8/12/2019 Text of Geneva Agreement

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Texto eneva agreementsFrom Our Special Representative

The following is the text ofGeneva accords:Palais des Nations, Geneva, 14April 1988.Bilateral agreement betweenthe Republic of Afghanistan andthe Islamic Republic of Pakistanon the principles of mutual rela-tions, in particular on non-interference and non-intervention.The Republic of Afghanistanand the Islamic Republic ofPakistan, hereinafter referred toas the high contracting parties,Desiring to normalise relationsand promote good-neighbourliness and cooperationas well as to strengthen interna-tional peace and security in theregion,Considering that full- observ-ance of the principle of non-interference and non-interventionin the internal and external affairsof states is of the greatest import-ance for the maintenance of inter-national peace and security andfor the fulfilment of the purposesand principles of the Charter ofthe United Nations,Reaffirming the inalienableright of states freely to determinetheir own political, economic,cultural and social systems in ac-cordance with the will of theirpeoples, without outside interven-tion, interference, subversion,coercion or threat in any formwhatsoever,Mindful of the provisions of theCharter of the United Nations aswell as the resolutions adopted bythe United Nations on the princi-ple of non-interference and non-intervention, in particular the de-claration on principles of interna-tional law concerning friendly re-lations and cooperation amongstates in accordance with theCharter of the United Nations, aswell as the declaration on the inad-missibility of intervention and in-terference in the internal affairsof states, of Dec 9,1981,Have agreed as follows:Article IRelations between the high con-tracting parties shall be con-ducted in strict compliance withthe principle of non-interferenceand non-intervention by States inthe affairs of other States.Article IIFor the purpose of implement-ing the principle of non-interference and non-interventioneach high contracting party under-takes to comply with the followingobligations:(1) To respect the sovereignty,political independence, territorialintergity, national unity, securityand non-alignment of the otherhigh contracting party, as well asthe national identity and culturalheritage of its people.(2) To respect the sovereign andinalienable right of the other highcontracting party freely to der-termine its own political,economic, cultural and socialsystems, to develop its interna-ti(Tnal relations and to exercisepermanent sovereignty over itsnatural resources, in accordancewith the will of its people, andwithout outside internvention, in-terference, subversion, coercionor threat in an form whatsoever.(3) To refrain from the threat oruse of force in any form what-soever so as not to violate theboundaries of each other, to dis-rupt the political, social oreconomic order of the other highcontracting party, to overthrow orchange the political system of theother high contracting party or itsgovernment, or to cause tensionbetween the high contractingparties.(4) To ensure that its territory isnot used in any manner whichwould violate the sovereignty,political independence, territorialintegrity and national unity or dis-rupt the political, economic andsocial stability of the other highcontracting party.(5) To refrain from armed in-tervention, subversion, militaryoccupation or any other form ofintervention and interference,overt or covert, directed at the

other high contracting party, orany act of military, political oreconomic interference in the in-ternal affairs of the other high con-tracting party, including acts of re-prisal involving the use of force.(6) To refrain from any action orattempt in whatever form or underwhatever pretext to destabilise orto undermine the stability of theother high contracting party orany of its institutions.(7) To refrain from the promo-tion, encouragement or support,direct or indirect, of rebellious orsecessionist activities against theother high contracting party, un-der any pretext whatsoever, orfrom any other action which seeksto disrupt the unity or to under-mine or subvert the political orderof the other high contractingparty.(8) To prevent within in its ter-ritory the training, equipping,

financing and recruitment ofmercenaries from whatever originfor the purpose of hostile ac-tivities against the other high con-tracting party, or the sending ofsuch mercenaries into the territ-ory of the other high contractingparty' and accordingly to denyfacilities, including financing forthe training, equipping and transitof such mercenaries.(9) To refrain from making anyagreements or arrangements withother states designed to interveneor interfere in the internal and ex-ternal affairs of the other high con-tracting party.(10) To abstain from any de-famatory campaign, vilification orhostile propaganda for thepurpose of intervening of interfer-ing in the internal affairs of the

