Protocol on the fundamental Principles for establishing Peace and National Accord in Tajikistan

Export agreement:

Export agreement coding (PDF)

Country/entity: Tajikistan
Region: Europe and Eurasia
Agreement name: Protocol on the fundamental Principles for establishing Peace and National Accord in Tajikistan
Date: 17 Aug 1995
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) E. RAKHMONOV, President of the Republic of Tajikistan

(Signed) A. NURI, Leader of the Tajik opposition
Third parties: Page 3, Article 5,

The texts of this Protocol, which were signed by Mr. Rakhmonov, thePresident of the Republic of Tajikistan, and Mr. Nuri, the leader of the Tajikopposition, were exchanged on 17 August 1995, through the intermediary of the Special Envoy of the Secretary-General, Mr. Ramiro Píriz-Ballón.
Description: Government reaffirms committments to refrain from acting counter to agreement. Tajik opposition undertakes exclusively peaceful means. Both agree to future negotiations to aim at a series of protocols on: political problems; military problems; repatriation and reintegration; verification; guarantees for implementation; donors’ conference.

Agreement document: TJ_950817_ProtocolFundamentalPrinciplesforEstablishingPeace.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, Annex, Article 2

The general agreement referred to shall consist of separate protocols onthe following groups of problems:

...

(c) The voluntary, safe and dignified repatriation and reintegration ofrefugees, including legal, economic and social guarantees for their protection;

...

(f) A donors’ conference for financing the programmes to reintegrate refugees, displaced persons and persons demobilized during the national reconciliation process, and also for providing necessary assistance in restoring the national economy, which has been destroyed by the civil 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: 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 2, Annex, Article 2

The general agreement referred to shall consist of separate protocols on the following groups of problems:

(a) Political problems, including a consultative forum of the peoples of Tajikistan, the functioning of all political parties and political movements and the participation of their representatives in the power structures, as well as the deepening of the democratization process in Tajik society;

(b) Military problems, including reforms of the governmental power structures, and the disbandment, disarmament and reintegration of theopposition’s armed formations into the Government’s armed forces or Tajikistan’s civilian sector, in accordance with a timetable to be agreed upon at subsequent negotiations;
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 2, Annex, Article 2

The general agreement referred to shall consist of separate protocols on the following groups of problems:

(a) Political problems, including a consultative forum of the peoples of Tajikistan, the functioning of all political parties and political movements andthe participation of their representatives in the power structures, as well asthe deepening of the democratization process in Tajik society;
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 2
2 (a) states that parties agree to establish a protocol addressing political problems, including “…the functioning of all political parties and political movements and the participation of their representatives in the power structures.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: Power sharing→Military power sharing→Merger of forces
Page 2, Annex, Article 2

The general agreement referred to shall consist of separate protocols on the following groups of problems:

...

(b) Military problems, including reforms of the governmental powerstructures, and the disbandment, disarmament and reintegration of the opposition’s armed formations into the Government’s armed forces or Tajikistan’s civilian sector, in accordance with a timetable to be agreed upon at subsequent negotiations;

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, Article 2:
...
c. The voluntary, safe and dignified repatriation and reintegration of refugees, including legal, economic and social guarantees for their protection;
...
Protection measures: Rights related issues→Protection measures→Protection of groups
Page 2, Article 2:
...
c. The voluntary, safe and dignified repatriation and reintegration of refugees, including legal, economic and social guarantees for their protection;
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: Page 3, Annex, Article 2

The general agreement referred to shall consist of separate protocols on the following groups of problems:

...

(f) A donors’ conference for financing the programmes to reintegrate refugees, displaced persons and persons demobilized during the national reconciliation process, and also for providing necessary assistance in restoringthe national economy, which has been destroyed by the civil war.
Natural resources: No specific mention.
International funds: Page 3:
(f) A donors’ conference for financing the programmes to reintegrate refugees, displaced persons and persons demobilized during the national reconciliation process, and also for providing necessary assistance in restoring the national economy, which has been destroyed by the civil war.
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 3, Annex, Article 4

Acting in the spirit of this Protocol and with a view to creating the necessary conditions for conducting further negotiations, the parties have agreed to extend the period of validity of the Agreement on a Temporary Cease-Fire and the Cessation of Other Hostilities on the Tajik-Afghan Border andwithin the Country for the next six months until 26 February 1996.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→DDR programmes
Page 2, Annex, Article 2

The general agreement referred to shall consist of separate protocols on the following groups of problems:

...

