Afghan Peace Accord (Islamabad Accord)

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Country/entity: Afghanistan
Region: Europe and Eurasia
Agreement name: Afghan Peace Accord (Islamabad Accord)
Date: 7 Mar 1993
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Afghan Wars (1979 - )
The agreements are drawn from two distinct conflict periods. Post Soviet-intervention period. First, after an uprising against the communist government, the Soviet Union invaded Afghanistan in December 1979 and set up a puppet government. Fierce resistance came in on the form of domestic and foreign Mujahidin fighters who, by 1988, forced the Soviet Union to withdraw. The Communist government that remained was defeated in 1992 against a background of violence, which spiralled into a tumultuous multi-party civil war with a strong tribal basis. In 1993 a peace accord was signed, but by 1994 the conflict realigned itself as the Islamic-based Taliban emerged from the refugee camps, eventually occupying the capital city of Kabul in September 1996 spurring groups that had militantly opposed the communist government to unite in opposition to the Taliban.

Post US-intervention period. After the terror attacks on September 11, 2001, the United States invaded Afghanistan and removed the Taliban from power. In December 2001, the UNSC mandated the International Security Assistance Force (ISAF) to assist Afghanistan’s interim authorities. In 2003 ISAF command was placed under NATO’s responsibility. Within three years, however, the Taliban managed to re-group and re-structure and launched intense resistance to the internationally-recognized Afghanistan government and NATO support troops. Despite this resurgence of the Taliban, NATO leaders lacked the necessary support for the mission abroad, and NATO troops were withdrawn by the end of 2014.
Stage: Framework/substantive - partial
Conflict nature: Government
Peace process: Afghanistan: 1990s Taliban process
Parties: Prof. Burhan-ud-Din Rabbani, President of the Islamic State of Afghanistan, Jamiat-e-Islami; Moulvi Muhammad Nabi Muhammadi, Harkat-e-Inqilab-e-Islami; Pir Syed Ahmed Gaillani, Mahaz-e-Milli; Sheikh Asif Mohseni, Harkat-e-Islami; Engr Gulbadin Hikmatyar, Hizb-e-Islami; Prof. Sibghatullah Mujjadidi, Jabha-e-Nijat-e-Milli; Engineer Ahmed Shah, Ahmadzai Ittehad-e-Islami; Ayatullah Fazil,Hizb-e-Wahdat-e-Islami
Third parties: -
Description: This agreement is comprised of two annexes; the first concerns the formation of a government, national army, a ceasefire, constitution, holding of elections and other issues; the second provides for the division of powers between different Mujahideen parties.

Agreement document: AF_930307_AfghanPeaceAccord.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Rhetorical
Page 2, Untitled Preamble
...
Recognizing the urgency...of facilitating the return of all Afghan refugees

Page 3, 6
...
Effective steps shall be taken to facilitate the return of displaced persons to their respective homes and locations;
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 5, Division of Powers, Preamble
The President of the Islamic State of Afghanistan is the Head of the State and symbol of unity and solidarity of the country and shall guide the affairs of the State in accordance with Islamic laws and the principles laid down in the Holy Quran and Sunnah.

Page 5, Division of Powers, Preamble, VI
The President shall have the following powers and duties:
...
(f) Consolidating national unity and upholding the independence, neutrality and the Islamic character of Afghanistan and the interests of all its citizens.

Page 6, Division of Powers, Preamble, VII
The Prime Minister and his Cabinet shall have the following duties and powers:
...
(f) Drafting and supervising implementation of the socio-economic and educational plans of the country with a view to establishing a self-reliant Islamic Welfare State.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→Temporary new institutions
Page 2, 1
All the parties and groups concerned have agreed as follows:
To the formation of a Government for a period of 18 months in which President Burhanuddin Rabbani would remain President and Eng. Gulbadin Hikrnatyar or his nominee would assume the office of Prime Minister. The powers of the President and Prime Minister and his cabinet which have been formulated through mutual consultations will form part of this Accord and is annexed

Page 3, 2
The Cabinet shall be formed by the Prime Minister in consultations with the President, and leaders of Mujahideen Parties within two weeks of the signing of this Accord;

