Decree of the Federation Council of the Russian Federation Federal Assembly: On the Situation in the Chechen Republic

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Country/entity: Russia
Chechnya
Region: Europe and Eurasia
Agreement name: Decree of the Federation Council of the Russian Federation Federal Assembly: On the Situation in the Chechen Republic
Date: 10 Oct 1996
Agreement status: Unilateral document
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Chechnya Conflicts (1991 - 2009)
The First Chechen War (1995 - 1997)
Following the collapse of the Soviet Union in 1991, relations between the Federal Russian government with the over 100 ethnic groups deteriorated as demands for autonomy became a major political issue. In March 1992, a federation treaty was drafted and by 1994 the treaty was signed between 87 of the 88 federal jurisdictions and central government, with Chechnya being the exception. The conflict erupted in 1991 following the death of the head of the Communist Party in Grozny when a faction of the USSR’s dissolved military stormed Party Headquarters. Russian forces failed to re-take Grozny and in 1993 the Chechen Republic of Ichkeria announced its independence. Violence and discrimination preceded economic stagnation as non-Chechnens fled the region, and eventually an undeclared civil war broke out as the Chechen opposition attempted a counter-coup against the Chechen ruler Dzhokhar Dudayev. Following the dissolution of the Chechen Parliament in June 1993, a state of emergency was declared, and in December that year an other coup was attempted by the opposition. Issues of sovereignty spurred an assault by Russian troops in December 1994, marking the start of the first Chechen War wherein Russian troops faced four years of insurgency until a ceasefire was unilaterally declared in 1996. A peace treaty was signed in 1997 and Russian forces withdrew.

The Second Chechen War (1999 - 2004)
The inter-war period was marked by economic desolation, corruption and crime. Political polarization was rife, and religious extremism flourished. In August 1999, the Islamic International Brigade led by Shamil Basayev invaded the Russian Republic of Dagestan seeking to found an Islamic State, thereby sparking the Second Chechen War. In response, the Russian Federation began a bombing campaign against the Chechen government and eventually re-took Grozny. An insurgency began following the fall of the Chechen government and separatist attacks spurred an increasingly harsh response from the Kremlin. By 2006, the main separatist leaders had been killed, and the republic has been run by the pro-Russian government led by Ramzan Kadyrov since 2007.
Stage: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Chechnya peace process
Parties: Federation Council of the Russian Federation Federal Assembly
Third parties: -
Description: -

Agreement document: RU_CRI_961010_Decree, On the situation in the CRI.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: Groups→Refugees/displaced persons→Substantive
Page 2, The Federation Council of the Federal Assembly of the Russian Federation decrees:
6. To recommend to the government of the Russian Federation to urgently elaborate and put to the State Duma of the Federal Assembly of the Russian Federation a draft federal law on apartment (housing) promissory notes for person who left the Chechen Republic during the period of the armed conflict, as well as envisage in the 1997 federal budget funds for the resettlement of forced refugees and resettlers.
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, following the Russian Federation’s commitments, under the international law to protect with all legal means the unity and territorial integrity of the state,

Page 1, underlining the inadmissibility of a unilateral change in the status of a component of the Russian Federation,

Page 1, confirming the constitutional status of the Chechen Republic as an inalienable part of the Russian Federation,

Page 1, drawing attention to the illegality of passing legal acts which contradict the Constitution of the Russian Federation, grossly violating the rights and liberties of man and citizen on the territory of the Chechen Republic,

Page 1, The Federation Council of the Federal Assembly of the Russian Federation decrees:
1. ... The bodies of state power of the Russian Federation and official shall carry out their activities on a peaceful settlement of the situation in the Chechen Republic in accordance with the Constitution of the Russian Federation which defines the Chechen Republic as a component of the Russian Federation, its inalienable part.

