| United Nations | A/51/62 |
General Assembly
Distr. GENERAL
31 January 1996
ORIGINAL:
RUSSIAN
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S/1996/74
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A/51/62
S/1996/74
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A S UNITED
Security Council
A/51/62
S/1996/74
GENERAL ASSEMBLY SECURITY COUNCIL
Fifty-first session Fifty-first year
MAINTENANCE OF INTERNATIONAL
SECURITY
COMPREHENSIVE REVIEW OF THE WHOLE
QUESTION OF PEACE-KEEPING
OPERATIONS IN ALL THEIR ASPECTS
Letter dated 26 January 1996 from the Permanent Representative
of the Russian Federation to the United Nations addressed to
the Secretary-General
As representative of the State which presides over the statutory bodies
of the Commonwealth of Independent States (CIS), I have the honour to
transmit herewith the texts of the following decisions adopted by the
Council of Heads of State of CIS at Moscow on 19 January 1996:
-on the Concept for prevention and settlement of conflicts in the
territory of States members of CIS (annex I);
-on the extension of the length of stay of the Collective Peace-keeping
Forces in the Republic of Tajikistan (annex II);
-on the extension of the length of stay and the mandate of the Collective
Peace-keeping Forces (CPF) in the conflict zone in Abkhazia, Georgia (annex
III);
-on measures to settle the conflict in Abkhazia, Georgia (annex IV);
-on the approval of the Statute on Collective Peace-keeping Forces in the
CIS (annex V);
-on the Statute on the CIS flag (annex VI);
-on the Statute on the CIS emblem (annex VII);
96-02180 (E) 140296 150296/...
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as well as the Agreement on the training and instruction of military and
civilian personnel from CIS member States for participation in peace-
keeping operations (annex VIII) and the Message of the Council of Heads of
State to the Presidents of the Republic of Armenia and the Azerbaijan
Republic and the Heads of other States (annex IX).
I should be grateful if you would have this letter and its annexes
circulated as a document of the General Assembly, under the items entitled
"Maintenance of international security" and "Comprehensive review of
peacekeeping operations in all their aspects", and of the Security Council.
(Signed) S. LAVROV
Annex I
Decision on the Concept for prevention and settlement of
conflicts in the territory of States members of the
Commonwealth of Independent States
The Council of Heads of State of the Commonwealth of Independent States,
Has decided:
1. To adopt the Concept for prevention and settlement of conflicts in
the territory of States members of the Commonwealth of Independent States
(see enclosure).
2. This decision shall enter into force on the date of its signature.
DONE at Moscow on 19 January 1996 in one authentic copy in the Russian
language. The authentic copy shall be kept in the Executive Secretariat of
the Commonwealth of Independent States, which shall send to each State that
has signed this decision its certified copy.
For the Republic of Armenia:For the Republic of Moldova:
(Signed) L. TER-PETROSYAN(Signed) M. SNEGUR
For the Azerbaijan Republic:For the Russian Federation:
(Signed) B. YELTSIN
For the Republic of Belarus:
(Signed) A. LUKASHENKOFor the Republic of Tajikistan:
(Signed) E. RAKHMONOV
For Georgia:
(Signed) E. SHEVARDNADZEFor Turkmenistan:
(Signed) S. NIYAZOV
For the Republic of Kazakstan:
For Ukraine:
For the Kyrgyz Republic:
(Signed) A. AKAEVFor the Republic of Uzbekistan:
(Signed) I. KARIMOV
APPENDIX
Concept for prevention and settlement of conflicts in the
territory of States members of the Commonwealth of
Independent States
Unresolved disputes and disagreements and the armed conflicts arising
from them undermine the very foundations of the Commonwealth of Independent
States (CIS), affect the vital interests of every member State and
constitute a real threat to international peace and security.
The maintenance of peace and stability is an essential condition for the
Commonwealth's existence, ensuring the economic and socio-political
development both of each individual member State and of the Commonwealth as
a whole.
This Concept sets out the general approaches of States members of CIS to
questions of prevention and settlement of conflicts, as well as
possibilities for collective measures to resolve emerging disputes and
disagreements. It provides for collective action to prevent and settle
conflicts, including the conduct of multilateral peace-keeping operations,
as an essential component of CIS policy to strengthen the national security
and preserve the territorial integrity and independence of its member
States.
Recognizing that the prevention and settlement of conflicts relating to
security issues must be a matter of concern primarily for the conflicting
parties, the States members of CIS are at the same time aware of their
responsibility for security in the territory of member States and for
deaths and casualties as a result of conflicts and will do all in their
power to identify and to defuse any possible sources of tension. They also
favour influential roles for the United Nations and the Organization for
Security and Cooperation in Europe (OSCE) in efforts to settle conflicts in
the territory of States members of CIS since such conflicts threaten not
only regional but global security. As a rule, when conducting operations
to prevent or settle conflicts in the territory of States members of CIS,
there should be a mandate to do so from the United Nations Security
Council. In this connection, the involvement of the international
community in conflict resolution must be more significant and commensurate
with the threat represented by such conflicts.
States members of CIS will strive to strengthen the role of the
Commonwealth in the peaceful settlement of conflicts, considering this to
be a highly important contribution to the maintenance of regional security
and stability, as well as to enhancement of the Commonwealth's authority.
Action to prevent and settle conflicts in the territory of member States
of CIS shall be governed by the Charter of the United Nations, the charter
and other fundamental instruments of CIS, the universally accepted
principles and rules of international law, pertinent resolutions of the
United Nations Security Council, documents of OSCE, and agreements and
protocols concluded between States members of CIS.
Such action shall embrace a range of measures designed to facilitate the
prevention, resolution and settlement of contentious issues and conflict
situations, as well as the narrowing of differences between conflicting
parties with a view to identifying mutually acceptable agreements. The
nature of such action, and the choice of means and instruments for its
implementation, shall depend on the scale and stage of development of the
conflict. The objective of the action shall be:
conflict prevention (measures to prevent conflicts);
settlement of armed conflicts; and
post-conflict peace-building.
1. Conflict prevention
The pre-eminent means of resolving disputes and preventing conflicts is
the use of preventive political and diplomatic efforts, collective measures
and the authority of CIS to seek ways of reducing tension before it
develops into a conflict.
Such action shall be based on an official request from the State whose
security and sovereignty are threatened but shall not absolve the parties
themselves of their responsibility and duty to show political will in
settling their differences by talks and other peaceful means. Preventive
diplomacy may be conducted by a special representative of CIS.
Preventive diplomacy may embrace a range of measures to identify reasons
and warn of disputes between parties before they develop into conflicts,
including good offices and mediation in the organization of consultations
and talks between the parties to a dispute, as well as the provision of
assistance to them in seeking mutual understanding and reaching agreement
on the settlement of differences. Favourable conditions for the
development of a negotiating process may be created by harmonizing steps to
implement confidence-building measures, including agreement between the
parties as to the non-use of force or the threat of force, the settlement
of differences exclusively by talks, the exchange of information on issues
of concern, the dispatch of special representatives, mediation missions or
observers from either neutral parties or the conflicting parties
themselves, the use of early warning mechanisms, the imposition of economic
sanctions, and the creation of demilitarized zones.
Certain cases may also give rise to the preventive (pre-emptive)
deployment of police, civilian and military personnel from States members
of CIS in the region of possible confrontation with a view to preventing
the escalation of tension or the development of disputes, disagreements and
crises into armed conflict. Preventive deployment and the creation of
demilitarized zones shall take place at the request of those States whose
security and sovereignty are threatened, and with the consent of the
parties to the dispute. A decision on preventive deployment and sanctions
shall be taken by the Council of Heads of State of CIS, which shall
determine the nature and term of application of the sanctions and establish
the Mandate for deployment, including the powers and composition of the CIS
Collective Peace-keeping Forces (CPF) and the tasks and length of stay of
such personnel from CIS member States.
2. Settlement of armed conflicts
The Commonwealth of Independent States shall, in its capacity as a
regional organization, take the steps required to settle conflicts in the
territory of States members of CIS in accordance with Chapter VIII of the
Charter of the United Nations.
