General Agreement on the Establishment of Peace and National Accord in Tajikistan

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Country/entity: Tajikistan
Region: Europe and Eurasia
Agreement name: General Agreement on the Establishment of Peace and National Accord in Tajikistan
Date: 27 Jun 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 Tajikistan

(Signed) A. NURI, Leader of the United Tajik Opposition
Third parties: (Signed) G. MERREM, Special Representative of the Secretary-General of the United Nations
Description: Between 1994 and 1997 a series of Protocols were agreed and signed between the parties (Protocol on the fundamental principles for establishing peace and national accord in Tajikistan of 17 August 1995; Protocol on political questions of 18 May 1997 (annex II)2 and the related Agreement between the President of Tajikistan, Emomali Sharipovich Rakhmonov, and the leader of the United Tajik Opposition, Said Abdullo Nuri, on the results of the meeting held in Moscow on 23 December 1996 (annex III);3 the Protocol on the main functions and powers of the Commission on National Reconciliation of 23 December 1996; the Statute of the Commission on National Reconciliation, of 21 February 1997; the Additional Protocol to the Protocol on the main functions and powers of the Commission on National Reconciliation, of 21 February 1997; Protocol on military issues; Protocol on refugees; Protocol on the guarantees of implementation of the General Agreement on the Establishment of Peace and National Accord in Tajikistan) which, together with the present document, constitute General Agreement on the Establishmen of Peace and National Accord in Tajikstan. Signing this Agreement the parties recommit to the full implementation of the agreements signed thusfar. This agreement and coding reflect the general agreement head, and the two other agreements signed that day, the Moscow Declaration and the Protocol of Mutual Understanding between the President of Tajikistan, E. S. Rakhmonov and the leader of the United Tajik Opposition, S. A. Nuri. The Moscow Declaration: Rhetorical document, expressing thanks to the international involvement in securing the General Agreement on the Establishment of Peace and National Accord in Tajikistan, including the UN, Iran, Kazakstan, Kyrgyzstan, Pakistan, the Russian Federation, Turkmenistan and Uzbekistan, and the Organization for Security and Coperation in Europe, and the Organization of the Islamic Conference. Protocol of Mutual Understanding between the President of Tajikistan, E. S. Rakhmonov and the leader of the United Tajik Opposition, S. A. Nuri: Very short agreement. Parties agreed confidence-building measures and framework for future talks on amnesty and advancing national reconciliation, and exchange of prisoners of war and imprisoned persons as an act of goodwill by 15 July 1997.

Agreement document: TJ_970627_GeneralAgreementontheEstablishmentPeaceNationalAccordinTajikistan.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: Groups→Racial/ethnic/national group→Anti-discrimination
Page 2-3,
...The highest national priorities of the country are peace and the national unity of all nationals of Tajikistan, regardless of their ethnic origin, political orientation, religion or regional affiliation.
Religious groups: Groups→Religious groups→Anti-discrimination
Page 2-3,
...The highest national priorities of the country are peace and the national unity of all nationals of Tajikistan, regardless of their ethnic origin, political orientation, religion or regional affiliation.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Substantive
Page 2-3,
The President of Tajikistan and the leader of the United Tajik Opposition have agreed that the signing of the present General Agreement marks the beginning of the phase of full and interconnected implementation of the agreements reached, which will put an end once and for all to the fratricidal conflict in Tajikistan, ensure mutual forgiveness and amnesty, return the refugees to their homes, and create the conditions for the democratic development of society, the holding of free elections and the restoration of the country's economy destroyed by the many years of conflict. The highest national priorities of the country are peace and the national unity of all nationals of Tajikistan, regardless of their ethnic origin, political orientation, religion or regional affiliation.
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): No specific mention.
Elections: Page 2-3, Annex 1:

The President of Tajikistan and the leader of the United Tajik Opposition have agreed that the signing of the present General Agreement marks the beginning of the phase of full and interconnected implementation of the agreements reached, which will put an end once and for all to the fratricidal conflict in Tajikistan, ensure mutual forgiveness and amnesty, return the refugees to their homes, and create the conditions for the democratic development of society, the holding of free elections and the restoration of the country's economy destroyed by the many years of conflict. The highest national
priorities of the country are peace and the national unity of all nationals of Tajikistan, regardless of their ethnic origin, political orientation, religion or regional affiliation.
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: 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: Page 2-3, Annex 1

The President of Tajikistan and the leader of the United Tajik Opposition have agreed that the signing of the present General Agreement marks the beginning of the phase of full and interconnected implementation of the agreements reached, which will put an end once and for all to the fratricidal conflict in Tajikistan, ensure mutual forgiveness and amnesty, return the refugees to their homes, and create the conditions for the democratic development of society, the holding of free elections and the restoration of the country's economy destroyed by the many years of conflict. The highest national priorities of the country are peace and the national unity of all nationals of Tajikistan, regardless of their ethnic origin, political orientation, religion or regional affiliation.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: Page 3, Annex 1

The President of Tajikistan and the leader of the United Tajik Opposition have agreed to register the General Agreement with the United Nations Secretariat in accordance with Article 102 of the Charter of the United Nations.