Page 5, Division of Powers, Preamble, I
The Prime Minister shall form the Cabinet in consultation with the President and present the same to the President, who shall formally announce the Cabinet and take its oath. The Cabinet shall operate as a team under the leadership of the Prime Minister and shall work on the principle of collective responsibility.
Elections: Page 3, 3
The following electoral process is agreed for implementation in a period of not more than 18 months with effect from 29 December 1992:
(a) The immediate formation of an independent Election Commission by all parties with full powers; (b) The Election Commission shall be mandated to hold elections for a Grand Constituent Assembly within eight months from the date of signature of this Accord
Electoral commission: Page 3, 3
The following electoral process is agreed for implementation in a period of not more than 18 months with effect from 29 December 1992:
(a) The immediate formation of an independent Election Commission by all parties with full powers; (b) The Election Commission shall be mandated to hold elections for a Grand Constituent Assembly within eight months from the date of signature of this Accord
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 3, 2
...
(c) The duly elected Grant Constituent Assembly shall formulate a Constitution under which general elections for the President and the Parliament shall be held within the prescribed period of 18 months mentioned above

Power sharing

Political power sharing: Power sharing→Political power sharing→Executive coalition
State level
Page 2-3, All the parties and groups concerned have agreed as follows:
1. To the formation of a Government for a period of 18 months in which
President Burhanuddin Rabbani would remain President and
Eng. Gulbadin Hikmatyar or his nominee would assume the office of Prime
Minister. The powers of the President and Prime Minister and his cabinet which
have been formulated through mutual consultations will form part of this Accord
and is annexed;

2. The Cabinet shall be formed by the Prime Minister in consultations
with the President, and leaders of Mujahideen Parties within two weeks of the
signing of this Accord;

Page 5, Annex II, Division of Powers

I. The Prime Minister shall form the Cabinet in consultation with the President and present the same to the President, who shall formally announce the Cabinet and take its oath. The Cabinet shall operate as a team under the leadership of the Prime Minister and shall work on the principle of collective responsibility.
Power sharing→Political power sharing→Form of 'veto' or communal majority
State level
Page 5, Annex II, Division of Powers,
I.. . . . The Cabinet shall operate as a team under the leadership of the Prime Minister and shall work on the principle of collective responsibility.

II. The Prime Minister and the Cabinet shall regularly act in close consultation with the President on all important issues.

III. The President and the Prime Minister shall act in consultation with each other and shall try to resolve differences, if any, through mutual discussion. In case any issue remains unresolved, it should be decided by a reference to a joint meeting of the President and the Cabinet.

IV. All major policy decisions shall be made in the Cabinet, to be presided over by the Prime Minister. Ministers, Deputy Ministers and Ministers of State would be individually and collectively responsible for the decisions of the Government.

V. The formal appointment of the Chiefs of the Armed Forces shall be made in accordance with the existing practice and after mutual consultation.
Territorial power sharing: No specific mention.
Economic power sharing: Power sharing→Economic power sharing→Other
Page 3,
7. An All Party Committee shall be constituted to supervise control over the monetary system and currency regulations to keep it in conformity with
existing Afghan banking laws and regulations;
Military power sharing: Power sharing→Military power sharing→Merger of forces
4. A Defence Council comprising two members from each party will be set up to, inter alia,

(a) Enable the formation of a national Army;
Power sharing→Military power sharing→Proportionality
Page 3,

4. A Defence Council comprising two members from each party will be set up to, inter alia,

Page 4, 9
A Joint Commission comprising representatives of the Organization of the Islamic Conference and of all Afghan parties shall be formed to monitor the cease-fire and cessation of hostilities.

(a) Enable the formation of a national Army;

(b) Take possession of heavy weapons from all parties and sources which may be removed from Kabul and other cities and kept out of range to ensure the security of the Capital;

(C) Ensure that all roads in Afghanistan are kept open for normal use;

(d) Ensure that State funds shall not be used to finance private armies or armed retainers;

(e) Ensure that operational control of the armed forces shall be with the Defence Council;

Human rights and equality

Human rights/RoL general: No specific mention.
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: Page 3, 4
A Defence Council comprising two members from each party will be set up to, inter alia,
...
(c) Ensure that all roads in Afghanistan are kept open for normal use
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: Page 5, Division of Powers, Powers of the President, VI
The President shall have the following powers and duties:
...
(b) Appointment and retirement of judges of the Supreme Court, the Chief Justices, in consultation with the Prime Minister and in accordance with the provisions of the laws.

