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)

 

 

Annex 4 To Protocol #10 of the JCC Session dated July 23, 1999

DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT ETTLEMENTS On Participation of Representatives of the European Commission in the Works of the JCC in the Form of Observers During the Discussions about the Economic Issues.

In connection with the proposal of the Mission of the OSCE in Georgia about the participation of representatives of the European Commission in the work of the JCC in the form of observers during discussions about the economic issues,

The JCC resolved:

Agree with the proposal of the Mission of the OSCE in Georgia about the participation of representatives of the European Commission in the work of the JCC in the form of observers during discussions about the economic issues.

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 5 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 Indexation and Payment of Deposits to the Population of the Zone of the Georgian-Ossetian Conflict.

Taking into account the hard material (financial) condition of the population in the zone of the Georgian-Ossetian conflict, especially of veterans, 1st group invalids, and the situation that pursuant to the Order of President of Georgia, E. Shevardnadze, the indexation and payment to the above-noted category has already taken place in Georgia,

The JCC resolved:

Ask the Government of Georgia to find some sources for conducting indexation and payment of deposits to veterans and 1st group invalids in the zone of conflict.

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 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 establishment of the workgroup on settlement the problem of land-utilization on contiguous territories in the zone of the Georgian-Ossetian conflict

Taking into account the disagreement on the issues of land utilization on contiguous territories in the zone of the Georgian-Ossetian conflict, resolution of which requires participation of relevant government organs of the parties, the JCC recommends the Georgian and South Ossetian parties, with the participation of the JPKF ad the OSCE, to establish a workgroup for settlement of the problem of land utilization on contiguous territories in the zone of the Georgian-Ossetian conflict.

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 7 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 cargo transportation through itineraries between inhabited localities on the South Ossetian territory

At the present time, cargo transportation through the itineraries between inhabited localities and the South Ossetian territory is subject to customs examination and levying of other taxes at the Georgian customs posts located on the roads where cargo moves.

Taking into account the importance of cargo transportation for the life support of the inhabited localities, the JCC resoles:

Ask the Government of Georgia to consider the possibility of setting simplified regime of admission of national cargo transported between inhabited localities on the South Ossetian territory without customs examination and levying other taxes when having accompanying documents formed according to the set procedures.

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 1255 (30 JULY 1999) ADOPTED BY THE SECURITY COUNCEL

The Security Council,

Recalling all its relevant resolutions, in particular resolution 1225 (1999) of 28 January 1999, and the statement of its President of 7 May 1999 (S/PRST/1999/11),

Having considered the report of the Secretary-General of 20 July 1999 (S/1999/805),

Noting the letter of the President of Georgia to the Secretary-General dated 19 July 1999 (S/1999/809, annex),

Stressing that, notwithstanding positive developments on some issues, the lack of progress on key issues of a comprehensive settlement of the conflict in Abkhazia, Georgia, is unacceptable,

Deeply concerned at the continuing volatile situation in the conflict zone, welcoming in this regard the important contributions that the United Nations Observer Mission in Georgia (UNOMIG) and the Collective Peacekeeping Forces of the Commonwealth of Independent States (CIS peacekeeping force) continue to make in 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 continuing and increasing 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, 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,

1. Welcomes the report of the Secretary-General of 20 July 1999;

2. Demands that the parties to the conflict widen and deepen their commitment to the United Nations-led peace process, continue to expand their dialogue and contacts at all levels and display without delay the necessary will to achieve substantial results on the key issues of the negotiations;

3. Strongly supports the sustained efforts of 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 promote the stabilization of the situation and to give new impetus to the negotiations within the United Nations-led peace process in order to achieve a comprehensive political settlement, and commends the tireless efforts of the retiring Special Representative of the Secretary-General, Mr. Liviu Bota, in carrying out his mandate;

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. 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, and supports the intention of the Secretary-General and his Special Representative, in close cooperation with the Russian Federation, in its capacity as facilitator, the OSCE and the Group of Friends of the Secretary-General, to continue to submit proposals for the consideration of the parties on the distribution of constitutional competences between Tbilisi and Sukhumi as part of a comprehensive settlement;

6. Considers unacceptable and illegitimate the holding of self-styled elections in Abkhazia, Georgia;

7. Expresses its continuing concern at the situation of refugees and displaced persons, in particular those resulting 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 emphasizes, in this regard, that the lasting return of the refugees cannot be ensured without concrete results from the bilateral dialogue between the parties which produce the necessary security and legal guarantees;

9. Takes note with appreciation of the agreements reached at the meetings of 16-18 October 1998 and 7-9 June 1999, hosted respectively by the Governments of Greece and Turkey, aimed at building confidence, improving security and developing cooperation, and calls upon the parties to enhance their efforts to implement those decisions in an effective and comprehensive manner, notably at the prospective meeting in Yalta at the invitation of the Government of Ukraine;

10. 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 takes note with appreciation, in this context, of the substantial progress reported towards setting up a joint investigation mechanism for violations of the Agreement, as well as of the greater restraint exercised by the parties along the line of separation of forces;

11. Condemns the ongoing activities by armed groups, which endanger the civilian population, impede the work of the humanitarian organizations and seriously delay the normalization of the situation in the Gali region, reiterates its 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 January 2000, 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 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)

 

 

DECREE ISSUED BY THE GOVERNMENT OF THE RUSSIAN FEDERATION on declaring certain earlier Decrees of the Government of the Russian Federation no longer valid

The Government of the Russian Federation hereby decrees:

1. To declare below decrees the listed of the Government of the Russian Federation no longer valid. The Foreign Ministry of the Russian Federation shall notify Georgia about the adopted decision.

2. The State Customs Committee of the Russian Federation, the Ministry of Communications of the Russian Federation, and the Ministry of Transport of the Russian Federation are to take appropriate measures towards preparation of checkpoints “Adler-motorway” and “Adler-railway”.

Chairman of the Government of the Russian Federation V. Putin

9 September 1999

 

List of Decrees issued by the Government of the Russian Federation no longer Valid:

1. The Decree of the Government of the Russian Federation of 19 December 1994, No. 1394 “On measures on temporary restriction of the crossing of the State border of the Russian Federation with the Azerbaijan Republic and the Republic of Georgia”.

2. The Decree of the Government of the Russian Federation of 27 December 1994, #1419 “On lifting ce­­rtain restrictions proposed under the Decree of the Government of the Russian Federation of 19 December 1994 #1394 “On measures on temporary limitation of the crossing of the State border of the Russian Federation with the Azerbaijan Republic and the Republic of Georgia”.

3. The Decree of the Government of the Russian Federation of 7 July 1995, No. 707 “On lifting certain restriction within the Krasnodar Region of crossing the State border of the Russian Federation with Georgia proposed under the Decree of the Government of the Russian Federation of 19 December 1994 No 1394”…

4. The Decree of the Government of the Russian Federation of 26 August 1995, No. 840 “On partial amendment of the Decree issued by the Government of the Russian Federation of 19 December 1994 No 1394 “On measures on temporary restriction of the crossing of the State border of the Russian Federation with the Azerbaijan Republic and the Republic of Georgia”…

6. The Decree of the Government of the Russian Federation of 14 March 1997, No. 316 “On lifting the restrictions proposed by the Decree of the Government of the Russian Federation of 19 December 1994 No 1394 “On measures on temporary limitation of the crossing of the State border of the Russian Federation with the Azerbaijan Republic and the Republic of Georgia”…

9 September 1999

(Collection of the Legal Acts of the RF, M., 1999, # 38, p. 8634- 8635)

 

 

ACT on the National Independence of the Republic of Abkhazia

Abkhaz Statehood counts over 12 centuries of history. For centuries the people of Abkhazia have had to struggle to preserve their independence.

With the start of the disintegration of the Soviet Union, the people of Abkhazia have intensified their struggle for the lost State independence. The adoption on 25th August 1990 of the “Declaration of State Sovereignty” by the Supreme Council of Abkhazia was a first step to its restoration. The disruption of state-legal relations between Abkhazia and Georgia initiated by the Georgian authorities and the subsequent Abkhaz-Georgian war of 1992-1993 resulted in the independence of Abkhazia both de facto and de jure.

The Constitution of the Republic of Abkhazia, adopted by the Supreme Council of the Republic of Abkhazia on 26th November 1994, laid the legal basis to the already established the independent State - the Republic of Abkhazia (Apsny).

On 3 October 1999 a referendum was held to determine the attitude of citizens to the current Constitution. On the day of referendum there lived 219,534 citizens on the territory of Abkhazia eligible to vote, i.e. 58.5% of the pre-war number of electors. 87.6% of the registered electors took part in the referendum, which comprised more than half of the pre-war number of electors. 97.7% of them approved the Constitution currently in force.

In accordance of the Constitution and the Law of the Republic of Abkhazia on Referendum, democratic rule shall lay the ground of the state authority in the Republic of Abkhazia; the people shall exercise their power either directly by means of referendum or through their representatives. In this way the people of Abkhazia have reaffirmed their determination to pursue to the building of a sovereign, democratic State functioning in accordance with law, a subject of international law, and to seek its recognition by the international community.

The rights and freedoms proclaimed in the Universal Declaration of Human Rights, the International Covenants on Economic, Social and Cultural Rights, On Civil and Political Rights and other universally recognized international legal acts are among the most fundamental principles of the Constitutional system of the Republic of Abkhazia.

The Republic of Abkhazia intends to build up its relations with other States on the basis of equality, peace, good-neighbourly relations, respect for territorial integrity and sovereignty, non-interference in internal affairs, and other universally recognized principles of political, economic and cultural cooperation between States.

Proceeding from the aforementioned, we appeal to the UN, the OSCE, and to all States of the world to recognize the independent State established by the people of Abkhazia on the basis of the right of nations to free self-determination.

President of the Republic of Abkhazia V. Ardzinba

Speaker of the People’s Assembly of the Republic of Abkhazia S. Jinjolia

Deputies of the People’s Assembly of the Republic of Abkhazia

Sukhumi, 12 October 1999

(www.apsny.org)

 

 

JOINT STATEMENT OF THE RUSSIAN FEDERATION AND GEORGIAThe Russian Federation and Georgia,

Being guided by articles of 14.2.3 and 14.2.7 of the Decision of the Joint Consultative Group on adaptation of Treaty on Conventional Armed Forces in Europe (CFE) of March 30 1999,

Reaffirming their intention to fully implement provisions stipulated in the adapted Treaty on CFE,

Seeking to promote the process of development and strengthening of cooperative relations between the Russian Federation and Georgia,

Reached an agreement on the following:

1. The Russian Federation commits itself to reduce, no later than December 31, 2000, the level of its conventional forces, deployed on the territory of Georgia, so that total number of armaments shall not exceed 153 tanks, 241 combat infantry vehicles (CIV), AND 140 artillery systems.

2. No later than December 31, 2000 the Russian Federation shall withdraw its military equipment and weaponry from the Russian military bases deployed in Vaziani, Gudauta and repair utilities located in Tbilisi.

The Russian military bases located in Gudauta and Vaziani shall be disbanded and withdrawn from the territory of Georgia no later than July 1, 2001.

Within the same time-framework, an issue related to utilization, including joint utilization of the remained military objects and infrastructure of disbanded military bases shall be resolved.

3. The Georgian Side undertakes to grant the Russian Side a right of temporary deployment of its military equipment in the military bases in Batumi and Akhalkalaki.

4. The Georgian Side shall promote the process of creation of necessary conditions for reduction and withdrawal of Russian armed forces. In this regard, the Parties express the readiness of OSCE member-States to render financial support to that process.

5. Within 2000, the Parties shall complete the negotiation process on time-terms of withdrawal and pattern of functioning of military bases located in Batumi and Akhalkalaki and other military utilities on the territory of Georgia.

Istanbul, 17 November 1999

(Abkhaz Issue in Official Documents, part II, p. 332)

 

 

FROM THE DECLARATION OF THE OSCE ISTANBUL SUMMIT

15. Reaffirming our strong support for the sovereignty and territorial integrity of Georgia, we stress the need for solving the conflicts with regard to the Tskhinvali region/South Ossetia and Abkhazia, Georgia, particularly by defining the political status of these regions within Georgia. Respect for human rights and development of joint democratic institutions as well as the prompt, safe and unconditional return of refugees and internally displaced persons will contribute to peaceful settlement of these conflicts. We underscore the importance of taking concrete steps in this direction. We welcome progress reached at this Summit Meeting in the Georgian-Russian negotiations on the reduction of Russian military equipment in Georgia.

16. With regard to the Tskhinvali region/South Ossetia, Georgia, some progress has been made towards solving the conflict. We emphasize the importance of maintaining and intensifying the dialogue, which is now under way. In light of further progress, we believe that an early meeting in Vienna, with participation of experts from this region, should be used to take decisive steps towards a solution. The establishment by the parties concerned of a legal framework for refugee and internally displaced persons housing and property restitution will facilitate the early return of refugees and internally displaced persons to the region. We also urge the early signing of the Georgian-Russian economic rehabilitation agreement and encourage further international economic assistance.

17. We continue to support the leading role of the United Nations in Abkhazia, Georgia. We emphasize the importance of breaking the current deadlock with regard to finding a peaceful solution to the conflict. In this respect we - and in particular those of us who belong to the Friends of the United Nations Secretary-General - are ready to work with the United Nations to prepare and submit a draft document addressing the distribution of constitutional competencies between the central authorities of Georgia and authorities of Abkhazia, Georgia. We reiterate our strong condemnation as formulated in the Budapest and Lisbon Summit Documents, of the “ethnic cleansing” resulting in mass destruction and forcible expulsion of predominantly Georgian population in Abkhazia, Georgia, and of the violent acts in May 1998 in the Gali region. In light of the precarious situation of the returnees, we recommend that a fact-finding mission with the participation of the OSCE and the United Nations be dispatched early next year to the Gali region to assess, inter alia, reported cases of continued “ethnic cleansing”. Such a mission would provide a basis for increased international support for the unconditional and safe return of refugees and internally displaced persons and contribute to the general stability in the area. We consider the so-called presidential elections and referendum in Abkhazia, Georgia, this year as unacceptable and illegitimate.

Istanbul, 19 November 1999

(www.osce.org)

 

 

DECREE ISSUED BY THE PARLIAMENT OF GEORGIA on Recognition of the Mandate of the Members of the Parliament of Georgia

Having discussed the motion of the Ad Hoc Mandate Commission of the Parliament of Georgia, the Parliament of Georgia decrees:

1. To recognize the mandate of 221 members of the Parliament of Georgia elected on 31 October, 7 and 14 November of 1999

2. In accordance with article 59 of the organic law of Georgia on “Elections to the Parliament of Georgia”, to endorse the mandate of members of Parliament elected from Abkhazia during the elections to the Parliament of Georgia in 1992. Within three month, the competent committee of the Parliament of Georgia must prepare draft resolution on the members of Parliament elected from Abkhazia. At the same time, in accordance with paragraph 2 of article 52 of the Constitution of Georgia, to consider valid a draft resolution of the Parliament of Georgia issued on 10 September 1999 with regard to B.Kakubava -a member of the Parliament of Georgia.

3. This Decree shall come into effect immediately upon publication.

Chairman of the first Session of the newly elected Parliament of Georgia I. Kharatishvili

20 November 1999

(Newspaper “Sakartvelos Respublica”, # # 316-317, November 21 1999)

 

 

STATEMENT OF THE PARLIAMENT OF GEORGIA

The parliament of Georgia expresses surprise and indignity with the statement made by the Ministry of Foreign Affairs of Russia on December 21, 1999. The official authorities in Moscow have already repeatedly made absolutely unjustified accusations against Georgia. hey blamed Georgia of equipping with weapons and assisting financially the Chechen side that does not correspond to the reality rementation

The Georgian side has several times confirmed its readiness to receive the observers from the Russian Federation at the Chechen stretch of the Russian-Georgian border so that Government of the Russian Federation aforementioned turned out to be unacceptable for the Russian side, as its actual goal was the usage of the territory of Georgia like the bridgehead for Georgia, as to the independent and Sovereign State. Such an action would have caused the expansion of the seat of war to the territory of Georgia and the involvement of Georgia and the whole South Caucasus in the military operations.

It’s groundless to declare that the OSCE mission has identified the presence of the Chechen fighters on the territory of Georgia. Actually none of such facts have been mentioned in the OSCE reports.

The accusation of Russia that the Representative of the Republic of Ichkerya Mr. Khizry Aldamov receives top level treatment by the Georgian Governmental officials does not answer the realty. In this regard it would be bizarre to speak about this whereas Mr. Akhba, the permanent representative of the separatist regime of Abkhazia, has regular meetings and consultations with high rank officials of the Russian Government.

Georgia recognizes the territorial integrity of Russia, does not intervene in Russia1s internal affairs and respect its sovereignty. This has been confirmed many times, in particular, by the unilateral ratification of the Framework Treaty between Russia and Georgia.

Georgia recognizes the necessity to fight against terrorism and aggressive separatism and believes that adequate measures must be taken to this purpose as it is impossible to eradicate terrorism by the full-scale military operation which brings suffering mostly to the peaceful population.

Georgia respects the fundamentals of the modern International Humanitarian Law and despite the presence of more than 300 thousand IDPs in the country, it has to receive the citizens of Russia who have fled from the conflict zone. The absolute majority of the refugees are women and children. In addition, the Georgian side suspects that Russian side artificially masterminded the flow of refugees from Chechnya in order to create an additional seat of instability in Georgia.

The Parliament of Georgia considers that the groundless mentioning of the name of the international terrorist Ben Laden in the context of Georgia is meant to mislead the world society and to create a negative public opinion about Georgia seem embarrassing, whereas Russia protects Igor Giorgadze, suspect in the terrorist attack on the President of Georgia, and systematically offers him the different means of media.

The aforementioned is one more vivid confirmation of double standards of Russian policy towards Georgia though Georgia is committed to its consistent policy towards the Russian Federation. The creation and inspiration, as well as political-military support of aggressive separatism in Abkhazia is the "best' example of double standard Russian policy.

The Parliament of Georgia considers all accusations leveled by Russia as absurd ones and remonstrates against those aggressive actions committed against Georgia under the pretext of the solution of the conflict in Chechnya-regular violation of the Georgian air space by the Russian aviation, bombing of the sovereign Georgia, anti-Georgian hysteria in Russian Mass Media-only feeds further deterioration of the Russian-Georgian relations and deepens the existing gap between Moscow and Tbilisi.

The Parliament of Georgia regards the recent anti-Georgian actions, among them the aforementioned statement made by the Foreign Affairs Ministry of Russia, as attempts to lay ground for destabilization not only in Georgia, but in the whole South Caucasus. The information available to the Georgian Government, as well as the statement of a high-rank Russian General Victor Kazantsev made on 21 December in Mozdoc about the possible terrorist acts against the top Georgian officials, leads to the same conclusion.

The Parliament of Georgia expresses its firm protest regarding the statement of the Ministry of Foreign Affairs of Russia and hopes that the Russian Authorities will not spare efforts to stamp out the anti-Georgian campaign, therefore making constructive and equal relationship between the two neighboring countries possible. Otherwise, the Parliament of Georgia declares that the authorities of Russian Federation will bear full responsibility for further deterioration of relations between Russia and Georgia.

Tbilisi, 24 December, 1999

(Archive of the Parliament of Georgia/in Georgian)

 

 

2000

PROTOCOL OF THE 9TH SESSION OF THE COORDINATING COUNCIL OF THE GEORGIANAND ABKHAZ SIDES

9th session of the Coordinating Council, founded on the basis of the Georgian and Abkhaz Sides November 1997 Geneva Meeting’s Final Declaration, took place in Tbilisi on January 18-19 2000 under the auspices of the UN Organization and Chairmanship of the special representative of the UN Secretary-General Mr. Dieter Boden and with participation of the Representatives of the Russian Federation as a facilitating side, the Organization for Security and Cooperation in Europe (OSCE), the states of the Group of Friends of the UN Secretary General - Germany, the Russian Federation, the United Kingdom, the United States of America and France as observers.

The Head of the Georgian delegation was Mr. Vazha Lordkipanidze.

The Head of the Abkhazian delegation was Mr. Vyacheslav Tsugba.

When opening the session, the special representative of the UN Secretary General said that the present meeting took place on the eve of such important political events as the session of the UN Security Council and the CIS Summit, where would be discussing the issues of the conflict settlement. He emphasized that the conflict settlement required permanent dialogue and effective usage of all the negotiation tools, including the Coordinating the Coordinating Council.

The following items were included in the agenda:

1. The issues on adherence to the cease-fire and problems of security.

2. Refugees and Internally Displaced People (IDPs).

3. Economic and Social Problems.

4. Miscellaneous.

The Sides adopted a declaration.

The representatives of the Russian Federation as a facilitating side, the OSCE and states, the states of the Group of Friends of the UN Secretary took part in the discussion. The information, distributed by the acting Head of the UNOMIG and the Head of the CIS Peacekeeping Forces about the situation in the conflict zone stated that the situation was relatively quiet.

During the session the sides agreed and signed the Minutes on the joint group on reveal and investigation of the facts of breach of Moscow agreement of May 1994 and other politically motivated illegal actions (attached).

The Council adopted the following decisions:

1. The sides shall discuss on 8 February 2000 and fix the specific date of re-burial of the Georgians’ remains from Babushera (statement is attached).

2. To entrust working group #1 to elaborate and submit to the Coordinating Council proposals on establishment of mechanisms for the settlement of hostage problems from both sides.

3. To approve the decision of the working group # 3 regarding the operation of Enguri power station.

4. Sides shall resume the negotiations under the UN auspices and facilitation of the Russian Federation on the projects of peace agreements and guarantees for prevention of the armed conflicts and Minutes on return of refugees to Gali region and the measures for the economic revival.

5. To confirm the deliberation for the next meeting of the sides and ask the special representative of the UN Secretary General to conduct the necessary work for the preparation of such meeting, taking into account the confidence building measures made by UNOMIG. The gratitude was expressed to the Government of Ukraine for offering Yalta as the place for such meeting.

6. To convene the next 10th session of Coordinating Council in the second half of April 2000.

18-19 January 2000

(Archive of the Staff of the Minister of Georgia on Special Affairs)

 

 

PROTOCOL ON THE JOINT GROUP (JG) on detection and investigation of the facts of violation of the Moscow Agreement of 14 May 1994 and on the politically motivated unlawful activities

1. legal basis

1. 1. Agreement on a Cease-fire and separation of Forces signed in Moscow on 14 May 1994 (Moscow Agreement)

1. 2. Decision of the 5th Session of the Coordinating Council (paragraph 2), held on 2 September 1998.

1. 3. The First Working Group of the Coordinating Council on non-resumption of armed activities and security issues is responsible to set up and run the JG, can be convened by the Head Military observer of the UNOMIG on behalf of the Special Representative of the UN Secretary General.

1. 4. This Protocol is aimed at elaborating the procedures for functioning of the JG. It is meant that the basic principle will be immediate detection and investigation of the fact and circumstances of the incident.

1. 5. All members of the JG shall refrain themselves from the activity that is not in compliance with the nature and tasks of work.

2. Composition

2. 1. JG comprises of the nominated representatives of the Georgian and Abkhaz sides (3 from each) and the representatives of the UNOMIG and CPKF of the CIS.

2. 2. The verification shall be started with participation of the sides’ representatives and the representative of the side where incident took place must be present.

The refusal of the side in the process of verification shall be discussed at and adequately assessed by the session of the Coordinating Council.

2. 3. The report on the results of verification shall describe the reasons of absence of the side, which didn’t participate in the process of verification.

2. 4. The person in a highest position at the UNOMIG is the head of the JG.

3. Competences.

3. 1. The Joint Group will investigate the facts of violation of the Moscow Agreement of 14 may 1994, subversive and terrorist acts, as well as unlawful conduct against the peaceful population.

Presence of the political motivation of subversive and terrorist acts, as well as of unlawful conduct against the peaceful civilians will be determined by the JG in the report of the Principal Military observer of the UNOMIG based on the decision taken through the consensus.

3. 2. After receiving the declaration on the facts of violation of the Moscow Agreement of 14 May 1994, the JG exercises its competences in the Security zone and in the restricted-weapon Zone, and the declaration on political motivation of the subversive and terrorist acts, as well as unlawful conduct against the peaceful civilians- in the Security Zones.

3. 3. The Joint Group submits the recommendations to the Coordinating Councel and to the Sides on possible means to prevent the further incidents.

4.Convocation.

4. 1. The Chief Military observer of the UNOMIG convenes the JG when necessary and upon the request of any side of the conflict or CPKF of the CIS.

4. 2. The member of the JG shall inform the PMO UNOMIG about the nature of the incident.

4. 3. Upon the receipt of the declaration the PMO UNOMIG, if necessary, taken measures to convene the members of the JG at the scene of incident.

5. Communication and interaction.

5. 1. The Sides-member of this Protocol shall submit the written approval on assignment of the Group members within 7 days after the signing of the protocol.

5. 2. The Sides-member of this Protocol shall nominate liaison officers to keep contact and those who could be involved in the operation of the JG.

5. 3. The law-enforcement agencies of the side where the incident took place shall protect the incident scene in coordination with the CPKF of the CIS and UNOMIG before arrival of the JG.

If the SPFK of the CIS or the UNOMIG recceive the information regarding an incident before law-enforcement agencies of the sides, they shall protect the scene of incident and

potencial evidence with further notification of local authorities.

6. Functioning of the JG

6. 1. The appointed members of the JG shall enjoy the authority on free movement to the place of incident.

6. 2. The Joint Group comes to the incident scene in order to collect the information that may include photos, drawings and interview of eyewitnesses.

6. 3. CPKF of the CIS in coordination with the representatives of the Side shall assure the security of the JG members while they are attending the incident scene.

6. 4. The UNOMIG shall provide English interpreter for the work of the JG.

6. 5. The conclusions and recommendations of the JG shall be reflected in the written report. The report shall be submitted to the UNOMIG and all the JG members approve the accuracy of the report upon its completion.

If any of the JG member doesn’t agree with the prepared report, after signing the report by other members, she/he shall give detailed written explanation of the disagreement together with alternative conclusions.

7. Conclusions

7. 1. The original of the written report shall be forwarded to the PMO UNOMIG and to the Coordinating Council for further discussion.

From the Georgian Side V. Lordkipanidze

From the Abkhaz Side V. Tsugba

From the UNOMIG D. Boden

From the CPKF of the CIS S. Korobko

19 January 2000

(Archive of the Staff of the Minister of Georgia on Special Affairs)

 

 

STATEMENT OF THE STATE COMMISSIONS OF ABKHAZIA AND GEORGIA on Search for those Persons Missing without Missing

Expressing their readiness for close cooperation and aiming at speeding up the process of search for those persons missing without trace from both sides, representatives of the State Commissions of Abkhazia and Georgia have agreed upon the following:

1. On February 8, 2000 the Parties shall discuss and determine time-table for reburial of the remains of Georgians perished in Babushera.

2. Simultaneously with this process, the Georgian side shall submit the map of burial places of those Abkhazs missing without trace.

3. The Commissions of both parties are concerned due to the situation established around the problem of hostages, and against the background of the situation, continuation of the work of the Commissions is impossible. In this regard, the Commission appeals to the Coordination Council with a request of rendering support in terms of speedy release of the hostages.

4. With regard to the huge problems facing the Parties in identification of remains of those perished, the State Commissions appeal to the Coordination Council, to the group of friends of the UN Secretary General, as well as to the International Committee of Red Cross, to other international humanitarian organizations to render technical assistance. Solution of this extremely difficult issue would contribute to easing the pain and suffering of hundreds of mothers waiting for their sons.

On behalf of the Abkhaz Side Mr. Otar Kakalia

On behalf of the Georgian Side Mr. Avtandil Ioseliani

19 January 2000

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

RESOLUTION 1287 (31 January 2000) Adopted by the UN Security Council

The Security Council,

Recalling all its relevant resolutions, in particular resolution 1255 (1999) of 30 July 1999, and the statement of its President of 12 November 1999 (S/PRST/1999/30),

Having considered the report of the Secretary-General of 19 January 2000

(S/2000/39),

Recalling the conclusions of the Lisbon (S/1997/57, annex) and Istanbul summits of the Organization for Security and Cooperation in Europe (OSCE) regarding the situation in Abkhazia, Georgia,

Stressing that the lack of progress on key issues of a comprehensive settlement of the conflict in Abkhazia, Georgia, is unacceptable,

Welcoming the results of the ninth session of the Coordinating Council of the Georgian and Abkhaz sides held under the chairmanship of the Special Representative of the Secretary-General, with the participation of the Russian Federation in its capacity as facilitator and of the Group of Friends of the Secretary-General and of the OSCE, in Tbilisi on 18 and 19 January 2000, in particular the signing by the parties of the protocol establishing a mechanism for joint investigation of violations of the Moscow Agreement of 14 May 1994 on a Ceasefire and Separation of Forces (S/1994/583, annex I) and other violent incidents in the zone of conflict, and their decision to renew negotiations under United Nations auspices and with the facilitation of the Russian Federation on the draft agreement on peace and guarantees for the prevention of armed confrontations and on the preparation of a draft of a new protocol on the return of refugees to the Gali region and measures to restore the economy,

Welcoming the decision on further measures for the settlement of the conflict in Abkhazia, Georgia, adopted by the Council of Heads of State of the Commonwealth of Independent States on 30 December 1999 (S/2000/52), 00-27043 (E),

Deeply concerned that, although currently calm, the general situation in the conflict zone remains volatile,

Welcoming and encouraging efforts by the United Nations to sensitize peacekeeping personnel in the prevention and control of HIV/AIDS and other communicable diseases in all its peacekeeping operations,

Recalling the relevant principles contained in the Convention on the Safety of United Nations and Associated Personnel adopted on 9 December 1994,

Welcoming the important contributions that the United Nations Observer Mission in Georgia (UNOMIG) and the Collective Peacekeeping Forces of the Commonwealth of Independent States (CIS peacekeeping force) continue to make in 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 continuing and increasing close cooperation and coordination between them in the performance of their respective mandates,

1. Welcomes the report of the Secretary-General of 19 January 2000;

2. Encourages the parties to seize the opportunity of the appointment of a new Special Representative of the Secretary-General to renew their commitment to the peace process;

3. Strongly supports the sustained efforts of 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 promote the stabilization of the situation and the achievement of a comprehensive political settlement, which includes a settlement on the political status of Abkhazia within the State of Georgia;

4. Reiterates its call for the parties to the conflict to deepen their commitment to the United Nations-led peace process, continue to expand their dialogue, and display without delay the necessary will to achieve substantial results on the key issues of the negotiations, in particular on the distribution of constitutional competences between Tbilisi and Sukhumi as part of a comprehensive settlement, with full respect for the sovereignty and territorial integrity of Georgia within its internationally recognized borders;

5. Reiterates also that it considers unacceptable and illegitimate the holding of self-styled elections and referendum in Abkhazia, Georgia;

6. Calls upon the parties to continue to enhance their efforts to implement fully the confidence-building measures on which they agreed at the Athens and Istanbul meetings of 16-18 October 1998 and 7-9 June 1999 respectively, and recalls the invitation of the Government of Ukraine to host a third meeting aimed at building confidence, improving security and developing cooperation between the parties;

7. Reaffirms the necessity for the parties strictly to respect human rights, and supports 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;

8. 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 (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, including those who have already returned;

9. Demands that both sides observe strictly the Moscow Agreement;

10. Welcomes UNOMIG keeping its security arrangements under constant review in order to ensure the highest possible level of security for its staff;

11. Decides to extend the mandate of UNOMIG for a new period terminating on 31 July 2000, 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 expresses its intention to conduct a thorough review of the operation at the end of its current mandate, in the light of stepstaken by the parties to achieve a comprehensive settlement;

12. Requests the Secretary-General to continue to keep the Council regularly informed and to report three months from the date of the adoption of this resolution on the situation in Abkhazia, Georgia;

13. Decides to remain actively seized of the matter.

(www.un.org/docs)

 

 

PROTOCOL OF THE SUKHUMI MEETING BETWEEN THE GEORGIAN AND ABKHAZ SIDES on the Implementation of the Protocol of 24 September 1998 and Other Measures Aimed at Stabilization of the Situation in the Security zones and Limited Weaponry

In accordance with an Agreement of 14 May 1994, Statement of 14 August of 1997, Protocol of 25 May 1998, Protocol of 24 September 1998, and Protocol of 21 December 1998, during this period the Parties have fulfilled a number of pledged commitments.

Namely, point 2 of the Protocol of 21 September 1998 on clarification of the demarcation line in villages of Nabakevi - Khurcha and Otobaia - Gamakhuri between the armed formations of the sides to the conflict has been fulfilled.

In accordance with point 3 of this Protocol, permanent operative communication between the heads of Zugdidi and Gali Administrations are kept.

In addition, on 19 January 2000 the Sides to the conflict signed in Tbilisi a Protocol on establishment of a joint group on investigation of the politically motivated crimes. The group has started its activities.

However, the operative situation in the security zones and limited weaponry remains rather tense. There are a lot of cases of subversive activities and terrorist acts. In most cases, the victims of these illegal activities are law enforcement officers and civilian population.

The practice of taking hostages has become commonplace.

The point 1 of the Protocol of 24 September 1998, according to which the Parties were obliged to reduce their military presence in the security zones and limited weaponry to the number, laid down in the Moscow Agreement of 14 May 1994 has not been implemented.

All the aforementioned constitute a serious threat of the resumption of confrontation between the parties.

Acting in the spirit of signed agreements on refusal to use force or threat of use of force, the Parties have agreed on the following:

1. Based on the point 1 of the Protocol of 24 January 1998, the Parties, together with the CIS Peace-Keeping Forces and the UNOMIG, commit themselves to calculate within a month the number of military personnel and weaponry in the security zones and limited weaponry and bring it down to the level agreed before and shall not allow the further exceed.

2. The Parties, together with the CIS Peace-Keeping Forces and the UNOMIG shall undertake within a month all appropriate measures to withdraw from the zones of security and limited weaponry all illegal armed groups and individuals.

3. Within two-month term the Parties shall release all the hostages taken by the armed formation from December 1999 to January 2000.

Within the same time limit the Georgian side shall transfer to the Abkhaz side the bodies the individuals perished on 25 January 2000.

4. The Parties undertake to realize the point 3 of the Protocol of 21 December 1998 on the establishment of permanent telephone “hotline” between the heads of the Gali and Zugdidi Administration and between the field commanders acting in the security zones and limited weaponry, and in conformity with the point 4 of the same Protocol to settle the issue of rotation of armed formations dislocated along the dividing line.

5. Pursuant to the Gagra Protocol of 25 May 1998 the Parties commit themselves to undertake all necessary measures to prevent penetration of criminal armed formations and individuals into the security zones and limited weaponry.

6. In order to guarantee the implementation of the provisions of this Protocol, the Parties commit themselves to maintain permanent connection and if necessary, to undertake joint measures.

From the Georgian Side Mr. V. Lordkipanidze

From the Abkhaz Side Mr. V. Tsugba

From the UN Mr. D. Boden

From the CIS Peace- Keeping Forces Mr. S. Korobko

3 February 2000

(Newspaper “Respublica Abkhazia”,# 14, 9-10 February 2000)


PROTOCOL OF CONSULTATIVE MEETENG OF EXPERTS OF GEORGIAN AND RUSSIAN SIDES on Introduction of Visa Regime between Georgia and the Russian Federation

On 18-20 April 2000 a preparatory consultative meeting between the experts of Georgian and Russian Sides on the issue of introduction between Georgia and the Russian Federation took place in Tbilisi.

During the meeting, the following issues have been discussed:

- The compliance of draft of legal acts submitted to the Georgian side “Agreement between the Government of the Russian Federation and the Executive Authorities of Georgia on Mutual Trips of Citizens” and “Protocol between the Government of Russian Federation and Executive Authorities of Georgia on Simplified Patterns of the Russian-Georgian Border for Citizens Living in the Adjacent to the Border Territories” with the “Agreement on Vise-Free Movement of Citizens of the CIS Member—States on the whole Territory of Commonwealth of Independent States” - signed on 9 October 1992 in Bishkek;

- The problems related to visa provision for servicemen of the Russian Federation and members of their families temporarily residing on the territory of Georgia;

- Practical implementation of provisions of the aforementioned drafts of the Agreement and the Protocol in the zones of conflict on the territory of Georgia and in the regions of anti-terrorist operation on the territory of the Russian Federation.

As a result of exchange of points of view, the Sides fixed the following positions:

1. The Georgian Side considers that introduction of the visa regime between the two States runs counter to the “Agreement on Visa-Free Movement of Citizens of the CIS Member—States on the whole Territory of Commonwealth of Independent States” - signed on 9 October 1992 in Bishkek and the Vienna Convention “On the Right of International Agreements” and shall not contribute to development of relations between the two States and integration process within the Commonwealth of Independent States. At the same time, respecting the right of the Russian Federation to initiate this issue, the Georgian Side asks the Russian Federation to provide information with regard the legal compliance of the draft Agreement with the aforementioned international-legal documents.

The Georgian Side considers that the existing legal basis does not allow to fully implement all the necessary measures in terms of protection of legitimate rights and interests of the two States and their citizens within the framework of the visa-free regime.

The Russian Side, bearing in mind substantial violations on the part of the Georgian Side some provisions of bilateral and multi-lateral agreements and treaties, and the sheer necessity to activate anti-terrorist struggle, illegal migration and organized crime, as well as an idea of introduction of visa regime put forward by the Georgian Side (namely by Mr. R.Adamia and Mr. V. Chkeidze) insists on starting comprehensive negotiation on introduction of visa regime between the Russian Federation and Georgia. The Russian Side believes that introduction of visa regime shall contribute to positive development of bilateral relations.

The Georgian Side underlines that as a mere response on the part of Mr. R. Adamia and Mr. V. Chkeidze to a statement of Mr. Seleznev, in which he called upon the Government of the Russian Federation to close the border between the two States, neither the statement of Mr. Adamia and Mr. Chkeidze, nor statement of Mr. Seleznev, are not tantamount to the official positions of the Sides.

In addition, the Georgian Side cannot agree to allegations that it has committed any substantial violations of international law and points out that the aforementioned arguments put forward by Russian representatives, cannot be used as feasible reasons for introduction of a visa regime.

2. The Georgia Side expressed its point of view that in case of introduction of visa regime between the Sides, the Russian servicemen and members of their families must be subject to the same rules and regulations as other foreigners and doe not see any ground and rational to grant some privileges to this category of citizens of the Russian Federation.

The Russian side disagreed with the aforementioned stance of the Georgian side and based on the fact of temporary presence of this category of Russian citizens on the territory of Georgia, defined by the Agreement concluded between the Ministry of Defense of the Russian Federation and Ministry of Defense of Georgia in 1992 on coordination of activities aimed at guaranteeing security of military units of the Russian Federation on the territory of the Republic of Georgia, and considers it necessary to maintain non-visa regime for that category of citizens of the Russian Federation.

In case of introduction of visa regime, the pattern of entry of Russian servicemen and their family members can be regulated by the offered draft Agreement on bilateral trips of citizens of the Russian Federation and Georgia, that has been submitted to the Georgian side.

Meanwhile, the Russian Side informed that in the nearest future those Russian servicemen and their families who are on the territory of Georgia would be provided with service passports of the Russian Federation.

In case if the Georgian side insists on necessity for the Russian servicemen to get visa, the Russian side is going to review the article 3 of the draft Agreement.

3. The Georgian Side believes that the existence of only one check point along the state border between Georgia and the Russian Federation and the absence of bilateral control over zones of conflict adjacent to the state border between the Russian Federation and Georgia will not allow the Sides to fully implement goals and objectives of introduction of visa regime offered by the Russian Side.

The Russian Side declared about the possibility of securing proper control over crossing of the Georgian-Russian border by citizens of the two States in conformity with the “Agreement between the Government of the Russian Federation and the Executive Authorities of Georgia on Mutual Trips of Citizens” and “Protocol between the Government of Russian Federation and Executive Authorities of Georgia on Simplified Patterns of the Russian-Georgian Border for Citizens Living in the Adjacent to the Border Territories”. In addition, the Russian Side declared its readiness to carry out negotiations on opening of additional check points in order to secure easier crossing of Georgian-Russian border by the population living in adjacent to the border territories.

The Russian Side insistently requests the Georgian Side to respond, as soon as possible, to the draft Agreement and draft Protocol that have been submitted to the Georgian Side previously.

The Consultative meeting, according to both sides, has been held in the atmosphere of frankness and good will. The Sides agreed to inform their respective State authorities, as soon as possible, about this consultative meeting and to propose the idea of continuation of consultation. Time-terms of the future meetings will be discussed separately.

In the course of the meeting, a number of consultative-legal issues have been addressed and discussed.

On behalf of the Georgian Side Z.Tinikashvili

On behalf of the Russian Side M. Torshin

20 April 2000

(Archive of the Ministry of Foreign Affairs)

 

 

PROTOCOL OF THE GALI MEETING BETWEEN THE GEORGIAN AND ABKHAZ SIDES on the issues of stabilization of the situation in the security

As a response to the aggravating situation in the security zone, a meeting under the chairmanship of Mr. Dieter Boden, Special Representative of the UN Secretary-General, with the participation of Mr. Anis A. Bajwa, Chief Observer of the UNOMIG and Mr. Sergey Korobko, the Commander-in-Chief of the CIS Peace-Keeping Forces, took place on 3 May 2000 in Gali district.

In the course of this meeting the sides committed themselves to the principal of non-use of military force. Any disputed issues shall be solved only by peaceful means through negotiations.

Guided by the Moscow Agreement of 14 May 1994, the Statement of 14 August 1997, the Protocol of 24 September 1998, the Protocol of 21 December 1998, the Protocol of 19 January 2000, and the Protocol of 3 January 2000, the sides agreed on the following:

1. The sides commit themselves not to allow any propaganda of military solution of the conflict.

The sides will initiate the criminal prosecution against the individuals calling for the unlawful actions based on the political motivation.

2. Overall strength of armed formations of each side, including the police and militia, and located in the security zone, will not exceed 600 persons. The parties are allowed to exceed this limit only after giving preliminary notice of the other side to the conflict, General Headquarters of the CIS Peacekeeping Forces and the Chief Military Observer of the UNOMIG.

The CIS Peace-Keeping Forces and the UNOMIG observers will carry out permanent monitoring to make sure that the manpower of the sides dislocated in the security zone does not exceed the agreed limit.

3. The sides will set up three-man groups, composed of representatives of the respective Ministries of Interior, Security and Prosecutor’s offices. These groups will carry out permanent control over the situation in the security zone and undertake all urgent measures aimed at resolution of existing conflict situations. If necessary, heads and deputies of the aforementioned law-enforcement bodies will involve themselves in the working groups.

These groups will cooperate in their struggle against illegal trafficking and other criminal offences committed by the organized criminal bands operating in the security zone.

4. The sides will exchange on regular basis list of those offenders who have committed crimes in the security zone and absconded on the territories controlled by the sides. In addition, the Parties will undertake all necessary measures to arrest and prosecute the persons involved in unlawful activities.

5. Leaderships of the Prosecutor’s offices of the sides concerned will nominate one representative each, responsible for a timely implementation of the work of investigation groups on politically motivated offences.