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: Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
Page 2-3, Annex 1

The President of Tajikistan and the leader of the United Tajik Opposition have agreed that the signing of the present General Agreement marks the beginning of the phase of full and interconnected implementation of the agreements reached, which will put an end once and for all to the fratricidal conflict in Tajikistan, ensure mutual forgiveness and amnesty, return the refugees to their homes, and create the conditions for the democratic development of society, the holding of free elections and the restoration of the country's economy destroyed by the many years of conflict. The highest national priorities of the country are peace and the national unity of all nationals of Tajikistan, regardless of their ethnic origin, political orientation, religion or regional affiliation.
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: Page 6, As a result of the meeting, the following agreements were reached:
... (3) Firmly condemning terrorism and confirming that their positions regarding joint action to combat it remain unchanged, the Parties have agreed that they will not use the existing known facts and suspicions to discredit one another politically.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 2-3, Annex 1

The President of Tajikistan and the leader of the United Tajik Opposition have agreed that the signing of the present General Agreement marks the beginning of the phase of full and interconnected implementation of the agreements reached, which will put an end once and for all to the fratricidal conflict in Tajikistan, ensure mutual forgiveness and amnesty, return the refugees to their homes, and create the conditions for the democratic development of society, the holding of free elections and the restoration of the country's economy destroyed by the many years of conflict. The highest national priorities of the country are peace and the national unity of all nationals of Tajikistan, regardless of their ethnic origin, political orientation, religion or regional affiliation.

Page 6, Annex 3

As a result of the meeting, the following agreements were reached:

(1) To convene in Moscow by 7 July 1997 the first meeting of the Commission on National Reconciliation to discuss and transmit for consideration by the Parliament of Tajikistan the draft of the General Amnesty Act;
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: Page 6, Annex 3

(2) In implementation of the provisions of the Bishkek Memorandum of 18 May 1997 (S/1997/385, annex II) regarding solution of the problems of exchanging prisoners of war and imprisoned persons as an act of goodwill, to exchange by 15 July 1997 50 prisoners of war and 50 imprisoned persons, including all those detained since February 1997;
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 of the United Nations
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/

General Agreement on the Establishment of Peace and National Accord in Tajikistan, signed in Moscow on 27 June 1997

For the purposes of achieving peace and national accord in Tajikistan and overcoming the consequences of the civil war, inter-Tajik talks on national reconciliation have been conducted from April 1994 up until the present time under the auspices of the United Nations.

In the course of eight rounds of talks between delegations of the Government of Tajikistan and the United Tajik Opposition, hereinafter referred to as the Parties, six meetings between the President of Tajikistan and the leader of the United Tajik Opposition, and also three rounds of consultations between the delegations of the Parties, which took place in Almaty, Ashgabat, Bishkek, Islamabad, Kabul, Meshkhed (Islamic Republic of Iran), Moscow, Tehran and Khusdekh (Afghanistan), protocols were agreed and signed which, together with the present document, constitute the General

Agreement on the Establishment of Peace and National Accord in Tajikistan (the General Agreement).

It includes the following documents:

- the Protocol on the fundamental principles for establishing peace and national accord in Tajikistan of 17 August 1995 (annex I);

- the Protocol on political questions of 18 May 1997 (annex II) and the related Agreement between the President of Tajikistan, Emomali Sharipovich Rakhmonov, and the leader of the United Tajik Opposition, Said Abdullo Nuri, on the results of the meeting held in Moscow on 23 December 1996 (annex III);

the Protocol on the main functions and powers of the Commission on National Reconciliation of 23 December 1996 (annex IV);

the Statute of the Commission on National Reconciliation, of 21 February 1997 (annex V);

the Additional Protocol to the Protocol on the main functions and powers of the Commission on National Reconciliation, of 21 February 1997 (annex VI);

- the Protocol on military issues (annex VII);

- the Protocol on refugees of 13 January 1997 (annex VIII);

- the Protocol on the guarantees of implementation of the General Agreement on the Establishment of Peace and National Accord in

Tajikistan, of 28 May 1997 (annex IX).

