The Petersberg (Bonn-) Accord signed on December 5, 2001

(The basis of the present Interim Administration of Afghanistan)

The participants in the UN Talks on Afghanistan,

In the presence of the Special Representative of the Secretary-General for
Afghanistan,

Determined to end the tragic conflict in Afghanistan and promote national
reconciliation, lasting peace, stability and respect for human rights in the
country,

Reaffirming the independence, national sovereignty and territorial integrity
of Afghanistan,

Acknowledging the right of the people of Afghanistan to freely determine
their own political future in accordance with the principles of Islam,
democracy, pluralism and social justice,

Expressing their appreciation to the Afghan mujahidin who, over the years,
have defended the independence, territorial integrity and national unity of
the country and have played a major role in the struggle against terrorism
and oppression, and whose sacrifice has now made them both heroes of jihad
and champions of peace, stability and reconstruction of their beloved
homeland, Afghanistan,

Aware that the unstable situation in Afghanistan requires the implementation
of emergency interim arrangements and expressing their deep appreciation to
His Excellency Professor Burhanuddin Rabbani for his readiness to transfer
power to an interim authority which is to be established pursuant to this
agreement,

Recognizing the need to ensure broad representation in these interim
arrangements of all segments of the Afghan population, including groups that
have not been adequately represented at the UN Talks on Afghanistan,

Noting that these interim arrangements are intended as a first step toward
the establishment of a broad-based, gender-sensitive, multi-ethnic and fully
representative government, and are not intended to remain in place beyond
the specified period of time,

Recognizing that some time may be required for a new Afghan security force
to be fully constituted and functional and that therefore other security
provisions detailed in Annex I to this agreement must meanwhile be put in
place,

Considering that the United Nations, as the internationally recognized
impartial institution, has a particularly important role to play, detailed
in Annex II to this agreement, in the period prior to the establishment of
permanent institutions in Afghanistan,

Have agreed as follows:

THE INTERIM AUTHORITY

I. General provisions

1) An Interim Authority shall be established upon the official transfer of
power on 22 December 2001.

2) The Interim Authority shall consist of an Interim Administration presided
over by a Chairman, a Special Independent Commission for the Convening of
the Emergency Loya Jirga, and a Supreme Court of Afghanistan, as well as
such other courts as may be established by the Interim Administration. The
composition, functions and governing procedures for the Interim
Administration and the Special Independent Commission are set forth in this
agreement.

3) Upon the official transfer of power, the Interim Authority shall be the
repository of Afghan sovereignty, with immediate effect. As such, it shall,
throughout the interim period, represent Afghanistan in its external
relations and shall occupy the seat of Afghanistan at the United Nations and
in its specialized agencies, as well as in other international institutions
and conferences.

4) An Emergency Loya Jirga shall be convened within six months of the
establishment of the Interim Authority. The Emergency Loya Jirga will be
opened by His Majesty Mohammed Zaher, the former King of Afghanistan. The
Emergency Loya Jirga shall decide on a Transitional Authority, including a
broad-based transitional administration, to lead Afghanistan until such time
as a fully representative government can be elected through free and fair
elections to be held no later than two years from the date of the convening
of the Emergency Loya Jirga.

5) The Interim Authority shall cease to exist once the Transitional
Authority has been established by the Emergency Loya Jirga.

6) A Constitutional Loya Jirga shall be convened within eighteen months of
the establishment of the Transitional Authority, in order to adopt a new
constitution for Afghanistan. In order to assist the Constitutional Loya
Jirga prepare the proposed Constitution, the Transitional Administration
shall, within two months of its commencement and with the assistance of the
United Nations, establish a Constitutional Commission.

II. Legal framework and judicial system

1) The following legal framework shall be applicable on an interim basis
until the adoption of the new Constitution referred to above:

i) The Constitution of 1964, a/ to the extent that its provisions are not
inconsistent with those contained in this agreement, and b/ with the
exception of those provisions relating to the monarchy and to the executive
and legislative bodies provided in the Constitution; and

ii) existing laws and regulations, to the extent that they are not
inconsistent with this agreement or with international legal obligations to
which Afghanistan is a party, or with those applicable provisions contained
in the Constitution of 1964, provided that the Interim Authority shall have
the power to repeal or amend those laws and regulations.

2) The judicial power of Afghanistan shall be independent and shall be
vested in a Supreme Court of Afghanistan, and such other courts as may be
established by the Interim Administration. The Interim Administration shall
establish, with the assistance of the United Nations, a Judicial Commission
to rebuild the domestic justice system in accordance with Islamic
principles, international standards, the rule of law and Afghan legal
traditions.

