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The First Draft

Peace Agreement Between the Afghanistan Islamic Republic and the Islamic Tahreek-e-Taliban



Chapter One: Basic Principles

Article 1:

The Afghanistan Islamic Republic and the Taliban Islamic Tehreek, with a strong and unshakable faith in God Almighty and a firm belief in the holy religion of Islam, are committed to following the strict principles of this religion and aim at it.

Article 2:

Both sides believe that religious principles and guidelines will be the main basis of all government laws and practices, as Articles 2 and 3 of the Constitution emphasize that "the religion of the Islamic Republic of Afghanistan is the sacred religion of Islam and there are no laws in Afghanistan.that can be against the beliefs and rules of the holy religion of Islam."

Article 3:

(1) Both parties believe that all people, men, and women, have equal rights and responsibilities before the law, without discrimination or privilege.
2) The unified State of Afghanistan belongs to all the tribes and courageous people of this land, and national sovereignty is the inalienable right of the nation, which exercises it directly or through its elected representatives.

Article 4:

Both sides support the withdrawal of foreign troops from Afghanistan under the agreements to strengthen national sovereignty and the interests of the country and believe that the people of Afghanistan can, through unity and solidarity, contain the war crisis and counter the new allied threats.

Chapter Two: Commitments of the Parties

Part One: Obligations of the Afghanistan Islamic Republic:

Article 5:

(1) The Afghanistan Islamic Republic guarantees that by signing this Agreement, in contact with the United Nations Security Council and all relevant States and institutions, the process of lifting all sanctions for the permanent cessation of hostilities and the establishment of lasting peace and security in Afghanistan The case of the Islamic Tehreek-e-Taliban (TTP), its leader, prominent figures and members, begins with a formal request for the lifting of sanctions.
(2) The Afghanistan Islamic Republic is obliged to use all possible means to make all possible efforts to lift any sanctions against the leaders and members of the Islamic Tehreek-e-Taliban (TTP) as soon as possible.

Article 6:

At the time of signing of this agreement, the Afghanistan Islamic Republic officially declares that the Leader of the Islamic Tehreek-e-Taliban (TTP) and other prominent figures can live freely in Kabul or any other place in Afghanistan in accordance with applicable laws. It considers itself obliged to provide the necessary and favorable conditions for the realization of these conditions.

Article 7:

The Afghanistan Islamic Republic undertakes to officially declare that it recognizes the right of the Tehreek-e-Islami (TTP) to operate in all political and social dimensions in accordance with current laws in the country and to cooperate fully in its implementation. Participate in presidential, parliamentary, provincial, and municipal elections and have candidates.

Article 8:

1) The Afghanistan Islamic Republic undertakes to prepare the ground for further reform of the electoral process in consultation with the political, civil, and governmental institutions of the country and to submit specific plans in this regard to seek the opinion of the people and political parties.
(2) The government is committed to paving the way for the presence of the Taliban Islamic Movement in the electoral reform process.
(3) The government, in consultation with Afghanistan's leading political parties and all relevant institutions, is required to institutionalize a proportional electoral system in Afghanistan's election laws. It is also required to ensure the presence of the Taliban in accordance with the law.

Article 9:

The President of the Islamic Republic of Afghanistan issues a special decree on the arrival of the Supreme Leader and other prominent figures of the Islamic Tehreek-e-Taliban (TTP) by holding special ceremonies to ensure their return to their homeland with special honor and respect.

Article 10:

The leader of the Taliban can choose two or three suitable places to stay in Afghanistan, and the government will provide the necessary security measures and a reasonable cost for this purpose.

Article 11:

(1) The Government of the Islamic Republic of Afghanistan shall guarantee the judicial immunity of the Leader and members of the Islamic Tehreek-e-Taliban in connection with past political and military activities by signing a special decree in accordance with this Agreement and the provisions of the Constitution.
(2) the Afghanistan Islamic Republic undertakes to release prisoners and detainees of the Tehreek-e-Islami Taliban who have been included in the agreed list and have not committed any criminal offenses and there is no (Haqull-Abd) claim against them, through a public commission set up for this purpose. They would be released as soon as possible and no more than three months.
(3) The Islamic Tehreek-e-Taliban commit that the released members of the Islamic Tehreek-e-Taliban will not return to the battlefield against the Government of the Islamic Republic of Afghanistan and will not join any illegal or terrorist armed group.
(4) Supervision of the settlement process of any dispute in this regard shall be entrusted to the Joint Executive Commission, which shall be regulated by a special regulation.

Article 12:

In order to ensure better political stability and to strengthen the Islamic Republic of Afghanistan and to create an atmosphere of trust between the government and the Islamic Tehreek-e-Taliban, the leadership of the Government of the Islamic Republic of Afghanistan ensures the participation of the leadership of the Islamic Tehreek-e-Taliban in the elaboration of Important government and national policies.

Article 13:

(1) The Government of the Republic of Afghanistan is obliged to provide the necessary conditions for the presence and participation of the Islamic Taliban of Afghanistan in government institutions in accordance with the provisions of the Constitution.
(2) The appropriate and acceptable framework for achieving this goal shall be drafted by the High National Reconciliation Council in agreement with the Taliban Islamic Tehreek-e-Taliban and will be submitted to the President.

Article 14:

The Government of the Islamic Republic of Afghanistan undertakes in accordance with the law to recruit qualified individuals and commanders of the Islamic Tehreek-e-Taliban (TTP) who are interested in military service to the country's defense and security forces. The Islamic Republic of Afghanistan is also committed to ensuring its legal, dignified, and sustainable integration into society. Modalities of the implementation of this article will be regulated by a special regulation.

