REGIONAL CONFLICTS IN GEORGIA – THE AUTONOMOUS OBLAST OF SOUTH OSSETIA, THE AUTONOMOUS SSR OF ABKHAZIA (1989-2006) / Part 3
1996
RESOLUTION 1036 (12 JANUARY 1996) ADOPTED BY THE UN SECURITY
The Security Council,
Reaffirming all its relevant resolutions, in particular resolution 993 (1995) of 12 May 1995,
Having considered the report of the Secretary-General of 2 January 1996 (S/1996/5),
Reaffirming its commitment to the sovereignty and territorial integrity of Georgia,
Stressing the need for the parties to intensify efforts, under the auspices of the United Nations and with the assistance of the Russian Federation as facilitator, to achieve an early and comprehensive political settlement of the conflict, including on the political status of Abkhazia, fully respecting the sovereignty and territorial integrity of Georgia,
Noting the holding of presidential and parliamentary elections in Georgia in November 1995 and expressing the hope that these will contribute positively to the achievement of a comprehensive political settlement of the conflict in Abkhazia, Georgia,
Reaffirming also the right of all refugees and displaced persons affected by the conflict to return to their homes in secure conditions in accordance with international law and as set out in the Quadripartite Agreement of 4 April 1994 on voluntary return of refugees and displaced persons (S/1994/397, annex II),
Deploring the continued obstruction of such return by the Abkhaz authorities,
Deeply concerned over the deterioration in the humanitarian situation, in particular in the Gali region where there is a continued lack of a secure environment,
Deeply concerned also at the rising violence and at the killings being committed in the areas under the control of the Abkhaz side reported in the letter of 8 January 1996 from the Permanent Representative of Georgia to the United Nations addressed to the President of the Security Council (S/1996/9), Recalling the conclusions of the Budapest summit of the Conference on Security and Cooperation in Europe (S/1994/1435, annex) regarding the situation in Abkhazia, Georgia,
Reaffirming the necessity for the parties to comply strictly with international humanitarian law,
Noting that the Moscow Agreement of 14 May 1994 on a Cease-fire and Separation of Forces (S/1994/583, annex I) has generally been respected by the parties with the assistance of the Commonwealth of Independent States (CIS) peace-keeping forces and the United Nations Observer Mission in Georgia (UNOMIG),
Expressing its satisfaction with the close cooperation and coordination between UNOMIG and the CIS peace-keeping force in the performance of their respective mandates and commending the contribution both have made to stabilize the situation in the zone of conflict,
Expressing concern about the safety and security of UNOMIG and CIS personnel and stressing the importance it attaches to their freedom of movement, Noting that the forthcoming meeting of the Council of Heads of State of the CIS to be held in Moscow on 19 January 1996 will consider the extension of the mandate of the CIS peace-keeping force,
1. Welcomes the report of the Secretary-General of 2 January 1996;
2. Expresses its deep concern at the continued deadlock in the efforts to achieve a comprehensive settlement of the conflict in Abkhazia, Georgia;
3. Reaffirms its full support for the efforts of the Secretary-General aimed at achieving a comprehensive political settlement of the conflict, including on the political status of Abkhazia, respecting fully the sovereignty and territorial integrity of Georgia, as well as for the efforts that are being undertaken by the Russian Federation in its capacity as facilitator to intensify the search for a peaceful settlement of the conflict, and encourages the Secretary-General to continue his efforts, with the assistance of the Russian Federation as facilitator, and with the support of the Organization for Security and Cooperation in Europe (OSCE), to that end;
4. Calls upon the parties, in particular the Abkhaz side, to achieve substantive progress without further delay towards a comprehensive political settlement and further calls upon them to cooperate fully with the efforts undertaken by the Secretary-General with the assistance of the Russian Federation as facilitator;
5. Demands that the Abkhaz side accelerate significantly the process of voluntary return of refugees and displaced persons by accepting a timetable on the basis of that proposed by the Office of the United Nations High Commissioner for Refugees, and further demands that it guarantee the safety of spontaneous returnees already in the area and regularize their status in accordance with the Quadripartite Agreement;
6. Calls upon the Abkhaz side in that context to promote, as a first step, the return of refugees and displaced persons to the Gali region, in safety and dignity;
7. Condemns the ethnic killings and continuing human rights violations committed in Abkhazia, Georgia, and calls upon the Abkhaz side to ensure the safety of all persons in areas under its control;
8. Calls upon the parties to improve their cooperation with UNOMIG and the CIS peace-keeping force in order to provide a secure environment for the return of refugees and displaced persons and also calls upon them to honour their commitments with regard to the security and freedom of movement of all United Nations and CIS personnel and with regard to UNOMIG inspections of heavy weapons storage sites;
9. Welcomes the additional measures implemented by UNOMIG and the CIS peace-keeping force in the Gali region aimed at improving conditions for the safe and orderly return of refugees and displaced persons, and all appropriate efforts in this regard;
10. Expresses its full support for the elaboration of a concrete programme for the protection and promotion of human rights in Abkhazia, Georgia, as described in the Secretary-General’s report of 2 January 1996 and calls upon the Abkhaz authorities to cooperate fully with the efforts to this end;
11. Decides to extend the mandate of UNOMIG for an additional period terminating on 12 July 1996 subject to a review by the Council of the mandate of UNOMIG in the event of any changes that may be made in the mandate of the CIS peace-keeping force;
12. Reiterates its encouragement to States to contribute to the voluntary fund in support of the implementation of the Agreement on a Cease-fire and Separation of Forces signed in Moscow on 14 May 1994 and/or for humanitarian aspects including demining, as specified by the donors;
13. Requests the Secretary-General to continue to keep the Council regularly informed and to report after three months from the date of the adoption of this resolution on all aspects of the situation in Abkhazia, Georgia, including the operations of UNOMIG;
14. Decides to remain actively seized of the matter.
(www.un.org/docs)
DECISION TAKEN BY THE COUNCIL OF THE HEADS OF STATES OF THE COMMONWEALTH OF INDEPENDENT STATES on Measures for Settlement of the conflict in Abkhazia, Georgia
The Council of the Heads of States of the Commonwealth of independent States,
Expressing its full support to the efforts of the UNO and the Russian Federation aimed at achieving comprehensive political settlement of the conflict
Noting that the Moscow Agreement of 14 May 1994 on a Cease-fire and Separation of Forces has generally been observed by the sides with the assistance of the Commonwealth of independent States peacekeeping forces and the United Nations Observers Mission,
Deeply concerned over the unsettled political and humanitarian problems, emerged from the conflict,
Referring to the Memorandum on maintaining the Peace and Stability in the Commonwealth of Independent States of 10 February 1995 (Almaty) and the Declaration issued by the Council of the heads of States of 26 May 1995 (Minsk),
Confirming its commitments pursuant to the aforementioned documents not to support separatist regimes, refrain from the establishment of political, economic and other cooperation with them, nor render any economic, financial, military or other assistance,
Noting to the necessity to undertake complex of measures to influence on the Abkhaz side,
Acting in compliance with the UN Charter, decided:
1. To condemn the destructive position of the Abkhaz side that obstructs the implementation of reconciled agreement on political settlement of the conflict, return of refugees and displaced persons to their places of residence in safety in dignity.
2. The Council of the heads of States of the Commonwealth of independent states expects the sides to achieve an early and substantial results at the negotiations with the assistance of the Russian Federation as facilitator, in particular on political issues and the problems of return of refugees and displaced persons.
3. The member-states of the Commonwealth of Independent States will prevent the sell or supply of arms, military equipment all of types, spare parts, ammunitions, military vehicles and equipment by their citizens, or from their respective territories, or through their ships and aircraft to the conflict zone.
4. The member-states will prohibit:
a) any technical consultations, assistance or services in the field of staff training or on other issues, set up in the paragraph 3 from the side of legal or natural persons or from their respective territories to the Abkhaz side;
b) enlisting in the service of the military forces of the CIS member-states the citizens permanently residing in the territories under the control of the Abkhaz side.
5. The member-states of the Commonwealth will take measures:
a) to prevent recruitment of their citizens and their detachment to the conflict zone for participation in the activity of any armed formations;
b) to facilitate return of those citizens of the member-state of the Commonwealth of independent States that are serving in the military formations of Abkhazia;
c) to recall all their officials, representatives and citizens that are currently in the territories under the control of Abkhaz side giving assistance to Abkhaz authorities in the military issues.
6. Confirming, that Abkhazia is an integral part of Georgia, the member-states of the Commonwealth of Independent States, without consent of the Government of Georgia:
a) will not exercise trade-economic, financial, transport or other operations with the authorities of the Abkhaz side;
b) will not engage themselves in official contacts with the representatives or officials of the
structures established in the territory of Abkhazia, nor with the members of military formations of
Abkhazia.
7. Member-states of the Commonwealth of Independent States will not permit the functioning of representations of the authorities of neither the Abkhaz side in their territories, nor the persons in a capacity of official representative of those authorities.
8. Reaffirming its firm commitment to the comprehensive settlement of the conflict in Abkhazia, Georgia, and first of all to the early and unconditional return of refugees and displaced persons to their places of residence in safety and dignity, the member-states of the Commonwealth of Independent States appeal to the United nations organizations to support the measures of influence on the Abkhaz authorities adopted by the member-states if the CIS and advise all member-states of the UNO to endorse to these measures.
This Decision comes into effect the day it is signed.
Done at Moscow in 19 January 1996 in one original copy in Russian Language…
The decision is signed by the Heads of Sates of the CIS.
The decision hasn’t been signed by the Republic of Belarus and Turkmenistan
(Newspaper “Svobodnaia Gruzia”, # 8, 29 January 1996)
ANNEX TO THE DECISION TAKEN BY THE COUNCIL OF HEADS OF STATES OF THE COMMONWEALTH OF INDEPENDENT STATES on Approval of the Regulations of the Collective Peacekeeping Force in the Commonwealth of Independent States of 19 January 1996
The Regulations on Collective peacekeeping Force in the Commonwealth of Independent States
(…)
6. While conducting the peacekeeping operations, the Collective Force is entrusted with the following tasks:
to observe the conditions of armistice and cease-fire regime, encourage the establishment of the secure environment in conflict area through the visible presence if the Collective Peacekeeping Force;
to mark the zone of responsibility, separate the conflicting sides, establish demilitarized zones, the zones of separation, humanitarian corridor; encourage the de-concentration of the forces of the conflicting sides; prevent the movement of the forces and possible clash between the sides;
to establish proper conditions for negotiations and other engagements aimed at peaceful settlement of the conflict; restoration of lawfulness and public order for normal operation of state and public agencies and institutions;
to detect the facts of violation of the agreements on cease-fire and armistice and carry out the investigation;
to control the area and the conduct of the population within the zone of responsibility; to carry out measures for elimination of mass disorder; to secure the human rights;
to control the removal of fortifications, barriers and mine-fields;
to protect the objects of vital importance;
to assure the communication between the conflicting sides and protection of official meetings between them at all levels;
to control the shipment, unlawful delivery of military equipment, weapons, ammunitions and explosives;
to secure the safe transit of all type of vehicles and communication functioning;
to encourage establishment of normal contacts between the populations of conflicting sides;
to facilitate unimpeded delivery of humanitarian aid;
to participate and support the implementation of decisions and recommendations of the UN Security Council, OSCE institutions and other international organizations with regard of peaceful settlement of the conflict.
(…)
26. The key principles of the operation of the Collective Peacekeeping Forces:
impartiality and neutrality;
observance of the law of the hosting country;
respect of traditions and culture of the local population;
neutrality in the military operations;
non-use of firearms except the exigent cases conditioned in paragraph 28 of this Regulations;
transparency (openness of the activity).
(…)
(Collection of Documents Relating to the Issue of Conflict Settlement in Abkhazia, Georgia adopted in 1992-1999, p. 64-73)
RESOLUTION OF THE COUNCIL OF THE INTERPARLIAMENTARY ASSEMBLY OF THE MEMBER STATES OF THE COMMONWEALTH OF INDEPENDENT STATES on the Statement of the Parliamentary Delegation of Georgia Regarding Peaceful Settlement of Conflict in Abkhazia, Georgia
Taking into consideration the statement of the Parliamentary Delegation of Georgia on necessity of speedy realization of the decision of the Council of Heads of State of the Commonwealth of Independent States, dated 19 January 1996 “On Measures To Be Undertaken for Settlement of the Conflict in Abkhazia, Georgia”,
Expressing deep concern due to the lack of progress in terms of settlement of political, social-economic, and humanitarian problems brought about by this conflict,
Considering it necessary to activate the negotiation progress in order to achieve a comprehensive settlement of the conflict, respecting the territorial integrity of Georgia, as well as necessity of speedy return of refugees and internally displaced persons to places of their permanent residence,
the Council of Parliamentary Assembly of the Commonwealth of Independent States decides:
To appeal to the Parties to the conflict to achieve, under the auspices of international organizations and with participation of the Russian Federation, speedy and substantial results in terms of comprehensive settlement of the conflict, first and foremost, organized return of refugees and internally displaced persons to their permanent residences,
Chairman of the Council of the Assembly E. Stroev
17 February 1996
(Newspaper “Svobodnaya Gruzia”, # 25, 20 February 1996)
PROPOSALS OF GEORGIA ON THE STATUS OF ABKHAZIA, GEORGIA
(Circulated by Government of Georgia as a document in UNO’s Security Council)
For several years now, the territory of Abkhazia – an integral part of Georgia where the two fraternal peoples, Abkhaz and Georgian, have lived intermingled from time immemorial – has been a zone of conflict which threatens the peace and stability of the entire Caucasus region.
Supported by foreign reactionary forces, a group of aggressive separatists has succeeded in gaining control of nearly all the territory of Abkhazia. They have committed ethnic cleansing and genocide against the Georgian population of the region, murdering thousands and driving over 200,000 others from their homes. They have also expatriated nearly 100,000 residents of various other ethnic origins, including half the Abkhaz themselves. Now, 75 per cent of the legal residents of Abkhazia are displaced or refugees.
Today, the criminal regime which has forcibly altered the demographics of this region by terrorizing its innocent population seeks to achieve world recognition of its new self-proclaimed “state”. This recognition cannot be granted.
The Government of Georgia continues to seek a peaceful settlement of the conflict on the basis of determining the status of Abkhazia as a part of Georgia on the recommendations of the United Nations, the Organization for Security and Cooperation in Europe and the Commonwealth of Independent States. This would facilitate the immediate repatriation of those displaced, stabilization of the situation in the region, and the building of democratic institutions in Abkhazia.
It is unfortunate that the separatists continue to reject all proposals and ignore documents initialled by their own representatives, thereby intentionally stalemating, and thus dragging out, negotiations. They terrorize those displaced who have spontaneously returned to their homes. They disseminate propaganda to the effect that Georgia intends to impose upon Abkhazia a new Procrustean bed in the form of a unitary State.
In Georgia, the idea of building federal statehood is gaining momentum. In the new constitution, the issues of state and territorial arrangement are intentionally left open.
The following are the proposals of Georgia regarding the status of Abkhazia within the framework of a federal State:
1. A united federal State will be established within the borders of what was the Georgian Soviet Socialist Republic as from 21 December 1991.
2. Abkhazia, as a subject of the federation, will exercise wide discretionary power and will have its own constitution, anthem, flag, emblem, parliament, the highest executive and judicial bodies, and other attributes of statehood, whose competencies will be determined by both the federal and Abkhaz constitutions and
through a formal agreement on the delimitation of competencies between the federal State and Abkhazia.
The Abkhaz language will have the status of state language along with Georgian on the territory of Abkhazia.
3. The Government of Abkhazia will exercise full authority over:
(a) Formation of its supreme central and local state bodies and state management;
(b) Formation of the budget;
(c) Determining taxes and the method of collection;
(d) Forming a Supreme Court and Procuracy;
(e) Issues related to the Bar and Notariate;
(f) Issues related to culture, education and health care;
(g) Trade;
(h) Local roads and transport;
(i) Social welfare programmes;
(j) Sports and physical training programmes;
(k) Science;
(1) Use of natural resources.
4. The competencies of the federal Government will include:
(a) Foreign policy and foreign economic relations;
(b) Development and implementation of a defence policy;
(c) Armed forces and security;
(d) Monetary system;
(e) The customs service;
(f) Federal budget;
(g) Determining status and protection of state borders; (h) Energy, national transport and communications;
(i) Environmental protection and natural disaster relief operations;
(j) Protection of human rights, civil liberties and national minority rights;
(k) Other competencies crucial to the existence of a federal State such as citizenship, criminal and civil legislation, etc.
Issues related to the introduction of a common currency, banking practice, development of armed forces, developing border and customs services will be addressed stage by stage and resolved through negotiation, taking into account current realities.
5. Abkhazia may enter into international agreements within the framework of its competencies, while keeping the respective federal bodies informed. The federal State will, however, be a single entity in the conduct of international relations and foreign policy, and in holding membership in international organizations.
6. The federal legislature will act within the limits agreed upon by both sides, incorporated into the Agreement on Delimitation of Competencies, and its decisions will be in effect over the entire territory of the federal State.
There will be an agreed number of seats reserved in the federal legislature for Abkhaz representation.
Decisions of the federal legislature directly affecting Abkhaz interests will come into force only by the consent of a simple or qualified majority of the Abkhaz representatives to the federal Parliament, depending on the type of majority by which the decision was taken.
Questions related to the preparation of the Agreement on Delimitation of Competencies, as well as the structures and functions of federal bodies, will be the subject of separate negotiations.
5 March 1996
(www.un.org/docs)
RESOLUTION ADOPTED BY THE STATE DUMA OF THE FEDERAL ASSEMBLY OF THE RUSSIAN FEDERATION on Legal Effect for the Russian Federation of the Results of the USSR Referendum of 17 March of 1991 on the issue of Keeping the USSR
Confirming the ambition of the peoples of Russia to the economic and political integration with the states established on the territory of the Union of the Soviet Socialist Republics, responding to the numerous appeals of the subjects of the Russian federation, considering the results of the Referendum of the Republic of Belorus of 14 May 1995, being guided with the idea of restoring the state unity of the peoples of the USSR in any acceptable form,
the State Duma of the Federal Assembly of the Russian Federation decrees:
1. To approve for the Russian Federation the results of the USSR’s Referendum on the issue of keeping the USSR held on the territory of the RSFSR on 17 March 1991.
2. To note that the officials of the RSFSR, who drafted, signed and ratified the decision on cessation of existence of the USSR, grossly violated the will of the peoples of the Russian Federation expressed by them at the USSR’s Referendum held on 17 March 1991, as well as the Declaration on State Sovereignty of the Russian Soviet Federative Socialist Republic stating on the ambition of the peoples of Russia to establish the democratic legal state within the renewed USSR.
3. To confirm, that the Agreement on establishing the Commonwealth of Independent States, signed on 8 December 1991 by the President of the RSFSR B.N. Yeltsin and the State Secretary of the RSFSR G.E. Khasbulatov, which was not approved at the Congress of People’s Deputies of the RSFSR had and still has no legal effect in the part of cessation of existence of the USSR.
4. To take note of the fact, that interstate and intergovernmental agreements on political, economic, defence and other issues concluded within the frame of the Agreement on Establishing the Commonwealth of Independent States shall retain their legal force until the involved states make volunteer and free decision on reestablishment of the unified state, or until these states make decision on termination of validity of the aforementioned agreements.
5. To advise the Government of the Russian Federation to take necessary measures for maintaining the unified economic, political and informational space, for developing and strengthening of links between the states established on the territory of the USSR.
6. The deputies delegated to the Interparliamentary Assembly of the Commonwealth of Independent States shall facilitate to the process of developing the Interparliamentary Assembly as an effective tool for integration and cooperation of states established on the territory of the USSR.
7. The Committees of the State Duma shall elaborate and submit to the Council of State Duma the action plan for removing the aftermath of dissolution of the USSR, first of all with regard of Soviet citizens still not having determined their status of citizenship.
Chairman of the State Duma
of the Federal Assembly of the Russian Federation G. N. Seleznyev
15 March 1996, Moscow
(Collection of Legislation of the RF, M., 1996, # 13, p. 3152-3153/in Russian)
RESOLUTION ADOPTED BY THE STATE DUMA OF THE RUSSIAN FEDERATION on strengthening the integration of the peoples united within the USSR and annulment of the Decree of the Supreme Soviet of the RSFSR of 12 December 1991 ‘on Denunciation of the Treaty of Establishing the USSR’
Being guided with the idea of providing the larger space for volunteer integration of the fraternal peoples united within the USSR, and based on the will of the majority of the population of the country expressed at the Referendum of the USSR on 17 March 1991, the State Duma of the Federal Assembly of the Russian Federation decrees:
1. To consider null and void the Decree issued by the Supreme Soviet of the RSFSR of 12 December 1991 ‘on Denunciation of the Treaty of Establishing the USSR’ (Messengers of the Congress of the People’s deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1991, #51, p.1799).
2 The legal and other normative acts proceeding from the Decree of the Supreme Soviet of the RSFSR of 12 December 1991 ‘on Denunciation of the Treaty of Establishing the USSR’ shall be corrected in pursuance to the movement of the fraternal peoples on the way to further strengthening of integration and unification.
3. To advise the President of the Russian Federation to work out the measures for further integration of the Russian Federation, Belorus and other former republics of the USSR, including holding the Referendum in the Russian Federation on step-by-step strengthening of the unity of the peoples constituting the USSR.
4. To advise the Government of the Russian Federation to exercise control over implementation of integration processes in economic, scientific-technological progress, social-cultural and defence fields aimed at strengthening the cooperation within the scope of agreements with the states- members of the Commonwealth of Independent States.
5. The deputies of the State Duma at the Interparliamentary Assembly of the Commonwealth of Independent States shall firmly support the process of strengthening and developing the cooperation of the fraternal peoples in the field of legal and international cooperation.
Chairman of the State Duma of the Federal Assembly of the Russian Federation G. Selezmyev
15 March 1996, Moscow
(Collection of Legislation of the RF, M., 1996, # 13, p. 3154/in Russian)
RESOLUTION OF THE PARLIAMENT OF GEORGIA on measures of conflict settlement in Abkhazia
Separatist forces which have been operating over the decades on the ancient territory of Georgia, Abkhazia, with the support and connivance of outside forces, since 1992 have carried out genocide and ethnic cleansing of the Georgian population, taking live s of more than seven thousand peaceful civilians, more than one thousand people disappeared without trace, more than ten thousand people were wounded and maimed. Chairman of the Council of Ministers of Autonomous Republic of Abkhazia, MP Zhiuli Shartava, and other officials were killed brutally. 80% of the Abkhazian population was forced to leave their own places. More than 20 000 residential houses were burnt down and looted; schools, nursery schools, cultural centers, churches, architectural and historic monuments were destroyed.
Terror and apartheid regime organized by the separatists also victimized Greeks, Jews, Russians, Ukrainians, Armenians, and the Abkhazs themselves; some of them perished in the war; a major portion had to flee from their home country and seek refuge in the regions of Georgia and foreign countries.
Abkhazia turned into an uncontrollable territory ravaged by terrorists, arms and drug traffickers, and organized crime gangs. This territory poses a threat not only to Georgia, but to adjacent regions as well.
Separatist forces, using the most severe methods, through ethnic cleansing and genocide, have separated Abkhazia from Georgia for the time being. There was an attempt to change demographics of Georgia by force and they continue it till today.
Certain high-ranking officials bear their share of responsibility for this tragedy. They failed to carry out State Council instructions on the protection of the railway and highways and committed actions that provided a pretext for separatists to unleash military offenses, planned long in advance.
The Georgian Parliament also deems that certain Georgians, as well as individuals of other nationalities, played a negative part in the Abkhazian tragedy and the political and economic destabilization in the country. Their irresponsible and criminal actions resulted in infringement on dignity and life of our countrymen, thus supporting traitorous and anti-state separatist activities.
It should be stressed that genocide and ethnic cleansing of Georgians continued after the cessation of military actions, especially in the Gali region, where more than 1000 people died after 1993. Human rights abuse is wide-scale.
Despite long-standing negotiations between the sides of the conflict, which were sponsored by the UN and mediated by Russia, the intransigent stand of the separatists obstructed compromise on the questions of the repatriation hundred thousands of refugees and the determination of the status of Abkhazia within the territory of Georgia. The separatist regime uses every means to strengthen its military potential, to set up independent state structures and attributes, to distort history, and to spread misanthropic racist ideology. The CIS Heads of States decisions taken in Almaaty, Minsk and Moscow are not implemented. The separatists with the support of external forces purposefully and unilaterally violate these agreements.
Peacekeeping Forces, designated by Russia in agreement with the CIS and the UN, to this day are unable to fulfill their function. They failed to secure the safety of the population, to prevent ethnic cleansing and genocide of the Georgian population, to provide repatriation of refugees and internal displaced people. Certain units take unwarranted actions in Zugdidi and Tsalendjikha districts, actively participate in smuggling and thereby contribute to destabilization in the conflict zone and neighboring territory. Negotiations with Russia failed to extend the mandate of the Peacekeeping Forces that contain practical steps to the return of the refugees. Economic and political isolation of separatist regime and examination of shipments to Abkhazia by Georgian border troops have not materialized.
The Parliament of Georgia abiding by the Georgian Constitution, recognized norms of international law, UN and OSCE fundamental documents, national-state interests of Georgia, and expressing the superior will of the Georgian people to restore the territory al integrity of the country and guarantee repatriation of refugees, resolves:
1. In accordance with the decisions of July 19, 1995, November 22, 1995, and March 8, 1996, and materials obtained by the prosecutor’s office and presented by the Supreme Council of Abkhazia, events that took place and continue in Abkhazia shall be assessed as aggression against Georgian statehood and territorial integrity by separatists with the support of Russian antidemocratic, reactionary and other external forces which led to the destruction of the territorial integrity of the country, the occupation of an integral part of Georgia – Abkhazia, ethnic cleansing and genocide of the Georgian population, the forcible displacement of individuals of other nationalities, Abkhaz among them, from the territory of Abkhazia.
2. Taking into the consideration the causes of the conflict, the activity of the instigators, organizers, and perpetrators of the conflict, ethnic cleansing, genocide and terrorist acts in Abkhazia, corruption and crimes during the conflict, damage suffered by the population, and also violations committed after the deployment of Peacekeeping Forces in the conflict zone, the Georgian prosecutor’s office shall implement measures provided by the law and report to the Parliament on the adopted decisions.
3. The Ministry of Foreign Affairs shall present to the UN materials on crimes against humanity, genocide, ethnic cleansing and military crimes committed by separatists and address a request to the UN to establish an International Tribunal.
4. All materials collected by prosecutor, reports by the Supreme Council of Abkhazia and other materials on crimes committed and supported by separatists shall be sent to the CIS Heads of States, the UN Security Council, international organizations, and embassies resident in Georgia.
5. The MFA shall:
A. Work intensively to realize the request sent by the president of Georgia to the UNESCO Director General to implement the 1954 Hague Convention.
B. Take active part in work against terrorist activities by the Abkhazian regime to make the world aware of its alliance with international terrorists and to participate with other international organizations in conferences against terrorism.
6. Taking into consideration that the population was subject to misinformation, blackmail, and direct threats, the Ministry of Justice shall elaborate and submit to the Parliament a draft law on the dismissal of criminal charges against participants of t he conflict, after the restoration of the jurisdiction on the entire territory of Georgia. However, those individuals directly involved in the organization and provocation of conflict and in military operations, will not be exempt from prosecution for military crimes and crimes against humanity.
7. The current developments in Abkhazia shall be defined as a political conflict in Abkhazia, and not a Georgian – Abkhazian conflict.
Participation in the settlement of the conflict shall be defined by five subjects: the legitimate authority of Abkhazia and the Abkhazian separatist group, as participants of the conflict; Georgia, on whose territory the conflict is taking place; Russia, as an interested side; and the UN.
8. Shall be confirmed, that the constitution of Abkhazia, its presidential institution, legislative and
normative acts, its agreements with the structures of foreign countries, ruling bodies, and their decisions that oppose the legislation of Georgia and the Autonomous Republic of Abkhazia shall be canceled and considered as having no juridical power.
9. The Abkhazian Supreme Council and Cabinet of Ministers located in Tbilisi are the only bodies expressing the interests of the population of Abkhazia.
10. The Georgian Government shall direct active assistance to the Government of the Abkhazian Autonomous Republic to resolve immediate problems, within the limits of its authority, in anticipation of the final resolution of the conflict. The Georgian Government shall provide the participation of the representatives of the Abkhazian Autonomous Republic in discussion on issues related to the settlement of the conflict.
11. Taking into the consideration that agreement achieved by the UN mediation and other International Organizations are unilaterally violated by the Abkhaz separatists, the aforementioned agreements shall be subject to expert analyses. The Parliamentary Committees on defense and Security and constitutional, and Legal Issues shall submit their conclusions within the period of one month.
12. As the Russian Peacekeeping Forces under the CIS mandate cannot provide the safe repatriation of internal displaced people and refugees and the protection of their lives and dignity, and in the event that the current mandate is retained and Georgian proposals are not considered in a new mandate, then the peacekeeping operations shall be considered as having no future and Peacekeeping Forces shall be withdrawn within two months’ time.
Repatriation of refugees and internal displaced people to Abkhazia shall take place upon providing a full guarantee of their safety, and actual restoration of Georgia’s jurisdiction and constitutional order.
13. The Ministry of Foreign Affairs of Georgia, the Ministry of Trade and Foreign Economic Relations, the border Defense Department, together with relevant state and government Agencies, shall take steps to implement Almaty, Minsk, and Moscow decisions of the CIS Heads of States on the inviolability of borders, isolation and condemnation of separatism, and other cardinal issues.
14. Official bodies of human rights defense shall implement active measures for revealing facts of genocide and human rights abuse on the territory of Abkhazia and make it public to the world community.
15. The Supreme Council and Council of Ministers of Abkhazian Autonomous Republic shall enhance its activities within their competency to implement organizational, informational-ideological work, and shall also conduct their work in – in country as well as outside the country in international organizations.
16. The political status of the Abkhaz Autonomous Republic as an integral part of the Georgian State, with the participation of representatives of all nations living in Abkhazia, shall be defined according to the Constitution of Georgia and acknowledged principles of international law. Such status allows Abkhazia to have its own constitution, Parliament, executive and judicial bodies, anthem, flag, national emblem, and other such attributes of statehood, with competency in economical, social, financial -taxation issues.
17. Corresponding Committees of the Parliament shall work out projects on the state-territorial arrangement and separate authority and competence of Georgia to ensure the participation of representatives of all nationalities of Abkhazia in this process.
18. Considering the importance of the problems of the Kodori Valley population, the Georgian Government shall take active measures for implementation of the Presidential Resolution of 17 August 1995 on Kodori Valley.
19. The Georgian Government, the Supreme Council and Cabinet of Ministers of the Autonomous Republic of Abkhazia shall work out a proposals, considering public opinion, for honoring the victims of Abkhazian conflict.
20. The Corresponding Committees of the parliament of Georgia, the Supreme Council and the Cabinet of Ministers of the Autonomous Republic of Abkhazia, and the Ministry of Refugees and Resettlement shall present the draft law “On Refugees” by July 1st.
21. The Government of Georgia shall adopt a resolution “On further measures to be taken for social assistance for the refugees” and present it to the Parliament within two months.
22. The Parliament of Georgia supports the good will of the Georgian citizens and the historical relations between the Georgian and Abkhaz Populations, restoration and strengthening of the traditions of friendship, also the development of bilateral and multilateral contacts and public diplomacy on different levels that is in the interests of other nationalities living in Abkhazia.
23. Based on the initiative of the President, “Peace and stability in the Caucasus”, joint working
groups from the Georgian Parliament and Supreme Council of Abkhazian Autonomous Republic shall be created to work with the people of the Caucasus and their Parliaments.
24. It is recommended that the National Security Council work out within two months a state program for settlement of the Abkhazian conflict based on military, political, constitutional, judicial, social-economic and new information realities.
25. The Parliament of Georgia appeals to central and local governing bodies, all political parties, public organizations, industrial and commercial structures, and funds to support the resolution of the Parliament, to increase assistance to the refugees and to the families of victims and facilitate the full restoration of Georgian jurisdiction and the establishment of constitutional order in Abkhazia.
26. Creation of a corresponding Parliamentary Commission on Abkhazia is favored.
It is entrusted to Mr. Vakhtang Kholbaia, Deputy Chairman of the Parliament, the coordination of the implementation of the resolution.
27. The Bureau of the Georgian parliament shall control the fulfillment of the Resolution.
28. The Parliament of Georgia shall discuss the implementation of the Resolution in June of 1996.
29. The Resolution shall be published in press.
Chairman of the Parliament of Georgia Zurab Zhvania
17 April 1996
(Bulletins of the Parliament of Georgia, 1996, # # 5-6, p. 56-59)
MEMORANDUM on Necessary Measures to be undertaken in order to Ensure Security and Strengthening of Mutual Trust Between the Parties to the Georgian-Ossetian Conflict.
Under the facilitation of representatives of the Russian Federation and participation of representatives of the Republic of North Ossetia–Alania and Organization for Security and Cooperation in Europe (OSCE), representatives of the Georgian and South Ossetian delegations held negotiations on further development of the process of comprehensive political settlement of the Georgian-Ossetian conflict and,
Desiring to remove the consequences of the conflict and restore the spirit of peace and mutual trust between the Parties to the conflict;
Convinced of the necessity to put an end to the tragic legacy of recent years and embark on the road leading to peace, trust and accord;
Reiterating commitment to the UN Charter, fundamental principles and decisions of the OSCE, and universally recognized norms of international law;
Being guided by the principle of territorial integrity of States and right to self-determination;
Stating with satisfaction that as a result of the Agreement on Principles of Settlement of Georgian-Ossetian Conflict and introduction of Combined Peace Keeping forces in 1992, hostilities came to an end in the conflict zone;
Declaring our readiness to follow the path that would lead to settlement of the conflict in the spirit of mutual trust and exclusively by peaceful means;
Deem it necessary to take the following steps aimed at comprehensive settlement of the conflict,
Agreed upon the following:
1. The Parties to the conflict shall denounce application of force or threat of application force, as well as exerting political, economic or other forms of pressure on each other.
2. The Parties shall undertake all necessary measures aimed at prevention and cutting short any illegal actions that may violate human rights on the ground of ethnic origin.
3. The Parties shall carry out real measures aimed at comprehensive and dignified settlement of problems of refugees and internally displaced persons that suffered as a result of the Georgian-Ossetian conflict.
4. The Parties shall agree that those individuals, who have participated in the armed conflict but have not committed war crimes, as well as crimes against the civil population, shall not be persecuted.
The Parties shall create, as soon as possible, all necessary conditions for law enforcement bodies for carrying out inquiry and investigation of the aforementioned crimes and bringing those responsible for the crimes to justice.
5. The Parties are satisfied to declare that the regular meeting between representatives of the law enforcement bodies of the Parties is a very positive development and shall render comprehensive support to them in order to improve the criminological situation in the conflict zone.
6. In the process of comprehensive settlement of the Georgian-Abkhaz conflict and based on the specific agreements reached by the Parties, the conflict zone shall be gradually demilitarized. The peacekeeping forces may be deployed in the demilitarized zone.
7. The Parties deem it expedient to work out, within the framework of Mixed Control Commission, a plan of stage by stage reduction of personnel and check points of the Combined Peace Keeping Forces, concentrated in places of their permanent deployment, and organize their services with due account of security needs of the local population.
8. The Parties express their readiness to organize jointly, and with participation of International governmental and non governmental organizations, meetings between Georgian and South Ossetian politicians, representatives of civil organizations, and scientists with the participation of the Russian Federation and other states, “round tables” of representatives of creative intelligentsia, as well as meeting between journalists in order to exchange objective information.
The Parties shall take all necessary measures aimed at ensuring security of journalist working in the conflict zone.
9. The Parties shall continue negotiation process aimed at comprehensive political settlement of the conflict.
10. The Parties are stating with satisfaction the readiness of the Russian Federation to be a guarantor of the peace process and readiness of the Republic of North Ossetia –Alania and the Organization for Security and Cooperation in Europe to actively participate in the peace process.
11. This Memorandum shall come into effect immediately after it is signed.
On behalf of Georgia I. Menagarishvili
On behalf of South Ossetia V. Gabaraev
On behalf of the Republic of South Ossetia (Russian Federation) A. Kh. Galazov
On behalf of the Russian Federation E. Primakov
On behalf of the OSCE D. Boden
16 May 1996
(Newspaper “Svobodnaia Gruzia”, # 69, 17 May 1996)
DECISION TAKEN BY THE COUNCIL OF THE HEADS OF STATES OF THE COMMONWEALTH OF INDEPENDENT STATES on Presence of the Collective Peacekeeping Forces in the Conflict Zone of Abkhazia, Georgia
The Council of the heads of States of the Commonwealth of Independent States, striving for the regulation of the conflict in Abkhazia, Georgia,
Confirming its previous decisions aimed at achieving this goal,
decided:
1. To add to the Mandate of the Collective Peacekeeping Force, with the consent of Sides, the following provision:
– to carry out the works for demarcation of mine-fields in the territory of Abkhazia, Georgia with the assistance of the UNO and cooperation of the local authorities.
Done at Moscow 17 May 1996…
The decision is signed by the Heads of Sates of the CIS.
The decision hasn’t been signed by the Republic of Belarus, Moldova, Turkmenistan and Ukraine
(www.un.org/russian)
RESOLUTION 1065 (12 JULY 1996) ADOPTED BY THE UN SECURITY COUNCIL
The Security Council,
Reaffirming all its relevant resolutions, in particular resolution 1036 (1996) of 12 January 1996,
Having considered the report of the Secretary-General of 1 July 1996 (S/1996/507 and Add.1),
Noting with deep concern the continued failure by the parties to resolve their differences due to the
uncompromising position taken by the Abkhaz side, and
underlining the necessity for them to intensify without delay their efforts, under the auspices of the United Nations and with the assistance of the Russian Federation as facilitator, to achieve an early and comprehensive political settlement of the conflict, including on the political status of Abkhazia within the State of Georgia, which fully respects the sovereignty and territorial integrity of Georgia,
Reaffirming the necessity for the parties strictly to respect human rights, and expressing its support for the Secretary-General’s efforts to find ways to improve their observance as an integral part of the work towards a comprehensive political settlement,
Noting that the Moscow Agreement of 14 May 1994 on a Cease-fire and Separation of Forces (S/1994/583, annex I) has generally been respected by the parties with the assistance of the Collective Peace-keeping Forces of the Commonwealth of Independent States (CIS peace-keeping force) and the United Nations Observer Mission in Georgia (UNOMIG),
Commending the contribution UNOMIG and the CIS peace-keeping force have made to stabilize the situation in the zone of conflict and stressing the importance of continued close cooperation and coordination between them in the performance of their respective mandates,
Deeply concerned at the deterioration of the security conditions in the Gali region and of the safety and security of the local population, of the refugees and displaced persons returning to the region and of UNOMIG and CIS peace-keeping force personnel,
Reminding the parties that the international community’s ability to assist them depends on their political will to resolve the conflict through dialogue and mutual accommodation, as well as their full cooperation with UNOMIG and the CIS peace-keeping force, including the fulfillment of their obligations regarding the safety and freedom of movement of international personnel,
Taking note of the decision taken by the Heads of State of the CIS of 17 May 1996 (S/1996/371, annex I),
Noting that the Heads of State of the CIS will consider the extension of the mandate of the CIS peace-keeping force beyond 19 July 1996,
1. Welcomes the report of the Secretary-General of 1 July 1996;
2. Expresses its deep concern at the continued deadlock in the efforts to achieve a comprehensive settlement of the conflict in Abkhazia, Georgia;
3. Reaffirms its commitment to the sovereignty and territorial integrity of Georgia, within its internationally recognized borders, and to the necessity of defining the status of Abkhazia in strict accordance with these principles, and underlines the unacceptability of any action by the Abkhaz leadership in contravention of these principles;
4. Reaffirms its full support for the efforts of the Secretary-General and his Special Envoy aimed at achieving a comprehensive political settlement of the conflict, including on the political status of Abkhazia within the State of Georgia, respecting fully the sovereignty and territorial integrity of Georgia, as well as for the efforts that are being undertaken by the Russian Federation in its capacity as facilitator to continue to intensify the search for a peaceful settlement of the conflict, and encourages the Secretary-General to intensify his efforts, with the assistance of the Russian Federation as facilitator, and with the support of the Organization for Security and Cooperation in Europe (OSCE), to that end;
5. Calls upon the parties, in particular the Abkhaz side, to achieve substantive progress without further delay towards a comprehensive political settlement, and further calls upon them to cooperate fully with the efforts undertaken by the Secretary-General, with the assistance of the Russian Federation as facilitator;
6. Reaffirms the right of all refugees and displaced persons affected by the conflict to return to their homes in secure conditions in accordance with international law and as set out in the Quadripartite Agreement of 14 April 1994 on voluntary return of refugees and displaced persons (S/1994/397, annex II), condemns the continued obstruction of that return by the Abkhaz side, and stresses the unacceptability of any linkage of the return of refugees and displaced persons with the question of the political status of Abkhazia, Georgia;
7. Demands that the Abkhaz side accelerate significantly the process of voluntary return of refugees and displaced persons without delay or preconditions, in particular by accepting a timetable on the basis of that proposed by the Office of the United Nations High Commissioner for Refugees (UNHCR), and further demands that it guarantee the safety of spontaneous returnees already in the area and regularize their status in cooperation with the UNHCR and in accordance with the Quadripartite Agreement, in particular in the Gali region;8. Recalls the conclusions of the Budapest summit of the Conference on Security and Cooperation in Europe (S/1994/1435, annex) regarding the situation in Abkhazia, Georgia, and affirms the unacceptability of the demographic changes resulting from the conflict;
9. Condemns ethnically motivated killings and other ethnically related acts of violence;
10. Condemns the laying of mines in the Gali region, which has already caused several deaths and injuries among the civilian population and the peace-keepers and observers of the international community, and calls upon the parties to take all measures in their power to prevent mine laying and to cooperate fully with UNOMIG and the CIS peace-keeping force in order to honour their commitments to ensure the safety and the freedom of movement of all personnel of the United Nations, the CIS peace-keeping force and international humanitarian organizations;
11. Encourages the Secretary-General to take the necessary steps in response to the threat posed by the laying of mines in order to improve security conditions so as to minimize the danger to UNOMIG personnel and to create conditions for the effective performance of its mandate;
12. Decides to extend the mandate of UNOMIG for an additional period terminating on 31 January 1997 subject to a review by the Council of the mandate of UNOMIG in the event of any changes that may be made in the mandate of the CIS peace-keeping force;
13. Expresses its full support for the implementation of a concrete programme for the protection and promotion of human rights in Abkhazia, Georgia, and requests the Secretary- General to report to the Council by 15 August 1996 on possible arrangements for the establishment of a human rights office in Sukhumi;
14. Reiterates its encouragement to States to contribute to the voluntary fund in support of the implementation of the Agreement on a Cease-fire and Separation of Forces signed in Moscow on 14 May 1994 and/or for humanitarian aspects including demining, as specified by the donors;
15. Requests the Secretary-General to consider the means of providing technical and financial assistance aimed at the reconstruction of the economy of Abkhazia, Georgia, following the successful outcome of the political negotiations;
16. Requests the Secretary-General to continue to keep the Council regularly informed and to report after three months from the date of the adoption of this resolution on the situation in Abkhazia, Georgia, including the operations of UNOMIG;
17. Decides to remain actively seized of the matter.
(www.un.org/docs)
PROTOCOL #6 MEETING OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT
July 23-24, 1996 Vladikavkaz
Chaired by:
Gennady Matyushov – Deputy Minister of Russian Federation for Cooperation with
CIS Member States, Head of the Russian part of the JCC
Agenda:
1. On Cooperation of peace keeping joint forces (“the JPKF”) in the zone of the Georgian-Russian conflict.
2. Report of Major-General V. Nikolayev, the JPKF commander in the zone of the Georgia-Russian conflict, and information of colonel R. Gurgenidze, the chief military commander of the Georgian battalion of the JPKF and colonel F. Geguev, the chief military commander of the Ossetian battalion, Deputy Mission Chief of the OSCE in Georgia, General R. Kharmoza.
