Protocol on Political Issues

  • Country/entity
    Tajikistan
  • Region
    Europe and Eurasia
  • Agreement name
    Protocol on Political Issues
  • Date
    18 May 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 the Republic of Tajikistan

    (Signed) A. NURI, Leader of the United Tajik Opposition
  • Third parties
    (Signed) G. MERREM Special Representative of the Secretary-General
  • Description
    Agreement provides for concrete agreement on political issues addressed earlier, namely: that the President and the Commission on National Reconciliation should adopt a ‘reciprocal forgiveness and amnesty law’; that 25% of the members of the Central Election Commission should be UTO members during the transition period; for reform of government in accordance with a UTO quota; and that all prohibitions and restrictions on the activity of political parties and movements of the UTO be lifted after the completion of phase two of the implementation of the protocol on military issues.


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

    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

    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
    Page 2, ANNEX I, para 2

    ...

    The Central Electoral Commission on Elections and the Holding of a Referendum shall be established for a transitional period with the inclusion in its membership of 25 per cent of the representatives of the United Tajik Opposition and shall conduct the elections and referendum before the beginning of the work of the new professional Parliament and the establishment of the new Central Electoral Commission of the Republic of Tajikistan.
  • 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)
    Governance→Political institutions (new or reformed)→General references
    Page 2, ANNEX I, para 3

    The reform of the Government shall be carried out by incorporating representatives of the United Tajik Opposition into the structures of the executive branch, including ministries, departments, local government bodies and judicial and law-enforcement bodies on the basis of a quota. The candidates put forward shall be appointed in accordance with a proposal by the United Tajik Opposition following consultations between the President and the Chairman of the Commission on National Reconciliation.
  • Elections
    Page 2, ANNEX I, para 2

    The Central Electoral Commission on Elections and the Holding of a Referendum shall be established for a transitional period with the inclusion in its membership of 25 per cent of the representatives of the United Tajik Opposition and shall conduct the elections and referendum before the beginning of the work of the new professional Parliament and the establishment of the new Central Electoral Commission of the Republic of Tajikistan.
  • Electoral commission
    Page 2, ANNEX I, para 2

    The Central Electoral Commission on Elections and the Holding of a Referendum shall be established for a transitional period with the inclusion in its membership of 25 per cent of the representatives of the United Tajik Opposition and shall conduct the elections and referendum before the beginning of the work of the new professional Parliament and the establishment of the new Central Electoral Commission of the Republic of Tajikistan.
  • Political parties reform
    Governance→Political parties reform→Other political parties reform
    Page 2 (of pdf)
    4. The bans and restrictions on activities by the political parties and movements of the United Tajik Opposition and the mass information media shall be lifted by the authorities of Tajikistan after the completion of the second phase of the implementation of the Protocol on Military Questions. The political parties and movements of the United Tajik Opposition shall function within the framework of the Constitution and the laws in force of the Republic of Tajikistan and in accordance with the norms and guarantees set forth in the general agreement on the establishment of peace and national accord in the country.
    The President of the Republic of Tajikistan and the leader of the United Tajik Opposition, who are committed to the highest national interests of the
    Tajik people, unanimously agreed that the previous negotiation process and the agreements concluded during it constitute a solid basis for bringing the political situation in the Republic to the level of peaceful, creative development. In this context, the next serious step forward was taken in
    solving the problems on the agenda of the inter-Tajik talks - a protocol on political questions was signed, which includes agreements on such basic issues as the adoption of the reciprocal-pardon act and the amnesty act; the inclusion of 25 per cent of the representatives of the United Tajik Opposition as members of the Central Electoral Commission for a transitional period; reforming the Government by including Opposition representatives in it on the basis of a quota; lifting the bans on activities by the political parties and movements of the United Tajik Opposition and the mass information media after the completion of the second phase in the implementation of the Protocol on Military Questions.
  • Civil society
    Page 2-3, ANNEX I, para 4

    4. The bans and restrictions on activities by the political parties and movements of the United Tajik Opposition and the mass information media shall be lifted by the authorities of Tajikistan after the completion of the second phase of the implementation of the Protocol on Military Questions. The political parties and movements of the United Tajik Opposition shall function within the framework of the Constitution and the laws in force of the Republic of Tajikistan and in accordance with the norms and guarantees set forth in the general agreement on the establishment of peace and national accord in the country.
  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution

    No specific mention.


