Memorandum on the Bases for Normalization of Relations between the Republic of Moldova and Transdniestria

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Country/entity: Moldova
Transdniestria
Region: Europe and Eurasia
Agreement name: Memorandum on the Bases for Normalization of Relations between the Republic of Moldova and Transdniestria
Date: 8 May 1997
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Transdniestria War (1992)
Towards the end of the 1980s, nationalist movements became a leading force in the Moldovan Soviet Socialist Republic (SSR), which expressed intent on leaving the USSR. In 1988, the Popular Front of Moldova, demanded that the USSR make Moldovian the only official state language, thereby alienating Russian-speaking groups within the Republic. This was particularly the case with Transdniestria region where Russian-speakers (and Ukrainian-speakers) represented 53.8 per cent of the population. Furthermore, events during the Second World War helped define a historical identity for the Transdniestria region. Nonetheless, following the language laws, Slavic-backlash in the form of the Yedinstvo Movement began pressing for equal rights. Following the election of the nationalist Popular Front in the Spring of 1990, the Pridnestrovian Moldavian Soviet Socialist Republic was proclaimed by an unelected assembly in September. Wishing to maintain the territorial unity of the Moldavian SSR, Soviet President Mikhail Gorbachev intervened citing restriction on minority rights by Moldova and annulled the Pridnestrovian proclamation. Armed clashes broke out in March 1992 between Moldovian and Transdniestrian/Pridnestrovian forces. However, due to the slow devolution of Soviet authority (the armed forces had only been divided between the former republics in April 1992), the Russian Federation maintained 9,000 troops of the 14th Guards in Moldova, and they eventually intervened on behalf of Pridnestrovian forces in July 1992. A ceasefire was signed on 21 July, which has remained although the conflict remains unresolved despite attempts by the OSCE during the end of the 1990s.
Stage: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Moldova Transdniestria process
Parties: For the Republic of Moldova: P. Lucinschi
For Transdniestria: I. Smirnov
Third parties: For the Guarantor States:
For the Russian Federation: B. Yeltsin;
For Ukraine: L. Kuchma
In the presence of the Chairman-in-Office of the OSCE: N. Helveg Petersen
Description: This short agreement reaffirms commitments not to use or threaten force and to resolve differences through peaceful means with the assistance of the Russian Federation and Ukraine, the OSCE and the CIS. It defines these relations and the status of Transdniestria to be based on the principles of mutually agreed decisions, including the division and delegation of competencies and mutually assured guarantees. It also requests that the Russian Federation, Ukraine and the OSCE to continue their mediating efforts and reaffirmed continuance of activities for maintaining peace carried out by the Joint Peace-keeping forces in the Security Zone.

Agreement document: MD_970508_Memorandum on the bases for normalization of relations between the Republic of Moldova and Transdneistria.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 1, Untitled Preamble
...According prime importance to the realization of basic human rights and freedoms of the individual, notwithstanding ethnic origin, religious belief, political tenets, place of residence and other differences;...
Religious groups: Groups→Religious groups→Anti-discrimination
Page 1, Untitled Preamble
...According prime importance to the realization of basic human rights and freedoms of the individual, notwithstanding ethnic origin, religious belief, political tenets, place of residence and other differences;...
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: 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, 2.
The Parties shall continue the establishment between them of state-legal relations.
The Document, defining these relations, the status of Transdniestria, shall be based on the principles of mutually agreed decisions, including the division and delegation of competencies, and mutually assured guarantees. The Parties will proceed to the elaboration of this document immediately after the signing of this Memorandum, giving consideration to all previously achieved principled agreements, including those achieved on 17 June 1996.

Page 1, 3.
Transdniestria shall participate in the conduct of the foreign policy of the Republic of Moldova - a subject of international law - on questions touching its interests. Decision of such questions shall be taken by agreement of the Parties. Transdniestria has the right to unilaterally establish and maintain international contacts in the economic, scientific-technical and cultural spheres, and in other spheres by agreement of the Parties.
State configuration: Page 2, 11.
The Parties shall build their relations in the framework of a common state within the borders of the Moldavian SSR as of January of the year 1990.
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: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: UN Peacemaker YES

Coder NO
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, Untitled Preamble
...According prime importance to the realization of basic human rights and freedoms of the individual, notwithstanding ethnic origin, religious belief, political tenets, place of residence and other differences;...
Bill of rights/similar: No specific mention.
Treaty incorporation: Page 1, Untitled Preamble
...Reaffirming their commitment to the principles of the UN, OSCE, and generally recognized norms of international law, and also to the agreements reached previously between the Republic of Moldova and Transdniestria;...
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: 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: Page 2, 9.
The Parties reaffirm that activities for maintaining peace, carried out by the Joint Peace-keeping forces in the Security Zone in accordance with the agreement between the presidents of the Republic of Moldova and the Russian Federation dated 21 July 1992 “On the Principles of Peaceful Settlement of the Armed Conflict in the Transdniestrian Region of the Republic of Moldova” shall be continued.
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: 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: For the Guarantor States:
For the Russian Federation: B. Yeltsin;
For Ukraine: L. Kuchma
In the presence of the Chairman-in-Office of the OSCE: N. Helveg Petersen
Referendum for agreement: No specific mention.
International mission/force/similar: Page 2, 9.
The Parties reaffirm that activities for maintaining peace, carried out by the Joint Peace-keeping forces in the Security Zone in accordance with the agreement between the presidents of the Republic of Moldova and the Russian Federation dated 21 July 1992 “On the Principles of Peaceful Settlement of the Armed Conflict in the Transdniestrian Region of the Republic of Moldova” shall be continued.
Enforcement mechanism: Page 1, 1.
The Parties reaffirm their commitment not to resort to the use of force or the threat of force in their mutual relations. Any differences shall be resolved exclusively by peaceful means, through negotiations and consultations with the assistance and mediation of the Russian Federation and Ukraine, as guarantor States for the fulfillment of agreements achieved; of the OSCE and the assistance of the CIS [Commonwealth of Independent States].

