Agreement on a Comprehensive Political Settlement of the Cambodia Conflict (Framework for a Comprehensive Political Settlement of the Cambodia Conflict or Paris Accords)
- Country/entity
-
Cambodia
- Region
-
Asia and Pacific
- Agreement name
- Agreement on a Comprehensive Political Settlement of the Cambodia Conflict (Framework for a Comprehensive Political Settlement of the Cambodia Conflict or Paris Accords)
- Date
- 23 Oct 1991
- Agreement status
- Multiparty signed/agreed
- Interim arrangement
- Yes
- Agreement/conflict level
- Interstate/intrastate conflict(s)
- Stage
- Framework/substantive - comprehensive
- Conflict nature
- Government
- Peace process
- Cambodian peace process
- Parties
- Unsigned copy of the agreement but based on the agreement text and additional research, parties are presumed to be those included in the Supreme National Council, namely: H.R.H Prince Norodom Sihanouk, the government of Cambodia, Khmer People's National Liberation Front (KPNLF), FUNCINPEC, Democratic Kampuchea (Khmer Rouge).
- Third parties
- Unsigned copy of the agreement but based on the agreement text and additional research, parties are presumed to be: Australia, Brunei Darussalam, Canada, the People's Republic of China, the French Republic, the Republic of India, the Republic of Indonesia, Japan, the Lao People's Democratic Republic, Malaysia, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, the United States of America, the Socialist Republic of Vietnam and the Socialist Federal Republic of Yugoslavia, the Secretary-General of the United Nations.
- Description
- A comprehensive agreement covering the political settlement of the Cambodian conflict. Issues covered include arrangements for the transitional period, the establishment of the United Nations Transitional Authority in Cambodia and the functions of the Supreme National Council; the withdrawal of foreign forces; ceasefire; elections; human rights; International Guarantees; Refugees and Displaced Persons; Prisoner Release; Principles of a New Constitution; and Rehabilitation and Reconstruction. As regards political power-sharing, The make-up of the Supreme National Council was previously agreed to comprise The Cambodian parties present in the informal meeting finalized the 12 member SNC as: Samdech Preah Norodom Sihanouk (President), the state of Cambodia (six members), Khmer People's National Liberation Front (KPNLF) (2 members), National United Front for an Independent, Neutral, Peaceful, and Cooperative Cambodia (FUNCINPEC) (1 Member), Democratic Kampuchea or Khmer Rouge (2 members). In this agreement it is given the following executive role, but essentially transfers immediate power to the UN administration.
- Agreement document
- KH_911023_Comprehensive Peace Agreement.pdf (opens in new tab) | Download PDF
Groups
- Children/youth
No specific mention.
- Disabled persons
- Groups→Disabled persons→SubstantivePage 19, Annex 3 Elections
...
8. Voting will be by secret ballot, with provision made to assist those who are disabled or who cannot read or write. - Elderly/age
No specific mention.
- Migrant workers
No specific mention.
- Racial/ethnic/national group
- Groups→Racial/ethnic/national group→SubstantivePage 21, Annex 5 Principles for a New Constitution for Cambodia: 2. Cambodia's tragic recent history requires special measures lo assure protection of human rights. Therefore, the constitution will contain a declaration of fundamental rights, including the rights to life, personal liberty, security, freedom of movement, freedom of religion, assembly and association including political parties and trade unions, due process and equality before the law, protection from arbitrary deprivation of property or deprivation of private property without just compensation, and freedom from racial, ethnic, religious or sexual discrimination. It will prohibit the retroactive application of criminal law. The declaration will be consistent with the provisions of the Universal Declaration of Human Rights and other relevant international instruments. Aggrieved individuals will be entitled to have the courts adjudicate and enforce these rights.
- Religious groups
- Groups→Religious groups→SubstantivePage 21, Annex 5 Principles for a New Constitution for Cambodia: 2. Cambodia's tragic recent history requires special measures lo assure protection of human rights. Therefore, the constitution will contain a declaration of fundamental rights, including the rights to life, personal liberty, security, freedom of movement, freedom of religion, assembly and association including political parties and trade unions, due process and equality before the law, protection from arbitrary deprivation of property or deprivation of private property without just compensation, and freedom from racial, ethnic, religious or sexual discrimination. It will prohibit the retroactive application of criminal law. The declaration will be consistent with the provisions of the Universal Declaration of Human Rights and other relevant international instruments. Aggrieved individuals will be entitled to have the courts adjudicate and enforce these rights.
- Indigenous people
No specific mention.
- Other groups
No specific mention.
- Refugees/displaced persons
- Groups→Refugees/displaced persons→SubstantivePage 5, Part III: Human Rights, Article 15: 1. All persons in Cambodia and all Cambodian refugees and displaced persons shall enjoy the rights and freedoms embodied in the Universal Declaration of Human Rights and other relevant international human rights instruments.
Page 6, Part V: Refugees and Displaced Persons, Article 19: Upon entry into force of this Agreement, every effort will be made to create in Cambodia political, economic and social conditions conducive to the voluntary return and harmonious integration of Cambodian refugees and displaced persons.
Page 6, Part V: Refugees and Displaced Persons, Article 20:
1) Cambodian refugees and displaced persons, located outside Cambodia, shall have the right to return to Cambodia and to live in safety, security and dignity, free from intimidation or coercion of any kind.
2) The Signatories request the Secretary-General of the United Nations to facilitate the repatriation in safety and dignity of Cambodian refugees and displaced persons, as an integral part of the comprehensive political settlement and under the overall authority of the Special Representative of the Secretary-General, in accordance with the guidelines and principles on the repatriation of refugees and displaced persons as set forth in annex 4.
Page 18, Annex 2, Withdrawal, Cease-fire and Related Measures, Article XII Repatriation and resettlement of displaced Cambodians: The military component of UNTAC will provide assistance as necessary in the repatriation of Cambodian refugees and displaced persons carried out in accordance with Articles 19 and 20 of this Agreement, in particular in the clearing of mines from repatriation routes, reception centres and resettlement areas, as well as in the protection of the reception centres.
Page 18, Annex 3, Elections: 3. All Cambodians, including those who at the time of signature of this Agreement are Cambodian refugees and displaced persons, will have the same rights, freedoms and opportunities to take part in the electoral process.
Page 19, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part I Introduction: 1. As part of the comprehensive political settlement, every assistance will need to be given to Cambodian refugees and displaced persons as well as to countries of temporary refuge and the country of origin in order to facilitate the voluntary return of all Cambodian refugees and displaced persons in a peaceful and orderly manner. It must also be ensured that there would be no residual problems for the countries of temporary refuge. The country of origin with responsibility towards its own people will accept their return as conditions become conducive.
Page 19, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part II Conditions Conducive to The Return of Refugees and Displaced Persons: 2. The task of rebuilding the Cambodian nation will require the harnessing of all its human and natural resources. To this end, the return to the place of their choice of Cambodians from their temporary refuge and elsewhere outside their country of origin will make a major contribution.
Page 19, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part II Conditions Conducive to The Return of Refugees and Displaced Persons: 3. Every effort should be made to ensure that the conditions which have led to a large number of Cambodian refugees and displaced persons seeking refuge in other countries should not recur. Nevertheless, some Cambodian refugees and displaced persons will wish and be able to return spontaneously to their homeland.
Page 19, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part II Conditions Conducive to The Return of Refugees and Displaced Persons: 4. There must be full respect for the human rights and fundamental freedoms of all Cambodians, including those of the repatriated refugees and displaced persons, in recognition of their entitlement to live in peace and security, free from intimidation and coercion of any kind.
These rights would include, inter alia, freedom of movement within Cambodia, the choice of domicile and employment, and the right to property.
Page 20, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part II Conditions Conducive to The Return of Refugees and Displaced Persons: 5. In accordance with the comprehensive political settlement, every effort should be made to create concurrently in Cambodia political, economic and social conditions conducive to the return and harmonious integration of the Cambodian refugees and displaced persons.
Page 20, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part II Conditions Conducive to The Return of Refugees and Displaced Persons: 6. With a view to ensuring that refugees and displaced persons participate in the elections, mass repatriation should commence and be completed as soon as possible, taking into account all the political, humanitarian, logistical, technical and socio-economic factors involved, and with the cooperation of the SNC.
Page 20, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part II Conditions Conducive to The Return of Refugees and Displaced Persons: 7. Repatriation of Cambodian refugees and displaced persons should be voluntary and their decision should be taken in full possession of the facts. Choice of destination within Cambodia should be that of the individual. The unity of the family must be preserved.
Page 20, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part III Operational Factors: 8. Consistent with respect for principles of national sovereignty in the countries of temporary refuge and origin, and in close cooperation with the countries of temporary refuge and origin, full access by the Office of the United Nations High Commissioner for Refugees (UNHCR), ICRC and other relevant international agencies should be guaranteed to all Cambodian refugees and displaced persons, with a view to the agencies undertaking the census, tracing, medical assistance, food distribution and other activities vital to the discharge of their mandate and operational responsibilities; such access should also be provided in Cambodia to enable the relevant international organizations to carry out their traditional monitoring as well as operational responsibilities.
Page 20, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part III Operational Factors: 9. In the context of the comprehensive political settlement, the Signatories note with satisfaction that the Secretary-General of the United Nations has entrusted UNHCR with the role of leadership and coordination among intergovernmental agencies assisting with the repatriation and relief of Cambodian refugees and displaced persons. The Signatories look to all non- governmental organizations to coordinate as much as possible their work for the Cambodian refugees and displaced persons with that of UNHCR.
Page 20, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part III Operational Factors: 10. The SNC, the Governments of the countries in which the Cambodian refugees and displaced persons have sought temporary refuge, and the countries which contribute to the repatriation and integration effort will wish to monitor closely and facilitate the repatriation of the returnees. An ad hoc consultative body should be established for a limited term for these purposes. The UNHCR, the ICRC, and other international agencies as appropriate, as well as UNTAC, would be invited to join as full participants.
Page 20, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part III Operational Factors: 11. Adequately monitored short-term repatriation assistance should be provided on an impartial basis to enable the families and individuals returning to Cambodia to establish their lives and livelihoods harmoniously in their society. These interim measures would be phased out and replaced in the longer term by the reconstruction programme.
Page 20, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part III Operational Factors: 12. Those responsible for organizing and supervising the repatriation operation will need to ensure that conditions of security are created for the movement of the refugees and displaced persons.
In this respect, it is imperative that appropriate border crossing points and routes be designated and cleared of mines and other hazards.
Page 21, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part III Operational Factors: 13. The international community should contribute generously to the financial requirements of the repatriation operation. - Social class
No specific mention.
Gender
- Women, girls and gender
- Page 21, Annex 5, Principles for a new constitution for Cambodia, 2: Cambodia's tragic recent history requires special measures lo assure protection of human rights. Therefore, the constitution will contain a declaration of fundamental rights, including the rights to life, personal liberty, security, freedom of movement, freedom of religion, assembly and association including political parties and trade unions, due process and equality before the law, protection from arbitrary deprivation of property or deprivation of private property without just compensation, and freedom from racial, ethnic, religious or sexual discrimination...
- Men and boys
No specific mention.
- LGBTI
No specific mention.
- Family
- Page 20, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part II Conditions Conducive to The Return of Refugees and Displaced Persons: 7. Repatriation of Cambodian refugees and displaced persons should be voluntary and their decision should be taken in full possession of the facts. Choice of destination within Cambodia should be that of the individual. The unity of the family must be preserved.
Page 20, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part III Operational Factors: 11. Adequately monitored short-term repatriation assistance should be provided on an impartial basis to enable the families and individuals returning to Cambodia to establish their lives and livelihoods harmoniously in their society. These interim measures would be phased out and replaced in the longer term by the reconstruction programme.
State definition
- Nature of state (general)
- Page 2, Agreement on a Comprehensive Political Settlement of the Cambodia Conflict: In order to maintain, preserve and defend the sovereignty, independence, territorial integrity and inviolability, neutrality and national unity of Cambodia,
Page 3, Section III : Supreme National Council, Article 3: The Supreme National Council (hereinafter referred to as "the SNC") is the unique legitimate body and source of authority in which, throughout the transitional period, the sovereignty, independence and unity of Cambodia are enshrined.
Page 5, Part II: Elections, Article 12: The Cambodian people shall have the right to determine their own political future through the free and fair election of a constituent assembly, which will draft and approve a new Cambodian Constitution in accordance with Article 23 and transform itself into a legislative assembly, which will create the new Cambodian Government. This election will be held under United Nations auspices in a neutral political environment with full respect for the national sovereignty of Cambodia.
Page 6, Part IV: International Guarantees Article 18: Cambodia undertakes to maintain, preserve and defend, and the other Signatories undertake to recognize and respect, the sovereignty, independence, territorial integrity and inviolability, neutrality and national unity of Cambodia, as set forth in a separate Agreement.
Page 7, Part VII: Principles for a New Constitution for Cambodia, Article 23: Basic principles, including those regarding human rights and fundamental freedoms as well as regarding Cambodia's status of neutrality, which the new Cambodian Constitution will incorporate, are set forth in annex 5.
Page 21, Annex 5 Principles for a New Constitution for Cambodia: 3. The constitution will declare Cambodia's status as a sovereign, independent and neutral State, and the national unity of Cambodian people.
Page 21, Annex 5 Principles for a New Constitution for Cambodia: 4. The constitution will state that Cambodia will follow a system of liberal democracy, on the basis of pluralism. It will provide for periodic and genuine elections. It will provide for the right to vote and to be elected by universal and equal suffrage. It will provide for voting by secret ballot, with a requirement that electoral procedures provide a full and fair opportunity to organize and participate in the electoral process. - State configuration
- Page 21, Annex 5 Principles for a New Constitution for Cambodia: 4. The constitution will state that Cambodia will follow a system of liberal democracy, on the basis of pluralism. It will provide for periodic and genuine elections. It will provide for the right to vote and to be elected by universal and equal suffrage. It will provide for voting by secret ballot, with a requirement that electoral procedures provide a full and fair opportunity to organize and participate in the electoral process.
- Self determination
- Page 2, Agreement on a Comprehensive Political Settlement of the Cambodia Conflict: Desiring to restore and maintain peace in Cambodia, to promote national reconciliation and to ensure the exercise of the right to selfdetermination of the Cambodian people through free and fair elections,
Page 2, Agreement on a Comprehensive Political Settlement of the Cambodia Conflict: Noting the formation in Jakarta on 10 September 1990 of the Supreme National Council of Cambodia as the unique legitimate body and source of authority in Cambodia in which, throughout the transitional period, national sovereignty and unity are enshrined, and which represents Cambodia externally, - Referendum
- Page 21, Annex 5 Principles for a New Constitution for Cambodia: 1. The constitution will be the supreme law of the land. It may be amended only by a designated process involving legislative approval, popular referendum, or both.
- 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 referencesPage 18, Annex 3, Elections: 1. The constituent assembly referred to in Article 12 of the Agreement shall consist of 120 members. Within three months from the date of the election, it shall complete its tasks of drafting and adopting a new Cambodian Constitution and transform itself into a legislative assembly which will form a new Cambodian Government.Governance→Political institutions (new or reformed)→Temporary new institutionsPage 2, Agreement on a Comprehensive Political Settlement of the Cambodia Conflict: Noting the formation in Jakarta on 10 September 1990 of the Supreme National Council of Cambodia as the unique legitimate body and source of authority in Cambodia in which, throughout the transitional period, national sovereignty and unity are enshrined, and which represents Cambodia externally,
Page 3, Part I Arrangements During the Transitional Period, Section I: Transitional Period, Article 1: For the purposes of this Agreement, the transitional period shall commence with the entry into force of this Agreement and terminate when the constituent assembly elected through free and fair elections, organized and certified by the United Nations, has approved the constitution and transformed itself into a legislative assembly, and thereafter a new government has been created.
Page 3, Section III : Supreme National Council, Article 3: The Supreme National Council (hereinafter referred to as "the SNC") is the unique legitimate body and source of authority in which, throughout the transitional period, the sovereignty, independence and unity of Cambodia are enshrined.
Page 3, Section III : Supreme National Council, Article 4: The members of the SNC shall be committed to the holding of free and fair elections organized and conducted by the United Nations as the basis for forming a new and legitimate Government.
Page 3, Section III : Supreme National Council, Article 5: The SNC shall, throughout the transitional period, represent Cambodia externally and occupy the seat of Cambodia at the United Nations, in the United Nations specialized agencies, and in other international institutions and international conferences. - Elections
- Page 2, Agreement on a Comprehensive Political Settlement of the Cambodia Conflict: Desiring to restore and maintain peace in Cambodia, to promote national reconciliation and to ensure the exercise of the right to selfdetermination of the Cambodian people through free and fair elections.
Page 2, Agreement on a Comprehensive Political Settlement of the Cambodia Conflict: Welcoming the unanimous election, in Beijing on 17 July 1991, of H.R.H. Prince Norodom Sihanouk as the President of the Supreme National Council,
Page 3, Part I Arrangements During the Transitional Period, Section I: Transitional Period, Article 1: For the purposes of this Agreement, the transitional period shall commence with the entry into force of this Agreement and terminate when the constituent assembly elected through free and fair elections, organized and certified by the United Nations, has approved the constitution and transformed itself into a legislative assembly, and thereafter a new government has been created.
Page 3, Section III : Supreme National Council, Article 4: The members of the SNC shall be committed to the holding of free and fair elections organized and conducted by the United Nations as the basis for forming a new and legitimate Government.
Page 5, Part II: Elections, Article 12: The Cambodian people shall have the right to determine their own political future through the free and fair election of a constituent assembly, which will draft and approve a new Cambodian Constitution in accordance with Article 23 and transform itself into a legislative assembly, which will create the new Cambodian Government. This election will be held under United Nations auspices in a neutral political environment with full respect for the national sovereignty of Cambodia.
Page 5, Part II: Elections, Article 13: UNTAC shall be responsible for the organization and conduct of these elections based on the provisions of annex 1, section D, and annex 3.
Page 5, Part II: Elections, Article 14: All Signatories commit themselves to respect the results of these elections once certified as free and fair by the United Nations.
Page 8, Annex 1, UNTAC Mandate, Section A General Procedures: 1. In accordance with Article 6 of the Agreement, UNTAC will exercise the powers necessary to ensure the implementation of this Agreement, including those relating to the organization and conduct of free and fair elections and the relevant aspects of the administration of Cambodia.
Page 11, Annex 1, UNTAC Mandate, Section D Elections: 1. UNTAC will organize and conduct the election referred to in Part II of this Agreement in accordance with this section and annex 3.
Page 11, Annex 1, UNTAC Mandate, Section D Elections: 2. UNTAC may consult with the SNC regarding the organization and conduct of the electoral process.
Page 11, Annex 1, UNTAC Mandate, Section D Elections: 3. In the exercise of its responsibilities in relation to the electoral process, the specific authority of UNTAC will include the following:
a. The establishment, in consultation with the SNC, of a system of laws, procedures and administrative measures necessary for the holding of a free and fair election in Cambodia, including the adoption of an electoral law and of a code of conduct regulating participation in the election in a manner consistent with respect for human rights and prohibiting coercion or financial inducement in order to influence voter preference;
b. The suspension or abrogation, in consultation with the SNC, of provisions of existing laws which could defeat the objects and purposes of this Agreement;
c. The design and implementation of a voter education programme, covering all aspects of the election, to support the election process;
d. The design and implementation of a system of voter registration, as a first phase of the electoral process, to ensure that eligible voters have the opportunity to register, and the subsequent preparation of verified voter registration lists;
e. The design and implementation of a system of registration of political parties and lists of candidates;
f. Ensuring fair access to the media, including press, television and radio, for all political parties contesting in the election;
g. The adoption and implementation of measures to monitor and facilitate the participation of Cambodians in the elections, the political campaign and the balloting procedures;
h. The design and implementation of a system of balloting and polling, to ensure that registered voters have the opportunity to vote;
i. The establishment, in consultation with the SNC, of coordinated arrangements to facilitate the presence of foreign observers wishing to observe the campaign and voting;
j. Overall direction of polling and the vote count;
k. The identification and investigation of complaints of electoral irregularities, and the taking of appropriate corrective action;
l. Determining whether or not the election was free and fair and, if so, certification of the list of persons duly elected.
Page 12, Annex 1, UNTAC Mandate, Section D Elections: 4. In carrying out its responsibilities under the present section, UNTAC will establish a system of safeguards to assist it in ensuring the absence of fraud during the electoral process, including arrangements for Cambodian representatives to observe the registration and polling procedures and the provision of an UNTAC mechanism for hearing and deciding complaints.
Page 12, Annex 1, UNTAC Mandate, Section D Elections: 5. The timetable for the various phases of the electoral process will be determined by UNTAC, in consultation with the SNC as provided in paragraph 2 of this section. The duration of the electoral process will not exceed nine months from the commencement of voter registration.
