Protocol on the Joint Commission for the Implementation of the Agreement on a Provisional Ceasefire and the Cessation of Other Hostilities on the Tajik-Afghan Border and within the Country

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Country/entity: Tajikistan
Region: Europe and Eurasia
Agreement name: Protocol on the Joint Commission for the Implementation of the Agreement on a Provisional Ceasefire and the Cessation of Other Hostilities on the Tajik-Afghan Border and within the Country
Date: 1 Nov 1994
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: Ceasefire/related
Conflict nature: Government
Peace process: Tajikistan peace process
Parties: (Signed) A. DOSTIEV, Head of the delegation of the Republic of Tajikistan

(Signed) A. TURAJONZODAH, Head of the delegation of the Tajik opposition
Third parties: Signed by R. PIRIZ-BALLON, Special Envoy of the Secretary-General of the United Nations.
Description: Implements the Joint Commission, tasked to be principal body responsible for monitoring the implementation of the Ceasefire Agreement and sets out its composition, powers and functions, guarantees of security of the commission, its location and mandate, plus logistical support for its activities. Moreover, the Agreement mandates the role of the UN to verify any violations.

Agreement document: TJ_941101_ProtocolJointCommissionforImplementationProvisionalCeasefire.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: 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: Page 5, Joint communiqué on the results of the third round of inter-Tajik talks on national reconciliation, 1 November 1994, para 3

The parties confirmed their commitment to the spirit of the Tehran Agreement. In this regard, they paid attention to the need to provide additional security guarantees to the civilian population of the Karategin Valley by sending United Nations military observers to that area and by initiating action by international human rights organizations.
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: Page 5, Joint communiqué on the results of the third round of inter-Tajik talks on national reconciliation, 1 November 1994, para 3

The parties confirmed their commitment to the spirit of the Tehran Agreement. In this regard, they paid attention to the need to provide additional security guarantees to the civilian population of the Karategin Valley by sending United Nations military observers to that area and by initiating action by international human rights organizations.
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, III. Powers of the Joint Commission, Article 3.

The Joint Commission shall have the right to interpret the provisions of the Agreement on a provisional cease-fire and the cessation of other hostilities on the Tajik-Afghan border and within the country, and also to investigate possible violations of the Agreement by the Parties thereto. In its investigations, the Joint Commission shall have the right to request the submission, at the earliest possible time, of objective, complete and reliable information from any State body or official of the Republic of Tajikistan and also leaders and field commanders of the opposition. In the performance of their duties, the members of the Joint Commission should have free and unimpeded access to all officials of the Republic of Tajikistan and the leaders of the Tajik opposition.

Page 3, VI. Role of the United Nations in assisting the work of the Joint Commission, Article 6:

The Government of the Republic of Tajikistan and the Tajik opposition shall guarantee the safety and inviolability of the members of the Joint Commission in the performance of their duties. The members of the Joint Commission shall not be subject to detention or arrest and shall not be prosecuted for activities in which they engaged prior to their appointment to the Joint Commission or for acts relating to the performance of their duties as members of the Joint Commission. The Tajik Parties shall guarantee the inviolability of the official premises and living quarters in which the members of the Joint Commission and their families will work and live. The members of the Joint Commission shall have the right to safe and unimpeded travel within the territory of Tajikistan and, with the consent of the Islamic State of Afghanistan, in the territory of Afghanistan, in the areas where camps and bases of the Tajik opposition are situated. They will be accompanied by the United Nations observers. The members of the Joint Commission shall also have the right to maintain without hindrance all forms of communication with the Government of the Republic of Tajikistan and the leaders of the Tajik opposition.
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
(Agreement deals in its entirety with implementing a Joint Commission monitoring the ceasefire agreement).

Page 1, I. Purpose of the Joint Commission, Article 1

The Joint Commission, established in accordance with paragraph 5 of the Agreement on a provisional cease-fire and the cessation of other hostilities on the Tajik-Afghan border and within the country for the duration of the talks (hereinafter referred to as the "Joint Commission"), shall, by the decision of the Government of the Republic of Tajikistan and the Tajik opposition, be the principal body responsible for monitoring the implementation of the Agreement.