On actions to be taken for the purpose of rehabilitating the energy sector in the zone of the Georgian-Russian conflict and preparing for the operation during Autumn-Winter of 1996/1997 thereof.
Information of S. Rtishchev, head of the workgroup, Deputy Head of the Department of the Ministry of Cooperation of Russian Federation.
3. On the construction and rehabilitation process going on in the zone of the Georgian-Russian conflict.
Information of G. Veretelnikov, head of the construction program of Ministry of Construction of Russia.
4. Miscellaneous.
a) Present condition of the economic initiative of the Mission of the OSCE in Georgia.
Information of P. Dal, member of the the OSCE Mission in Georgia.
b) Information of the the OSCE Mission in Georgia, FMS of Russia and the Migration Service of Alania about refugees from the internal regions of Georgia and South Ossetian residing on the territory of Alania.
5. On the venue, date, and agenda of the next the JCC meeting.
The following was approved with the regard to the issues under the Agenda:
I. On activities of the JPKF in the zone of the Georgian-Russian conflict.
(Nikolayev, Gurgenidze, Geguev, Kharmoza, Gabaraev, Tatarashvili, Machavariani, Dzasokhov, Boden, Matyushov)
Resolved:
a) Approve the decision of the JCC on “Activities of the JPKF in the Zone of the Georgian-Russian Conflict” (the Decision is attached).
b) Continue reviewing the above-noted issue at the next session of the JCC.
II. On actions to be taken for rehabilitating the energy sector in the zone of the Georgian-Russian conflict and preparing it for operation during the Autumn-Winter of 1996-1997.
(Rtishchev, Khatidze, Matyushov, Yanin, Gabaraev).
Resolved:
a) Approve the decision of the JCC on “Providing the Zone of the Georgian-Russian Conflict with Power” (the Decision is attached);
b) Approve the decision of the JCC on “Providing the zone of the Georgian-Russian conflict with Natural Gas”.
III. On the construction and rehabilitation process going on in the zone of the Georgian-Russian conflict.
(Veretelnikov, Ardasenov, Shavlokhov, Chkhenkeli).
Resolved:
Approve the decision of the JCC “on the Construction And Rehabilitation Process Going On In The Zone Of The Georgian-Russian Conflict” (the Decision is attached).
IV. Miscellaneous:
a) The present condition of the economic initiative of the Mission of the OSCE inn Georgia (P. Dal).
Take into consideration the information of the Mission of the OSCE in Georgia about the present condition of the economic initiative raised at the meeting of the JCC on July 20, 1995.
b) Information of the Mission of the OSCE in Georgia, ФМС of Russia and the Migration Service of Alania about the condition of refugees from the internal regions of Georgia and South Ossetia.
(Boden, Korotkov, Kulumbegov, Chochiev. Machavariani).
Resolved:
On the basis of the information of the Mission of the OSCE in Georgia about the condition of refugees in Borjomi, as well as the report made by D. Kulumbegov, deputy head of the head of the migration service of Alania, and A. Korotkov, the representative of FMS of Russia, a member of the JCC:
1. Within the period of one month, ФМС of Russia, Ministry of Refugees and Settlement of Georgia, the Migration Service of Alania and the State Committee for Affairs of Nationalities and Migration of South Ossetia shall establish a workgroup under the JCC on the issues related to the voluntary return of refugees from the internal regions of Georgia and South Ossetia to the places of their previous official residence.
2. The workgroup shall develop a proposal on the procedure of the return of refugees to the places of their previous official residence by November 20, 1996.
3. Deliver the applications received from refugees from Georgia and intended for the JCC to I. Machavariani, the head of the Georgian part of the JCC for the purpose of their consideration and notification at the next session of the JCC.
V. On venue, date and agenda of the next session of the JCC.
(Machavariani, V. Gabaraev, G. Jikaev, G. Matyushev).
Resolved:
a) Hold the following meeting of the JCC in November 1996, in Gori and Tskhinvali.
b) Review the following issues at the next session of the JCC:
1. Peacemaking troops;
2. Problems of refugees;
3. Miscellaneous;
4. Venue, date and agenda of the next session of the JCC.
G. Matyushev, Chairman of the session, Head of the Russian Delegation.
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)
Annex 1 To Protocol #6 of the JCC Session dated July 23, 1996
DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On Activities of the Joint Peacekeeping Forces in the Zone of the Georgian-Ossetian Conflict
July 23, 1996, Vladikavkaz
On July 23, 1996, in Vladikavkaz, the JCC, having heard the report of the Commander of the Joint Peacekeeping Forces (the JPKF) in the zone of Georgian-Ossetian conflict, as well as co-reports of chief military commanders of Georgian and Ossetian battalions and of the Deputy Mission Chief of the OSCE in Georgia, came to the conclusion the process of regulating the conflict acquired a positive dynamics. The parties, those that refused to settle the problem by force, try to find compromising ways for reaching the peace and stability in the zone of conflict pointing out, however, the efficient intermediary activities of Russia and the fact that the JPKF represent the guarantor of the stability reached in the zone of conflict. The positive contribution of the the OSCE Mission in Georgia to this process has been recognized too.
The parties again re-ascertain that failure to regulate political issues, hard economic situation, difficult criminal environment and availability of a huge number of unregistered weapons among the population have an immediate negative influence on the stability of the situation in the zone of the conflict, and in connection with this fact, they admit that keeping of the JPKF at this stage is of a great importance.
In addition to this fact, for the purpose of realizing the provisions of the Memorandum on Measures to be Taken for Providing Safety and Strengthening Mutual Confidence between the Parties to the Georgian-Ossetian Conflict, signed on May 16, 1996 in Moscow, the parties deemed it possible to start preparing, within the framework of the JCC, preliminary proposals for the development of a plan of gradual reduction of frontier posts and outposts of the JPKF, and concentrating them on the places of permanent dislocation, organizing the service in a manner as to take into consideration the safety of the population.
the JCC Resolved:
1. Recognizing the necessity for demilitarization of the zone of conflict, it should be deemed too early at this stage to withdraw the battalion of peacemaking troops of Georgia from the zone of conflict, and break the Ossetian battalion of peacemaking troops.
2. Assign the Commander of the JPKF, together with the chief commanders of Georgian and Ossetian battalions, and with the participation of the OSCE Mission, to prepare proposals on realization of Paragraph 6.7 of the Memorandum on Measures to be Taken for Providing Safety and Strengthening Mutual Confidence between the Parties to the Georgian-Ossetian Conflict (the plan of gradual reduction of frontier posts and outposts of the JPKF and concentrating them on the places of permanent dislocation of headquarters (staff) in the zone of conflict).
3. Ask the Government of the Russian Federation to resolve the issues with regard to regular financing of Ossetian contingent of peacemaking troops from January 1, 1996.
4. Ask the Government of the Russian Federation and the Government of Georgia to provide the Georgian and Ossetian battalions of peacemaking troops with needed means of communication. To allocated for the Georgian and Ossetian parties all necessary means with the purpose of providing the headquarters and the united staff with transport facilities pursuant to the approved plan (Annex 1).
On behalf of the Russian side On behalf of the Georgian side
On behalf of the South Ossetian Side On behalf of the North Ossetian side
In the presence of:
the OSCE Mission
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)
Enclosure to Annex 1 of Protocol # 6 of the JCC Session dated July 23, 1996
Transport facilities, allocated for Georgian and Ossetian parties, according to the approved plan of the JCC dated June 9, 1995.
Brand of the Car Volume Allocated for:
Georgia Ossetia Russia
GAZ 3102 1 15 mil.Rub. 15 mil.Rub
UAZ – 0469 10 4 6
APC – 70 3
MI – 24 2
G. Matyushov, Chairman of the JCC
On behalf of the Georgian side: I. Machavariani
On behalf of the South Ossetian side: V. Gabaraev
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)
Annex 2 To Protocol # 6 of the JCC Session dated July 23, 1996
DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On Providing the Zone of the Georgian-Ossetian Conflict with Power
1. The parties deem it necessary to take joint primary measures on rehabilitation of destroyed power-transmission lines and transforming sub-stations in the zone of the Georgian-Ossetian conflict.
Identify the list of primary objects:
ВЛ 110 kW Fiagdon-North Portal (completion of the construction);
ВЛ 110 kW Java-Tskhinvali 1 (construction);
ВЛ 110 kW Zaramag-Kvaisa (projection and construction);
ВЛ 110 kW North Portal – Java (reconstruction);
ВЛ 35 kW Java – Roki (reconstruction of the line);
ВЛ 35 kW Tskhinvali 1 – Tskhinvali 2 – Vanati (reconstruction of the line and substation Vanati, changing of the transformer);
ВЛ 35 kW Tskhinvali 2 – Kekhvi (rehabilitation of the line);
ВЛ – and cable lines 10 – 0.4 kW with the extension of around 100 km;
Transformer substations 10 – 0.4 kW (rehabilitation and reconstruction);
Means of dispatching and technological management (rehabilitation);
Fleet of special cars, mechanisms, automobiles and equipment (rehabilitation);
Buildings and constructions of energy system (rehabilitation).
Ask the Government of Russia and Georgia to review the issues about allocating funds for the rehabilitation works on the objects of electrical energy.
On behalf of the Russian side On behalf of the Georgian side
On behalf of the South Ossetian Side On behalf of the North Ossetian side
In the presence of: the OSCE Mission
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)
Annex 3 To protocol # 6 of the JCC session dated July 23, 1996
DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On Providing the Zone of the Georgian-Ossetian Conflict with Natural Gas
Georgian and South-Ossetian parties agreed to take measures for providing South Ossetia with natural gas from the gas-transportation system of Georgia in the amount of 200-300 thousand cubic meters per day.
The parties assign the gas-supplying organizations of Georgia and South Ossetia to agree on the price of the natural gas and the schedule of its supply.
On behalf of the Russian side On behalf of the Georgian side
On behalf of the South Ossetian Side On behalf of the North Ossetian side
In the presence of:
the OSCE Mission
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)
Annex 4 to Protocol # 6 of the JCC Session dated July 23, 1996
DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On Construction and Rehabilitation Works in the Zone of the Georgian-Ossetian Conflict
1. Take into consideration the proposal of G. Veretelnikov about the construction and rehabilitation works in the zone of the Georgian-Ossetian conflict.
2. Note that within the period of the previous year, after the 5th session of the JCC, the parties and the South-Ossetian authorities, through their joint efforts, carried out certain works for the purpose of rehabilitating objects of housing, social-cultural and accommodation importance.
3. At the same time, the JCC notes that the parties (especially the Georgian party) does not fulfill the obligations defined under the provisions of the inter-state agreement concluded on September 14, 1993 with regard to financing the expenditures for the rehabilitation works in the stated region.
4. The JCC deems it necessary to focus the attention of co-chairmen of the joint administrative organ on the necessity of strict compliance with the previously adopted scheme of financing the construction and rehabilitation works (Kapisov, head).
5. Deem it necessary on behalf of the JCC to apply to the Governments of the parties with regard to starting immediate financing within the framework of the program on construction and rehabilitation works from 1996, and liquidating payables for the year of 1995.
On behalf of the Russian side On behalf of the Georgian side
On behalf of the South Ossetian Side On behalf of the North Ossetian side
In the presence of:
the OSCE Mission
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)
STATEMENT ON RESULTS OF THE MEETING BETWEEN E. A. SHEVARDNADZE AND L. A. CHIBIROV IN VLADIKAVKAZ
On 27 August 1996 meeting between E. A. Shevardnadze and L. A. Chibirov took place in Vladikavkaz.
During the meeting that proceeded in the spirit of mutual understanding a lively debate on a number of issues relating to the process of comprehensive political settlement of Georgian-South Ossetian conflict took place.
The Parties noted with satisfaction the emerging positive tendencies in terms of settlement of the problem brought about by the confrontations in the conflict zone. It was underlined that “Memorandum on Necessary Measures to be undertaken in order to Ensure Security and Strengthening Mutual Trust Between the Parties to the Georgian-Ossetian Conflict” signed in Moscow on 16 May 1996 was an important step in that direction.
Expressing strong belief in necessity of removing all the consequences of the conflict and putting an end to tragic legacy of recent years and restoring the spirit of peace and mutual trust, the Parties stand ready to promote and implement the provisions of the Memorandum.
The Parties underlined relative tranquility existing in the region in the course of last four years and attributed it to the Agreement on Principles of Settlement of Georgian-South Ossetian Conflict of 24 June 1992 and introduction of Combined Peace Keeping forces. It was underlined that since then the criminological situation has improved and conditions have been created for relative security of the current residents, as well for refugees and internally displaced persons wishing to go back to their homes; the psychological climate is improving and hostile attitudes and confrontation are being replaced by the spirit of constructive relations and tolerance. The Parties pointed to the necessity of supporting these emerging positive tendencies.
To this end, the Parties reiterate their commitment to the article 1 of the Memorandum to denounce application of force or threat of application force and article 2 to prevent and cut short any illegal actions against individuals grounded on their ethnic origin. In addition, the Parties agreed that in accordance with the provisions laid down in the Memorandum, to further develop contacts between representatives of political and civil organizations, creative and scientific intelligentsia, journalists, to jointly organize “round tables” with the participation of Russia and other states, OSCE, other international organizations in order to ensure regular exchange of objective information and discussion of issues of mutual interest, to use different methods of people’ diplomacy.
The Parties deemed it as positive development that there are some cases of joint economic activities and deemed it essential not to spare any efforts for further deepening and widening the process of restoration of economic ties that have been disrupted by the conflict and confrontations. At the same time the desirability of establishing direct economic ties between enterprises, firms and corporations was pointed out.
The Parties outlined plan for further development of comprehensive political settlement of the Georgia Ossetian conflict and pointed out, in this context, the importance of finding mutually acceptable model of state-legal aspect for the settlement of the conflict.
To this end, the Parties agreed to set up delegations that would be entitled with special mandate and these delegations are to start concrete work and act in the spirit of the Memorandum and enshrined in it principles of territorial integrity of the state and the right of people to self-determination.
The positive role played by the Russian Federation in conflict settlement and restoration of suffered regions, as well as participation in this process of the Republic of North Ossetia-Alania, OSCE, and other international organizations, including non-governmental organizations, were pointed out.
The Parties pointed out the fundamental importance of the 3 June, 1996 Kislavodsk meeting between the Heads of States of Azerbaijan, Armenia, Georgia and Russia, where leaders of Republics, Regions and Districts of the North Caucasus regions of the Russian Federation took part as well and “Declaration for inter-ethnic accord, peace, economic and cultural cooperation in the Caucasus” was signed.
Having pointed out the importance of direct contacts, the Parties expressed their belief that this meeting would serve as strong impetus for further development of peace process, strengthening of mutual trust and respect. The Parties agreed to further deepen bilateral contacts and hold similar meeting on a regular basis.
At the meeting participated
President of the Republic of North Ossetia – Alania A. Kh. Galazov
First Deputy Minister of Foreign Affairs of the Russian Federation B. N. Pastukhov
Head of the OSCE Mission to Georgia D. Boden
27 August 1996
(Newspaper “Svobodnaia Gruzia”, # 121, 28 August 1996)
PROTOCOL OF THE TALKS ON THE REGULATION OF GEORGIAN-ABKHAZ CONFLICT
The next round of the Talks was held in Moscow in 10-12 September 1996. The Georgian delegation was led by V. G. Lordkipanidze and the Abkhaz Delegation by K. K. Ozgan. The Russian delegation, led by B. N. Pastukhov participated in the meeting as facilitator.
It was proposed to discuss the key provisions to the Protocol on settlement of the Georgian-Abkhaz conflict. As the discussion showed, the Sides still pursue opposing positions towards the principal issues.
The Georgian Sides insists to make clear cut determination in the Article 2 to the future federal settlement of the country based on the principles of territorial integrity. The Abkhaz side states on the equal-subject arrangement under the Article 2. The same is meant in the proposal of Abkhaz side with regard of Article 5 that puts the stress on possibility of the Sides to act as an independent entity in international relations.
The other opposing positions are still evident. With this regard the Russian facilitators proposed to adopt provisional document, that was supported by the sides.
Having discussed proposed project by Russian representatives “Declaration on Bases of Settlement and the Confidence- building Measures between the Sides of the Georgian-Abkhaz Conflict”; the sides found mutual understanding on some provisions of the document.
At the same time the sides stated on principal opposition regarding the Article 2, which determines the general principles of the future Agreement.
After the discussion the felicitators offered to formulate this article as follows: “To designate plenipotentiary delegations, which with facilitation of the Russian Federation and under the auspices of the UNO will start working out the principal provisions of the Agreement bearing the statues of Constitutional law and to regulate the relation of the Sides within the frame of the State and within the frontiers of former Georgian SSR for 21 December 1991 on the basis of equality, mutual respect, reconciliation and federalism”.
The Abkhaz Side proposed the following wording to the Article 2: “To designate plenipotentiary delegations, which with facilitation of the Russian Federation and under the auspices of the UNO will start working out the principal provisions of the Agreement aimed at regulating the relations between the Sides”.
The Georgian delegation offered the following wording to the Article 2: “To designate plenipotentiary delegations, which with facilitation of the Russian Federation and under the auspices of the UNO will start working out the principal provisions of the Agreement on separation of competences and mutual delegation of authorities between the state agencies of the federative state and the state authorities of Abkhazia within the frontiers of former Georgian SSR for 21 December 1991 on the basis of equality, mutual respect and reconciliof ation. This Agreement will have the effect of Constitutional law of the federative stste and will be the integral part of its Constitution”.
The Russian facilitators made the emphasis on the need to reflect the principle of territorial integrity of the country. This proposal was not supported by the Abkhaz Side.
The delegations will inform the leadership of the Sides on the topic of discussion on the draft documents.
The Sides decided to continue negotiations.
V. Lordkipanidze, K. Ozgan, B. Pastukhov
12 September 1996
(Newspaper “Svobodnaia Gruzia”, # 130, 18 September 1996)
DECREE ISSUED BY THE PARLIAMENT OF GEORGIA on Implementation of the Decree Issued by the Parliament of Georgia on 17 April 1996 “On Measures for Conflict Settlement in Abkhazia”
The Parliament of Georgia decrees:
1. To take a note of the information by the Deputy Chairman of the Parliament of Georgia, the Chairman of the ad hoc Commission on Abkhazian problems Mr. Vakhtang Kholbaia on implementation of the Decree issued on 17 April 1996 by the Parliament of Georgia “On Measures for Conflict Settlement in Abkhazia”.
2. The Parliament of Georgia endorses the general provisions of the decree issued by the Supreme Council of the Autonomous Republic of Abkhazia on 26 September 1996 “on the Situation of Conflict Settlement and Current Tasks”3. To offer to the state agencies to continue working on implementation of the provisions of the Decree issued by the Parliament of Georgia of 17 April 1996 as the measures set out in the Parag. 2, 7, 10, 11, 12, 13, 16 and 17 are not being implemented yet.
4. The parliament of Georgia shall consider at the Plenary Session in December the implementation of the Decree of 17 April 1996 “on the Measures for Conflict Regulation in Abkhazia”.
5. To advise the Office of the Prosecutor General of Georgia to initiate criminal prosecution against the persons involved in genocide and ethnic cleansing, military, economic and other crimes; to intensify the activity in order to prevent ethnic killings committed by separatists in the conflict zone, as well as the breach of Georgian law by the personnel of the Peacekeeping Force.
6. The Committees and the ad hoc Commission on Abkhaz Issues of the parliament of Georgia in cooperation with the Supreme Council and the Cabinet of ministers of the Abkhaz Autonomous Republic shall exercise special control on the observance of the Law of Georgia of 28 June 1996 “On Displaced and Persecuted Persons”, Decree of the President “On Urgent Measures aimed at Social Protection of the Population Exiled from Abkhazia and Deliberation of Activity of the State Structures of the Abkhaz Autonomous Republic”, as well as other legal acts issued by the President relating to this issue.
7. To entrust the relevant parliamentary Committees to have regular hearing of information on aforementioned issues from the executive agencies of Georgia and the Council of Ministers of the Autonomous Republic of Abkhazia.
8. To ask the President of Georgia for urgent measures in order to make legally bound on every state authorities the observance and implementation of provisions set out in Decree of the Parliament of Georgia of 17 April 1996 “On Measures for Conflict Settlement in Abkhazia” and in this Decree.
9. Based on the Decree of the parliament of Georgia “on Measures of Conflict Settlement in Abkhazia” of 17 April 1996, the ad hoc Commission on Abkhazian Problems of the Parliament of Georgia, together with the executive power and the agencies of the Government of the Autonomous Republic of Abkhazia shall secure implementation of provisions of mentioned decrees and exercise control over the practical measures.
10. The Parliament of Georgia shall be informed about fulfillment of this Decree on the regular basis.
Deputy Chairman of the Parliament of Georgia E. Surmanidze
2 October 1996
(Newspaper “Sakartvelos Respublika”, # 200, 4 October 1996)
RESOLUTION BY THE PARLIAMENT OF GEORGIA on Measures for Settlement the Critical Situation Evoked by the Unlawful Declaration to Schedule Elections Made by the Abkhaz Separatist Regime
The recent declaration to hold elections during the process of conflict settlement in Abkhazia has aggravated the process of the political settlement of the conflict in Abkhazia.
The efforts of the Georgian Government to peacefully settle the Abkhaz conflict based on the principles of the territorial integrity of Georgia have been ignored. These principles include granting autonomous status to Abkhazia in accordance of the internationally recognized standards.
Since June of 1994, the peacekeeping forces of the C.I.S, which are composed from Russian military personnel, have not carried out their function as determined by their mandate – the safe and organized return of refugees to their native dwellings – which has contributed to the notion that the separatists are above the law. The above mentioned conditions called forth the recent declaration on illegal elections, which is particularly alarming while the peacekeeping forces are dislocated along the Enguri River.
Holding elections by the separatist regime will lead to the dissolution of the peacekeeping mission, as by its nature, a peacekeeping mission cannot legitimize ethnic cleansing nor the forces within Abkhazia who organized the genocide of the indigenous population. Any precedent that may be set whereby ethnic cleansing works to promote the conduct of elections, is a threat to international peace and security, causes disorder, and contradicts the imperatives of the international law. Democratic, law-based nations should express their attitude towards these events and recognize such elections unlawful.
The crisis in the process of settlement of the Abkhaz conflict is integrally linked to Russian-Georgian relations and their future prospective.
An evaluation of the current lack of a legal basis for deployment of the Russian military bases on the territory of Georgia is necessary.
The similar situation exists with regard to the joint-defense of State borders. Discussion of already signed military agreements can only take place following the de facto restoration of the State jurisdiction over the entire territory of Georgia.
There is no final definition of policy towards Russian-Georgian economic cooperation.
It is incomprehensible that the agreement, “On Friendship, Neighborliness and Cooperation between Georgia and the Russian Federation” ratified on 17 January 1996 by the Parliament of Georgia, which determines the main principles of strategic cooperation between Georgia and Russia has not yet been ratified by the supreme legislative body of Russia.
An unhealthy situation exists due to the fact that Russia has not extradited suspects involved in the organization of the terrorist act of 19 August 1995 against the Head of State.
The Parliament of Georgia reaffirms its readiness to support a peaceful resolution of the conflict and declares its intent to take urgent measures for the settlement of this crisis. At the same time the Parliament of Georgia places special stress on the urgent settlement of outstanding problems regarding the bilateral relations between Georgia and Russia, which is a precondition for continued development of friendship and strategic cooperation.
Taking into consideration the resolution indicated above and 26 September 1996 resolution of the Supreme Council of Abkhazia “On Conflict Settlement in Abkhazia and On-going Tasks”, the Parliament of Georgia resolves:
1. To consider illegal the decision made by separatists and their supporters of the occupied territory on holding elections on 23 November, and any of their forthwith results to be annulled, as they breach the Constitution of Georgia, the principles and norms of international law, human rights and freedom.
2. To ask to the President of Georgia for establishment of a Special State Delegation responsible for the evaluation of the current status of Russian-Georgian bilateral relations and to elaborate the mechanisms in order to remove the outstanding problems.
3. Before December 10 the above mentioned delegation shall submit preliminary proposals regarding negotiations with the Russian officials and further regulation to be held between Georgia and Russia to be held covering regulation of Russian-Georgian relations, extension of the mandate of peacekeeping forces in the conflict zone, existence of Russian military bases on the territory of Georgia, and future joint-defense of Georgian state borders.
4. Both sides shall meet on an annual basis to ratify relevant military agreements, regardless the term of their validity, in order to preserve their legal standing and prolong the term.
5. The issue on joint defense of Georgian State borders shall be coordinated with the issue of Russian-Georgian border defense along the Psou River and the entire territory of the Abkhaz Autonomous Republic, and also with the implementation of the resolutions agreed upon at the Moscow meeting of CIS Heads of States on 19 January 1996 and with adequate participation of Georgian border forces in this process.
6. Discussion of the military agreements mentioned in paragraph 4 of this resolution at the Parliament of Georgia should be coordinated with the final settlement of the conflict in Abkhazia.
7. To ask the President of Georgia for the delivery of comprehensive information to the C.I.S. Heads of States on peacekeeping operations under the aegis of the C.I.S. and conditions pertaining to the fulfillment of resolutions adopted at the Moscow Summit 19 January 1996.
8. Positively view extending the activity of the UN, European, and other international organizations towards political negotiations dealing with the conflict in Abkhazia.
To ask the UN Mission, Governments representing the “Friends of Georgia” for playing a role of a mediator in order to involve their special representatives in the on-going negotiations.
9. The Ministry of Foreign Affairs of Georgia shall start the consultations on the issues indicated in parag. 7 and 8, and submit monthly information to the Parliament of Georgia.
10. The Ministry of Defense, Security Ministry, and the Ministry of Internal Affairs shall work out measures to maintain current cease-fire conditions in the event that peacekeeping forces leave the conflict zone; at the same time to work out the mechanisms to replace existing peacekeeping contingents by another international peacekeeping force.
11. The Parliament of Georgia shall be informed about the fulfillment of this resolution on a regular basis.
The Deputy Chairman of the Parliament of Georgia Eduard Surmanidze
2 October 1996
(Newspaper “Sakartvelos Respublika”, # 200, 4 October 1996)
DECISION TAKEN BY THE COUNCIL OF THE HEADS OF STATES OF THE COMMONWELATH OF INDEPENDENT STATES on Extension of the term of presence and additions to the Mandate of the Collective Peacekeeping Forces in the conflict zone of Abkhazia, Georgia
The Council of the Heads of States of the Commonwealth of Independent States,
Reaffirming its commitment to the previous decisions and obligations relevant to the settlement of the conflict in Abkhazia, Georgia,
Noting that the presence of the Collective Peacekeeping Force encourages the stabilization of the situation in the conflict zone and establishes the situation for comprehensive political regulation in this region,
decided:
1. To extend, with the consent of the Sides, the term of presence of the Collective peacekeeping Force in the conflict zone of Abkhazia, Georgia until 31 January of 1997 or until one of the Sides of the conflict declares on suspension of the operation.
2. To add to the Mandate of the Collective Peacekeeping Force the following provision:
In order to assure the security of refugees in Gali Region (within old frontiers), and in addition to the function of the Collective Peacekeeping Force set up in the Agreement on Cease-fire and Separation of Forces of 14 May 1994, the Collective Peacekeeping Force in cooperation with the local authorities of the Sides shall carry out the measures for prevention of terrorist, subversive and other armed formations existing in the territory or penetrating from outside;
Collective peacekeeping Force shall assure the security of the personnel of the UNOMIG, the OSCE and other international organizations upon their appeal and through the coordination with local authorities.
3. The Council of Ministers of the Foreign Affairs of the CIS and the Council of Ministers of Defence of the CIS shall continue efforts together with the representatives of the Sides for deliberation of the Mandate of the Collective peacekeeping Force respecting the developments in the conflict zone and in compliance with the Decisions taken by the Council of the Heads of States of the Commonwealth of Independent States of 19 January and 17 May of 1996.
4. Calls upon the Sides to intensify their efforts to achieve substantive progress at the negotiations towards a comprehensive political settlement of the conflict with participation of the Russian federation as facilitator.
This Decision is taken pursuant to the Paragraph 6 of the Rule 20 of the Regulations of the Council of Heads of States and Council of the heads of Governments of the Commonwealth of independent States.
Done at Moscow 17 October 1996 in one original copy in Russian language…
Chairman of the Council of the Heads of States of the CIS B. Yeltsin
(www.un.org/russian; Collection of the documents on Peacekeeping activity adopted within the frame of the CIS (in two volumes), Minsk, 2001, Chief-Editor Y. Yiarov, p. 172-173)
RESOLUTION 1077 (22 October 1996) ADOPTED BY UN SECURITY COUNCIL
The Security Council,
Recalling its resolutions 937 (1994) of 21 July 1994, 1036 (1996) of 12 January 1996 and 1065 (1996),
Having considered the reports of the Secretary-General of 1 July 1996 (s/1996/507 and Add.1) and 9 August 1996 (s/1996/644),
Reiterating its full support for for the sovereinghty and territorial integrity of Georgia within its internationally recognized borders,
1. Welcomes the report of the Secretary-General of 1 July 1996, and in particular its paragraph 18, and decides that the office reffered to in this (UNOMIG), under the Authority of the Head of Mission of UNOMIG, consistent with the arrangements described in paragraph 7 of the report of the Secretary-General of 9 August 1996;
2. Requests the Secretary-General to continue close cooperation with the Government of Georgia in determining the priorities of the programme reffered to in the above-mentioned reports of the Security-General and close consultation in its implementation;
3. Further requests the Secretary-General to pursue the neceeeary follow-up arrangements with the Organisation for security and Cooperation in Europe.
(www.un.org/docs)
DECREE ISSUED BY THE PRESIDENT OF GEORGIA on Holding of Nation-Wide Plebiscite among Electors – Internally Displaced Persons and Refugees from Abkhazia
In accordance with the decision of the separatist regime of Abkhazia, on 23 November 1996 the so-called parliamentary elections will be held in Abkhazia. Despite the numerous warnings on the Part of Georgian Authorities, the UN Security Council, UN and other competent international organizations, that holding elections in the Autonomous Republic would only be possible only within the framework of comprehensive political settlement, after status of Abkhazia is defined, with full respect for sovereignty and territorial integrity of Georgia and provided vast majority of the population of Abkhazia – internally displaced persons and refugees are capable to participated in it, the decision of the separatists remains intact.
In order to identify attitude of the vast majority legitimate electors of Abkhazia, that is, refugees and internally displaced persons towards this so called parliamentary elections to be held by the separatist regime, pursuant to the law of Georgian on Referendum adopted on 15 May 1996, I decree:
1. To hold nation-wide referendum among the internally displaced persons and refugees from Abkhazia on 23 November 1996.
2. In addition to those citizens referred to in article 1, those electors of Abkhazia living in the Autonomous Republic of Abkhazia or beyond its border, who do not have status of internally displaced persons or refugees and want to fix their attitude toward parliamentary elections organized by separatist may take part in the Referendum.
3. To introduce in a Referendum paper the following question:
“ Do you support holding parliamentary elections organized by the separatist regime in the Autonomous Republic until the territorial integrity of Georgia is restored and internally displaces persons and refugees are returned to their homes?
2. The Central Election Commission shall be entrusted with a task of preparing and holding the Referendum.
3. Minister of Finance of Georgia (D. Iakobidze) shall allocate necessary financial resources in accordance with the expenditure standards of the Central election Commission of Georgia.
4. Ministries and Agencies of Georgia, competent authorities of Autonomous Republics of Abkhazia and Ajara, regional administrations, mayors of cities and towns shall be entrusted with a task of securing holding the referendum in full conformity with the law.
5. To publish this decree without delay and publicize it trough mass media.
E. Shevardnadze
31 October 1996
(Newspaper “Afkhazetis Khma”, # 15, 6 November 1996)
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLCI OF SOUTH OSSETIA AND THE GOVERNMENT OF THE REPUBLIC OF NORTH OSSETIA on social-economic, scientific-technical and cultural cooperation
The Government of the Republic of South Ossetia and the Government of the Republic of North Ossetia-Alania, hereinafter referred as “Sides”,
Based on Article 16 of the Constitution of the Republic of North Ossetia – Alania and Article 8 of the Constitution of the Republic of South Ossetia,
Noting to the importance of the traditional economic, social and cultural links based on the ethnic unity of the peoples of two Republics…
Agreed on the following:
Article 1
The Sides commit themselves to encourage the process of integration in social-economic, scientific-technical, banking and customs spheres; forming of unified cultural, educational and information space.
Article 5
The Sides elaborate and finance joint projects aimed at social-economic development of the Republic of North Ossetia – Alania and the Republic of South Ossetia.
Article 6
The Sides encourage development of adequate conditions for voluntary return of refugees and displaced persons to their places of residence.
Article 10
The Sides set up Inter-Governmental Coordinating Committee in order to secure implementation of the provisions of this Agreement and establish the Representations of the Sides on their respective territories if necessary.
Article 11
In order to secure operative and reliable financial and fiscal transactions, the Sides establish direct corresponding relations between the National Banks of the North Ossetia and South Ossetia, and, if necessary found the new banking structures.
Article 12
The Sides commit themselves to elaborate and implement the measures on exploitation and maintenance of Trans-Caucasus Motorway through the Rocky Crossing.
Article 13
The Sides promote establishment of the Unified Region of Intensive Economic Development with single customs space on the territories of both republics.
Article 14
The Sides commit themselves to encourage the simplified procedures for border crossing, through the facilitation of Russian authorities, between the Republic of North Ossetia-Alania and the Republic of South Ossetia.
Article 17
This Agreement is concluded for 5-year term. The term is automatically expended for more 5 years if neither Sides declares on denunciation based on written message 6 months prior to the date of expire.
Done at Tskhinval 9 November 1996 in two copies, in Ossetian and in Russian languages each…
For the Government of the Republic of South Ossetia A. Shavlokhov
For the Government of the North Ossetia – Alania Y. Biragov
9 November 1996
(Newspaper “Youzhnaia Ossetia”, # 79, 23 November 1996)
RESOLUTION ISSUED BY THE EUROPEAN PARLIAMENT
The European Parliament,
– having regard to the signing of a partnership and cooperation agreement between the EU and Georgia,
– having regard to the quadripartite agreement on the voluntary return of refugees and displaced persons signed on 4 April 1994 between the Georgian and Abkhaz sides and the declaration of measures for a political settlement of the Georgian-Abkhaz conflict signed on the same date,
A. emphasizing that stability and security are a precondition for the continuation of the necessary process of economic and democratic reform in all States of the former Soviet Union, B. whereas Georgia has been largely devastated by several years of civil war and ethnic conflicts, in particular in Abkhazia, which have forced many thousands of refugees to flee their houses due to ethnic cleansing,
B. noting with deep concern that no significant progress has yet been achieved towards a comprehensive political settlement of the conflict in Abkhazia, including its political status, since the agreement of 14 May 1994 on a cease-fire and a separation of forces in this region,
D. whereas any lasting solution to the conflict in this region should respect the sovereignty and territorial integrity of Georgia within its internationally recognised borders,
E. deeply concerned about the great number of refugees from Abkhazia living in Georgia, and deeply concerned about the continuing process of ethnic cleansing in the Abkhaz region,
F. whereas actions such as mine-laying and other threats against the UN observer mission (UNIMOG) and the CIS peace-keeping force referred to in the UN Secretary General’s report contribute to an escalation of tension,
G. deeply concerned about the announcement by the Abkhaz side on the organisation of so
called parliamentary elections to be held on 23 November 1996 in which no refugees and displaced persons will be allowed to participate,
Reaffirms its full commitment to the establishment of peace, stability and security in the
States of the former Soviet Union as a precondition to the necessary process of economic and democratic reform;
2. Stresses that a final peaceful solution to the conflict in Abkhazia should be based on a comprehensive political settlement respecting the sovereignty and territorial integrity of Georgia within its internationally recognized borders;
3. Stresses that elections can only be held in Abkhazia after the determination through negotiations of the political status of Abkhazia within the framework of a comprehensive political settlement and with the guaranteed possibility of full participation for all refugees and displaced persons;
4. Calls on the Abkhaz side to call off the organisation of the so-called parliamentary elections to be held on 23 November 1996;
5. Stresses the importance of the right of all displaced persons and refugees to return voluntarily to their places of origin or residence, irrespective of their ethnic, social or political affiliation, under conditions of complete safety and dignity, and is concerned about the continued obstruction of this right for the refugees and displaced persons from Abkhazia;
6. Condemns all actions which threaten the UNOMIG and the CIS peace-keeping forces, such as mine-laying, and calls on all parties to take the necessary steps to prevent such acts;
7. Calls on the Council and the Commission to give active support to the UN mission in Abkhazia and to promote, in cooperation with the UN mission, confidence-building measures for the Georgian and Abkhaz citizens of the Republic of Georgia;
8. Calls on the Council and the Commission to strengthen TACIS and ECHO programmes in the region, and especially to strengthen the cooperation between ECHO and TACIS in order to build a bridge from short-term humanitarian relief to long-term sustainable development;
9. Instructs its President to forward this resolution to the Commission, the Council, the government and parliament of Georgia, and the Abkhaz side.
12 November 1996
(www.europa.eu.int)
DECREE ISSUED BY THE PARLIAMENT OF GEORGIA on the so-called Presidential Elections on the Part of Territory of the Tskhinvali Region Held on 10 November 1996
The Parliament of Georgia decrees:
To declare null and void and illegitimate the so-called presidential elections held on 10 November 1996 on the part of territory of the Tskhinvali region in gross violation of the Constitution of Georgia and Georgian legislation.
Chairman of the Parliament of Georgia Zurab Zhvania
26 November 1996
(Bulletin of the Parliament of Georgia, 1996, # # 29-30/5, p. 2)
THE CENTRAL ELECTORAL COMMISSION OF GEORGIA
FINAL PROTOCOL on Results of Referendum among the Internally Displaced Persons and Refugees from the Autonomous Republic of Abkhazia
During its session on 28 November 1996, the Central Election Commission finalized the results of Referendum among the refugees and internally displaced persons from the Autonomous Republic of Abkhazia, held on 23 November, 1996, and in accordance with paragraph 3 of article 27 of the law on “Referendum”, and stated:
a) Total number of voters 23945:
b) Total number of voters who participated in the Referendum ( number of signatures in voter list) 225352
c) Total number of those with valid voting papers 225013
d) number of voters who voted “yes”, 88
e) number of voters who voted “no” 224925
f) number of voting papers considered invalid, 188
Chairman of the Central Election Commission J. Lominadze
Deputy Chair of the Commission G. Zesashvili
Secretary of the Commission N. Skhirtladze
28 November 1996
(Newspaper “Sakartvelos Respublica”, # 240, 29 November, 1996)
FROM THE LISBON SUMMIT DECLARATION OF THE OSCE
(…)
20. We reaffirm our utmost support for the sovereignty and territorial integrity of Georgia within its internationally recognized borders. We condemn the ‘ethnic cleansing’ resulting in mass destruction and forcible expulsion of predominantly Georgian population in Abkhazia. Destructive acts of separatists, including obstruction of the return of refugees and displaced persons and the decision to hold elections in Abkhazia and in the Tskhinvali region/South Ossetia, undermine the positive efforts undertaken to promote political settlement of these conflicts. We are convinced that the international community, in particular the United Nations and the OSCE with participation of the Russian Federation as a facilitator, should continue to contribute actively to the search for a peaceful settlement.
2-3 December 1996
(www.osce.org)
DECREE ISSUED BY THE PARLIAMENT OF GEORGIA on Expanding the Mandate of the Supreme Council of the Autonomous Republic of Abkhazia
As the Referendum held on 23 November 1996 among the refugee and internally displaced persons from the Autonomous Republic of Abkhazia demonstrated, these people unambiguously and unanimously condemned the so called elections, organized in the same day as Referendum by the Abkhaz separatist regime, while the Parliament of Georgia, acting on the basis of the Constitution of Georgia and norms of international law, declared the results of these elections as illegal and null and void. Bearing in mind the fact that currently substantial part of the territory of Abkhazia under occupation and it is impossible to hold in the Autonomous Republic free elections,
The Parliament of Georgia decrees:
To expand the mandate of the Supreme Council of the Autonomous Republic of Georgia until factual restoration of the jurisdiction of Georgia in the Autonomous Republic of Abkhazia.
