20231008 Cong Dong Tham Luan Geneva Agreements 20 July 1954
Agreement on the Cessation of Hostilities in Viet-Nam 20 July 1954
Geneva Agreements 20-21 July 1954
https://peacemaker.un.org/sites/peacemaker.un.org/files/KH-LA-VN_540720_GenevaAgreements.pdf
Geneva Agreements 20-21 July 1954
Agreement on the Cessation of Hostilities in Viet-Nam 20
July 1954
CHAPTER I
Provisional Military Demarcation Line and
Demilitarized Zone
Article 1
A provisional military demarcation line shall be
fixed, on either side of which the forces of the two parties shall be regrouped
after their withdrawal, the forces of the People's Army of Viet-Nam to the
north of the line and the forces of the French Union to the south.
The provisional military demarcation line is fixed as
shown on the map attached (see Map No. 1).
It is also agreed that a demilitarized zone shall be
established on either side of the demarcation line, to a width of not more than
5 Kms. from it, to act as a buffer zone and avoid any incidents which might
result in the resumption of hostilities.
Article 2
The period within which the movement of all the forces
of either party into its regrouping zone on either side of the provisional
military demarcation line shall be completed shall not exceed three hundred
(300) days from the date of the present Agreement's entry into force.
Article 3
When the provisional military demarcation line
coincides with a waterway, the waters of such waterway shall be open to civil
navigation by both parties wherever one bank is controlled by one party and the
other bank by the other party. The Joint Commission shall establish rules of navigation
for the stretch of waterway in question. The merchant shipping and other
civilian craft of each party shall have unrestricted access to the land under
its military control.
Article 4
The provisional military demarcation line between the
two final regrouping zones is extended into the territorial waters by a line
perpendicular to the general line of the coast.
All coastal islands north of this boundary shall be
evacuated by the armed forces of the French Union, and all islands south of it
shall be evacuated by the forces of the People's Army of Viet-Nam.
Article 5
To avoid any incidents which might result in the
resumption of hostilities, all military forces, supplies and equipment shall be
withdrawn from the demilitarized zone within twenty-five (25) days of the
present Agreement's entry into force.
Article 6
No person, military or civilian, shall be permitted to
cross the provisional military demarcation line unless specifically authorized
to do so by the Joint Commission.
Article 7
No person, military or civilian, shall be permitted to
enter the demilitarized zone except persons concerned with the conduct of civil
administration and relief and persons specifically authorized to enter by the
Joint Commission.
Article 8
Civil administration and relief in the demilitarized
zone on either side of the provisional military demarcation line shall be the
responsibility of the Commanders-in-Chief of the two parties in their respective
zones. The number of persons, military or civilian, from each side who are
permitted to enter the demilitarized zone for the conduct of civil
administration and relief shall be determined by the respective Commanders, but
in no case shall the total number
authorized by either side exceed at any one time a
figure to be determined by the Trung Gia military Commission or by the Joint
Commission. The number of civil police and the arms to be carried by them shall
be determined by the Joint Commission. No one else shall carry arms unless
specifically authorized to do so by the Joint Commission.
Article 9
Nothing contained in this chapter shall be construed
as limiting the complete freedom of movement, into, out of or within the
demilitarized zone, of the Joint Commission, its joint groups, the
International Commission to be set up as indicated below, its inspection teams
and any other persons, supplies or equipment specifically authorized to enter
the demilitarized zone by the Joint Commission. Freedom of movement shall be
permitted across the territory under the military control of either side over
any road or waterway which has to be taken between points within the
demilitarized zone when such points are not connected by roads or waterways
lying completely within the demilitarized zone.
CHAPTER II
Principles and Procedure Governing Implementation of
the Present Agreement
Article 10
The Commanders of the Forces on each side, on the one
side the Commander-in-Chief of the French Union forces in Indo-China and on the
other side the Commander-in-Chief of the People's Army of Viet-Nam, shall order
and enforce the complete cessation of all hostilities in Viet-Nam by all armed
forces under their control, including all units and personnel of the ground,
naval and air forces.
Article 11
In accordance with the principle of a simultaneous
cease-fire throughout Indo-China, the cessation of hostilities shall be
simultaneous throughout all parts of Viet-Nam, in all areas of hostilities and
for all the forces of the two parties.
Taking into account the time effectively required to
transmit the cease-fire order down to the lowest echelons of the combatant
forces on both sides, the two parties are agreed that the cease-fire shall take
effect completely and simultaneously for the different sectors of the country
as follows:
Northern Viet-Nam at 8.00 a.m. (local time) on 27 July
1954
Central Viet-Nam at 8.00 a.m. (local time) on 1 August
1954
Southern Viet-Nam at 8.00 a.m. (local time) on 11
August 1954
It is agreed that Pekin mean time shall be taken as
local time.
From such time as the cease-fire becomes effective in
Northern Viet-Nam, both parties undertake not to engage in any large-scale
offensive action in any part of the Indo-Chinese theatre of operations and not
to commit the air forces based on Northern Viet-Nam outside that sector. The
two parties also undertake to inform each other of their plans for movement
from one regrouping zone to another within twenty-five (25) days of the present
Agreement's entry into force.
Article 12
All the operations and movements entailed in the
cessation of hostilities and regrouping must proceed in a safe and orderly
fashion:
(a) Within a certain number of days after the
cease-fire Agreement shall have become effective, the number to be determined
on the spot by the Trung Gia Military Commission, each party shall be
responsible for removing and neutralizing mines (including river- and
sea-mines), booby traps, explosives and any other dangerous substances placed
by it. In the event of its being impossible to complete the work of removal and
neutralization in time, the party concerned shall mark the spot by placing
visible signs there. All demolitions, mine fields, wire entanglements and other
hazards to the free movement of the personnel of the Joint Commission and its
joint groups, known to be present after the withdrawal of the military forces,
shall be reported to the Joint Commission by the Commanders of the opposing
forces;
(b) From the time of the cease-fire until regrouping
is completed on either side of the demarcation line:
(1) The forces of either party shall be provisonally
withdrawn from the provisional assembly areas assigned to the other party.
(2) When one party's forces withdraw by a route (road,
rail, waterway, sea route) which passes through the territory of the other
party (see Article 24), the latter party's forces must provisionally withdraw
three kilometres on each side of such route, but in such a manner as to avoid
interfering with the movements of the civil population.
Article 13
From the time of the cease-fire until the completion
of the movements from one regrouping zone into the other, civil and military
transport aircraft shall follow air-corridors between the provisional assembly
areas assigned to the French Union forces north of the demarcation line on the
one hand and the Laotian frontier and the regrouping zone assigned to the
French Union forces on the other hand.
The position of the air-corridors, their width, the
safety route for single-engined military aircraft transferred to the south and
the search and rescue procedure for aircraft in distress shall be determined on
the spot by the Trung Gia Military Commission.
Article 14
Political and administrative measures in the two regrouping
zones on either side of the provisional military demarcation line:
(a) Pending the general elections which will bring
about the unification of Viet-Nam, the conduct of civil administration in each
regrouping zone shall be in the hands of the party whose forces are to be
regrouped there in virtue of the present Agreement;
(b) Any territory controlled by one party which is
transferred to the other party by the regrouping plan shall continue to be
administered by the former party until such date as all the troops who are to
be transferred have completely left that territory so as to free the zone
assigned to the party in question. From then on, such territory shall be
regarded as transferred to the other party, who shall assume responsibility for
it.
Steps shall be taken to ensure that there is no break
in the transfer of responsibilities. For this purpose, adequate notice shall be
given by the withdrawing party to the other party, which shall make the
necessary arrangements, in particular by sending administrative and police
detachments to prepare for the assumption of administrative responsibility. The
length of such notice shall be determined by the Trung (lie Military
Commission. The transfer shall be effected in successive
stages for the various territorial sectors.
The transfer of the civil administration of Hanoi and
Haiphong to the authorities of the Democratic Republic of Viet-Nam shall be
completed within the respective time-limits laid down in Article 15 for
military movements.
(c) Each party undertakes to refrain from any
reprisals or discrimination against persons or organizations on account of
their activities during the hostilities and to guarantee their democratic
liberties.
(d) From the date of entry into force of the present Agreement
until the movement of troops is completed, any civilians residing in a district
controlled by one party who wish to go and live in the zone assigned to the
other party shall be permitted and helped to do so by the authorities in that
district.
