Memorandum on the Bases for Normalization of Relations between the Republic of Moldova and Transdniestria

  • Country/entity
    Moldova
    Transdniestria
  • Region
    Europe and Eurasia
    Europe and Eurasia
  • Agreement name
    Memorandum on the Bases for Normalization of Relations between the Republic of Moldova and Transdniestria
  • Date
    8 May 1997
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Transdniestria War (1992) )
  • Stage
    Framework/substantive - partial
  • Conflict nature
    Government/territory
  • Peace process
    Moldova Transdniestria process
  • Parties
    For the Republic of Moldova: P. Lucinschi
    For Transdniestria: I. Smirnov
  • Third parties
    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
  • Description
    This 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 group
    Groups→Racial/ethnic/national group→Anti-discrimination
    Page 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 groups
    Groups→Religious groups→Anti-discrimination
    Page 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 configuration
    Page 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 sharing
    UN 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 general
    Page 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 incorporation
    Page 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 Guarantees
    Page 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 signatory
    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
  • Referendum for agreement

    No specific mention.

  • International mission/force/similar
    Page 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 mechanism
    Page 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.

  • Source
    Available 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