Chairman of the Parliament of Georgia Zurab Zhvania
25 December 1996
(Bulletin of the Parliament of Georgia, Tbilisi, 1997, # # 1-2 (33-34/7), p. 2)
1997
RESOLUTION 1096 (30 JANUARY 1997) ADOPTED BY THE UN SECURITY COUNCIL
The Security Council,
Reaffirming all its relevant resolutions, in particular resolution 1065 (1996) of 12 July 1996, and recalling the statement of its President of 22 October 1996,
Having considered the report of the Secretary-General of 20 January 1997 (S/1997/47),
Acknowledging the efforts in support of the peace process of the Secretary-General and his Special Envoy, the Russian Federation as facilitator, and the group of Friends of the Secretary-General on Georgia as mentioned in the report,
Noting with deep concern the continued failure by the parties to resolve their differences due to the uncompromising position taken by the Abkhaz side, and underlining the necessity for the parties to intensify without delay their efforts, under the auspices of the United Nations and with the assistance of the Russian Federation as facilitator, to achieve an early and comprehensive political settlement of the conflict, including on the political status of Abkhazia within the State of Georgia, which fully respects the sovereignty and territorial integrity of Georgia,
Noting the opening of the United Nations Human Rights Office in Abkhazia, Georgia,
Reaffirming the necessity for the parties strictly to respect human rights, and expressing its support for the efforts of the Secretary-General to find ways to improve their observance as an integral part of the work towards a comprehensive political settlement,
Noting with concern recent frequent violations on both sides of the Moscow Agreement of 14 May 1994 on a Ceasefire and Separation of Forces (S/1994/583, annex I) (the Moscow Agreement), as well as acts of violence organized by armed groups operating from south of the Inguri River and beyond the control of the Government of Georgia,
Commending the contribution that the United Nations Observer Mission in Georgia (UNOMIG) and the Collective Peacekeeping Forces of the Commonwealth of Independent States (CIS peacekeeping force) have made to stabilize the situation in the zone of conflict, noting that the cooperation between UNOMIG and the CIS peacekeeping force has developed considerably, and
stressing the importance of continued close cooperation and coordination between them in the performance of their respective mandates,
Deeply concerned at the continued deterioration of the security conditions in the Gali region, with an increase of acts of violence by armed groups, and indiscriminate laying of mines, including new types of mines, and deeply concerned also at the continued deterioration of the safety and security of the local populations, of the refugees and displaced persons returning to the region and of the personnel of UNOMIG and of the CIS peacekeeping force,
Reminding the parties that the ability of the international community to assist them depends on their political will to resolve the conflict through dialogue and mutual accommodation, as well as their full cooperation with UNOMIG and the CIS peacekeeping force, including the fulfillment of their obligations regarding the safety and freedom of movement of international personnel,
Taking note of the decision taken by the Council of Heads of State of the CIS of 17 October 1996 (S/1996/874, annex) to expand the mandate of the CIS peacekeeping force in the conflict zone in Abkhazia, Georgia, and to extend it until 31 January 1997,
1. Welcomes the report of the Secretary-General of 20 January 1997;
2. Reiterates its deep concern at the continued deadlock in achieving a comprehensive settlement of the conflict in Abkhazia, Georgia;
3. Reaffirms its commitment to the sovereignty and territorial integrity of Georgia, within its internationally recognized borders, and to the necessity of defining the status of Abkhazia in strict accordance with these principles, and underlines the unacceptability of any action by the Abkhaz leadership in contravention of these principles, in particular the holding on 23 November 1996 and 7 December 1996 of illegitimate and self-styled parliamentary elections in Abkhazia, Georgia;
4. Reaffirms its full support for an active role for the United Nations in the peace process, welcomes the efforts of the Secretary-General and his Special Envoy aimed at achieving a comprehensive political settlement of the conflict, including on the political status of Abkhazia within the State of Georgia, respecting fully the sovereignty and territorial integrity of Georgia, as well as for the efforts that are being undertaken by the Russian Federation in its capacity as facilitator to continue to intensify the search for a peaceful settlement of the conflict, and encourages the Secretary-General to continue his efforts to that end, with the assistance of the Russian Federation as facilitator, and with the support of the Organization for Security and Cooperation in Europe (OSCE);
5. Welcomes in this context the initiative of the Secretary-General as outlined in his report to strengthen the role of the United Nations in the peace process;
6. Calls upon the parties, in particular the Abkhaz side, to achieve substantive progress without further delay towards a comprehensive political settlement, and further calls upon them to cooperate fully with the efforts undertaken by the Secretary-General, with the assistance of the Russian Federation as facilitator;
7. Welcomes the renewal of direct dialogue at high level between the parties, calls upon them to intensify the search for a peaceful solution by further expanding their contacts, and requests the Secretary-General to make available all appropriate support if so requested by the parties;
8. Reaffirms the right of all refugees and displaced persons affected by the conflict to return to their homes in secure conditions in accordance with international law and as set out in the Quadripartite Agreement of 4 April 1994 on voluntary return of refugees and displaced persons (S/1994/397, annex II), condemns the continued obstruction of that return, and stresses the unacceptability of any linkage of the return of refugees and displaced persons with the question of the political status of Abkhazia, Georgia;
9. Recalls the conclusions of the Lisbon summit of the OSCE (S/1997/57, annex) regarding the situation in Abkhazia, Georgia, and reaffirms the unacceptability of the demographic changes resulting from the conflict;
10. Reiterates its condemnation of killings, particularly those ethnically motivated, and other ethnically related acts of violence;
11. Reiterates its demand that the Abkhaz side accelerate significantly the process of voluntary return of refugees and displaced persons without delay or preconditions, in particular by accepting a timetable on the basis of that proposed by the Office of the United Nations High Commissioner for Refugees (UNHCR), and further demands that it guarantee the safety of spontaneous returnees already in the area and regularize their status in cooperation with UNHCR and in accordance with the Quadripartite Agreement, in particular in the Gali region;
12. Welcomes in this context the holding of the meeting on 23 and 24 December 1996 in Gali on the resumption of the orderly repatriation of refugees and displaced persons, in particular to the Gali region, and calls up on the parties to continue these negotiations;
13. Calls upon the parties to ensure the full implementation of the Moscow Agreement;
14. Condemns the continued laying of mines, including new types of mines, in the Gali region, which has already caused several deaths and injuries among the civilian population and the peacekeepers and observers of the international community, and calls upon the parties to take all measures in their power to prevent mine-laying and intensified activities by armed groups and to cooperate fully with UNOMIG and the CIS peacekeeping force in order to honour their commitments to ensure the safety and the freedom of movement of all personnel of the United Nations, the CIS peacekeeping force and international humanitarian organizations;
15. Urges the Secretary-General to take the necessary steps in response to the threat posed by the laying of mines in order to improve security conditions so as to minimize the danger to UNOMIG personnel and to create conditions for the effective performance of its mandate;
16. Decides to extend the mandate of UNOMIG for a new period terminating on 31 July 1997 subject to a review by the Council of the mandate of UNOMIG in the event of any changes that may be made in the mandate of the CIS peacekeeping force;
17. Expresses its full support for the implementation of a concrete programme for the protection and promotion of human rights in Abkhazia, Georgia, notes in this context the opening on 10 December 1996 of the Human Rights Office in Abkhazia, Georgia, as part of UNOMIG, under the authority of the Head of Mission of UNOMIG, and requests the Secretary-General to continue to pursue the necessary follow-up arrangements with the OSCE and to continue close cooperation with the Government of Georgia;
18. Reiterates its encouragement to States to contribute to the voluntary fund in support of the implementation of the Moscow Agreement and/or for humanitarian aspects including demining, as specified by donors;
19. Requests the Secretary-General to consider the means of providing technical and financial assistance aimed at the reconstruction of the economy of Abkhazia, Georgia, following the successful outcome of the political negotiations;
20. Requests the Secretary-General to continue to keep the Council regularly informed, and to report after three months from the date of the adoption of this resolution on the situation in Abkhazia, Georgia, including on the operations of UNOMIG and to provide recommendations in that report on the nature of the United Nations presence, and, in this context, expresses its intention to conduct a thorough review of the operation at the end of its current mandate;
21. Decides to remain actively seized of the matter.
(www.un.org/docs)
PROTOCOL # 7 OF THE MEETING OF JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN OSSETIAN CONFLICT SETTLEMENT
February 13, 1997, Vladikavkaz
Chaired by:
Gennady Matyushov – Deputy Minister of Russian Federation for Cooperation with CIS Member States, Head of the Russian part of the JCC.
Agenda:
1. On the activities of the JPKF in the zone of the Georgian-Ossetian conflict.
Report of the Commander of the JPKF in the zone of the Georgian-Ossetian conflict, Major General V. Nikolayev, and co-reports of the chief military commander of the Georgian battalion of the JPKF, R. Gurgenidze and chief military commander of the Ossetian battalion of the JPKF, R. Dzantiev, and deputy Mission Chief of the OSCE in Georgia, Genera, Kharmoza.
2. Problems of refugees.
Reports of the co-chairmen of the workgroups of the parties on the issues of voluntary return of refugees to the places of their previous official residence, and information of the Mission of the OSCE in Georgia on the problems of refugees (A. Korotkov, I. Machavariani, S. Kabolov, M. Libal and B. Chochiev).
3. Miscellaneous.
Information of the representatives of the workgroups of the parties on the issues of economic rehabilitation of regions in the zone of the Georgian-Ossetian conflict (A. Babenko, A. Shavlokhov, I. Machavariani).
On the process of implementing the “Agreement between the Government of Russia and Georgia on Economic Rehabilitation of Regions in the Zone of the Georgian-Ossetian Conflict” (1993, Moscow).
4. On venue, date and agenda of the next meeting of the JCC.
On the issues defined under the agenda the following has been resolved:
1. On the activities of the JPKF in the zone of the Georgian-Ossetian conflict (Nikolayev, Dzantiev. Matyushov, Gurgenidze).
Resolved:
1.1 Approve the decision of the JCC on the activities of the JPKF in the zone of the Georgian-Ossetian conflict (Draft resolution is attached).
1.2 Continue reviewing the stated issues at the next session of the JCC.
2. On measures to be taken with regard to return of refugees and IDPs as a result of the Georgian-Ossetian conflict to the places of their permanent residence (Korotkov, Machavariani, Kobolov, Malikova, Chochiev, Metsaev, Libal, Carpenter, Matyushov).
Resolved:
2.1 The parties approved the procedure on voluntary return of refugees and IDPs as a result of the Georgian-Ossetian conflict to the places of their previous permanent residence proposed by the workgroup and recommended its publication in the press (mass media) of the parties (draft resolution and the procedure are attached).
2.2 Continue reviewing the stated issues at the next session of the JCC.
3. Miscellaneous.
On the process of implementation of the agreement between the Governments of Russia and Georgia on the issues of economic rehabilitation of regions in the zone of the Georgian-Ossetian conflict (1993, Moscow) (Babenko, Shavlokhov, Machavariani, Matyushov).
Resolved:
3.1. Take into consideration the information of co-chairmen of the workgroups on the issues of economic rehabilitation of the regions in the zone of the Georgian-Ossetian conflict (draft resolution is attached).
3.2. Take into consideration the information of the Head of the Georgian Part of the JCC, I. Machavariani on the fact that the Georgia side spent on construction and rehabilitation works in the zone of the Georgian-Ossetian conflict GEL 0,5 million in 1996.
3.3. Assign the parties to present to the JCC the coordinated information on the construction and rehabilitation works actually performed in the zone of the Georgian-Ossetian conflict in 1996.
3.4. Continue reviewing the stated issues at the next session of the JCC.
4. On venue, date and agenda of the next session of the JCC (Matyushov).
Resolved:
Approve the agenda for the next session of the JCC:
On peacemaking forces;
On the process of implementation of the above-noted procedure (see 2.1).
On the process of the construction and rehabilitation works and power supply of the object in the zone of the Georgian-Ossetian conflict.
Miscellaneous.
Co-chairmen of the parties, along the way, should define the venue, date and agenda of the next session of the JCC.
Annexes 1,2,3 and 4 to the Protocol #7 of the session of the JCC dated February 13, 1997.
G. Matyushov, Head of Russian Part of the JCC
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)
Annex 1 To Protocol # 7 of the JCC Session dated February 13, 1997
DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On Activities of the Joint Peacekeeping Forces in the Zone of the Georgian-Ossetian Conflict
July 13, 1997, Vladikavkaz
The the JCC, having heard the report of the Commander of the Joint Peacekeeping Forces (JPKF) in the zone of Georgian-Ossetian conflict, Major general V. Nikolayev, as well as co-reports of chief military commanders of Georgian and Ossetian parties, colonel R. R. Gurgenidze and R. Dzantiev, respectively, as well as the Deputy Mission Chief of the OSCE in Georgia, Major General R. Kharmoza, came to the conclusion that the peacemaking forces still continue to be the most important guarantor of keeping peace and safe life of the population in the zone
The situation in the zone of conflict, at the present time, is moving towards further stability. Crimes and incidents that took place during the previous year had not political but rather criminal nature. Mutual cooperation between the law enforcement entities of the parties continued, that, together with the Commander of the JPKF took practical actions for normalization of the situation in the zone of conflict. Positive contribution to the positive processes was made by the Mission of the OSCE in Georgia.
The JCC wants to note with great satisfaction that at the session of the workgroup of the JCC on peacemaking forces held on February 4, 1997, it was recognized that it is important to transfer the functions of keeping law and order in the zone of conflict from the peacemaking forces to the law enforcement entities, on a gradual basis. Positive is the fact that the parties agreed to accelerate the development of the mutual document on cooperation of law enforcement entities pursuant to article 4,5. of the Memorandum on actions to be taken for providing security and safety , and strengthening mutual confidence between the parties to the Georgian-Ossetian conflict. The parties confirmed that it would be prohibited to establish net military formations (remilitarization) n the zone of conflict.
The JCC Resolved:
1. For the purpose of efficient resolution of the issues related to the practical implementation of the provision of the Memorandum, the Commander of the JPKF, in coordination with the military commanders of the parties, shall make decisions on dislocation of pickets (outposts) and posts after their approval at the JCC.
2. Approve the proposals of the Commander of the JPKF, within the period of February 15 to March 1, 1997, to reduce pickets and posts in the following units:
Boloti, Akhalubani, Eredvi, Sakorintlo, Knolevi, Avnevi, Argvitsi, Tsnelisi, Knaleti, Artsevi, Monasteri, Zemo-Keri and Khelchua.
In the area of the settlement of Sunisi, within the same period of time, put tripartite military observers and the division of the Russian battalion of the JPKF.
3. Support the intention of the parties to reduce on the coordinated basis and as an expression of the good will, the quantity of the personnel of the Georgian and Ossetian battalions.
4. Prior to March 15, 1997, the parties should develop a mutual document on cooperation of law enforcement entities in the zone of conflict.
5. Ask the Government of Russia to resolve the issue of regular financing of the Ossetian battalion of the JPKF.
6. Accelerate the process of staffing the Ossetian battalion from the drafted military persons.
7. The parties shall provide the Georgian and Ossetian battalions with the means of communication.
On behalf of the Russian side
On behalf of the Georgian side
On behalf of the South Ossetian Side
On behalf of the North Ossetian side
In the presence of: the OSCE Mission
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)
Annex 2 To Protocol # 7 of the JCC Session dated February 13, 1997
DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On Return of Refugees and IDPs as a result of the Georgian-Ossetian Conflict to the Places of their Permanent Residence
1. Approve the procedure on voluntary return of refugees and IDPs as a result of the Georgian-Ossetian conflict to the places of their previous permanent residence proposed by the workgroup and recommend its publication in the press (mass media) of the parties (draft resolution and the procedure are attached).
2. For coordinating the efforts of the parties on implementation of the procedure, a standing body shall be established under the JCC, which will consist of representatives of the parties. The workgroup, within the period of one month, shall develop and present for approval by the JCC the procedure defining the activities of the above-named organ. The parties shall define the personal composition of their representatives in the new organ.
3. Recommend the organs of authorities of the parties that participate in the JCC to start implementing the approved procedures.
4. The JCC approves the participation of the representatives of UN and non-governmental organizations in the activities of the workgroup.
5. The parties will support the activities of the UN within the framework of its mandate, and other international humanitarian organizations to have free access to returned individuals, guaranteeing the safety of their employees, simplifying the procedures for crossing the border.
The parties ask the UN and other international humanitarian organizations to make all efforts to receive from international communities the resources that are necessary for the resolution of the problem of refugees and IDPs, and,. at the same time, regularly inform the JCC and its standing organ on programs of rendered aids.
6. For the purpose of organized implementation of the process of return of refugees and IDPs, and creating guarantees of safety for the JPKF, clarify the issues with the law-enforcement entities of the parties in the places of return of refugees and IDPs in the zone of conflict.
7. Recommend the leadership of the parties to support the activities of the standing organ under the JCC to implement the process of return of refugees and IDPs by taking into account the principle of parallelism and interests of the parties, and exchange necessary information on a regular basis.
8. In the course of implementing the approved procedure, the workgroup, if needed, can suggest to introduce changes and amendments to the above-noted procedure and present it foe approval to the JCC.
On behalf of the Russian side On behalf of the Georgian side
On behalf of the South Ossetian Side On behalf of the North Ossetian side
In the presence of:
the OSCE Mission and
the UN
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)
Annex 3 To Protocol # 7 of the JCC Session dated February 13, 1997
PROCEDURE OF VOLUNTARY RETURN OF REFUGEES AND IDPS1 AS A RESULT OF THE GEORGIAN-OSSETIAN CONFLICT TO THE PLACES OF THEIR PERMANENT RESIDENCE
Recognizing the right of all citizens to live on the places of their origination and returning thereof considered under the universal declaration of human rights and the international pact on civil and political rights,
Acting in accordance with the agreement on the principles of the georgian-ossetian conflict settlement signed in sochi on june 24, 1992, the provision on joint controlling commission (JCC) dated october 31, 1994, the memorandum on the actions to be taken for providing safety, and strengthening mutual confidence between the parties to the georgian-ossetian conflict, and the statement on the results of the meeting between E. Shevardnadze and l. Chibirov held in vladikavkaz,
Confirming our striving for international agreement, peace and observance of human rights,
Expressing our readiness to voluntary return of refugees and idps to the places of their previous permanent residence, as well as respect their rights to make a free choice of their place of residence,
The parties will provide:
– the right of voluntary return of refugees and idps to places of their previous permanent residence;
– protection of refugees and idps from possible persecution or restriction of their right to freedom, as well as other actions that infringe their safety and dignity after their return; such protection shall not apply to persons, who have committed serious crimes of non-political nature, military crimes and crimes against the mankind, as defined under the respective international documents;
– the right of refugees and idps to reestablish their rights to ownership, that they have been deprived of in the process of the conflict;
– the right to freedom of movement;
– protection from persecution, from threats to their life and property, as well as levying non-sanctioned taxes or other material payments;
– protection from actions that can infringe upon the national dignity of refugees and idps;
– conditions for free realization of political and civil rights, as well as rights to citizenship;
– creation of conditions for development of culture, national traditions and teaching on the mother language for the returned refugees and idps.
– reliable and efficient information of the public about the process of return.
1. Return of refugees and idps under the strict observance of the principle of voluntariness and documented facts of permanent residence on the places of their return shall be carried out:
– in the maintained domicile, belonging to him/her on the basis of the law, upon its freeing if occupied by other refugees or idps;
– in reconstructed domiciles;
– in temporary domiciles.
2. For the purpose of supporting the organization of return, and identifying the act of the preliminary permanent residence of refugees and idps, refugees and idps shall file an application (annex 1) in two copies to the respective organs of authorities of the recipient party through organs of migration according to their actual temporary residence.
3. On the basis of the filed application, the organs of migration shall compile summary lists by territories of the previous residence and together with one copy of the application send them to the respective organs of authorities of the recipient party.
The second copy of the application shall be maintained in the organs of migration of the respective parties.
4. Consideration of the lists and applications shall be carried out within the period of 30 days from the moment of their registration upon their receipt by the respective organs of authorities of the recipient party.
Upon completion of consideration, lists of refugees and idps to be returned shall be approved and sent to the organs of migration of the respective parties.
5. In the case of a negative decision on the act of confirmation of the previous permanent residence, a written, legally documented respond shall be sent to the organ of migration of the respective party.
6. Sending of refugees and idps to the places of their permanent residence shall be carried out upon their readiness. In addition, the respective organ of migration shall send an official notification to the recipient party in advance.
7. For the voluntarily returned refugees and idps, the recipient party in close cooperation with the un shall provide for:
– receipt and delivery to places off their previous permanent residence;
– safety of return and residence;
– all civil, political, social-economic and cultural rights;
– support in adaptation and reintegration on the places of previous residence, including possible postponement from military service.
8. For the purpose of maintaining unity of families, spouses and/or children of refugees and idps to be returned who are not citizens of the recipient country, are permitted to enter and stay in the regions of return.
9. Voluntarily returned refugees and idps shall be exempt from ordinary migration, customs and other formalities that are characteristic to the entry points and highways, as well as all other duties and taxes payable on transportation facilities. Personal and public property of refugees and idps, that they carry with them, including domestic cattle, shall not be taxed by customs duties and taxes.
10. All rights and privileges of refugees and idps to the places of their permanent residence shall apply to those who chose for themselves a new place of residence.
11. Coordination of efforts of the parties on implementation of the procedure shall be carried out by a standing organ that consists of representatives of the parties, and authorized by the JCC to carry out respective functions.
February 13, 1997, Vladikavkaz
On behalf of the Russian Side
On behalf of the Georgian Side
On behalf of the South ossetian Side
On behalf of the North ossetian Side
In the presence of:
The OSCE Mission and the UN
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)
Annex 4 To Protocol #7 of the JCC Session dated February 13, 1997
DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT on the process of implementing the “agreement between the government of russia and georgia on economic rehabilitation of regions in the zone of the georgian-ossetian conflict” (1993, moscow).
(Babenko, Shavlokhov, Velichko, Machavariani, Matyushov)
1. Assign the workgroup to prepare proposals about the possibilities of attracting investments in the zone of the Georgian-Ossetian conflict taking into consideration the possibility to use on the first place:
contacts between the Russian and Georgian economic subjects;
interrelated government loans of Russia to Georgia;
the possibilities of international communities and private firms.
2. Take into account the statement of the Georgian side about the fact that in the 1997 draft state budget allocation of funds for the rehabilitation works in the regions of the Georgian-Ossetian conflict was considered in the amount of GEL 1 million, and the statement of the Russian side about allocating for the above-noted purposes in the draft budget of Russia allocation of 9 billion Rubles.
3. Due to the expiration of the term of effectiveness of the inter-state Agreement dated September 14, 1993, the JCC deems it necessary to ask the parties to develop the principles and forms of proceeding with the further liquidation of the social and economic consequences of the Georgian-Ossetian conflict. The relevant information about the stated issues shall be presented to the JCC prior to may 15, 1997.
4. Due to the threat of full cutting of the electrical energy to consumers in the zone of the Georgian-Ossetian conflict during Winter, the JCC supports the request of the South Ossetian side to the Governments of Russia and Georgia about mutual consideration of the issue regarding the payment of arrears of consumers in the zone of conflict to RAO Russia.
On behalf of the Russian side
On behalf of the Georgian side
On behalf of the South Ossetian Side
On behalf of the North Ossetian side
In the presence of: the OSCE Mission
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)
PROTOCOL of the Meeting devoted to the Issues of Comprehensive Settlement of the Georgian-Ossetian Conflict
On 4-5 March 1997, a meeting took place in Moscow between the Georgian and Ossetian delegations authorized with special mandates in terms of settlement of the Georgian -Ossetian conflict, pursuant to the Statement on results of meeting between E.A. Shevardnadze and L.A. Chibirov that was issued on 27 August 1996, with participation of representatives of the Russian Federation and delegation of North Ossetia and representatives of OSCE (find attached list of participants).
During the meeting, issues related to further development of permanent negotiation process on comprehensive settlement of Georgian -Ossetian conflict within the framework of the Vladikavkaz Agreements have been discussed.
The Parties once more reiterated their commitment to the principles of peaceful settlement of the conflict, to the provisions of the UN Charter, fundamental principles and decisions of OSCE, internationally recognized norms of the international law, including the principle of territorial integrity of sovereign states and right of the people to self determination, emphasizing the crucial importance of comprehensive settlement of the conflict in order to establish peace and accord in the Caucasus.
The Parties pointed out the fact that as a result of signing the Agreement on Principles of Settlement of Georgian-Ossetian Conflict on 24 June 1992 and introduction of Combined Peace-keeping Forces, in recent years the situation has been improved, in term of the existence of better psychological climate, step by step revival of the spirit of constructive dialogue and mutual tolerance. At the same time, the Parties manifested their strong belief in necessity of removing the dire consequences of the conflict, to put an end to the heavy legacy of recent years and restoration of peaceful relations and the mutual respect between the parties to the conflict.
The Parties noted with satisfaction the emerging positive tendencies in terms of settlement of the prevalent problems. At the same time, the special importance of the ongoing negotiation process directed at comprehensive settlement of the Georgian-Ossetian conflict has been underlined, the process that was initiated by the quadripartite meeting mediated by the OSCE that took place on 30 October 1995 in Vladikavkaz and the most import follow up and result of this meeting was the “Memorandum on Measures Aimed at Ensuring Security and Strengthening of Mutual Trust Between the Parties to the Georgian-Ossetian Conflict “ and meeting between
E. A.Shevardnadze and L.A. Chibirov that took place on 27 August 1966 in Vladikavkaz, as well as meeting of authorized delegations of the parties to the conflict, with participation of representatives of Russian and North Ossetian sides and the OSCE representatives.
The Parties unanimously acknowledged the sheer necessity for further progress in terms of final, comprehensive and peaceful settlement of the conflict. To this end and in order to implement provisions of the Statement issued on 27 August 1996, the Parties agreed to work out the pattern and time -table of work of the authorized delegations in the negotiation process.
The Parties pointed out necessity of setting up a joint secretariat for carrying out organizational duties and supporting operative works carried out by the Parties. The Parties agreed to appoint, but no later that 5 April 1997, their representatives to the Secretariat and inform each other about these appointments. It was decided to offer the OSCE to take part in the work of the Secretariat.
Within the context of comprehensive settlement of the Conflict, the huge importance of arriving at mutually acceptable decision with regard of political-legal aspects of Georgian-Ossetian relations, taking into account the events of recent years, as well as timely solution of the problems of economic revival and restoration of the disrupted economic ties, has been emphasized. The Parties pointed to the vital importance of finding new approaches in terms of settlement of economic aspects of the conflict, taking into due account the realities of modern market relations.
With a view of addressing the aforementioned problems and preparation of projects for their further deliberation and possible signing by the special delegations representing the parties to the conflict, and in accordance with the article 6 of the Rules of Procedure, the Parties agreed to set up a group of experts. The Parties agreed to inform the Secretariat about the composition of the expert group no later that 15 April 1997. It was decided to offer the OSCE to take part in the work of the group of experts. The expert groups will be entitled, in case of necessity, to invite highly qualified experts from other countries, as well as representatives of international organizations, including NGOs, to participate in the work of the group of experts.
The Parties agreed to hold the next meeting in June-July 1997. Date and venue and agenda of the meeting will be identified later on.
5 March 1997
On behalf of Georgia I. Menagarishvili
On behalf of South Ossetia A. Shavlokhov
On behalf of the Russian Federation B. Pastukhov
On behalf of the North Ossetia G. Jikaev
On behalf of the OSCE R. Harmoza
(Journal “Dimplomaticheskiy Vestnik”, 1997, # 4, p. 47-48)
Annex 2 March 5, 1997 Moscow
PROCEDURE Of Activities of the Authorized Delegations on the Negotiations on Full-Scale Settlement of the Georgian-Ossetian Conflict
The delegations of the Georgian and South Ossetian parties, acting with the authorities for the purpose of full-scale settlement of the Georgian-Ossetian conflict, have been formed for fulfillment of agreements of the parties pursuant to the Statement on the results of the meeting between E. Shevardnadze and L. Chibirov in Vladikavkaz dated August 27, 1996 and act on the basis of the above-noted Statement, as well as the Agreement on the principles of the Georgian-Ossetian conflict settlement dated June 24, 1992. The protocol of the meeting of the Georgian, South Ossetian, Russian and North Ossetian parties, with the participation of the the OSCE dated October 30, 1995, and the Memorandum on the actions to be taken for providing security and strengthening mutual confidence between the parties in the Georgian-Ossetian conflict dated May 16, 1996. The final goal of the activities of the authorized delegation is to reach agreement between the parties on each points at issue regarding the mutual relationship and providing full-scale settlement of the conflict through organizing permanent process of negotiations between the parties in the conflict, representatives of Russian and North Ossetian Parties, with the participation of the the OSCE.
1. The activities of the delegations represent permanent process of negotiations of two parties to the conflict, as well as the representatives of Russia and North Ossetian Party with the participation of the the OSCE. The highest organizational form of the process of negotiations is the meeting of delegations of the parties in the person of heads of delegations and other members thereof.
2. Delegations consist of special representatives – heads of the delegation appointed by the leadership of the parties at their discretion, who are authorized to make decisions on behalf of their party on each issue related to their competence, sign relevant documents on behalf of their party.
At the discretion of the leadership of each party, the head of the delegation can have a deputy who will be authorized to execute the function of the head of the delegation in the case of absence of the latter, or in other cases on his/her instructions.
3. Representatives of different international, including non-governmental organizations may be attracted to support the activities carried out between the parties.
4. The main task of the process of negotiations is to develop or approve decisions on various aspects of settlement of the Georgian-Ossetian conflict that are acceptable to the parties.
In addition, the parties are guided by the provisions of the Charter of UN, the fundamental principles and resolutions of the the OSCE, generally recognized standards of the international law and the right of people to self-determination.
5. The final result of the process of negotiations shall be signing of the document that fully settles the disagreement between the parties to the conflict.
This document shall become effective after passing through all the mandatory procedures by the parties.
Before reaching the final settlement of the conflict and signing the above-noted document, the parties may make mutual decisions on separate issues, sign protocols, statements, agreements, and other international documents.
6. For the purpose of fulfilling the above-noted tasks with regard to basic directions of the works, the parties shall establish expert groups.
Specialist from other countries and international, including non-governmental organizations, may be invited to participate in the activities of the expert groups.
Expert groups carry out negotiations on then issues that are related to their competencies, and on the basis of the agreement between the parties, prepare analytical materials, projects of various documents for the delegation. In their activities, the expert groups are authorized to require and receive all necessary documents from the respective state agencies and institutions.
The final decisions on the proposals and projects developed by the expert groups shall be made at the meetings of the delegation.
7. The delegations carry out their activities in close cooperation and contacts with the JCC, the organ, established for the purpose of resolving various aspects of the Georgian-Ossetian relationship, within the single framework of the process of the full-scale settlement of the conflict.
8. The members of the delegations enjoy diplomatic immunity and privileges in accordance with the norms of the international law.
Representatives of the parties support a member of the delegations on the spot, and provide her/him with the safety and security.
9. For the purpose of providing the public with the objective information, the delegations can provide the mass media with the materials about the process of their activities.
10. Meetings of the delegations shall be held if necessary. The venue and date of the next meeting shall be defined on the basis of the agreement between the parties.
11. At the meetings, delegations make decisions on the basis of consensus between the parties.
12. For carrying out the current organizational works and support efficient communications, the parties shall establish secretariats.
13. The permanent process of negotiations shall be concluded after reaching full-scale settlement of the Georgian-Ossetian conflict and becoming the document effective as defined under paragraph 5 of this Procedure.
Approved in accordance with the Protocol of the meeting of the delegations of Georgian and South Ossetian parties, having special authorities for the purpose of full-scale settlement of the Georgian-Ossetian conflict, as well as by representatives of Russian and North Ossetian parties, with the participation of the the OSCE.
March 5, 1997, Moscow
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)
JOINT DECLARATION on Further Measures aimed at Restoration of Economy and Developments in the course of Georgian-Ossetian Conflict
The participants of the meeting on comprehensive settlement of the Georgian-Ossetian conflict held in Moscow on 4-5 March 1997,
Deeply concerned about the deterioration of economy, industrial cooperation and worsening of living conditions of the population in time of Georgian-Ossetian conflict,
Noting with concern the continued failure to achieve substantive results in improvement of social-economic situation in the conflict zone despite the significant efforts towards the peaceful settlement of the conflict since June 1992,
Expressing firm commitment in cooperation, including international cooperation for the restoration and development of the conflict zone,
Considering such cooperation as the necessary component to the peace process,
Recognizing the direct link between the peace process and breaking of uncompromising public mentality on the one hand and restoration of public economy on the other,
Striving for establishment of security system in The Caucasus based on the understanding of peace as the most important prerequisite to the welfare, development, progress and prosperity,
Declare
– on necessity of continued effort towards the deliberation of mechanisms in Russian-Georgian relations, joint works on principles and forms for further restoration of public economy in the Georgian-Ossetian conflict due to the expiration of the term of Russian-Georgian Intergovernmental Agreement of 14 September 1993;
– on support of the request of Georgian and Ossetian Sides to facilitate in restoration of social-economic infrastructure affected in the conflict through the international aid, as well as through the involvement of non-governmental structures, agencies and other countries.
5 March 1997
(Journal “Diplomaticheskiy Vestnik”, 1997, # 4, p .49-50)
DECREE ISSUED BY THE GOVERNMENT OF THE RUSSIAN FEDERATION on Removal of restrictions set out in the Decree issued by the Government of the Russian Federation on 19 December 1994 # 1394 “On Measures for Temporary Restrictions of Border-Crossing Between the Russian Federation and the Republic of Azerbaijan and the Republic of Georgia”
The Government of the Russian Federation decrees:
1. To consider null and void Paragraph 1 of the Decree issued by the Government of the Russian Federation of 19 December 1994 #1394 “On Measures for Temporary Restrictions of Border-Crossing Between the Russian Federation and the Republic of Azerbaijan and the Republic of Georgia” … save the effect of this paragraph along the state border of Kransnodar Region of Russian Federation with Georgia.
2. The Ministry of Communications of the Russian Federation, Ministry of Transport of the Russian Federation and Federal Aviation Service of Russia, in compliance with Paragraph 6 of the Decision taken by the Heads of States of the Commonwealth of independent States of 19 January 1996 “On Measures for Regulation of the Conflict in Abkhazia, Georgia” shall restore:
Air communication between the airports of the cities in Southern regions of Russian Federation available for international flights and the airports of the Republic of Azerbaijan and Georgia;
Maritime communication with Georgia from the Seaports of Russian Federation at the Black and Azov Seas available for international communication;
Passengers’ railway communication between Moscow and Baku and Tbilisi (via Baku);
(…)
Chairman of the Government of the Russian Federation V. Chernomirdyn.
14 March 1997
(Collection of the Legislation of the RF, M., 1997, # 13, p. 2647-2648)
DECISION TAKEN BY THE COUNCIL OF THE HEADS OF SATES OF THE COMMONWELATH OF INDEPENDENT STATES on Implementation of the Measures for Conflict Settlement in Abkhazia, Georgia
The Council of the heads of States of the Commonwealth of Independent States,
Confirming its commitment to the sovereignty and territorial integrity of Georgia,
Taking note of the Declaration of Lisbon Summit of the Heads of OSCE member-States (December 1996) condemning the “ethnic cleansing” resulting in mass destruction and forcible expulsion of predominantly Georgian population in Abkhazia”, as well as obstruction of the return of refugees and displaced persons,
Being guided by the provisions set up in the “Memorandum on Peacekeeping and Stability in The Commonwealth of Independent States” (Almaty, 10 February 1995) and Declaration of the Council of the heads of States of the Commonwealth of Independent States (Minsk, 26 May 1995) on elimination of separatism as the most important prerequisite for stability in the Caucasus and regulation of conflicts in this region,
Condemning the position of the Abkhaz side obstructing the implementation of agreement on political regulation of the conflict in Abkhazia, Georgia and return of refugees and displaces persons to the places of their residence,
Noting that the measures undertaken pursuant to the Decision of 19 January 1996 on conflict settlement in Abkhazia, Georgia have considerably encouraged the process of negotiations,
Noting also with concern the failure by the sides to solve their differences on key problems of the conflict settlement, including on the political status of Abkhazia, Georgia. Deeply concerned at subversive and terrorist acts in Gali region and continued violation of the Agreement on Cease-fire and Separation of Forces of 14 May 1994 victimizing local population, refugees and displaces persons and servicemen of the Collective Force,
The Council of Heads of States declares, that the member-states of the Commonwealth of independent States:
– will exert every effort to early and comprehensive political settlement of the conflict in Abkhazia, Georgia, return of refugees and displaces persons to their places of residence;
– will continue implementation of the Decision taken by the council of the Heads of States of the Commonwealth of Independent States of 19 January 1996 “On Measures for Regulation the Conflict in Abkhazia, Georgia” and reinforce the control on its realization;
– will continue full support to the sovereignty and territorial integrity of Georgia within its internationally recognizes borders;
Expressing its deep concern at unsolved political and humanitarian problems emerged in the course of conflict, the Council of the Heads of States of the Commonwealth of Independent States calls upon the CIS member-states an the world community to continue humanitarian assistance to the regions affected in time of war.
Done at Moscow 28 March 1997 in one original copy in Russian language…
Signed by the Heads of States of the Commonwealth of Independent States.
The Document hasn’t been signed by the Republic of Belarus and Turkmenistan.
(www.un.org/russian)
DECISION TAKEN BY THE COUNCIL OF THE HEADS OF SATES OF THE COMMONWEALTH OF INDEPENDENT STATES on Support to the Peacekeeping Operations in the Conflict Zone of Abkhazia, Georgia
The Council of the heads of States of the Commonwealth of Independent States,
Stressing the important role of the Collective Peacekeeping Force and the UNOMIG Mission in stabilization the situation in the conflict zone, establishment of conditions for return of refugees and displaced persons in safety,
decided:
1. To extend the Mandate of the Collective Force in the conflict zone for a new period terminating on 31 July 1997, or until one of the Sides of the conflict demands the termination of the operation.
2. In order to develop peacekeeping operation, the most comprehensive implementation of tasks within the Mandate of the Collective Peacekeeping Force and its expansion set up in the Decision taken by the Council of the Heads of States of the Commonwealth of independent States of 17 October 1996 On Establishment of the Conditions for Return of Refugees and Displaces Persons in Gali Region (within old frontiers), to consider necessary expansion of relevant security zone determined by he Agreement on Cease-fire and Separation of Forces of 14 May 1994.
The Command of the Collective Peacekeeping Force, in cooperation with the Sides shall elaborate the plan of re-dislocation of Force and other measures related to the return of refugees and displaced persons to the mentioned region.
3. The Command of the Collective Peacekeeping Force, in compliance with the elaborated plan, shall carry out the measures to develop the management of the Force and better coordination of headquarters in the conflict zone.
To endorse the proposals of the Russian federation on enforcement of the personnel of the Collective Peacekeeping Force through substituting some units with the specially trained unites for carrying out peacekeeping function.
4. The council of Ministers of Defence of the Commonwealth of Independent States shall find the capacity to carry out the process of de-mining by the specialists of the CIS member-states in Abkhazia, Georgia.
5. To entrust the Council of ministers of Foreign Affairs and the Council of Ministers of Defence of the commonwealth of Independent States, in coordination with the interested Sides, with a task of carrying out adequate works for elaboration of amendments and additions to the Mandate of the Collective peacekeeping Force based on the changes of situation in the conflict zone and submit it to the Council of the Heads of States.
6. The Ministry of Foreign affairs of the Russian Federation shall inform the UN Security Council on this Decision taken by the heads of States of the Commonwealth of independent States.
Done at Moscow 28 March 1997 in one original copy in Russian language…
Signed by the Heads of States of the Commonwealth of Independent States.
The Document hasn’t been signed by the Republic of Belarus, Moldova, Turkmenistan and Ukraine
(www.un.org/russian)
DECREE ISSUED BY THE PEOPLE’S ASSEMBLY – THE PARLIAMENT OF THE REPUBLIC OF ABKHAZIA on the Decision Taken by the heads of States of the Commonwealth of independent states of 28 march 1997 “on Support the Peacekeeping Operations in the Conflict Zone of Abkhazia, Georgia”
Having heard and discussed the information of the Legal Committee on the Decision taken by the Council of the heads of States of the Commonwealth of Independent States of 28 march 1997 “on Support the Peacekeeping Operations in the Conflict Zone of Abkhazia, Georgia”, the People’s Assembly – the parliament of the Republic of Abkhazia notes, that the decision on expansion of the security zone opposes to the Agreement on cease-fire and Separation of Forces of 14 May 1994 under which the Peacekeeping Force has been deployed to the Abkhaz-Georgian conflict zone and such decision leads the destabilization to the region. Pursuant to this Agreement “ The function of the peacekeeping force of the Commonwealth of Independent States shall exert its best efforts to maintain the cease-fire and to see that it is strictly observed. Furthermore, its presence should promote the safe return of refugees and displaced persons, especially to the Gali region”.
The changes to the Mandate of the Peacekeeping Force can be done only with the mutual consent of the Sides.
The People’s Assembly – Parliament of the Republic of Abkhazia considers that ignoring the vision of Abkhazia, as the Side to the conflict, can only lead the further opposition and failure of the process of political settlement of the Georgian-Abkhaz military confrontation.
The People’s Assembly-Parliament of the Republic of Abkhazia decrees:
1. The decision taken by the heads of States of the Commonwealth of Independent States of 28 March 1997 without consent of the Abkhaz Side and in violation of the Agreement on Cease-fire and Separation of Forces with regard of expansion of the security zone and re-dislocation of peacekeeping force is unacceptable to the Abkhaz Side.
2. To appeal to the Council of the Heads of Sates of the Commonwealth of Independent States and Interparliamentary Assembly of the CIS with the request of sending the commission to Abkhazia in order to learn the situation and proposals of the Abkhaz Side on peacekeeping operations and achievement of comprehensive political settlement of the Georgian-Abkhaz military conflict.
R. Kharabua
Deputy Speaker of the Parliament-People’s Assembly of the Republic of Abkhazia
Sukhum, 1 April 1997
(Newspaper “Respublika Abkhazia”, # 28, 16-18 April 1997)
THE PARLAMENTARY ASSEMBLY OF THE COUNCIL OF EUROPE
RESOLUTION 1119 (1997) 1 on the conflicts in Transcaucasia
The Assembly considers that maintaining the cease – fires, in force in the
Transcaucasian conflicts, particularly in Abkhazia and Nagorno – Karabakh since May 1994, should help to bring about political stabilisation in the zone of tension.
Following the various hearengs held by its Committee on Relations with European
Non – Member Countres, it hopes thet rapid, decisive progress towards a political settlement of these conflicts will be made.
3. The three Transcaucasian countres – Armenia, Azerbaijan and Georgia – all hold special guest status and have applied for full membership of the councel of Europe. The Assembly considers that a genuine political will by all the parties to settle these conflicts would help to speed up the accession procedures.
4. The Assembly appeals to all parties directly and indirectly involved in these conflicts to participate constructively in the mediation work conducted on the ground. particularly by the United Nations, the Commonwealth of Indepedent States (CIS) and the organisation for Security an d Co-operation in Europe (OSCE).
5. Even though these two conflicts are different in nature, the Assembly stresses that their political settlment must be negotiated by all parties involved, drawing in particular on the following principles, wich are based upon the 1975 Helsinki Final Act and the 1990 Paris Charter.
i. inviolability of borders;
ii. guaranteed security for all peoples in the areas concerned, particularly through
multinational peackeeping forces;
iii. extensive autonomy status for Abkhazia and Nagorno – Karabakh to be
negotiaded by all the parties concerned;
iv. right of return of refugees and displaced person and their reintegration respecting
human rights.
6. The Assembly considers that in the Transcaucasian countries, the Councel of
Europe should make a genuine contribution to establishing the rule of law, pluralist democracy, the protection of human rights the creation of social market economy.
7. The Assembly is interested to note certain signs of rapprochement between the
positions of Tbilisi and Sukhumi and hopes that a negotiated political settlement will soon be reached on the basis of the above – mentiond principles.
8. It hopes that the efforts of the parties concerned and also of the United Nations,
the OSCE and the Russian Fegeration, will soon lead to an institutional balance acceptable to both Tbilisi and Sukhumi, so that the refugees can return under optimum security conditions and the populations of the region can return to peace and economic prosperity.
22 April 1997
(www.coe.int)
DECREE ISSUED BY THE PARLIAMENT OF GEORGIA on Further Presence of Armed Forces of the Russian Federation deployed in the zone of Abkhaz Conflict under the Auspices of the Commonwealth of Independent States
The Parliament of Georgia notes that despite the all efforts undertaken by the Georgian Authorities, there is no tangible progress achieved neither in terms of return of refugees to their homes nor in terms of restoration of jurisdiction of Georgia in Abkhazia. Despite the decision taken on 28 March 1997 at the Summit of Head of States of CIS, the Peacekeeping forces of the Russian Federation, acting under the auspices of the Commonwealth of Independent States, failed to achieve any positive results at all.
The peacekeeping forces, in fact, carry out the functions of border guard, thereby, supporting and strengthening the separatist regime, which, in the hope of continuation of such support avoids to participate in the negotiation process in good faith and opposes to stage by stage return of refugees and internally displaced persons to their homes.
Appeal of the Council of Federation of State Duma of the Russian Federation to the President of the Russian Federation, requesting lifting of the economic sanctions is very telling indicator that Russian political forces do not want settlement of the conflict in Abkhazia through application of political clout of the Russian Federation. Taking into account the fact that economic and political sanctions against the Abkhaz separatist regime are last peaceful means to obtain consent of the separatist to participate in the peace negotiations, such a stance puts under question mark the perspectives of the peace process itself.
Disruption of peacekeeping mission carried out under the auspices of the Commonwealth of Independent States, non-implementation of the decision of Heads of State of the Commonwealth of Independent States of 29 March 1997 questions the effectiveness of this international organization.
Pursuant to decrees of the Parliament of Georgia of 17 April and 2 October, and the Concept adopted on 3 April 1997, as well as legislative initiative supported by signatures of more that 30 000 electors, according to which if the Russian Federation fails to take serious steps aimed at settlement of the conflict in Abkhazia, Georgia would be obliged to review the issue of prolongation of the mandate of the peace keeping forces.
