, a representative from each House of the parliament, and a person to represent the militants who have given up violence. The Commission shall form a special committee to handle the issues related to the release and return to normal life of the prisoners.
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 3, Framework for Talks with the Disaffected, 8
...
People of Afghanistan demand a just peace which can guarantee the rights of its all citizens including women and children.
Equality
Page 3, Framework for Talks with the Disaffected, 8
...
For the purpose of social justice, the Jirga urges that laws be applied equally on all citizens of the country.
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
No specific mention.
Detention procedures
No specific mention.
Media and communication
Media roles
Page 3, Framework for Talks with the Disaffected, 9
we the participants of the Jirga call on scholars and clerics in mosques and the mass media including audio visual and print to fulfill their duties in promoting peace and preaching against violence
Citizenship
Citizen, general
Page 1, Untitled Preamble
...
Recognizing our religious and national obligations and the need for peace as a vital and righteous demand of every Afghan citizen, we, the participants of the NCPJ fully support President Hamid Karzai’s commitment and initiative to consult the nation to reach through peaceful means to a lasting peace and end to the conflict and bloodshed.

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
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
Socio-economic development
Page 2, Understanding, Negotiation and Agreement for Sustainable Peace, 7
Providing for investment that can lead to economic, human resources and infrastructure development aimed at creating employment, poverty reduction and building capacity for Islamic and general education should be placed as top government programs.
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
Page 1, Untitled Preamble
...
The People of Afghanistan highly value the support by the international community and the United States in particular and for their help to rebuild our state institutions and infrastructure and call for their continued effective and institutional support and assistance. We express our gratitude for the sincere efforts by the Muslim countries especially by Saudi King (the Custodian of the Two Holy Mosques) and Republic of Turkey to help ensure peace in our war stricken country and want that the efforts continue, speed up and expand.

Page 3, Framework for Talks with the Disaffected, 8
...
We call on the international community to support the peace process led by the government of Afghanistan
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
Page 3, Framework for Talks with the Disaffected, 8
...
The government and the international forces should guarantee security and safety for those who join the peace process and should provide for a safe return of those in armed opposition

Page 3, Framework for Talks with the Disaffected, 10
...
The Government with cooperation from the people should take all required measures to ensure security and prevent destructive terrorist acts
Ceasefire
No specific mention.
Police
No specific mention.
Armed forces
Page 3, Framework for Talks with the Disaffected, 8
...
International and Afghan forces are strongly requested to seriously avoid any unnecessary arrests and arbitrary searches of houses as well as aerial bombardment of residential areas that lead to civilian casualties. The government should take all required measures to be able to lead military operations and coordination among international forces operating in Afghanistan
...
The international community is suggested to expedite the process of equipping, training and strengthening Afghan national security forces, so they can get the capability in taking responsibility to provide security for their own country and people
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
Page 3, Framework for Talks with the Disaffected, 8
...
The disaffected in armed opposition should renounce violence and all other activities that result in killing our people and destroying the infrastructure and should dissociate themselves from Alqaeda and other terrorist groups

Page 4, Developing Mechanism for Negotiation with the Disaffected, 11
...
The Commission would create by the passage of time its local offices at district and provincial levels and would be represented by different people including
...
a person to represent the militants who have given up violence.
Withdrawal of foreign forces
No specific mention.
Corruption
Page 3, Framework for Talks with the Disaffected, 8
...
The government with public support should take every necessary step to deliver good governance, make sure appointments are made on the basis of merits, and fight administrative and moral corruption as well as illegal property possession at national and provincial level.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
Page 2, Understanding, Negotiation and Agreement for Sustainable Peace,
1. We, the participants of the NCPJ demand from all the parties engaged in conflict to act and comply by the teachings of Islam and respect the aspiration of the people of Afghanistan for lasting peace and ending war and fratricide through understanding and negotiations. The peace and reconciliation initiative shall be for and among Afghans only and does not include in anyway foreign extremist elements and international terrorist networks.

Page 3, Framework for Talks with the Disaffected, 8
... The disaffected in armed opposition should renounce violence and all other activities that result in killing our people and destroying the infrastructure and should dissociate themselves from Alqaeda and other terrorist groups

Page 3, Framework for Talks with the Disaffected, 10
... The Government with cooperation from the people should take all required measures to ensure security and prevent destructive terrorist acts

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
Relief of other sanctions
Page 3, Framework for Talks with the Disaffected, 8
...
The government in agreement with the international community should take serious action in getting the names of those in opposition removed from the consolidated blacklist.
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
Page 2, Framework for Talks with the Disaffected, 8
...
as a gesture of a goodwill, to take immediate and solid action in freeing from various prisons those detained based on inaccurate information or unsubstantiated allegations

Page 4, Developing Mechanism for Negotiation with the Disaffected, 11
...
The Commission shall form a special committee to handle the issues related to the release and return to normal life of the prisoners.


Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
Page 2, Understanding, Negotiation and Agreement for Sustainable Peace, 4
For a sustainable peace to be ensured, strong and sincere commitments by all the parties concerned is a must. We, the participants seriously request that the aspiration of the people and of the Jirga members and their decisions be respected and put to practice, any action otherwise would be a major harm to the traditional value of the Jirga.

Page 2, Understanding, Negotiation and Agreement for Sustainable Peace, 6
Avoiding any issues that can inflame ethnical, regional, linguistic, party, religious and political sensitivities and can strain the national unity must be placed as top working priorities for all parties concerned.

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