Agreement between the President of the Republic of Tajikistan, E.S. Rakhmonov, and the leader of the United Tajik-Opposition, S.A.Huri, on the Results of the Meeting held in Moscow on 23 December 1996

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Country/entity: Tajikistan
Region: Europe and Eurasia
Agreement name: Agreement between the President of the Republic of Tajikistan, E.S. Rakhmonov, and the leader of the United Tajik-Opposition, S.A.Huri, on the Results of the Meeting held in Moscow on 23 December 1996
Date: 23 Dec 1996
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)Emomaii sharipovic RAKHMONOV, President of the Republic of Tajikistan

Signed) G. MERREM, Special Representative of the United Nations Secretary General in Tajikistan

(Signed) Said Abdullo Nuri, Leader of the United Tajik Opposition
Third parties: The President of the Republic of Tajikistan and the leader of the United Tajik Opposition express their gratitude to the representatives of the Russian Federation, the Islamic Republic of Iran, the Islamic State of Afghanistan, the other observer States and the inter-Tajik talks and the Secretary General of the United Nations, Mr. B. Boutros-Ghali and his special Representative, Mr. G. Merrem, for their hospitality and their cooperation in organizing the meeting in Moscow.
Description: The agreement is composed of two documents (Annex 1 and Annex 2) The first Annex sets a timetable of 12-18 months for completing of Inter-Tajik talks, notes establishment of Commission on National Reconciliation (see Protocol below) and also the ‘need to implement a universal amnesty and reciprocal pardoning of persons who took part in the military and political confrontation.' The second Annex establishes a Commission on National Reconciliation to (1) implement the agreements (2) create an atmosphere of trust and mutual forgiveness and (3) institute broad dialogue among the various political forces in the country. Specific tasks are assigned the commission, such as implementing measures for ‘safe and appropriate’ return of refugees, and designing proposals for amending legislation on political parties, movements and the mass media. The Commission is given the power to submit to referendum proposals for amendments and additions to the existing Constitution; to prepare a new law on elections; and to establish a transitional Central Commission on Elections and the Conduct of the Referendum.

Agreement document: TJ_961223_AgreementBweenRakhmonovandHuri.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 3, Annex 2:

For these purposes, the Commission is assigned the tasks of:

...

Implementing measures for the safe and appropriate return of the refugees, their active involvement in the social, political and economic life of the country and the provision of assistance in reconstruction of the housing and industrial and agricultural facilities destroyed by the 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: Page 3, Annex 2,

During the transition period the President and the Commission on National Reconciliation will exercise the following functions and powers:

Submission to a nationwide referendum of proposals for amendments and additions to the existing Constitution;

Preparation and submission for approval by Parliament, and if necessary also by a nationwide referendum, of a new law on elections to Parliament and the local representative bodies;
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 3, Annex 2:

For these purposes, the Commission is assigned the tasks of:

...

Developing proposals for amending the legislation on the functioning of political parties and movements and the mass media.

...
Governance→Political institutions (new or reformed)→Temporary new institutions
Page 1-2, Annex 2:

During the transition period the President and the Commission on National Reconciliation will exercise the following functions and powers:

...

Preparation and submission for approval by Parliament, and if necessary also by a nationwide referendum, of a new law on elections to Parliament and the local representative bodies;

Establishment for the transition period of a Central Commission on Elections and the Conduct of the Referendum;

Reform of the Government - inclusion of representatives of the opposition (the United Tajik Opposition) in the structures of executive authority, including ministries, departments, local authorities, judicial bodies and law enforcement agencies, in proportion to the representation of the parties in the Commission on National Reconciliation and taking into account the regional principle;

...

Submission for consideration by Parliament of proposals regarding the date for the holding of elections to a new professional Parliament, to be monitored by the United Nations and the Organization for Security and Cooperation in Europe (OSCE), with the participation of the observer countries at the inter-Tajik talks.
Elections: Page 4, Annex 2:

During the transition period the President and the Commission on National Reconciliation will exercise the following functions and powers:

...

Submission for consideration by Parliament of proposals regarding the date for the holding of elections to a new professional Parliament, to be monitored by the United Nations and the Organization for Security and Cooperation in Europe (OSCE), with the participation of the observer countries at the inter-Tajik talks.
Electoral commission: Page 1-2, Annex 2:

During the transition period the President and the Commission on National Reconciliation will exercise the following functions and powers:

...

