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General Agreement on the Establishment of Peace and National Accord in Tajikistan

  • Country/entity

    Tajikistan
  • Region

    Europe and Eurasia
  • Agreement name

    General Agreement on the Establishment of Peace and National Accord in Tajikistan
  • Date

    27 Jun 1997
  • Agreement status

    Multiparty signed/agreed
  • Interim arrangement

    Yes
  • Agreement/conflict level

    Intrastate/intrastate conflict ( Tajikistani Civil War (1992 - 1997) )
  • Stage

    Framework/substantive - partial
  • Conflict nature

    Government
  • Peace process

    Tajikistan peace process
  • Parties

    (Signed) E. RAKHMONOV, President of Tajikistan

    (Signed) A. NURI, Leader of the United Tajik Opposition
  • Third parties

    (Signed) G. MERREM, Special Representative of the Secretary-General of the United Nations
  • Description

    Between 1994 and 1997 a series of Protocols were agreed and signed between the parties (Protocol on the fundamental principles for establishing peace and national accord in Tajikistan of 17 August 1995; Protocol on political questions of 18 May 1997 (annex II)2 and the related Agreement between the President of Tajikistan, Emomali Sharipovich Rakhmonov, and the leader of the United Tajik Opposition, Said Abdullo Nuri, on the results of the meeting held in Moscow on 23 December 1996 (annex III);3 the Protocol on the main functions and powers of the Commission on National Reconciliation of 23 December 1996; the Statute of the Commission on National Reconciliation, of 21 February 1997; the Additional Protocol to the Protocol on the main functions and powers of the Commission on National Reconciliation, of 21 February 1997; Protocol on military issues; Protocol on refugees; Protocol on the guarantees of implementation of the General Agreement on the Establishment of Peace and National Accord in Tajikistan) which, together with the present document, constitute General Agreement on the Establishmen of Peace and National Accord in Tajikstan. Signing this Agreement the parties recommit to the full implementation of the agreements signed thusfar. This agreement and coding reflect the general agreement head, and the two other agreements signed that day, the Moscow Declaration and the Protocol of Mutual Understanding between the President of Tajikistan, E. S. Rakhmonov and the leader of the United Tajik Opposition, S. A. Nuri. The Moscow Declaration: Rhetorical document, expressing thanks to the international involvement in securing the General Agreement on the Establishment of Peace and National Accord in Tajikistan, including the UN, Iran, Kazakstan, Kyrgyzstan, Pakistan, the Russian Federation, Turkmenistan and Uzbekistan, and the Organization for Security and Coperation in Europe, and the Organization of the Islamic Conference. Protocol of Mutual Understanding between the President of Tajikistan, E. S. Rakhmonov and the leader of the United Tajik Opposition, S. A. Nuri: Very short agreement. Parties agreed confidence-building measures and framework for future talks on amnesty and advancing national reconciliation, and exchange of prisoners of war and imprisoned persons as an act of goodwill by 15 July 1997.


Groups

  • Children/youth

    No specific mention.

  • Disabled persons

    No specific mention.

  • Elderly/age

    No specific mention.

  • Migrant workers

    No specific mention.

  • Racial/ethnic/national group
    Groups→Racial/ethnic/national group→Anti-discrimination
    Page 2-3,
    ...The highest national priorities of the country are peace and the national unity of all nationals of Tajikistan, regardless of their ethnic origin, political orientation, religion or regional affiliation.
  • Religious groups
    Groups→Religious groups→Anti-discrimination
    Page 2-3,
    ...The highest national priorities of the country are peace and the national unity of all nationals of Tajikistan, regardless of their ethnic origin, political orientation, religion or regional affiliation.
  • Indigenous people

    No specific mention.

  • Other groups

    No specific mention.