Page 2, The Federation Council of the Federal Assembly of the Russian Federation decrees:
5. To recommend to the government of the Russian Federation together with the legislative (representative) body of the Chechen Republic – a component of the Russian Federation – to come forward with a legislative initiative on the elaboration of a draft federal law “On a Federal Special Program on Rebuilding the Economy and the Social Sphere of the Chechen Republic.”

Page 2, The Federation Council of the Federal Assembly of the Russian Federation decrees:
7. To task member of Federation Council delegations to discuss with delegations of the Federal Assembly of the Russian Federation and international parliamentary organizations the situation in the Chechen Republic on condition that the dialogue should be based on mutual respect and the desire to as objectivity as possible depict what is happening, and the unconditional view of the Russian Federation as a sovereign state which guarantees its international law commitments.
State configuration: Page 1, recognizing the right of peoples for self-determination and their equality within the framework of a single multinational federative state,
Self determination: Page 1, recognizing the right of peoples for self-determination and their equality within the framework of a single multinational federative state,
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: Page 1, making a stand against all manifestations of separatism and terrorism,
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: No specific mention.
Territorial power sharing: Power sharing→Territorial power sharing→Autonomous regions
Page 1, The Federation Council of the Federal Assembly of the Russian Federation decrees:
1. ... To recognize it being necessary and in accordance with Articles 5, 11, 72, 77, and 78 of the Constitution of the Russian Federation to elaborate a draft agreement on the division of competence and powers between the bodies of state power of the Russian Federation and the legally elected bodies of power of the Chechen Republic.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 1, Guided by the provisions of the Constitution of the Russian Federation, expressing a firm intention to bring about a real protection of the rights and liberties of man and citizen on the entire territory of the Russian Federation,

Page 1, following the Russian Federation’s commitments, under the international law to protect with all legal means the unity and territorial integrity of the state,

Page 1, drawing attention to the illegality of passing legal acts which contradict the Constitution of the Russian Federation, grossly violating the rights and liberties of man and citizen on the territory of the Chechen Republic,
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: No specific mention.
Protection measures: Rights related issues→Protection measures→Protection of groups
Page 1, Guided by the provisions of the Constitution of the Russian Federation, expressing a firm intention to bring about a real protection of the rights and liberties of man and citizen on the entire territory of the Russian Federation,
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: Justice sector reform→Criminal justice and emergency law→Reform to specific laws
Page 1, drawing attention to the illegality of passing legal acts which contradict the Constitution of the Russian Federation, grossly violating the rights and liberties of man and citizen on the territory of the Chechen Republic,
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 2, The Federation Council of the Federal Assembly of the Russian Federation decrees:
5. To recommend to the government of the Russian Federation together with the legislative (representative) body of the Chechen Republic – a component of the Russian Federation – to come forward with a legislative initiative on the elaboration of a draft federal law “On a Federal Special Program on Rebuilding the Economy and the Social Sphere of the Chechen Republic.”
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 1, condemning the organisation of repressions and harassment in any form with regard to persons who uphold the interests of the Russian Federation,
Ceasefire: Security sector→Ceasefire→General commitments
Page 1, The Federation Council of the Federal Assembly of the Russian Federation decrees:
1. To approve the cessation of combat actions on the territory of the Chechen Republic.
To regard the documents signed on 31 August 1996 in the town of Khasavyurt as evidence of the sides’ readiness to resolve the conflict peacefully.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 2, The Federation Council of the Federal Assembly of the Russian Federation decrees:
2. To resolutely condemn unilateral violations by unlawful armed formations the understanding reached on a peaceful settlement of the conflict in the Chechen Republic, encroachment on security, life, freedom, and honour on the territory of the Chechen Republic.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: Page 1, making a stand against all manifestations of separatism and terrorism,

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: 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: Archived hard copy from C. Bell.