Article 15
The disengagement of the combatants, and the
withdrawals and transfers of military forces, equipment and supplies shall take
place in accordance with the following principles:
(a) The withdrawals and transfers of the military
forces, equipment and supplies of the two parties shall be completed within
three hundred (300) days, as laid down in Article 2 of the present Agreement;
(b) Within either territory successive withdrawals
shall be made by sectors, portions of sectors or provinces. Transfers from one
regrouping zone to another shall be made in successive monthly instalments
proportionate to the number of troops to be transferred;
(c) The two parties shall undertake to carry out all
troop withdrawals and transfers in accordance with the aims of the present
Agreement, shall permit no hostile act and shall take no step whatsoever which
might hamper such withdrawals and transfers. They shall assist one another as
far as this is possible;
(d) The two parties shall permit no destruction or sabotage
of any public property and no injury to the life and property of the civil
population. They shall permit no interference in local civil administration;
(e) The Joint Commission and the International
Commission shall ensure that steps are taken to safeguard the forces in the
course of withdrawal and transfer
(f) The Trung Gia Military Commission, and later the
Joint Commission, shall determine by common agreement the exact procedure for
the disengagement of the combatants and for troop withdrawals and transfers, on
the basis of the principles mentioned above and within the framework laid down
below:
1. The disengagement of the combatants, including the
concentration of the armed forces of all kinds and also each party's movements
into the provisional assembly areas assigned to it and the other party's
provisional withdrawal from it, shall be completed within a period not exceeding
fifteen (15) days after the date when the cease-fire becomes effective.
The general delineation of the provisional assembly
areas is set out in the maps annexed to the present Agreement.
In order to avoid any incidents, no troops shall be
stationed less than 1,500 metros from the lines delimiting the provisional
assembly areas.
During the period until the transfers are concluded,
all the coastal islands west of the following lines shall be included in the
Haiphong perimeter:
- meridian of the southern point of Kebao Island
- northern coast of Ile Rousse (excluding the island),
extended as far as the meridian of Campha-Mines
- meridian of Campha-Mines.
2. The withdrawals and transfers shall be effected in
the following and within the following periods (from the date of the entry into
force of the present Agreement):
Forces of the French Union
Hanoi perimeter - 80 days
Haiduong perimeter - 100 days
Haiphong perimeter - 300 days
Forces of the People's Army of Viet-Nam
Ham Tan and Xuyen Moc provisional assembly area - 80
days
Central Viet-Nam provisional assembly area - first
instalment- 80 days
Plaine des Jones provisional assembly area-100 days
Central Viet-Nam provisional assembly area - second
instalment-100 days
Point Camau provisional assembly area- 200 days
Central Viet-Nam provisions 1 assembly area - last
instalment- 300 days
CHAPTER III
Ban on the Introduction of Fresh Troops, Military
Personnel, Arms, and Munitions.
Military Bases
Article 16
With effect from the date of entry into force of the
present Agreement, the introduction into Viet-Nam of any troop reinforcements
and additional military personnel is prohibited.
It is understood, however, that the rotation of units
and Groups of personnel, the arrival in Viet-Nam of individual personnel onto
temporary duty basis end tithe return to Viet-Nam of individual personnel after
short periods of leave or temporary duty outside Viet-Nam shall be permitted
under the conditions laid down below:
(a) Rotation of units (defined in paragraph (c) of
this Article) and groups of personnel shall not be permitted for French Union
troops stationed north of the provisional military demarcation line laid down
in Article l of the present Agreement, during the withdrawal period provided
for in Article 2
However, under the heading of individual personnel not
more than fifty (50) men, including officers, shall during any one month be
permitted to enter that part of the country north of the provisional military
demarcation line on a temporary duty basis or to return there after short periods
of leave or temporary duty outside Viet-Nam.
(b) "Rotation" is defined as the replacement
of units or groups of personnel by other units of the same echelon or by
personnel who are arriving in Viet-Nam territory to do their overseas service
there;
(c) The units rotated shall never be larger than a
battalion-or the corresponding echelon for air and naval forces;
(d) Rotation shall be conducted on a man-for-man
basis, provided, however, that in any one quarter neither party shall introduce
more than fifteen thousand five hundred (15,500) members of its armed forces
into Viet-Nam under the rotation policy.
(e) Rotation units (defined in paragraph (c) of this
Article) and groups of personnel, and the individual personnel mentioned in
this Article, shall enter and leave Viet-Nam only through the entry points
enumerated in Article 20 below;
(f) Each party shall notify the Joint Commission and
the International Commission at least two days in advance of any arrivals or
departure of units, groups of personnel and individual personnel in or from
Viet-Nam. Reports on the arrivals or departures of units, groups of personnel
and individual personnel in or from Viet-Nam shall be submitted daily to the
Joint Commission and the International Commission.
All the above-mentioned notifications and reports
shall indicate the places and dates of arrival or departure and the number of
persons arriving or departing;
(g) The International Commission, through its
Inspection Teams, shall supervise and inspect the rotation of units and groups
of personnel and the arrival and departure of individual personnel as
authorized above, at the points of entry enumerated in Article 20 below.
Article 17
(a) With effect from the date of entry into force of
the present Agreement, the introduction into Viet-Nam of any reinforcements in
the form of all types of arms, munitions and other war material, such as combat
aircraft, naval craft, pieces of ordnance, jet engines and jet weapons and armoured
vehicles, is prohibited
(b) It is understood, however, that war material, arms
and munitions which have been destroyed, damaged, worn out or used up after the
cessation of hostilities may be replaced on the basis of piece-for-piece of the
same type and with similar characteristics. Such replacements of war material,
arms and munitions shall not be permitted for French Union troops stationed
north of the provisional military demarcation line laid down in article 1 of
the present Agreement, during the withdrawal period provided for in Article 2.
Naval craft may perform transport operations between
the regrouping zones.
(c) The war material, arms and munitions for
replacement purposes provided for in paragraph (b) of this Article, shall be
introduced into Viet-Nam only through the points of entry enumerated in Article
20 below. War material, arms and munitions to be replaced shall be shipped from
Viet-Nam only through the points of entry enumerated in Article 20 below;
(d) Apart from the replacements permitted within the
limits laid down in paragraph (b) of this Article, the introduction of war
material, arms and munitions of all types in the form of unassembled parts for
subsequent assembly is prohibited;
(e) Each party shall notify the Joint Commission and
the International Commission at least two days in advance of any arrivals or
departures which may take place of war material, arms and munitions of all types.
In order to justify the requests for the introduction
into Viet-Nam of arms, munitions and other war material (as defined in
paragraph (a) of this Article) for replacement purposes, a report concerning
each incoming shipment shall be submitted to the Joint Commission and the International
Commission. Such reports shall indicate the use made of the items so replaced;
(f) The International Commission, through its
Inspection Teams, shall supervise and inspect the replacements permitted in the
circumstances laid down in this Article, at the points of entry enumerated in
Article 20 below.
Article 18
With effect from the date of entry into force of the
present Agreement, the establishment of new military bases is prohibited
throughout Viet-Nam territory.
Article 19
With effect from the date of entry into force of the
present Agreement, no military base under the control of a foreign State may be
established in the re-grouping zone of either party;
the two parties shall ensure that the zones assigned
to them do not adhere to any military alliance and are not used for the
resumption of hostilities or to further an aggressive policy.
Article 20
The points of entry into Viet-Nam for rotation
personnel and replacements of material are fixed as follows:
-Zones to the north of the provisional military
demarcation line: Laokay, Langson, Tien-Yen, Haiphong, Vinh, Dong-Hoi,
Muong-Sen;
-Zone to the south of the provisional military
demarcation line: Tourane, Quinhon, Nhatrang, Bangoi, Saigon, Cap St. Jacques,
Tan Chau.
CHAPTER IV
Prisoners of War and Civilian Internees
Article 21
The liberation and repatriation of all prisoners of
war and civilian internees detained by each of the two parties at the coming
into force of the present Agreement shall be carried out under the following
conditions:
(a) All prisoners of war and civilian internees of
Viet-Nam, French and other nationalities captured since the beginning of
hostilities in Viet-Nam during military operations or in any other circumstances
of war and in any part of the territory of Viet-Nam shall be liberated within a
period of thirty (30) days after the date when the cease-fire becomes effective
in each theatre.