On Behalf of the Georgian Side G. Arsenishvili

On Behalf of the Abkhaz Side V. Tsugba

On Behalf the UN On Behalf the CIS Peace-Keeping Forces S. Korobko

11 July 2000

(Archive of the Staff of the Minister of Georgia on Special Affairs)

 

 

PROTOCOL OF THE 10TH SESSION OF THE COORDINATING COUNCIL OF GEORGIAN AND ABKHAZ SIDES

The 10th session of the Coordinating Council, founded on the basis of the Georgian and Abkhaz sides November 1997 Geneva Meeting’s Final Declaration, took place in Sukhumi on July 11, 2000 under the auspices of the UN Organization and Chaired by the special representative of the UN Secretary General Mr. Dieter Boden with participation of representatives of the Russian Federation as a facilitating side, the OSCE and states, included in the Group of Friends of the UN Secretary General, Germany, the Russian Federation, the United Kingdom, the United States of America and France as observers.

The Head of the Georgian delegation was Mr. Giorgi Arsenishvili.

The Head of the Abkhazian delegation was Mr. Vyacheslav Tsugba.

When opening the session the special representative of the UN Secretary General said that the meeting took place after 6 months’ break and this was an evidence of inefficient usage of Geneva peaceful process negotiation tools, aimed at the broad-scale settlement of the conflict. He stressed that the current session was an indicator of the renewal of negotiation process.

The following items were included in the agenda:

1. The issues on adherence to the cease-fire and problems of security.

2. Refugees and Internally Displaced People (IDPs).

3. Economic and Social Problems.

4. Miscellaneous.

The Representatives of the Sides made statements. The representatives of the Russian Federation as a facilitating side, the OSCE and states, included in the Group of Friends of the UN Secretary General took part in the discussion. The Head of the UNOMIG and the Head of the CIS Peacekeeping Forces distributed the information about the situation in the conflict zone. The session of the Council included plenary sessions and separate bilateral meetings of working groups.

At the session the “Protocol on Gali Meeting of Georgian and Abkhaz sides on stabilization of situation in the Security Zone” was agreed and signed (attached).

The Council adopted the following decisions:

1. Within one month the sides shall conduct preparatory work for signing two documents: “Protocol on return of refugees to Gali region and measures for the revival of economy”, “Agreement on peace and guarantees for preventing armed conflicts”, taking into consideration the opinion of the representative of Russian Federation.

2. The sides took into consideration document of the UNOMIG on confidence building measures (attached). The sides committed themselves to submit to the Special Representative within two weeks their own proposals regarding the complete realization of already agreed confidence measures. The Council welcomes the invitation of the Government of Ukraine to hold the third meeting on confidence building in Yalta in autumn 2000.

3. To take into consideration issues raised by Abkhaz side about the travelling documents for people residing in Abkhazia.

4. To take immediate measures for realization of provisions of “Protocol on Gali Meeting of Georgian and Abkhaz sides on the stabilization of situation in the Security Zone”. To conduct monthly meetings of the Working group #1 under chairmanship of the Head of the UNOMIG and to hear the reports at these meetings from both sides, UNOMIG and Peacekeeping Forces on the implementation of the aforementioned Protocol. The First Session of the working group #1 shall be hold in mid August 2000.

5. To take into consideration reports of the Head of the UNOMIG and the Head of Peacekeeping Forces on security situation in the conflict zone, as well as recommendation on intensification of the performance of the joint group.

6. To continue the active cooperation within the framework of Energy Working Commission.

7. To call the sides for continuation of negotiations and achieving consensus on specific economic issues in the nearest future.

8. To welcome the agreement of PRUN on continuation of financial assistance to support the operation of Georgian-Abkhaz Coordinating Commission.

9. To approve declarations of Abkhaz and Georgian State commissions for searching the missing people (attached).

10. To welcome the initiative of the Government of Georgia, and especially of the National Library, to give Abkhaz side the books and other documents, referring Abkhazia. The Council called both sides for continuation of cooperation in this sphere and asked to UNOMIG for continuation of the support.

11. To convene 11th session of the Coordinating Council no later than in the first half of 2000.

11 July 2000

(Archive of the Staff of the Minister of Georgia on Special Affairs)

 

 

STATEMENT OF THE STATE COMMISSION OF ABKHAZIA AND GEORGIA on Search for the persons Missing without Trace

nce more reiterating their readiness for close cooperation aimed at expediting the process of search for the persons missing without trace, representatives of state commissions from Abkhazia and Georgia have held a working meeting within the framework of the Coordination Council, in which representatives of the International Committee of Red Cross also participated.

The Commission reached an agreement to start from 20 July, 2000 real search activities in both Georgian and Abkhazian burial sites. At the same time, within the framework of the process of search for the persons missing without trace, the leaders of the commissions agreed to engage representatives of the civil society to the search process. They expressed their intentions to organize a meeting between mothers of Abkhazia and Georgia, in order to continue discussions on the issue of reburial from Babushera.

The Parties gave high estimation to the activities of ICRC, aimed at rendering maximum possible technical assistance to the commissions. Once again, representatives of the Parties asked the ICRC to continue rendering practical support to the Parties. We welcome the readiness of ICRC to provide the Parties with specialist-experts on identification from the Boston center "Doctors for Human Rights".

At the same time, representatives of the Commissions once again appeal to the Coordination Council to render rapid assistance in terms of provision of technical means, which would make it possible to expedite the process of solution of this humanitarian problem.

On behalf of Abkhaz side Otar Kakalia

On behalf of Georgian side Vladimir Doborjginidze

11 July 2000, City of Sukhum

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

Informal translation

PROTOCOL OF THE FOURTH MEETING OF EXPERTS' GROUPS OF AUTHORIZED DELEGATIONS OF THE SIDES within the Framework of the Negotiation Process on a Full Scale Resolution of the Georgian-Ossetian Conflict

In conformity with the OSCE Istanbul Summit Declaration, the fourth meeting of experts' groups of authorized delegations of the sides within the framework of negotiation process on a full scale resolution of the Georgia-Ossetian conflict took place in Vienna (Austria), on 10-13 July 2000, through the mediation of the Russian Federation and with the participation of the representatives of the Republic of North Ossetia-Alania and of the OSCE (list of participants is attached).

In compliance with previously reached agreements, discussion on draft Intermediary Document on a full-scale resolution of the Georgian-Ossetian conflict was continued at this meeting. For the first time since the beginning of the experts' groups' work on this Document, the sides initiated the discussions on earlier submitted proposals on the provisions, directly related to state-legal relationship.

Considering the interrelation between reaching agreement by the sides on provisions of para 4, 5 and #2 of para. 13, the sides consider it expedient to address the mentioned provisions in a package.

The sides regard possible signing of the Intermediary Document as serious political step, and in this connection mentioned the expediency of deciding the issues, included in the above-mentioned package, on the political level.

The sides raise a proposal with the Austrian chairmanship of the OSCE to hold - together with the Russian Federation - consultations with the sides on guarantees of future agreements on the Georgian-Ossetian conflict settlement.

The Georgian side informed the meeting participants on current review of the issue concerning handing over to the South Ossetian side of existing unused specimen of the USSR passports of 1974.

The sides stated that resolution of the mentioned issue will allow to speed-up the agreement on para 12 of the document under discussion.

The sides particularly state, that effective assistance by the Austrian Chairmanship of the OSCE in conducting the Vienna meeting had seriously contributed to reaching positive results at the fourth experts' groups meeting.

The participants of the Vienna meeting express profound gratitude to the Austrian side for organization and provision of ideal conditions for the work of delegations.

For The South Ossetian Side

For The Georgian Side

For The Russian Side

For The North Ossetian Side

For The Osce

2000 July 13

(Archive of the staff of the State Minister of Georgia for Conflict Resolution Issues)

 

 

RESOLUTION 1311 (28 JULY 2000) ADOPTED BY THE UN SECURITY COUNCIL

The Security Council,

Recalling all its relevant resolutions, in particular resolution 1287 (2000) of 31 January 2000, and the statement of its President of 11 May 2000 (S/PRST/2000/16),

as well as resolution 1308 (2000) of 17 July 2000, Having considered the report of the Secretary-General of 21 July 2000 (S/2000/697),

Recalling the conclusions of the Lisbon (S/1997/57, annex) and Istanbul summits of the Organization for Security and Cooperation in Europe (OSCE) regarding the situation in Abkhazia, Georgia, Stressing that the lack of progress on key issues of a comprehensive settlement of the conflict in Abkhazia, Georgia, is unacceptable,

Recalling that, according to its statute, the Coordinating Council of the Georgian and Abkhaz sides should meet every two months, and welcoming, in this regard, the resumption of its work, Welcoming the results of the tenth session of the Coordinating Council in Sukhumi on 11 July 2000, in particular the signing by the two sides, the Special Representative of the Secretary-General and the Commander of the Collective Peacekeeping Forces of the Commonwealth of Independent States (CIS peacekeeping force) of the protocol related to the stabilization of the situation in the security zone, and the decision that the two sides would accelerate work on the draft protocol on the return of refugees to the Gali region and measures for economic rehabilitation and on the draft agreement on peace and guarantees for the prevention for the non-resumption of hostilities, Deeply concerned that, although currently relatively calm, the general situation in the conflict zone remains unstable,

Recalling the relevant principles contained in the Convention on the Safety of United Nations and Associated Personnel adopted on 9 December 1994,

Welcoming the important contributions that the United Nations Observer stabilizing the situation in the zone of conflict, noting that the working relationship between UNOMIG and the CIS peacekeeping force has been excellent at all levels, stressing the importance of continuing and increasing close cooperation and coordination between them in the performance of their respective mandates, and welcoming also the decision on the extension of the stay of the CIS peacekeeping force in the conflict zone in Abkhazia, Georgia, adopted by the Council of Heads of State of the Commonwealth of Independent States on 21 June 2000 (S/2000/629),

1. Welcomes the report of the Secretary-General of 21 July 2000;

2. Strongly supports the sustained efforts of 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 promote the stabilization of the situation and the achievement of a comprehensive political settlement, which includes a settlement on the political status of Abkhazia within the State of Georgia;

3. Strongly supports, also, the efforts of the Special Representative on the question of the distribution of competences between Tbilisi and Sukhumi, and, in particular, his intention to submit, in the near future, proposals to the parties as a basis for meaningful negotiations on that issue;

4. Underlines the responsibility of the parties to the conflict to engage in negotiations on the key outstanding issues in the United Nations-led peace process, including on the distribution of competences between Tbilisi and Sukhumi as part of a comprehensive settlement;

5. Welcomes the commitment of the parties not to use force for the resolution of any disputed questions, which must be addressed through negotiations and by peaceful means only, and to refrain from propaganda aimed at the solution of the conflict by force;

6. Calls on the parties to the conflict, also, to implement earlier agreed confidence-building measures and develop further measures on the basis of the relevant document signed in Sukhumi on 11 July 2000, and recalls, in this context, the invitation of the Government of Ukraine to host, in Yalta, a third meeting aimed at building confidence, improving security and developing cooperation between the parties;

7. 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 and dignified conditions, in accordance with international law and as set out in the Quadripartite Agreement of 4 April 1994 (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, including those who have already returned;

8. Urges the parties, in this context, to address urgently and in a concerted manner, as a first step, the undefined and insecure status of spontaneous returnees to the Gali district, including through the re-establishment of functioning local administrative structures in which the returnee population is appropriately represented;

9. Welcomes steps taken by the Government of Georgia, the United Nations Development Programme, the Office of the United Nations High Commissioner for Refugees, the Office for the Coordination of Humanitarian Affairs and the World Bank, aiming at ensuring that the internally displaced persons enjoy their right to be treated in the same manner as all Georgian citizens with full respect, in principle and in practice, for their imprescriptible right to return to their homes in secure and dignified conditions;

10. Deplores all violent incidents, as well as the development of criminal activities, in the conflict zone, and calls on the two sides to take urgent measures to cooperate with each other in the fight against crime of all sorts and in improving the work of their respective law enforcement organs;

11. 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);

12. Welcomes UNOMIG keeping its security arrangements under constant review in order to ensure the highest possible level of security for its staff;

13. Decides to extend the mandate of UNOMIG for a new period terminating on 31 January 2001, 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 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;

14. Requests the Secretary-General to continue to keep the Council regularly informed and to report three months from the date of the adoption of this resolution on the situation in Abkhazia, Georgia;

15. Decides to remain actively seized of the matter.

(www.un.org/docs)

 

 

JOINT STATEMENT of the Forth Session of the Working Group I

On 20 August 2000 at Sukhumi headquarter of the UNOMIG the forth session of the Working Group I was held under the chairmanship of the Principal Military observer of the UNOMIG major-general Anis A. Badjwa with participation of the delegations from the Georgian and Abkhaz sides as well as the representatives of the PKF of the CIS.

The Group discussed the measures on implementation of the Protocol of 3 May 2000 of Gali meeting of Georgian and Abkhaz sides on stabilization of the situation in the security zone signed on 11 July 2000. The Group agreed on the following points:

1.

a. The Georgian and Abkhaz sides shall submit to the UNOMIG and PKF of the CIS the list of their posts in the Security Zone by 10 September 2000 including the number of personnel at that posts, as well as the name organizations they belong to.

b. The UNOMIG and the PKF of the CIS will verify this information by 24 September 2000.

c. If one of the sides makes changes to the information submitted to the UNOMIG and PKF of the CIS after 10 September 2000, that side shall expeditiously inform about it the UNOMIG and PKF of the CIS by all means of communication under their disposal and after this they shall verify the changes and submit it in written to the UNOMIG and PKF of the CIS.

2. The sides shall submit to the Principal Military observer the appointments of their representatives to the Group that is referred in the paragraph 3 of the Protocol signed on 11 July 2000 before the next session of the quadripartite meeting on 24 August 2000.

3. The representatives appointed by the sides to the Group referred in the paragraph 3 of the Protocol signed on 11 July 2000, will take part in quadripartite meetings from 24 August 2000 on the regular basis.

4. The Working Group I recommends to the Coordinating Council the following measures:

a) If one of the sides decides to increase the number of its personnel in the Security Zone over 600 people, as it was set up in Paragraph 2 of the Protocol signed on 11 July 2000, the Principal Military Observer shall convene extraordinary session of the Working Group to considered proposed increase in number of personnel.

b) Existence of quadripartite meetings and sessions shall be legalized by signing the Protocol from both sides, the UNOMIG and PKF of the CIS.

c) Each side shall officially include their appointed representatives to the Group that is referred in Paragraph 3 of the Protocol signed on 11 July 2000 and they will participate in quadripartite meetings.

5. At the quadripartite meeting on 24 August 2000 the sides shall exchange the lists of criminals in compliance with the Article 4 of the Protocol signed in 11 July 2000.

6. At the quadripartite meeting on 24 August 2000 the sides will discuss practical and technical details on improvement of communication between the heads of local law-enforcement agencies from both sides with the UNOMIG and PKF of the CIS.

7. At the next session of the Working Group I:

a) The Group will discuss the proposals as the recommendations to the coordinating Council on changes to the Protocol of the Joint Group on revealing the facts of 19 January 2000.

b) The Georgian side shall appoint representatives to the Joint Group on revealing the facts pursuant to Paragraph 2 of the Protocol of Joint Group on revealing the facts of 19 January 2000.

c) The next session of the Working Group I will be held in Tbilisi within the first week of October 2000.

From the Georgian Side M. Kakabadze

From the Abkhaz Side G. Agrba

From the UNOMIG Anis Bajva

From the PKF CIS D. Bugayev

20 August 2000

(Archive of the Staff of the Minister of Georgia on Special Affairs)

 

 

JOINT STATEMENT of the Fifth Session of the Working Group I

On 4 October 2000 the fifth session of the Working Group I was held under the chairmanship of the Chief Military observer of the UNOMIG major-general Anis A. Badjva with participation of the delegations from the Georgian and Abkhaz sides. The PKF of the CIS didn’t participate in the session.

1. The session of the Working Group I discussed the results of implementation of the issues agreed at the Forth session of the Working Group I set out in the Joint Statement signed on 20 August 2000.

a. In compliance with the paragraph 1a the sides submitted to the UNOMIG and PKF of the CIS the list of their posts in the Security Zone by 10 September 2000 including the number of personnel at that posts, as well as the name units they belong to. The agreed that it was necessary to make changes to the wording used in Paragraph 1a of Joint Statement of 20 August 2000, in particular, the word “unit” should be added to the word “posts”.

b. In compliance with Paragraph 1b the UNOMIG verified the information on the posts and personnel submitted by the sides.

c. In compliance with Paragraph 1c of the Joint Statement the UNOMIG and PKF were informed about changes of information regarding the posts and personnel done before 10 September 2000 orally, not in written.

d. In compliance with the paragraph 2 and 3 of the Joint Statement, the sides submitted to the Chief Military observer the appointments of their representatives to the Group that is referred in the paragraph 3 of the Protocol signed on 11 July 2000 before the quadripartite meeting on 24 August 2000. Those representatives have participated at the quadripartite meetings since 24 August of 2000.

e. In compliance with Paragraph 5 of the Joint Statement sides exchanged the lists of criminals pursuant to the Article 4 of the Protocol signed in 11 July 2000.

f. In compliance with Paragraph 6 of the Joint Statement, at the quadripartite meeting the sides discussed practical and technical details on improvement of communication between the heads of local law-enforcement agencies from both sides with the UNOMIG and PKF of the CIS. As a result of those discussions the communication means have been installed and the work on their improvement is in progress. The Georgian and Abkhaz sides asked the UNOMIG for financial assistance in installation of more effective communication between the representatives of local authorities from the both sides.

2. The Working Group I decided to address to the Coordinating Council with recommendation to endorse the measures listed in Paragraph 4 of the Joint Statement.

3. The Working Group I decided to submit written appeal to the Chairman of the quadripartite meetings and the Commander of the PKF of the CIS regarding submission of the Protocol of Quadripartite Meeting to the sides at the earliest possibility.

4. At the Quadripartite meeting on 12 October 2000 the sides will submit to the Principal Military observer of the UNOMIG the written proposals on actions that shall be taken by the sides on the revealed facts or recommendations of Joint Groups on Reveal and investigation of the facts. The results shall be discussed at the next session of the Coordinating Council to make the final decision.

5. The Georgian side will appoint its representatives to the Joint Group on Reveal and investigation of the facts by 12 October 2000 pursuant to Paragraph 2 of the Protocol on creation of the Joint Groups on reveal and investigation of the facts of 19 January 2000.

6. The next session of the Working Group I will be held in Sukhumi at the headquarter of the UNOMIG after the earliest meeting of the Coordinating Council.

From the Georgian Side M. Kakabadze

From the Abkhaz Side G. Agrba

From the UNOMIG Anis Bajva

4 October 2000

(Archive of the Staff of the Minister of Georgia on Special Affairs)

 

 

PROTOCOL OF THE ELEVENTH SESSION OF COORDINATION COUNCIL OF THE GEORGIAN AND ABKHAZ SIDES

The eleventh session of the Coordination Council created pursuant to Final Statement of the Georgian and Abkhazian Sides (on 17-19 November 1997), took place on October 24, 2000 in Tbilisi under the auspices of the UN and under the chairmanship of Mr. Dieter Boden - 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. Giorgi Arsenishvili.

The Abkhaz Side was represented by a delegation under the leadership of Mr.Viacheslav Tsugba.

Opening the session, the Special Representative of the Secretary General pointed out that recently, in spite of some stagnation in the process of comprehensive settlement of the conflict, the negotiations within the framework of Geneva peace process have become substantially more active. The regular work of the Coordination Council in general, and the working group 1, in particular, activisation of bilateral meetings, for example meetings of ministers of healthcare and education, are very telling example of the aforementioned. The very fact that, in the long run, an issue of reburial of those perished in the village of Babushera is solved and the reburial will be implemented in the nearest future, should be evaluated as positive development in right direction.

The agenda of the meeting 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. Miscellaneous.

Representatives of the Sides made statements. Representatives of the Russian Federation in their capacity as facilitators, OSCE and the Group of Friends of the UN Secretary General, Military Observers of UNOMIG and the Commander of Peace Keeping Forces of the Commonwealth of Independent States took part in the discussions on situation in the zone of conflict. Representatives of UNDP and UNHCR made statements.

The Coordinating Council Decided:

1. To endorse recommendations of the Working group 1, adopted at the fifth session on October 4 2000, that envisages the following:

If one of the Parties to the conflict deems it necessary to increase the number of its personnel in the security zone and it exceeds 600 persons, than:

a) Party, which proposes to increase the number of its personnel and it exceeds 600 persons, must notify about it, first of all the other Party, and than UNOMIG and Peace Keeping Forces of the Commonwealth of Independent States.

b) Upon the reception of such a notification, the Chief Military Observer of UNOMIG shall convene an extraordinary session of the Working group to discuss the issue of potential increase of the number of personnel.

2. To grant official status to the quadripartite meetings and conclude these meetings with signing protocol by representatives of Sides, UNOMIG and the Peace Keeping Forces of the Commonwealth of Independent States.

3. To take measures aimed at resumption of activities of the Working group 2.

4. The Sides noted a draft document on establishment and functioning of the Joint Evaluation Commission on situation in the Gali region, which is being created within the framework of the Geneva peace process under the auspices of UN, and the Special Representative of the UN Secretary General informed the Coordination Council about these developments.

5. To call upon the Sides, to continue, as soon as possible, the negotiation process and reach agreement on concrete measures of economic cooperation within the framework of the Working group 3.

6. To convene the 12th session of the Coordination Council no later than January 2001.

24 October 2000

(Archive of the Staff of the Minister of Georgia on Special Affairs)

 

 

THE STATEMENT OF THE PARLIAMENT OF GEORGIA on introduction of visa regime between Russia and Georgia

The Parliament of Georgia expresses its protest on introduction of visa regime between Russia and Georgia because of Russia’s position at the negotiations.

Georgian side ones again mentions that official authority of Georgia was against introduction of visa regime and considers that this will not only serve as a stumbling block between the relation of two countries, but will have negative effect on traditional friendship of people of Russia and Georgia.

It is sovereign will of Russia to introduce visa regime with another state, but no one is entitled without a consent of Georgia to put different regions of Georgia in varied legal conditions as it is going to be unilaterally laid down by Russia in an additional protocol of visa agreement.

The Parliament of Georgia considers the abovementioned as unrespectfull step towards sovereignty and territorial supremacy of Georgia which constitutes the breach of universally recognized principles of international law and is regarded as an attempt of interference in internal affairs of Georgia as well as an extra proof of Russia’s unfair interest towards Abkhazia and so called South Osetia.

If Russian Federation Authority still remains on the proposed position of visa introduction which constitutes the grave breach of fundamental principles of international law Parliament of Georgia will consider the above-mentioned as an attempt of annexation of its territory as well as legal proof of title in regard of seized historic territories of Georgia and declares with full responsibility that Georgia will use all the necessary means recognized by international law to defend sovereignty and integrity.

24 November, 2000, Tbilisi.

(Archive of the Parliament of Georgia)

 

 

DECREE ISSUED BY THE GOVERNMENT OF THE RUSSIAN FEDERATION

1. The Ministry of Foreign Affairs of the Russian Federation shall continue negotiations with the Georgian Side aimed at concluding the agreement between the Government of the Russian Federation and the Executive Power of Georgia on movement of citizens and the Protocol between the Government of the Russian Federation and the Executive Power of Georgia on simplified procedures of Russian-Georgian border crossing by the resident of trans-border territories.

2. Federal Border Service of the Russian Federation shall secure the existing procedures along the portions of the by-land border with Abkhazia and South Ossetia in time of negotiations and until the special instruction.

Chairman of the Government of the Russian Federation M. Kasyanov

30 November 2000

(Collection of the legislation of the RF, M., # 50, p. 9563)

 

 

JOINT STATEMENT of the Sixth Session of the Working Group I

On 13 December 2000 the Sixth Session of the Working Group I was held under the chairmanship of the Chief Military observer of the UNOMIG major-general Anis A. Badjva with participation of the delegations from the Georgian and Abkhaz sides and the PKF of the CIS.

The session of the Working Group I discussed the results of implementation of the issues agreed at the Fifth Session of the Working Group I set out in the Joint Statement signed on 4 October 2000. The Principal Military Observer noted that the security condition in the conflict zone had been worsened and this fact deplored participants of the session.

1. The sides agreed that there was necessity to improve effectiveness of the activity of the Joint Group set up after signing the Protocol of 3 May 2000 and the Joint Group on Reveal and Investigation the facts set up under the Protocol of 19 January 2000. All participating sides underlined the need to cooperate more closely in order to secure effectiveness of the Joint Group and Joint Group on Reveal and Investigation of Facts. Toward this end the both sides agreed to create Joint Information Center aimed at providing the information related to the criminal activity in the conflict zone.

2. In compliance with Paragraph 1, all participating sides will be meeting at the Control Post 201 on 21 December 2000 to elaborate the mechanisms for improvement of effectiveness and efficiency of the activity of the Joint Group and Joint Group on Reveal and Investigation of Facts in order to secure better combat of criminal activity. These recommendations will be submitted to the Chief Military Observer for further consideration.

3. The sides agreed that with regard of violation of Moscow Agreement during military drills in the field near Kulevi and Ochamchire, the Commander of the PKF of the CIS, by 21 December 2000, will be provided by the precision maps/schemes with indication of desired changes of borders of the Restricted-Weapon Zone. The Commander of the PKF of the CIS will submit those maps/schemes to the Chief Military Observer for further consideration.

4. The sides reaffirmed their commitment to realize the decisions of the Moscow Agreement, following agreement and protocols. In particular, all of the sides agreed that free movement of the UNOMIG and PKF was beyond any discussion.

5. The commander of the PKF of the CIS reaffirmed that the movement regime in the Zone was not changed. The residents of the Security Zone from both sides of the cease-fire line are able to cross it upon introducing the identification documents. The Commander of the PKF of the CIS informed the delegates of the session that this problem had already been discussed and decided at the meeting with Mr. Malkhaz Kakabadze, Lieutenant-General S. Korobko and the Chief Military Observer.

6. The next meeting of the Working Group I will be held in the headquarter of the UNOMIG in Tbilisi after the earliest session of the Coordinating Council.

From the Georgian Side A. Ioseliani

From the Abkhaz Side G. Agrba

From the UNOMIG A. Bajva

From the PKF of the CIS S. Korobko

13 December 2000

(Archive of the Staff of the Minister of Georgia on Special Affairs)

 

 

AGREEMENT Between the Government of Georgia and the Government of the Russian Federation on Cooperation in Restoration of Economy in the Georgian-Ossetian Conflict Zone and Return of Refugees

The Government of Georgia (Executive Authorities of Georgia) and the Government of the Russian Federation, hereinafter refereed to as the Parties,

Pursuant to the provisions of the Agreement on Principles of Settlement of Georgian-Ossetian Conflict, adopted on June 24 1992 in Sochi, the Memorandum on Measures Aimed at Guarantying Security and Strengthening Mutual Trust between the Parties in the Georgian-Ossetian Conflict, adopted on May 16, 1996 in Moscow, and the Protocol of the meeting devoted to comprehensive settlement of the Georgian-Ossetian conflict, held on March 5, 1997 in Moscow,

With a view of restoration and development of economy of the regions suffered as a result of the Georgian-Ossetian conflict, and in order to create conducive conditions for return of refugees and internally displaced persons to the places of their permanent residence,

Agreed on the following:

Article 1

The Parties acknowledge the necessity for further financing of restoration works in the Georgian-Ossetian conflict zone and shall work out, in cooperation with representatives of South Ossetian and North Ossetian Sides:

- Inter-Governmental program of cooperation and restoration of economy in the Georgian-Ossetian conflict zone;

- The Inter-Governmental program of repatriation, accommodation, integration and re-integration of refugees, including the measures aimed at restoration of economy in the regions where refugees and internally displaced persons will return.

The Parties shall undertake measures to secure implementation of the aforementioned programs, while inviting international organizations to participate in their implementation.

The Georgian Side, in full conformity with norms of the international law, shall secure full respect of human rights of refugees and internally displaced persons returning to their places of permanent residence.

The Parties shall contribute to endeavors undertaken by International organizations in realization of social, economic and humanitarian programs in the regions suffered as a result of the conflict.

Article 2

In order to meet the pledged commitments in full conformity with this Agreement and norms of the international law, the Parties shall make the best use of existing capabilities to attract financial and other resources, contribute to attraction of investments, favorable credits and subsides in the Georgian-Ossetian conflict, including inviting international and foreign organizations, the third countries, as well as promote the creation of joint enterprises, development of direct economic ties between different forms of property ownership, including industrial cooperative enterprises located in the conflict zone.

Article 3

The Parties shall support initiatives of the administrative-territorial bodies, enterprises and organizations of Georgia and the Russian Federation on rendering support to the South Ossetian Side in the process of restoration works and promote attraction of funds in order to secure further development of the economy.

Article 4

The Parties underline the sheer necessity of settlement of the issue related to payment by the consumers, living in the conflict zone, of their debts to the Russian Joint Stock Company “EAS Russia” for provision of electricity in 1998 and the first quarter of 1999. The Georgian Side commits itself to pay back the aforementioned debt on the principles of restructuring. The timetable for clearing off the debt shall be defined in a separate protocol.

The Parties consider continuation of current provision of electricity to the conflict zone as an extremely important factor, in terms of the reconstruction process and return of refugees. The pattern of provision of electricity and clearing off the debt shall be defined in the relevant contracts.

Article 5

The current Agreement may be complemented by protocols, clarifying the mechanism of its implementation.

Control over the implementation of programs envisaged by this Agreement shall be carried out by the Joint Control Commission on Settlement of the Georgian-Ossetian conflict.

Article 6

This Agreement shall come into effect immediately after it is signed.

Agreement signed on December 23, 2000 in Tbilisi …

On behalf of the Government of Georgia G. Arsenishvili

On behalf of the Government of the Russian Federation I. Klebanov

23 December 2000

(Archive of the Ministry of Foreign Affairs of Georgia)

 

 

2001

RESOLUTION OF THE EUROPEAN PARLIAMENT on the visa regime imposed by the Russian Federation on Georgia

The European Parliament,

- having regard to its previous resolutions on the situation in Georgia and Russia, and in particular its resolution of 13 December 2000,

- having regard to the declaration of the EU-Georgia Parliamentary Cooperation Committee of 9 May 2000,

- having regard to the statement by the United Nations Security Council of 14 November 2000,

- having regard to the statement by the Presidency of the European Union of 23 November 2000,

- having regard to the statement by the Ministry for Foreign Affairs of Georgia on 7 December 2000,

A.  noting with deep concern the continued failure to achieve a comprehensive political settlement of the internal conflicts in Georgia, in the South Ossetia/Tskhinvali Region and Abkhazia,

B.  recognising that unresolved conflicts in the Caucasian region impede economic development and political stability in Georgia as well as in the whole region,

C.  whereas all parties to, and mediators in, the conflicts in the South Ossetia/Tskhinvali Region and Abkhazia should intensify the efforts to find a political solution to the conflicts with full respect for Georgia’s sovereignty and territorial integrity,

D.  stressing the importance of security guarantees to those refugees and internally displaced persons who exercise their unconditional right to return to their homes,

E.  regretting the situation whereby the territories of the South Ossetia/Tskhinvali Region and Abkhazia are de facto outside the jurisdiction of Georgian law, and the principles of democracy, human rights and rule of law which Georgia has adhered to as a full member of the Council of Europe are not fully respected in these break-away territories,

F.  expressing in this context its concern about the security situation in the South Ossetia/Tskhinvali Region and Abkhazia and in particular the security of international aid workers and personnel of the United Nations Observer Mission in Georgia (UNOMIG),

G. welcoming the efforts of the European Commission to contribute to increasing confidence between the parties in the conflicts, in particular through the Rehabilitation Programme in the South Ossetia/Tskhinvali Region and the planned rehabilitation of the Inguri hydro power plant on the border with Abkhazia,

H. supporting all initiatives aiming at consolidating friendly and constructive neighbourly relations and regional cooperation in the Caucasian region,

I.  whereas a further rapprochement between Georgia and the European Union could make an effective contribution to the political and economic development of the country and to the stability of the entire region of the Caucasus,

J.  recalling the OSCE Istanbul Declaration of 1999 regarding conventional forces in Europe and the agreement reached on the withdrawal of Russian troops from the territory of Georgia,

K.  noting with deep concern the unilateral imposition of a visa regime on Georgia by the Russian Federation which took effect on 5 December 2000, which will make the development of friendly neighbourly relations more difficult, hamper economic relations and complicate the lives of Georgian citizens living in the territory of the Russian Federation and of those Georgian citizens living in Georgia itself, who are dependent for their survival on the earnings of their relatives working in the Russian Federation,

1.  Recalls that the imposition of visas which respect international law is a matter for the sovereignty of a state, but regards the plans to exempt residents of the secessionist Georgian regions of South Ossetia/Tskhinvali and Abkhazia from the visa regime imposed on Georgian citizens as a challenge to the territorial integrity and sovereignty of Georgia which the Government of the Russian Federation officially supports, and calls on the government of the Russian Federation to reconsider these plans as they would amount to de facto annexation of these indisputably Georgian territories;

2.  Urges the government of the Russia Federation to suspend the implementation of the visa regime with Georgia given the difficulties it causes to ordinary citizens;

3.  Recalls that a decision on unilateral introduction of a simplified procedure for border-crossing for residents of South Ossetia/Tskhinvali Region and Abkhazia by the Russian Federation would compromise its role as a mediator in the conflicts;

4.  Calls on all parties to refrain from unnecessary retaliatory actions which might aggravate the precarious situation and to display the necessary political will to achieve early substantial results in the negotiations, with full respect for the sovereignty and territorial integrity of Georgia;

5.  Calls on the Russian Federation as a matter of urgency to respect the commitment it made at the OSCE in Istanbul in 1999 to withdraw its troops from Georgian territory;

6.  Lends its support to the UN-led peace process in Abkhazia and to the efforts by the OSCE to increase dialogue and direct contacts between the parties to the conflict in the South Ossetia/Tskhinvali Region and Abkhazia;

7.  Calls on the Swedish Presidency of the Council of the European Union to support actively all efforts to bring about a political settlement to the conflicts in the South Ossetia/Tskhinvali Region and Abkhazia, and looks forward to the report of the Swedish Presidency to the Third Meeting of the European Union - Georgia Parliamentary Cooperation Committee to be held in Brussels, and asks it to submit proposals for a further rapprochement between Georgia and the European Union;

8.  Urges the Council, in this regard, to take into account the possibility of appointing a Special Envoy for the Caucasus in order to increase the visibility of the EU in the region and facilitate the dialogue between all parties to the ongoing conflicts.

9. Instructs its President to forward this resolution to the Council, the Commission, the OSCE and the Government and Parliament of Georgia and of the Russian Federation.

18 January 2001

(www.europa.eu.int)

 

 

PROTOCOL OF THE TWELFTH SESSION OF THE COORDINATING COUNCIL OF THE GEORGIAN AND ABKHAZ SIDES

The Twelfth Session of the Coordinating Council, established on the basis of the Concluding Statement on the outcome of the Geneva Meeting of the Georgian and Abkhaz sides held from 17 to 19 November 1997 took place on 23 January 2001 under the auspices of the United nations and the chairmanship of the Special Representative of the Secretary-General of the United Nations, Mr. Dieter Boden, 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 comprising the Group of Friends of the Secretary-General - France, Germany, the Russian Federation, the United Kingdom and the United States of America - as observers.

The Georgian side was represented by a delegation headed by Mr. Giorgi Arsenishvili.

The Abkhaz side was represented by a delegation headed by Mr. Vyacheslav Tsugba.

The agenda included the following items:

1. Issues relating to the constant non- resumption of hostilities and to security problems, in particular the outcome of the meeting of Working Group 1 on 13 December 2000.

2. Refugees and internally displaces persons, in particular the outcome of the meeting of Working Group 3 on 5 December 2000.

3. Economic and social problems.

4. Other matters, including a discussion on preparation for the third meeting on confidence building, to be held in Yalta at the invitation of the Government of Ukraine.

Opening the session, the Special Representative of the Secretary-General thanked the parties for their contribution to advancing the peace process, but noted that an even more active approach to the resolution of outstanding problems would need to be adopted, in particular with regard of recent incidents in Gali district, violation of the Moscow Agreement on a Ceasefire and Separation of Forces in November and December of 2000 and the taking hostage in December 2000 of a number of the UN military observers. The Sspecial Representative of the Secretary General called upon the sides to take the opportunity of the meeting in Yalta, to be held at the initiation of the Government of Ukraine to reach agreement on confidence-building measures and advance the peace process.

The representatives of the sides made statements. Representatives of the Russian Federation in its capacity as facilitator, the OSCE and the Group of Friends of the Secretary-General took part in the discussion of the agenda. The Chief Military Observer of the United Nations Observer Mission in Georgia (UNOMIG) and the Commander of the Collective Peacekeeping Forces of the Commonwealth of Independent State (CIS) reported on the situation in the conflict zone.

The Council adopted the following decisions:

1. To instruct the sides to consider proposals concerning the borders of the restricted-weapon zone and to submit their observations in writing within a week to the Special Representative of the Secretary-General of the United Nations.

2. To instruct Working Group 1 to resume works on the statement made at its sixth session and submit its proposals to the Coordinating Council.

3. To endorse the proposals submitted by Working Group 3 and instruct it to continue its search for funding the joint projects in the economic field.

4. To allow the sides to begin reburying the dead from the grave near the Babushera airport.

5. To consider the proposal by the Government of Ukraine to hold a third meeting on confidence-building in Yalta on 15 and 16 march 2001 and to deliver a written reply to the Special Representative of the Secretary-General of the United Nations before 31 January 2001.

6. To convene the thirteenth session of the Coordinating Council no later than April 2001.

23 January 2001

(Archive of the Staff of the Minister of Georgia on Special Affairs)

 

 

RESOLUTION 1339 (31 JANUARY 2001) ADOPTED BY THE UN SECURITY COUNCIL

The Security Council,

Recalling all its relevant resolutions, in particular resolution 1311 (2000) of 28 July 2000, and the statement of its President of 14 November 2000 (S/PRST/2000/32),

Having considered the report of the Secretary-General of 18 January 2001 (S/2001/59),

Recalling the conclusions of the Lisbon (S/1997/57, annex) and Istanbul summits of the Organization for Security and Cooperation in Europe (OSCE) regarding the situation in Abkhazia, Georgia,

Stressing that the continued lack of progress on key issues of a comprehensive settlement of the conflict in Abkhazia, Georgia, is unacceptable,

Deeply concerned that, although currently mostly calm, the general situation in the conflict zone remains very volatile,

Noting the holding of the twelfth session of the Coordinating Council of the Georgian and Abkhaz sides on 23 January 2001,

Recalling the relevant principles contained in the Convention on the Safety of United Nations and Associated Personnel adopted on 9 December 1994,

Welcoming the important contributions that the United Nations Observer Mission in Georgia (UNOMIG) and the Collective Peacekeeping Forces of the Commonwealth of Independent States (CIS peacekeeping force) continue to make in stabilizing the situation in the zone of conflict, noting that the working relationship between UNOMIG and the CIS peacekeeping force has remained very close, and stressing the importance of close cooperation between them in the performance of their respective mandates,

1. Welcomes the report of the Secretary-General of 18 January 2001;

2. Strongly supports the sustained efforts of 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 promote the stabilization of the situation and the achievement of a comprehensive political settlement, which must include a settlement of the political status of Abkhazia within the State of Georgia;

3. Strongly supports, in particular, the intention of the Special Representative to submit, in the near future, the draft paper containing specific proposals to the parties on the question of the distribution of constitutional competences between Tbilisi and Sukhumi as a basis for meaningful negotiations;

4. Stresses the need to accelerate work on the draft protocol on the return of the refugees to the Gali region and measures for economic rehabilitation, as well as on the draft agreement on peace and guarantees for the prevention and for the non-resumption of hostilities;

5. Calls upon the parties, in particular the Abkhaz side, to undertake immediate efforts to move beyond the impasse and to engage into negotiations on the core political questions of the conflict and all other outstanding issues in the United Nations-led peace process;

6. Welcomes the readiness of the Government of Ukraine to host the third meeting on confidence-building measures, welcomes also the commitment of both sides to the conflict to meet in Yalta in March 2001, and notes the important contribution a successful conference would make to the peace process;

7. Reaffirms the unacceptability of the demographic changes resulting from the conflict, and reaffirms also the inalienable right of all refugees and displaced persons affected by the conflict to return to their homes in secure and dignified conditions, in accordance with international law and as set out in the Quadripartite Agreement of 4 April 1994 (S/1994/397, annex II);

8. Urges the parties, in this context, to address urgently and in a concerted manner, as a first step, the undefined and insecure status of spontaneous returnees to the Gali district, which remains an issue of serious concern;

9. Expresses its satisfaction with the joint assessment mission to the Gali district, carried out under the aegis of the United Nations, and looks forward to the careful consideration of the mission’s recommendations regarding human rights, law enforcement and education;

10. Condemns all violations of the Moscow Agreement of 14 May 1994 on a Ceasefire and Separation of Forces (S/1994/583, annex I), and notes with particular concern the Abkhaz military exercise conducted in November 2000;

11. Deplores the rise in criminality and activities of armed groups in the conflict zone, which constitutes a major destabilizing factor affecting the overall situation, calls upon the parties to increase their efforts at curbing them and to cooperate in good faith using the means provided by the Coordinating Council mechanism, condemns the recent killings of civilians and Abkhaz militiamen, and calls upon both sides, in particular the Georgian side, to investigate these incidents and bring to justice those responsible;

12. Condemns the abduction of two UNOMIG military observers on 10 December 2000, recalls that the Georgian and the Abkhaz sides bear the primary responsibility for the security of UNOMIG, the CIS peacekeeping force and other international personnel, and appeals to them to bring to justice the perpetrators of the hostage-taking incidents of October 1999, June 2000 and December 2000;

13. Calls upon the parties to ensure security and freedom of movement of the United Nations and other international personnel;

14. Welcomes UNOMIG keeping its security arrangements under constant review in order to ensure the highest possible level of security for its staff;

15. Decides to extend the mandate of UNOMIG for a new period terminating on 31 July 2001, 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 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;

16. Requests the Secretary-General to continue to keep the Council regularly informed and to report three months from the date of the adoption of this resolution on the situation in Abkhazia, Georgia, and requests also the Secretary-General to provide for a briefing within three months on the progress of the political settlement, including on the status of the draft paper his Special Representative intends to submit to the parties as referred to in paragraph 3 above;

17. Decides to remain actively seized of the matter.

(www.un.org/docs)

 

 

DECLARATION OF THE PARLIAMENT OF GEORGIA On the so-colled Local Self-Governance Elections to be held on 10th March 2001, Organized by the Sukhumi Separatist Regime

The Sukhumi Separatist regime intends to hold the so -called local self-governance elections on the territory of Abkhazia, on March 10, 2001.

In this regard, the Parliament of Georgia declares that any local self-governance elections on the territory of Abkhazia are illegal and unacceptable because, as the result of the conflict the demographic situation has been artificially changed. On many occasions, the international community recognized the facts of ethnic cleansing of Georgian population in Abkhazia and condemned aggressive separatism. In addition, according to the resolutions of the Parliament of Georgia, dated March 10, 1994 and April 17, 1996 any legislative act, adopted by the separatist regime is regarded as null and void.