Page 12, Annex 1, UNTAC Mandate, Section D Elections: 6. In organizing and conducting the electoral process, UNTAC will make every effort to ensure that the system and procedures adopted are absolutely impartial, while the operational arrangements are as administratively simple and efficient as possible.
Page 16, Annex 2, Withdrawal, Cease-fire and Related Measures, Article V: Ultimate disposition of the forces of the Parties and of their arms, ammunition and equipment: 4.
...d. The ultimate disposition of all arms, ammunition and equipment will be determined by the government that emerges through the free and fair elections in accordance with Article 12 of this Agreement.
Page 18, Annex 3, Elections: 2. The election referred to in Article 12 of the Agreement will be held throughout Cambodia on a provincial basis in accordance with a system of proportional representation on the basis of lists of candidates put forward by political parties.
Page 19, Annex 3 Elections: 4. Every person who has reached the age of eighteen at the time of application to register, or who turns eighteen during the registration period, and who either was born in Cambodia or is the child of a person born in Cambodia, will be eligible to vote in the election.
Page 19, Annex 3 Elections: 6. Party affiliation will be required in order to stand for election to the constituent assembly. Political parties will present lists of candidates standing for election on their behalf, who will be registered voters.
Page 19, Annex 3 Elections: 8. Voting will be by secret ballot, with provision made to assist those who are disabled or who cannot read or write.
Page 20, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part II Conditions Conducive to The Return of Refugees and Displaced Persons: 6. With a view to ensuring that refugees and displaced persons participate in the elections, mass repatriation should commence and be completed as soon as possible, taking into account all the political, humanitarian, logistical, technical and socio-economic factors involved, and with the cooperation of the SNC.
Page 21, Annex 5 Principles for a New Constitution for Cambodia: 4. The constitution will state that Cambodia will follow a system of liberal democracy, on the basis of pluralism. It will provide for periodic and genuine elections. It will provide for the right to vote and to be elected by universal and equal suffrage. It will provide for voting by secret ballot, with a requirement that electoral procedures provide a full and fair opportunity to organize and participate in the electoral process. - Electoral commission
No specific mention.
- Political parties reform
- Governance→Political parties reform→Other political parties reformPage 19, Annex 3 Elections: 6. Party affiliation will be required in order to stand for election to the constituent assembly. Political parties will present lists of candidates standing for election on their behalf, who will be registered voters.
- Civil society
- Page 5, Part III: Human Rights, Article 15: 2. To this end,
a. Cambodia undertakes:
... - to support the right of all Cambodian citizens to undertake activities which would promote and protect human rights and fundamental freedoms;...
Page 6, Part VI. Release of Prisoners of War And Civilian Internees, Article 21: The release of all prisoners of war and civilian internees shall be accomplished at the earliest possible date under the direction of the International Committee of the Red Cross (ICRC) in coordination with the Special Representative of the Secretary-General, with the assistance, as necessary, of other appropriate international humanitarian organizations and the Signatories.
Page 11, Annex 1, UNTAC Mandate, Section C Military Functions: 5. UNTAC will assist, as necessary, the International Committee of the Red Cross in the release of all prisoners of war and civilian internees.
Page 18, Annex 2, Withdrawal, Cease-fire and Related Measures, Article XI Release of prisoners of war: The military component of UNTAC will provide assistance as required to the International Committee of the Red Cross in the latter's discharge of its functions relating to the release of prisoners of war.
Page 19, Annex 3 Elections: 5. Political parties may be formed by any group of five thousand registered voters. Party platforms shall be consistent with the principles and objectives of the Agreement on a comprehensive political settlement.
Page 19, Annex 3 Elections: 6. Party affiliation will be required in order to stand for election to the constituent assembly. Political parties will present lists of candidates standing for election on their behalf, who will be registered voters.
Page 19, Annex 3 Elections: 7. Political parties and candidates will be registered in order to stand for election. UNTAC will confirm that political parties and candidates meet the established criteria in order to qualify for participation in the election. Adherence to a Code of Conduct established by UNTAC in consultation with the SNC will be a condition for such participation.
Page 20, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part III Operational Factors: 8. Consistent with respect for principles of national sovereignty in the countries of temporary refuge and origin, and in close cooperation with the countries of temporary refuge and origin, full access by the Office of the United Nations High Commissioner for Refugees (UNHCR), ICRC and other relevant international agencies should be guaranteed to all Cambodian refugees and displaced persons, with a view to the agencies undertaking the census, tracing, medical assistance, food distribution and other activities vital to the discharge of their mandate and operational responsibilities; such access should also be provided in Cambodia to enable the relevant international organizations to carry out their traditional monitoring as well as operational responsibilities.
Page 20, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part III Operational Factors: 9. In the context of the comprehensive political settlement, the Signatories note with satisfaction that the Secretary-General of the United Nations has entrusted UNHCR with the role of leadership and coordination among intergovernmental agencies assisting with the repatriation and relief of Cambodian refugees and displaced persons. The Signatories look to all non- governmental organizations to coordinate as much as possible their work for the Cambodian refugees and displaced persons with that of UNHCR.
Page 20, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part III Operational Factors: 10. The SNC, the Governments of the countries in which the Cambodian refugees and displaced persons have sought temporary refuge, and the countries which contribute to the repatriation and integration effort will wish to monitor closely and facilitate the repatriation of the returnees. An ad hoc consultative body should be established for a limited term for these purposes. The UNHCR, the ICRC, and other international agencies as appropriate, as well as UNTAC, would be invited to join as full participants. - Traditional/religious leaders
No specific mention.
- Public administration
- Page 4, Section III : Supreme National Council, Article 6: The SNC hereby delegates to the United Nations all powers necessary to ensure the implementation of this Agreement, as described in annex 1.
In order to ensure a neutral political environment conducive to free and fair general elections, administrative agencies, bodies and offices which could directly influence the outcome of elections will be placed under direct United Nations supervision or control. In that context, special attention will be given to foreign affairs, national defence, finance, public security and information. To reflect the importance of these subjects, UNTAC needs to exercise such control as is necessary to ensure the strict neutrality of the bodies responsible for them. The United Nations, in consultation with the SNC, will identify which agencies, bodies and offices could continue to operate in order to ensure normal day-to-day life in the country.
Page 4, Section III : Supreme National Council, Article 7: The relationship between the SNC, UNTAC and existing administrative structures is set forth in annex 1.
Page 9, Annex 1, UNTAC Mandate, Section B Civil Administration:
1. In accordance with Article 6 of the Agreement, all administrative agencies, bodies and offices acting in the field of foreign affairs, national defence, finance, public security and information will be placed under the direct control of UNTAC, which will exercise it as necessary to ensure strict neutrality. In this respect, the Secretary-General's Special Representative will determine what is necessary and may issue directives to the above-mentioned administrative agencies, bodies and offices. Such directives may be issued to and will bind all Cambodian Parties.
Page 9, Annex 1, UNTAC Mandate, Section B Civil Administration: 2. In accordance with Article 6 of the Agreement, the Secretary-General's Special Representative, in consultation with the SNC, will determine which other administrative agencies, bodies and offices could directly influence the outcome of elections. These administrative agencies, bodies and offices will be placed under direct supervision or control of UNTAC and will comply with any guidance provided by it.
Page 9, Annex 1, UNTAC Mandate, Section B Civil Administration: 3. In accordance with Article 6 of the Agreement, the Secretary-General's Special Representative, in consultation with the SNC, will identify which administrative agencies, bodies and offices could continue to operate in order to ensure normal day-to-day life in Cambodia, if necessary, under such supervision by UNTAC as it considers necessary.
Page 9, Annex 1, UNTAC Mandate, Section B Civil Administration: 4. In accordance with Article 6 of the Agreement, the authority of the Secretary-General's Special Representative will include the power to:
a. Install in administrative agencies, bodies and offices of all the Cambodian Parties United Nations personnel, who will have unrestricted access to all administrative operations and information;
b. Require the reassignment or removal of any personnel of such administrative agencies, bodies and offices.
Page 10, Annex 1, UNTAC Mandate, Section B Civil Administration: 5.a. On the basis of the information provided in Article 1, paragraph 3, of annex 2, the Special Representative of the Secretary-General will determine, after consultation with the Cambodian Parties, those civil police necessary to perform law enforcement in Cambodia. All Cambodian Parties hereby undertake to comply with the determination made by the Special Representative in this regard;
b. All civil police will operate under UNTAC supervision or control, in order to ensure that law and order are maintained effectively and impartially, and that human rights and fundamental freedoms are fully protected. In consultation with the SNC, UNTAC will supervise other law enforcement and judicial processes throughout Cambodia to the extent necessary to ensure the attainment of these objectives.
Page 10, Annex 1, UNTAC Mandate, Section B Civil Administration: 6. If the Secretary-General's Special Representative deems it necessary, UNTAC, in consultation with the SNC, will undertake investigations of complaints and allegations regarding actions by the existing administrative structures in Cambodia that are inconsistent with or work against the objectives of this comprehensive political settlement. UNTAC will also be empowered to undertake such investigation on its own initiative. UNTAC will take, when necessary, appropriate corrective steps. - Constitution
- Governance→Constitution→Constitutional reform/makingPage 5, Part II: Elections, Article 12: The Cambodian people shall have the right to determine their own political future through the free and fair election of a constituent assembly, which will draft and approve a new Cambodian Constitution in accordance with Article 23 and transform itself into a legislative assembly, which will create the new Cambodian Government. This election will be held under United Nations auspices in a neutral political environment with full respect for the national sovereignty of Cambodia.
Page 7, Part VII: Principles for a New Constitution for Cambodia, Article 23: Basic principles, including those regarding human rights and fundamental freedoms as well as regarding Cambodia's status of neutrality, which the new Cambodian Constitution will incorporate, are set forth in annex 5.
Page 18, Annex 3, Elections: 1. The constituent assembly referred to in Article 12 of the Agreement shall consist of 120 members. Within three months from the date of the election, it shall complete its tasks of drafting and adopting a new Cambodian Constitution and transform itself into a legislative assembly which will form a new Cambodian Government.
Page 21, Annex 5 Principles for a New Constitution for Cambodia: 1. The constitution will be the supreme law of the land. It may be amended only by a designated process involving legislative approval, popular referendum, or both.
Page 21, Annex 5 Principles for a New Constitution for Cambodia: 2. Cambodia's tragic recent history requires special measures lo assure protection of human rights. Therefore, the constitution will contain a declaration of fundamental rights, including the rights to life, personal liberty, security, freedom of movement, freedom of religion, assembly and association including political parties and trade unions, due process and equality before the law, protection from arbitrary deprivation of property or deprivation of private property without just compensation, and freedom from racial, ethnic, religious or sexual discrimination. It will prohibit the retroactive application of criminal law. The declaration will be consistent with the provisions of the Universal Declaration of Human Rights and other relevant international instruments. Aggrieved individuals will be entitled to have the courts adjudicate and enforce these rights.
Page 21, Annex 5 Principles for a New Constitution for Cambodia: 3. The constitution will declare Cambodia's status as a sovereign, independent and neutral State, and the national unity of Cambodian people.
Page 21, Annex 5 Principles for a New Constitution for Cambodia: 4. The constitution will state that Cambodia will follow a system of liberal democracy, on the basis of pluralism. It will provide for periodic and genuine elections. It will provide for the right to vote and to be elected by universal and equal suffrage. It will provide for voting by secret ballot, with a requirement that electoral procedures provide a full and fair opportunity to organize and participate in the electoral process.
Page 21, Annex 5 Principles for a New Constitution for Cambodia: 5. An independent judiciary will be established, empowered to enforce the rights provided under the constitution.
Page 21, Annex 5 Principles for a New Constitution for Cambodia: 6. The constitution will be adopted by a two-thirds majority of the members of the constituent assembly.
Power sharing
- Political power sharing
- Power sharing→Political power sharing→Executive coalitionState levelPage 3, Section III : Supreme National Council, Article 3
The Supreme National Council (hereinafter referred to as "the SNC") is the unique legitimate body and source of authority in which, throughout the transitional period, the sovereignty, independence and unity of Cambodia are enshrined.
Page 3, Section III : Supreme National Council, Article 4
The members of the SNC shall be committed to the holding of free and fair elections organized and conducted by the United Nations as the basis for forming a new and legitimate Government.
Page 3, Section III : Supreme National Council, Article 5
The SNC shall, throughout the transitional period, represent Cambodia externally and occupy the seat of Cambodia at the United Nations, in the United Natio s specialized agencies, and in other international institutions and international conferences.Power sharing→Political power sharing→International involvementState levelPage 4, Section III : Supreme National Council, Article 6
The SNC hereby delegates to the United Nations all powers necessary to ensure the implementation of this Agreement, as described in annex 1. In order to ensure a neutral political environment conducive to free and fair general elections, administrative agencies, bodies and offices which could directly influence the outcome of elections will be placed under direct United Nations supervision or control. In that context, special attention will be given to foreign affairs, national defence, finance, public security and information. To reflect the importance of these subjects, UNTAC needs to exercise such control as is necessary to ensure the strict neutrality of the bodies responsible for them. The United Nations, in consultation with the SNC, will identify which agencies, bodies and offices could continue to operate in order to ensure normal day-to-day life in the country.
Page 4, Section III : Supreme National Council, Article 7
The relationship between the SNC, UNTAC and existing administrative structures is set forth in annex 1.Page 8, Annex 1: UNTAC Mandate, Section A : General Procedures: 2.
The following mechanism will be used to resolve all issues relating to the implementation of this Agreement which may arise between the Secretary-General's Special Representative and the Supreme National Council (SNC):
a. The SNC offers advice to UNTAC, which will comply with this advice provided there is a consensus among the members of the SNC and provided this advice is consistent with the objectives of the present Agreement;
b. If there is no consensus among the members of the SNC despite every endeavour of its President, H.R.H. Samdech Norodom Sihanouk, the President will be entitled to make the decision on what advice to offer to UNTAC, taking fully into account the views expressed in the SNC. UNTAC will comply with the advice provided it is consistent with the objectives of the present Agreement;
c. If H.R.H. Samdech Norodom Sihanouk, President of the SNC, the legitimate representative of Cambodian sovereignty, is not, for whatever reason, in a position to make such a decision, his power of decision will transfer to the Secretary-General's Special Representative. The Special Representative will make the final decision, taking fully into account the views expressed in the SNC;
d. Any power to act regarding the implementation of this Agreement conferred upon the SNC by the Agreement will be exercised by consensus or, failing such consensus, by its President in accordance with the procedure set out above. In the event that H.R.H. Samdech Norodom Sihanouk, President of the SNC, the legitimate representative of Cambodian sovereignty, is not, for whatever reason, in a position to act, his power to act will transfer to the Secretary-General's Special Representative, who may take the necessary action;
e. In all cases, the Secretary-General's Special Representative will determine whether advice or action of the SNC is consistent with the present Agreement.
Page 9, Annex 1: UNTAC Mandate, Section B: Civil Administration: 1.
In accordance with Article 6 of the Agreement, all administrative agencies, bodies and offices acting in the field of foreign affairs, national defence, finance, public security and information will be placed under the direct control of UNTAC, which will exercise it as necessary to ensure strict neutrality. In this respect, the Secretary-General's Special Representative will determine what is necessary and may issue directives to the above-mentioned administrative agencies, bodies and offices. Such directives may be issued to and will bind all Cambodian Parties.
Page 9, Annex 1: UNTAC Mandate, Section B: Civil Administration: 2.
In accordance with Article 6 of the Agreement, the Secretary-General's Special Representative, in consultation with the SNC, will determine which other administrative agencies, bodies and offices could directly influence the outcome of elections. These administrative agencies, bodies and offices will be placed under direct supervision or control of UNTAC and will comply with any guidance provided by it.
Page 9, Annex 1: UNTAC Mandate, Section B: Civil Administration: 3.
In accordance with Article 6 of the Agreement, the Secretary-General's Special Representative, in consultation with the SNC, will identify which administrative agencies, bodies and offices could continue to operate in order to ensure normal day-to-day life in Cambodia, if necessary, under such supervision by UNTAC as it considers necessary.
Page 9, Annex 1: UNTAC Mandate, Section B: Civil Administration: 4.
In accordance with Article 6 of the Agreement, the authority of the Secretary-General's Special Representative will include the power to:
a. Install in administrative agencies, bodies and offices of all the Cambodian Parties United Nations personnel, who will have unrestricted access to all administrative operations and information;
b. Require the reassignment or removal of any personnel of such administrative agencies, bodies and offices.
Page 9, Annex 1: UNTAC Mandate, Section B: Civil Administration: 5.
a. On the basis of the information provided in Article 1, paragraph 3, of annex 2, the Special Representative of the Secretary-General will determine, after consultation with the Cambodian Parties, those civil police necessary to perform law enforcement in Cambodia. All Cambodian Parties hereby undertake to comply with the determination made by the Special Representative in this regard;
b. All civil police will operate under UNTAC supervision or control, in order to ensure that law and order are maintained effectively and impartially, and that human rights and fundamental freedoms are fully protected. In consultation with the SNC, UNTAC will supervise other law enforcement and judicial processes throughout Cambodia to the extent necessary to ensure the attainment of these objectives.
Page 9, Annex 1: UNTAC Mandate, Section B: Civil Administration: 6.
If the Secretary-General's Special Representative deems it necessary, UNTAC, in consultation with the SNC, will undertake investigations of complaints and allegations regarding actions by the existing administrative structures in Cambodia that are inconsistent with or work against the objectives of this comprehensive political settlement. UNTAC will also be empowered to undertake such investigation on its own initiative. UNTAC will take, when necessary, appropriate corrective steps. - Territorial power sharing
No specific mention.
- Economic power sharing
No specific mention.
- Military power sharing
- Power sharing→Military power sharing→Merger of forcesPage 15, Annex 2, Withdrawal, Cease-fire and Related Measures, Article V: Ultimate disposition of the forces of the Parties and of their arms, ammunition and equipment: 2. The Cambodian Parties hereby commit themselves to demobilize all their remaining forces before or shortly after the elections and, to the extent that full demobilization is unattainable, to respect and abide by whatever decision the newly elected government that emerges in accordance with Article 12 of this Agreement takes with regard to the incorporation of parts or all of those forces into a new national army. Upon completion of the demobilization referred to in paragraph 1, the Cambodian Parties and the Special Representative of the Secretary General shall undertake a review regarding the final disposition of the forces remaining in the cantonments, with a view to determining which of the following shall apply:
...b. Should total demobilization of all of the residual forces before or shortly after the elections not be possible, the Parties hereby undertake to make available all of their forces remaining in cantonments to the newly elected government that emerges in accordance with Article 12 of this Agreement, for consideration for incorporation into a new national army. They further agree that any such forces which are not incorporated into the new national army will be demobilized forthwith according to a plan to be prepared by the Special Representative. With regard to the ultimate disposition of the remaining forces and all the arms, ammunition and equipment, UNTAC, as it withdraws from Cambodia, shall retain such authority as is necessary to ensure an orderly transfer to the newly elected government of those responsibilities it has exercised during the transitional period.Power sharing→Military power sharing→Joint command structuresPages 13-14, Annex 2,
Article II: Liaison system and Mixed Military Working Group
A Mixed Military Working Group (MMWG) will be established with a view to resolving any problems that may arise in the observance of the cease-fire. It will be chaired by the most senior United Nations military officer in Cambodia or his representative. Each Party agrees to designate an officer of the rank of brigadier or equivalent to serve on the MMWG. Its composition, method of operation and meeting places will be determined by the most senior United Nations military officer in consultation with the Parties. Similar liaison arrangements will be made at lower military command levels to resolve practical problems on the ground.
Human rights and equality
- Human rights/RoL general
- Page 3, Untitled Preamble: Recognizing that Cambodia's tragic recent history requires special measures to assure protection of human rights, and the non-return to the policies and practices of the past,
Page 5, Part III: Human Rights, Article 15: 2. To this end,
a. Cambodia undertakes:
- to ensure respect for and observance of human rights and fundamental freedoms in Cambodia;
- to support the right of all Cambodian citizens to undertake activities which would promote and protect human rights and fundamental freedoms;...
...b. the other Signatories to this Agreement undertake to promote and encourage respect for and observance of human rights and fundamental freedoms in Cambodia as embodied in the relevant international instruments and the relevant resolutions of the United Nations General Assembly, in order, in particular, to prevent the recurrence of human rights abuses.
Page 7, Part VII: Principles for a New Constitution for Cambodia, Article 23: Basic principles, including those regarding human rights and fundamental freedoms as well as regarding Cambodia's status of neutrality, which the new Cambodian Constitution will incorporate, are set forth in annex 5.