other high contracting party.(11) To prevent any assistanceto or use of or tolerance of terroristgroups, saboteurs or subversiveagents against the other high con-tracting party.(12) To prevent within its territ-ory the presence, harbouring, incamps and bases or otherwise, or-ganising, training, financing,equipping and arming of individu-als and political, ethnic and anyother groups for the purpose ofcreating subversion, disorder orunrest in the territory of the otherhigh contracting party and accord-ingly also to prevent the use ofmass media and the transporta-tion of arms, ammunition andequipment by such individualsand groups.

(13) Not to resort to or to allowany other action that could be con-sidered as interference orintervention.Article IIIThe present agreement shall en-ter into force on May 15,1988.Article IVAny steps that may be requiredin order to enable the high con-tracting parties to comply with theprovisions of Article II of this ag-reement shall be completed by thedate on which this agreement en-ters into force.Article VThis agreement is drawn up inthe English, Pashtu and Urdulanguages, all texts being equallyauthentic, in case of any diverg-ence of interpretation, the Englishtext shall prevail.Done in five original copies atGeneva this fourteenth day of Ap-ril 1988.(Signed by Afghanistan andPakistan).

uaranteesDeclaration on internationalguarantees

The government of the Union ofSoviet Socialist Republics and ofthe United States of America,expressing support that the Re-public of Afghanistan and the Is-lamic Republic of Pakistan haveconcluded a negotiated politicalsettlement designed to normaliserelations and promote good-neighbourliness between the twocountries as well as to strengtheninternational peace and securityin the region,wishing in turn to contribute tothe achievement of the objectivesthat the Republic of Afghanistanand the Islamic Republic ofPakistan have set themselves, andwith a view to ensuring respect fortheir sovereignty,, independence,territorial integrity and non-alignment,undertake to invariably refrainfrom any form of interference andintervention in the internal affairsof the Republic of Afghanistanand the Islamic Republic ofPakistan and to respect the com-mitments contained in the bilat-eral agreement between the Re-public of Afghanistan and the Is-lamic Republic of Pakistan on theprinciples of mutual relations, inparticular on non-interferenceand non-intervention,urge all states to act likewise.The present declaration shallenter into force on May 15, 1988.Done at Geneva, this fourteenthday of April, 1988, in five originalcopies, each in the English andRussian languages, both texts be-ing equally authentic.(Signed by the USSR and theUSA .Bilateral agreement betweenthe Republic of Afghanistan andthe Islamic Republic of Pakistanon the voluntary return ofrefugees.The Republic of Afghanistanand the Islamic Republic ofPakistan, hereinafter referred toas the high contracting parties,desiring to normalise relationsand promote good-neighbourliness and cooperationas well as to strengthen interna-

tional peace and security in theregion,convinced that voluntary unim-peded repatriation constitutes themost appropriate solution for theproblem of Afghan refugees pre-sent in the Islamic Republic ofPakistan and having ascertainedthat the arrangements for the re-turn of the Afghan refugees aresatisfactory to them,have agreed as follows:Article IAll Afghan refugees temporar-ily present in the territory of theIslamic Republic of Pakistan shallbe given the opportunity to returnvoluntarily to their homeland inaccordance with the arrange-ments and conditions set out in thepresent agreement.Article IIThe Government of the Re-public of Afghanistan shall takeall necessary measures to ensurethe following conditions for thevoluntary return of Afghan re-fugees to their homeland:(A) All refugees shall be al-lowed to return in freedom to theirhomeland.(B) All returnees shall enjoythe free choice of domicile, andfreedom of movement within theRepublic of Afghanistan.(C) All returnees shall enjoythe right to participate on an equalbasis in the civic affairs of the Re-public of Afghanistan. They shallbe ensured equal benefits fromthe solution of the land questionon the basis of the land and waterreform.