The parliament of Georgia draws the attention of the UN, OSCE, the CIS and the governments of states friends of Georgia, to the fact that the Sukhumi Separatist regime stubbornly continues to ignore the resolutions adopted by the international organizations and aiming at the resolution of the conflict, as well as the frequently expressed clear-cut position of the world community - any elections that are held in Abkhazia while the two thirds of population are persecuted and expelled, are illegal and null and void.

The Parliament of Georgia considers that the Sukhumi Separatist regime by means of imitating the self-governance elections continues to undertake absolutely fruitless endeavors - to create the image of government devoted to democratic values and acquire legitimacy. This act is one more cynical step to legitimize the ill-gotten gains of the policy of ethnic cleansing of the Georgian population, the fact, that has been officially recognized and condemned by the OSCE summits in Budapest (1994), Lisbon (1996) and Istanbul (1999).

The Parliament of Georgia believes that such volunteerism on the part of the Sukhumi Separatist regime is possible due to the clandestine support from certain powerful circles of Russia and leads the process of conflict resolution to a dead lock.

The parliament of Georgia calls upon the UN, OSCE, the European Union, the Council of Europe and the CIS to give appropriate evaluation to the illegal elections, to be held on March 10, 2001 on the territory of Abkhazia, to make the best use of all available tools and mechanisms of exerting influence on the Sukhumi separatist regime in order to prevent the so- called local self-governance elections from taking place.

The Parliament of Georgia

March 2, 2001

(Archive of the Parliament of Georgia)

 

 

YALTA DECLARATION OF THE GEORGIAN AND ABKHAZ SIDES

15-16 March 2001

The third Meeting of Confidence - building Measures between the Georgian and Abkhaz Sides within the framework of the Geneva peace process under the auspices of the United Nations, took place in Yalta on 15 and 16 March 2001, under the chairmanship of the Special Representative of the United Nations Secretary - General, Mr. Dieter Boden.

During the Meeting, in their desire to ensure favorable conditions for the continuation of the peace process so as to achieve a settlement and prevent a deterioration of the situation in the conflict zone, the Sides reaffirmed their commitments regarding the non-use of force against each other in resolving any disputes, with a view to achieving a comprehensive political settlement of the conflict. They also noted the importance of reaching mutual understanding and accord, and placed special emphasis on their determination to intensify efforts to create the necessary conditions for the voluntary and safe return of refugees to their permanent residences, in the first phase to the Gali district within the old borders.

The Sides noted the failure to prevent the resumption of military activities in May 1998, which appeared to be, inter alia, a consequence of the absence of reliable guarantees for the maintenance of peace. In the course of these events, there had also been a failure to employ in full all the mechanisms for the prevention of hostilities, including the CIS Collective Peacekeeping Forces and UNOMING. At the same time, the sides recognize the stabilizing role of the CIS Collective Peacekeeping Forces and UNOMING in the conflict zone.

On the basis of the above, striving to secure a durable peace, the Sides requested the Special Representative of the United nations Secretary- General to appeal to the United Nations, the Group of Friends of the United Nations Secretary - General for Georgia, the Organization for Security and Cooperation in Europe (OSCE) and CIS to become guarantors for the non-resumption of hostilities, the steady and safe return of refugees and displaced persons, in the first phase to the Gali district within the old borders, and to elaborate, with the participation of the Sides, the mechanism to implement these guarantees.

In case of a treat of military clashes or the resumption of military clashes, the CIS Collective Peacekeeping Forces, in accordance with their mandate of 26 May 1995, will undertake immediate measures to disengage military groups of the belligerents, along the disengagement line determined by the Moscow Agreement of 14 May 1994. The sides reaffirm their commitments regarding the observance of the cease-fire accords. They also reaffirm their obligations to prevent actions, which would threaten the life and security of the personnel of the CIS Collective Peacekeeping Forces and UNOMING, and other international personnel deployed in the conflict zone.

The sides stressed that confidence-building measure are an important element of the peace process, facilitating progress towards a comprehensive settlement of the conflict. On the basis of the above, the Sides agreed to adopt the Programme of Action of Confidence-building between the Georgian and Abkhaz Sides.

The Sides noted that the Special Representative of the Secretary - General would inform him about the outcome of this Meeting, and that the Secretary - General would subsequently report thereon to the UnitedNations Security Council.

The Sides and all the participants in the Meeting expressed their deep gratitude to the Government

of Ukraine for the invitation to hold the Meeting in Yalta, for its hospitality and for its active role in creating a constructive atmosphere, which made it possible to achieve important and substantial results.

For the Georgian Side G. Arsenishvili

For the Abkhaz Side V. Tsugba

For the United Nations D. Boden

For the CIS Collective Peacekeeping Forces N. Sidorichev

(www.un.org/russian; Archive of the Office of the Special Representative of the UN Secretary-General in Georgia)

 

 

APPENDIX TO THE PROGRAMME OF ACTION ON CONFIDENCE-BUILDING BETWEEN THE GEORGIAN AND ABKHAZ SIDES

Yalta, 15 - 16 March 2001

The third meeting on Confidence-building Measures between the Georgian and Abkhaz Sides took place on 15 and 16 March in Yalta, at the invitation of the Government on Ukraine, under the chairmanship of the Special Representative of the United Nations Secretary-General for Georgia, Mr. Dieter Boden, within the framework of the Geneva peace process for the settlement of the conflict under the auspices of the United Nations.

The Georgian Side was represented by a delegation headed by Mr. Giorgi Arsenishvili. The Abkhaz Side was represented by a delegation headed by Mr. Viacheslav Tsugba. Representatives of the Russian federation as facilitator, representatives of the Group of Friends of the United nations Secretary-general for Georgia - France, Germany, the Russian Federation, the United Kingdom and the United States - representatives of OSCE, the chief military Observer of UNOMIG, the Commander of CIS Collective the CIS Collective Peacekeeping Forces and the Executive Secretary of the Georgian - Abkhaz Joint Coordination Commission also participated in the Meeting.

The Minister for Foreign Affairs of Ukraine His Excellency Mr. Anatoli Zleko, welcomed the participants in the meeting and delivered an address from His Excellency the President of Ukraine, Mr. Leonid Kuchma. On 14 March 2001, the President of Ukraine met the heads of the delegation of two Sides and the special representative of the United Nations Secretary – General for Georgia.

During the meeting the Sides,

Noting the importance of confidence-building measures for the strengthening of peace and concord and the achievement of reconciliation, and placing special emphasis on their determination to intensify efforts in this field;

Proceeding from the fact that confidence-building measures are by nature an integral part of the Geneva peace process under the auspices of the united Nations, which is facilitating progress towards a comprehensive political settlement of the conflict;

Have agreed on the following:

1.The two Sides recognize the need to improve and reinvigorate efforts in the field of confidence-building measures within the framework of the Geneva peace process. In this connection, they reaffirm their readiness to implement in full the decisions adopted at the Athens and Istanbul Meetings on Confidence-building Measures. Moreover, the Sides declare their intention to implement fully the decisions adopted at the Yalta meeting on Confidence-building Measures, including those elaborated with the participation of non-governmental organizations.

2. The Sides establish, within the framework of the Coordinating Council, a mechanism for reporting progress made in implementing the agreed Confidence-building Measures. To this ed, the Sides undertake to create and maintain a database containing information on the progress made in implementing the projects. The database will be accessible via electronic means to all the participants in the peace process. The question of its funding will be discussed further.

3. The sides designate the representatives who will inform the Coordinating Council at its future meetings of the progress made in implementing the Confidence-building Measures.

4. In order to ensure the most effective implementation of the Confidence-building Measures, both Sides undertake to provide, as necessary, the organizational and technical support for such implementation, including the preparation of the necessary travel documents and the provision of venues for meetings, and also undertake to encourage the development of bilateral contacts in general. The Sides commend the work of the Bilateral Georgian-Abkhaz Coordination Commission, reaffirm their readiness to provide it with necessary assistance and, in this connection, request the United Nations to facilitate its work and to provide technical, financial and other support.

5. The Sides approved the Annex containing the list of specific measures on confidence-building measures that are an integral part of the present Programme.

(www.un.org/russian; Archive of the Office of the Special Representative of the UN Secretary-General in Georgia)

 

 

Annex to the Programme of Action on Confidence-building between the Georgian and Abkhaz Sides

The present list of specific confidence-building measures has been prepared on the basis of the suggestions put forward during the Yalta Meeting, which took place on 15 and 16 march 2001. This list is not exhaustive, and additional proposals by the Sides will be welcome. The measures proposed constitute recommendations for further action.

The Sides agreed that the modalities for the implementations of these measures would be discussed at the upcoming session of the Coordinating Council. Each Side shall promptly notify the Special representative in writing of the name of its representative designated in accordance with paragraph 3 of the programme of Action on Confidence-building between the Georgian and Abkhaz sides.

1. To organize the meeting of youth representatives of both Sides in Tsinandali.

2. To organize meetings of representatives of different political circles of both Sides.

3. To support the cooperation of organizations of war veterans and invalids of both Sides.

4. To support the continuation of meetings of the Elders of both Sides.

5. To support the conduct of seminars of young scientists of both Sides, within the framework of the projects of the Tbilisi School of political Research.

6. To organize meetings of students, instructors and lecturers at universities and other higher educational institutions of both Sides, including historians, with a view to restoring scientific ties and the exchange of information and lectures.

7. To support the continuation of contacts between the directors of the Tbilisi and Sukhumi libraries.

8. To organize meetings of the representatives of the Union of Writers of both Sides.

9. To support the initiative to resume “Sukhumpribor” activities, with the participation of the representatives of both Sides.

10. To support the continuation of meetings of aviation representatives of both Sides.

11. To continue close cooperation on the question of moving radioactive wastes currently located at the Sukhumi Physic—technical Institute to a safe storage place.

12. To establish cooperation in winemaking.

13. To promote media coverage of the process of mutual understanding between the Sides within the framework of the implementation of the Programme of Action on Confidence-building, including the activities of the Coordinating Council, its working groups and the Bilateral Georgian-Abkhaz Coordination Commission, as well as the implementation of joint economic, cultural and educational projects, the activities of non-governmental organizations, etc.

14. To broaden the exchange of newspapers between the Georgian and Abkhaz Sides by exchanging an equal number of copies of Sakartvelos Respublica and Apsny, with the financial and material support of the United Nations and OSCE.

15. For faster exchange of information, to provide technical support in setting up direct electronic communications between Apsnypress and Kavkazpress and other media agencies of both Sides, with the assistance of the United Nations.

(www.un.org/russian; Archive of the Office of the Special Representative of the UN Secretary-General in Georgia)

 

 

STATEMENT OF THE PARLIAMENT OF GEORGIA  on the planed so called referendum
elections of the separatist regime of Tskhnvali on 8 April 2001

The Separatist regime of Tskhinvali intends to hold referendum within the controlled territory on the adoption of the constitution of the so-called republic of South Osetia on 8 April of 2001.

The Parliament of Georgia declares that holding of so-called referendum in the region of Tskhnvali is illegal and directed against the territorial integrity of Georgia. According to the constitution of Georgia, article 74 paragraph 1, the power to fix referendum is wasted only within the competence of the president of Georgia.

The Parliament of Georgia considers that the holding of referendum by the so-called South Osetia is nothing but the intention of the separatist regime of Tskhinvali to prevent the peaceful resolution of the conflict.

The parliament of georgia calls upon the UN, OSCE, EU, EC the member states of CIS to give appropriate assessment to the planed so called Referendum in the region of Tskhinvali.

30. 03. 2001

(Archive of the Parliament of Georgia)

 

 

THE CONSTITUTION (ORGANIC LAW) OF THE REPUBLIC OF SOUTH OSSETIA adopted at the public referendum of the of the republic of South Ossetia on 8 April 2001

(…)

Article 1.

1. The Republic of South Ossetia is a sovereign democratic state based on law, which has been established by the right of nation to self-determination.

2. The sovereignty bearer and sole source of authority in the Republic of South Ossetia shall be its people.

(…)

Article 2.

1. The Constitution of the Republic of South Ossetia shall have a superior legal force and direct effect.

2. The laws and other legal acts that do not comply with the Constitution, are unlawful and legally void.

Article 3.

1. The Republic of South Ossetia independently determines its legal status, decides the political, economic, social and cultural issues.

(…)

3. The territory of the Republic of South Ossetia is inviolable and inalienable. Protection of sovereignty and territorial integrity is the most important function of the state.

4. The territory, status and the borders of the Republic of South Ossetia shall not be changed without consent of the people.

Article 4.

1. The official language of the Republic of South Ossetia is Ossetian language. The state authorities of the Republic of South Ossetia are responsible to secure and develop Ossetian language.

2. The Russian language, equally with the Ossetian language, and at the places of compact settlement of Georgians - the Georgian language shall be recognized as a language of State and other institutions.

Article 8.

1. The Republic of South Ossetia establishes its relations with the Republic of North Ossetia-Alania on the basis of ethnic, national, historical-territorial unity and social-economic integration.

Article 10.

1. The Republic of South Ossetia is authorized to enter in alliance with other states and delegate to the Union organs the part of its authority.

Article 11.

1. The foreign policy of the Republic of South Ossetia shall be based on the following principles:

2. Striving for common and just peace;

3. Mutual-beneficial cooperation;

4. Joining the collective security systems;

5. Membership of international organizations and other unions;

6. Universally recognized principles and international norms, as well as international treaties of the Republic of South Ossetia shall be the basis of relations with other states.

Article 16.

1. The Republic of South Ossetia shall have its own citizenship.

3. Double-citizenship is admissible in the Republic of South Ossetia.

Article 17.

The Republic of South Ossetia shall have its own symbols - a national flag, a National Emblem, and a national anthem, the description of which shall be established by constitutional laws.

(…)

Article 18.

The Republic of South Ossetia recognizes and secures human rights and freedoms of citizens pursuant to the universally recognized principles and norms of international law and in compliance of this Constitution.

Article 47.

1. The President of the Republic of South Ossetia is the Head of State and the Head of executive power.

2. The President of the Republic of South Ossetia shall observe the Constitution of the South Ossetia, rights and freedoms of citizens. He shall ensure the state sovereignty, security and territorial intergrity. He shall ensure, by his arbitration, the proper functioning of the public authorities and their poroper interaction.

3. The President of the Republic of South Ossetia shall determine domestic and foreign policy of the state in compliance with the Constitution and other laws of the South Ossetia.

4. The President of the Republic of South Ossetia, as the Head of State, represents the Republic in the country and at international levels.

Article 48.

Any citizen of the Republic of South Ossetia can be elected President who is not younger than 35 has the right to vote, is eligible to be elected, knows the state language and lives on the territory of South Ossetia not less than 10 years.

Article 50.

The President of the Republic of South Ossetial:

1. Exercises general guidance of the internal and foreign policy;

3. Approves the structure of the Government of the Republic of South Ossetia;

4. Appoints the Chairman of the Government of the Republic of South Ossetia upon the consent of the Parliament of the South Ossetia and dismisses him/her informing the Parliament of the South Ossetia;

6. Appoints and dismisses the members of Government of the Republic of South Ossetia and the heads of state agencies.

7. Appoints and dismisses the heads of administrations of cities and districts upon the consent of relevant Councils of Deputies;

18. Leads negotiations and Sign inter-state and international treaties and agreements;

25. Forms and leads the Security Council;

26. Approves the military doctrine of the Republic of South Ossetia;

27. Is the Commander-in-Chief of the Military Force of the Republic of South Ossetia;

28. Appoints and dismiss supreme commanders of the military forces of the Republic of South Ossetia...

Article 56.

The Parliament of the Republic of South Ossetia is the Supreme Representative and legislative organ of the Republic of South Ossetia.

(…)

Article 64.

The parliament of the Republic of South Ossetia:

17. Ratifies and denounces international Agreements of the Republic of South Ossetia;

18. Approves the decision on dislocation of military formations of other states on the territory of the South Ossetia.

Article 73.

1. The Government of the Republic of South Ossetia is the supreme corporate state organ of the unified system of executive power in the Republic of South Ossetia.

2. The Government of the Republic of South Ossetia comprises: the Chairman of the Government, the Deputy Chairmen of the Government, Ministers, Chairmen of the State Committees and the Committee of State Security of the Republic of South Ossetia. as well as the heads of Administration of the President and the Government.

(…)

Article 77.

1. The justice in the Republic of South Ossetia is exercised solely through the Courts.

2. The justice is exercised through the constitutional, arbitrage, civil, administrative and criminal court proceedings.

(…)

Article 82.

1. The control over the compliance of the laws and other legal acts of the Republic of South Ossetia with the Constitution of South Ossetia is exercised by the Constitutional Court of the Republic of South Ossetia.

(…)

Article 86.

1. The Procuracy of the Republic of South Ossetia, on behalf of the state, performs capital prosecution, supervises unified and exact application of the laws, Presidential Decrees and other normative legal acts on the whole territory of the Republic of South Ossetia.

2. The prosecutors offices of the Republic of South Ossetia is one, centralized system subordinating inferior prosecutors to the Prosecutor General of the Republic of South Ossetia.

(…)

8 April 2001

(Newspaper “Youzhnaia Ossetia”, # 33, 21 April 2001)

 

 

PROTOCOL of the Gali Meeting between the Georgian and Abkhaz Sides

On 16 April 2001 a meeting between the Georgian and Abkhaz Sides took place in Gali Region under the chairmanship of Mr. Dieter Boden - Special Representative of the UN Secretary-General, and in the presence of General Bughaev - the representative of the PKF of the CIS and General Bajwa - Chief Military Observer of the UNOMIG.

The Sides expressed their concern at the established situation.

For early normalization of the situation the sides agreed on the following:

1. To examine physical condition of detainees with possible involvement of representatives from the international organizations.

2. To exert every effort in order to secure handing over of detainees under the jurisdiction of relevant law-enforcement structures.

3. To hand over the dead bodies of those members of armed groups that were killed in the conflict zone on 7 April 2001.

The sides agreed to maintain regular contacts in order to make next concrete steps for comprehensive regulation of existing situation.

From the Georgian Side M. Kakabadze

From the Abkhaz Side S. Shamba

From the UNOMIG D. Boden

From the PKF of the CIS D. Bugayev

16 April 2001

(Archive of the Staff of the Minister of Georgia on Special Affairs)

 

 

PROTOCOL #11 MEETINGS OF COCHAIRMEN OF THE JCC FOR GEORGIAN-OSSETIAN CONFLICT SETTLEMENT

April 21, 2001, Vladikavkaz

Chaired by:

Boris Mayorov – Ambassador of Special Tasks of the Ministry of Foreign Affairs of Russia, Head of South Ossetian Part of the JCC

Agenda:

1. On activities of the JPKF;

on mutual activities 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:

1. On activities of the JPKF; on mutual activities of law enforcement organs of the parties in the zone of the Georgian-Ossetian conflict.

(Churaev, Ogoev, Shubladze, Machavariani, Kusov, Mayorov, Tibilov, Kublashvili, Vittebrud, Vikki, Gobozov)

Resolved:

1.1. Take into account the report of the Commander of the JPKF about the activities of peacemaking forces in the zone of the Georgian-Ossetian conflict.

1.1. Approve the decision on activities of the JPKF and mutual cooperation of law enforcement organs of the parties in fight against crime in the zone of the Georgian-Ossetian conflict (see Annex 1);

1.3. Continue consideration of the given issue at the next session of the JCC.

2. On rehabilitation of economy in the zone of the Georgian-Ossetian conflict

(Machavariani, Kusov, Mayorov, Tibilov, Vittebrud, Vikki, Bagiaev)

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. Continue consideration of the given issue at the next session of the JCC.

3. On the process of return of refugees

(Machavariani, Kusov, Mayorov, Tibilov, Vittebrud, Vikki, Bagiaev)

Resolved:

3.1. Approve the decision of the JCC on the process of return of refugees (see Annex 3)

3.2. Continue consideration of the given issue at the next session of the JCC.

4. Miscellaneous.

(Machavariani, Kusov, Mayorov, Tibilov, Vittebrud, Vikki, Bagiaev)

Resolved:

4.1. Approve the decision of the JCC on the actions for improvement of the activities of the JCC (see Annex 4)

4.2. Hold the next session of the JCC in Tskhinvali in the first half of July 2001.

Cochairmen of the JCC shall approve the agenda at the next session of the JCC.

M. Mayorov, Chairman of Session, Head of South Ossetian part of the JCC

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

Annex 1 To Protocol #11 of the JCC Session dated April 21, 2001

DECISION THE JCC FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On Activities of the JPKF and Mutual Cooperation of Law Enforcement Organs of the Parties for Fighting with Crime in the Zone of the Georgian-Ossetian Conflict

Within the period after 10 sessions of the JCC, the situation in the zone of the Georgian-Ossetian conflict remains stable and is moving towards further stabilization. Crimes taking place in the region does not bear ethnical nature. The peacemaking forces, in close cooperation with the law enforcement organs of the parties, shall take control over the situation in the zone of conflict.

The JCC resolved:

1. Approve the report of the Commander of the JPKF. Approve changes to the organizational and staffing structure of the joint headquarters of the JPKF through taking into account comments, names of posts for observation, division of zones of responsibilities of the battalions (the scheme of the organizational-staffing structure is attached).

2. Recommend the cochairmen of the JCC to inform the Governments of Russia and Georgia:

a) on changes introduced to the scheme of organizations of the Joint Headquarters (JH) of the JPKF and ask to complete staffing of the JH in accordance with the approved organizational structure prior to June 1, 2001.

b) taking into consideration the fact that logistical support of peacemaking battalions from Georgian and North Ossetian parties do not permit to fulfill objectives regarding maintenance of stability in the zone of conflict in full capacity, ask the leadership of the parties to take actions for complete staffing of Georgian and North Ossetian battalions, respectively, with material and technical assets in accordance with the organizational structure.

3. Approve the provision on Special Coordinating Center (the SCC) under the JCC for mutual activities of law enforcement organs in the zone of the Georgian-Ossetian conflict (attached).

4. Propose to the parties:

a). appoint cochairmen and authorized representatives in the SCC under the JCC;

b) the first session of the SCC under the JCC shall be held prior to June 1, 2001;

c) allocate necessary number of employees for the operation of the SCC under the JCC.

5. The Commander of the JPKF shall allocate premises under the UH for the SCC. Ask the leadership of Georgian and South Ossetian parties to allocate sources for repair works and equipping the offices of the SCC structures. The works shall be completed until the end of May 2001.

6. Assign the workgroup, prior to July 1, 2001, present to cochairmen of the JCC approved draft decisions on the issue of establishing posts of tripartite observers in the places of contact of the parties – in Kekhvi, Tamarasheni and Ergneti.

7. The Command of the JCC, within the period of one month, shall develop the provision on the joint headquarters and present it for approval to cochairmen of the JCC.

8. The Commander of the JPKF, in coordination with the chief military superiors, shall plan and take actions directed towards implementation of the objectives pursuant to the Provision on Main Principles of Activities of Military Contingents and Groups of Military Observers, together with the law enforcement organs, and independently, through necessary informing of heads of local administration, where the actions is being planned. Inform the cochairmen of the JCC about the actions to be taken.

9. Express gratitude to the European Commission, the OSCE and the Government of Norway for the funds allocated for the purpose of equipping the Special Coordination Center under the JCC

On behalf of the South Ossetian side

On behalf of the Georgian side

On behalf of the Russian Side

On behalf of the North Ossetian side

In participation of the OSCE

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

Annex 2 To Protocol #11 of the JCC Session dated April 21, 2001

DECISION THE JCC FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT

The JCC for the Georgian-Ossetian conflict settlement states that the meeting of cochairmen of the JCC on February 8, 2001 in Tskhinvali, consultative meeting of Georgian and South Ossetian experts of the workgroup of the JCC on economic issues on March 15, 2001 in Tbilisi, sessions of the workgroup of the JCC on economic issues on March 21-23, 2001 in Moscow and April 4-6, 2001 in Tbilisi (Tabakhmela) allowed the parties to coordinate the approaches and develop the principles of formation and realization of inter-state Russian-Georgia program on mutual cooperation in rehabilitation of economy in the zone of the Georgian-Ossetian conflict.

The parties emphasize the positive efforts of international organizations and donor countries in realization of social, economic and humanitarian programs in the zone of the Georgian-Ossetian conflict and express hope for future development of cooperation towards this direction.

Considering the proposals presented by the workgroup of the JCC on economic issues and based on the provisions of the agreement between the Governments of Russian Federation and Georgia on mutual cooperation and rehabilitation of economy in the zone of the Gerona-Ossetia conflict and return of refugees dated December 23, 2000 (hereafter referred to as the Agreement).

The JCC resolved:

1. Approve the following developed by the workgroup of the JCC on economic issues:

1.1. The principles of formation of inter-state Russian-Georgian programs on mutual cooperation in rehabilitation of economy in the zone of the Georgian-Ossetian conflict (hereafter referred to as the program).

1.1.1. The program shall be directed towards the rehabilitation and development of economy in the zone of the Georgian-Ossetian conflict, raising the living standards of the population.

1.1.2. The program shall incorporate:

a) substantiation of the necessity for developing and realization of the Program taking in the account the social-economic situation in the zone of the Georgia-Ossetian conflict, basic problems of the social and economic development and precondition for the resolution thereof;

b) goals, objectives, terms and stages of realization of the Program;

c) system of actions of the Program;

d) assessment of the efficiency of the social and economic and ecological consequences of the realization of the Program;

e) organization of the control over realization of the Program.

1.1.3. Draft program shall be developed by the workgroup of the JCC on economic issues through carrying out preliminary consultations of experts of South Ossetian and Georgian parties and presented to the plenary session of the JCC for approval.

1.1.4. After approving by the JCC the draft program, cochairmen of the JCC from Georgian and Russian parties shall ensure carrying out necessary inter-state procedures and present the Program for signing.

1.1.5. After signing by the official persons represented by the leadership of the parties, the Program shall become effective in accordance with the Agreement.

1.1.6. Changes and amendments to the Program may be introduced in coordination with the parties in accordance with the Agreement.

1.2. Mechanism of the Program implementation:

1.2.1. For the purpose of developing and realizing the Program, Russian and Georgian parties shall establish the Russian-Georgian inter-state organ with the representations in Moscow and Tbilisi, with executive directorate of the Program in Tskhinvali. Representations of Moscow and Tbilisi, if possible, shall be established directly after the plenary session of the JCC in Vladikavkaz.

1.2.2. Russian and Georgian parties shall represent the normative and legal basis for direct realization of the program and take actions for providing funding of the Program from respective state budgets and other sources.

1.2.3. Contractual and sub-contractual organizations, for the purpose of constructing entities within the Program, shall be attracted, in general, on competition basis.

1.2.4. The JCC shall take into account the fact that Russian and Georgian parties expressed intention to start working on the draft provision on Russian-Georgian inter-state organ with the participation of South Ossetian and Georgian parties, with further submission to the organs of state authorities of the parties according to the set rules.

1.2.5. For the purpose of realization of the program, the parties shall attract sources of international donors and investors. To this end, joint Georgian-South Ossetian organ for realization of the Program shall be established with the participation of international donors and investors.

1.2.6. The JCC shall take into account that Georgian and South Ossetian parties expressed their intention to start working on the draft provision on Georgian-South Ossetian organ for realization of the Program with the participation of international donors and investors.

1.2.7. Russian-Georgian inter-state organ and South Ossetian organ shall carry out permanent exchange of information and mutual consultations.

1.2.8.. Control over the realization of the Program shall be taken by the JCC for the Georgian-Ossetian conflict settlement.

1.2.9.. The scheme for formation and realization of the program is attached (see Annex 2).

2. Recommend Russian and Georgian parties to carry out negotiations in the second half of May 2001 in Moscow with the participation of authorized representatives of South Ossetian and Georgian parties on the issues of development and management of the Program on rehabilitation of economy in the zone of the Georgian-Ossetian conflict and priority projects of the program.

3. Recommend the parties to review the presented by South Ossetian party the package of projects for their inclusion in the Program and introduce their comments and proposals thereof.

On behalf of the South Ossetian side

On behalf of the Georgian side

On behalf of the Russian Side

On behalf of the North Ossetian side

In participation of the OSCE

and the EC

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

Annex 3 To Protocol #11 of the JCC Session dated April 21, 2001

DECISION on the Process of Return of Refugees

The JCC resolved:

1. Use as the basis the daft Russian-Georgian Program on Return, Accommodation, Integration and Reintegration of refugees, IDPs and other Persons suffered as a result of the Georgian-Ossetian conflict presented by Special Committee of refugees which includes actions to be taken for rehabilitation of economy in the regions for them to return.

2. Assign the Special Committee of Refugees, prior to June 2001, complete the above-noted draft Program and present it for consideration to cochairmen of the JCC.

3. Apply to the Chief Commissar of UN on the affairs of refugees with the request to consider the activities of UN regarding resolution of the problem of refugees, IDPs and other persons suffered as a result of the Georgian-Ossetian conflict as the first priority, accelerate appointment of the Head of the Mission of UN in Georgia and sending their authorized representatives to participate in the development and realization of the inter-state Program of return, Accommodation, Integration and Reintegration of refugees, IDPs and other Persons suffered as a result of the Georgian-Ossetian conflict.

4. Assign the Special Committee of refugees to determine the categories of citizens falling under the concept of “other persons”.

On behalf of the South Ossetian side

On behalf of the Georgian side

On behalf of the Russian Side

On behalf of the North Ossetian side

In participation of the OSCE

and the EC

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

 

 

 

 

ORGANIZATIONAL CHART JOINT FORCES FOR MAINTAINING PEACE IN THE ZONE OF THE GEORGIAN-OSSETIAN CONFLICT

Assistant to the Commander of SSPM on cooperation with law-enforcement organs from the Russian side

Commander of SSPM

Press-Center

Head of the Press-Center 1 from Russian Side

 

 

 

Russian Side

Journalists

Georgian Side

North-Ossetian Side

United Military Headquarters

Head of ОШ ССПМ

Chief commander of RF

Chief commander of Georgia

 

Chief commander of Ossetia

Chief commander of Georgia

 

Sen/Supervisor of Russia

 

Deputy of НШ of N/Ossetian Party

Deputy of НШ of Georgian Party

 

МСБ from RF

МСБ from Georgia

 

МСБ from Alania

 

Rus/Oss/Geor .Supervisors, 18 each

 

 

 

Operative.Dept

Rus.Signal Office Center

Transport Department

 

 

Head Operat.Dept of Russia

 

Operator from Russia

 

КО – 1 from Rus.Side

НШ Assistant on Communications from Russia

Drivers

Security Dept. of Russia – 10 persons

Commandant'

From Rus.Side -2

НШ Assistant on engineering from Russia

 

Operator from N/Ossetia

 

Medical Unit (2 from Ossetain side)

 

Operator from Georgia

 

From Georgian Side -3

Military Commandant’s Office: Commandant – 1;

From N/Ossetia – 1;

From Georgia – 1;

From N/Ossetia – 6;

Head of Guardhouse from N/Ossetia – 1;

Driver from N/Ossetia -2

 

 

 

НШ Assistant on `РАВ from Russia

 

 

Operator on duty – 8 persons

 

From N/Ossetian Side - 1

 

 

Secretary (1 from N/Ossetia)

 

ОШ Commander from Russia - 1

 

 

Typist (1 from N/Ossetia)

 

 

 

Clerk/draftsman (1 from N/Ossetia)

 

 

 

 

 

 

 

 

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

 

Annex 4 To Protocol #11 of the JCC Session dated April 21, 2001, Vladikavkaz

DECISION on the Actions to be taken for Improvement of the Activities of the JCC

For the purpose of improving the activities of the JCC for the Georgian-Ossetian conflict settlement, the JCC resolved:

1. For the purpose of making operative decisions on the issues being under the competence of the JCC, within the period between the plenary sessions of the JCC, deem it expedient to carry out regular meetings of heads of parts of the JCC (cochairmen of the JCC).

State that the decisions made by cochairmen of the JCC shall be formed in the form of protocols and become effective upon their adoption.

The venue and date of holding of meetings of cochairmen of the JCC as well as agendas thereof shall be defined along the way.

1. For the purpose of complete coverage of the activities of the JCC, close cooperation of the JCC with the press (mass media) shall be provided.

2. Raise the issue with the OSCE about the possibility to render multilateral efficient assistance on the part of the JCC for increasing the efficiency of is activities.

On behalf of the South Ossetian side

On behalf of the Georgian side

On behalf of the Russian Side

On behalf of the North Ossetian side

In participation of the European Commission

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

PROTOCOL of the Gali Meeting between the Georgian and Abkhaz Sides

On 11 May 2001 a meeting between the Georgian and Abkhaz Sides was held in Gali Region in presence of the Chief Military Observer of the UN General Bajwa and the Chief of Staff of the PKF of the CIS General D.L. Bughaev.

In the course of the Meeting the Sides agreed to carry out the following measures:

1. The Georgian Side will hand over to the Abkhaz side six hostages.

2. The law-enforcement agencies of the Abkhaz side will hand over to the law-enforcement agencies of the Georgian side three arrested people suspected in murder and other heavy crimes. Concurrently the Georgian law-enforcement agencies will receive the files on criminal cases to be considered and bring the aforementioned persons to justice.

3. The Mission of the UN will exercise the control on the implementation of these agreements and facilitate the sides in their realization.

From the Georgian Side A. Ioseliani

From the Abkhaz Side A. Jergenia

From the UNOMIG A. Bajva

From the CIS Peacekeeping Forces D. Bughaev

11 May 2001

(Archive of the Staff of the Minister of Georgia on Special Affairs)

 

 

MEMORANDUM ON THE MEETING BETWEEN L. A. CHIBIROV AND Y. M. LUZHKOV

The leader of the South Ossetia L. A. Chibirov and the mayor of Moscow Y. M. Luzhkov held the meeting on 21 may 2001 in Moscow.

Based on historically established partnership and friendly relation, mutual aim to the comprehensive development of cooperation,

Recognizing the necessity for more effective application of existing opportunities to develop mutual cooperation,

Being guided with the Agreement concluded between the Government of the Russian Federation and the Government of Georgia on cooperation with regard of reconstruction of economy in the Georgian-Ossetian conflict zone and on return of refugees of 23 December 2000,

Declaring on establishment and development of friendly relation and cooperation between the South Ossetia and Moscow, stressing on mutual desire to cooperation in the regulation of conflict and restoration of economy in the Georgian-Ossetian conflict zone, constructive participation of the Moscow’s Government in the work of joint Assessment Commission on regulation of the Georgian-Ossetian conflict,

Agreed upon the following:

1. The South Ossetia and Moscow exercise the cooperation based on the principles of long-term cooperation and mutual benefit; assist each other in emergency situations.

2. The South Ossetia and Moscow exercise trade-economic cooperation encouraging direct links between the organizations; promote establishment of joint ventures introducing the realization of join investments and other projects that are within the sphere of mutual interests, in particularly under the auspices of Joint Assessment Commission on reconstruction of economy in the zone of Georgian-Ossetian conflict. For this purpose the South Ossetia and Moscow cooperate in the sphere of transport, communication, education, health care and environment protection.

3. The South Ossetia and Moscow develop scientific-technological cooperation; cooperate in preparation of scientific personnel, hold the joint conferences, seminars and working meetings.

4. The South Ossetia and Moscow develop the cooperation in the sphere of culture, tourism infrastructure development and sport.

5. The South Ossetia and Moscow exchange the information in economic and humanitarian spheres, assist the media representatives to disseminate objective and timely information regarding ongoing events.

6. The South Ossetia and Moscow hold the talks and consultations when necessary to organize the cooperation.

For the South Ossetian side L. A. Chibirov

For the Moscow side Y. M. Louzhkov

21 May 2001

(Archive of the OSCE Mission in Georgia)

 

 

Annex 4 To Protocol # 11 of the JCC Session dated April 21, 2001, Vladikavkaz

DECISION on the Actions to be taken for Improvement of the Activities of the JCC

For the purpose of improving the activities of the JCC for the Georgian-Ossetian conflict settlement, the JCC resolved:

1. For the purpose of making operative decisions on the issues being under the competence of the JCC, within the period between the plenary sessions of the JCC, deem it expedient to carry out regular meetings of heads of parts of the JCC (cochairmen of the JCC).

State that the decisions made by cochairmen of the JCC shall be formed in the form of protocols and become effective upon their adoption.

The venue and date of holding of meetings of cochairmen of the JCC as well as agendas thereof shall be defined along the way.

1. For the purpose of complete coverage of the activities of the JCC, close cooperation of the JCC with the press (mass media) shall be provided.

2. Raise the issue with the OSCE about the possibility to render multilateral efficient assistance on the part of the JCC for increasing the efficiency of is activities.

On behalf of the South Ossetian side

On behalf of the Georgian side

On behalf of the Russian Side

On behalf of the North Ossetian side

In participation of the European Commission

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

Annex to Protocol #11 of the JCC Session dated April 21, 2001, Vladikavkaz

PROVISION On Special Coordinating Center (the SCC) under the JCC for Mutual Activities of Law Enforcement Organs in the Zone of the Georgian-Ossetian Conflict

The Georgian and Ossetian parties, together with the Russian federation and North Ossetian Republic – Alania, in participation with the OSCE,

Recognizing the right of all citizens to safe dwelling in the places of their previous residence and return thereof,

Acting in accordance with the Agreement on the principles of resolving the Georgian-Ossetian conflict, signed in Sochi on June 24, 1992, the provision on Joint Control, Forces (JCC) dated October 31, 1994, the Memorandum on the actions to be taken for ensuring safety and strengthening mutual confidence between the parties to the Georgian-Ossetian conflict dated May 16, 1996, the Protocol on mutual activities of law enforcement organs in the one of conflict signed in Java on September 26, 1997, Resolution of the 10th (14th) session of the JCC dated July 23, 1999,

Confirming its striving for inter-national agreement, peace, providing guarantees of safety and observing the rights of individuals,

Expressing its readiness for securing safety of returned refugees and IDPs to the places of their previous residence and abolishing illegal actions,

Agreed to establish the Special Coordinating Center (the SCC) for mutual activities of law enforcement organs in the zone of the Georgian-Ossetian conflict.

1. The main functions of the SCC shall be:

1.1. To coordinate efforts of respective organs of the parties for taking preventive measures and preventing illegal actions in the zone of the Georgian-Ossetian conflict.

1.2. To develop and realize of joint actions for fighting against crime in close cooperation with the Command of the JPKF.

1.3. To organize taking of actions for voluntary handing of weapons, arms, ammunition and explosive substances.

1.4. To support taking of operative-investigative actions for disclosing severe crimes, including for the previous years.

1.5. To develop and implement joint target programs for fighting against organized crime, drag-business, smuggling, coinage offense, kidnapping, hijacking.

1.7. To hold discussions on current operative issues with the participation of all parties minimum once a month.

1.7. To analyze operative situation and exchange information.

1.8. To present report to the plenary sessions of the JCC about the conducted works.

2. Composition of the SCC

2.1. The the SCC shall consist of the authorized representatives of employees of central organs of executive authorities of Georgian and South Ossetian parties. The the SCC shall carry out its activities in close cooperation with the Command of the JCC.

2.2. Each party shall appoint cochairman of the SCC from the authorized representatives.

2.3. Cochairman of the SCC shall be authorized to make decision on the issues of law and order.

2.4. Chairman f the plenary session shall be the head of the recipient party.

2.5. For the implementation of the SCC decisions, a Council of permanent representatives shall be established, to which operative-investigative group, the group for organizing mutual activities of law enforcement organs off the parties and the computer center are subordinated (see Annex1). The SCC and its structures shall be located under the Joint headquarters of the JPKF.

2.6. The SCC shall develop and present to the JCC the provision on its structural subdivisions.

2.7. The provision, regaling the mutual activities of law enforcement organs in the zone of the Georgian-Ossetian conflict shall become effective upon its signing.

On behalf of the South Ossetian side

On behalf of the Georgian side

On behalf of the Russian Side

On behalf of the North Ossetian side

In participation of the OSCE

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

PROTOCOL #2 ON RESULTS OF THE MEETING OF COCHAIRMEN OF THE JCC FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT

July 3, 2001, Tskhinvali

Chaired by:

L. Tibilov Head of South Ossetian Part of the JCC

Agenda

1. On activities of the JPKF;

2. On measures to be taken for development and realization of inter-state program for mutual cooperation in rehabilitation of economy in the zone of the Georgian-Ossetian conflict.

3. On return of refugees.

4. On proposals of active chairmanship of the OSCE and the European Commission.

Cochairmen reviewed the above-noted issues and resolved:

1. On activities of the JPKF.

(Tibilov, Machavariani, Kusov, Bagiaev, Gobozov, Mayorov, Churaev, Shubladze)

1.1. Approve the decision of activities of the JPKF (Annex 1).

2. On measures to be taken for development and realization of inter-state program for mutual cooperation in rehabilitation of economy in the zone of the Georgian-Ossetian conflict.

(Tibilov, Machavariani, Kusov, Bagiaev, Gobozov, Mayorov)

2.1. Approve the decision on measures to be taken for development and realization of inter-state program for mutual cooperation in rehabilitation of economy in the zone of the Georgian-Ossetian conflict (Annex 2).

3. On return of refugees

(Tibilov, Chochiev, Machavariani, Kusov, Bagiaev, Gobozov, Mayorov, Shresta)

3.1. Approve the decision on the process of return of refugees (Annex 3).

4. On proposals of active chairmanship of the OSCE and the European Commission.

(Ivar Vikki, Jan Vantomme, Tibilov, Chochiev, Machavariani, Kusov, Bagiaev, Gobozov, Mayorov, Roseanu)

4.1. Approve the decision on proposals of active chairmanship of the OSCE and the European Commission.

L. Tibilov, Cochairman from South Ossetian Party.

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

Annex 1 To Protocol #2 of Session of Cochairmen of the JCC dated July 3, 2001 Tskhinvali

DECISION OF THE MEETING OF COCHAIRMEN OF THE JCC FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On activities of the JPKF

Cochairmen of the JCC

1. Assign the workgroup, prior to July 15, 2001, to present to cochairmen of the JCC the agreed draft decision on the places for establishing posts of tripartite observers in the regions of contact of the parties – Kekhvi, Tamarasheni, Ergneti.

2, Cochairmen of the JCC from Georgian and Russian parties shall raise the issue with the respective organs of the executive authorities on the necessity to staff the Joint Headquarters in accordance with the approved organizational and staff structure and provide the peacemaking battalions of the parties with material and technical resources prior to August 1, 2001.

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

Eoropean Commisison

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

Annex 2 To Protocol # 2 of Session of Cochairmen of the JCC dated July 3, 2001, Tskhinvali

DECISION OF THE MEETING OF COCHAIRMEN OF THE JCC FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On measures to be taken for development and realization of inter-state program for mutual cooperation in rehabilitation of economy in the zone of the Georgian-Ossetian conflict

1. Cochairmen of the JCC express with great satisfaction about the striving of the parties, international organizations, representatives of business circles, any person who expresses the readiness to participate on the economic rehabilitation of the zone of conflict, to develop initiatives for practical realization of the provisions of the Agreement between the Governments of Russian Federation and Georgia on mutual cooperation in rehabilitation of economy in the zone of Georgian-Ossetian conflict and return of refugees dated December 23, 2000.