Page 10, Annex 1, Section B Civil Administration, 5: b. All civil police will operate under UNTAC supervision or control, in order to ensure that law and order are maintained effectively and impartially, and that human rights and fundamental freedoms are fully protected. In consultation with the SNC, UNTAC will supervise other law enforcement and judicial processes throughout Cambodia to the extent necessary to ensure the attainment of these objectives.
Page 11, Annex 1, UNTAC Mandate, Section D Elections: 3. In the exercise of its responsibilities in relation to the electoral process, the specific authority of UNTAC will include the following:
a. The establishment, in consultation with the SNC, of a system of laws, procedures and administrative measures necessary for the holding of a free and fair election in Cambodia, including the adoption of an electoral law and of a code of conduct regulating participation in the election in a manner consistent with respect for human rights and prohibiting coercion or financial inducement in order to influence voter preference;
Page 19, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part II Conditions Conducive to The Return of Refugees and Displaced Persons: 4. There must be full respect for the human rights and fundamental freedoms of all Cambodians, including those of the repatriated refugees and displaced persons, in recognition of their entitlement to live in peace and security, free from intimidation and coercion of any kind.
These rights would include, inter alia, freedom of movement within Cambodia, the choice of domicile and employment, and the right to property.
Page 21, Annex 5 Principles for a New Constitution for Cambodia: 2. Cambodia's tragic recent history requires special measures lo assure protection of human rights. Therefore, the constitution will contain a declaration of fundamental rights, including the rights to life, personal liberty, security, freedom of movement, freedom of religion, assembly and association including political parties and trade unions, due process and equality before the law, protection from arbitrary deprivation of property or deprivation of private property without just compensation, and freedom from racial, ethnic, religious or sexual discrimination. It will prohibit the retroactive application of criminal law. The declaration will be consistent with the provisions of the Universal Declaration of Human Rights and other relevant international instruments. Aggrieved individuals will be entitled to have the courts adjudicate and enforce these rights. - Bill of rights/similar
- Page 21, Annex 5 Principles for a New Constitution for Cambodia: 2. Cambodia's tragic recent history requires special measures lo assure protection of human rights. Therefore, the constitution will contain a declaration of fundamental rights, including the rights to life, personal liberty, security, freedom of movement, freedom of religion, assembly and association including political parties and trade unions, due process and equality before the law, protection from arbitrary deprivation of property or deprivation of private property without just compensation, and freedom from racial, ethnic, religious or sexual discrimination. It will prohibit the retroactive application of criminal law. The declaration will be consistent with the provisions of the Universal Declaration of Human Rights and other relevant international instruments. Aggrieved individuals will be entitled to have the courts adjudicate and enforce these rights.
- Treaty incorporation
- Page 5, Part III: Human Rights, Article 15: 1. All persons in Cambodia and all Cambodian refugees and displaced persons shall enjoy the rights and freedoms embodied in the Universal Declaration of Human Rights and other relevant international human rights instruments.
Page 5, Part III: Human Rights, Article 15: 2. To this end,
a. Cambodia undertakes:
... - to adhere to relevant international human rights instruments;
...b. the other Signatories to this Agreement undertake to promote and encourage respect for and observance of human rights and fundamental freedoms in Cambodia as embodied in the relevant international instruments and the relevant resolutions of the United Nations General Assembly, in order, in particular, to prevent the recurrence of human rights abuses.
Page 21, Annex 5 Principles for a New Constitution for Cambodia: 2. Cambodia's tragic recent history requires special measures lo assure protection of human rights. Therefore, the constitution will contain a declaration of fundamental rights, including the rights to life, personal liberty, security, freedom of movement, freedom of religion, assembly and association including political parties and trade unions, due process and equality before the law, protection from arbitrary deprivation of property or deprivation of private property without just compensation, and freedom from racial, ethnic, religious or sexual discrimination. It will prohibit the retroactive application of criminal law. The declaration will be consistent with the provisions of the Universal Declaration of Human Rights and other relevant international instruments. Aggrieved individuals will be entitled to have the courts adjudicate and enforce these rights. - Civil and political rights
- Human rights and equality→Civil and political rights→LifePage 21, Annex 5 Principles for a New Constitution for Cambodia: 2. Cambodia's tragic recent history requires special measures lo assure protection of human rights. Therefore, the constitution will contain a declaration of fundamental rights, including the rights to life, personal liberty, security, freedom of movement, freedom of religion, assembly and association including political parties and trade unions, due process and equality before the law, protection from arbitrary deprivation of property or deprivation of private property without just compensation, and freedom from racial, ethnic, religious or sexual discrimination. It will prohibit the retroactive application of criminal law. The declaration will be consistent with the provisions of the Universal Declaration of Human Rights and other relevant international instruments. Aggrieved individuals will be entitled to have the courts adjudicate and enforce these rights.Human rights and equality→Civil and political rights→EqualityPage 21, Annex 5 Principles for a New Constitution for Cambodia: 2. Cambodia's tragic recent history requires special measures lo assure protection of human rights. Therefore, the constitution will contain a declaration of fundamental rights, including the rights to life, personal liberty, security, freedom of movement, freedom of religion, assembly and association including political parties and trade unions, due process and equality before the law, protection from arbitrary deprivation of property or deprivation of private property without just compensation, and freedom from racial, ethnic, religious or sexual discrimination. It will prohibit the retroactive application of criminal law. The declaration will be consistent with the provisions of the Universal Declaration of Human Rights and other relevant international instruments. Aggrieved individuals will be entitled to have the courts adjudicate and enforce these rights.
Page 21, Annex 5 Principles for a New Constitution for Cambodia: 4. The constitution will state that Cambodia will follow a system of liberal democracy, on the basis of pluralism. It will provide for periodic and genuine elections. It will provide for the right to vote and to be elected by universal and equal suffrage. It will provide for voting by secret ballot, with a requirement that electoral procedures provide a full and fair opportunity to organize and participate in the electoral process.Human rights and equality→Civil and political rights→Liberty and security of personPage 21, Annex 5 Principles for a New Constitution for Cambodia: 2. Cambodia's tragic recent history requires special measures lo assure protection of human rights. Therefore, the constitution will contain a declaration of fundamental rights, including the rights to life, personal liberty, security, freedom of movement, freedom of religion, assembly and association including political parties and trade unions, due process and equality before the law, protection from arbitrary deprivation of property or deprivation of private property without just compensation, and freedom from racial, ethnic, religious or sexual discrimination. It will prohibit the retroactive application of criminal law. The declaration will be consistent with the provisions of the Universal Declaration of Human Rights and other relevant international instruments. Aggrieved individuals will be entitled to have the courts adjudicate and enforce these rights.Human rights and equality→Civil and political rights→Freedom of movementPage 19, Annex 3, Elections: 9. The freedoms of speech, assembly and movement will be fully respected. All registered political parties will enjoy fair access to the media, including the press, television and radio.
Page 19, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part II Conditions Conducive to The Return of Refugees and Displaced Persons: 4. There must be full respect for the human rights and fundamental freedoms of all Cambodians, including those of the repatriated refugees and displaced persons, in recognition of their entitlement to live in peace and security, free from intimidation and coercion of any kind.
These rights would include, inter alia, freedom of movement within Cambodia, the choice of domicile and employment, and the right to property.
Page 21, Annex 5 Principles for a New Constitution for Cambodia: 2. Cambodia's tragic recent history requires special measures lo assure protection of human rights. Therefore, the constitution will contain a declaration of fundamental rights, including the rights to life, personal liberty, security, freedom of movement, freedom of religion, assembly and association including political parties and trade unions, due process and equality before the law, protection from arbitrary deprivation of property or deprivation of private property without just compensation, and freedom from racial, ethnic, religious or sexual discrimination. It will prohibit the retroactive application of criminal law. The declaration will be consistent with the provisions of the Universal Declaration of Human Rights and other relevant international instruments. Aggrieved individuals will be entitled to have the courts adjudicate and enforce these rights.Human rights and equality→Civil and political rights→Freedom of associationPage 19, Annex 3, Elections: 9. The freedoms of speech, assembly and movement will be fully respected. All registered political parties will enjoy fair access to the media, including the press, television and radio.
Page 21, Annex 5 Principles for a New Constitution for Cambodia: 2. Cambodia's tragic recent history requires special measures lo assure protection of human rights. Therefore, the constitution will contain a declaration of fundamental rights, including the rights to life, personal liberty, security, freedom of movement, freedom of religion, assembly and association including political parties and trade unions, due process and equality before the law, protection from arbitrary deprivation of property or deprivation of private property without just compensation, and freedom from racial, ethnic, religious or sexual discrimination. It will prohibit the retroactive application of criminal law. The declaration will be consistent with the provisions of the Universal Declaration of Human Rights and other relevant international instruments. Aggrieved individuals will be entitled to have the courts adjudicate and enforce these rights.Human rights and equality→Civil and political rights→Fair trialPage 21, Annex 5 Principles for a New Constitution for Cambodia: 2. Cambodia's tragic recent history requires special measures lo assure protection of human rights. Therefore, the constitution will contain a declaration of fundamental rights, including the rights to life, personal liberty, security, freedom of movement, freedom of religion, assembly and association including political parties and trade unions, due process and equality before the law, protection from arbitrary deprivation of property or deprivation of private property without just compensation, and freedom from racial, ethnic, religious or sexual discrimination. It will prohibit the retroactive application of criminal law. The declaration will be consistent with the provisions of the Universal Declaration of Human Rights and other relevant international instruments. Aggrieved individuals will be entitled to have the courts adjudicate and enforce these rights.Human rights and equality→Civil and political rights→Vote and take partPage 18, Annex 3, Elections: 3. All Cambodians, including those who at the time of signature of this Agreement are Cambodian refugees and displaced persons, will have the same rights, freedoms and opportunities to take part in the electoral process.
Page 19, Annex 3 Elections: 4. Every person who has reached the age of eighteen at the time of application to register, or who turns eighteen during the registration period, and who either was born in Cambodia or is the child of a person born in Cambodia, will be eligible to vote in the election.
Page 21, Annex 5 Principles for a New Constitution for Cambodia: 4. The constitution will state that Cambodia will follow a system of liberal democracy, on the basis of pluralism. It will provide for periodic and genuine elections. It will provide for the right to vote and to be elected by universal and equal suffrage. It will provide for voting by secret ballot, with a requirement that electoral procedures provide a full and fair opportunity to organize and participate in the electoral process.Human rights and equality→Civil and political rights→Thought, opinion, conscience and religionPage 19, Annex 3, Elections: 9. The freedoms of speech, assembly and movement will be fully respected. All registered political parties will enjoy fair access to the media, including the press, television and radio. - Socio-economic rights
- Human rights and equality→Socio-economic rights→PropertyPage 19, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part II Conditions Conducive to The Return of Refugees and Displaced Persons: 4. There must be full respect for the human rights and fundamental freedoms of all Cambodians, including those of the repatriated refugees and displaced persons, in recognition of their entitlement to live in peace and security, free from intimidation and coercion of any kind.
These rights would include, inter alia, freedom of movement within Cambodia, the choice of domicile and employment, and the right to property.
Page 21, Annex 5 Principles for a New Constitution for Cambodia: 2. Cambodia's tragic recent history requires special measures lo assure protection of human rights. Therefore, the constitution will contain a declaration of fundamental rights, including the rights to life, personal liberty, security, freedom of movement, freedom of religion, assembly and association including political parties and trade unions, due process and equality before the law, protection from arbitrary deprivation of property or deprivation of private property without just compensation, and freedom from racial, ethnic, religious or sexual discrimination. It will prohibit the retroactive application of criminal law. The declaration will be consistent with the provisions of the Universal Declaration of Human Rights and other relevant international instruments. Aggrieved individuals will be entitled to have the courts adjudicate and enforce these rights.Human rights and equality→Socio-economic rights→WorkPage 19, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part II Conditions Conducive to The Return of Refugees and Displaced Persons: 4. There must be full respect for the human rights and fundamental freedoms of all Cambodians, including those of the repatriated refugees and displaced persons, in recognition of their entitlement to live in peace and security, free from intimidation and coercion of any kind.
These rights would include, inter alia, freedom of movement within Cambodia, the choice of domicile and employment, and the right to property.Human rights and equality→Socio-economic rights→Shelter/housingPage 19, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part II Conditions Conducive to The Return of Refugees and Displaced Persons: 4. There must be full respect for the human rights and fundamental freedoms of all Cambodians, including those of the repatriated refugees and displaced persons, in recognition of their entitlement to live in peace and security, free from intimidation and coercion of any kind.
These rights would include, inter alia, freedom of movement within Cambodia, the choice of domicile and employment, and the right to property.
Rights related issues
- Citizenship
- Rights related issues→Citizenship→Citizens, specific rightsPage 5, Part III: Human Rights, Article 15: 1. All persons in Cambodia and all Cambodian refugees and displaced persons shall enjoy the rights and freedoms embodied in the Universal Declaration of Human Rights and other relevant international human rights instruments.
Page 5, Part III: Human Rights, Article 15: 2. To this end,
a. Cambodia undertakes:
... - to support the right of all Cambodian citizens to undertake activities which would promote and protect human rights and fundamental freedoms;...
Page 19, Annex 3 Elections: 4. Every person who has reached the age of eighteen at the time of application to register, or who turns eighteen during the registration period, and who either was born in Cambodia or is the child of a person born in Cambodia, will be eligible to vote in the election. - Democracy
- Page 21, Annex 5 Principles for a New Constitution for Cambodia: 4. The constitution will state that Cambodia will follow a system of liberal democracy, on the basis of pluralism. It will provide for periodic and genuine elections. It will provide for the right to vote and to be elected by universal and equal suffrage. It will provide for voting by secret ballot, with a requirement that electoral procedures provide a full and fair opportunity to organize and participate in the electoral process.
- Detention procedures
No specific mention.
- Media and communication
- Rights related issues→Media and communication→Governance of mediaPage 11, Annex 1, UNTAC Mandate, Section D Elections: 3. In the exercise of its responsibilities in relation to the electoral process, the specific authority of UNTAC will include the following:
...f. Ensuring fair access to the media, including press, television and radio, for all political parties contesting in the election;Rights related issues→Media and communication→Media rolesPage 11, Annex 1, UNTAC Mandate, Section D Elections: 3. In the exercise of its responsibilities in relation to the electoral process, the specific authority of UNTAC will include the following:
...f. Ensuring fair access to the media, including press, television and radio, for all political parties contesting in the election;
Page 19, Annex 3, Elections: 9. The freedoms of speech, assembly and movement will be fully respected. All registered political parties will enjoy fair access to the media, including the press, television and radio. - Mobility/access
- Page 7, Part IX: Final Provisions, Article 27: The Signatories shall provide their full cooperation to the United Nations to ensure the implementation of its mandate, including by the provision of privileges and immunities, and by facilitating freedom of movement and communication within and through their respective territories.
In carrying out its mandate, UNTAC shall exercise due respect for the sovereignty of all States neighbouring Cambodia.
Page 16, Annex 2, Withdrawal, Cease-fire and Related Measures, Article VI Verification of withdrawal from Cambodia and non-return of all categories of foreign forces: 2. On the basis of the information provided in accordance with paragraph 1 above, UNTAC will undertake an investigation in the manner it deems appropriate. The Party providing the information will be required to make personnel available to accompany UNTAC investigators.
Page 20, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part III Operational Factors: 8. Consistent with respect for principles of national sovereignty in the countries of temporary refuge and origin, and in close cooperation with the countries of temporary refuge and origin, full access by the Office of the United Nations High Commissioner for Refugees (UNHCR), ICRC and other relevant international agencies should be guaranteed to all Cambodian refugees and displaced persons, with a view to the agencies undertaking the census, tracing, medical assistance, food distribution and other activities vital to the discharge of their mandate and operational responsibilities; such access should also be provided in Cambodia to enable the relevant international organizations to carry out their traditional monitoring as well as operational responsibilities.
Page 20, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part III Operational Factors: 12. Those responsible for organizing and supervising the repatriation operation will need to ensure that conditions of security are created for the movement of the refugees and displaced persons.
In this respect, it is imperative that appropriate border crossing points and routes be designated and cleared of mines and other hazards. - Protection measures
- Rights related issues→Protection measures→Protection of civiliansPage 18,
Article XII: Repatriation and resettlement of displaced Cambodians
The military component of UNTAC will provide assistance as necessary in the repatriation of
Cambodian refugees and displaced persons carried out in accordance with Articles 19 and 20 of this
Agreement, in particular in the clearing of mines from repatriation routes, reception centres and
resettlement areas, as well as in the protection of the reception centres.Rights related issues→Protection measures→OtherPage 10,
5. Section B: Civil Administration
b. All civil police will operate under UNTAC supervision or control, in order to ensure
that law and order are maintained effectively and impartially, and that human rights and
fundamental freedoms are fully protected - Other
- Page 18, Annex 3, Elections: 3. All Cambodians, including those who at the time of signature of this Agreement are Cambodian refugees and displaced persons, will have the same rights, freedoms and opportunities to take part in the electoral process.
Page 19, Annex 3 Elections: 4. Every person who has reached the age of eighteen at the time of application to register, or who turns eighteen during the registration period, and who either was born in Cambodia or is the child of a person born in Cambodia, will be eligible to vote in the election.
Page 19, Annex 3, Elections: 9. The freedoms of speech, assembly and movement will be fully respected. All registered political parties will enjoy fair access to the media, including the press, television and radio.
Page 19, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part II Conditions Conducive to The Return of Refugees and Displaced Persons: 4. There must be full respect for the human rights and fundamental freedoms of all Cambodians, including those of the repatriated refugees and displaced persons, in recognition of their entitlement to live in peace and security, free from intimidation and coercion of any kind.
These rights would include, inter alia, freedom of movement within Cambodia, the choice of domicile and employment, and the right to property.
Rights institutions
- NHRI
No specific mention.
- Regional or international human rights institutions
- Rights institutions→Regional or international human rights institutions→Body taskedPage 5, Part III: Human Rights, Article 16: UNTAC shall be responsible during the transitional period for fostering an environment in which respect for human rights shall be ensured, based on the provisions of annex 1, section E.
Page 6, Part III: Human Rights, Article 17: After the end of the transitional period, the United Nations Commission on Human Rights should continue to monitor closely the human rights situation in Cambodia, including, if necessary, by the appointment of a Special Rapporteur who would report his findings annually to the Commission and to the General Assembly.
Page 12, Annex 1, UNTAC Mandate, Section E Human Rights: In accordance with Article 16, UNTAC will make provisions for:
a. The development and implementation of a programme of human rights education to promote respect for and understanding of human rights;
b. General human rights oversight during the transitional period;
c. The investigation of human rights complaints and, [sic] where appropriate, corrective action.
Justice sector reform
- Criminal justice and emergency law
- Justice sector reform→Criminal justice and emergency law→Reform to specific lawsPage 11, Annex 1, UNTAC Mandate, Section D Elections: 3. In the exercise of its responsibilities in relation to the electoral process, the specific authority of UNTAC will include the following:
...b. The suspension or abrogation, in consultation with the SNC, of provisions of existing laws which could defeat the objects and purposes of this Agreement;
Page 21, Annex 5 Principles for a New Constitution for Cambodia: 2. Cambodia's tragic recent history requires special measures lo assure protection of human rights. Therefore, the constitution will contain a declaration of fundamental rights, including the rights to life, personal liberty, security, freedom of movement, freedom of religion, assembly and association including political parties and trade unions, due process and equality before the law, protection from arbitrary deprivation of property or deprivation of private property without just compensation, and freedom from racial, ethnic, religious or sexual discrimination. It will prohibit the retroactive application of criminal law. The declaration will be consistent with the provisions of the Universal Declaration of Human Rights and other relevant international instruments. Aggrieved individuals will be entitled to have the courts adjudicate and enforce these rights. - State of emergency provisions
No specific mention.
- Judiciary and courts
- Page 10, Annex 1, Section B Civil Administration, 5: b. All civil police will operate under UNTAC supervision or control, in order to ensure that law and order are maintained effectively and impartially, and that human rights and fundamental freedoms are fully protected. In consultation with the SNC, UNTAC will supervise other law enforcement and judicial processes throughout Cambodia to the extent necessary to ensure the attainment of these objectives.
Page 21, Annex 5 Principles for a New Constitution for Cambodia: 2. ... Aggrieved individuals will be entitled to have the courts adjudicate and enforce these rights.
Page 21, Annex 5 Principles for a New Constitution for Cambodia: 5. An independent judiciary will be established, empowered to enforce the rights provided under 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→Humanitarian assistancePage 20, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part III Operational Factors: 8. Consistent with respect for principles of national sovereignty in the countries of temporary refuge and origin, and in close cooperation with the countries of temporary refuge and origin, full access by the Office of the United Nations High Commissioner for Refugees (UNHCR), ICRC and other relevant international agencies should be guaranteed to all Cambodian refugees and displaced persons, with a view to the agencies undertaking the census, tracing, medical assistance, food distribution and other activities vital to the discharge of their mandate and operational responsibilities; such access should also be provided in Cambodia to enable the relevant international organizations to carry out their traditional monitoring as well as operational responsibilities.