Article 15:

The period of dismissal of those officers and officers of the Islamic Tehreek-e-Taliban who have previously served in government offices and have been dismissed from service, if they can provide legal documents, is considered as their term of service according to the law and their re-recruitment will be done according to legal provisions.

Article 16:

(1) The Government of the Republic of Afghanistan undertakes all possible measures, including the provision of land for shelter with the necessary facilities in Kabul and other provinces of the country, in order to solve the problems of Afghan refugees residing in Pakistan and Iran and to return them back home voluntarily, with dignity and durable repatriation.
(2) In this regard, the Government of the Republic of Afghanistan undertakes to, as the first step, paving the way for the voluntary repatriation of migrant families with the assistance of the international community.
(3) The Government of the Republic of Afghanistan, should take the necessary measures in order to take care of the survivors of the martyrs and the disabled of the Islamic Tehreek-e-Taliban as other martyrs and disabled people in the country. Modalities of the implementation of this program will be determined and regulated by the Joint Executive Commission according to a special regulation.

Article 17:

Other issues of repatriation of Taliban Islamic Movement personalities and members living abroad will be regulated in more detail in accordance with the provisions of this agreement and the adoption of a special regulation.

Part II, The obligations of Tehreek-e-Islami Taliban (TTP)

Article 18:

(1) After the formal announcement of this agreement, the Islamic Tehreek-e-Taliban (TTP) officially declares that it acts as an important political organization in the country and complies with the Constitution of the Islamic Republic of Afghanistan for the highest interests of the country and commit the permanent cessation of war and violence in order to ensure a lasting peace.

(2) Temporary ceasefire during :
The Government of the Islamic Republic of Afghanistan and the Islamic Tehreek-e-Taliban commit to observe a temporary ceasefire during each round of talks.

(3) Permanent ceasefire:
A permanent ceasefire shall be established after the signing of this Agreement in accordance with a special regulation.

(4) During the establishment of a permanent ceasefire, the Islamic Tehreek-e-Taliban (TTP) ceases all military provocations and disbands its military establishment. The Joint Executive Commission shall take the necessary measures to implement this Article as soon as possible.
(5) After the signature of this Agreement the Government of the Islamic Republic of Afghanistan and, the Islamic Tehreek-e-Taliban commit to releasing as many prisoners as possible from both sides as soon as possible.
(6) The Government of the Republic of Afghanistan shall take the necessary measures to ensure the security of those released from prison who are affiliated with the Islamic Tehreek-e-Taliban.

Article 19: The Islamic Tehreek-e-Taliban commits to declare after the signing of this agreement that it shall not establish or support any links with terrorist groups and illegal armed organizations, both domestic and foreigner.

Article 20:

The Tehreek-e-Islami (TTP) is committed to working with the Government of the Islamic Republic of Afghanistan as a political party to defend and ensure lasting security throughout the country and to establish offices in the center and provinces as an official political party.

Article 21:

The Islamic Tehreek-e-Taliban (TTP) is fully prepared to work for lasting peace and stability in Afghanistan, understanding its religious and historical responsibilities, and to support the efforts of the Government of the Islamic Republic of Afghanistan.

Chapter 3 Amendments to the Constitution and other laws related to the peace agreement

Article 22:

The Government of the Islamic Republic of Afghanistan undertakes to amend the Constitution of the Islamic Republic of Afghanistan in order to further comply with the provisions of the religion of Islam and to ensure better participation of the Taliban in all government institutions. The Government of the Islamic Republic of Afghanistan shall take the following measures to this end:

First - Establishment of an amendment commission for the redaction of the revision draft of the Constitution by presidential decree less than one month after the date of the signature of this agreement.
Second - Establishment of an amendment commission for the redaction of the revision drafts of the election laws of Afghanistan. Third - Establishment of a commission to amend other laws related to the peace agreement.
Fourth - Representatives of the Islamic Tehreek-e-Taliban (TTP) and other influential parties in Afghanistan will be given a fair share in the composition of the above commissions.

Chapter Four The Transitional Period

Article Twenty-three:

Because the amendment of the Constitution and other laws related to the peace agreement are time-consuming, and most importantly, after the amendment of these legal documents, parliamentary and presidential elections must be held in accordance with the provisions of the new amendments to the Constitution and other laws. The time between the signature of this agreement and the declaration of results of the parliamentary and presidential elections is called the transitional period.

Article Twenty-four:

(1) A transitional government shall be established within one month from the date of signature of this Agreement.
(2) The composition and functioning of the transitional government will be regulated by a special agreement document with representatives of prominent Afghan political forces, representatives of the Islamic State of Afghanistan, and representatives of the Taliban Islamic Movement in the city of Doha or Tashkent or Bonn.
(3) This document will be in force upon the signature of the participants.

Chapter Five Final Dispositions

Article Twenty-Five:

This agreement is valid as an official document between the Government of the Islamic Republic of Afghanistan and the Islamic Tehreek-e-Taliban under the supervision and mediation of the Supreme National Reconciliation Council of the Islamic Republic of Afghanistan from the date of signature. Any revision requested by one of the parties after the adoption of this revision must be included in this agreement in writing.

Article Twenty-six:

(1) In order to monitor the full implementation of this Agreement, both Parties agree to establish a Joint Commission to monitor the implementation of this Agreement, composed of competent representatives of both Parties.
(2) The Joint Commission for Supervision of the Implementation of this Agreement shall operate under the supervision of the Supreme National Conciliation Council of the Islamic Republic of Afghanistan.

Article 27:

This agreement is divided into five chapters and twenty-seven articles, which enter into force after the signatures of the parties.



Draft prepared by
Dr. Mohamad Salim Modjaz

Translation of this draft from Dari to Pashto
Ghaffar Girami


Please send your comments and suggestions to the following email address

mohsalim@gmail.com


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