2. For the purpose of preventing reaction of the parties with regard to actions in connection with the formation and realization of programs considered under the Agreement, cochairmen of the JCC agreed on closer coordination thereof.

Recommend Russian and Georgian parties, until the end of July, 2001, to make a decision on formation the inter-governmental organ and develop the mechanism for realization of the Agreement with the participation of South Ossetian and North Ossetian parties.

3. Prior to July 15, 2001, to hold consultations of Georgian and South Ossetian parties on the issues of developing inter-state Russian-Georgian program on mutual cooperation in rehabilitation of economy in the zone of the Georgian-Ossetian conflict (hereafter the Program) and the priority draft program presented by the parties.

4. Recommend Russian and Georgian parties, during the last decay of July 2001, to hold in Moscow the negotiations with the participation of the authorized representatives of South Ossetian and North Ossetian parties on the issues of management of the Program and development of priority draft program.

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

Eoropean Comission

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

Annex 3 To Protocol # 2 of Session of Cochairmen of the JCC dated July 3, 2001 Tskhinvali

DECISION OF THE MEETING OF COCHAIRMEN OF THE JCC FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On Return of Refugees

Cochairmen of the JCC resolved:

1. In accordance with paragraph 11 of the provision on the ad hoc committee of the JCC for cooperation in voluntary return of refugees and IDPs as a result of the Georgian-Ossetian conflict to the places of their previous permanent residence, considering the proposal about introducing changes to the said provision, on the basis of the decision of the JCC dated April 21, 2001 (Annex 4 to Protocol 11), introduce the following amendment to paragraph 6 of the Provision of the JCC:

- the parties of the JCC shall establish a working commission with the participation of interested (concerned) agencies and local organs of authorities for considering the statements of refugees and IDPs on the issues of their return to the palaces of their previous permanent residence and preparation of concrete proposals, as well as active units for the purpose of organizing works of the ad hoc committee.

2. The parties address to UN with the proposal to start closer cooperation and concretize participation of UN in the process of return, integration and reintegration of refugees and IDPs.

 

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

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

Annex 4 To Protocol # 2 of Session of Cochairmen of the JCC dated July 3, 2001,Tskhinvali

DECISION OF THE MEETING OF COCHAIRMEN OF THE JCC FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On proposals of active chairmanship of the OSCE and the European Commission

Cochairmen of the JCC resolved:

1. Cochairmen of the JCC deem it expedient to hold the next, 6th meeting of expert groups for political settlement of the Georgian-Ossetian conflict.

Taking into account the proposal of the active chairmanship of the OSCE and the decision made in Vladikavkaz, propose the parties, prior to July 15, 2001, to exchange opinions with regard to the meeting and inform the Mission of the OSCE in Georgia as well as each other about the decisions made.

2. The parties marked with great satisfaction the readiness of the EC to render multi-sided effective assistance to the JCC and expert groups in enhancing the efficiency of their activities.

3. The parties took into account the proposal of the ERC on funding the project on issuance of the Bulletin 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:

the OSCE Mission

the European Commission

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

JOINT STATEMENT of the Seventh Session of the Working Group One

On 10 July 2001 at Sukhumi headquarter of the UNOMIG the Seventh Session of the Working Group One was held under the chairmanship of the Chief Military Observer of the UNOMIG Major General Anis A. Badjwa. The Georgian delegation was led by Mr. Malkhaz Kakabadze. The Abkhaz delegation was led by Lieutenant General Givi Agrba. The delegation of the CIS PKF was led by Major General Nikolay Sidorychev. The Special Representative of the UN Secretary-General Mr. Dieter Boden opened the session and made an address.

1. At this Session the Group discussed two principal issues: first, the activity of the Joint Fact-Finding Group (JFFG) and the Joint Group (JG); secondly, the delimitation of the Restricted Weapon Zones on either side of the Cease-Fire Line.

2. The UNOMIG and the both sides summed up the results of the work of the Joint Fact-Finding Group. The session agreed upon the following recommendations. It recommends these to the Coordinating Council for approval.

a) The two Sides will continue working with one another in a spirit of mutual trust in order to prevent the violations of Moscow Agreement, to reduce the level of criminality within the areas under their responsibility and to bring the perpetrators to justice.

b) To this end, all of the nominated members of both groups are conscientiously to attend both meetings and investigations of the JFFG an the JG. When the nominated member to the joint Group is unable to attend, he is to send a deputy in his stand. These deputies shall be appointed officially. If any of the sides wishes to replace one of its nominees for either Group, it should do it formally in writing.

c) The Sides will henceforth exchange written information about cases at the weekly Quadripartite meetings.

3. Before the Session the both sides had submitted proposals to the CIS PKF for altering the limits of the Restricted Weapon Zone. None of recommendations was agreed. The both sides will consider the proposals made by the other and will finalize their response before the next meeting of the Coordinating Council on 17 July 2001.

4. The Eighth Session of the Working Group One will be held at the headquarter of the UNOMIG in Tbilisi in the mid-September 2001.

For the Georgian Side P. Moniava

For the Abkhaz Side G. Agrba

For the CPKF of the CIS N. Sidorichev

For the UNOMIG A. Bajva

10 July 2001

(Archive of the Staff of the Minister of Georgia on Special Affairs)

 

 

RESOLUTION OF THE PARLIAMENT OF GEORGIA on Non-Implementation by the Russian Federation of the Joint Statement Adopted at the Istanbul OSCE Summit in 1999

The Parliament of Georgia is extremely concerned by the fact of non-implementation by the Russian Federation of the Joint Statement adopted at the Istanbul OSCE Summit in 1999 and emphasizes that the Russian Federation has violated the international agreement by not closing the Gudauta military base in within a fixed time-frame.

The Parliament of Georgia … calls upon the Russian Federation to fully implement all provisions of the Joint Istanbul OSCE Statement.

Non-implementation of pledged commitments taken in the front of International Community-is a dangerous precedent and poses threat to the modern, universally recognized norms of international law and the established world order.

Driving out of ethnic Georgians from Abkhazia in 1992-94 was qualified by the OSCE as an ethnic cleansing, and the introduction by Russia of via-free, favorable conditions for Abkhazia and the Tskhinvali region was qualified by the European Parliament as an attempt at factual annexation. Dragging out by the Russian Federation of the process of closing the Gudauta military base-represents the gross violation of international agreement and amounts to overt support to the separatist regime of Abkhazia. The recent manifestly unfriendly steps taken by the Russian Federation against Georgia, namely, unilateral introduction of visa -free regime on the territories under the control of separatist regimes in Abkhazia and the Tskhinvali region.

Seeking to achieve mutually acceptable and timely agreement with regard to time -frame for closing the Batumi and Akhalkalaki military bases and declaring that it is not in the best interests of Georgia to have on its territory military bases of foreign states,

The Parliament of Georgia decrees:

Purposeful blockage by the Russian Federation of the process of closing the Gudauta military base is to be qualified as gross violation of State sovereignty of Georgia, overt support of the separatist regime of Abkhazia and attempt at legitimization of factual occupation and annexation of the part of the territory of Georgia after the ethnic cleansing that took place in 1992-94.

- The Ministry of Foreign Affairs of Georgia shall appeal to the OSCE and its member states, as well as to other international organizations to react adequately to the fact of gross violation by the Russian Federation of the Joint Istanbul OSCE Statement adopted in 1999;

- Ministry of Taxation and Ministry of Finance of Georgia shall secure, in accordance with the established regulations, definition of amount of taxes to be paid by the Russian Federation for usage the territory of Georgia (land tax) and other taxes;

- The Ministry of Foreign Affairs of Georgia shall start negotiations with the Russian Federation on the issues related to compensation for illegally withdrawn from Georgia, after 1991, military property of the USSR that belonged to Georgia.

- To entrust competent committees of the Parliament of Georgia with a task of preparing proposals relating to payment of material and ecological damage caused by the presence of Russian military bases on the territory of Georgia.

- In case of non-implementation by the Russian Federation of its commitments envisaged in the Istanbul Joint Statement, the Parliament of Georgia shall address the issue of expedience of ratification of the adopted agreement on Conventional Forces in Europe.

Chairman of the Parliament of Georgia Z. Zhvania

18 July 2001

(Newspaper “Afkhazetis khma”, # 29, 20 July 2001)

 

 

RESOLUTION 1364 (31 JULY 2001) ADOPTED BY THE UN SECURITY COUNCIL

The Security Council,

Recalling all its relevant resolutions, in particular resolution 1339 (2001) of 31 January 2001, and the statements of its President of 21 March 2001 (S/PRST/2001/9) and 24 April 2001 (S/PRST/2001/12),

Having considered the report of the Secretary-General of 19 July 2001 (S/2001/713),

Recalling the conclusions of the Lisbon (S/1997/57, annex) and Istanbul summits of the Organization for Security and Cooperation in Europe (OSCE) regarding the situation in Abkhazia, Georgia,

Stressing that the continued lack of progress on key issues of a comprehensive settlement of the conflict in Abkhazia, Georgia, is unacceptable,

Deeply concerned by the interruption of negotiating activities following the killings and hostage-taking incidents in April and May 2001 in the district of Gali, on 8 and 9 July 2001 in the Gulripshi area and again on 22 July 2001 in Primorsk,

Expressing its regrets at the cancellation of the thirteenth session of the Coordinating Council of the Georgian and Abkhaz sides, initially scheduled for 17 July 2001, due to the withdrawal of the Abkhaz side following those incidents,

Recalling the relevant principles contained in the Convention on the Safety of United Nations and Associated Personnel adopted on 9 December 1994,

Welcoming the important contributions that the United Nations Observer Mission in Georgia (UNOMIG) and the Collective Peacekeeping Forces of the Commonwealth of Independent States (CIS peacekeeping force) continue to make in stabilizing the situation in the zone of conflict, noting that the working relationship between UNOMIG and the CIS peacekeeping force has remained very close, and stressing the importance of close cooperation between them in the performance of their respective mandates,

Noting the invitation of the Georgian Government for the Security Council to dispatch a mission to the region,

1. Welcomes the report of the Secretary-General of 19 July 2001;

2 Regrets the deterioration of the situation in the zone of conflict due to the ongoing violence, hostage-taking incidents, the rise in criminality and the activities of illegal armed groups in the conflict zone, which constitutes a constant threat to the peace process;

3. Strongly supports the sustained efforts of 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 promote the stabilization of the situation and the achievement of a comprehensive political settlement, which must include a settlement of the political status of Abkhazia within the State of Georgia;

4. Recalls the intention of the Special Representative to submit the draft paper on the question of the distribution of constitutional competences between Tbilisi and Sukhumi as a basis for meaningful negotiations, and not as an attempt to impose or dictate any specific solution to the parties;

5. Stresses the importance of early submission to the parties of the paper as a starting point and significant catalyst for negotiations on a comprehensive political settlement, and deeply regrets that the Special Representative of the Secretary-General has not been in a position to do so;

6. Stresses also the need to accelerate work on the draft protocol on the return of the refugees to the Gali region and measures for economic rehabilitation, as well as on the draft agreement on peace and guarantees for the prevention and for the non-resumption of hostilities;

7. Calls upon the parties, in particular the Abkhaz side, to undertake immediate efforts to move beyond the impasse and to engage into negotiations on the core political questions of the conflict and all other outstanding issues in the United Nations-led peace process;

8. Welcomes the documents signed at the Yalta meeting on confidence-building measures in March 2001 (S/2001/242), and urges the Georgian and Abkhaz sides to implement the proposals agreed in those documents in a purposeful and cooperative manner;

9. Calls upon the parties to resume their work in the Coordinating Council and its relevant mechanisms as soon as possible;

10. Urges the parties to work together, through more effective use of existing arrangements within the Coordinating Council mechanisms, in order to clarify the incidents of 8, 9 and 22 July 2001, bring about the release of the hostages still being held and bring the perpetrators to justice;

11. Reaffirms the unacceptability of the demographic changes resulting from the conflict, and reaffirms also the inalienable right of all refugees and internally displaced persons affected by the conflict to return to their homes in secure and dignified conditions, in accordance with international law and as set out in the Quadripartite Agreement of 4 April 1994 (S/1994/397, annex II);

12. Further urges the parties, in this context, to address urgently and in a concerted manner, as a first step, the undefined and insecure status of spontaneous returnees to the Gali district, which remains an issue of serious concern;

13. Welcomes measures undertaken by the Government of Georgia, the United Nations Development Programme, the Office of the United Nations High Commissioner for Refugees, the Office for the Coordinator of Humanitarian Affairs and the World Bank to improve the situation of refugees and internally displaced persons to develop their skills and to increase their self-reliance with full respect for their inalienable right to return to their homes in secure and dignified conditions;

14. Recalls with satisfaction the joint assessment mission to the Gali district, carried out under the aegis of the United Nations, and looks forward to a discussion by the parties of practical steps to implement the mission’s recommendations;

15. Deplores all violations of the Moscow Agreement of 14 May 1994 on a Ceasefire and Separation of Forces (S/1994/583, annex I), and notes with particular concern the military exercises conducted by both parties in June and July 2001 in violation of the Moscow Agreement;

16. Expresses its concern at the disturbing tendency by the parties to restrict the freedom of movement of UNOMIG, thereby hindering the ability of the Mission to fulfil its mandate, urges both sides to return immediately to full compliance with the Moscow Agreement, which remains a cornerstone of the United Nations peace effort, and calls upon the parties to ensure the security and freedom of movement of United Nations and other international personnel;

17. Recalls that the Georgian and the Abkhaz sides bear the primary responsibility for the security of UNOMIG, the CIS peacekeeping force and other international personnel and for full compliance with all security arrangements agreed between them to preclude any further aggravation of the situation, and urges both parties to bring to justice the perpetrators of all hostage-taking incidents, particularly the abduction of two UNOMIG military observers in the Kodori Valley on 10 December 2000;

18. Reminds the Georgian side in particular to uphold its commitment to put a stop to the activities of illegal armed groups crossing into Abkhazia, Georgia, from the Georgian-controlled side of the ceasefire line;

19. Welcomes UNOMIG keeping its security arrangements under constant review in order to ensure the highest possible level of security for its staff;

20. Decides to extend the mandate of UNOMIG for a new period terminating on 31 January 2002, 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 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;

21. Requests the Secretary-General to continue to keep the Council regularly informed and to report three months from the date of the adoption of this resolution on the situation in Abkhazia, Georgia, and requests also the Secretary-General to provide for a briefing within three months on the progress of the political settlement, including on the status of the draft paper his Special Representative intends to submit to the parties as referred to in paragraph 4 above;

22. Decides to remain actively seized of the matter.

(www.un.org/docs)

 

 

PROTOCOL #3 OF THE MEETING OF COCHAIRMEN OF JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT

August 2, 2001, Moscow

Chaired by:

M. Mayorov – Ambassador of Special Tasks of the Ministry of Foreign Affairs of Russia Head of Russian Part of the JCC

Agenda

1. On activities of the JPKF and mutual cooperation of law enforcement organs of the parties for fight against crime in the zone of the Georgian-Ossetian conflict;

2. On measures to be taken for development and realization of inter-state program for mutual cooperation in rehabilitation of economy in the zone of the Georgian-Ossetian conflict.

3. On return of refugees.

4. On proposals of active chairmanship of the OSCE and the European Commission.

Resolved:

1. On activities of the JPKF and mutual cooperation of law enforcement organs of the parties for fight against crime in the zone of the Georgian-Ossetian conflict.

(Tibilov, Machavariani, Kusov, Bagiaev, Mayorov, Kublashvili, Kochiev, Gobozov)

1.1. Approve the decision of activities of the JPKF and mutual cooperation of law enforcement organs of the parties for fight against crime in the zone of the Georgian-Ossetian conflict (Annex 1).

2. On measures to be taken for development and realization of inter-state program for mutual cooperation in rehabilitation of economy in the zone of the Georgian-Ossetian conflict.

(Tibilov, Machavariani, Kusov, Bagiaev, Mayorov)

2.1. Approve the decision on measures to be taken for development and realization of inter-state program for mutual cooperation in rehabilitation of economy in the zone of the Georgian-Ossetian conflict (Annex 2).

On return of refugees

(Tibilov, Machavariani, Kusov, Gobozov, Mayorov)

3.1. Approve the decision on the process of return of refugees (Annex 3).

4. On proposals of active chairmanship of the OSCE and the European Commission.

(Tibilov, Machavariani, Kusov, Gobozov, Mayorov, Lacombe)

4.1. Approve the decision on proposals of active chairmanship of the OSCE and the European Commission (Annex 4).

M. Mayorov, Chairman of Session Head of Russian Part of the JCC Party.

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

Annex 1 To Protocol # 3 of Session of Cochairmen of the JCC dated August 2, 2001 Moscow

DECISION OF THE MEETING OF COCHAIRMEN OF THE JCC FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On activities of the JPKF and mutual cooperation of law enforcement organs of the parties for fight against crime in the zone of the Georgian-Ossetian conflict.

Having considered the draft decisions on the issues of putting posts of tripartite observers of the parties in the areas of contact – Kekhvi, Tamarasheni, Ergneti, presented by the workgroup in accordance with paragraph 6 of Annex 1 to Protocol #11 of the session of the JCC dated April 21, 2001,

having marked that during the period after the 11th session of the JCC (April 21, 2001, Vladikavkaz) the situation in the zone of the Georgian-Ossetian conflict remained stable although there were some illegal penetrations of armed persons in the zone of conflict that caused armed confrontation with the law enforcement organs of South Ossetia and victims thereof,

having noted the necessity to direct joint efforts of peacemaking forces and law enforcement organs towards strengthening of control over entry to, and exit from the zone of conflict and non-admission of import of arms, weapons military techniques and other means to the zone of conflict without a special permission, that may be used for the purpose of acts of terror and sabotage,

cochairmen of the JCC resolved:

1. Along the direction to Patsa-Tskhinvali, in the inhabited area of Kekhvi, on the existed joint posts of law enforcement organs of Georgian and South Ossetian parties, put military observers of Russia, Georgia and Ossetian parties.

2. Along the direction to Tkviavi-Ergneti-Eredvi, the above noted tasks shall be implemented through establishing mobile posts in the places defined under the decision of the Joint headquarters of military command.

3. Each post shall include armored cars with special crews from peacemaking battalions of Russian Federation.

4. When fulfilling the duties at the joint posts, Russian military observers shall bear main responsibilities.

5. The procedure for fulfilling the duties at the joint posts shall be defined under the decision of the Joint Headquarters of the military command in accordance with paragraph 8 of protocol 311 of the JCC dated April 21, 2001.

6. Assign the workgroup to continue considering the issue on putting tripartite military observers in the village of Tamarasheni and present the draft decision prior to September 15, 2001.

7. The issue of further existence of the tripartite military observers at the above-noted joint posts shall be considered at the next plenary session and meetings of cochairmen of the JCC.

The issue on approving the new commander of the JPKF shall be resolved in the near future.

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 #3 of Session of Cochairmen of the JCC dated August 2, 2001, Moscow

DECISION OF THE MEETING OF COCHAIRMEN OF THE JCC FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On measures to be taken for development and realization of inter-state program for mutual cooperation in rehabilitation of economy in the zone of the Georgian-Ossetian conflict

Having considered the results of Russian-Georgian negotiations with the participation of the authorized delegations of South Ossetian and North Ossetian parties with the participation of the representatives of the OSCE and European Commission on the issue of developing and management of intergovernmental Russian-Georgian program on cooperation in rehabilitation of economy in the zone of the Georgian-Ossetian conflict (hereafter the Program),

cochairmen of the JCC resolved:

1. Mark with great satisfaction that in the process of the negotiations the parties achieved agreement on identification of priority directions and concrete proposals on formation of draft program, as well as measures to be taken for further coordination of the projects for the near future, which is a very important positive step towards the settlement of the Georgian-Ossetian conflict.

2. Approve the Protocol on the results of Russian-Georgian negotiations with the participation of the representatives of the OSCE and European Commission on the issue of developing and management of intergovernmental Russian-Georgian program on cooperation in rehabilitation of economy in the zone of the Georgian-Ossetian conflict.

Cochairmen of the JCC shall actively support realization of the provisions of the above-noted program.

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 #3 of Session of Cochairmen of the JCC dated August 2, 2001 Moscow

DECISION OF THE MEETING OF COCHAIRMEN OF THE JCC FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On Return of Refugees

Cochairmen of the JCC resolved:

1. Take into account the information of the parties on the actions taken by UN for activating efforts of this international organization in the process of return, integration and reintegration of refugees ad IDPs.

2. Prior to October 1, 2001, hold the session of ad hoc committee of the JCC for support of voluntary return of refugees and IDPs as a result of the Georgian-Ossetian conflict to the places of the previous residence.

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 #3 of Session of Cochairmen of the JCC dated August 2, 2001, Moscow

DECISION OF THE MEETING OF COCHAIRMEN OF THE JCC FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On Proposals of Acting Chairmanship of the OSCE and the European Commission

Cochairmen of the JCC resolved:

1. Deem it expedient to hold the next 6th meeting of the expert groups for political settlement of the Georgian-Ossetian conflict from September 14 to September 19, 2001.

Take into account the information of the Head of the mission of the OSCE in Georgia on the readiness of the Romanian chairmanship of the OSCE to organize the above-noted meeting of the expert groups in Bucharest (Romania) by taking into account the desires of the parties.

2. Mark with great satisfaction the readiness of the European Commission to render financial assistance to Georgian and South Ossetian parts of the JCC and expert groups for the purpose of development of the peaceful process.

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 GALI MEETING between the Georgian and Abkhaz Side

On 14 August 2001, a meeting between the representatives of the Georgian and Abkhaz Sides took place in the Gali region. The meeting proceeded under the chairmanship of Mr. Dieter Boden—Special Representative of the UN Secretary General in Georgia, with participation of the Chief Military Observer of the UNOMIG General A.A.Bajwa and the Commander of the Peacekeeping forces of CIS -General N.Sidorichev.

At the end of the meeting, the Parties agreed on the following:

1. Pursuant to the Protocol of 11 June 2000, the CIS Peacekeeping Forces and the UNOMIG shall carry out, within a week, verification of the numerical composition of military formations of the Parties located in the security zone.

2. Due to the existing situation, the Parties call upon the CIS Peacekeeping Forces to more actively implement its own Mandate in terms of taking active measures against any manifestation of violence, terror and subversion.

3. The Parties shall activate their fight with illegal paramilitary groups and individuals acting in the security zone. To this end, the law enforcement bodies of the Parties shall exchange information available to them.

4. The law enforcement bodies of the Parties shall take steps aimed at identification of whereabouts of detained persons and protect them with an aimed of further transfer them to respective Side…

Within ten days, representatives of law-enforcement bodies of the Parties shall hold a meeting with a view of exchange of information on the measures taken.

On behalf of the Georgian Side Mr. Malkhaz Kakabadze

On behalf of the Abkhaz Side General-Major Raul Khajinba

On behalf of the UN Mr. Dieter Boden

On behalf of the CIS Peacekeeping Forces General -Major Nikolai Sidorichev

14 August 2001

(Archive of the Staff of the Minister of Georgia on Special Affairs)

 

 

annex to the Protocol of 1 4 August 2001

LIST OF UNLAWFULLY DETAINED PEOPLE

At the Georgian side

1. Mr Arutunyan

2. Mr Slavik Kvarchia

3. Mr Kvarchia (brother)

4. Mr Poliakov

5. Mr Poliakov

6. Mr Givi Kharchilava

7. Mr Mikholazhin

 

At the Abkhaz side

1. Mr Vakhtang Lashkov

2. Mr Zurab Zarandia

3. Mr Temur Patsia

4. Mr Chaprava

5. Mr Evstrakh Sotkilava

6. Mr Zhilve Dzandzava

7. Mr Khvicha Dzandzava

8. Mr Gocha Dzandzava

9. Mr Badri Tsanava

10. Mr Givi Beraia

11. Mr Merab Gogilava

12. Mr Arnet Shonia

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

JOINT STATEMENT of the Eighth Session of the Working Group One

On 11 September 2001 at Tbilisi headquarter of the UNOMIG the Eighth Ssession of the Working Group One was held under the chairmanship of the Chief Military observer of the UNOMIG Major General Anis Badjwa. The Georgian delegation was led by Mr. Polikarp Moniava. The Abkhaz delegation was led by Lieutenant General Vladimir Arshba. Major-General Dmitriy Bughayev participated from the CIS PKF. Mr. Malkhaz Kakabadze and Mr. Zurab Lakerbaia also participated at the session. After opening remarks of the chairman the following issues were discussed:

1. Security issues.

A. Chief of Staff of the CIS PKF delivered report on the situation in the conflict zone and in the Kodori Valley.

B. The Georgian side will provide the information at the Quadripartite Meeting on 20 September 2001 regarding the implementation of Paragraph 2.4 of the Moscow Agreement on a Cease-fire and Separation of Forces signed 14 May 1994.

C. In accordance with this Agreement, CIS PKF and UNOMIG will carry out regular patrols of the Kodori Valley. (By the end of September 2001, the Georgian side will have held the relevant consultations on ensuring the security for the UN Military Observers and the CIS PKF).

D. The Georgian side, if necessary, will consider possibility of a single participation of the representative from the Abkhaz side in patrolling in the Kodori Valley.

E. The sides agreed that if there is suspicion in arbitrary execution of detained persons, the sides shall secure immediate access of the group of doctors of the UNOMIG to the dead body for carrying out an independent examination.

F. In accordance with the Gali Protocol of 11 May 2001, the Georgian side will provide information by September 20 of 2001 on the progress of criminal investigations into the persons handed over by the Abkhaz side. The UNOMIG will continue controlling over the implementation of this Protocol.

G. The Abkhaz side will check the information provided by the Georgian side on 11 September 2001 and, if confirmed, will take measures to ensure the security of the peaceful population.

2. Gali Protocol of 14 August 2001

A. The sides provided the information on implementation of Paragraph 4 of the Protocol of the Gali Meeting of 14 August 2001.

B. The following information was provided with regard of the persons held on the Georgian side:

(1) the whereabouts of two persons are still unknown.

(2) four hostages have been released.

(3) One is dead.

C. The following information was provided with regard of the persons held on the Abkhaz side:

(1) the whereabouts of six hostages are still unknown (including Mr. Gabelia who was originally listed at the Annex to the Protocol);

(2) six hostages have been released

(3) one corpse has been returned to the Georgian Side.

D. The Group agreed to take all necessary measures to find missing persons.

3. The Joint Fact-Finding Group. The Chairman of the Joint Fact-Finding Group reported on the activity of the Group since the last Session on 10 July 2001.

3. As agreed at the Seventh Session, the sides confirmed that the members of the Joint Fact-Finding Group will exchange information in writing at the weekly quadripartite meetings of the Joint Fact-Finding Group.

A. Restricted Weapon Zone. The sides discussed the issue on review the limits of Restricted Weapon Zone. The Chief Military Observer of the UNOMIG will have additional consultations with the sides on this issue before the next session of the Coordinating Council with a view to putting forward a mutually acceptable recommendations.

5. Next Session. The next Ninth Session of the Working Group One will be held at the headquarter of the UNOMIG in Sukhumi in mid-December of 2001.

For the Georgian Side P. Moniava

For the Abkhaz Side V. Arshrba

For the CIS PKF D. Bugayev

For the UNOMIG A. Bajva

11 September 2001

(Archive of the Staff of the Minister of Georgia on Special Affairs)

 

 

STATEMENT OF THE PARLIAMENT OF GEORGIA

On 27th of September 8 years passed by since the fall of Sukhumi, tragedy of Abkhazia.

The forces, based outside the country, forced Georgia to get involved in the war, which resulted in temporary lost of control over the integral part of the country. It destroyed and impoverished the one of the most beautiful part of Georgia. The population of Abkhazia has been divided in two parts - brotherly nationality representatives, which had lived next to each other for centuries and worked hard for prosperity of this part of this land.

Thousands of people have been killed and injured, two thirds of the population - Georgians, Abkhazians, Russians, Armenians, Greeks, Ukrainians, Estonians, have been forced to flee from the region. Economy and traditional way of living have come to an end. The remaining population or those, who returned to home after conflict, live in poverty, criminal situation is beyond the control, Georgians, Abkhazians and other ethnic group representatives are still being killed.

Hundreds of thousand of refugees and IDPs from Abkhazia residing in Georgia and abroad live in very poor conditions. They will never reconcile themselves to the tragic reality of the lost of Abkhazia, their homeland, humiliation and abuse they had undergone.

Unfortunately, efforts of the State and international community, made for full-scale resolution of Abkhaz conflict have not brought about desired results. Main reason for failure is inability to start a dialogue on status of Abkhazia within the Georgian State, for division of power between central and Abkhazian governments, for ensuring economic and social reintegration. Return of IDPs and refugees, restoration of peace and traditional links within society would become a prerequisite for development of Abkhazian people's identity.

The Parliament of Georgia expresses its hope that recent developments in the world, unprecedented consolidation of international community against terrorism, violence, aggressive separatism, new realities would become a clear-cut message for those, who try to destroy world order and is ready to sacrifice lives of peaceful citizens to their own vested interest.

The Parliament of Georgia on occasion of 8th anniversary of fall of Sukhumi once again expresses its adherence to the peaceful resolution of the conflict. At the same time, it declares that in case of further prolongation of the process of conflict resolution, the State authorities will be forced to use alternative methods for just resolution of the conflict.

The Parliament of Georgia calls upon the international community, UN, OSCE, group of friends of UN Secretary General, mediator - Russian Federation not to spare their efforts and take decisive measures for ensuring of full-scale resolution of the conflict.

Tbilisi, 27 September 2001

(Archive of the Parliament of Georgia)

 

STATEMENT OF THE PARLIAMENT OF GEORGIA

The Sukhumi regime has made a decision to conduct elections of the so called Public Congress - the Parliament of Republic of Abkhazia - on November 24, 2001.

Despite the fact that the world community has many times expressed its position regarding recognition as null and void of any elections that are conducted in the absence of 2/3 of population, who are being persecuted at present, the Sukhumi regime still goes on with ignoring of opinions and assessments of the UN. They try, in order to endorse their own legitimacy, to legalize the forcefully changed demographic situation in Abkhazia, not to admit the refugees to native places, to consider the issue of so called independence as solved and to ignore the lawful interests of hundreds of thousands of persons.

The next elections of so called Parliament is one more attempt of Sukhumi regime to disregard the results of the ethnic cleansing of Georgians in Abkhazia that were officially recognized at the Budapest (1994), Lisbon (1996) and Istanbul (1999) Summits of the OSCE.

The Parliament of Georgia expresses it belief that the above-mentioned illegal elections will not be left without the reaction from the world community. At the same time, the Sukhumi regime should, start in accordance with norms of international law, the process for the secure return of refugees and to take into consideration the demand of the world's leading states to start the dialogue on the status of Abkhazia.

The Parliament of Georgia draws the attention of political parties, functioning on the territory of Abkhazia, as well as of population, to take into account that the elections without participation of refugees will be followed not only by the negative reaction from the UN member states but will make the results of such elections unlawful and will violate the political rights of persecuted population.

The Parliament of Georgia appeals to the Security Council of the UN, to raise the issue of the unacceptable current situation and necessity to implement the appropriate steps in the current conflict settlement in Abkhazia.

The Parliament of Georgia considers it necessary that the Ministry of Foreign Affairs of Georgia will make an official statement, addressed to the Security Council of the UN, the OSCE, Group of Countries-Friends of the UN Secretary-General on the Georgian issues and leaders of the CIS countries.

Tbilisi, September 27, 2001

(Archive of the Parliament of Georgia)

 

 

RESOLUTION OF THE PARLIAMENT OF GEORGIA on the situation in the territory of Abkhazia

As Georgia has suffered itself from the tragic results of separatism, international terrorism and aggression during the last years, tenths of thousands of our compatriots have become the victims and hundreds of thousands of Abkhazia’s inhabitants turned to internally displaced persons;

As after deployment of Russian Peacekeepers under the auspices of the CIS to the conflict zone in Abkhazia in July 1994, ethnic cleansing of Georgians has not been stopped. It is confirmed that during this period more than 1700 persons were killed in security zone, Peacekeeping Forces committed numerous crimes against peaceful population. Abkhazia has become the territory without control, open for terrorists, drug and arms trafficking and organized crime.

Absence of constructive approach from the side of Russia brought to the deadlock the adoption and discussion of the project on Abkhazia’s status worked out by the UN and the representatives of Georgia’s friend countries.

As a result of biased and aggressive declarations of official Russia, directed towards Georgia has become a matter of concern, which is clear demonstration of double policy conducted by the leadership that itself continues broad-scale military operations in Chechnya in order to restore the territorial integrity of Russia;

As a result of recent multiple bombing and violating of Georgia’s air space it has become evident that Russia takes a role of the involved side in the conflict and the function of Peacekeeping Forces is limited to drawing “the border” and they are not the facilitators of the conflict settlement but rather its instigators. Deployment of additional military contingent and armaments in Abkhazia without the agreement of Georgian Government is another evidence of the aforementioned.

As the Peacekeeping Forces of Russia acting under the auspices of the CIS failed to carry out their mission and encouraged the renewal of military activities on the territory of Abkhazia; Parliament of Georgia decrees:

1. Considers inexpedient further presence of the CIS Collective Peacekeeping Forces on the territory of Georgia.

2. Offers to the President of Georgia:

a) to implement the procedures of the Constitution of Georgia, its legislation and international law aimed at prompt and unconditional withdrawal of CIS Collective Peacekeeping Forces;

b) Appeal to the UN, OSCE and to the governments of friendly countries to deploy international peacekeeping forces in conflict zone in order to substitute peacekeeping forces of Russian Federation; at the same time to increase the number of military observers and widen their mandate;

c) to take all possible measures at his disposal to ensure prompt implementation of Istanbul Summit Resolutions;

3. Calls upon the Executive Power of Georgia to take the appropriate measures in order to ensure security of the adjacent territory to the conflict zone.

4. Though under the recognized international law the displaced population enjoys the right to return home using any means, the Parliament of Georgia reaffirms its adherence to the principle of peaceful resolution of the conflict in Abkhazia.

5. Appeals to the population of Abkhazia, which had suffered austerities of fratricidal war, to the relatives of perished fighters both from Abkhaz and Georgian sides, also to those, who shall design the future of united Georgia and prevent the reiteration of the armed conflict.

6. Calls the President of Georgia to intensify the efforts for continuation of peace talks with the Abkhaz side.

7. Expresses the will of Georgian population and declares that it never accepts the breakaway of its historically indispensable part and peace and stability in Abkhazia will be ensured within the united Georgian state upon the final determination broad autonomy status of Abkhazia and return of IDP-s to their dwellings, which will serve as a solid basis for settlement Russian-Georgian relations.

8. Expresses its readiness to intensify its consultations with Russian executive and legislative powers in order to prevent further tension between the two countries.

Chairman of the Parliament of Georgia Zurab Zhvania

11 October 2001

(Newspaper “Sakartvelos Respublika”, # 251, 12 October 2001)

 

 

RESOLUTION OF THE PARLIAMENT OF GEORGIA Concerning the situation on the territory of Abkhazia

As Georgia has suffered itself from the tragic results of separatism, international terrorism and aggression during the last years, tenths of thousands of our compatriots have become the victims and hundreds of thousands of Abkhazia's inhabitants turned to internally displaced persons;  

As after deployment of Russian Peacekeepers under the auspices of the CIS to the conflict zone in Abkhazia in July 1994, ethnic cleansing of Georgians has not been stopped. It is confirmed that during this period more than 1700 persons were killed in security zone, Peacekeeping Forces committed numerous crimes against peaceful population. Abkhazia has become the territory without control, open for terrorists, drug and arms trafficking and organized crime.

Absence of constructive approach from the side of Russia brought to the deadlock the adoption and discussion of the project on Abkhazia's status worked out by the UN and the representatives of Georgia's friend countries.

As a result of biased and aggressive declarations of official Russia, directed towards Georgia has become a matter of concern, which is clear demonstration of double policy conducted by the leadership that itself continues broad-scale military operations in Chechnya in order to restore the territorial integrity of Russia;

As a result of recent multiple bombing and violating of Georgia's air space it has become evident that Russia takes a role of the involved side in the conflict and the function of Peacekeeping Forces is limited to drawing "the border" and they are not the facilitators of the conflict settlement but rather its instigators. Deployment of additional military contingent and armaments in Abkhazia without the agreement of Georgian Government is another evidence of the aforementioned.

As the Peacekeeping Forces of Russia acting under the auspices of the CIS failed to carry out their mission and encouraged the renewal of military activities on the territory of Abkhazia;  

Parliament of Georgia:

1.      Considers inexpedient further presence of the CIS Collective Peacekeeping Forces on the territory of Georgia.

2.      Offers to the President of Georgia:

a)      to implement the procedures of the Constitution of Georgia, its legislation and international law aimed at prompt and unconditional withdrawal of CIS Collective Peacekeeping Forces;

b)      Appeal to the UN, OSCE and to the governments of friendly countries to deploy international peacekeeping forces in conflict zone in order to substitute peacekeeping forces of Russian Federation; at the same time to increase the number of military observers and widen their mandate;

c)      to take all possible measures at his disposal to ensure prompt implementation of Istanbul Summit Resolutions;

3.      Calls Executive Power of Georgia to take the appropriate measures in order to ensure security of the adjacent territory to the conflict zone.

4.      Though under the recognized international law the displaced population enjoys the right to return home using any means, the Parliament of Georgia reaffirms its adherence to the principle of peaceful resolution of the conflict in Abkhazia.

5.      Appeals to the population of Abkhazia, which had suffered austerities of fratricidal war, to the relatives of perished fighters both from Abkhaz and Georgian sides, also to those, who shall design the future of united Georgia and prevent the reiteration of the armed conflict.

6.      Calls the President of Georgia to intensify the efforts for continuation of peace talks with the Abkhaz side.

7.      Expresses the will of Georgian population and declares that it never accepts the breakaway of its historically indispensable part and peace and stability in Abkhazia will be ensured within the united Georgian state upon the final determination broad autonomy status of Abkhazia and return of IDP-s to their dwellings, which will serve as a solid basis for settlement Russian-Georgian relations.

8.      Expresses its readiness to intensify its consultations with Russian executive and legislative powers in order to prevent further tension between the two countries.

Chairman of the Parliament of Georgia Zurab Zhvania

Tbilisi, October 11, 2001

(Archive of the Parliament of Georgia)

 

 

STATEMENT OF THE PARLIAMENT OF GEORGIA Regarding the Statement of the Duma of the Russian Federation of October 11, 2001,

The Parliament of Georgia considers:

1.      The accusations, expressed in the Statement of the Duma of the Russian Federation, referring to the protection of Chechen terrorists and pursuing of anti-Russian aggressive policy as groundless and constitutes a political pressure, aiming at discrediting Georgia's international image. In this context, the statement, made by the Committee for Foreign Affairs of the Parliament of Georgia, shall be taken into consideration.

2.      Georgia has always paid due respect to the friendly relations between the two neighbor States and in order to avoid unnecessary deterioration in the relations, tried to refrain from rigid responses. The Statement of the Duma of the Russian Federation deserves such a rigid response but the Parliament of Georgia believes that this expression of the political will by the Members of the Russian Duma, was based on misinformation. Due to the aforementioned reasons, the Statement went far beyond the diplomatic framework and failed to use the capabilities of the Russian and Georgian legislative authorities.

3.      The Parliament of Georgia reserves the right to fully use the existing potential and appeals to the Duma of the Russian Federation, to respect the already established values in Georgian-Russian relations and to avoid expression of uncompromising positions.

4.      Regarding the conflict in Abkhazia and Russia's involvement in it, the population of Georgia is still rather doubtful about Russia's declarations in favor of restoration of Georgia's territorial integrity, since on many occasions Russia proved to be acting in favor of the Abkhaz separatists. After the Chechen problem came into existence, Russia should have seen more clearly political and legal aspects of this reality but unfortunately, there has been no effort from Russia's side to recognize the similarity of these problems. All the above-mentioned is the proof of double-standard approach, applied by Russia towards Georgia.

5.      The Parliament of Georgia reiterates its good neighborly relations with Russia, though it does not rule out the potential for misunderstanding and mistakes from both sides. Such excesses should not become the reasons for political tensions between the two States and their historically friendly peoples.

6.      The parliament of Georgia expresses its readiness, acting within the framework of its competence, to settle the existing problems in Georgian-Russian relations by means of constructive dialogue and calls upon both States to normalize the relations between all the branches of power.

Tbilisi, October, 12 2001

(Archive of the Parliament of Georgia)

 

 

PROTOCOL #4 OF THE MEETING OF COCHAIRMEN OF JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT

October 25, 2001, Tskhinvali

Chaired by:

L. Tibilov – First Deputy Chairman of Government of South Ossetia,

Head of South Ossetian Part of the JCC

Agenda

1. On some organizational issues of the process of negotiations on settlement of the Georgian-Ossetian conflict and funding thereof.

2. On appointment of the commander of the JPKF in the zone of the Georgian-Ossetian conflict.

3. On the process of implementation of decisions of the JCC.

4. Miscellaneous.

Resolved:

1. On some organizational issues of the process of negotiations on settlement of the Georgian-Ossetian conflict and funding thereof.

(Tibilov, Machavariani, Kusov, Bagiaev, Mayorov, Kublashvili Kochiev Vantomme, Vikki)

Approve the decision On some organizational issues of the process of negotiations on settlement of the Georgian-Ossetian conflict and funding thereof (Annex 1).

2. On appointment of the commander of the JPKF in the zone of the Georgian-Ossetian conflict.

(Tibilov, Machavariani, Kusov, Bagiaev, Mayorov)

3. Approve the decision on appointment of the commander of the JPKF in the zone of the Georgian-Ossetian conflict (Annex 2).

3. On the process of implementation of decisions of the JCC

(Tibilov, Machavariani, Kusov, Bagiaev, Mayorov, Gambashidze)

Approve the decision on speeding up the process of implementation of decisions of the JCC dated August 2, 2001.

4. Miscellaneous.

(Tibilov, Machavariani, Kusov, Gambashidze, Mayorov, Lacombe)

The date and venue of the next mission of the JCC shall be defined along the work.

L. Tibilov, Chairman of Session, Head of South Ossetian Part of the JCC.

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

Annex 1 To protocol #4 of session of Cochairmen of the JCC dated October 25, 2001

DECISION OF THE MEETING OF COCHAIRMEN OF THE JCC FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On some organizational issues of the process of negotiations on settlement of the Georgian-Ossetian conflict and funding thereof

Based on the decision of JSS dated April 21, 2001 on the measures for improvement of activities of the JCC, and the decision of cochairmen of the JCC dated August 2, 2001 on proposals of the Active Chairmanship of the OSCE and European Commission, taking into account the intention of the OSCE on attracting donor funds, including the funds of member countries to the OSCE for rendering financial assistance to Georgian and South Ossetian parts of the JCC and expert groups of authorized representatives of the Delegations of Georgian and South Ossetian parties for the purpose of support to the process of negotiations for peaceful settlement of the Georgian-Ossetian conflict, as well as readiness of the European Commission to provide financial resources to the above-noted parties for the initial period 12 months,

cochairmen of the JCC resolved:

1. Deep it expedient to hold, within the period of one month from the approval of this decision, no less than two sessions of the JCC and, if necessary, meetings of cochairmen of the JCC and working organs of the JCC.