Taking all the aforementioned into consideration and in order to protect sovereignty and territorial integrity of Georgia, the Parliament of Decrees:
If no progress is achieved by 31 June, 1997 in terms of peaceful settlement of the conflict:
To deem it not appropriate to use the Armed Forces of the Russian Federation, acting under the auspices of the Commonwealth of Independent States, for carrying out peacekeeping operations in the zone of conflict in Abkhazia.
To ask the President of Georgia:
a) To secure elaboration and realization of mechanism of withdrawal from 1 August 1997 of the Armed Forces of the Russian Federation, deployed on the territory of Georgia and acting under the auspices of the Commonwealth of Independent States;
b) To work out an action plan aimed at maintenance of the cease-fire regime trough our own means and through the means of invited peacekeeping forces, after the Armed Forces of the Russian Federation, deployed on the territory of Georgia and acting under the auspices of the Commonwealth of Independent States are withdrawn;
c) To secure the beginning of negotiation process with the Russian Federation on withdrawal of Russian troops from the conflict zone in Abkhazia, to activate efforts and secure participation of international organizations in terms of settlement of the aforementioned issues.
d) To set up a joint group of representatives of executive and legislative power, that will coordinate elaboration and implementation of legislative bases of the aforementioned issues.
2. To note that the President of Georgia put forward an issue on transfer to Georgia its share of the Black Sea Military Fleet and establish control over the implementation of this issue.
3. Until the negotiation process is completed, to ban any removal from the territory of Georgia of military machinery, equipment and other valuables of the Russian Federation.
4. To start immediate negotiations with the Russian Federation and countries of the Tashkent Agreement of 15 May 1992 on transfer to Georgia military equipment, which should be transferred by the agreed quotas.
5. To entrust the Ad hoc Commission on Abkhazia and the Committee on Defense and Security of the Parliament of Georgia and to this end, to organize monthly hearings of competent executive bodies on the aforementioned issues.
Chairman of the Parliament of Georgia Z. Zhvania
30 May 1997
(Bulletin of the Parlament of Georgia, 1997, # 23-24, p. 2)
RESOLUTION ISUED BY THE COUNCIL OF THE INTERPARLIAMENTARY ASSEMBLY OF THE MEMBER-STATES OF THE COMMONWEALTH OF INDEPENDENT STATES on Peaceful Regulation of the Conflict in Abkhazia, Georgia
Deeply concerned at the lack of real progress in the comprehensive settlement of the conflict on Abkhazia, Georgia, in particular about the return of refugees and displaced persons in safety and dignity,
Noting the importance of early realization of the Decision taken by the Council of the heads of States of the Commonwealth of independent States of 28 march 1997 on Peaceful Settlement of the Conflict in Abkhazia, Georgia,
Proceeding from the fact that the term of presence of the Collective peacekeeping Force in the conflict zone expires in 31 July 1997,
The parliamentary Assembly of the CIS decides:
1. To appeal to the Statue-established bodies of the CIS responsible to the implementation of the Decision taken by the heads of States of the Commonwealth of Independent States of 28 March 1997 with the request to accelerate the realization of measures set up in this Decision, first of all in its part that regards assurance of security of return of refugees and displaces persons to their places of residence.
2. To call upon the Sides to achieve substantive progress towards the process of negotiation and search for the resolution of issues, subjects to contradiction through compromises in order to fulfil early comprehensive political settlement of the conflict.
Chairman of the Council of the Assembly E. Stroev
8 June 1997
(Newspaper “Svobodnaia Gruzia”, # 75, 10 June 1997)
RESOLUTION on Extension of the Mandate of the Collective Peace-keeping Forces in the Conflict Zone of Abkhazia, Georgia, ADOPTED BY THE STATE DUMA OF THE RUSSIAN FEDERATION
On 31 July 1997 the term of Mandate of the Collective Peace-keeping forces (hereinafter ‘collective forces’), which have effectively performed their duties in the conflict zone of Abkhazia, Georgia, will expire.
Incase of withdrawal of the Collective Forces from the said zone may entail a resumption of military operations between the Republic of Georgia and Abkhazia that is confirmed by the Ministry of Foreign Affairs of the Russian federation.
Such development may also involve the peoples of the North Caucasus into the conflict that will pose a threat to the territorial integrity of the Russian Federation. Moreover, the people, for whom Russian is a mother tongue will be suffering on the territory of Abkhazia.
Proceeding from the common values, interests of maintaining the stability in the Caucasus and for protecting the interests of Russia in the said region,
taking into account the fact that the collective forces are staffed solely by the military servicemen of the Military Forces of the Russian Federation,
the State Duma of the Federal Assembly of the Russian Federation decrees:
1. To advise the President of the Russian Federation to submit the proposal to the Council of the Heads of States of the Commonwealth of Independent States on extension of the mandate of the Collective Forces.
2. To advise the President of the Russian Federation to entrust the Ministry of Foreign Affairs with a task of holding the negotiations with the Republic of Georgia and Abkhazia on necessity of extension of the term of presence of the Collective Forces in the said zone.
3. To address to the Council of Federation of the Federal Assembly of the Russian Federation with the request to consider the issue on necessity of extension of the term of presence of the Collective Military Forces in the conflict zone in Abkhazia, Georgia.
4. This Resolution shall come into force from the day of its adoption.
Chairman of the State Duma
of the federal Assembly of the Russian Federation G. N. Seleznyev
23 June 1997, Moscow
(Bulletin of the Federal Assembly of the RF, M., 1997, # 28, p. 5538-5539/in Russian)
FEDERAL ASSEMBLY – PARLIAMENT OF THE RUSSIAN FEDERATION STATEMENT OF THE STATE DUMA “On the impermissibility of violating universal principles and norms of international humanitarian law with regard to the impoverished population of Abkhazia”
In connection with the Russian Federation’s blockade against Abkhazia in the interests of ensuring the territorial integrity of the Republic of Georgia, the State Duma of the Federal Assembly of the Russian Federation notes the following:
1. The Russian Federation recognizes and respects the territorial integrity of any state, but it can protect such territorial integrity only by concluding an international agreement of the Russian Federation in strict accordance with the constitutional procedures of ratification.
2. The Russian Federation cannot individually or jointly with member states of the Commonwealth of Independent States introduce sanctions in the form of coercive measures (including a blockade) against one side in an international armed conflict or a non-international armed conflict without a decision by the United Nations Security Council. The UN Security Council has not passed such a decision on this conflict.
3. The Russian Federation, by taking the side of the Republic of Georgia in this conflict, is violating the terms of its peacekeeping function approved by both sides of the conflict.
4. The limit and ban of trade and economic relations, financial operations, transport and other economic ties, in which the Russian Federation is a participant, and the turning off of telegraph and telephone communication, and the cessation of mail services are arbitrary measures. Those who suffer the most from these measures are the civilians of Abkhazia – people of various ethnic backgrounds and citizenship, including Russian citizens. This is a flagrant violation of universal principles and norms of international humanitarian law.
5. The blockade and the harsh restrictions on communications by one side in the conflict, especially in the absence of military action, in the context of decisions by the heads of state of the member states of the Commonwealth of Independent States passed on January 19, 1996 and March 28, 1997, signify the entry of the Russian Federation into the conflict. This could start a more acute phase in which “contingents of civilian police” are used unilaterally in the conflict zone or attempts are made to expand the “security zone” far into Abkhazia. This would inevitably lead to human losses, and negative moral and material consequences for the Russian Federation.
Due to the above, the State Duma supports the May 15, 1997 appeal (No. 166-SF) by the Federation Council of the Federal Assembly of the Russian Federation to the President of the Russian Federation, and a similar statement (of April 4, 1997) by the State Council-Khasse of the Republic of Adygeya, to the President of the Russian Federation, the Federation Council, the State Duma, and Prime Minister of the Russian Federation. In this context, the State Duma declares the need to end the blockade of Abkhazia by the Government of the Russian Federation, which is not in the interests of Russia, and violates the Constitution of the Russian Federation and universal principles and norms of international humanitarian law, which are an integral part of the legal system of the Russian Federation.
Moscow, June 24, 1997
(www.abkhazia.org)
DECREE ISSUED BY THE STATE DUMA OF THE FEDERAL ASSEMBLY OF THE RUSSIAN FEDERATION on the statement of the state DUMA on inadmissibility of violating the universal principles and norms of International humanitarian law with regard to the impoverished population of Abkhazia
The State Duma of the Federal Assembly of the Russian Federation resolves:
1. To adopt the statement of the State Duma of the Federal Assembly of the Russian Federation “On the inadmissibility of violating universal principles and norms of international humanitarian law with regard to the impoverished population of Abkhazia”.
2. To request that the Chair of the State Duma of the Federal Assembly of the Russian Federation, G. N. Seleznyov, forward this statement to the President of the Russian Federation Boris Yeltsin, the Prime Minister of the Russian Federation Victor Chernomyrdin, Minister of Foreign Affairs of the Russian Federation Yevgeny Primakov, Director of the Federal Border Service of the Russian Federation A. N. Nikolaev, Chair of the State Customs Committee of the Russian Federation A. S. Kruglov, Chair of the Parliamentary Assembly of the Council of Europe Leni Fisher, and General Secretary of the Council of Europe Daniel Tarshis.
3. Recommend to the President of the Russian Federation:
a) Not to permit the Government of the Russian Federation, in its peacekeeping efforts related to the settling of the Georgian-Abkhazian conflict, to take unilateral action that is counterproductive to Russia, and to stop violations against the population of Abkhazia of universal principles and norms of international humanitarian law, which are an integral part of the legal system of the Russian Federation;
b) To propose to the Government of the Russian Federation:
to refrain from current sanctions against the poverty-stricken population of Abkhazia for the sake of ensuring Georgia’s territorial integrity;
to reverse Resolution 1394 of the Government of the Russian Federation “On measures to temporarily limit crossings of the Russian Federation’s borders with the Republic of Azerbaijan and the Republic of Georgia,” passed on December 1994, “in order to ensure the security of the Russian Federation in connection with the conflict in the Chechen Republic.” On the basis of this resolution, the Federation Border Service of the Russian Federation does not permit entry into or exit from Abkhazia;
establish a list of commodities banned for export to Abkhazia to replace the current limited list of commodities permitted. The list should contain all commodities that could aid in the militarization of the region;
c) Suggest to the leadership of the Federal Border Service of the Russian Federation to refrain from attempts to prevent nonmilitary ships from entering or leaving Abkhazian ports, which are not in keeping witnorm of international law; and to examine these ships in the relevant Abkhazian port.
4. Publish this Resolution and the related Statement in Rossiiskaya Gazeta.
5. This Resolution goes into force the day it is adopted.
Chairman of the State Duma
of the Federal Assembly of the Russian Federation G. N. Seleznyov
24 June 1997
(Collection of the Legislation of the RF, 1997, # 28, p. 5538-5539)
RESOLUTION on conflict in Abkhazia, Georgia, adopting by the OSCE PARLIAMENTARY ASSEMBLY
1. Underlining the importance of the OSCE to work for the peaceful political settlement of the conflict in Abkhazia, Georgia.
2. Reaffirming that the conflict be settled according to the recognized principles of international law, and the relevant resolutions of the UN Security Council, and as provided by the decisions and resolutions of the OSCE Budapest and Lisbon Summits, the parliamentary Assembly of the Council of Europe and relevant CIS Bodies within the territorial integrity of Georgia and guaranteeing extensive autonomy for Abkhazia and providing remedies for ethnic cleansing, committed in Abkhazia as stated by the Lisbon Summit of the OSCE.
3. Emphasizing that any solution should be based on the priority of respect for human rights, including the right of all refugees and displaced persons to return safely as such return should make an essential element of any negotiated settlement.
4. Supports an idea of convening an International Peace Conference on the conflict in Abkhazia, Georgia under the auspices of the United Nations with the participation of OSCE, the group of “friends of Georgia”, the sides of the conflict and taking into account the role of the Russian Federation as Fasilitator.
Stresses the urgency of taking decisions to facilitate the above, considering the desperate situation of the refugees and displaced persons as result of the absence of any substantial progress in the settlement of the conflict and in view of the expiration of the term of the mandate of the CIS peacekeeping force on July 31, 1997.
Warsaw, 8 July 1997
(www.osce.org)
RESOLUTION 1124 (31 JULY 1997) adopted by UN the Security council
The Security Council,
Recalling all its relevant resolutions, reaffirming in particular resolution 1096 (1997) of 30 January 1997, and recalling the statement of its President of 8 May 1997,
Having considered the report of the Secretary-General of 18 July 1997 (S/1997/558 and Add.1),
Reiterating its full support for the more active role for the United Nations, with the assistance of the Russian Federation as facilitator, aimed at achieving a comprehensive political settlement,
Acknowledging the efforts in support of the peace process of the Secretary-General and his Special Representative, with the assistance of the Russian Federation as facilitator, as well as the group of Friends of the Secretary-General on Georgia and the Organization for Security and Cooperation in Europe (OSCE) as mentioned in the report,
Welcoming in this context the indication given in the report that prospects for progress in the peace process have improved, noting with deep concern the continued failure by the parties to resolve their differences, and underlining the necessity for the parties to intensify without delay their efforts to achieve an early and comprehensive political settlement of the conflict, including on the political status of Abkhazia within the State of Georgia, which fully respects the sovereignty and territorial integrity of Georgia,
Reaffirming the necessity for the parties strictly to respect human rights, expressing its support for the efforts of the Secretary-General to find ways to improve their observance as an integral part of the work towards a comprehensive political settlement, and noting developments in the work of the United Nations Human Rights Office in Abkhazia, Georgia,
Commending the contribution that the United Nations Observer Mission in Georgia (UNOMIG) and the Collective Peacekeeping Forces of the Commonwealth of Independent States (CIS peacekeeping force) have made in stabilizing the situation in the zone of conflict, noting that the cooperation between UNOMIG and the CIS peacekeeping force is good and has continued to develop, and stressing the importance of continued close cooperation and coordination between them in the performance of their respective mandates,
Deeply concerned at the continuing unstable and tense security conditions in the Gali region, characterized by acts of violence by armed groups, by armed robbery, and other common crime and, most seriously, by the laying of mines, including new types of mines, and deeply concerned also at the resulting lack of safety and security for the local populations, for the refugees and displaced persons returning to the region and for the personnel of UNOMIG and of the CIS peacekeeping force,
Reminding the parties that the ability of the international community to assist them depends on their political will to resolve the conflict through dialogue and mutual accommodation, as well as their full cooperation with UNOMIG and the CIS peacekeeping force, including the fulfillment of their obligations regarding the safety and freedom of movement of international personnel,
Taking note of the decision taken by the Council of Heads of State of the CIS of 28 March 1997 (S/1997/268, annex) to expand the mandate of the CIS peacekeeping force in the conflict zone in Abkhazia, Georgia, and to extend it until 31 July 1997, but noting with concern the uncertainty surrounding its extension beyond that date,
1. Welcomes the report of the Secretary-General of 18 July 1997;
2. Reiterates its deep concern at the continued deadlock in achieving a comprehensive settlement of the conflict in Abkhazia, Georgia;
3. Reaffirms its commitment to the sovereignty and territorial integrity of Georgia, within its internationally recognized borders, and to the necessity of defining the status of Abkhazia in strict accordance with these principles, and underlines the unacceptability of any action by the Abkhaz leadership in contravention of these principles;
4. Welcomes the efforts of the Secretary-General and his Special Representative aimed at achieving a comprehensive political settlement of the conflict, including on the political status of Abkhazia within the State of Georgia, respecting fully the sovereignty and territorial integrity of Georgia, and the efforts undertaken by the Russian Federation in its capacity as facilitator, in particular during the last round of talks between the parties held in Moscow in June 1997, to continue to intensify the search for a peaceful settlement of the conflict;
5. Reaffirms its support for the more active role for the United Nations in the peace process, encourages the Secretary-General to continue his efforts to that end, with the assistance of the Russian Federation as facilitator, and with the support of the group of Friends of the Secretary-General on Georgia and the OSCE, and welcomes in this context the holding of a high-level meeting on the conflict in Geneva under the aegis of the United Nations to map out the areas where concrete political progress could be made;
6. Notes the Addendum to the Report of the Secretary-General, supports the intention of the Special Representative of the Secretary-General to resume the adjourned meeting in September, and calls upon in particular the Abkhaz side to engage constructively at this resumed meeting;
7. Stresses that the primary responsibility for reinvigorating the peace process rests upon the parties themselves, calls upon them, to achieve substantive progress without further delay towards a comprehensive political settlement, and further calls upon them to cooperate fully with the efforts undertaken by the Secretary-General and his Special Representative, with the assistance of the Russian Federation as facilitator;
8. Welcomes the continuation of direct dialogue between the parties, calls upon them to intensify the search for a peaceful solution by further expanding their contacts, requests the Secretary-General to make available all appropriate support if so requested by the parties, and recalls the appeal of the Secretary-General to both parties to pursue the discussions on the implementation of the above-mentioned decisions of 28 March 1997 adopted by the Council of Heads of State of the CIS;
9. Recalls the conclusions of the Lisbon summit of the OSCE (S/1997/57, annex) regarding the situation in Abkhazia, Georgia, and reaffirms the unacceptability of the demographic changes resulting from the conflict;
10. Reiterates its condemnation of killings, particularly those ethnically motivated, and other ethnically related acts of violence;
11. Reaffirms the right of all refugees and displaced persons affected by the conflict to return to their homes in secure conditions in accordance with international law and as set out in the Quadripartite Agreement of 4 April 1994 on voluntary return of refugees and displaced persons (S/1994/397, annex II), condemns the continued obstruction of that return, and stresses the unacceptability of any linkage of the return of refugees and displaced persons with the question of the political status of Abkhazia, Georgia;
12. Reiterates its demand that the Abkhaz side accelerate significantly the process of voluntary return of refugees and displaced persons without delay or preconditions, in particular by accepting a timetable on the basis of that proposed by the Office of the United Nations High Commissioner for Refugees (UNHCR), and further demands that it guarantee the safety of spontaneous returnees already in the area and regularize their status in cooperation with UNHCR and in accordance with the Quadripartite Agreement, in particular in the Gali region;
13. Calls upon the parties to ensure the full implementation of the Moscow Agreement of 14 May 1994 on a Ceasefire and Separation of Forces (S/1994/583, annex I);
14. Condemns the continued laying of mines, including new types of mines, in the Gali region, which has already caused several deaths and injuries among the civilian population and the peacekeepers and observers of the international community, and calls upon the parties to take all measures in their power to prevent mine-laying and intensified activities by armed groups and to cooperate fully with UNOMIG and the CIS peacekeeping force in order to honour their commitments to ensure the safety and the freedom of movement of all personnel of the United Nations, the CIS peacekeeping force and international humanitarian organizations;
15. Urges the Secretary-General to continue to take the necessary steps in response to the threat posed by the laying of mines in order to improve security conditions so as to minimize the danger to UNOMIG personnel and to create conditions for the effective performance of its mandate;
16. Decides to extend the mandate of UNOMIG for a new period terminating on 31 January 1998 subject to a review by the Council of the mandate of UNOMIG in the event of any changes that may be made in the mandate or in the presence of the CIS peacekeeping force, and welcomes the intention of the Secretary-General, as mentioned in his report, to keep the Council informed of developments in this regard;
17. Reiterates its full support for the implementation of a concrete programme for the protection and promotion of human rights in Abkhazia, Georgia;
18. Welcomes the continued efforts by the United Nations agencies and humanitarian organizations to address the urgent needs of those suffering most from the consequences of the conflict in Abkhazia, Georgia, in particular internally displaced persons, encourages further contributions to that end, and reiterates its encouragement to States to contribute to the voluntary fund in support of the implementation of the Moscow Agreement and/or for humanitarian aspects including demining, as specified by donors;
19. Requests the Secretary-General to consider the means of providing technical and financial assistance aimed at the reconstruction of the economy of Abkhazia, Georgia, following the successful outcome of the political negotiations;
20. Requests the Secretary-General to continue to keep the Council regularly informed, to report after three months from the date of the adoption of this resolution on the situation in Abkhazia, Georgia, including on the operations of UNOMIG, and to provide recommendations in that report on the nature of the United Nations presence, and, in this context, expresses its intention to conduct a thorough review of the operation at the end of its current mandate;
21. Decides to remain actively seized of the matter.
(www.un.org/docs)
STATEMENT on the Meeting between the Georgian and Abkhaz Sides
The sides note with satisfaction that the arrival in Tbilisi of the Abkhaz delegation headed by V. Ardzinba and its negotiations with the Georgian delegation headed by E. Shevardnadze, with the participation of the Minister of Foreign Affairs of the Russian Federation Y. Primakov, will undoubtedly lay positive ground to the process of a peaceful settlement.
The participants in the meeting noted with satisfaction to the role of the Russian Federation
in the Georgian–Abkhaz conflict settlement, as clearly manifested in the initiative by the president of the Russian Federation B. N. Yeltsin of 1 August 1997.
On 14 August 1997, the very day when the military confrontation broke out, the representatives of the Georgian and Abkhaz sides declare their commitment to put an end to the conflict that has divided them and restore relations of peace and mutual respect.
The sides are convinced that the time has come to embark on a course leading to peace and prosperity with a sense of dignity and mutual tolerance, to act jointly in a spirit of compromise and reconciliation.
The sides committed themselves not to resort to arms to resolve the opposition that separates them and prevent, under any circumstances, a renewal of bloodshed. Any differences of opinion shall be resolved exclusively by peaceful political means, through negotiations and consultations both on a bilateral basis and with the aid and facilitation of the Russian Federation, under the auspices of the United Nations and with the participation of representatives of the Organization on Security and Cooperation in Europe and the Commonwealth of Independent States.
It was noted that it had been possible to reach agreement on a number of key problems of the settlement though yet there are certain issues with substantial differences.
The parties agreed on the need to remain in constant contact for the purpose of resolving the problems that gave rise to the conflict.
For the Georgian side: E. Shevardnadze
For the Abkhaz side: V. Ardzinba
Tbilisi, 14 August 1997
(www.c-r.org/accord)
PROTOCOL # 8 OF THE MEETING OF JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT
September 26, 1997, Settlement of Java
Chaired by:
Gennady Matyushov – Deputy Minister of Russian Federation for Cooperation with CIS Member States, Head of the Russian part of the JCC.
Agenda:
1. Report of the Commander of the JPKF, Y. Yurov, on “Activities of Peacemaking Forces”. Approval of the draft decision on “Mutual Cooperation of Law Enforcement Entities in the Zone of Conflict” agreed by the parties.
Co-reports of heads of competent organs of the parties and the Mission of the OSCE in Georgia.
2. On the process of implementation of the Procedure on Voluntary Return of Refugees and IDPs to the Places of their Permanent Residence. Approval of the draft procedure on ad hoc committee for supporting the voluntary return of refugees and IDPs to the places of their permanent residence . Reports of co-chairmen of the workgroups of the parties and the Mission of the JPKF in Georgia on the issues of the voluntary return of refugees.
3. On results of implementing the agreement concluded between the Governments of Russia and Georgia on economic rehabilitation of the regions in the zone of conflict (1993, Moscow) and the proposals on new principles and forms of further liquidation of social and economic consequences of the conflict.
Information of authorized parties on economic rehabilitation of the regions in the zone of conflict.
4. Miscellaneous.
5. On venue, date and agenda of the next session of the JCC.
The following was resolved with regard to the agenda:
1. On Activities of Peacemaking Forces. Approval of the draft decision on “Mutual Cooperation of Law Enforcement Entities in the Zone of Conflict” agreed by the parties. (Yurov, Nikolaishvili, Dzantiev, Kabolov, Kozei, Chigoev, Matyushov)
1.1 Approve Major General Yury Yurov as the Commander of the JPKF in the zone of the Georgian-Ossetian conflict.
1.2 Approve the decision of the JCC on Activities of Peacekeeping Forces in the zone of the Georgian-Ossetian conflict (the decision is attached. see Annex 1).
1.3 Approve the protocol on Mutual Cooperation of Law Enforcement Entities in the Zone of Conflict (the protocol is attached).
1.4 Continue to review this issue at the next session of the JCC.
2. On the process of implementation of the procedure on Voluntary Return of Refugees and IDPs to the Places of their Permanent Residence.
Approval of the draft procedure on ad hoc committee for supporting the voluntary return of refugees and IDPs as a result of the Georgian-Ossetian conflict to the places of their permanent residence. (Korotkov, Kachmazov, Kabolov, Chochiev, Machavariani, Matyushov)
(missing in the Russian text-Author)
2. On the process of return of refugees.
3. On the process of construction and rehabilitation works in the zone of the Georgian-Ossetian conflict.
4. Miscellaneous.
4.2 Co-chairmen of the parties should on the way define the venue and date of the next session of the JCC.
Annexes 1,2,3 and 4 to Protocol #8 of the JCC dated September 26, 1997.
G. Matyushov, Head of Russian Part of the JCC
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/Russian)
Annex 1 To Protocol # 8 of the JCC Session dated,September 26, 1997
DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On Activities of the Joint Peacekeeping Forces in the Zone of the Georgian-Ossetian Conflict
The the JCC, having heard the report of the Commander of the Joint Peacekeeping Forces (the JPKF) in the zone of Georgian-Ossetian conflict, Major general I. Yurov, as well as co-reports of the parties, of the general Lieutenant General G. Nikolaishvili, colonel R Dzantiev, as well as the Deputy Mission Chief of the OSCE in Georgia, Major General S. Kozei, came to the conclusion that the peacemaking forces still continue to be the most important guarantor of keeping peace and safe life of the population in the zone. It also noted the positive role of the Mission of the OSCE in Georgia in the above-noted processes.
The situation in the zone of conflict, at the present time, is moving towards further stability. Crimes and incidents that took place during the previous year had not political but rather criminal nature. Mutual cooperation between the law enforcement entities of the parties continued, and, together with the Commander of the JPKF, they took practical actions for normalization of the situation in the zone of conflict.
the JCC Resolved:
1. Approve the report of the Commander of the JPKF and the existing practice of functioning of these forces.
The workgroup of the JCC on military issues, within one month, shall develop and present to the JCC the proposals on the system of functioning of the JPKF. The date and venue of holding the session of the workgroup shall be coordinated along the way.
2. The Commander of the JPKF, depending on the circumstances and nature of the issues to be resolved, shall make a decision on specification of the organizational and staffing structure of peacemaking forces, based on the set quantity, which then should be approved by the JCC.
3. Ask the Governments of Russia, Georgia and North Ossetian – Alania to fully comply with the point 4 of the Annex 1 to the Protocol #6 of the JCC dated July 23, 1996.
4. For the purpose of objective coverage of the activities of the JPKF by the pr4ess (mass media), assign the parties to renew the activity of multilateral press-centers under the joint headquarters established according to the Decision #3 of the JCC dated July 4, 1992.
On behalf of the Russian side On behalf of the Georgian side
On behalf of the South Ossetian Side On behalf of the North Ossetian side
In the presence of: the OSCE Mission
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)
Annex 2 To Protocol #8 of the JCC Session dated September 26, 1997
DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On the process of implementation of the Procedure on Voluntary Return of Refugees and IDPs to the Places of their Permanent Residence, and Approval of the draft procedure on ad hoc committee for supporting the voluntary return of refugees and IDPs to the places of their permanent residence
1. Recognize the activities of the parties for implementation of the Procedure on Voluntary Return of Refugees and IDPs to the Places of their Permanent Residence (hereafter referred to as the Procedure).
2. Determine that the applications on return shall be sent to the leadership of the JCC of the recipient party.
3. Approve the procedure on ad hoc committee (hereafter the Committee) for supporting the voluntary return of refugees and IDPs as a result of the Georgian-Ossetian conflict to the places of their permanent residence presented and coordinated by the workgroups and recommend it for publication in the press (mass media) of the parties that participate in the JCC.
4. The parties and the OSCE, within the period of one month, shall present to each other a personal composition of their representatives to the Committee, indicating all necessary information. The session of the Committee shall be held on October 14, 1997 in Vladikavkaz.
5. Ask the UN to notify the parties about the composition of their representatives in the Committee and render technical assistance to the Committee in its activities.
6. In the process of the implementation of the procedure, the workgroups and the Committee, if needed, may propose changes and amendments to the Procedure and provision for their approval at the session of the JCC.
7. The work of the Committee on implementation of the Procedure shall be reviewed at the next session of the JCC.
On behalf of the Russian side On behalf of the Georgian side
On behalf of the South Ossetian Side On behalf of the North Ossetian side
In the presence of: the OSCE Mission
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)
Annex 3 To Protocol #8 of the JCC Session dated September 26, 1997
DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT on results of implementing the agreement concluded between the governments of russia and georgia on economic rehabilitation of the regions in the zone of conflict (1993, moscow) and the proposals on new principles and forms of further liquidation of social and economic consequences of the conflict.
The JCC notes the striving of the parties to positive mutual cooperation in resolving the economic problems within the framework of the georgian-ossetian conflict settlement and supports the further stabilization of this process.
The jcc notes that the obligations taken by the governments of georgia and russia considered under the agreement concluded between the government of russia and georgia on economic rehabilitation of the regions in the zone of the georgian-ossetian conflict dated september 14, 1993, were not fully executed. They did not present to the jcc their proposals defined under point 3 of the provision 4 of the decision of the jcc dated february 13, 1997.
Positively evaluating the work carried out by the parties, the jcc deem it necessary to do the following:
1. Ask the governments of georgia and russia to continue funding the works with regard to economic rehabilitation of the regions suffered in the process of the georgian-ossetian conflict, in the volume as to considered under the agreement concluded between the government of russia and georgia on economic rehabilitation of the regions in the zone of the georgian-ossetian conflict dated september 14, 1993.
2. Ask the governments of georgia and russia to reconsider the [possibility of concluding the bilateral agreement on mechanisms of economic cooperation in rehabilitating the regions suffered in the process of the georgian-ossetian conflict prior to july 1, 1998, which will respond to the modern conditions, with the participation of the south ossetian and north ossetian parties.
3. Take into consideration the statement of the co-chairman of the georgian part of the jcc, mr. I. Machavaiani about allocating by georgia gel 1 million (5 billion russian rubles) in 1998 for carrying out construction and rehabilitation works in the zone of the conflict.
4. The georgian side shall consider the proposals of the south ossetian party about using by it the targeted (purpose) loans granted by russia and present its decision within the period of one month.
On behalf of the russian side
On behalf of the Georgian Side
On behalf of the South Ossetian Side
On behalf of the North ossetian Side
in the presence of: the OSCE Mission
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)
RESOLUTION on Deportation of Abkhazs (Abazs) in the 19th Century, ADOPTED BY THE PEOPLE’S ASSEMBLY – THE PARLIAMENT OF ABKHAZIA
The colonial policy of the Russian empire in the years of Russian-Caucasian war (1817-1864) and in the following period had inflicted irreparable damage upon the Abkhaz(Abazs) nation and its genetic foundation. Part of ethnic Abkhazs have been eliminated for their struggle for the independence of their homeland, while 80% of those survived had been forced to flee to the Ottoman empire.
As a result of the war and the repeated punitive actions, expulsion of Abkhazs from their historical homeland, the north-west and central Abkhazia had become empty. Ethnic groups and territorial communities of Sazds, Akhchipsutsis, Aibegovts, Tsvitghs, Pskhuits, Gumts, Tsebeldians, Dalians and others had vanished completely. The same fate was shared by Ubikhs-relative ethnic group to Abkhazs (Abazs), that used to live on the territory between rivers Khosta and Shakhe, as well as by vast majority of Abkhazs (Abazs) that lived in the northern Caucasus. In Abkhazia remained only small enclaves populated by Bzipians, Abghuians and Samurzakanoians, and ethnic groups of Tapanta and Ashkharua in the northern Caucasus. In accordance with the modern international law, more than 300 000 Abkhazs (Abazs) deported in the 19th century must be qualified as refugees.
Countless disasters and sufferings had befallen the deported people – tens of thousands of people fell victim to hunger, cold and epidemics. The tsarist Russia’s accusations of “treachery” towards the deported Abkhazs(Abazs) were unfounded and groundless. They were denied the right to return to their homeland. Thousands of Abkhazs, having overcome unimaginable difficulties to return back to the shores of Abkhazia from Turkey, would be sent back to Turkey by the local administration. Meanwhile, those Abkhazs who remained in Abkhazia were labeled as “guilty” and “temporary” population of the country. They were deprived the right to settle down in the central and coastal Abkhazia and would be subjected to en masse deportation in case of slightest ant-governmental sentiments.
Although in 1907 the Russian Authorities lifted the insulting for national dignity label of “culprit” and “temporary” population from the Abkhazs, nevertheless, neither the tsarist Russia nor the Menshevik regime of the Democratic Republic of Georgia (1918-1921), nor the Authorities of Soviet Georgia or Soviet Union did not solve the problem of repatriation of Abkhazs, numerous individual and collective appeals of deported Abkhaz to the authorities of the aforementioned states, asking for their return to their historical homeland, were, as a matter of fact, ignored. Meanwhile, the Georgian authorities and their patrons in the Kremlin were undertaking purposeful steps toward en masse settlement of Georgians on the territory of Abkhazia and assimilation of those Abkhazs who remained on their historical homeland.
Currently, more than 4 thousand applicant from the Abkhaz Diaspora await answer to their request to be allowed to return to their historical homeland, in order to preserve their native language, national culture, traditions and their national identity, as a whole.
Providing historical and political-legal assessment of the events, fatal for the Abkhaz (Abazs) nation unfolded in the 19th century, the People’s Assembly of the Republic of Abkhazia decrees:
1. To qualify the massive extermination and expulsion of Abkhazs (Abazs) to the Ottoman empire in the 19th century as an act of genocide – the gravest crime against humanity.
2. In accordance with the convention of the UN General Assembly of 28 July 1951, to consider the Abkhazs (Abazs) deported in the 19th century as refugees.
3. To acknowledge the undeniable right of descendants of those Abkhazs (Abazs) deported in the 19th century to voluntary and unhindered return to their historical homeland.
4. To appeal to the UN, OSCE, CIS, to other international organizations, the Russian federation as legal successor of the Russian empire and the Union of Soviet Socialist Republic with a request to render necessary political, material, and humanitarian support to the process of voluntary and unhindered repatriation and integration of descendants of those Abkhazs (Abazs) deported in the 19th century.
5. To assign the Committee on Legislation and Commission on Inter-parliamentary Relations and Links with Follow Abkhazians of the People’s Assembly with a task of elaboration of draft laws related to systematic repatriation of Abkhazs (Abazs).
6. To propose to the President and Cabinet of Ministers of the Republic of Abkhazia to take into due account, in the process of working out and implementation of major directions of internal and external policy priorities, the crucial importance of repatriation
of descendants of Abkhaz refugees of 19th century, to adopt a comprehensive plan for repatriation and integration of foreign Abkhazs (Abazs).
7. To appeal to all republican and local organs of state authorities, political parties, public organizations, economic and commercial structures to render necessary political, moral-psychological and material assistance to the process of repatriation of Abkhazs (Abazs).
8. To publish this decree in the printed media and broadcast on radio and television.
Speaker of the People’s Assembly-
the Parliament of the Republic of Abkhazia S. Jinjolia
City of Sukhum, 15 October 1997
(Collection of the Legislative Acts of the Republic of Abkhazia. 16. Isuue, Sukhum, 1997, p. 106-107/in Russian)
RESOLUTION on Condemning the Genocide and other Repressive Measures against the Abkhaz People and representatives of other Nations residing in Abkhazia, resorted by the government of the Georgian Democratic Republic and the Soviet Georgia, and on Overcoming of their Aftermath ADOPTED BY THE PEOPLE’S ASSEMBLY – THE PARLIAMENT OF THE REPUBLIC OF ABKHAZIA
At the end of 19th century, after deportation of the majority of Abkhaz-Adigey and other peoples in the process of developing the Caucasus lands, the Georgian intelligentsia, nobility and bourgeoisie had got an idea to create a small Georgian Empire. However, the military-political, ethno-demographical and other conditions didn’t provide them opportunity to fulfill this idea within the Caucasus area. In the following period Georgian nationalists attached the greatest effort to establish their colonial ambition and special rights over Abkhazia, and in practice – towards incorporation of Abkhaz lands within the reestablished state of Georgia.
The governments had been changing, as well as the public-economic formations and generations of Georgian politicians; however the ambitions of a latter to devour Abkhazia remained the same, moreover, it used to gain a fresh breath. Georgia elaborated two ways to take over Abkhazia: the first was a peaceful way, i.e. mechanical increase of Georgian population in Abkhazia and artificial assimilation of Abkhazs, and the second – military, bred by aggressive nationalism, i.e. the occupation of the country and annihilation of the aborigines people.
The major obstacle on the way of achieving this Georgian goal of colonization was the Abkhaz population remaining after deportation. They directed their forces against this population.
The measures for assimilation of Abkhazs was carried out even at the Russian Tsar’s regime through resettlement of Abkhazs and distortion the history of the people. After dissolution of the Russian Empire and creation of the Georgian Democratic Republic (1918-1921), a new wave of distress befell on the Abkhaz People. The military-political leadership of Georgia resorted aggressive act against Abkhazia and occupied its territory under the pretext of fighting against Bolshevism, intentionally expelling the Abkhazs, Greeks, Armenians and others, and at the places of their residence settled the new Georgian colonialists from the Western part of Georgia. Exclusively Georgian schools had been open and the paperwork was translated into Georgian.
Revival of Abkhazia in the form of Soviet Socialist Republic took place on March of 1921 that established environment for physical survival of the nation, its social-economic and cultural development. However, at the end of the same year Stalin forced Abkhazia to conclude ‘the Special Union Treaty’ with Georgia, and 10 years later, on 19 February of 1931 the Abkhaz SSR was transformed into autonomous republic and included within the Georgian SSR.
Georgian authorities, backed by the Moscow, in early 30s unleashed campaign against Abkhaz national intelligentsia, farmers and Abkhaz people as a whole. It was followed by: artificial inclusion of Georgian words into Abkhaz vocabulary, closure of Abkhaz schools, termination of radio broadcast in Abkhaz language; renaming of geographical places, distortion of Abkhaz history etc. Abkhazs were forced to change the last names and nationality. At the same time comprehensive campaign of resettlement of Georgian on the territory of Abkhazia was in progress. To this end they established powerful construction entity ‘Abkhaz pereselenstroy’ and managerial staff at the Government of Abkhazia, as well as of Georgia. Resettlement was not volunteer process. In violation of established procedures the lands had been taken from Abkhaz villages and provided to Georgian peasants forcibly delivered there from various regions of Georgia.
Geography and structure of settlement of Georgians, as a rule on the territories with compact settlement Abkhazs (Ochamchire, Gudauta and Gagra Districts), as well as allocation of Georgian settlements along railway etc, against the peaceful background had an ethno-erosive effect, and in case of resistance from the side of Abkhaz population it took a nature of assimilation implemented through military strategy of Georgia. According to the modern International Law all of the aforementioned acts would have to be assessed as Genocide.
The houses and flats of Greeks, Turks, Lazs and others, exiled from Abkhazia, had been given to Georgians, delivered from different parts of Georgia with the aim to increase proportion of Georgian population in Abkhazia. Unbearable conditions established as a result of Georgian aggressive nationalism, made Abkhazs and other ethnics abandon the country. For example, in 1949-1953 more than 1500 Armenian families left Abkhazia.
Due to the Genocide and other repressive measures in the mid of 20th century, the Abkhaz ethnic group in Samurzakano was almost completely Georgianized, that amounted up to 40 thousand people. Total number of Abkhazs from 1886 (59,0 thousand) until 1959 (61,2 thousand) had a miserable increase. At the same time, owing to migration and assimilation of Abkhazs, the number of Georgians was increased from 4 thousand up to 158 thousand.
There was a real threat of a total annihilation of Abkhazs from the World ethnographical map. Only the end of Stalin’s totalitarian regime survived the Abkhaz people from disappearance. However, Abkhazia remained being a part of Georgia, and the Georgian authorities, through opening of enterprises, schools and other institutions, continued artificial increase of Georgian population in a covert manner. The following period of Abkhazia’s existence within the Georgian SSR was a constant fighting for survival and liberation from Tbilisi regime. In a more decisive manner the latter was expressed in 1956, 1964, 1967, 1978 and 1989. Having collapsed the USSR, the Abkhaz Georgian confrontation took a form of military aggression of Georgia against Abkhazia – – Abkhaz –Georgian War of 1992-1998.
Giving the legal-political assessment to the aforementioned facts and developments, the People’s Assembly of the Republic of Abkhazia decrees:
1. To recognize:
a) Invasion of Troops of the Democratic Republic of Georgia in Abkhazia in 1918-1921 as the act of genocide and occupation;
b) Annihilation and artificial assimilation of Abkhazs, deliberative changing of demographic situation in Abkhazia, forcible introduction of Georgian language in Abkhazia carried out by the military-political regime of Georgia of 1918-1921, as the acts of genocide.
2. To recognize the inclusion of the Abkhaz SSR within the Georgian SSR with the status of autonomous republic, as deliberative and unlawful political act against Abkhaz People and its statehood.
3. Heavy crime against mankind, committed by Georgian SSR in 30-40s in Abkhazia, resulted in slaughtering of national intelligentsia, advanced farmers, changing of Abkhaz alphabet into a Georgian model, closure of Abkhaz schools, termination of operation of Abkhaz radio, renaming of geographical places, distortion of history, artificial changes of demographic situation in Abkhazia shall be recognized as Genocide against the Abkhaz people.
4. To recognize the Abkhaz people as a subject of previous repression, and the Greeks, Turks and Lazs, expelled from Abkhazia in 40s, as national groups of Abkhazia, subject of repression.
5. To recognize as national movement for liberation from colonial regime of the Soviet Georgia, the mass demonstrations in Abkhazia in 1931, 1956, 1964, 1967, 1978 and 1989.
6. Based on the historical experience, to recognize, that the sovereign, democratic republic of Abkhazia, based on the rule of law, is the principal guarantor of social-economic and cultural revival of Abkhaz nation, as well as the guarantor of protection of rights and freedoms of all ethnics residing in Abkhazia.
7. Proceeding from the grave demographic situation in Abkhazia that is a legacy of our history, we advise to the President and the Chairman of the Cabinet of Ministers of the Republic of Abkhazia, to elaborate long-term policy and program of demographic development of Abkhazia.
8. To entrust the Legal Committee, the Committee on Sciences and Culture and the Commission on traditional culture “Apsuara” of the People’s Assembly of Abkhazia, with the task of elaborating the draft-laws and resolutions aimed at promoting the demographic situation in Abkhazia and development of the Abkhaz language, culture and traditions.
9. The Committee on science, education and culture of the People’s Assembly of Abkhazia shall speed up the work on the draft-laws on comprehensive restoration of names of historical places and other residential settlements of the Republic of Abkhazia.
10. The Abkhaz Institute on Humanitarian Research named after D. Gulia and the Abkhaz State University shall intensify the work on salient problems of history, language and culture of the Abkhaz people, publish and popularize them. To this end the Cabinet of Ministers of the Republic of Abkhazia shall allocate additional funds.
11 To entrust the Legal Committee and the Human Rights Commission of the People’s Assembly of Abkhazia with the task of elaborating the draft-laws on rehabilitation of national groups of Abkhazia (Greeks, Lazs, Turks and other), being the subject of previous repressions.
Speaker of the People’s Assembly
– the Parliament of the Republic of Abkhazia S. Jinjolia
15 October 1997, City of Sukhum
(Collection of the Legislative Acts of the Republic of Abkhazia. 16. Isuue, Sukhum, 1997, p. 109-114/in Russian)
RESOLUTION OF THE PEOPLE’S ASSEMBLY PARLIAMENT OF THE REPUBLIC OF ABKHAZIA On condemnation of genocide, ethnic cleansing and other crimes committed by the military-political authorities of Georgia against the population of Abkhazia during the Georgian-Abkhazian war of 1992-1993.
