AAN Resources

The ‘government of national unity’ deal (full text)


As emailed to journalists by the US Embassy on 21 September 2014; articles of the constitution cited in the agreement are given after the text (added by AAN)

Agreement between the Two Campaign Teams Regarding the Structure of the National Unity Government

This period in Afghanistan’s history requires a legitimate and functioning government committed to implementing a comprehensive program of reform to empower the Afghan public, thereby making the values of the Constitution a daily reality for the people of Afghanistan. Stability of the country is strengthened by a genuine political partnership between the President and the CEO, under the authority of the President. Dedicated to political consensus, commitment to reforms, and cooperative decision-making, the national unity government will fulfill the aspirations of the Afghan public for peace, stability, security, rule of law, justice, economic growth, and delivery of services, with particular attention to women, youth, Ulema, and vulnerable persons. Further, this agreement is based on the need for genuine and meaningful partnership and effective cooperation in the affairs of government, including design and implementation of reforms.

The relationship between the President and the CEO cannot be described solely and entirely by this agreement, but must be defined by the commitment of both sides to partnership, collegiality, collaboration, and, most importantly, responsibility to the people of Afghanistan. The President and CEO are honor bound to work together in that spirit of partnership.

A. Convening of a Loya Jirga to amend the Constitution and considering the proposal to create the post of executive prime minister

• On the basis of Article 2 of the Joint Statement of 17 Asad 1393 (August 8, 2014) and its attachment (“…convening of a Loya Jirga in two years to consider the post of an executive prime minister”), the President is committed to convoking a Loya Jirga for the purpose of debate on amending the Constitution and creating a post of executive prime minister.

• After the inauguration ceremony, the President will appoint in consultation with the CEO by executive order a commission to draft an amendment to the Constitution.

• On the basis of Article 140 of the Constitution, the national unity government is committed to holding district council elections as early as possible on the basis of a law in order to create a quorum for the Loya Jirga in accordance with Section 2 of Article 110 of the Constitution.

• The national unity government is committed to ratifying and enforcing a law on the organization of the basic organs of the state and determination of the boundaries and limits of local administration by legal means.

• The national unity government commits to completing the distribution of electronic/computerized identity cards to all the citizens of the country as quickly as possible.

• The above issues and other matters that are agreed to will be implemented on a schedule which is appended to this agreement.

B. The position of the Chief Executive Officer

• Until such time as the Constitution is amended and the position of executive prime minister is created, the position of Chief Executive Officer (CEO) will be created by presidential decree on the basis of Article 50 of the Constitution and Article 2 of the attached Joint Declaration and its annex. The CEO and his deputies will be introduced in the presidential inauguration ceremony.

• The appointment of the CEO with the functions of an executive prime minister will take place through a proposal by the runner-up and the agreement of the President. The CEO will be answerable to the President.

• A special protocol for the CEO will be authorized in a presidential decree.

• The President will delegate by a presidential decree specific executive authorities to the CEO with a view to Articles 60, 64, 71, and 77 of the Constitution. Key elements of authorities will include the following:

1. Participation of the CEO with the President in bilateral decision-making meetings.

2. Carrying out administrative affairs and executive affairs of the government as determined by presidential decree.

3. Implementing the reform program of the National Unity Government.

4. Proposing reforms in all government agencies and decisively combatting official corruption.

5. Exercising specific administrative and financial authorities, which will be determined in a presidential decree.

6. Establishing working relationships of the executive branch of the government with the legislative and judicial branches within the framework of defined functions and authorities.

7. Implementing, monitoring, and supporting the policies, programs, and budgetary and financial affairs of the government.

8. Submitting necessary reports and proposals to the President.

9. The President, as the head of state and government, leads the Cabinet (Kabina), which meets at his discretion on government policy, strategy, budgeting, resource allocation, and legislation among its other functions and authorities. The Cabinet consists of the President, Vice-Presidents, CEO, Deputy CEOs, the Chief Advisor, and ministers. The CEO will be responsible for managing the Cabinet’s implementation of government policies, and will report on progress to the President directly and in the Cabinet. To that end, the CEO will chair regular weekly meetings of the Council of Ministers (Shura-ye Waziran), consisting of the CEO, Deputy CEOs, and all ministers. The Council of Ministers will implement the executive affairs of the government. The CEO will also chair all the sub-committees of the Council of Ministers. Based on this article of the agreement, a presidential decree will introduce and define the new Council of Ministers as distinct from the Cabinet.