Deep it expedient to hold meetings of cochairmen of the JCC in September, on annual basis, where:

- approve a model schedule for activities of the JCC for the period of the following twelve months;

parties approve recommendations ob the model schedule of activities of the expert groups on political settlement of the Georgian-Ossetian conflict for the period of following 12 months.

- Recommend the parties to hold, within the period of one year from the date of approving this decision, no less than two meetings of expert groups for political settlement of the Georgian-Ossetian conflict.

Recommend the parties just before the beginning of the September meeting of cochairmen of the JCC, hold meeting of expert groups for political settlement of the Georgian-Ossetian conflict.

2. Deep it expedient to issue the bulletin with the actual information on the development if the process of settlement of the Georgian-Ossetian conflict.

3. Take into account the intention of Georgian and South Ossetian parties to form staff of South Ossetian and Georgian parts of secretariats of the JCC and the secretariats of authorized Delegations of South Ossetian and Georgian parts at the negotiations about full scale settlement of the Georgian-Ossetian conflict, in accordance with the provision on the JCC for the Georgian=Ossetian conflict settlement and the procedure of work of the authorized representatives at negotiations about the full scale settlement of the Georgian-Ossetian conflict.

4. Take into account that:

- for rendering financial assistance to Georgian and South Ossetian parts of the JCC in realization of paragraph 18 of the provision on the JCC, the OSCE is going to attract donor funds taking into account the fact that these funds will be directed to financial support to activities of expert groups of authorized delegations of Georgian and South Ossetian parties.

- the OSCE, taking into account the need of Georgian and South Ossetian parties, is going to conclude agreements with donors about the conditions with regard to utilization of the funds.

5. Take into consideration that after completing the organizational actions by Georgian and South Ossetian parties in accordance with paragraph 3 and 4 of this decision (allocation of premises, staffing of respective parts of secretariats, etc) the the OSCE:

- shall provide them with office and communications facilities as well as transport facilities.

- shall provide with financial resources necessary for repair and equipping of premises, as well as paying off current expenses for the period of the following 12 months;

- shall allocate funds for paying of business trip expenses (transport, hotel, etc) for Georgian and South Ossetian delegations organizational expenses of Georgian and South Ossetian parties when holding meetings on the respective territories.

- Take into account that the Mission of the OSCE in Georgia in close cooperation with Georgian and South Ossetian parties, shall provide transparency and control over target spending of the allocated funds.

6. The parties, at the annual September meetings of cochairmen of the JCC, shall:

- hear the report on use of provide funds for the period of past 12 months;

- hear the information on the agreed volume of funding of Georgian and South Ossetian parts of JCC and expert groups of authorized delegations of Georgian and South Ossetian parties for the period of following 12 months.

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 EC

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

STATEMENT OF THE PARLIAMENT OF GEORGIA

On the Election of the President of the So Called South Ossetian Republic Scheduled by the Tskhinvali Separatist Regime on 18th of November 2001.

The Tskhinvali Separatist Regime is going to hold the presidential elections in the so-called South Ossetian Republic.

In this regard, the Parliament of Georgia declares that this decision, made by the Tskhinvali separatist regime is illegal and constitutes another attempt to violate the territorial integrity of Georgia. At the same time, the Parliament of Georgia warns the self-styled authorities of the so-called South Ossetian Republic that all responsibilities for the possible consequences will rest upon them.

The Parliament of Georgia condemns this intention of the separatist regime and considers that such irresponsible steps impede the peace negotiations conducted between the Georgian and Ossetian sides and undermines the prospects for peaceful settlement of the problem.

The parliament of Georgia reiterates that separatism is condemned by international organizations and calls upon the UN, OSCE, the COE, the EU and the CIS countries to provide the adequate assessment of the planned presidential election of the so called South Ossetian Republic scheduled on November 18, 2001.

10 November 2001, Tbilisi

(Archive of the Parliament of Georgia/in Georgian)

 

 

2002

PROTOCOL of the Meeting between the Georgian and Abkhaz Sides on the Issue of Stabilization of the Situation in the Zone of Conflict

On 17 January 2002 in the village of Chuburkhinji of the Gali region, a meeting between the Georgian and Abkhazian Sides on the issue of stabilization of the situation in the zone of Conflict took place under chairmanship of Mr. Dieter Boden -the Special Representative of the UN Secretary General and in presence of Major General A Evteev - Chief of the Joint Staff of the CIS PKF. The Georgian Delegation was headed by Mr. M.Kakabadze, the Abkhaz Delegation was headed by Mr. R.Khajimba.

The Parties to the conflict confirmed their commitment to exclusively peaceful means of settlement of the conflict and agreed on the following:

1. Beginning from February 1, 2002 a regular patrolling by the peacekeeping forces and international observers, provided their security guaranteed by the Parties, shall be carried out in the Kodori Valley.

2. In addition to the aforementioned and in conformity with the paragraph 2.4 of the Moscow Agreement, the Georgian Side shall start withdrawal of its troops from the Kodori Valley. The starting date of withdrawal of troops shall be defined by the Parties in the first decade of February 2002 in the course of negotiations.

3. Simultaneously with the starting of the process of withdrawal of the troops, military observers of the UN in association with the Abkhaz Side shall carry out inspection of Tkvarcheli and the lower part of the Kodori Valley to verify the presence or absence of heavy weaponry. In case the identification of heavy weapons in the region, the Abkhaz Side shall withdraw it.

4. The Abkhaz Side commits itself not introduce its military formations on the territory of the Kodori Valley, beginning from the check point #107 of CIS Peace-keeping forces, as well as not use force against the peaceful population of the Kodori Valley, including air bombardment.

5. The Parties call upon the Special Representative of the UN Secretary General to activate endeavors aimed at securing peace and non-resumption of hostilities, as stipulated by the Yalta Statement of the Georgian and Abkhaz Sides adopted on 15-16 March 2001.

From the Georgian Side M. Kakabadze

From the Abkhaz Side R. Khajimba

From the UNOMIG D. Boden

From the CIS PKF A. Evteev

17 January 2002

(Archive of the Staff of the Minister of Georgia on Special Affairs)

 

 

RESOLUTION 1393 (31 January 2002) Adopted by the UN Security Councel

The Security Council,

Recalling all its relevant resolutions, in particular resolution 1364 (2001) of 31 July 2001,

Having considered the report of the Secretary-General of 18 January 2002 (S/2002/88),

Recalling the conclusions of the Lisbon (S/1997/57, annex) and Istanbul summits of the Organization for Security and Cooperation in Europe (OSCE) regarding the situation in Abkhazia, Georgia,

Recalling the relevant principles contained in the Convention on the Safety of United Nations and Associated Personnel adopted on 9 December 1994,

Recalling its condemnation of the shooting down of a helicopter of the United Nations Observer Mission in Georgia (UNOMIG) on 8 October 2001, which resulted in the death of the nine people on board, and deploring the fact that the perpetrators of that attack have still not been identified,

Stressing that the continued lack of progress on key issues of a comprehensive settlement of the conflict in Abkhazia, Georgia, is unacceptable,

Welcoming the important contributions made by UNOMIG and the Collective Peacekeeping Forces of the Commonwealth of Independent States (CIS peacekeeping force) in stabilizing the situation in the zone of conflict, and stressing its attachment to the close cooperation existing between them in the performance of their respective mandates,

1. Welcomes the report of the Secretary-General of 18 January 2002;

2. Commends and strongly supports the sustained efforts of 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 promote the stabilization of the situation and the achievement of a comprehensive political settlement, which must include a settlement of the political status of Abkhazia within the State of Georgia;

3. Welcomes and supports the finalization of the document on “Basic Principles for the Distribution of Competences between Tbilisi and Sukhumi” and of its letter of transmittal, with the contribution and the full support of all members of the Group of Friends, and supports the efforts of the Special Representative on the basis of these documents which are positive elements for launching the peace process between the sides;

4. Recalls that the purpose of these documents is to facilitate meaningful negotiations between the parties, under the leadership of the United Nations, on the status of Abkhazia within the State of Georgia, and is not an attempt to impose or dictate any specific solution to the parties;

5. Further recalls that the process of negotiation leading to a lasting political settlement acceptable to both sides will require concessions from bothsides;

6. Strongly urges the parties, in particular the Abkhaz side, to receive the document and its transmittal letter in the near future, to give them full and open consideration, and to engage into constructive negotiations on their substance without delay thereafter, and calls on others having influence with the parties to promote this outcome;

7. Calls on the parties to spare no efforts to overcome their ongoing mutual mistrust;

8. Condemns violations of the provisions of the Moscow Agreement of 14 May 1994 on a Ceasefire and Separation of Forces (S/1994/583, annex I), and demands that they cease immediately;

9. Welcomes and strongly supports, in this regard, the protocol signed by the two sides on 17 January 2002 regarding the situation in the Kodori Valley, calls for its full and expeditious implementation, in particular by the Georgian side, but also specifically urges the Abkhaz side to honour its undertaking not to take advantage of the withdrawal of Georgian troops, recognizes the legitimate security concerns of the civilian populations in the area, calls on the political leaders in Tbilisi and Sukhumi to observe security agreements, and further calls on them publicly to dissociate themselves from militant rhetoric and demonstrations of support for military options and for the activities of illegal armed groups;

10. Urges the parties to ensure the necessary revitalization of the peace process in all its major aspects, to resume their work in the Coordinating Council and its relevant mechanisms, to build on the results of the Yalta meeting on confidence-building measures in March 2001 (S/2001/242), and to implement the proposals agreed on that occasion in a purposeful and cooperative manner;

11. Expresses its deep dismay at the lack of progress on the question of the refugees and internally displaced persons, reaffirms the unacceptability of the demographic changes resulting from the conflict, reaffirms also the inalienable right of all refugees and internally displaced persons affected by the conflict to return to their homes in secure and dignified conditions, in accordance with international law and as set out in the Quadripartite Agreement of 4 April 1994 (S/1994/397, annex II), recalls that the Abkhaz side bears a particular responsibility to protect the returnees and to facilitate the return of the remaining displaced population, and welcomes the measures undertaken by the United Nations Development Programme, the Office of the United Nations High Commissioner for Refugees and the Office for the Coordinator of Humanitarian Affairs to improve the situation of refugees and internally displaced persons, to develop their skills and to increase their selfreliance, with full respect for their inalienable right to return to their homes in secure and dignified conditions;

12. Urges the parties to implement the recommendations of the joint assessment mission to the Gali district, carried out under the aegis of the United Nations, calls in particular on the Abkhaz side to improve law enforcement involving the local population and to address the lack of instruction in their mother tongue for the ethnic Georgian population;

13. Welcomes the rehabilitation programmes initiated with the cooperation of the parties to serve displaced persons and returnees on both sides of the ceasefire line;

14. Calls on the parties to take all necessary steps to identify those responsible for the shooting down of a UNOMIG helicopter on 8 October 2001 and to bring them to justice, expresses also its concern at the disturbing tendency by the parties to restrict the freedom of movement of UNOMIG, thereby hindering the ability of the Mission to fulfil its mandate, including through effective patrolling, and underlines that it is the primary responsibility of both sides to provide appropriate security and to ensure the freedom of movement of UNOMIG, the CIS peacekeeping force and other international personnel;

15. Reminds the Georgian side in particular to uphold its commitment to put an end to the activities of illegal armed groups crossing into Abkhazia, Georgia, from the Georgian-controlled side of the ceasefire line;

16. Welcomes constant review by UNOMIG of its security arrangements in order to ensure the highest possible level of security for its staff;

17. Decides to extend the mandate of UNOMIG for a new period terminating on 31 July 2002, and to review the mandate of UNOMIG unless the decision on the extension of the presence of the CIS peacekeeping force is taken by 15 February 2002, and, in this respect, notes that on 31 January 2002 the Georgian authorities agreed on the extension of the mandate of the CIS peacekeeping force until the endof June 2002;

18. Requests the Secretary-General to continue to keep the Council regularly informed and to report three months from the date of the adoption of this resolution on the situation in Abkhazia, Georgia;

19. Decides to remain actively seized of the matter.

(www.un.org/docs)

 

 

PROTOCOL OF THE MEETING OF GEORGIAN AND ABKHAZ SIDES

On 11 February 2002 a meeting between the Georgian and Abkhaz Sides took place. This meeting was held in the Sukhumi residence of the Special Representative of the UN Secretary General and under the chairmanship of Mr. Dieter Boden-the Special Representative of the UN Secretary General and with a participation of General-Major A.Badjva -the Chief military observer of the UNOMIG. The Georgian Delegation was headed by Mr. A.Jorbenadze, the Abkhaz Delegation was headed by Mr. Jergenia.

By the end of the meeting, the Parties agreed on the following:

1. A meeting between the representatives of Georgian and Abkhazian Sides will take place on February 20 in the Kodori gorge. In this meeting, representatives of UN shall take part issues related to materialization of provisions of the Protocol signed on January 17, 2002 shall be addressed.

At the same time, military observers of UN, in association with the Parties, shall carry out monitoring and inspection of the upper, as well as lower part of the Kodori gorge.

2. During the meeting, a deadline for completion of the process of withdrawal of Georgian troops from the Kodori gorge, as well as mechanisms for guarantying security of the population of the Kodori gorge shall be discussed and defined.

3. The time-table of regular patrolling of the Kodori gorge with participation of both Parties shall be defined in the course of meeting of the Working Group 1, which shall be held by the end of February 2002.

On behalf of the Georgian Side A. Jorbenadze

On behalf of the Abkhazian Side A. Jergenia

On behalf of the UN D. Boden

11 February 2002

(Archive of the Staff of the Minister of Georgia on Special Affairs)

 

 

STATEMENT OF THE PARLIAMENT OF GEORGIA

On many occasions, the International Community and the Parliament of Georgia have expressed their unambiguous position – while tow thirds of the population of Abkhazia are in exile, any elections at any level held in Abkhazia will be considered as illegal, null and void. Despite the aforementioned, the Sukhumi regime continues ignoring concerns and points of view of the UN, OSCE, and major States and intends to hold elections of the so called national Assembly – Parliament of Abkhazia on March 2, 2002.

It goes without saying that holding elections in Abkhazia is an ill-conceived farce aiming to smoke-screen the factual lawlessness and anarchy reining in Abkhazia – to create conducive environment for illegal trafficking of human beings and weapons, drug-business and terrorism and thereby turning part of Georgia into the space of authoritarian rule.

The Parliament of Georgia hopes that this unlawful election, as well as complete lawlessness prevailing in Abkhazia currently, will attract adequate attention and response on the part of the UN, OSCE, the Council of Europe and the European Parliament.

Tbilisi, 28 February, 2002

(Archive of the Parliament of Georgia/in Georgian)

 

PROTOCOL #5 MEETINGS OF CO-CHAIRMEN OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT

February 28 – March 1, 2002, Tskhinvali

Chaired by: Boris Chochiev – Minister of Special Tasks, Head of South-Ossetian part of the JCC

Agenda:

1. On the status of the negotiation process about the Georgian-Ossetian conflict settlement.

2. On activities of the joint forces for keeping peace in the zone of the Georgian—Ossetian conflict. On mutual cooperation of law enforcement bodies of the parties in the zone of the Georgian-Ossetian conflict.

3. On a working plan of the JCC in the near future.

Approved:

1. On the status of the negotiation process about the Georgian-Ossetian conflict settlement.

(Chochiev, Mayorov, Kusov, Prizemlin, Vikki, Vantomme, Kochiev, Dzitsoitti)

The participants of the meeting discussed the development of the negotiation process with regard to the Georgian-Ossetian conflict settlement. It was noted that after the fourth meeting of the co-chairmen of the JCC in October 2001, the activities of the working organs of the JCC were suspended due to the objective reasons. At the same time, all parties demonstrated the striving for continuing the activities of the JCC and its working organs. The participant of the meeting emphasized the necessity of the final elaboration of the draft Georgian-Russian inter-state programs on mutual cooperation in rehabilitation of economy in the zone of the Georgian-Ossetian conflict and return of refugees.

The South Ossetian party expressed its concerns with regard to the condition of the South Ossetian population in Lagodekhi and Akhmeta regions of Georgia in connection with the violation of the rights of Ossetian people compactly residing in the villages of Kakheti region, as well as fear in connection with the aggravation of the situation in the Pankisi gorge.. The South Ossetian party distributed among other participants of the meeting its official statement about the above-noted problem.

2. On activities of the joint forces for keeping peace in the zone of the Georgian - - Ossetian conflict. On mutual cooperation of law enforcement bodies of the parties in the zone of the Georgian-Ossetian conflict.

(Prizemlin, Mayorov, Machavariani, Vikki, Vantomme, Kublashvili)

The participant of the meeting listened to the information of V. Prizemlin, Major General, the Commander of the JPKF, about the activities of the JPKF, as well as his proposals about starting practical activities of the Special Coordinating Center (the SCC) for the mutual cooperation of law enforcement organs in the zone of the Georgian-Ossetian conflict, It was noted that within the period after the fourth meeting of the co-chairmen of the JCC in October 2001, the JPKF continued to fulfill the set tasks with regard to keeping peace in the zone of conflict and actively cooperate with the law enforcement bodies of the parties.

The participants of the meeting emphasized the important role of the JPKF in the development of the process of the conflict settlement. The process of the project implementation with regard to voluntary registration of weapons by the population in the zone of conflict was specifically noted as the factor, which can reduce destabilization of the situation.

The parties agreed with the proposal of the Delegation of EC in Georgia about carrying out the ceremony of transferring the equipment to the JCC on March 8, 2002.

3. On a working plan of the JCC in the near future.

(Mayorov, Chochiev, Machavariani, Kusov, Kochiev, Gambashidze, Korchmar)

The co-chairmen reviewed the proposal of the parties about the working plan of the JCC and its working organs in the near future. The co-chairmen resolved:

1) Approve the proposal of the Russian party about carrying out the session of the workgroup of the JCC in Moscow at the end of March, 2002 with regard to the economic issues (the day before the session Georgian-Russian Commission on the issues of economic cooperation).

2) Carry out ad hoc committee meeting about the issue of refugees at the beginning of April, 2002, in Tbilisi.

3) Carry out a session of the workgroup of the JCC about the issues concerning the activities of the JPKF and mutual cooperation of law enforcement bodies of the parties in Tskhinvali at the end of April 2002.

4) Carry out the next meeting of co-chairmen of the JCC in Tskhinvali at the end of April 2002.

5) Deem it necessary to implement the decision about establishing the JCC Secretariats of the South-Ossetian and Georgian parts and allocate special premises and staff for the above-purposes.

B. Chochiev, Chairman, Head of South-Ossetian Part of the JCC

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

FROM THE STATEMENT OF THE STATE DUMA OF THE FEDERAL ASSEMBLY OF THE RUSSIAN FEDERATION on Situation in Georgia with regard of military presence of the USA on its territory

(…)

The State Duma expresses its hope that through strengthening of the military potential of Georgia at the expense of the USA, the idea of conflict settlement in Abkhazia and South Ossetia through military means will not prevail among Georgian leadership. The State Duma supports the peaceful policy of Russia on regulation of these conflicts taking into account the interests of all ethnic groups of the population residing on the territories of Abkhazia and South Ossetia.

The State Duma welcomes the consistent expression of interest of leaders and peoples of Abkhazia and South Ossetia to establish more close relations with Russia and considers, that establishment and development of such relations, including in the field of security, does not oppose to the policy of the Russian Federation on firm respect of territorial integrity of Georgia and would encourage the search for constructive resolution at the peace negotiations on conflict settlement between Georgia and Abkhazia and Georgia and South-Ossetia. In case of discouraging developments, the State Duma stands ready to seek the other ways for development of the statehood of Abkhazia and South Ossetia based on democratic values and on the will of their peoples and in compliance with the norms of International Law being in practice over recent years.

(…)

Moscow, 6 March 2002

(www.duma .ru/in Russian)

 

 

 

PROTOCOL OF THE MEETENG BETWEEN THE MINISTER OF EDUCATION OF GEORGIA MR. AL. KARTOZIA AND DE-FACTO MINISTER OF EDUCATION OF ABKHAZIA MR. B. Dbar

Gali, 11 March 2002

The meeting between the Minister of Education of Georgia Mr. Al. Kartozia and de-facto Minister of Education of Abkhazia Mr. B. Dbar took place on 11 March 2002. From the Abkhaz side the head of Gali administration Mr. R. Kishmaria, representative of Sukhumi Office of the UN Ms. Mauricia Jenkins, head of education division of Gali region as a representative of the de-facto Ministry of Education of Abkhazia and Chairman of Pre-school and Secondary Education and Children’s Rights protection Department Mr. M. Sanikidze from Georgian side also participated in the meeting.

Generally two issues were discussed at the meeting.

1. Forms and possibilities of financing Georgian schools in Abkhazia.

2. Educational plans, programmes and language of education at Georgian Schools in Abkhazia.

In the course of discussion of aforementioned issues the sides made decision in the form of protocol on their intentions:

1. To set up working groups from both sides (no more than 5 people in each), which will work together to regulate the issues of the education system, elaborate the documents and after reconciliation with the Minister will submit to the Georgian-Abkhaz Coordinating Commission for further realization of decisions.

2. To entrust the working Groups with the task of submitting the proposals on forms and possibilities of Georgian schools at the eastern part of Abkhazia (Ochamchire, Tkvarcheli, Gali) from the state budget of Georgia.

3. The Abkhaz side commits itself to provide tariff lists and the map of location of Georgian schools in aforementioned districts and the Georgian side is to provide the information on Gali schools on the territory of Zugdidi.

4. To learn and reconcile the education programmes, standards, curriculum and other issues. To continue working on the problem relating to the fact that ethnic Georgians are deprived of possibility to get education in the native language. The special emphasis shall be made on the programmes on history and geography.

5. To set up working groups and start working on the aforementioned issues at an earliest possibility.

Annex

Proposal from the Georgian side

In order to introduce the Georgian language as the language of instruction in secondary schools of the Gali district the teaching of geography and history is to be conducted in accordance with the curriculum existing in Abkhazia:

1. To introduce Georgian as the language of instruction in 1-6 grades of Georgian schools of the Gali region as of September 2002.

2. To start immediate translation into Georgian of textbooks on history and geography of Abkhazia (7-11 grades).

Option 1: The Georgian side starts translation into Georgian of textbooks on history and geography of Abkhazia (7-11 grades) immediately upon their receipt from the Abkhaz side and within three months from the receipt of the textbooks provides the Abkhaz side with the electronic version of the translation.

Option 2: By... 2002 the Abkhaz side provides tge Georgian side with the Georgian translation of the texstbooks on history and geographi of Abkhazia for stylistic expertise to be completed by the Georgian side within 6 weeks upon receipt of the translation.

Proposal from the Abkhaz side

The Abkhaz side to complete the expertise of the set of methodological and teaching aids submitted by the Georgian side.

The Georgian side to translate into Georgian the textbooks on history and geography of Abkhazia after which the stylistic expertise will be provided by the Abkhaz side.

Upon implementation of points 1 and 2, Georgian will be introduced as the language of instruction in schools of Gali region.

11 March 2002

(Archive of the Staff of the Minister of Georgia on Special Affairs)

 

 

RESOLUTION OF THE PARLIAMENT OF GEORGIA On the situation in Abkhazia

The Parliament of Georgia states:

The resolution of the Parliament of Georgia, dated October 11, 2001 “On the Situation Created on the territory of Abkhazia” has not been implemented at this stage;

The CIS Peacekeeping Forces, deployed on the territory of Abkhazia, in reality fulfill the functions of border guards between Abkhazia and the rest of Georgia and fail to perform the duties, envisaged by their mandate, namely, they cannot provide for the protection of population and creation of conditions for the secure return of internally displaced persons;

In Abkhazia, on the occupied Georgian territory, major human rights and freedoms’ violation on the ethnic basis has been carried on by the assistance of external military force. Such as: arbitrary deprivation of freedom, terror, murders, taking of hostages, kidnapping for money extortion, violation of the official status of the Georgian language, destruction and misappropriation of state, refugees and IDPs’ properties. The monuments of Georgian culture and scientific and academic institutions have been destroyed and similar activities have been going on. The world community has not been appropriately informed of these actions. The policy of the separatists’ leaders have posed a genuine threat to the existence of Abkhaz ethnos itself and to its unique culture;

Abkhazia has become the territory without control and has given shelter to international terrorists and extremists and has turned into the zone for drugs and arms’ trafficking;

While there exist uncontrolled and unregistered armaments on the territory of Abkhazia, Russian military forces continue to supply the separatist regime with heavy military equipment and armaments. Granting to the citizens of Georgia, residing in Abkhazia, the Russian citizenship, further escalates the situation. It is an evident attempt from the side of Russia, to interfere in the internal affairs of Georgia with a pretext of protecting the interests of “own citizens”;

Despite the fat that the heavy military equipment has been withdrawn from Gudauta military basein compliance with CFE, The Russian side has not fulfilled the obligation, taken by the decision of the 1999 OSCE Istanbul Summit regarding the withdrawal and closure of Gudauta military base;

The Parliament of Georgia, while adopting the Constitution of Georgia and in the following period, in order to create the facility conditions for the conflict settlement in Abkhazia, considered it inappropriate to define the status of Abkhazia without the participation of the whole population of Abkhazia;

The separatist government of Abkhazia refuses to cooperate on the definition of the status of Abkhazia not only with Georgian side but also with the UN, the OSCE and other international organizations. Thus, it ignores the good will of international community;

Taking into account the abovementioned, the Parliament of Georgia adopts the following resolution:

1. It is necessary to implement the requirement of the resolution of October 11, 2001 “On the Situation Created on the territory of Abkhazia” regarding the withdrawal of the Peacekeeping Forces of the Russian Federation, acting under the auspices of the CIS, from the territory of Georgia.

2. The ethnic cleansing of the peaceful population, expressed mostly in the extinction and driving out of Georgian population that has been carried on by Abkhaz separatist regime since 1992 and was repeated with special cruelty during Gali events of 1998 should be acknowledged as the genocide of the Georgian population, based on the resolutions of the OSCE 1994 Budapest, 1996 Lisbon and 1999 Istanbul Summits, the resolution of the UN Security Council of January 31, 2002 and the materials, investigated by the Prosecutor’s Office of Georgia. Prosecution, based on the legislation of Georgia and international law must be carried out against the organizers and inspirators of the conflict; also must be enacted the legislative leverages for the restoration of Georgia’s territorial integrity.

3. As the Abkhaz separatist government is an ethnocratic-discriminative regime, the world community should be asked to provide the appropriate assessment of the situation, created in Abkhazia regarding human rights’ protection.

4. In compliance with the demand of the Georgian delegation to the Parliamentary Assembly of the OSCE the government of Georgia must provide for the publicity and adequate reaction on the documentation, prepared by the joint UN and OSCE office in Sukhumi on the violation of human rights in Abkhazia.

5. In compliance with the 1999 Istanbul Summit’s resolution the government of Georgia must provide for the immediate international inspection of the Gudauta military base in order to withdraw and finally close it.

6. The supply of the separatist regime with heavy military equipment and armaments, carried out by the Russian military forces is a breach of international law and rude interference in the internal affairs of Georgia.

7. The monetary intervention, carried out by the Russian Federation in Abkhazia, represents the utilization of economic leverage against Georgia, violating international law. Based on this, the Ministry of Finance of Georgia and the National Bank of Georgia by means of negotiations with respective bodies of the Russian Federation must stop the above-mentioned intervention.

8. The establishment of visa-free regime by the Russian Federation without agreement with Georgia’s central government on the Russia-Georgia’s border section in Abkhazia is against the major principles of international law; Granting of Russian citizenship to Georgian citizens, residing in Abkhazia, is also illegal.

9. While there exists the possibility of the peaceful settlement of the conflict in Abkhazia, it is inadmissible to solve it by forceful methods. We apply to the Abkhaz separatist government to resume the negotiations with Georgian side for the peaceful and just settlement of the conflict.

10. If the Abkhaz separatist government does not take constructive steps, taking into consideration the recommendations of the international community, for the broad-range political settlement of the conflict and will not resume the negotiations process, the executive power of Georgia in three months’ term must define the status of Abkhazia within the state of Georgia, in accordance with the above-mentioned recommendations and first of all, taking into consideration Georgia’s national interests.

11. The Ministry of Foreign Affairs of Georgia must provide for the implementation of joint UNESCO and the Council of Europe’s mission on the basis of the 1954 Hague Convention in order to monitor the cultural heritage, existing on the territory of Abkhazia and to identify the facts of the destruction of cultural monuments.

12. The ad hoc commission of the Parliament of Georgia on the problems of Abkhazia must present the draft on the major directions on the conflict settlement in Abkhazia in compliance with the article 48 of the constitution of Georgia till June 30, 2002.

13. The President of Georgia:

a) Taking into account the existing situation, along with the Parliament of Georgia respective ministries and bodies in four months’ term should provide for the purpose of further reaction the legal political expertise of the normative acts international treaties and agreements, adopted on the issue of Abkhazia. Also in compliance with the articles 65 and 100 of the constitution of Georgia provide for the implementation of the constitutional procedures regarding military type international treaties and agreements concluded on behalf of Georgia;

b) Taking into consideration the existing situation, provide for the reinforcement of defense mechanisms necessary for the country;

c) Should inform international community that Abkhazia, as an uncontrolled territory, is a source of terrorism and extremism and creates threat to the peace in the whole region;

d) Should provide for the full involvement of the legitimate government of Abkhazia, as one of the sides in the negotiation and decision-making process;

e) Should order the respective bodies of the executive power of Georgia, in case of the withdrawal of the Russian Federation’s peace-keeping forces, existing under the auspices of the CIS from the territory of Georgia to provide for the specific measures in order to maintain the cease fair and security of population in the conflict zone.

14. In order to control the implementation of this resolution the Parliament of Georgia should receive every three months the respective information from the executive power of Georgia.

The Chair of the Parliament of Georgia Nino Burjanadze

20 March 2002

(Newspaper “Sakartvelos Respublika”, # 69, 22 March 2002)

 

 

RESOLUTION OF THE PARLIAMENT OF GEORGIA On the Unlawful Misappropriation of State Property and Refugees and Internally Displaced Persons’ Private Property in Abkhazia

The Parliament of Georgia states that:

The armed conflict of 1992-1993 in Abkhazia caused the greatest human tragedy and considerable economic damage to the country. The respective financial-economic bodies of the executive power of Georgia defined that as a result of military activities the property evaluated by tens of billions in US dollars has been destroyed;

After the military activities has stopped on whole territory of Abkhazia, especially in places settled by Georgians has been going on organized and arbitrary settlement in the houses and flats of refugees IDPs, the misappropriation of their real and movable property;

In order to obtain faros and non-faros metals the armed groups created by Abkhaz separatist government destroy buildings and facilities, factories, plants, state institutions, railways and motorway bridges, TV communication and electric devises;

In 1997 the separatist government started the illegal privatization of property on the territory of Abkhazia. As a result, more than thousand facilities had been privatized till 2001. The misappropriation of IDPs and refugees’ private property was especially widespread;

Citizens and legal entities of different counties received the hotels, resort and other facilities in Sukhumi, Gagra, Pitsunda and New-Athony, in the districts of Gudauta, Gulripshi and Ochamchire.

Taking into consideration the abovementioned the Parliament of Georgia decrees:

1. All the civil-legal transactions, concluded from 14 August 1992 regarding the appropriation of state property and refugees and Internally displaced persons’ private property in Abkhazia must be considered unlawful.

2. To apply to the respective bodies of the UN, OSCE and other international organizations to register the facts of misappropriation of state property and refugees and internally displaced persons’ private property conducted by the separatist government of Abkhazia and to work out appropriate suggestions.

3. The executive power of Georgia along with the legitimate government of Abkhazia, with participation of the UN, OSCE, Council of Europe and other international organizations should work out the measures for the restoration of refugees and IDP’s property rights.

4. The law enforcement bodies of Georgia should study the cases of misappropriation of state property and refugees and internally displaced persons’ private property conducted by the separatist government of Abkhazia.

5. To inform the states the citizens and legal entities of which conduct trade and enterpreneurial transactions with separatist government of Abkhazia that all transaction of the separatist government are illegal.

6. In order to control the implementation of this resolution the Parliament of Georgia of the must recceive on periodic basis the respective information from the executive power.

The Chair of the Parliament of Georgia Nino Burjanadze

20 March 2002

(Newspaper “Sakartvelos Respublika”, # 69, 22 March 2002)

 

 

DECREE ISSUED BY THE STATE DUMA OF THE FEDERAL ASSEMBLY OF THE RUSSIAN FEDERATION on Ever Increasing Tension around Abkhazia and South Ossetia

The State Duma of the Federal Assembly of the Russian Federation expresses deep concern with regard to the ongoing process of fomenting tension around Abkhazia and South Ossetia. Constituent elements of the campaign launched against these regions by the leadership of Georgia are allegations as if Abkhazia ha turned into safe heaven for international terrorist. Simultaneously with the aforementioned, the Georgian Authorities are carrying out intensive military programs, resuming subversive activities along the separation line between the Georgian and Abkhaz sides, as well as in the South Ossetia.

In these circumstances, a logical conclusion could be drawn that a purposeful process of preparation of the public opinion is being carried out in Georgia, which aims at expanding of the officially declared anti-terrorist operation to the territory of Abkhazia and South Ossetia, that will be followed by large scale military actions in those regions.

Taking into account that aforementioned scenario of development of affairs will undoubtedly result in destabilization of the overall situation in Trans-Caucasus and will have negative bearing on the developments in the South of Russian Federation, the State Duma of the Federal Assembly of the Russian Federation decrees:

1. To endorse assessments and provisions laid down in the statement of the State Duma of the Federal Assembly of the Russian Federation issued on 6 March 2002 on “ Situation in Georgia in Terms of the Military Presence of USA on Its territory”.

2. To entrust a group of Deputies of the State Duma-members of the Delegation to the Inter-Parliamentary Assembly of CIS States (to be held on 25-26 March 2002, in Saint-Petersburg) with a task of meeting Georgian parliamentarians, in order to discuss issues related to situation in Georgian-Abkhaz and Georgian-Ossetian conflicts.

3. To dispatch a group of Deputies of the State Duma to Tbilisi, Sukhumi and Tskhinvali in order to learn the situation on the spot.

4. To put forward a proposal to the Government of the Russian Federation to render a economic and humanitarian aid to the populations of Abkhazia and the South Ossetia-among them there are tens of thousand of our compatriots, including citizens of the Russian Federation, enduring acute economic crises and extreme difficulties.

5. To put forward a proposal to Mr. V.V.Putin, President of the Russian Federation to offer the Georgian leadership a plan of participation of Russia in the anti-terrorist operation in the Pankisi gorge, with due respect to the fact that there are citizens of the Russian Federation in the gorge.

6. To call upon the Russian Mass Media to pay more attention to the situation in Abkhazia and South Ossetia and provide objective and balanced information about the ongoing events.

7. To send this decree to Mr. Putin, President of the Russian Federation and the Government of the Russian Federation.

8. To send this decree to the “Parliamentary Newspaper” for official publication.

9. This decree shall come into force immediately upon its adoption.

First Deputy Chair of the State Duma

of the Federal Assembly of the Russian Federation L. K. Sliska

22 March 2002

(Bulletin of the Federal Assembly of the RF, 2002, # 13, p. 3363-3364)

 

 

PROTOCOL OF THE MEETING BETWEEN THE GEORGIAN AND ABKHAZ SIDES HELD ON 29 MARCH 2002 IN SUKHUMI

On 29 March 2002 a meeting between the Georgian and Abkhaz Sides took place in Sukhumi. The meeting was held under the chairmanship of Mr. Dieter Boden- Special Representative of the UN Secretary General, and in the presence of Colonel Yuri Alekseev –Acting Commander of the CIS peacekeeping Forces and Colonel Paul Road –Deputy Chief Military observer of UNOMIG.

The Parties once more reiterated their determination not to use military force against each other and continue search for conflict settlement by exclusively peaceful and political means.

The Parties agreed on the following:

1. Pursuant to the Moscow Agreement of 14 May 1994 the Georgian Forces shall be withdrawn from the Kodori gorge by 10 April 2002. The withdrawal shall be carried out under monitoring and control of UNOMIG and the CIS Peacekeeping Forces in accordance with their mandates, as laid down in the Moscow Agreement of May 14, 1994 and resolution # 937 of the UN Security Council adopted on July 21, 1994.

2. The Abkhaz Side shall withdraw all its heavy weapons and artillery systems from the Kodori gorge and the Tkvarcheli region by 10 April 2002. The withdrawal shall be carried out under monitoring and control of UNOMIG and the CIS Peacekeeping Forces. The Abkhaz Side confirms its commitment to paragraph 4 of the protocol of 17 January 2002.

3. By 10 Aprill 2002, a single Joint patrolling by the UNOMIG and CIS Peacekeeping Forces shall be carried out in thre upper and lower parts of the Kodori gorge and the Tkvarcheli region. Beginning from 10 Aprill 2002 and in accordance to their mandates, the UNOMIG and the CIS Peacekeeping Forces shall carry out regular patrolling of the upper and lower parts of the Kodori gorge and Tkvarcheli region, that are respectively controlled by the Georgian and Abkhaz sides. The Joint patrolling of the upper and lower parts of the Kodory gorge shall be carried out at least once in a week. The both Sides must guarantee security on the territories under their control, including security of control routes, and security of personnel of UNOMIG and CIS Peacekeeping forces.

4. The issues related to further stabilization of the situation in the Kodori gorge shall be discussed by experts within the framework of working Group 1 of the Coordinating Council. The first meeting shall be held no later than 15 April 2002.

On behalf of the Georgian Side M. Kakabadze

On behalf of the Abkhaz Side G. Agrba

On behalf of the UNOMIG D. Boden

On behalf of the CIS Peacekeeping Forces I. Alekseev

29 March 2002

(Archive of the Staff of the Minister of Georgia on Special Affairs)

 

 

PROTOCOL # 6 OF THE MEETING OF THE CO-CHAIRMEN OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT

14-16 May, 2002, Borjomi

Chairing: Machavariani Irakli President’s Special Representative for Political Issues of National Security and the Settlement of Conflicts, Head of the Georgian Part of the JCC

Agenda

1. On the arrangements regarding a 10 year anniversary of signing the Russian-Georgian Agreement on the Principles for Peace Settlement of the Georgian-Ossetian Conflict and Beginning of Activity of the JPKF.

2. On the interaction in rehabilitation of economy in the Georgian-Ossetian conflict zone

3. On the status of the process of return of refugees

4. On the organization of the next meeting of the Experts Group on Political Settlement of the Georgian-Ossetian Conflict

5. Miscellaneous

Adopted:

1. On the arrangements regarding a 10 year anniversary of signing a Russian-Georgian Agreement on the Principles for Peace Settlement of the Georgian-Ossetian Conflict and Starting of Activity of the JPKF.

(Prizemlin, Machavariani, Mayorov, Chochiev, Kusov, Gambashidze, Kublashvili, Kochiev, Kulombegov, Korchmar)

1.1 To decide on the arrangements regarding a 10 year anniversary of signing a Russian-Georgian agreement on the Principles for Peace Settlement of the Georgia-Ossetian Conflict and Starting of Activity of the JPKF (Annex 1);

1.2 The participants of the meeting attracted a Georgian sides attention to the statements of some high level officials of Georgia, who characterize a peace process and activities of the JCC and JPCF as ineffective. The participants expressed concern in relation to the mentioned statements.

2. On the interaction in rehabilitation of economy in the Georgian-Ossetian conflict zone

(Machavariani, Mayorov, Chochiev, Kusov, Kublashvili, Kochiev, Kulumbegov)

To decide on the interaction in rehabilitation of economy in the Georgian-Ossetian conflict zone

(Annex 2).

3. On the status of the process of return of refugees

(Machavariani, Mayorov, Chochiev, Kusov, Kublashvili, Kochiev, Kulumbegov, Korchmar)

To decide on the status of process of return of refugees (Annex 3).

4. On the organization of the next meeting of the Experts Group on Political Settlement of the Georgian-Ossetian Conflict

(Machavariani, Mayorov, Chochiev, Kusov, Gambashidze, Kublashvili, Kochiev, Kulumbegov)

To hold a next meeting of the Experts Group on Political Settlement of the Georgian-Ossetian Conflict, in accordance with Point 1 of Annex 1 to the Protocol No 4 of the JCC Co-chairmen meeting on 25 October 2001.

5. Miscellaneous

(Machavariani, Mayorov, Chochiev, Kusov, Kochiev, Kulumbegov, Vantomme)

5.1 The South Ossetian Party informed on raising conflict situation concerning a mass deforesting on the territory of Jalabeti forestry of the South Ossetia by Sackhere Forestry.

The JCC Co-chairmen resolved:

The parties shall examine the mentioned issue with the participation of relevant structures and local bodies of the self-government in a month period and inform the JCC Co-chairmen.

5.2 The JCC Co-chairmen took into consideration an information of the representative of the European Commission, Mr. Jacques Vantomme on the possible realization of the projects by the parties’ non-governmental organizations in the framework of the Council of Europe’s program on the Confidence Building and European Commission’s program “European Initiative for Democracy and Human Rights”. The parties also noted the necessity of accelerating a repair of the building for the parts of the JCC Sectarian and preparing publishing of informational bulletin of the JCC on the Georgian-Ossetian conflict settlement.

The participants of the meeting listened to the statement of the South Ossetian Party concerning a Decree of the president of Georgia on Perpetuation the Memory of the President of the Republic of Georgia Mr. Zviad Gamsakhurdia and Provision of Social and other security for the members of his family, dated 28.03.2002 and Ordinance on the appointment of Mr. D. Kobliadze as a state plenipotentiary of the Georgian President to the administrative-territorial entities of Georgia (Gori, Kaspi, Kareli, Javi regions and Tskhinvali (attached).

The participants of the meeting took into consideration that rehabilitation and perpetuation of Z. Gamskhurdia’s memory creates extremely negative background for further development of the Georgian-Ossetian conflict settlement process. The Co-chairmen took into consideration a statement made by the South Ossetian party, that the South Ossetia considers appointment of the state plenipotentiary to the administrative-territorial entities of Georgia (Gori, Kaspi, Kareli, Javi regions and Tskhinvali) as an intervention in their internal affairs, which is against the policy of the Georgian-Ossetian conflict settlement process.

Chairman of the meeting, Head of the Georgian part of the JCC I. Machavariani

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues)

 

 

Annex 1 To Protocol #6 of the Meeting of Co-Chairmen of the JCC dated May 16, 2002, Borjomi

DECISION OF THE CO-CHAIRMEN OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On Arrangements Dedicated to the 10th Anniversary of Signing the Russian-Georgian Agreement on Principles of Peaceful Settlement of the Georgian-Ossetian Conflict and Starting the Activities of the JPKF

In connection with the forthcoming 10th Anniversary of signing the Russian-Georgian agreement on principles of peaceful settlement of the Georgian-Ossetian conflict and starting the activities of the JPKF,

the Co-Chairmen resolved:

1. Deem it expedient to broadly celebrate the 10th Anniversary of signing the Russian-Georgian agreement on principles of peaceful settlement of the Georgian-Ossetian conflict and starting the activities of the JPKF.