  • Refugees/displaced persons
    Groups→Refugees/displaced persons→Substantive
    Page 2-3,
    The President of Tajikistan and the leader of the United Tajik Opposition have agreed that the signing of the present General Agreement marks the beginning of the phase of full and interconnected implementation of the agreements reached, which will put an end once and for all to the fratricidal conflict in Tajikistan, ensure mutual forgiveness and amnesty, return the refugees to their homes, and create the conditions for the democratic development of society, the holding of free elections and the restoration of the country's economy destroyed by the many years of conflict. The highest national priorities of the country are peace and the national unity of all nationals of Tajikistan, regardless of their ethnic origin, political orientation, religion or regional affiliation.
  • Social class

    No specific mention.


Gender

  • Women, girls and gender

    No specific mention.

  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family

    No specific mention.


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
    Page 2-3, Annex 1:

    The President of Tajikistan and the leader of the United Tajik Opposition have agreed that the signing of the present General Agreement marks the beginning of the phase of full and interconnected implementation of the agreements reached, which will put an end once and for all to the fratricidal conflict in Tajikistan, ensure mutual forgiveness and amnesty, return the refugees to their homes, and create the conditions for the democratic development of society, the holding of free elections and the restoration of the country's economy destroyed by the many years of conflict. The highest national
    priorities of the country are peace and the national unity of all nationals of Tajikistan, regardless of their ethnic origin, political orientation, religion or regional affiliation.
  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society

    No specific mention.

  • 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

    No specific mention.

  • 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
    Page 2-3, Annex 1

    The President of Tajikistan and the leader of the United Tajik Opposition have agreed that the signing of the present General Agreement marks the beginning of the phase of full and interconnected implementation of the agreements reached, which will put an end once and for all to the fratricidal conflict in Tajikistan, ensure mutual forgiveness and amnesty, return the refugees to their homes, and create the conditions for the democratic development of society, the holding of free elections and the restoration of the country's economy destroyed by the many years of conflict. The highest national priorities of the country are peace and the national unity of all nationals of Tajikistan, regardless of their ethnic origin, political orientation, religion or regional affiliation.
  • Detention procedures

    No specific mention.

  • Media and communication

    No specific mention.

  • Mobility/access

    No specific mention.

  • Protection measures

    No specific mention.

  • Other
    Page 3, Annex 1

    The President of Tajikistan and the leader of the United Tajik Opposition have agreed to register the General Agreement with the United Nations Secretariat in accordance with Article 102 of the Charter of the United Nations.

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

    No specific mention.

  • Prisons and detention

    No specific mention.

  • Traditional Laws

    No specific mention.


Socio-economic reconstruction

  • Development or socio-economic reconstruction
    Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
    Page 2-3, Annex 1

    The President of Tajikistan and the leader of the United Tajik Opposition have agreed that the signing of the present General Agreement marks the beginning of the phase of full and interconnected implementation of the agreements reached, which will put an end once and for all to the fratricidal conflict in Tajikistan, ensure mutual forgiveness and amnesty, return the refugees to their homes, and create the conditions for the democratic development of society, the holding of free elections and the restoration of the country's economy destroyed by the many years of conflict. The highest national priorities of the country are peace and the national unity of all nationals of Tajikistan, regardless of their ethnic origin, political orientation, religion or regional affiliation.
  • 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
    Page 6, As a result of the meeting, the following agreements were reached:
    ... (3) Firmly condemning terrorism and confirming that their positions regarding joint action to combat it remain unchanged, the Parties have agreed that they will not use the existing known facts and suspicions to discredit one another politically.

Transitional justice

  • Transitional justice general

    No specific mention.

  • Amnesty/pardon
    Transitional justice→Amnesty/pardon→Amnesty/pardon proper
    Page 2-3, Annex 1

    The President of Tajikistan and the leader of the United Tajik Opposition have agreed that the signing of the present General Agreement marks the beginning of the phase of full and interconnected implementation of the agreements reached, which will put an end once and for all to the fratricidal conflict in Tajikistan, ensure mutual forgiveness and amnesty, return the refugees to their homes, and create the conditions for the democratic development of society, the holding of free elections and the restoration of the country's economy destroyed by the many years of conflict. The highest national priorities of the country are peace and the national unity of all nationals of Tajikistan, regardless of their ethnic origin, political orientation, religion or regional affiliation.

