Final Act of the Paris Conference on Cambodia (Framework for a Comprehensive Political Settlement of the Cambodia Conflict or Paris Accords)

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Country/entity: Cambodia
Region: Asia and Pacific
Agreement name: Final Act of the Paris Conference on Cambodia (Framework for a Comprehensive Political Settlement of the Cambodia Conflict or Paris Accords)
Date: 23 Oct 1991
Agreement status: Unilateral document
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
Cambodia Conflict (1975 - 1999)
After the agro-communist Khmer Rouge won the 1970-75 civil war, they installed a regime that subsequently killed almost 2 million people. Despite previous cooperation with Vietnamese communists, the Khmer Rouge feared the potential power of their neighbour and began purging Vietnamese-trained members of their cadre as well as launching attacks on the Vietnamese border from 1975 onwards. In response, Vietnam launched a full invasion in 1978, displacing the Khmer Rouge government and installing a puppet government in Phnom Penh. Vietnam continued fighting members of the Khmer Rouge until Vietnamese forces withdrew in 1989 and in 1991, the UN mediated a ceasefire. By 1992, however, the Khmer Rouge withdrew from the agreement and resumed fighting until they were defeated in 1999. Meanwhile, the 1993 elections formed a power-sharing arrangement between the two largest political parties; Cambodian People’s Party (CPP) and the National United Front for an Independent, Neutral, Peaceful and Cooperative Cambodia (FUNCINPEC). However, the CPP consolidated political power following the overthrow of FUNCINPEC’s co-Prime Minister in mid-1997.
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 summary document of the Paris conference process in which the parties agree the adoption of the comprehensive political settlement, agreement on sovereignty, and the agreement on rehabilitation and reconstruction. Other issues covered include prisoner release, respect for human rights, an enhanced role for the United Nations in the run up to general elections, and a request for international funds to support Cambodia's reconstruction.

Agreement document: KH_911023_final_act.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Substantive
Page 1, 6: The Conference organized itself into three working committees of the whole, which met throughout the first session of the Conference. The First Committee dealt with military matters, the Second Committee dealt with the question of international guarantees, and the Third Committee with the repatriation of refugees and displaced persons and the eventual reconstruction of Cambodia.

...The officers of each committee were as follows
Third Committee
Co-Chairmen:
Mr. Yukio Imagawa (Japan)
Mr. Robert Merrillees (Australia)
Rapporteur: Colonel Ronachuck Swasdikiat (Thailand)

Page 2, 10: At the second session, the Conference adopted the following instruments:
1. Agreement on a comprehensive political settlement of the Cambodia conflict, with annexes on the mandate for UNTAC, military matters, elections, repatriation of Cambodian refugees and displaced persons, and the principles for a new Cambodian constitution;
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 2, 10: At the second session, the Conference adopted the following instruments:
...2. Agreement concerning the sovereignty, independence, territorial integrity and inviolability, neutrality and national unity of Cambodia; and...
...These instruments represent an elaboration of the "Framework for a Comprehensive Political Settlement of the Cambodia Conflict" adopted by the five permanent members of the United Nations Security Council on 28 August 1990, and of elements of the work accomplished at the first session of the Conference. They entail a continuing process of national reconciliation and an enhanced role for the United Nations, thus enabling the Cambodian people to determine their own political future through free and fair elections organized and conducted by the United Nations in a neutral political environment with full respect for the national sovereignty of Cambodia.