Page 1, II. Composition of the Joint Commission, Article 2.

The Joint Commission shall be established on the basis of equality and shall be composed of three representatives of the Government of the Republic of Tajikistan and three representatives of the Tajik opposition. One representative of each Party shall serve as co-chairman of the Joint Commission.

Page 1, III. Powers of the Joint Commission, Article 3.

The Joint Commission shall have the right to interpret the provisions of the Agreement on a provisional cease-fire and the cessation of other hostilities on the Tajik-Afghan border and within the country, and also to investigate possible violations of the Agreement by the Parties thereto. In its investigations, the Joint Commission shall have the right to request the submission, at the earliest possible time, of objective, complete and reliable information from any State body or official of the Republic of Tajikistan and also leaders and field commanders of the opposition. In the performance of their duties, the members of the Joint Commission should have free and unimpeded access to all officials of the Republic of Tajikistan and the leaders of the Tajik opposition.

Page 1-2, IV. Functions of the Joint Commission, Article 4.

The Joint Commission shall monitor the implementation by the Parties of the Agreement on a provisional cease-fire and the cessation of other hostilities on the Tajik-Afghan border and within the country; investigate cases of violations of the Agreement on the basis of objective information obtained during the investigation; and submit to the Government of the Republic of Tajikistan and the Tajik opposition, the United Nations and representatives of observers at the inter-Tajik talks proposals on ways of preventing such violations and of addressing their consequences.

Page 3, V. Functions of the Joint Commission, Article 5.

In the exercise of its functions, the Joint Commission shall cooperate with the United Nations Mission of Observers, the Conference on Security and Cooperation in Europe (CSCE) and the International Committee of the Red Cross (ICRC) in Tajikistan.

Page 3, VI. Role of the United Nations in assisting the work of the Joint Commission, Article 7

At the request of the Tajik Parties, which is contained in the Agreement, the United Nations shall, through the United Nations Mission of Observers in Tajikistan, assist the work of the Joint Commission. In accordance with the principle of independence and impartiality, United Nations observers shall monitor implementation of the Agreement by the Tajik Parties and shall investigate possible violations of the Agreement on a provisional cease-fire and the cessation of other hostilities. They shall assist the Joint Commission in drafting proposals on the prevention of such violations and shall submit such proposals to the Parties on their own initiative.
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: Page 5, Joint communiqué on the results of the third round of inter-Tajik talks on national reconciliation, 1 November 1994, para 4

In view of the noncompliance with paragraph 4 of the Agreement within the established time-frame, the parties reaffirmed their commitment to release, through the good offices of the International Committee of the Red Cross, equal numbers of detainees, prisoners and prisoners of war (27 persons on each side) before midnight on 5 November 1994, in accordance with the lists exchanged at the inter-Tajik consultations in Tehran on 12-17 September 1994. The Agreement will become null and void in the event of the failure by either party to fulfill these obligations before 6 November 1994 (the lists of the persons to be released are contained in annexes 1 and 2). The issue of releasing other supporters of the opposition and prisoners of war of the Republic of Tajikistan will be discussed during subsequent rounds of talks.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 5, Joint communiqué on the results of the third round of inter-Tajik talks on national reconciliation, 1 November 1994, para 1

The third round of inter-Tajik talks on national reconciliation, held under United Nations auspices with the participation of observers from Afghanistan, the Islamic Republic of Iran, Kazakhstan, Pakistan, the Russian Federation, Uzbekistan, CSCE and the Organization of the Islamic Conference, took place in Islamabad from 20 October to 1 November 1994...

Page 5, Joint communiqué on the results of the third round of inter-Tajik talks on national reconciliation, 1 November 1994, para 5

The parties reaffirmed their commitment to the settlement of the conflict through political means. In this regard, they agreed, in accordance with the principle of rotation, to hold the next round of talks in early December 1994 in Moscow, where they will continue their efforts to reach national reconciliation and to resolve all the issues listed in the agenda of the talks.