Preparation and submission for approval by Parliament, and if necessary also by a nationwide referendum, of a new law on elections to Parliament and the local representative bodies;

Establishment for the transition period of a Central Commission on Elections and the Conduct of the Referendum;
Political parties reform: Governance→Political parties reform→Other political parties reform
Page 3, Annex 2:

For these purposes, the Commission is assigned the tasks of:

...

Developing proposals for amending the legislation on the functioning of political parties and movements and the mass media.
Civil society: [The Commission is to develop proposals for amending the legislation on the functioning of political parties and movement and the mass media; The commission is to submit to a nationwide referendum of proposals for amendments and additions to the existing constitution]

Page 3, Annex 2:

For these purposes, the Commission is assigned the tasks of:

...

Developing proposals for amending the legislation on the functioning of political parties and movements and the mass media.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 3, Annex 2:

During the transition period the President and the Commission on National Reconciliation will exercise the following functions and powers:

Submission to a nationwide referendum of proposals for amendments and additions to the existing Constitution;

Power sharing

Political power sharing: Power sharing→Political power sharing→General
State level
Page 3-4, Annex 2:

During the transition period the President and the Commission on National Reconciliation will exercise the following functions and powers:

...

Reform of the Government - inclusion of representatives of the opposition (the United Tajik Opposition) in the structures of executive authority, including ministries, departments, local authorities, judicial bodies and law enforcement agencies, in proportion to the representation of the parties in the Commission on National Reconciliation and taking into account the regional principle;
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 3, Annex 2:

For these purposes, the Commission is assigned the tasks of:

...

Developing proposals for amending the legislation on the functioning of political parties and movements and the mass media.
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 3-4, Annex 2:

During the transition period the President and the Commission on National Reconciliation will exercise the following functions and powers:

...

Reform of the Government - inclusion of representatives of the opposition (the United Tajik Opposition) in the structures of executive authority, including ministries, departments, local authorities, judicial bodies and law enforcement agencies, in proportion to the representation of the parties in the Commission on National Reconciliation and taking into account the regional principle;

Guidance and monitoring of the disbandment, disarmament and reintegration of the armed units of the opposition, and conduct of activities to reform the authorities responsible for the maintenance of law and order and the agencies of the Office of the Public Prosecutor;
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: Security sector→Ceasefire→Ceasefire provision
Page 1, Annex 1, para 7

From the date of signature of the prevent (sic) Agreement, to proclaim a ceasefire and the ceasefire and the cessation of other hostile activities for the entire period of the Inter-Tajik talks;
Police: Page 3-4, Annex 2:

During the transition period the President and the Commission on National Reconciliation will exercise the following functions and powers:

...

Reform of the Government - inclusion of representatives of the opposition (the United Tajik Opposition) in the structures of executive authority, including ministries, departments, local authorities, judicial bodies and law enforcement agencies, in proportion to the representation of the parties in the Commission on National Reconciliation and taking into account the regional principle;

Guidance and monitoring of the disbandment, disarmament and reintegration of the armed units of the opposition, and conduct of activities to reform the authorities responsible for the maintenance of law and order and the agencies of the Office of the Public Prosecutor;
Armed forces: No specific mention.
DDR: Security sector→DDR→DDR programmes
Page 3-4, Annex 2:

During the transition period the President and the Commission on National Reconciliation will exercise the following functions and powers:

...

Guidance and monitoring of the disbandment, disarmament and reintegration of the armed units of the opposition, and conduct of activities to reform the authorities responsible for the maintenance of law and order and the agencies of the Office of the Public Prosecutor;
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 4, Annex 2:

During the transition period the President and the Commission on National Reconciliation will exercise the following functions and powers:
...

Development of a mechanism for converting the military-political movements into political parties;
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 1, para 5

There is a need to implement a universal amnesty and reciprocal pardoning of persons who took part in the military and political confrontation from 1992 up to the time of adoption of the Amnesty Act;

Page 2, Annex 2:

During the transition period the President and the Commission on National Reconciliation will exercise the following functions and powers:

...

Adoption of a Reciprocal Pardon Act and drafting of an Amnesty Act to be adopted by Parliament and the Commission on National Reconciliation;
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: Page 3, Annex 2, para 6

To conduct within the shortest possible time a full exchange of prisoners of war and other prisoners. They requested the United Nations Mission of observers in Tajikistan and the International Committee of the Red Cross to extend the necessary assistance for the conduct of this humanitarian activity;

Page 4, Annex 2:

During the transition period the President and the Commission on National Reconciliation will exercise the following functions and powers:

...

Monitoring of the conduct of a full prisoners and forcibly detained persons;
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 1, Annex 1, Para 4

Rearing (sic) in mind that the signatures of the present Agreement marks the beginning of a qualitatively now (sic) phase in the attainment of peace and national accord, they have taken the policy decision to establish for the above-mentioned transition period a commission on National Reconciliation. A representative of the Tajik opposition will serve as Chairman of the Commission. The delegations to the talks are instructed to determine in the course of the next round, which are to begin in Tehran on 5 January 1997, the quantitative and personal composition of the Commission and Its specific functions and powers;

Page 3, Annex 2, para 1:

In connection with the beginning of a qualitatively new phase in the attainment of peace and national accord in Tajikistan and in accordance with the Agreement between the President of the Republic of Tajikistan, E. S. Rakhmonov, and the leader of the United Tajik Opposition, S. A. Nuri, the parties have taken the decision to establish for the transition period a Commission on National Reconciliation.

Page 3, Annex 2, para 2:

The main purposes of the Commission are the attainment of national reconciliation through the implementation of the agreements reached in the course of the inter-Tajik talks, the creation of an atmosphere of trust and mutual forgiveness, and the institution of a broad dialogue among the various political forces in the country in the interests of the restoration and strengthening of civil accord in Tajikistan

Page 4, Annex 2:

During the transition period the President and the Commission on National Reconciliation will exercise the following functions and powers:

...

Decisions adopted by the President and the Commission regarding issues of national reconciliation shall be binding on the authorities.

The activities of the Commission on National Reconciliation shall be conducted in close cooperation with the United Nations Mission of Observers and the OSCE Mission in Tajikistan.

The Commission on National Reconciliation shall cease its activities after the convening of the new Parliament and the establishment of its authorities.

Implementation

UN signatory: (Signed) G. D MERREM, Special Representative of the United Nations Secretary-General in Tajikistan
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 1, Annex 1, para 3

The Inter-Tajik talks and the implementation of the agreements reached during them must be completed within 12 to 18 months from the date of signature of the present Agreement;

Page 3, Annex 2:

For these purposes, the Commission is assigned the tasks of:

Devising a monitoring mechanism and monitoring compliance by the Parties with the agreements on the establishment of peace and national accord in the country jointly with the other organs established for that purpose;

Commission to devise monitoring mecahnism and monitoring compliance by the parties with the agmts on the establishment of peace and national ccod in the country jointly with the other organs established for the purpose. UN and OSCE to monitor new elections to parl, with participation of other oberver countries. The activites of the Commission to be conducted in close cooperation with UN mission and the OSCE mission
Related cases: No specific mention.
Source: Open Society Foundations:

http://www.soros.org/

Agreement between the President of the Republic of Tajikistan, E. S. Rakhmonov, and the leader of the United Tajik-Opposition, S. A. Hori, on the results of the meeting held in Moscow on 23 December 1996

The President of the Republic ofTajikintan, Emomali Sharipovich Rakhmonov, and the leader of the United Tajik Opposition, said Abdullo Nuri, understanding the ruinous nature of the military and political confrontation and aware of the high responsibility for the future of the Tajik people and State, having met in Moscow on 23 December 1996, have agreed as following:

The Inter-Tajik talks and the implementation of the agreements reached during them must be completed within 12 to 18 months from the date of signature of the present Agreement;

Bearing in mind that the signature of the present Agreement marks the beginning of a qualitatively now phase in the attainment of peace and national accord, they have taken the policy decision to establish for the above-mentioned transition period a commission on National Reconciliation.

A representative of the Tajik opposition will serve an Chairman of the Commision.

The delegations to the talks are instructed to

determine in the course of the next round, which are to begin in Tehran on 5 January 1997, the quantitative and personal composition of the Commission and Its specific functions and powers;

There is a need to implement a universal amnesty and reciprocal pardoning of persons who took part in the military and political confrontation from 1992 up to the time of adoption of the Amnesty Act;

To conduct within the shortest possible time a full exchange of prisoners of war and other prisoners.