(b) The term "civilian internees" is
understood to mean all persons who, having in any way contributed to the
political and armed struggle between the two parties, have been arrested for that
reason and have been kept in detention by either party during the period of
hostilities.
(c) All prisoners of war and civilian internees held
by either party shall be surrendered to the appropriate authorities of the
other party, who shall give them all possible assistance in proceeding to their
country of origin, place of habitual residence or the zone of their choice.
CHAPTER V
Miscellaneous
Article 21
In cases in which the place of burial is known and the
existence of graves has been established, the Commander of the Forces of either
party shall, within a specific period after the entry into force of the
Armistice Agreement, permit the graves service personnel of the other party to
enter the part of Viet-Nam territory under their military control for the
purpose of finding and removing the bodies of deceased military personnel of
that party, including the bodies of deceased prisoners of war. The Joint Commission
shall determine the procedures and the time limit for the performance of this
task. The Commanders of the Forces of the two parties shall communicate to each
other all information in their possession as to the place of burial of military
personnel of the other party.
Article 22
The Commanders of the Forces of the two parties shall
ensure that persons under their respective commands who violate any of the
provisions of the present Agreement are suitably punished.
Article 24
The present Agreement shall apply to all the armed
forces of either party. The armed forces of each party shall respect the
demilitarized zone and the territory under the military control of the other
party, and shall commit no act and undertake no operation against the other
party and shall not engage in blockade of any kind in Viet-Nam.
For the purposes of the present Article, the word
"territory" includes territorial waters and air space.
Article 25
The Commanders of the Forces of the two parties shall
afford full protection and all possible assistance and co-operation to the
Joint Commission and its joint groups and to the International Commission and
its inspection teams in the performance of the functions and tasks assigned to them
by the present Agreement.
Article 26
The costs involved in the operations of the Joint
Commission and joint groups and of the International Commission and its
Inspection Teams shall be shared equally between the two parties.
Article 27
The signatories of the present Agreement and their successors
in their functions shall be responsible for ensuring the observance and
enforcement of the terms and provisions thereof.
The Commanders of the Forces of the two parties shall,
within their respective commands, take all steps and make all arrangements
necessary to ensure full compliance with all the provisions of the present
Agreement by all elements and military personnel under their command.
The procedures laid down in the present Agreement
shall, whenever necessary, be studied by the Commanders of the two parties and,
if necessary, defined more specifically by the Joint Commission.
CHAPTER VI
Joint Commission and International Commission for
Supervision and Control in Viet-Nam
Article 28.
Responsibility for the execution of the agreement on
the cessation of hostilities shall rest
with the parties.
Article 29.
An International Commission shall ensure the control
and supervision of this execution.
Article 30.
In order to facilitate, under the conditions shown
below, the execution of provisions concerning joint actions by the two parties
a Joint Commission shall be set up in Viet-Nam.
Article 31.
The Joint Commission shall be composed of an equal
number of representatives of the Commanders of the two parties.
Article 32.
The Presidents of the delegations to the Joint
Commission shall hold the rank of General, The Joint Commission shall set up
joint groups the number of which shall be determined by mutual agreement
between the parties. The joint groups shall be composed of an equal number of officers
from both parties. Their location on the demarcation line between the
re-grouping zones shall be determined by the parties whilst taking into account
the powers of the Joint Commission.
Article 33.
The Joint Commission shall ensure the execution of the
following provisions of the Agreement on the cessation of hostilities:
(a) A simultaneous and general cease-fire in Viet-Nam
for all regular and irregular armed forces of the two parties.
(b) A re-groupment of the armed forces of the two
parties.
(c) Observance of the demarcation lines between the
re-grouping zones and of the demilitarized sectors.
Within the limits of its competence it shall help the
parties to execute the said provisions, shall ensure liaison between them for
the purpose of preparing and carrying out plans for the application of these
provisions, and shall endeavour to solve such disputed questions as may arise
between the parties in the course of executing these provisions.
Article 34.
An International Commission shall be set up for the
control and supervision of the application of the provisions of the agreement
on the cessation of hostilities in Viet-Nam. It shall be composed of
representatives of the following States: Canada, India and Poland.
It shall be presided over by the Representative of
India.
Article 35.
The International Commission shall set up fixed and
mobile inspection teams, composed of an equal number of officers appointed by
each of the above-mentioned States. The fixed teams shall be located at the
following points: Laokay, Langson, Tien-Yen, Hai-phong, Vinh, Dong-Hoi,
Muong-Sen, Tourane, Quinhon, Nha-trang, Ba-ngoi, Saigon, Cap St. Jacques, Tan-Chau.
These points of location may, at a later date, be
altered at the request of the Joint Commission, or of one of the parties, or of
the International Commission itself, by agreement between the International
Commission and the command of the party concerned. The zones of action of the mobile
teams shall be the regions bordering the land and sea frontiers of Viet-Nam,
the demarcation lines between the re-grouping zones and the demilitarized
zones. Within the limits of these zones they shall have the right to move
freely and shall receive from the local civil and military authorities all
facilities they may require for the fulfilment of their tasks (provision of personnel,
placing at their disposal documents needed for supervision, summoning witnesses
necessary for holding enquiries, ensuring the security and freedom of movement
of the inspection teams, etc.). They shall have at their disposal such modern
means of transport, observation and communication as they may require.
Beyond the zones of action as defined above, the
mobile teams may, by agreement with the command of the party concerned, carry
out other movements within the limits of the tasks given them by the present
agreement.
Article 36.
The International Commission shall be responsible for
supervising the proper execution by the parties of the provisions of the
agreement. For this purpose it shall fulfil the tasks of control, observation
inspection and investigation connected with the application of the provisions
of the agreement on the cessation of hostilities, and it shall in particular:
(a) Control the movement of the armed forces of the
two parties effected within the framework of the regroupment plan.
(b) Supervise the demarcation lines between the
regrouping areas, and also the demilitarized zones.
(c) Control the operations of releasing prisoners of
war and civilian Internees.
(d) Supervise at ports and airfields as well as along
all frontiers of Viet-Nam the execution of the provisions of the agreement on
the cessation of hostilities, regulating the introduction into the country of
armed forces, military personnel and of all kinds of arms, munitions and war
material.
Article 37.
The International Commission shall, through the medium
of the inspection teams mentioned above, and as soon as possible either on its
own initiative, or at the request of the Joint Commission, or of one of the
parties, undertake the necessary investigations both documentary and on the
ground.
Article 38.
The inspection teams shall submit to the International
Commission the results of their supervision, their investigation and their
observations, furthermore they shall draw up such special reports as they may
consider necessary or as may be requested from them by the Commission. In the
case of a disagreement within the teams, the conclusions of each member shall
be submitted to the Commission.
Article 39.
If any one inspection team is unable to settle an
incident or considers that there is a violation or a threat of a serious
violation the International Commission shall be informed; the latter shall study
the reports and the conclusions of the inspection teams and shall inform the
parties of the measures which should be taken for the settlement of the
incident, ending of the violation or removal of the threat of violation.
Article 40.
When the Joint Commission is unable to reach an
agreement on the interpretation to be given to some provision or on the
appraisal of a fact, the International Commission shall be informed of the
disputed question. Its recommendations shall be sent directly to the parties
and shall be notified to the Joint Commission.
Article 41.
The recommendations of the International Commission
shall be adopted by majority vote, subject to the provisions contained in
article 42. If the votes are divided the chairman's vote shall be decisive.
The International Commission may formulate recommendations
concerning amendments and additions which should be made to the provisions of
the agreement on the cessation of hostilities in Viet-Nam, in order to ensure a
more effective execution of that agreement. These recommendations shall be
adopted unanimously.
Article 42.
When dealing with questions concerning violations, or
threats of violations, which might lead to a resumption of hostilities, namely:
(a) Refusal by the armed forces of one party to effect
the movements provided for in the regroupment plan;
(b) Violation by the armed forces of one of the
parties of the regrouping zones, territorial waters, or air space of the other
party; the decisions of the International Commission must be unanimous.
Article 43.
If one of the parties refuses to put into effect a
recommendation of the International Commission, the parties concerned or the
Commission itself shall inform the members of the Geneva Conference.
If the International Commission does not reach
unanimity in the cases provided for in article 42, it shall submit a majority
report and one or more minority reports to the members of the Conference.
The International Commission shall inform the members
of the Conference in all cases where its activity is being hindered.
Article 44.