10. Providing advice and proposals to the President for appointment and dismissal of senior government officials and other government affairs.

11. Special representation of the President at the international level as deemed necessary by the President.

12. The CEO is a member of the National Security Council.

13. The CEO will have two deputies, who will be members of meetings of the cabinet and meetings of the National Security Council. The functions, authorities, and responsibilities of the CEO’s deputies, in line with the CEO’s functions and authorities, as well as an appropriate protocol for them, will be proposed by the CEO and approved by the President through presidential decree.

C. Appointment of senior officials

On the basis of the principles of national participation, fair representation, merit, honesty, and commitment to the reform programs of the national unity government, the parties are committed to the following:

• Parity in the selection of personnel between the President and the CEO at the level of head of key security and economic institutions, and independent directorates. As a consequence of this parity, and the provisions of Sections B(12) and (13) above, the two teams will be equally represented in the National Security Council at the leadership level, and equitably (barabarguna) represented at the membership level.

• The President and the CEO will agree upon a specific merit-based mechanism for the appointment of senior officials. The mechanism will provide for the full participation of the CEO in proposing nominees for all applicable positions and for full consideration of all nominations. In conformity with the intent of the Joint Declaration and its annex (Article 5), the President and the CEO will consult intensively on the selection of senior appointees not covered by the Civil Service Commission through the above mechanism, which can lead to equitable (Barabarguna) representation from both parties, and with attention to inclusivity and the political and societal composition of the country, with particular attention to women and youth, and persons with disabilities, for state institutions and agencies, including key judiciary and local administrative posts. The two parties are committed to early reform of the Civil Service Commission.

• Enabling broad participation of meritorious personalities and personnel of the country at various levels of the system, using these opportunities for securing enduring peace and stability and building a healthy administration.

D. Creation of the position of leader of the runner-up team

In line with the Joint Declaration of 17 Asad 1393 (August 8, 2014) and its annex, and with the goal of strengthening and expanding democracy, the position of the leader of the runner-up team, referred to in the mentioned document as the opposition leader, will be created and officially recognized within the framework of the government of the Islamic Republic of Afghanistan on the basis of a presidential decree. The responsibilities, authorities, and honors of this position will be spelled out in the decree. After the formation of the national unity government with the presence of the runner-up team on the basis of this agreement, this position will act as an ally of the national unity government.

E. Electoral reform

To ensure that future elections are fully credible, the electoral system (laws and institutions) requires fundamental changes. Immediately after the establishment of the government of national unity, the President will issue a decree to form a special commission for the reform of the electoral system in accordance with Article 7 of the Political Framework. Members of the special commission will be agreed between the President and the CEO. The special commission will report to the CEO on its progress and the Cabinet will review its recommendations and take the necessary steps for their implementation. The objective is to implement electoral reform before the 2015 parliamentary elections.

F. Implementation

Any divergence in views or dispute regarding the interpretation or application of this agreement shall be resolved through consultation between the parties.

The parties express appreciation for the role played by the international community in facilitating the political and technical agreements, and welcome the assurances the parties have received of its support for the implementation of this agreement and its engagement with the government of national unity.

G. Entry-into-force

Honoring their commitments to the Technical and Political Frameworks of July 12, 2014, and the Joint Declaration of August 8, 2014, as reflected throughout this agreement, the parties reaffirm their commitment regarding the outcome of the election and implementation of this agreement to establish the national unity government, which will enter into force upon signing by the two candidates in the presence of Afghan and international witnesses.

[signed] Dr. Mohammad Ashraf Ghani Ahmadzai Dr. Abdullah Abdullah

The foregoing signatures were witnessed by:

H.E. Jan Kubis, Special Representative of the Secretary General of the United Nations

H.E. James B. Cunningham, Ambassador of the United States of America

 

 

Annex (by AAN)

The articles of the constitution mentioned in the agreement are as follows

Article Fifty 
Ch. 2. Art. 29

The state is obliged to adopt necessary measures for creation of a strong and sound administration and realization of reforms in the administration system of the country after authorization by the National Assembly.

