Protocol on Political Issues

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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)
Ethnic marginalization formed a key feature in the Tajikistani Civil war when liberal democrat and Islamic groups from the Garm and Gorno-Badakhshan took up arms against the government of President Rahmon Nabiyev. Members of Nabiyev’s government were predominantly from the regions of Leninabad and Kulyab. Anti-government protestors took to the street following the 1991 presidential elections, which caused the government to hand out arms to pro-government militias. Following clashes, anti-government factions captured the President and forced him to resign at gun-point. A new government under the Kulyabi native, Emomali Rahmonov, who fended off democratic and Islamist militias. Eventually, with support from Islamist factions in Afghanistan, the opposition united under the United Tajik Opposition umbrella. In 1994, the UN deployed a peacekeeping force to monitor the 1994 ceasefire agreement. A peace agreement was signed in 1997 and completely removed the Leninabad ‘old guard’ from power.
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.

Agreement document: TJ_970518_ProtocolonPoliticalQuestions.pdf (opens in new tab) | Download PDF

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.