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Paris Peace
Agreement
Paris,
October 23, 1991
Annex 1 UNTAC
Mandate
Section A General Procedures
- In accordance with Article 6
of the Agreement, UNTAC will exercise the powers necessary to ensure the
implementation of this Agreement, including those relating to the
organisation and conduct of free and fair elections and the relevant aspects
of the administration of Cambodia.
- The following mechanism will
be used to resolve all issues relating to the implementation of this
Agreement which may arise between the Secretary-General's Special
Representative and the Supreme National Council (SNC):
a) The SNC offers advice to UNTAC, which will comply with this advice
provided there is a consensus among the members of the SNC and provided this
advice is consistent with the objectives of the present Agreement;
b) If there is no consensus among the members of the SNC despite every
endeavour of its President, H.R.H. Samdech Norodom Sihanouk, the President
will be entitled to make the decision on what advice to offer to UNTAC,
taking fully into account the views expressed in the SNC. UNTAC will comply
with the advice provided it is consistent with the objectives of the present
Agreement;
c) If H.R.H. Samdech Norodom Sihanouk, President of the SNC, the legitimate
representative of Cambodian sovereignty, is not, for whatever reason, in a
position to make such a decision, his power of decision will transfer to the
Secretary-General's Special Representative. The Special Representative will
make the final decision, taking fully into account the views expressed in
the SNC;
d) Any power to act regarding the implementation of this Agreement conferred
upon the SNC by the Agreement will be exercised by consensus or, failing
such consensus, by its President in accordance with the procedure set out
above. In the event that H.R.H. Samdech Norodom Sihanouk, President of the
SNC, the legitimate representative of Cambodian sovereignty, is not, for
whatever reason, in a position to act, his power to act will transfer to the
Secretary-General's Special Representative, who may take the necessary
action;
e) In all cases, the Secretary-General's Special Representative will
determine whether advice or action of the SNC is consistent with the present
Agreement.
- The Secretary-General's
Special Representative or his delegate will attend the meetings of the SNC
and of any subsidiary body which might be established by it and give its
members all necessary information on the decisions taken by UNTAC.
Section B Civil Administration
- In accordance with Article 6
of the Agreement, all administrative agencies, bodies and offices acting in
the field of foreign affairs, national defence, finance, public security and
information will be placed under the direct control of UNTAC, which will
exercise it as necessary to ensure strict neutrality. In this respect, the
Secretary-General's Special Representative will determine what is necessary
and may issue directives to the above-mentioned administrative agencies,
bodies and offices. Such directives may be issued to and will bind all
Cambodian Parties.
- In accordance with Article 6
of the Agreement, the Secretary-General's Special Representative, in
consultation with the SNC, will determine which other administrative
agencies, bodies and offices could directly influence the outcome of
elections. These administrative agencies, bodies and offices will be placed
under direct supervision or control of UNTAC and will comply with any
guidance provided by it.
- In accordance with Article 6
of the Agreement, the Secretary-General's Special Representative, in
consultation with the SNC, will identify which administrative agencies,
bodies and offices could continue to operate in order to ensure normal
day-to-day life in Cambodia, if necessary, under such supervision by UNTAC
as it considers necessary.
- In accordance with Article 6
of the Agreement, the authority of the Secretary-General's Special
Representative will include the power to:
a) Install in administrative agencies, bodies and offices of all the
Cambodian Parties United Nations personnel, who will have unrestricted
access to all administrative operations and information;
b) Require the reassignment or removal of any personnel of such
administrative agencies, bodies and offices.
- a) On the basis of the
information provided in Article I, paragraph 3, of annex 2, the Special
Representative of the Secretary-General will determine, after consultation
with the Cambodian Parties, those civil police necessary to perform law
enforcement in Cambodia. All Cambodian Parties hereby undertake to comply
with the determination made by the Special Representative in this regard;
b) All civil police will operate under UNTAC supervision or control, in
order to ensure that law and order are maintained effectively and
impartially, and that human rights and fundamental freedoms are fully
protected. In consultation with the SNC, UNTAC will supervise other law
enforcement and judicial processes throughout Cambodia to the extent
necessary to ensure the attainment of these objectives.
- If the Secretary-General's
Special Representative deems it necessary, UNTAC, in consultation with the
SNC, will undertake investigations of complaints and allegations regarding
actions by the existing administrative structures in Cambodia that are
inconsistent with or work against the objectives of this comprehensive
political settlement. UNTAC will also be empowered to undertake such
investigation on its own initiative. UNTAC will take, when necessary,
appropriate corrective steps.