Page 1, 5.
The Republic of Moldova and Transdniestria will act as mutual guarantors of the full and unconditional fulfillment of the agreements on relations between them.

Page 2, 6.
The Parties welcome the declaration of the Russian Federation and Ukraine about their readiness to act as Guarantor States for the observance of the provisions set forth in the respective documents about the status of Transdniestria and the agreements set forth in the present Memorandum.

Page 2, 7.
The Parties direct a request to the OSCE to continue its assistance for the compliance of the agreements between them.

Page 2, 8.
The Parties declare the necessity to elaborate a mechanism of guarantees by all the participants in the negotiating process.

Page 2, 10.
In the event of a violation of these agreements, the Parties have the right to address themselves to the Guarantors for the carrying out of consultations with the goal of taking measures for normalizing the situation.
Related cases: No specific mention.
Source: Available at: https://www.osce.org/moldova/42309

The Moscow Memorandum 8 May 1997

MEMORANDUM On the Bases for Normalization of Relations Between the Republic of Moldova and Transdneistria

The leadership of the Republic of Moldova and Transdniestria, hereinafter referred to as the Parties;

Proceeding from the necessity for the fastest and full solution of relations between the Republic of Moldova and Transdniestria exclusively through peaceful political means;

Reaffirming their commitment to the principles of the UN, OSCE, and generally recognized norms of international law, and also to the agreements reached previously between the Republic of Moldova and Transdniestria;

Recognizing the responsibility for securing civil peace, international concord, the strengthening of stability and security in this area of Europe;

According prime importance to the realization of basic human rights and freedoms of the individual, notwithstanding ethnic origin, religious belief, political tenets, place of residence and other differences;

Considering that uniting of their spiritual and material resources will speed the decision of common economic and social problems and will open the possibility for constructing a modern flourishing society through joint efforts;

Through the mediation of the Russian Federation, Ukraine and the OSCE Mission,

Have agreed to the following:

1. The Parties reaffirm their commitment not to resort to the use of force or the threat of force in their mutual relations.

Any differences shall be resolved exclusively by peaceful means, through negotiations and consultations with the assistance and mediation of the Russian Federation and Ukraine, as guarantor States for the fulfillment of agreements achieved;

of the OSCE and the assistance of the CIS [Commonwealth of Independent States].

2. The Parties shall continue the establishment between them of state-legal relations.

The Document, defining these relations, the status of Transdniestria, shall be based on the principles of mutually agreed decisions, including the division and delegation of competencies, and mutually assured guarantees.

The Parties will proceed to the elaboration of this document immediately after the signing of this Memorandum, giving consideration to all previously achieved principled agreements, including those achieved on 17 June 1996.

3. Transdniestria shall participate in the conduct of the foreign policy of the Republic of Moldova - a subject of international law - on questions touching its interests.

Decision of such questions shall be taken by agreement of the Parties.

Transdniestria has the right to unilaterally establish and maintain international contacts in the economic, scientific-technical and cultural spheres, and in other spheres by agreement of the Parties.

4. The Parties direct a request to the Russian Federation, Ukraine, and the OSCE to continue their mediating efforts for the achievement of a lasting and comprehensive normalization of relations between the Republic of Moldova and Transdniestria.

5. The Republic of Moldova and Transdniestria will act as mutual guarantors of the full and unconditional fulfillment of the agreements on relations between them.

6. The Parties welcome the declaration of the Russian Federation and Ukraine about their readiness to act as Guarantor States for the observance of the provisions set forth in the respective documents about the status of Transdniestria and the agreements set forth in the present Memorandum.

7. The Parties direct a request to the OSCE to continue its assistance for the compliance of the agreements between them.

8. The Parties declare the necessity to elaborate a mechanism of guarantees by all the participants in the negotiating process.

9. The Parties reaffirm that activities for maintaining peace, carried out by the Joint Peace-keeping forces in the Security Zone in accordance with the agreement between the presidents of the Republic of Moldova and the Russian Federation dated 21 July 1992 “On the Principles of Peaceful Settlement of the Armed Conflict in the Transdniestrian Region of the Republic of Moldova” shall be continued.

10. In the event of a violation of these agreements, the Parties have the right to address themselves to the Guarantors for the carrying out of consultations with the goal of taking measures for normalizing the situation.

11. The Parties shall build their relations in the framework of a common state within the borders of the Moldavian SSR as of January of the year 1990.

For the Republic of Moldova:

P. Lucinschi

For Transdniestria:

I. Smirnov

For the Guarantor States:

For the Russian Federation:

B. Yeltsin

For Ukraine:

L. Kuchma

In the presence of the Chairman-in-Office of the OSCE:

N. Helveg Petersen