Memorandum on the Bases for Normalization of Relations between the Republic of Moldova and Transdniestria
- Country/entityMoldova
Transdniestria - RegionEurope and Eurasia
Europe and Eurasia - Agreement nameMemorandum on the Bases for Normalization of Relations between the Republic of Moldova and Transdniestria
- Date8 May 1997
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ()
- StageFramework/substantive - partial
- Conflict natureGovernment/territory
- Peace processMoldova Transdniestria process
- PartiesFor the Republic of Moldova: P. Lucinschi
For Transdniestria: I. Smirnov - Third partiesFor the Guarantor States:
For the Russian Federation: B. Yeltsin;
For Ukraine: L. Kuchma
In the presence of the Chairman-in-Office of the OSCE: N. Helveg Petersen - DescriptionThis short agreement reaffirms commitments not to use or threaten force and to resolve differences through peaceful means with the assistance of the Russian Federation and Ukraine, the OSCE and the CIS. It defines these relations and the status of Transdniestria to be based on the principles of mutually agreed decisions, including the division and delegation of competencies and mutually assured guarantees. It also requests that the Russian Federation, Ukraine and the OSCE to continue their mediating efforts and reaffirmed continuance of activities for maintaining peace carried out by the Joint Peace-keeping forces in the Security Zone.
Groups
- Children/youth
No specific mention.
- Disabled persons
No specific mention.
- Elderly/age
No specific mention.
- Migrant workers
No specific mention.
- Racial/ethnic/national groupGroups→Racial/ethnic/national group→Anti-discriminationPage 1, Untitled Preamble
...According prime importance to the realization of basic human rights and freedoms of the individual, notwithstanding ethnic origin, religious belief, political tenets, place of residence and other differences;... - Religious groupsGroups→Religious groups→Anti-discriminationPage 1, Untitled Preamble
...According prime importance to the realization of basic human rights and freedoms of the individual, notwithstanding ethnic origin, religious belief, political tenets, place of residence and other differences;... - 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
No specific mention.
- Men and boys
No specific mention.
- LGBTI
No specific mention.
- Family
No specific mention.
State definition
- Nature of state (general)Page 1, 2.
The Parties shall continue the establishment between them of state-legal relations.
The Document, defining these relations, the status of Transdniestria, shall be based on the principles of mutually agreed decisions, including the division and delegation of competencies, and mutually assured guarantees. The Parties will proceed to the elaboration of this document immediately after the signing of this Memorandum, giving consideration to all previously achieved principled agreements, including those achieved on 17 June 1996.
Page 1, 3.
Transdniestria shall participate in the conduct of the foreign policy of the Republic of Moldova - a subject of international law - on questions touching its interests. Decision of such questions shall be taken by agreement of the Parties. Transdniestria has the right to unilaterally establish and maintain international contacts in the economic, scientific-technical and cultural spheres, and in other spheres by agreement of the Parties. - State configurationPage 2, 11.
The Parties shall build their relations in the framework of a common state within the borders of the Moldavian SSR as of January of the year 1990. - 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
No specific mention.
- Traditional/religious leaders
No specific mention.
- Public administration
No specific mention.
- Constitution
No specific mention.
Power sharing
- Political power sharingUN Peacemaker YES
Coder NO - 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 generalPage 1, Untitled Preamble
...According prime importance to the realization of basic human rights and freedoms of the individual, notwithstanding ethnic origin, religious belief, political tenets, place of residence and other differences;... - Bill of rights/similar
No specific mention.
- Treaty incorporationPage 1, Untitled Preamble
...Reaffirming their commitment to the principles of the UN, OSCE, and generally recognized norms of international law, and also to the agreements reached previously between the Republic of Moldova and Transdniestria;... - 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
No specific mention.
- 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
No specific mention.
- 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 GuaranteesPage 2, 9.
The Parties reaffirm that activities for maintaining peace, carried out by the Joint Peace-keeping forces in the Security Zone in accordance with the agreement between the presidents of the Republic of Moldova and the Russian Federation dated 21 July 1992 “On the Principles of Peaceful Settlement of the Armed Conflict in the Transdniestrian Region of the Republic of Moldova” shall be continued. - 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
No specific mention.
- Amnesty/pardon
No specific mention.
- Courts
No specific mention.
- Mechanism
No specific mention.
- Prisoner release
No specific mention.
- Vetting
No specific mention.
- Victims
No specific mention.
- Missing persons
No specific mention.
- Reparations
No specific mention.
- Reconciliation
No specific mention.
Implementation
- UN signatory
No specific mention.
- Other international signatoryFor the Guarantor States:
For the Russian Federation: B. Yeltsin;
For Ukraine: L. Kuchma
In the presence of the Chairman-in-Office of the OSCE: N. Helveg Petersen - Referendum for agreement
No specific mention.
- International mission/force/similarPage 2, 9.
The Parties reaffirm that activities for maintaining peace, carried out by the Joint Peace-keeping forces in the Security Zone in accordance with the agreement between the presidents of the Republic of Moldova and the Russian Federation dated 21 July 1992 “On the Principles of Peaceful Settlement of the Armed Conflict in the Transdniestrian Region of the Republic of Moldova” shall be continued. - Enforcement mechanismPage 1, 1.
