Judiciary Reform: General Agreement on the Establishment of Peace and National Accord in Tajikistan

Statute of the Commission on National Reconciliation (23 December 1996)

III. FUNCTIONS AND POWERS OF THE COMMISSION

7. The Commission shall have the following functions and powers: Reform of the Government - inclusion of representatives of the opposition (UTO) in the structures of executive authority (members of the government), including ministries, departments, local authorities, judicial bodies and law enforcement agencies, taking the regional principle into account.

Additional Protocol to the Protocol on the main functions and powers of the Commission on National Reconciliation (21 February 1997)

2. Thirty per cent of positions in executive structures, including ministries, departments, local authorities, and judicial bodies and law enforcement agencies, shall be assigned to representatives of UTO, the regional principle being taken into account.

Implementation History

1997

No Implementation

Although the CNR was operational and was actively implementing other mandates, no measures of integrating the judicial branch or other judicial reforms were reported by the CNR in 1997 or 1998.

1998

No Implementation

No developments observed this year.

1999

Minimum Implementation

Part of the 1999 referendum that was drafted by the CNR included the creation of a new Judicial Council which would appoint and dismiss judges at various levels of government.1 It appears, however, that this attempt at either compromise or process was captured by Rakhmonov. All of the members of the Judicial Council would be appointed by President Rakhmonov; none were former UTO.2 No evidence of any UTO approved judges or Muslim judges being appointed could be found.  

  • 1. "Report of the Secretary-General on the Situation in Tajikistan," United Nations (S/1999/1127), November 4, 1999.
  • 2. "Rahmonov sets up nine-member Justice Council," BBC Summary of World Broadcasts, December 16, 1999.
2000

Minimum Implementation

No measures of integrating the judicial branch or other judicial reforms were undertaken in 2000.

2001

Minimum Implementation

No measures of integrating the judicial branch or other judicial reforms as mentioned in the 1997 General Agreement were undertaken in 2001.

2002

Minimum Implementation

No further developments observed.

2003

Minimum Implementation

No further developments observed.

2004

Minimum Implementation

No further developments observed.

2005

Minimum Implementation

No further developments observed.

2006

Minimum Implementation

No further developments observed.