(E) All returnees shall enjoythe same rights and privileges, inc-luding freedom of religion, andhave the same obligations and re-

sponsibilities as any other citizensof the Republic of Afghanistanwithout discrimination.The Government of the Re-public of Afghanistan undertakesto implement these measures andto provide, within its possibilities,all necessary assistance in the pro-cess of repatriation.Article inThe Government of the IslamicRepublic of Pakistan shallfaciliate the voluntary, orderlyand peaceful repatriation of all Af-

ghan refugees staying within itsterritory and undertakes to pro-vide, within its possibilities, allnecessary assistance in the pro-cess of repatriation.Article IVFor the purpose of organising,coordinating and supervising theoperations which should affect thevoluntary, orderly and peacefulrepatriation of Afghan refugees,there shall be set up mixed com-missions in accordance with theestablished internationalpractice. For the performance oftheir functions the members of thecommissions and their staff shallbe accorded the necessaryfacilities, and have access to therelevant areas within the ter-ritories of the high contractingparties.Article VWith a view to the orderly move-ment of the returnees, the commis-sions shall determine frontiercrossing points and establishnecessary transit centres. Theyshall also establish all other mod-alities for the phased return of re-fugees, including registration andcommunication to the country ofreturn of the names of refugeeswho express the wish to return.Article VIAt the request of the Govern-ment concerned, the United Na-tions High Commissioner for Re-fugees will cooperate and provideassistance in the process of volun-tary repatriation of refugees in ac-cordance with the present agree-ment. Special agreement may beconcluded for this purpose bet-ween UNHCR and the high con-tracting parties.Article VIIThe present agreement shall en-ter into force on May 15, 1988. Atthat time the mixed commissionprovided in Article IV shall be es-tablished and the operations forthe voluntary return of refugeesunder this agreement shallcommence.The arrangements set out in Ar-ticle IV and V above shall remainin effect for a period of 18 months.After that period the high con-tracting parties shall review theresults of the repatriation and, ifnecessary, consider any furtherarrangements that may be calledfor.Article VIEThis agreement is drawn up inthe English, Pashtu, and Urdulanguages, all texts being equallyauthentic. In case of any diverg-ence of interpretation, the Englishtext shall prevail.Done in five original copies atGeneva this fourteenth day of Ap-ril 1988.(Signed by Afghanistan andPakistan).

InterrelationshipAgreement on the interrelation-ships for the settlement of the situ-ation relating to Afghanistan.

1. The diplomatic process in-itiated by the Secretary-Generalof the United Nations with the sup-port of all governments concernedand aimed at achieving, throughnegotiations, a political settle-ment of the situation relating toAfghanistan, has been success-fully brought to an end.2. Having agreed to work to-wards a comprehensive settle-ment designed to resolve the vari-ous issues involved and toestablish a framework for good-neighbourliness and cooperation,the Government of the Republic of

Afghanistan and the Governmentof the Islamic Republic ofPakistan entered into negotia-tions through the intermediary ofthe Personal Representative ofthe Secretary-General at Genevafrom 16 to 24 June 1982. Followingconsultations held by the personalrepresentative in Islamabad,Kabul and Tehran from Jan 21 toFeb 7, 1983, the negotiations con-tinued at Geneva from April 11 to22 and from June 1983. ThePersonal Representative againvisited the area for high-level dis-cussions from 3 to 15 April 1984. Itwas then agreed to change theformat of the negotiations and, inpursuance thereof proximitytalks through the intermediary ofthe Personal Representative wereheld at Geneva from 24 to 30 Au-gust 1984. Further rounds of prox-imity talks held at Geneva from 20to 25 June, from 27 to 30 Augustand from 16 to 19 December 1985.The Personal Representative paidan additional visit to the area from8 to 18 March, 1986, for consulta-tions. The final round of negotia-tions began as proximity talks atGeneva on 5 May, 1986, wassuspended on 23 May, 1986, andwas resumed from 31 July to 8 Au-gust, 1986. The Personal Rep-resentative visited the area from20 November to 3 December, 1986,for further consultations and thetalks at Geneva were resumedagain from 25 February to 9 March1987 and from 7 to 11 September,1987. The Personal Representa-tives again visited the area from18 January to 9 February, 1988,and the talks resumed at Genevafrom 2 March to 8 April 1988. Theformat of the negotiations was