The settlement of conflicts shall mean a range of political, socio-legal,
economic, military and other measures designed to end conflicts, including
those which take the form of armed combat. The settlement of conflicts may
include a broad selection of means: from, on the one hand, efforts to
bring about the immediate cessation of bloodshed, monitoring and
verification of compliance with cease-fire or truce agreements and
separation of warring parties to, on the other hand, assistance in the
implementation of agreements concluded by the parties to a conflict in the
hope of achieving a solid and lasting solution of the crisis which led to
armed conflict.
The basic task at this stage is, with the participation of military,
police and civilian CPF personnel, to keep the peace after the conflicting
parties reach a cease-fire agreement in support of efforts to stabilize the
situation in areas of existing conflicts, with a view to ensuring
favourable conditions for talks between the parties on a peaceful
settlement of the conflicts.
Provision may be made, in the settlement of armed conflicts, for the
conduct of peace-keeping operations (PKO).
PKO shall mean political action over a limited period of time to keep the
peace between parties to a conflict. Such operations shall employ
military, police and civilian personnel specially trained for the purpose.
Essential conditions for the conduct of PKO are as follows:
The signature of a cease-fire agreement by the conflicting parties and a
clear expression by the parties of political will to settle the conflict by
political means;
The consent of the conflicting parties to the conduct of PKO by CPF
performing their appointed tasks, and the establishment of close
cooperation between the parties and the CPF command for the conduct of such
operations;
The acceptance by the parties to the conflict of their obligations to
honour the international status, neutrality, privileges and immunities of
CPF personnel in accordance with international law;
The open, neutral and impartial nature of peace-keeping operations.
The collective peace-keeping forces shall be formed on a coalition basis
by the States which have agreed to take part in PKO. Each State member of
CIS shall independently determine the form of its participation in PKO.
Any decision on the detachment of troop contingents, military observers,
police and civilian personnel for participation in PKO shall be taken in
conformity with national legislation.
The collective peace-keeping forces shall act under a single command,
adhering strictly to the principles of impartiality, compliance with the
laws of the host country, and respect for the traditions and customs of the
local population. PKO may not be considered to be a substitute for
settlement by means of talks.
In the conduct of PKO, the collective peace-keeping forces shall not take
part in active combat. They shall make use, first and foremost, of
peaceful means and instruments to promote appropriate conditions for the
holding of talks and the reaching of mutually acceptable agreements on the
settlement of conflicts. They shall refrain from the use of weapons except
in cases of armed resistance to their discharge of the Mandate to conduct
PKO.
Enforcement measures in the settlement of conflicts (peace enforcement)
shall be permitted only if such powers have been mandated by the United
Nations Security Council in accordance with the Charter of the United
Nations.
3. Post-conflict peace-building
Peace-building shall mean the adoption of political, socio-economic and
legal measures following the settlement of an armed conflict for the
purpose of promoting the restoration of an atmosphere of trust, mutual
relations and cooperation between the conflicting parties and preventing a
renewed outbreak of conflict.
Measures in this connection may include the following:
Help in restoring the institutions of State authority;
Help with the return of refugees and displaced persons;
Assistance with mine clearance and restoration of the essential elements
of State infrastructure;
Provision of humanitarian and other forms of assistance to the
population;
Help in reintegrating former members of armed bands into civilian life;
Creation of the conditions required for free elections to the
representative organs of civilian authority;
Help with efforts to defend human rights.
Military observers or individual CPF units may be temporarily deployed in
certain areas, provided the parties so agree, to guarantee the fulfilment
of agreements.
4. Interaction with the United Nations and OSCE
When working to settle conflicts in accordance with Chapter VIII of the
Charter of the United Nations, the Commonwealth of Independent States shall
closely interact with other international organizations, and particularly
with the United Nations and OSCE. Such interaction shall take the
following forms:
Preparations for and conduct of multi-level consultations between
representatives of CIS, the United Nations and OSCE;
Assistance to the peace-keeping efforts of different missions and
representatives of the United Nations and OSCE;
Cooperation in promoting the political settlement process, including
assistance with talks between conflicting parties;
Provision of information to the United Nations Security Council and the
corresponding organs of OSCE on decisions relating to the conduct of PKO;
Provision of necessary information to the Secretary-General of the United
Nations and to OSCE for the purpose of increasing the effectiveness of
preventive diplomacy and other forms of peace-keeping activity;
Discussion in the United Nations Security Council and corresponding OSCE
organs of issues relating to the settlement of conflicts in the territory
of States members of CIS;
Interaction, coordination of efforts and cooperation between CPF, the
Group of Military Observers and observer missions of the United Nations and
OSCE;
Participation in the further elaboration of the international legal and
conceptual foundations of peace-keeping activities.
With a view to refining and further developing the interaction of CIS
with the United Nations and OSCE on a basis of complementarity of efforts
and a reasonable balance between the political, moral and financial
responsibilities of all involved in conflict settlement, the Commonwealth
favours the conduct of full-scale PKO under United Nations auspices when
resolving conflicts in the territory of States members of CIS, with CPF
participation.
The States members of CIS shall adhere to an agreed collective position
in their international contacts on issues relating to conflicts where CIS
is pursuing a settlement in its capacity as a regional organization. They
shall exchange information on such contacts and consult on issues requiring
additional measures to ensure the success of CIS conflict-settlement
efforts.
5. General issues
The collective peace-keeping activities of States members of CIS to
prevent and settle conflicts shall be directed by the Council of Heads of
State of CIS. The Council of Heads of State of CIS shall take the decision
to conduct PKO, shall confirm the Mandate specifying the powers and
composition of CPF and the tasks and duration of the operation, and shall
appoint the Head of the peacekeeping mission or Special Representative of
CIS for settlement of the conflict, the Commander of CPF and also, where
appropriate, the Chief of the military observer group. The Head of mission
and the CPF Unified Command shall be responsible for drawing up proposals
for extensions of PKO.
The Head of mission (or Special Representative) shall be a person
invested by the Council of Heads of State of CIS with appropriate powers in
the area of conflict, acting on behalf of and reporting to the Council. He
shall bear full responsibility for political aspects of the peace-keeping
operation and shall monitor discharge of the Mandate to conduct PKO.
The Commander of CPF (or Chief of the military observer group) shall be
in direct command of the forces (military observer group) and ensure that
they perform their appointed tasks in accordance with the Mandate. He
shall, as a rule, be appointed by the State which contributes the largest
(in terms of numbers) troop contingent or detachment of military observers
to CPF.
For the purpose of managing action by CPF conducting PKO, a Unified
Command shall be established, consisting of representatives of States
participating in the operation.
The process of talks to prevent and settle conflicts shall be directed by
the Council of Ministers for Foreign Affairs, which shall keep the Council
of Heads of State of CIS regularly informed concerning the progress of such
talks.
ANNEX II
Decision on the extension of the length of stay of the Collective
Peace-keeping Forces in the Republic of Tajikistan, adopted in
Moscow on 19 January 1996
The Heads of the States taking part in this decision,
In connection with the appeal by the President of the Republic of
Tajikistan to extend the length of stay of the Collective Peace-keeping
Forces in the Republic of Tajikistan,
Guided by paragraph 2 of the decision on the establishment of collective
peace-keeping forces and the commencement of their operation of 24
September 1993,
Noting the role of the Collective Peace-keeping Forces in deterring armed
clashes, ensuring peace in the Republic of Tajikistan and maintaining
stability on the Tajik-Afghan section of the border,
Taking into consideration the political steps and peacemaking efforts by
the leadership of the Republic of Tajikistan to bring about a successful
conclusion of the inter-Tajik negotiation process for the purpose of
achieving civil harmony and security in the Republic of Tajikistan,
Have decided:
To extend the length of stay of the Collective Peace-keeping Forces in
the Republic of Tajikistan from 1 January to 30 June 1996; and
To recommend that the Government of the Republic of Tajikistan should
substantially intensify the inter-Tajik dialogue with fuller use of
existing mechanisms with the participation of the opposition, international
organizations and, above all, on the basis of the existing conciliation
commissions.
DONE at Moscow on 19 January 1996 in one authentic copy in the Russian
language. The authentic copy shall be kept in the Executive Secretariat of
the Commonwealth of Independent States, which shall transmit to each State
that has signed this decision its certified copy.