Government offices are bound to carry their work with full neutrality and incompliance with the provisions of law.

The citizens of Afghanistan have the right of access to the information from the government offices in accordance with the provisions of law.

This right has no limits, unless violation of the rights of the others.

The citizens of Afghanistan are employed for state services on the basis of qualification without any kind of discrimination and in accordance with law.

Article Sixty 
Ch. 3, Art. 1

The President is the head of state of the Islamic Republic of Afghanistan, and conducts his authorities in executive, legislative, and judiciary branches in accordance with the provisions of this Constitution.

The President shall have two Vice Presidents, one first and one second.

The candidate to the Presidency on his or her candidacy shall declare the name of the Vice Presidents to the nation.

The Vice President in the absence, resignation, and or death of the President, acts in accordance with the provisions of this constitution.

Article Sixty-Four 
Ch. 3, Art. 5

The power and duties of the President are as follows:

1. Supervising the implementation of the Constitution.

2. Determining the fundamental policies of the state with the approval of the National Assembly.

3. Being the Command-in-Chief of the armed forces of Afghanistan.

4. Declaration of war and ceasefire with the approval of the National Assembly.

5. Taking the required decision during defending of territorial integrity and protecting of the independence.

6. Sending contingents of the armed forces to foreign countries with the approval of the National Assembly.

7. Convening Loya Jirga except in a situation stated in Article Sixty-eight f this Constitution.

8. Declaring the state of emergency and ending it with the approval of the National Assembly.

9. Inaugurating the National Assembly and the Loya Jirga.

10. Accepting resignation of the Vice President.

11. Appointing of Ministers, the Attorney General, the Director of the Central Bank, Head of the National Security Directorate and the President of the Afghan Red Crescent Society with the approval of the Wolesi Jirga, and acceptance of their dismissal and resignation.

12. Appointing the head and members of the Supreme Court with the approval of the Wolesi Jirga.

13. Appointment, retirement and acceptance of resignation and dismissal of judges, officers of the armed forces, police, national security, and high ranking officials in accordance with the law.

14. Appointment of heads of diplomatic missions of Afghanistan in foreign countries and international organizations.

15. Accepting the credentials of diplomatic missions in Afghanistan.

16. Signing of laws and legislative decrees.

17. Issuing credential letter for the conclusion of bi-lateral and international treaties in accordance with the provisions of law.

18. Reducing and pardoning penalties in accordance with law.

19. Issuing medals, and honorary titles in accordance with the provision of law.

20. The establishment of commissions for the improvement of the administrative condition of the country, in accordance with law.

21. Exercising other authorities in accordance with the provisions of this Constitution.

Article Seventy one 
Ch. 4, Art. 1

The government consists of the ministers who work under the Chairmanship of the President.

Ministers are appointed by the President and shall be introduced for approval to the National Assembly.

Article One Hundred and ten 
Ch. 6. Art. 1

Loya Jirga is the highest manifestation of the people of Afghanistan.

Loya Jirga consists of the following:

1. Members of the National Assembly.

2. Chairpersons of the provincial, and district councils. The ministers, Chief Justice and members of the Supreme Court, can participate in the sessions of the Loya Jirga without the right to vote.

Article One Hundred and forty 
Ch. 8. Art. 5

In order to organize activities involving people and provide them with the opportunity to actively participate in the local administration, councils are set up in districts and villages in accordance with the provisions of the law.

Members of these councils are elected by the local people through, free, general, secret and direct elections for a period of three years.

The participation of nomads in these councils is regulated by law.

Article Seventy-seven 
Ch. 4, Art. 7

As heads of administrative units and members of the government, the ministers perform their duties within the limits determined by this Constitution and other laws. The Ministers are responsible to the President and the Wolesi Jirga for their particular duties.

Article Seven 
Ch. 1, Art. 7

The state shall abide by the UN charter, international treaties, international conventions that Afghanistan has signed, and the Universal Declaration of Human Rights.

The state prevents all types of terrorist activities, production and consumption of intoxicants (muskirat), production and smuggling of narcotics.

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