21 August - 4 September 1998, No. 24

Changes and amendments to the Constitution have become one of the highest priority tasks the CNR has to complete. Constitutional development is a crucial element of the peace process which lays the foundations for free and fair elections and, thus, paves the way for a democratic, multi-party post-conflict State, in which the rule of law applies and human rights and freedoms are fully respected.

 

 

Constitutional development, as per CNR work plan,

involves basically the following steps:

CNR plenary discussion of the general concept of changes and amendments to the

Constitution

forwarding of the approved concept for Presidential approval

drafting the text of concrete constitutional amendments, taking into consideration the

Presidents comments and suggestions

provision of the concrete proposal to the President

Presidents submission of the proposal to Majlisi Oli

Majlisi Oli discussion of the proposal and fixing a date for national referendum

publication of proposed amendments for general familiarization

ð conduct of national referendum

To date, the CNR has not complied with any of the deadlines it had itself set in its work plan for approval of the general concept of amendments. The deadline of 30 November 1997 passed without results as well as 15 May 1998, thus not capitalizing on the momentum which had been expected prior to the Vienna Donor Conference or the World Bank Consultative Group Meeting.

The most recent deadline, on which the CNR plenary agreed on 30 July 1998, has also already passed. It had foreseen that the general concept be forwarded to the President by 12 August 1998, an undertaking which was thwarted because a discussion arose on the scope of amendments. While the Government is prepared only to tackle stipulations related to elections and Parliament, the Opposition insists on a more comprehensive review, as outlined in the Draft Concept Paper on Changes and Amendments to the Constitution. The Draft Concept Paper was prepared by the CNR Legal and Political Sub-commissions earlier this year and distributed to all CNR members in late March 1998, with the intention to serve as the basis for discussion.

 

 

 

Basic Ideas Reflected in the DRAFT CONCEPT PAPER

 

Legislative

 

Executive Power

local governance

 

Judiciary

 

permanent, professional, monocameral Parliament

classic presidential system

election of chairpersons of cities, districts and regions

revision of court system, introduction of Supreme Council of Justice (nomination of and disciplinary action against judges), creation of a Special Investigation Agency

 

 

 

? Another issue which has contributed to delays in the constitutional develoment process is the question of secularism. Government had made it clear that the issue is not subject to discussion, referring to Article 100 of the Constitution which says that the (...) secular character of the State cannot be changed. On the other hand, the UTO claims that the Tajik interpretation of secularism diverges substantially from the international one, bearing more the connotation of "anti-religious" than not "non-religious" State. Therefore, the UTO Leadership proposed a referendum on the elimination of the WORD "secular" from the Constitution, emphasizing at the same time that they do not intend to change the secular CHARACTER of the State.

 

? Since eight CNR plenary sessions were held on constitutional amendments without leading to tangible results, it was decided that CNR Chairman Nuri, Deputy Chairman Dostiev and the Chairmen of the four Sub-commissions meet to reach a compromise. (However, by the time of the publication of this Newsletter, no such meeting has taken place.) In case no solution were reached, Mr Nuri suggested to discuss the matter with the President and, finally, request mediation by the Contact Group to overcome the impasse.

? The problems encountered in constitutional development were also one of the main issues discussed at the Contact Group Meeting on 1 September 1998, held at the CNR building, in which CNR Chairman, Deputy Chairmen as well as the Chairmen of the Legal and Political Sub-commissions participated. In the course of the discussion, Mr Nuri suggested to follow the example of the implementation of the Military Protocol and establish a commission similar to the one headed by Deputy Prime Minister Abdurakhmon Azimov to monitor the implementation of legal and political issues and resolve problems in a timely manner.

FThere is no doubt that the question of constitutional development has to be resolved in a quick and mutually acceptable manner with a view to speeding up further democratization of the country. The joint elaboration of constitutional changes and amendments provides both parties with a unique opportunity to work together concretely for the future of the country, for the consoldiation of peace and national accord.

 

 

 

q On 1 September 1998, three of the four suspects in the killing of four UNMOT staff members on 20 July 1998 were brought to Dushanbe for interrogation.

q All non-essential internationally-recruited staff members of UNMOT and other UN entities were temporarily relocated outside Tajikistan. Likewise, a termporary ban on travel to Tajikistan by international personnel sponsored by UNMOT and other UN agencies was pronounced. Those measures are precautionary and preventive in nature and solely based on security considerations.