The International Commission shall be set up at the
time of the cessation of hostilities in Indo-China in order that it should be
able to fulfil the tasks provided for in article 36.
Article 45.
The International Commission for Supervision and
Control in Viet-Nam shall act in close co-operation with the International
Commissions for Supervision and Control in Cambodia and Laos.
The Secretaries-General of these three Commissions
shall be responsible for co-ordinating their work and for relations between
them.
Article 46.
The International Commission for Supervision and
Control in Viet-Nam may, after consultation with the International Commissions
for Supervision and Control in Cambodia and Laos, and having regard to the
development of the situation in Cambodia and Laos, progressively reduce its
activities. Such a decision must be adopted unanimously.
Article 47.
All the provisions of the present Agreement, save the
second sub-paragraph of Article 11, shall enter into force at 2400 hours
(Geneva time) on 22 July 1954.
Done in Geneva at 2400 hours on the 20th of July 1954
in French and in Viet-Namese, both texts being equally authentic.
Annex to the Agreement on the Cessation of
Hostilities in Viet-Nam
I. Delineation of the provisional military demarcation
line and the demilitarized zone (Article 1 of the Agreement; reference map:
Indo-China 1/100,000 1)
(a) The provisional military demarcation line is fixed
as follows, reading from east to west: the mouth of the Song Ben Hat (Cue Tung
River) and the course of that river (known as the Rao Thanh in the mountains)
to the village of Bo Ho Su, then the parallel of Bo Ho Su to the Laos-Viet-Nam
frontier.
(b) The dimilitarized zone shall be delimited by Trung
Gia Military Commission in accordance-with the provisions of article 1 of the
Agreement on the cessation of hostilities in Viet-Nam.
II. General delineation of the provisional assembly
areas (Article 15 of the Agreement; reference maps: Indo-China 1/400,000)
(a) NORTH VIET-NAM
Delineation of the boundary of the provisional
assembly area of the French Union forces
1. The perimeter of Hanoi is delimited by the arc of a
circle with a radius of 15 kilometres, having as its centre the right bank
abutment of Doumer Bridge and running westwards from the Red River to the
Rapids Canal in the north-east.
In this particular case no forces of the French Union
shall be stationed less than 2 kilometres from this perimeter, on the inside thereof.
2. The perimeter of Haiphong shall be delimited by the
Song-Van-Uc as far as Kim Thanh and a line running from the Song-Van-Uc three
kilometres north-east of Kim Thanh to cut Road No. 18 two kilometres east of
Mao-Khe. Thence a line running three kilometres north of Road 18 to Cho-Troi
and a straight line from Cho-Troi to the Mong-Duong ferry.
3. A corridor contained between:
In the south, the Red River from Thanh-Tri to
Bang-Nho, thence a line joining the latter point to Do-My (southwest of Kesat),
Gia-Loc and Tien Kieu;
In the north, a line running along the Rapids Canal at
a distance of 1,500 metres to the north of the Canal, passing three kilometres
north of Pha-Lai and Seven Pagodas and thence parallel to Road No. 18 to its
point of intersection with the perimeter of Haiphong.
NOTE: Throughout the period of evacuation of the
perimeter of Hanoi, the river forces of the French Union shall enjoy complete
freedom of movement on the Song-Van-Uc. And the forces of the People's Army of
Viet-Nam shall withdraw three kilometres south of the south bank of the Song-Van-Uc.
Boundary between the perimeter of Hanoi and the
perimeter of Hai-Duong
A straight line running from the Rapids Canal three
kilometres west of Chi-ne and ending at Do-My (eight kilometres south-west of
Kesat).
(b) CENTRAL VIET-NAM
Delineation of the boundary of the provisional
assembly area of the forces of the Viet-Nam People's Army south of the Col des
Nuages parallel
The perimeter of the Central Viet-Nam area shall
consist of the administrative boundaries of the provinces of Quang-Ngai and
Binh-Dinh as they were defined before the hostilities.
(c) SOUTH VIET-NAM
Three provisional assembly areas shall be provided for
the forces of the People's Army of Viet-Nam.
The boundaries of these areas are as follows:
1. Xuyen-Moc, Ham-Tan Area
Western boundary: The course of the Song-Ray extended
northwards as far as Road No. 1 to a point thereon eight kilometres east of the
intersection of Road No. 1 and Road No. 3.
Northern boundary: Road No. 1 from the above-mentioned
intersection to the intersection with Route Communale No. 9 situated 27
kilometres west-south-west of Phanthiet and from that intersection a straight
line to Kim Thanh on the coast.
2. Plaine des Jones Area
Northern boundary: The Viet-Nam Cambodia frontier.
Western boundary: A straight line from Tong-Binh to
Binh-Thanh.
Southern boundary: Course of the Fleuve Anterieur
(Mekong) to ten kilometres south-east of Cao Lanh. From that point, a straight
line as far as Ap-My-Dien, and from Ap-My-Dien a line parallel to and three
kilometres east and then south of the Tong Doc-Loc Canal, this line reaches My-Hanh-Dong
and thence Hung-Thanh-My.
Eastern boundary: A straight line from Hung-Thanh-My
running northwards to the Cambodian frontier son, Doi-Bao-Voi.
3. Point Ca Mau Area
Northern boundary: The Song-Cai-lon from its mouth to
its junction with the Rach-Nuoc-Trong, thence the Rach-Nuoc-Trong to the bend
five kilometres north-east of Ap-Xeo-La.
Thereafter a line to the Ngan-Dua Canal and following
that Canal as far as Vinh-Hung. Finally, from Vinh-Hung a north-south line to
the sea.
Agreement on the Cessation of Hostilities in Cambodia 20
July 1954
CHAPTER I
Principles and Conditions Governing Execution of the
Cease- Fire
Article 1
As from twenty-third July 1954 at 0800 hours (Pekin
mean time) complete cessation of all hostilities throughout Cambodia shall be
ordered and enforced by the Commanders of the Armed Forces of the two parties
for all troops and personnel of the land, naval and air forces under their control.
Article 2
In conformity with the principle of a simultaneous
cease-fire throughout Indo-China, there shall be a simultaneous cessation of
hostilities throughout Cambodia, in all the combat areas and for all the forces
of the two parties.
To obviate any mistake or misunderstanding and to
ensure that both the ending of hostilities and all other operations arising
from cessation of hostilities are in fact simultaneous,
(a) due allowance being made for the time actually
required for transmission of the cease-fire order down to the lowest echelons
of the combatant forces of both sides, the two parties are agreed that the
complete and simultaneous cease-fire throughout the territory of Cambodia shall
become effective at 8 hours (local time) on 7 August 1954. It is agreed that
Pekin mean time shall be taken as local time.
(b) Each side shall comply strictly with the
time-table jointly agreed upon between the parties for the execution of all
operations connected with the cessation of hostilities.
Article 3
All operations and movements connected with the
execution of the cessation of hostilities must be carried in a safe and orderly
fashion.
(a) Within a number of days to be determined by the
Commanders of both sides, after the cease-fire has been achieved, each party
shall be responsible for removing and neutralizing mines, booby traps,
explosives and any other dangerous devices placed by it. Should it be impossible
to complete removal and neutralization before departure, the party concerned
will mark the spot by placing visible signs. Sites thus cleared of mines and
any other obstacles to the
free movement of the personnel of the International
Commission and the Joint Commission shall be notified to the latter by the
local military Commanders.
(b) Any incidents that may arise between the forces of
the two sides and may result from mistakes or misunderstandings shall be
settled on the spot so as to restrict their scope.
(c) During the days immediately preceding the
cease-fire each party undertakes not to engage in any large-scale operation
between the time when the Agreement on the cessation of hostilities is signed
at Geneva and the time when the cease-fire comes into effect.
CHAPTER II
Procedure for the Withdrawal of the Foreign Armed Forces
and Foreign Military Personnel from the Territory of Cambodia
Article 4
1. The withdrawal outside the territory of Cambodia
shall apply to:
(a) the armed forces and military combatant personnel
of the French Union:
(b) the combatant formations of all types which have
entered the territory of Cambodia from other countries or regions of the
peninsula:
(c) all the foreign elements (or Cambodians not
natives of Cambodia) in the military formations of any kind or holding
supervisory functions in all political or military, administrative, economic or
social bodies, having worked in liaison with the Viet-Nam military units.
2. The withdrawals of the forces and elements referred
to in the foregoing paragraphs and their military supplies and materials must
be completed within 90 days reckoning from the entry into force of the present
Agreement.