Page 3, 11: These instruments, which together form the comprehensive settlement the achievement of which was the objective of the Paris Conference, are being presented for signature to the States participating in the Paris Conference. On behalf of Cambodia, the instruments will be signed by the twelve members of the Supreme National Council of Cambodia, which is the unique legitimate body and source of authority enshrining the sovereignty, independence and unity of Cambodia.
State configuration: No specific mention.
Self determination: Page 2, 10: At the second session, the Conference adopted the following instruments:
...2. Agreement concerning the sovereignty, independence, territorial integrity and inviolability, neutrality and national unity of Cambodia; and...
...These instruments represent an elaboration of the "Framework for a Comprehensive Political Settlement of the Cambodia Conflict" adopted by the five permanent members of the United Nations Security Council on 28 August 1990, and of elements of the work accomplished at the first session of the Conference. They entail a continuing process of national reconciliation and an enhanced role for the United Nations, thus enabling the Cambodian people to determine their own political future through free and fair elections organized and conducted by the United Nations in a neutral political environment with full respect for the national sovereignty of Cambodia.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: Page 2, 10: At the second session, the Conference adopted the following instruments:
1. Agreement on a comprehensive political settlement of the Cambodia conflict, with annexes on the mandate for UNTAC, military matters, elections, repatriation of Cambodian refugees and displaced persons, and the principles for a new Cambodian constitution;
2. Agreement concerning the sovereignty, independence, territorial integrity and inviolability, neutrality and national unity of Cambodia; and
3. Declaration on the rehabilitation and reconstruction of Cambodia
These instruments represent an elaboration of the "Framework for a Comprehensive Political Settlement of the Cambodia Conflict" adopted by the five permanent members of the United Nations Security Council on 28 August 1990, and of elements of the work accomplished at the first session of the Conference. They entail a continuing process of national reconciliation and an enhanced role for the United Nations, thus enabling the Cambodian people to determine their own political future through free and fair elections organized and conducted by the United Nations in a neutral political environment with full respect for the national sovereignty of Cambodia.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 3, 13: The States participating in the Conference request the International Committee of the Red Cross to facilitate, in accordance with its principles, the release of prisoners of war and civilian internees. They express their readiness to assist the ICRC in this task
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 2, 10: At the second session, the Conference adopted the following instruments:
1. Agreement on a comprehensive political settlement of the Cambodia conflict, with annexes on the mandate for UNTAC, military matters, elections, repatriation of Cambodian refugees and displaced persons, and the principles for a new Cambodian constitution;

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 3, 12: ...Above all, in view of the recent tragic history of Cambodia, the States participating in the Conference commit themselves to promote and encourage respect for and observance of human rights and fundamental freedoms in Cambodia, as embodied in the relevant international instruments to which they are party.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
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→Infrastructure and reconstruction
Page 1, 6: The Conference organized itself into three working committees of the whole, which met throughout the first session of the Conference. The First Committee dealt with military matters, the Second Committee dealt with the question of international guarantees, and the Third Committee with the repatriation of refugees and displaced persons and the eventual reconstruction of Cambodia.

Page 2, 10: At the second session, the Conference adopted the following instruments:
...3. Declaration on the rehabilitation and reconstruction of Cambodia
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Page 3, 12: The States participating in the Conference call upon the co-Presidents of the Conference to transmit an authentic copy of the comprehensive political settlement instruments to the Secretary-General of the United Nations. The States participating in the Conference request the Secretary General to take the appropriate steps in order to enable consideration of the comprehensive settlement by the United Nations Security Council at the earliest opportunity. They pledge their full cooperation in the fulfillment of this comprehensive settlement and their assistance in its implementation.
Above all, in view of the recent tragic history of Cambodia, the States participating in the Conference commit themselves to promote and encourage respect for and observance of human rights and fundamental freedoms in Cambodia, as embodied in the relevant international instruments to which they are party.

Page 3, 15: Further recognizing the need for a concerted international effort to assist Cambodia in the tasks of rehabilitation and reconstruction, the States participating in the Conference urge the international community to provide generous economic and financial support for the measures set forth in the Declaration on the Rehabilitation and Reconstruction of Cambodia.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: Page 1, 6: The Conference organized itself into three working committees of the whole, which met throughout the first session of the Conference. The First Committee dealt with military matters, the Second Committee dealt with the question of international guarantees, and the Third Committee with the repatriation of refugees and displaced persons and the eventual reconstruction of Cambodia.

The officers of each committee were as follows

First Committee
Co-Chairmen:
Mr. C.R. Gharekhan (India)
Mr. Allan Sullivan (Canada)

Rapporteur: Ms. Victoria Sisante-Bataclan (Philippines)...

Page 2, 10: At the second session, the Conference adopted the following instruments:
1. Agreement on a comprehensive political settlement of the Cambodia conflict, with annexes on the mandate for UNTAC, military matters, elections, repatriation of Cambodian refugees and displaced persons, and the principles for a new Cambodian constitution;
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: Page 3, 13: The States participating in the Conference request the International Committee of the Red Cross to facilitate, in accordance with its principles, the release of prisoners of war and civilian internees. They express their readiness to assist the ICRC in this task
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 2, 6: ...The Conference also established an Ad Hoc Committee, composed of the representatives of the four Cambodian Parties and chaired by the representatives of the two co-Presidents of the Conference, whose mandate involved matters related to national reconciliation among the Cambodian Parties. The Ad Hoc Committee held several meetings during the first session of the Conference.