III. Interim Administration

A Composition

1) The Interim Administration shall be composed of a Chairman, five Vice
Chairmen and 24 other members. Each member, except the Chairman, may head a
department of the Interim Administration.

2) The participants in the UN Talks on Afghanistan have invited His Majesty
Mohammed Zaher, the former King of Afghanistan, to chair the Interim
Administration. His Majesty has indicated that he would prefer that a
suitable candidate acceptable to the participants be selected as the Chair
of the Interim Administration.

3) The Chairman, the Vice Chairmen and other members of the Interim
Administration have been selected by the participants in the UN Talks on
Afghanistan, as listed in Annex IV to this agreement. The selection has been
made on the basis of professional competence and personal integrity from
lists submitted by the participants in the UN Talks, with due regard to the
ethnic, geographic and religious composition of Afghanistan and to the
importance of the participation of women.

4) No person serving as a member of the Interim Administration may
simultaneously hold membership of the Special Independent Commission for the
Convening of the Emergency Loya Jirga.

B. Procedures

1) The Chairman of the Interim Administration, or in his/her absence one of
the Vice Chairmen, shall call and chair meetings and propose the agenda for
these meetings.

2) The Interim Administration shall endeavour to reach its decisions by
consensus. In order for any decision to be taken, at least 22 members must
be in attendance. If a vote becomes necessary, decisions shall be taken by a
majority of the members present and voting, unless otherwise stipulated in
this agreement. The Chairman shall cast the deciding vote in the event that
the members are divided equally.

C. Functions

1) The Interim Administration shall be entrusted with the day-to-day conduct
of the affairs of state, and shall have the right to issue decrees for the
peace, order and good government of Afghanistan.

2) The Chairman of the Interim Administration or, in his/her absence, one of
the Vice Chairmen, shall represent the Interim Administration as
appropriate.

3) Those members responsible for the administration of individual
departments shall also be responsible for implementing the policies of the
Interim Administration within their areas of responsibility.

4) Upon the official transfer of power, the Interim Administration shall
have full jurisdiction over the printing and delivery of the national
currency and special drawing rights from international financial
institutions. The Interim Administration shall establish, with the
assistance of the United Nations, a Central Bank of Afghanistan that will
regulate the money supply of the country through transparent and accountable
procedures.

5) The Interim Administration shall establish, with the assistance of the
United Nations, an independent Civil Service Commission to provide the
Interim Authority and the future Transitional Authority with shortlists of
candidates for key posts in the administrative departments, as well as those
of governors and uluswals, in order to ensure their competence and
integrity.

6) The Interim Administration shall, with the assistance of the United
Nations, establish an independent Human Rights Commission, whose
responsibilities will include human rights monitoring, investigation of
violations of human rights, and development of domestic human rights
institutions. The Interim Administration may, with the assistance of the
United Nations, also establish any other commissions to review matters not
covered in this agreement.

7) The members of the Interim Administration shall abide by a Code of
Conduct elaborated in accordance with international standards.

8) Failure by a member of the Interim Administration to abide by the
provisions of the Code of Conduct shall lead to his/her suspension from that
body. The decision to suspend a member shall be taken by a two-thirds
majority of the membership of the Interim Administration on the proposal of
its Chairman or any of its Vice Chairmen.

9) The functions and powers of members of the Interim Administration will be
further elaborated, as appropriate, with the assistance of the United
Nations.

IV. The Special Independent Commission for the Convening of the Emergency
Loya Jirga

1) The Special Independent Commission for the Convening of the Emergency
Loya Jirga shall be established within one month of the establishment of the
Interim Authority. The Special Independent Commission will consist of
twenty-one members, a number of whom should have expertise in constitutional
or customary law. The members will be selected from lists of candidates
submitted by participants in the UN Talks on Afghanistan as well as Afghan
professional and civil society groups. The United Nations will assist with
the establishment and functioning of the commission and of a substantial
secretariat.

2) The Special Independent Commission will have the final authority for
determining the procedures for and the number of people who will participate
in the Emergency Loya Jirga. The Special Independent Commission will draft
rules and procedures specifying (i) criteria for allocation of seats to the
settled and nomadic population residing in the country; (ii) criteria for
allocation of seats to the Afghan refugees living in Iran, Pakistan, and
elsewhere, and Afghans from the diaspora; (iii) criteria for inclusion of
civil society organizations and prominent individuals, including Islamic
scholars, intellectuals, and traders, both within the country and in the
diaspora. The Special Independent Commission will ensure that due attention
is paid to the representation in the Emergency Loya Jirga of a significant
number of women as well as all other segments of the Afghan population.