They are not related to any political factor and should not be misinterpreted as suspension of UN operations in the country. All UN entities present in Tajikistan continue with their activities in an appropriate way.

q The trust fund for UN staff in risk areas, recently established by the UN Security Coordinators Office, received its first contribution from Norway. The donated amount (USD 100,000) will be allocated to mobile training teams of security experts and stress counsellors who are to train staff at risk. UN personnel in Tajikistan, Afghanistan and Pakistan will be the first to benefit from the training.

 

 

 

 

Ø On 31 August 1998, SRSG Jan Kubi met with President Rakhmonov to discuss the situation in the country and region as well as the evolution of the peace process. Mr Rakhmonov expressed his confidence in the continuation of the peace process and understanding and support for the positions taken by UNMOT and the UN.

Ø The day before, Mr Kubi met with Uzbek Foreign Minister Kamilov in Tashkent. Mr Kamilov urged UNMOT to stay in Tajikistan and continue its activities.

Ø Kazakh Foreign Minister Tokaev paid an official visit to Dushanbe on 1 and 2 September 1998. After Mr Tokaevs meeting with President Rakhmonov, a joint statement was issued, noting the importance of the practical steps undertaken by the Tajik Government and UTO for further progress in the implementation of the General Agreement. Kazakhstan reaffirmed its readiness to assist in the consolidation of peace and national reconciliation in Tajikistan with the aim of establishing a democractic and secular state, in which the rule of law applies. Mr Tokaevs discussion with SRSG Jan Kubi focussed on the peace process in Tajikistan and the situation in Central Asia

 

 

 

 

UPDATE ON IMPLEMENTATION OF MILITARY PROTOCOL

F Repatriation

Following the personal request of CNR Chairman Nuri, supported by CNR Deputy Chairman Dostiev, and after the delivery of three suspects in the murder of four UNMOT staff to Dushanbe, UNMOT decided to make a one-time exception to its firm stance regarding activities outside Dushanbe. Thus, UNMOT will particpate in the repatriation of the balance of UTO armed personnel from Afghanistan in a way which will fully respect its security requirements and limitations, specifically taking into account the recent developments in Afghanistan.

 

F Medial Examination

The CNR Medical Commission completed examination of all UTO armed personnel, except the 153 fighters recently repatriated from Afghanistan and the fighters who are awaiting repatriation. According to the CNR, 4,964 of the examined fighters were found fit for military service.

 

F Oath-Taking

The oath-taking ceremony held in the Leninsky district on 29 August 1998 marked the end of oath-taking for all fighters in the country except the 153 recently repatriated from Afghanistan. Thus, according to the Military Sub-commission, 97 per cent of UTO armed personnel have taken oath. UTO Press Secretary Hamadov told Itar-Tass that a total number of 5,200 UTO armed personnel had sworn allegiance.

F Joint Central Attestation Commission

The Joint Central Attestation Commission did not start work on 20 August 1998, as originally planned. The delay is reportedly caused by disagreement between Government and Opposition on the technical approach of attestation. In addition, the Commissions functioning is said to be impeded by irregular attendence of its members. The next envisaged date for the commencement of the Commissions work is 12 September 1998.

 

 

 

 

 

 

 

F AFGHANISTAN

üA meeting of the Foreign and Defence Ministers of Tajikistan, Uzbekistan, Kazakhstan and Kyrgyzstan was held in Tashkent on 22 August 1998 to discuss the development of the situation in Afghanistan and coordinate their response.

üTajikistan is one of the co-authors of UN Security Council resolution 1193 on Afghanistan, which was initiated by Russia and unanimously adopted on 28 August 1998. The resolution judges large-scale operations by the Taleban movement to be a serious threat to regional and international peace and demands an end to human rights violations and the discrimination against women and girls. The Councils debate on Afghanistan was marked by a call for a political solution to the conflict.

F COSTUMS UNION

The next meeting of the Customs Union of Russia, Belarus, Kazakhstan and Kyrgyzstan is scheduled to take place in Almaty from 8 to 11 September 1998. Kazakh Foreign Minister Tokaev classified Tajkistans forthcoming admission to the Customs Union an "undoubtedly a historic economic event". The Almaty meeting was also on the agenda of the visit that Belorussian Minister for Foreign Economic Relations Marinich paid to Dushanbe on 4 September 1998.

FUN ACTIVITIES IN KARATEGIN

Mr Zukhurov, Head of the Coordination Center for Post-Conflict Projects, pleaded for a quick return of UN agencies and programmes to the Karategin Valley, saying that the population was sufferning from the suspension of UN activities.