Protocol on Settlement of the Military and Political Situation in the areas of Confrontation

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Country/entity: Tajikistan
Region: Europe and Eurasia
Agreement name: Protocol on Settlement of the Military and Political Situation in the areas of Confrontation
Date: 11 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) Emomali Sharipovich RAKHMONOV, President of the Republic of Tajikistan

(Signed) Said Abdullo NURI, Leader of the United Tajik Opposition
Third parties: (Signed) Gerd Dietrich MERREM, Special Representative of the Secretary-General of the United Nations for Tajikistan
Description: Agreement to cease hostilities and withdraw from defined areas, restoration of governance in the area and a series of confidence-building measures.

Agreement document: TJ_961211_ProtocolSettlementMilitarPoliticalSituationInAreasOfConfrontation.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: 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): 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: Page 1, Article 5

For purposes of preventing valuables, weapons, narcotic substances and other items prevented by law from being smuggled in and out, a customs control post shall be established on the border between the Jirgatal region and the Republic of Kyrgyzstan, and also, by the forces of the Government and the United Tajik Opposition, a joint border post;

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→General references
Page 1-2, Article 6

The functioning of the lawful authorities in the territory of Tavildara, Komsomolabad, Garm, Tajikabad and Jirgatal regions shall be restored. In selecting and deploying troops and offices of the organs responsible forinternal affairs, preference shall be given to local professionally trained personnel. The United Tajik Opposition accepts and will not impede the normal functioning of the structures of power;
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: 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: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 1, Article 2

The parties shall withdraw their armed units and formations from the Dushanbe-Khorog highway. Towards Tavildara, they shall establish their posts respectively on both sides of the Karanak pass (the government post in sector N1 and the opposition post in the village of Saridasht). They request the United Nations Mission of Observers in Tajikistan to assign representatives to these posts as observers. Simultaneously, the armed formations of the United Tajik Opposition shall withdraw from the centre of Tavildara to the village of Dashti-Sher. The government forces shall remain on the summit of the Khaburobot passand in the Labi-Djar locality;

Page 1, Article 3

The parties shall remove their armed posts on the Dushanbe-Jirgatalhighway. The United Tajik Opposition shall withdraw its armed formations from the regional centres of Komsomolabad, Garm, Tajikabad and Jirgatal. The Ministry of Internal Affairs battalion shall remain at Garm at the location where it was previously stationed;
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: Security sector→Ceasefire→Ceasefire provision
Page 1, Article 1

Before the signing of the Agreement in Moscow, to halt all military action starting at 00 hours on 12 December 1996:

Page 1, Article 2

The parties shall withdraw their armed units and formations from the Dushanbe-Khorog highway. Towards Tavildara, they shall establish their posts respectively on both sides of the Karanak pass (the government post in sector N1 and the opposition post in the village of Saridasht). They request the United Nations Mission of Observers in Tajikistan to assign representatives to these posts as observers. Simultaneously, the armed formations of the United Tajik Opposition shall withdraw from the centre of Tavildara to the village of Dashti-Sher. The government forces shall remain on the summit of the Khaburobot passand in the Labi-Djar locality;

Page 1, Article 3

The parties shall remove their armed posts on the Dushanbe-Jirgatalhighway. The United Tajik Opposition shall withdraw its armed formations from the regional centres of Komsomolabad, Garm, Tajikabad and Jirgatal. The Ministry of Internal Affairs battalion shall remain at Garm at the location where it was previously stationed;
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, Article 2

The parties shall withdraw their armed units and formations from the Dushanbe-Khorog highway. Towards Tavildara, they shall establish their posts respectively on both sides of the Karanak pass (the government post in sector N1 and the opposition post in the village of Saridasht). They request the United Nations Mission of Observers in Tajikistan to assign representatives to these posts as observers. Simultaneously, the armed formations of the United Tajik Opposition shall withdraw from the centre of Tavildara to the village of Dashti-Sher. The government forces shall remain on the summit of the Khaburobot passand in the Labi-Djar locality;

Page 1, Article 3

The parties shall remove their armed posts on the Dushanbe-Jirgatalhighway. The United Tajik Opposition shall withdraw its armed formations from the regional centres of Komsomolabad, Garm, Tajikabad and Jirgatal. The Ministry of Internal Affairs battalion shall remain at Garm at the location where it was previously stationed;
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: Page 1, Article 5

