On the ratification of the Agreement on Peacekeeping Activities of the Collective Security Treaty Organization

Home / RLA / On the ratification of the Agreement on Peacekeeping Activities of the Collective Security Treaty Organization

The Law of the Republic of Kazakhstan dated October 24, 2008 No. 73-IV.

To ratify the Agreement on Peacekeeping Activities of the Collective Security Treaty Organization, signed in Dushanbe on October 6, 2007.

President

Republic of Kazakhstan

N. Nazarbayev

AGREEMENT on Peacekeeping Activities of the Collective Security Treaty Organization

Member States of the Collective Security Treaty Organization (hereinafter referred to as the Member States),

Reaffirming their commitment to ensuring security and stability on a collective basis in the area of responsibility of the Collective Security Treaty Organization (hereinafter referred to as the CSTO) and in neighboring regions,

Declaring their commitment to the purposes and principles enshrined in the UN Charter, the decisions of the UN Security Council, and generally recognized norms of international law,

Guided by the objectives of the Collective Security Treaty of May 15, 1992, the Charter of the Collective Security Treaty Organization, and the Decision of the CSTO Collective Security Council of June 18, 2004 on the Concept of the formation and functioning of the mechanism of peacekeeping activities of the Collective Security Treaty Organization,

Based on the importance of ensuring the effective participation of the CSTO and its member States in the efforts of the international community to maintain international peace and security,

Considering the CSTO's participation in peacekeeping activities to be an effective tool for strengthening its international positions, authority and political weight in global and regional affairs,

have agreed on the following :

Article 1

For the purposes of this Agreement, the following terms mean:

"CSTO peacekeeping activities" is a set of measures including peaceful means and actions aimed at resolving disputes (in accordance with the UN Charter), as well as collective actions taken by member states using military, police (police) and civilian personnel aimed at preventing, deterring and ending hostilities between states or within the State through the intervention of a third party and contributing to the maintenance of peace and security;

The "CSTO peacekeeping operation" (hereinafter referred to as the peacekeeping operation) is a set of interrelated goals, objectives, place and time of actions by impartial military, police (police) and civilian personnel undertaken to stabilize the situation in areas of potential or existing conflicts, carried out in accordance with the mandate to conduct peacekeeping operations and aimed at creating conditions conducive to conflict resolution and the maintenance or restoration of peace and security;

"peacekeeping contingents of the CSTO member states" (hereinafter referred to as peacekeeping contingents) are specially trained military, police (police) and civilian personnel, as well as forces and means provided by the member states to the CSTO peacekeeping forces.;

The "CSTO Peacekeeping Forces" (hereinafter referred to as the Peacekeeping Forces) is a set of peacekeeping contingents intended to participate in CSTO peacekeeping operations.;

"Collective peacekeeping forces of the CSTO" (hereinafter referred to as the CSTO) are units from the peacekeeping contingents allocated by the member states for the duration of the peacekeeping operation.;

"the mandate to conduct a peacekeeping operation" (hereinafter referred to as the Mandate) is a decision of the CSTO Collective Security Council (hereinafter referred to as the CSTO) or, in the case of a peacekeeping operation outside the territory of the member states, a decision of the UN Security Council, which defines the goals and objectives, time and spatial limits, and other details of a specific peacekeeping operation. as well as the powers of peacekeepers.

The mandate is the legal basis for the deployment of the Naval Forces in the conflict zone and the initial document for the development of a peacekeeping operation plan.;

A "coordinating State" is one of the Member States designated by the United Nations Security Council to address organizational issues and issues of comprehensive support for the use of the CMS in UN peacekeeping operations.;

The "Head of the CSTO peacekeeping mission" (hereinafter referred to as the Head of the peacekeeping mission) is an official appointed by the CSTO and entrusted with appropriate powers in the conflict zone, acting on its behalf and reporting to it.;

The "operational working group for the preparation of the CSTO peacekeeping operation" (hereinafter referred to as the Group) is a working group temporarily established by the CSTO and sent to the zone of potential or existing conflict in order to monitor the military-political situation, determine the situation on the ground and develop proposals and recommendations on the expediency, possible timing and scale of the peacekeeping operation, the composition and tasks of the KMS, ensuring their deployment in the area of the peacekeeping operation;

"KMS personnel" - specially trained military, police (police) and civilian personnel of peacekeeping contingents allocated by the Member States to the KMS.

The footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 09/26/2023 No. 28-VIII (enters into force in accordance with the procedure provided for in Article 12 of the Agreement).

Article 2

Member States establish Peacekeeping Forces on a permanent basis to participate in peacekeeping operations.

In accordance with their national legislation, Member States allocate peacekeeping contingents on a permanent basis to recruit Peacekeeping forces.

The peacekeeping contingents of the CSTO member states are trained according to the CSTO common programs, equipped with common or compatible models of weapons and communications, and participate in regular joint exercises.

Article 3

The decision to conduct a peacekeeping operation on the territory of the CSTO member states is made taking into account the national legislation of the member states on the basis of an official request from a member state to conduct a peacekeeping operation on its territory or a decision of the UN Security Council to conduct a peacekeeping operation on the territory of a non-CSTO state.

The preparation of the decision of the Security Council on conducting a peacekeeping operation is carried out on the recommendation of the Council of Foreign Ministers, the Council of Defense Ministers and the Committee of Secretaries of the CSTO Security Councils (hereinafter referred to as the Council of Foreign Ministers, CFR and KSSB, respectively).

To analyze the military-political situation in the zone of a potential or existing conflict and to develop proposals on the expediency of conducting a peacekeeping operation, its scale, timing and composition of the KMS, a Group is created by the decision of the Security Council.

The composition, tasks and functions of the Group are determined by a separate Regulation approved by the CSC.

