Protocol on the fundamental Principles for establishing Peace and National Accord in Tajikistan

  • Country/entity
    Tajikistan
  • Region
    Europe and Eurasia
  • Agreement name
    Protocol on the fundamental Principles for establishing Peace and National Accord in Tajikistan
  • Date
    17 Aug 1995
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Tajikistani Civil War (1992 - 1997) )
  • Stage
    Pre-negotiation/process
  • Conflict nature
    Government
  • Peace process
    Tajikistan peace process
  • Parties
    (Signed) E. RAKHMONOV, President of the Republic of Tajikistan

    (Signed) A. NURI, Leader of the Tajik opposition
  • Third parties
    Page 3, Article 5,

    The texts of this Protocol, which were signed by Mr. Rakhmonov, thePresident of the Republic of Tajikistan, and Mr. Nuri, the leader of the Tajikopposition, were exchanged on 17 August 1995, through the intermediary of the Special Envoy of the Secretary-General, Mr. Ramiro Píriz-Ballón.
  • Description
    Government reaffirms committments to refrain from acting counter to agreement. Tajik opposition undertakes exclusively peaceful means. Both agree to future negotiations to aim at a series of protocols on: political problems; military problems; repatriation and reintegration; verification; guarantees for implementation; donors’ conference.


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
    Groups→Refugees/displaced persons→Substantive
    Page 2, Annex, Article 2

    The general agreement referred to shall consist of separate protocols onthe following groups of problems:

    ...

    (c) The voluntary, safe and dignified repatriation and reintegration ofrefugees, including legal, economic and social guarantees for their protection;

    ...

    (f) A donors’ conference for financing the programmes to reintegrate refugees, displaced persons and persons demobilized during the national reconciliation process, and also for providing necessary assistance in restoring the national economy, which has been destroyed by the civil war.
  • 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)
    Governance→Political institutions (new or reformed)→General references
    Page 2, Annex, Article 2

    The general agreement referred to shall consist of separate protocols on the following groups of problems:

    (a) Political problems, including a consultative forum of the peoples of Tajikistan, the functioning of all political parties and political movements and the participation of their representatives in the power structures, as well as the deepening of the democratization process in Tajik society;

    (b) Military problems, including reforms of the governmental power structures, and the disbandment, disarmament and reintegration of theopposition’s armed formations into the Government’s armed forces or Tajikistan’s civilian sector, in accordance with a timetable to be agreed upon at subsequent negotiations;
  • Elections

    No specific mention.

  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society
    Page 2, Annex, Article 2

    The general agreement referred to shall consist of separate protocols on the following groups of problems:

    (a) Political problems, including a consultative forum of the peoples of Tajikistan, the functioning of all political parties and political movements andthe participation of their representatives in the power structures, as well asthe deepening of the democratization process in Tajik society;
  • 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→General
    State level
    Page 2
    2 (a) states that parties agree to establish a protocol addressing political problems, including “…the functioning of all political parties and political movements and the participation of their representatives in the power structures.
  • Territorial power sharing

    No specific mention.

  • Economic power sharing

    No specific mention.

  • Military power sharing
    Power sharing→Military power sharing→Merger of forces
    Page 2, Annex, Article 2

    The general agreement referred to shall consist of separate protocols on the following groups of problems:

    ...

    (b) Military problems, including reforms of the governmental powerstructures, and the disbandment, disarmament and reintegration of the opposition’s armed formations into the Government’s armed forces or Tajikistan’s civilian sector, in accordance with a timetable to be agreed upon at subsequent negotiations;

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

    No specific mention.

  • Mobility/access
    Page 2, Article 2:
    ...
    c. The voluntary, safe and dignified repatriation and reintegration of refugees, including legal, economic and social guarantees for their protection;
    ...
  • Protection measures
    Rights related issues→Protection measures→Protection of groups
    Page 2, Article 2:
    ...
    c. The voluntary, safe and dignified repatriation and reintegration of refugees, including legal, economic and social guarantees for their protection;
  • 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
    Page 3, Annex, Article 2

    The general agreement referred to shall consist of separate protocols on the following groups of problems:

    ...

    (f) A donors’ conference for financing the programmes to reintegrate refugees, displaced persons and persons demobilized during the national reconciliation process, and also for providing necessary assistance in restoringthe national economy, which has been destroyed by the civil war.
  • Natural resources

    No specific mention.