    Page 6, Annex 3

    As a result of the meeting, the following agreements were reached:

    (1) To convene in Moscow by 7 July 1997 the first meeting of the Commission on National Reconciliation to discuss and transmit for consideration by the Parliament of Tajikistan the draft of the General Amnesty Act;
  • Courts

    No specific mention.

  • Mechanism

    No specific mention.

  • Prisoner release
    Page 6, Annex 3

    (2) In implementation of the provisions of the Bishkek Memorandum of 18 May 1997 (S/1997/385, annex II) regarding solution of the problems of exchanging prisoners of war and imprisoned persons as an act of goodwill, to exchange by 15 July 1997 50 prisoners of war and 50 imprisoned persons, including all those detained since February 1997;
  • Vetting

    No specific mention.

  • Victims

    No specific mention.

  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation

    No specific mention.


Implementation

  • UN signatory
    (Signed) G. MERREM, Special Representative of the Secretary-General of the United Nations
  • 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
    UN Peacemaker:

    http://peacemaker.un.org/

General Agreement on the Establishment of Peace and National Accord in Tajikistan, signed in Moscow on 27 June 1997

For the purposes of achieving peace and national accord in Tajikistan and overcoming the consequences of the civil war, inter-Tajik talks on national reconciliation have been conducted from April 1994 up until the present time under the auspices of the United Nations.

In the course of eight rounds of talks between delegations of the Government of Tajikistan and the United Tajik Opposition, hereinafter referred to as the Parties, six meetings between the President of Tajikistan and the leader of the United Tajik Opposition, and also three rounds of consultations between the delegations of the Parties, which took place in Almaty, Ashgabat, Bishkek, Islamabad, Kabul, Meshkhed (Islamic Republic of Iran), Moscow, Tehran and Khusdekh (Afghanistan), protocols were agreed and signed which, together with the present document, constitute the General

Agreement on the Establishment of Peace and National Accord in Tajikistan (the General Agreement).

It includes the following documents:

- the Protocol on the fundamental principles for establishing peace and national accord in Tajikistan of 17 August 1995 (annex I);

- the Protocol on political questions of 18 May 1997 (annex II) and the related Agreement between the President of Tajikistan, Emomali Sharipovich Rakhmonov, and the leader of the United Tajik Opposition, Said Abdullo Nuri, on the results of the meeting held in Moscow on 23 December 1996 (annex III);

the Protocol on the main functions and powers of the Commission on National Reconciliation of 23 December 1996 (annex IV);

the Statute of the Commission on National Reconciliation, of 21 February 1997 (annex V);

the Additional Protocol to the Protocol on the main functions and powers of the Commission on National Reconciliation, of 21 February 1997 (annex VI);

- the Protocol on military issues (annex VII);

- the Protocol on refugees of 13 January 1997 (annex VIII);

- the Protocol on the guarantees of implementation of the General Agreement on the Establishment of Peace and National Accord in

Tajikistan, of 28 May 1997 (annex IX).

The President of Tajikistan and the leader of the United Tajik Opposition have agreed that the signing of the present General Agreement marks the

beginning of the phase of full and interconnected implementation of the agreements reached, which will put an end once and for all to the fratricidal

conflict in Tajikistan, ensure mutual forgiveness and amnesty, return the refugees to their homes, and create the conditions for the democratic

development of society, the holding of free elections and the restoration of the country's economy destroyed by the many years of conflict.

The highest national priorities of the country are peace and the national unity of all nationals of Tajikistan, regardless of their ethnic origin, political orientation, religion or regional affiliation.

The President of Tajikistan and the leader of the United Tajik Opposition have agreed to request the Secretary-General of the United Nations to provide assistance and cooperation in the comprehensive implementation of the General Agreement.

They have also agreed to request the Chairman-in-Office of the Organization for Security and Cooperation in Europe (OSCE), the Organization of the Islamic Conference (OIC) and the Governments of the guarantor States to provide cooperation in the implementation of the relevant provisions of the General Agreement.

The President of Tajikistan and the leader of the United Tajik Opposition have agreed to register the General Agreement with the United Nations

Secretariat in accordance with Article 102 of the Charter of the United Nations.