3. The two parties shall guarantee that the
withdrawals of all the forces will be effected in accordance with the purposes
of the Agreement, and that they will not permit any hostile action or take any
action likely to create difficulties for such withdrawals. They shall assist
one another as far as possible.
4. While the withdrawals are proceeding, the two
parties shall not permit any destruction or sabotage of public property or any
attack on the life or property of the civilian population. They shall not
permit any interference with the local civil administration.
5. The Joint Commission and the International
Supervisory Commission shall supervise the execution of measures to ensure the
safety of the forces during withdrawal.
6. The Joint Commission in Cambodia shall determine
the detailed procedures for the withdrawals of the forces on the basis of the
above-mentioned principles.
CHAPTER III.
Other Questions
A. The Khmer armed forces, natives of Cambodia Article
5 The two parties shall undertake that within thirty days after the cease-fire
order has been proclaimed, the Khmer Resistance Forces shall be demobilized on
the spot; simultaneously, the troops of the Royal Khmer Army shall abstain from
taking any hostile action against the Khmer Resistance Forces.
Article 6
The situation of these nationals shall be decided in
the light of the Declaration made by the Delegation of Cambodia at the Geneva
Conference, reading as follows:
"The Royal Government of Cambodia, In the desire
to ensure harmony and agreement among the peoples of the Kingdom Declares
itself resolved to take the necessary measures to integrate all citizens,
without discrimination, into the national community and to guarantee them the
enjoyment of the rights and freedoms for which the Constitution of the Kingdom
provides;
Affirms that all Cambodian citizens may freely
Participate as electors or candidates in general elections by secret
ballot."
No reprisals shall be taken against the said nationals
or their families, each national being entitled to the enjoyment, without any
discrimination as compared with other nationals, of all constitutional
guarantees concerning the protection of person and property and democratic freedoms.
Applicants therefor may be accepted for service in the
Regular Army or local police formations if they satisfy the conditions required
for current recruitment of the Army and Police Corps.
The same procedure shall apply to those persons who
have returned to civilian life and who may apply for civilian employment on the
same terms as other nationals.
B. Ban on the Introduction of Fresh Troops, Military
Personnel, Armaments and Munitions.
Military Bases
Article 7
In accordance with the Declaration made by the
Delegation of Cambodia at 2400 hours on 20 July 1954 at the Geneva Conference
of Foreign Ministers:
"The Royal Government of Cambodia will not join
in any agreement with other States, if this agreement carries for Cambodia the
obligation to enter into a military alliance not in conformity with the
principles of the Charter of the United Nations or with the principles of the
agreements on the cessation of hostilities, or, as long as its security is not
threatened, the obligation to establish bases on Cambodian territory for the
military forces of foreign powers.
"During the period which will elapse between the
date of the cessation of hostilities in Viet-Nam and that of the final
settlement of political problems in this country, the Royal Government of
Cambodia will not solicit foreign aid in war material, personnel or instructors
except for the purpose of the effective defence of the territory."
C. Civilian Internees and Prisoners of War.
Burial
Article 8
The liberation and repatriation of all civilian
internees and prisoners of war detained by each of the two parties at the
coming into force of the present Agreement shall be carried out under the
following conditions:
(a) All prisoners of war and civilian internees of
whatever nationality, captured since the beginning of hostilities in Cambodia
during military operations or in any other circumstances of war and in any part
of the territory of Cambodia shall be liberated after the entry into force of
the present Armistice Agreement
(b) The term "civilian internees" is
understood to mean all persons who, having in any way contributed to the
political and armed struggle between the two parties, have been arrested for that
reason or kept in detention by either party during the period of hostilities.
(c) All foreign prisoners of war captured by either
party shall be surrendered to the appropriate authorities of the other party,
who shall give them all possible assistance in proceeding to the destination of
their choice.
Article 9
After the entry into force of the present Agreement,
if the place of burial is known and the existence of graves has been
established, the Cambodian shall, within a specified period, authorize the
exhumation and removal of the bodies of deceased military personnel of the
other party, including the bodies of prisoners of war or personnel deceased and
buried on Cambodian territory.
The Joint Commission shall fix the procedures by which
this task is to be carried out and the time limit within which it must be
completed.
CHAPTER IV
Joint Commission and International Commission for
Supervision and Control in Cambodia
Article 10
Responsibility for the execution of the Agreement on
the cessation of hostilities shall rest with the parties.
Article 11
An International Commission shall be responsible for
control and supervision of the application of the provisions of the Agreement
on the cessation of hostilities in Cambodia.
It shall be composed of representatives of the
following States: Canada, India and Poland.
It shallbe presided over by the representative of
India. Its headquarters shall be at Phnom-Penh.
Article 12
The International Commission shall set up fixed and
mobile inspection teams, composed of an equal number of officers appointed by
each of the above-mentioned States.
The fixed teams shall be located at the following
points: Phnom-Penh, Kompong-Cham, Kratie, Svay-Rieng, Kampot.
These points of location may be altered at a later
date by agreement between the Government of Cambodia and the International
Commission.
The zones of action of the mobile teams shall be the
regions bordering on the land and sea frontiers of Cambodia. The mobile teams
shall have the right to move freely within the limits of their zones of action,
and they shall receive from the local civil and military authorities all facilities
they may require for the fulfilment of their tasks (provision of personnel,
access to documents needed for supervision, summoning of witnesses needed for enquiries,
security and freedom of movement of the inspection teams, etc.). They shall
have at their disposal such modern means of transport, observation and
communication as they may require.
Outside the zones of action defined above, the mobile
teams may, with the agreement of the Cambodian Commander, move about as
required by the tasks assigned to them under the present Agreement.
Article 13
The International Commission shall be responsible for
supervising the execution by the parties of the provisions of the present
Agreement. For this purpose it shall fully the functions of control,
observation, inspection and investigation connected with the implementation of
the provisions of the Agreement on the cessation of hostilities, and shall in
particular:
(a) control the withdrawal of foreign forces in
accordance with the provisions of the Agreement on the cessation of hostilities
and see that frontiers are respected;
(b) control the release of prisoners- of war and
civilian internees;
(c) supervise, at ports and airfields and along all
the frontiers of Cambodia, the application of the Cambodian declaration
concerning the introduction into Cambodia of military personnel and war
materials on grounds of foreign assistance.
Article 14
A Joint Commission shall be set up to facilitate the
implementation of the clauses relating to the withdrawal of foreign forces.
The Joint Commission may form joint groups the number
of which shall be decided by mutual agreement between the parties.
The Joint Commission shall facilitate the
implementation of the clauses of the Agreement on the cessation of hostilities
relating to the simultaneous and general cease-fire in Cambodia for all regular
and irregular armed forces of the two parties.
It shall assist the parties in the implementation of
the said clauses; it shall ensure liaison between them for the purpose of
preparing and carrying out plans for the implementation of the said clauses; it
shall endeavour to settle any disputes between the parties arising out of the implementation
of these clauses. The Joint Commission may send joint groups to follow the forces
in their movements; such groups shall be disbanded once the withdrawal plans
have been carried out.
Article 15
The Joint Commission shall be composed of an equal
number of representatives of the Commands of the parties concerned.
Article 16
The International Commission shall, through the medium
of the inspection teams mentioned above and as soon as possible, either on its
own initiative or at the request of the Joint Commission or of one of the
parties, undertake the necessary investigations both documentary and on the
ground.
Article 17
The inspection teams shall transmit to the
International Commission the results of their supervision, investigations and
observations; furthermore, they shall draw up such special reports as they may
consider necessary or as may be requested from them by the Commission. In the case
of a disagreement within the teams, the findings of each member shall be
transmitted to the Commission.
Article 18
If an inspection team is unable to settle an incident
or considers that there is a violation or threat of a serious violation, the
International Commission shall be informed, the Commission shall examine the
reports and findings of the inspection teams and shall inform the parties of
the measures to be taken for the settlement of the incident, ending of the
violation or removal of the threat of violation.
Article 19
When the Joint Commission is unable to reach agreement
on the interpretation of a provision or on the appraisal of a fact, the
International Commission shall be informed of the disputed question. Its
recommendations shall be sent directly to the parties and shall be notified to
the Joint Commission.
Article 20
The recommendations of the International Commission
shall be adopted by a majority vote, subject to the provisions of article 21.