  • International funds
    Page 3:
    (f) A donors’ conference for financing the programmes to reintegrate refugees, displaced persons and persons demobilized during the national reconciliation process, and also for providing necessary assistance in restoring the national economy, which has been destroyed by the civil war.
  • 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
    Security sector→Ceasefire→Ceasefire provision
    Page 3, Annex, Article 4

    Acting in the spirit of this Protocol and with a view to creating the necessary conditions for conducting further negotiations, the parties have agreed to extend the period of validity of the Agreement on a Temporary Cease-Fire and the Cessation of Other Hostilities on the Tajik-Afghan Border andwithin the Country for the next six months until 26 February 1996.
  • Police

    No specific mention.

  • Armed forces

    No specific mention.

  • DDR
    Security sector→DDR→DDR programmes
    Page 2, Annex, Article 2

    The general agreement referred to shall consist of separate protocols on the following groups of problems:

    ...

    (b) Military problems, including reforms of the governmental power structures, and the disbandment, disarmament and reintegration of the opposition’s armed formations into the Government’s armed forces or Tajikistan’s civilian sector, in accordance with a timetable to be agreed upon at subsequent negotiations;
  • 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
    1. venue for future negotiations to be agreed by parties with mediation by UN Special Envoy; 2.d. future agmt to establish commission to monitor and verify cmpliance by the parties with the general agmt, 2.e. with role to be played by UN, States and intl orgs acting as observers at inter-Tajik negotiations
  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism
    Page 2, Annex, Article 2

    The general agreement referred to shall consist of separate protocols on the following groups of problems:

    (d) A commission to monitor and verify compliance by the parties with the general agreement;

    (e) Guarantees for implementing the general agreement, including a possible role to be played by the United Nations, States and international organizations acting as observers at inter-Tajik negotiations;
  • Related cases

    No specific mention.

  • Source
    UN Peacemaker
    https://peacemaker.un.org/tajikistan-protocol-establishing-peace95

Protocol on the fundamental principles for establishing peace and national accord in Tajikistan

The President of the Republic of Tajikistan, Emomali Rakhmonov, and the leader of the Tajik opposition, Abdullo Nuri, strongly determined to ensure observance of the highest interests of the Tajik people, affirm that dialogue and cooperation are the essential ways to achieve stable peace in the country.

To this end, the Government undertakes to refrain from carrying out any acts that run counter to the provisions of the protocols being concluded and from adopting such laws or measures which may be incompatible with these protocols.

The Tajik opposition, for its part, undertakes to wage a political struggle by exclusively peaceful means in accordance with the laws in force in the Republic of Tajikistan and in conformity with the conditions and guarantees laid down in a general agreement on the establishment of peace and national accord in the country.

In this connection, the parties have agreed:

1. To conduct, beginning on 18 September 1995, a continual round of negotiations aimed at concluding, at the earliest possible date, a general

agreement on the establishment of peace and national accord in Tajikistan.

The venue for the negotiations shall be agreed upon by the parties through the mediation of the Special Envoy of the United Nations Secretary-General.

2. The general agreement referred to shall consist of separate protocols on the following groups of problems:

(a) Political problems, including a consultative forum of the peoples of Tajikistan, the functioning of all political parties and political movements and

the participation of their representatives in the power structures, as well as the deepening of the democratization process in Tajik society;

(b) Military problems, including reforms of the governmental power structures, and the disbandment, disarmament and reintegration of the

opposition’s armed formations into the Government’s armed forces or Tajikistan’s civilian sector, in accordance with a timetable to be agreed upon at subsequent negotiations;

(c) The voluntary, safe and dignified repatriation and reintegration of refugees, including legal, economic and social guarantees for their protection;

(d) A commission to monitor and verify compliance by the parties with the general agreement;

(e) Guarantees for implementing the general agreement, including a possible role to be played by the United Nations, States and international

organizations acting as observers at inter-Tajik negotiations;

(f) A donors’ conference for financing the programmes to reintegrate refugees, displaced persons and persons demobilized during the national

reconciliation process, and also for providing necessary assistance in restoring the national economy, which has been destroyed by the civil war.

3. The protocols on these groups of problems shall be integral parts of the general agreement, and this document shall be incorporated into it as the first protocol.

4. Acting in the spirit of this Protocol and with a view to creating the necessary conditions for conducting further negotiations, the parties have

agreed to extend the period of validity of the Agreement on a Temporary Cease-Fire and the Cessation of Other Hostilities on the Tajik-Afghan Border and within the Country for the next six months until 26 February 1996.

5. The texts of this Protocol, which were signed by Mr. Rakhmonov, the President of the Republic of Tajikistan, and Mr. Nuri, the leader of the Tajik

opposition, were exchanged on 17 August 1995, through the intermediary of the Special Envoy of the Secretary-General, Mr. Ramiro Píriz-Ballón.

(Signed) E. RAKHMONOV President of the Republic of Tajikistan

(Signed) A. NURI Leader of the Tajik opposition