5-20 August 1998, No

5-20 August 1998, No. 23

q The first report of the Joint Commission, composed of Government and UTO representatives and observed by UNMOT, on the progress of the investigation into the brutal killing of four UNMOT staff members was forwarded to the SRSG, Mr Jan Kubiš, on Wednesday 5 August. A copy of the same report was sent to the UN Secretary-General Mr Kofi Annan. In his recent interview to News & Views, Mr. Kubiš expressed satisfaction at the speedy conduct of the investigation, which had led to acceptable preliminary information. He explained: "I would say that the investigations are moving forward under these difficult conditions. I have the impression that the Investigation Commission [...] is trying to get into the case and find the truth. All this is conducted in close cooperation between the Government and UTO, including field commanders." he added that the report stated very clearly that the identiy of the suspects was established without any doubt, which provided the first factual results of the investigation. He called this a positive signal, expressing at the same time the expectation that the process would continue and lead to the establshment of the truth and punishment in accordance with Tajik legislation.". However, he pointed out his concern at the fact that the motivation for the crime remained unknown, which made it difficult for UNMOT to continue its presence in the current configuration. In this context, Mr J. Kubiš reiterated that "only concrete results of investigation will open the road to gradual resumption of UNMOT’s activities".

q On 17 August, the United Nations Security Council discussed the Interim Report of the Secretary- General on the Situation in Tajikistan. In his report, Mr Annan said: "I cannot find words strong enough to condemn the murder of the members of UNMOT". He voiced hope that " the perpetrators of this crime will soon be found and brought to justice".

The Secretary-General stated that in the light of the current security situation, it had become necessary to limit UNMOT activities, in particular its movement in the field. He emphasized that the recent events had shown the "continuing precariousness" of the peace process and urged the Tajik parties to implement, "in good faith and at a steady pace" the General Agreement, which they signed in June 1997. Mr Annan explained that the obstacles to the peace process were mainly political and had to be overcome in order to ensure Tajikistan’s future well-being. He added that "tangible progress" in the implementation of the Peace Agreement was also the best way to counter the scepticism of donor countries and encouraged both parties to make good use of the continuing international backing for the peace process as well as of the services offered by the SRSG, UNMOT and the Contact Group.

q In a statement on 19 August, issued after closed-door consultations, the President of the Security Council urged the Tajik Government " in cooperation with the UTO, to accelerate the investigation of the murder of four members of the United Nations Mission of Observers in Tajikistan (UNMOT) on 20 July and to see to it that the persons who committed these crimes are punished." The statement also says that: "the members of the Security Council noted that some progress has been achieved in the process of national reconciliation , while pointing out that the situation in the country remains precarious." It urged both sides to step up efforts to implement the Agreement and to refrain from any actions contrary to the Accord.

q Questions related to course of the investigation into the murder of four UNMOT staff and the implementation of the General Agreement figured also on the agenda of a meeting between SRSG Mr Jan Kubiš, CNR Chairman S.A.Nuri and CNR Deputy Chairman A. Dostiev on 5 August. Mr Kubiš opined that legal procedures and punishment of those responsible for the crime might take more time. But he stressed that at this juncture it was imperative to identify and detain the perpetrators and present solid facts on the causes and motives for the crime so as to allow resumption of UNMOT regular activities in the field.

Mr Nuri pledged full support and assistance of UTO field commanders in the investigation.

q Japanese Foreign Minister Keizo Takemi, heading a Japanese Government delegation on visit to Tajikistan, was told by Deputy Prime Minister Azimov on 14 August that the murderers of the four UNMOT staff had been tracked down and would soon be detained to face trial. Mr Takemi stated Tokyo’s interest in the expeditious arrest of the culprits, underlining that Japan was shocked by the terrorist act committed against unarmed people who aimed at selfless assistance to the people of Tajikistan. He expressed satisfaction at the preliminary report.

q Following the death of the four UNMOT staff while on duty in Tajikistan, the United Nations plans to reinforce safety measures for civilian personnel on missions by using an existing personnel security fund, Mr Kensaku Hogen, UN Under-Secretary-General for Public Relations told the newspaper Yomiuri Shimbun in a recent interview. Mr Hogen said a large number of civilians had been involved in accidents while participating in UN peacekeeping operations. He explained that staff safety was the most serious challenge for the peacekeeping programme, which was to commemorate its 50th anniversary this year. For this purpose, the United Nations will use its Trust Fund for the Security of UN Personnel, established in June by the Administrative Committee on Coordination and presided over by the UN Secretary-General. The Trust Fund will also incorporate a fund to be established by the Japanese Government in memory of Mr Yutaka Akino, UNMOT Civil Affairs Officer murdered on 20 July, to help improve safety for UN staff.

UPDATE ON IMPLEMENTATION OF MILITARY PROTOCOL

The Military Protocol is an integral part of the General Agreement and closely related and linked

to the Protocol on Political Issues. Since the signing of the Agreement, efforts have been made to accomplish the provisions of the Protocol, which foresees four stages. The CNR has fixed the revised deadline for the implementation of the second stage for 25 August 1998. The achievement of this stage will mark a crucial step in the peace process as it entails the legalization of UTO political parties and movements.