changed on 14 April, 1988, whenthe instruments comprising thesettlement were finalised, and, ac-cordingly, direct talks were heldat that stage. The Government ofthe Islamic Republic.of Iran waskept informed of the progress ofthe negotiations throughout thediplomatic process.3. The Government of the Re-public of Afghanistan and the Gov-ernment of the Islamic Republic ofPakistan took part in the negotia-tions with the expressed convic-tion that they were acting in ac-

cordance with their rights and ob-ligations under the Charter of theUnited Nations and agreed thatthe political settlement should bebased on the following principlesof international law: The principle that States shallrefrain in their international rela-tions from the threat or use offorce against the territorial in-tegrity or political independenceof any State, or in any other man-ner inconsistent with the purposesof the United Nations: The principle that states shallsettle their international disputesby peaceful means in such a man-ner that international peace andsecurity and justice are notendangered: The duty not to intervene inmatters within the domesticjurisdiction of any state, in accord-ance with the Charter of the Un-ited Nations: The duty of states to coop-erate with one another in accord-ance with the Charter of the Un-ited Nations; The principle of equal rightsand self-determination of peoples: The principle of sovereignequality of states: The principle that stated shallfulfil in good faith the obligationsassured by them in accordancewith the charter of the UnitedNations.

Voluntary mannerThe two governments further af-firmed the right of the Afghan re-fugees to return to their homelandin a voluntary and unimpededmanner.5. The following instrumentswere concluded on this date ascomponent parts of the politicalsettlement:A bilateral agreement betweenthe Republic of Afghanistan andthe Islamic Republic of Pakistanon the principles of mutual rela-tions, in particular on non-interf erene and non-intervention:A declaration on internationalguarantees by the Union of SovietSocialist Republics and the Un-ited States of America:A bilateral agreement betweenthe Republic of Afghanistan andthe Islamic Republic of Pakistanon the voluntary return of refuees:The present agreement on theinterrelationships for the settle-ment of the situation relating toAfghanistan.5. The bilateral agreement onthe principles of mutual relations,in particular on non-interferenceand non-internvention: the decla-ration on internationalguarantees: the bilateral agree-ment on the voluntary return ofrefugees: and the present agree-ment on the interrelationships forthe settlement of the situation re-lating to Afghanistan will enterinto force on 15 May 1988. In ac-cordance with the timeframe ag-reed upon between the Union ofSoviet Socialist Republics and theRepublic of Afghanistan there willbe a phased withdrawal of theforeign troops which will start onthe date of entry into forcementioned above. One half of thetroops will be withdrawn by 15 Au-gust 1988, and the withdrawal ofall troops will be completed withinnine months.6. The interrelationships inparagraph 5 above have been ag-reed upon in order to achieve ef-fectively the purpose of the politi-cal settlement, namely, that as

from 15 May, 1988, there will be nointerference and intervention inany form in the affairs of theparties: the internationalguarantees will be in operation:the voluntary return of the re-fugees to their homeland will startand be completed within thetimeframe specified in the agree-ment on the voluntary return ofthe refugees: and the phased with-drawal of the foreign troops willstart and be completed within thetimeframe envisaged inparagraph 5. It is therefore essen-tial that all the obligations deriv-ing from the instruments conc-luded as component parts of thesettlement be strictly fulfilled andthat all the steps required to en-sure full compliance with all theprovisions of the instruments becompleted in good faith.7.To consider alleged violationsand to work out prompt and mutu-