Power sharing

  • Political power sharing
    Power sharing→Political power sharing→Executive coalition
    State level
    Page 2, ANNEX I, para 3

    The reform of the Government shall be carried out by incorporating representatives of the United Tajik Opposition into the structures of the executive branch, including ministries, departments, local government bodies and judicial and law-enforcement bodies on the basis of a quota. The candidates put forward shall be appointed in accordance with a proposal by the United Tajik Opposition following consultations between the President and the Chairman of the Commission on National Reconciliation.
  • 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

    No specific mention.

  • Detention procedures

    No specific mention.

  • Media and communication
    Rights related issues→Media and communication→Media roles
    Page 2-3, ANNEX I, para 4
    A
    4. The bans and restrictions on activities by the political parties and movements of the United Tajik Opposition and the mass information media shall be lifted by the authorities of Tajikistan after the completion of the second phase of the implementation of the Protocol on Military Questions. The political parties and movements of the United Tajik Opposition shall function within the framework of the Constitution and the laws in force of the Republic of Tajikistan and in accordance with the norms and guarantees set forth in the general agreement on the establishment of peace and national accord in the country.
  • 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 2, ANNEX I, para 3

    The reform of the Government shall be carried out by incorporating representatives of the United Tajik Opposition into the structures of the executive branch, including ministries, departments, local government bodies and judicial and law-enforcement bodies on the basis of a quota. The candidates put forward shall be appointed in accordance with a proposal by the United Tajik Opposition following consultations between the President and the Chairman of the Commission on National Reconciliation.
  • 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
    Page 2, ANNEX I, para 3

    The reform of the Government shall be carried out by incorporating representatives of the United Tajik Opposition into the structures of the executive branch, including ministries, departments, local government bodies and judicial and law-enforcement bodies on the basis of a quota. The candidates put forward shall be appointed in accordance with a proposal by the United Tajik Opposition following consultations between the President and the Chairman of the Commission on National Reconciliation.
  • 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
    Transitional justice→Amnesty/pardon→Amnesty/pardon proper
    Page 1, ANNEX I, para 1

    The president and the commission to adopt reciprocal pardon act in the first days of the commission's operation,

    Page 2, ANNEX I, para 1

    ...The parties also reached agreement on the following basic political questions:

    The President and the Commission on National Reconciliation shall adopt the reciprocal-pardon act as the first political decision to be taken during the initial days of the Commission's work. No later than one month after the adoption of the reciprocal-pardon act, the amnesty act shall be adopted.
  • 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
    (Signed) G. MERREM Special Representative of the Secretary-General
  • 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/

Protocol on Political Questions, signed in Bishkek on 18 May 1997

In order to achieve peace and national accord in the country and in accordance with the Protocol on the fundamental principles for establishing

peace and national accord in Tajikistan, of 17 August 1995, and the Agreement and Protocol on the Basic Functions and Powers of the Commission on National Reconciliation, of 23 December 1996, which was signed by the President of the Republic of Tajikistan, E. S. Rakhmonov, and the leader of the United Tajik Opposition, S. A. Nuri, the delegations of the Government of the Republic of Tajikistan and the United Tajik Opposition (hereinafter referred to as "the parties"), in implementation of instructions by the President and the leader of the United Tajik Opposition, have drawn up and adopted the Statute on the Commission on National Reconciliation, which is an integral part of this Protocol.

The Agreement and Protocol of 23 December 1996, which were signed in Moscow, are also an essential part of it.