Implementation

UN signatory: Signed by R. PIRIZ-BALLON, Special Envoy of the Secretary-General of the United Nations.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 3, V. Functions of the Joint Commission, Article 5.

In the exercise of its functions, the Joint Commission shall cooperate with the United Nations Mission of Observers, the Conference on Security and Cooperation in Europe (CSCE) and the International Committee of the Red Cross (ICRC) in Tajikistan.

Page 4, VIII. Logistical support for the Joint Commission activities, Article 9

The Government of the Republic of Tajikistan pledges to provide logistical support for the Joint Commission, including providing office space, living quarters and board for the members of the Joint Commission on the territory of the Republic while the opposition provides the same on the territory of Afghanistan. The parties, with United Nations assistance, appeal to the collective peace-keeping forces of the Commonwealth of Independent States stationed on the territory of Tajikistan and to the international community for financial and logistical support for the Joint Commission. A trust fund to support the work of the Commission, established on the basis of voluntary contributions, will be administered by the United Nations mission in Tajikistan.
Enforcement mechanism: Page 1, I. Purpose of the Joint Commission, Article 1

The Joint Commission, established in accordance with paragraph 5 of the Agreement on a provisional cease-fire and the cessation of other hostilities on the Tajik-Afghan border and within the country for the duration of the talks (hereinafter referred to as the "Joint Commission"), shall, by the decision of the Government of the Republic of Tajikistan and the Tajik opposition, be the principal body responsible for monitoring the implementation of the Agreement.

Page 1-2, IV. Functions of the Joint Commission, Article 4.

The Joint Commission shall monitor the implementation by the Parties of the Agreement on a provisional cease-fire and the cessation of other hostilities on the Tajik-Afghan border and within the country; investigate cases of violations of the Agreement on the basis of objective information obtained during the investigation; and submit to the Government of the Republic of Tajikistan and the Tajik opposition, the United Nations and representatives of observers at the inter-Tajik talks proposals on ways of preventing such violations and of addressing their consequences.

Page 3, V. Guarantees of security, Article 6
The Government of the Republic of Tajikistan and the Tajik opposition shall guarantee the safety and inviolability of the members of the Joint Commission in the performance of their duties. The members of the Joint Commission shall not be subject to detention or arrest and shall not be prosecuted for activities in which they engaged prior to their appointment to the Joint Commission or for acts relating to the performance of their duties as members of the Joint Commission. The Tajik Parties shall guarantee the inviolability of the official premises and living quarters in which the members of the Joint Commission and their families will work and live. The members of the Joint Commission shall have the right to safe and unimpeded travel within the territory of Tajikistan and, with the consent of the Islamic State of Afghanistan, in the territory of Afghanistan, in the areas where camps and bases of the Tajik opposition are situated. They will be accompanied by the United Nations observers. The members of the Joint Commission shall also have the right to maintain without
hindrance all forms of communication with the Government of the Republic of Tajikistan and the leaders of the Tajik opposition.

Page 3, VI. Role of the United Nations in assisting the work of the Joint Commission, Article 7

At the request of the Tajik Parties, which is contained in the Agreement, the United Nations shall, through the United Nations Mission of Observers in Tajikistan, assist the work of the Joint Commission. In accordance with the principle of independence and impartiality, United Nations observers shall monitor implementation of the Agreement by the Tajik Parties and shall investigate possible violations of the Agreement on a provisional cease-fire and the cessation of other hostilities. They shall assist the Joint Commission in drafting proposals on the prevention of such violations and shall submit such proposals to the Parties on their own initiative.

Page 3, VII. Location and duration of the mandate of the Joint Commission, Article 8

The Joint Commission shall have its headquarters in Dushanbe. The Joint Commission shall be established for the duration of the validity of the Agreement on a provisional cease-fire and the cessation of other hostilities on the Tajik-Afghan border and within the country.
Related cases: No specific mention.
Source: UN Peacemaker:

http://peacemaker.un.org/

Protocol on the Joint Commission for the implementation of the Agreement on a provisional cease-fire and the cessation of other hostilities on the Tajik-Afghan border and within the country

I. Purpose of the Joint Commission

1. The Joint Commission, established in accordance with paragraph 5 of the Agreement on a provisional cease-fire and the cessation of other hostilities on the Tajik-Afghan border and within the country for the duration of the talks (hereinafter referred to as the "Joint Commission"), shall, by the decision of the Government of the Republic of Tajikistan and the Tajik opposition, be the principal body responsible for monitoring the implementation of the Agreement.

