Act on Mutual Forgiveness

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Country/entity: Tajikistan
Region: Europe and Eurasia
Agreement name: Act on Mutual Forgiveness
Date: 1 Jul 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: Pre-negotiation/process
Conflict nature: Government
Peace process: Tajikistan peace process
Parties: (signed) E. Sh. Rakhmonov, President of the Republic of Tajikistan

(signed) S. A. Nuri, Leader of the Tajik Opposition
Third parties: -
Description: Agreement adopting programme on mutual forgiveness, condemning use of mass media to fomen hostility. With view to facilitate the implementation of the Act on Mutual Forgiveness, all prisoners of war will be released.

Agreement document: TJ_970107Act on Mutual Forgiveness.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Rhetorical
Page 1, para 5,
In the names of orphans and widows, fathers and mothers, and all those who lost their relatives and loved ones;

Page 1, para 10,
May people work together in order to repair the damage of the war, ensure adequate care to orphans, widows, disabled and elderly and, by doing this, restore the feeling of friendship and respect in the society;
Disabled persons: Groups→Disabled persons→Rhetorical
Page 1, para 10
May people work together in order to repair the damage of the war, ensure adequate care to orphans, widows, disabled and elderly and, by doing this, restore the feeling of friendship and respect in the society;
Elderly/age: Groups→Elderly/age→Rhetorical
Page 1, para 10
May people work together in order to repair the damage of the war, ensure adequate care to orphans, widows, disabled and elderly and, by doing this, restore the feeling of friendship and respect in the society;
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: Page 1, para 5,

In the names of orphans and widows, fathers and mothers, and all those who lost their relatives and loved ones;

Page 1, para 10

May people work together in order to repair the damage of the war, ensure adequate care to orphans, widows, disabled and elderly and, by doing this, restore the feeling of friendship and respect in the society;
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: Page 1, para 5,

In the names of orphans and widows, fathers and mothers, and all those who lost their relatives and loved ones;

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): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 1, para 12

We condemn the use of mass media for the purpose of making appeals directed against reconciliation, as well as settling old scores and publicly accusing each other. From now on, the Government, the United Tajik Opposition parties and organisations, as well as other parties, movements and public organisations will be held responsible under the laws of the Republic of Tajikistan if they use force in order to settle political disputes.
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: 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, para 12

We condemn the use of mass media for the purpose of making appeals directed against reconciliation, as well as settling old scores and publicly accusing each other. From now on, the Government, the United Tajik Opposition parties and organisations, as well as other parties, movements and public organisations will be held responsible under the laws of the Republic of Tajikistan if they use force in order to settle political disputes.
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 1, para 12

We condemn the use of mass media for the purpose of making appeals directed against reconciliation, as well as settling old scores and publicly accusing each other. From now on, the Government, the United Tajik Opposition parties and organisations, as well as other parties, movements and public organisations will be held responsible under the laws of the Republic of Tajikistan if they use force in order to settle political disputes.
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 1, para 11
May the wrath of the Almighty fall on those who will dare to take revenge or subject people to persecution in connection with the past conflict and may they be damned by the nation. Such persons will be brought before courts.
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: 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: Page 1,
Aware of our historical responsibility for the past and present of our ancient country and with due respect for irrefutable rights and freedoms of each individual;
[...]
We forgive all those who took up arms and fought against each other during the period of the military and political confrontation;
May people work together in order to repair the damage of the war, ensure adequate care to orphans, widows, disabled and elderly and, by doing this, restore the feeling of friendship and respect in the society;
Amnesty/pardon: No specific mention.
Courts: Transitional justice→Courts→National courts
Page 1,
May the wrath of the Almighty fall on those who will dare to take revenge or subject people to persecution in connection with the past conflict and may they be damned by the nation. Such persons will be brought before courts.
Mechanism: No specific mention.
Prisoner release: Page 1, para 13

With the view to facilitate the implementation of the Act on Mutual Forgiveness, all prisoners of war will be released. Relevant documents will be adopted by the Commission on National Reconciliation and the Majlisi Oli (the Parliament) in order to ensure the freedom and security of those who participated in the political and military confrontation from 1992 up to the time of signing the present Act.
Vetting: No specific mention.
Victims: Page 1, para 3-4,

In memory of the pure souls of those who lost their lives;
In the memory of the victims of the period of confrontation and armed fighting;
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 1. para 8-10
The President of the Republic of Tajikistan and the Commission on National Reconciliation adopt and proclaim this Act on Mutual Forgiveness.
[...]
May people work together in order to repair the damage of the war, ensure adequate care to orphans, widows, disabled and elderly and, by doing this, restore the feeling of friendship and respect in the society;

We condemn the use of mass media for the purpose of making appeals directed against reconciliation, as well as settling old scores and publicly accusing each other.
From now on, the Government, the United Tajik Opposition parties and organisations, as well as other parties, movements and public organisations will be held responsible under the laws of the Republic of Tajikistan if they use force in order to settle political disputes.

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: Conciliation Resources Accord
http://www.c-r.org/accord-article/key-texts-accord-tajikistan

Act on Mutual Forgiveness

1997/07/01

In the name of our homeland, the Republic of Tajikistan, which is the successor of spiritual, moral and ethical traditions of statehood developed by Tajiks throughout ages;

In the name of the revival of prosperity of our beloved country, its unity and territorial integrity, independence and freedom

In memory of the pure souls of those who lost their lives;

In the memory of the victims of the period of confrontation and armed fighting;

In the names of orphans and widows, fathers and mothers, and all those who lost their relatives and loved ones;

Taking into considerations the will of the people of peace and national accord;

Aware of our historical responsibility for the past and present of our ancient country and with due respect for irrefutable rights and freedoms of each individual;

The President of the Republic of Tajikistan and the Commission on National Reconciliation adopt and proclaim this Act on Mutual Forgiveness.

We forgive all those who took up arms and fought against each other during the period of the military and political confrontation;

May people work together in order to repair the damage of the war, ensure adequate care to orphans, widows, disabled and elderly and, by doing this, restore the feeling of friendship and respect in the society;

May the wrath of the Almighty fall on those who will dare to take revenge or subject people to persecution in connection with the past conflict and may they be damned by the nation.

Such persons will be brought before courts.

We condemn the use of mass media for the purpose of making appeals directed against reconciliation, as well as settling old scores and publicly accusing each other.

From now on, the Government, the United Tajik Opposition parties and organisations, as well as other parties, movements and public organisations will be held responsible under the laws of the Republic of Tajikistan if they use force in order to settle political disputes.

With the view to facilitate the implementation of the Act on Mutual Forgiveness, all prisoners of war will be released.

Relevant documents will be adopted by the Commission on National Reconciliation and the Majlisi Oli (the Parliament) in order to ensure the freedom and security of those who participated in the political and military confrontation from 1992 up to the time of signing the present Act.

(signed) E. Sh.

Rakhmonov, President of the Republic of Tajikistan

(signed) S. A. Nuri, Leader of the Tajik Opposition