The Parties reaffirm their commitment not to resort to the use of force or the threat of force in their mutual relations. Any differences shall be resolved exclusively by peaceful means, through negotiations and consultations with the assistance and mediation of the Russian Federation and Ukraine, as guarantor States for the fulfillment of agreements achieved; of the OSCE and the assistance of the CIS [Commonwealth of Independent States].
Page 1, 5.
The Republic of Moldova and Transdniestria will act as mutual guarantors of the full and unconditional fulfillment of the agreements on relations between them.
Page 2, 6.
The Parties welcome the declaration of the Russian Federation and Ukraine about their readiness to act as Guarantor States for the observance of the provisions set forth in the respective documents about the status of Transdniestria and the agreements set forth in the present Memorandum.
Page 2, 7.
The Parties direct a request to the OSCE to continue its assistance for the compliance of the agreements between them.
Page 2, 8.
The Parties declare the necessity to elaborate a mechanism of guarantees by all the participants in the negotiating process.
Page 2, 10.
In the event of a violation of these agreements, the Parties have the right to address themselves to the Guarantors for the carrying out of consultations with the goal of taking measures for normalizing the situation. - Related cases
No specific mention.
- SourceAvailable at: https://www.osce.org/moldova/42309
The Moscow Memorandum 8 May 1997
MEMORANDUM On the Bases for Normalization of Relations Between the Republic of Moldova and Transdneistria
The leadership of the Republic of Moldova and Transdniestria, hereinafter referred to as the Parties;
Proceeding from the necessity for the fastest and full solution of relations between the Republic of Moldova and Transdniestria exclusively through peaceful political means;
Reaffirming their commitment to the principles of the UN, OSCE, and generally recognized norms of international law, and also to the agreements reached previously between the Republic of Moldova and Transdniestria;
Recognizing the responsibility for securing civil peace, international concord, the strengthening of stability and security in this area of Europe;
According prime importance to the realization of basic human rights and freedoms of the individual, notwithstanding ethnic origin, religious belief, political tenets, place of residence and other differences;
Considering that uniting of their spiritual and material resources will speed the decision of common economic and social problems and will open the possibility for constructing a modern flourishing society through joint efforts;
Through the mediation of the Russian Federation, Ukraine and the OSCE Mission,
Have agreed to the following:
1. The Parties reaffirm their commitment not to resort to the use of force or the threat of force in their mutual relations.
Any differences shall be resolved exclusively by peaceful means, through negotiations and consultations with the assistance and mediation of the Russian Federation and Ukraine, as guarantor States for the fulfillment of agreements achieved;
of the OSCE and the assistance of the CIS [Commonwealth of Independent States].
2. The Parties shall continue the establishment between them of state-legal relations.
The Document, defining these relations, the status of Transdniestria, shall be based on the principles of mutually agreed decisions, including the division and delegation of competencies, and mutually assured guarantees.
The Parties will proceed to the elaboration of this document immediately after the signing of this Memorandum, giving consideration to all previously achieved principled agreements, including those achieved on 17 June 1996.
3. Transdniestria shall participate in the conduct of the foreign policy of the Republic of Moldova - a subject of international law - on questions touching its interests.
Decision of such questions shall be taken by agreement of the Parties.
Transdniestria has the right to unilaterally establish and maintain international contacts in the economic, scientific-technical and cultural spheres, and in other spheres by agreement of the Parties.
4. The Parties direct a request to the Russian Federation, Ukraine, and the OSCE to continue their mediating efforts for the achievement of a lasting and comprehensive normalization of relations between the Republic of Moldova and Transdniestria.
5. The Republic of Moldova and Transdniestria will act as mutual guarantors of the full and unconditional fulfillment of the agreements on relations between them.
6. The Parties welcome the declaration of the Russian Federation and Ukraine about their readiness to act as Guarantor States for the observance of the provisions set forth in the respective documents about the status of Transdniestria and the agreements set forth in the present Memorandum.
7. The Parties direct a request to the OSCE to continue its assistance for the compliance of the agreements between them.
8. The Parties declare the necessity to elaborate a mechanism of guarantees by all the participants in the negotiating process.
9. The Parties reaffirm that activities for maintaining peace, carried out by the Joint Peace-keeping forces in the Security Zone in accordance with the agreement between the presidents of the Republic of Moldova and the Russian Federation dated 21 July 1992 “On the Principles of Peaceful Settlement of the Armed Conflict in the Transdniestrian Region of the Republic of Moldova” shall be continued.
10. In the event of a violation of these agreements, the Parties have the right to address themselves to the Guarantors for the carrying out of consultations with the goal of taking measures for normalizing the situation.
11. The Parties shall build their relations in the framework of a common state within the borders of the Moldavian SSR as of January of the year 1990.
For the Republic of Moldova:
P. Lucinschi
For Transdniestria:
I. Smirnov
For the Guarantor States:
For the Russian Federation:
B. Yeltsin
For Ukraine:
L. Kuchma
In the presence of the Chairman-in-Office of the OSCE:
N. Helveg Petersen