Berlin Declaration (Berlin Conference)

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Country/entity: Afghanistan
Region: Europe and Eurasia
Agreement name: Berlin Declaration (Berlin Conference)
Date: 1 Apr 2004
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
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this resurgence of the Taliban, NATO leaders lacked the necessary support for the mission abroad, and NATO troops were withdrawn by the end of 2014.
Stage: Implementation/renegotiation
Conflict nature: Government
Peace process: Afghanistan: 2000s Post-intervention process
Parties: Document not signed, but background documents and reporting note participants as:
Hamid Karzai - President, Afghanistan
Abd Allah Abd Allah - Foreign Minister, Afghanistan
Khurshid Mahmud Kasuri - Foreign Minister, Pakistan
Li Zhaoxing - Foreign Minister, China
Colin Powell - Secretary of State, United States
Alexander Downer - Foreign Minister, Australia
Jack Straw - Foreign Minister, United Kingdom
Brian Cowen - Minister of Foreign Affairs, Ireland
Hwang Doo-Yun - South Korea
Sergey Lavrov - Minister of Foreign Affairs, Russian Federation
Sadako Ogata - Japan
Jaap de Hoop Scheffer - NATO Secretary General
Jean Arnault - United Nations envoy to Afghanistan
Third parties: As well as representatives from the following countries:

Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Canada, Iceland, Norway, Kyrgyzstan, Tajikistan, Uzbekistan

and others, with a total of 65 signatory countries and organisations
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 (opens in new tab) | Download 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: Groups→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→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

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): 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
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
Constitution: Governance→Constitution→Constitution 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

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 general: 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
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: Rights related issues→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.
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...
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: Rights institutions→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.

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 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: Socio-economic reconstruction→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: Security sector→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.
Related cases: No specific mention.
Source: UN Peacemaker
http://peacemaker.un.org/
http://peacemaker.un.org/node/1813

International Afghanistan Conference in Berlin, 31 March – 01 April 2004

Berlin Declaration

01 April 2004

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.

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.

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,

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,

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 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,

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,

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,

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,

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, and to continue the formation of the Afghan National Army and the National Police,

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,

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,

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.

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 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,

Strongly to endorse the Workplan put forward by the Government of Afghanistan and annexed herewith, to stress the importance of the reform steps and actions outlined therein, and to note Afghanistan’s determination to pursue this agenda,

that the international community’s assistance to Afghanistan will have a particular focus on supporting the implementation of this Workplan,

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,

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),

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,

the further steps made by Afghanistan and its neighbors to foster regional cooperation under the auspices of the Kabul Declaration on Good Neighbourly Relations from December 22, 2002, in particular, the Declaration on Counter-Narcotics annexed herewith as well as the planned Conference on Regional Police Cooperation to be held in Doha on May 18 and 19,

Reaffirm on this basis that

Afghanistan and the international community shall continue to sustain a lasting partnership for the future, which will allow Afghanistan to complete the transition process begun with the Bonn Agreement, to reflect the will of its people, rebuild Afghanistan and create a secure, peaceful and stable country fully restored to its rightful place in the international community of free nations.