2. Take into consideration the readiness of the the OSCE to support the above-noted event.

3. Establish the organization committee that will be in charge of preparing and conducting the above-noted event dedicated to the 10th Anniversary of signing the Russian-Georgian agreement on principles of peaceful settlement of the Georgian-Ossetian conflict and starting the activities of the JPKF within the composition of co-chairmen of the JCC and Command of the JPKF.

4. Ask the Organizational Committee:

- to develop and coordinate the plan of the above-noted arrangements;

- provide coverage of the preparation and conducting of the above-noted events in the press (mass media);

- Coordinate the list of persons being invited as honorary guests of the events and send invitations thereof.

5.5. On June 5, 2002, hold a meeting of the workgroup of the JCC on activities of the JPKF and cooperation with the law-enforcement entities.

6. Hold a meeting of co-chairmen of the JCC on June 6-6, 2002 in Tskhinvali on preparation and carrying out arrangements dedicated to the 10th anniversary of signing the Russian-Georgian agreement on principles of peaceful settlement of the Georgian-Ossetian conflict and starting the activities of the JPKF.

On behalf of the Georgian side

On behalf of the South Ossetian side

On behalf of the Russian 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 No 6 of the JCC Co-chairmen meeting of 16 May 2002, Borjomi
DECISION OF THE CO-CHAIRMEN OF THE JOINT CONTROL COMMISSION FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLENMENT On Interaction in Rehabilitation of Economy in the Georgia-Ossetian Conflict Zone

The Joint Control Commission for the Georgia-Ossetian Conflict Settlement notes the necessity of activating the efforts for realization of social, economic and humanitarian programs in the Georgia-Ossetian conflict zone.

The parties express their hope for the sooner approval of the Russian-Georgian interstate program on interaction in rehabilitation of economy in the Georgia-Ossetian conflict zone.

The parties underline a positive role of the efforts of international organizations and donor countries in the conflict zone.

The Co-chairmen of the Joint Control Commission resolved:

1. To accept a proposal of the Russian party to hold a meeting of the JCC Working Group on Economic Issues at the beginning of July 2002 in Moscow.

2. To hold preliminary consultations before the indicated meeting on the issues of preparation of the draft Russian-Georgia interstate program on the interaction in rehabilitation of Economy in the Georgia-Ossetian conflict zone and the use of means granted by the European Union.

3. The Russian and Georgian parties shall take measures on the creation of the Russian-Georgian intergovernmental body on realization and implementation of the program in the shortest possible time.

4. The Georgian and Russian parties shall speed up a creation of the joint Georgian-Ossetian body on the program realization with the participation of international donors and investors.

For The Georgian Party:

For The South Ossetia Party:

For The Russian Party:

For The North Ossetia Party:

In The Presence Of:

The Osce:

The European Commission

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues)

 

 

Annex 3 To Protocol #6 of the Meeting of Co-Chairmen of the JCC dated May 16, 2002, Borjomi

DECISION OF THE CO-CHAIRMEN OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On the Status of Return of Refugees

Having heard the information of the ad hoc committee for supporting the voluntary return of refugees and IDPs about the conducted works,

the Co-Chairmen resolved:

1. Agree with the resolution adopted at the meeting of the ad hoc committee for supporting the voluntary return of refugees and IDPs about the conducted works (Protocol 9 of the ad hoc committee dated May 15, 2002).

2. Apply to the High Commissioner of UN on the issues of refugees to renew activities of mobile groups of UN in the zone of the Georgian-Ossetian conflict.

3. Prior to June 1-, 2002, hold the working meeting of the parties to consider the proposals presented for inclusion in the project on “Russian-Georgian Interstate Program on Voluntary Return, Development, Integration and Re-integration of Refugees, IDPs and other Persons Suffered as a Result of the Georgian –Ossetian Conflict to the Places of their Previous Permanent Residence”.

Hold the meeting of the ad hoc committee for supporting the voluntary return of refugees and IDPs at the beginning of July 2002, in Moscow.

On behalf of the Georgian side

On behalf of the South Ossetian side

On behalf of the Russian Side

On behalf of the North Ossetian side

In the presence of: the OSCE Mission and UN

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

JOINT STATEMENT By President George W. Bush And President Vladimir V. Putin On Counterterrorism Cooperation

Issued in conjunction with Moscow summit 24 May 2002

Reaffirming our commitment expressed on October 21, 2001 to fight terrorism in all its forms wherever it may occur, we commend the efforts of the worldwide coalition against terrorism since the tragic events of September 11, 2001. The member nations of the coalition must continue their concerted action to deny safe haven to terrorists; to destroy their financial, logistical, communications, and other operational networks; and to bring terrorists to justice. We note with satisfaction that U.S.-Russia counterterrorism cooperation is making an important contribution to the global coalition against terrorism.

A successful campaign against terrorism must be conducted by nations through bilateral, regional, and multilateral cooperation, and requires a multifaceted approach that employs law enforcement, intelligence, diplomatic, political, and economic actions. We stress that initiatives against terrorism must be conducted in an atmosphere of rule of law and with respect for universal human rights.

Recognizing the importance of multilateral counterterrorism efforts, such as those under the auspices of the United Nations, the Group of Eight, the European Union, the OSCE, the “Six Plus Two” group, and NATO-Russia, we encourage the further development of regional counterterrorism initiatives, including within the framework of the Shanghai Cooperation Organization and its cooperation with the United States, that improve information-sharing, law enforcement cooperation, and border security. Of these institutions, we note that the UN Security Council Counterterrorism Committee plays a key coordinating role in the struggle against international terrorism. In support of regional cooperation, the United States is sponsoring a counterterrorism conference in June 2002 to include participation from the Central Asian and Caucasus states, Afghanistan, Turkey, China, and Russia.

(...)

We reaffirm our commitment to working with the Government of Georgia on counterterrorism issues, while upholding Georgian sovereignty, and hope that the presence of terrorists in this country will be eliminated. As members of the Friends of the UN Secretary-General on Georgia, the United States and Russia remain committed to advancing a peaceful, political resolution of the conflicts in Abkhazia and South Ossetia. We pledge to work closely with all relevant parties to these conflicts to reduce military tensions, address civilians’ security concerns, and foster a lasting political settlement that preserves Georgia’s territorial integrity and protects the rights of all of those involved in the conflicts. We highly appreciate the contribution of the UN Security Council, concerned states, and international mechanisms which participate in peaceful efforts toward resolution of these conflicts.

(...)

Moscow, 24 May 2002

(www.usinfo.state.gov)

 

 

JOINT DECLARATION on New U.S.-Russia Relationship

The United States of America and the Russian Federation, ...having embarked upon the path of new relations for the twenty-first century, and committed to developing a relationship based on friendship, cooperation, common values, trust, openness, and predictability; Reaffirming our belief that new global challenges and threats require a qualitatively new foundation for our relationship; Determined to work together, with other nations and with international organizations, to respond to these new challenges and threats, and thus contribute to a peaceful, prosperous, and free world and to strengthening strategic security;

Declare as follows:

A Foundation for Cooperation

We are achieving a new strategic relationship. The era in which the United States and Russia saw each other as an enemy or strategic threat has ended. We are partners and we will cooperate to advance stability, security, and economic integration, and to jointly counter global challenges and to help resolve regional conflicts.

To advance these objectives the United States and Russia will continue an intensive dialogue on pressing international and regional problems, both on a bilateral basis and in international fora, including in the UN Security Council, the G-8, and the OSCE. Where we have differences, we will work to resolve them in a spirit of mutual respect.

We will respect the essential values of democracy, human rights, free speech and free media, tolerance, the rule of law, and economic opportunity.

(...)

Political Cooperation

The United States and Russia are already acting as partners and friends in meeting the new challenges of the 21st century; affirming our Joint Statement of October 21, 2001, our countries are already allied in the global struggle against international terrorism. The United States and Russia will continue to cooperate to support the Afghan people’s efforts to transform Afghanistan into a stable, viable nation at peace with itself and its neighbors. Our cooperation, bilaterally and through the United Nations, the ‘Six-Plus-Two’ diplomatic process, and in other multilateral fora, has proved important to our success so far in ridding Afghanistan of the Taliban and al-Qaida.

In Central Asia and the South Caucasus, we recognize our common interest in promoting the stability, sovereignty, and territorial integrity of all the nations of this region. The United States and Russia reject the failed model of “Great Power” rivalry that can only increase the potential for conflict in those regions. We will support economic and political development and respect for human rights while we broaden our humanitarian cooperation and cooperation on counterterrorism and counternarcotics.

The United States and Russia will cooperate to resolve regional conflicts, including those in Abkhazia and Nagorno-Karabakh, and the Transnistrian issue in Moldova. We strongly encourage the Presidents of Azerbaijan and Armenia to exhibit flexibility and a constructive approach to resolving the conflict concerning Nagorno-Karabakh. As two of the Co-Chairmen of the OSCE’s Minsk Group, the United States and Russia stand ready to assist in these efforts.

(...)

The President of the United States of America George W. Bush

The President of the Russian Federation Vladimir Putin

Moscow, 24 May 2002

(www.usinfo.state.gov)

 

 

PROTOCOL #7 MEETINGS OF CO-CHAIRMEN OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT

June 5, 2002, Tskhinvali

Chaired by:

Boris Chochiev – Minister of Special Tasks, Head of South-Ossetian part of the JCC

Agenda:

1. On the arrangements dedicated to the 10th anniversary of signing the Russian-Georgian Agreement on the Principles of Peaceful Settlement of the Georgian-Ossetian Conflict and starting the JPKF’s activities.

2. On preparation of meetings of Co-Chairmen of the JCC and session of a workgroup on economic issues min Moscow.

3. Miscellaneous.

Resolved:

On the arrangements dedicated to the 10th anniversary of signing the Russian-Georgian Agreement on the Principles of Peaceful Settlement of the Georgian-Ossetian Conflict and starting the JPKF’s activities.

(Chochiev, Prizemlin, Paraskeva, Zurabishvili, Machavariani, Mayorov, Kusov, Elbakiev)

1.1. To agree with the proposals of the workgroup of the JCC on the activities of the JPKF and the mutual cooperation of law enforcement bodies in the zone of the Georgian –Ossetian conflict, and on the arrangements dedicated to the 10th anniversary of signing the Russian-Georgian Agreement on the Principles of Peaceful Settlement of the Georgian-Ossetian Conflict and starting the JPKF’s activities (Annex 1)

Resolved:

2. On preparation of meetings of Co-Chairmen of the JCC and session of a workgroup on economic issues in Moscow.

(Chochiev, Machavariani, Mayorov, Kusov, Kokoev, Jioev, Lacombe, Vantomme)

2.1. Make a decision about preparation of the meeting of Co-Chairmen of the JCC and a session of the workgroup on the economic issues in Moscow (Annex 2).

Resolved:

3. Miscellaneous

(Kublashvili, Prizemlin, Machavariani, Mayorov, Kusov, Chochiev)

3.1. Assign the workgroup of the JCC on the issues of activities of the JPKF and mutual cooperation of law-enforcement bodies to study the proposals of the Georgian party about the procedure of appointment and prolongation of services of the Commander of the JPKF and head of the joint (united) headquarters (staff), and present the coordinated opinion for the next meeting.

3.2. Take into account the statement of the Head of the Mission of the OSCE in Georgia, the ambassador J. Lacombe about confirming the invitation of the active presidency of the OSCE to hold the next meeting of expert groups on political settlement of the Georgian-Ossetian conflict in the autumn of the current year in Portugal. Discuss the above-noted issues at the nearest meeting in Moscow.

B. Chochiev, Chairman of the Session, Head of the South-Ossetian 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 June 5, 2002, Tskhinvali

DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On the arrangements dedicated to the 10th anniversary of signing the Russian-Georgian Agreement on the Principles of Peaceful Settlement of the Georgian-Ossetian Conflict and starting the JPKF’s activities

The Co-Chairmen resolved:

1. To agree with the proposals of the workgroup of the JCC on the issues of activities of the JPKF in the zone of the Georgian-Ossetian conflict, on the arrangements dedicated to the 10th anniversary of signing the Russian-Georgian Agreement on the Principles of Peaceful Settlement of the Georgian-Ossetian Conflict and starting the JPKF’s activities.

2. The arrangements dedicated to the 10th anniversary of signing the Russian-Georgian Agreement on the Principles of Peaceful Settlement of the Georgian-Ossetian Conflict and starting the JPKF’s activities shall be carried out on July 14, 2002 in Tskhinvali. Send invitations on behalf of the JCC and united headquarters of the JPKF to the representatives of leadership of the parties, legislative organs, political and law enforcement agencies, including the Ministry of Extraordinary Situation of Russia, as well as to Co Chairmen of the parties, chief military heads from the parties, the Mission of the OSCE, the Delegation of EC, the representation (mission) of UN in Georgia.

3. Co-Chairmen of the JCC noted with great satisfaction that all international organizations are ready render respective assistance for organizing the arrangements dedicated to the 10th anniversary of signing the Russian-Georgian Agreement on the Principles of Peaceful Settlement of the Georgian-Ossetian Conflict and starting the JPKF’s activities.

On behalf of the South-Ossetian side

On behalf of the Georgian side

On behalf of the North Ossetian Side

On behalf of the Russian side

In the presence of:

the OSCE Mission and

the European Commission

(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 June 5, 2002, Tskhinvali

DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On preparation of meetings of Co-Chairmen of the JCC and session of a workgroup on economic issues in Moscow

Co-Chairmen resolved:

1. Take measures for implementing the agreements on economic issues concluded in Borjomi.

2. Apply to the Governments of Russia and Georgia to review the issue on introducing to their respective State Budgets for the future year expenditures for development and implementation of inter-state program on mutual cooperation in rehabilitation of economy in the zone of the Georgian-Russian conflict.

3. To hold session of co-chairmen of the JCC and the workgroup on the economic issues on July 4-5, 2002 in Moscow.

4. The Georgian and South Ossetian parties should take preliminary consultations before the Moscow meeting.

On behalf of the South-Ossetian side

On behalf of the Georgian side

On behalf of the North Ossetian Side

On behalf of the Russian side

In the presence of:

the OSCE Mission and

the European Commission

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

LAW OF THE RUSSIAN FEDERATION on Citizenship of the Russian Federation

Article 14. Granting of civic rights (citizenship) through simplified procedures.

1. Foreign nationals and stateless persons that reached the age of 18 and are capable are authorized to file the application on getting the citizenship of the Russian Federation through simplified procedures without compliance with the paragraph “a” of Article 13 of this Federal Law if these citizens and persons:

(…)

b. were the citizens of the USSR, were or are the residents of the Union Republics, didn’t get the citizenship of those republics and remain stateless persons.

(…)

Prezident of the Russian Federation V. Putin

31 May 2002

(Collection of Legislation of the RF # 22, 2002, p. 5481-5496)

 

 

PROTOCOL of the meeting of the Working Group Three held on 25 June 2002 in Tbilisi

1. To note and assess positively the implementation of the decisions made at the meeting of the WG III of 8 April 2002.

2. On the project of the gradual development of the health care in Abkhazia

On the given issue the sides agreed upon the following:

1) The Abkhaz side will provide its proposals on the set-by-step development of the health care in Abkhazia with respect of the needs of Gali region to the bilateral Georgian-Abkhaz Coordinating Commission within two weeks.

2) Based on the consultation with the Sides, the bilateral Georgian-Abkhaz Commission will draft the proposal on the step-by-step development of health care in Abkhazia. The decision on this issue will be taken at the extraordinary session of the Working Group Three.

3) Upon reaching the final decision, the sides will approach the donors and request the provision of the technical and financial assistance for the implementation of this proposal.

3. To endorse the proposal on the treatment of children suffering from heart diseases

The sides agreed to conduct cardiology surgery for children suffering from heart diseases and expressed their gratitude for financial, organisational and other types of support to the staff of the Jo Anne Children Cardiology Department, ICRC, the UNOMIG and the Georgian-Abkhaz Coordinating Commission.

4. To endorse the sport proposal for youth in the conflict zone and the adjacent territories

The sides endorsed the proposal, decided to ask the UNDP for assistance in finalizing the proposal and initiating consultations with the donors on possible funding.

5. To endorse the proposal the second part of the telecommunications project

The sides have endorsed and adopted mutually agreed points to be included in the proposal for the second part of the telecommunications project and expressed their gratitude to the German Embassy in Georgia and the UNDP for their active support in the implementation of this project.

6. To endorse the proposal for the development of Zugdidi and Sukhumi electricity infrastructure

The Sides agreed upon the following:

1) Within 2 weeks the Sides will submit to the Working Group III the documentation for the development of Zugdidi and Sukhumi City electricity infrastructure.

2) Upon reaching the final agreement the Sides will approach the UNDP with the request to initiate consultations with donors on possible financing.

7. Project on summer vacations for Abkhaz and Georgian children in children center ARTEK has been noted.

The Sides expressed their gratitude to the government of Ukraine, the Embassy of Ukraine in Georgia and the UNOMIG for their support in the implementation of this project.

8. The issue of teaching in native language in the Gali district schools has been discussed

With respect to this issue the sides agreed on the following:

The sides will hold additional consultations and take the final decision before 20 July 2002 (the proposals of the Sides are attached).

9. To endorse the proposal on publishing the poem “Knight in Panther’s Skin” in Abkhaz language

The Sides have endorsed the project on publishing the poem “Knight in Panther’s Skin” for the children at pre-school establishments and primary schools in Abkhaz language and ask the UNDP for seeking the funding for its implementation. The Sides agreed to discuss the issue on publishing the works of famous Abkhaz writers in Georgian language.

10. The Sides proposed to submit for the consideration of the next session of the Georgian Abkhaz Coordinat nating Council the proposal for the amendment to the Clause 5 of the Statute of the Georgian-Abkhaz Coordinating Council.

For the Georgian Side M. Kakabadze

For the Abkhaz Side B. Kubrava

For the UN L. Clark

 

Project on fulfillment of the issue “On the results of works on telecommunication means”

The working group gives a high assessment to the work that has been already done by UNDP on rehabilitation of the communication system and telecommunication means considering necessary to ask the Embassy of Germany in Georgia for assistance in allocation of next tranche

aimed to continue works in this field.

For Georgian Side: M. Kakabadze

For Abkhaz Side: B. Kubrava

For the United Nations: L. Clark

 

Proposals of the Working Group Three on medical assistance to the patients with onco-incurable diseases.

To endorse the intention of the sides to provide anesthetic (narcotic) medicines to the patients with onco-incurable diseases. In this regard to elaborate and implement adequate normative acts that will consider strict control and exchange of information between the relevant agencies of the sides through bilateral Georgian-Abkhaz coordinating commission.

For Georgian Side: M. Kakabadze

For Abkhaz Side: B. Kubrava

For the United Nations: L. Clark

 

Proposals of the Working Group Three on Radioactive waste products on the territory of SFTI and other organizations

Having discussed the proposals of the sides, the Working Group Three made a conclusion to carry out the following activities:

1. The SFTI shall specify the list of radioactive sources and waste products.

2. The Ministry of Environment Protection and Natural Resources of Georgia shall:

a) Transfer to the SFTI modern radiometric and dosimetric equipment to carry out independent works with the radioisotope sources, as well as the means of individual protection;

b) assist the SFTI in secure keeping of radioactive products on the territory of the SFTI and preparation of radioactive products for transportation;

c) assist in taking out of the territory of Abkhazia the waste radioactive products after the storage has been accomplished;

d) consider the issue on involvement of special organizations to remove two gamma-installations with cobalt 60 (from 800 to 8000 curie) that still are at the SFTI and IEPT;

e) provide the mobile radiation monitoring equipment to the AGCEM;

f) ask the MAGATE for financial and technical support to fulfil aforementioned measures.

For Georgian Side: M. Kakabadze

For Abkhaz Side: B. Kubrava

For the United Nations: L. Clark

 

Project on the educational issues

The Georgian side forwarded to the Abkhaz side its proposals for further deliberation. The next meeting of the ministers of education will be held on 22 April 2002 at Sukhumi office of the UNO. They will discuss the issue on providing programme-methodical means for the schools of Gali District. The other issues will be discussed at the following meeting.

The Working Group gives a high assessment to the work done by the UNHCR in renovating the schools in Gali District and its intention to accomplish this work (including possible repair of schools occupied by the PKF of the CIS).

The Working Group welcomes the plans of the UNHCR on rehabilitation of schools in the rest of regions of Abkhazia.

For Georgian Side: M. Kakabadze

For Abkhaz Side: B. Kubrava

For the United Nations: L. Clark

25 June 2002

(Archive of the Staff of the Minister of Georgia on Special Affairs)

 

 

PROTOCOL #23 OF THE MEETING OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT

July 9, 2002, Moscow

Agenda:

1. On rehabilitation of economy in the zone of the Georgian-Ossetian Conflict.

2. On draft Russia-Georgia interstate project on return, development, integration and re-integration of refugees, IDPs and other persons suffered as a result of the Georgian-Ossetian conflict and the measures to be taken for the rehabilitation of economy in the regions of return.

3. Miscellaneous.

Adopted:

On rehabilitation of economy in the zone of the Georgian-Ossetian Conflict.

(Mayorov, Machavariani, Kusov, Chochiev, Lacombe, Vantomme, Liddell)

1.1. To make a decision about mutual cooperation in the process of rehabilitating the economy in the zone of Georgian-Ossetian Conflict (Annex 1).

1.2. To approve an address to the European Commission (EC) on rendering the humanitarian aid to the population in the zone of Georgian-Ossetian Conflict.

1.3. To make a decision on the EC proposal (Annex 4).

Adopted:

2. On draft Russia-Georgia interstate project on return, development, integration and re-integration of refugees, IDPs and other persons suffered as a result of the Georgia-Ossetian conflict and measures to be taken for the rehabilitation of economy in the regions of return. (Chochiev, Kusov, Machavariani, Lacombe, Vantomme, Mayorov)

2.1. On draft Russia-Georgia interstate project on return, development, integration and re-integration of refugees, IDPs and other persons suffered as a result of the Georgia-Ossetian conflict and measures to be taken for the rehabilitation of economy in the regions of return (Annex 2).

Adopted:

3. Miscellaneous (Machavariani, Chochiev, Kusov, Mayorov, Lacombe)

3.1. To recommend carrying out of regular 7th meeting of expert groups on political settlement of the Georgia-Ossetian conflict in the first half of September 2002.

Support the proposal of the acting the OSCE mission on carrying out the 8th meeting of expert groups in Vienna between October 7-10, 2002.

3.2 To make a decision on regulating a registration of the JCC meetings (Annex 3).

3.3. Focus the attention of the Georgian part on the importance of the problem resolution with regard to repayment of $100.000 to the UN Development Program intended for financing the rehabilitation projects in the zone of Georgian-Ossetian conflict, which had been transferred to the Georgian budget in 1998 and is subject to repayment pursuant to the law. Entrust the head of the Georgian part of the JCC to make all efforts to achieve a positive settlement of this problem in the near future.

M. Mayorov, Chairman of the Session, 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 #23 Meeting of the Joint Control Commission

(JCC) for the Georgian-Ossetian Conflict Settlement July 9, 2002, Moscow

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 Joint Control Commission decided:

1. Heads of the Georgian and Russian parts of the JCC, in coordination with the concerned ministries and agencies of the parties, prior to October 1, 2002, shall define the level of the heads of the Georgian and Russian parts of the interstate organ to realize the interstate program on mutual cooperation in terms of the rehabilitation of economy in the zone of the Georgian-Ossetian conflict, and a candidate for its membership, as well as develop a draft Provision on this organ in cooperation with the authorized representatives of the South Ossetian and North Ossetian parties and present it for further approval by the Governments of the parties.

2. Deem it expedient to include in the composition of the interstate organ representatives of the public authorities and management being in charge of economic, financial, industrial, commercial, communications, transport, construction, energy, highways, agriculture, social sector and other issues.

3. Recommend the Russian and Georgian parties, in cooperation with the South and North Ossetian parties, to continue working on the Project on the Interstate Program on Mutual Cooperation in Rehabilitation of Economy in the Zone of the Georgian-Ossetian Conflict, bearing into mind the fact that the Program shall be submitted for consideration to the Governments of the Russian federation and Georgia at the end of 2002.

4. Heads of the Russian and Georgian parts shall regularly inform the JCC on the condition of including expenditures for the development and implementation of the Interstate Program on Mutual Cooperation in Rehabilitation of Economy in the Zone of the Georgian-Ossetian Conflict in relevant state budgets for 2003.

5. Approve the address to the European Commission with regard to rendering the humanitarian aid to the population in the zone of the Georgian-Ossetian conflict suffered as a result of the natural disasters within June-July of 2002 (Attached).

6. Carry out meetings with the workgroup of the JCC in charge of economic issues in Tskhinvali and Vladikavkaz at the end of July and early September of 2002, respectively.

On behalf of the Georgian side

On behalf of the South Ossetian side

On behalf of the Russian Side

On behalf of the North Ossetian side

In the presence of: the OSCE Mission European Commission

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

Annex 2 To Protocol # 23 Meeting of the Joint Control

Commission (JCC) for the Georgian-Ossetian Conflict Settlement.

DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On Draft Russia-Georgia Interstate Project on Return, Development, Integration and Re-Integration of Refugees, IDPs and other Persons Suffered as a Result of the Georgian-Ossetian Conflict

July 9, 2002 Moscow

Having heard the information of the ad hoc Committee of the JCC on assisting with the voluntary return of refugees and IDPs,

The Joint Control Committee decided:

1. Approve the Draft Russia-Georgia Interstate Project on Return, Development, Integration and Re-Integration of Refugees, IDPs And other Persons Suffered as a Result of the Georgian-Ossetian Conflict (see the Program).

2. Heads of the Georgian and Russian parts of the JCC shall carry out the respective intra-state procedures in connection with the draft program. In cooperation with the authorized representatives of the South and North Ossetian parties, the draft program shall be completed for the purpose of its further submission to the Government of the Russian Federation and Georgia for approval.

3. The ad hoc Committee of the JCC on refugees, prior to December 1, 2002, shall develop a mechanism for implementing the program and present its proposals to the JCC for consideration.

4. The following meeting of the ad hoc Committee on refugees shall be held between September-October of 2002 in Vladikavkaz.

The exact date shall be agreed along the way.

On behalf of the Georgian side

On behalf of the South Ossetian side

On behalf of the Russian Side

On behalf of the North Ossetian side

In the presence of: the OSCE Mission European Commission

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

Annex 3 To Protocol # 23 Meeting of the Joint Control Commission (JCC)

for the Georgian-Ossetian Conflict Settlement.July 9, 2002 Moscow

DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On Regulating a Registration of the JCC Meetings of the Joint Control Commission (JCC) for the Georgian-Ossetian Conflict Settlement

The Joint Control Commission (JCC) for the Georgian-Ossetian Conflict Settlement (JCC) has been established in accordance with Article 3 of the Agreement on the Principles of the Georgian-Ossetian Conflict Settlement, which was concluded and signed on June 24, 1992 in the city of Sochi.

During ten years of its functioning, there were some periods when the JCC’s activities were very intense, and, unfortunately, there were periods of its business decline. On the whole, some intensification and strengthening tendencies have been identified in the activities of the JCC during the above-noted period. At the present moment, the JCC has become a very efficient instrument of taking control over the situation in the zone of the conflict as a whole, which was marked by the international community to for a number of times.

Due to the above-noted facts, it has become necessary to review and generalize the JCC working experience, which, in its turn, will be impossible without regulating and archiving the relevant documents in an appropriate manner. The main document of the JCC are protocols of its sessions (meetings), which are attached by decisions made about particular directions of its activities. These protocols are divided into three groups, which correspond to three stages of the development of the JCC activities.

The first group: – these are four protocols, which fall under the early stage of the JCC activities (July-August 1992).

The second group: - these are eleven protocols of the JCC meetings which deal with the period when the functioning of the Commission was renewed after the long break between 1992-1994, which was related to the conflict in Abkhazia (covering the period between 1992-1994). Apparently, within the above-noted period one or two sessions on average were held on an annual basis.

And finally, the third group – these are seven protocols of the meetings of co-chairmen of the JCC dealing with the last, the most intense period of its activities covering the years between 2001-2002. It is pretty obvious to see that the average frequency of the given sessions equaled 4 per year (i.e. practically each quarter).

At the same time, it is necessary to admit, that the above-noted three groups of protocols do not find any differences neither from the formal (taking into account the status of the decisions made pursuant to the provision of the JCC) nor conceptual points of view (coverage of the topics under discussions based on which the decisions are made).

Due to the above-noted facts, with the purpose of regulating the registering and archiving of documents of the JCC, is shall be expedient to combine the above-stated protocols under the single numeration.

The joint control commission decided:

1. The above-noted four early, and eleven following sessions of the JCC, as well as seven meetings of co-chairmen shall be named the sessions of the joint control commission and introduce the single numeration for corresponding protocols in accordance with the following enumeration:

Protocol # 1 – Protocol # 1 dated July 3-4, 1992, Tskhinvali and Vladikavkaz;

Protocol # 2 - Protocol # 2 dated July 6, 1992, Tbilisi;

Protocol # 3 – Protocol # 3 dated July 12, 1992;

Protocol # 4 – Protocol dated August 3, 1992, Tskhinvali;

Protocol # 5 – Protocol # 1 dated November 1, 1994, Moscow;

Protocol # 6 – Protocol # 2 dated November 22, 1994, Vladikavkaz;

Protocol # 7– Protocol # 3 dated December 6, 1994, Moscow;

Protocol # 8 – Protocol # 4 dated June 9, 1995, Moscow;

Protocol # 9 – Protocol # 5 dated July 19-20, 1995, Tbilisi and Tskhinvali;

Protocol # 10 – Protocol # 6 dated July 23-24, 1995, Vladikavkaz;

Protocol # 11 – Protocol # 7 dated February 13, 1997, Vladikavkaz;

Protocol # 12 – Protocol # 8 dated September 26, 1997, settlement of Java;

Protocol # 13 – Protocol # 9 dated March 31, 1999, Moscow;

Protocol # 14 – Protocol # 10 dated July 23, 1999, settlement Java;

Protocol # 15 – Protocol on the results of the meeting of co-chairmen of the JCC dated February 8, 2001, Tskhinvali;

Protocol # 16 – Protocol # 11 dated April 21, 2001, Vladikavkaz;

Protocol # 17 – Protocol # 2 on the results of the meeting of co-chairmen of the JCC dated July 3, 2001, Tskhinvali;

Protocol # 18 – Protocol # 3 on the results of the meeting of co-chairmen of the JCC dated August 2, 2001, Moscow;

Protocol # 19 - Protocol # 4 on the results of the meeting of co-chairmen of the JCC dated October 25, 2001, Tskhinvali;

Protocol # 20 – Protocol # 5 on the results of the meeting of co-chairmen of the JCC dated February 28 – March 1, 2002, Tskhinvali;

Protocol # 21 – Protocol # 6 on the results of the meeting of co-chairmen of the JCC dated May 14-16, 2002, Borjomi;

Protocol # 22 – Protocol # 7 on the results of the meeting of co-chairmen of the JCC dated June 5, 2002, Tskhinvali.

2. The ordinal number of 23 shall be assigned to the protocol of this session of the JCC and all further sessions held on the top level of representation of parties in the JCC, shall be numbered based on this fact, under the ordinal number of 24, and then by progressive order.

3. The parties shall introduce to their archives the numeration defined under paragraph 1 of this Decision by indicating the new number in brackets after the old one, and from this time onward, when making references to this protocols, strictly follow the new numeration.

4. Recommend the OSCE, UNHCR, the European Commission, other international organizations, as well as mass media to take into account this Decision and when referring to the JCC documents strictly follow its provisions.

On behalf of the Georgian side

On behalf of the South Ossetian side

On behalf of the Russian Side

On behalf of the North Ossetian side

In the presence of: the OSCE Mission European Commission

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

 

Annex 4 to Protocol # 23 Meeting of the Joint Control Commission (JCC) f

or the Georgian-Ossetian Conflict Settlement. July 9, 2002, Moscow

DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT

On Proposal of the European Commission

Taking into consideration the proposal of the European Commission on the allocation of the third grant for the economic rehabilitation of the zone of the Georgian-Ossetian conflict, and the opinion of the Ossetian party supported in a principle manner by the Georgian party,

the Joint Control Commission decided:

Recommend the South Ossetian and Georgian parties to conduct consultations with the European Commission prior to September 10 of the current year with the purpose of final agreement on the proposal of the EC.

On behalf of the Georgian side

On behalf of the South Ossetian side

On behalf of the Russian Side

On behalf of the North Ossetian side

In the presence of: the OSCE Mission European Commission

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

ADDRESS OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT TO THE EUROPEAN COMMISSION (EC)

The Joint Control Commission for the Georgian-Ossetian Conflict Settlement wants to express its satisfaction with the fat that from 1997, the EC will provide financial assistance for the economic rehabilitation in the zone of Georgian-Ossetian conflict, which will foster the process of the conflict resolution, strengthen mutual confidence and cooperation between the Georgian and Ossetian parties, improve (normalize) the life of the population thereof.

Unfortunately, long rains, which resulted in disasters in many regions of the Caucasus, caused damage to the zone of conflict. Objects of the infrastructure were destroyed, including the road network and units of water supply. Almost half of the agricultural crops perished, which will require growth of import of foodstuffs, most of all wheat flour. Natural disasters not only caused tremendous economic losses, but also materially decreased the living standards of the population.

Taking into account the lack of possibilities to cope with the liquidation of the results of the natural disasters independently, the Joint Control Commission wants to make a request to EC to provide the humanitarian aid for the zone of conflict.

On behalf of the Georgian side

On behalf of the South Ossetian side

On behalf of the Russian Side

On behalf of the North Ossetian side

In the presence of:

the OSCE Mission

the European Commission

Moscow, July 9, 2002

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

PROTOCOL OF THE WORKING GROUP 2 OF THE COORDINATING COUNCIL OF THE GEORGIAN AND ABKHAZ SIDES

Chuburkhindji, 20 July 2002

The meeting of the Working Group 2 of the Coordinating Council of the Georgian and Abkhaz Sides was held in Chuburkhindji on 20 July 2002 under the aucpices of the UN and chaired by the representative of the UNHCR Ms. K. Bertrant, with participation of the deputy to the Special Envoy of the UN Ms. R. Otunbaeva, representatives of the UNOMIG, PKF of the CIS and the Coordinating Office of the UN on Humanitarian Issues.

The Georgian side was represented by delegation led by Mr. M. Kakabadze

The Abkhaz side was represented by delegation led by Mr. S. Shamba

The following items was included in the Agenda:

1. Realization of recommendations of the Joint Mission on assessment of the situation in Gali District (November, 2000), namely the security issues.

The report by the Commander of Gali Sector of the UNOMIG the colonel Hagman and Commander of the North Operating Group of the CIS PKF the colonel Matsko.

2. Implementation of the project of the UNHCR on rehabilitation of schools.

Report by the representative of the UNJCR Ms. K. Bertrant.

3. Registration issues.

4. Miscellaneous.

When opening the meeting, the representative of the UNHCR Ms. K. Bertrant expressed her satisfaction with regard of resumption of the work of Working Group 2 that was so important for peace process. She positively assessed this initiative and expressed her hope to the constructive dialogue within the mandate of this group aimed at resolving the problems. The representatives of both sides made the statements. The following representatives took part in the discussion: representatives of the sides, the Deputy to the Special Envoy of the UN Secretary General Ms. R. Otunbaeva, representatives of the CIS PKF and military observers of the UNOMIG.

Decision:

1. Expressing the understanding and decisiveness to establish the relevant security conditions in Gali District, noting that the security conditions have been improved in Gali over recent times, the participants if the Working Group 2 reached the agreement that the further gradual realization of the stability in the district and improvement of the work of law-enforcement agencies, constitute the priority task of current days.

The sides decided to ask the UNOMIG for immediate invitation of international experts to assess the situation in the security sphere and elaborate the recommendations for its improvement.

For further intensification of works on learning the problems of returned populations, the sides decided to include in the delegations of Georgia and Abkhazia at the Quadripartite Meeting one member from each, or entrust the acting members with the relevant task.

The sides reaffirm their intention towards the peaceful ways of regulating the disputable issues and condemn the acts aimed at solving them by forcible means.

2. The sides received the information of the UNHCR on implementation of the project of school rehabilitation.

3. The Sides agreed to start discussing the issue of registration after the work of international group of experts has been completed.

4. The Sides decides to hold the meetings of the Working Group 2 on the regular basis.

For the Georgian Side M. Kakabadze (Signed)

For the Abkhaz Side S. Shamba (Signed)

For the UNHCR K. Bertrant (Signed)

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

JOINT STATEMENT of the Twelfth Session of the Working Group One

On 20 July 2002 in Chuburkhinji at the CIS PKF CP 201 the Twelfth Session of the Working Group One was held under the chairmanship of the Major General Kazi Ashfaq. The Georgian side was headed by Mr. Malkhaz Kakabadze. The Abkhaz side was headed by Mr. Sergei Shamba. The group of the CIS PKF was headed by Major General Alexander Evteev.

1. The package of questions were included on the agenda, including security and confidence measures in Kodori valleye, also the situation in the Security Zone.

2. The sides reaffirmed their commitments not to use force against each other and resolve all disputable problems only through the peaceful means.

3. The Georgian side once again stated that it had fulfilled all the commitments taken in conformity with the Protocol of the meeting of Georgian and Abkhaz Sides in Sukhumi on 29 March 2002. In addition to this statement the Georgian side informed about significant reduction of the number of Georgian border guards at the upper part of Kodori Valley with regard to the number set out in the list of members of staff as mentioned in the letter of Mr. Malkhaz Kakabadze. The Georgian side gave the explanation about the legal status and role of reservists, residing in upper part of the Kodori Valley. The Georgian side confirmed its intension to withdraw by the end of this month three mortars and ammunitions remaining in the village of Chkhalta after withdrawal of military units of the Ministry of Defence of Georgia in compliance with the Protocol of 29 March 2002.

4. The Abkhaz side agreed that measures taken under the aegis of the UNOMIG, particularly, the resumption of patrols to Kodori Valley by the representatives of the UNOMIG and CIS PKF would facilitate stabilization of the situation. At the same time the Abkhaz side adheres to the opinion that presence of Georgian border guards in Kodori Valley and armed reservists is a violation of existing agreements, including the Moscow agreement on Cease-fire and Separation of Forces of 14 May 1994. The Abkhaz side still considers that establishment of permanent posts of the UNOMIG and PKF of the CIS at the upper part of Kodori Valley, as well as the demilitarization of Kodori valley could be important contribution to the peace and confidence building process.

5. The representative of the CIS PKF provided the information that within 7 months of 2002 the PKF suffered losses in Kodori Valley closer to the Post 107 (Upper Lata).

One serviceman died, three wounded, one vehicle was exploded. The loss was a result of subversions and shelling. The situation with regard of PKF in Kodori Gorge is assessed as volatile and tensed.

6. The Chairman of the PKF of the CIS informed regarding withdrawal of the Posts

of PKF 105 and 103 at the northern part of the Security Zone in order to vacate school in Zemo-Bargebi and dwelling house in Repo-Etseri.

For the Georgian Side M. Kakabadze

For the Abkhaz Side S. Shamba

For the CPKF of the CIS A. Evteev

For the UNOMIG K. Ashfaq

20 July 2002

(Archive of the Staff of the Minister of Georgia on Special Affairs)

 

 

RESOLUTION 1427 (29 July 2002) Adopted by the UN Security Council

The Security Council,

Recalling all its relevant resolutions, in particular resolution 1393 (2002) of 31 January 2002,

Having considered the report of the Secretary-General of 10 July 2002 (S/2002/742),

Recalling the conclusions of the Lisbon (S/1997/57, annex) and Istanbul summits of the Organization for Security and Cooperation in Europe (OSCE) regarding the situation in Abkhazia, Georgia,

Recalling the relevant principles contained in the Convention on the Safety of United Nations and Associated Personnel adopted on 9 December 1994,

Recalling its condemnation of the shooting down of a helicopter of the United Nations Observer Mission in Georgia (UNOMIG) on 8 October 2001, which resulted in the death of the nine people on board, and deploring the fact that the perpetrators of that attack have still not been identified,

Stressing that the continued lack of progress on key issues of a comprehensive settlement of the conflict in Abkhazia, Georgia, is unacceptable,

Welcoming the important contributions made by UNOMIG and the Collective Peacekeeping Forces of the Commonwealth of Independent States (CIS peacekeeping force) in stabilizing the situation in the zone of conflict, and stressing its attachment to the close cooperation existing between them in the performance of their respective mandates,

Welcoming also the agreement on the extension of the mandate of the CIS peacekeeping force for a new period terminating on 31 December 2002,

1. Welcomes the report of the Secretary-General of 10 July 2002 (S/2002/742);

2. Commends and strongly supports the sustained efforts of 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 promote the stabilization of the situation and the achievement of a comprehensive political settlement, which must include asettlement of the political status of Abkhazia within the State of Georgia;

3. Recalls, in particular, its support for the document on “Basic Principles for the Distribution of Competences between Tbilisi and Sukhumi” and for its letter of transmittal, finalized by, and with the full support of, all members of the Group of Friends;

4. Regrets the lack of progress on the initiation of political status negotiations, and recalls, once again, that the purpose of these documents is to facilitate meaningful negotiations between the parties, under the leadership of the United Nations, on the status of Abkhazia within the State of Georgia, and is not an attempt to impose or dictate any specific solution to the parties;

5. Underlines further that the process of negotiation leading to a lasting political settlement acceptable to both sides will require concessions from both sides;

6. Deeply regrets, in particular, the repeated refusal of the Abkhaz side to agree to a discussion on the substance of this document, again strongly urges the Abkhaz side to receive the document and its transmittal letter, urges both parties thereafter to give them full and open consideration, and to engage in constructive negotiations on their substance, and urges those having influence with the parties to promote this outcome;

7. Calls on the parties to spare no efforts to overcome their ongoing mutual mistrust;

8. Condemns any violations of the provisions of the Moscow Agreement of 14 May 1994 on a Ceasefire and Separation of Forces (S/1994/583, annex I), and demands that they cease immediately;

9. Welcomes the decrease of tensions in the Kodori Valley and the intention reaffirmed by the parties to resolve the situation peacefully, recalls its strong support to the protocol signed by the two sides on 2 April 2002 regarding the situation in the Kodori Valley, calls on both sides, and in particular the Georgian side, to continue to fully implement this protocol, and recognizes the legitimate security oncerns of the civilian populations in the area, calls on the political leaders in Tbilisi and Sukhumi to observe security agreements, and calls on both sides to spare no efforts to agree a mutually acceptable arrangement for security of the population in, and in the vicinity of, the Kodori Valley;

10. Calls on the Georgian side to continue to improve security for joint UNOMIG and CIS peacekeeping force patrols in the Kodori Valley to enable them to monitor the situation independently and regularly;

11. Strongly urges the parties to ensure the necessary revitalization of the peace process in all its major aspects, to resume their work in the Coordinating Council and its relevant mechanisms, to build on the results of the Yalta meeting on confidence-building measures in March 2001 (S/2001/242), and to implement the proposals agreed on that occasion in a purposeful and cooperative manner;

12. Stresses the urgent need for progress on the question of the refugees and internally displaced persons, calls on both sides to display a genuine commitment to make returns the focus of special attention and to undertake this task in close coordination with UNOMIG, reaffirms the unacceptability of the demographic changes resulting from the conflict, reaffirms also the inalienable right of all refugees and internally displaced persons affected by the conflict to return to their homes in secure and dignified conditions, in accordance with international law and as set out in the Quadripartite Agreement of 4 April 1994 (S/1994/397, annex II) and the Yalta Declaration, recalls that the Abkhaz side bears a particular responsibility to protect the returnees and to facilitate the return of the remaining displaced population, and requests further measures to be undertaken inter alia by the United Nations Development Programme, the Office of the United Nations High Commissioner for Refugees and the Office for the Coordination of Humanitarian Affairs to create conditions conducive to the return of refugees and internally displaced persons, including through quick-impact projects, to develop their skills and to increase their self-reliance, with full respect for their inalienable right to return to their homes in secure and dignified conditions;

13. Urges once again the parties to implement the recommendations of the joint assessment mission to the Gali district, carried out under the aegis of the United Nations, welcomes the agreement of the parties in this regard to explore the possibility of enhancing support for local law enforcement agencies, and calls in particular on the Abkhaz side to improve law enforcement involving the local population and to address the lack of instruction in their mother tongue for the ethnic Georgian population;

14. Calls on both parties publicly to dissociate themselves from militant rhetoric and demonstrations of support for military options and for the activities of illegal armed groups, and reminds the Georgian side in particular to uphold its commitment to put an end to the activities of illegal armed groups;

15. Calls, once again, on the parties to take all necessary steps to identify those responsible for the shooting

down of a UNOMIG helicopter on 8 October 2001 and to bring them to justice and underlines that it is the primary responsibility of both sides to provide appropriate security and to ensure the freedom of movement of UNOMIG, the CIS peacekeeping force and other international personnel;

16. Welcomes constant review by UNOMIG of its security arrangements in order to ensure the highest possible level of security for its staff;

17. Decides to extend the mandate of UNOMIG for a new period terminating on 31 January 2003;

18. Requests the Secretary-General to continue to keep the Council regularly informed and to report three months from the date of the adoption of this resolution on the situation in Abkhazia, Georgia;

19. Decides to remain actively seized of the matter.

(www.un.org/docs)

 

 

PROTOCOL #24 OF THE MEETING OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT

July 30, 2002, Tskhinvali

Chaired by:

Boris Chochiev – Minister of Special Tasks, Head of the South-Ossetian Part of the JCC

Agenda:

1. On the facts of violation of the management system of the JPKF in the zone of the Georgian-Ossetian conflict and the measures to be taken for providing efficient functioning thereof.