For purposes of preventing valuables, weapons, narcotic substances and other items prevented by law from being smuggled in and out, a customs control post shall be established on the border between the Jirgatal region and the Republic of Kyrgyzstan, and also, by the forces of the Government and the United Tajik Opposition, a joint border post;
Drugs: Page 1, Article 5

For purposes of preventing valuables, weapons, narcotic substances and other items prevented by law from being smuggled in and out, a customs control post shall be established on the border between the Jirgatal region and the Republic of Kyrgyzstan, and also, by the forces of the Government and the United Tajik Opposition, a joint border post;
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: Page 1, Article 4

As a confidence-building measure, the United Tajik Opposition shall release the military personnel of the government forces taken prisoner or hostage in the course of the recent events in the Tavildara, Komsomolabad, Garm,Tajikabad and Jirgatal regions. The United Nations Mission of Observers in Tajikistan and the International Committee of the Red Cross shall be requested to assist in the conduct of this humanitarian action;
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) Gerd Dietrich MERREM, Special Representative of the Secretary-General of the United Nations for Tajikistan
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, Article 2

The parties shall withdraw their armed units and formations from the Dushanbe-Khorog highway. Towards Tavildara, they shall establish their posts respectively on both sides of the Karanak pass (the government post in sector N1 and the opposition post in the village of Saridasht). They request the United Nations Mission of Observers in Tajikistan to assign representatives to these posts as observers. Simultaneously, the armed formations of the United Tajik Opposition shall withdraw from the centre of Tavildara to the village of Dashti-Sher. The government forces shall remain on the summit of the Khaburobot passand in the Labi-Djar locality;
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: UN Peacemaker:

http://peacemaker.un.org/

Protocol on settlement of the military and political situation in the areas of confrontation, signed in northern Afghanistan on 11 December 1996

The President of the Republic of Tajikistan, Mr. Emomali S. Rakhmonov, and the leader of the United Tajik Opposition, Mr. S. Abdullo Nuri, condemn the recent marked deterioration in the military and political situation in the Karategin Valley and Tavildara areas of the Republic on the eve of their Moscow meeting, and have agreed as follows:

1. Before the signing of the Agreement in Moscow, to halt all military action starting at 00 hours on 12 December 1996;

2. The parties shall withdraw their armed units and formations from the Dushanbe-Khorog highway.

Towards Tavildara, they shall establish their posts respectively on both sides of the Karanak pass (the government post in sector N1 and the opposition post in the village of Saridasht).

They request the United Nations Mission of Observers in Tajikistan to assign representatives to these posts as observers.

Simultaneously, the armed formations of the United Tajik Opposition shall withdraw from the centre of Tavildara to the village of Dashti-Sher.

The government forces shall remain on the summit of the Khaburobot pass and in the Labi-Djar locality;

3. The parties shall remove their armed posts on the Dushanbe-Jirgatal highway.

The United Tajik Opposition shall withdraw its armed formations from the regional centres of Komsomolabad, Garm, Tajikabad and Jirgatal.

The Ministry of Internal Affairs battalion shall remain at Garm at the location where it was previously stationed;

4. As a confidence-building measure, the United Tajik Opposition shall release the military personnel of the government forces taken prisoner or

hostage in the course of the recent events in the Tavildara, Komsomolabad, Garm, Tajikabad and Jirgatal regions.

The United Nations Mission of Observers in Tajikistan and the International Committee of the Red Cross shall be requested to assist in the conduct of this humanitarian action;

5. For purposes of preventing valuables, weapons, narcotic substances and other items prevented by law from being smuggled in and out, a customs control post shall be established on the border between the Jirgatal region and the Republic of Kyrgyzstan, and also, by the forces of the Government and the United Tajik Opposition, a joint border post;

6. The functioning of the lawful authorities in the territory of Tavildara, Komsomolabad, Garm, Tajikabad and Jirgatal regions shall be restored.

In selecting and deploying troops and offices of the organs responsible for internal affairs, preference shall be given to local professionally trained

personnel.

The United Tajik Opposition accepts and will not impede the normal functioning of the structures of power;

7. Monitoring of the application of the present Protocol shall be the responsibility of the Joint Commission.

The United Nations Mission of Observers in Tajikistan shall be requested to assist in this respect;

8. The Protocol shall enter into force at the time of its signature.

(Signed) Emomali Sharipovich RAKHMONOV President of the Republic of Tajikistan

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

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