ally satisfactory solutions to ques-tions that may arise in the imp-lementation of the instrumentscomprising the settlement, rep-resentatives of the Republic of Af-ghanistan and the Islamic Re-public of Pakistan shall meetwhenever required.A representative of theSecretary-General of the UnitedNations shall lend his good officesto the parties and in that contexthe will assist in the organisation ofthe meetings and participate inthem. He may submit to theparties for their consideration andapproval suggestions and recom-mendations for prompt, faithfuland complete observance of theprovisions of the instruments.In order to enable him to fulfilhis tasks, the representative shall

be assisted by such personnel un-der his authority as required. Onhis own initiative, or at the requestof any of the parties, the personnelshall investigate any possible vio-lations of any of the provisions ofthe instruments and prepare a re-port theron. For that purpose, therepresentative and his personnelshall receive all the necessarycooperation from the parties, inc-luding all freedom of movementwithin their respective territoriesrequired for effective investiga-tion. Any report submitted by therepresentative to the two govern-ments shall be considered in ameeting of the parties no laterthan forty-eight hours after it hasbeen submitted.

The modalities and logisticalarrangements for the work of therepresentative and the personnelunder his authority as agreedupon with the parties are set out inthe memorandum of understand-ing which is annexed to and is partof this agreement.8. The present instrument willbe registered with the Secretary-General of the United Nations. Ithas been examined by the rep-resentatives of the parties to thebilateral agreements and of thestates-guarantors, who havesignified their consent with itsprovisions. The representatives ofthe parties, being duly authorisedthereto by their respective gov-ernments, have affixed their sig-natures hereunder. The Secretary-General of the United Nations waspresent.

Done, at Geneva, thisfourteenth day of April, 1988, infive original copies each in the En-glish, Pashtu, Russian and Urdulanguages, all being equally aut-hentic. In case of any dispute re-garding the interpretation the En-glish text shall prevail.(Signed by Afghanistan andPakistan).In witness thereof the rep-resentatives of the states-guarantors affixed their signa-tures hereunder:(Signed by the USSR and USA)AnnexMEMORANDUM OF UNDER-STANDINGI. Basic requirements(a) The parties will provide fullsupport and cooperation to therepresentative of the Secretary-General and to all the personnelassigned to assist him.(b) The representative of theSecretary-General and his person-nel will be accorded every facilityas well as prompt and effective as-sistance, including freedom ofmovement and communications,accommodation, transportationand other facilities that may benecessary for the performance oftheir tasks. Afghanistan andPakistan undertake to grant to therepresentative and his staff all therelevant privileges and im-munities provided for by the con-vention on the privileges and im-munities of the United Nations.(c) Afghanistan and Pakistanwill be responsible for the safetyof the representative of theSecretary-General and his person-nel while operating in their re-spective countries.(d) In performing their func-tions, the representative of theSecretary-General and his staffwill act with complete impartial-ity. The representative of theSecretary-General and his person-nel must not interfere in the inter-nal affairs of Afghanistan andPakistan and, in this context, can-not be used to secure advantagesfor any of the parties concerned.II.MandateThe mandate for theimplementation-assistancearrangements envisaged inParagraph 78 derives from the in-struments comprising the settle-ment. All the staff assigned to therepresentative of the Secretary-General will accordingly be care-fully briefed on the relevant-provi-sions of the instruments and on theprocedures that will be used to as-certain violationsthereof.

Modus operandiIII Modus operandi and personnelorganisationThe Secretary-General will ap-point a senior military officer asdeputy to the representative, whowill be stationed in the area, ashead of two small headquartersunits, one in Kabul and the otherin Islamabad, each comprisingfive military officers, drawn fromexisting United Nations opera-tions, and a small civilian aux-iliarystaff.