If the votes are equally divided, the Chairman's vote shall be decisive.
The International Commission may make recommendations
concerning amendments and additions which should be made to the provisions of
the Agreement on the cessation of hostilities in Cambodia, in order to ensure
more effective execution of the said Agreement. These recommendations shall be
adopted unanimously.
Article 21
On questions concerning violations, or threats of
violations, which might lead to a resumption of hostilities, and in particular,
(a) refusal by foreign armed forces to effect the
movements provided for the withdrawal plan,
(b) violation or threat of violation of the country's
integrity by foreign armed forces, the decisions of the International
Commission must be unanimous.
Article 22
If one of the parties refuses to put a recommendation
of the International Commission into effect, the parties concerned or the
Commission itself shall inform the members of the Geneva Conference.
If the International Commission does not reach
unanimity in the cases provided for in article 21, it shall transmit a majority
report and one or more minority reports to members of the Conference.
The International Commission shall inform the members
of the Conference of all cases in which its work is being hindered.
Article 23
The International Commission shall be set up at the
time of the cessation of hostilities in Indo-China in order that it may be able
to perform the tasks prescribed in article 13.
Article 25
The International Commission for Supervision and
Control in Cambodia shall act in close cooperation with the International
Commissions in Viet-Nam and Laos.
The Secretaries-General of these three Commissions
shall be responsible for coordinating their work and for relations between
them.
Article 25
The International Commission for Supervision and
Control in Cambodia may, after consultation with the International Commissions
in Viet-Nam and in Laos, and having regard to the development of the situation
in Viet-Nam and in Laos, progressively reduce its activities.
Such a decision must be adopted unanimously.
CHAPTER V
Implementation
Article 26
The Commanders of the forces of the two parties shall
ensure that persons under their respective commands who violate any of the
provisions of the present Agreement are suitably punished.
Article 27
The present Agreement on the cessation of hostilities
shall apply to all the armed forces of either party.
Article 28
The Commanders of the forces of the two parties shall
afford full protection and all possible assistance and co-operation to the
Joint Commission and to the International Commission and its inspection teams
in the performance of their functions.
Article 29
The Joint Commission, composed of an equal number of
representatives of the Commands of the two parties, shall assist the parties in
the implementation of all the clauses of the Agreement on the cessation of
hostilities, ensure liaison between the two parties, draw up plans for the implementation
of the Agreement, and endeavour to settle any dispute arising out of the implementation
of the said clauses and plans.
Article 30
The costs involved in the operation of the Joint
Commission shall be shared equally between the two parties.
Article 31
The signatories of the present Agreement on the
cessation of hostilities and their successors in their functions shall be
responsible for the observance and enforcement of the terms and provisions
thereof. The Commanders of the forces of the two parties shall, within their
respective commands, take all steps and make all arrangements necessary to
ensure full compliance with all the provisions of the present Agreement by all
military personnel under their command.
Article 32
The procedures laid down in the present Agreement
shall, whenever necessary be examined by the Commands of the two parties and,
if necessary, defined more specifically by the Joint Commission.
Article 33
All the provisions of the present Agreement shall
enter into force at 00 hours (Geneva time) on 23 July 1954.
Done at Geneva on 20 July 1954.
Agreement on the Cessation of Hostilities in Laos 20
July 1954
CHAPTER I
Cease-Fire and Evacuation of Foreign Armed Forces and
Foreign Military Personnel
Article 1.
The Commanders of the armed forces of the parties in
Laos shall order and enforce the complete cessation of all hostilities in Laos
by all armed forces under their control, including all units and personnel of
the ground, naval and air forces.
Article 2.
In accordance with the principle of a simultaneous
cease-fire throughout Indo-China the cessation of hostilities shall be
simultaneous throughout the territory of Laos in all combat areas and for all
forces of the two parties.
In order to prevent any mistake or misunderstanding
and to ensure that both the cessation of hostilities and the disengagement and
movements of the opposing forces are in fact simultaneous,
(a) Taking into account the time effectively required
to transmit the cease-fire order down to the lowest echelons of the combatant
forces on both sides, the two parties are agreed that the complete and
simultaneous cease-fire throughout the territory of Laos shall become effective
at 8 hours local time on 6 August 1954. It is agreed that Pekin mean time shall
be taken as local time.
(b) The Joint Commission for Laos shall draw up a
schedule for the other operations resulting from the cessation of hostilities.
NOTE: The cease-fire
shall become effective 15 days after the entry into force of the present Agreement.
Article 3
All operations and movements entailed by the cessation
of hostilities and re-grouping must proceed in a safe and orderly fashion:
(a) Within a number of days to be determined on the
spot by the Joint Commission in Laos each party shall be responsible for
removing and neutralizing mines, booby traps, explosives and any other
dangerous substance placed by it. In the event of its being impossible to
complete the work of removal and neutralization in time, the party concerned
shall mark the spot by placing visible signs there.
(b) As regards the security of troops on the move
following the lines of communication in accordance with tile schedule
previously drawn up by the Joint Armistice Commission in Laos and the safety of
the assembly areas, detailed measures shall be adopted in each case by the
Joint Armistice Commission in Laos. In particular, while the forces of one
party are withdrawing by a line of communication passing through the territory
of the other party (road or waterways) the
forces of the latter party shall provisionally
withdraw two kilometres on either side of such line of communication, but in
such a manner as to avoid interfering with the movement of the civil population.
Article 4
The withdrawals and transfers of military forces,
supplies and equipment shall be effected in accordance with the following
principles:
(a) The withdrawals and transfers of the military
forces, supplies and equipment of the two parties shall be completed within a
period of 120 days from the day on which the Armistice Agreement enters into
force.
The two parties undertake to communicate their
transfer plans to each other, for information, within 25 days of the entry into
force of the present Agreement.
(b) The withdrawals of the Viet-Namese People's
Volunteers from Laos to Viet-Nam shall be effected by provinces. The position
of those volunteers who were settled in Laos before the hostilities shall form
the subject of a special convention.
(c) The routes for the withdrawal of the forces of the
French Union and Viet-Namese People's Volunteers in Laos from Laotian territory
shall be fixed on the spot by the Joint Commission.
(d) The two parties shall guarantee that the
withdrawals and transfers of all forces will be effected in accordance with the
purposes of this Agreement, and that they will not permit any hostile action or
take action of any kind whatever which might hinder such withdrawals or transfers.
The parties shall assist each other as far as possible.
(e) While the withdrawals and transfers of the forces
are proceeding, the two parties shall not permit any destruction or sabotage of
any public property or any attack on the life or property of the local civilian
population. They shall not permit any interference with the local civil administration.
(f) The Joint Commission and the International
Commission shall supervise the implementation of measures to ensure the safety
of the forces during withdrawal and transfer.
(g) The Joint Commission in Laos shall determine the
detailed procedures for the withdrawals and transfers of the forces in
accordance with the above-mentioned principles.
Article 5
During the days immediately preceding the cease-fire
each party undertakes not to engage in any large-scale operation between the
time when the Agreement on the cessation of hostilities is signed at Geneva and
the time when the cease-fire comes into effect.
CHAPTER II
Prohibition of the Introduction of Fresh Troops,
Military Personnel, Armaments and Munitions
Article 6
With effect from the proclamation of the cease-fire
the introduction into Laos of any reinforcements of troops or military
personnel from outside Laotian territory is prohibited.
Nevertheless, the French High Command may leave a
specified number of French military personnel required for the training of the
Laotian national army in the territory of Laos; the strength of such personnel
shall not exceed one thousand five hundred (1,500) officers and
non-commissioned officers.
Article 7
Upon the entry into force of the present Agreement,
the establishment of new military bases is prohibited throughout the territory
of Laos.
Article 8
The High Command of the French forces shall maintain
in the territory of Laos the personnel required for the maintenance of two
French military establishments, the first at Seno and the second in the Mekong
valley, either in the province of Vientiane or downstream from Vientiane.
The effectives maintained in these military
establishments shall not exceed a total of three thousand five hundred (3,500)
men.
Article 9
Upon the entry into force of the present Agreement and
in accordance with the declaration made at the Geneva Conference by the Royal
Government of Laos on 20 July 1954,(2) the introduction into Laos of armaments,
munitions and military equipment of all kinds is prohibited, with the exception
of a specified quantity of armaments in categories specified as necessary for the
defence of Laos.