Decree of the Federation Council of the Russian Federation Federal Assembly;

“On the Situation in the Chechen Republic”

EVP Press Digest 10/10/1996

Guided by the provisions of the Constitution of the Russian Federation, expressing a firm intention to bring about a real protection of the rights and liberties of man and citizen on the entire territory of the Russian Federation,

support the measures on consolidation of civil peace and accord in the country,

making a stand against all manifestations of separatism and terrorism,

following the Russian Federation’s commitments, under the international law to protect with all legal means the unity and territorial integrity of the state,

underlining the inadmissibility of a unilateral change in the status of a component of the Russian Federation, recognizing the right of peoples for self-determination and their equality within the framework of a single multinational federative state,

confirming the constitutional status of the Chechen Republic as an inalienable part of the Russian Federation,

taking into account of the desire of the peoples of Russia for a peaceful settlement of the situation in the Chechen Republic,

showing concern at the future of the civilian population of the Chechen Republic,

seeking a consolidation of the bodies of state power of the Chechen Republic which have received their power from the people,

drawing attention to the illegality of passing legal acts which contradict the Constitution of the Russian Federation, grossly violating the rights and liberties of man and citizen on the territory of the Chechen Republic,

condemning the organisation of repressions and harassment in any form with regard to persons who uphold the interests of the Russian Federation,

The Federation Council of the Federal Assembly of the Russian Federation decrees:

1. To approve the cessation of combat actions on the territory of the Chechen Republic.

To regard the documents signed on 31 August 1996 in the town of Khasavyurt as evidence of the sides’ readiness to resolve the conflict peacefully.

The bodies of state power of the Russian Federation and official shall carry out their activities on a peaceful settlement of the situation in the Chechen Republic in accordance with the Constitution of the Russian Federation which defines the Chechen Republic as a component of the Russian Federation, its inalienable part.

To recognize it being necessary and in accordance with Articles 5, 11, 72, 77, and 78 of the Constitution of the Russian Federation to elaborate a draft agreement on the division of competence and powers between the bodies of state power of the Russian Federation and the legally elected bodies of power of the Chechen Republic.

2. To resolutely condemn unilateral violations by unlawful armed formations the understanding reached on a peaceful settlement of the conflict in the Chechen Republic, encroachment on security, life, freedom, and honour on the territory of the Chechen Republic.

3. To ask the president of the Russian Federation to task corresponding state bodies with urgently elaborating on the basis on the Constitution of the Russian Federation and approving a program of political, socioeconomic and organizational measures on ending the situation which has developed in the Chechen Republic.

4. To ask the Government of the Russian Federation and the Government of the Chechen Republic to inform the Federation Council of the Federal Assembly of the Russian Federation about the fulfilment of:

The agreement on the Fundamental Principles of Relations between the Russian Federation and the Chechen Republic of 8 December 1995,

The decree of the Government of the Russian Federation of 6 March 1996 No.

241 “On a Federal Special Program on Rebuilding the Economy and the Social Sphere of the Chechen Republic for 1996.”

5. To recommend to the government of the Russian Federation together with the legislative (representative) body of the Chechen Republic – a component of the Russian Federation – to come forward with a legislative initiative on the elaboration of a draft federal law “On a Federal Special Program on Rebuilding the Economy and the Social Sphere of the Chechen Republic.”

6. To recommend to the government of the Russian Federation to urgently elaborate and put to the State Duma of the Federal Assembly of the Russian Federation a draft federal law on apartment (housing) promissory notes for person who left the Chechen Republic during the period of the armed conflict, as well as envisage in the 1997 federal budget funds for the resettlement of forced refugees and resettlers.

7. To task member of Federation Council delegations to discuss with delegations of the Federal Assembly of the Russian Federation and international parliamentary organizations the situation in the Chechen Republic on condition that the dialogue should be based on mutual respect and the desire to as objectivity as possible depict what is happening, and the unconditional view of the Russian Federation as a sovereign state which guarantees its international law commitments.

8. To call the people of the North Caucasus, all the peoples of the Russian Federation to support in every way the started process of a peaceful resolution of the situation in the Chechen Republic.

9. This decree goes into force on the day of its passing.