II. Composition of the Joint Commission

2. The Joint Commission shall be established on the basis of equality and shall be composed of three representatives of the Government of the Republic of Tajikistan and three representatives of the Tajik opposition.

One representative of each Party shall serve as co-chairman of the Joint Commission.

III. Powers of the Joint Commission

3. The Joint Commission shall have the right to interpret the provisions of the Agreement on a provisional cease-fire and the cessation of other hostilities on the Tajik-Afghan border and within the country, and also to investigate possible violations of the Agreement by the Parties thereto.

In its investigations, the Joint Commission shall have the right to request the submission, at the earliest possible time, of objective, complete and reliable information from any State body or official of the Republic of Tajikistan and also leaders and field commanders of the opposition.

In the performance of their duties, the members of the Joint Commission should have free and unimpeded access to all officials of the Republic of Tajikistan and the leaders of the Tajik opposition.

IV. Functions of the Joint Commission

4. The Joint Commission shall monitor the implementation by the Parties of the Agreement on a provisional cease-fire and the cessation of other hostilities on the Tajik-Afghan border and within the country;

investigate cases of violations of the Agreement on the basis of objective information obtained during the investigation;

and submit to the Government of the Republic of Tajikistan and the Tajik opposition, the United Nations and representatives of observers at the inter-Tajik talks proposals on ways of preventing such violations and of addressing their consequences.

5. In the exercise of its functions, the Joint Commission shall cooperate with the United Nations Mission of Observers, the Conference on Security and Cooperation in Europe (CSCE) and the International Committee of the Red Cross (ICRC) in Tajikistan.

V. Guarantees of security

6. The Government of the Republic of Tajikistan and the Tajik opposition shall guarantee the safety and inviolability of the members of the Joint Commission in the performance of their duties.

The members of the Joint Commission shall not be subject to detention or arrest and shall not be prosecuted for activities in which they engaged prior to their appointment to the Joint Commission or for acts relating to the performance of their duties as members of the Joint Commission.

The Tajik Parties shall guarantee the inviolability of the official premises and living quarters in which the members of the Joint Commission and their families will work and live.

The members of the Joint Commission shall have the right to safe and unimpeded travel within the territory of Tajikistan and, with the consent of the Islamic State of Afghanistan, in the territory of Afghanistan, in the areas where camps and bases of the Tajik opposition are situated.

They will be accompanied by the United Nations observers.

The members of the Joint Commission shall also have the right to maintain without hindrance all forms of communication with the Government of the Republic of

Tajikistan and the leaders of the Tajik opposition.

VI. Role of the United Nations in assisting the work of the Joint Commission

7. At the request of the Tajik Parties, which is contained in the Agreement, the United Nations shall, through the United Nations Mission of Observers in Tajikistan, assist the work of the Joint Commission.

In accordance with the principle of independence and impartiality, United Nations observers shall monitor implementation of the Agreement by the Tajik Parties and shall investigate possible violations of the Agreement on a provisional cease-fire and the cessation of other hostilities.

They shall assist the Joint Commission in drafting proposals on the prevention of such violations and shall submit such proposals to the Parties on their own initiative.

VII. Location and duration of the mandate of the Joint Commission

8. The Joint Commission shall have its headquarters in Dushanbe.

The Joint Commission shall be established for the duration of the validity of the

Agreement on a provisional cease-fire and the cessation of other hostilities on the Tajik-Afghan border and within the country.

VIII.

Logistical support for the Joint Commission activities

9. The Government of the Republic of Tajikistan pledges to provide logistical support for the Joint Commission, including providing office space, living quarters and board for the members of the Joint Commission on the territory of the Republic while the opposition provides the same on the territory of Afghanistan.