With the collapse of the Soviet Union, fearing the break-up of the Georgian “empire”, the Georgian leadership decided to keep Abkhazia, South Ossetia and other non-Georgian regions within Georgia by means of force. Beginning from late 80-s, counting on the assistance of thousands of Georgians of Abkhazia, who found themselves here as a result of demographic expansion, the Georgian authorities launched an anti-Abkhazian campaign. Following the government’s directives, scholars, intellectuals, informal organizations, clergy and Georgian mass media were accusing the “newcomers” on the Georgian land, Abkhazians, in all failures of the Georgian nation, particularly, in “blocking” their way towards national independence. In reality, the misanthropic ideology of aggressive Georgian nationalism was aimed at stirring up inter-ethnic animosity in Abkhazia, intimidating the Abkhazians and representatives of other nationalities living in Abkhazia, at abolishing the statehood of Abkhazia and the creation on the territory of the Georgian SSR of a unitary mono-ethnic independent Georgian state. The opponents of the cherished goal were threatened with physical annihilation or eviction from Abkhazia.
Bloody events in Abkhazia in July 1989, inspired by the Georgian authorities, became a dress rehearsal for a planned large-scale inter-ethnic and inter-state armed confrontation.
In the years that followed, at the bidding of the Tbilisi emissaries, the Georgian ultranationalists started the division of institutions, enterprises, arts associations and other unions and even sport teams according to the ethnicity, and the citizens of non-Georgian nationality were dismissed from their jobs. Later the Ministry of Interior, the Procurator’s Office, the Supreme Council and the Government of Abkhazia became also divided along the ethnic lines. Simultaneously to this, illegal Georgian armed formations were created, which were engaged in blackmailing and looting of peaceful civilians, in terror and subversive activities on the territory of Abkhazia.
The artificially created complex social-political and criminal situation forced thousands of Russians, Armenians, Greeks, Estonians and representatives of other nationalities to leave the Republic. Simultaneously, ethnic Georgians from Georgia were moving to Abkhazia and were getting permanent residence.
The leadership of Abkhazia repeatedly appealed to the Georgian authorities demanding to halt these explosive processes, but all in vain.
In the course of ever growing Georgian-Abkhazian opposition, which was taking place against the background of the collapse of the USSR and, accordingly, the Georgian SSR, the state-legal relations between Georgia and Abkhazia were disrupted. On 25 August 1990 the Supreme Council of Abkhazia, fearing the encroachment upon Abkhazia’s statehood, and realising the right of the Abkhazian nation to self-determination, adopted the “Declaration on the State Sovereignty of Abkhazia” and the Resolution “On Legal Guarantees for the Protection of the Statehood of Abkhazia”. On 21 February 1992 the Military Council of Georgia reinstated the Constitution of 1921 in which the state status of Abkhazia was not determined, and somewhat later, on 23 July 1992, the Supreme Council of Abkhazia restored the 1925 Constitution of Abkhazia, according to which Abkhazia was a sovereign state.
On 14 August 1992 the Republic of Georgia launched an armed attack against Abkhazia aiming at abolishment of the statehood of Abkhazia and at depriving of its people of their political independence. The Georgian occupational forces, among whom were thousands of criminals deliberately released from their prisons, perpetrated war crimes: they destroyed towns and other settlements, destroyed items of great cultural value for the nation, including the Central State Archives of Abkhazia and the unique Abkhazological Research Institute, treated prisoners of war and the wounded with cruelty, killed and raped peaceful civilians, looted and seized public and private property. The Georgian military-political authorities were guided by the principle “Abkhazia without the Abkhazians”, which was officially confirmed on 25 August 1992 by G. Karkarashvili, the Commander-in-Chief of the occupational troops in his televised address. The Georgian population of Abkhazia, especially the inhabitants of the settlements created during the Stalin period, took a most active part in mass killings of Abkhazians, including children, women and elderly.
As a result of the ethnic cleansing, practically no Abkhazian population was left on the occupied part of Abkhazia, including the towns of Ochamchyra, Sukhum and Gagra. For example, according to the data of the Procurator’s Office of Abkhazia, out of 7 thousand of Abkhazians residing in the city of Ochamchyra, over 400 were forced to be registered as Georgians, hundreds of Abkhazians were killed, and the rest had to flee in order to save their lives.
The Georgian occupants transferred the main focus of their operations onto the territory of Eastern Abkhazia. Following the directives of the Georgian leadership, they surrounded and isolated from the outside world all Abkhazian settlements in this area, including the town of Tkuarchal. Using modern weaponry, including the weapons of mass destruction, such as artillery systems “Grad”, “Uragan”, cluster shells and other kinds of weapons banned by the Geneva Convention of 1949, the aggressor was deliberately and systematically destroying the Abkhazian population of Abzhywan Abkhazia, which made up nearly a half of the entire Abkhazian nation. In the course of military operations a number of Abkhazian settlements were razed to the ground. It is noteworthy that among the documents of the headquarters of the 24th brigade of the Georgian military forces, captured by the Abkhazian fighters, a plan was found of launching on 26 December 1992 of a massive nuclear attack directed at 34 objects, including the settlements in Eastern Abkhazia.
Trying to escape genocide, the Abkhazians and representatives of other nationalities from Sukhum, Gagra and other areas of the Republic were thronging into Bzyp Abkhazia, which, encircled by the enemy and isolated from the outer world, was engaged in unequal struggle. Thus, in the end of the XXth century, before the eyes of the civilized world, the Georgian nationalists were carrying out a deliberate extermination of the Abkhazian nation, which, according to the Convention of the UN General Assembly of 9 December 1948, can be qualified as genocide.
The Procurator’s Office of the Republic of Abkhazia, conducting criminal investigation of numerous crimes committed by the Georgian occupational forces in Abkhazia, instituted more than three thousand criminal cases. Thousands of Armenians, Greeks, Russians, Ukrainians, Jews, Estonians, Turks and others were forced to leave Abkhazia. For example, during only one day, on 15 August 1993, 1200 ethnic Greeks were expelled from the city of Sukhum. As a rule, the authorities discontinued the residence permits of the citizens who had to leave the occupied territory, and they had to produce written obligations stating that they would not return back to Abkhazia. The houses and apartments of the deported citizens of Abkhazia were given over exclusively to ethnic Georgians, to those who were fighting in Abkhazia, or to those hastily brought in from Georgia.
The Supreme Council of the Republic of Abkhazia, at the very outset of the war, qualified in its special Resolutions of 15.09.1992 the actions of the Georgian military-political authorities against Abkhazia and its people as an aggression and genocide. The leadership of Abkhazia, public and political organizations, scientific institutions and individual citizens of Abkhazia have been repeatedly appealing to the world community with the request to stop the genocide, ethnic cleansing and other crimes being committed in Abkhazia by the Georgian authorities. However, no adequate practical measures were taken by the world community in order to save the Abkhazians and all multi-ethnic population of Abkhazia.
The people of Abkhazia, at the cost of incredible efforts and a considerable number of lives have heroically defended the liberty and independence of their motherland. A great assistance in this holy struggle was provided by the volunteers from the North Caucasus, the South of Russia and by the representatives of the Abkhazo-Adyghean Diaspora, by the people of good will. The majority of the Georgian population of the Republic, who played here the role of the “fifth column”, had left Abkhazia together with the retreating Georgian troops.
Since the end of active military activity, the Georgian authorities have been trying to conceal from the world community their crimes committed in Abkhazia. Moreover, they are trying to groundlessly accuse the Abkhazian side in “aggressive separatism” and “genocide” of the Georgians, thus creating a false public opinion concerning the lawfulness and necessity of solving the problem by means of force.
Regrettably, referring to one-sided information provided by Georgia, and with silent approval of international and regional organizations, the Russian Federation, in its capacity of facilitator of negotiations, is carrying out an economic and informational blockade of Abkhazia, thus aggravating the hardships and living standards of the multi-ethnic population of Abkhazia, which suffered during the war.
Giving the political and legal assessment to the events of 1992-1993 in Abkhazia, the People’s Assembly of the Republic of Abkhazia resolves:
1. Considering the Resolution of the Presidium of the Supreme Council of the Republic of Abkhazia of 15 September 1992 “On the Armed Aggression of the Troops of the State Council of Georgia Against Abkhazia” and basing upon the principles of international law, to regard the introduction in August 1992 into the territory of Abkhazia of Georgian armed forces as an act of aggression aimed at abolishing the Abkhazian statehood, at depriving of its people of their political will and at restoring on its territory of a colonial regime.
2. To consider the Georgian-Abkhazian war of 1992-1993 as a military-political conflict of the international, inter-state character, the conflicting sides of which were the two states: the Republic of Georgia and the Republic of Abkhazia, and that the armed forces of the national-liberation movement of the Republic of Abkhazia and of the former metropolis, the Republic of Georgia, had the status of the warring sides.
3. To acknowledge that the military forces of the Republic of Georgia, in violation of rules of conducting military operations as stipulated by international laws, have committed crimes against peace, gross military crimes on the territory of Abkhazia.
4. Taking into consideration the Resolution of the Presidium of the Supreme Council of the Republic of Abkhazia of 15 September 1992 “On the Genocide of the Abkhazian People”, on the basis of the Convention of the UN General Assembly of 9 December 1948, the People’s Assembly of the Republic of Abkhazia confirms and condemns the genocide and ethnic cleansing perpetrated by the military-political leadership of Georgia against the Abkhazian people with the aim of its complete annihilation as a distinct nation.
5. To ask the Procurator-General of the Republic of Abkhazia to accelerate the process of bringing to court and issuing arrest warrants for the organizers, the immediate executors and participants of the genocide, ethnic cleansing and other crimes committed against the Abkhazians and representatives of other peoples of Abkhazia.
6. To ask the Human Rights Commission of the People’s Assembly of the Republic of Abkhazia and the Procurator’s Office of the Republic of Abkhazia to accelerate the work on elucidating and condemnation of the facts of genocide, ethnic cleansing and other crimes perpetrated by the Georgian regime in Abkhazia.
7. To recommend to the President and the Cabinet of Ministers of the Republic of Abkhazia to consider the deliberate acts of genocide perpetrated in the past by the Georgian authorities against the Abkhazian nation and the encroachment upon the statehood of Abkhazia, when formulating and implementing the foreign policy, in particular, the basic principles of the relationship between Georgia and Abkhazia.
8. To suggest to the Cabinet of Ministers of the Republic of Abkhazia that it demands from the Government of Georgia the compensation to the Republic of Abkhazia of the material and moral damage inflicted during the Georgian-Abkhazian military-political and ideological confrontation.
9. To pass over to the UN Security Council, OSCE, Heads of States and Parliaments of the CIS, for their information and appropriate response, the materials presented by the Procurator’s Office of the Republic of Abkhazia on the facts of genocide, ethnic cleansing and other crimes violating international laws, which have been committed in Abkhazia by the Georgian aggressors. To publish these materials in the press and disseminate them in the United Nations Organization.
10. To request the UN Security Council:
a. to acknowledge the acts committed by the Georgian occupational regime against the people of Abkhazia in 1992-1993 as genocide and crime against humanity;
b. to set up an International Military Tribunal for bringing to justice criminals, their collaborators and inciters, who committed especially grave crimes against the Abkhazians and representatives of other peoples residing in Abkhazia
c. to set up a competent international Commission for an appropriate response concerning the establishment of facts of attempts by the Georgian authorities to use nuclear weapons in Abkhazia.
11. To ask the UN Security Council, OSCE, CIS to exert political, diplomatic, economic and other forms of pressure on the Georgian authorities in order to:
a. compensate the material and moral damage inflicted on Abkhazia during the Georgian-Abkhazian war and the following period;
b. eradicate the aggressive nationalism in Georgia, including colonial stereotypes which continually create an explosive situation in Georgia and in the whole of the Caucasus.
Sokrat Djindjolia
Speaker of The People’s Assembly Parliament of The Republic of Abkhazia
City of Sukhum, 15 October 1997
(www.abkhazia.org)
RESOLUTION OF THE PEOPLE’S ASSEMBLY PARLIAMENT OF THE REPUBLIC OF ABKHAZIA On condemnation of facts of high treason and collaboration with the occupational authorities during the Georgian-Abkhazian war of 1992-1993.
The war imposed by the Georgian Government upon the sovereign state of Abkhazia came as a severe ordeal for the people of Abkhazia, especially for the Abkhazians, i.e. for those who bear historical responsibility for the fate of this country. In the face of the danger real patriots of Abkhazia stood next to the Abkhazians in defense of their Motherland. The war did not, and could not, bring the desired victory to Georgia, since it was the war aimed at annihilation of the century-old statehood of Abkhazia and of the nation whose name this ancient country bears.
In this unequal struggle the Abkhazians were supported by their kin people from the North Caucasus, the South of Russia, by representatives of many countries abroad, by the Abkhazian Diaspora from Turkey, Syria, Jordan and a number of West European countries and the United States.
Certain citizens of Abkhazia, however, failed to join their people at that crucial moment. These people proved to be indifferent to their nation’s historical, spiritual and moral values and its political interests. At the time when the whole people of Abkhazia stood up in defense of their Motherland, some of those immoral people fled the Republic and took the position of outside observers. Some of those who by various reasons remained on the territory of Abkhazia occupied by the enemy, readily agreed to work in the occupational government’s bodies, and a part of them, seeking closer collaboration and trying to win more confidence from the occupational regime, even voluntarily changed their nationality. L. M. Marshania was appointed the Vice-Premier of the puppet government, S. K. Ketsba became the Minister of Culture, A. Z. Kobakhia became the Minister of Forestry and R. R. Eshba became the Minister of Industry. Among the civilian population there were individuals who did not believe in the possibility of the Abkhazian victory over the enemy that had overwhelming preponderance, and who, together with the State Council’s thugs, marauded and perpetrated crimes and atrocities against the civilians on the basis of their ethnicity.
The initiators, leaders and members of the so-called “Committee of the Salvation of Abkhazia” deserve special condemnation, as in the first days of the war they called the policy pursued by the legal leadership of Abkhazia adventurous. It is no secret that this notorious committee was not a neutral charitable organization, that it was set up at the initiative of Tbilisi. It was aimed at serving as an accomplice in ideological disarmament of the Abkhazian people, in neglecting their historical and ethnic identity. The participants and leaders of the Committee were L. M. Marshania, R. R. Eshba, A. M. Hashba, V. Z.Agrba, V. I.Akhuba, A. Z. Kobakhia, K. L.Anua, A. M. Kvitsinia, S. P. Ketsba, D. I. Mikeladze, V. I. Kodinets, S. A. Saakian, G. G.Gabunia, L. K. Sharangia, Sh. M. Misabishvili, and others. The Georgian faction of the then Supreme Council of the Republic of Abkhazia was one of the first to betray the interests of the Abkhazians and of the whole people of Abkhazia. Hoping to realize their chauvinistic intentions in regards to the Abkhazians and their historical Homeland, they, by their actions, provoked the war against Abkhazia. The Prosecutor’s Office of the Republic of Abkhazia has instituted a number of criminal proceedings against those who, during the Georgian-Abkhazian war, actively collaborated with the occupational regime on the part of the territory of Abkhazia that was temporarily occupied by the Georgian invaders.
The civilian consciousness of the elected representatives of the people demands the condemnation of those who put their personal interests above the interests of their own people, who committed high treason and joined those who infringed on the rights and freedoms of the Abkhazians and of the whole people of Abkhazia.
Being aware of its responsibility for the fate of the people of Abkhazia and realizing its Constitutional responsibilities, the People’s Assembly of the Republic of Abkhazia resolves:
1. To note that during the war of 1992-1993 between Georgia and Abkhazia there took place facts of high treason and collaboration with the occupational regime.
2. To ask the Prosecutor’s Office of the Republic of Abkhazia to accelerate the process of instituting criminal proceedings against those individuals who collaborated with the occupational authorities during the Georgian-Abkhazian war of 1992-1993.
3. To recommend to the President of the Republic of Abkhazia, the Cabinet of Ministers, Heads of administrations, Heads of Departments and State Institutions to take into account the present Resolution of the People’s Assembly while considering the personnel issues.
4. To make the present Resolution public through mass media.
Sokrat Djindjolia
Speaker of the People’s Assembly Parliament of the Republic of Abkhazia
City of Sukhum, 20 October 1997
(www.abkhazia.org)
DECREE ISSUED BY THE GOVERNMENT OF THE RUSSIAN FEDERATION on Importing of Citrus and Some Other Agricultural Products to the Russian Federation
In order to meet the needs of the population of the Russian Federation in citrus and some other agricultural products and with a view of rendering humanitarian social-economic assistance through the international foundation “Rossootech” to fellow compatriots living in Abkhazia, (Georgia), the Government of the Russian Federation decrees:
1. To entitle the Border Service of the Russian Federation, the State Custom Committee of the Russian Federation, Ministry of Transport of the Russian Federation and Ministry of Railway Network of the Russian Federation with a right to allow export into the Russian Federation from Abkhazia, (Georgia) in November-December 1997 and January-March 1998 of 10 000 tons of mandarin, 500 ton of forest nut, 2 000 ton of tea, 300 ton of bay leaf, as well as 1,5 million liters of fruit juice, jam, and other citrus products.
The Federal Border Service of the Russian Federation, the State Custom Committee of the Russian Federation, Ministry of Health Care of the Russian Federation, Ministry of Agriculture and Food Products of the Russian Federation and other relevant Federal organs of the Executive branch shall secure strict border, custom, sanitary-quarantine, photo-sanitary and other types of control on the state border of the Russian Federation, in the places of registration of the aforementioned commodities or upon the consent of the counterparts, in the places of shipment of the aforementioned products.
2. Ministry of the Railway Network of the Russian Federation and Ministry of Transport of the Russian Federation shall provide the necessary amount of transportation means for transport of the aforementioned goods to the Russian Federation.
Chairman of the Government of the Russian Federation V. Chernomyrdin
7 November 1997
(Newspaper “Rossiyskaia Gazeta”, # 220, 14 November, 1997, p. 13)
STATEMENT on Results of the Meeting between E.A. Shevardnadze and L. A. Chibirov
On 14 November 1997, a meeting between E. A. Shevardnadze and L. A. Chibirov took place in Java. In the course of the meeting, that proceeded in the spirit of mutual understanding and goodwill, very interesting exchange of points of view on a wide range of issues related to further development of negotiation process directed at comprehensive settlement of Georgian-Ossetian relations, took place.
The Parties pointed out with satisfaction that after signing on 16 May 1996 of the Moscow “Memorandum on Measures Directed at Ensuring Security and Strengthening of Trust between the Parties to the Georgian-Ossetian conflict, and after a year since they meeting that took place in August 1996 in Vladikavkaz, positive tendencies in terms of strengthening mutual trust and improvement of political climate around the negotiation process started to emerge and continue. That process was further promoted by the first meeting of the Georgian and Ossetian Delegations intended to support the process of comprehensive settlement of the Georgian-Ossetian conflict that took place on 4-5 March 1997 in Moscow, as well as regular the 7th and 8th sessions of the Mixed Control Commission.
The war that brought about human casualties and destruction, hollowing out of villages, was of the most tragic pages in the centuries-old history of Georgian-Ossetian relations and caused innumerous suffering not only to Ossetians, but to Georgians as well. This war runs counter to vital interests of both people and had extremely negative impact on traditionally friendly and amiable relations between them. The Parties underlined the common assessment of root causes and consequences of the Georgian-Ossetian conflict, which has been stated by E. A. Shevardnadze on many occasions.
Expressing their strong belief in necessity of speedy removal of unfavorable legacy of the conflict, the Parties declare their intention to fully implement the reached agreements and undertake new step aimed at comprehensive settlement of the conflict. To this end, the Parties confirm their commitment to implement the provision laid down in the Moscow Memorandum and Vladikavkaz Statement on denouncement of use of force or threat of use of force, prevention and cutting short of any illegal actions grounded on ethnic considerations.
The Parties underline that final political settlement of the conflict and voluntary, return in safety of refugees and internally displaced persons remains to be the major priorities in terms of comprehensive settlement of the Georgian-Ossetian relations. In turn, political settlement and return of refugees and internally displaced persons only will be possible in case of economic revival and development suffered from the conflict regions, through application of capabilities of the Parties to the conflict and assistance of International organizations, individual States, and capital of private investors. Jointly worked out programs for restoration, that can be financed by the UNDP should serve as a good example of the aforementioned activities.
The Georgian confirms its intention of financing works on economic revival of the suffered regions in the zone of Georgian-Ossetian conflict, which is being carried out on the basis of “Agreement between the Government of the Russian Federation and the Government of Georgia on Economic Revival of the Regions in the zone of Georgian-Abkhaz Conflict “ dated 14 September 1993, at the same simultaneously elaborating the relevant mechanisms based on the realities of the modern market relations.
In this regard, E. A. Shevardnadze and L . A. Chibirov have positively evaluated the tendency of establishment and improvement of relations between different official bodies and business circles of the Parties in the sphere of transport, energy resources, industry, agriculture, health care and other spheres, and they shall further encourage and promote these contacts.
The Parties underline with satisfaction that in the course of last year, some positive developments manifested themselves in terms of return of refugees. The Georgian side reiterates its readiness to promote the process of return of Ossetian families that were forced to leave the regions that were beyond the zone of conflict due to illegal acts directed against them. It was deemed expedient to declare 1998 as a year of return of refugees and internally displaced persons to the places of their permanent residence that would be carried out within the framework of the activities of the Mixed Control Commission.
The positive role played by the Russian Federation in terms of settlement of the conflict and restoration of economy destroyed by the war, as well as fruitful participation in this process of the Republic of Northern Ossetia-Alania, OSCE and UNHCF and other international organizations have been pointed out and appreciated.
The Parties positively evaluate peacekeeping activities carried out by the mixed armed forces in the zone of conflict, pursuant to “Agreement on Principles of Settlement of the Georgian-Ossetian Conflict “ of 24 June 1992, and that activities will be continued until other decision is taken by both Parties. At the same time, it has been pointed out with a sense of satisfaction the fact of full implementation by both Parties of the provisions of the Moscow Memorandum, relating to cooperation between the low enforcement organs of the Parties and aimed at guaranteeing security and rule of law in the conflict zone, and simultaneous reduction of military personnel and check points of the Mixed Peacekeeping Forces. The protocol endorsed by the Mixed Control Commission on 26 September 1997 in Java is deemed by the Parties as an important document in terms of further development and strengthening of cooperation and mutual trust between the law enforcement organs of the Parties.
Having underlined the importance of defining the basics of State-legal aspects of relations between the Parties, and being guided by the principles of territorial integrity of States and the right of self-determination, the Parties agreed to hold, in the immediate future, the second round of negations between the specially-mandated delegations of the Parties on the issues related to comprehensive settlement of the Georgian-Ossetian conflict. At the same time, their underlined the necessity of active participation of all Parties to the negotiation process, in terms of elaboration of mechanisms that would guarantee implementation of the reached agreements.
The Parties expressed the strong belief that final settlement of the existing differences in the
positions of Parties would contribute to establishment of lasting peace and stability in the Caucasus.
Having underlined the importance of direct contacts between them, the Parties agreed to establish direct telephone hot line, and turn their current meeting into a regular one.
President of the Republic of North Ossetia-Alania – A. Kh. Galazov, Chair of the Permanent Delegation of the Federation Council of the Russian Federation to the Parliamentary Assembly of the Council of Europe- A. S. Dzasokhov, Aide to the President of the Russian Federation – E. A. Pain, Deputy Minister on Cooperation with the CIS States of the Russian Federation – G. N. Matiushov, Head of the Mission of OSCE in Georgia -M. Libal took part in this meeting.
On Behalf of Georgia E. Shevardnadze
On behalf of the South Ossetia L. Chibirov
14 November 1997
(Newspaper “Svobodnaia Gruzia”, # 210, 15 November 1997)
FINAL STATEMENT on the results of the resumed meeting between the Georgian and Abkhaz sides held in Geneva from 17 to 19 November 1997
1. The resumed meeting between the Georgian and Abkhaz sides was held in Geneva from 17 to 19 November 1997 under the auspices of the United Nations with the participation of representatives of the Russian Federation acting as facilitator, the Organization for Security and Cooperation in Europe (OSCE), and the states of the Group of Friends under the Secretary General in 1994 consisting of France, Germany, the Russian Federation, the United Kingdom and the United States of America, acting as observers.
2. An exchange of views on the following issues took place during the meeting:
– Review of the state of the negotiations on the major aspects of a comprehensive settlement of the conflict and identification of areas where concrete political progress is possible to be made;
– Discussion of issues related to the return of the refugees and displaced persons;
– Intensification of efforts in the economic, humanitarian and social areas;
– Elaboration of a programme of future activities and mechanisms for their implementation.
Representatives of the Office of the United Nations High Commissioner for Refugees and the Department of Humanitarian Affairs also took part in discussing issues.
3. At the first part of the meeting (23 – 25 July 1997), the issue was raised on the status of the countries of the Friends of the Secretary General on Georgia. After extensive consultations, a decision was taken that the status of this Group of Friends of the Secretary General of the United Nations should be the similar to the status of the other groups of friends of the Secretary General. They may participate in meetings and make statements and proposals on various aspects of the peace process, including a political settlement. They are not the sides to the negotiations and shall not be invited to sign documents agreed upon the negotiations.
4. The parties welcomed the proposals of the Secretary-General of the United Nations to strengthen the involvement of the United Nations in the peacemaking process aimed at achieving a comprehensive political settlement.
5. The sides welcome the positive results of the meeting between Mr. Shevardnadze and Mr. Ardzinba in Tbilisi on 14 and 15 August 1997, organized with the support of the Russian Federation as facilitator.
6. It was noted that despite the vigorous efforts applied in order to intensify the peace process, the sought progress has not been made on the key issues of the settlement.
7. The sides reaffirmed their commitment made in the Tbilisi Statement of 14 August 1997 to the forbear from using the force or threat against each other. The sides only through the peaceful means shall settle any disputable issue.
8. The meeting took note of the contribution made by the United Nations Observer Mission in Georgia (UNOMIG) and the Collective Peacekeeping Forces of the Commonwealth of Independent States (the CIS peacekeeping force) in stabilizing the situation in the conflict zone and noted the significant strengthening of cooperation between UNOMIG and the CIS peacekeeping force.
9. The Special Representative of the Secretary General for Georgia, representatives of the OSCE and States members of the Group of Friends of the Secretary-General call on the sides and the Russian Federation to support the continuation of the peacekeeping operation of the CIS peacekeeping force in order to secure favourable and peaceful conditions for a comprehensive settlement of the conflict.
10. The parties condemn acts of violence by armed groups and the placement of mines, which has resulted in a deterioration of security conditions for the local population, returning refugees and displaced persons, the UNOMIG personnel and the CIS peacekeepers, and other international personnel working in Abkhazia.
11. The parties will take all necessary and effective measures to halt any activity by illegal armed formations, terrorist and subversive groups and individuals, including those penetrating Abkhaz territory from outside, which could destabilize the peace process and brings a resumption of hostilities.
12. The parties have agreed that progress towards strengthening confidence, mutual understanding and cooperation between them would be achieved through direct bilateral contacts and other measures. They believe that the speediest possible agreement on and signature of the relevant documents on a settlement of the conflict would be a real step towards bringing about a comprehensive political settlement of the conflict. In this respect, particular attention was given to the issue of the return of refugees and displaced persons to their place of permanent residence. At the same time, the stress was placed on the need to resume the process of voluntary return of refugees and displaced persons and to create safe living conditions for them.
13. The sides agreed on the need to take measures to convene in the near future a joint/bilateral commission to resolve any practical issues that may arise.
14. The parties agreed to refrain from disseminating hostile information about each other and to take measures to promote an atmosphere of mutual trust and understanding. The sides have agreed to conduct exchange visits of parliamentarians, academics, intellectuals, journalists and other representatives of society in order to help achieve this task.
15. The programme of action and the mechanism for its implementation are as follows:
a) the parties shall establish a Coordinating Council and, within its framework, working groups on the following areas:
– issues related to the firm non-resumption of hostilities and security problems;
– refugees and internally displaced persons;
– economic and social problems;
b) the Coordinating Council and the working groups will meet under the chairmanship of the Special Representative of the Secretary General of the United Nations or by his authorized representatives, with the participation of representatives of the Russian Federation as facilitator, representatives of the OSCE, and with the Group of Friends of the Secretary General;
c) separate groups of experts may be established to study specific aspects of issues relating to the comprehensive settlement of the conflict as and when such issues arise;
d) the Special Representative of the Secretary-General of the United Nations shall convene the Coordinating Council within the first week of December 1997. The working groups shall start their work in December 1997. The working group on issues relating to the firm non-resumption of hostilities and security problems shall meet in a regular basis, at least once a week.
16. Meetings of the sides will be held periodically to consider the progress of the negotiations on the major aspects of the comprehensive settlement of the conflict. These meetings will be chaired by the Special Representative of the Secretary General. They will take place with the participation of the Russian Federation as facilitator, with the OSCE, and the Group of Friends of the Secretary General pursuant to the conditions determined in paragraph 3 above.
19 November 1997
(Newspaper “Svobodnaia Gruzia”, # 215, 20 November 1997)
PROTOCOL of the First Session of the Coordinating Council of the Georgian and Abkhaz sides
The first session of the Coordinating Council, established on the basis of the final statement on the outcome of the meeting between the Georgian and the Abkhaz sides (Geneva, 17 to 19 November 1997) took place in Sukhumi on 18 December 1997 under the auspices of the United Nations and the chairmanship of the Special Representative of the UN Secretary General Mr. Liviu Bota.
The Georgian side was represented by a delegation consisting of Mr. Vazha Lordkipanidze, Mr. Rezo Adamia and Mr. Tamaz Khubua.
The Abkhaz side was represented by a delegation consisting of Mr. Tamaz Ketsba, Mr. Sergei Tsargush and Mr. Victor Khashba.
When opening the session, the Special Representative of the Secretary General welcomed the arrival in Sukhumi of the members of the Georgian delegation, who were appointed by Mr. E. Shevardnadze and represented the Georgian side exclusively in the Coordinating Council.
In the session participated the representatives of the Russian Federation as facilitator, the Organization for Security and Cooperation in Europe (OSCE), and the States to the Group of Friends of the UN Secretary General – France, Germany, the Russian Federation, the United Kingdom and the United States of America, as observers.
Mr. Ardzinba made a presentation at the opening of the session.
Representatives of the sides, the Russian Federation – as a facilitator, the OSCE and the Group of Friends of the Secretary General also made interventions during the course of the work.
The participants of the session adopted the Statute of the Coordinating Council, the text of which is attached.
After the conclusion of the session of the Coordinating Council, meetings of the Working Groups were held under the chairmanship of the Special Representative of the Secretary General. Agreement was reached on the schedule of work of the Working Groups.
18 December 1997
(Abkhaz Issue in Official Documents, Legislative and Executive organs of Georgia, International Organizations, 1989-1999, part II, 1995-1999; authors: Vakhtang Kholbaia, Teimuraz Chakhrakia, Rafiel Gelantia, David Latsuzbaia, Tb., 2000, p. 183-185/in Georgan)
STATUTE (REGULATIONS) OF THE COORDINATING COUNCIL
1. General provisions
The Coordinating Council (hereinafter referred to as “the Council”) is established in accordance with the final statement on the results of the meeting held in Geneva from 17 to 19 November 1997.
The Council is established in order to implement the provisions of the final statement.
2. Composition of the council and organization of its work
The Council shall meet under the chairmanship of the Special Representative of the UN Secretary General for Georgia or his authorized representative.
The Council shall consist of three representatives each from the Georgian and Abkhaz sides. In the work of the Council also participate the representatives of the United Nations, the Russian Federation, as facilitator, the OSCE and the Group of Friends of the Secretary General upon the conditions set out in paragraph 3 of the final statement. Experts may be invited on the request of the Sides.
The meetings of the Council shall be convened by the Special Representative of the Secretary-General and shall be held as necessary but at least once in every two months, alternately in Tbilisi and Sukhumi or at other place of venue agreed upon by the sides.
Each side shall have the right to call for an extraordinary meeting of the Council, which shall be convened by the Special Representative of the Secretary General within three days or, promptly in case of urgent situation.
A preliminary agenda for meetings shall be drafted by the Special Representative of the Secretary General in accordance with the provisions of the final statement and previous decisions of the Council and shall be delivered to the participants no later than 10 days prior to the convening of the meeting.
Each side shall have the right to put forward proposals on amendments or additions to the agenda, which shall be submitted to the Special Representative of the Secretary General no later than five days prior to the meeting. The Special Representative of the Secretary-General shall hold consultations on such matters before the convening of the meeting.
The other participants in the Council may also put forward proposals concerning the agenda, which shall be considered by the Special Representative of the Secretary-General and agreed by the Parties.
Decisions of the Council shall be taken on the basis of consensus between the Parties. In adopting decisions concerning the role and responsibility of the United Nations and the Russian Federation, and also decisions calling for the participation of the Group of Friends of the Secretary General, their agreement shall be required. Decisions of the Council shall be binding for both sides. Impediments to the implementation of the Council’s decisions shall be considered at the following meetings.
In case of failure to reach consensus when adopting decisions, the sides may state their position in the protocol of the meeting.
The working language of the meetings is Russian.
The office of the Special Representative of the Secretary General serves as the secretariat of the Council.
3. Working groups
Working groups are the executive bodies of the Coordination Council. Working groups shall consist of two representatives each from the Georgian and Abkhaz sides. The meetings of the working groups shall be chaired by the Special Representative of the Secretary General or his authorized representative, with the participation of representatives of the Russian Federation, as facilitator, the Organization for Security and Cooperation in Europe and the Group of Friends of the Secretary General pursuant to the terms set out in paragraph 3 of the final statement. Meetings of the working groups shall be convened by the Special Representative of the Secretary General. At the request of the sides, the experts may attend the meetings.
The working groups shall carry out activities in the following fields:
Working Group I – issues related to the firm non-resumption of hostilities and to security problems;
Working Group II – refugees and internally displaced persons;
Working Group III – economic and social problems.
4. Group of experts
Certain groups of experts may be established by the Council, the working groups or the Special Representative of the Secretary-General in order to examine specific aspects of issues relating to a comprehensive settlement of the conflict, if such questions arise.
5. Competencies of the Council
a) Issues related to the firm non-resumption of hostilities and to security problems. Consideration of breach of the Agreement on a Cease-fire and Separation of Forces of 14 May 1994 and the relevant provisions of Security Council resolution 937 (1994) of 21 July 1994, and the adoption of decisions to prevent such breach.
Consideration of questions relating to the effective implementation of the commitments made by the sides.
Introduction of effective measures to put an end to any activities conducted by illegal armed formations, terrorist or subversive groups or individuals, including individuals who penetrate into the conflict zone, as well as any activities that may destabilize the peace process or lead to a resumption of hostilities.
Assistance in mine clearance.
Working Group I shall investigate violation of the cease-fire regime, and terrorist or subversive activities, and shall draft proposals and recommendations on matters within its competence. Working Group I shall meet as necessary but at least once a week.
b) Refugees and internally displaced persons
In accordance with the concluding statement of the Geneva meeting, consideration of proposals on the resumption of the organized process of the voluntary, safe return of refugees and displaced persons.
Working Group II shall deal with the drafting of appropriate recommendations.
c) Economic and social problems
Consideration of questions of mutual interest to the sides (energy, transport, communications, environment).
Consideration of proposals to remove impediments to the normal economic and social development.
Working Group III shall draft proposals and recommendations on the establishment of effective cooperation between the sides in agreed fields.
18 December 1997
(Abkhaz Issue in Official Documents, part II, p. 183-185)
1998
PROTOCOL OF THE FIRST SPECIAL SESSION OF THE COORDINATING COUNCIL OF THE GEORGIAN AND ABKHAZIAN SIDES
The first special session of the Coordinating Council set up based on the final declaration of the meeting of the Georgian and Abkhazian sides (Geneva, 17-19 November 1997) was held on the demand of the Abkhazian side in Tbilisi on 22 January 1998 under the auspices of the United Nations, chaired by the UN Secretary General’s Special Representative Mr. Liviu Bota.
The Georgian side was represented by the delegation comprising Mr. Vazha Lordtkipanidze, Mr. Revaz Adamia, and Mr. Tamaz Khubua.
The Abkhazian side was represented by the delegation comprising Mr. Tamaz Ketsba, Mr. Sergey Tsargush, and Mr. Victor Khashba.
Representatives of the Russian Federation participated in the work of the session as a facilitating side, of the Organization for Security and Cooperation in Europe (OSCE) and the countries, members of the UN Secretary General’s group of friends: France, Germany, the Russian Federation, the United Kingdom, and the United States, as observers. Opening the session, the UN Secretary General’s Special Representative Mr. Liviu Bota, noting the escalation of the subversive and terrorist activities in the conflict zone, stated that he rejects in a categorical way use of force in the conflict settlement process, and condemns terrorist and violent acts. Mr. Liviu Bota called on the sides to take all necessary effective measures to stop activities of the illegal armed units, terrorist and criminal groups, and individual persons, including those penetrating into the Abkhazian territory from outside, that can destabilize the peace process and lead to renewal of hostilities.
Representatives of the sides, the Russian Federation acting as a facilitating side, OSCE, and the UN Secretary General’s group of friends, made a statement during the session. The agenda of the session comprised the following issues:
1. Review of the activities of the 1st and 3rd working groups;
2. Subversive acts that have taken place lately, and measures aimed at strengthening security in the conflict zone;
General Harun Ar-Rashid, the head of the 1st working group, and Mr. Marco Borsotti, the head of the 3rd working group, presented their reports on the activities carried out by the respective groups.
The Council adopted the following decisions:
1. To approve the need identification mission’s mandate in accordance with the 3rd working group’s proposals;
2. Charge the 1st working group to elaborate in a month’s time a mechanism, in which representatives of the sides, UNOMIG and/or CIS CPKF could participate in order to investigate and prevent facts violating the Moscow Agreement on Cease-fire and Separation of Forces, subversive and terrorist acts carried out in the conflict zone;
3. Charge the 2nd working group to hold a meeting during the first half of February 1998 and discuss fulfillment of the entrusted tasks.
4. Organize not later than the second week of March the next session of the Coordination Council to discuss reports of working groups, namely the report and recommendations concerning the activities of the of the needs identification mission.
V. Lordkipanidze, T. Ketsba, L. Bota
22 January 1998
(Abkhaz Issue in Official Documents, part II, p. 190-191)
RECORD OF THE SECOND SESSION OF WORKING GROUP I, OF THE COORDINATING COUNCIL OF THE GEORGIAN AND ABKHAZ PARTIES, on issues related to the lasting non resumption of hostilities and to security problems, held in Tbilisi on 22 January 1998
The Second session of the Working Group I on issues related to the lasting non-resumption of hostilities and security problems, an executive body of the Coordinating Council, took place in Tbilisi on 22 January 1998 under the auspices of the United Nations and the Chairmanship of the Chief Military Observer of UNOMIG, Maj. Gen. M. Harun-Ar-Rashid.
The Session took up the following points for discussion:
a) Observance by the parties of the “Agreement on a Cease-fire and Separation of Forces” of 14 May 1994;
b) Incidents involving mines, booby traps and other explosives, as well as diversionary and terrorist activities in the zone of conflict;
c) The strengthening of security in the zone of conflict.
In the Session the following were represented:
The Georgian Party, represented by the Head of WGI delegation Mr. Georgi Alexidze.
The Abkhaz Party, represented by the Head of WGI delegation Mr. Givi Agrba.
The Russian Federation as facilitator, represented by Maj. Gen. Sergei Korobko.
The Organization for Security and Cooperation in Europe, represented by
The states belonging to the Group of Friends of the Secretary-General, represented by
Opening the Session, the Chairman of Working Group I, Maj. Gen. M. Harun-Ar-Rasbid, the Chief Military Observer of UNOMIG welcomed the Heads of Delegations from Georgia and Abkhazia and the representatives of the Russian Federation, the OSCE and the states belonging to the Group of Friends of the Secretary-General. During the opening remarks the Chairman gave his impression on the listed agenda points.
After the opening remarks by the Chairman, the representative of the Russian Federation, Maj. Gen. Korobko gave his impression on the Agenda points.
Thereafter, the Head of the Georgian delegation Mr. Georgi Aleksidze took the floor and made a statement.
Thereafter, the Head of the Abkhaz delegation, Mr. Givi Argba took the floor and made a statement.
Thereafter, the Session openly discussed the agenda points. After deliberation the Session made the following recommendations:
1. On agenda point 1 the parties agreed to maintain status quo. On the issue of the outer boundary of the RWZ the parties agreed to put up respective proposals in the future sessions of the Working Group I.
On the second and third agenda points which are correlated, both parties agreed to cooperate with each other in eliminating the terrorist/banditry activities. It was further agreed that the following actions would be taken by both parties with immediate effect:
a) establish contact points at the level of WGI Heads of Delegations.
b) exchange relevant information regarding the terrorists/bandits as and when known to either party through the contact points.
c) on receipt of information or complaint by either party, a joint investigation team will be formed under the chairmanship of the UN with representatives from Georgia, Abkhazia and the CISPKF. The investigation team will establish which party/parties are responsible for the sabotage/terrorist activity.
d) the parties also agreed, in future Sessions, to put forward their respective proposals regarding preventive measures to be taken to stop terrorist/bandit activities.
The parties also agreed to continue the dialogue and to develop a Plan of Action for effective control of terrorist/bandit activity in the zone of conflict.
The Session also decided to meet again in first half of February 1998.
The Session concluded after word of thanks by the Chairman to all the participants.
Draft Communiquй
On Thursday, 22 January 1998, the second session of the Coordinating Council’s Working Group III met in Tbilisi, Georgia, at the headquarters of the United Nations Observer Mission in Georgia (UNOMIG), under the auspices of the United Nations and the Chairmanship of the United Nations Resident and Humanitarian Coordinator, Mr. Marco Borsotti.
The meeting was attended by
Mr. Temur Mosiashvili, representing the Georgian Delegation
Ms. Rita Lolua, representing the Abkhaz Delegation
Mr. Victor Khashba, also representing the Abkhaz Delegation
Mr. Valeriy Kushpel, representing the Russian Federation
Ms. Ina Lepel, representing the Federal Republic of Germany
Mr. Bernard Semeria, representing Republic of France
Mr. Michael Hancock, representing the United Kingdom
Ms. Paula Feeney, representing the United States of America
Ms. Molly O’Neal, also representing the United States of America
Mr. Michael Libal, representing the OSCE
At the meeting, a proposal was fielded by the Chairman, for a United Nations assessment mission in Abkhazia to define social and economic needs, and to identify programmes and projects to address those needs.
After discussion, the Chairman’s proposal for a Terms of Reference for the United Nations mission, was agreed to by Working Group III with some changes and clarifications.
The United Nations Needs Assessment mission will take place in the second half of February. It will carry out its functions in an integrated manner that will involve officials from various United Nations Agencies, representatives of the World Bank, and members of international organisations. The Mission shall prepare a report that will be reviewed at the next session of Working Group III before being forwarded to the Coordinating Council.
