Dispute Resolution Committee: General Agreement on the Establishment of Peace and National Accord in Tajikistan

Protocol on the main functions and powers of the Commission on National Reconciliation (23 December 1996)

In connection with the beginning of a qualitatively new phase in the attainment of peace and national accord in Tajikistan and in accordance with the Agreement between the President of the Republic of Tajikistan, E. S. Rakhmonov, and the leader of the United Tajik Opposition, S. A. Nuri, the parties have taken the decision to establish for the transition period a Commission on National Reconciliation.

The main purposes of the Commission are the attainment of national reconciliation through the implementation of the agreements reached in the course of the inter-Tajik talks, the creation of an atmosphere of trust and mutual forgiveness, and the institution of a broad dialogue among the various political forces in the country in the interests of the restoration and strengthening of civil accord in Tajikistan.

For these purposes, the Commission is assigned the tasks of:

Devising a monitoring mechanism and monitoring compliance by the Parties with the agreements on the establishment of peace and national accord in the country jointly with the other organs established for that purpose;

Implementing measures for the safe and appropriate return of the refugees, their active involvement in the social, political and economic life of the country and the provision of assistance in reconstruction of the housing and industrial and agricultural facilities destroyed by the war;

Developing proposals for amending the legislation on the functioning of political parties and movements and the mass media.

During the transition period the President and the Commission on National Reconciliation will exercise the following functions and powers:

Submission to a nationwide referendum of proposals for amendments and additions to the existing Constitution;

Preparation and submission for approval by Parliament, and if necessary also by a nationwide referendum, of a new law on elections to Parliament and the local representative bodies;

Establishment for the transition period of a Central Commission on Elections and the Conduct of the Referendum;

Reform of the Government - inclusion of representatives of the opposition (the United Tajik Opposition) in the structures of executive authority, including ministries, departments, local authorities, judicial bodies and law enforcement agencies, in proportion to the representation of the parties in the Commission on National Reconciliation and taking into account the regional principle;

Guidance and monitoring of the disbandment, disarmament and reintegration of the armed units of the opposition, and conduct of activities to reform the authorities responsible for the maintenance of law and order and the agencies of the Office of the Public Prosecutor; Monitoring of the conduct of a full exchange of prisoners of war, other prisoners and forcibly detained persons;

Adoption of a Reciprocal Pardon Act and drafting of an Amnesty Act to be adopted by Parliament and the Commission on National Reconciliation;

Development of a mechanism for converting the military-political movements into political parties;

Submission for consideration by Parliament of proposals regarding the date for the holding of elections to a new professional Parliament, to be monitored by the United Nations and the Organization for Security and Cooperation in Europe (OSCE), with the participation of the observer countries at the inter-Tajik talks.

Decisions adopted by the President and the Commission regarding issues of national reconciliation shall be binding on the authorities.

The activities of the Commission on National Reconciliation shall be conducted in close cooperation with the United Nations Mission of Observers and the OSCE Mission in Tajikistan.

The Commission on National Reconciliation shall cease its activities after the convening of the new Parliament and the establishment of its authorities.

The present Protocol forms an integral part of the Agreement signed in Moscow on 23 December 1996 by E. S. Rakhmonov, S. A. Nuri and G. D. Merrem.

Implementation History

1997

Intermediate Implementation

The CNR was a commission representing both sides to monitor and implement the General Agreement and resolve disputes over implementation. Its first meeting took place between 7 and 11 July 1997, and the commission adopted an Act on Mutual Forgiveness. The Act was then adopted by the parliament on 1 August 1997.1  In its September meeting, the CNR started debates on changes to the constitution as well as extending position to UTO leaders.2 The CNR also started to work on settlement of IDPs and Refugees, IDPs and integration and reintegration of UTO combatants. The CNR was also responsible for resolving disputes regarding ceasefire violations and other matters.

  • 1. "Report of the Secretary-General on the Situation in Tajikistan," United Nations (S/1997/686), September 4, 1997.
  • 2. "Report of the Secretary-General on the Situation in Tajikistan," United Nations (S/1997/859), November 5, 1997.
1998

Intermediate Implementation

The CNR was operational in 1998 and the commision debated and drafted several amendments to the Tajikistani constitution.3

  • 3. Rahmatillo Zoir and Scott Newton, "Constitutional and Legislative Reform," in Politics of Compromise: the Tajikistan Peace Process, eds. K. Abdullaev and C. Barnes (London: Conciliation Resources), Accord 10:54-59.
1999

Full Implementation

The CNR remained active in 1999 and most of its mandates were met. Legislative reform was fully implemented. A new upper house of Parliament was established with regional representation on 30 June 1999. Religious political parties were allowed under amended article 28.4 

2000

Full Implementation

The last meeting of CNR took place on 26 March 2000. The meeting was attended by all stakeholders from both sides in presence of the Contact Group of Guarantor States and International Organizations. In the meeting, both sides acknowledged that some tasks mandated by the General Agreement remained unfinished, which could be addressed by appropriate Government bodies. The CNR was dissolved by presidential decree on 1 April 2000.

Parliamentary elections were held in 2000. Over 80 per cent of the members elected or appointed to the new upper house in the 2000 elections were executive branch officials who were allowed to run in the regional house elections.5 Several constitutional changes were passed by popular referendum in September 1999 with 72 percent of the vote. The major changes included the creation of a new upper house of Parliament, the lifting of the ban on UTO political parties and updating the process to amend the constitution by popular referendum.6

2001

Full Implementation

The CNR completed most of its tasks and disbanded in 2000.

2002

Full Implementation

No further developments observed.

2003

Full Implementation

No further developments observed.

2004

Full Implementation

No further developments observed.

2005

Full Implementation

No further developments observed.

2006

Full Implementation

No further developments observed.