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PACE 6
THE MERCER CLUSTER
FEBRUARY 2. \m
Agreement On Ending The War
.. EDITORS* NOTE.-The editors
of THE CLUSTER have every
wish that this be the last word we
print on Southeast Asia.
However, just as the Geneva
accords were constantly referred
to in rage during the past decade,
we fear that these words will
occupy that same position during
this decade. It U. in the spirit of
hope, thankfulness and caution
that we print the mil text of the
Vietnam accord signed on
^ January 27.
The Parties participating in the
Paris Conference on Vietnam.
With a view to ending the war
and restoring peace in Vietnam
on the basis of respect for the
Vietnamese people’s fun
damental national rights and the
South Vietnamese people's right
to sdf-determination, and to
contributing to the consolidation
of peace in Asia and the world,
Have agreed on the following
provisions and undertake to
respect and to implement tl\em:
Chapter I
THE VIETNAMESE
PEOPLE’S
FUNDAMENTAL
NATIONAL RIGHTS
Article 1
The United States and all other
countries respect the in
dependence, sovereignty, unity,
and territorial integrity of
Vietnam as recognized by the
1954 Geneva Agreements on
Vietnam.
Chapter II
CESSATION OF HOSTILITIES-
WITHDRAWAL
OF TROOPS
Article 2
A cease-fire shall be observed
throughout South Vietnam as of
2400hoursG.M.T.,on January 27,
1973.
At the same hour, the United
States will stop all its military
activities against the territory of
the Democratic Republic of
Vietnam by ground, air and naval
waters, ports, harbors, and
waterways of the Democratic
Republic of Vietnam. The United
States will remove, permanently
deactivite or destroy all the
mines in the territorial waters,
ports, harbors, and waterways of
North Vietnam as soon as this
^ Agreement goes into effect.
The complete cessation of
hositilities mentioned in this
Article shall be durable and
without limit of time.
Article 3
The parties undertake to
ma.ntain the cease-fire and to
ensure a lasting and stable peace.
As soon as the cease-fire goes
into effect:
(a) The United States forces
and those of the other foreign
countries allied with the United
• States and the Republic of
Vietnam shall remain in-place
pending the implementation of
the plan of troop withdrawal. The
Four-Party Joint Military
Commission described in Article
16shall determine the modalities.
tb) The armed forces of the two
South Vietnamese parties shall
remain in-piite. The Two-Party
Joint Military Commission
described in Article 17 shall
determine the areas controlled
by each party and the modalities
of stationing.
(c) The regular forces of all
services and arms and* the
irregular forces of the parties in
* South Vietnam shall stop all
offensive activities against each
other and shall strictly abide by
the following stipulations:
All acts of force on the ground,
in the air, and on the sea shall be
prohibited;
-All hostile acts, terrorism and
reprisals by both rides will be
banned.
Article 4
The United States will not
continue its military involvement
or intervene in the internal af
fairs of South Vietnam.
Article 5
Within sixty days of the signing
of this Agreement, lliere will be a
total withdrawal from South
Vietnam of troops, military
advisers, and military personnel,
including technical military
personnel and military personnel
associated with pacification
program, armaments,
munitions, and war material of
the United States and those of the
other foreign countries men
tioned in Article 3 <a). Advisers
from the above-mentioned
countries to all paramilitary
organaizations and the police
force will also bi withdrawn
within the same period of time.
Article 6
The dismantlement of all
military bases in Smth Vietnam
of the United States and of the
other foreign countries men
tioned in Article 3<a) shall be
completed within f ixty days of
the signihg of this .Agreement.
Article I
From the enforcement of the
cease-fire to the formation of the
government provided for in
Articles 9 (b) and 14 of this
Agreement, the two South
Vietnamese parties shall not
accept the introduction of troops,
military advisers, and military
personnel including technical
military personnel, armaments,
munitions, and war material into
South Vietnam.
The two South Vietnamese
parties shall be permitted to
make periodic replacement of
armaments, munitions and war
material which have been
destroyed, damaged, worn out or
used up after the cease-fire, on
the basis of piece-for-piece, of the
same characteristics and
properties, under the supervision
of the Joint Military Commission
of the two South Vietnamese
parties and of the International
Commission of Control and
Supervision.