Peacekeeping operations are not a substitute for conflict resolution through negotiations and other peaceful means.

Article 4

The CSC immediately informs the UN Security Council of its decision to conduct a peacekeeping operation on the territory of a Member State. Based on the situation, the scale of the conflict and its possible impact on the situation in the region, the Security Council may request the authority (Mandate) from the UN Security Council to conduct a peacekeeping operation or establish a procedure for periodically informing the UN Security Council about the progress of a peacekeeping operation.

In the event of a decision to conduct a peacekeeping operation outside the territory of the Member States, the CSC addresses the UN Security Council with a request to provide an appropriate Mandate for a peacekeeping operation.

After receiving the Mandate, the Security Council appoints the Head of the peacekeeping mission.

The status and powers of the Head of the peacekeeping mission are determined by a separate Regulation approved by the Security Council.

Article 5

To participate in a specific peacekeeping operation, a naval force is being created from the Peacekeeping Forces.

The staffing of the CMS, their structure, tasks and functions, the legal status of the CMS personnel, logistical support and financing of their activities are determined by a separate Regulation approved by the CSC.

The composition, structure and strength of the KMS are determined by the decision of the CSC for each peacekeeping operation separately.

The actions taken by the CCM are carried out in a spirit of impartiality, neutrality and openness, with the express consent of the conflicting parties and subject to their reaching an agreement on a cease-fire and other military actions in the conflict zone, and while ensuring the safety of the peacekeeping contingent and its right to self-defense.

The implementation of peacekeeping activities by Member States is exclusively voluntary.

Article 6

During the preparation and conduct of a peacekeeping operation, the KMS reports to the Commander of the KMS, who is appointed by the JSCB and is accountable to him.

The coordination of measures for the preparation of the Naval Forces and the conduct of peacekeeping operations is entrusted to the CSTO Joint Headquarters.

Article 7

According to the decision of the Security Council, the KMS can participate in peacekeeping operations carried out on the basis of relevant decisions of the UN Security Council.

According to the decision of the Security Council, the CCM is sent to participate in peacekeeping operations of regional organizations carried out under their jurisdiction in accordance with the provisions of the UN Charter and not involving coercive actions, provided there are legitimate decisions of regional organizations and the consent of the state to conduct an operation on its territory.

Article 8

Peacekeeping forces can be used in UN peacekeeping operations.

To be used in UN peacekeeping operations, the CMS is created under the auspices of the coordinating State. The conditions for the participation of the KMS in the UN peacekeeping operation are determined in an agreement concluded by the coordinating State with the authorized UN unit. Certain issues related to the inclusion of peacekeeping contingents in the naval forces intended for use in UN peacekeeping operations are regulated by bilateral and multilateral agreements between the coordinating State and other Member States.

Each Member State has the right to send its peacekeeping contingents registered in the United Nations Peacekeeping Capability Readiness System to participate in peacekeeping operations under the UN mandate, informing the Security Council of its participation.

The footnote. Article 8 - as amended by the Law of the Republic of Kazakhstan dated 09/26/2023 No. 28-VIII (enters into force in accordance with the procedure provided for in Article 12 of the Agreement).

Article 9

The Member States recognize the personnel of the KMS performing duties in the KMS area of responsibility as participants in hostilities and guarantee compliance with this status in accordance with their national legislation.

Article 10

This Agreement is registered with the UN Secretariat in accordance with Article 102 of the UN Charter.

Article 11

The Member States shall resolve disputes and disagreements that may arise in connection with the interpretation and/or application of this Agreement through negotiations and consultations.

Article 12

This Agreement shall enter into force on the date of receipt by the depositary of the fourth written notification that the signatory Member States have completed the internal procedures necessary for its entry into force.

For Member States that have completed such procedures later, this Agreement shall enter into force on the date of deposit of the relevant written notification to the depositary.

Article 13

The provisions of this Agreement shall not affect the rights and obligations of the Member States arising from other international treaties to which they are parties.

Article 14

Any Member State may withdraw from this Agreement by sending a written notification to the depositary.

This Agreement shall terminate in respect of this Member State upon the expiration of 6 months from the date of receipt by the depositary of such notification.

Article 15

Upon the proposal of any Member State, with the consent of other Member States, amendments and additions may be made to this Agreement, which are formalized by a separate protocol, which is an integral part of this Agreement.

Protocols on amendments and additions shall enter into force in accordance with the procedure provided for in Article 12 of this Agreement.

Done in Dushanbe on October 6, 2007, in one original copy in the Russian language. The original copy of this Agreement shall be kept at the CSTO Secretariat, which will send a certified copy to each signatory state.

For the Republic of Armenia

For the Russian Federation

For the Republic of Belarus

For the Republic of Tajikistan

For the Republic of Kazakhstan

For the Republic of Uzbekistan

For the Kyrgyz Republic

Reservation of the Republic of Uzbekistan

to draft documents on regulatory and

organizational design within the framework of the CSTO mechanism

peacekeeping activities:

CSTO peacekeeping Agreements;

Regulations on the Collective Peacekeeping Forces of the CSTO;

Regulations on the Operational Working Group for the Preparation of CSTO Peacekeeping Operations;

Regulations on the Head of the CSTO peacekeeping mission.

"Uzbekistan will participate in peacekeeping operations outside its territory in accordance with its legislation only by decision of the Parliament of the Republic of Uzbekistan".

President

Republic of Uzbekistan

I. Karimov

I hereby certify that this text is a certified copy of the certified copy of the Agreement on Peacekeeping Activities of the Collective Security Treaty Organization, signed on October 6, 2007 in Dushanbe.

Head of the Department

International Law Department

Ministries of Foreign Affairs

Affairs of the Republic of Kazakhstan

J. Bukhbantaev

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases