UN Peacekeeping Force: Framework for a Comprehensive Political Settlement of the Cambodia Conflict

PARIS AGREEMENT

Part I

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.

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 I, 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. Military Functions

1. UNTAC will supervise, monitor and verify the withdrawal of foreign forces, the ceasefire 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 demobilisation 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 co-ordinated 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.

Implementation History

1991

Intermediate Implementation

The Secretary-General recommended that the Security Council authorize the United Nations Advance Mission in Cambodia (UNAMIC) to become operational as soon as the Paris Agreement was signed in October 1991. The Security Council, in its Resolution 717 (1991) of October 16, 1991, authorized UNAMIC as recommended by the Secretary-General. UNAMIC became operational on November 9, 1991 when Mr. A.H.S. Ataul Karim (Bangladesh) assumed his functions as Chief Liaison Officer of UNAMIC in Phnom Penh. Brigadier-General Michel Loridon (France), Senior Military Liaison Officer, assumed command of the military elements of UNAMIC on 12 November and, on the same day, an air operations unit contributed by France arrived in Phnom Penh. UNAMIC was designed to be absorbed into United Nations Transitional Authority in Cambodia (UNTAC) once UNTAC was established. UNAMIC’s initial authorized strength was 116 military personnel (50 military liaison officers, 20 mine-awareness personnel, 40 military support personnel); there was also provision for approximately 75 international and 75 local civilian support staff.1

1992

Intermediate Implementation

Once the mission began, however, it quickly became apparent that there was an urgent need for a major de-mining effort. To this end the Security Council passed Resolution 728 (1992) on 8 January 1992, which expanded the size of the military personnel to 1,090.2

On 19 February 1992, the Secretary-General submitted the implementation plan for UNTAC as well as an indication of administrative and financial aspects to the Security Council. By resolution 745 (1992) of 28 February, the Security Council established UNTAC for a period not to exceed 18 months. All the responsibilities of UNAMIC were resumed by UNTAC.3

On 9 May 1992, UNTAC announced phase II of the ceasefire - the cantonment, disarming and demobilization phase. UNTAC did not receive cooperation from PKD.4 “In June, the Khmer Rouge refused to disarm or allow UN peacekeeping troops on the territory they controlled. KR argued that they did not want to disarm because there still were Vietnamese forces in the country. In mid-July the KR seized six villages and attacked UN helicopters. The UN Security Council at several occasions (S/RES/766 in July, S/RES/783 in October) demanded that KR comply with phase II of the Paris Agreement. On 30 November, the Security Council adopted resolution S/RES/792 imposing a trade embargo on areas under KR control. On 2 December six UN soldiers were held capture for two days by KR accused of spying.”5

A maximum of 15,991 troops were deployed6 (1) to verify the withdrawal and non-return of all categories of foreign forces and their arms and equipment; (2) to supervise the ceasefire and related measures including regroupment, cantonment, disarming and demobilization; (3) to control weapons, including monitoring the cessation of outside military assistance; and (4) to assist in mine-clearing, including training and mine awareness programs. The Secretary-General recommended that the military component be fully deployed by the end of May 1992 and that the regrouping and cantonment process, as well as demobilization of at least 70 per cent of the cantoned forces, be achieved by the end of September 1992.7

In September 1992, the UN Secretary General announced that UNTAC had successfully marshaled 52,292 Cambodian troops into cantonment and confiscated 50,000 weapons. This included 42,368 troops from the Cambodian People’s Armed Force; 3,445 from National Army of Independent Kampuchea; and 6,497 from Khmer People’s National Liberation Armed Force.8 “Information provided by the Cambodian parties to the military survey mission sent by the Secretary-General in November - December 1991 indicated total forces of over 200,000 deployed in some 650 separate locations. In addition, militias totaling some 250,000 operated in almost all villages. These forces were armed with over 350,000 weapons and some 80 million rounds of ammunition.”9

In September 1992, the UN Secretary General announced that UNTAC had successfully marshaled 52,292 Cambodian troops into cantonment and confiscated 50,000 weapons. This included 42,368 troops from the Cambodian People’s Armed Force; 3,445 from National Army of Independent Kampuchea; and 6,497 from Khmer People’s National Liberation Armed Force.10

1993

Full Implementation

The mission was unsuccessful in its attempt to disarm the Khmer Rouge and bring them into the democratic process. The Khmer also did not participate in the elections, claiming that they would not do so because Vietnamese troops were still inside Cambodia. However, UNTAC verified that there were no Vietnamese troops inside Cambodia. Except for this allegation and violation of ceasefire by Khmers, the UNTAC maintained reasonable peace and security in other areas and providing security throughout the electoral process. Nearly all of the United Nations military forces, police and civilians left Cambodia by November 15, 1993 after completing their mandate. The estimated costs of the operation were $1.6 billion.11

  • 11. "Cambodia: UNTAC- Facts and Figures."
1994

Full Implementation

No further developments observed. 

1995

Full Implementation

No further developments observed. 

1996

Full Implementation

No further developments observed. 

1997

Full Implementation

No further developments observed. 

1998

Full Implementation

No further developments observed. 

1999

Full Implementation

No further developments observed. 

2000

Full Implementation

No further developments observed.