For the Republic of Armenia: For the Republic of Moldova:
(Signed) L. TER-PETROSYAN
For the Russian Federation:
For the Azerbaijan Republic: (Signed) B. YELTSIN
For the Republic of Belarus: For the Republic of Tajikistan:
(Signed) A. LUKASHENKO (Signed) E. RAKHMONOV
For Georgia: For Turkmenistan:
(Signed) E. SHEVARDNADZE
For Ukraine:
For the Republic of Kazakstan
(Signed) N. NAZARBAEV For the Republic of Uzbekistan:
(Signed) I. KARIMOV
For the Kyrgyz Republic:
(Signed) A. AKAEV
ANNEX III
Decision on the extension of the length of stay and the
mandate of the Collective Peace-keeping Forces in the
zone conflict in Abkhazia, Georgia, adopted in Moscow
on 19 January 1996
The Council of Heads of State of the Commonwealth of Independent States
(CIS),
Confirming their previous decisions concerning the conflict in Abkhazia,
Georgia,
Confirming also their unswerving commitment to the sovereignty and
territorial integrity of Georgia,
Highly appreciating the contribution which the Collective Peace-keeping
Forces, in cooperation and coordination with the United Nations Observer
Mission in Georgia (UNOMIG) is making to the stabilization of the situation
in the conflict zone, where the sides are, on the whole, observing the
Agreement on a Cease-fire and Separation of Forces of 14 May 1994,
Considering the corresponding appeals by the sides for the continuation
of the functioning of the Collective Peace-keeping Forces,
Emphasizing the urgent need to achieve practical results at the
negotiations on a comprehensive settlement of the conflict and implement
the right of the refugees and the displaced persons to return to their
homes,
Has decided:
1. To extend the length of stay of the Collective Peace-keeping Forces
in the conflict zone in Abkhazia, Georgia, from 1 January 1996 to 19 April
1996;
2. To entrust the Council of Ministers for Foreign Affairs of the States
Members of the Commonwealth and the Council of Ministers of Defence of the
States Members of the Commonwealth with the task of preparing by 19
February 1996 an agreed draft new mandate for the Collective Peace-keeping
Forces on the basis of proposals by Georgia for adoption in due course by
the CIS Heads of State with the possible extension of their length of stay
in the conflict zone until 19 July 1996;
3. Taking into consideration the provisions of the new mandate, to
propose, if necessary, that the United Nations Security Council should
consider the question of supplementing the United Nations military observer
contingent with a civilian component in order to provide assistance to the
local authorities in the conflict zone in maintaining order and a secure
situation, first and foremost, in the areas for the planned return of the
refugees and displaced persons, which would make it possible to step up the
process of their return and would generally have a favourable impact on
prospects for achieving agreement by the sides concerning a comprehensive
political settlement.
The Commonwealth States members shall be prepared to provide the United
Nations Observer Mission in Georgia with the necessary civilian-police
contingents for use in the conflict zone.
This decision shall enter into force on the date of its signature.
DONE at Moscow on 19 January 1996 in one authentic copy in the Russian
language. The authentic copy shall be kept in the Executive Secretariat of
the Commonwealth of Independent States, which shall transmit to each State
that has signed this decision its certified copy.
For the Republic of Armenia: For the Republic of Moldova:
(Signed) L. TER-PETROSYAN
For the Russian Federation:
For the Azerbaijan Republic: (Signed) B. YELTSIN
(Signed) G. ALIEV
For the Republic of Tajikistan:
For the Republic of Belarus: (Signed) E. RAKHMONOV
For Georgia: For Turkmenistan:
(Signed) E. SHEVARDNADZE
For Ukraine:
For the Republic of Kazakstan:
(Signed) N. NAZARBAEV For the Republic of Uzbekistan:
(Signed) I. KARIMOV
For the Kyrgyz Republic:
(Signed) A. AKAEV
ANNEX IV
Decision on measures to settle the conflict in Abkhazia,
Georgia, adopted in Moscow on 19 January 1996
The Council of Heads of State of the Commonwealth of Independent States
(CIS),
Declaring their full support for the efforts of the United Nations and
the Russian Federation aimed at achieving a comprehensive political
settlement of the conflict,
Noting that the sides, with the assistance of the Collective Peace-
keeping Forces in the zone of conflict in Abkhazia, Georgia, and of the
United Nations military observers, are, on the whole, observing the
Agreement on a Cease-fire and Separation of Forces of 14 May 1994,
Expressing, at the same time, profound concern at the lack of a solution
to the political and humanitarian problems brought about by the conflict,
Referring to the provisions of the Memorandum on the maintenance of peace
and stability in the Commonwealth of Independent States of 10 February 1995
(Almaty) and the Statement by the Council of Heads of State of 26 May 1995
(Minsk),
Confirming their obligations, under the aforementioned documents, not to
support separatist regimes, not to establish with them political, economic
or other relations, and not to provide them with economic, financial,
military or other assistance,
Noting, in this connection, the need to carry out a series of measures to
influence the Abkhaz side,
Acting in accordance with the Charter of the United Nations,
Has decided:
1. To condemn the destructive position of the Abkhaz side, which is
preventing the achievement of mutually acceptable agreements on a political
settlement of the conflict and the safe and dignified return of the
refugees and displaced persons to their places of permanent residence.
2. The CIS Council of Heads of State expects the sides to achieve, as
speedily as possible, substantial results at the negotiations with the
mediation of the Russian Federation, particularly with regard to the
political questions and the problem of the refugees and displaced persons.
3. The States members of the Commonwealth of Independent States shall
prevent the sale or delivery to the zone of conflict, by their citizens or
from their territory or by means of vessels or aircraft registered in that
territory, of weapons, all types of associated technology and spare parts,
ammunition, and military transport vehicles and equipment.
4. The Commonwealth States members shall prohibit:
(a) The provision to the Abkhaz side, by their legal entities or
individuals or from their territory, of any technical advice, assistance or
services in the field of personnel training or with regard to the other
questions enumerated in paragraph 3;
(b) The enlistment of persons who permanently reside in the territory
controlled by the authorities of the Abkhaz side for service in the armed
forces of CIS States members.
5. The Commonwealth States members shall take measures to:
(a) Prevent the recruitment of their citizens and the sending of them to
the zone of conflict in order to be part of any armed units operating
there;
(b) Return citizens of Commonwealth States members currently serving in
armed units of Abkhazia; and
(c) Recall all their officials, representatives or citizens who are in
the territory under the control of the authorities of the Abkhaz side for
the purpose of providing assistance to those authorities in respect of
military questions.
6. Confirming that Abkhazia is an integral part of Georgia, the
Commonwealth States members shall not, without the consent of the
Government of Georgia:
(a) Conduct trade, economic, financial, transport or other operations
with the authorities of the Abkhaz side, or
(b) Enter into official contacts with representatives or officials of
the structures which exist in the territory of Abkhazia or members of armed
units set up by them.
7. The States members of the Commonwealth of Independent States shall not
permit the functioning in their territories of missions of the authorities
of the Abkhaz side or persons who officially represent those authorities.
8. Guided by the desire to achieve a complete settlement of the conflict
in Abkhazia, Georgia, and, first and foremost, the immediate, unconditional
and dignified return of all refugees and displaced persons to their places
of permanent residence, the States members of the Commonwealth of
Independent States call upon the United Nations Security Council to support
the measures taken by the CIS States members aimed at influencing the
authorities of the Abkhaz side and to recommend that all States Members of
the Organization should adhere to those measures.
This decision shall enter into force on the date of its signature.
DONE at Moscow on 19 January 1996 in one authentic copy in the Russian
language. The authentic copy shall be kept in the Executive Secretariat of
the Commonwealth of Independent States, which shall transmit to each State
that has signed this decision its certified copy.