Article 10
The new armaments and military personnel permitted to
enter Laos in accordance with the terms of Article 9 above shall enter Laos at
the following points only: Luang-Prabang, Xieng-Khouang, Vientiane, Seno,
Pakse, Savannakhet and Tchepone.
CHAPTER III
Disengagement of the Forces-Assembly
Areas-Concentration Areas
Article 11
The disengagement of the armed forces of both sides,
including concentration of the armed forces, movements to rejoin the
provisional assembly areas allotted to one party and provisional withdrawal
movements by the other party, shall be completed within a period not exceeding fifteen
(15) days after the cease fire.
Article 12
The Joint Commission in Laos shall fix the site and
boundaries:
- of the five (5) provisional assembly areas for the
reception of the Vietnamese People's Volunteer forces
- of the five (5) provisional assembly areas for the
reception of the French forces in Laos
- of the twelve (12) provisional assembly areas, one
to each province, for the reception of the fighting units of "Pathet
Lao".
- The forces of the Laotian National Army shall remain
in situ during the entire duration of the operations of disengagement and
transfer of foreign forces and fighting units of "Pathet Lao".
Article 13
The foreign Forces shall be transferred outside
Laotian territory as follows:
(1) French Forces:
The French forces will be moved out of Laos by road
(along routes laid down by the Joint Commission in Laos) and also by air and
inland waterway;
(2) Vietnamese People's Volunteer forces:
These forces will be moved out of Laos by land, along
routes and in accordance with a schedule to be determined by the Joint
Commission in Laos in accordance with principle of simultaneous withdrawal of
foreign forces.
Article 14
Pending a political settlement, the fighting units of
"Pathet Lao"; concentrated in the provisional assembly areas, shall
move into the Provinces of Phongsaly and Sam-Neua except for any military
personnel who wish to be demobilized where they are. They will be free to move between
these two Provinces in a corridor along the frontier between Laos and Viet-Nam bounded
on the south by the line SOP KIN, NA MI, SOP SANG-MUONG SON.
Concentration shall be completed within
one-hundred-and-twenty (120) days from the date of entry into force of the
present Agreement.
Article 15
Each party undertakes to refrain from any reprisals or
discrimination against persons or organizations for their activities during the
hostilities and also undertakes to guarantee their democratic freedoms.
CHAPTER IV
Prisoners of War and Civilian Internees
Article 16
The liberation and repatriation of all prisoners of
war and civilian internees detained by each of the two parties at the coming
into force of the present Agreement shall be carried out under the following
conditions:
(a) All prisoners of war and civilian internees of
Laotian and other nationalities captured, since the beginning of hostilities in
Laos during military operations or in any other circumstances of war and in any
part of the territory of Laos shall be liberated within a period of thirty (30)
days after the date when the cease-fire comes into effect.
(b) The term "civilian internees" is
understood to mean all persons who, having in any way contributed to the
political and armed strife between the two parties, have been arrested for that
reason or kept in detention by either party during the period of hostilities.
(c) All foreign prisoners of war captured by either
party shall be surrendered to the appropriate authorities of the other party,
who shall give them all possible assistance in proceeding to the destination of
their choice.
CHAPTER V
Miscellaneous
Article 17
The Commanders of the forces of the two parties shall
ensure that persons under their respective commands who violate any of the
provisions of the present Agreement are suitably punished.
Article 18
In cases in which the place of burial is known and the
existence of graves has been established, the Commander of the forces of either
party shall, within a specified period after the entry into force of the present
Agreement, permit the graves service of the other party to enter that part of
Laotian territory under his military control for the purpose of finding and
removing the bodies of deceased military personnel of that party, including the
bodies of deceased prisoners of war.
The Joint Commission shall fix the procedures by which
this task is carried out and the time limits within which it must be completed.
The Commanders of the forces of each party shall communicate to the other all
information in his possession as to the place of burial of military personnel
of the other party.
Article 19
The present Agreement shall apply to all the armed
forces of either party. The armed forces of each party shall respect the
territory under the military control of the other party, and engage in no
hostile act against the other party.
For the purposes of the present article the word
"territory" includes territorial waters and air space.
Article 20
The Commanders of the forces of the two parties shall
afford full protection and all possible assistance and co-operation to the
Joint Commission and its joint organs and to the International Commission and
its inspection teams in the performance of the functions and tasks assigned to them
by the present Agreement.
Article 21
The costs involved in tile operation of the Joint
Commission and its joint groups and of the International Commission and its
inspection teams shall be shared equally between the two parties.
Article 22
The signatories of the present Agreement and their successors
in their functions shall be responsible for the observance and enforcement of
the terms and provisions thereof. The Commanders of the forces of the two
parties shall, within their respective commands, take all steps and make all
arrangements necessary to ensure full compliance with all the provisions of the
present Agreement by all military personnel under their command.
Article 23
The procedures laid down in the present Agreement
shall, whenever necessary, be examined by the Commanders of the two parties
and, if necessary, defined more specifically by the Joint Commission.
CHAPTER VI
Joint Commission and International Commission for
Supervision and Control in Laos
Article 24
Responsibility for the execution of the agreement on
the cessation of hostilities shall rest with the parties.
Article 25
An International Commission shall be entrusted with
control and supervision over the application of the provisions of the agreement
on the cessation of hostilities in Laos. It shall be composed of representatives
of the following States: Canada, India and Poland.
It shall be presided over by the Representative of
India. Its headquarters shall be at Vientiane.
Article 26
The International Commission shall set up fixed and
mobile inspection teams, composed of an equal number of officers appointed by
each of the above-mentioned States.
The fixed teams shall be located at the following
points: Pakse Seno, Tchepone, Vientiane, Xieng-Khonang, Phongsaly, Sophao
(province of Samneua). These points of location may, at a later date, be
altered by agreement between the Government of Laos and the International Commission.
The zones of action of the mobile teams shall be the
regions bordering the land frontiers of Laos. Within the limits of their zones
of action they shall have the right to move freely and shall receive from the
local civil and military authorities all facilities they may require for the fulfilment
of their tasks (provision of personnel, access to documents needed for
supervision, summoning of witnesses needed for holding enquiries, the security
and freedom of movement of
the inspection teams etc...). They shall have at their
disposal such modern means of transport, observation and communication as they
may require.
Outside the zones of action defined above, the mobile
teams may, with the agreement of the Command of the party concerned, move about
as required by the tasks assigned to them by the present agreement.
Article 27
The International Commission shall be responsible for
supervising the execution by the parties of the provisions of the present
agreement. For this purpose it shall fulfil the functions of control,
observation, inspection and investigation connected with the implementation of
the provisions of the agreement on the cessation of hostilities, and shall in
particular:
(a) Control the withdrawal of foreign forces in
accordance with the provisions of the agreement on the cessation of hostilities
and see that frontiers are respected.
(b) Control the release of prisoners of war and
civilian internees.
(c) Supervise, at ports and airfields and along all
the frontiers of Laos, the implementation of the provisions regulating the
introduction into Laos of military personnel and war materials.
(d) Supervise the implementation of the clauses of the
agreement on the cessation of hostilities relating to rotation of personnel and
to supplies for French Union security forces maintained in Laos.
Article 28
A Joint Commission shall be set up to facilitate the
implementation of the clauses relating to the withdrawal of foreign forces.
The Joint Commission shall form joint groups, the
number of which shall be decided by mutual agreement between the parties.
The Joint Commission shall facilitate the
implementation of the clauses of the agreement on the cessation of hostilities
relating to the simultaneous and general cease-fire in Laos for all regular and
irregular armed forces of the two parties.
It shall assist the parties in the implementation of
the said clauses; it shall ensure liaison between them for the purpose of
preparing and carrying out plans for the implementation of the said clauses; it
shall endeavour to settle any disputes between the parties arising out of the implementation
of these clauses. The joint groups shall follow the forces in their movements
and shall be disbanded once the withdrawal plans have been carried out.
Article 29
The Joint Commission and the Joint Groups shall be
composed of an equal number of representatives of the commands of the parties
concerned.
Article 30
The International Commission shall, through the medium
of the inspection teams mentioned above, and as soon as possible either on its
own initiative, or at the request of the Joint Commission, or of one of the
parties, undertake the necessary investigations both documentary and on the
ground.
Article 31
The inspection teams shall submit to the International
Commission the results of their supervision, investigation and observations,
furthermore they shall draw up such special reports as they may consider
necessary or as may be requested from them by the Commission.