Page 2, 10:...These instruments represent an elaboration of the "Framework for a Comprehensive Political Settlement of the Cambodia Conflict" adopted by the five permanent members of the United Nations Security Council on 28 August 1990, and of elements of the work accomplished at the first session of the Conference. They entail a continuing process of national reconciliation and an enhanced role for the United Nations, thus enabling the Cambodian people to determine their own political future through free and fair elections organized and conducted by the United Nations in a neutral political environment with full respect for the national sovereignty of Cambodia.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 2, 10: At the second session, the Conference adopted the following instruments:
1. Agreement on a comprehensive political settlement of the Cambodia conflict, with annexes on the mandate for UNTAC, military matters, elections, repatriation of Cambodian refugees and displaced persons, and the principles for a new Cambodian constitution;
...These instruments represent an elaboration of the "Framework for a Comprehensive Political Settlement of the Cambodia Conflict" adopted by the five permanent members of the United Nations Security Council on 28 August 1990, and of elements of the work accomplished at the first session of the Conference. They entail a continuing process of national reconciliation and an enhanced role for the United Nations, thus enabling the Cambodian people to determine their own political future through free and fair elections organized and conducted by the United Nations in a neutral political environment with full respect for the national sovereignty of Cambodia.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: USIP: http://www.usip.org/publications/peace-agreements-digital-collection

Final Act of the Paris Conference on Cambodia

Concerned by the tragic conflict and continuing bloodshed in Cambodia, the Paris Conference on Cambodia was convened, at the invitation of the Government of the French Republic, in order to achieve an internationally guaranteed comprehensive settlement which would restore peace to that country.

The Conference was held in two sessions, the first from 30 July to 30 August 1989, and the second from 21 to 23 October 1991.

The co-Presidents of the Conference were H. E. Mr. Roland Dumas, Minister for Foreign Affairs of the French Republic, and H. E. Mr. Ali Alatas, Minister for Foreign Affairs of the Republic of Indonesia.

The following States participated in the Conference:

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 and the Socialist Republic of Viet Nam.

In addition, the Non-Aligned Movement was represented at the Conference by its current Chairman at each session, namely Zimbabwe at the first session and Yugoslavia at the second session.

At the first session of the Conference, Cambodia was represented by the four Cambodian Parties.

The Supreme National Council of Cambodia, under the leadership of its President,

H.R.H. Prince Norodom Sihanouk, represented Cambodia at the second session of the Conference.

The Secretary-General of the United Nations, H.E. Mr. Javier Perez de Cuellar, and his Special Representative, Mr. Rafeeuddin Ahmed, also participated in the Conference.

The Conference organized itself into three working committees of the whole, which met throughout the first session of the Conference.

The First Committee dealt with military matters, the Second Committee dealt with the question of international guarantees, and the Third Committee with the repatriation of refugees and displaced persons and the eventual reconstruction of Cambodia.

The officers of each committee were as follows

First Committee

Co-Chairmen:

Mr. C.R. Gharekhan (India)

Mr. Allan Sullivan (Canada)

Rapporteur:

Ms. Victoria Sisante-Bataclan (Philippines)

Second Committee

Co-Chairmen:

Mr. Soulivong Phrasithideth (Laos)

Dato' Zainal Abidin Ibrahim (Malaysia)

Rapporteur:

Mr. Herve Dejean de la Batie (France)

Third Committee

Co-Chairmen:

Mr. Yukio Imagawa (Japan)

Mr. Robert Merrillees (Australia)

Rapporteur:

Colonel Ronachuck Swasdikiat (Thailand)

The Conference also established an Ad Hoc Committee, composed of the representatives of the four Cambodian Parties and chaired by the representatives of the two co-Presidents of the Conference, whose mandate involved matters related to national reconciliation among the Cambodian Parties.

The Ad Hoc Committee held several meetings during the first session of the Conference.

The Coordination Committee of the Conference, chaired by the representatives of the two co- Presidents, was established and given responsibility for general coordination of the work of the other four committees.

The Coordination Committee met at both the first and second sessions of the Conference.

An informal meeting of the Coordination Committee was also held in New York on 21 September 1991.