Page 7, Division of Powers, Power of the Prime Minister, VII
The Prime Minister and his Cabinet shall have the following duties and powers:
...
(h)... to ensure administration of justice through an independent and impartial judiciary.
Prisons and detention: No specific mention.
Traditional Laws: Page 5, Division of Powers, Powers of the President, VI
The President shall have the following powers and duties:
...
(g) Commuting and pardoning of sentences according to the Shariah and the provisions of law.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 2, Untitled Preamble
...
Recognizing the urgency of rehabilitation and reconstruction of Afghanistan

Page 6, Division of Powers, Power of the Prime Minister, VII
The Prime Minister and his Cabinet shall have the following duties and powers:
...
(e) Preparing and controlling the State budget and adopting measures to mobilize resources to reconstruct the economy...
(f) Drafting and supervising implementation of the socio-economic and educational plans of the country with a view to establishing a self-reliant Islamic Welfare State.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: Socio-economic reconstruction→Banks→Central bank
Page 3, 7
An All Party Committee shall be constituted to supervise control over the monetary system and currency regulations to keep it in conformity with existing Afghan banking laws and regulations;

Page 6, Division of Powers, Powers of the President, VI
The President shall have the following powers and duties:
...
(l) Granting formal permission to print money.

Page 6, Division of Powers, Powers of the Prime Minister, VII
The Prime Minister and his Cabinet shall have the following duties and powers:
...
(e) Preparing and controlling the State budget and adopting measures to mobilize resources to reconstruct the economy and establish a viable and stable monetary, financial and fiscal system.

Land, property and environment

Land reform/rights: Land, property and environment→Land reform/rights→Property return and restitution
Page 3, 6
All public and private buildings, residential areas and properties occupied by different armed groups during the hostilities shall be returned to their original owners.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 3, 4
A Defence Council comprising two members from each party will be set up to, inter alia,
...
(b) Take possession of heavy weapons from all parties and sources which may be removed from Kabul and other cities and kept out of range to ensure the security of the Capital; (c) Ensure that all roads in Afghanistan are kept open for normal use;

Page 7, Division of Powers, Powers of the Prime Minister, VII
The Prime Minister and his Cabinet shall have the following duties and powers:
...
(h) Adopting measures to ensure public order, peace, security and Islamic morality...
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 2, Untitled Preamble
...
Having agreed to bringing armed hostilities to an end...

Page 3, 8
A cease-fire shall come into force with immediate effect. After the formation of the Cabinet, there shall be permanent cessation of hostilities;

Page 4, 9
A Joint Commission comprising representatives of the Organization of the Islamic Conference and of all Afghan parties shall be formed to monitor the cease-fire and cessation of hostilities.
Police: No specific mention.
Armed forces: Page 3, 4
A Defence Council comprising two members from each party will be set up to, inter alia, (a) Enable the formation of a national Army;
...
(e) Ensure that operational control of the armed forces shall be with the Defence Council;

Page 5, Division of Power, Preamble, V
The formal appointment of the Chiefs of the Armed Forces shall be made in accordance with the existing practice and after mutual consultation.

Page 5, Division of Powers, Powers of the President, VI
The President shall have the following powers and duties:
...
(c) Supreme Command of the Armed Forces of the country in the light of the objectives and structure of the Armed Forces of Afghanistan.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 3, 4
A Defence Council comprising two members from each party will be set up to, inter alia,
...
(d) Ensure that State funds shall not be used to finance private armies or armed retainers;
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, 5
There shall be immediate and unconditional release of all Afghan detainees held by the Government and different parties during the armed hostilities;
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: UN Peacemaker
http://peacemaker.un.org/
http://peacemaker.un.org/node/643

Afghan Peace Accord

Given our submission to the will of Allah Almighty and commitment to seeking guidance from the Holy Quran and Sunnah,

Recalling the glorious success of the epic Jehad waged by the valiant Afghan people against foreign occupation,

Desirous of ensuring that the fruits of this glorious Jehad bring peace, progress and prosperity for the Afghan people,

Having agreed to bringing armed hostilities to an end,

Recognizing the need for a broad-based Islamic Government in which all parties and groups representing all segments of Muslim Afghan society are represented so that the process of political transition can be advanced in an atmosphere of peace, harmony and stability,