3) The Special Independent Commission will publish and disseminate the rules
and procedures for the convening of the Emergency Loya Jirga at least ten
weeks before the Emergency Loya Jirga convenes, together with the date for
its commencement and its suggested location and duration.

4) The Special Independent Commission will adopt and implement procedures
for monitoring the process of nomination of individuals to the Emergency
Loya Jirga to ensure that the process of indirect election or selection is
transparent and fair. To pre-empt conflict over nominations, the Special
Independent Commission will specify mechanisms for filing of grievances and
rules for arbitration of disputes.

5) The Emergency Loya Jirga will elect a Head of the State for the
Transitional Administration and will approve proposals for the structure and
key personnel of the Transitional Administration.

V. Final provisions

1) Upon the official transfer of power, all mujahidin, Afghan armed forces
and armed groups in the country shall come under the command and control of
the Interim Authority, and be reorganized according to the requirements of
the new Afghan security and armed forces.

2) The Interim Authority and the Emergency Loya Jirga shall act in
accordance with basic principles and provisions contained in international
instruments on human rights and international humanitarian law to which
Afghanistan is a party.

3) The Interim Authority shall cooperate with the international community in
the fight against terrorism, drugs and organized crime. It shall commit
itself to respect international law and maintain peaceful and friendly
relations with neighbouring countries and the rest of the international
community.

4) The Interim Authority and the Special Independent Commission for the
Convening of the Emergency Loya Jirga will ensure the participation of women
as well as the equitable representation of all ethnic and religious
communities in the Interim Administration and the Emergency Loya Jirga.

5) All actions taken by the Interim Authority shall be consistent with
Security Council resolution 1378 (14 November 2001) and other relevant
Security Council resolutions relating to Afghanistan.

6) Rules of procedure for the organs established under the Interim Authority
will be elaborated as appropriate with the assistance of the United Nations.

This agreement, of which the annexes constitute an integral part, done in
Bonn on this 5th day of December 2001 in the English language, shall be the
authentic text, in a single copy which shall remain deposited in the
archives of the United Nations. Official texts shall be provided in Dari and
Pashto, and such other languages as the Special Representative of the
Secretary-General may designate. The Special Representative of the
Secretary-General shall send certified copies in English, Dari and Pashto to
each of the participants.

For the participants in the UN Talks on Afghanistan:
Ms. Amena Afzali
Mr. S. Hussain Anwari
Mr. Hedayat Amin Arsala
Mr. Sayed Hamed Gailani
Mr. Rahmatullah Mousa Ghazi
Eng. Abdul Hakim
Mr. Houmayoun Jareer
Mr. Abbas Karimi
Mr. Mustafa Kazimi
Dr. Azizullah Ludin
Mr. Ahmad Wali Massoud
Mr. Hafizullah Asif Mohseni
Prof. Mohammad Ishaq Nadiri
Mr. Mohammad Natiqi
Mr. Aref Noorzay
Mr. Yunus Qanooni
Dr. Zalmai Rassoul
Mr. H. Mirwais Sadeq
Dr. Mohammad Jalil Shams
Prof. Abdul Sattar Sirat
Mr. Humayun Tandar
Mrs. Sima Wali
General Abdul Rahim Wardak
Mr. Azizullah Wasefi
Mr. Pacha Khan Zadran

Witnessed for the United Nations by:
Mr. Lakhdar Brahimi
Special Representative of the Secretary-General for Afghanistan

ANNEX I - INTERNATIONAL SECURITY FORCE

1. The participants in the UN Talks on Afghanistan recognize that the
responsibility for providing security and law and order throughout the
country resides with the Afghans themselves. To this end, they pledge their
commitment to do all within their means and influence to ensure such
security, including for all United Nations and other personnel of
international governmental and non-governmental organizations deployed in
Afghanistan.

2. With this objective in mind, the participants request the assistance of
the international community in helping the new Afghan authorities in the
establishment and training of new Afghan security and armed forces.

3. Conscious that some time may be required for the new Afghan security and
armed forces to be fully constituted and functioning, the participants in
the UN Talks on Afghanistan request the United Nations Security Council to
consider authorizing the early deployment to Afghanistan of a United Nations
mandated force. This force will assist in the maintenance of security for
Kabul and its surrounding areas. Such a force could, as appropriate, be
progressively expanded to other urban centres and other areas.

4. The participants in the UN Talks on Afghanistan pledge to withdraw all
military units from Kabul and other urban centers or other areas in which
the UN mandated force is deployed. It would also be desirable if such a
force were to assist in the rehabilitation of Afghanistans infrastructure.

ANNEX II - ROLE OF THE UNITED NATIONS DURING THE INTERIM PERIOD

1. The Special Representative of the Secretary-General will be responsible
for all aspects of the United Nations work in Afghanistan.

