2005 and 2012 Strategic Partnerships

[jmm99]

The 2005 Bush-Karzai Joint Declaration of the United States of America and Afghanistan on Strategic Partnership (23 May 2005), was announced shortly after it was signed. IMO: this document was a binding Executive Agreement (between heads of state), which is equivalent to a treaty as to areas which are within the constitutional powers of the Executive Branch.

The Obama Administration ratified the 2005 Strategic Partnership; but, it reiterated its desire to continue that agreement in amended form.

The 2005 strategy had three main headings: Democracy and Governance; Prosperity; and Security. The 2012 Enduring Strategic Partnership Agreement between the Islamic Republic of Afghanistan and the United States of America (1 May 2012) has five main headings: Protecting and Promoting Shared Democratic Values; Advancing Long-Term Security; Reinforcing Regional Security and Cooperation; Social and Economic Development; and Strengthening Afghan Institutions and Governance.

The 2012 Strategic Partnership has a one-year unilateral termination clause; unlike the 2005 Strategic Partnership which had no termination clause. The 2012 agreement has other limitations, suggesting it is very much an "illusory contract" - from the WH Factsheet:

To be clear, the Strategic Partnership Agreement itself does not commit the United States to any specific troop levels or levels of funding in the future, as those are decisions will be made in consultation with the U.S. Congress. It does, however, commit the United States to seek funding from Congress on an annual basis to support the training, equipping, advising and sustaining of Afghan National Security Forces, as well as for social and economic assistance.

A number of agreements remain in effect until re-negotiated (or until the 2012 Strategic Partnership is terminated): 2012 MOUs on Special Operations and Detention Facilities (LINK and LINK); 2003 Status of Forces Agreement; and several multi-national agreements (e.g., 2001 Bonn, 2010 NATO-Lisbon, etc.). See, Status of Forces Agreements and UN Mandates (28 Feb 2008, Matheson), for various UN, NATO and US declarations and agreements then in effect regarding Astan and Iraq.

Regards

Mike