For the Republic of Armenia: For the Republic of Moldova:
(Signed) L. TER-PETROSYAN (Signed) M. SNEGUR
For the Azerbaijan Republic: For the Russian Federation:
(Signed) G. ALIEV (Signed) B. YELTSIN
For the Republic of Belarus: For the Republic of Tajikistan:
(Signed) E. RAKHMONOV
For Georgia:
(Signed) E. SHEVARDNADZE For Turkmenistan:
For the Republic of Kazakstan: For Ukraine:
(Signed) N. NAZARBAEV (Signed) L. KUCHMA
For the Kyrgyz Republic: For the Republic of Uzbekistan:
(Signed) A. AKAEV (Signed) I. KARIMOV
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ANNEX V
Decision on the adoption of the statute on collective peace- keeping
forces in the Commonwealth of Independent States,
adopted in Moscow on 19 January 1996
The Council of Heads of State of the Commonwealth of Independent States,
Has decided:
1. To adopt the statute on collective peace-keeping forces in the
Commonwealth of Independent States (annexed hereto), bearing in mind that
each peace-keeping operation in the Commonwealth is conducted in accordance
with the Charter of the United Nations;
2. To entrust the Council of Heads of Government of the Commonwealth
with the task of preparing corresponding draft documents defining the
substance of and financing system for the comprehensive maintenance of the
activities and the social protection of personnel of the collective peace-
keeping forces in the Commonwealth of Independent States, and to submit
them for consideration by the Council of Heads of State of the
Commonwealth;
3. This decision shall enter into force on the date of its signature.
DONE at Moscow on 19 January 1996 in one authentic copy in the Russian
language. The authentic copy shall be kept in the Executive Secretariat of
the Commonwealth of Independent States, which shall transmit to each State
that has signed this decision its certified copy.
For the Republic of Armenia: For the Republic of Moldova:
(Signed) L. TER-PETROSYAN
For the Russian Federation:
For the Azerbaijan Republic: (Signed) B. YELTSIN
For the Republic of Belarus: For the Republic of Tajikistan:
(Signed) A. LUKASHENKO (Signed) E. RAKHMONOV
For Georgia: For Turkmenistan:
(Signed) E. SHEVARDNADZE
For Ukraine:
For the Republic of Kazakstan:
For the Republic of Uzbekistan:
For the Kyrgyz Republic: (Signed) I. KARIMOV
(Signed) A. AKAEV
APPENDIX
Statute on Collective Peace-keeping Forces in the
Commonwealth of Independent States
I. GENERAL PROVISIONS
1. The Collective Peace-keeping Forces in the Commonwealth of
Independent States (hereinafter referred to as the Collective Peace-keeping
Forces) shall be a temporary coalition formation established for the period
required for carrying out peace-keeping operations with a view to
facilitating the settlement of conflicts in the territory of any State
member of the Commonwealth of Independent States.
2. The international legal basis for the establishment and use of the
Collective Peace-keeping Forces shall be:
-The Charter of the United Nations;
-The Charter of the Commonwealth of Independent States;
-The Agreement of 20 March 1992 on Military Observer Groups and
Collective Peace-Keeping Forces in the Commonwealth of Independent States;
-The Protocol of 15 May 1992 on the status of military observer groups
and collective peace-keeping forces in the Commonwealth of Independent
States;
-The Protocol of 15 May 1992 on the provisional arrangements for the
formation and deployment of military observer groups and collective peace-
keeping forces in areas of conflict between and within the States members
of the Commonwealth of Independent States;
-The Protocol of 15 May 1992 on the staffing, structure, logistical and
financial support of military observer groups and the collective peace-
keeping forces in the Commonwealth of Independent States;
-Bilateral and multilateral international agreements in the field of
peace-keeping operations.
3. An appropriate decision shall be taken to conduct every peace-keeping
operation.
A political decision of principle to conduct an operation using the
Collective Peace-keeping Forces shall be taken by the Council of Heads of
State of the Commonwealth of Independent States (hereinafter called the
Council of Heads of State) by consensus following an appeal by one or
several States members of the Commonwealth, at the request of or with the
consent of all the conflicting sides, and also on condition that an
agreement has been reached between the parties on negotiating a cease-fire
and suspending hostilities prior to the dispatch of the Collective Peace-
keeping Forces to the conflict zone.
The mandate for each peace-keeping operation shall be ratified by the
Council of Heads of State on the recommendation of the Council of Ministers
for Foreign Affairs of the States members of the Commonwealth (hereinafter
referred to as the Council of Ministers for Foreign Affairs) and the
Council of Ministers of Defence of the States members of the Commonwealth
(hereinafter referred to as the Council of Ministers of Defence).
The Council of Heads of State shall immediately inform the United Nations
Security Council and the Chairman of the Organization for Security and
Cooperation in Europe (OSCE) of its decision to conduct a peace-keeping
operation.
Taking account of the situation and the scale of the conflict, and in
accordance with the Charter of the United Nations, the Council of Heads of
State may request authorization (a mandate) and financial assistance from
the United Nations Security Council to conduct the peace-keeping operation.
The operations of the Collective Peace-keeping Forces must not violate
the sovereignty, territorial integrity and inviolability of the frontiers
of the States in whose territory the operation is being conducted.
The Collective Peace-keeping Forces shall not be a substitute for
settling a conflict through negotiations.
4. The allocation of military contingents, military observers and police
(militia) and civilian personnel to the Collective Peace-keeping Forces
shall be conducted in accordance with the legislation of the sending
States.
II. COMPOSITION, TASKS AND FUNCTIONS OF THE
COLLECTIVE PEACE-KEEPING FORCES
5. The composition of the Collective Peace-keeping Forces shall be
decided by the Council of Heads of State and by the mandate for conducting
the peace-keeping operation. On the basis of the scale of the tasks to be
addressed and the specific nature of the situation in the conflict zone,
the Collective Peace-keeping Forces may include military, police (militia)
and civilian personnel, from which the following units shall be
established:
- The Joint Command;
- Combat units (subunits);
- A military observer group;
- A group of experts;
-Police (militia) subunits;
- Combat and logistical support units (subunits);
-Other echelons and subunits providing backup in carrying out designated
tasks.
6. In conducting peace-keeping operations, the Collective Peace-keeping
Forces may be entrusted with the following tasks:
-Observing compliance with the conditions of the truce and the ceasefire
agreement, and contributing to the establishment of a secure situation in
troubled areas by ensuring the visible presence of the Collective Peace-
keeping Forces;
-Designating zones of responsibility, separating the warring sides,
creating demilitarized zones, buffer zones and humanitarian corridors,
helping to reduce the concentration of the parties' forces, and preventing
movement by or conflict between them in these zones;
-Creating conditions for negotiations and other measures for a peaceful
settlement of the conflict, the restoration of law and order and the normal
functioning of state and public institutions and organizations;
-Establishing the facts with respect to violations of the cease-fire and
truce agreements and investigating such violations;
-Monitoring the countryside and the activities of the population in the
zone of responsibility, preventing mass disturbances and promoting respect
for human rights;
-Monitoring the clearance of fortifications, obstructions and mine
fields;
-Protecting essential facilities;
-Taking measures to ensure communication between the conflicting sides
and the security of official meetings between them at all levels;
-Monitoring transport and stopping the illegal import or export of
military equipment, weapons, ammunition and explosives;
-Ensuring the safe transit of all forms of transport and the functioning
of communications;
-Promoting the establishment of normal contacts between the populations
of the conflicting sides;
-Assisting in the provision of humanitarian aid to the civilian
population;
-Ensuring the smooth delivery of humanitarian aid;
-Participating in the implementation of decisions and recommendations of
the United Nations Security Council, OSCE bodies and other international
organizations involved in settling the conflict peacefully.
7. The Joint Command shall be the organ of military administration
intended for the direction of the Collective Peace-keeping Forces, and it
may consist of:
-A command group consisting of the Commander of the Collective
Peacekeeping Forces (hereinafter referred to as the Commander), the Chief
of Staff and First Deputy Commander, the Commander's deputies and other
officers in accordance with the organizational structure and establishment
of the Joint Command approved by the Council of Ministers of Defence;
-A Staff consisting of the Chief of Staff, his deputies, representatives
of the armed forces of the States participating in the peace-keeping
operation (hereinafter referred to as the States participating in the
operation) and the corresponding structural subunits;
-Subunits of combat arms, special troops and the rear in accordance with
the organizational structure and establishment of the Joint Command.
8. The functions of the Joint Command shall include:
-Putting into effect the decisions of the Council of Heads of State on
the use of the Collective Peace-keeping Forces in the conflict zone;
-Analysing the military and political situation in the conflict zone and
submitting reports containing conclusions and proposals to the Council of
Heads of State and the Council of Ministers of Defence;
-Directing the Collective Peace-keeping Forces in the preparation and
conduct of peace-keeping operations;
-Elaborating and implementing measures to raise the level of training of
command echelons, units and subunits of the Collective Peacekeeping Forces;
-Cooperating with the leadership of the receiving State, the conflicting
sides, the local authorities and representatives of the United Nations,
OSCE and other international organizations in the conflict zone;
-Cooperating with the frontier troops of the States members of the
Commonwealth of Independent States in the conflict zone;
-Participating in the negotiating process aimed at stabilizing the
situation in the conflict zone;
-Organizing mutual support with the command echelons of the
participating States and their Staffs with a view to coordinating military
cooperation between the States members of the Commonwealth of Independent
States (hereinafter referred to as the Staff for coordinating military
cooperation) in the formation of the units and subunits of the Collective
Peace-keeping Forces and the provision to them of weapons, military
equipment and logistical support.