(Signed) E. RAKHMONOV President of Tajikistan

(Signed) A. NURI Leader of the United Tajik Opposition

(Signed) G. MERREM Special Representative of the Secretary-General of the United Nations

The Moscow Declaration, signed in Moscow on 27 June 1997

We, the President of Tajikistan, E. S. Rakhmonov, the leader of the United Tajik Opposition, S. A. Nuri, and the Special Representative of the Secretary-General of the United Nations, G. D. Merrem, have signed today in Moscow the General Agreement on the Establishment of Peace and National Accord in Tajikistan.

Thus, after five years of civil confrontation which became one of the most tragic pages in the centuries-long history of our country, the inter-Tajik talks on national reconciliation have been successfully concluded and the long-awaited day of the triumph of reason and hope for a peaceful future has dawned.

The President of Tajikistan and the leader of the United Tajik Opposition express their sincere gratitude to the United Nations, under the auspices and with the mediation of which the negotiating process has been proceeding for the past three years.

They express their conviction that the United Nations will provide Tajikistan with assistance and cooperation in the implementation of the agreements reached.

We are grateful to the observer countries at the inter-Tajik talks - Afghanistan, the Islamic Republic of Iran, Kazakstan, Kyrgyzstan, Pakistan, the

Russian Federation, Turkmenistan and Uzbekistan - for their cooperation in moving the talks forward and their all-round assistance during the years of our people's ordeal.

Agreement at the international level to guarantee the implementation of the Agreement strengthens our conviction that all the obligations it contains will be implemented in full within the agreed periods.

We greatly value the role of the Organization for Security and Cooperation in Europe and the Organization of the Islamic Conference in the inter-Tajik negotiating process, and express the hope that they too will provide cooperation in the implementation of the agreements reached.

We thank the Government of the Russian Federation and President B. N. Yeltsin personally for their great contribution to the Tajik settlement

and their cooperation in the successful conduct of the present meeting in Moscow.

As we enter on the new responsible phase of giving effect to the provisions of the General Agreement, we proclaim once again our desire for the speediest possible attainment of peace and national harmony in Tajikistan.

(Signed) E. RAKHMONOV President of Tajikistan

(Signed) A. NURI Leader of the United Tajik Opposition

(Signed) G. MERREM Special Representative of the Secretary-General of the United Nations

Protocol of Mutual Understanding between the President of Tajikistan,

E. S. Rakhmonov and the leader of the United Tajik Opposition, S. A. Nuri, signed in Moscow on 27 June 1997

The President of Tajikistan, E. S. Rakhmonov, and the leader of the United Tajik Opposition, S. A. Nuri, held a separate meeting in Moscow on 27 June 1997, to discuss issues associated with the strengthening of confidence-building measures between the Parties in the interests of advancing the process of national reconciliation in Tajikistan.

As a result of the meeting, the following agreements were reached:

(1) To convene in Moscow by 7 July 1997 the first meeting of the Commission on National Reconciliation to discuss and transmit for

consideration by the Parliament of Tajikistan the draft of the General Amnesty Act;

(2) In implementation of the provisions of the Bishkek Memorandum of 18 May 1997 (S/1997/385, annex II) regarding solution of the problems

of exchanging prisoners of war and imprisoned persons as an act of goodwill, to exchange by 15 July 1997 50 prisoners of war and

50 imprisoned persons, including all those detained since February 1997;

(3) Firmly condemning terrorism and confirming that their positions regarding joint action to combat it remain unchanged, the Parties have

agreed that they will not use the existing known facts and suspicions to discredit one another politically.

(Signed) E. S. RAKHMONOV The President of Tajikistan

(Signed) S. A. NURI The leader of the United Tajik Opposition

In the presence of:

(Signed) G. D. MERREM The Special Representative of the Secretary-General of the United Nations for Tajikistan

(Signed) E. M. PRIMAKOV The Minister for Foreign Affairs of the Russian Federation

(Signed) A. A. VELAYATI The Minister for Foreign Affairs of the Islamic Republic of Iran