Joint Statement by the Delegation of the Goverment of Tajikistan and the Delegation of the United Tajik Opposition

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Country/entity: Tajikistan
Region: Europe and Eurasia
Agreement name: Joint Statement by the Delegation of the Goverment of Tajikistan and the Delegation of the United Tajik Opposition
Date: 19 Jan 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) T. Nazarov, Head of the delegation of the Government of the Republic of Tajikistan

(Signed) Khoja Akbar TUPAJONZODAM, Head of delegation of the United Tajik opposition
Third parties: Signed Gerd Dietrick MERREM (The Special Representative of the United Nations Secretary-General for Tajikistan)

Observers: Iran, Kazakstan, Kyrgyzstan, Pakistan, Russian Federation, Turkmenistan, Uzbekistan, the OSCE, the Organization of the Islamic Conference
Description: Agreed on structure, composition and specific functions and powers of commission on national reconciliation and on the procedure for the adoption of the Reciprocal Pardon Act and Amnesty Act. Agreement was also reached concerning the commission on elections, the conduct of a referendum for the transition period and mechanism for including UTO representatives in the Government power structures. Agreement on continuing discussions on the question of the renewal of activity of the political parties and movements forming part of the UTO.

Agreement document: TJ_970119JointStatementGovTajikistanandTajikOpposition.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, para 1

For purposes of overcoming the consequences of the civil war and achieving peace and national accord, the parties signed the protocol on refugee questions, which forms an integral part of the general agreement on the establishment of peace in the country. The protocol determines the political and legal parameters for voluntary return of refugees and forcibly displaced persons to their homes in conditions of safety and dignity, their reintegration into the economic, political and social life of the country and also the restoration of their civil and property rights and the guaranteeing of their security.
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 1, para 4-6,

In the course of the round, progress was made in agreeing on the political problems.

Agreement was reached on three of the four political issues of principle:

...

(b) the central commission on elections and the conduct of the referendum for the transition period and the quota of representatives of the united Tajik Opposition in its membership;

(c) Reform of the Government and the mechanism for including representatives of the United Tajik Opposition in the power structures in accordance with a quota.
Elections: No specific mention.
Electoral commission: Page 1, para 4-6,

In the course of the round, progress was made in agreeing on the political problems.

Agreement was reached on three of the four political issues of principle:

...

(b) the central commission on elections and the conduct of the referendum for the transition period and the quota of representatives of the united Tajik Opposition in its membership;
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: Power sharing→Political power sharing→General
State level
Page 1, para 4-6,

In the course of the round, progress was made in agreeing on the political problems.

Agreement was reached on three of the four political issues of principle:

(b) the central commission on elections and the conduct of the referendum for the transition period and the quota of representatives of the united Tajik Opposition in its membership;

(c) Reform of the Government and the mechanism for including representatives of the United Tajik Opposition in the power structures in accordance with a quota.
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: No specific mention.
Mobility/access: Page 2, paragraph 1:
For the purposes of overcoming the consequences of the civil war and achieving peace and national accord, the parties signed the protocol on refugee questions, which forms an integral part of the general agreement on the establishment of peace in the country. The protocol determines the political and legal parameters for the voluntary return of refugees and forcibly displaced persons to their homes in conditions of safety and dignity, their reintegration into the economic, political and social life of the country and also the restoration of their civil and property rights and the guaranteeing of their security.
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: 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: 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: No specific mention.
Amnesty/pardon: Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 1, para 4-6,

In the course of the round, progress was made in agreeing on the political problems.

Agreement was reached on three of the four political issues of principle:

(a) The procedure for adoption of the Reciprocal Pardon Act and the Amnesty Act;
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: Secured agmt on specific issues arising from talks: a. the procedure for adoption of the Reciprocal Pardon Act and Amnesty act;
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 1, para 3,

The parties considered a draft statute of the commission on national reconciliation and agreed on the structure of the statue, as well as on the number of members of the commission- 27- and its specific functions and powers. Agreement was reached to continue discussion of issues relating to quotas in the commission and guarantees of the safety of its members.