They requested the United Nations Mission of observers in Tajikistan and the International Committee of the Red Cross to extend the necessary assistance for the conduct of this humanitarian activity;

From the date of signature of the prevent Agreement, to proclaim a ceasefire and the cessation of other hostile activities for the entire period of the Inter-Tajik talks;

For the purposes of establishing peace in the country, they have given instructions to the delegations to the talks to conclude them by 1 July 1997 through the signature of the documents provided for in the Protocol on the fundamental principles for establishing peace and national accord in Tajikistan of 17 August 1995.

The President of the Republic of Tajikistan and the leader of the United Tajik Opposition express their gratitude to the representatives of the Russian Federation, the Islamic Republic of Iran, the Islamic State of Afghanistan, the other observer States at the inter- Tajik talks and the Secretary General of the United Nations, Mr. B. Boutros-Ghali and his special Representative, Mr. G. Merrem, for their hospitality and

their cooperation in organizing the meeting in Moscow.

(Signed) Emomaii sharipovich RAKHMONOV President of the Republic of Tajikistan

(Signed) G. MERREM Special Representative of the United Nations SecretaryGeneral in Tajikistan

(Signed) Said Abdulla NURI Leader of the United Tajik Opposition

Protocol on the main functions and powers of the Commission on National Reconciliation

In connection with the beginning of a qualitatively new phase in the attainment of peace and national accord in Tajikistan and in accordance with the Agreement between the President of the Republic of Tajikistan, E. S. Rakhmonov, and the leader of the United Tajik Opposition, S. A. Nuri, the parties have taken the decision to establish for the transition period a Commission on National Reconciliation.

The main purposes of the Commission are the attainment of national reconciliation through the implementation of the agreements reached in the

course of the inter-Tajik talks, the creation of an atmosphere of trust and mutual forgiveness, and the institution of a broad dialogue among the various political forces in the country in the interests of the restoration and strengthening of civil accord in Tajikistan.

For these purposes, the Commission is assigned the tasks of:

Devising a monitoring mechanism and monitoring compliance by the Parties with the agreements on the establishment of peace and national accord in the country jointly with the other organs established for that purpose;

Implementing measures for the safe and appropriate return of the refugees, their active involvement in the social, political and economic life of the

country and the provision of assistance in reconstruction of the housing and industrial and agricultural facilities destroyed by the war;

Developing proposals for amending the legislation on the functioning of political parties and movements and the mass media.

During the transition period the President and the Commission on National Reconciliation will exercise the following functions and powers:

Submission to a nationwide referendum of proposals for amendments and additions to the existing Constitution;

Preparation and submission for approval by Parliament, and if necessary also by a nationwide referendum, of a new law on elections to Parliament and the local representative bodies;

Establishment for the transition period of a Central Commission on Elections and the Conduct of the Referendum;

Reform of the Government - inclusion of representatives of the opposition (the United Tajik Opposition) in the structures of executive authority,

including ministries, departments, local authorities, judicial bodies and law enforcement agencies, in proportion to the representation of the parties in the Commission on National Reconciliation and taking into account the regional principle;

Guidance and monitoring of the disbandment, disarmament and reintegration of the armed units of the opposition, and conduct of activities to reform the authorities responsible for the maintenance of law and order and the agencies of the Office of the Public Prosecutor;

Monitoring of the conduct of a full exchange of prisoners of war, other prisoners and forcibly detained persons;

Adoption of a Reciprocal Pardon Act and drafting of an Amnesty Act to be adopted by Parliament and the Commission on National Reconciliation;

Development of a mechanism for converting the military-political movements into political parties;

Submission for consideration by Parliament of proposals regarding the date for the holding of elections to a new professional Parliament, to be monitored by the United Nations and the Organization for Security and Cooperation in Europe (OSCE), with the participation of the observer countries at the inter-Tajik talks.

Decisions adopted by the President and the Commission regarding issues of national reconciliation shall be binding on the authorities.

The activities of the Commission on National Reconciliation shall be conducted in close cooperation with the United Nations Mission of Observers and the OSCE Mission in Tajikistan.

The Commission on National Reconciliation shall cease its activities after the convening of the new Parliament and the establishment of its authorities.

The present Protocol forms an integral part of the Agreement signed in Moscow on 23 December 1996 by E. S. Rakhmonov, S. A. Nuri and G. D. Merrem.

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

(Signed) G. D. MERREM Special Representative of the United Nations Secretary-General in Tajikistan

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