(b) Military problems, including reforms of the governmental power structures, and the disbandment, disarmament and reintegration of the opposition’s armed formations into the Government’s armed forces or Tajikistan’s civilian sector, in accordance with a timetable to be agreed upon at subsequent negotiations;
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: 1. venue for future negotiations to be agreed by parties with mediation by UN Special Envoy; 2.d. future agmt to establish commission to monitor and verify cmpliance by the parties with the general agmt, 2.e. with role to be played by UN, States and intl orgs acting as observers at inter-Tajik negotiations
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 2, Annex, Article 2

The general agreement referred to shall consist of separate protocols on the following groups of problems:

(d) A commission to monitor and verify compliance by the parties with the general agreement;

(e) Guarantees for implementing the general agreement, including a possible role to be played by the United Nations, States and international organizations acting as observers at inter-Tajik negotiations;
Related cases: No specific mention.
Source: UN Peacemaker
https://peacemaker.un.org/tajikistan-protocol-establishing-peace95

Protocol on the fundamental principles for establishing peace and national accord in Tajikistan

The President of the Republic of Tajikistan, Emomali Rakhmonov, and the leader of the Tajik opposition, Abdullo Nuri, strongly determined to ensure observance of the highest interests of the Tajik people, affirm that dialogue and cooperation are the essential ways to achieve stable peace in the country.

To this end, the Government undertakes to refrain from carrying out any acts that run counter to the provisions of the protocols being concluded and from adopting such laws or measures which may be incompatible with these protocols.

The Tajik opposition, for its part, undertakes to wage a political struggle by exclusively peaceful means in accordance with the laws in force in the Republic of Tajikistan and in conformity with the conditions and guarantees laid down in a general agreement on the establishment of peace and national accord in the country.

In this connection, the parties have agreed:

1. To conduct, beginning on 18 September 1995, a continual round of negotiations aimed at concluding, at the earliest possible date, a general

agreement on the establishment of peace and national accord in Tajikistan.

The venue for the negotiations shall be agreed upon by the parties through the mediation of the Special Envoy of the United Nations Secretary-General.

2. The general agreement referred to shall consist of separate protocols on the following groups of problems:

(a) Political problems, including a consultative forum of the peoples of Tajikistan, the functioning of all political parties and political movements and

the participation of their representatives in the power structures, as well as the deepening of the democratization process in Tajik society;

(b) Military problems, including reforms of the governmental power structures, and the disbandment, disarmament and reintegration of the

opposition’s armed formations into the Government’s armed forces or Tajikistan’s civilian sector, in accordance with a timetable to be agreed upon at subsequent negotiations;

(c) The voluntary, safe and dignified repatriation and reintegration of refugees, including legal, economic and social guarantees for their protection;

(d) A commission to monitor and verify compliance by the parties with the general agreement;

(e) Guarantees for implementing the general agreement, including a possible role to be played by the United Nations, States and international

organizations acting as observers at inter-Tajik negotiations;

(f) A donors’ conference for financing the programmes to reintegrate refugees, displaced persons and persons demobilized during the national

reconciliation process, and also for providing necessary assistance in restoring the national economy, which has been destroyed by the civil war.

3. The protocols on these groups of problems shall be integral parts of the general agreement, and this document shall be incorporated into it as the first protocol.

4. Acting in the spirit of this Protocol and with a view to creating the necessary conditions for conducting further negotiations, the parties have

agreed to extend the period of validity of the Agreement on a Temporary Cease-Fire and the Cessation of Other Hostilities on the Tajik-Afghan Border and within the Country for the next six months until 26 February 1996.

5. The texts of this Protocol, which were signed by Mr. Rakhmonov, the President of the Republic of Tajikistan, and Mr. Nuri, the leader of the Tajik

opposition, were exchanged on 17 August 1995, through the intermediary of the Special Envoy of the Secretary-General, Mr. Ramiro Píriz-Ballón.

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

(Signed) A. NURI Leader of the Tajik opposition