Committeg to the preservation of unity, sovereignty and territorial integrity of Afghanistan,

Recognizing the urgency of rehabilitation and reconstruction of Afghanistan and of facilitating the return of all Afghan refugees,

Committed to promoting peace and security in the region,

Responding to the call of Khadim Al-Harmain Al-Sharifain His Majesty King Fahd Bin Abdul Aziz to resolve the differences among Afghan brothers through a peaceful dialogue,

Appreciating the constructive role of good offices of Mr. Muhammad Nawaz Sharif, Prime Minister of the Islamic Republic of Pakistan and his sincere efforts to promote peace and conciliation in Afghanistan,

Recognizing the positive support for these efforts extended by the Governments of the Kingdom of Saudi Arabia and the Islamic Republic of Iran, who have sent their Special Envoys for the conciliation talks in Islamabad,

Having undertaken intensive intra-Afghan consultati ons separately and jointly to consolidate the gains of the glorious Jehad,

All th parties and groups concerned have agreed as follows:

1. To the formation of a Government for a period of 18 months in which President Burhanuddin Rabbani would remain President and Eng.

Gulbadin Hikrnatyar or his nominee would assume the office of Prime Minister.

The powers of the President and Prime Minister and his cabinet which have been formulated through mutual consultations will form part of this Accord and is annexed;

2. The Cabinet shall be formed by the Prime Minister in consultations with the President, and leaders of Mujahideen Parties within two weeks of the signing of this Accord;

3. The following electoral process is agreed for implementation in a period of not more than 18 months with effect from 29 December 1992:

(a) The immediate formation of an indepe:-ident Election Commission by all parties with full powers;

4. The Election Commission shall be mandated to hold elections for a Grand Constituent Assembly within eight months from the date of signature o f this Accord;

5. The duly elected Grant Constituent Assembly shall formulate a Constitution under which general elections for the President and the Parliament shall be held within the prescribed period of 18 months mentioned above;

6. A Defence Council comprising two members from each party will be set up to, inter alia,

Enable the formation of a national Army;

Take possession of heavy weapons from all parties and sources which may be rernoved from Kabul and other cities and kept out of range to ensure the security of the Capital;

Ensure that all roads in Afghanistan are kept open for normal use;

Ensure that State funds shall not be used to finance private armies or armed retainers;

Ensure that operational control of the armed forces shall be with the Defence Council;

7. There shall be immediate and unconditional release of all Afghan detainees held by the Government and different parties during the armed hostilities;

8. All public and private build ings, residential areas and properties occupied by different armed groups during the hostilities shall be returned to their original owners.

Effective steps shall be taken to facilitate the return of displaced persons to their respective homes and locations;

9. An All Party Committee shall be constituted to supervise control over the monetary system and currency regulations to keep it in conformity with existing Afghan banking laws and regulations;

10. A cease-fire shall come into force wi.th immediate effect.

After the formation of the Cablnet, there shall be permanent cessation of hostilities;

11. A Joint Commission comprising representatives of the Organization of the Islamic Conference and of all Afghan parties shall be formed to monitor the cease-fire and cessation of hostilities.

12. In confirmation of the above Accord, the following have affixed their signatures hereunder, on Sunday, 7 March 1993 in Islamabad, Pakistan.

(Signed)

Prof. Burhan-ud-Din Rabbani Jamiat-e-Islami

President of the Islamic State of Afghanistan

(Signed)

Moulvi Muhammad Nabi Muhammadi Harkat-e-Inqilab-e-Islami

(Signed)

Engr Gulbadin Hikmatyar Hizb-e-Islami

(Signed)

With my reservation to the President time.

Prof. Sibghatullah Mujjadidi Jabha-e-Nijat-e-Milli

(Signed)

Pir Syed Ahmed Gaillani Mahaz-e-Milli

Sheikh Asif Mohseni Harkat-e-Islami

(Signed)

With my reservation to the President time.

Engineer Ahmed Shah Ahmadzai Ittehad-e-Islami

(Signed) Ayatullah Fazil

Hizb-e-Wahdat-e-Islami

Annex II Division of Powers

Preamble

The President of the Islamic State of Afghanistan is the Head of the State and symbol of unity and solidarity of the country and shall guide the affairs of the State in accordance with Islamic laws and the principles laid down in the Holy Quran and Sunnah.

