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.