At the conclusion of the first session, the Conference had achieved progress in elaborating a wide variety of elements necessary for the achievement of a comprehensive settlement of the conflict in Cambodia.

The Conference noted, however, that it was not yet possible to achieve a comprehensive settlement.

It was therefore decided to suspend the Conference on 30 August 1989.

However, in doing so, the Conference urged all parties concerned to intensify their efforts to achieve a comprehensive settlement, and asked the co-Presidents to lend their good offices to facilitate these efforts.

Following the suspension of the first session of the Conference, the co-Presidents and the Secretary-General of the United Nations undertook extensive consultations, in particular with the five permanent members of the United Nations Security Council, with the Supreme National Council of Cambodia, and with other participants in the Paris Conference.

The object of these consultations was to forge agreement on all aspects of a settlement, to ensure that all initiatives to this end were compatible and to enhance the prospects of ending the bloodshed in Cambodia at the earliest possible date.

The efforts of the co-Presidents and the Secretary-General paved the way for the reconvening of the Paris Conference on Cambodia.

At the inaugural portion of the final meeting of the Paris Conference, on 23 October 1991, the Conference was addressed by H.E. Mr. Francois Mitterrand, President of the French Republic, H.R.H. Prince Norodom Sihanouk, President of the Supreme National Council of Cambodia, and H.E. Mr. Javier Perez de Cuellar, Secretary-General of the United Nations.

At the second session, the Conference adopted the following instruments:

Agreement on a comprehensive political settlement of the Cambodia conflict, with annexes on the mandate for UNTAC, military matters, elections, repatriation of Cambodian refugees and displaced persons, and the principles for a new Cambodian constitution;

Agreement concerning the sovereignty, independence, territorial integrity and inviolability, neutrality and national unity of Cambodia;

and

Declaration on the rehabilitation and reconstruction of Cambodia

These instruments represent an elaboration of the "Framework for a Comprehensive Political Settlement of the Cambodia Conflict" adopted by the five permanent members of the United Nations Security Council on 28 August 1990, and of elements of the work accomplished at the first session of the Conference.

They entail a continuing process of national reconciliation and an enhanced role for the United Nations, thus enabling the Cambodian people to determine their own political future through free and fair elections organized and conducted by the United Nations in a neutral political environment with full respect for the national sovereignty of Cambodia.

These instruments, which together form the comprehensive settlement the achievement of which was the objective of the Paris Conference, are being presented for signature to the States participating in the Paris Conference.

On behalf of Cambodia, the instruments will be signed by the twelve members of the Supreme National Council of Cambodia, which is the unique legitimate body and source of authority enshrining the sovereignty, independence and unity of Cambodia.

The States participating in the Conference call upon the co-Presidents of the Conference to transmit an authentic copy of the comprehensive political settlement instruments to the Secretary-General of the United Nations.

The States participating in the Conference request the Secretary General to take the appropriate steps in order to enable consideration of the comprehensive settlement by the United Nations Security Council at the earliest opportunity.

They pledge their full cooperation in the fulfillment of this comprehensive settlement and their assistance in its implementation.

Above all, in view of the recent tragic history of Cambodia, the States participating in the Conference commit themselves to promote and encourage respect for and observance of human rights and fundamental freedoms in Cambodia, as embodied in the relevant international instruments to which they are party.

The States participating in the Conference request the International Committee of the Red Cross to facilitate, in accordance with its principles, the release of prisoners of war and civilian internees.

They express their readiness to assist the ICRC in this task

The States participating in the Conference invite other States to accede to the Agreement on a Comprehensive Political Settlement of the Cambodia Conflict and to the Agreement concerning the Sovereignty, Independence, Territorial Integrity and Inviolability, Neutrality and National Unity of Cambodia.

Further recognizing the need for a concerted international effort to assist Cambodia in the tasks of rehabilitation and reconstruction, the States participating in the Conference urge the international community to provide generous economic and financial support for the measures set forth in the Declaration on the Rehabilitation and Reconstruction of Cambodia.

In witness whereof the representatives have signed this Final Act.

Done at Paris this twenty-third day of October one thousand nine hundred and ninety-one, in two copies in the Chinese, English, French, Khmer and Russian languages, each text being equally authentic.

The originals of this Final Act shall be deposited with the Governments of the French Republic and of the Republic of Indonesia.