Act on Mutual Forgiveness

  • Country/entity
    Tajikistan
  • Region
    Europe and Eurasia
  • Agreement name
    Act on Mutual Forgiveness
  • Date
    1 Jul 1997
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Tajikistani Civil War (1992 - 1997) )
  • Stage
    Pre-negotiation/process
  • Conflict nature
    Government
  • Peace process
    Tajikistan peace process
  • Parties
    (signed) E. Sh. Rakhmonov, President of the Republic of Tajikistan

    (signed) S. A. Nuri, Leader of the Tajik Opposition
  • Third parties
    -
  • Description
    Agreement adopting programme on mutual forgiveness, condemning use of mass media to fomen hostility. With view to facilitate the implementation of the Act on Mutual Forgiveness, all prisoners of war will be released.


Groups

  • Children/youth
    Groups→Children/youth→Rhetorical
    Page 1, para 5,
    In the names of orphans and widows, fathers and mothers, and all those who lost their relatives and loved ones;

    Page 1, para 10,
    May people work together in order to repair the damage of the war, ensure adequate care to orphans, widows, disabled and elderly and, by doing this, restore the feeling of friendship and respect in the society;
  • Disabled persons
    Groups→Disabled persons→Rhetorical
    Page 1, para 10
    May people work together in order to repair the damage of the war, ensure adequate care to orphans, widows, disabled and elderly and, by doing this, restore the feeling of friendship and respect in the society;
  • Elderly/age
    Groups→Elderly/age→Rhetorical
    Page 1, para 10
    May people work together in order to repair the damage of the war, ensure adequate care to orphans, widows, disabled and elderly and, by doing this, restore the feeling of friendship and respect in the society;
  • Migrant workers

    No specific mention.

  • Racial/ethnic/national group

    No specific mention.

  • Religious groups

    No specific mention.

  • Indigenous people

    No specific mention.

  • Other groups

    No specific mention.

  • Refugees/displaced persons

    No specific mention.

  • Social class

    No specific mention.


Gender

  • Women, girls and gender
    Page 1, para 5,

    In the names of orphans and widows, fathers and mothers, and all those who lost their relatives and loved ones;

    Page 1, para 10

    May people work together in order to repair the damage of the war, ensure adequate care to orphans, widows, disabled and elderly and, by doing this, restore the feeling of friendship and respect in the society;
  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family
    Page 1, para 5,

    In the names of orphans and widows, fathers and mothers, and all those who lost their relatives and loved ones;

State definition

  • Nature of state (general)

    No specific mention.

  • State configuration

    No specific mention.

  • Self determination

    No specific mention.

  • Referendum

    No specific mention.

  • State symbols

    No specific mention.

  • Independence/secession

    No specific mention.

  • Accession/unification

    No specific mention.

  • Border delimitation

    No specific mention.

  • Cross-border provision

    No specific mention.


Governance

  • Political institutions (new or reformed)

    No specific mention.

  • Elections

    No specific mention.

  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society
    Page 1, para 12

    We condemn the use of mass media for the purpose of making appeals directed against reconciliation, as well as settling old scores and publicly accusing each other. From now on, the Government, the United Tajik Opposition parties and organisations, as well as other parties, movements and public organisations will be held responsible under the laws of the Republic of Tajikistan if they use force in order to settle political disputes.
  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution

    No specific mention.


Power sharing

  • Political power sharing

    No specific mention.

  • Territorial power sharing

    No specific mention.

  • Economic power sharing

    No specific mention.

  • Military power sharing

    No specific mention.


Human rights and equality

  • Human rights/RoL general
    Page 1, para 12

    We condemn the use of mass media for the purpose of making appeals directed against reconciliation, as well as settling old scores and publicly accusing each other. From now on, the Government, the United Tajik Opposition parties and organisations, as well as other parties, movements and public organisations will be held responsible under the laws of the Republic of Tajikistan if they use force in order to settle political disputes.
  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights

    No specific mention.

  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship

    No specific mention.

  • Democracy

    No specific mention.

  • Detention procedures

    No specific mention.

  • Media and communication
    Rights related issues→Media and communication→Media roles
    Page 1, para 12

    We condemn the use of mass media for the purpose of making appeals directed against reconciliation, as well as settling old scores and publicly accusing each other. From now on, the Government, the United Tajik Opposition parties and organisations, as well as other parties, movements and public organisations will be held responsible under the laws of the Republic of Tajikistan if they use force in order to settle political disputes.
  • Mobility/access

    No specific mention.

  • Protection measures

    No specific mention.

  • Other

    No specific mention.


Rights institutions

  • NHRI

    No specific mention.

  • Regional or international human rights institutions

    No specific mention.


Justice sector reform

  • Criminal justice and emergency law

    No specific mention.

  • State of emergency provisions

    No specific mention.

  • Judiciary and courts
    Page 1, para 11
    May the wrath of the Almighty fall on those who will dare to take revenge or subject people to persecution in connection with the past conflict and may they be damned by the nation. Such persons will be brought before courts.
  • Prisons and detention

    No specific mention.