Chapter III
' THE RETURN OF
CAPTURED MILITARY
PERSONNEL AND
FOREIGN CIVILIANS.
AND CAPTURED
AND DETAINED
VIETNAMESE
CIVILIAN PERSONNEL
Article 8
(a) The return of captured
military personnel and foreign
civilians of the parties shall be
carried out simultaneously with
and completed not later than the
same day as the troop with
drawal mentioned in Article 5.
The parties shall exchange
complete lists of the above-
mentioned captured military
personnel and foreign civilians on
the day of the signing of this
Agreement.
(b) The parties shall help each
other to get information about
those military personnel and
foreign civilians of the parties
missing in action, to determine
the location and take care of the
graves of the dead so as to
facilitate the exhumation and
repatriation of the remains, and
to take any ruch other measures
as may be required to get in
formation about those still
considered missing in action.
(c) The question of the return
of Vietnamese civilian personnel
captured and detained in South
Vietnam will be resolved by the
two South Vietnamese parties on
the basis of the principles of
Article 21 (b) of the Agreement
on the Cessation of Hositlities in
Vietnam of July 20, 1954. The two
South Vietnamese parties will do
so in a spirit of national reconcili
ation and concord, with a view to
ending hatred and enmity, in
order to ease suffering and to
reunite families. The two South
Vietnamese parties will do their
utmost to resolve this question
within ninety days after the
('ease-fire comes into effect.
Chapter IV
THIS EXERCISE OF THE
SOUTH VIETNAMESE
PEOPLE S RIGHT TO
SELF-DETERMINATION
Article 9
The Government of the United
States of America and the
Government of the Democratic
Republic of Vietnam undertake
to respect the following prin
ciples for the exercise of the
South Vietnamese people’s right
to self-determination:
(a) The South Vietnamese
people’s right to self-
determination is sacred,
inalienable, and shall be
respected by all countries.
(b) The South Vietnamese
people shall decide themselves
the political future of South
Vietnam thrqugh genuinely free
and democratic general elections
under international supervision.
(c) Foreign countries shall not
impose any political tendency or
personality on the South Viet
namese people.
Article 10
Hie two South Vietnamese
parties undertake to respect the
cease-fire and maintain peade in
South Vietnam, settle all matters
of contention through
negotiations, and avoid all armed
conflict.
Article 11
Immediately after the cease
fire. the two South Vietnamese
parties will:
-achieve national reconciliation
and concord, end hatred and
enmity, prohibit all acts of
reprisal and discrimination
against individuals or
organizations that have
collaborated with one side or the
other;
-ensure the democratic
liberties of the people: personal
freedom, freedom of speech,
freedom of the press, freedom of
meeti „, freedom of
organization, freedom of political
activities, freedom of belief,
freedom of movement, freedom
of residence, freedom of work,
right to property ownership, and
right to free enterprise.
Article 12
(a) Immediately after the
cease-fire, the two South Viet
namese parties shall hold con
sultations in a spirit of national
reconciliation and concord,
mutual respect, and mutual non
elimination to set up a National
Council of National Recon
ciliation and Concord of three
equil segments. Hie Council shall
operate on the principle of
unanimity. After the National
Council of National Recon
ciliation and Concord has
assumed its functions, the two
South Vietnamese parties will
consult about the formation of
councils at lower levels. Hie two
South Vietnamese parties shall
sign an agreement on the in
ternal matters of South Vietnam
as soon as possible and do their
utmost to accomplish this within
ninety days after the cease-fire
comes into effect ,in keeping with
the South Vietnamese people’s
aspirations for peace, in
dependence and democracy.
(b) The National Council of
National Reconciliation and
Concord shall have the task of
promoting the two South Viet
namese parties’ implementation
of this Agreement, achievement
of national reconciliation and
concord and ensurance of
democratic liberties. The
National Council of National
Reconciliation and Concord will
organize the free and democratic
general elections provided for in
Article 9 (b) and decide the
procedures and modalities of
these general elections. The
institutions for which the general
elections are to be held will be
agreed upon through con
sultations between the two South
Vietnamese parties. The
National Council of National
Reconciliation and Concord will
also decide the procedures and
modalities of such local elections
as the two South Vietnamese
parties agree upon.