The parties, with United Nations assistance, appeal to the collective peace-keeping forces of the Commonwealth of Independent States stationed on the territory of Tajikistan and to the international community for financial and logistical support for the Joint Commission.

A trust fund to support the work of the Commission, established on the basis of voluntary contributions, will be administered by the United Nations mission in Tajikistan.

IX. Amendment and termination of applicability of provisions of the Protocol

10. The provisions contained in this Protocol and the procedure for their implementation by mutual agreement of the Tajik Parties, as well as the other parties mentioned in this Protocol that are affected by its individual provisions, may be amended or deleted so long as this Protocol remains in force.

(Signed) A. DOSTIEV Head of the delegation the Republic of Tajikistan:

(Signed) A. TURAJONZODAH Head of the delegation of the Tajik opposition

(Signed) R. PIRIZ-BALLON Special Envoy of the Secretary-General of the United Nations:

Joint communiqué on the results of the third round of inter-Tajik talks on national reconciliation

1 November 1994

The third round of inter-Tajik talks on national reconciliation, held under United Nations auspices with the participation of observers from Afghanistan, the Islamic Republic of Iran, Kazakhstan, Pakistan, the Russian Federation, Uzbekistan, CSCE and the Organization of the Islamic Conference, took place in Islamabad from 20 October to 1 November 1994.

The delegation of the Republic of Tajikistan was headed by Mr. Dostiev, First Deputy Chairman of the Supreme Council of the Republic of Tajikistan, and the delegation of the Tajik opposition by Mr. Turajonzodah, First Deputy Chairman of the Islamic Revival Movement of Tajikistan.

In the course of the negotiations, good offices were provided by Ambassador Ramiro Piriz-Ballon, Special Envoy of the Secretary- General of the United Nations.

The negotiations were businesslike and open.

Both parties demonstrated a will to solve complicated problems pertaining to the situation in Tajikistan in a constructive spirit.

They reached agreement on an extension of the Agreement on a temporary cease-fire and the cessation of other hostilities on the Tajik-Afghan border and within the country until 6 February 1995, and signed the Protocol on the Joint Commission for the implementation of the Agreement.

The parties confirmed their commitment to the spirit of the Tehran Agreement.

In this regard, they paid attention to the need to provide

additional security guarantees to the civilian population of the Karategin Valley by sending United Nations military observers to that area and by

initiating action by international human rights organizations.

In view of the noncompliance with paragraph 4 of the Agreement within the established time-frame, the parties reaffirmed their commitment to release, through the good offices of the International Committee of the Red Cross, equal numbers of detainees, prisoners and prisoners of war (27 persons on each side) before midnight on 5 November 1994, in accordance with the lists exchanged at the inter-Tajik consultations in Tehran on 12-17 September 1994.

The Agreement will become null and void in the event of the failure by either party to fulfil these obligations before 6 November 1994 (the lists of the persons to be released are contained in annexes 1 and 2).

The issue of releasing other supporters of the opposition and prisoners of war of the Republic of Tajikistan will be discussed during subsequent rounds of talks.

The parties reaffirmed their commitment to the settlement of the conflict through political means.

In this regard, they agreed, in accordance with the principle of rotation, to hold the next round of talks in early December 1994 in Moscow, where they will continue their efforts to reach national reconciliation and to resolve all the issues listed in the agenda of the talks.

The parties expressed their deep appreciation to the Government of Pakistan for its hospitality, assistance and support in the organization and conduct of the third round of talks in Islamabad.

The parties also expressed their appreciation to the Secretary-General of the United Nations and to his Special Envoy, Mr. Piriz-Ballon, as well as to the representatives of the observer States, CSCE and the Organization of the Islamic Conference at the talks for their help and support in conducting the inter-Tajik talks on national reconciliation.

(Signed) A. DOSTIEV Head of the delegation of the Republic of Tajikistan

(Signed) A. TURAJONZODAH Head of the delegation of the Tajik opposition

(Signed) R. PIRIZ-BALLON Special Envoy of the Secretary-General of the United Nations