9. The Commander of the Collective Peace-keeping Forces shall be
appointed by a decision of the Council of Heads of State on the joint
recommendation of the Council of Ministers for Foreign Affairs and the
Council of Ministers of Defence. The Commander shall be accountable to the
Council of Heads of State. He shall be directly in charge of the entire
personnel of the Collective Peace-keeping Forces.
The Commander's functions shall include:
-Putting into effect decisions by the Council of Heads of State
concerning the use of Collective Peace-keeping Forces;
-Submitting reports to the Council of Heads of State and the Council of
Ministers of Defence regarding the military, political and tactical
situation in the conflict zone, the results of the performance of tasks and
proposals for subsequent operations of the Collective Peacekeeping Forces;
-Coordinating and harmonizing the operations of the Collective
Peacekeeping Forces with the Main Peace-keeping Mission or the Special
Representative (if these have been appointed by the Council of Heads of
State of the Commonwealth) in order to promote attainment of the objective
of finding a political settlement to the conflict;
-Directing the Collective Peace-keeping Forces in the preparation and
conduct of peace-keeping operations;
-Organizing and maintaining working contacts with representatives of the
United Nations, OSCE, and other international organizations in the conflict
zone, the Ministries of Foreign Affairs, Defence, Security and Internal
Affairs of the States members of the Commonwealth, the political leadership
of the receiving State and representatives of the conflicting sides;
-Conducting negotiations, within the limits of his powers, with
representatives of the conflicting sides and international organizations;
-Providing representatives of missions and other bodies of the United
Nations and OSCE with up-to-date information on the activities of the
Collective Peace-keeping Forces to the extent necessary to enable them to
deal with issues in the conflict zone, and also to enable them to visit the
units and subunits of those Forces;
-Organizing and directing the special training of the staff officers and
troops under his command;
-Administering the finances and logistical-support materials allocated to
the Collective Peace-keeping Forces for their work;
-Organizing and directing the withdrawal of troops from the conflict zone
in the event of the conclusion or suspension of the peace-keeping
operation.
The Commander shall have the right to make changes to the organizational
structure and establishment of the Joint Command by increasing or reducing
the prescribed establishment strength by up to 10 per cent in agreement
with the Ministers of Defence of the sending States.
10. The Staff shall be the main command echelon of the Joint Command of
the Collective Peace-keeping Forces. It shall be formed through a process
of coalition involving representatives of all the States participating in
the operation.
The functions of the Staff shall include:
Collecting and analysing data on the military and political situation in
the conflict zone and preparing conclusions and proposals for a report to
the Commander;
Formulating proposals for the preparation and conduct of the operation;
Planning the deployment of the Collective Peace-keeping Forces and
ensuring that units and subunits are promptly informed of their tasks as
decided by the Commander;
Organizing command, liaison and all-round support;
Maintaining liaison with the general staffs (military headquarters) of
the armed forces of the States participating in the peace-keeping operation
and with the Headquarters Staff for coordinating military cooperation on
questions of all-round support for the Collective Peace-keeping Forces;
Promoting the conduct of negotiations, official meetings and other
activities with a view to settling the conflict and achieving the goals
defined by the Mandate for the conduct of the peace-keeping operation;
Maintaining records of the fighting strength, numerical composition and
deployment of the units and subunits of the Collective Peace-keeping
Forces;
Preparing reports to the Council of Heads of State and the Council of
Ministers of Defence on the progress of the peace-keeping operation;
Monitoring the fulfilment of the assigned tasks.
11. The Staff shall be headed by a Chief of Staff, who shall be the
First Deputy Commander and shall be directly in charge of the entire
personnel of the Collective Peace-keeping Forces.
The functions of the Chief of Staff shall include:
Organizing the collection, consolidation and analysis of data on the
situation in the conflict zone;
Submitting to the Commander conclusions based on an assessment of the
military, political and tactical situation in the conflict zone, proposals
for the deployment of the Collective Peace-keeping Forces, and reports on
the fulfilment of the assigned tasks;
Coordinating the work carried out by the Staff and other elements of the
Joint Command in planning the peace-keeping operation, and organizing
command, liaison and all-round support;
Establishing and maintaining liaison with the military command, security
and internal affairs organs of the States participating in the peace-
keeping operation and representatives of missions and other United Nations
and OSCE bodies with a view to performing the assigned duties, and also
with the command of the border forces stationed in the conflict zone;
On the instructions of the Commander, providing representatives of
missions and other bodies of the United Nations and OSCE with up-to-date
information on the activities of the Collective Peace-keeping Forces and
also arranging visits by these representatives to units and subunits of
those Forces;
Establishing liaison and maintaining contacts with the leaders of the
parties to the conflict and with local authorities and public organizations
in the conflict zone;
Participating in the organization of negotiations, official meetings and
other activities with a view to settling the conflict;
Maintaining records of the fighting strength, numerical composition and
deployment of the units and subunits of the Collective Peace-keeping
Forces;
Organizing and carrying out monitoring of the implementation of the
decisions adopted by the Commander and of the assigned tasks.
12. The combat units (subunits) shall constitute the core of the
Collective Peace-keeping Forces. The personnel of the combat units shall
be drawn from national military contingents assigned by the States
participating in the peace-keeping operation. Their composition and size
shall be determined by the mandate for the conduct of the peace-keeping
operation.
13. The military observer group shall be a special subunit consisting of
military personnel of the States participating in the peace-keeping
operation. It may carry out duties within the Collective Peace-keeping
Forces or independently.
As a rule, the military observer group shall be used to monitor and
verify how the parties to the conflict are complying with the obligations
they have assumed, for example, cease-fire agreements, limitation of the
numerical strength of the armed forces in a given region, and withdrawal of
their troops from the regions in question and their demobilization.
Monitoring and verification shall include not only observation of the
implementation of agreements, but also activities aimed at persuading the
parties to respect their obligations, for example, through restoration of
the status quo after the violation of a cease-fire agreement.
The military observer group may also perform many other functions,
including monitoring of the situation and submission of reports on it, as
well as maintenance of communications with the parties to the conflict.
14. The function of the group of experts is to study and assess the
military and political situation, the settlement processes and the actions
of the Collective Peace-keeping Forces, to make forecasts about the
development of the situation and to prepare appropriate proposals for the
adoption of decisions by the Commander. It may be invited to prepare
proposals for the solution of contentious issues requiring specialized
knowledge.
15. The police (militia) subunits shall consist of personnel assigned by
the States participating in the peace-keeping operation.
They shall be designated to assist in ensuring legality, law and order,
human rights and the normal functioning of State institutions in the area
where the peace-keeping operation is being conducted.
The police (militia) subunits assigned to the Collective Peace-keeping
Forces by the States participating in the peace-keeping operation shall be
under the authority of the Commander.
16. The combat and logistical support units (subunits) shall consist of
military formations assigned by the States participating in the peace-
keeping operation which are designated to provide all-round support for the
Collective Peace-keeping Forces.
III. FORMATION AND TRAINING OF THE COLLECTIVE
PEACE-KEEPING FORCES
17. The Collective Peace-keeping Forces shall be formed through a
process of coalition involving the States participating in the peace-
keeping operation.
18. The command bodies, and units and subunits, shall be formed of
military personnel serving in the armed forces of the sending States under
contract and on conscription, and also by pre-selected civilian personnel
serving on a voluntary basis. Conscripted soldiers and non-commissioned
officers must have completed at least six months' service in the armed
forces.
Upon selection for the Collective Peace-keeping Forces, military and
civilian personnel must undergo medical examinations and be fit for service
in the climatic conditions of the area of conflict.
The military observer group shall be formed from officers of the armed
forces of the States participating in the peace-keeping operation.
19. The sending States shall bear full responsibility for the condition,
training, equipping and outfitting of the military and civilian personnel
and for transporting them to the area of the conflict.