Article 13
Hie question of Vietnamese
armed forces in South Vietnam
shall be settled by the two South
Vietnamese parties in a spirit of
national reconciliation and
concord, equality and mutual
respect, without foreign in
terference, in accordance with
the postwar situation. Among the
questions to be discussed by the
Two South Vietnamese parties
are steps to reduce their military
effectives and to demobilize the
troops being reduced. The two
South Vietnamese parties will
accomplish this as soon as
possible.
Article 14
South Vietnam will pursue a
foreign policy of peace and in
dependence. It will be prepared
to establish relations with all
countries irrespective of their
political and social systems on
the basis of mutual respect for
independence and sovereignty
and accept economic and
technical aid from any country
with no political conditions at
tached. The acceptance of
military aid by South Vietnam in
the future shall come under the
authority of the government met
up after the general elections in
South Vietnam provided for in
Article 9 (b).
Chapter V
THE REUNIFICATION
OF VIETNAM AND
THE RELATIONSHIP
BETWEEN NORTH AND
SOUTH VIETNAM
Article 15
The reunification of Vietnam
shall be carried out step by step
through peaceful means on the
basis of discussions and
agreements between North and
South Vietnam, without coercion
or annexation by either party,
and without foreign interference.
This time for reunification will be
agreed upon by North and South
Vietnam.
Pending reunification:
(a) The military demarcation
line between the two zones at the
17lh parallel is only provisional
and not a political or territorial
boundary, as provided for in
paragraph 6 of the Final
Declaration of the 1954 Geneva
Conference.
(b) North and South Vietnam
shall respect the Demilitarized
Zone on either side of the
Provisional Military Demar-N
cation line.
(c) North and “South Vietnam
shall promptly start negotiations
with a view to reestablishing
normal' relations in various
fields. Among the questions to be
negotiated are the modalities of
civilian movement across the
Provisional Military Demar
cation Line.
(d) North and South Vietnam
shall not join any military
alliance or military bloc and shall
not allow foreign powers to
maintain military bases, troops,
military advisers, and military
personnel on their respective
territories, as stipulated in the
1954 Geneva Agreements on
Vietnam.
•Chapter VI
THE JOINT MILITARY
COMMISSIONS. THE
INTERNATIONAL
COMMISSION
OF CONTROL AND
SUPERVISION. THE
INTERNATIONAL
CONFERENCE
Article 16
(a) The Parties participating in
the Paris Conference on Vietnam
shall immediately designate
representatives to form a Four-
Party Joint Military Commission
with the task of ensuring joint
action by the parties in im
plementing the following
provisions of this Agreement :
-The first paragraph of Article
2, regarding the enforcement of
the cease-fire throughout South
Vietnam;
-Article 3 (a), regarding the
cease-fire by U.S. forces and
those of the other foreign coun
tries referred to in that Article;
-Article 3 (c). regarding the
cease-fire between all parties in
South Vietnam ;
-Article 5, regarding the with
drawal from South Vietnam of
U.S. troops and those of the other
foreign countries mentioned in
Article 3 (a);
-Article 6, regarding the
dismantlement of military bases
in South Vietnam of the United
States and those of the other
foreign countries mentioned in
Article 3 (a);
-Article 8 (a), regarding the
return of captured military
personnel and foreign civilians of
the parties,
-Article 8 (b), regarding the
mutual assistance of the parties
in getting information about
those military personnel and
foreign civilians of the parties
missing in action.
(b) The Four-Party Joint
Military Commission shall
operate in accordance with the
principle of consultations and
unanimity. Disagreements shall
be referred to the International
Commission " of Control and
Supervision.
(c) The Four-Party Joint
Military Commission shall begin
operating immediately after the
signing of this Agreement and
end its activities in sixty days,
after the completion of the with
drawal of U.S. troops and those of
the other foreign countries
mentioned in Article 3 (a) and the