Section C Military Functions
- UNTAC will supervise, monitor
and verify the withdrawal of foreign forces, the ceasefire and related
measures in accordance with annex 2, including:
a) Verification of the withdrawal from Cambodia of all categories of foreign
forces, advisers and military personnel and their weapons, ammunition and
equipment, and their non-return to Cambodia
b) Liaison with neighbouring Governments over any developments in or near
their territory that could endanger the implementation of this Agreement;
c) Monitoring the cessation of outside military assistance to all Cambodian
Parties;
d) Locating and confiscating caches of weapons and military supplies
throughout the country;
e) Assisting with clearing mines and undertaking training programmes in mine
clearance and a mine awareness programme among the Cambodian people.
- UNTAC will supervise the
regrouping and relocating of all forces to specifically designated
cantonment areas on the basis of an operational timetable to be agreed upon,
in accordance with annex 2.
- As the forces enter the
cantonments, UNTAC will initiate the process of arms control and reduction
specified in annex 2.
- UNTAC will take necessary
steps regarding the phased process of demobilisation of the military forces
of the parties, in accordance with annex 2.
- UNTAC will assist, as
necessary, the International Committee of the Red Cross in the release of
all prisoners of war and civilian internees.
Section D Elections
- UNTAC will organise and
conduct the election referred to in Part II of this Agreement in accordance
with this section and annex 3.
- UNTAC may consult with the SNC
regarding the organisation and conduct of the electoral process.
- 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.
- 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.
- 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.
- In organising 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.
Section E Human Rights
In accordance with Article 16, UNTAC will make provisions for:
a) The development and
implementation of a programme of human rights education to promote respect for
and understanding of human rights;
b) General human rights oversight
during the transitional period;
c) The
investigation of human rights complaints, and, where appropriate, corrective
action.
Annex 2 Withdrawal,
Ceasefire and Related Measures
Article I Ceasefire
- 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.
- 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 co-operate with the Secretary-General or his
representatives in the exercise of his good offices in this regard.
- The Parties agree that,
immediately upon the signing of this Agreement, the following information
will be provided to the United Nations:
a) Total strength of their forces, organisation, precise number and location
of deployments inside and outside Cambodia. The deployment will be depicted
on a map marked with locations of all troop positions, occupied or
unoccupied, including staging camps, supply bases and supply routes;
b) Comprehensive lists of arms, ammunition and equipment held by their
forces, and the exact locations at which those arms, ammunition and
equipment are deployed;
c) Detailed record of their minefields, including types and characteristics
of mines laid and information of booby traps used by them together with any
information available to them about minefields laid or booby traps used by
the other Parties;
d) Total strength of their police forces, organisation, precise numbers and
locations of deployments as well as comprehensive lists of their arms,
ammunition and equipment and the exact locations at which those arms,
ammunition and equipment are deployed.
- Immediately upon his arrival
in Cambodia, and not later than four weeks before the beginning of the
second phase, the Commander of the military component of UNTAC will, in
consultation with the Parties, finalise UNTAC's plan for the regroupment and
cantonment of the forces of the Parties and for the storage of their arms,
ammunition and equipment, in accordance with Article Ill of this annex. This
plan will include the designation of regroupment and cantonment areas, as
well as an agreed timetable. The cantonment areas will be established at
battalion size or larger.
- The Parties agree to take
steps to inform their forces at least two weeks before the beginning of the
second phase, using all possible means of communication, about the agreed
date and time of the beginning of the second phase, about the agreed plan
for the regroupment and cantonment of their forces and for the storage of
their arms, ammunition and equipment and, in particular, about the exact
locations of the regroupment areas to which their forces are to report. Such
information will continue to be disseminated for a period of four weeks
after the beginning of the second phase.
- 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.
Article II Liaison System and
Mixed Military Working Group
A Mixed Military Working Group (MMWG) will be established with a view to
resolving any problems that may arise in the observance of the ceasefire. It
will be chaired by the most senior United Nations military officer in Cambodia
or his representative. Each Party agrees to designate an officer of the rank of
brigadier or equivalent to serve on the MMWG. Its composition, method of
operation and meeting places will be determined by the most senior United
Nations military officer in consultation with the Parties. Similar liaison
arrangements will be made at lower military command levels to resolve practical
problems on the ground.