1. The Prime Minister shall form the Cabinet in consultation with the President and present the same to the President, who shall formally announce the Cabinet and take its oath.

The Cabinet shall operate as a team under the leadership of the Prime Minister and shall work on the principle of collective responsibility.

2. The Prime Minister and the Cabinet shall regularly act in close consultation with the President on all important issues.

3. The President and the Prime Minister shall act in consultation with each other and shall try to resolve differences, if any, through mutual discussion.

In case any issue remains unresolved, it should be decided by a reference to a joint meeting of the President and the Cabinet.

4. All major policy decisions shall be made in the Cabinet, to be presided over by the Prime Minister.

Ministers, Deputy Ministers and Ministers of State would be individually and collectively responsible for the decisions of the Government.

5. The formal appointment of the Chiefs of the Armed Forces shall be made in accordance with the existing practice and after mutual consultation.

Powers of the President

1. The President shall have the following powers and duties:

Appointment of Vice-President of the Islamic State of Afghanistan.

Appointment and retirement of judges of the Supreme Court, the Chief Justices, in consultation with the Prime Minister and in accordance with the provisions of the laws.

Supreme Command of the Armed Forces of the country in the light of the objectives and structure of the Armed Forces of Afghanistan.

Declaring war and peace on the advice of the Cabinet or the Parliament.

Convening and inaugurating the Parliament according to Rules.

Consolidating national unity and upholding the independence, neutrality and the Islamic character of Afghanistan and the interests of all its citizens.

Commuting and pardoning of sentences according to the Shariah and the provisions of law.

Accrediting heads of Afghanistan' s diplomatic missions in foreign States, appointing Afghanistan's permanent representatives to international organizations according to the normal diplomatic procedures and accepting the letters of credence of foreign diplomatic representatives.

Signing laws and ordinances and granting credentials for the conclusion and signing of international treaties in accordance with the provisions of law.

The President may, at his discretion, delegate any of his powers to the Vice-President, or to the Prime Minister.

In the event of the death or resignation of the President, the presidential functions shall be automatically entrusted to the Vice-President, who shall deputize till the new President is elected under the Constitution.

Granting formal permission to print money.

The President may call an extraordinary meeting of the Cabinet on issues of vital national significance which do not fall in the routine governance of the country.

Power of the Prime Minister

1. The Prime Minister and his Cabinet shall have the following duties and powers :

Formulation and implementation of the country's domestic and foreign policies in accordance with the provisions and spirit of this Accord and the provisions of law.

Administering, coordinating and supervising the affairs of the ministries, and other departments and public bodies and institutions.

Rendering executive and administrative decisions in accordance with laws and supervising their implementation.

Drafting of laws and formulating rules and regulations.

Preparing and controlling the State budget and adopting measures to mobilize resources to reconstruct the economy and establish a viable and stable monetary, financial and fiscal system.

Drafting and supervising implementation of the socio-economic and educational plans of the country with a view to establishing a self-reliant Islamic Welfare State.

Protecting and promoting the objectives and interests of Afghanistan in the world community and discussing and negotiating foreign treaties, protocols, international agreements and financial arrangements.

Adopting measures to ensure public order, peace, security and Islamic morality and to ensure administration of justice through an independent and impartial judiciary.

In confirmation of the above Accord, the following have affixed their signatures hereunder, on Sunday, 7 March 1993 in Islamabad, Pakistan.

(Signed)

Prof. Burhan-ud-Din Rabbani Jamiat-e-Islami

President of the Islamic State of Afghanistan

(Signed)

Moulvi Muhammad Nabi Muhammadi Harkat-e-Inqilab-e-Islami

(Signed)

Engr Gulbadin Hikmatyar Hizb-e-Islami

(Signed)

With my reservation about the President time.

Prof. Sibghatullah Mujjadidi Jabha-e-Nijat-e-Milli

(Signed)

Pir Syed Ahmed Gaillani Mahaz-e-Milli

(Signed) Engineer Ahmed Shah

Ahmadzai Ittehad-e-Islami

Sheikh Asif Mohseni Harkat-e-Islami

(Signed) Ayatullah Fazil

Hizb-e-Wahdat-e-Islami