The parties also reached agreement on the following basic political questions:

1. The President and the Commission on National Reconciliation shall adopt the reciprocal-pardon act as the first political decision to be taken

during the initial days of the Commission's work.

No later than one month after the adoption of the reciprocal-pardon act, the amnesty act shall be adopted.

2. The Central Electoral Commission on Elections and the Holding of a Referendum shall be established for a transitional period with the inclusion in its membership of 25 per cent of the representatives of the United Tajik Opposition and shall conduct the elections and referendum before the beginning of the work of the new professional Parliament and the establishment of the new Central Electoral Commission of the Republic of Tajikistan.

3. The reform of the Government shall be carried out by incorporating representatives of the United Tajik Opposition into the structures of the

executive branch, including ministries, departments, local government bodies and judicial and law-enforcement bodies on the basis of a quota.

The candidates put forward shall be appointed in accordance with a proposal by the United Tajik Opposition following consultations between the President and the Chairman of the Commission on National Reconciliation.

4. The bans and restrictions on activities by the political parties and movements of the United Tajik Opposition and the mass information media shall be lifted by the authorities of Tajikistan after the completion of the second phase of the implementation of the Protocol on Military Questions.

The political parties and movements of the United Tajik Opposition shall function within the framework of the Constitution and the laws in force of the Republic of Tajikistan and in accordance with the norms and guarantees set forth in the general agreement on the establishment of peace and national accord in the country.

(Signed) E. RAKHMONOV President of the Republic

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

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

Bishkek Memorandum, signed in Bishkek on 18 May 1997

The President of the Republic of Tajikistan, E. S. Rakhmonov, and the leader of the United Tajik Opposition, S. A. Nuri, met from 16 to 18 May 1997 in the capital of the Republic of Kyrgyzstan, Bishkek, in order to conduct an in-depth discussion of the issues being considered within the framework of the inter-Tajik talks.

The President of the Republic of Tajikistan and the leader of the United Tajik Opposition, who are committed to the highest national interests of the

Tajik people, unanimously agreed that the previous negotiation process and the agreements concluded during it constitute a solid basis for bringing the political situation in the Republic to the level of peaceful, creative development.

In this context, the next serious step forward was taken in

solving the problems on the agenda of the inter-Tajik talks - a protocol on political questions was signed, which includes agreements on such basic issues as the adoption of the reciprocal-pardon act and the amnesty act;

the inclusion of 25 per cent of the representatives of the United Tajik Opposition as members of the Central Electoral Commission for a transitional period;

reforming the Government by including Opposition representatives in it on the basis of a quota;

lifting the bans on activities by the political parties and movements of the United Tajik Opposition and the mass information media after the completion of the second phase in the implementation of the Protocol on Military Questions.

In the context of the provisions of the Protocol on Military Questions, agreement was also reached on deploying in Dushanbe a contingent of the armed units of the United Tajik Opposition numbering 460 persons and also 40 persons to protect the members of the Commission on National Reconciliation.

The President of the Republic of Tajikistan and the leader of the United Tajik Opposition agreed in subsequent talks held in Tehran and Moscow to solve the problem of exchanging prisoners of war and imprisoned persons in all its aspects and devise an appropriate mechanism for that purpose.

The President of the Republic of Tajikistan and the leader of the United Tajik Opposition agreed that, as a result of the Bishkek meeting, the obstacles that had arisen recently in the negotiation process had been eliminated and the prerequisites for successfully continuing the talks had been met.

They agreed that the Commission on National Reconciliation would begin its work immediately after the signing of the general agreement on peace and national accord in Tajikistan.

The President of the Republic of Tajikistan, E. Rakhmonov, the leader of the United Tajik Opposition, S. A. Nuri, and the Special Representative of the Secretary-General for Tajikistan, G. Merrem, expressed their profound appreciation to the President of the Kyrgyz Republic, A. Akaev, and the people of Kyrgyzstan for their hospitality and cordiality, the outstanding organization of the talks and the active assistance provided for their fruitful completion.

(Signed) E. RAKHMONOV President of the Republic

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

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