Under the auspices of the United Nations and within the framework of activities of the Coordinating Council’s Working group III established on the basis of the Concluding Statement of the outcome of the meeting between the Georgian and Abkhaz parties, a mission will assess and identify short and medium term needs in the economic and social spheres in the areas agreed hereunder:
AREAS OF CONCENTRATION
• Physical infrastructure
• De-mining
• Transport (Roads and bridges repair and reconstruction); identification of medium and long term needs including all transport sectors
• Power supply
• Telecommunication
• Water Supply and Sanitation
• Social Infrastructure
• Primary Health Care with special emphasis on preventive medicine
• Basic Education (obligatory school system)
• Housing and Shelter
• Food Supply to vulnerable population
• Post Conflict Trauma Counselling
• Confidence Building Initiatives for various groups of population
• Assistance on restoration of veterinary and sanitation services
• Private Sector Activities
• Development of Agricultural Activities
• Restoration of livestock
• Establishment of Micro Credit Facilities for Small and Medium Enterprises
• Public Sector Capacity Building
• Issues of/related to rational and effective local Administration
Expected Outputs
2. The team would prepare a comprehensive report outlining the needs in the different sectors, broken down into immediate rehabilitation needs and more medium-term development needs. An estimate of aggregate resources necessary for both should be provided. The report should, moreover, include a portfolio of project profiles which can be presented to donors for funding. To the extent possible, the projects should be conceived as components of more comprehensive programmes and, therefore, they should be inter-linked. The final draft of the report should be completed for revision by the parties no later than two weeks after the end of field activities of the assessment mission and shall be written in English. Translation of the report in other languages will be completed by the UNOP, once its text and proposals will be finally cleared by the SRSG.
The Composition of the Team
3. Participation in the needs assessment mission should be open to the relevant agencies of the United Nations, including UNICEF, WHO, ITU, ILO, UNIDO, UNESCO and FAO. Other bilateral and multi-lateral organisations will also be invited to participate, in particular representatives indicated by the World Bank. However, the total number of participants should be limited to secure effective co-ordination. The mission will be lead by a team-leader who will be designated by UNDP. The team leader should be a high ranking present or ex-UN official who has experience in leading similar kinds of missions. The team leader will be assisted by an experienced staff responsible who will act as executive secretary to the team and who will assist the team leader in the preparation of the final report based on the finding and recommendation elaborated by the other members of the mission.
Time frame for the Assessment Mission
4. Subject to the agreement of the parties, the mission should assemble in Tbilisi on 16 February 1998 and proceed to Abkhazia the following day, in order to complete its field operations within the following two weeks. The Team Leader, with the assistance of the Executive Secretary of the team, should then complete the preparation of the final draft of the mission report within the following week, thus completing the activities of the mission not later than March 7, 1998.
22 January 1998
(www.c-r.org/accord)
RESOLUTION 1150 (30 JANUARY 1998) adopted by the UN Security council
The Security Council,
Recalling all its relevant resolutions, reaffirming in particular resolution 1124 (1997) of 31 July 1997, and recalling the statement of its President of 6 November 1997 (S/PRST/1997/50),
Having considered the report of the Secretary-General of 19 January 1998 (S/1998/51),
Supporting the vigorous efforts to move the peace process forward made by the Secretary-General and his Special Representative aimed at achieving a comprehensive political settlement of the conflict, including on the political status of Abkhazia within the State of Georgia, respecting fully the sovereignty and territorial integrity of Georgia, with the assistance of the Russian Federation as facilitator, as well as of the group of Friends of the Secretary-General and of the Organization for Security and Cooperation in Europe (OSCE),
Stressing in this context the importance of the Concluding Statement adopted in Geneva on 19 November 1997 in which both sides welcomed, inter alia, the proposals of the Secretary-General to strengthen the involvement of the United Nations in the peace process, approved a programme of action and set up a mechanism for its implementation,
Reaffirming the necessity for the parties strictly to respect human rights, expressing its support for the efforts of the Secretary-General to find ways to improve their observance as an integral part of the work towards a comprehensive political settlement, and noting developments in the work of the United Nations Human Rights Office in Abkhazia, Georgia,
Deeply concerned at the continuing unsettled and tense security situation in the Gali region, characterized by the laying of mines, by a rising number of criminal activities, including kidnapping and murder, and, most seriously, by significantly increased subversive activities by armed groups which disrupt the peace process and impede a settlement of the conflict and the return of refugees, and at the resulting lack of safety and security for the local population, for the refugees and displaced persons returning to the region, for aid workers and for the personnel of the United Nations Observer Mission in Georgia (UNOMIG) and of the Collective Peacekeeping Forces of the Commonwealth of Independent States (CIS peacekeeping force),
Welcoming in this context the contribution that the CIS peacekeeping force and UNOMIG have made to stabilizing the situation in the zone of conflict, noting that the cooperation between UNOMIG and the CIS peacekeeping force is good and has continued to develop, and stressing the importance of continued close cooperation and coordination between them in the performance of their respective mandates,
1. Welcomes the report of the Secretary-General of 19 January 1998;
2. Notes with satisfaction that much groundwork has now been laid towards achieving substantive progress in the peace process but reiterates its deep concern that, as yet, no significant progress has been made on the key issues in the settlement of the conflict in Abkhazia, Georgia;
3. Commends the parties for the constructive approach shown at the Geneva meeting on 17 to 19 November 1997, welcomes in this context the establishment and the first meetings of the Coordinating Council and, within its framework, of working groups, under the chairmanship of the Special Representative of the Secretary-General, and stresses the importance of the effective working of these bodies in order to help progress towards a settlement;
4. Emphasizes that the primary responsibility for reinvigorating the peace process rests upon the parties themselves, and reminds them that the ability of the international community to assist them depends on their political will to resolve the conflict through dialogue and mutual accommodation and on their taking real steps towards bringing about a comprehensive political settlement of the conflict through the speediest possible agreement on and signature of the relevant documents;
5. Reaffirms the particular importance it attaches to the more active role for the United Nations in the peace process, encourages the Secretary-General and his Special Representative to continue their efforts, with the assistance of the Russian Federation as facilitator, and with the support of the group of Friends of the Secretary-General and the OSCE, and calls upon the parties to work constructively with them to achieve a comprehensive settlement;
6. Encourages the continuation of direct dialogue between the parties, calls upon them to intensify the search for a peaceful solution by further expanding their contacts, and requests the Secretary-General to make available all appropriate support if so requested by the parties;
7. Recalls the conclusions of the Lisbon summit of the OSCE (S/1997/57, annex) regarding the situation in Abkhazia, Georgia, reaffirms the unacceptability of the demographic changes resulting from the conflict and the right of all refugees and displaced persons affected by the conflict to return to their homes in secure conditions in accordance with international law and as set out in the Quadripartite Agreement of 4 April 1994 on the voluntary return of refugees and displaced persons (S/1994/397, annex II), encourages the Secretary-General to take such steps as are necessary, in cooperation with the parties, to ensure a prompt and safe return of the refugees and displaced persons to their homes, and stresses the urgent need for progress in this area, in particular from the Abkhaz side;
8. Calls upon the parties to ensure the full implementation of the Moscow Agreement of 14 May 1994 on a Ceasefire and Separation of Forces (S/1994/583, annex I);
9. Condemns the intensified activities by armed groups, including the continued laying of mines, in the Gali region, and calls upon the parties to honour fully their commitments to take all measures in their power and to coordinate their efforts to prevent such activities, and to cooperate fully with UNOMIG and the CIS peacekeeping force in order to ensure the safety and the freedom of movement of all personnel of the United Nations, the CIS peacekeeping force and international humanitarian organizations;
10. Welcomes the additional steps taken in order to improve security conditions so as to minimize the danger to UNOMIG personnel and to create conditions for the effective performance of its mandate and urges the Secretary-General to continue to make further arrangements in this field;
11. Decides to extend the mandate of UNOMIG for a new period terminating on 31 July 1998 subject to a review by the Council of the mandate of UNOMIG in the event of any changes that may be made in the mandate or in the presence of the CIS peacekeeping force;
12. Encourages further contributions to address the urgent needs of those suffering most from the consequences of the conflict in Abkhazia, Georgia, in particular internally displaced persons, including contributions to the voluntary fund in support of the implementation of the Moscow Agreement and/or for humanitarian aspects including demining, as specified by donors, requests the Secretary-General to consider the means of providing technical and financial assistance aimed at the reconstruction of the economy of Abkhazia, Georgia, following the successful outcome of the political negotiations, and welcomes the planning of a needs assessment mission;
13. Requests the Secretary-General to continue to keep the Council regularly informed, to report after three months from the date of the adoption of this resolution on the situation in Abkhazia, Georgia, including on the operations of UNOMIG, and to provide recommendations in that report on the nature of the United Nations presence, and, in this context, expresses its intention to conduct a thorough review of the operation at the end of its current mandate;
14. Decides to remain actively seized of the matter.
(www.un.org/docs)
DECISION TAKEN BY THE COUNCIL OF THE INTER-PARLIAMENTARY ASSEMBLY OF THE MEMBER-STATES OF HE COMMONWEALTH OF INDEPENDENT SATES on the situation of conflict settlement in Abkhazia, Georgia
Taking note of concern of the Georgian Delegation due to the lack of progress in peaceful settlement of the conflict in Abkhazia, Georgia and unsolved vital important issues emerged from the conflict,
Considering necessity of intensification of the negotiation process aimed at comprehensive settlement of the conflict, early return of refugees and displaced persons to their places of residence and determination of the political status of Abkhazia, Georgia, and also
Reaffirming all its previous Decisions on this issue,
The Inter-parliamentary assembly decides:
1. To call upon the Sides to achieve substantive progress without further delay towards a comprehensive settlement, first of all in organized and secured return of refugees and displaced persons to their places of residence and definition of the political status of Abkhazia, Georgia with facilitation of the Russian Federation.
2. To call upon the member-states of the Commonwealth of Independent States to ensure the realization of the measures set out in the Decision taken by the Council of the Inter-parliamentary assembly of the member-states of the Commonwealth of Independent Sates of 8 July 1997 “On Peaceful Settlement of the conflict in Abkhazia, Georgia”.
Chairman of the Council of the Assembly E. Stroev
28 February 1998
(Collection of Documents Relating to the Issue of Conflict Settlement in Abkhazia, Georgia adopted in 1992-1999, p. 103).
STATEMENT OF THE PARLIAMENT OF GEORGIA
The Parliament of Georgia is expressing deep concern regarding the existing situation in the sphere of settling the Abkhazian conflict, as well as on the announcement of Vladislav Ardzinba, leader of the separatist regime, which contained a call for one sided return of the IDPs to Gali region from March 1.
The Sokhumi authorities, speculating on the hard social-economic conditions of the IDPs, are trying to take advantage of the intolerable living conditions of these people and use this factor in their own favor. By means of entrapping them in the region as cheap labor force, they are aiming at portraying this action as a humanitarian endeavor and as demonstration of their goodwill before the international community.
All this is happening in Gali, at the background of tragic events of February 1994, March 1995 and May 1998, which took the lives of hundreds of innocent people; the atrocities committed by the separatists have been assessed by OSCE and UN as ethnic cleansing targeted at changing the demographic situation in the region.
The days in March of the current year one more time confirmed the suspicions and mistrust of the IDPs against the idea of the separatists on one sided return and therefore, it has been already for two weeks that on the banks of the Enguri river, nearby the control check-point, the sitting protest action of the IDPs is going on.
The Parliament of Georgia considers it totally unacceptable to start the return of the IDPs in one sided manner without the agreement of the Abkhaz and Georgian parties, as well as without studying and reviewing the given situation in the light of the international security mechanisms.
The President of Georgia, as well as the High Commission of Refugees and the Group of Friends of Georgia, participants of the negotiations within the Geneva format expressed their strictly negative attitude to the above mentioned announcement of the separatist leaders.
The Parliament of Georgia is appealing to the executive government to initiate actions in compliance with the Decree of the Parliament of Georgia on The Remedies of Settling the Conflict in Abkhazia, dated April 17, 1996.
In addition, the Parliament of Georgia is bringing to the attention of the international community the voluntary statement regarding the return of the IDPs to their former dwelling places and declares that the responsibility for the expected results will be laid solely on the separatist regime of the region.
Tbilisi, March 5, 1999
(Abkhaz Issue in Official Documents, Legislative and Executive organs of Georgia, International
Organizations, 1989-1999, part II, 1995-1999; authors: Vakhtang Kholbaia, Teimuraz Chakhrakia,
Rafiel Gelantia, David Latsuzbaia, Tb., 2000, p. 280-281/in Georgan)
STATEMENT OF THE PARLIAMENT OF GEORGIA
The Sukhumi separatist regime decided to take another provocative step- beginning from March 14, to hold the so called local self-governance elections.
The Parliament of Georgia believes that such kind of arbitrariness on the part of separatist regime becomes possible due to passivity of those states involved in the peace process, purposeful tolerance demonstrated by the Russian Federation toward such actions, certain inactiveness of the world community. All the aforementioned can not but cause serious concern of the Georgian Authorities , which is searching for more effective ways for the solution of the conflict in Abkhazia.
The aforementioned fact proves once more that continuation of the peace process in the existing format is unlikely to successful. The self-styled authorities of Abkhazia explicitly oppose those efforts of Georgia that aim at political settlement of the conflict. It ignores the efforts undertaken by the world community, endeavors of those states that are engaged in the Geneva process, therefore making it clear that all its declarations on being ready for peaceful and fair settlement of the conflict are not sincere.
Holding the so called elections in the region from which two thirds of the population had been driven out, moreover, holding them based on a cascade principles – at different times in different regions- constitutes the continuation of the policy ethnic cleansing and genocide, characteristic for the regime disrespect of the world community and amount to an attempt to create an illusion of freedom and democracy.
Against the background of unwavering good will of the Georgian Authorities and its recent compromises, manifested in Mr.Arszinba’s visit to Tbilisi, representative delegations’ meetings in Sukhumi and Tbilisi, that kind of impertinence is nothing else but political terror against the Georgian Authorities, against whole Georgia and especially against the IDP population and legitimate authorities of Abkhazia.
Under these circumstances, the Parliament of Georgia calls upon the remained in Abkhazia and deceived population- not to become hostage of another political adventure of the Abkhaz separatist regime and do not undertake steps, which would prolong the life-span of regime established by violent means and contribute to further escalation of the situation with tragic consequences.
Categorically condemning the another provocative actions undertaken by the Sukhumi separatist regime, the Parliament of Georgia reiterates that since the international organizations condemn aggressive separatism, international community acknowledged the fact of ethnic cleansing of Georgian population in Abkhazia, and pursuant to resolution of the Parliament of Georgia adopted on 10 May 1994 and 17 April 1996, the so called constitution, legal acts, agreements and treaties with the entities of foreign countries are declared null and void- therefore, all legal acts relating to any elections held by the separatist are illegitimate.
The Parliament of Georgia believes that the issue of inadmissibility of the continuation of the current situation in Abkhazia should be placed high on Agenda during the forthcoming CIS Summit. There should be principal response to the challenges posed by the separatist regime to Georgia and the international community.
The Parliament of Georgia call upon the UN, OSCE, leaders of the countries friends of the UN Secretary General on Georgia, to carry out all necessary steps within the internationally accepted norms, and warns the separatist regime and its supporters about the illegality of such actions and responsibilities for potential consequences.
March 6, 1998, Tbilisi
(Bulletin of the Parliament of Georgia, Tbilisi, 1997, # # 11-12, 14 March 1998, p. 2/in Georgian)
PROTOCOL OF THE THIRD SESSION OF THE COORDINATING COUNCIL OF THE GEORGIAN AND ABKHAZIAN SIDES
The third session of the Coordinating Council set up based on the final declaration of the meeting of the Georgian and Abkhazian sides (Geneva, 17-19 November 1997) was held in Sukhumi on 31 March 1998 under the auspices of the United Nations, chaired by the UN Secretary General’s Special Representative Mr. Liviu Bota.
The Georgian side was represented by the delegation comprising Mr. Vazha Lordkipanidze, Mr. Revaz Adamia, and Mr. Tamaz Khubua.
The Abkhazian side was represented by the delegation comprising Mr. Tamaz Ketsba, Mr. Sergey Tsargush, and Mr. Victor Khashba.
Opening the session, the UN Secretary General’s Special Representative Mr. Liviu Bota noted the encouraging trends in the work of the Coordination Council aimed at achieving concrete steps in the conflict settlement process. He also pointed out a number of negative developments and obstacles in the activities of the Coordination Council.
Representatives of the sides, the Russian Federation acting as a facilitating side, OSCE, and the UN Secretary General’s group of friends, made a statements.
Mr. Zurab Lakerbaia, secretary of the Joint Bilateral Coordination Commission, reported about the work of the commission.
The agenda of the session proposed by the UN Secretary General’s Special Representative included the following issues:
1. Reports on the activities of the working groups;
2. Discussion of recommendations on the activities of the working groups and other proposals and adoption of related decisions;
3. Discussion of obstacles in the activities of the working groups, and ways and means of overcoming them;
4. Exchange of views on the future work.
Coordinators of the activities of the working groups General Harun Ar-Rashid, Mr. Ekber Menemencioglu, and Mr. Marco Borsotti presented their reports on performed work in this capacity.
Ambassador Gennadiy Ilyichev, the representative of the Russian Federation as a facilitating side, presented proposals included in the annexed document.
The Council made the following decision:
1. Charge the 1st working group to speed up elaboration of the mechanism, in which representatives of the sides, UNOMIG and/or CIS CPKF could participate in order to investigate and prevent facts violating the Moscow Agreement on Cease-fire and Separation of Forces, as well as subversive and terrorist acts carried out in the conflict zone, including the mechanism of exchange of information;
2. Charge the 2nd working group to consider the problem of refugees and displaced persons, spontaneous returnees to Gali District, raised in the letter of Ambassador Gennadiy Ilyichev, the representative of the Russian Federation Foreign Affairs Ministry, and prepare necessary recommendations for the Coordination Council.
3. Charge the 3rd working group to consider the issue raised in the letter of Ambassador Gennadiy Ilyichev, the representative of the Russian Federation Foreign Affairs Ministry, on the intention of the International Fund of Support for Compatriots Abroad “Rossotech” to export from Russian Federation to Abkhazia some kinds of agricultural and industrial products in the framework of the humanitarian target aid.
4. To convoke in the second half of 1998 a special meeting of the sides with participation of the Russian Federation as a facilitating side, OSCE, and the UN Secretary General’s group of friends for elaboration of measures aimed at implementing the provisions of Paragraph 14 of the Geneva Final Statement on promoting creation of the atmosphere of mutual trust and understanding.
31 March 1998
(Abkhaz Issue in Official Documents, part II, p. 199-200)
PROTOCOL #9 OF THE SESSION OF JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT
March 31, 1999, Moscow
Chaired by:
Vladimer Kolmogorov – Deputy Minister of Russian Federation for Cooperation with CIS Member States, Head of the Russian part of the JCC.
Agenda:
1. Report of the Commander of the JPKF, A. Krasovski, on “Activities of the JPKF . On Cooperation of law enforcement organs of the parties in the zone of the Georgia-Ossetian conflict”.
Co-reports of heads of competent organs of the parties and the Mission of the OSCE in Georgia.
2. On rehabilitation of economy in the zone of the Georgian-Ossetian conflict.
Discussion over the agreement between the Governments of Russia and Georgia on mutual cooperation and rehabilitation of economy in he zone of the Georgian-Ossetian conflict and return of refugees.
3. On return of refugees.
Information of the parties on the work on realization of the Procedure of voluntary return of refugees and IDPs as a result of the Georgian-Ossetian conflict to the places of their previous permanent residence.
4. Miscellaneous.
Resolved:
1. Report of the Commander of the JPKF, A. Krasovski, “On Activities of the JPKF . On Cooperation of law enforcement organs of the parties in the zone of the Georgia-Ossetian conflict”.
(Krasovski, Jikaev, Lacombe, Sanakoev, Dzabiev, Grenovich, Machavariani, Tibilov, Nikolaishvili, Kolmogorov)
Resolved:
1.1. Approve Major General Anatoli Krasovski as the Commander of the JPKF in the zone of the Georgian-Ossetian conflict.
1.2. Approve the decision on activities of the JPKF. On cooperation of law-enforcement organs of the parties to the Georgian-Ossetia conflict (see Annex 1).
1.3. Continue consideration of the stated issue at the next session of the JCC.
2. On rehabilitation of economy in the zone of the Georgian-Ossetian conflict
(Marshev, Machavariani, Chigoev, Bagiaev, Tibilov, Gagloeva, Kusov, Kolmogorov)
Resolved:
2.1. Approve the decision of the JCC on rehabilitation of economy in the zone of the Georgian-Ossetian conflict (see Annex 2).
2.2. Approve the draft agreement between the Governments of Russia and Georgia on mutual cooperation and rehabilitation of economy in the zone of the Georgian-Ossetian conflict and return of refugees (attached). Ask the Governments of Russia and Georgia to carry out inter-state procedures with the purpose of its signing.
2.3. Start to develop the program on rehabilitation of economy in the zone of the Georgian-Ossetian conflict and the program on return, accommodation and integration-registration of refugees and IDPs.
3. On return of refugees
(Korotkov, Machavariani, Tibilov, Kachmazov, Chochiev, Silvestri, Menemensioglu, Lacombe, Andreev, Kolmogorov)
Resolved:
3.1. Consider the work on realization of the Procedure on voluntary return of refugees and IDPs as a result of the Georgian-Ossetian conflict to the places of their previous residence as satisfactory.
3.2. Approve the decision of the JCC on the process of realization of the Procedure on voluntary return of refugees and IDPs as a result of the Georgian-Ossetian conflict to the places of their previous residence (see Annex 3).
3.3. Continue reviewing this issue at the next meeting of the JCC.
4. Miscellaneous.
4.1. On the meting of the group of refugees from Georgia with president of Georgia E. Shevardnadze
(Chochiev, Machavariani, Tibilov, Andreev, Kolmogorov)
Resolved:
Approve the decision of the JCC (see Annex 4).
4.2 On introducing changes to the form of a questionnaire for return of refugees and IDPs
(Chochiev, Machavariani, Lacomb, Andreev, Korotkov, Kusov, Kolmogorov)
Resolved:
Approve the decision of the JCC on rejection of the proposal of South Ossetian party (see Annex 5).
4.3. On the venue, date and agenda of the next meeting.
(Machavariani, Tibilov, Kusov, Kolmogorov)
Resolved:
Approve the proposal of the Georgian party on holding the next meeting of the JCC in Georgia in June-July 1999.
Co-chairmen of the parties shall approve the agenda at the next session of the JCC along the way.
V. Kolmogorov, Chairman of the Session, Head of the Russian Part of the JCC
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)
Annex 2 To Protocol # 9 of the JCC Session dated March 31, 1999
DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On Rehabilitation of Economy in the Zone of the Georgian-Ossetian Conflict
The JCC on settlement of the Georgian-Ossetian conflict notes that the obligations on funding the works taken in accordance with the agreement between the Governments of Russia and Georgia on economic rehabilitation of regions in the zone of the Georgian-Ossetian conflict dated September 14, 1993 (in the amount of 34.2 billion Rubbles as of June 15, 1992), have not been fully executed. The Russian party allocated …. billion rubles, which is equivalent to …. billion US dollars. The Georgian side allocated …. billion lari, which is equivalent to …. billion US dollars.
The JCC resolved:
1. Apply to the Government of Russia and Georgia with the request to continue funding of the works on economic rehabilitation off regions in the zone of the Georgian-Ossetian conflict.
2. Approve the text of the draft Agreement between the Governments of Russia and Georgia on mutual cooperation in rehabilitation of economy in the zone of the Georgian-Ossetian conflict and return of refugees (attached).
3. Ask the Governments of Russia and Georgia to take necessary inter-state procedures for the purpose of signing the stated agreement prior to June 1, 1999.
4. The parties shall start developing the program defined under the draft Agreement between the Governments of Russia and Georgia on mutual cooperation in rehabilitation of economy in the zone of the Georgian-Ossetian conflict and return of refugees, and prior to July 1, 1999, propose the first concrete actions for realization.
5. Ask the Ministry of Finance of Russia and the Ministry of Finance of North Ossetia, together with the South-Ossetian Party, regulate the issue on repayment of target (purpose) interest-free budget loan in the amount of 12 million denominated Rubles for payment of electricity of “Yugosenergo” supplied within the period of January-September 1998.
6. Note that the Georgian and South Ossetian Parties are obligated to make current payments for the electricity supplied by “Yugosenergo”, and within the period of one month, prepare and present to Russian Electricity Company the plan of restructuring of arrears for the electricity supplied in 1998.
Ask the Russian Electricity Company to continue with the power supply.
1. Note that the Georgian side, within the period of one month, will present conclusion on the project kW Java-Tskhinvali to nominal voltage 110 kW.
2. Take into consideration the statement of the head of the Georgian part of the JCC, Mr. I. Machavariani on the fact that the Georgian side failed to allocate 1 million lari projected in 1998 state budget of Georgia for the construction and rehabilitation works in the zone of the Georgian-Ossetian conflict. For these purposes 250 thousand lari have been projected in 1999 state budget of Georgia.
2. Due to the anticipated elimination of the Russian commission on the issues of economic rehabilitation of regions of South Ossetia, ask the Ministry of Construction of Russia to render assistance in adjusting the volume of construction and erection works conducted in 1998.
On behalf of the Russian side
On behalf of the Georgian side
On behalf of the South Ossetian Side
On behalf of the North Ossetian side
In the presence of: the OSCE Mission
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)
STATEMENT OF THE PARLIAMENT OF GEORGIA
Today, when in the course of genocide and ethnic cleansing, initiated by the separatist regime of Sokhumi, more than 300 000 people were ousted from the Abkhazian territory, the so called government of the self-declared Abkhaz Republic is going to launch a large-scale privatization process of the state property.
Based on the information at our disposal, a Committee of State Property Management was created in Sokhumi, mainly targeted at privatization of the state property on the occupied territory, or selling out the state property, which had mostly been created by the hands of the present-day IDPs.
The Parliament of Georgia is categorically denouncing the provocative actions of the separatist regime, conforming one more time that in compliance with the Decrees of the Parliament, dated March 10, 1994 and April 17, 1996, all the legal acts, as well as all other acts subject to law, which are contradictory to Georgia’s legislation and are adopted by the structures subdued to the separatist grouping or being in alliance with them, will be annulated and declared illegal. The same rule will be applied to all the decisions or civil agreements, violating the public property rights on the territory of Georgia.
As it is widely known, the world community has recognized Georgian State as integral with its initial territory – Abkhazia, but as a result of the military conflict heated by the separatists, so far, Georgia’s factual jurisdiction is suspended on Abkhazian territory, which serves as a pre-condition to a number of illegal actions inflicted by them. The attempt of conducting privatization in Abkhazia is yet one more manifestation of downright impertinence of the regime.
The Parliament of Georgia considers the above mentioned action as voluntary and is calling all physical and juridical persons within the country, as well as outside it not to become a victim of one more provocation and adventurism of the Sokhumi separatist regime.
The Parliament of Georgia is stating that launching the privatization process in Abkhazia will only be available after the restoration of Georgia’s territorial integrity and return of the greater part of local population – now the IDPs – to their former dwelling places.
April 1, 1998, Tbilisi
(Abkhaz Issue in Official Documents, Legislative and Executive organs of Georgia, International
Organizations, 1989-1999, part II, 1995-1999; authors: Vakhtang Kholbaia, Teimuraz Chakhrakia,
Rafiel Gelantia, David Latsuzbaia, Tb., 2000, p. 201/in Georgan)
DECISION TAKEN BY THE COUNCIL OF THE HEADS OF STATES OF THE COMMONWEALTH OF INDEPENDENT STATES on Additional Measures for the Conflict Settlement in Abkhazia, Georgia
The Council of the Heads of States of the Commonwealth of Independent States,
Reaffirming its commitment to the sovereignty and territorial integrity of Georgia,
Welcoming resumption of direct bilateral negotiations between Georgian and Abkhaz Sides and active facilitation of the Russian Federation to this process, also the declaration of the Ukraine at 52nd Session of the UN General assembly on intensification of its role in the conflict settlement of Abkhazia, Georgia,
Noting the importance of Geneva meeting of Georgian and Abkhaz Sides in presence of the Russian Federation, as a facilitator, the OSCE and the states of the Group of Friends under the UN Secretary-General,
Being guided by the provisions set out in the Memorandum on Peacekeeping and Stability in the Commonwealth of Independent States (Almaty, 10 February 1995), in the Declaration of the Council of the Heads of States of the Commonwealth of Independent States (Minsk, 26 May 1995) on Elimination of the Treat of Separatism as Important Precondition to Stability and Conflicts’ Settlement in the Region,
Reaffirming all its previous Decisions on this issue, in particular of 19 January 1996, 28 March 1997 aimed at achievement of the comprehensive settlement of the conflict in Abkhazia, Georgia and stressing on their its implementation,
Deeply concerned at failure of the implementation of previous Decisions within the frame of the Commonwealth related to the organized return of refugees,
Noting with concern to the obstructive approach of the Abkhaz Sides, the issue on definition of the political status of Abkhazia, Georgia is still unsolved,
Deeply concerned about the holding election of so-called local self-governance in Abkhazia, Georgia that cannot be recognized legitimate against the background of undefined status of Abkhazia, unresolved problems of the return of refugees and displaced persons causing the tension towards the comprehensive settlement in the conflict zone,
Deeply concerned at increasing scope of subversive and terrorist activities, hostage taking of the peacekeeping force and UNOMIG personnel, other acts of violence in the conflict zone resulting in the victims of peaceful population, refugees and displaced persons,
Stressing the importance of urgent peace measures set out in the Decision taken by the Heads of States of the Commonwealth of Independent States of 28 March 1997 that would lay down the guarantees to the process of organized return of refugees and displaced persons,
decided:
1. To expand, with the consent of the Sides, the Mandate of the Collective Peacekeeping Force in the conflict zone terminating in 31 July 1998 or until one of the Sides demands on it.
2. To consider inadmissible further procrastination of the organized return of refugees and displaced persons and to accomplish their return to Gali Region (within old frontiers) before the end of 1998 on the basis of the mechanisms elaborated by the representatives of the Sides, Russian Federation and UNOMIG.
The measures for economic revival of the region and normalization of the border and customs regime shall be carried out only in connection with the organized return of refugees and displaced persons.
To call upon the Sides of the conflict to discuss and set up interim provisional administration in Gali region, which would work under the direct participation of mediators, the UNO and the OSCE in order to secure return of refugees and displaced persons and establishment of normal living conditions for them.
3. The Command of the Collective Peacekeeping Force, in cooperation with the Sides, shall secure implementation of the measures set out in the Decision taken by the Council of the heads of States of the Commonwealth of Independent States of 28 March 1997.
The Command of the Collective Peacekeeping Force shall elaborate the plan of re-dislocation of the units and other measures relating to the organized return of refugees and displaced persons, first of all to Gali region (within old frontiers) on the basis of mechanisms set up by the Sides of the conflict.
The Command of the Collective Peacekeeping Force within the competence of its mandate shall ensure the security and unimpeded operation of vital important objects in the conflict zone, as the Inguri Power Plant, bridges, water supply etc.
4. Expresses it deep concern at failure of implementation of the Decision taken by the Council of the heads of States of 28 March 1997 in regard of extension of the security zone.
To call upon the Abkhaz side to come back to the discussion of this issue for its positive resolution.
In case of obstruction to the return of refugees, worsening of security situation in region, the adequate measures shall be carried out to change the character and nature of the peace operations relevant to the UN Charter.
5. The Council of the Heads of States of the Commonwealth of Independent States calls upon the CIS member-states singed the decision on use of Collective Peacekeeping Force in the zone of Georgian-Abkhaz conflict and on the approval of the Mandate, to take more active participation in peacekeeping operations with the Russian Federation, which bears the most heavy burden of this operation at present.
6. To achieve the facilitation of the world community and international organizations in social-economic issues and humanitarian problems of the population resulting from the conflict.
7. To appeal the UNO with the request to include to the UNOMIG the group of observers from the CIS member-states.
8. The Executive Secretariat of the Commonwealth of independent States, with participation of the Military Coordinating Headquarters of the CIS member-states, shall report the Heads of States about the implementation of the Decisions taken by the Council of the Heads of States of the Commonwealth of independent States regarding the conflict settlement in Abkhazia, Georgia.
9. To inform the UN Security Council about this Decision taken by the Council of the CIS Heads of States.
This Decision shall come into effect the day it is signed.
(…)
Signed by the Heads of States of the Commonwealth of Independent States.
The Decision hasn’t been signed by the Republic of Belarus, Moldova, Turkmenistan, Tajikistan and Ukraine.
28 April 1998
(www.un.org/russian)
STATEMENT OF THE PARLIAMENT OF GEORGIA
The Parliament of Georgia expresses its deep concern with regard to a decision made by the Authorities of the self-styled South Ossetian Republic to hold parliamentary elections on May 12, 1999.
The Parliament of Georgia considers that decision as having no legal validity, since it contradicts the Constitution of Georgia, universally recognized principles and norms of international law, human rights and freedoms.
The Parliament of Georgia deems it absolutely unacceptable to hold the aforementioned elections until the internally displaced persons have not been allowed to return to their homes and the conflict is not comprehensively settled, since the legitimate interest of Georgian population of the Tskhinvali region are ignored, civil and political rights of majority of citizens are grossly violated. Moreover, Georgian population of residing on the territory of former Autonomous District of South Ossetia will not take part in these elections.
Holding the elections under these circumstances runs counter to the vital interests of Georgian and Ossetian people and seriously undermines efforts aimed at restoration of genuine brotherhood and friendship between our nations.
The Parliament of Georgia calls upon the Ossetian leadership do not undertake imprudent steps, which may result in dire consequences, and encourages it to prudently evaluate political and legal realities of Georgia, namely for the sake of securing peace and prosperity in the Tskhinvali region.
The Parliament of Georgia is convinced that the world community, which strongly supports the territorial integrity and sovereignty of Georgia, will not recognize results of illegal elections to be held in the Tskhinvali region and hopes that through the mediation of OSCE and the Council of Europe the peace process of conflict settlement in the Region will be expedited.
11 May, 1999, Tbilisi
(Archive of the Parliament of Georgia/in Georgian)
PROTOCOL OF THE FOURTH (SECOND SPECIAL) SESSION OF THE COORDINATING COUNCIL OF THE GEORGIAN AND ABKHAZIAN SIDES
The fourth (second special) session of the Coordinating Council set up based on the final declaration of the meeting of the Georgian and Abkhazian sides (Geneva, 17-19 November 1997) was held on the demand of the Abkhazian and Georgian sides in Tbilisi on 22 May 1998 under the auspices of the United Nations, chaired by the UN Secretary General’s Special Representative Mr. Liviu Bota.
The Georgian side was represented by the delegation comprising Mr. Vazha Lordkipanidze, Mr. Revaz Adamia, and Mr. Tamaz Khubua.
The Abkhazian side was represented by the delegation comprising Mr. Tamaz Ketsba, Mr. Victor Khashba and Mr. Otar Kakalia.
Opening the session, the UN Secretary General’s Special Representative Mr. Liviu Bota noted that in connection with the developments that have taken place in Gali District lately, the Abkhazian and Georgian sides had appealed to him with the request to convoke a special session of the Coordination Council. Taking into account that both sides refer to the same developments, both letters were included on the agenda on the first-received basis.
The following agenda were adopted:
1. Letter to the UN Secretary General’s Special Representative from the head of the Abkhazian delegation;
2. Letter to the UN Secretary General’s Special Representative from the head of the Georgian delegation;
3. Implementation of the decisions of the first special session of the Coordination Council as of 22 January 1998 on elaboration of a mechanism, in which representatives of the sides, UNOMIG and/or CIS CPKF could participate in order to investigate and prevent facts violating the Moscow Agreement on Cease-fire and Separation of Forces, subversive and terrorist acts carried out in the conflict zone.
The sequence of heads of the Abkhazian and Georgian delegations taking floor was based on the sequence their letters were received.
Representatives of the Russian Federation participated in the work of the session as a facilitating side, of the Organization for Security and Cooperation in Europe (OSCE) and the countries, of members of the UN Secretary General’s group of friends: France, Germany, the Russian Federation, the United Kingdom, and the United States, as observers.
The UN Secretary-General’s Special Representative and representatives of the Russian Federation participating in the work of the session as a facilitating side, of members of the UN Secretary General’s group of friends, and of the Organization for Security and Cooperation in Europe (OSCE) called on the sides to abstain from all actions able to aggravate the situation and take immediate effective measures aimed at improving it. They also urged the sides to do all they can to support the peace process and demonstrate necessary political will to achieve concrete results in the key issues of settlement.
The Council made the following decision:
1. To take measures aimed at stopping the armed opposition in Gali District. The Georgian side pressed for the purpose for immediate withdrawal from Gali District of the additional forces deployed there by the Abkhazian side. The Abkhazian side pressed the Georgian side for cessation of the subversive and terrorist activities in Gali District, withdrawal from there of the armed groups that penetrated into this district from outside Abkhazia;
2. The UN Secretary General’s Special Representative should hold as soon as possible consultations aimed at implementing decisions of the first special session of the Coordination Council on 22 January 1998 on creation of a mechanism, in which representatives of the sides, UNOMIG and/or CIS CPKF could participate in order to investigate and prevent facts violating the Moscow Agreement on Cease-fire and Separation of Forces, subversive and terrorist acts carried out in the conflict zone; submit a report on the results of these consultations at the forthcoming Geneva meeting and elaborate related recommendations.
3. The sides will abstain from making steps able to lead to aggravation of the situation in the conflict zone and take practical steps for the progress of the peace process and guaranteeing security in the conflict zone.
V. Lordkipanidze, T. Ketsba, L. Bota
22 May 1998
(Abkhaz Issue in Official Documents, part II, p. 206-208)
PROTOCOL on Cease-fire, Separation of Armed Formations and Guarantees on Inadmissibility of Forcible Activities
1. The Sides commit themselves to cease fire from 6 am of 26 May 1998.
2. From the moment the cease-fire regime comes into effect the Sides commit themselves to start separating of opposing military formations.
The Abkhaz Side commits itself, from 9 am till 01 pm of 26 May 1998, to withdraw from Gali region additional contingent detached there beyond limits of the militia personnel.
The Georgian Side commits itself to withdraw all armed formations from Gali region from 9am till 01pm of 26 May 1998.
3. In order to exercise control on the implementation of commitments pledged by the Sides, the special groups will be set up composing of representatives from the UNOMIG and Collective Peacekeeping Force starting their operation since the moment of cease-fire in compliance of the elaborated scheme that will establish conditions for return of the peaceful population of Gali region fled the region due to the military operations.
4. The Abkhaz Side commits itself to refrain from unlawful forcible acts against the peaceful population of Gali region.
The Georgian Side commits itself to take effective measures aimed at preventing from penetration of terrorist and subversive groups, armed formations and individuals to the territory of Abkhazia.
With this regard and pursuant to the Decisions of the Coordinating Council, the Sides shall establish necessary mechanisms with participation of the Sides, UNOMIG and CPKF of the CIS.
For the Abkhaz Side S. Shamba, A. Kchach
For the Georgian Side I. Menagarishvili, K. Targamadze
From the CPKF the Commander of the CPKF of the CIS S. Korobko
From the UN: Special Representative of the UN Secretary-General L. Bota
Gagra, 25 May 1998
(Collection of Documents Relating to the Issue of Conflict Settlement in Abkhazia, Georgia adopted in 1992-1999, p. 107)
STATEMENT OF THE PARLIAMENT OF GEORGIA
The recent tragedy in Gali District one again demonstrated that the Abkhaz separatists still resort the genocide and ethnic cleansing on the territory occupied by them. This policy, i.e. the crime against mankind, is aimed at forcible changing of historically established demographic reality, expelling of Georgians from the centuries-old integral part of Georgia – Abkhazia, involving of Georgians in a wide-scale war, destructing of Georgia’s statehood and provoking of chaos and anarchy.
It’s widely known and confirmed by the International Organizations, that since 1994 cease-fire and detaching the CIS peace-keeping forces in Abkhazia, the Abkhaz separatists resorted the series of punitive measures in Gali District against the local Georgian population. More than 1500 people have become the victims of atrocities, more than 1000 houses have been given to arson. The population had to create the armed groups in order to protect their dignity, life and property from the gangs of separatists. The group of combatants established in Gali District was the respond to the permanent aggression of separatists.
Since May 20 of the current year about 400 armed separatists have been attacking the Gali District for another punitive purposes but they found strong resistance of defensive groups. The peaceful population, exasperated with established situation, stand against another attempt of ethnic cleansing and had to protect themselves with guns. The local residents were backed by guerrilla groups, composed of people driven out from different parts of Abkhazia.
The armed clash resulted in casualties from both sides. Embittered by the resistance, the separatists detached to Gali District additional armed group composed of 1000 people, as well as heavy weapon and artillery.
The Russian Peace-keeping forces, present in the region under the auspices of the CIS, did nothing to put an end to the military confrontation, moreover, in some cases they were helping separatists to conduct punitive operation against peaceful dwellers.
The conduct of peace-keepers during the 20-26 May events in Gali District, was a gross violation of bilateral and multilateral agreements, total ignorance of Decisions by the Council of CIS Heads of States and of the UN Security Council.
The Parliament of Georgia declares, that together with separatist leaders, also the CIS Peacekeeping Forces, which facilitated massacre of peaceful residents and annihilation of villages, shall be responsible for the tragedy in Gali District. The Parliament of Georgia pins its hopes on the International organizations that they will give appropriate assessment to this fact, as violation of peacekeeping mission is the subject of worldwide concern.
The parliament of Georgia calls for the UN, OSCE and the States – friends of Georgia, to raise at the nearest session of the UN Security Council the issues on replacing the CIS peacekeeping forces in Georgia with the International Forces.
The Parliament of Georgia puts a special emphasis on selflessness of detachment, composed of dwellers of Gali District and other parts of Abkhazia, whose heroic effort made possible survive thousands of people. The resistance of combatants of defensive detachments prevented from large-scale victims and destructions.
The Parliament of Georgia expresses to the families its deepest sympathy at the tragic loss and reveres the memory of fallen peaceful citizens.
The Parliament of Georgia calls for all International Organizations to assist the population, expelled from Gali District – women, children and elders, who once again lost their dwellings.
Georgia, as we repeatedly confirmed, still finds the peaceful way, as the only way for conflict settlement and calls for all the sides, involved in the negotiations, to intensify the effort in the peace process.
27 May, 1998, Tbilisi
(Bulletin of the Parliament of Georgia, Tbilisi, 1997, # # 23-24, 30 June 1998, p. 4/in Georgian)
STATEMENT on Results of Meeting Between E. Shevardnadze and L. Chibirov
A meeting between E. Shevardnadze and L. Chibirov was held in Borjomi on 20 June 1998. The First Deputy Foreign Affairs Minister of Russia B. Pastukhov represented the Russian Federation at the meeting. President of the republic A. Dzasokhov represented the Republic of North Ossetia-Alania within the Russian Federation. The OSCE Ambassador in Georgia M. Liebal and the Head of the UNHCR Mission in Georgia E. Menemencioglu also participated in the meeting.
Discussing a wide range of problems, the participants of the meeting noted with satisfaction the positive dynamics of the peaceful settlement process of the Georgian-Ossetian conflict. The positive changes achieved after the Memorandum on Measures to Ensure Security and Strengthening Mutual Trust between the Sides in the Georgian-Ossetian Conflict signed in Moscow were strengthened by the results of the meetings between E. Shevardnadze and L. Chibirov in Vladikavkaz on 27 August 1996 and Java on 14 November 1997, as well as the first meeting of the delegations of the Georgian and Ossetian sides with special powers in comprehensive settlement of the Georgian-Ossetian conflict, and continuing work of the Mixed Controlling Commission and the Committee for Voluntary Return of Refugees and Forcibly Displaced Persons to the Places of their Previous Permanent Residence established with the commission.
The sides noted the positive role of the Russian Federation in the conflict settlement and restoration of the economy destroyed by the war, participation in this process of the Republic of North Ossetia-Alania, OSCE, as well as the UNHCR and other international organizations.