Page 20, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part III Operational Factors: 11. Adequately monitored short-term repatriation assistance should be provided on an impartial basis to enable the families and individuals returning to Cambodia to establish their lives and livelihoods harmoniously in their society. These interim measures would be phased out and replaced in the longer term by the reconstruction programme.Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstructionPage 7, Part VIII: Rehabilitation and Reconstruction, Article 24: The Signatories urge the international community to provide economic and financial support for the rehabilitation and reconstruction of Cambodia, as provided in a separate declaration. - National economic plan
No specific mention.
- Natural resources
- Page 19, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part II Conditions Conducive to The Return of Refugees and Displaced Persons: 2. The task of rebuilding the Cambodian nation will require the harnessing of all its human and natural resources. To this end, the return to the place of their choice of Cambodians from their temporary refuge and elsewhere outside their country of origin will make a major contribution.
- International funds
- Page 6, Part V: Refugees and Displaced Persons, Article 20: 2) The Signatories request the Secretary-General of the United Nations to facilitate the repatriation in safety and dignity of Cambodian refugees and displaced persons, as an integral part of the comprehensive political settlement and under the overall authority of the Special Representative of the Secretary-General, in accordance with the guidelines and principles on the repatriation of refugees and displaced persons as set forth in annex 4.
Page 7, Part VIII: Rehabilitation and Reconstruction, Article 24: The Signatories urge the international community to provide economic and financial support for the rehabilitation and reconstruction of Cambodia, as provided in a separate declaration.
Page 7, Part IX: Final Provisions, Article 26: The Signatories request other States, international organizations and other bodies to cooperate and assist in the implementation of this Agreement and in the fulfilment by UNTAC of its mandate.
Page 21, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part III Operational Factors: 13. The international community should contribute generously to the financial requirements of the repatriation operation. - Business
No specific mention.
- Taxation
No specific mention.
- Banks
No specific mention.
Land, property and environment
- Land reform/rights
- Land, property and environment→Land reform/rights→Property return and restitutionPage 21, Annex 5 Principles for a New Constitution for Cambodia: 2. Cambodia's tragic recent history requires special measures lo assure protection of human rights. Therefore, the constitution will contain a declaration of fundamental rights, including the rights to life, personal liberty, security, freedom of movement, freedom of religion, assembly and association including political parties and trade unions, due process and equality before the law, protection from arbitrary deprivation of property or deprivation of private property without just compensation, and freedom from racial, ethnic, religious or sexual discrimination. It will prohibit the retroactive application of criminal law. The declaration will be consistent with the provisions of the Universal Declaration of Human Rights and other relevant international instruments. Aggrieved individuals will be entitled to have the courts adjudicate and enforce these rights.
- 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 4, Section III : Supreme National Council, Article 6: The SNC hereby delegates to the United Nations all powers necessary to ensure the implementation of this Agreement, as described in annex 1.
In order to ensure a neutral political environment conducive to free and fair general elections, administrative agencies, bodies and offices which could directly influence the outcome of elections will be placed under direct United Nations supervision or control. In that context, special attention will be given to foreign affairs, national defence, finance, public security and information. To reflect the importance of these subjects, UNTAC needs to exercise such control as is necessary to ensure the strict neutrality of the bodies responsible for them. The United Nations, in consultation with the SNC, will identify which agencies, bodies and offices could continue to operate in order to ensure normal day-to-day life in the country. - Ceasefire
- Security sector→Ceasefire→Ceasefire provisionPage 4, Section V: Cease-Fire and Cessation of Outside Military Assistance, Article 9:
The cease-fire shall take effect at the time this Agreement enters into force. All forces shall immediately disengage and refrain from all hostilities and from any deployment, movement or action which would extend the territory they control or which might lead to renewed fighting.
The Signatories hereby invite the Security Council of the United Nations to request the Secretary- General to provide good offices to assist in this process until such time as the military component of UNTAC is in position to supervise, monitor and verify it.
Page 4, Section V: Cease-Fire and Cessation of Outside Military Assistance, Article 11:
The objectives of military arrangements during the transitional period shall be to stabilize the security situation and build confidence among the parties to the conflict, so as to reinforce the purposes of this Agreement and to prevent the risks of a return to warfare.
Detailed provisions regarding UNTAC's supervision, monitoring, and verification of the cease-fire and related measures, including verification of the withdrawal of foreign forces and the regrouping, cantonment and ultimate disposition of all Cambodian forces and their weapons during the transitional period are set forth in annex 1, section C, and annex 2.
Page 10, Annex 1, UNTAC Mandate, Section C Military Functions: 1. UNTAC will supervise, monitor and verify the withdrawal of foreign forces, the cease-fire and related measures in accordance with annex 2, including:
Page 12, Annex 2, Withdrawal, Cease-fire and Related Measures, Article I Cease-fire: 1. All Cambodian Parties (hereinafter referred to as "the Parties") agree to observe a comprehensive cease-fire on land and water and in the air. This cease-fire will be implemented in two phases. During the first phase, the cease-fire will be observed with the assistance of the Secretary General of the United Nations through his good offices. During the second phase, which should commence as soon as possible, the cease-fire will be supervised, monitored and verified by UNTAC. The Commander of the military component of UNTAC, in consultation with the Parties, shall determine the exact time and date at which the second phase will commence. This date will be set at least four weeks in advance of its coming into effect.
Page 12, Annex 2, Withdrawal, Cease-fire and Related Measures, Article I Cease-fire: 2. The Parties undertake that, upon the signing of this Agreement, they will observe a cease-fire and will order their armed forces immediately to disengage and refrain from all hostilities and any deployment, movement or action that would extend the territory they control or that might lead to a resumption of fighting, pending the commencement of the second phase. "Forces" are agreed to include all regular, provincial, district, paramilitary and other auxiliary forces.
During the first phase, the Secretary-General of the United Nations will provide his good offices to the Parties to assist them in its observance. The Parties undertake to cooperate with the Secretary-General or his representatives in the exercise of his good offices in this regard.
Page 13, Annex 2, Withdrawal, Cease-fire and Related Measures, Article I Cease-fire: 3. The Parties agree that, immediately upon the signing of this Agreement, the following information will be provided to the United Nations:
a. Total strength of their forces, organization, precise number and location of deployments inside and outside Cambodia. The deployment will be depicted on a map marked with locations of all troop positions, occupied or unoccupied, including staging camps, supply bases and supply routes;
b. Comprehensive lists of arms, ammunition and equipment held by their forces, and the exact locations at which those arms, ammunition and equipment are deployed;
c. Detailed record of their minefields, including types and characteristics of mines laid and information of booby traps used by them together with any information available to them about minefields laid or booby traps used by the other Parties;
d. Total strength of their police forces, organization, precise numbers and locations of deployments as well as comprehensive lists of their arms, ammunition and equipment and the exact locations at which those arms, ammunition and equipment are deployed.
Page 13, Annex 2, Withdrawal, Cease-fire and Related Measures, Article I Cease-fire: 4. Immediately upon his arrival in Cambodia, and not later than four weeks before the beginning of the second phase, the Commander of the military component of UNTAC will, in consultation with the Parties, finalize UNTAC's plan for the regroupment and cantonment of the forces of the Parties and for the storage of their arms, ammunition and equipment, in accordance with Article lll of this annex. This plan will include the designation of regroupment and cantonment areas, as well as an agreed timetable. The cantonment areas will be established at battalion size or larger.
Page 13, Annex 2, Withdrawal, Cease-fire and Related Measures, Article I Cease-fire: 5. The Parties agree to take steps to inform their forces at least two weeks before the beginning of the second phase, using all possible means of communication, about the agreed date and time of the beginning of the second phase, about the agreed plan for the regroupment and cantonment of their forces and for the storage of their arms, ammunition and equipment and, in particular, about the exact locations of the regroupment areas to which their forces are to report. Such information will continue to be disseminated for a period of four weeks after the beginning of the second phase.
Page 13, Annex 2, Withdrawal, Cease-fire and Related Measures, Article I Cease-fire: 6. The Parties shall scrupulously observe the cease-fire and will not resume any hostilities by land, water or air. The commanders of their armed forces will ensure that all troops under their command remain on their respective positions, pending their movement to the designated regroupment areas, and refrain from all hostilities and from any deployment or movement or action which would extend the territory they control or which might lead to a resumption of fighting.
Page 13, Annex 2, Withdrawal, Cease-fire and Related Measures, Article I Cease-fire: Article II: Liaison system and Mixed Military Working Group: A Mixed Military Working Group (MMWG) will be established with a view to resolving any problems that may arise in the observance of the cease-fire. It will be chaired by the most senior United Nations military officer in Cambodia or his representative. Each Party agrees to designate an officer of the rank of brigadier or equivalent to serve on the MMWG. Its composition, method of operation and meeting places will be determined by the most senior United Nations military officer in consultation with the Parties. Similar liaison arrangements will be made at lower military command levels to resolve practical problems on the ground.
Page 16, Annex 2, Withdrawal, Cease-fire and Related Measures, Article VI Verification of withdrawal from Cambodia and non-return of all categories of foreign forces:
1. UNTAC shall be provided, no later than two weeks before the commencement of the second phase of the cease-fire, with detailed information in writing regarding the withdrawal of foreign forces. This information shall include the following elements:
a. Total strength of these forces and their organization and deployment;
b. Comprehensive lists of arms, ammunition and equipment held by these forces, and their exact locations;
c. Withdrawal plan (already implemented or to be implemented), including withdrawal routes, border crossing points and time of departure from Cambodia. - Police
- Page 10, Annex 1, Section B Civil Administration, 5: a. On the basis of the information provided in Article 1, paragraph 3, of annex 2, the Special Representative of the Secretary-General will determine, after consultation with the Cambodian Parties, those civil police necessary to perform law enforcement in Cambodia. All Cambodian Parties hereby undertake to comply with the determination made by the Special Representative in this regard;
Page 10, Annex 1, Section B Civil Administration, 5: b. All civil police will operate under UNTAC supervision or control, in order to ensure that law and order are maintained effectively and impartially, and that human rights and fundamental freedoms are fully protected. In consultation with the SNC, UNTAC will supervise other law enforcement and judicial processes throughout Cambodia to the extent necessary to ensure the attainment of these objectives.
Page 13, Annex 2, Withdrawal, Cease-fire and Related Measures, Article I Cease-fire: 3. The Parties agree that, immediately upon the signing of this Agreement, the following information will be provided to the United Nations:
...d. Total strength of their police forces, organization, precise numbers and locations of deployments as well as comprehensive lists of their arms, ammunition and equipment and the exact locations at which those arms, ammunition and equipment are deployed. - Armed forces
- Page 4, Section V: Cease-Fire and Cessation of Outside Military Assistance, Article 11:
The objectives of military arrangements during the transitional period shall be to stabilize the security situation and build confidence among the parties to the conflict, so as to reinforce the purposes of this Agreement and to prevent the risks of a return to warfare.
Detailed provisions regarding UNTAC's supervision, monitoring, and verification of the cease-fire and related measures, including verification of the withdrawal of foreign forces and the regrouping, cantonment and ultimate disposition of all Cambodian forces and their weapons during the transitional period are set forth in annex 1, section C, and annex 2.
Page 7, Part IX: Final Provisions, Article 28: ...2. The signature on behalf of Cambodia by the members of the SNC shall commit all Cambodian parties and armed forces to the provisions of this Agreement.
Page 10, Annex 1, UNTAC Mandate, Section C Military Functions: 2. UNTAC will supervise the regrouping and relocating of all forces to specifically designated cantonment areas on the basis of an operational timetable to be agreed upon, in accordance with annex 2.
Page 10, Annex 1, UNTAC Mandate, Section C Military Functions: 3. As the forces enter the cantonments, UNTAC will initiate the process of arms control and reduction specified in annex 2.
Page 10, Annex 1, UNTAC Mandate, Section C Military Functions: 4. UNTAC will take necessary steps regarding the phased process of demobilization of the military forces of the parties, in accordance with annex 2.
Page 12, Annex 2, Withdrawal, Cease-fire and Related Measures, Article I Cease-fire: 2. The Parties undertake that, upon the signing of this Agreement, they will observe a cease-fire and will order their armed forces immediately to disengage and refrain from all hostilities and any deployment, movement or action that would extend the territory they control or that might lead to a resumption of fighting, pending the commencement of the second phase. "Forces" are agreed to include all regular, provincial, district, paramilitary and other auxiliary forces.
During the first phase, the Secretary-General of the United Nations will provide his good offices to the Parties to assist them in its observance. The Parties undertake to cooperate with the Secretary-General or his representatives in the exercise of his good offices in this regard.
Page 13, Annex 2, Withdrawal, Cease-fire and Related Measures, Article I Cease-fire: 4. Immediately upon his arrival in Cambodia, and not later than four weeks before the beginning of the second phase, the Commander of the military component of UNTAC will, in consultation with the Parties, finalize UNTAC's plan for the regroupment and cantonment of the forces of the Parties and for the storage of their arms, ammunition and equipment, in accordance with Article lll of this annex. This plan will include the designation of regroupment and cantonment areas, as well as an agreed timetable. The cantonment areas will be established at battalion size or larger.
Page 13, Annex 2, Withdrawal, Cease-fire and Related Measures, Article I Cease-fire: 5. The Parties agree to take steps to inform their forces at least two weeks before the beginning of the second phase, using all possible means of communication, about the agreed date and time of the beginning of the second phase, about the agreed plan for the regroupment and cantonment of their forces and for the storage of their arms, ammunition and equipment and, in particular, about the exact locations of the regroupment areas to which their forces are to report. Such information will continue to be disseminated for a period of four weeks after the beginning of the second phase.
Page 15, Annex 2, Withdrawal, Cease-fire and Related Measures, Article V: Ultimate disposition of the forces of the Parties and of their arms, ammunition and equipment: 2. The Cambodian Parties hereby commit themselves to demobilize all their remaining forces before or shortly after the elections and, to the extent that full demobilization is unattainable, to respect and abide by whatever decision the newly elected government that emerges in accordance with Article 12 of this Agreement takes with regard to the incorporation of parts or all of those forces into a new national army. Upon completion of the demobilization referred to in paragraph 1, the Cambodian Parties and the Special Representative of the Secretary General shall undertake a review regarding the final disposition of the forces remaining in the cantonments, with a view to determining which of the following shall apply:
a. If the Parties agree to proceed with the demobilization of all or some of the forces remaining in the cantonments, preferably prior to or otherwise shortly after the elections, the Special Representative shall prepare a timetable for so doing, in consultation with them;
b. Should total demobilization of all of the residual forces before or shortly after the elections not be possible, the Parties hereby undertake to make available all of their forces remaining in cantonments to the newly elected government that emerges in accordance with Article 12 of this Agreement, for consideration for incorporation into a new national army. They further agree that any such forces which are not incorporated into the new national army will be demobilized forthwith according to a plan to be prepared by the Special Representative. With regard to the ultimate disposition of the remaining forces and all the arms, ammunition and equipment, UNTAC, as it withdraws from Cambodia, shall retain such authority as is necessary to ensure an orderly transfer to the newly elected government of those responsibilities it has exercised during the transitional period.
Page 17, Annex 2, Withdrawal, Cease-fire and Related Measures, Article VII: Cessation of outside military assistance to all Cambodian Parties: 2. The Signatories whose territory is adjacent to Cambodia, namely, the Governments of the Lao People's Democratic Republic, the Kingdom of Thailand and the Socialist Republic of Viet Nam, undertake to:
...b. Provide written confirmation to the Commander of the military component of UNTAC, not later than four weeks after the second phase of the cease-fire begins, that no forces, arms, ammunition or military equipment of any of the Cambodian Parties are present on their territories;
Page 17, Annex 2, Withdrawal, Cease-fire and Related Measures, Article VIII: Caches of weapons and military supplies: 1. In order to stabilize the security situation, build confidence and reduce arms and military supplies throughout Cambodia, each Party agrees to provide to the Commander of the military component of UNTAC, before a date to be determined by him, all information at its disposal, including marked maps, about known or suspected caches of weapons and military supplies throughout Cambodia.
Page 17, Annex 2, Withdrawal, Cease-fire and Related Measures, Article IX Unexploded ordnance devices: 2. The Parties agree that, after completion of the regroupment and cantonment processes in accordance with Article III of the present annex, they will make available mine-clearing teams which, under the supervision and control of UNTAC military personnel, will leave the cantonment areas in order to assist in removing, disarming or deactivating remaining unexploded ordnance devices. Those mines or objects which cannot be removed, disarmed or deactivated will be clearly marked in accordance with a system to be devised by the military component of UNTAC. - DDR
- Security sector→DDR→Demilitarisation provisionsPage 4, Section V: Cease-Fire and Cessation of Outside Military Assistance, Article 11:
The objectives of military arrangements during the transitional period shall be to stabilize the security situation and build confidence among the parties to the conflict, so as to reinforce the purposes of this Agreement and to prevent the risks of a return to warfare.
Detailed provisions regarding UNTAC's supervision, monitoring, and verification of the cease-fire and related measures, including verification of the withdrawal of foreign forces and the regrouping, cantonment and ultimate disposition of all Cambodian forces and their weapons during the transitional period are set forth in annex 1, section C, and annex 2.
Page 10, Annex 1, UNTAC Mandate, Section C Military Functions: 2. UNTAC will supervise the regrouping and relocating of all forces to specifically designated cantonment areas on the basis of an operational timetable to be agreed upon, in accordance with annex 2.
Page 10, Annex 1, UNTAC Mandate, Section C Military Functions: 3. As the forces enter the cantonments, UNTAC will initiate the process of arms control and reduction specified in annex 2.
Page 10, Annex 1, UNTAC Mandate, Section C Military Functions: 4. UNTAC will take necessary steps regarding the phased process of demobilization of the military forces of the parties, in accordance with annex 2.
Page 13, Annex 2, Withdrawal, Cease-fire and Related Measures, Article I Cease-fire: 4. Immediately upon his arrival in Cambodia, and not later than four weeks before the beginning of the second phase, the Commander of the military component of UNTAC will, in consultation with the Parties, finalize UNTAC's plan for the regroupment and cantonment of the forces of the Parties and for the storage of their arms, ammunition and equipment, in accordance with Article lll of this annex. This plan will include the designation of regroupment and cantonment areas, as well as an agreed timetable. The cantonment areas will be established at battalion size or larger.
Page 14, Annex 2, Withdrawal, Cease-fire and Related Measures, Article III: Regroupment and cantonment of the forces of the Parties and storage of their arms, ammunition and equipment: 1. In accordance with the operational timetable referred to in paragraph 4 of Article I of the present annex, all forces of the Parties that are not already in designated cantonment areas will report to designated regroupment areas, which will be established and operated by the military component of UNTAC. These regroupment areas will be established and operational not later than one week prior to the date of the beginning of the second phase. The Parties agree to arrange for all their forces, with all their arms, ammunition and equipment, to report to regroupment areas within two weeks after the beginning of the second phase. All personnel who have reported to the regroupment areas will thereafter be escorted by personnel of the military component of UNTAC, with their arms, ammunition and equipment, to designated cantonment areas. All Parties agree to ensure that personnel reporting to the regroupment areas will be able to do so in full safety and without any hindrance.
Page 14, Annex 2, Withdrawal, Cease-fire and Related Measures, Article III: Regroupment and cantonment of the forces of the Parties and storage of their arms, ammunition and equipment: 2. On the basis of the information provided in accordance with paragraph 3 of Article I of the present annex, UNTAC will confirm that the regroupment and cantonment processes have been completed in accordance with the plan referred to in paragraph 4 of Article I of this annex. UNTAC will endeavour to complete these processes within four weeks from the date of the beginning of the second phase. On the completion of regroupment of all forces and of their movement to cantonment areas, respectively, the Commander of the military component of UNTAC will so inform each of the four Parties.
Page 14, Annex 2, Withdrawal, Cease-fire and Related Measures, Article III: Regroupment and cantonment of the forces of the Parties and storage of their arms, ammunition and equipment: 3. The Parties agree that, as their forces enter the designated cantonment areas, their personnel will be instructed by their commanders to immediately hand over all their arms, ammunition and equipment to UNTAC for storage in the custody of UNTAC.
Page 14, Annex 2, Withdrawal, Cease-fire and Related Measures, Article III: Regroupment and cantonment of the forces of the Parties and storage of their arms, ammunition and equipment: 4. UNTAC will check the arms, ammunition and equipment handed over to it against the lists referred to in paragraph 3. b) of Article I of this annex, in order to verify that all the arms, ammunition and equipment in the possession of the Parties have been placed under its custody.
Page 14, Annex 2, Withdrawal, Cease-fire and Related Measures, Article IV: Resupply of forces during cantonment: The military component of UNTAC will supervise the resupply of all forces of the Parties during the regroupment and cantonment processes. Such resupply will be confined to items of a non-lethal nature such as food, water, clothing and medical supplies as well as provision of medical care.
Page 14, Annex 2, Withdrawal, Cease-fire and Related Measures, Article V: Ultimate disposition of the forces of the Parties and of their arms, ammunition and equipment: 1. In order to reinforce the objectives of a comprehensive political settlement, minimize the risks of a return to warfare, stabilize the security situation and build confidence among the Parties to the conflict, all Parties agree to undertake a phased and balanced process of demobilization of at least 70 per cent of their military forces. This process shall be undertaken in accordance with a detailed plan to be drawn up by UNTAC on the basis of the information provided under Article I of this annex and in consultation with the Parties. It should be completed prior to the end of the process of registration for the elections and on a date to be determined by the Special Representative of the Secretary General.
Page 15, Annex 2, Withdrawal, Cease-fire and Related Measures, Article V: Ultimate disposition of the forces of the Parties and of their arms, ammunition and equipment: 2. The Cambodian Parties hereby commit themselves to demobilize all their remaining forces before or shortly after the elections and, to the extent that full demobilization is unattainable, to respect and abide by whatever decision the newly elected government that emerges in accordance with Article 12 of this Agreement takes with regard to the incorporation of parts or all of those forces into a new national army. Upon completion of the demobilization referred to in paragraph 1, the Cambodian Parties and the Special Representative of the Secretary General shall undertake a review regarding the final disposition of the forces remaining in the cantonments, with a view to determining which of the following shall apply:
a. If the Parties agree to proceed with the demobilization of all or some of the forces remaining in the cantonments, preferably prior to or otherwise shortly after the elections, the Special Representative shall prepare a timetable for so doing, in consultation with them;
b. Should total demobilization of all of the residual forces before or shortly after the elections not be possible, the Parties hereby undertake to make available all of their forces remaining in cantonments to the newly elected government that emerges in accordance with Article 12 of this Agreement, for consideration for incorporation into a new national army. They further agree that any such forces which are not incorporated into the new national army will be demobilized forthwith according to a plan to be prepared by the Special Representative. With regard to the ultimate disposition of the remaining forces and all the arms, ammunition and equipment, UNTAC, as it withdraws from Cambodia, shall retain such authority as is necessary to ensure an orderly transfer to the newly elected government of those responsibilities it has exercised during the transitional period.
Page 15, Annex 2, Withdrawal, Cease-fire and Related Measures, Article V: Ultimate disposition of the forces of the Parties and of their arms, ammunition and equipment: 3. UNTAC will assist, as required, with the reintegration into civilian life of the forces demobilized prior to the elections.
Page 15, Annex 2, Withdrawal, Cease-fire and Related Measures, Article V: Ultimate disposition of the forces of the Parties and of their arms, ammunition and equipment: 4.
a. UNTAC will control and guard all the arms, ammunition and equipment of the Parties throughout the transitional period;
b. As the cantoned forces are demobilized in accordance with paragraph 1 above, there will be a parallel reduction by UNTAC of the arms, ammunition and equipment stored on site in the cantonment areas. For the forces remaining in the cantonment areas, access to their arms, ammunition and equipment shall only be on the basis of the explicit authorization of the Special Representative of the Secretary-General;
c. If there is a further demobilization of the military forces in accordance with paragraph 2. a) above, there will be a commensurate reduction by UNTAC of the arms, ammunition and equipment stored on site in the cantonment areas;
d. The ultimate disposition of all arms, ammunition and equipment will be determined by the government that emerges through the free and fair elections in accordance with Article 12 of this Agreement.
Page 17, Annex 2, Withdrawal, Cease-fire and Related Measures, Article VIII Caches of weapons and military supplies: 1. In order to stabilize the security situation, build confidence and reduce arms and military supplies throughout Cambodia, each Party agrees to provide to the Commander of the military component of UNTAC, before a date to be determined by him, all information at its disposal, including marked maps, about known or suspected caches of weapons and military supplies throughout Cambodia.
Page 17, Annex 2, Withdrawal, Cease-fire and Related Measures, Article VIII Caches of weapons and military supplies: 2. On the basis of information received, the military component of UNTAC shall, after the date referred to in paragraph 1, deploy verification teams to investigate each report and destroy each cache found. - Intelligence services
No specific mention.
- Parastatal/rebel and opposition group forces
- Page 12, Annex 2, Withdrawal, Cease-fire and Related Measures, Article I Cease-fire: 2. The Parties undertake that, upon the signing of this Agreement, they will observe a cease-fire and will order their armed forces immediately to disengage and refrain from all hostilities and any deployment, movement or action that would extend the territory they control or that might lead to a resumption of fighting, pending the commencement of the second phase. "Forces" are agreed to include all regular, provincial, district, paramilitary and other auxiliary forces.
During the first phase, the Secretary-General of the United Nations will provide his good offices to the Parties to assist them in its observance. The Parties undertake to cooperate with the Secretary-General or his representatives in the exercise of his good offices in this regard.
~
Page 4, Section V: Cease-Fire and Cessation of Outside Military Assistance, Article 11:
The objectives of military arrangements during the transitional period shall be to stabilize the security situation and build confidence among the parties to the conflict, so as to reinforce the purposes of this Agreement and to prevent the risks of a return to warfare.
Detailed provisions regarding UNTAC's supervision, monitoring, and verification of the cease-fire and related measures, including verification of the withdrawal of foreign forces and the regrouping, cantonment and ultimate disposition of all Cambodian forces and their weapons during the transitional period are set forth in annex 1, section C, and annex 2.
Page 7, Part IX: Final Provisions, Article 28: ...2. The signature on behalf of Cambodia by the members of the SNC shall commit all Cambodian parties and armed forces to the provisions of this Agreement.
Page 10, Annex 1, UNTAC Mandate, Section C Military Functions: 2. UNTAC will supervise the regrouping and relocating of all forces to specifically designated cantonment areas on the basis of an operational timetable to be agreed upon, in accordance with annex 2.
Page 10, Annex 1, UNTAC Mandate, Section C Military Functions: 3. As the forces enter the cantonments, UNTAC will initiate the process of arms control and reduction specified in annex 2.
Page 10, Annex 1, UNTAC Mandate, Section C Military Functions: 4. UNTAC will take necessary steps regarding the phased process of demobilization of the military forces of the parties, in accordance with annex 2.
Page 12, Annex 2, Withdrawal, Cease-fire and Related Measures, Article I Cease-fire: 2. The Parties undertake that, upon the signing of this Agreement, they will observe a cease-fire and will order their armed forces immediately to disengage and refrain from all hostilities and any deployment, movement or action that would extend the territory they control or that might lead to a resumption of fighting, pending the commencement of the second phase. "Forces" are agreed to include all regular, provincial, district, paramilitary and other auxiliary forces.
During the first phase, the Secretary-General of the United Nations will provide his good offices to the Parties to assist them in its observance. The Parties undertake to cooperate with the Secretary-General or his representatives in the exercise of his good offices in this regard.
Page 13, Annex 2, Withdrawal, Cease-fire and Related Measures, Article I Cease-fire: 4. Immediately upon his arrival in Cambodia, and not later than four weeks before the beginning of the second phase, the Commander of the military component of UNTAC will, in consultation with the Parties, finalize UNTAC's plan for the regroupment and cantonment of the forces of the Parties and for the storage of their arms, ammunition and equipment, in accordance with Article lll of this annex. This plan will include the designation of regroupment and cantonment areas, as well as an agreed timetable. The cantonment areas will be established at battalion size or larger.
Page 13, Annex 2, Withdrawal, Cease-fire and Related Measures, Article I Cease-fire: 5. The Parties agree to take steps to inform their forces at least two weeks before the beginning of the second phase, using all possible means of communication, about the agreed date and time of the beginning of the second phase, about the agreed plan for the regroupment and cantonment of their forces and for the storage of their arms, ammunition and equipment and, in particular, about the exact locations of the regroupment areas to which their forces are to report. Such information will continue to be disseminated for a period of four weeks after the beginning of the second phase.
Page 15, Annex 2, Withdrawal, Cease-fire and Related Measures, Article V: Ultimate disposition of the forces of the Parties and of their arms, ammunition and equipment: 2. The Cambodian Parties hereby commit themselves to demobilize all their remaining forces before or shortly after the elections and, to the extent that full demobilization is unattainable, to respect and abide by whatever decision the newly elected government that emerges in accordance with Article 12 of this Agreement takes with regard to the incorporation of parts or all of those forces into a new national army. Upon completion of the demobilization referred to in paragraph 1, the Cambodian Parties and the Special Representative of the Secretary General shall undertake a review regarding the final disposition of the forces remaining in the cantonments, with a view to determining which of the following shall apply:
a. If the Parties agree to proceed with the demobilization of all or some of the forces remaining in the cantonments, preferably prior to or otherwise shortly after the elections, the Special Representative shall prepare a timetable for so doing, in consultation with them;
b. Should total demobilization of all of the residual forces before or shortly after the elections not be possible, the Parties hereby undertake to make available all of their forces remaining in cantonments to the newly elected government that emerges in accordance with Article 12 of this Agreement, for consideration for incorporation into a new national army. They further agree that any such forces which are not incorporated into the new national army will be demobilized forthwith according to a plan to be prepared by the Special Representative. With regard to the ultimate disposition of the remaining forces and all the arms, ammunition and equipment, UNTAC, as it withdraws from Cambodia, shall retain such authority as is necessary to ensure an orderly transfer to the newly elected government of those responsibilities it has exercised during the transitional period.
Page 17, Annex 2, Withdrawal, Cease-fire and Related Measures, Article VII: Cessation of outside military assistance to all Cambodian Parties: 2. The Signatories whose territory is adjacent to Cambodia, namely, the Governments of the Lao People's Democratic Republic, the Kingdom of Thailand and the Socialist Republic of Viet Nam, undertake to:
...b. Provide written confirmation to the Commander of the military component of UNTAC, not later than four weeks after the second phase of the cease-fire begins, that no forces, arms, ammunition or military equipment of any of the Cambodian Parties are present on their territories;
Page 17, Annex 2, Withdrawal, Cease-fire and Related Measures, Article VIII: Caches of weapons and military supplies: 1. In order to stabilize the security situation, build confidence and reduce arms and military supplies throughout Cambodia, each Party agrees to provide to the Commander of the military component of UNTAC, before a date to be determined by him, all information at its disposal, including marked maps, about known or suspected caches of weapons and military supplies throughout Cambodia.
Page 17, Annex 2, Withdrawal, Cease-fire and Related Measures, Article IX Unexploded ordnance devices: 2. The Parties agree that, after completion of the regroupment and cantonment processes in accordance with Article III of the present annex, they will make available mine-clearing teams which, under the supervision and control of UNTAC military personnel, will leave the cantonment areas in order to assist in removing, disarming or deactivating remaining unexploded ordnance devices. Those mines or objects which cannot be removed, disarmed or deactivated will be clearly marked in accordance with a system to be devised by the military component of UNTAC. - Withdrawal of foreign forces
- Page 4, Section IV: Withdrawal of Foreign Forces and its Verification, Article 8:
Immediately upon entry into force of this Agreement, any foreign forces, advisers, and military personnel remaining in Cambodia, together with their weapons, ammunition, and equipment, shall be withdrawn from Cambodia and not be returned. Such withdrawal and non-return will be subject to UNTAC verification in accordance with annex 2.
Page 4, Section V: Cease-Fire and Cessation of Outside Military Assistance, Article 10:
Upon entry into force of this Agreement, there shall be an immediate cessation of all outside military assistance to all Cambodian Parties.
Page 4, Section V: Cease-Fire and Cessation of Outside Military Assistance, Article 11:
The objectives of military arrangements during the transitional period shall be to stabilize the security situation and build confidence among the parties to the conflict, so as to reinforce the purposes of this Agreement and to prevent the risks of a return to warfare.
Detailed provisions regarding UNTAC's supervision, monitoring, and verification of the cease-fire and related measures, including verification of the withdrawal of foreign forces and the regrouping, cantonment and ultimate disposition of all Cambodian forces and their weapons during the transitional period are set forth in annex 1, section C, and annex 2.
Page 10, Annex 1, UNTAC Mandate, Section C Military Functions: 1. UNTAC will supervise, monitor and verify the withdrawal of foreign forces, the cease-fire and related measures in accordance with annex 2, including:
a. Verification of the withdrawal from Cambodia of all categories of foreign forces, advisers and military personnel and their weapons, ammunition and equipment, and their non-return to Cambodia;
...c. Monitoring the cessation of outside military assistance to all Cambodian Parties;
Page 16, Annex 2, Withdrawal, Cease-fire and Related Measures, Article VI Verification of withdrawal from Cambodia and non-return of all categories of foreign forces:
1. UNTAC shall be provided, no later than two weeks before the commencement of the second phase of the cease-fire, with detailed information in writing regarding the withdrawal of foreign forces. This information shall include the following elements:
a. Total strength of these forces and their organization and deployment;
b. Comprehensive lists of arms, ammunition and equipment held by these forces, and their exact locations;
c. Withdrawal plan (already implemented or to be implemented), including withdrawal routes, border crossing points and time of departure from Cambodia.
Page 16, Annex 2, Withdrawal, Cease-fire and Related Measures, Article VI Verification of withdrawal from Cambodia and non-return of all categories of foreign forces: 2. On the basis of the information provided in accordance with paragraph 1 above, UNTAC will undertake an investigation in the manner it deems appropriate. The Party providing the information will be required to make personnel available to accompany UNTAC investigators.
Page 16, Annex 2, Withdrawal, Cease-fire and Related Measures, Article VI Verification of withdrawal from Cambodia and non-return of all categories of foreign forces: 3. Upon confirmation of the presence of any foreign forces, UNTAC will immediately deploy military personnel with the foreign forces and accompany them until they have withdrawn from Cambodian territory. UNTAC will also establish checkpoints on withdrawal routes, border crossing points and airfields to verify the withdrawal and ensure the non return of all categories of foreign forces.
Page 16, Annex 2, Withdrawal, Cease-fire and Related Measures, Article VI Verification of withdrawal from Cambodia and non-return of all categories of foreign forces: 4. The Mixed Military Working Group (MMWG) provided for in Article II of this annex will assist UNTAC in fulfilling the above-mentioned tasks.
Page 16, Annex 2, Withdrawal, Cease-fire and Related Measures, Article VII: Cessation of outside military assistance to all Cambodian Parties: 1. All Parties undertake, from the time of the signing of this Agreement, not to obtain or seek any outside military assistance, including weapons, ammunition and military equipment from outside sources.
Page 16, Annex 2, Withdrawal, Cease-fire and Related Measures, Article VII: Cessation of outside military assistance to all Cambodian Parties: 2. The Signatories whose territory is adjacent to Cambodia, namely, the Governments of the Lao People's Democratic Republic, the Kingdom of Thailand and the Socialist Republic of Viet Nam, undertake to:
a. Prevent the territories of their respective States, including land territory, territorial sea and air space, from being used for the purpose of providing any form of military assistance to any of the Cambodian Parties. Resupply of such items as food, water, clothing and medical supplies through their territories will be allowed, but shall, without prejudice to the provisions of sub-paragraph c) below, be subject to UNTAC supervision upon arrival in Cambodia;
b. Provide written confirmation to the Commander of the military component of UNTAC, not later than four weeks after the second phase of the cease-fire begins, that no forces, arms, ammunition or military equipment of any of the Cambodian Parties are present on their territories;
c. Receive an UNTAC liaison officer in each of their capitals and designate an officer of the rank of colonel or equivalent, not later than four weeks after the beginning of the second phase of the cease-fire, in order to assist UNTAC in investigating, with due respect for their sovereignty, any complaints that activities are taking place on their territories that are contrary to the provisions of the comprehensive political settlement.
Page 17, Annex 2, Withdrawal, Cease-fire and Related Measures, Article VII: Cessation of outside military assistance to all Cambodian Parties: 3. To enable UNTAC to monitor the cessation of outside assistance to all Cambodian Parties, the Parties agree that, upon signature of this Agreement, they will provide to UNTAC any information available to them about the routes and means by which military assistance, including weapons, ammunition and military equipment, have been supplied to any of the Parties. Immediately after the second phase of the cease-fire begins, UNTAC will take the following practical measures:
a. Establish checkpoints along the routes and at selected locations along the Cambodian side of the border and at airfields inside Cambodia;
b. Patrol the coastal and inland waterways of Cambodia;
c. Maintain mobile teams at strategic locations within Cambodia to patrol and investigate allegations of supply of arms to any of the Parties. - Corruption
- Page 11, Annex 1, UNTAC Mandate, Section D Elections: 3. In the exercise of its responsibilities in relation to the electoral process, the specific authority of UNTAC will include the following:
a. The establishment, in consultation with the SNC, of a system of laws, procedures and administrative measures necessary for the holding of a free and fair election in Cambodia, including the adoption of an electoral law and of a code of conduct regulating participation in the election in a manner consistent with respect for human rights and prohibiting coercion or financial inducement in order to influence voter preference;
Page 12, Annex 1, UNTAC Mandate, Section D Elections: 4. In carrying out its responsibilities under the present section, UNTAC will establish a system of safeguards to assist it in ensuring the absence of fraud during the electoral process, including arrangements for Cambodian representatives to observe the registration and polling procedures and the provision of an UNTAC mechanism for hearing and deciding complaints. - Crime/organised crime
No specific mention.
- Drugs
No specific mention.
- Terrorism
No specific mention.
Transitional justice
- Transitional justice general
- Page 3, Agreement on a Comprehensive Political Settlement of the Cambodia Conflict:
Recognizing that Cambodia's tragic recent history requires special measures to assure protection of human rights, and the non-return to the policies and practices of the past,
Page 5, Part III: Human Rights, Article 15: 2. To this end,
a. Cambodia undertakes:
... - to take effective measures to ensure that the policies and practices of the past shall never be allowed to return;
Page 19, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part II Conditions Conducive to The Return of Refugees and Displaced Persons: 3. Every effort should be made to ensure that the conditions which have led to a large number of Cambodian refugees and displaced persons seeking refuge in other countries should not recur. Nevertheless, some Cambodian refugees and displaced persons will wish and be able to return spontaneously to their homeland. - Amnesty/pardon
No specific mention.
- Courts
No specific mention.
- Mechanism
No specific mention.
- Prisoner release
- Page 6, Part VI. Release of Prisoners of War And Civilian Internees, Article 21: The release of all prisoners of war and civilian internees shall be accomplished at the earliest possible date under the direction of the International Committee of the Red Cross (ICRC) in coordination with the Special Representative of the Secretary-General, with the assistance, as necessary, of other appropriate international humanitarian organizations and the Signatories.
Page 6, Part VI. Release of Prisoners of War And Civilian Internees, Article 22: The expression "civilian internees" refers to all persons who are not prisoners of war and who, having contributed in any way whatsoever to the armed or political struggle, have been arrested or detained by any of the parties by virtue of their contribution thereto.
Page 11, Annex 1, UNTAC Mandate, Section C Military Functions: 5. UNTAC will assist, as necessary, the International Committee of the Red Cross in the release of all prisoners of war and civilian internees.
Page 18, Annex 2, Withdrawal, Cease-fire and Related Measures, Article XI Release of prisoners of war: The military component of UNTAC will provide assistance as required to the International Committee of the Red Cross in the latter's discharge of its functions relating to the release of prisoners of war. - Vetting
No specific mention.
- Victims
No specific mention.
- Missing persons
No specific mention.
- Reparations
No specific mention.
- Reconciliation
- Page 2, Agreement on a Comprehensive Political Settlement of the Cambodia Conflict: Desiring to restore and maintain peace in Cambodia, to promote national reconciliation and to ensure the exercise of the right to selfdetermination of the Cambodian people through free and fair elections,
Implementation
- UN signatory
No specific mention.
- Other international signatory
No specific mention.
- Referendum for agreement
No specific mention.
- International mission/force/similar
- Page 2, Agreement on a Comprehensive Political Settlement of the Cambodia Conflict: Recognizing that an enhanced United Nations role requires the establishment of a United Nations Transitional Authority in Cambodia (UNTAC) with civilian and military components, which will act with full respect for the national sovereignty of Cambodia,
Page 3, Part I Arrangements During the Transitional Period, Section I: Transitional Period, Article 1: For the purposes of this Agreement, the transitional period shall commence with the entry into force of this Agreement and terminate when the constituent assembly elected through free and fair elections, organized and certified by the United Nations, has approved the constitution and transformed itself into a legislative assembly, and thereafter a new government has been created.
Page 3, Section II: United Nations Transitional Authority in Cambodia, Article 2: 1. The Signatories invite the United Nations Security Council to establish a United Nations Transitional Authority in Cambodia (hereinafter referred to as "UNTAC") with civilian and military components under the direct responsibility of the Secretary-General of the United Nations. For this purpose the Secretary-General will designate a Special Representative to act on his behalf.
Page 3, Section II: United Nations Transitional Authority in Cambodia, Article 2: 2. The Signatories further invite the United Nations Security Council to provide UNTAC with the mandate set forth in this Agreement and to keep its implementation under continuing review through periodic reports submitted by the Secretary-General.
Page 4, Section III : Supreme National Council, Article 6: The SNC hereby delegates to the United Nations all powers necessary to ensure the implementation of this Agreement, as described in annex 1.
In order to ensure a neutral political environment conducive to free and fair general elections, administrative agencies, bodies and offices which could directly influence the outcome of elections will be placed under direct United Nations supervision or control. In that context, special attention will be given to foreign affairs, national defence, finance, public security and information. To reflect the importance of these subjects, UNTAC needs to exercise such control as is necessary to ensure the strict neutrality of the bodies responsible for them. The United Nations, in consultation with the SNC, will identify which agencies, bodies and offices could continue to operate in order to ensure normal day-to-day life in the country.
Page 4, Section V: Cease-Fire and Cessation of Outside Military Assistance, Article 9: The cease-fire shall take effect at the time this Agreement enters into force. All forces shall immediately disengage and refrain from all hostilities and from any deployment, movement or action which would extend the territory they control or which might lead to renewed fighting.
The Signatories hereby invite the Security Council of the United Nations to request the Secretary- General to provide good offices to assist in this process until such time as the military component of UNTAC is in position to supervise, monitor and verify it.
Page 4, Section V: Cease-Fire and Cessation of Outside Military Assistance, Article 11: The objectives of military arrangements during the transitional period shall be to stabilize the security situation and build confidence among the parties to the conflict, so as to reinforce the purposes of this Agreement and to prevent the risks of a return to warfare.
Detailed provisions regarding UNTAC's supervision, monitoring, and verification of the cease-fire and related measures, including verification of the withdrawal of foreign forces and the regrouping, cantonment and ultimate disposition of all Cambodian forces and their weapons during the transitional period are set forth in annex 1, section C, and annex 2.
Page 5, Part II: Elections, Article 12: The Cambodian people shall have the right to determine their own political future through the free and fair election of a constituent assembly, which will draft and approve a new Cambodian Constitution in accordance with Article 23 and transform itself into a legislative assembly, which will create the new Cambodian Government. This election will be held under United Nations auspices in a neutral political environment with full respect for the national sovereignty of Cambodia.
Page 5, Part III: Human Rights, Article 16: UNTAC shall be responsible during the transitional period for fostering an environment in which respect for human rights shall be ensured, based on the provisions of annex 1, section E.
Page 6, Part III: Human Rights, Article 17: After the end of the transitional period, the United Nations Commission on Human Rights should continue to monitor closely the human rights situation in Cambodia, including, if necessary, by the appointment of a Special Rapporteur who would report his findings annually to the Commission and to the General Assembly.
Page 6, Part VI. Release of Prisoners of War And Civilian Internees, Article 21: The release of all prisoners of war and civilian internees shall be accomplished at the earliest possible date under the direction of the International Committee of the Red Cross (ICRC) in coordination with the Special Representative of the Secretary-General, with the assistance, as necessary, of other appropriate international humanitarian organizations and the Signatories.
Page 7, Part IX: Final Provisions, Article 26: The Signatories request other States, international organizations and other bodies to cooperate and assist in the implementation of this Agreement and in the fulfilment by UNTAC of its mandate.
Page 7, Part IX: Final Provisions, Article 28: 1. The Signatories shall comply in good faith with all obligations undertaken in this Agreement and shall extend full cooperation to the United Nations, including the provision of the information which UNTAC requires in the fulfilment of its mandate.
[Summary] Pp. 8-12, Annex 1, UNTAC Mandate: Annex 1 specifies UNTAC's mandate in Cambodia. Issues covered include General Procedures, Civil Administration, Military Functions, Elections, and Human Rights.
Page 12, Annex 2, Withdrawal, Cease-fire and Related Measures, Article I Cease-fire: 1. All Cambodian Parties (hereinafter referred to as "the Parties") agree to observe a comprehensive cease-fire on land and water and in the air. This cease-fire will be implemented in two phases. During the first phase, the cease-fire will be observed with the assistance of the Secretary General of the United Nations through his good offices. During the second phase, which should commence as soon as possible, the cease-fire will be supervised, monitored and verified by UNTAC. The Commander of the military component of UNTAC, in consultation with the Parties, shall determine the exact time and date at which the second phase will commence. This date will be set at least four weeks in advance of its coming into effect.
Page 13, Annex 2, Withdrawal, Cease-fire and Related Measures, Article I Cease-fire: 3. The Parties agree that, immediately upon the signing of this Agreement, the following information will be provided to the United Nations:
a. Total strength of their forces, organization, precise number and location of deployments inside and outside Cambodia. The deployment will be depicted on a map marked with locations of all troop positions, occupied or unoccupied, including staging camps, supply bases and supply routes;
b. Comprehensive lists of arms, ammunition and equipment held by their forces, and the exact locations at which those arms, ammunition and equipment are deployed;
c. Detailed record of their minefields, including types and characteristics of mines laid and information of booby traps used by them together with any information available to them about minefields laid or booby traps used by the other Parties;
d. Total strength of their police forces, organization, precise numbers and locations of deployments as well as comprehensive lists of their arms, ammunition and equipment and the exact locations at which those arms, ammunition and equipment are deployed.
Page 13, Annex 2, Withdrawal, Cease-fire and Related Measures, Article I Cease-fire: Article II: Liaison system and Mixed Military Working Group: A Mixed Military Working Group (MMWG) will be established with a view to resolving any problems that may arise in the observance of the cease-fire. It will be chaired by the most senior United Nations military officer in Cambodia or his representative. Each Party agrees to designate an officer of the rank of brigadier or equivalent to serve on the MMWG. Its composition, method of operation and meeting places will be determined by the most senior United Nations military officer in consultation with the Parties. Similar liaison arrangements will be made at lower military command levels to resolve practical problems on the ground.
Page 14, Article III: Regroupment and cantonment of the forces of the Parties and storage of their arms, ammunition and equipment: 1. In accordance with the operational timetable referred to in paragraph 4 of Article I of the present annex, all forces of the Parties that are not already in designated cantonment areas will report to designated regroupment areas, which will be established and operated by the military component of UNTAC. These regroupment areas will be established and operational not later than one week prior to the date of the beginning of the second phase. The Parties agree to arrange for all their forces, with all their arms, ammunition and equipment, to report to regroupment areas within two weeks after the beginning of the second phase. All personnel who have reported to the regroupment areas will thereafter be escorted by personnel of the military component of UNTAC, with their arms, ammunition and equipment, to designated cantonment areas. All Parties agree to ensure that personnel reporting to the regroupment areas will be able to do so in full safety and without any hindrance.
Page 14, Article III: Regroupment and cantonment of the forces of the Parties and storage of their arms, ammunition and equipment: 2. On the basis of the information provided in accordance with paragraph 3 of Article I of the present annex, UNTAC will confirm that the regroupment and cantonment processes have been completed in accordance with the plan referred to in paragraph 4 of Article I of this annex. UNTAC will endeavour to complete these processes within four weeks from the date of the beginning of the second phase. On the completion of regroupment of all forces and of their movement to cantonment areas, respectively, the Commander of the military component of UNTAC will so inform each of the four Parties.
Page 14, Article III: Regroupment and cantonment of the forces of the Parties and storage of their arms, ammunition and equipment: 3. The Parties agree that, as their forces enter the designated cantonment areas, their personnel will be instructed by their commanders to immediately hand over all their arms, ammunition and equipment to UNTAC for storage in the custody of UNTAC.
Page 14, Article III: Regroupment and cantonment of the forces of the Parties and storage of their arms, ammunition and equipment: 4. UNTAC will check the arms, ammunition and equipment handed over to it against the lists referred to in paragraph 3. b) of Article I of this annex, in order to verify that all the arms, ammunition and equipment in the possession of the Parties have been placed under its custody.
Page 14, Annex 2, Withdrawal, Cease-fire and Related Measures, Article IV: Resupply of forces during cantonment: The military component of UNTAC will supervise the resupply of all forces of the Parties during the regroupment and cantonment processes. Such resupply will be confined to items of a non-lethal nature such as food, water, clothing and medical supplies as well as provision of medical care.
Page 15, Annex 2, Withdrawal, Cease-fire and Related Measures, Article V: Ultimate disposition of the forces of the Parties and of their arms, ammunition and equipment: 3. UNTAC will assist, as required, with the reintegration into civilian life of the forces demobilized prior to the elections.
Page 15, Annex 2, Withdrawal, Cease-fire and Related Measures, Article V: Ultimate disposition of the forces of the Parties and of their arms, ammunition and equipment: 4.
a. UNTAC will control and guard all the arms, ammunition and equipment of the Parties throughout the transitional period;
b. As the cantoned forces are demobilized in accordance with paragraph 1 above, there will be a parallel reduction by UNTAC of the arms, ammunition and equipment stored on site in the cantonment areas. For the forces remaining in the cantonment areas, access to their arms, ammunition and equipment shall only be on the basis of the explicit authorization of the Special Representative of the Secretary-General;
c. If there is a further demobilization of the military forces in accordance with paragraph 2. a) above, there will be a commensurate reduction by UNTAC of the arms, ammunition and equipment stored on site in the cantonment areas;
Page 16, Annex 2, Withdrawal, Cease-fire and Related Measures, Article VI Verification of withdrawal from Cambodia and non-return of all categories of foreign forces: 2. On the basis of the information provided in accordance with paragraph 1 above, UNTAC will undertake an investigation in the manner it deems appropriate. The Party providing the information will be required to make personnel available to accompany UNTAC investigators.
Page 16, Annex 2, Withdrawal, Cease-fire and Related Measures, Article VI Verification of withdrawal from Cambodia and non-return of all categories of foreign forces: 3. Upon confirmation of the presence of any foreign forces, UNTAC will immediately deploy military personnel with the foreign forces and accompany them until they have withdrawn from Cambodian territory. UNTAC will also establish checkpoints on withdrawal routes, border crossing points and airfields to verify the withdrawal and ensure the non return of all categories of foreign forces.
Page 16, Annex 2, Withdrawal, Cease-fire and Related Measures, Article VI Verification of withdrawal from Cambodia and non-return of all categories of foreign forces: 4. The Mixed Military Working Group (MMWG) provided for in Article II of this annex will assist UNTAC in fulfilling the above-mentioned tasks.
Page 17, Annex 2, Withdrawal, Cease-fire and Related Measures, Article VII: Cessation of outside military assistance to all Cambodian Parties: 2. The Signatories whose territory is adjacent to Cambodia, namely, the Governments of the Lao People's Democratic Republic, the Kingdom of Thailand and the Socialist Republic of Viet Nam, undertake to:
...c. Receive an UNTAC liaison officer in each of their capitals and designate an officer of the rank of colonel or equivalent, not later than four weeks after the beginning of the second phase of the cease-fire, in order to assist UNTAC in investigating, with due respect for their sovereignty, any complaints that activities are taking place on their territories that are contrary to the provisions of the comprehensive political settlement.
Page 17, Annex 2, Withdrawal, Cease-fire and Related Measures, Article VIII: Caches of weapons and military supplies: 2. On the basis of information received, the military component of UNTAC shall, after the date referred to in paragraph 1, deploy verification teams to investigate each report and destroy each cache found.
Page 17, Annex 2, Withdrawal, Cease-fire and Related Measures, Article IX Unexploded ordnance devices: 2. The Parties agree that, after completion of the regroupment and cantonment processes in accordance with Article III of the present annex, they will make available mine-clearing teams which, under the supervision and control of UNTAC military personnel, will leave the cantonment areas in order to assist in removing, disarming or deactivating remaining unexploded ordnance devices. Those mines or objects which cannot be removed, disarmed or deactivated will be clearly marked in accordance with a system to be devised by the military component of UNTAC.
Page 18, Annex 2, Withdrawal, Cease-fire and Related Measures, Article IX Unexploded ordnance devices: 3. UNTAC shall:
a. Conduct a mass public education programme in the recognition and avoidance of explosive devices;
b. Train Cambodian volunteers to dispose of unexploded ordnance devices;
c. Provide emergency first-aid training to Cambodian volunteers.
Page 18, Annex 2, Withdrawal, Cease-fire and Related Measures, Article XI Release of prisoners of war: The military component of UNTAC will provide assistance as required to the International Committee of the Red Cross in the latter's discharge of its functions relating to the release of prisoners of war.
Page 18, Annex 2, Withdrawal, Cease-fire and Related Measures, Article XII Repatriation and resettlement of displaced Cambodians: The military component of UNTAC will provide assistance as necessary in the repatriation of Cambodian refugees and displaced persons carried out in accordance with Articles 19 and 20 of this Agreement, in particular in the clearing of mines from repatriation routes, reception centres and resettlement areas, as well as in the protection of the reception centres.
Page 19, Annex 3 Elections: 7. Political parties and candidates will be registered in order to stand for election. UNTAC will confirm that political parties and candidates meet the established criteria in order to qualify for participation in the election. Adherence to a Code of Conduct established by UNTAC in consultation with the SNC will be a condition for such participation.
Page 20, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part III Operational Factors: 8. Consistent with respect for principles of national sovereignty in the countries of temporary refuge and origin, and in close cooperation with the countries of temporary refuge and origin, full access by the Office of the United Nations High Commissioner for Refugees (UNHCR), ICRC and other relevant international agencies should be guaranteed to all Cambodian refugees and displaced persons, with a view to the agencies undertaking the census, tracing, medical assistance, food distribution and other activities vital to the discharge of their mandate and operational responsibilities; such access should also be provided in Cambodia to enable the relevant international organizations to carry out their traditional monitoring as well as operational responsibilities.
Page 20, Annex 4, Repatriation of Cambodian Refugees and Displaced Persons, Part III Operational Factors: 9. In the context of the comprehensive political settlement, the Signatories note with satisfaction that the Secretary-General of the United Nations has entrusted UNHCR with the role of leadership and coordination among intergovernmental agencies assisting with the repatriation and relief of Cambodian refugees and displaced persons. The Signatories look to all non- governmental organizations to coordinate as much as possible their work for the Cambodian refugees and displaced persons with that of UNHCR. - Enforcement mechanism
- Page 4, Section III: Supreme National Council, Article 6: The SNC hereby delegates to the United Nations all powers necessary to ensure the implementation of this Agreement, as described in annex 1.
In order to ensure a neutral political environment conducive to free and fair general elections, administrative agencies, bodies and offices which could directly influence the outcome of elections will be placed under direct United Nations supervision or control. In that context, special attention will be given to foreign affairs, national defence, finance, public security and information. To reflect the importance of these subjects, UNTAC needs to exercise such control as is necessary to ensure the strict neutrality of the bodies responsible for them. The United Nations, in consultation with the SNC, will identify which agencies, bodies and offices could continue to operate in order to ensure normal day-to-day life in the country.
Page 7, Part IX: Final Provisions, Article 29: Without prejudice to the prerogatives of the Security Council of the United Nations, and upon the request of the Secretary-General, the two co Chairmen of the Paris Conference on Cambodia, in the event of a violation or threat of violation of this Agreement, will immediately undertake appropriate consultations, including with members of the Paris Conference on Cambodia, with a view to taking appropriate steps to ensure respect for these commitments.
Page 8, Annex 1: UNTAC Mandate, Section A : General Procedures: 2. The following mechanism will be used to resolve all issues relating to the implementation of this Agreement which may arise between the Secretary-General's Special Representative and the Supreme National Council (SNC):
a. The SNC offers advice to UNTAC, which will comply with this advice provided there is a consensus among the members of the SNC and provided this advice is consistent with the objectives of the present Agreement;
b. If there is no consensus among the members of the SNC despite every endeavour of its President, H.R.H. Samdech Norodom Sihanouk, the President will be entitled to make the decision on what advice to offer to UNTAC, taking fully into account the views expressed in the SNC. UNTAC will comply with the advice provided it is consistent with the objectives of the present Agreement;
c. If H.R.H. Samdech Norodom Sihanouk, President of the SNC, the legitimate representative of Cambodian sovereignty, is not, for whatever reason, in a position to make such a decision, his power of decision will transfer to the Secretary-General's Special Representative. The Special Representative will make the final decision, taking fully into account the views expressed in the SNC;
d. Any power to act regarding the implementation of this Agreement conferred upon the SNC by the Agreement will be exercised by consensus or, failing such consensus, by its President in accordance with the procedure set out above. In the event that H.R.H. Samdech Norodom Sihanouk, President of the SNC, the legitimate representative of Cambodian sovereignty, is not, for whatever reason, in a position to act, his power to act will transfer to the Secretary-General's Special Representative, who may take the necessary action;
e. In all cases, the Secretary-General's Special Representative will determine whether advice or action of the SNC is consistent with the present Agreement.
Page 17, Annex 2, Withdrawal, Cease-fire and Related Measures, Article VII: Cessation of outside military assistance to all Cambodian Parties: 2. The Signatories whose territory is adjacent to Cambodia, namely, the Governments of the Lao People's Democratic Republic, the Kingdom of Thailand and the Socialist Republic of Viet Nam, undertake to:
...c. Receive an UNTAC liaison officer in each of their capitals and designate an officer of the rank of colonel or equivalent, not later than four weeks after the beginning of the second phase of the cease-fire, in order to assist UNTAC in investigating, with due respect for their sovereignty, any complaints that activities are taking place on their territories that are contrary to the provisions of the comprehensive political settlement.
Page 18, Annex 2, Withdrawal, Cease-fire and Related Measures, Article X Investigation of violations: 1. After the beginning of the second phase, upon receipt of any information or complaint from one of the Parties relating to a possible case of non compliance with any of the provisions of the present annex or related provisions, UNTAC will undertake an investigation in the manner which it deems appropriate. Where the investigation takes place in response to a complaint by one of the Parties, that Party will be required to make personnel available to accompany the UNTAC investigators. The results of such investigation will be conveyed by UNTAC to the complaining Party and the Party complained against, and if necessary to the SNC.
Page 18, Annex 2, Withdrawal, Cease-fire and Related Measures, Article X Investigation of violations: 2. UNTAC will also carry out investigations on its own initiative in other cases when it has reason to believe or suspect that a violation of this annex or related provisions may be taking place. - Related cases
No specific mention.