20. Military and civilian personnel (hereinafter - the personnel) shall
be assigned to the Collective Peace-keeping Forces on a temporary basis,
for periods of up to six months, and their names shall not be removed from
the personnel registers of their military units, establishments or
organizations.
All personnel shall conclude contracts in accordance with their national
legislation for their period of service with the Collective Peace-keeping
Forces.
21. Training of the personnel of the Collective Peace-keeping Forces
shall take place at the centralized level - at unified training centres for
the Commonwealth - or independently, at training centres of the sending
States, and shall be conducted under a unified programme approved by the
Council of Ministers of Defence in coordination with the Council of
Ministers for Foreign Affairs. The basic goal of the training shall be for
the personnel to acquire the knowledge and practical skills needed to
perform peace-keeping functions.
Coordination and monitoring of the implementation of the measures for the
selection and training of the personnel of the Collective Peace-keeping
Forces shall be entrusted to the Council of Ministers for Foreign Affairs
and the Council of Ministers of Defence in their areas of competence.
22. The training of military observers shall be conducted in training
centres (at courses) under special training programmes approved by the
Council of Ministers of Defence. The goal of the training shall be their
acquisition of the necessary specialized knowledge and skills for the
successful performance of the assigned functions.
23. Civilian personnel must have an education (political, military,
legal, humanitarian etc.) corresponding to the objectives of the peace-
keeping mission and, at their level, must be able to understand a complex
socio-political situation and take appropriate decisions.
IV. BASIC PRINCIPLES FOR THE DEPLOYMENT OF THE COLLECTIVE
PEACE-KEEPING FORCES
24. The Collective Peace-keeping Forces may be introduced into a
conflict region only after the parties to the conflict have agreed on a
cease-fire or truce and have put these agreements into effect. The actions
of the Collective Peace-keeping Forces must not go beyond the powers
defined in the mandate.
25. National contingents shall come under the direct authority of the
Commander as soon as their commander (officer in charge) has reported
arrival in the area of the conflict.
26. The basic principles of action by the Collective Peace-keeping
Forces shall be:
Impartiality and neutrality;
Compliance with the laws of the receiving State;
Respect for the customs and traditions of the local population;
Non-participation in combat operations;
Non-use of weapons, other than in the exceptional cases envisaged in
paragraph 28 of this Statute;
Transparency (openness of activity).
27. The personnel of the Collective Peace-keeping Forces, when
performing their tasks and on duty, shall carry regulation weapons and
shall be personally responsible for their care and proper use.
28. When performing their functions, the personnel of the Collective
Peace-keeping Forces shall, by way of exception, have the right to use
weapons:
To ensure their security and protection against any endangerment of their
life and health in exercise of their inalienable right to self-defence;
In the event of attempts to prevent them by force from carrying out the
functions entrusted to them;
To repel an overt armed attack by groups or bands of terrorists or
saboteurs, and also in order to arrest them;
To protect the civilian population from violent endangerment of their
life and health.
Weapons may also be used to give an alarm signal or call for assistance.
29. When using weapons, all possible steps must be taken to ensure the
safety of elderly people, women, children and other civilians, except in
cases where they offer armed resistance or a group attack is launched which
threatens the lives of the personnel of the Collective Peace-keeping Forces
and of other civilians and cannot be repelled by any other means.
All cases of the use of weapons shall be reported immediately through the
command structure, and shall be officially investigated.
The use of heavy weapons, especially weapons with indiscriminate effects,
against the civilian population is not permissible.
V. TECHNICAL SUPPORT FOR THE COLLECTIVE PEACE-KEEPING FORCES
30. Military contingents, including military, technical and rear support
units (subunits), shall be fully supplied with weapons and military
equipment, spare parts and military and technical supplies, and technical
servicing, evacuation and repair components under schedules, tables and
norms specially drawn up for them, taking into account the physical and
geographical conditions of the region in which their tasks are carried out
and in accordance with individual agreements.
31. Supplies for the technical support of the Collective Peace-keeping
Forces, the repair of equipment and the replacement of losses shall be
provided and delivered by the sending States.
32. The sending State shall acquire any technical supplies which it
lacks from other States members of the Commonwealth on the basis of
agreements and mutual settlements.
VI. LOGISTIC SUPPORT OF THE COLLECTIVE PEACE-KEEPING FORCES
33. Rear support and routine services for national military contingents,
military observers and civilian personnel shall be the responsibility of
the sending State.
The receiving State shall provide military contingents, military
observers and civilian personnel with living and service quarters,
communications facilities and other elements of infrastructure.
34. The sending States shall acquire any materials which they lack from
other States members of the Commonwealth on the basis of agreements and
mutual settlements.
35. In accordance with existing international agreements and norms, the
transport of material supplies for the support of the Collective Peace-
keeping Forces in the territory of the States members of the Commonwealth
shall be carried out by mutual agreement and without hindrance. The States
members of the Commonwealth through whose territories the cargo is
transported shall take all necessary measures to ensure its security and
timely shipment.
36. Medical care for the Collective Peace-keeping Forces shall be
organized by the Joint Command in coordination with the medical bodies of
the receiving State and shall be provided at the expense of the sending
States.
37. The provision of military contingents, police (militia) and civilian
personnel of the Collective Peace-keeping Forces shall be financed by the
sending States or under any other procedure that may be determined by the
Council of Heads of State.
38. The Joint Command shall be financed by means of assessed
contributions from the States participating in the peace-keeping operation.
VII. STATUS AND SOCIAL-LEGAL PROTECTION OF THE PERSONNEL OF
THE COLLECTIVE PEACE-KEEPING FORCES
39. For the duration of their service in the Collective Peace-keeping
Forces, personnel shall enjoy the status, privileges and immunities
accorded to United Nations personnel when conducting peace-keeping
operations in accordance with the Convention on Privileges and Immunities
of the United Nations adopted by the General Assembly on 13 February 1946,
the Convention on the Safety of United Nations and Associated Personnel
approved by the General Assembly on 9 December 1994, the Protocol of 15 May
1992 on the Status of military observer groups and collective peace-keeping
forces in the Commonwealth of Independent States, and this Statute.
40. A continuous term of deployment for personnel in the Collective
Peacekeeping Forces shall not exceed six months. The prescribed term may
be extended only with the consent of the person concerned on an individual
basis.
41. Personnel of the Collective Peace-keeping Forces shall continue to
receive in full the pay (salary), increments, and additional allowances
payable at their place of regular service (employment).
42. The social and legal guarantees prescribed in this Statute shall not
apply to persons who abandon their military unit or place of service
(employment) without leave or to persons who have committed an act liable
to criminal prosecution while serving in the Collective Peace-keeping
Forces.
43. The period of deployment of the personnel of the Collective
Peacekeeping Forces shall be determined by order of the Commander.
VIII. SYMBOLS OF THE COLLECTIVE PEACE-KEEPING FORCES
44. The Collective Peace-keeping Forces shall have their own
distinguishing insignia, which must be easily recognizable at a
considerable distance and in limited visibility.
Identification insignia shall be worn by personnel on their uniforms,
painted on combat equipment and means of transport, erected at command
posts and positions of the Collective Peace-keeping Forces, and also at
demarcation lines (lines separating the conflicting sides) in accordance
with the appendix.
APPENDIX
Description and illustration of the distinguishing insignia
of the Collective Peace-keeping Forces
The distinguishing insignia of the personnel of the Collective
Peacekeeping Forces shall be a light blue strip of cloth 50 mm wide and 100
mm long with the yellow letters "MC" in the centre; the strip shall be sewn
to the left sleeve of the field jacket 10 mm below the pocket and to the
cotton service cap 10 mm above the base of the peak. On the steel helmet a
light blue painted strip shall entirely encircle the helmet at a distance
of 25 mm from the edge of the front part of the helmet. The letters shall
be 30 mm high; the width of the letter "M" shall be 25 mm and that of the
letter "C" shall be 18 mm; the thickness of the letters shall be 5 mm.
Combat equipment and means of transport shall be painted with a light
blue strip 150 mm wide with a 400 mm-diameter circle in the centre of the
strip. The circle shall contain the yellow letters "MC" measuring 300 mm
in height. The width of the letter "M" shall be 150 mm and that of the
letter "C" shall be 110 mm; the thickness of the letters shall be 25 mm.