Article III Regroupment and
cantonment of the forces of the Parties and storage of their arms, ammunition
and equipment
- In accordance with the
operational timetable referred to in paragraph 4 of Article I of the present
annex, all forces of the Parties that are not already in designated
cantonment areas will report to designated regroupment areas, which will be
established and operated by the military component of UNTAC. These
regroupment areas will be established and operational not later than one
week prior to the date of the beginning of the second phase. The Parties
agree to arrange for all their forces, with all their arms, ammunition and
equipment, to report to regroupment areas within two weeks after the
beginning of the second phase. All personnel who have reported to the
regroupment areas will thereafter be escorted by personnel of the military
component of UNTAC, with their arms, ammunition and equipment, to designated
cantonment areas. All Parties agree to ensure that personnel reporting to
the regroupment areas will be able to do so in full safety and without any
hindrance.
- On the basis of the
information provided in accordance with paragraph 3 of Article I of the
present annex, UNTAC will confirm that the regroupment and cantonment
processes have been completed in accordance with the plan referred to in
paragraph 4 of Article I of this annex. UNTAC will endeavour to complete
these processes within four weeks from the date of the beginning of the
second phase. On the completion of regroupment of all forces and of their
movement to cantonment areas, respectively, the Commander of the military
component of UNTAC will so inform each of the four Parties.
- The Parties agree that, as
their forces enter the designated cantonment areas, their personnel will be
instructed by their commanders to immediately hand over all their arms,
ammunition and equipment to UNTAC for storage in the custody of UNTAC.
- UNTAC will check the arms,
ammunition and equipment handed over to it against the lists referred to in
paragraph 3. b) of Article I of this annex, in order to verify that all the
arms, ammunition and equipment in the possession of the Parties have been
placed under its custody.
Article IV Resupply of forces
during cantonment
The military component of UNTAC will supervise the resupply of all forces of
the Parties during the regroupment and cantonment processes. Such resupply will
be confined to items of a non-lethal nature such as food, water, clothing and
medical supplies as well as provision of medical care.
Article V Ultimate disposition of the forces of the Parties and of their arms,
ammunition and equipment
- In order to reinforce the
objectives of a comprehensive political settlement, minimise the risks of a
return to warfare, stabilise 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.
- 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.
- UNTAC will assist, as
required, with the reintegration into civilian life of the forces
demobilised prior to the elections.
- a) UNTAC will control and
guard all the arms, ammunition and equipment of the Parties throughout the
transitional period;
b) As the cantoned forces are demobilised in accordance with paragraph 1
above, there will be a parallel reduction by UNTAC of the arms, ammunition
and equipment stored on site in the cantonment areas. For the forces
remaining in the cantonment areas, access to their arms, ammunition and
equipment shall only be on the basis of the explicit authorisation of the
Special Representative of the Secretary-General;
c) If there is a further demobilisation of the military forces in accordance
with paragraph 2. a) above, there will be a commensurate reduction by UNTAC
of the arms, ammunition and equipment stored on site in the cantonment
areas;
d) The ultimate disposition of all arms, ammunition and equipment will be
determined by the government that emerges through the free and fair
elections in accordance with Article 12 of this Agreement.
Article VI Verification of
withdrawal from Cambodia and non-return of all categories of foreign forces
- UNTAC shall be provided, no
later than two weeks before the commencement of the second phase of the
ceasefire, with detailed information in writing regarding the withdrawal of
foreign forces. This information shall include the following elements:
a) Total strength of these forces and their organisation and deployment;
b) Comprehensive lists of arms, ammunition and equipment held by these
forces, and their exact locations;
c) Withdrawal plan (already implemented or to be implemented), including
withdrawal routes, border crossing points and time of departure from
Cambodia.
- On the basis of the
information provided in accordance with paragraph 1 above, UNTAC will
undertake an investigation in the manner it deems appropriate. The Party
providing the information will be required to make personnel available to
accompany UNTAC investigators.
- Upon confirmation of the
presence of any foreign forces, UNTAC will immediately deploy military
personnel with the foreign forces and accompany them until they have
withdrawn from Cambodian territory. UNTAC will also establish checkpoints on
withdrawal routes, border crossing points and airfields to verify the
withdrawal and ensure the non-return of all categories of foreign forces.
- The Mixed Military Working
Group (MMWG) provided for in Article II of this annex will assist UNTAC in fulfilling
the above-mentioned tasks.
Article VII Cessation of
outside military assistance to all Cambodian Parties
- All Parties undertake, from
the time of the signing of this Agreement, not to obtain or seek any outside
military assistance, including weapons, ammunition and military equipment
from outside sources.