Implementation

UN signatory: Talks occurred under UN auspices and with UNSRSG facilitation

Signed Gerd Dietrick MERREM (The Special Representative of the United Nations Secretary-General for Tajikistan)
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

January 1997 Joint Statement by the Delegation of the Government of Tajikistan and the Delegatlon of the United Tajik Opposition

Teheran, 5-19 January 1997.

On the instructions of the President of the Republic of Tajikistan, Emomali S. Rakhmonov, and the leader of the United Tajik Opposition, S. Abdulla Nuri, delegations of the parties conducted in Tehran from 5 to 19 January 1997, under United Nations auspices, talks on the issues specified in the agreement and protocol signed by them in Moscow on 23 December 1996.

The delegation of the Government of the Republic of Tajikistan was headed by the Minister for Foreign Affairs, Mr. Talbak Nazarov, and the delegation of the United Tajik Opposition by the First Deputy leader of the United Tajik Opposition, Mr. K. Akbar Turajonzodah.

The Special Representative of the United Nations Secretary-General for Tajikistan, Mr. Gerd D. Merrem, acted as facilitator in the course of the talks.

The talks were attended by observers from the Islamic State of

Afghanistan, the Islamic Republic of Iran, Kazakstan, Kyrgyzstan, Pakistan, the Russian Federation, Turkmenistan, Uzbekistan, the Organization for Security and Cooperation in Europe (OSCE) and the Organization of the Islamic Conference (OIC).

In accordance with the agreements reached, the parties conducted an in-depth discussion of issues relating to the size of the commission on national reconciliation, who should serve on it and its specific functions and powers.

In this context, they reviewed a draft protocol on political problems, of which the agreement and protocol of 23 December 1996 form integral parts.

The parties considered a draft statute of the commission on national reconciliation and agreed on the structure of the statute, as well as on the number of members of the commission - 27 - and its specific functions and powers.

Agreement was reached to continue discussion of issues relating to quotas in the commission and guarantees of the safety of its members.

In the course of the round, progress was made in agreeing on the protocol on political problems.

Agreement was reached on three of the four political issues of principle:

(a) The procedure for adoption of the Reciprocal Pardon Act and the Amnesty Act;

(b) The central commission on elections and the conduct of the referendum for the transition period and the quota of representatives of the United Tajik Opposition in its membership;

(c) Reform of the Government and the mechanism for including representatives of the United Tajik Opposition in the power structures in accordance with a quota.

The parties agreed to continue discussion of the question of renewal of the activity of the political parties and movements forming part of the United Tajik Opposition.

For purposes of overcoming the consequences of the civil war and achieving peace and national accord, the parties signed the protocol on refugee questions, which forms an integral part of the general agreement on the establishment of peace in the country.

The protocol determines the political and legal parameters for the voluntary return of refugees and forcibly displaced persons to their homes in conditions of safety and dignity, their reintegration into the economic, political and social life of the country and also the restoration of their civil and property rights and the guaranteeing of their security.

The parties agreed to conduct the next round of talks starting on 26 February 1997, in Moscow or Tehran, in line with the invitations of the Russian Federation and the Islamic Republic of Iran.

The parties expressed their deep gratitude to the leadership of the Islamic Republic of Iran for the hospitality and assistance extended for the organization and conduct of the talks in Tehran.

They also expressed their gratitude to the representatives of the observer States and international organizations for their cooperation and support in the course of the talks.

The delegations of the Government of the Republic of Tajikistan and the United Tajik Opposition express their sincere appreciation to the Special Representative of the Secretary-General of the United Nations for Tajikistan for his efforts to secure progress in the talks.

(Signed) Talbak NAZAROV Head of the delegation of the Republic of Tajikistan

(Signed) Khoja Akbar TURAJONZODAH Head of the delegation of the United Tajik Oppositon

(Signed) Gerd Dietrich MERREM