Confirming their adherence to the recognized norms of the international law, guided by the principle of territorial integrity of countries and the right of peoples to self-determination, the Georgian and South Ossetian sides confirmed again that the present and future of the Georgian and Ossetian peoples are inseparably linked with maintenance and strengthening of peace, and the relations based on trust and mutual understanding. Difficult as the unresolved problems may be, they should be resolved through peaceful measures, by way of a political dialogue and the use of people’s diplomacy mechanisms.
The participants of the meeting noted that in the context of comprehensive settlement of the conflict and further development of the achieved results, the economic rehabilitation and development of the areas that suffered during the Georgian-Ossetian conflict, including implementation of the rehabilitation and restoration programs elaborated together with international organizations, some of which are already being actively implemented, are acquiring special importance. The sides also noted significant objective preconditions for the fulfillment of the tasks.
The participants of the meeting expressed their intention to appeal again to international donors (international organizations, individual countries) with the request to render financial aid for restoration and development purposes in order to promote the process of voluntary return of refugees and forcibly displaced persons.
The participants of the meeting assessed in a positive way international organizations’ efforts aimed at rehabilitation of the areas subject to the conflict, namely the work performed by the UN Development Program in the field of restoration of a number of medical, energy, and communication facilities, transport communications, and habitation. A new bridge over the river Patsa on the Gufta-Kvaisa highway was placed in operation, the refurbishment of the Tskhinvali automatic telephone station was carried out. Telephone communications between the settlements of the region, as well as international telephone communications are functioning.
The participants of the meeting noted with satisfaction the initiative of the European Union that declared about allocation of ECU 3,5 million for the program of rehabilitation and social and economic development of the conflict zone.
The sides noted with satisfaction the changes in the fields of establishment of economic links. For example, the joint-stock company Kazbegi and the Tskhinvali beer and juices plant established a joint enterprise producing beer. The MAGTI Company and the South Ossetian Industrial Society of Communications reached the agreement on cooperation in the field of development of the mobile telephone communications. The initiative on cooperation between the firm Mtebi and the Tskhinvali factory of “Emalprovod” has been advanced.
Based on the 26 September 1997 decision of the Mixed Controlling Commission for the settlement of the Georgian-Ossetian conflict, and the 8-9 December 1997 agreement on continued funding of restoration work achieved during the meeting of the Georgian-Russian commission on issues of economic cooperation, it was considered necessary to elaborate as soon as possible a new agreement on economic restoration and development of the areas subject to the Georgian-Ossetian conflict between the governments of the Russian Federation and Georgia, with participation of the South Ossetian and North Ossetian sides. The participants of the meeting stressed the importance of speedy achievement of this agreement.
For the purposes of giving a new impetus to restoration of the economy on the South Ossetian territory and drawing in investments, the sides agreed to start elaboration of the issues related to development of trade and economic links, creation of joint enterprises by industrial entities of the sides participating in the conflict settlement, formation of conditions for implementation of optimal forms of intensive economic development.
The participants of the meeting agreed to continue consultations on the economic block of problems in order to achieve further positive changes in the field.
A related exchange of views on improvement of mechanisms of encouragement of voluntary and organized return of refugees and forcibly displaced persons to the places of their previous permanent residence, elaboration of an effective system of protection of their lawful rights and interests, as well as resolution of legal, social, and economic problems related to them, took place during the meeting. The participants of the meeting noted that several hundreds of families have returned by now.
Taking into account the importance of the documents proving people’s identity and for the purpose of implementation of the inalienable human rights, the sides agreed to charge their related bodies to consider the possibility of a mutually acceptable resolution of this problem for the sides participating in the process of negotiations.
Pointing out again the importance of definition of the basis of the national and legal aspects of relations between them, the sides agreed to hold consultations on the issue in the framework of the meetings of working groups.
The meeting was constructive. It was held in the atmosphere of mutual respect.
On behalf of the Georgian side E. Shevardnadze
On behalf of the Ossetian side L. Chibirov
20 June 1998
(Newspaper “Svobodnaya Gruzia”, # 158, 23 June 1998)
DECREE ISSUED BY THE STATE DUMA OF THE FEDERAL ASSEMBLY OF THE RUSSIAN FEDERATION on Normalization of Border and Customs Regimes along the Abkhaz Portion of the Border of the Russian Federation
In the course of the conflict in Chechnya that has developed since 19 December 1994 and due to the threat, which came from the territory of the Republic of Azerbaijan and Georgia (including the territory of Abkhazia), the Government of the Russian Federation issued the Decree #1394 “on the Measures of Temporary Restriction of the border crossing of the Russian Federation with the Republic of Azerbaijan and the Republic of Georgia”. Paragraph 8 of this Decree notes that introduction of aforementioned measures was based on the situation and had a temporary effect.
In conformity of aforementioned decree border crossing was temporary suspended at the Russian states border for individuals, vehicles, cargoes and goods moving from the Republic of Azerbaijan and Georgia, including Abkhazia.
The situation has drastically changed now. The obstacles that impeded normal operation of border and customs regime at the border with Abkhazia have been removed, mostly along the River Psou and Black Sea shore. Despite this fact, the Government of the Russian Federation and the Ministry of foreign Affairs of the Russian Federation show no initiative to restore economic and cultural cooperation between the Russian Federation and Abkhazia.
Introduction of temporary restriction at the border of Russian Federation with Abkhazia has already affected and still affects to the economy of Abkhazia. The civil population is suffering the most, among them there are ethnic minorities and those, whose native language is Russian, including the citizens of the Russian Federation. Their number exceeds 70 000. These are the dwellers of towns and villages that have nothing to do with agriculture. The population of Abkhazia, whose native language is Russian, needs substantive support from the Russian Federation.
Introduction of such measures against Abkhazia deteriorates the economy of Abkhazia and concurrently affects the Russian Federation too, which is loosing a friendly neighbour and is affected by unjustified loss. The economic relation between the Russian Federation and Abkhazia historically established over last decades is badly damaged.
The State Duma of the Federal Assembly of the Russian Federation considers necessary to normalize the border and customs regimes along the Abkhaz portion of the border of Russian Federation. The Russian Federation has to introduce the same border and customs procedures along the border with Abkhazia as it is in practice with other republics, the member-states of the CIS.
Proceeding from the aforementioned, the State Duma of the Federal Assembly of the Russian federation decrees:
1. To submit the proposal to the President of the Russian Federation and the Council of the heads of States of he Commonwealth of Independent States on abolishment of restrictions regarding Abkhazia established under the Decisions taken by the Council.
2. To recommend the Government of the Russian Federation to declare null and void the Decree issued by the Government of the Russian Federation of 19 December 1994 #1394 “on Measures for temporary Restriction of Border Crossing of the Russian Federation with the Republic of Azerbaijan and the Republic of Georgia” due to changes of the situation.
3. To advise the subject of the Russian Federation to intensify the process of concluding the agreements on economic and cultural cooperation with Abkhazia.
5. This Decree shall come into effect the day it is adopted.
Chairman of the State Duma of the Federal Assembly of the RF G. Seleznyov
24 June 1998
(Bulletin of the Federal Assembly of the RF, M., 1998, # 20, p. 65-67)
STATEMENT OF THE PARLIAMENT OF GEORGIA ON RESOLUTION “The necessity of Normalization with regard to Border and Customs regimes on the Abkhaz Segment of State Border”, adopted by the Russian State Duma on 24 June 1998
The Parliament of Georgia considers this resolution as an unacceptable act taken by the Russian State Duma and direct interference into internal affairs of Georgia.
The resolution has been adopted at the time when extremely tense negotiations between Sukhumi and Tbilisi are taking place on the subject of peaceful settlement of conflict in Abkhazia, in which high-rank Russian diplomats are playing an active role. Deputies of the State Duma can not fail to understand that any unilateral action makes the negotiation process more difficult and questions the viability and authority of Russia, as an unbiased mediator of the negotiation process.
The Parliament of Georgia considers the aforementioned resolution of the Russian State Duma as the continuation of ugly tradition practiced by the State Duma of previous convention and the former Supreme Council of the Russian Federation. That practice had been repeatedly manifested through adoption of non-friendly, sometimes manifestly hostile decisions, which contributed to the violation of territorial integrity of Georgia, ethnic cleansing and genocide of Georgian population in Abkhazia.
It is crystal clear that the aforementioned resolution aims to further deteriorate the already extremely tense situation established after the so-called May events in Abkhazia and the whole Georgia, to give new impetus to the existing conflict, further strengthen the syndrome of mutual suspicion and distrust, which, unfortunately, after these events had become so vivid in Georgia-Russian relations.
In fact, by adopting that resolution, the Russian State Duma supports separatism, justifies the crimes against humanity perpetrated by the Abkhaz separatist in the late May and makes doubtful Russia’s commitment to the international law and fundamental principles of the United Nations and Organization for Security and Cooperation in Europe.
Through its resolution, the Russian State Duma demands from the Russian President to unilaterally change, without Georgia’s consent, the border and custom regimes on the Abkhaz segment of Georgia-Russia state border. At the same time, that resolution belittles the authority of the Commonwealth of Independent States and blocks the process of development of mutually beneficial integration within the Commonwealth. Against this background, frequent statements voiced in the State Duma in favor of integration, are useless and false, since healthy integration process could be only developed on the principle of mutual respect for each other’s interests.
Unacceptable and unilateral acts, rude interference into internal affairs of sovereign state would completely destroy the foundation for Georgian-Russian relations and force Georgia to take adequate measures.
26 June 1998, Tbilisi
(Abkhaz Issue in Official Documents, Legislative and Executive organs of Georgia, International Organizations, 1989-1999, part II, 1995-1999; authors: Vakhtang Kholbaia, Teimuraz Chakhrakia, Rafiel Gelantia, David Latsuzbaia, Tb., 2000, p. 224-225/in Georgan)
RESOLUTION OF THE EUROPEAN PARLIAMENT on the situation in Georgia
The European Parliament,
– having regard to its previous resolutions on the situation in Georgia,
– having regard to the statement by the UN Security Council of 28 May 1998,
– having regard to the statement by the Presidency of the European Union of 2 June 1998,
A. noting with deep concern that severe fighting has broken out in the Gali region of Abkhazia,
Georgia, which has resulted in substantial loss of life, particularly among the civilian population, and has forced large numbers of Georgian refugees from their homes,
B. whereas the deteriorating security situation in the Gali region seriously threatens UN-led efforts
to achieve an overall resolution of the conflict and also poses a danger to the security of the Caucasus region,
C. expressing its concern about the recent slowing of the peace process, which should be aimed at finding a peaceful and negotiated solution for the conflict in the region with full respect for Georgia’s sovereignty and territorial integrity,
D. expressing in this context its concern about the security of international aid workers, personnel of the United Nations Mission in Georgia and of the collective peacekeeping forces of the Commonwealth of Independent States,
E. noting that during this year several attempts have been made to destabilise the process of
democratic and political development in Georgia, the most serious of these being the assassination attempt against President Shevardnadze,
F. expressing its full support for an undisturbed process of political and economic development in
Georgia as expressed through the partnership and cooperation agreement between the European Union and Georgia,
G. whereas Georgia has achieved substantial progress in consolidating democracy, the rule of law
and respect for fundamental rights,
1. Strongly condemns the recent violent actions against the Georgian population in the Gali region
of Abkhazia, Georgia;
2. Calls for strict adherence to the Moscow Agreement of 14 May 1994 on a ceasefire and
separation of forces and the ceasefire protocol signed on 25 May 1998, as well as the obligation to refrain from the use of force and to resolve disputed issues by peaceful means only;
3. Calls upon all parties to display the necessary political will to achieve substantial results on the key issues of the negotiations within the framework of the UN-led peace process and through direct dialogue, with full respect for the sovereignty and territorial integrity of Georgia;
4. Calls on all parties to fulfil their obligations in respect of the return of refugees and displaced persons
5. to their homes in secure conditions;
6. Calls on the Russian Federation to contribute to the implementation of the UN-led peace process;
7. Calls on the Commission and the Council to give the necessary aid to support the refugees in this region;
8. Stresses the importance of the Council of Europe’s Confidence-Building Measures Programme as an important instrument for the reconciliation process between the Georgian and the Abkhazian communities and calls on the Commission and the Council to support this initiative;
9. Calls on the Member States of the European Union to finance, as an instrument for re-establishing inter-ethnic dialogue, the bilingual “Ertoba Radio Company” which was opened by the Council of Europe for voluntary contribution from its member states;
10. Instructs its President to forward this resolution to the Commission, the Council, the Government and Parliament of Georgia and the Russian Federation.
17 July 1998
(www.europa.eu.int)
CONCLUDING STATEMENT ON THE RESULTS OF THE SECOND MEETING OF THE GEORGIAN AND ABKHAZ SIDES HELD IN GENEVA FROM 23 TO 25 JULY 1998
1. From 23 to 25 July 1998 the second meeting of the Georgian and Abkhaz sides took place in Geneva under the auspices of the United Nations, with the participation of representatives of the Russian Federation, in its capacity as facilitator, the Organization for Security and Cooperation in Europe (OSCE), and the States belonging to the group of Friends of the Secretary-General, namely France, Germany, the Russian Federation, the United Kingdom and the United States of America, as observers. Representatives of the United Nations Development Programme (UNDP), the Office of the United Nations High Commissioner for Refugees (UNHCR), and the Office for the Coordination of Humanitarian Affairs (OCHA), also participated in the parts of the discussion relating to their work.
2. During the meeting an exchange of views took place on the following agenda items:
– Review of the state of the negotiations on the main aspects of a comprehensive settlement of the conflict and identification of areas where concrete political progress could be made;
– Elaboration of effective mechanisms for preserving the ceasefire regime and concrete guarantees of the non-resumption of hostilities;
– Problems of the return of refugees and displaced persons;
– Efforts in the economic, humanitarian and social areas.
3. The participants at the meeting renewed their support for the proposals of the Secretary-General of the United Nations to strengthen the involvement of the United Nations in the peacekeeping process aimed at achieving a comprehensive political settlement. They recognize that the process begun on the initiative of the Secretary-General is continuing and should be stepped up.
4. The parties welcomed the beginning of the implementation of the programme of action and the work of the machinery on which agreement had been reached at the previous meeting in Geneva, including the establishment of the Coordination Council and the three working groups within its framework. At its meeting on 18 December 1997, the Coordination Council adopted the statute for its operation.
At the same time it was noted that the machinery established in Geneva has not yet been fully activated. Several key provisions of the concluding statement adopted in Geneva and of decisions of the Coordination Council have still not been implemented. The parties indicated the need for the full implementation of prior decisions.
5. The Special Representative of the Secretary-General of the United Nations for Georgia, the representatives of the Russian Federation, as facilitator, OSCE, and the member States of the group of Friends of the Secretary-General expressed concern that despite energetic efforts to intensify the peace process, the parties are still far from agreement on key aspects of a settlement. They stressed that the major responsibility for resolution of the problems between the parties lies with the parties to the conflict themselves. They called upon the parties to the conflict to refrain from any action which might undermine the efforts which are being undertaken, to do everything possible to support the peace process, and to demonstrate the necessary political will so that concrete results can be achieved on fundamental issues.
6. The participants stressed the importance of bilateral contacts and direct dialogue between the parties at various levels and in various spheres, including the work of the Bilateral Joint Coordination Commission on Practical Issues, which are an integral part of the peace process and must be supported. The Special Representative of the Secretary-General for Georgia, the Russian Federation, OSCE and the group of Friends of the Secretary-General reaffirmed that they will continue to render all possible assistance to the parties in achieving mutually acceptable agreements.
7. The parties reaffirmed their adherence to the Tbilisi Declaration of 14 August 1997, in particular:
– the determination to put an end to the conflict which has divided them and to restore peaceful relations and mutual respect;
– the conviction that the time has come to embark on a policy of peace and well-being and to act jointly with dignity and mutual tolerance in a spirit of compromise and reconciliation;
– the commitment not to resort to the use of force to resolve the problems dividing them and not under any circumstances to permit a renewal of bloodshed. Any differences will be resolved exclusively by peaceful and political means, through negotiations and consultations.
8. The participants at the meeting are seriously concerned about the situation with regard to security in the conflict zone, which has recently sharply deteriorated. The parties gave their assessments of the events which have taken place in the security zone, and exchanged views on ways of resolving the existing situation. Consultations on these issues will be continued. (The
positions of the sides are annexed.)
9. The parties stressed the need for the immediate implementation of the decision taken by the Coordination Council to elaborate a mechanism in which the representatives of the sides, the United Nations Observer Mission in Georgia (UNOMIG) and/or the Collective Peacekeeping Forces of the Commonwealth of Independent States (“the CIS peacekeeping force”) might participate for the investigation and prevention of violations of the Moscow Agreement on a Ceasefire and Separation of Forces of 14 May 1994 and of subversive terrorist acts carried out in the conflict zone.
10. The parties again reaffirmed their agreement to refrain from hostile propaganda towards each other and to take measures to promote the establishment of an atmosphere of mutual trust and understanding. The participants at the meeting gratefully acknowledged the invitation of the Government of Greece to hold a special meeting of the parties this year in Athens to elaborate measures to strengthen mutual trust and understanding as envisaged in the Protocol of the third session of the Coordination Council.
11. The parties again reaffirmed their previous commitment regarding the right of refugees and displaced persons to voluntary return to the places of their former permanent residence.
They held a comprehensive discussion of the practical issues linked to the return of the refugees and decided to continue work on these questions. (The position of the sides are annexed.)
12. The parties reaffirmed their commitment to ensuring the freedom of movement and security of humanitarian aid workers so that they can gain access to those in need and provide assistance to them.
13. The participants at the meeting noted the importance of coordination of the activities of UNOMIG and the CIS peacekeeping force for the stabilization of the situation in the conflict zone and for the prevention of armed conflicts.
Anex. Positions of the sides on paragraph 8
The position of the Georgian side
The Georgian side condemns the hostilities and acts of violence which took place in the Gali district in May 1998, as a result of which, as is noted in the report of the United Nations Secretary-General (S/1998/647), approximately 40,000 people from the Gali district had to seek refuge for the second time on the other side of the Inguri River, and the international community had to witness how its assistance and efforts went up in flames, when houses that had been constructed at a cost of more than $2 million out of UNHCR funds were deliberately set on fire in order to expel people from their home areas. The Georgian side believes that these actions are a manifestation of a new wave of ethnic cleansing directed at the Georgian population of Abkhazia. It notes with regret that the situation in the Gali district today still remains unstable and tense.
The position of the Abkhaz side
As a result of the armed conflict provoked by the Georgian side in May 1998 in the Gali district of Abkhazia, and also of the continuing illegal actions of the “White Legion” and “Forest Brothers” terrorist and subversive groups, and of the continued laying of mines and other acts of violence, causing casualties first and foremost among the Abkhaz militia and the peacekeeping force, and also among local inhabitants, refugees and displaced persons, UNOMIG personnel and other international personnel working in Abkhazia, the situation in the region has deteriorated and is a cause for serious concern.
Positions of the sides on paragraph 11
The position of the Georgian side
The Georgian side believes that certain conditions are necessary for the implementation of the process of the speedy return of the refugees and displaced persons. To this end it proposed the establishment of a working group with the participation of representatives of the sides, the United Nations, the Russian Federation, and the member States of the group of Friends of the Secretary-General to formulate and implement a plan for the voluntary and safe return, with dignity, of the refugees and displaced persons, first and foremost to the Gali district (within the old borders). At the same time, measures for international guarantees of the continuity of the process of the return of refugees and displaced persons and for ensuring their safety in the places of their return should be formulated and implemented.
In immediate and direct linkage with the process of the stable and organized return of the refugees and displaced persons, first and foremost to the Gali district (within the old borders), measures for the economic rehabilitation of the region and the normalization of the border and customs regimes should be implemented.
At the same time, measures should be undertaken to invite international organizations and donor countries to allocate resources for the process of the return of the refugees and displaced persons and for the restoration of the economy of Abkhazia, as recommended by the United Nations Needs Assessment Mission.
The Georgian side stressed that the real return of refugees and displaced persons is possible only on condition of the precise determination of the territory and time-frame for their return, concrete measures guaranteeing the security of the returnees and the continuity of this process, and also mechanisms for its implementation.
The refusal of the Abkhaz side to accept those necessary conditions points to the purely declarative nature of its statements concerning agreement to the return of the refugees and displaced persons.
The position of the Abkhaz side
When the process of the organized return of the refugees to the Gali district begins, measures shall be taken to lift the restrictions established by the decree of the Government of the Russian Federation of 19 December 1994 and by the decision of the Heads of State of CIS of 19 January 1996. In this connection, the Abkhaz side believes that there is a need for the speedy signing of the draft agreement on peace and guarantees for the prevention of armed confrontation and protocol on the return of refugees to the Gali district and measures for economic rehabilitation prepared during the June Georgian-Abkhaz consultations.
(www.un.org/docs)
RESOLUTION 1187 (30 JULY 1998) adopted by the UN Security council
The Security Council,
Reaffirming all its relevant resolutions, in particular resolution 1150 (1998) of 30 January 1998,
recalling the statement of its President of 28 May 1998 (S/PRST/1998/16) and recalling also the letter of its President to the Secretary-General of 10 July 1998 (S/1998/633),
Having considered the report of the Secretary-General of 14 July 1998 (S/1998/647 and Add.1),
Deeply concerned at the continuing tense and confrontational situation in the Zugdidi and Gali regions and at the risk of resumed fighting,
Deeply concerned also at the unwillingness on the part of both sides to renounce violence and seriously consider peaceful options for the resolution of the conflict,
Supporting the vigorous efforts made by the Secretary-General and his Special Representative with the assistance of the Russian Federation in its capacity as facilitator as well as of the group of Friends of the Secretary-General and of the Organization for Security and Cooperation in Europe (OSCE) to prevent the resumption of hostilities and to give a new impetus to the negotiations within the United Nations-led peace process, and welcoming in this context the adoption by the parties of a Concluding Statement of the meeting held in Geneva on 23-25 July 1998 and the accompanying statement of the group of Friends of the Secretary-General (S/1998/647/Add.1),
Reaffirming the necessity for the parties strictly to respect human rights, expressing its support for the efforts of the Secretary-General to find ways to improve their observance as an integral part of the work towards a comprehensive political settlement, and noting developments in the work of the United Nations Human Rights Office in Abkhazia, Georgia,
Welcoming the role of the United Nations Observer Mission in Georgia (UNOMIG) and of the Collective Peacekeeping Forces of the Commonwealth of Independent States (CIS peacekeeping force) as stabilizing factors in the zone of conflict, noting that the cooperation between UNOMIG and the CIS peacekeeping force is good, and stressing the importance of continued close cooperation and coordination between them in the performance of their respective mandates,
1. Welcomes the report of the Secretary-General of 14 July 1998;
2. Reiterates its grave concern at the resumption of hostilities which took place in May 1998 and
calls upon the parties to observe strictly the Moscow Agreement of 14 May 1994 on a Ceasefire and Separation of Forces (S/1994/583, annex I) (the Moscow Agreement) and also the ceasefire protocol signed on 25 May 1998, as well as all their obligations to refrain from the use of force and to resolve disputed issues by peaceful means only;
3. Expresses its deep concern at the significant outflow of refugees resulting from the recent hostilities, reaffirms the right of all refugees and displaced persons to return to their homes in secure conditions in accordance with international law and as set out in the Quadripartite Agreement of 4 April 1994 on the voluntary return of refugees and displaced persons (S/1994/397, annex II), calls upon both sides to fulfil their obligations in this regard, and
demands in particular that the Abkhaz side allow the unconditional and immediate return of all persons displaced since the resumption of hostilities in May 1998;
4. Condemns the deliberate destruction of houses by Abkhaz forces, with the apparent motive of expelling people from their home areas;
5. Recalls the conclusions of the Lisbon summit of the OSCE (S/1997/57, annex) regarding the situation in Abkhazia, Georgia, and reaffirms the unacceptability of the demographic changes resulting from the conflict;
6. Expresses its deep concern at the extremely difficult humanitarian situation of the displaced persons from the Gali region as well as of those who remained in that area, and at the serious negative impact recent developments have had on international humanitarian efforts in the Gali region;
7. Reiterates that the primary responsibility for achieving peace rests upon the parties themselves and reminds them that the continued commitment of the international community to assist them depends on their progress in this regard;
8. Calls upon the parties to display without delay the necessary political will to achieve substantial results on the key issues of the negotiations, with full respect for the sovereignty and territorial integrity of Georgia, within the framework of the United Nations-led peace process and through direct dialogue, and to cooperate fully with the efforts made by the Secretary-General and his Special Representative, with the assistance of the Russian Federation as facilitator, as well as of the group of Friends of the Secretary-General and of the OSCE;
9. Welcomes the meeting of the parties held in Geneva on 23-25 July 1998 and calls upon them to continue and increase their active engagement in this process initiated by the Secretary-General aimed at achieving a comprehensive political settlement;
10. Reminds the parties of their commitments to take all measures in their power and to coordinate their efforts to ensure the security and safety of international personnel and calls upon them to implement fully and without delay those commitments, including the creation of a joint mechanism for investigation and prevention of acts that represent violations of the Moscow Agreement and terrorist acts in the zone of conflict;
11. Condemns the acts of violence against the personnel of UNOMIG, the renewed laying of mines in the Gali region and also the attacks by armed groups, operating in the Gali region from the Georgian side of the Inguri River, against the CIS peacekeeping force and demands that the parties, in particular the Georgian authorities, take determined measures to put a stop to such acts which subvert the peace process;
12. Reiterates its deep concern regarding the security of UNOMIG, welcomes the measures already taken to improve security conditions to minimize the danger to UNOMIG personnel and to create conditions for the implementation of its mandated tasks, underlines the need to continue to make further arrangements in this field, welcomes also the Secretary-General’s instruction that the security of UNOMIG be kept under constant review and calls upon the two parties to facilitate the implementation of practical measures resulting from that review;
13. Expresses its concern at the mass media campaign launched in Abkhazia, Georgia, and the acts of harassment against UNOMIG, and calls upon the Abkhaz side to cease those acts;
14. Decides to extend the mandate of UNOMIG for a new period terminating on 31 January 1999 subject to a review by the Council of the mandate of UNOMIG in the event of any changes that may be made in the mandate or in the presence of the CIS peacekeeping force;
15. Requests the Secretary-General to continue to keep the Council regularly informed, to report three months after the date of the adoption of this resolution on the situation in Abkhazia, Georgia, including on the operations of UNOMIG, and expresses its intention to conduct a review of the Mission in the light of the report of the Secretary-General, taking into account in particular the progress made by the two parties in creating secure conditions in which UNOMIG can fulfil its existing mandate and establishing a political settlement;
16. Decides to remain actively seized of the matter.
(www.un.org/docs)
PROTOCOL OF THE FIFTH SESSION OF THE COORDINATING COUNCIL OF THE GEORGIAN AND ABKHAZIAN SIDES
The Fifth Session of the Coordinating Council set up based on the final declaration of the meeting of the Georgian and Abkhazian sides (Geneva, 17-19 November 1997) was held in Sukhumi on 2 September 1998 under the auspices of the United Nations, chaired by the UN Secretary General’s Special Representative Mr. Liviu Bota.
The agenda of the meeting comprised the following items:
1. Problems relating to sustained non-resumption of combat operations and security problems;
2. Refugees and persons displaced within the country;
3. Economic and social problems.
The Georgian side was represented by the delegation headed by Mr. Vazha Lordkipanidze.
The Abkhazian side was represented by the delegation headed by Mr. Sergey Bagapsh.
The opening the session, the UN Secretary General’s Special Representative Mr. Liviu Bota proposed to concentrate the attention of the participants on three issues:
1. Full implementation of the Gagra Protocol;
2. Elaboration of mechanisms for prevention and investigation of violations of the Moscow Agreement on Cease-fire and Separation of Forces;
3. The sides’ attitude toward the protests of UNOMIG and CIS CPKF.
Representatives of the sides, the Russian Federation acting as a facilitating side, OSCE, and the UN Secretary General’s group of friends, made statements.
The commander of the CIS CPKF General Sergey Korobko and the chief UN military observer of the UNOMIG General Harun Ar-Rashid reported on the current situation in the conflict zone.
The Council made the following decisions:
1. Based on the necessity of stopping the dangerous escalation of tension threatening with renewed armed clashes, the sides shall:
a) Take effective measures aimed at stopping the continuing exchanges of fire across the line of division of the sides at the nighttime;
b) Take measures aimed at preventing terrorist and subversive groups, armed formations, and individuals from crossing the line of division of the sides;
c) The Abkhazian side shall take measures aimed at protecting the peaceful residents of Gali District from unlawful acts of violence.
2. To set up a joint group consisting of representatives of the sides, UNOMIG, and CIS CPKF for investigation and prevention of terrorist attacks and other violations of the law. The group led by the UN Secretary General’s Special Representative shall in two weeks time elaborate the statute on the functioning of the group and submit it along the way to members of the Coordination Council for adoption. This statute shall include procedural rules, including the list members, the manner of convocation, directives for investigation, proposals on implementation of conclusions Georgia will make during the work performed;
3. The sides undertake the obligation to study and react to the protests submitted by the UNOMIG and CIS CPKF concerning violations of the Moscow Agreement on Cease-fire and Separation of Forces. In case the sides continue disregarding the protests submitted by the UNOMIG and CIS CPKF, the UN Secretary General shall report to the Security Council thereon.
4. To ask the UN Secretary General’s Special Representative to recommence negotiations between the sides on the elimination of the consequences of developments in May with the view of safe return of refugees and measures of economic rehabilitation of Abkhazia.
5. To amend Paragraph 2 of Article 2 of the Statute of the Coordination Council and formulate the first sentence of the paragraph in the following way: “Four representatives of the Georgian and Abkhazian sides each become members of the Council.”
6. The UN Secretary General’s Special Representative, representatives of the Russian Federation as a facilitating side, the countries, members of the UN Secretary General’s group of friends, and OSCE adopted the decision (appended).
Appendix
The UN Secretary General’s Special Representative, representatives of the Russian Federation as a facilitating side, the countries, members of the UN Secretary General’s group of friends, and OSCE urge the sides to stop actions aggravating the situation in the conflict zone and able to lead to renewal of armed clashes.
It is meant that both sides shall stop building military engineering structures and eliminate them with the forces of the sides under the surveillance of the UNOMIG and CIS CPKF during a period of thirty days.
2 September 1998
(Abkhaz Issue in Official Documents, part II, p. 252-254)
PROTOCOL OF THE MEETING OF THE GEORGIAN AND ABKHAZIAN SIDES on issues of stabilization of the situation on the line dividing the sides
The sides confirm again their statements on cessation of the armed conflict and undertake not to use force for the resolution of any disputed issues based on the Agreement on Cease-fire and Separation of Forces as of 14 May 1994.
All emerging disputes will be resolved by peaceful ways only with the assistance of the United Nations, OSCE, CIS, and the Russian Federation.
The sides agreed to:
1. Bring in balance with the 14 May 1994 Moscow Agreement the number of armed formations and armaments in the Security and Restricted Armament Zones.
UN military observers and the CIS CPKF will monitor the implementation of this paragraph together with the sides.
2. Complete precision of the line of separation of the armed formations in the vicinity of the villages Nabakevi-Khurcha and Otobaia-Ganmukhuri.
The sides undertake to study and resolve the mentioned problem before 1 October 1998. Until the problem is resolved, a provisional checkpoint of the CIS CPKF jointly with the sides will be established between them ensuring observation of the cease-fire.
3. For the purposes of urgent resolution of the issues in cases of origination of conflicting situations in the Security Zone, urgent contacts between heads of administrations of Gali and Zugdidi districts shall be established, as well as between leaders of armed formations of the sides in the vicinity of the villages Nabakevi-Khurcha and Otobaia-Ganmukhuri.
4. Law enforcement bodies of the sides will interact on issues of prevention of terrorist and subversive activities.
5. General prosecutors of Abkhazia and Georgia will set up working groups, which will elaborate and approve before 1 October 1998 regulations of joint investigation of criminal cases involving terrorist and subversive acts committed in the Security Zone.
On behalf of the Georgian side: V. Lordkipanidze, K. Targamadze, J. Gakhokidze, J. Babilashvili, D. Tevzadze
On behalf of the Abkhazian side: S. Bagapsh, A. Kchach, A. Tarba, A. Jergenia, S. Mikanba
On behalf of the CIS CPKF: S. Korobko
On behalf of the United Nations: L. Bota
24 September 1998
(Abkhaz Issue in Official Documents, part II, p. 258)
ATHENS MEETING OF THE GEORGIAN AND ABKHAZ SIDES on Confidence-Building Measures
The meeting in Athens of the Georgian and Abkhaz Sides on Confidence-Building Measures took place 16 to 18 October 1998 under the Chairmanship of the Special Representative of the Secretary-General for Georgia, Mr. Liviu Bota. This meeting is an integral part of the Geneva Process begun on the initiative of the United Nations Secretary-General in order to step up the peace process and achieve a comprehensive settlement of the conflict.
The Athens Meeting was the most representative since the end of the armed conflict in 1993. The high-level delegations were headed on the Georgian side by Mr. Vazha Lordkipanidze and on the Abkhaz side by Mr. Sergei Bagapsh. They included representative of government bodies, members of parliament, businessmen, cultural figures, representatives from academic circles, members of non-governmental organizations, and journalists.
Representatives of the Russian Federation as the facilitator, the OSCE and also of the countries of the group of Friends of the Secretary-General participated in the meeting. The Executive Secretary of the joint/bilateral Coordinating Commission was also present at the meeting.
Such a meeting provided an opportunity for discussion of a broad range of questions of mutual interest.
The Athens meeting was convened in accordance with the closing statement adopted at the first Geneva meeting, 17 to 19 November 1997 which notes inter alia: “The parties have agreed that progress towards strengthening trust, mutual understanding and cooperation between them could be achieved through direct bilateral contacts and other means.”
In this context such measures include a broad range of concrete steps in the following major areas: political statement, ensuring security, return of refugees, economic cooperation, cultural and humanitarian interaction.
During the course of the meeting both sides put forward concrete proposals, some of which require more detailed work.
The representatives of the Russian Federation, acting as facilitator, the countries members of the Group of Friends of the Secretary-General, and the OSCE also made proposals and rendered assistance to the sides in drawing up ideas for concrete confidence-building measures.
Agreement was achieved to continue holding such meetings to develop contacts between the sides and for the adoption of confidence-building measures and measures for mutual understanding.
During the meeting the Special Representative of the Secretary-General, representatives of the Russian Federation, as facilitator, and the countries members of the Friends of the Secretary-General, gave the sides for their consideration the draft protocol on priority measures for a settlement to the conflict. It was proposed to the parties to state their view on this draft protocol at the next meeting of the Coordinating Council.
The parties agree on the following:
1. Having once again reaffirmed their commitment undertaken earlier regarding the right of refugees and displaced persons to voluntary return to the places of their former permanent residence, they agreed to speed up conclusion of work on the relevant documents.
2. To provide for full implementation of the provisions of the protocol of 24 September 1998 signed in Sukhumi.
3. To create a joint mechanism with the participation of representatives of UNOMIG and the CIS-PKF, to investigate acts of violation of the Cease-fire and Separation Forces Agreement of 14 May 1994 and for the prevention of a repetition of such acts, and also for the immediate consideration of complaints of one of the sides regarding actions of the other side which might represent a threat to security in the conflict zone.
4. To conclude drawing up the order for interaction of the prosecutors of the sides in investigating criminal cases regarding subversive acts perpetrated in the security zone.
5. To ensure an operative link between the leaders of the military structures of the sides, inter alia, at the local level, for rapid response to situations and actions which may lead to an aggravation of the situation in the conflict zone.
6. To promote in all possible ways the implementation of programmes of demining.
7. Having noted the importance of the dialogue begun on the development of trade and economic relations between them, to promote the conclusion of direct working contracts in the areas of energy, trade, agriculture, construction, etc.
8. To conduct active investigation of cases involving persons missing during the hostilities and the handing over of the remains of the dead. To request from donor countries expert and material support in carrying out psychological social rehabilitation of post-trauma syndrome.
Other proposals put forward by the parties to the meeting will be further studied.
The implementation of confidence-building measures will be carried out within the framework of the activity of the Coordinating Council and bilateral meetings. The Special Representative of the United Nations Secretary-General shall inform the Coordinating Council regarding the implementation of concrete confidence-building measures.
The sides and all participants in the meeting expressed to the government of Greece their profound gratitude for the invitation and warm hospitality, and for the creation of an atmosphere which promoted fruitful work.
V. Lordkipanidze, S. Bagapsh, L. Bota
18 October 1998
(www.c-r.org/accord)
DECREE ISSUED BY THE STATE DUMA OF THE FEDERAL ASSEMBLY OF THE RUSSIAN FEDERATION on Measures to Assist with Energy Supply the Economy of the South Ossetia, Georgia
Due to practically broken-off relation with Georgia and failing to achieve substantive progress in the process of negotiation since 1990 the South Ossetia is facing a grave economic situation.
Georgian Side doesn’t render any substantive assistance to the South Ossetia before signing of bilateral agreement though the fundamental documents were signed in Sochi in 1992 defining the position of the South Ossetia. The Mixed Monitoring Commission with participation of the representatives of the Government of Russian Federation is working on these issues.
The lack of own energy supply is the most pressing problem in the South Ossetia as the energy is provided solely from Russia and unfortunately with significant interruption causing shut down of important economic enterprises. Several enterprises, bakeries, hospitals, maternity houses, schools and other institutions have to terminate the functioning; the population hardly gets the food supply. The energy problem becomes the most acute on the threshold of severe winter season putting the population on the verge of survival.
The South Ossetia will not be able to overcome existing critical situation without assistance of the Russian Federation.
Russian joint-stock company “EEC Russia” intends to cut off electricity from 9 November 1998. Despite the existing share on gas supply, the South Ossetia hasn’t been provided the gas for 5 years.
Taking into consideration the established situation and in due course to assist the population of the South Ossetia, first of all through providing energy power and gas, the State Duma of the Federal assembly of the Russian Federation decrees:
1. To advise the Government of the Russian Federation to facilitate the population of the South Ossetia with energy and gas resources before paying off the debts.
2.To make a note of the fact that Georgia doesn’t observe the Agreement signed in 1992 in Sochi and other commitments within the frame of the Mixed Monitoring Commission regarding the restoration of the economy of the South Ossetia.
3. This Decree shall come into effect the day it is adopted.
Chairman of the State Duma of the Federal Assembly of the Russian Federation G. Selezniov
11 November 1998
(Bulletin of the Federal Assembly of the RF, 1998, # 34, p. 22)
DECISION OF THE OSLO OSCE MINISTERIAL COUNCIL MEETING on Georgia
Ministers appreciate the efficient co-operation between Georgia and the OSCE. They stress that the OSCE should intensify its efforts in the conflict resolution process as well as in monitoring the situation in the sphere of building democratic institutions in Georgia. Ministers emphasize that the lack of progress in the peaceful settlement of conflicts in Georgia requires additional measures to increase the safety of the international personnel and transparency regarding military armaments and equipment in the conflict areas.
Ministers acknowledge certain progress in the process of peaceful settlement of the conflict in the Tskhinvali Region/South Ossetia, Georgia, in particular with regard to the military-security situation and the return of refugees and internally displaced persons. They stress that there is an immediate need to increase efforts on all sides to promote the activities related to political negotiations on the definition of the political status of this region and facilitation of the process of the return of refugees.
Ministers express the hope that meaningful progress will soon be achieved with respect to a peaceful solution of the conflict in Abkhazia, Georgia. They strongly condemn the violent acts in the Gali District of Abkhazia, Georgia, in May and June 1998, resulting in mass destruction and the forcible expulsion of Georgian population. In this respect they recall numerous United Nations documents, the OSCE Budapest Decision and in particular the Lisbon Summit Declaration where utmost support for the sovereignty and the territorial integrity of Georgia within its internationally recognized borders was underlined. They also condemn the terrorist activities. They stress the need to refrain from the use of force, the importance of the prompt, immediate, safe and unconditional return of the refugees to the Gali District and the immediate conclusion of bilateral negotiations on this issue as a precondition for a comprehensive settlement of the conflict.
Ministers stress that the Geneva process is a leading framework for the peaceful settlement of conflict in Abkhazia, Georgia, and underline the primary responsibility of the United Nations for advancing this process. They declare the OSCE’s readiness to assist the United Nations in their efforts. They appeal to the United Nations and the Group of Friends of the United Nations Secretary-General, as the initiators of the Geneva process, and the Russian Federation, as a facilitator, to activate their efforts with a view to implementing the already adopted decisions and undertakings. They ask the OSCE Chairman-in-Office to stay in close contact with the Friends of the United Nations Secretary-General on all matters concerning Abkhazia, Georgia. They declare the OSCE’s readiness to participate in the implementation of a final and comprehensive settlement, including assistance to a local administration of the Gali District, particularly with regard to a joint mechanism of investigation of criminal cases in the zone of conflict and law enforcement body.
Ministers stress that promoting respect for human rights and fundamental freedoms, monitoring of the smooth and safe return of refugees, and assisting in the development of legal and democratic institutions and processes, in particular in establishment of a joint local administration in the Gali District with the participation of the returnees, can contribute to a peaceful settlement of the conflict in Abkhazia, Georgia. In that respect they ask the OSCE Chairman-in-Office to conduct with the United Nations Secretary-General, and within the OSCE, appropriate consultations exploring the utility of the establishment of an OSCE office in the Gali District. Ministers emphasize that all necessary measures should be taken to ensure the safety of the personnel of this office.
Ministers express their support for the Georgian-Abkhazian dialogue, in particular on confidence-building measures. The Ministers encourage the parties to follow up the decisions on confidence-building measures and to further study the proposals put forward at the Athens Meeting on Abkhazia, Georgia. If all parties agree to a similar meeting in Istanbul, this may provide a good opportunity. Ministers stress the possible role of the UN/OSCE Human Rights Office in Sukhumi in monitoring and assisting in implementation of any confidence-building measures between the two parties.
While reiterating that reconstruction measures cannot be a substitute for political settlement, Ministers acknowledge the importance of the rehabilitation of the conflict areas and regions and the return of refugees for advancing the process of the conflict settlement. They call on all parties to create conditions appropriate for such measures to be implemented. They undertake to explore the possibilities of a more active OSCE role in this respect in close liaison with international donors and institutions which are already active in this field in Georgia, and as a complement to their activities.
1 December 1998
(www.osce.org)
PROTOCOL OF THE SIXTH SPECIAL SESSION OF THE COORDINATING COUNCIL OF THE GEORGIAN AND ABKHAZ SIDES
Geneva, 17-18 December 1998.
The sixth session of the Coordinating Council set up based on the final declaration of the meeting of the Georgian and Abkhazian sides (Geneva, 17-19 November 1997) was held as an exception in Geneva on 17-18 December 1998 under the auspices of the United Nations, chaired by the UN Secretary General’s Special Representative Mr. Liviu Bota, with participation of representatives of the Russian Federation as a facilitating side, of the Organization for Security and Cooperation in Europe (OSCE), and the countries, members of the UN Secretary General’s group of friends: France, Germany, the Russian Federation, the United Kingdom, and the United States, as observers.
The Georgian side was represented by the delegation headed by Mr. Vazha Lordkipanidze.
The Abkhazian side was represented by the delegation headed by Mr. Sergey Bagapsh.
Opening the session, the Special Representative noted that after the 16-18 October 1998 meeting in Athens of the Georgian and Abkhazian sides on measures aimed at strengthening trust and as affected by it in a wholesome way, the sides started holding fruitful bilateral negotiations on the issues concerning: 1) security and non-use of force; 2) return of refugees; and 3) measures of economic rehabilitation of Abkhazia. Without accusing any of the sides of the lack of conscientiousness in the negotiations, the Special Representative noted that the negotiations seemed to be protracted due to certain misunderstanding. Nevertheless, in the Special Representative’s opinion, the positions of the sides on concrete disputed issues are not irreconcilable and there is a possibility of continuation of the negotiations.