- The Signatories whose
territory is adjacent to Cambodia, namely, the Governments of the Lao
People's Democratic Republic, the Kingdom of Thailand and the Socialist
Republic of Viet Nam, undertake to:
a) Prevent the territories of their respective States, including land
territory, territorial sea and air space, from being used for the purpose of
providing any form of military assistance to any of the Cambodian Parties.
Resupply of such items as food, water, clothing and medical supplies through
their territories will be allowed, but shall, without prejudice to the
provisions of sub-paragraph c) below, be subject to UNTAC supervision upon
arrival in Cambodia;
b) Provide written confirmation to the Commander of the military component
of UNTAC, not later than four weeks after the second phase of the ceasefire
begins, that no forces, arms, ammunition or military equipment of any of the
Cambodian Parties are present on their territories;
c) Receive an UNTAC liaison officer in each of their capitals and designate
an officer of the rank of colonel or equivalent, not later than four weeks
after the beginning of the second phase of the ceasefire, in order to assist
UNTAC in investigating, with due respect for their sovereignty, any
complaints that activities are taking place on their territories that are
contrary to the provisions of the comprehensive political settlement.
- To enable UNTAC to monitor
the cessation of outside assistance to all Cambodian Parties, the Parties
agree that, upon signature of this Agreement, they will provide to UNTAC any
information available to them about the routes and means by which military
assistance, including weapons, ammunition and military equipment, have been
supplied to any of the Parties. Immediately after the second phase of the
ceasefire begins, UNTAC will take the following practical measures:
a) Establish checkpoints along the routes and at selected locations along
the Cambodian side of the border and at airfields inside Cambodia;
b) Patrol the coastal and inland waterways of Cambodia;
c) Maintain mobile teams at strategic locations within Cambodia to patrol
and investigate allegations of supply of arms to any of the Parties.
Article VIII Caches of weapons
and military supplies
- In order to stabilise the
security situation, build confidence and reduce arms and military supplies
throughout Cambodia, each Party agrees to provide to the Commander of the
military component of UNTAC, before a date to be determined by him, all
information at its disposal, including marked maps, about known or Suspected
caches of weapons and military supplies throughout Cambodia.
- On the basis of information
received, the military component of UNTAC shall, after the date referred to
in paragraph 1, deploy verification teams to investigate each report and
destroy each cache found.
Article IX Unexploded ordnance
devices
- Soon after arrival in
Cambodia, the military component of UNTAC shall ensure, as a first step,
that all known minefields are clearly marked.
- The Parties agree that,
after completion of the regroupment and cantonment processes in accordance
with Article Ill of the present annex, they will make available
mine-clearing teams which, under the supervision and control of UNTAC
military personnel, will leave the cantonment areas in order to assist in
removing, disarming or deactivating remaining unexploded ordnance devices.
Those mines or objects which cannot be removed, disarmed or deactivated will
be clearly marked in accordance with a system to be devised by the military
component of UNTAC.
- UNTAC shall:
a) Conduct a mass public education programme in the recognition and
avoidance of explosive devices;
b) Train Cambodian volunteers to dispose of unexploded ordnance devices;
c) Provide emergency first-aid training to Cambodian volunteers.
Article X Investigation of
violations
- After the beginning of the
second phase, upon receipt of any information or complaint from one of the
Parties relating to a possible case of non-compliance with any of the
provisions of the present annex or related provisions, UNTAC will undertake
an investigation in the manner which it deems appropriate. Where the
investigation takes place in response to a complaint by one of the Parties,
that Party will be required to make personnel available to accompany the
UNTAC investigators. The results of such investigation will be conveyed by
UNTAC to the complaining Party and the Party complained against, and if
necessary to the SNC.
- UNTAC will also carry out
investigations on its own initiative in other cases when it has reason to
believe or suspect that a violation of this annex or related provisions may
be taking place.
Article XI Release of prisoners
of war
The military component of UNTAC will provide assistance as required to the
International Committee of the Red Cross in the latter's discharge of its
functions relating to the release of prisoners of war.
Article XII Repatriation and
resettlement of displaced Cambodians
The military component of UNTAC will provide assistance as necessary in the
repatriation of Cambodian refugees and displaced persons carried out in
accordance with Articles 19 and 20 of this Agreement, in particular in the
clearing of mines from repatriation routes, reception centres and resettlement
areas, as well as in the protection of the reception centres.
Annex 3 Elections
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Voting will be by secret
ballot, with provision made to assist those who are disabled or who cannot
read or write.