In view of the approaching of this important deadline, we have compiled a brief review of the implementation of the Military Protocol so far:.

û Assembly

The Protocol designates ten assembly areas (AAs) for the UTO fighters. However, in reality the majority of the fighters are not assembled in the AAs. Besides, some AAs still need repair, refurbishment and maintenance work to become fully operational.

û Registration of Fighters

Since the beginning of the registration process in late 1997, according to figures provided by the CNR, 5,979 fighters have been registered; 203 remain unregistered in Afghanistan.

û Registration of weapons

To date, 1,911 weapons have been registered and stored, though most are unserviceable and old. The ratio of fighters to weapons is 3: 1. The Protocol clearly states that both fighters and weapons are to remain in the AAs. However, as the weapons are in the custody of the field commanders, UTO armed personnel remove them from their stores and carry them in public. Thus, the total number of weapons in storage fluctuates on a daily basis.

û Medical examination

Medical examination has been carried out in almost all AAs except Garm. So far, about 5,524 fighters have been examined. A number of fighters could not be medically examined because of their absence from their designated AAs during the Medical Team’s visit.

Elements of the Second Stage of the Military Protocol under Realization

ü In September 1997, 460 UTO fighters were reintegrated into the Ministry of Defence (MOD)

as the 25th MOD battalion.

ü In May 1998, appoximately 80 UTO fighters were merged with Tajik Border Forces (TBF),

located in the Jirgatal district, in addition to 200 integrated earlier (1996) into TBF in the

Rushan district.

ü Some 110 fighters have been absorbed into the Special Detachament for Security (SDS).

ü On 26 June 1998, 25th MOD battalion, SDS and 515 fightes in Chashma, took military oath

as the first UTO fighters to do so.

ü Currently, oath-taking ceremonies are taking place in different parts of the country. 4,820 of

the registered UTO fighters have taken oath of allegiance so far.

ð Even though the parties claim that certain elements of the second stage of the Military Protocol are under realization and most elements of the first stage have been completed, it is difficult to conclude that the first stage has been fully achieved. The absence of fighters and weapons from designated AAs is one major concern, the reintegration of armed personnel another.

In this context, it is worth referring to the press statement issued by the Contact Group on 8 July, calling for "genuine disarmament" by the UTO and the fighters’ integration into the power structures. At the same time, Contact Group called on the internatonal community to assist in the creation of economic opportunities for armed personnel.

UNMOT has decided to hand over the balance of foodstuffs and bedding materials allocated to the AAs.

F APPOINTMENT

On 10 August, an edict was issued on the appointment of Mr Dovudhuja Islomov, a UTO nominee whose candidacy had already been approved by President Rakhmonov, as Head of the State Association for Meat and Milk Production.

F CONSTITUTIONAL DEVELOPMENT

The UTO Leadership issued a statement, calling for a national referendum on the issue of secularism. They underlined that "secularism" was contradicting Article 8 of the Constitution, which says that no ideology may become state ideology. Mr Imomov, member of the CNR Legal Sub-commission, explained to UNMOT that the Opposition was interested in removing the word "secular" from the Constitution but did not intend to touch upon the secular character of the State. The CNR is yet to agree on changes and amendments to the Constitution, which would be the first (and long-awaited) step in the constitutional development process, paving the way for free and fair elections.

FJOINT TAJIK-RUSSIAN STATEMENT

At the end of the visit of Russian First Deputy Foreign Minister Boris Pastukhov and Russian Chief of General Staff General Anatoly Kvashnin, to Tajikistan, the two countries issued a joint statement, voicing concern at the advance of the Afghan Taleban militia, "which poses a direct threat to the southern flank of the former Soviet Union." They expressed their readiness to defend the border, drawing also on the assistance of their collective security allies.

F VISIT FROM UN HQ

From 15 to 21 August 1998, Ms Kyoko Shiotani, Desk Officer for Tajikistan in the UN Department of Peacekeeping Operations in New York, visited Dushanbe. During her stay she discussed the further development of the political and military situation in Tajikistan. She exchanged views with top-ranking UNMOT officials, notably the SRSG and Head of Mission, Mr Jan Kubis, the Head of the Civil Affairs Division, Mr Yogesh Saksena and the Chief Military Observer, Brig.Gen. Tengku Ariffin. Their discussions focussed on problems related to the security of UNMOT staff and further measures to be taken by the UN to continue support to the peace process.

On 17 August, Mr Jori De Marco, security officer serving with UNMOT, was found dead in his apartment in Dushanbe with a gun-shot wound in the head.

An investigation is ongoing.

Based upon initial impressions of UNMOT, the death does not appear attributable to political motives.

Mr De Marco had been in the UN service since 1991 and was posted to UNMOT in April 1998.

He was 37 years of age.

Jori, you will always be remembered.