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
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this resurgence of the Taliban, NATO leaders lacked the necessary support for the mission abroad, and NATO troops were withdrawn by the end of 2014.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

Main category
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

Women, girls and gender

Participation
Citizenship
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.
Other
Page 3, Article 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
Equality
No specific mention.
Particular groups of women
No specific mention.
International law
General IHRL, IHL and IL
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, Article 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
New institutions
No specific mention.
Violence against women
No specific mention.
Transitional justice
No specific mention.
Institutional reform
Constitution-making/reform
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.
Development
No specific mention.
Implementation
No specific mention.
Other
No specific mention.

The University of Edinburgh