Military Reform: Framework for a Comprehensive Political Settlement of the Cambodia Conflict

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PARIS AGREEMENT

Annex 2. Withdrawal, Ceasefire 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, minimise 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 demobilisation 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 demobilise all their remaining forces before or shortly after the elections and, to the extent that full demobilisation 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 demobilisation 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 demobilisation 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 demobilisation 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 demobilised 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.

Electoral/Political Party Reform: Framework for a Comprehensive Political Settlement of the Cambodia Conflict

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PARIS AGREEMENT

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.

Annex I

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.

Annex III. 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.

Constitutional Reform: Framework for a Comprehensive Political Settlement of the Cambodia Conflict

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PARIS AGREEMENT

Section I. Transition 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.

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.

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.

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 to 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.

Powersharing Transitional Government: Framework for a Comprehensive Political Settlement of the Cambodia Conflict

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PARIS AGREEMENT

Part I

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.

(Clarification: Why does SNC qualify national power-sharing? After meeting in New York on 27 and 28 August, 1990, the “Big Five”–China, France, the United Kingdom, the USSR and the United States–jointly stated that the framework document was composed of five sections “comprising the indispensable requirements for such a settlement”. The Five also called on the parties to the conflict to commit themselves to that process and to form a Supreme National Council as soon as possible on the basis outlined in the document.1 The informal meeting of the parties to the conflict took place in Jakarta on 10 September 1990 and finalized the composition of the SNC. 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), KPNLF (2 members), FUNCINPEC (1 Member), Democratic Kampuchea or Khmer Rouge (2 members).2

  • 1. “‘Big Five’ reach final agreement on framework for settlement – Security Council permanent members, Cambodia,” UN Chronicle 27(4) (December 1990).

  • 2. Nady Tan, “National Conference on Peace, National reconciliation and Democracy Building: Ten Years after the Paris Peace Agreement,” 2001, accessed July 14, 2010, http://www.camnet.com.kh/ocm/government102.htm.

Cease Fire: Framework for a Comprehensive Political Settlement of the Cambodia Conflict

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PARIS AGREEMENT

Part I

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.

Annex 2. Withdrawal, cease-fire and related assurance

Article 1. Ceasefire

1. All Cambodian Parties (hereinafter referred to as the Parties) agree to observe a comprehensive ceasefire on land and water and in the air. This ceasefire will be implemented in two phases. During the first phase, the ceasefire 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 ceasefire 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 ceasefire 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.

6. The Parties shall scrupulously observe the ceasefire 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.

Withdrawal of Troops: General Peace Agreement for Mozambique

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Protocol IV.II. Withdrawal of foreign troops from Mozambican territory:

1. The withdrawal of foreign troops from Mozambican territory shall be initiated following the entry into force of the cease-fire (E-Day).

The Government of the Republic of Mozambique undertakes to negotiate the complete withdrawal of foreign forces and contingents from Mozambican territory with the Governments of the countries concerned.

The modalities and time-frame for the withdrawal shall not contravene any provision of the cease-fire Agreement or the General Peace Agreement.

2. The Government of the Republic of Mozambique shall submit to CSC the deadlines and plans for implementation of the withdrawal, specifying the exact numbers of troops present in Mozambican territory and their location.

3. The complete withdrawal of foreign forces and contingents from Mozambican territory shall be monitored and verified by the ceasefire Commission (CCF) referred to in paragraph VI (i).2 of this Protocol. CCF shall inform CSC of the conclusion of the complete withdrawal of foreign forces from the national territory.

4. In accordance with its mandate CSC, through CCF, will, following the withdrawal of the foreign troops, assume immediate responsibility for verifying and ensuring security of strategic and trading routes, adopting the measures it deems necessary for the purpose.

UN Peacekeeping Force: General Peace Agreement for Mozambique

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Protocol V.III. Specific guarantees for the period from the ceasefire to the holding of the elections:

1. The Government of the Republic of Mozambique shall submit a formal request to the United Nations for its participation in monitoring and guaranteeing the implementation of the General Peace Agreement, in particular the cease-fire and the electoral process, with immediate priority to co-ordinating and making available food, medical attention and all other forms of support necessary at the assembly and billeting locations for the forces as provided in Protocol VI.

Verification/Monitoring Mechanism: General Peace Agreement for Mozambique

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Protocol I. Basic Principles:

5. The parties agree on the principle of establishing a commission to supervise and monitor compliance with the General Peace Agreement. The commission shall be composed of representatives of the Government, RENAMO, the United Nations and other organizations or Governments to be agreed upon between the parties.

Protocol V.II. Commission to supervise the cease-fire and monitor respect for and implementation of the agreements between the Parties within the framework of these negotiations: its composition and powers:

1. Pursuant to Protocol I, the Supervisory and Monitoring Commission (CSC) is established, which shall begin operating upon appointment of its Chairman by the Secretary-General of the United Nations.

2. This Commission shall be composed of representatives of the Government, Renamo, the United Nations, OAU and the countries to be agreed upon by the Parties. The Commission shall be chaired by the United Nations and shall be based at Maputo.

3. The decisions of CSC shall be taken by consensus between the two Parties.

4. CSC shall draw up its own Rules of Procedure and may whenever it sees fit establish sub-commissions additional to those provided for in paragraph II.7 of the present Protocol.

5. CSC shall in particular:

(a) Guarantee the implementation of the provisions contained in the General Peace Agreement;

(b) Guarantee respect for the timetable specified for the ceasefire and the holding of the elections;

(c) Assume responsibility for the authentic interpretation of the agreements;

(d) Settle any disputes that may arise between the Parties;

(e) Guide and co-ordinate the activities of the subsidiary commissions referred to in paragraph II.7 of this Protocol.

6. CSC shall cease to function when the new Government takes office.

7. CSC shall have under it the following Commissions:

(a) The Joint Commission for the Formation of the Mozambican Defence Force (CCFADM) Its powers shall be those specified in Protocol IV, paragraph I (iii) on the formation of the Mozambican Defence Force. CCFADM shall be composed of representatives of the Parties and of the Governments selected by the Parties before the signing of the General Peace Agreement to provide assistance in the process of formation of the FADM in conformity with the provisions of Protocol IV, section I;

(b) The cease-fire Commission (CCF) Its composition and powers shall be those indicated in Protocol IV, section VI and Protocol VI, section I;

(c) Reintegration Commission (CORE) Its composition and powers shall be those specified in Protocol IV, section VI.

Detailed Implementation Timeline: General Peace Agreement for Mozambique

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Protocol IV.I:

iv. Timetable for the process

(a) The formation of the FADM shall commence with the appointment of the following:

– CCFADM, prior to the entry into force of the ceasefire (E-Day);

– The FADM High Command on E-Day + 1;

– The commanders of the three service branches and the logistics command;

– The commanders of the military regions;

– The unit commanders.

(b) General staffs shall be organized immediately following the appointment of each command;

(c) The system of administrative and logistics support shall be organized taking into account the new size of the FADM, in accordance with the principle of utilizing or transforming existing structures on the basis of the plans of the FADM High Command, as approved by CCFADM.

Protocol IV.VI:

3. Timetable

E-Day: Installation of CCF and commencement of its functions

E-Day + 30: Definition by both Parties of the troops to be demobilised; activation of demobilisation structures and initiation of the process

E-Day + 60: Demobilisation of at least 20 per cent of the total troops to be demobilised

E-Day + 90: Demobilisation of at least a further 20 per cent of the total troops to be demobilised

E-Day + 120: Demobilisation of at least a further 20 per cent of the total troops to be demobilised

E-Day + 150: Demobilisation of at least a further 20 per cent of the total troops to be demobilised

E-Day + 180: End of demobilisation of the troops to be demobilised.

Protocol V.I. Timetable for the conduct of the electoral process:

1. The elections to the Assembly of the Republic and the post of President of the Republic shall be held simultaneously and shall take place one year after the date of signature of the General Peace Agreement, as provided for in Protocol III.

2. Further to the provisions set forth in Protocol III, the Parties also agree as follows:

(a) By E-Day + 60, the Government shall establish the National Elections Commission provided for in Protocol III;

(b) Immediately following the signature of the General Peace Agreement, the Government, for purposes of the provisions of Protocol III, shall request technical and material support from the United Nations and OAU;

(c) The Government shall draft the Electoral Act in consultation with RENAMO and the other parties within at most two months from the adoption by the Assembly of the Republic of the legal instruments incorporating the Protocols and guarantees, as well as the General Peace Agreement , into Mozambican law. The approval and publication of the Electoral Act shall take place within at most one month following the completion of its drafting;

(d) Within 60 days following the signature of the General Peace Agreement, the Government and RENAMO shall agree on the observers to be invited for the electoral process. The Government shall draw up the corresponding invitations;

(e) The election campaign shall begin 45 days before the date of the elections;

(f) By the date of commencement of the election campaign, all parties taking part must have been registered and have submitted their lists of candidates as well as their respective symbols;

(g) By the date of commencement of the election campaign, the candidates for the Presidency of the Republic must have submitted their candidacies in conformity with the legally prescribed requirements;

(h) The election campaign shall conclude 48 hours before the start of voting;

(i) The elected Assembly of the Republic shall take office 15 days after the publication of the lists giving the results of the election. The lists giving the results of the election shall be published not more than eight days after the closure of voting;

(j) The investiture of the elected President of the Republic shall take place one week after the elected Assembly of the Republic has taken office.

Protocol VI.II. Operational timetable for the cease-fire:

E-Day:

Entry into force of the cease-fire and beginning of United Nations verification

Beginning of the cessation of the armed conflict (CAC)

Beginning of the separation of forces phase

E-Day +5:

End of the separation of forces phase

E-Day +6:

Beginning of the concentration of forces phase Beginning of the withdrawal of foreign forces and contingents from the country

E-Day +30:

End of the concentration of forces phase

End of the withdrawal of foreign forces and contingents from the country

E-Day +180:

End of the demobilisation phase and of the CAC