2. The Special Representative shall monitor and assist in the implementation
of all aspects of this agreement.

3. The United Nations shall advise the Interim Authority in establishing a
politically neutral environment conducive to the holding of the Emergency
Loya Jirga in free and fair conditions. The United Nations shall pay special
attention to the conduct of those bodies and administrative departments
which could directly influence the convening and outcome of the Emergency
Loya Jirga.

4. The Special Representative of the Secretary-General or his/her delegate
may be invited to attend the meetings of the Interim Administration and the
Special Independent Commission on the Convening of the Emergency Loya Jirga.

5. If for whatever reason the Interim Administration or the Special
Independent Commission were actively prevented from meeting or unable to
reach a decision on a matter related to the convening of the Emergency Loya
Jirga, the Special Representative of the Secretary-General shall, taking
into account the views expressed in the Interim Administration or in the
Special Independent Commission, use his/her good offices with a view to
facilitating a resolution to the impasse or a decision.

6. The United Nations shall have the right to investigate human rights
violations and, where necessary, recommend corrective action. It will also
be responsible for the development and implementation of a programme of
human rights education to promote respect for and understanding of human
rights.

ANNEX III - REQUEST TO THE UNITED NATIONS BY THE PARTICIPANTS AT THE UN
TALKS ON AFGHANISTAN

The participants in the UN Talks on Afghanistan hereby

1. Request that the United Nations and the international community take the
necessary measures to guarantee the national sovereignty, territorial
integrity and unity of Afghanistan as well as the non-interference by
foreign countries in Afghanistans internal affairs;

2. Urge the United Nations, the international community, particularly donor
countries and multilateral institutions, to reaffirm, strengthen and
implement their commitment to assist with the rehabilitation, recovery and
reconstruction of Afghanistan, in coordination with the Interim Authority;

3. Request the United Nations to conduct as soon as possible (i) a
registration of voters in advance of the general elections that will be held
upon the adoption of the new constitution by the constitutional Loya Jirga
and (ii) a census of the population of Afghanistan.

4. Urge the United Nations and the international community, in recognition
of the heroic role played by the mujahidin in protecting the independence of
Afghanistan and the dignity of its people, to take the necessary measures,
in coordination with the Interim Authority, to assist in the reintegration
of the mujahidin into the new Afghan security and armed forces;

5. Invite the United Nations and the international community to create a
fund to assist the families and other dependents of martyrs and victims of
the war, as well as the war disabled;

6. Strongly urge that the United Nations, the international community and
regional organizations cooperate with the Interim Authority to combat
international terrorism, cultivation and trafficking of illicit drugs and
provide Afghan farmers with financial, material and technical resources for
alternative crop production.

ANNEX IV - COMPOSITION OF THE INTERIM ADMINISTRATION

to be completed
Chairman: Hamid Karzai
   
Vice Chairmen:  
Vice-Chair & Womens Affairs: Dr. Sima Samar
Vice-Chair & Defence:. Muhammad Qassem Fahim
Vice-Chair & Planning: Haji Muhammad Mohaqqeq
Vice-Chair & Water and Electricity: Shaker Kargar
Vice-Chair & Finance: Hedayat Amin Arsala
   
Members:  
Department of Foreign Affairs: Dr. Abdullah Abdullah
Department of the Interior: Muhammad Yunus Qanooni
Department of Commerce: Seyyed Mustafa Kazemi
Department of Mines & Industries: Muhammad Alem Razm
Department of Small Industries:. Aref Noorzai
Department of Information & Culture:& Dr. Raheen Makhdoom
Department of Communication: Ing. Abdul Rahim
Department of Labour & Social Affairs: Mir Wais Sadeq
Department of Hajj & Auqaf: Mohammad Hanif Hanif Balkhi
Department of Martyrs & Disabled: Abdullah Wardak
Department of Education: to be completed
Department of Higher Education: Dr. Sharif Faez
Department of Public Health:.. Dr. Suhaila Seddiqi
Department of Public Works: to be completed
Department of Rural Development: Abdul Malik Anwar
Department of Urban Development: Haji Abdul Qadir
Department of Reconstruction: to be completed
Department of Transport: Sultan Hamid Hamid
Department for the Return of Refugees: Enayatullah Nazeri
Department of Agriculture: Seyyed Hussein Anwari
Department of Irrigation:. Haji Mangal Hussein
Department of Justice: Abdul Rahim Karimi
Department of Air Transport & Tourism: to be completed
Department of Border Affairs: to be completed
published: 05.12.2001

[Attention: This list was revised a day later, some names were dropped, some added, see list of members of the interim administration]

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