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The Transitional Justice Peace Agreements Database.  
 
Database - Record for : Agreement on a Comprehensive Political Settlement of the Cambodia Conflict
Record 258

Country :

Cambodia

Agreement Title/Name:
Agreement on a Comprehensive Political Settlement of the Cambodia Conflict
Year :
1991
Date Signed :

23 October 1991

Summary :

Called for establishment of UN Transitional Authority (UNTAC) and made provision for free and fair elections and for the drafting of a new Constitution. Affirmed ceasefire, expressed commitment to respect for human rights and urged international community to support rehabilitation and reconstruction. Also provided for withdrawal of foreign forces and the creation of conditions for the return of refugees/displaced persons and the release of all prisoners of war and civilian internees. Five Annexes provide for: UNTAC mandate; Withdrawal, ceasefire and related measures; Elections; Repatriation of Cambodian refugees and displaced persons; 5 Principles for a new constitution for Cambodia; Comprehensive agreement establishing ceasefire and setting out terms of full DDR and new constitutional arrangements; key UN role


Parties :
Supreme National Council
Third Parties :
Statehood/Identity :
Preamble reaffirms the sovereignty, independence, territorial integrity of Cambodia, and goes on 'to ensure the exercise of the right to self-determination of the Cambodian people'
Governance/Democratic Inst :
Preamble notes the formation of the Supreme National Council in Jakarta in 1990 as the source of authority during the transitional period (see also section 3); Article 1 transitional period will end upon free and fair elections of a constituent assembly (see also annex 5) has approved a constitution and transformed itself into a legislative assembly; annex 5 Principles for a new Cambodian constitution- system of liberal democracy
Women :
Not Applicable
Amnesty :
Not Applicable
Past Mechanism :
Not Applicable
Prisoner Release :
Part VI Release of Prisoners of War and Civilian Internee Article 21 to be accomplished ASAP by the ICRC with assistance from intl orgs and signatories; Annex 2, Article XI the military component of UNTAC will provide assistance to the ICRC in the latter's discharge of its duties
Victims :
Not Applicable
Criminal Justice Reform :
Annex 1, Section B, Article 5.b) in consultation with the SNC, UNTAC will supervise judicial processes; Annex 5. 5 provides for an independent judiciary to be established, empowered to enforce the rights provided under the constitution
National Human Rights Inst :
Not Applicable
Human Rights Framework :
Part 3 Human Rights, Article 15 guarantees the UDHR and other relevant intl HR instruments; Article 16 UNTAC to foster HR environment in transitional period; Article 17 after transition UN HRC to monitor situation in Cambodia, if necessary by appointing a Special Rapporteur; Annex 1, Section E. UNTAC responsible for general HR oversight and education during transitional period
Judicial Reform :
Annex 1, Section B, Article 5.b) in consultation with the SNC, UNTAC will supervise judicial processes; Annex 5. 5 provides for an independent judiciary to be established, empowered to enforce the rights provided under the constitution
Policing :
Annex 1, Section B, Article 5.b) all civilian police will operate under UNTAC supervision or control
Refugees/Land :
Part V refugees, Article 19 commits to encouraging the voluntary return and harmonious integration of refugees and IDPs, Article 20 guarantees right to return; Annex 2, Article XI the military component of UNTAC will provide assistance in the repatriation of Cambodian refugees and IDPs; Annex 4 Repatriation of Cambodian Refugees and Displaced Persons (restates earlier provisions) and Part III operational factors;
Civil Society :
Not Applicable
Dev& Socio-Economic Rights :
Not Applicable
Enforcement Mechanism :
Section 2 UNTAC; annex 1, section c, and annex 2 contain detailed provisions on UNTAC's role in supervising, monitoring, and verifying the ceasefire and related measures, incl the withdrawal of foreign forces and disposition of all Cambodian forces; Part II Elections; Article 16 UNTAC to foster HR environment in transitional period; Article 17 after transition UN HRC to monitor situation in Cambodia, if necessary by appointing a Special Rapporteur; Article 20.2) requests UN SG to facilitate the repatriation, in accordance with annex 4; Article 29 in the event of violation or threat of violation of this agreement, the conference co-chairs will immediately undertake appropriate consulations to ensure respect for the agreement; Article 31 the agreement to remain open for accession to all states, acceding states being bound by the same obligations; Annex 2, Article 2 Mixed Military Working Group to be established to resolve any problems arising in the observance of the ceasefire, chaired by most senior UN military officer in Cambodia, its further composition to be decided by him in consultation with the parties, similar liaison arrangements to be made at lower military command levels; Annex 2, Article 3 UNTAC to oversee regroupment and cantonment of the forces of the parties and storage of their arms, ammunition and equipment, and article 4 resupply of forces during cantonment, article 5 ultimate disposition of the forces of the parties and of their arms, ammunition and equipment, article 6 verification; Annex 2, Article 7 Laos, Thailand, Vietnam, undertake to receive an UNTAC liasion officer to investigate their compliance with the agreement, UNTAC also to establish checkpoints in Cambodia and patrol inland and coastal waterways to ensure compliance; Article Investigation of violations by UNTAC
International Community :
Article 10 immediate cessation of all outside military assistance to all Cambodian parties; Part 6 Intl Guarantees, Article 18 signatories undertake to respect Cambodia's sovereignty and independence; Part VI Release of Prisoners of War and Civilian Internee Article 21 to be accomplished ASAP by the ICRC with assistance from intl orgs and signatories; Article 24 urges intl community to provide economic and financial support for reconstruction; Article 26 Signatories request other states, intl orgs and other bodies to cooperate and assist in the implementation of this Agreement and in the fulfilment by UNTAC of its mandate; Article 31 the agreement to remain open for accession to all states, acceding states being bound by the same obligations; Annex 2, Article 7 all parties undertake not to obtain or seek outside military assistance; and the neighbouring signatories, I.e. Laos, Thailand, Vietnam, undertake to prevent the territories of their respective states being used to form military assistance to any of the Cambodian parties; these countries will provide written confirmation to UNTAC to that effect and receive an UNTAC liasion officer to investigate, and to provide UNTAC with any necessary info to verify their compliance; Annex 4 Part III calls for generous financial contributions for refugee repatriation from intl community; Article 21 role for intl orgs in release of POWs and Civilian Internees
UN Involvement :
UN present at conference; Talks based on framework doc endorsed by SC Res 668 (1990) and GA Res 45/3 (1990); Preamble calls for the establishment of UN Transitional Authority in Cambodia (UNTAC); Preamble welcomes UN SC res 717 (1991) on Cambodia; Article 20.2) requests UN SG to facilitate the repatriation, in accordance with annex 4 [for remainder, see 'enforcement mechanism']
Source :
USIP


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