- 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.
Annex 4 Repatriation
of Cambodian Refugees and Displaced Persons
Part I
Introduction
- As part of the comprehensive
political settlement, every assistance will need to be given to Cambodian
refugees and displaced persons as well as to countries of temporary refuge
and the country of origin in order to facilitate the voluntary return of all
Cambodian refugees and displaced persons in a peaceful and orderly manner.
It must also be ensured that there would be no residual problems for the
countries of temporary refuge. The country of origin with responsibility
towards its own people will accept their return as conditions become
conducive.
Part II Conditions Conducive to
the Return of Refugees and Displaced Persons
- The task of rebuilding the
Cambodian nation will require the harnessing of all its human and natural
resources. To this end, the return to the place of their choice of
Cambodians from their temporary refuge and elsewhere outside their country
of origin will make a major contribution.
- Every effort should be made
to ensure that the conditions which have led to a large number of Cambodian
refugees and displaced persons seeking refuge in other countries should not
recur. Nevertheless, some Cambodian refugees and displaced persons will wish
and be able to return spontaneously to their homeland.
- There must be full respect
for the human rights and fundamental freedoms of all Cambodians, including
those of the repatriated refugees and displaced persons, in recognition of
their entitlement to live in peace and security, free from intimidation and
coercion of any kind. These rights would include, inter alia, freedom of
movement within Cambodia, the choice of domicile and employment, and the
right to property.
- In accordance with the
comprehensive political settlement, every effort should be made to create
concurrently in Cambodia political, economic and social conditions conducive
to the return and harmonious integration of the Cambodian refugees and
displaced persons.
- With a view to ensuring that
refugees and displaced persons participate in the elections, mass
repatriation should commence and be completed as soon as possible, taking
into account all the political, humanitarian, logistical, technical and
socio-economic factors involved, and with the co-operation of the SNC.
- Repatriation of Cambodian
refugees and displaced persons should be voluntary and their decision should
be taken in full possession of the facts. Choice of destination within
Cambodia should be that of the individual. The unity of the family must be
preserved.
Part III Operational Factors
- Consistent with respect for
principles of national sovereignty in the countries of temporary refuge and
origin, and in close co-operation with the countries of temporary refuge and
origin, full access by the Office of the United Nations High Commissioner
for Refugees (UNHCR), CRC and other relevant international agencies should
be guaranteed to all Cambodian refugees and displaced persons, with a view
to the agencies undertaking the census, tracing, medical assistance, food
distribution and other activities vital to the discharge of their mandate
and operational responsibilities; such access should also be provided in
Cambodia to enable the relevant international organisations to carry out
their traditional monitoring as well as operational responsibilities.
- In the context of the
comprehensive political settlement, the Signatories note with satisfaction
that the Secretary-General of the United Nations has entrusted UNHCR with
the role of leadership and co-ordination among intergovernmental agencies
assisting with the repatriation and relief of Cambodian refugees and
displaced persons. The Signatories look to all non-governmental
organisations to co-ordinate as much as possible their work for the
Cambodian refugees and displaced persons with that of UNHCR.
- The SNC, the Governments of
the countries in which the Cambodian refugees and displaced persons have
sought temporary refuge, and the countries which contribute to the
repatriation and integration effort will wish to monitor closely and
facilitate the repatriation of the returnees. An ad hoc consultative body
should be established for a limited term for these purposes. The UNHCR, the
ICRC, and other international agencies as appropriate, as well as UNTAC,
would be invited to join as full participants.
- Adequately monitored
short-term repatriation assistance should be provided on an impartial basis
to enable the families and individuals returning to Cambodia to establish
their lives and livelihoods harmoniously in their society. These interim
measures would be phased out and replaced in the longer term by the
reconstruction programme.
- Those responsible for
organising and supervising the repatriation operation will need to ensure
that conditions of security are created for the movement of the refugees and
displaced persons. In this respect, it is imperative that appropriate border
crossing points and routes be designated and cleared of mines and other
hazards.
- The international community
should contribute generously to the financial requirements of the
repatriation operation.
Annex 5 Principles
for a New Constitution for Cambodia
- 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.
- 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.
- The constitution will
declare Cambodia's status as a sovereign, independent and neutral State, and
the national unity of Cambodian people.
- 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 organise
and participate in the electoral process.
- An independent judiciary
will be established, empowered to enforce the rights provided under the
constitution.
- The constitution will be
adopted by a two-thirds majority of the members of the constituent assembly.
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