  • Traditional Laws

    No specific mention.


Socio-economic reconstruction

  • Development or socio-economic reconstruction

    No specific mention.

  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds

    No specific mention.

  • Business

    No specific mention.

  • Taxation

    No specific mention.

  • Banks

    No specific mention.


Land, property and environment

  • Land reform/rights

    No specific mention.

  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage

    No specific mention.

  • Environment

    No specific mention.

  • Water or riparian rights or access

    No specific mention.


Security sector

  • Security Guarantees

    No specific mention.

  • Ceasefire

    No specific mention.

  • Police

    No specific mention.

  • Armed forces

    No specific mention.

  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces

    No specific mention.

  • Withdrawal of foreign forces

    No specific mention.

  • Corruption

    No specific mention.

  • Crime/organised crime

    No specific mention.

  • Drugs

    No specific mention.

  • Terrorism

    No specific mention.


Transitional justice

  • Transitional justice general
    Page 1,
    Aware of our historical responsibility for the past and present of our ancient country and with due respect for irrefutable rights and freedoms of each individual;
    [...]
    We forgive all those who took up arms and fought against each other during the period of the military and political confrontation;
    May people work together in order to repair the damage of the war, ensure adequate care to orphans, widows, disabled and elderly and, by doing this, restore the feeling of friendship and respect in the society;
  • Amnesty/pardon

    No specific mention.

  • Courts
    Transitional justice→Courts→National courts
    Page 1,
    May the wrath of the Almighty fall on those who will dare to take revenge or subject people to persecution in connection with the past conflict and may they be damned by the nation. Such persons will be brought before courts.
  • Mechanism

    No specific mention.

  • Prisoner release
    Page 1, para 13

    With the view to facilitate the implementation of the Act on Mutual Forgiveness, all prisoners of war will be released. Relevant documents will be adopted by the Commission on National Reconciliation and the Majlisi Oli (the Parliament) in order to ensure the freedom and security of those who participated in the political and military confrontation from 1992 up to the time of signing the present Act.
  • Vetting

    No specific mention.

  • Victims
    Page 1, para 3-4,

    In memory of the pure souls of those who lost their lives;
    In the memory of the victims of the period of confrontation and armed fighting;
  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation
    Page 1. para 8-10
    The President of the Republic of Tajikistan and the Commission on National Reconciliation adopt and proclaim this Act on Mutual Forgiveness.
    [...]
    May people work together in order to repair the damage of the war, ensure adequate care to orphans, widows, disabled and elderly and, by doing this, restore the feeling of friendship and respect in the society;

    We condemn the use of mass media for the purpose of making appeals directed against reconciliation, as well as settling old scores and publicly accusing each other.
    From now on, the Government, the United Tajik Opposition parties and organisations, as well as other parties, movements and public organisations will be held responsible under the laws of the Republic of Tajikistan if they use force in order to settle political disputes.

Implementation

  • UN signatory

    No specific mention.

  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    Conciliation Resources Accord
    http://www.c-r.org/accord-article/key-texts-accord-tajikistan

Act on Mutual Forgiveness

1997/07/01

In the name of our homeland, the Republic of Tajikistan, which is the successor of spiritual, moral and ethical traditions of statehood developed by Tajiks throughout ages;

In the name of the revival of prosperity of our beloved country, its unity and territorial integrity, independence and freedom

In memory of the pure souls of those who lost their lives;

In the memory of the victims of the period of confrontation and armed fighting;

In the names of orphans and widows, fathers and mothers, and all those who lost their relatives and loved ones;

Taking into considerations the will of the people of peace and national accord;

Aware of our historical responsibility for the past and present of our ancient country and with due respect for irrefutable rights and freedoms of each individual;

The President of the Republic of Tajikistan and the Commission on National Reconciliation adopt and proclaim this Act on Mutual Forgiveness.

We forgive all those who took up arms and fought against each other during the period of the military and political confrontation;

May people work together in order to repair the damage of the war, ensure adequate care to orphans, widows, disabled and elderly and, by doing this, restore the feeling of friendship and respect in the society;

May the wrath of the Almighty fall on those who will dare to take revenge or subject people to persecution in connection with the past conflict and may they be damned by the nation.

Such persons will be brought before courts.

We condemn the use of mass media for the purpose of making appeals directed against reconciliation, as well as settling old scores and publicly accusing each other.

From now on, the Government, the United Tajik Opposition parties and organisations, as well as other parties, movements and public organisations will be held responsible under the laws of the Republic of Tajikistan if they use force in order to settle political disputes.

With the view to facilitate the implementation of the Act on Mutual Forgiveness, all prisoners of war will be released.

Relevant documents will be adopted by the Commission on National Reconciliation and the Majlisi Oli (the Parliament) in order to ensure the freedom and security of those who participated in the political and military confrontation from 1992 up to the time of signing the present Act.

(signed) E. Sh.

Rakhmonov, President of the Republic of Tajikistan

(signed) S. A. Nuri, Leader of the Tajik Opposition