The deputy to the representa-tive of the Secretary-General willact on behalf of the representativeand be in contact with the partiesthrough the liaison office eachparty will designate for thispurpose.The two headquarters units willbe organised into two inspectionteams to ascertain on the groundany violation of the instrumentscomprising the settlement.Whenever considered necessaryby the representative of theSecretary-General or his deputy,up to 40 additional military offic-ers (some 10 additional inspectionteams) will be redeployed from ex-isting operations within theshortest possible time (normallyaround 48 hours).

The nationalities of all the offic-ers will be determined in consulta-tion with the parties.Whenever necessary the rep-resentative of the Secretary-General, who will periodicallyvisit the area for consultationswith the parties and to review thework of his personnel, will also as-

sign to the area mambers of hisown office and other civilianpersonnel from the United Na-tions secretariat as may beneeded. His deputy will alternatebetween the two headquarters un-its and will remain at all times inclose communication with him.IV. Procedure(a) Inspections conducted at therequest of the parties.(i) A complaint regarding a vio-lation of the instruments of thesettlement lodged by any of theparties should be submitted inwriting, in the English language,to the respective headquarters un-its and should indicate all relevantinformation and details.(ii) Upon receipt of a complaintthe deputy to the representativeof the Secretary-General will im-mediately inform the other partyof the complaint and undertake aninvestigation by making on-site in-spections, gathering testimonyand using any other procedurewhich he may deem necessary forthe investigation of the allegedviolation. Such inspection will beconducted using headquartersstaff as referred to above, unlessthe deputy representative of theSecretary-General considers thatadditional teams are needed. Inthat case, the parties will, underthe principle of freedom of move-ment, allow immediate access ofthe additional personnel to theirrespective territories.(iii) Reports on investigationswill be prepared in English andsubmitted by the deputy rep-resentative of the Secretary-General to the two governments,on a confidential basis. (A thirdcopy of the report will besimultaneously transmitted, on aconfidential basis, to United Na-tions headquarters in New York,exclusively for the information ofthe Secretary-General and his rep-resentative). In accordance withParagraph 7 a report on an investi-gation should be considered in ameeting of the parties not laterthan 48 hours after it has been sub-mitted. The deputy representativeof the Secretary-General will, inthe absence of the representative,lend his good offices to the partiesand in that context he will assist inthe organisation of the meetingsand participate in them. In thecontext of those meetings the De-

puty Representative of theSecretary-General may submit tothe parties for their considerationand approval suggestions and re-commendations for the prompt,faithful and complete observanceof the provisions of the instru-ments. (Such suggestions and re-commendations will be, as a mat-ter of course, consulted with, andcleared by, the representative ofthe Secretary-General).

Inspection(b) Inspections conducted onthe initiative of the deputy rep-resentative of the Secretary-General.In addition to inspections re-quested by the parties, the deputyrepresentative of the Secretary-General may carry out on his owninitiative and in consultation with

the representative inspections hedeems appropriate for thepurpose of the implementation ofParagraph 7. If it is consideredthat the conclusions reached in aninspection justify a report to theparties, the same procedure usedin submitting reports in connec-tion with inspections carried outat the request of the parties will befollowed.Level of participation inmeetings.The Deputy Secretary-Generalwill participate at meetings of theparties convened for the purposeof considering reports on viola-tions. Should the parties decide tomeet for the purpose outlined inParagraph 7 at a high politicallevel, the representative of theSecretary-General will personallyattend such meetings.V. DurationThe deputy to the representa-

tive of the Secretary-General andthe other personnel will be es-tablished in the area not later than20 days before the entry into forceof the instruments. The arrange-ments will cease to exist twomonths after the completion of alltimeframes envisaged for the imp-lementation of the instruments.VI. FinancingThe cost of all facilities andservices to be provided by theparties will be borne by the re-spective governments. Thesalaries and travel expenses of thepersonnel to and from the area, aswell as the costs of the localpersonnel assigned to the head-quarters units, will be defrayed bythe United Nations.