In the case of a disagreement within the teams, the
findings of each member shall be transmitted to the Commission.
Article 32
If an inspection team is unable to settle an incident
or considers that there is a violation or a threat of a serious violation the
International Commission shall be informed; the latter shall examine the
reports and findings of the inspection teams and shall inform the parties of
the measures which should be taken for the settlement of the incident, ending
of the violation or removal of the threat of violation.
Article 33
When the Joint Commission is unable to reach an
agreement on the interpretation of a provision or on the appraisal of a fact,
the International Commission shall be informed of the disputed question. Its
recommendations shall be sent directly to the parties and shall be notified to
the Joint Commission.
Article 34
The recommendations of the International Commission
shall be adopted by majority vote, subject to the provisions contained in
article 35. If the votes are equally divided the chairman's vote shall be
decisive.
The International Commission may make recommendations
concerning amendments and additions which should be made to the provisions of
the agreement on the cessation of hostilities in Laos, in order to ensure more
effective execution of the said agreement. These recommendations shall be
adopted unanimously.
Article 35
On questions concerning violations, or threats of
violations, which might lead to a resumption of hostilities, and in particular:
(a) Refusal by foreign armed forces to effect the
movements provided for in the withdrawal plan;
(b) Violation or threat of violation of the country's
integrity by foreign armed forces, the decisions of the International
Commission must be unanimous.
Article 36
If one of the parties refuses to put a recommendation
of the International Commission into effect, the parties concerned or the
Commission itself shall inform the members of the Geneva Conference.(3) If the
International Commission does not reach unanimity in the cases provided for in
article 35, it shall transmit a majority report and one or more minority
reports to the members of the Conference. The International Commission shall
inform the members of the Conference of all cases in which its work is being
hindered.
Article 37
The International Commission shall be set up at the
time of the cessation of hostilities in Indo-China in order that it may be able
to fulfil the tasks prescribed in article 27.
Article 38
The International Commission for Supervision and
Control in Laos shall act in close co-operation with the International
Commissions in Viet-Nam and Cambodia.
The Secretaries-General of these three Commissions
shall be responsible for co-ordinating their work and for relations between
them.
Article 39
The International Commission for Supervision and
Control in Laos may, after consultation with the International Commissions in
Cambodia and Viet-Nam having regard to the development of the situation in Cambodia
and Viet-Nam, progressively reduce its activities.
Such a decision must be reduced unanimously [sic].
These recommendations shall be adopted unanimously.
CHAPTER VII
Article 40
All the provisions of the present Agreement, save
paragraph (a) of Article 2, shall enter into force at 24 hours (Geneva time) on
22 July 1954.
Article 41
Done in Geneva (Switzerland) on 20 July 1954, at 24
hours, in the French language.
Final Declaration of the Geneva Conference on the
Problem of Restoring Peace in Indo-China 21 July 1954
FINAL DECLARATION,
dated the 21st July, 1954, of the Geneva Conference on the problem of restoring
peace in Indo-China, in which the representatives of Cambodia, the Democratic
Republic of Viet-Nam, France, Laos, the People's Republic of China, the State
of Viet-Nam, the Union of Soviet Socialist Republics, the United Kingdom, and
the United States of America took part.
1. The Conference takes note of the agreements ending
hostilities in Cambodia, Laos and Viet-Nam and organizing international control
and the supervision of the execution of the provisions of these agreements.
2. The Conference expresses satisfaction at the ending
of hostilities in Cambodia, Laos and Viet-Nam; the Conference expresses its
conviction that the execution of the provisions set out in the present
declaration and in the agreements on the cessation of hostilities will permit Cambodia,
Laos and Viet-Nam henceforth to play their part, in full independence and sovereignty,
in the peaceful community of nations.
3. The Conference takes note of the declarations made
by the Governments of Cambodia and of Laos of their intention to adopt measures
permitting all citizens to take their place in the national community, in
particular by participating in the next general elections, which, in conformity
with the constitution of each of these countries, shall take place in the
course of the year 1955, by secret ballot and in conditions of respect for
fundamental freedoms.
4. The Conference takes note of the clauses in the
agreement on the cessation of hostilities in Viet-Nam prohibiting the
introduction into Viet-Nam of foreign troops and military personnel as well as
of all kinds of arms and munitions. The Conference also takes note of the
declarations made by the Governments of Cambodia and Laos of their resolution
not to request foreign aid, whether in war material, in personnel or in
instructors except for the purpose of the effective
defense of their territory and, in the case of Laos,
to the extent defined by the agreements on the cessation of hostilities in
Laos.
5. The Conference takes note of the clauses in the
agreement on the cessation of hostilities in Viet-Nam to the effect that no
military base under the control of a foreign State may be established in the
regrouping zones of the two parties, the latter having the obligation to see
that the zones allotted to them shall not constitute part of any military
alliance and shall not be utilized for the resumption of hostilities or in the
service of an aggressive policy. The Conference also takes note of the
declarations of the Governments of Cambodia and Laos to the effect that they
will not join in any agreement with other States if this agreement includes the
obligation to participate in a military alliance not in conformity with the
principles of the Charter of the United Nations or, in the case of Laos, with
the principles of the agreement on the cessation of hostilities in Laos or, so
long as their security is not threatened, the obligation to establish bases on Cambodian
or Laotian territory for the military forces of foreign Powers.
6. The Conference recognizes that the essential
purpose of the agreement relating to Viet-Nam is to settle military questions
with a view to ending hostilities and that the military demarcation line is
provisional and should not in any way be interpreted as constituting a political
or territorial boundary. The Conference expresses its conviction that the
execution of the provisions set out in the present declaration and in the
agreement on the cessation of hostilities creates the necessary basis for the
achievement in the near future of a political settlement in Viet-Nam.
7. The Conference declares that, so far as Viet-Nam is
concerned. the settlement of political problems, effected on the basis of
respect for the principles of independence, unity and territorial integrity,
shall permit the Viet-Namese people to enjoy the fundamental freedoms,
guaranteed by democratic institutions established as a result of free general
elections by secret ballot.
In order to ensure that sufficient progress in the
restoration of peace has been made, and that all the necessary conditions
obtain for free expression of the national will, general elections shall be held
in July 1956, under the supervision of an international commission composed of representatives
of the Member States of the International Supervisory Commission, referred to
in the agreement on the cessation of hostilities. Consultations will be held on
this subject between the competent representative authorities of the two zones
from 20 July 1955 onwards.
8. The provisions of the agreements on the cessation
of hostilities intended to ensure the protection of individuals and of property
must be most strictly applied and must, in particular, allow everyone in
Viet-Nam to decide freely in which zone he wishes to live.
9. The competent representative authorities of the
Northern and Southern zones of Viet-Nam, as well as the authorities of Laos and
Cambodia, must not permit any individual or collective reprisals against
persons who have collaborated in any way with one of the parties during the war,
or against members of such persons' families.
10. The Conference takes note of the declaration of
the Government of the French Republic to the effect that it is ready to
withdraw its troops from the territory of Cambodia, Intros and Viet-Nam, at the
request of the governments concerned and within periods which shall be fixed by
agreement between the parties except in the cases where, by agreement between
the two parties, a certain number of French troops shall remain at specified
points and for a specified time.
11. The Conference takes note of the declaration of
the French Government to the effect that for the settlement of all the problems
connected with the
re-establishment and consolidation of peace in
Cambodia, Laos and Viet-Nam, the French Government will proceed from the
principle
of respect for the independence and sovereignty, unity
and territorial integrity of Cambodia, Laos and Viet-Nam.
12. In their relations with Cambodia, Laos and
Viet-Nam, each member of the Geneva Conference undertakes to respect the
sovereignty, the independence, the unity and the territorial integrity of the
above-mentioned states, and to refrain from any interference in their internal affairs.
13. The members of the Conference agree to consult one
another on any question which may be referred to them by the International
Supervisory Commission, in order to study such measures as may prove necessary
to ensure that the agreements on the cessation of hostilities in Cambodia, Laos
and Viet-Nam are respected.
Source: The Avalon Project, Yale Law School
American Foreign Policy 1950-1955
Basic Documents Volumes I and II
Department of State Publication 6446
General Foreign Policy Series 117
Washington, DC: U.S. Government Printing Office, 1957
https://peacemaker.un.org/sites/peacemaker.un.org/files/KH-LA-VN_540720_GenevaAgreements.pdf
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