The President of Tajikistan and the leader of the United Tajik Opposition have agreed that the signing of the present General Agreement marks the

beginning of the phase of full and interconnected implementation of the agreements reached, which will put an end once and for all to the fratricidal

conflict in Tajikistan, ensure mutual forgiveness and amnesty, return the refugees to their homes, and create the conditions for the democratic

development of society, the holding of free elections and the restoration of the country's economy destroyed by the many years of conflict.

The highest national priorities of the country are peace and the national unity of all nationals of Tajikistan, regardless of their ethnic origin, political orientation, religion or regional affiliation.

The President of Tajikistan and the leader of the United Tajik Opposition have agreed to request the Secretary-General of the United Nations to provide assistance and cooperation in the comprehensive implementation of the General Agreement.

They have also agreed to request the Chairman-in-Office of the Organization for Security and Cooperation in Europe (OSCE), the Organization of the Islamic Conference (OIC) and the Governments of the guarantor States to provide cooperation in the implementation of the relevant provisions of the General Agreement.

The President of Tajikistan and the leader of the United Tajik Opposition have agreed to register the General Agreement with the United Nations

Secretariat in accordance with Article 102 of the Charter of the United Nations.

(Signed) E. RAKHMONOV President of Tajikistan

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

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

The Moscow Declaration, signed in Moscow on 27 June 1997

We, the President of Tajikistan, E. S. Rakhmonov, the leader of the United Tajik Opposition, S. A. Nuri, and the Special Representative of the Secretary-General of the United Nations, G. D. Merrem, have signed today in Moscow the General Agreement on the Establishment of Peace and National Accord in Tajikistan.

Thus, after five years of civil confrontation which became one of the most tragic pages in the centuries-long history of our country, the inter-Tajik talks on national reconciliation have been successfully concluded and the long-awaited day of the triumph of reason and hope for a peaceful future has dawned.

The President of Tajikistan and the leader of the United Tajik Opposition express their sincere gratitude to the United Nations, under the auspices and with the mediation of which the negotiating process has been proceeding for the past three years.

They express their conviction that the United Nations will provide Tajikistan with assistance and cooperation in the implementation of the agreements reached.

We are grateful to the observer countries at the inter-Tajik talks - Afghanistan, the Islamic Republic of Iran, Kazakstan, Kyrgyzstan, Pakistan, the

Russian Federation, Turkmenistan and Uzbekistan - for their cooperation in moving the talks forward and their all-round assistance during the years of our people's ordeal.

Agreement at the international level to guarantee the implementation of the Agreement strengthens our conviction that all the obligations it contains will be implemented in full within the agreed periods.

We greatly value the role of the Organization for Security and Cooperation in Europe and the Organization of the Islamic Conference in the inter-Tajik negotiating process, and express the hope that they too will provide cooperation in the implementation of the agreements reached.

We thank the Government of the Russian Federation and President B. N. Yeltsin personally for their great contribution to the Tajik settlement

and their cooperation in the successful conduct of the present meeting in Moscow.

As we enter on the new responsible phase of giving effect to the provisions of the General Agreement, we proclaim once again our desire for the speediest possible attainment of peace and national harmony in Tajikistan.

(Signed) E. RAKHMONOV President of Tajikistan

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

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

Protocol of Mutual Understanding between the President of Tajikistan,

E. S. Rakhmonov and the leader of the United Tajik Opposition, S. A. Nuri, signed in Moscow on 27 June 1997

The President of Tajikistan, E. S. Rakhmonov, and the leader of the United Tajik Opposition, S. A. Nuri, held a separate meeting in Moscow on 27 June 1997, to discuss issues associated with the strengthening of confidence-building measures between the Parties in the interests of advancing the process of national reconciliation in Tajikistan.

As a result of the meeting, the following agreements were reached:

(1) To convene in Moscow by 7 July 1997 the first meeting of the Commission on National Reconciliation to discuss and transmit for

consideration by the Parliament of Tajikistan the draft of the General Amnesty Act;

(2) In implementation of the provisions of the Bishkek Memorandum of 18 May 1997 (S/1997/385, annex II) regarding solution of the problems

of exchanging prisoners of war and imprisoned persons as an act of goodwill, to exchange by 15 July 1997 50 prisoners of war and

50 imprisoned persons, including all those detained since February 1997;

(3) Firmly condemning terrorism and confirming that their positions regarding joint action to combat it remain unchanged, the Parties have

agreed that they will not use the existing known facts and suspicions to discredit one another politically.

(Signed) E. S. RAKHMONOV The President of Tajikistan

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

In the presence of:

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

(Signed) E. M. PRIMAKOV The Minister for Foreign Affairs of the Russian Federation

(Signed) A. A. VELAYATI The Minister for Foreign Affairs of the Islamic Republic of Iran