The distinguishing insignia shall be carried on the front and rear section
of the vehicle (object) along an axis running from the top and down the
sides and along the centre and entire length of the body (cabin).
Positions and demarcation lines shall be marked by flags of the
Commonwealth of Independent States.
Flag dimensions:
At the command post of the Commander of the Collective Peace-keeping
Forces - 1 x 2 metres;
At the command posts of units, command and observation posts and
observation posts of subunits and other duty stations - 0.5 x 1 metres;
At lines of demarcation between the conflicting sides - 1 x 2 metres;
Pennants displaying the symbol of the Commonwealth measuring 20 x 40 cm
shall be affixed to combat equipment and means of transport, and pennants
measuring 15 x 30 cm shall be affixed to passenger vehicles.
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ANNEX VI
Decision on the Statute on the Flag of the Commonwealth
of Independent States
The Council of Heads of State of the Commonwealth of Independent States
has decided:
1. To approve the Statute on the Flag of the Commonwealth of Independent
States (attached).
2. That the Heads of State shall take the necessary measures to
establish in the legislation of their States liability for acts which
undermine the dignity of the flag of the Commonwealth of Independent States
and the use of the flag in breach of the regulations prescribed by the
Statute on the Flag of the Commonwealth of Independent States.
3. To instruct the Executive Secretariat of the Commonwealth to draw up
technical specifications for the manufacture of the flag of the
Commonwealth of Independent States, an authorization procedure for the use
of the flag and instructions for its depiction in accordance with the
Statute.
DONE at Moscow on 19 January 1996 in one original in the Russian
language. The original shall be deposited with the Executive Secretariat of
the Commonwealth of Independent States, which shall send certified copies
thereof to the States signatories to this decision.
For the Republic of Armenia:For the Azerbaijan Republic:
(Signed) L. TER-PETROSYAN(Signed) G. ALIEV
For the Republic of Belarus:For Georgia:
[No signature](Signed) E. SHEVARDNADZE
For the Republic of Kazakstan:For the Kyrgyz Republic:
(Signed) N. NAZARBAEV(Signed) A. AKAEV
For the Republic of Moldova:For the Russian Federation:
(Signed) M. SNEGUR(Signed) B. YELTSIN
For the Republic of Tajikistan:For Turkmenistan:
(Signed) E. RAKHMONOV(Signed) S. NIYAZOV
For Ukraine:For the Republic of Uzbekistan:
[No signature][No signature]
APPENDIX
Statute on the Flag of the Commonwealth of Independent States
1. The flag of the Commonwealth of Independent States (hereinafter
referred to as the flag of the Commonwealth) shall be the symbol of the
Commonwealth of Independent States (hereinafter referred to as the
Commonwealth) and shall consist of a right-angled dark blue field in the
centre of which is a white figure made up of vertical bars, diverging
symmetrically in the upper part of the figure to right and left to form
concentric ring-shaped design elements. The latter broaden towards the top
and are rounded, while their length and width decrease from the centre of
symmetry towards the periphery. In the upper part of the design is a
golden circle surrounded by the ring-shaped elements (illustration
attached).
The design symbolizes the aspiration for equitable partnership, unity,
peace and stability.
The proportion of the width of the flag to its length shall be 1:2.
2. The Commonwealth flag shall be flown:
On buildings occupied by Commonwealth bodies - permanently;
On official residences occupied by persons chairing Commonwealth bodies
and the Executive Secretary of the Commonwealth - whenever they are present
in the building;
On buildings where meetings of the statutory and sectoral bodies of the
Commonwealth take place - whenever such meetings are being held;
On vehicles used by persons chairing Commonwealth statutory bodies, the
Executive Secretary of the Commonwealth and leaders of other Commonwealth
statutory bodies.
3. The Commonwealth flag may be placed in the offices of Heads of State,
Heads of Government and Chairmen of national parliaments (Chairmen of the
chambers of national parliaments) of the States members of the
Commonwealth, persons chairing Commonwealth statutory bodies, the Executive
Secretary of the Commonwealth and leaders of other Commonwealth statutory
bodies.
4. The Commonwealth flag shall be used by the Collective Peace-keeping
Forces while they are conducting peace-keeping operations and by special
subunits assigned to deal with the consequences of emergencies in the
territories of the States members of the Commonwealth.
5. The Commonwealth flag may also be flown by Commonwealth bodies in the
following circumstances:
On the anniversary of the founding of the Commonwealth;
On national and official holidays of the State where a Commonwealth body
is present.
6. The Commonwealth flag may be flown separately or together with the
flags of States members of the Commonwealth.
When the Commonwealth flag is flown with another or a number of other
flags, all the flags should be at the same level and of approximately the
same size.
When the flags of the States members of the Commonwealth are arranged in
a circle, the Commonwealth flag should not be aligned with the others. The
Commonwealth flag must always be hoisted on a flagstaff located in the
centre or the immediate vicinity of the circle.
When the flags of the States members of the Commonwealth are arranged in
a line, cluster or semi-circle, the Commonwealth flag should be hoisted
either separately or in the centre of the line, cluster or semi-circle.
7. On days which have been declared days of mourning by a decision of
the Council of Heads of State, and on days of national mourning of any
State member of the Commonwealth, Commonwealth flags flown on masts shall
be lowered by one third of the length of the mast. A black ribbon shall be
affixed to Commonwealth flags displayed on poles and inside buildings; the
length of the ribbon shall be equal to the length of the flag.
8. The Commonwealth flag and its image, regardless of its size, must
always correspond exactly to its representation in respect of colour and
design.
9. The Commonwealth flag and its image may not be used for commercial
purposes.
The image of the Commonwealth flag may be used for decorative purposes as
the symbol of the Commonwealth provided that no disrespect is shown to the
Commonwealth flag.
10. Authorization to use the Commonwealth flag and its image for
representational and other purposes not provided for in this Statute shall
be issued by the Executive Secretariat of the Commonwealth with the
participation of the secretariat of the Council of the Inter-Parliamentary
Assembly of States members of the Commonwealth.
11. Liability for violating the requirements of this Statute and for
defiling the Commonwealth flag shall be prescribed in accordance with the
legislation of the State in whose territory the violation took place.
ATTACHMENT
Illustration of the flag of the Commonwealth
of Independent States
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ANNEX VII
Decision on the Statute on the emblem of the
Commonwealth of Independent States
The Council of Heads of State of the Commonwealth of Independent States,
Has decided:
1. To adopt the Statute on the emblem of the Commonwealth of Independent
States (see appendix).
2. The Heads of State shall take the necessary measures to establish under
their State legislation responsibility for actions impairing the dignity of
the emblem of the Commonwealth of Independent States and for use of the
emblem in violation of the rules set forth in the Statute on the emblem of
the Commonwealth of Independent States.
3. To entrust the Executive Secretariat of the Commonwealth with the task
of establishing the procedure for producing the CIS emblem and its mass
circulation and the procedure for the manufacture, use, storage and
disposal of seals depicting the emblem of the Commonwealth of Independent
States.
DONE at Moscow on 19 January 1996 in one authentic copy in the Russian
language. The authentic copy shall be kept in the Executive Secretariat of
the Commonwealth of Independent States, which shall send to each State that
has signed this decision its certified copy.
For the Republic of Armenia: For the Republic of Moldova:
(Signed) L. TER-PETROSYAN (Signed) M. SNEGUR
For the Azerbaijan Republic: For the Russian Federation:
(Signed) G. ALIEV (Signed) B. YELTSIN
For the Republic of Belarus: For the Republic of Tajikistan:
(Signed) E. RAKHMONOV
For Georgia:
(Signed) E. SHEVARDNADZE For Turkmenistan:
(Signed) S. NIYAZOV
For the Republic of Kazakstan:
(Signed) N. NAZARBAEV For Ukraine:
For the Kyrgyz Republic: For the Republic of Uzbekistan:
(Signed) A. AKAEV
APPENDIX
Statute on the emblem of the Commonwealth of Independent States
1. The Commonwealth of Independent States (hereinafter, the Commonwealth)
shall have as its emblem (hereinafter, the CIS emblem) a design consisting
of a framed dark-blue circle containing a white figure made up of vertical
bars diverging symmetrically in the upper part of the figure to right and
left to form concentric ring-shaped elements. The latter broaden towards
the top and are rounded, while their length and width decrease from the
centre of the symmetrical figure towards the periphery. The upper part of
the design depicts a golden circle surrounded by the ring-shaped elements
(illustration attached).