2. On non-sanctioned flights of aircrafts over the territory of the zone under the responsibility of the JPKF.

3. Miscellaneous.

Resolved:

1. On the facts of violation of the management system of the JPKF in the zone of the Georgian-Ossetian conflict and the measures to be taken for providing efficient functioning thereof.

(Chochiev, Machavariani, Mayorov, Friev, Kochnev, Prizemlin, Lacombe, Holze)

1.1. Make a decision of the facts of violation of the management system of the JPKF in the zone of the Georgian-Ossetian conflict and the measures to be taken for providing efficient functioning thereof (Annex 1).

Resolved:

2. On non-sanctioned flight of aircrafts over the territory of the zone under the responsibility of the JPKF.

Chochiev, Machavariani, Mayorov, Holze)

2.1. Make a decision on the facts of non-sanctioned flights of aircrafts over the territory of the zone under the responsibility of the JPKF (Annex 2).

Resolved:

3. Miscellaneous

(Chochiev, Machavariani, Mayorov, Kholze)

3.1. Deem it expedient to arrange a session of the Council of representatives of the Special Coordinating Center on mutual cooperation of law enforcement bodies of the parties prior to September 1, 2002. The place for holding the session should be coordinated along the way.

3.2. In order to keep stability in the zone of the Georgian-Ossetian conflict, point out to the relevant agencies of the parties how important it is to notify the leadership of the South Ossetian and Georgian parties of the JCC in advance about the plans of law enforcement entities to conduct operations in the zone under the supervision and responsibility of the JPKF.

B. Chochiev-Chairman of the Session, Head of South-Ossetian part of the JCC

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

STATEMENT On the Facts of Violation of The Management System of the JPKF in the Zone of the Georgian-Ossetian Conflict and the Measures to be Taken for Providing Efficient Functioning Thereof.

The joint forces of the JPKF established under the JCC for Georgian Ossetian conflict settlement, pursuant to the Agreement on principles of settlement of the Georgina-Ossetian conflict concluded on June 24, 1992, shall carry out their activities on the basis of the stated Agreement, as well as the Agreement on further development of the process of peaceful settlement of the Georgian-Ossetian conflict, and, Procedure on the JCC, and Procedure on main principles of activities of military contingents and groups of military observers. Acting in accordance with the states documents, the JPKF provided efficient keeping of peace and stability in the zone pf conflict, remaining up until the present moment, the most important factor of keeping peace and safe life.

The peacekeeping operation in the zone of the Georgian-Ossetian conflict, by itself, represents a unique operation. For the first time in the world practice, subdivisions of the parties, that previously took part in the conflict, participated in it. The experience of the JCC of the tripartite forces for keeping peace in the zone of the Georgian-Ossetian conflict, that did not admit any outburst of armed violence, and, at the same time, did not suffer any battle losses, permits us to speak about the impressive success of their operations and the capability to use the tested model in other places. At the same time, this experience shows that use of the JPKF in the peace-keeping operations may be possible only in the case where interests of all parties and openness are strictly observed in the process of making decisions by taking into account the realistic situation in the zone of conflict, as well as unconditioned fulfillment of all decisions made by the JCC and joint Headquarters members of the JPKF.

However, an unprecedented event took place on July 14, 2002, during the arrangements dedicated to the 1st anniversary of the Russian-Georgian Agreement on principles of peaceful settlement of the Georgian-Ossetian conflict and starting the activities of peacemaking forces in the zone of the Georgina-Ossetian conflict, specifically the Georgian contingent did not comply with the order of the Commander of the JPKF acting on the basis of the decisions if the JCC dated May 16 and July 5, 2002, on participation of the Georgian battalion in the stated arrangements.

The Georgian side not only refused to comply with the requirements of the agreement concluded within the framework of the JCC, but also violated its international obligations, and, in fact, tried to take the responsibility on the direct management of the Georgian contingent of the JPKF through direct management of its activities in the peacemaking operations (omitting the JCC and joint Command) which was the violation of the provisions of the Sochi Treaty and other fundamental documents of the settlement process.

These activities should be regarded as discrediting the peacemaking operations and undermining confidence between the parties to the conflict, as well as a dangerous precedent of disobedience by one of the parts of the contingent to the order of the joint Command of the JPKF, which may cause derangement of not only the peacemaking process but also of the entire peaceful process and result in unpredictable consequences.

The JCC deems it necessary to assign the co-chairman of the Georgian side, together with the workgroup in charge of the issues of activities of the JPKF and the law-enforcement entities, to clarify the reasons of the above-noted fact of violation of the agreement of June 24, 1992 and make a respective decision on it and present it for consideration to the leadership of the parties that participate in the process of the conflict settlement.

The JCC call upon to the Georgian side to take necessary actions for rehabilitating the management system by the Georgian contingent of the JPKF in accordance with the fundamental documents of the process for the Georgian-Ossetian conflict settlement and don’t admit repetition of the above-noted facts in future.

On behalf of the South Ossetian side On behalf of the Georgian side

On behalf of the Russian Side

On behalf of the North Ossetian side

In the presence of:

the OSCE Mission and

European Commission

July 30, 2002, Tskhinvali

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

Annex 2 To Protocol #24 of the JCC Session dated July 30, 2002, Tskhinvali

DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On non-sanctioned flight of aircrafts over the territory of the zone under the responsibility of the JPKF

Having heard and discussed the information of the South Ossetian side about the renewed non-sanctioned flights of helicopters without tokens over the zone of the JPKF in the zone of the Georgian-Ossetian conflict, the JCC for the Georgian –Ossetian conflict settlement resolved:

1. Consider any non-sanctioned flights over the zone under the responsibility of the JPKF as a dangerous actions designed for derangement of peaceful process.

2. Point out to the respective agencies of the parties to the inadmissibility of no-sanctioned flights over the zone under the responsibility of the JPKF.

3. Co-chairmen of the JCC, together with the commander of the JPKF, should carry out some works to find out the ownership of the helicopters that performed flights over the zone of the Georgian-Ossetian conflict, and inform the JCC about the results prior to August 10, 2002. The Commander of the JPKF, based on the outcome of the above-noted works, should develop and present for consideration of the JCC the whole complex of measures to be taken for banning the non-sanctioned flights over the zone under the responsibility of the JPKF.

On behalf of the South Ossetian side

On behalf of the Georgian side

On behalf of the Russian Side

On behalf of the North Ossetian side

In the presence of:

the OSCE Mission and

European Commission

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

 

STATEMENT On the Facts of Violation of The Management System of the JPKF in the Zone of the Georgian-Ossetian Conflict and the Measures to be Taken for Providing Efficient Functioning Thereof.

The joint forces of the JPKF established under the JCC for Georgian Ossetian conflict settlement, pursuant to the Agreement on principles of settlement of the Georgina-Ossetian conflict concluded on June 24, 1992, shall carry out their activities on the basis of the stated Agreement, as well as the Agreement on further development of the process of peaceful settlement of the Georgian-Ossetian conflict, and, Procedure on the JCC, and Procedure on main principles of activities of military contingents and groups of military observers. Acting in accordance with the states documents, the JPKF provided efficient keeping of peace and stability in the zone pf conflict, remaining up until the present moment, the most important factor of keeping peace and safe life.

The peacekeeping operation in the zone of the Georgian-Ossetian conflict, by itself, represents a unique operation. For the first time in the world practice, subdivisions of the parties, that previously took part in the conflict, participated in it. The experience of the JCC of the tripartite forces for keeping peace in the zone of the Georgian-Ossetian conflict, that did not admit any outburst of armed violence, and, at the same time, did not suffer any battle losses, permits us to speak about the impressive success of their operations and the capability to use the tested model in other places. At the same time, this experience shows that use of the JPKF in the peace-keeping operations may be possible only in the case where interests of all parties and openness are strictly observed in the process of making decisions by taking into account the realistic situation in the zone of conflict, as well as unconditioned fulfillment of all decisions made by the JCC and joint Headquarters members of the JPKF.

However, an unprecedented event took place on July 14, 2002, during the arrangements dedicated to the 1st anniversary of the Russian-Georgian Agreement on principles of peaceful settlement of the Georgian-Ossetian conflict and starting the activities of peacemaking forces in the zone of the Georgina-Ossetian conflict, specifically the Georgian contingent did not comply with the order of the Commander of the JPKF acting on the basis of the decisions if the JCC dated May 16 and July 5, 2002, on participation of the Georgian battalion in the stated arrangements.

The Georgian side not only refused to comply with the requirements of the agreement concluded within the framework of the JCC, but also violated its international obligations, and, in fact, tried to take the responsibility on the direct management of the Georgian contingent of the JPKF through direct management of its activities in the peacemaking operations (omitting the JCC and joint Command) which was the violation of the provisions of the Sochi Treaty and other fundamental documents of the settlement process.

These activities should be regarded as discrediting the peacemaking operations and undermining confidence between the parties to the conflict, as well as a dangerous precedent of disobedience by one of the parts of the contingent to the order of the joint Command of the JPKF, which may cause derangement of not only the peacemaking process but also of the entire peaceful process and result in unpredictable consequences.

The JCC deems it necessary to assign the co-chairman of the Georgian side, together with the workgroup in charge of the issues of activities of the JPKF and the law-enforcement entities, to clarify the reasons of the above-noted fact of violation of the agreement of June 24, 1992 and make a respective decision on it and present it for consideration to the leadership of the parties that participate in the process of the conflict settlement.

The JCC call upon to the Georgian side to take necessary actions for rehabilitating the management system by the Georgian contingent of the JPKF in accordance with the fundamental documents of the process for the Georgian-Ossetian conflict settlement and don’t admit repetition of the above-noted facts in future.

On behalf of the South Ossetian side On behalf of the Georgian side

On behalf of the Russian Side

On behalf of the North Ossetian side

In the presence of:

the OSCE Mission and

European Commission

July 30, 2002, Tskhinvali

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 

 

JOINT STATEMENT of the Georgian and Abkhaz Sides of 4 August 2002

On 4 August 2002 under the aegis of the UN and under the chairmanship of the Special Representative of the UN Secretary-General in Georgia Ms. Kh. Talyaviny the Gali meeting was held with participation of the Georgian and Abkhaz Sides in the presence of the Chief Military Observer of the UNOMIG General K. Ashfak.

The Georgian side was represented by the delegation headed by Mr. A. Jorbenadze. The Abkhaz side was represented by the delegation headed by Mr. A. Jergenia.

In the course of meeting the sides affirmed their commitment to the regulation of disputable issues solely through the peaceful ways. The sides expressed their concern about exacerbation of situation in the northern part of Gulripshi district and discussed the complex of measures aimed at early diffusion of the strained situation and decided to take all necessary steps for stabilization of the situation and prevention of crises, in particular:

- on 5 August 2002 the representatives of the sides will visit the northern part of Gulripshi district. The proposals on controlling mechanisms over the situation in this region will be elaborated based on the results of this visit;

- the “hot-line” will be established to provide prompt communication of the sides in case of emergency in order to exchange operative information and remove the tension.

The sides stressed on usefulness of such meetings and agreed to hold further meetings when necessary.

From the Georgian side A. Jorbenadze

From the Abkhaz side A. Jergenia

From the UN Kh. Tagliavini

From the UNOMIG K. Ashfak

4 August 2002

(Archive of the Staff of the Minister of Georgia on Special Affairs)

 

 

RESOLUTION OF THE PARLIAMENT OF GEORGIA on the Fact of Bombing of the Territory of Georgia by the Military Forces of the Russian Federation

The Parliament of Georgia expresses its extreme indignation on the fact of bombing of the territory of Georgia on 23 August 2002 by the air forces of the Russian Federation, resulted in casualties of among the civilian population. Therefore, in order to guarantee security of the country and define principal directions of internal and foreign policy of Georgia

The Parliament of Georgia decrees:

1. Due to the intentional procrastination by the Russian federation of the process of withdrawal of Gudauta and other military bases deployed on the territory of Georgia, thereby breaching the Agreement of the OSCE 1999 Istanbul Summit, the executive authorities shall unilaterally determine the time-table of the withdrawal of military bases and take all necessary measures for its implementation.

2. Based on the repeated resolutions issued by the Parliament of Georgia, the executive authorities

of Georgia shall immediately terminate the mandate of contingent of the Russian peacekeeping forces and

take adequate measures to secure its withdrawal at the earliest possible date.

3. Due to absolute negligence on the part of the CIS of the repeated facts of military aggression of the Russian Federation against sovereign Georgia, to consider unacceptable further membership of Georgia in the CIS and calls on the President of Georgia to start all necessary procedures for denunciation of the Treaty on Georgia’s membership in the CIS.

4. The executive authority of Georgia shall elaborate, at the earliest possible date, an action-plan of urgent and additional measures aimed at strengthening of defensive capacity and security of the country; for the financial support of this plan the President of Georgia shall submit to the Parliament amendments to the law “on State Budget of 2002” and in the process of elaboration of the state budget of 2003 give due consideration to the need of increase and prioritization of financing of the military forces of Georgia.

5. The Ministry of Foreign Affairs of Georgia shall determine the scope of material and moral damage consequent of the bombing and carry out adequate measures in order to attain compensation in accordance with the international standards.

6. The Bureau of the Parliament of Georgia shall exercise control on the implementation of this Decree.

The Chair of the Parliament of Georgia Nino Burjanadze

26 August 2002

(Archive of the Staff of the Minister of Georgia on Special Affairs)

 

 

REZOLUTION OF THE PARLIAMENT OF GEORGIA on the fact of bombing the territory of Georgia by the military forces of the Russian federation

The Parliament of Georgia expresses its extreme indignation on the fact of bombing of the territory of Georgia on 23 August 2002 by the air forces of the Russian Federation, resulted in casualties of among the civilian population. Therefore, in order to guarantee security of the country and define principal directions of internal and foreign policy of Georgia

The Parliament of Georgia decrees:

1. Due to the intentional procrastination by the Russian federation of the process of withdrawal of Gudauta and other military bases deployed on the territory of Georgia, thereby breaching the Agreement of the OSCE 1999 Istanbul Summit, the executive authorities shall unilaterally determine the time-table of the withdrawal of military bases and take all necessary measures for its implementation.

2. Based on the repeated resolutions issued by the Parliament of Georgia, the executive authorities of Georgia shall immediately terminate the mandate of contingent of the Russian peacekeeping forces and take adequate measures to secure its withdrawal at the earliest possible date.

3. Due to absolute negligence on the part of the CIS of the repeated facts of military aggression of the Russian Federation against sovereign Georgia, to consider unacceptable further membership of Georgia in the CIS and calls on the President of Georgia to start all necessary procedures for denunciation of the Treaty on Georgia's membership in the CIS.

4. The executive authority of Georgia shall elaborate, at the earliest possible date, an action-plan of urgent and additional measures aimed at strengthening of defensive capacity and security of the country; for the financial support of this plan the President of Georgia shall submit to the Parliament amendments to the law "on State Budget of 2002" and in the process of elaboration of the state budget of 2003 give due consideration to the need of increase and prioritization of financing of the military forces of Georgia.

5. The Ministry of Foreign Affairs of Georgia shall determine the scope of material and moral damage consequent of the bombing and carry out adequate measures in order to attain compensation in accordance with the international standards.

6. The Bureau of the Parliament of Georgia shall exercise control on the implementation of this Decree.

The Chair of the Parliament of Georgia Nino Burjanadze

Tbilisi, 26 August 2002

(Archive of the Parliament of Georgia/in Georgian)

 

 

PROTOCOL # 25 OF THE SESSION OF JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT

3-4 October, 2002, Tskhinvali

Chairing: Chochiev Boris Minister for Special Assignments of the Republic of South Ossetia, Head of the South Ossetian Part of the JCC

Agenda

1. On the aspects in the development of the Georgian-Ossetian Conflict Settlement process

2. Miscellaneous

Adopted:

1. On the aspects in the development of the Georgian-Ossetian Conflict Settlement process

(Chochiev, Prizemlin, Machavariani, Kusov, Mayorov, Vikki, Vantomme, Kublashvili, K. Kochiev)

The parties discussed the development of the situation in the Georgian-Ossetian conflict zone. The party has made a statement in light of the recent news on the possible conduction of force actions on the Tskhinvali territory of the South Ossetia (the statement is attached).

The parties noted with concern the appearance of serious of publications, which make a negative background and generate fears for the fate of peace in the conflict zone. The parties confirmed their aspiration for achieving the Georgian-Ossetian conflict settlement exceptionally by peaceful means.

The parties took into consideration the statement of the Georgian party, that the abovementioned news do not reflect an official position of the Georgian government, which remains adherent towards peace settlement of the Georgian-Ossetian conflict in the framework of the negotiation process.

The Joint Control Commission underlines the inadmissibility of conducting force actions contradicting to the achieved agreements in the zone under the JPKF responsibility, without agreement with the JCC.

The participants of the meeting called the officials and mass media to abstain from actions, statements and publication of the materials, which could complicate the situation in the Georgian-Ossetian conflict zone and peace settlement process.

Adopted:

2. Miscellaneous

(Chochiev, Prizemlin, Machavariani, Kusov, Mayorov, Vikki, Vantomme, Kublashvili, K. Chochiev, Dzitsoiti, Tadeev)

2.1. Having listened to the information of the JPKF Commander on the emerged difficulties during movement of the JPKF staff outside the conflict zone, directing to the medical establishments of the DRTIC (Grope Russian Truppe in Caocasus), as well as accompanying transport vehicles of the JPKF for repairing works, it was decided to instruct the JCC working group of the JPKF activity and Interaction of the Law-enforcement Bodies in the Georgian-Ossetian Conflict Zone to
discuss the issues raised by the JPKF Commander and to elaborate a relevant draft JCC Decision, if necessary.

2.2. To hold a JCC meeting on the issue of the organizational works of the Special Coordination Centre under the JCC on the Interaction of the Lawenforcement bodies of the parties with the participation of the JCC in the nearest future in Tskhinvali.

2.3. To hold a meeting of the JCC Ad hoc committee on Refugees in the
period between 15 and 20 October 2002 in Vladikavkaz.

Chairman of the session, Head of the South Ossetian part of the JCC B. Chochiev

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues)

 

 

 

PROTOCOL THE 7-TH MEETING OF EXPERTS’ GROUP Of AUTHORIZED DELEGATIONS OF THE SIDES WITHIN THE NEGOTIATION PROCESS on full-scale settlement of Georgian-Ossetian conflict

On 4 October 2002 the 7-th meeting of Experts’ group of authorized delegations of the sides within the negotiation process on full-scale settlement of Georgian-Ossetian conflict, under mediation of the Russian Federation, participation of representatives of the Republic of North Ossetia-Alania and the OSCE, in the presence of representatives of the European Commission (see the list attached) was held in Tskhinvali.

The representative of the OSCE Cio made a presentation at the meeting and delivered the invitation by Portuguese Chair to hold the 8-th meeting of the experts’ group of autorized delegations of the sides within the framework of negotation process on full-scale settlement of Georgian-Ossetian conflict on 26-27 October 2002 in Castelo-Branco (Portugal).

Bearing in mind the importance of the upcoming meeting and possible wide range of the problems to be discussed the sides applied to the Cio with the request to consider the possibility of adding working days to the proposed schedule.

The sides agreed to consider the issue of their participation in the 8-th meeting of the experts’ group and inform the OSCE on their decision not later than 8 October 2002.

In order to traft the agenda of the experts’ group 8-th meeting the sides agreed to exchange appropriate proposals withi a week’s time. If necessary, take final decision on this issue during the ad hoc Committee on Refugees session in Vladikavkaz on 15-20 October 2002.

The sides expressed their deep appreciation to the South Ossetian side for hospitality and for providing good working conditions for the above meeting.

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues)

 

LAW OF GEORGIA on changes and amendments to the constitution of Georgia

Article 1. To introduce the following changes and amendments to the Constitution of Georgia:

1. To add to Article 3 as Paragraph 4 the following:

“4. The status of the Autonomous Republic of Abkhazia shall be determined by the Constitutional law of Georgia “on the Status of the Autonomous Republic of Abkhazia”

2. In Paragraph 3 of Article 4 to change the word “Abkhazia” with the words “The Autonomous Republic of Abkhazia”.

3. In Article 8 to change the word “Abkhazia” with the words “The Autonomous Republic of Abkhazia”.

4. In Paragraph 1 of Article 55 to change the word “Abkhazia” with the words “The Autonomous Republic of Abkhazia”.

5. In Paragraph 1 of Article 67 to change the word “Abkhazia” with the words “The Autonomous Republic of Abkhazia”.

6. In Paragraph 1 of Article 89 and in the sub-paragraph ‘a’ of the same paragraph to change the word “Abkhazia” with the words “The Autonomous Republic of Abkhazia and”.

Article 2. This law shall enter into force right after it is published.

The President of Georgia E. Shevardnadze

Tbilisi, 10 October 2002

(Archive of the Staff of the Minister of Georgia on Special Affairs)

 

 

PROTOCOL of the meeting of the Working Group Three held on 14 November 2002 in Sukhumi

Meeting of the Working Group III of the Coordinating Council of the Georgian and Abkhaz Sides was held on 14 November 2002 in Sukhumi under the aegis of the United Nations, under the chairmanship of the UNDP Resident Representative, Mr. Lance Clark, and with the participation of the UNOMIG Chief Military Observer, General Kazi Ashfaq, the Executive Secretary of the Georgian-Abkhaz Coordinating Commission,Mr.Zurab Lakerbaia and Mr. Sergey Shamba. The Georgian delegation was led by Mr. Malkhaz Kakabadze. The Abkhaz delegation was led by Mr. B. Kubrava.

The Sides have discussed the agenda and agreed upon the following:

1. Implementation of the Decisions of the meeting of the Working Group Three of 25 June 2002 held in Tbilisi.

To endorse and approve (documents attached)

2. On reinforcement of Inguri, Kodori and Bzib riverbanks and the whole of the Black Sea

coastline

With the assistance of UNDP and the Georgian-Abkhaz Coordinating Commission the Parties will draft a concept paper on the reinforcement of the Inguri and Kodori riverbanks and the whole of the Black Sea coastline

3. On preservation of unique and production of commercial types of grape saplings

The Sides will elaborate concept paper on preservation of unique and enlargement of production of commercial types of grape with the assistance of the Georgian-Abkhaz Coordinating Commission. With this the Sides will ask the UNDP for assistance in assessing the interest of possible donors to this project.

4. On restoration of cultural heritage monuments in Abkhazia with participation of the UNESCO

To invite an assessment mission for preparing the list of historical monuments that need repair and restoration. The result of the assessment will be discussed at the meeting of the Working Group Three and the relevant decisions will be made.

5. Proposal in the field of health care

In the first quarter of 2003 the Sides will organize a visit of specialists to the healthcare establishments of Abkhazia (with special emphasis on cardiology) with the assistance of the UNDP and the Georgian-Abkhaz Coordinating Commission aimed at assessing the areas of methodical and technical assistance.

6. Information on the issue of teaching in native language in the Gali district schools

At the next meeting of the Working Group Three approximately after 3 months the Sides will discuss the actions and concrete time-frame for transition to teaching in a native language at schools in the Gali district.

7. To endorse in general and to deliberate the changes to the document on further systematization the project development process of the Working Group Three.

For the Georgian Side M. Kakabadze

For the Abkhaz Side B. Kubrava

For the UN L. Clark

 

Attachment to Point 1 of the Protocol

1. Funding for the project proposal on the rehabilitation of Sportsmen Youth in the conflict zone and adjacent territories is likely to be secured and the implementation of an initial phase of the project to be started.

2. The Sides decided to prepare a concept paper on the development of City Electricity Infrastructure of Sukhumi and Zugdidi. The issue of funding remains unclear.

3. Funding for the project on publishing the “Knight in Panther’s Skin” in Abkhaz language is likely to be secured and the book to be published.

14 November 2002

(Archive of the Staff of the Minister of Georgia on Special Affairs/ in Russian)

 

 

2003

RESOLUTION 1462 (2003)UNITED NATIONS ADOPTED BY THE SECURITY COUNCIL, on

30 January 2003

The Security Council,

Recalling all its relevant resolutions, in particular resolution 1427 (2002) of 29 July 2002,

Having considered the report of the Secretary-General of 13 January 2003

(S/2003/39),

Recalling the conclusions of the Lisbon (S/1997/57, annex) and Istanbul summits of the Organization for Security and Cooperation in Europe (OSCE) regarding the situation in Abkhazia, Georgia,

Recalling the relevant principles contained in the Convention on the Safety of United Nations and Associated Personnel adopted on 9 December 1994,

Recalling its condemnation of the shooting down of a helicopter of the United Nations Observer Mission in Georgia (UNOMIG) on 8 October 2001, which resulted in the death of the nine people on board, and deploring the fact that the perpetrators of that attack have still not been identified,

Stressing that the continued lack of progress on key issues of a comprehensive settlement of the conflict in Abkhazia, Georgia, is unacceptable,

Welcoming the important contributions made by UNOMIG and the Collective Peacekeeping Forces of the Commonwealth of Independent States (CIS peacekeeping force) in stabilizing the situation in the zone of conflict, and stressing its attachment to the close cooperation existing between them in the performance of their respective mandates,

1. Wel comes the report of the Secretary-General of 13 January 2003 (S/2003/39);

2. Reaffirms the commitment of all Member States to the sovereignty, independence and territorial integrity of Georgia within its internationally recognized borders, and the necessity to define the status of Abkhazia within the State of Georgia in strict accordance with these principles;

3. Commends and strongly supports the sustained efforts of 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 promote the stabilization of the situation and the achievement of a comprehensive political settlement, which must include a settlement of the political status of Abkhazia within the State of Georgia;

4. Reiterates, in particular, its support for the document on “Basic Principles for the Distribution of Competences between Tbilisi and Sukhumi” and for its letter of transmittal, finalized by, and with the full support of, all members of the Group of Friends;

5. Regrets the lack of progress on the initiation of political status negotiations, and recalls, once again, that the purpose of these documents is to facilitate meaningful negotiations between the parties, under the leadership of the United Nations, on the status of Abkhazia within the State of Georgia, and is not an attempt to impose or dictate any specific solution to the parties;

6. Underlines further that the process of negotiation leading to a lasting political settlement acceptable to both sides will require concessions from both sides;

7. Deeply regrets, in particular, the repeated refusal of the Abkhaz side to agree to a discussion on the substance of this document, again strongly urges the Abkhaz side to receive the document and its transmittal letter, urges both parties thereafter to give them full and open consideration, and to engage in constructive negotiations on their substance, and urges those having influence with the parties to

promote this outcome;

8. Wel comes in that regard the Secretary-General’s intention to invite senior representatives of the Group of Friends to an informal brainstorming session on the way ahead;

9. Calls on the parties to spare no efforts to overcome their ongoing mutual mistrust;

10. Condemns any violations of the provisions of the Moscow Agreement of

14 May 1994 on a Ceasefire and Separation of Forces (S/1994/583, annex I);

11. Wel comes the decrease of tensions in the Kodori Valley and the intention reaffirmed by the parties to resolve the situation peacefully, recalls its strong support to the protocol signed by the two sides on 2 April 2002 regarding the situation in the Kodori Valley, calls on both sides, and in particular the Georgian

side, to continue to fully implement this protocol, and recognizes the legitimate security concerns of the civilian populations in the area, calls on the political leaders in Tbilisi and Sukhumi to observe security agreements, and calls on both sides to spare no efforts to agree on a mutually acceptable arrangement for security of the population in, and in the vicinity of, the Kodori Valley;

12. Calls on the Georgian side to continue to improve security for joint UNOMIG and CIS peacekeeping force patrols in the Kodori Valley to enable them to monitor the situation independently and regularly;

13. Strongly urges the parties to ensure the necessary revitalization of the peace process in all its major aspects, to resume their work in the Coordinating Council and its relevant mechanisms, to build on the results of the Yalta meeting on confidence-building measures in March 2001 (S/2001/242), to implement the proposals agreed on that occasion in a purposeful and cooperative manner, and to consider holding a fourth conference on confidence-building measures;

14. Stresses the urgent need for progress on the question of the refugees and internally displaced persons, calls on both sides to display a genuine commitment to make returns the focus of special attention and to undertake this task in close coordination with UNOMIG, reaffirms the unacceptability of the demographic changes resulting from the conflict, reaffirms also the inalienable right of all refugees and internally displaced persons affected by the conflict to return to their homes in secure and dignified conditions, in accordance with international law and as set out in the Quadripartite Agreement of 4 April 1994 (S/1994/397, annex II) and the Yalta Declaration, recalls that the Abkhaz side bears a particular responsibility to protect the returnees and to facilitate the return of the remaining displaced population, and requests further measures to be undertaken inter alia by the United Nations Development Programme, the Office of the United Nations High Commissioner for Refugees and the Office for the Coordination of Humanitarian

Affairs to create conditions conducive to the return of refugees and internally displaced persons, including through quick-impact projects, to develop their skills and to increase their self-reliance, with full respect for their inalienable right to return to their homes in secure and dignified conditions;

15. Urges once again the parties to implement the recommendations of the joint assessment mission to the Gali district, carried out under the aegis of the United Nations, welcomes the recent visit of a United Nations police assessment team to Gali and Zugdidi sectors, looks forward to its recommendations, and calls in particular on the Abkhaz side to improve law enforcement involving the local population and to address the lack of instruction in their mother tongue for the ethnic Georgian population;

16. Calls on both parties publicly to dissociate themselves from militant rhetoric and demonstrations of support for military options and for the activities of illegal armed groups, and encourages the Georgian side in particular to continue its efforts to put an end to the activities of illegal armed groups;

17. Wel comes the additional safeguards for helicopter flights instituted in response to the shooting down of a UNOMIG helicopter on 8 October 2001, calls, once again, on the parties to take all necessary steps to identify those responsible for the incident, to bring them to justice, and to inform the Special Representative on the implementation of these steps;

18. Underlines that it is the primary responsibility of both sides to provide appropriate security and to ensure the freedom of movement of UNOMIG, the CIS peacekeeping force and other international personnel;

19. Wel comes constant review by UNOMIG of its security arrangements in order to ensure the highest possible level of security for its staff;

20. Decides to extend the mandate of UNOMIG for a new period terminating on 31 July 2003, and to further review that mandate unless a decision on the presence of the CIS peacekeeping force is taken by 15 February 2003;

21. Requests the Secretary-General to continue to keep the Council regularly informed and to report three months from the date of the adoption of this resolution on the situation in Abkhazia, Georgia;

22. Decides to remain actively seized of the matter.

(www.un.org/docs)

 

 

THE STATEMENT OF THE PARLIAMENT OF GEORGIA

The Parliament of Georgia is deeply concerned at the latest facts that have taken place regarding Abkhazia, Georgia, and notes that during the last 10 years the progress has not been achieved in the solution of the problem of Abkhazia. The separatist government again refuses to have political dialogue and even to familiarize itself with so called Boden's document "On The Separation of Competencies Between Tbilisi and Sukhumi." It does not provide for the secure and in dignity return of refugees and tries to maintain and legalize the demographic situation that was artificially changed as a result of the ethnic cleansing and genocide.

The actions of Russia (which is also the mediator between the conflicting parties), against such background give rise to special concern. Georgia perceives such actions as the support to aggressive separatism.

The establishment by the Russian Federation, without preliminary agreement of Georgia and against its will, of the visa-free regime on Abkhazian and so called South Ossetian stretches of Georgian-Russian state border, granting of Russian citizenship to citizens of Georgia, residing in Abkhazia, restoration of the movement on Sochi-Sukhumi railway, the attempt to open up the communication space of Abkhazia, the illegal privatization of real property, located in Abkhazia by Russian legal entities and citizens, frequent meetings of Russian high officials with the representatives of the separatist regime of Abkhzia, demonstrating the full disdain to the Government of Georgia, is perceived as an attempt of factual annexation of the inseparable part of Georgia.

The Parliament of Georgia considers that the above mentioned actions are the rude interference into the domestic affairs of Georgia, the infringement of the sovereignty and territorial integrity of our country and full disdain of Georgia's, as an independent state's will, violating the norms of international law, bilateral agreements and several agreements, signed in the framework of the CIS. The mentioned problems bear the extremely negative impact on Russian-Georgian relations and in case, they are not solved, exclude the possibility of good neighborly and mutually beneficial relations between the two countries.

Taking into consideration that in accordance with the statements of Russian officials, they had not been informed about the above-mentioned activities, the Georgian side expects that after the visit of the Georgian parliamentary delegation to Russia and the meeting of the President of Georgia and the President of the Russian Federation in the Ukraine, the Russian side will make constructive steps for the settlement of the existing problems.

The Parliament of Georgia once more declares its readiness to solve the mentioned issues by means of bilateral Russian-Georgian negotiations and applies to the Official Authorities of the Russian Federation, in compliance with the agreements, achieved during the Moscow meetings, to create the ad-hoc group that will at the initial stage work out the ways of prevention of granting Russian citizenship to the citizens of Georgia, residing in Abkhazia, as well as prevention of the railway movement.

In case, if the mentioned issues are not settled in the nearest future at the bilateral level, Georgia will have to consider this and the other above mentioned issues as the position of the Russian Federation and it will have to apply to the international community, the UN, the OSCE, the European Union, the Council of Europe and the friend countries, for the support and adequate response.

The Parliament of Georgia urges the executive power of Georgia:

To demand from the Russian side, to prevent without delay illegal mass granting of Russian citizenship to the citizens of Georgia, residing in Abkhazia and so called South Ossetia and the railway movement between Sochi and Sukhumi;

To demand from Russia, as a mediator between the conflicting parties, implementation of the effective means, so that the Abkhazian side starts the political dialogue for the peaceful settlement of the conflict. If it is not the case, the Government of Georgia should apply to the United Nations Organization with the request for the alteration of the mandate and inaction of the provisions, envisaged in the chapter 7 of the UN Charter;

In case the CIS Peace-Keeping Forces withdraw from the region, the relevant bodies should undertake all the necessary measures to avoid the hostilities and to maintain stability in this zone;

To implement specific measures for the reinforcement of the defensive capacities that is necessary for the country;

In accordance with the norms, envisaged by the legislation of Georgia, to submit to the Parliament in a week's term, the plan for the settlement of the existing crisis-ridden situation. The Parliament of Georgia expresses its readiness to participate in the elaboration and implementation of the mentioned plan.

30 January 2003, Tbilisi

(Archive of the Parliament of Georgia/in Georgian)

 

Informal Translation)

PROTOCOL # 26 OF THE SESSION OF THE JOINT CONTROL COMMISSION FOR THE SETTLEMENT OF GEORGIAN-OSSETIAN CONFLICT

9-10 February 2003 , Tskhinvali

Agenda:

1. On the activities of the Joint Peacekeeping Forces and the interaction of the Sides’ Law Enforcement Bodies in the zone of Georgian-Ossetian Conflict.

2. The information of the European Commission (EC) about the plans of the EC for the year 2003 on the implementation of rehabilitation projects in the zone of Georgian-Ossetian conflict.

3. On the implementation of recommendations of the VIII Meeting of the Sides’ Plenipotentiary Delegations Expert Groups for the Settlement of Georgian-Ossetian Conflict.

4. On some organizational issues of the negotiation process for the settlement of Georgian-Ossetian conflict and their financial provision.

5. Miscellaneous.

Adopted:

1. On the activities of the Joint Peacekeeping Forces and the interaction of the Sides’ Law Enforcement Bodies in the zone of Georgian-Ossetian Conflict

(Chochiev, Nabzdorov, Friev, Kebadze, Machavariani, Mayorov, Kusov, Lacombe)

1.1. To take into consideration the report of the acting JPKF Commander in the zone of Georgian-Ossetian conflict (Attachment 1).

1.2. To adopt the decision on the activities of the Joint Peacekeeping Forces and the interaction of the Sides’ Law Enforcement Bodies in the zone of Georgian-Ossetian conflict (Attachment 2).

2. The Information of the European Commission (EC) about the plans of the EC for the year 2003 on the implementation of rehabilitation projects in the zone of Georgian-Ossetian conflict

(Chochiev, Machavariani, Kusov, Mayorov, Vantomme, K. Kochiev, Tedeev)

2.1. To adopt the decision on the information of the EC Delegation about the plans of the EC on the implementation of projects in the zone of Georgian-Ossetian conflict for the year 2003 (Attachment 3).

3. On the implementation of recommendations of the VIII Meeting of the Sides’ Plenipotentiary Delegations Expert Groups for the Settlement of Georgian-Ossetian conflict

(Chochiev, Machavariani, Kusov, Mayorov, K.Kochiev)

3.1. To adopt the decision on the implementation of recommendations of the VIII Meeting of the Sides’ Plenipotentiary Delegations Expert Groups for the Settlement of Georgian-Ossetian Conflict (Attachment 4).

4. On some organizational issues of the negotiation process for the settlement of Georgian-Ossetian conflict and their financial provision.

(Chochiev, Machavariani, Lacombe, Kusov, Mayorov)

4.1. To adopt the decision on some organizational issues of the negotiation process for the settlement of Georgian-Ossetian conflict and their financial provision (Attachment 5).

5. Miscellaneous

(Chochiev, Machavariani, Kusov, Mayorov, Bertran, Vantomme)

5.1. To establish a working group consisting of the sides’ representatives, the OSCE Mission to Georgia, the UNHCR, EC Delegation to Georgia for the elaboration of a draft provisions on the JCC information bulletin and charge the group with submitting this draft by 1 April to the JCC Co-chairmen for approval along the way.

5.2. The participants of the session took into account the information of the Head of the UNHCR to Georgia K. Bertran (enclosed).

The Chair of the Session,Head of JCC South Ossetian Part B. Chochiev

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/ in Russian)

 

 

Informal Translation

Attachment 2 To the Protocol #26 of the JCC Of 9-10 February 2003

DECISION OF THE JOINT CONTROL COMMISSION FOR THE SETTLEMENT OF GEORGIAN-OSSETIAN CONFLICT On the Activities of the Joint Peacekeeping Forces and the Interaction between the Sides’ Law Enforcement Bodies in the Zone of Georgian-Ossetian Conflict

10 February 2003, Tskhinvali

Having heard and discussed the report of the acting JPKF Commander in the zone of Georgian-Ossetian conflict Major-General S. Nabzdorov, the co-reports of the Sides’ Senior Military Representatives Col. K. Friev and Col. M. Kebadze, the Joint Control Commission (JCC) notes that the peacekeeping forces remain the most important guarantor of peace and order in the zone of Georgian-Ossetian conflict.

A certain work on arranging the interaction between the law enforcement bodies of the sides within the frames of the SCC is being carried out. Joint measures on ensuring legal defense and personal security of citizens in the zone of conflict were undertaken.

Meanwhile, the situation in the zone of Georgian-Ossetian conflict remains complicated and demands improvement of the mechanism for interaction between the law enforcement bodies.

The Joint Control Commission resolved:

1. To take into account the report of the JPKF acting Commander in the zone of Georgian-Ossetian conflict Maj. Gen. S. Nabzdorov.

2. For the JPKF acting Commander in the zone of Georgian-Ossetian conflict to act in compliance with the Provisions on basic principles for military contingents’ activities and groups of military representatives, aimed at normalization in the zone of Georgian-Ossetian conflict.

3. For the JCC working group for military issues and interaction between the law enforcement bodies to submit within a month proposals on the improvement of the SCC activities, including the OSCE suggestions taken into account.

4. For the SCC Co-Chairmen to elaborate within a month joint measures on combating organized crime, paying special attention to crimes related to vehicle hijackings, their illegal certification and selling. To undertake measures for timely return of the hijacked vehicles to their owners.

5. To continue the practice on submitting criminals together with investigation materials for a follow-up instituting them to criminal proceedings by corresponding sides.

6. In order to fulfill the recommendations of the VIII Meeting of Plenipotentiary Delegations Expert Groups within the frames of the negotiation process for the full-scale settlement of Georgia-Ossetian conflict (Lisbon, 2002), to suggest the leadership of the law enforcement bodies of Georgia considering within a month the question about the expediency of block-posts functioning in the area of Tkviavi and Artsevi in the zone of Georgian-Ossetian conflict.

7. For the leadership of the sides’ law enforcement bodies to study within a month the expediency of the bilateral law enforcement post located in the village of Kekhvi and submit consented proposals to the JCC CO-chairmen.