- Source
- USIP: http://www.usip.org/
Link to agreement: http://www.usip.org/publications/peace-agreements-cambodia
Peace Agreements Digital Collection
Cambodia >> Agreement on a Comprehensive Political Settlement of the Conflict
Agreement on a Comprehensive Political Settlement of the Cambodia Conflict
Table of Contents
Part I:
Arrangements During the Transitional Period
o Section I:
Transitional Period
o Section II:
United Nations Transitional Authority in Cambodia
o Section III:
Supreme National Council
o Section IV:
Withdrawal of Foreign Forces and its Verification
o Section V:
Cease-fire and Cessation of Outside Military Assistance
Part II:
Elections
Part III:
Human Rights
Part IV:
International Guarantees
Part V:
Refugees and Displaced Persons
Part VI:
National Communities
Part VII:
Communes
Part VIII:
Representation
Part IX:
Amendment
Annexes
Annex 1:
UNTAC Mandate
o Section A:
General Procedures
o Section B:
Civil Administration
o Section C:
Military Functions
o Section D:
Elections
o Section E:
Human Rights
Annex 2:
Withdrawal, Cease-fire and Related Measures
o Article I:
Cease-fire
o Article II:
Liaison system and Mixed Military Working Group
o Article III:
Regroupment and cantonment of the forces of the Parties and storage of
their arms, ammunition and equipment
o Article IV:
Resupply of forces during cantonment
o Article V:
Ultimate disposition of the forces of the parties and of their arms,
ammunition, and equipment
o Article VI:
Verification of withdrawal from Cambodia and non-return of all cateogires
of foreign forces
o Article VII:
Cessation of outside military assistance to all Cambodian Parties
o Article VIII:
Caches of weapons and military supplies
o Article IX:
Unexploded ordance devices
o Article X:
Investigation of violations
o Article XI:
Release of prisoners of war
o Article XII:
Repatriation and resettlement of displaced Cambodians
Annex 3:
Elections
Annex 4:
Repatriation of Cambodian Refugees and Displaced Persons
o Part I:
Introduction
o Part II:
Conditions Conducive to the Return of Refugees and Displaced Persons
o Part III:
Operational Factors
Annex 5:
Principles for a New Constitution for Cambodia
Agreement on a Comprehensive Political Settlement of the Cambodia Conflict
The States participating in the Paris Conference on Cambodia, namely Australia, Brunei Darussalam,
Cambodia, Canada, the People's Republic of China, the French Republic, the Republic of India, the
Republic of Indonesia, Japan, the Lao People's Democratic Republic, Malaysia, the Republic of the
Philippines, the Republic of Singapore, the Kingdom of Thailand, the Union of Soviet Socialist
Republics, the United Kingdom of Great Britain and Northern Ireland, the United States of America,
the Socialist Republic of Viet Nam and the Socialist Federal Republic of Yugoslavia,
In the presence of the Secretary-General of the United Nations,
In order to maintain, preserve and defend the sovereignty, independence, territorial integrity and
inviolability, neutrality and national unity of Cambodia,
Desiring to restore and maintain peace in Cambodia, to promote national reconciliation and to ensure
the exercise of the right to selfdetermination of the Cambodian people through free and fair elections,
Convinced that only a comprehensive political settlement to the Cambodia conflict will be just and
durable and will contribute to regional and international peace and security,
Welcoming the Framework document of 28 August 1990, which was accepted by the Cambodian
Parties in its entirety as the basis for settling the Cambodia conflict, and which was subsequently
unanimously endorsed by Security Council resolution 668 (1990) of 20 September 1990 and General
Assembly resolution 45/3 of 15 October 1990,
Noting the formation in Jakarta on 10 September 1990 of the Supreme National Council of Cambodia
as the unique legitimate body and source of authority in Cambodia in which, throughout the
transitional period, national sovereignty and unity are enshrined, and which represents Cambodia
externally,
Welcoming the unanimous election, in Beijing on 17 July 1991, of H.R.H. Prince Norodom Sihanouk
as the President of the Supreme National Council,
Recognizing that an enhanced United Nations role requires the establishment of a United Nations
Transitional Authority in Cambodia (UNTAC) with civilian and military components, which will act
with full respect for the national sovereignty of Cambodia,
Noting the statements made at the conclusion of the meetings held in Jakarta on 9-10 September 1990,
in Paris on 21-23 December 1990, in Pattaya on 24-26 June 1991, in Beijing on 16-17 July 1991, in
Pattaya on 26-29 August 1991, and also the meetings held in Jakarta on 4-6 June 1991 and in New
York on 19 September 1991,
Welcoming United Nations Security Council resolution 717 (1991) of 16 October 1991 on Cambodia,
Recognizing that Cambodia's tragic recent history requires special measures to assure protection of
human rights, and the non-return to the policies and practices of the past,
Have agreed as follows:
Part I .
Arrangements During the Transitional Period
Section I:
Transitional Period
Article 1
For the purposes of this Agreement, the transitional period shall commence with the entry into force of
this Agreement and terminate when the constituent assembly elected through free and fair elections,
organized and certified by the United Nations, has approved the constitution and transformed itself
into a legislative assembly, and thereafter a new government has been created.
Section II:
United Nations Transitional Authority in Cambodia
Article 2
1. The Signatories invite the United Nations Security Council to establish a United Nations
Transitional Authority in Cambodia (hereinafter referred to as "UNTAC") with civilian and
military components under the direct responsibility of the Secretary-General of the United
Nations.
For this purpose the Secretary-General will designate a Special Representative to act
on his behalf.
2. The Signatories further invite the United Nations Security Council to provide UNTAC with the
mandate set forth in this Agreement and to keep its implementation under continuing review
through periodic reports submitted by the Secretary-General.
Section III :
Supreme National Council
Article 3
The Supreme National Council (hereinafter referred to as "the SNC") is the unique legitimate body
and source of authority in which, throughout the transitional period, the sovereignty, independence and
unity of Cambodia are enshrined.
Article 4
The members of the SNC shall be committed to the holding of free and fair elections organized and
conducted by the United Nations as the basis for forming a new and legitimate Government.
Article 5
The SNC shall, throughout the transitional period, represent Cambodia externally and occupy the seat
of Cambodia at the United Nations, in the United Nations specialized agencies, and in other
international institutions and international conferences.
Article 6
The SNC hereby delegates to the United Nations all powers necessary to ensure the implementation of
this Agreement, as described in annex 1.
In order to ensure a neutral political environment conducive to free and fair general elections,
administrative agencies, bodies and offices which could directly influence the outcome of elections
will be placed under direct United Nations supervision or control.
In that context, special attention will
be given to foreign affairs, national defence, finance, public security and information.
To reflect the
importance of these subjects, UNTAC needs to exercise such control as is necessary to ensure the
strict neutrality of the bodies responsible for them.
The United Nations, in consultation with the SNC,
will identify which agencies, bodies and offices could continue to operate in order to ensure normal
day-to-day life in the country.
Article 7
The relationship between the SNC, UNTAC and existing administrative structures is set forth in annex
1.
Section IV:
Withdrawal of Foreign Forces and its Verification
Article 8
Immediately upon entry into force of this Agreement, any foreign forces, advisers, and military
personnel remaining in Cambodia, together with their weapons, ammunition, and equipment, shall be
withdrawn from Cambodia and not be returned.
Such withdrawal and non-return will be subject to
UNTAC verification in accordance with annex 2.
Section V:
Cease-Fire and Cessation of Outside Military Assistance
Article 9
The cease-fire shall take effect at the time this Agreement enters into force.
All forces shall
immediately disengage and refrain from all hostilities and from any deployment, movement or action
which would extend the territory they control or which might lead to renewed fighting.
The Signatories hereby invite the Security Council of the United Nations to request the Secretary-
General to provide good offices to assist in this process until such time as the military component of
UNTAC is in position to supervise, monitor and verify it.
Article 10
Upon entry into force of this Agreement, there shall be an immediate cessation of all outside military
assistance to all Cambodian Parties.
Article 11
The objectives of military arrangements during the transitional period shall be to stabilize the security
situation and build confidence among the parties to the conflict, so as to reinforce the purposes of this
Agreement and to prevent the risks of a return to warfare.
Detailed provisions regarding UNTAC's supervision, monitoring, and verification of the cease-fire and
related measures, including verification of the withdrawal of foreign forces and the regrouping,
cantonment and ultimate disposition of all Cambodian forces and their weapons during the transitional
period are set forth in annex 1, section C, and annex 2.
Part II:
Elections
Article 12
The Cambodian people shall have the right to determine their own political future through the free and
fair election of a constituent assembly, which will draft and approve a new Cambodian Constitution in
accordance with Article 23 and transform itself into a legislative assembly, which will create the new
Cambodian Government.
This election will be held under United Nations auspices in a neutral
political environment with full respect for the national sovereignty of Cambodia.
Article 13
UNTAC shall be responsible for the organization and conduct of these elections based on the
provisions of annex 1, section D, and annex 3.
Article 14
All Signatories commit themselves to respect the results of these elections once certified as free and
fair by the United Nations.
Part III:
Human Rights
Article 15
1. All persons in Cambodia and all Cambodian refugees and displaced persons shall enjoy the
rights and freedoms embodied in the Universal Declaration of Human Rights and other
relevant international human rights instruments.
2. To this end,
a. Cambodia undertakes:
to ensure respect for and observance of human rights and fundamental freedoms
in Cambodia;
to support the right of all Cambodian citizens to undertake activities which
would promote and protect human rights and fundamental freedoms;
to take effective measures to ensure that the policies and practices of the past
shall never be allowed to return;
to adhere to relevant international human rights instruments;
b. the other Signatories to this Agreement undertake to promote and encourage respect for
and observance of human rights and fundamental freedoms in Cambodia as embodied
in the relevant international instruments and the relevant resolutions of the United
Nations General Assembly, in order, in particular, to prevent the recurrence of human
rights abuses.
Article 16
UNTAC shall be responsible during the transitional period for fostering an environment in which
respect for human rights shall be ensured, based on the provisions of annex 1, section E.
Article 17
After the end of the transitional period, the United Nations Commission on Human Rights should
continue to monitor closely the human rights situation in Cambodia, including, if necessary, by the
appointment of a Special Rapporteur who would report his findings annually to the Commission and to
the General Assembly.
Part IV:
International Guarantees
Article 18
Cambodia undertakes to maintain, preserve and defend, and the other Signatories undertake to
recognize and respect, the sovereignty, independence, territorial integrity and inviolability, neutrality
and national unity of Cambodia, as set forth in a separate Agreement.
Part V:
Refugees and Displaced Persons
Article 19
Upon entry into force of this Agreement, every effort will be made to create in Cambodia political,
economic and social conditions conducive to the voluntary return and harmonious integration of
Cambodian refugees and displaced persons.
Article 20
1) Cambodian refugees and displaced persons, located outside Cambodia, shall have the right
to return to Cambodia and to live in safety, security and dignity, free from intimidation or
coercion of any kind.
2) The Signatories request the Secretary-General of the United Nations to facilitate the
repatriation in safety and dignity of Cambodian refugees and displaced persons, as an integral
part of the comprehensive political settlement and under the overall authority of the Special
Representative of the Secretary-General, in accordance with the guidelines and principles on
the repatriation of refugees and displaced persons as set forth in annex 4.
Part VI.
Release of Prisoners of War And Civilian Internees
Article 21
The release of all prisoners of war and civilian internees shall be accomplished at the earliest possible
date under the direction of the International Committee of the Red Cross (ICRC) in coordination with
the Special Representative of the Secretary-General, with the assistance, as necessary, of other
appropriate international humanitarian organizations and the Signatories.
Article 22
The expression "civilian internees" refers to all persons who are not prisoners of war and who, having
contributed in any way whatsoever to the armed or political struggle, have been arrested or detained by
any of the parties by virtue of their contribution thereto.
Part VII:
Principles for a New Constitution for Cambodia
Article 23
Basic principles, including those regarding human rights and fundamental freedoms as well as
regarding Cambodia's status of neutrality, which the new Cambodian Constitution will incorporate, are
set forth in annex 5.
Part VIII:
Rehabilitation and Reconstruction
Article 24
The Signatories urge the international community to provide economic and financial support for the
rehabilitation and reconstruction of Cambodia, as provided in a separate declaration.
Part IX:
Final Provisions
Article 25
The Signatories shall, in good faith and in a spirit of cooperation, resolve through peaceful means any
disputes with respect to the implementation of this Agreement.
Article 26
The Signatories request other States, international organizations and other bodies to cooperate and
assist in the implementation of this Agreement and in the fulfilment by UNTAC of its mandate.
Article 27
The Signatories shall provide their full cooperation to the United Nations to ensure the implementation
of its mandate, including by the provision of privileges and immunities, and by facilitating freedom of
movement and communication within and through their respective territories.
In carrying out its mandate, UNTAC shall exercise due respect for the sovereignty of all States
neighbouring Cambodia.
Article 28
1. The Signatories shall comply in good faith with all obligations undertaken in this Agreement
and shall extend full cooperation to the United Nations, including the provision of the
information which UNTAC requires in the fulfilment of its mandate.
2. The signature on behalf of Cambodia by the members of the SNC shall commit all Cambodian
parties and armed forces to the provisions of this Agreement.
Article 29
Without prejudice to the prerogatives of the Security Council of the United Nations, and upon the
request of the Secretary-General, the two co Chairmen of the Paris Conference on Cambodia, in the
event of a violation or threat of violation of this Agreement, will immediately undertake appropriate
consultations, including with members of the Paris Conference on Cambodia, with a view to taking
appropriate steps to ensure respect for these commitments.
Article 30
This Agreement shall enter into force upon signature.
Article 31
This Agreement shall remain open for accession by all States.
The instruments of accession shall be
deposited with the Governments of the French Republic and the Republic of Indonesia.
For each State
acceding to the Agreement it shall enter into force on the date of deposit of its instruments of
accession.
Acceding States shall be bound by the same obligations as the Signatories.
Article 32
The originals of this Agreement, of which the Chinese, English, French, Khmer and Russian texts are
equally authentic, shall be deposited with the Governments of the French Republic and the Republic of
Indonesia, which shall transmit certified true copies to the Governments of the other States
participating in the Paris Conference on Cambodia, as well as the Secretary-General of the United
Nations.
In witness whereof the undersigned Plenipotentiaries, being duly authorized thereto, have signed this
Agreement.
Done at Paris this twenty-third day of October, one thousand nine hundred and ninety-one.
Annex 1:
UNTAC Mandate
Section A :
General Procedures
1. In accordance with Article 6 of the Agreement, UNTAC will exercise the powers necessary to
ensure the implementation of this Agreement, including those relating to the organization and
conduct of free and fair elections and the relevant aspects of the administration of Cambodia.
2. The following mechanism will be used to resolve all issues relating to the implementation of
this Agreement which may arise between the Secretary-General's Special Representative and
the Supreme National Council (SNC):
a. The SNC offers advice to UNTAC, which will comply with this advice provided there
is a consensus among the members of the SNC and provided this advice is consistent
with the objectives of the present Agreement;
b. If there is no consensus among the members of the SNC despite every endeavour of its
President, H.R.H. Samdech Norodom Sihanouk, the President will be entitled to make
the decision on what advice to offer to UNTAC, taking fully into account the views
expressed in the SNC.
UNTAC will comply with the advice provided it is consistent
with the objectives of the present Agreement;
c. If H.R.H. Samdech Norodom Sihanouk, President of the SNC, the legitimate
representative of Cambodian sovereignty, is not, for whatever reason, in a position to
make such a decision, his power of decision will transfer to the Secretary-General's
Special Representative.
The Special Representative will make the final decision, taking
fully into account the views expressed in the SNC;
d. Any power to act regarding the implementation of this Agreement conferred upon the
SNC by the Agreement will be exercised by consensus or, failing such consensus, by its
President in accordance with the procedure set out above.
In the event that H.R.H.
Samdech Norodom Sihanouk, President of the SNC, the legitimate representative of
Cambodian sovereignty, is not, for whatever reason, in a position to act, his power to
act will transfer to the Secretary-General's Special Representative, who may take the
necessary action;
e. In all cases, the Secretary-General's Special Representative will determine whether
advice or action of the SNC is consistent with the present Agreement.
3. The Secretary-General's Special Representative or his delegate will attend the meetings of the
SNC and of any subsidiary body which might be established by it and give its members all
necessary information on the decisions taken by UNTAC.
Section B:
Civil Administration
1. In accordance with Article 6 of the Agreement, all administrative agencies, bodies and offices
acting in the field of foreign affairs, national defence, finance, public security and information
will be placed under the direct control of UNTAC, which will exercise it as necessary to ensure
strict neutrality.
In this respect, the Secretary-General's Special Representative will determine
what is necessary and may issue directives to the above-mentioned administrative agencies,
bodies and offices.
Such directives may be issued to and will bind all Cambodian Parties.
2. In accordance with Article 6 of the Agreement, the Secretary-General's Special Representative,
in consultation with the SNC, will determine which other administrative agencies, bodies and
offices could directly influence the outcome of elections.
These administrative agencies, bodies
and offices will be placed under direct supervision or control of UNTAC and will comply with
any guidance provided by it.
3. In accordance with Article 6 of the Agreement, the Secretary-General's Special Representative,
in consultation with the SNC, will identify which administrative agencies, bodies and offices
could continue to operate in order to ensure normal day-to-day life in Cambodia, if necessary,
under such supervision by UNTAC as it considers necessary.
4. In accordance with Article 6 of the Agreement, the authority of the Secretary-General's Special
Representative will include the power to:
a. Install in administrative agencies, bodies and offices of all the Cambodian Parties
United Nations personnel, who will have unrestricted access to all administrative
operations and information;
b. Require the reassignment or removal of any personnel of such administrative agencies,
bodies and offices.
5.
a. On the basis of the information provided in Article 1, paragraph 3, of annex 2, the
Special Representative of the Secretary-General will determine, after consultation with
the Cambodian Parties, those civil police necessary to perform law enforcement in
Cambodia.
All Cambodian Parties hereby undertake to comply with the determination
made by the Special Representative in this regard;
b. All civil police will operate under UNTAC supervision or control, in order to ensure
that law and order are maintained effectively and impartially, and that human rights and
fundamental freedoms are fully protected.
In consultation with the SNC, UNTAC will
supervise other law enforcement and judicial processes throughout Cambodia to the
extent necessary to ensure the attainment of these objectives.
6. If the Secretary-General's Special Representative deems it necessary, UNTAC, in consultation
with the SNC, will undertake investigations of complaints and allegations regarding actions by
the existing administrative structures in Cambodia that are inconsistent with or work against
the objectives of this comprehensive political settlement.
UNTAC will also be empowered to
undertake such investigation on its own initiative.
UNTAC will take, when necessary,
appropriate corrective steps.
Section C:
Milltary Functions
1. UNTAC will supervise, monitor and verify the withdrawal of foreign forces, the cease-fire and
related measures in accordance with annex 2, including:
a. Verification of the withdrawal from Cambodia of all categories of foreign forces,
advisers and military personnel and their weapons, ammunition and equipment, and
their non-return to Cambodia;
b. Liaison with neighbouring Governments over any developments in or near their
territory that could endanger the implementation of this Agreement;
c. Monitoring the cessation of outside military assistance to all Cambodian Parties;
d. Locating and confiscating caches of weapons and military supplies throughout the
country;
e. Assisting with clearing mines and undertaking training programmes in mine clearance
and a mine awareness programme among the Cambodian people.
2. UNTAC will supervise the regrouping and relocating of all forces to specifically designated
cantonment areas on the basis of an operational timetable to be agreed upon, in accordance
with annex 2.
3. As the forces enter the cantonments, UNTAC will initiate the process of arms control and
reduction specified in annex 2.
4. UNTAC will take necessary steps regarding the phased process of demobilization of the
military forces of the parties, in accordance with annex 2.
5. UNTAC will assist, as necessary, the International Committee of the Red Cross in the release
of all prisoners of war and civilian internees.
Section D:
Elections
1. UNTAC will organize and conduct the election referred to in Part II of this Agreement in
accordance with this section and annex 3.
2. UNTAC may consult with the SNC regarding the organization and conduct of the electoral
process.
3. In the exercise of its responsibilities in relation to the electoral process, the specific authority of
UNTAC will include the following:
a. The establishment, in consultation with the SNC, of a system of laws, procedures and
administrative measures necessary for the holding of a free and fair election in
Cambodia, including the adoption of an electoral law and of a code of conduct
regulating participation in the election in a manner consistent with respect for human
rights and prohibiting coercion or financial inducement in order to influence voter
preference;
b. The suspension or abrogation, in consultation with the SNC, of provisions of existing
laws which could defeat the objects and purposes of this Agreement;
c. The design and implementation of a voter education programme, covering all aspects of
the election, to support the election process;
d. The design and implementation of a system of voter registration, as a first phase of the
electoral process, to ensure that eligible voters have the opportunity to register, and the
subsequent preparation of verified voter registration lists;
e. The design and implementation of a system of registration of political parties and lists
of candidates;
f. Ensuring fair access to the media, including press, television and radio, for all political
parties contesting in the election;
g. The adoption and implementation of measures to monitor and facilitate the participation
of Cambodians in the elections, the political campaign and the balloting procedures;
h. The design and implementation of a system of balloting and polling, to ensure that
registered voters have the opportunity to vote;
i. The establishment, in consultation with the SNC, of coordinated arrangements to
facilitate the presence of foreign observers wishing to observe the campaign and voting;
j. Overall direction of polling and the vote count;
k. The identification and investigation of complaints of electoral irregularities, and the
taking of appropriate corrective action;
l. Determining whether or not the election was free and fair and, if so, certification of the
list of persons duly elected.
4. In carrying out its responsibilities under the present section, UNTAC will establish a system of
safeguards to assist it in ensuring the absence of fraud during the electoral process, including
arrangements for Cambodian representatives to observe the registration and polling procedures
and the provision of an UNTAC mechanism for hearing and deciding complaints.
5. The timetable for the various phases of the electoral process will be determined by UNTAC, in
consultation with the SNC as provided in paragraph 2 of this section.
The duration of the
electoral process will not exceed nine months from the commencement of voter registration.
6. In organizing and conducting the electoral process, UNTAC will make every effort to ensure
that the system and procedures adopted are absolutely impartial, while the operational
arrangements are as administratively simple and efficient as possible.
Section E:
Human Rights
In accordance with Article 16, UNTAC will make provisions for:
a. The development and implementation of a programme of human rights education to promote
respect for and understanding of human rights;
b. General human rights oversight during the transitional period;
c. The investigation of human rights complaints.
and.
Where appropriate, corrective action.
Annex 2:
Withdrawal, Cease-Fire and Related Measures
Article I:
Cease-fire
1. All Cambodian Parties (hereinafter referred to as "the Parties") agree to observe a
comprehensive cease-fire on land and water and in the air.
This cease-fire will be implemented
in two phases.
During the first phase, the cease-fire will be observed with the assistance of the
Secretary General of the United Nations through his good offices.