The Special Representative further noted that the current session of the Council is being held at the background of speedy deterioration of the situation concerning security in the conflict zone. The situation is extremely dangerous and there is a risk of repetition of the developments like those that took place in May.
The UN Secretary General’s Special Representative urged the delegations of the sides, participants of the session, to approach the discussion of the items on the agenda taking into account the mentioned circumstances, the acuteness of the situation, and the importance of the moment.
The agenda of the session comprised the following issues:
1. Issues of sustained cease-fire and security problems;
2. Refugees and internally displaced persons;
3. Economic and social problems.
Representatives of the sides, the Russian Federation as a facilitating side, OSCE and the UN Secretary General’s group of friends made statements.
The chief military observer of the UNOMIG General Tariq Ghazi, the representative of UNHCR, and the UNDP representative Mr. Marco Borsotti also participated in the discussion of the agenda.
The Abkhazian side stated that it is starting the process of unilateral return of refugees to Gali District and urged the United Nations, the Russian Federation as a facilitating side, OSCE, the countries, members of the UN Secretary General’s group of friends, as well as the Georgian side to render assistance in this process.
The Georgian side noted that the Abkhazian side’s statement on the so-called “unilateral return of refugees” is purely declarative and in reality, it does not enable to carry out the process of return of refugees and displaced persons, as it is well known that the process cannot be organized without creation of related necessary mechanisms and guarantees with the most active participation in it of the Georgian side and the international community.
The sides made statements in connection with the emerging threat of instability in the conflict zone (appended).
The Council adopted the following decisions:
1. The sides will without delay take decisive measures for meticulous implementation by related bodies of their executive powers of the decisions made by the Coordinating Council previously aimed at slackening of tension and normalization of the situation in Gali District, and in the first place those provided for by the Protocol of the fourth (second special) session (Paragraph 1), Protocol of the fifth session (Paragraphs 1a, 1b, and 1c) and the annex thereto.
2. The UN Secretary General’s Special Representative shall continue and complete consultations with the sides on establishment of a joint group for investigation and prevention of terrorist attacks and other violations of law in accordance with the decisions of the Council set in the Protocol of the fourth (second special) session (paragraph 2) and Protocol of the fifth session (Paragraph 2).
3. As provided for by the Protocol of the fifth session of the Council, in cases the sides disregard protests of the UNOMIG and the CIS CPKF concerning violations of the Moscow Agreement on Cease-fire and Separation of Forces, the UN Secretary General’s Special Representative shall inform thereof the UN Secretary General who will submit the problem for discussion at the UN Security Council.
4. To convoke in Gali District an urgent meeting of authorized representatives of the sides no later than 22 December for the purpose of preventing destabilization of the situation in the conflict zone, coordinating and adopting effective measures aimed at implementation of the bilateral agreements achieved previously and set in the 25 May 1998 Protocol on cease-fire, separation of armed formations, and guarantees of prevention of violent actions, and the Protocol of the meeting of the Georgian and Abkhazian sides on issues of stabilization of the situation along the line of separation of the sides signed in Sukhumi on 24 September 1998.
The participants of the session took notice of the proposals of the governments of Turkey and Ukraine to host in respective countries high level meetings in the framework of the Geneva peace process.
18 December 1998
(Abkhaz Issue in Official Documents, part II, p. 273-275)
PROTOCOL ON THE MEETING OF THE GEORIGAN AND ABKHAZ SIDES
Due to the recent threat of destabilization of the situation in the conflict zone, the sides reaffirmed their commitments on non-use of force.
The side agreed upon the following issues:
1. In accordance with the Protocol of 24 September 1998 within the next 10 days, both sides will work out the plan and withdraw their forces on necessary distance from the Cease-fire Line in Khurcha-Nabakevi (Mr. K. Targamadze will be responsible from the Georgian side, Mr. A. Kchach will be responsible from the Abkhaz side).
Both the CIS PKF and the UNOMIG together with the representatives of the sides will control this process.
2. Along with the agreed withdrawal, the CIS PKF together with the representatives of both sides will start patrolling the area along the Cease-fire Line in Khurcha-Nabakevi area.
The CIS PKF will patrol Khurcha village with the Georgian side and in Nabakevi village with the Abkhaz side.
3. By 27 December 1998, the communication agencies of the sides will establish a permanent telephone connection between the Heads of Administration of Gali and Zugdidi districts (Mr. S. Esakia will be responsible from the Georgian side and Mr. E. Pilia will be responsible from the Abkhaz side).
4. The sides will consider the issue of rotation of their forces along the Cease-fire Line.
For the Georgian Side V. Lordkipanidze, K. Targamadze,
V. Kutateladze, D. Pirtskhalaishvili,
For the Abkhaz side S. Bagapsh, A. Kchach, A. Tarba, G. Agrba
From the CIS PKF E. Churaev
From the UNOMIG T. Ghazi
21 December 1998
(Archive of the OSCE Mission in Tbilisi)
1999
RESOLUTION 1225 (28 JANUARY 1999) adopted by the UN Security council
The Security Council,
Recalling all its relevant resolutions, in particular resolution 1187 (1998) of 30 July 1998, and the statement of its President of 25 November 1998 (S/PRST/1998/34),
Having considered the report of the Secretary-General of 20 January 1999 (S/1999/60),
Noting the letter of the President of Georgia to the President of the Security Council dated 22 January 1999 (S/1999/71, annex),
Deeply concerned at the continuing tense and unstable situation in the conflict zone and at the risk of resumed fighting,
Deeply concerned also at the continued deadlock in achieving a comprehensive settlement of the conflict in Abkhazia, Georgia,
Welcoming in this context the contribution that the United Nations Observer Mission in Georgia (UNOMIG) and the Collective Peacekeeping Forces of the Commonwealth of Independent States (CIS peacekeeping force) have made to stabilizing the situation in the zone of conflict,
noting that the working relationship between UNOMIG and the CIS peacekeeping force has been good at all levels, and stressing the importance of continued close cooperation and coordination between them in the performance of their respective mandates,
Recalling the conclusions of the Lisbon summit of the Organization for Security and Cooperation in Europe (OSCE) (S/1997/57, annex) regarding the situation in Abkhazia, Georgia,
Reaffirming the necessity for the parties strictly to respect human rights, expressing its support for the efforts of the Secretary-General to find ways to improve their observance as an integral part of the work towards a comprehensive political settlement, and noting developments in the work of the United Nations Human Rights Office in Abkhazia, Georgia,
1. Welcomes the report of the Secretary-General of 20 January 1999;
2. Expresses its concern at the failure of the parties to conclude, after bilateral contacts and the Athens meeting of 16-18 October 1998 on confidence-building measures, agreements on security and the non-use of force, the return of refugees and displaced persons and economic reconstruction, and urges the parties to resume bilateral negotiations to this end;
3. Demands that both sides widen their commitment to the United Nations-led peace process, continue to seek and engage in dialogue, expand their contacts at all levels and display without delay the necessary will to achieve substantial results on the key issues of the negotiations, and underlines the necessity for the parties to achieve an early and comprehensive political settlement, which includes a settlement on the political status of Abkhazia within the State of Georgia, which fully respects the sovereignty and territorial integrity of Georgia within its internationally recognized borders;
4. Emphasizes, in this context, that the readiness and ability of the international community to assist the parties depend on their political will to resolve the conflict through dialogue and mutual accommodation and on their acting in good faith to implement promptly concrete measures towards bringing about a comprehensive political settlement of the conflict;
5. Strongly supports the sustained efforts made by the Secretary-General and his Special Representative with the assistance of the Russian Federation in its capacity as facilitator as well as of the Group of Friends of the Secretary-General and of the OSCE to prevent hostilities and to give a new impetus to the negotiations within the United Nations-led peace process in order to achieve a comprehensive political settlement, and welcomes, in this context, the intention of the Secretary-General to propose a strengthening of the civilian component of UNOMIG;
6. Demands that both sides observe strictly the Moscow Agreement of 14 May 1994 on a Ceasefire and Separation of Forces (S/1994/583, annex I) and all their obligations to refrain from the use of force and to resolve disputed issues by peaceful means only, and calls upon them to display greater resolve and willingness to make the Joint Investigation Group functional;
7. Expresses its continuing concern at the situation of refugees and displaced persons, resulting most recently from the hostilities of May 1998, reaffirms the unacceptability of the demographic changes resulting from the conflict and the imprescriptible right of all refugees and displaced persons affected by the conflict to return to their homes in secure conditions in accordance with international law and as set out in the Quadripartite Agreement of 4 April 1994 on the voluntary return of refugees and displaced persons (S/1994/397, annex II), and calls upon the parties to address this issue urgently by agreeing and implementing effective measures to guarantee the security of those who exercise their unconditional right to return;
8. Welcomes, in this context, the efforts of the Special Representative of the Secretary-General to facilitate, as a first step, the safe return of refugees and displaced persons to the Gali region, and calls upon the parties to resume and intensify their bilateral dialogue to this end;
9. Condemns the activities by armed groups, including the continued laying of mines, which endanger the civilian population, impede the work of the humanitarian organizations and seriously delay the normalization of the situation in the Gali region, and deplores the lack of serious efforts made by the parties to bring an end to those activities;
10. Reiterates its demand that both sides take immediate and determined measures to put a stop to such acts and ensure that the security environment of all international personnel improves significantly, and welcomes the first steps taken in this regard;
11. Reiterates also its deep concern regarding the security of UNOMIG, welcomes the implementation of measures in this regard and requests the Secretary-General to keep the security of UNOMIG under constant review;
12. Decides to extend the mandate of UNOMIG for a new period terminating on 31 July 1999, subject to a review by the Council of the mandate of UNOMIG in the event of any changes that may be made in the mandate or in the presence of the CIS peacekeeping force;
13. Requests the Secretary-General to continue to keep the Council regularly informed and to report after three months from the date of the adoption of this resolution on the situation in Abkhazia, Georgia;
14. Expresses its intention to conduct a thorough review of the operation at the end of its current mandate, in the light of steps taken by the parties to achieve a comprehensive settlement;
15. Decides to remain actively seized of the matter.
(www.un.org/docs)
PROTOCOL OF THE SEVENTH SESSION OF THE COORDINATING COUNCIL OF THE GEORGIAN ABKHAZ SIDES
Tbilisi, 11 February 1999
The seventh session of the Coordination Council created pursuant to Final Statement of the Georgian and Abkhazian Sides (on 17-19 November 1997), took place on February 11, 1999 in Tbilisi under the auspices of the UN and under the chairmanship of Mr. Liviu Botta – the Special Representative of the UN Secretary General and with participation of representatives of the Russian Federation as facilitator, the Organization for Security and Cooperation in Europe (OSCE), member States of the Group of Friends of the UN Secretary General on Georgia Germany, the Russian Federation, the United Kingdom, the United States of America and France in their capacity as observers.
The Georgian Side was represented by a delegation under the leadership of Mr. Vazha Lordkipanidze.
The Abkhaz Side was represented by a delegation under the leadership of Mr.Sergey Bagapsh.
Opening the session, the Special Representative of the UN Secretary General pointed out that that bilateral contacts, that took place between the Georgian and Abkhazian Sides in the aftermath of the previous session of the Council, contributed to the cause of prevention of resumption of hostilities and represent the most effective tools in terms of achieving political progress in the negotiation process.
According to him, although agreements on principal issues like not resorting to military force, return of refugees and economic problems have not been reached, the existing difference on these issues are not insurmountable. The Special Representative called upon the Sides to resume the dialogue on all levels.
Evaluating the situation in the conflict zone as tense and unstable, Mr. Liviu Botta pointed out certain positive developments taking place after the previous session of the Coordination Council in terms of removing the tension in the village of Khurcha and welcomed a responsible stance assumed by the Sides on this particular issue.
Referring to the issue of return of refugees, the Special Representative of the UN Secretary General confirmed the right of refugees and internally displaced persons to return to their places of permanent residence. Welcoming these recent initiatives relating to return of refugees and internally displaced persons to the Gali region within old administrative borders, he pointed out that in order to make sure that such initiatives are of practical importance, the return of refugees should be carried out in the conditions of security and with full respect for the relevant principles of the international law. The International community will render all the necessary assistance, provided the Sides reach an agreement on return of refugees and internally displaced persons.
The adopted agenda included the following issues:
1. Issues of sustainable non resumption of hostilities and security-related issues;
2. Refugees and internally displaced persons;
3. Economic and social problems.
Representatives of the Sides made statements.
Mr. Taric Gazi –Chief UNOMIG Military observer, General-Major Sergey Korobko-Commander of the CIS Peacekeeping forces, Mr. Ekber Memenjiogly – representative of the UNHCR in Georgia, and Mr. Marco Borsotti – UNDP representative in Georgia took part in the discussions as well.
The Coordinating Council decided:
1. Within the framework of two weeks to convene, under the chairmanship of the Chief UNOMIG Military Observer, a meeting between the Parties to the conflict, UNOMIG, CIS Peace Keeping Forces, in order to elaborate instruments for functioning of the Group on investigation and prevention of terrorist acts and other manifestations of violations of provisions of the Moscow Agreement of 14 May 1994.
2. The Sides, together with representatives of UNOMIG and CIS Peace-keeping forces, shall work out and implement, until the end of February 1999, concrete steps aimed at securing non-resumption of hostilities any elimination of any threat of clashes, and separation of forces along the cease-fire line.
3. The representatives of law-enforcement bodies will analyze the available to them information on subversive actions that may lead to resumption of hostilities.
4. To continue bilateral negotiations on creation of mechanisms for return of refugees and internally displaced persons to the Gali region (within old administrative borders).
5. During the next Session of the Coordination Council, to hear information of Georgian and Abkhaz co-chairs of the Commission on Search for Missing Servicemen of the Abkhaz conflict in 1992-93.
(Abkhaz Issue in Official Documents, part II, p. 279-280)
DECISION TAKEN BY THE COUNCIL OF THE HEADS OF STATES OF THE COMMONWEALTH OF INDEPENDENT STATES on Further Steps towards the settlement of the Conflict in Abkhazia, Georgia
The Council of the heads of States of the Commonwealth of Independent States,
Confirming its commitment to the sovereignty and territorial integrity of Georgia,
Recalling all its relevant Decisions to the comprehensive settlement of the conflict in Abkhazia, Georgia, in particular the Decision of 19 January 1996 “On Regulation of the Conflict in Abkhazia, Georgia”, the Decision of 28 March 1997 “On Development of Peacekeeping Operations in the Conflict Zone of Abkhazia, Georgia” and the Decision of 1998 “On Additional Measures on Regulation of the Conflict in Abkhazia, Georgia” and stressing the necessity of their realization,
Welcoming in this context Geneva and Athens meetings of Georgian and Abkhaz Sides with the presence of representatives of the Russian Federation as facilitator, the OSCE and the states of the “Group of Friends to the UN Secretary General”,
Noting the active role of the UNO in the process of the conflict settlement in Abkhazia, Georgia, and stressing the importance of intensification of this activity,
Welcoming in this context the contribution of the Collective Peacekeeping Force of the Commonwealth of Independent States and the United Nations Observers Mission in Georgia in establishment of the adequate condition for negotiations,
Sharing the concern of the UN Security Council with regard of failure of signing by the sides of the Agreement “on Peace and Guarantees for prevention the Armed Clashes” and “the Protocol on Return of Refugees in Gali Region and Measures for the Restoration of Economy”, and supporting the recommendations to the Sides to resume the bilateral negotiations,
Reaffirming the right of refugees and displaced persons to return and live at their places of residence in Abkhazia, Georgia,
decided:
1. To take a note of the report of the Executive Secretariat of the CIS on implementation of the Decision taken by the Council of the Heads of States of the Commonwealth of independent States of 1998 “On Additional Measures for Conflict Settlement in Abkhazia, Georgia”.
2. Member-states of the CIS will continue supporting the sovereignty and territorial integrity of Georgia in order to achieve early settlement of the conflict in Abkhazia, Georgia, return of refugees and displaced persons to their places of residence.
3. To call upon the member-states of the Commonwealth of Independent States to give positive consideration and submit the concrete proposals on the Appeal of the Chairman of the Council of the Heads of States of the Commonwealth of Independent States, the President of the Russian Federation B. Yeltsin to the Heads of the CIS member-states of 13 February 1994 “On use of Collective peacekeeping Forces in the Georgian-Abkhaz Conflict Zone” with regard of detachment of military contingent to the CPKF, observers and other forms for participation in peace operations of the CIS in Abkhazia, Georgia.
4. The Heads of Foreign and Military agencies of the member-states of the Commonwealth of Independent States, who the Appeal mentioned in Paragraph 3 applies to, shall hold the consultations in order to reconcile the possible forms of a real participation of those states in peace operations together with the Russian Federation pursuant to the determined number of the CPKF of 3 000 people.
5. To give the firm recommendation to the Sides to accomplish within a month approval of the drafts of “Agreement on Maintaining Peace and on Guarantees of Prevention of Armed Clashes” and “the Protocol on the Return of Refugees in the Gali Region and Reconstruction of the Region’s Economy” and to sign them.
6. To endorse the proposals on extension of the term of presence of the Collective peacekeeping Forces in the conflict zone of Abkhazia, Georgia for 6 months or until one of the sides demands on termination of the operation. The decision in this regard will come into effect after the documents mentioned in the paragraph 4 are signed. If the sides fail to reach the agreement within the mentioned term, the issue of expediency of further presence of the CIS CPKF in the conflict zone shall be brought to the consideration.
To approve the Mandate of the CPKF of the CIS terminating on 2 April 1999.
7. To ensure the implementation of the measures set out in the decisions of the Council of the heads of States of the CIS of 28 May 1997 and 1998 with regard of enlargement of the security zone and elaboration of the plan of relocation based on the mechanisms worked out by the Sides.
8. To consider inadmissible further procrastination of organized return of refugees and displaced persons in the whole territory of Abkhazia, Georgia, first of all in the Gali Region (within the old frontiers) in safe condition.
To call upon the Abkhaz side to reconsider these issues and reach the positive solution.
In case of resistance to the return of refugees, endangering the peace and stability in the region, the issue on adequate changes of the nature and character of the peacekeeping operations shall be discussed on the basis of the UN Charter.
9. To call upon the Sides of the conflict to decide the issue of setting up interim transitional administrations at the stage of step-by-step return of refugees and comprehensive normalization of living conditions in the Gali Region (within the old frontiers) that would work under the direct participation of the mediators, the UNO and the OSCE.
10. Recovery of the regions’ economy shall be solely linked with implementation of the organized and steady process of the return of refugees and displaced persons.
11. To entrust the Council of the Ministers of Foreign Affairs and the Council of Ministers of Defence of the CIS member-states with the task to set up before 1 July 1999 the operative Working Group, Executive Secretariat and the Headquarter comprising of representatives of member-states interested in the comprehensive settlement of the conflict in Abkhazia, Georgia, for coordination of military cooperation of the CIS member-states. The Executive Secretariat of the CIS shall ensure the implementation of aforementioned tasks, including the elaboration of the Regulations of the Group.
12. The Council of the Ministers of Defence, through their working organ – the Headquarter on coordinating the military cooperation of the CIS member-states shall carry out the management of military aspects of the operation on maintaining the peace in the conflict zone.
13. The Executive Secretariat of the CIS shall forward the letter to the UN Secretariat with request to discuss the issue of including the representatives of the interested CIS member-states to the UN Observers Mission in Georgia.
14. The Council of Ministers of Foreign Affairs and the Council of Ministers of Defence of the CIS, together with the Executive Secretariat of the CIS shall exercise the control on the implementation of this Decision.
15. To inform the UN Security Council about this decision taken by the Council of the Heads of States of the Commonwealth of Independent States.
Done at Moscow, 2 April 1999…
Signed by the Heads of States of the Commonwealth of Independent States.
The Document hasn’t been signed by the Republic of Belarus, Moldova and Turkmenistan.
(www.un.org/russian)
PROTOCOL OF THE EIGHTHS SESSION OF THE COORDINATING COUNCIL OF THE GEORGIAN and ABKHAZ SIDES
Sukhumi, April 29, 1999
The Eighth session of the Coordination Council created pursuant to Final Statement of the Georgian and Abkhaz Sides (on 17-19 November 1997), took place on April 29, 1999 in Sukhumi under the auspices of the UN and under the chairmanship of Mr. Liviu Botta – the Special Representative of the UN Secretary General and with participation of representatives of the Russian Federation as facilitator, the Organization for Security and Cooperation in Europe (OSCE), member States of the Group of Friends of the UN Secretary General on Georgia Germany, the Russian Federation, the United Kingdom, the United States of America and France in their capacity as observers.
The Georgian Side was represented by a delegation under the leadership of Mr. Vazha Lordkipanidze.
The Abkhaz Side was represented by a delegation under the leadership of Mr. Sergey Bagapsh.
Opening the session, the Special Representative of the UN Secretary General pointed out that as a result of steps taken by the Parties, in accordance with the bilateral agreements and decisions taken by the Coordination Council, the situation along the cease-fire line became stable and calmer.
He pointed out, that recently active consultations, on Joint Group on identification of facts of violations of the Moscow Agreement of 14 May 1994 and terrorist acts, were held. By doing so, the Sides displayed constructive approach and attitude on this issue. The Special Representative expressed his hope that in the course of that session, draft protocol of the Joint Group would be endorsed.
The Special Representative emphasized that currently the most acute problem was to address the issue of safe return of refugees and internally displaced persons to the Gali region in old administrative borders. He pointed out with satisfaction that stances of the Parties with regard of creation of conditions for safe return of refugees and internally displaced persons have come substantially closer to each other. The Special Representative called upon the Sides to reach an agreement on the Protocol of return of refugees and internally person to the Gali region and economic recovery as soon as possible. The Special Representative and representative of the Russian delegation, acting as facilitator to the settlement process of the conflict in Abkhazia, Georgia, will continue to render support and assistance to these endeavors.
Taking into account the importance of the Joint Coordination Commission on practical issues and necessity of further activation of direct contacts between the Sides, the Special Representative welcomed the process of improvement of the work of that commission, including the creation of permanent working group under the leadership of the secretary of bilateral coordination commission and put forward a proposal to render material support to that group.
The adopted agenda included the following issues:
1. Issues of sustainable non- resumption of hostilities and security-related issues;
2. Refugees and internally displaced persons;
3. Economic and social problems.
4. Information of co-chairs of the Commission from Georgian and Abkhaz Sides on Search for Missing Servicemen in the Abkhaz conflict in 1992-93.
Representatives of the Sides made statements.
Mr. Taric Ghazi –Chief UNOMIG Military observer, General-Major Sergey Korobko-Commander of the CIS Peace Keeping forces, Representatives of the Russian Federation as facilitators of the peace process, Mr. Ekber Memenjiogly – representative of the UNHCR in Georgia, Mr. Z. Lakerbaia –Secretary of the bilateral coordination commission, Mr. A.Ioseliani and Mr. O. Kakalia- co-Chairs of the Commission on Search for Missing Servicemen in the Abkhaz conflict in 1992-93 took part in the debates as well.
The Coordinating Council decided:
1. To activate the work of working Groups set up within the framework of the Coordination Council.
2. To continue further deliberation on the draft of the Protocol of Joint Group on Identification of facts of violation of provisions of the Moscow Agreement of May 14, 1994 and committed terrorist and subversive acts (the draft is attached).
3. To continue bilateral negotiations on the issues of creation of safe conditions conducive to return of refugees and internally displaced persons to the Gali region in old administrative borders and economic recovery.
4. To ask the Special Representative of the UN Secretary General and Group of Friends of the UN secretary General on Georgia to render material assistance to the bilateral coordination commission in order to solve practical issues.
To take note of information provided by co-Chairs of the Commission on Search for Missing Servicemen in the Abkhaz conflict in 1992-93 and promote the work of the commission.
(Abkhaz Issue in Official Documents, part II, p. 292-294)
ISTANBUL STATEMENT of The Georgian and Abkhaz Sides on Confidence-Building Measures 7–9 June 1999
The Istanbul Meeting of the Georgian and Abkhaz Sides on Confidence-Building Measures took place from 7 to 9 June 1999, under the chairmanship of the Special Representative of the Secretary-General Mr. Liviu Bota. The Meeting is part of the Geneva Process, begun at the initiative of the Secretary-General and aimed at achieving a comprehensive settlement of the conflict.
The Minister for Foreign Affairs of the Republic of Turkey, His Excellency Mr. Ismail Cem, addressed the participants of the Meeting at the Opening and Closing Ceremonies. The delegation of the Georgian side was led by Mr. Vazha Lordkipanidze, and the delegation of the Abkhaz side was led by Mr. Sergei Bagapsh. The delegations comprised prominent individuals from the sides, including representatives of the intelligentsia, directors of major industrial and agricultural enterprises, elders, military who have participated in the armed conflict, and others.
Representatives of the Russian Federation in its capacity as facilitator, the Organization for Security and Cooperation in Europe, and the members of the group of Friends of the Secretary-General participated in and addressed the Meeting. The UNOMIG Chief Military Observer and the Executive Secretary of the Joint/Bilateral Coordination Commission for Practical Questions also addressed the Meeting.
The Meeting was convened on the basis of the Concluding Statement of the First Geneva Meeting of the Georgian and Abkhaz Sides, held from 17 to 19 November 1997, in which the sides agreed that progress toward strengthening trust, mutual understanding and cooperation between them could be achieved through direct bilateral contacts and other means.
The Meeting focused primarily on the question of the return of refugees and displaced persons, and also on economic problems.
The sides agreed as follows:
1. Within one week to hold a special meeting of plenipotentiary representatives to address the issue of the exchange of hostages and prisoners.
2. To support and cooperate with the Chief Military Observer of the UNOMIG in conducting joint investigation of incidents which may endanger stability in the conflict zone.
3. To revive the activities of the working groups within the framework of the Coordinating Council.
a) To convene within one week Working Group I. It will consider measures to implement the agreements achieved by the sides regarding ensuring security along the entire line of the separation of forces.
b) To convene within one week Working Group II for the consideration and agreement of urgent measures regarding the issue of the return of refugees and displaced persons, and the establishment of conditions for their safety. The Working Group will also hear information from the parties regarding the situation in the Gali Region.
c) To convene within one week Working Group III. It will address the question of interaction with the Standing Working Group of the Joint Bilateral Coordination Commission for Practical Questions. This Standing Working Group will promote the establishment of economic ties between economic entities and draw up specific proposals and submit them for discussion by the Coordination Commission. It will also address projects which serve the interests of the Georgian and Abkhaz sides, including those designed to ensure uninterrupted functioning of the Inguri dam and power plant, and also the restoration of films with assistance of UNDP and other international and national organizations.
Financing of this Working Group will be implemented with support from UNDP.
4. To insure implementation of the commitment of the sides, provided for by the Protocol of 24 September 1998, on questions of stabilization of the situation along the line of separation of forces.
5. To develop cooperation at the local level Istanbul Meeting participants will continue contacts to study possibilities for specific types of cooperation in various areas, in particular in the economic area.
6. To organize meetings of political and public figures of the sides.
7. To develop and establish mechanisms for the regular exchange of information, including, inter alia:
a) To exchange information between representatives of the mass media of the sides, including the exchange of television groups to create reports, including interviews with high-level individuals. These materials will be broadcast by the respective local television stations.
b) The Abkhaz side will be able to receive 300 copies of each issue of Svobodnaia Gruzia and the Georgian side will receive an equal number of copies of Respublica Abkhazia, on the basis of funding and logistical support from the United Nations.
c) Transmission from each side to the other of their respective press service reports will be facilitated by the United Nations.
d) To hold a meeting of Georgian and Abkhaz journalists in Tbilisi in July 1999, and in Pitsunda in August 1999, to exchange information.
e) To request the BBC to sponsor training courses for Georgian and Abkhaz journalists in London.
8. The law-enforcement organs of the two sides will exchange available information on any preparations for illegal acts and will consult on measures to be taken jointly to prevent them. Direct communication links should be utilized for this purpose.
9. Representatives of the respective Commissions for Missing-in-Action cases of the two sides will meet within one month, to review the situation. They will meet regularly within the framework of the Coordinating Council.
Implementation of the above-agreed measures will be carried out within the framework of the Coordinating Council and through bilateral contacts. The United Nations will provide logistical support as necessary, in the implementation of these measures.
The Special Representative of the Secretary-General will report to the Secretary-General of the UN, who will then inform the Security Council on the outcome of this Meeting.
The sides and all participants of this Meeting expressed to the government of Turkey their deepest gratitude for the invitation to convene a meeting in Istanbul, for the warm hospitality shown, and for its active role in the creation of an atmosphere that facilitated substantive and constructive results.
The participants of the Meeting took note of the information concerning the invitation from the government of Ukraine to hold the next Meeting of the Georgian and Abkhaz sides on confidence measures in Yalta.
V. Lordkipanidze, S. Bagapsh, L. Bota
7-9 June 1999, Istanbul, Turkey
(www.c-r.org/accord)
Basic principles for determining the status of Abkhazia within the new State structure of Georgia (Proposed by the Government of Georgia, circulated as a document in UNO’s Security Council)
The settlement of the conflict in Abkhazia, Georgia, is one of the most significant problems, both from the political and from the humanitarian standpoint.
The failure to settle the conflict has caused a human tragedy for over 300 000 peaceful civilians, mostly Georgians, who have been forced to flee the region. It has left a bloody wound and created a source of tension within Georgia and beyond its borders.
We reiterate that the solution to this highly complex problem can be achieved only if every opportunity for political, socio-economic and cultural development is afforded to Abkhazia, with the Georgian State as guarantor.
In defining the status of Abkhazia, Georgia proceeds from the following basic principles:
a) The inviolability of the territorial integrity of Georgia within the internationally recognized borders existing as 21 December 1991;
b) The inviolability of the territorial integrity of Abkhazia within the borders of the format Abkhaz Autonomous Republic as part of the Georgia Soviet Socialist Republic as at 21 December 1991;
c) Recognition of Abkhazia’s right to exercise its competence within the federation as a component of the federal State of Georgia;
d) Institutional incorporation – in the Constitution of the Republic of Abkhazia and in the Constitution of Georgia – of the right of the Abkhaz people to develop their culture and long-standing traditions, and to integrate historical elements into the political and social life of the people, with full respect and guarantees for the human rights and freedoms of the entire multiethnic population of Abkhazia, and with the guarantee of active participation by its representatives in the work of the federal organs of power.
On the basic of the foregoing considerations on the status of Abkhazia, the following principles are proposed:
1. Abkhazia is one of the components of a federation established in Georgia, and enjoys the supreme status of a territorial and State entity.
2. The Republic of Abkhazia shall independently exercise legislative, executive and judicial powers in areas defined by the Constitution of the federal State (Georgia), by the Constitution of the Republic of Abkhazia and by the agreement delimiting the domains of competence between the organs of power of the federal State and the organs of power of the Republic of Abkhazia. The agreement shall be in the form of a constitutional Statute and shall have supreme juridical force after the Constitution of the federal State.
3. The Republic of Abkhazia shall enjoy the following sovereign rights:
a) It shall adopt and amend the Constitution of the Republic of Abkhazia provided that this does not contravene the principles and norms of the Constitution of the federal State and the aforementioned statutory agreement;
b) It shall define the structure and organization of the legislative organ of the Republic of Abkhazia;
c) It shall determine the Republic’s form of government, the structure of the State and the modalities of their creation;
d) It shall establish the Republic’s judicial system – ordinary courts, supreme court, constitutional court and office of the procurator – provided that the Federation’s Supreme Court, Constitutional Court and Office of the Procurator remain supreme;
e) It shall determine the State symbols of the Republic of Abkhazia;
f) It shall determine the size of the Republic’s budget, as well as revenue and expenditure;
g) It shall engage in foreign relations and shall participate in international and regional organs and organizations;
h) It shall manage the State property of the Republic;
i) It shall settle questions of nationality of the Republic;
j) It shall settle questions relating to social policy, education, science, culture, physical education, sport and tourism;
k) It shall establish, and determine the modalities for establishing, the Republic’s police agencies and for internal affairs agencies at various levels to ensure law and order;
l) Within the republic, it shall be responsible for telecommunications, radio, television and transport;
m) It shall take measures to protect the environment.
4. The federal State shall enjoy the following sovereign rights:
a) It shall adopt and amend the federal Constitution;
b) It shall enact legislation and enforce laws and other legislative instruments of the federal state;
c) It shall establish the supreme organs of the federal State – legislative, executive and judicial – and shall establish the modalities for their organization and activities;
d) It shall be responsible for the structure of the federal State;
e) It shall determine the status and regime of national borders and shall be responsible for protecting them; it shall also determine the status of and provide protection for territorial waters, airspace, the continental shelf and the exclusive economic zone;
f) It shall enact legislation to protect human rights and fundamental freedoms. It shall monitor implementation of internal legislation and international legal obligations;
g) It shall enact legislation regarding nationality of the federal State, and determine the conditions for the acquisition or loss of nationality, travel to and from the federal State, and the status of foreigners and stateless persons;
h) It shall be responsible for federal budget, the monetary and financial system, the issue of currency, federal banks, customs, customs duties and other duties;
i) It shall be responsible for defence, the armed forces and the security of the federal State.
The unified armed forces of the federal State may be of a territorial nature in the territory of Abkhazia. Conscripts may serve in the territory of the Republic.
The unified frontier guards of the federal State may be established on a territorial basis like the armed forces, provided they are under the strict supervision and control of the federal authorities;
j) The federal State shall be responsible for foreign policy and international relations, diplomatic and consular services, international agreements, and membership in inter-State and international organs and organizations;
k) It shall be responsible for transregional and international telecommunications, national radio and television, and postal services;
l) It shall regulate the transit of oil and gas pipelines;
m) It shall enact legislation to protect and monitor the environment;
n) It shall enact criminal, civil and procedural laws, and legislation regarding the earth, the subsoil and natural resources.
5. The constitutional Statute (agreement) formalizing these arrangements are not subject, to unilateral modification or revocation in whole or in part.
1999. 07. 23
(www.un.org/docs)
PROTOCOL # 10 OF THE SESSION OF JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT
July 23, 1999, Settlement of Tsinandali
Chaired by:
Vladimer Kolmogorov – Deputy Minister of Russian Federation for Cooperation with CIS Member States, Head of the Russian part of the JCC.
Agenda:
1. On activities of the JPKF.
On mutual cooperation of law-enforcement organs of the parties in the zone of the Georgian-Ossetian conflict.
2. On rehabilitation of economy in the zone of the Georgian-Ossetian conflict.
3. On the process of return of refugees.
4. Miscellaneous.
Resolved:
2. On activities of the JPKF. On mutual cooperation of law-enforcement organs of the parties in the zone of the Georgian-Ossetian conflict.
(Churaev, Khubulov, Novikov, Tibilov, Kurtanize, Belagi, Menemencioglu, Dzabiev, Kublashvili, Machavariani, Kusov, Kochiev, Lacombe, Kolmogorov)
Resolved:
1.1. Approve General Lieutenant Yevgeny Churaev as the Commander of the JPKF in the zone of the Georgian-Ossetian conflict.
Make decisions:
on activities of the JPKF;
on mutual cooperation of law-enforcement organs of the parties in the zone of the Georgian-Ossetian conflict (see Annex 1).
1.3. Continue reviewing this issue at the next session of the JPKF.
2. On rehabilitation of economy in the zone of the Georgian-Ossetian conflict.
(Bagiaev, Machavariani, Kolmogorov, Gagloev, Tibilov, Chemia, Makharadze, Kusov)
Resolved:
2.1. Approve the decision of the JCC on rehabilitation of economy in the zone of the Georgian-Ossetian conflict (see Annex 2).
2.2. Approve the text of the draft Agreement between the Governments of Russia and Georgia on mutual cooperation in rehabilitation of economy in the zone of the Georgian-Ossetian conflict and return of refugees (attached).
2.3. Ask the Governments of Russia and Georgia to consider the possibility of signing the said agreement at the third session of inter-state Russian-Georgian commission on the issues of economic cooperation.
3. On return of refugees
(Gambashidze, Chochiev, Kulumbegov, Yemelyanenko, Menemencioglu, Lacombe, Tibilov, Kolmogorov)
Resolved:
3.1. Take into consideration the information on performed works.
3.2. Approve the decision of the JCC on the process of implementation of the Procedure on voluntary return of refugees and IDPs as a result of the Georgian-Ossetian conflict to places of their previous permanent residence (see Annex 3).
3.3. Continue reviewing the stated issue at the next session of the JCC.
4. Miscellaneous
On participation of representatives of the European Commission in the works of the JCC in the form of observers during the discussion on the economic issues
(Kolmogorov, Machavariani, Tibilov, Kusov, Lacombe, Menemencioglu)
Resolved:
Agree with the proposal of the Mission of the OSCE (see Annex 4).
4.2. On indexation and payment of deposits of the population in the zone of the Georgian-Ossetian conflict.
(Machavariani, Tibilov, Makharaze, Bagiaev)
Resolved:
Approve the decision of the JCC on indexation and payment of deposits of the population in the zone of the Georgian-Ossetian conflict (see Annex 5).
4.3. On establishment of the workgroup on settlement the problem of land-utilization on contiguous territories in the zone of the Georgian-Ossetian conflict
(Tibilov, Machavariani, Gagloeva, Kolmogorov)
Resolved:
Approve the decision of the JCC on establishment of the workgroup on settlement the problem of land-utilization on contiguous territories in the zone of the Georgian-Ossetian conflict (see Annex 6).
4.4. On cargo transportation through itineraries between inhabited localities on the South Ossetian territory
(Machavariani, Tibilov, Kolmogorov)
Resolved:
Approve the decision of the JCC on cargo transportation through itineraries between inhabited localities on the South Ossetian territory (see Annex 7).
4.5. On the venue, date and agenda of the next session of the JCC.
(Machavariani, Kusov, Gambashidze, Tibilov, Kolmogorov)
Resolved:
Approve the proposal of the South –Ossetian party on holding the next session of the JCC in Vladikavkaz in November 1999.
Co-chairmen of the parties shall approve the agenda for the next session of the JCC along the way.
Note that in the process of the session of the JCC the South Ossetian party provided the members of the Commission with the statement. The Commission did not approve the statement for consideration.
V. Kolmogorov, Chairman of the Session, head of the Russian Part of the JCC
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)
Annex 1 To Protocol #10 of the JCC Session dated July 23, 1999
DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On the Activities of the JPKF. On Mutual Cooperation of Law Enforcement Organs of the Parties to the Georgian-Ossetian Conflict
the JCC having heard the report of the Commander of the JPKF in the zone of the Georgian-Ossetian conflict, Major General E. Churaev, believes that the peacemaking forces still remain to be the most important guarantor of peace and safety, and points out the positive contribution of the Mission of the OSCE in Georgia.
The situation in the zone of conflict remained stable. Crimes and incidents having place thereof did not have any ethnical nature. A positive tendency has been developed to improve the mutual cooperation of law enforcement organs of the parties.
The JCC resolved:
1. Approve Major General E. Churaev as the Commander of the JPKF in the zone of the Georgian-Ossetian conflict.
2. Approve the report of the Commander of the JPKF. Approve the changes to the system of functioning of the JPKF, and the issues to be resolved by peacemaking forces during the stable situation, and in the case of aggravation thereof.
3. At present, combat (military) duty shall be organized at the 10th post with the participation of tripartite observers.
– Georgian – 3 posts (Koda, Kurta, Eredvi);
– Ossetian – 4 posts (Sunisi, Didi Gromi, Tsinagari, Muguti);
– Russian – 3 posts (Avnevi, Artsevi, Eredvi).
Approve the decision of the Commander of the JPKF agreed with the chief military superiors and heads of local administration on temporary setting of four block-posts of peacemaking forces of the North Ossetian battalion for the period of Spring-Autumn works in villages of Tselisi, Ioncha, Ortevi and Kaleti until December 1, 1999.
The second paragraph of the decision of the JCC dated February 13, 1997 shall be eliminated.
4 Take into consideration the address of the Georgia side to Russian side with the request that when carrying out the next rotation of the Russian battalion to follow the current practice of its recruitment.
5. Approve the decision of the Commander of the JPKF on establishment of a joint commission for carrying our examination (testing) of the personnel of peacemaking battalions in the zone of the Georgian-Ossetian conflict.
6. Ask the Governments of Georgia and Russia to take actions for equipping the Georgian and North Ossetian battalions, respectively, with material and technical equipment, means of communication and arms in accordance with the chart. Take into account the budgetary financing for the future year.
7. The Commander of the JPKF, once every two weeks, shall inform the co-chairmen of the JCC about the issues related to the mutual cooperation and coordination of activities of law-enforcement organs of the parties in the zone of the Georgian-Ossetian conflict.
8. Take into consideration that the JPKF, together with the law-enforcement organs of Georgian and South Ossetian parties, shall continue taking all necessary measures for ensuring safety of the population and representatives of international organizations in the zone of conflict.
9. Approve the proposal of the workgroup of the JCC on peacemaking forces and law-enforcement organs with the purpose of efficient implementation of the provisions of the Java Protocol dated September 26, 1997 on “Mutual Cooperation between the Law-Enforcement Organs in the Zone of the Georgian-Ossetian Conflict”, and establish a special organ under the JCC for the purpose of normalization of criminal situation.
10. The parties shall prepare proposals on the provision regulating mutual cooperation of law enforcement organs and present this to co-chairmen of the JCC prior to September 10, 1999.
On behalf of the Russian side
On behalf of the Georgian side
On behalf of the South Ossetian Side
On behalf of the North Ossetian side
In the presence of: the OSCE Mission
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)
Annex 2 To Protocol #10 of the JCC Session dated July 23, 1999
DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On Rehabilitation of Economy in the Zone of the Georgian-Ossetian Conflict
The JPKF notes that the obligations on funding the works approved in accordance with the Agreement concluded between the Governments of Russia and Georgia on economic rehabilitation of the regions in the zone of the Georgian-Ossetian conflict dated September 14, 1993 (in the total amount of 34,2 billion Rubles with the prices as of June 15, 1992) have not been fully implemented. Take into consideration the statement of the parties about the fact that the Russian party allocated 19,1 billion Rubles, which was equivalent to 4,46 billion US Dollars, while the Georgian party allocated 2,4 million lari, which was equivalent to 1,92 million US Dollars.
The JCC resolved:
1. Apply to the Governments of Russia and Georgia with the request to continue funding of the works on economic rehabilitation of the regions in the zone of the Georgian-Ossetian conflict.
2. Approve the text of the draft agreement concluded between the Governments of Russia and Georgia in on the rehabilitation of economy in the zone of the Georgian-Ossetian conflict and return of refugees (attached).
3. Ask the Governments of Russia and Georgia to consider the issue regarding signing the stated agreement on the third session of the Inter-state Russian and Georgian Commissions on the issues of economic cooperation.
4. The parties shall establish a workgroup for the purpose of final agreement on the draft inter-state program of economic rehabilitation in the zone of the Georgian-Ossetian conflict.
Prior to November 10, 1999, present the above-noted draft program for approval to the heads of the parts of the JCC for the purpose of its further consideration and approval by the Governments of Russia and Georgia, in accordance with the inter-state procedures.
5. The parties shall present information on the process of implementation of the decisions of the ninth and tenth sessions of the JCC at the next session of the JCC.
On behalf of the Russian side
On behalf of the Georgian side
On behalf of the South Ossetian Side
On behalf of the North Ossetian side
In the presence of: the OSCE Mission
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)