The design symbolizes aspiration towards equitable partnership, unity,
peace and stability.
2. Reproduction of the CIS emblem shall be permitted in polychromatic,
monochromatic (dark blue or black) and three-dimensional versions.
3. The CIS emblem shall be displayed:
On buildings housing the statutory and branch bodies of the Commonwealth of
Independent States;
On transport vehicles used by them;
In premises where meetings of Commonwealth bodies are held;
On the seals and document forms of these bodies;
On official publications of Commonwealth bodies.
4. The reproduction of polychromatic, graphic and three-dimensional
depictions of the CIS emblem, regardless of their size, shall always
correspond exactly to its polychromatic or monochromatic (dark blue or
black) design.
5. The CIS emblem may be reproduced for souvenirs to be used for display
purposes.
6. The Commonwealth Executive Secretariat, with the participation of the
Secretariat of the Council of the Parliamentary Assembly of the
Commonwealth States Members, shall be empowered to authorize the
manufacture and use of the CIS emblem and its depiction in cases that are
not provided for under this Statute.
7. Responsibility for infringing the requirements of this Statute shall be
established in accordance with the legislation of the State in whose
territory the infringement takes place.
Moscow, 19 January 1995
ATTACHMENT
Monochromatic (black) illustration of the emblem of the
Commonwealth of Independent States
/... A/51/62
S/1996/74
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Page
A/51/62
S/1996/74
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ANNEX VIII
Agreement on the training and instruction of military
and civilian personnel of States members of the
Commonwealth of Independent States for participation
in peace-keeping operations
The States members of the Commonwealth of Independent States, guided by
the long-term plan for the integrated development of the Commonwealth of
Independent States, adopted by the decision of the Council of Heads of
State of the Commonwealth of Independent States of 21 October 1994, the
decision by the Collective Security Council on the collective-security
concept of the States parties to the Treaty on Collective Security of 10
February 1995, and also taking into account the need for the coordinated
and high-quality training of military and civilian personnel for
participation in peace-keeping operations,
Have agreed on the following:
Article 1
In order to enhance the effectiveness of peace-keeping operations in the
Commonwealth of Independent States, to organize, as from 1 October 1966,
the training and instruction of military and civilian personnel assigned to
collective peace-keeping forces in the Commonwealth of Independent States,
in accordance with the appended list.
To permit the Council of Ministers of Defence of the States Members of
the Commonwealth of Independent States and the Council of Ministers for
Foreign Affairs of the States Members of the Commonwealth of Independent
States to make, where necessary, agreed amendments to the aforementioned
list.
Article 2
To conduct the training and instruction of the military and civilian
personnel referred to in article 1 of this Agreement in training centres
for peace-keeping forces in accordance with common programmes approved by
the Council of Ministers of Defence of the States Members of the
Commonwealth of Independent States in coordination with the Council of
Ministers for Foreign Affairs of the States Members of the Commonwealth of
Independent States.
The training centres for peace-keeping forces, the number of such centres
and the periods when they are operational, as well as the procedure for the
training in them of personnel assigned to collective peace-keeping forces
in the Commonwealth of Independent States shall be determined by the
Commonwealth Council of Heads of Government on the basis of a joint
proposal by the Council of Ministers of Defence of the States Members of
the Commonwealth of Independent States and the Council of Ministers for
Foreign Affairs of the States Members of the Commonwealth of Independent
States.
The training and instruction of police (militia) personnel assigned to
police (militia) subunits shall be conducted by the Ministries of Foreign
Affairs of the States parties to this Agreement.
Article 3
The logistical support for and the financing of the training centres for
peace-keeping forces referred to in article 2 of this Agreement shall be
provided by the States in whose territory the centres are situated.
Article 4
The training and instruction of the military and civilian personnel of
States members of the Commonwealth of Independent States sent to training
centres for peace-keeping forces of another State member shall be conducted
in the manner laid down under bilateral instruction contracts.
Article 5
Questions related to the training and instruction, in training centres
for peace-keeping forces, of military and civilian personnel assigned to
the collective peace-keeping forces of the Commonwealth of Independent
States shall be coordinated by the Council of Ministers of Defence of the
States Members of the Commonwealth of Independent States in conjunction
with the Council of Ministers for Foreign Affairs of the States Members of
the Commonwealth of Independent States.
Article 6
This Agreement shall be open for accession by any State member of the
Commonwealth of Independent States as well as other States that share the
goals of this Agreement.
Article 7
This Agreement shall enter into force on the date of its signing.
The Agreement shall be concluded for a period of five years. Upon the
expiry of this period, the validity of the Agreement shall be extended for
the following five-year period.
Any party to this Agreement may denounce it by sending written
notification of its intention to the depositary at least six months in
advance. The depositary shall inform all the parties to the Agreement
about this within a period of one month.
DONE at Moscow on 19 January 1996 in one authentic copy in the Russian
language. The authentic copy shall be kept in the Executive Secretariat of
the Commonwealth of Independent States, which shall send to each State that
has signed this Agreement its certified copy.
For the Republic of Armenia:
(Signed) L. TER-PETROSYAN
For the Azerbaijan Republic:
For the Republic of Belarus:
(Signed) A. LUKASHENKO
For Georgia:
(Signed) E. SHEVARDNADZE
For the Republic of Kazakstan:
For the Kyrgyz Republic:
(Signed) A. ALIEV
For the Republic of Moldova:
For the Russian Federation:
(Signed) B. YELTSIN
For the Republic of Tajikistan:
(Signed) E. RAKHMONOV
For Turkmenistan:
For Ukraine:
For the Republic of Uzbekistan:
(Signed) I. KARIMOV
APPENDIX
List of the military and civilian personnel to be assigned
to the collective peace-keeping forces of the Commonwealth
of Independent States and instructed in training centres
for peace-keeping forces
1. Military personnel:
The Joint Command of the Collective Peace-keeping Forces in the
Commonwealth of Independent States,
Combat units (subunits),
Military observers and liaison officers.
2. Police (militia) personnel assigned to police (militia) subunits.
3. Civilian personnel:
(a) Observers of missions to monitor:
Observance of human rights,
Actions by local authorities,
Actions by police (militia) subunits,
The holding of elections to local self-government bodies, central
government bodies and the conducting of referendums;
(b)Specialists on questions relating to the provision humanitarian
assistance.
ANNEX IX
Appeal by the Commonwealth Council of Heads of State to the
Presidents of the Azerbaijan Republic and the Republic of
Armenia and to the Heads of other States
The Council of Heads of State of the Commonwealth of Independent States,
Welcomes the lengthy cease-fire, lasting more than 20 months, in the area
of the Nagorny-Karabakh conflict, which was established after the appeal by
the Commonwealth Council of Heads of State of 15 April 1994;
Commends the firm determination of the sides to observe the truce brought
about until the conclusion of an agreement on the cessation of the armed
conflict and to settle the conflict by exclusively peaceful means;
Will continue to encourage and support the persistent search for
solutions to the key problems of achieving a political settlement on the
basis of the principles of the United Nations and the Organization for
Security and Cooperation in Europe (OSCE), with the active role of the
Russian Federation within the framework of OSCE;
Considers that it is a matter of top priority to achieve substantial
progress in the negotiations and proceed, as speedily as possible, to the
signing of a political agreement, which will make the halting of the
bloodshed irreversible and lay the basis for the subsequent elimination of
the severe consequences of the conflict for all sides. The Commonwealth
States members are prepared to facilitate in an all-around manner the
consolidation of the results of the negotiations in order to prevent a
resumption of fighting;
Urges that maximum use be made of the negotiation process, consultations
and the possibility of shuttle diplomacy in order to achieve a breakthrough
to a political settlement and the restoration of peace and stability in the
region, which would be an important contribution to the strengthening of
our Commonwealth;
Urges also the States parties participating in the OSCE Minsk process to
lend support to the new steps now being taken in order to strengthen peace
in the region.
On behalf of the Council of Heads of State of the Commonwealth of
Independent States,
(Signed) B. YELTSIN
Chairman of the Council of Heads of State
of the Commonwealth of Independent States
Moscow, 19 January 1996
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