During the second phase,
which should commence as soon as possible, the cease-fire will be supervised, monitored and
verified by UNTAC.
The Commander of the military component of UNTAC, in consultation
with the Parties, shall determine the exact time and date at which the second phase will
commence.
This date will be set at least four weeks in advance of its coming into effect.
2. The Parties undertake that, upon the signing of this Agreement, they will observe a cease-fire
and will order their armed forces immediately to disengage and refrain from all hostilities and
any deployment, movement or action that would extend the territory they control or that might
lead to a resumption of fighting, pending the commencement of the second phase. "
Forces" are
agreed to include all regular, provincial, district, paramilitary and other auxiliary forces.
During the first phase, the Secretary-General of the United Nations will provide his good
offices to the Parties to assist them in its observance.
The Parties undertake to cooperate with
the Secretary-General or his representatives in the exercise of his good offices in this regard.
3. The Parties agree that, immediately upon the signing of this Agreement, the following
information will be provided to the United Nations:
a. Total strength of their forces, organization, precise number and location of deployments
inside and outside Cambodia.
The deployment will be depicted on a map marked with
locations of all troop positions, occupied or unoccupied, including staging camps,
supply bases and supply routes;
b. Comprehensive lists of arms, ammunition and equipment held by their forces, and the
exact locations at which those arms, ammunition and equipment are deployed;
c. Detailed record of their minefields, including types and characteristics of mines laid
and information of booby traps used by them together with any information available to
them about minefields laid or booby traps used by the other Parties;
d. Total strength of their police forces, organization, precise numbers and locations of
deployments as well as comprehensive lists of their arms, ammunition and equipment
and the exact locations at which those arms, ammunition and equipment are deployed.
4. Immediately upon his arrival in Cambodia, and not later than four weeks before the beginning
of the second phase, the Commander of the military component of UNTAC will, in
consultation with the Parties, finalize UNTAC's plan for the regroupment and cantonment of
the forces of the Parties and for the storage of their arms, ammunition and equipment, in
accordance with Article lll of this annex.
This plan will include the designation of regroupment
and cantonment areas, as well as an agreed timetable.
The cantonment areas will be established
at battalion size or larger.
5. The Parties agree to take steps to inform their forces at least two weeks before the beginning of
the second phase, using all possible means of communication, about the agreed date and time
of the beginning of the second phase, about the agreed plan for the regroupment and
cantonment of their forces and for the storage of their arms, ammunition and equipment and, in
particular, about the exact locations of the regroupment areas to which their forces are to
report.
Such information will continue to be disseminated for a period of four weeks after the
beginning of the second phase.
6. The Parties shall scrupulously observe the cease-fire and will not resume any hostilities by
land, water or air.
The commanders of their armed forces will ensure that all troops under their
command remain on their respective positions, pending their movement to the designated
regroupment areas, and refrain from all hostilities and from any deployment or movement or
action which would extend the territory they control or which might lead to a resumption of
fighting.
Article II:
Liaison system and Mixed Military Working Group
A Mixed Military Working Group (MMWG) will be established with a view to resolving any
problems that may arise in the observance of the cease-fire.
It will be chaired by the most senior
United Nations military officer in Cambodia or his representative.
Each Party agrees to designate an
officer of the rank of brigadier or equivalent to serve on the MMWG.
Its composition, method of
operation and meeting places will be determined by the most senior United Nations military officer in
consultation with the Parties.
Similar liaison arrangements will be made at lower military command
levels to resolve practical problems on the ground.
Article III:
Regroupment and cantonment of the forces of the Parties and storage of their arms,
ammunition and equipment
1. In accordance with the operational timetable referred to in paragraph 4 of Article I of the
present annex, all forces of the Parties that are not already in designated cantonment areas will
report to designated regroupment areas, which will be established and operated by the military
component of UNTAC.
These regroupment areas will be established and operational not later
than one week prior to the date of the beginning of the second phase.
The Parties agree to
arrange for all their forces, with all their arms, ammunition and equipment, to report to
regroupment areas within two weeks after the beginning of the second phase.
All personnel
who have reported to the regroupment areas will thereafter be escorted by personnel of the
military component of UNTAC, with their arms, ammunition and equipment, to designated
cantonment areas.
All Parties agree to ensure that personnel reporting to the regroupment areas
will be able to do so in full safety and without any hindrance.
2. On the basis of the information provided in accordance with paragraph 3 of Article I of the
present annex, UNTAC will confirm that the regroupment and cantonment processes have been
completed in accordance with the plan referred to in paragraph 4 of Article I of this annex.
UNTAC will endeavour to complete these processes within four weeks from the date of the
beginning of the second phase.
On the completion of regroupment of all forces and of their
movement to cantonment areas, respectively, the Commander of the military component of
UNTAC will so inform each of the four Parties.
3. The Parties agree that, as their forces enter the designated cantonment areas, their personnel
will be instructed by their commanders to immediately hand over all their arms, ammunition
and equipment to UNTAC for storage in the custody of UNTAC.
4. UNTAC will check the arms, ammunition and equipment handed over to it against the lists
referred to in paragraph 3.
b) of Article I of this annex, in order to verify that all the arms,
ammunition and equipment in the possession of the Parties have been placed under its custody.
Article IV:
Resupply of forces during cantonment
The military component of UNTAC will supervise the resupply of all forces of the Parties during the
regroupment and cantonment processes.
Such resupply will be confined to items of a non-lethal nature
such as food, water, clothing and medical supplies as well as provision of medical care.
Article V:
Ultimate disposition of the forces of the Parties and of their arms, ammunition and
equipment
1. In order to reinforce the objectives of a comprehensive political settlement, minimize the risks
of a return to warfare, stabilize the security situation and build confidence among the Parties to
the conflict, all Parties agree to undertake a phased and balanced process of demobilization of
at least 70 per cent of their military forces.
This process shall be undertaken in accordance with
a detailed plan to be drawn up by UNTAC on the basis of the information provided under
Article I of this annex and in consultation with the Parties.
It should be completed prior to the
end of the process of registration for the elections and on a date to be determined by the
Special Representative of the Secretary General.
2. The Cambodian Parties hereby commit themselves to demobilize all their remaining forces
before or shortly after the elections and, to the extent that full demobilization is unattainable, to
respect and abide by whatever decision the newly elected government that emerges in
accordance with Article 12 of this Agreement takes with regard to the incorporation of parts or
all of those forces into a new national army.
Upon completion of the demobilization referred to
in paragraph 1, the Cambodian Parties and the Special Representative of the Secretary General
shall undertake a review regarding the final disposition of the forces remaining in the
cantonments, with a view to determining which of the following shall apply:
a. If the Parties agree to proceed with the demobilization of all or some of the forces
remaining in the cantonments, preferably prior to or otherwise shortly after the
elections, the Special Representative shall prepare a timetable for so doing, in
consultation with them;
b. Should total demobilization of all of the residual forces before or shortly after the
elections not be possible, the Parties hereby undertake to make available all of their
forces remaining in cantonments to the newly elected government that emerges in
accordance with Article 12 of this Agreement, for consideration for incorporation into a
new national army.
They further agree that any such forces which are not incorporated
into the new national army will be demobilized forthwith according to a plan to be
prepared by the Special Representative.
With regard to the ultimate disposition of the
remaining forces and all the arms, ammunition and equipment, UNTAC, as it
withdraws from Cambodia, shall retain such authority as is necessary to ensure an
orderly transfer to the newly elected government of those responsibilities it has
exercised during the transitional period.
3. UNTAC will assist, as required, with the reintegration into civilian life of the forces
demobilized prior to the elections.
4.
a. UNTAC will control and guard all the arms, ammunition and equipment of the Parties
throughout the transitional period;
b. As the cantoned forces are demobilized in accordance with paragraph 1 above, there
will be a parallel reduction by UNTAC of the arms, ammunition and equipment stored
on site in the cantonment areas.
For the forces remaining in the cantonment areas,
access to their arms, ammunition and equipment shall only be on the basis of the
explicit authorization of the Special Representative of the Secretary-General;
c. If there is a further demobilization of the military forces in accordance with paragraph
2. a) above, there will be a commensurate reduction by UNTAC of the arms,
ammunition and equipment stored on site in the cantonment areas;
d. The ultimate disposition of all arms, ammunition and equipment will be determined by
the government that emerges through the free and fair elections in accordance with
Article 12 of this Agreement.
Article VI :
Verification of withdrawal from Cambodia and non-return of all categories of
foreign forces
1. UNTAC shall be provided, no later than two weeks before the commencement of the second
phase of the cease-fire, with detailed information in writing regarding the withdrawal of
foreign forces.
This information shall include the following elements:
a. Total strength of these forces and their organization and deployment;
b. Comprehensive lists of arms, ammunition and equipment held by these forces, and their
exact locations;
c. Withdrawal plan (already implemented or to be implemented), including withdrawal
routes, border crossing points and time of departure from Cambodia.
2. On the basis of the information provided in accordance with paragraph 1 above, UNTAC will
undertake an investigation in the manner it deems appropriate.
The Party providing the
information will be required to make personnel available to accompany UNTAC investigators.
3. Upon confirmation of the presence of any foreign forces, UNTAC will immediately deploy
military personnel with the foreign forces and accompany them until they have withdrawn
from Cambodian territory.
UNTAC will also establish checkpoints on withdrawal routes,
border crossing points and airfields to verify the withdrawal and ensure the non return of all
categories of foreign forces.
4. The Mixed Military Working Group (MMWG) provided for in Article II of this annex will
assist UNTAC in fulfilling the above-mentioned tasks.
Article VII:
Cessation of outside military assistance to all Cambodian Parties
1. All Parties undertake, from the time of the signing of this Agreement, not to obtain or seek any
outside military assistance, including weapons, ammunition and military equipment from
outside sources.
2. The Signatories whose territory is adjacent to Cambodia, namely, the Governments of the Lao
People's Democratic Republic, the Kingdom of Thailand and the Socialist Republic of Viet
Nam, undertake to:
a. Prevent the territories of their respective States, including land territory, territorial sea
and air space, from being used for the purpose of providing any form of military
assistance to any of the Cambodian Parties.
Resupply of such items as food, water,
clothing and medical supplies through their territories will be allowed, but shall,
without prejudice to the provisions of sub-paragraph c) below, be subject to UNTAC
supervision upon arrival in Cambodia;
b. Provide written confirmation to the Commander of the military component of UNTAC,
not later than four weeks after the second phase of the cease-fire begins, that no forces,
arms, ammunition or military equipment of any of the Cambodian Parties are present
on their territories;
c. Receive an UNTAC liaison officer in each of their capitals and designate an officer of
the rank of colonel or equivalent, not later than four weeks after the beginning of the
second phase of the cease-fire, in order to assist UNTAC in investigating, with due
respect for their sovereignty, any complaints that activities are taking place on their
territories that are contrary to the provisions of the comprehensive political settlement.
3. To enable UNTAC to monitor the cessation of outside assistance to all Cambodian Parties, the
Parties agree that, upon signature of this Agreement, they will provide to UNTAC any
information available to them about the routes and means by which military assistance,
including weapons, ammunition and military equipment, have been supplied to any of the
Parties.
Immediately after the second phase of the cease-fire begins, UNTAC will take the
following practical measures:
a. Establish checkpoints along the routes and at selected locations along the Cambodian
side of the border and at airfields inside Cambodia;
b. Patrol the coastal and inland waterways of Cambodia;
c. Maintain mobile teams at strategic locations within Cambodia to patrol and investigate
allegations of supply of arms to any of the Parties.
Article VIII:
Caches of weapons and military supplies
1. In order to stabilize the security situation, build confidence and reduce arms and military
supplies throughout Cambodia, each Party agrees to provide to the Commander of the military
component of UNTAC, before a date to be determined by him, all information at its disposal,
including marked maps, about known or suspected caches of weapons and military supplies
throughout Cambodia.
2. On the basis of information received, the military component of UNTAC shall, after the date
referred to in paragraph 1, deploy verification teams to investigate each report and destroy each
cache found.
Article IX:
Unexploded ordnance devices
1. Soon after arrival in Cambodia, the military component of UNTAC shall ensure, as a first step,
that all known minefields are clearly marked.
2. The Parties agree that, after completion of the regroupment and cantonment processes in
accordance with Article III of the present annex, they will make available mine-clearing teams
which, under the supervision and control of UNTAC military personnel, will leave the
cantonment areas in order to assist in removing, disarming or deactivating remaining
unexploded ordnance devices.
Those mines or objects which cannot be removed, disarmed or
deactivated will be clearly marked in accordance with a system to be devised by the military
component of UNTAC.
3. UNTAC shall:
a. Conduct a mass public education programme in the recognition and avoidance of
explosive devices;
b. Train Cambodian volunteers to dispose of unexploded ordnance devices;
c. Provide emergency first-aid training to Cambodian volunteers.
Article X:
Investigation of violations
1. After the beginning of the second phase, upon receipt of any information or complaint from
one of the Parties relating to a possible case of non compliance with any of the provisions of
the present annex or related provisions, UNTAC will undertake an investigation in the manner
which it deems appropriate.
Where the investigation takes place in response to a complaint by
one of the Parties, that Party will be required to make personnel available to accompany the
UNTAC investigators.
The results of such investigation will be conveyed by UNTAC to the
complaining Party and the Party complained against, and if necessary to the SNC.
2. UNTAC will also carry out investigations on its own initiative in other cases when it has
reason to believe or suspect that a violation of this annex or related provisions may be taking
place.
Article XI :
Release of prisoners of war
The military component of UNTAC will provide assistance as required to the International Committee
of the Red Cross in the latter's discharge of its functions relating to the release of prisoners of war.
Article XII:
Repatriation and resettlement of displaced Cambodians
The military component of UNTAC will provide assistance as necessary in the repatriation of
Cambodian refugees and displaced persons carried out in accordance with Articles 19 and 20 of this
Agreement, in particular in the clearing of mines from repatriation routes, reception centres and
resettlement areas, as well as in the protection of the reception centres.
Annex 3:
Elections
1. The constituent assembly referred to in Article 12 of the Agreement shall consist of 120
members.
Within three months from the date of the election, it shall complete its tasks of
drafting and adopting a new Cambodian Constitution and transform itself into a legislative
assembly which will form a new Cambodian Government.
2. The election referred to in Article 12 of the Agreement will be held throughout Cambodia on a
provincial basis in accordance with a system of proportional representation on the basis of lists
of candidates put forward by political parties.
3. All Cambodians, including those who at the time of signature of this Agreement are
Cambodian refugees and displaced persons, will have the same rights, freedoms and
opportunities to take part in the electoral process.
4. Every person who has reached the age of eighteen at the time of application to register, or who
turns eighteen during the registration period, and who either was born in Cambodia or is the
child of a person born in Cambodia, will be eligible to vote in the election.
5. Political parties may be formed by any group of five thousand registered voters.
Party
platforms shall be consistent with the principles and objectives of the Agreement on a
comprehensive political settlement.
6. Party affiliation will be required in order to stand for election to the constituent assembly.
Political parties will present lists of candidates standing for election on their behalf, who will
be registered voters.
7. Political parties and candidates will be registered in order to stand for election.
UNTAC will
confirm that political parties and candidates meet the established criteria in order to qualify for
participation in the election.
Adherence to a Code of Conduct established by UNTAC in
consultation with the SNC will be a condition for such participation.
8. Voting will be by secret ballot, with provision made to assist those who are disabled or who
cannot read or write.
9. The freedoms of speech, assembly and movement will be fully respected.
All registered
political parties will enjoy fair access to the media, including the press, television and radio.
Annex 4:
Repatriation of Cambodian Refugees and Displaced Persons
Part I .
Introduction
1. As part of the comprehensive political settlement, every assistance will need to be given to
Cambodian refugees and displaced persons as well as to countries of temporary refuge and the
country of origin in order to facilitate the voluntary return of all Cambodian refugees and
displaced persons in a peaceful and orderly manner.
It must also be ensured that there would be
no residual problems for the countries of temporary refuge.
The country of origin with
responsibility towards its own people will accept their return as conditions become conducive.
Part II :
Conditions Conducive to The Return of Refugees and Displaced Persons
2. The task of rebuilding the Cambodian nation will require the harnessing of all its human and
natural resources.
To this end, the return to the place of their choice of Cambodians from their
temporary refuge and elsewhere outside their country of origin will make a major contribution.
3. Every effort should be made to ensure that the conditions which have led to a large number of
Cambodian refugees and displaced persons seeking refuge in other countries should not recur.
Nevertheless, some Cambodian refugees and displaced persons will wish and be able to return
spontaneously to their homeland.
4. There must be full respect for the human rights and fundamental freedoms of all Cambodians,
including those of the repatriated refugees and displaced persons, in recognition of their
entitlement to live in peace and security, free from intimidation and coercion of any kind.
These rights would include, inter alia, freedom of movement within Cambodia, the choice of
domicile and employment, and the right to property.
5. In accordance with the comprehensive political settlement, every effort should be made to
create concurrently in Cambodia political, economic and social conditions conducive to the
return and harmonious integration of the Cambodian refugees and displaced persons.
6. With a view to ensuring that refugees and displaced persons participate in the elections, mass
repatriation should commence and be completed as soon as possible, taking into account all the
political, humanitarian, logistical, technical and socio-economic factors involved, and with the
cooperation of the SNC.
7. Repatriation of Cambodian refugees and displaced persons should be voluntary and their
decision should be taken in full possession of the facts.
Choice of destination within Cambodia
should be that of the individual.
The unity of the family must be preserved.
Part III .
Operational Factors
8. Consistent with respect for principles of national sovereignty in the countries of temporary
refuge and origin, and in close cooperation with the countries of temporary refuge and origin,
full access by the Office of the United Nations High Commissioner for Refugees (UNHCR),
ICRC and other relevant international agencies should be guaranteed to all Cambodian
refugees and displaced persons, with a view to the agencies undertaking the census, tracing,
medical assistance, food distribution and other activities vital to the discharge of their mandate
and operational responsibilities;
such access should also be provided in Cambodia to enable the
relevant international organizations to carry out their traditional monitoring as well as
operational responsibilities.
9. In the context of the comprehensive political settlement, the Signatories note with satisfaction
that the Secretary-General of the United Nations has entrusted UNHCR with the role of
leadership and coordination among intergovernmental agencies assisting with the repatriation
and relief of Cambodian refugees and displaced persons.
The Signatories look to all nongovernmental
organizations to coordinate as much as possible their work for the Cambodian
refugees and displaced persons with that of UNHCR.
10. The SNC, the Governments of the countries in which the Cambodian refugees and displaced
persons have sought temporary refuge, and the countries which contribute to the repatriation
and integration effort will wish to monitor closely and facilitate the repatriation of the
returnees.
An ad hoc consultative body should be established for a limited term for these
purposes.
The UNHCR, the ICRC, and other international agencies as appropriate, as well as
UNTAC, would be invited to join as full participants.
11. Adequately monitored short-term repatriation assistance should be provided on an impartial
basis to enable the families and individuals returning to Cambodia to establish their lives and
livelihoods harmoniously in their society.
These interim measures would be phased out and
replaced in the longer term by the reconstruction programme.
12. Those responsible for organizing and supervising the repatriation operation will need to ensure
that conditions of security are created for the movement of the refugees and displaced persons.
In this respect, it is imperative that appropriate border crossing points and routes be designated
and cleared of mines and other hazards.
13. The international community should contribute generously to the financial requirements of the
repatriation operation.
Annex 5:
Principles for a New Constitution for Cambodia
1. The constitution will be the supreme law of the land.
It may be amended only by a designated
process involving legislative approval, popular referendum, or both.
2. Cambodia's tragic recent history requires special measures lo assure protection of human
rights.
Therefore, the constitution will contain a declaration of fundamental rights, including
the rights to life, personal liberty, security, freedom of movement, freedom of religion,
assembly and association including political parties and trade unions, due process and equality
before the law, protection from arbitrary deprivation of property or deprivation of private
property without just compensation, and freedom from racial, ethnic, religious or sexual
discrimination.
It will prohibit the retroactive application of criminal law.
The declaration will
be consistent with the provisions of the Universal Declaration of Human Rights and other
relevant international instruments.
Aggrieved individuals will be entitled to have the courts
adjudicate and enforce these rights.
3. The constitution will declare Cambodia's status as a sovereign, independent and neutral State,
and the national unity of Cambodian people.
4. The constitution will state that Cambodia will follow a system of liberal democracy, on the
basis of pluralism.
It will provide for periodic and genuine elections.
It will provide for the
right to vote and to be elected by universal and equal suffrage.
It will provide for voting by
secret ballot, with a requirement that electoral procedures provide a full and fair opportunity to
organize and participate in the electoral process.
5. An independent judiciary will be established, empowered to enforce the rights provided under
the constitution.
6. The constitution will be adopted by a two-thirds majority of the members of the constituent
assembly.