8. For the Joint Command of the JPKF to strengthen the control over the activities of trilateral observers in the area of Kekhvi.

9. For the Joint Command together with the sides’ law enforcement bodies to elaborate within two months Provisions on the terms of carrying service and combat weapons in the zone of Georgian-Ossetian conflict and the form of permits for carrying them, and submit to the JCC Co-chairmen for approval.

10. For the sides together with the Joint Command of the JPKF to elaborate within a month draft Provisions on terms of holding working meetings of the sides’ representatives on Thursdays, and submit to the JCC Co-chairmen for approval.

11. To support the intention of the head of the law enforcement bodies of Georgian and South Ossetian sides to hold a meeting with the aim of elaborating measures on strengthening interaction.

For South Ossetian Side

For Georgian Side

For North Ossetian Side

For Russian Side

In the presence of the OSCE

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/ in Russian)

 

 

Informal Translation

Attachment 3 To the Protocol # 26 of the JCC Of 9-10 February 2003

DECISION OF THE JOINT CONTROL COMMISSION FOR THE SETTLEMENT OF GEORGIAN-OSSETIAN CONFLICT On the information of the EC Delegation to Georgia about the EC plans for the year 2003 on implementation of rehabilitation projects in the zone of Georgian-Ossetian conflict

10 February 2003, Tskhinvali

Having heard the information of the Deputy Head of the EC Delegation to Georgia J. Vantomme,

The Joint Control Commission resolved:

1. To take into account the EC information (enclosed).

2. For the South Ossetian and Georgian sides within 10 days to hold consultations with the EC for elaboration of a consented document on the projects for social and economic rehabilitation in the zone of conflict on the expense of funding allocated by the EC within the budget for the year 1999.

3. Within the same timeframes, to agree upon the measures on continuing the projects on rehabilitation of the railway connection Gori-Tskhinvali and power supply within the agreement between “Vardnili GES” and “YUGOSETENERGO”.

For The South Ossetian Side

For The Georgian Side

For The North Ossetian Side

For The Russian Side

In the presence of the OSCE

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/ in Russian)

 

 

Informal Translation

Attachment 4 To the Protocol # 26 of the JCC Of 9-10 February 2003

DECISION OF THE JOINT CONTROL COMMISSION FOR THE SETTLEMENT OF GEORGIAN-OSSETIAN CONFLICT On the implementation of recommendations of the VIII Meeting of the Sides’ Plenipotentiary Delegations Expert Groups within the frames of the negotiation process for the full-scale settlement of Georgian-Ossetian conflict

10 February 2003, Tskhinvali

The VIII Meeting of the Sides’ Plenipotentiary Delegations Expert Groups on the full-scale settlement of Georgian-Ossetian conflict played a major role in the stabilization of the situation in the zone of Georgian-Ossetian conflict, which was characterized as tense. At the Joint Control Commission sessions taking place before the Expert Group Meeting held in Lisbon, one had to repeatedly consider various situations, which demanded rapid reaction, a search for ways on confidence building and establishing cooperation between the sides was ongoing.

Upon the results of the VIII Expert Group Meeting concrete recommendations were elaborated, aimed at strengthening confidence measures, guarantee of security between the sides. However, their practical implementation is proceeding slowly.

The Joint Control Commission for the settlement of Georgian-Ossetian conflict, having considered and discussed the process of implementation of the recommendations of the VIII Expert Group Meeting on the full-scale settlement of Georgian-Ossetian conflict, resolved:

1. To take into account the information about the process of implementation of the recommendations of the VIII Expert group Meeting.

2. To note that to a certain extent, these recommendations started to be implemented.

3. To address the Russian, North Ossetian sides and the OSCE with a request to facilitate the implementation of the recommendations of the VIII Expert Group Meeting.

For the South Ossetian side

For the Georgian side

In the presence

For The Osce Mission to Georgia

For The European Commission

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/ in Russian)

 

 

Informal Translation

Attachment 5 To the Protocol #26 of the JCC Of 9-10 February 2003

DECISION OF THE JOINT CONTROL COMMISSION FOR THE SETTLEMENT OF GEORGIAN-OSSETIAN CONFLICT On some organizational issues of the negotiation process on the settlement of Georgian-Ossetian conflict and their financial provision

10 February 2003, Tskhinvali

In accordance with the JCC Decision of 25 October 2001 (Attachment 1 to the Protocol #19)

The Joint Control Commission resolved:

1. To adopt the following approximate schedule for the JCC activities for the year 2003. To consider it expedient to hold within the mentioned period not less than:

- Four JCC sessions, hosted by the sides in the following turn: South Ossetian, Georgian, Russian, North Ossetian;

- Four meeting of the Working Group on Economic Issues;

- Three meetings of the ad hoc Committee on voluntary refugee and IDP return;

as well as meeting of other working bodies of the JCC, when appropriate.

2. To recommend the sides to hold in the year 2003, not less than two meetings of Expert Groups for the full-scale settlement of Georgian-Ossetian conflict;

3. To consider it expedient to preserve similar periodicity of the JCC sessions and Expert Groups for the year 2004 as well;

4. Taking into consideration the positive results achieved within the project on providing support for the JCC Georgian and South Ossetian parts and Expert Groups of the Georgian and South Ossetian sides, the term of which expires on 30 June 2003, the JCC Georgian and South Ossetian parts addressed the European Union with a request to prolong the funding of the mentioned project.

For The South Ossetian Side

For The Georgian Side

For The North Ossetian Side

For The Russian Side

In the presence

For The OSCE

For The European Commission

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/ in Russian)

 

 

CONCLUDING STATEMENT on the meetings between Mr. Vladimir Putin-President of the Russian Federation and Mr. Eduard Shevardnadze-President of Georgia

On 6-7 March 2003, working meetings between Mr. Vladimir Putin-President of the Russian Federation and Mr. Eduard Shevardnadze-President of Georgia took place in Sochi. An Abkhaz delegation under the leadership of Mr. G. Gagulia participated during the discussions of a number of issues.

During the negotiations, the presidents of two countries addressed the issues of future development of bilateral relations, comprehensive settlement of the conflict in Abkhazia, Georgia, as well as topical issues of international and regional dimensions, which are of interest for both countries.

It was underlined that completion of the work on draft of the framework treaty on friendly relations between Georgia and the Russian Federation was a matter of vital importance.

During the meetings, the importance of concrete steps to be taken aimed at the solution of the most burning problem- dignified and safely return of refugees and internally displaced persons to their homes and economic rehabilitation of the conflict zone, had been emphasized. In this context, it was deemed appropriate that all the efforts should be devoted to the following principal priorities - return of refugees and internally displaced persons, first of all to the Gali region, opening of direct Sochi-Tbilisi railway line, modernization of cascades of "Enguri" Power station and in case of need attraction of foreign capital. At the same time, it was taken into account, that restoration of Sochi-Tbilisi direct railway line shall be carried out simultaneously with return of refugees and internally displaced persons to their homes, first of all to the Gali region.

In case if agreement between the Parties is reached, working groups or commissions will be created for the realization of the aforementioned objectives. These provisions are based on the decisions and recommendations made by the international community previously.

Presidents of the Russian Federation and Georgia positively evaluated those efforts directed at peaceful, political settlement of the conflict in Abkhazia, Georgia and underlined the positive role played by the UN and the Security Council in this regard. The Presidents expressed their hopes that implementation of economic projects would be conducive to strengthening the mutual trust between the Georgian and Abkhaz sides, stabilization of the situation and resumption of negotiation process aimed at comprehensive settlement of the conflict.

The issue of CIS collective peace-keeping forces had been addressed separately: It was decided, that the mandate of CIS collective peace-keeping force would be prolonged until 30 July 2003. The Presidents agreed, that from now on, these forces will remain located in the conflict zone, until one of the Parties demands termination of the peace-keeping operation.

Presidents of the Russian Federation and Georgia confirmed their readiness to make sure that border guard services of both countries would cooperate more closely and effectively.

The Presidents declared their readiness to continue and strengthen efforts aiming at further promotion of good-neighborly relations between Russia and Georgia based on the principles of friendship and mutually beneficial partnership.

(Newspaper “Svobodnaya Gruzia”, # 60, 12 March 2003/ in Russian)

 

 

THE PRINCIPLES FOR DIVISION OF COMPETENCES BETWEEN TBILISI AND SUKHUMI (Boden Document/project)

1. Georgia is a sovereign state based on the legal norms. The borders of Georgia, approved on 21 December 1991 may not be the subject of alteration unless it complies with the Constitution of Georgia.

2. Abkhazia is a sovereign entity, based on the legal norms, established within the Georgian state. Abkhazia has a special status within the state, which is based on the federal agreement and determines the common competences thereby constituting the guarantees of rights and interests of the multinational population of Abkhazia.

3. Distribution of competences between Tbilisi and Sukhumi is based on the Federal Agreement – Constitutional law; Abkhazia and Georgia observe the provisions of the Federal Agreement. Federal Agreement shall not be subject to changes and amendments without mutual consent of both sides.

4. Distribution of competences between Tbilisi and Sukhumi will be determined, among others, on the basis of Declaration of Measures on political settlement of the Georgian-Abkhaz conflict of 4 April 1994. The rights and competences of Abkhazia will be recognized within a broader scope than it was in 1992.

5. The Constitution of Georgia shall be changed in accordance of distribution of competences determined in the Federal Agreement; to this end it will be possible to use the Declaration of Measures on political settlement of the Georgian-Abkhaz conflict of 4 April 1994, namely its paragraph 7 concerning the ‘right to joint measures’.

6. The Constitution of Abkhazia, on the base of which it’s possible to lay the Constitution of Abkhazia of 26 November 1994, should be changed in accordance with the agreement on distribution of competences between Tbilisi and Sukhumi, as it is determined in Federal Agreement.

7. Both, the Constitution of Georgia, as well as the Constitution of Abkhazia should consist of similar provisions with regard of protection of fundamental rights and freedoms of everyone, eliminating discrimination against the rights of national minorities. Both, in the Constitution of Georgia, as well as in the Constitution of Abkhazia nothing shall violate indisputable rights to save return to their homes for all displaced people in conformity to the International Law.

8. The Georgian state and Abkhazia should agree the composition and activity of the Constitutional Court, which shall be guided by the Constitution of Georgia, the Constitution of Abkhazia and the Federal Agreement ‘on Basic principles of Division of Competences between Tbilisi and Sukhumi’.

(Abkhaz Issue in Official Documents, Legislative and Executive organs of Georgia, International

Organizations, 1989-1999, part III, 2000-2004; authors: Vakhtang Kholbaia, Teimuraz Chakhrakia,

Rafiel Gelantia, David Latsuzbaia, Tb., 2004, p. 226-227/in Russian)

 

 

DECISION OF THE COUNCIL OF THE CIS HEADS OF STATES on the presence of Collective Peace Keeping Forces in the Conflict zone of Abkhazia, Georgia

(…)

The Council of the Heads of States of the Commonwealth of Independent States decided:

1. To extend the term of presence and the mandate of the Collective Peace Keeping Forces in the conflict zone of Abkhazia, Georgia until 30 June 2002 or until one of the sides of the conflict will request the termination of the operation.

2. To approve the Mandate of the CIS PKF in the conflict zone of Abkhazia, Georgia from 1 January 2002 until this Decision comes into force.

3. The Ministry of Foreign Affairs of Georgian the Ministry of Foreign Affairs of the Russian Federation, with participation of the Headquarters on coordinating the military cooperation of the CIS member-states and in participation of the interim Operative Working Group of the CIS on regulating the conflict in Abkhazia, Georgia, and in cooperation with the Special Envoy of the UN Secretary General in Georgia Mr. D. Boden shall consider the following issues:

- on enlargement the security zone in Abkhazia, Georgia, in particular, through inclusion in to the security zone the Gali District (within the old boundaries), putting the limitation line along the river Mokvi;

- on elaboration of additional security measures for return of refugees and IDPs to their dwellings;

- on elaborating the plan of re-dislocation of the CPKF, introducing the relevant changes and additions to the Mandate of the CPKF and other measures related to the enlargement of the security zone.

The information on conclusions and proposals shall be submitted to the next meeting of the Council of Ministers of Foreign Affairs of the CIS.

4. With account of conclusions of the Council of Ministers of Foreign Affairs of the CIS, the proposals shall be submitted to the Council of Heads of States of the CIS on extension or termination of operation of the CIS in the conflict zone of Abkhazia, Georgia.

5. To inform the Security Council of the UN on the given Decision of the Council of Heads of States of the CIS.

Done in Russian language according to the rule 6 of the Procedures of the Council of heads of States of the CIS. The original is kept at the Executive Committee of the CIS, which is to send the approved copies to each of the member states.

For the Republic of Azerbaijan For the Republic of Kazakhstan

A. Aliev 22 March 2002 N. Nazarbaev 1 February 2002

For the Republic of Armenia For the Republic of Kirgizstan

R. Kocharian 20 February 2002 A. Akaev 11 February 2002

For the Republic of Belarus For the Republic of Moldova

A. Lukasheno 1 March 2002 V. Voronin 15 February 2002

For Georgia For the Russian Federation

Shevardnadze 1 March 2002 V. Putin 8 February 2002

For the Republic of Uzbekistan For the Republic of Tajikistan

I. Karimov 22 March 2002 E. Rakhmanov 1 March 2002

For Ukraine For Turkmenistan

(Abkhaz Issue in Official Documents, Legislative and Executive organs of Georgia, International Organizations, 2000-2003, part III, authors: Vakhtang Kholbaia, Teimuraz Chakhrakia, Rafiel Gelantia, David Latsuzbaia, Tb., 2004, p. 244-245/ in Russian)

 

 

PROTOCOL # 27 MEETINGS OF COCHAIRMEN OF THE JCC FOR GEORGIAN-OSSETIAN CONFLICT SETTLEMENT

May 14-16, 2003, Gori

Chaired by: Irakli Machavariani – Personal Representative of President of Georgia on Political Problems of National safety and Conflict Settlement, Head of the georgian part of the JCC

Agenda

1. On actions to be taken for realization of the agreement between the governments of russian federation and georgia on mutual cooperation and rehabilitation of economy in the zone of the georgian-ossetian conflict and return of refuges dated december 23, 2000.

2 on the implementation of the rehabilitation program of the european commissio

3. On activities of the jpkf and law enforcement organs of the parties in the zone of the georgian-ossetian conflict.

4. On the bulletin of the JCC.

5. Miscellaneous.

Resolved:

1. On actions to be taken for realization of the agreement between the governments of russian federation and georgia on mutual cooperation and rehabilitation of economy in the zone of the georgian-ossetian conflict and return of refuges dated december 23, 2000.

(Machavariani, Kusov, Chochiev, Mayorov, Medzmariashvili, Kochiev, Tibilov, Ganchev, Dabro)

1.1. Approve the decision on actions to be taken for realization of the agreement between the governments of russian federation and georgia on mutual cooperation and rehabilitation of economy in the zone of the georgian-ossetian conflict and return of refuges dated december 23, 2000 (annex 1).

2. On realization of the rehabilitation program of the european commission.

(machavariani, kusov, chochiev, mayorov, medzmariashvili, kochiev, tibilov, ganchev, dabro)

2.1. Approve the decision on realization of the rehabilitation program of the european commission (annex 2)

3. On activities of the jpkf and law enforcement organs of the parties in the zone of the georgian-ossetian conflict.

(Machavariani, Kusov, Chochiev, Mayorov, Yevnevich, Kublashviili, Bedianishvili, Kochiev, Tibilov. Tskhovrebov, Rostovtsev)

3.1. Approve the decision on activities of the jpkf and law enforcement organs of the parties in the zone of the georgian-ossetian conflict (annex 3).

4. On the bulletin of the JCC.

(Machavariani, Kusov, Chochiev, Mayorov)

4.1. The parties exchanged proposals and opinions on the issuance of the information bulletin of the jcc. The parties agreed to hold a meeting of the workgroup established on the basis of the decision of the jcc on february 9, 2003, for the purpose of developing the draft provisions on the information bulletin of the jcc. The stated draft and respective draft decision should be presented to the jcc for approval on the 28th session in moscow. The date and venue of the meeting of the workgroup shall be defined along the work.

5. Miscellaneous

(Machavariani, Kusov, Chochiev, Mayorov)

5.1. Next session of the jcc shall be held on june 22-25, 2003 in moscow. At the stated session, the issue on development and realization of the inter-state program on return of refugees considered under the agreement between russia and georgia dated december 23, 2000 shall be reviewed.

5.2. express deep satisfaction to the georgian party, especially to the administration of the region of shida kartli, for their hospitality and creation of favorable conditions for holding the 27th session of the jcc.

I. Machavariani, Chairman of the session, Head of the georgian part of the jcc

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

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)

PROTOCOL OF THE MEETING OF REPRESENTATIVES OF THE PARTIES on the Implementation of the Agreement on Principles of Settlement of the Georgian-Ossetian Conflict
Striving for immediate cessation of bloodshed and achieving comprehensive settlement of the conflict between Ossetians and Georgians, being guided by the desire to restore peace and stability in the region, and pursuant to the Agreement signed on 24 June 1992 in the town of Sochi and the Minutes signed on 3 July 1992 in the town of Tskhinvali, the Parties composed of the following representatives:
S. K. Shoigu, F. N. Kovalev, A. N. Kulikov, S. A. Mikhailov, A. E. Safonov, I. L.Vorobyev, G. B. Filatov, A. Kh.Galazov, S. V. Khetagurov, I. G. Biragova, S. N. Suanova, I. L. Bzaev, G. M. Kantemirov.
T. K. Kitovani, A. I. Kavsadze, R. L. Gventsadze, G. V. Pipia,
T. G. Kulumbegov, V. N. Khubulov, S. I. Kochiev, P. G. Gazaev, L. K.Tibilov, A. N. Kabisov, O. D. Teziev
held the meeting on 4 July 1992 in the town of Vladikavkaz.
As a result of the meeting the Parties decided:
1. To set up a Mixed Control Commission (MCC) composed of the following officials: S. K. Shoigu, G.  V. Filatov, S. V. Khetagurov, S. N. Suanova, O. D. Teziev, P. G. Gazaev, T. K. Kitovani, P. Georgadze, N. Lomouri, E. Sabanadze, G. Tushurashvili.
2. To entrust T.Kitovani, S.Shouigu and S.Khetagurov with the responsibilities of co-Chairmanship of the Mixed Control Commission (MCC).
3. To entrust the Mixed Control Commission with implementing of the following functions:
a) To exercise control over the implementation of cease-fire, withdrawal of armed formations, disband of forces of self-defense and to maintain the regime of security in the conflict zone;
b) To define together with the commanders of opposing armed groups the pattern of separation of forces and cease-fire regime;
c) To create mixed armed groups- accountable immediately before the leadership of MCC- aimed at securing peace and maintaining order in the region;
d) To elaborate strategy and tactics in terms of application of mixed forces;
e) To set up a special multilateral press-center;
f) To initiate investigation of potential violations of the Sochi agreement and take all necessary measures for non-admission of such violations;
4. Representatives of the Parties shall entrust the Mixed Control Commission with a task of promoting the process of restoration of management organs responsible for social and economic issues, return and well-being of refugees, as well as organs of law enforcing structures.
5. The MCC shall submit balanced report about its activities to the government of the Parties involved.
6. The Mixed Control Commission shall start carrying out its functions immediately upon signing of this Minutes.
7. To restore the organizational and activities of local law enforcing bodies that shall be accountable to the MCC.
S. K. Shoigu, T. Kitovani, A. Kh. Galazov, T. G. Kulumbegov
4 July 1992
(Archive of the Ministry of Foreign Affairs of Georgia)


PROTOCOL #1 OF THE SESSION OF THE JOINT CONTROL COMMISSION (JCC)
July 4, 1992,Vladikavkaz
Within the framework of the Agreement on the principles of settlement of the Georgian-Ossetian conflict signed on July 24, 1992 in Sochi, as well as in accordance with the Protocol of the meeting of the parties dated July 3 and July 4, 1992 in Tskhinvali and Vladikavkaz, respectively, the joint commission in the composition of:
T. Kitovani, S. Shoygu, S. Khetagurov, P. Gazzaev, S. Suanov, O. Teziev and G. Filatov reviewed the following issues:
1. On formation of the joint forces for establishment of peace and keeping law and order (LOKF) in the zone of conflict under the JCC.
2. On the establishment of a joint group of observers.
3. On the establishment of a press-center under the JCC.
As a result of discussions, the following decisions were made:
On the first issue:
a) agree with the proposal of S. Shoygu, T. Kitovani and S. Khetagurov about appointment of command of the LOKF, its composition and term of formation (Decision #1);
b) Assign the command to form the LOKF and ensure entry of the LOKF no later than July 10, 1992.
On the second issue:
Agree with the proposal of the workgroup headed by S. Mikhaylov (Decision #2).
The joint group of observers shall start working simultaneously with the entry of the LOKF.
On the third issue:
Agree with the proposal on establishment and organization of the press-center (Decision #3).
T. Kitovani, S. Shoygu, S. Khetagurov.
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)


DECISION #1 OF THE SESSION OF JOINT CONTROL COMMISSION (JCC)
July 4, 1992,Vladikavkaz
1. For the purpose of ensuring command of the joint force to establish peace and support law and order, appoint the following chief military commanders in the staff:
Lieutenant General –Gennady Filatov;
Lieutenant General – Panteleimon Giorgadze;
Major General – Stanislav Suanov.
2. The joint forces shall be formed in the amount of 1,500 persons and 900 persons in reserve:
500 persons from Republic Georgia and 300 persons – reserve;
500 persons from the Russian Federation (parachute landing regiment and 300 persons – reserve);500 persons from Ossetian side and 300 – reserve.
Inspection of thee joint forces shall take place on July 12, 1992.
3. Assign chief military commanders to establish, within the period of two days, the head quarters of joint forces and define its composition and equipping.
4. The parties shall be obligated to substitute the commanders of their subdivisions on at the request of the unified command of the joint forces in the zone of conflict.
5. All issues related to the procurement shall be revised under the separate protocol after their submission by the joint command.
6. All issues about conducting investigation regarding violations of the Agreement set in accordance with the Agreement of the structures, and sanctions against the party in fault shall be resolved under the separate protocol.
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)


DECISION # 2 OF THE SESSION OF JOINT CONTROL COMMISSION (JCC) on Establishment of Joint Group of Observers
July 4, 1992, Vladikavkaz
Appoint as chiefs in the group of observers the following representatives of the parties:
R. Tushurashvili – Major General;
Bolotaev – Colonel;
R. Kochiev – Colonel;
A. Ramonov – Lieutenant Colonel.
2. The following shall be provided at the disposal of the joint group of observers: two helicopters – МI-8б, three armored personnel carriers and three UAZ-464, as well as all necessary property and arms.
3. The joint group of mobservers shall work on the instructions of the JCC.
4. The JCC, when forming the post of observation, shall guarantee representation of all parties.
5. Helicopters and property shall be provided by the Russian party, a armored personnel carrier and UAZ-464 – by Georgian party.
6. The list of observers shall be presented to the JCC on July 8, 1992.
7. Provision on activities of the groups of observers shall be developed together with chiefs in the groups and submitted to the JCC for approval on July 8, 1992.
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)


DECISION # 3 OF THE SESSION OF THE JOINT CONTROL COMMISSION (JCC) on Establishment of Multilateral Press Centers
July 4, 1992, Vladikavkaz
According to the protocol of the working meeting of representatives of the parties on implementation of the Agreement on the principles of settlement of the Georgian-Ossetian conflict (July 3, 1992, Tskhinvali), approve multilateral press-center in the following composition:
1. V. Alborov;
2. G. Bakradze;
3. V. Gutnov;
4. S. Kochiev;
5. A. Kurochkin;
6. I. Shaov;
7. M. Shentsov.
The press center shall provide objective and weighted coverage of the process of the conflict settlement in the mass media of not only of concerned parties but also abroad.
The sources of information of the press center shall be official documents and information of the JCC, as well as groups of observers and other organs of this commission. The group of the press center shall be authorized to visit the spots together with the subdivisions of peacemaking forces.
The press center shall be responsible for explaining to the population of the zone of conflict the conditions and mechanisms for realization of decisions of the JCC and its organs in the mass media as well as for accreditation of representatives of mass media.
On the basis of a decision of the JCC, the press center shall prepare and provide operative and efficient distribution of addresses, leaflets and statements to the populations of the regions under state of emergency in the zone of conflict.
If needed, the press center of the JCC shall organize and conduct briefings for representatives of native and foreign mass media.
The parties, by mutual agreement, shall provide the press center with the means of communication, organizational techniques and transport facilities to support the work of the multilateral press center.
T. Kitovani, S. Shoygu, S. Khetagurov.
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)


PROTOCOL #2 OF THE MEETING OF JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT
July 6, 1992, Tbilisi
In the process of developing the provisions of the Agreement on the principles of settlement of the Georgian-Ossetian conflict signed on June 24, 1992 in Sochi, and pursuant to the Protocol of the meeting of the parties on July 3, 1992 – in Tskhinvali and July 4, 1992 – in Vladikavkaz, the JCC consisting of T. Kitovani, S. Shoygu, S. Khetagurov, P. Giorgadze, F. Kovalev, S. Suanov, O. Dzantiev and G. Filatov, reviewed the following issues at the meeting:
1. Establishment of the headquarters (staff), on the procedure of mutual cooperation between the commanders of subdivisions of the JPKF, and keeping law and order in the zone of conflict, on the duration of stay of the JPKF, on official salaries and insurance funds.
2. Establishment of a group of experts for the purpose of working out decisions and conducting negotiations on economic rehabilitation of regions located in the zone of conflict, and return of refugees.
3. Carrying out, within the framework of the JCC, meetings with the command of opposing armed groupings and representatives of the population of Georgian and South Ossetian parties.
4. The procedure of making decisions on reviewing the Sochi Agreement.
5. Composition, venue and date of meetings of the group of observers.
6. The venue and date of the meeting of the heads of multi-lateral press-center.
7. The structure, quantity of working organs of the JCC and the procedure of financing thereof.
8. The address to the Georgian and Ossetian peoples.
9. Organizational and technical issues.
As a result of discussions the following decisions were made:
On the first issue:
Approve the proposal of G. Filatov regarding establishment of the headquarters (staff), procurement subdivisions (see Annexes 1 and 2 to the Protocol #2 of the session of the JCC), on the procedure of mutual cooperation between the Commanders of the JPKF and keeping law and order in the zone of conflict (Annex 3), and approve the official salaries of joint forces and insurance funds (Annex 4).
Duration of stay of joint forces shall be defined by heads of states who signed the Sochi Agreement. the JCC presents its proposals regarding this issue to the heads of states.
On the second issue:
Assign S. Khetagurov, V. Savin, O. Vardzelashvili and O. Teziev, on July 5, 1992, to start developing programs for the supreme executive organs of relevant parties on economic rehabilitation of regions and return of refugees.
On the third issue:
the JCC shall arrange meeting with the command of opposing armed groupings and deputies of Georgian and Ossetia parties on July 12-13 of 1992.
On the fourth issue:
Investigation of the facts of violation of the Sochi Agreement is done by the JCC, and its decisions are discussed by heads of the states.
The same procedure of investigation is used with regard to possible violations of the Sochi Agreement and decisions of the JCC by the contingent of joint forces of one of the parties. The state, which has allocated its contingent in the composition of joint forces is responsible for the above-noted violations.
On the fifth issue:
Establish a group of 72 observers and 6 drivers for three armored personnel carriers – 80 and three UAZ-469, including 4 persons of the senior group, 8 persons for reserve, 60 persons for 5 posts.
The posts should be located:
Tskhinvali – West  (Post of Road Police);
Tskhinvali – East – (ИСП)
- Eredvi-Dmenisi-Vanati regions
- Tamarasheni-Java regions and Rocki pass;
- Kareli-Znauri regions.
Senior groups of observers should meet in Tskhinvali on July 8, 1992.
On the sixth issue:
Hold meeting of the heads of multi-lateral press-centers in Tskhinvali on July 8, 1992.
On the seventh issue:
Establish the secretariat of the JCC consisting of the following 5 persons: I. Inyutsin, O. Chudinov, P. Mamradze, O. Dzantiev and S. Kochiev.
For the organization for the activities of the secretariat shall be responsible the party on the territory of which the session of the JCC is held.
All expenses related to the activities of the JCC and the work of the office (staff) shall be financed from the sources of respective agencies.
The Georgian, Ossetian and Russian parties should provide specialists for calculating costs of formation and maintenance of activities of the JCC and other related forces (the JPKF, group of observers, multi-lateral press-centers, etc), and present these calculations for defining the order of financing by the governments of the parties that signed the Sochi Agreement. Deadline is July 9, 1992.
On the eighth issue:
Approve the text of the Address to Georgian and Ossetian peoples.
Assign СМ СОССР to print ten thousand copies of the text of the Address (Annex 5).
On the ninth issue:
Assign the Ministry of Internal Affairs of Georgia to develop and prepare five thousand copies of the forms of ID, with a text in Russian, which will provide the right of stay in the zone of conflict.
The procedure of issuing the above-noted forms of ID shall be defined by the JCC.
Assign O. Teziev to prepare a stamp and sill for the stated purposes.
S. Kitovani, S. Shoygu, C. Khetagurov.
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)


Annex 1 To Protocol #2 of the JCC Session dated July 6, 1992
DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On establishment of the headquarters (staff) of joint forces for keeping law and order in the zone of conflict and approving of the composition of subdivisions for active service and securing the rear
1. For managing joint forces in the zone of conflict and resolving the issues of daily activities, the command of joint forces shall approve the structure, composition and equipment of the army.
2 shall be appointed as the head of the headquarters of joint forces.
3. The following persons shall be appointed as deputy heads of the headquarters of the joint forces:
From Georgia -
From Ossetia – A. P. Sysov, colonel in reserve;
4. Approve the headquarters in the following composition:
a) Head of the Operative Department – 1;
Officers of the Operative Department – 3;
Clerk-draftsman – 1;
Head of Communications – 1;
Group of combat management for communication with the aviation – 2;
Operative persons on duty – 4;
Head of reconnaissance (patrol) – 1;
Assistant to the Head of Reconnaissance – 1;
Clerk-typist of the headquarters – 1.
Head of engineering service – 1.
Total 21 persons
including 2 soldiers (sergeants).
b) For ensuring the activities of the headquarters, the following shall be available:
commandant platoon – 1;
tank platoon – 1;
communications platoon – 1.
5. Approve the composition, equipment and quantity of the above-noted subdivisions of joint forces in the zone of conflict presented by the Command of joint forces.
T. Kitovani, S. Shoygu, S. Khetagurov.
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)


Annex 2 To Protocol #2 of the JCC Session dated July 6, 1992, Tbilisi
DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT
1. prove the procurement and service subdivisions proposed by the command of joint forces in the following composition:
- epartment – (headquarters of joint forces, ???, communications, group of air-gunlayers, transport unit) – 43 persons;
-oint artillery division – 79 persons (in reserve; the place of dislocation shall be defined by the commander);
-ield-engineering company – 53 persons;
-aterial security company – 96 persons.
All the above-noted subdivisions shall be formed by Ossetian party.
- Repair company – 58 persons (formed by the Georgian party);
-  medical unit – 15 persons (formed by the Georgian party).
2. Ask the Command of the North-Caucasian military okrug to allocate one company of communications consisting of three platoons (??? radio and telephone) – 52 persons.
Attached is the list of all staff of subdivisions.
3. For the purpose of suppressing artillery of other weapon emplacements of band-formations, echelons of helicopters in 30 minutes fighting trim.
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)


PROTOCOL #3 OF THE MEETING OF JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT
July 12, 1992, Vladikavkaz
The JCC in the composition of: S. Shoygu, S. Khetagurov, P. Giorgadze, S. Suanov, R. Tushurashvili and G. Filatov reviewed the following issues at the meeting:
1. Composition of the JCC.
2. The JPKF and keeping of law and order in the zone of conflict (LOKF).
3. Special legal regime and activities of local law-enforcement entities in the zone of conflict.
4. On entering the zone of conflict by LOKF.
The following decisions were made as a result of discussions:
On the first issue:
Include in the composition of the JCC representatives of Georgia, specifically, R. Tushurashvili and E. Sabanadze.
On the second issue:
Approve the Provision on the JPKF and LOKF in the Zone of Conflict (Annex 1 to Protocol #3 of the session of the JCC).
Approve the Contract with Servicemen of LOKF (Annex 2).
For the purpose of suppressing the band-formations that represent armed groups and forces of self-defense of either party, being incompliance with the Sochi Agreement and the decisions of the JCC, the JPKF and LOKF in the zone of conflict shall use weapons.
For the purpose of self-defense, the contingent of joint forces (servicemen in staff), as well as any member of the groups of observers, shall use weapons.
The zone of conflict shall be regarded the area within the radius of 15 kilometers from the center of Tskhinvali.
The safety corridor shall be regarded the zone of the area with the width of 14 kilometers across the administrative border of the former South Ossetian Autonomous Okrug and 7 kilometers on both sides of the border.
The joint military command shall be authorized to take all necessary measures for localization of armed conflicts and destruction of band-formations in the regions and villages on the territory of the former South Ossetian Autonomous Okrug not being the part of the zone of conflict and the safety corridor, in cooperation with the local law-enforcement entities, with further reporting to the JCC.
On the third issue:
Representatives of the Ministry of Internal Affairs of Georgia shall establish a group for rehabilitating law-enforcement organs in the zone of conflict and the safety corridor, and present their proposals on their activities after entering LOKF to the JCC.
On the fourth issue:
Carry out entering of LOKF in the zone of conflict in series. From July 14, 1992, the Georgian battalion and parachute-landing regiment, from July 15, 1992 – Ossetian battalion.
LOKF shall be entered irrespective of readiness of the forces of any party.
Approve the order of the Joint Military Command on entering LOKF (Annex 3).
T. Kitovani, S. Shoygu, S. Khetagurov.
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)


Annex 1 To Protocol #3 of the  JCC Session dated July 12, 1992
PROVISION On Joint Peacekeeping Forces (JPKF) and Law and Order Keeping Forces (LOKF) in the Zone of Conflict
Article 1. Joint forces shall be established in accordance with the Agreement signed by President of Russian Federation, B. Yeltsin, and head of the State Council of Georgia, E. Shevardnadze, and intended for restoration peace and supporting law and order in the zone of the armed conflict, safety corridor, regions and villages that are not parts of the zone of conflict, taking control over complying with the conditions the Agreement and decisions of the JCC on ceasing fire and making active measures including use of weapons in the case of violating by uncontrolled armed formations of any opposed parties to the conflict.
Article 2.The joint forces shall subordinate to the joint military command and the JCC.
Article 3. LOKF shall resolve the following issues:
- don’t permit entering and intrusion into the zone of conflict, safety corridor, regions and villages that are not parts of the zone of conflict of the armed groups and bands, and protect the population, state, agricultural-cooperative, private and personal properties from criminal invasion of such bands.
- in the zone of conflict, safety corridors, regions and villages that are not parts of the zone of conflict, don’t permit existence and activities of illegal armed persons and formations and stop armed and unarmed group conflicts and incidents.
- let in, and out from, the zone of conflict, safety corridors, regions and villages that are not parts of the zone of conflict the people, transport facilities and cargo, within the defined places.
- don’t permit delivery (transportation) of weapons, techniques, Other means, that may be used in acts of terror and sabotage to the zone of conflict, safety corridors, regions and villages that are not parts of the zone of conflict, and removal thereof, without special permission, as well as conduct of combat missions.
- take control over fulfillment of set rules of specific regime in the zone of conflict, safety corridors, regions and villages that are not parts of the zone of conflict, introduced by the Government of Georgia in coordination with the parties.
- render any type of assistance to local law-enforcement organs for supporting law and order in the zone of conflict, safety corridors, regions and villages that are not parts of the zone of conflict.
Article 4. LOKF shall be authorized to do the following on the territory of the former South Ossetian Autonomous Oblast:
- post military detachments (patrol, post for observations, ambush, etc) and set barriers, as well as move (shift) to any districts of the region, not damaging, however, any house, lots of land, gardens, sowing, road and other structures.
chase (hunt), arrest or destruct bands of armed formations, groups of persons who do not fulfill or subordinate to the requirements of the special regime. Chasing and conduct of combat operations with criminal elements may be carried out even outside the zone of conflict.
check document of citizens for the right of entry, exit and movement, as well as examination of persons, cargo and transport facilities.
detain all persons who violate the set rules of the special regime.
carry out personal survey of detained individuals and examination of their belongings.
confiscate all types of guns, weapons, combat techniques and ammunition.
use in the zone of conflict, safety corridors, regions and villages that are not parts of the zone of conflict the existed telephone and telephonogram lines of communication, irrespective of their owners.
conduct combat operations by using weapons and combat technique to be adopted.
Article 5. the Organizational-staffing structure of the joint forces shall be approved by the JCC.
The place of dislocation of joint forces shall be defined by the joint military command.
Article 6. The joint forces, in their daily activities, shall be guided by the requirements of this Provision, as ell as decisions of the JCC and the joint military command.
Article 7. The joint forces shall be established on the voluntary basis from citizens who are from 20 to 50 years old, have been in the military service, do not have any criminal record and are fit to service due to their state of health, as well as on the basis of the subdivisions of current armed forces of any party.
Article 8. Persons expressing their desire to become a part of the joint forces shall present the following documents to the selecting commission:
- application;
- passport;
- military card;
- reference-recommendation from the place of work or residence.
Enrolment in the joint forces shall be carried out on the basis of the resolution issued by the joint military command.
Article 9. Those enrolled to the joint forces shall conclude a contract with the command for the period of two or more months. After expiration of this term, the contract, pursuant to the wish of the parties, may be extended up to the period of 6 or more months. The term of service shall be counted from the date of enrollment, based on the order.
Article 10. In the case of breaching the contract ahead of the schedule at the initiative of the command without any good reasons, as well as due to reduction of staff or sickness, servicemen of the joint forces shall be paid severance pay in the amount of a month’s salary. If the contract is breached ahead of the schedule because of a serviceman without a good reason, he/she shall not be paid severance pay. In the case of committing civil or criminal offence, a serviceman is brought to criminal liabilities according to the legislation of Russian Federation and Georgia.
A serviceman may be dismissed in the following cases:
- after finishing the term of service set under the contract;
- due to violation of the conditions set under the contract;
- due to the state of health;
- due to the family conditions;
- not to be fit and proper for the office;
- doe to the reduction of staff;
- due to the conviction for committed crimes.
Article 11.Service in the joint forces shall be counted in the labor records in the proportion 1:3;
Article 12. Funding of the joint forces and its logistical support shall be carried out by the government of the states that signed the Sochi agreement.
Article 13. Personnel of the joint forces shall be bound:
to comply with the Constitution of Russian Federation, Republic of Georgia and the procedure set in the zone of conflict.
unquestionably fulfill al, orders and instructions of the command, overcome all severities and difficulties with dignity and honor.
know and protect armament, combat and other techniques as well as military and public property.
be watchful, strictly keep military and state secrets.
Article 14. Supervision over legality of activities of joint forces shall be carried out by the Public prosecutor’s Office of Russian Federation and the Georgia.
Article 15. The single type of uniforms and military insignia shall be established for the joint forces (blue stripe on the left hand, helmet and combat technique).
T  Kitovani, S. Shoygu, S. Khetagurov.
/R. Tushurashvili/
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)


DECREE # 753 ISSUED BY THE CABINET OF MINISTERS OF THE REPUBLIC OF GEORGIA ON 23 JULY 1992 on Abrogation of Decrees of the Government of Georgia related to Allocation of lands for Airdromes located in the village of Nikozi and for the Infantry Regiment Located in Tskhinvali
The Government of the Republic of Georgia decrees:
1. To endorse a proposal put forward by the State Committee on Land Resources and Land Reforms of the Republic of Georgia and the Ministry of Defence of the Republic of Georgia on returning back to the State agricultural farm of the village Nikozi 139,45 hectare arable land and 33,35 hectare of arable land to the Ministry of Defense of the Republic of Georgia  (14,53 hectare in the village of Nikozi and 18,82 in Tskhinvali)  out of total 172,80 hectare arable land transferred to the reserve airdrome, helicopter airdrome and the infantry regiment located in Tskhinvali.
2. Immediately after the adoption of this decree, a decree # 1282 issued by the Government of Georgia on 13 July  1941, the decree # 612 issued on 3 July 1949 and the decree #88-4 issued on 3 February 1976 on transferring to military regiments # 35405 and # 85326 of the Ministry of Defence of the USSR of 172,80 hectare lands, shall be declared null and void and having no legal force.
Acting First Deputy Prime-Minister of the Republic of Georgia O. Kvilitaia
Acting Head of the State Chancellery of the
Cabinet Of Ministers of the Republicof Georgia G. Beridze
23 July 1992
(Decrees Issued by the Cabinet of Ministers of the Republic of Georgia, July 1992, p. 137-138)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA on changes to the Regulations of the Supreme Council of Abkhazia of the 12th convocation
The Supreme Council of the Republic of Abkhazia decrees:
To change Article 11 of the Regulations of the Supreme Council of Abkhazia of the 12th convocation and provide it with the following wording:
“The changes to the Constitution of Abkhazia is exercised by the Supreme Council by the majority cast of the members of the Supreme Council”.
Chairman of the Supreme Council of Abkhazia V. Ardzinba
23 July 1992
(Newspaper “Respublika Abkhazia”, # 138, 28 July 1992)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA on Cessecion of the Legal Effect of the Constitution of the Abkhaz ASSR of 1978
Over the recent time the events that have taken place on the territory of the former USSR drastically changed inter-state relations and established new legal interrelation between former Soviet entities.  All aforementioned affected relations between Abkhazia and Georgia.
Legal state status of Abkhazia and its relation with the Georgian SSR and the USSR was determined and regulated by the Constitution of the Abkhaz ASSR and Georgian SSR of 1978, as well as by the Constitution of the USSR.
In 1989-1990 the Supreme Council of the Georgian SSR unilaterally adopted a number of legal acts initiated Georgia’s secession from the USSR.  Among them are the Decree issued by the Supreme Council of the Georgian SSR of 18 November 1989 and of 9 March and 20 June of 1990.
Pursuant to these documents all state institutions of Georgia that are established since 24 February of 1921, as well as all legal acts issued by those institutions are declared null and void.
After disintegration of the USSR, in February of 1992, in order to suspend legal linkage with the former USSR, the State Council of Georgia issued the Decision on switching to the Constitution of the Georgian Democratic Republic of 1921, which doesn’t consider Abkhaz ASSR.
As a result of adopted decisions by Georgian authorities and based on the aforementioned Decrees, the Georgian SSR that had the legal relation with the Abkhaz ASSR, suspended its existence and a new state - Georgian Democratic Republic has been introduced and that has no relations with the Abkhaz ASSR.
As it is widely known, Abkhazia was included within the state of Georgia on the treaty base, which was concluded in February of 1922.  The relations between Georgia and Abkhazia were regulated by further legal acts from 1922 to 1989. The last one among those acts were the Constitutions of Abkhazia and Georgia adopted in 1978 and the Constitution of the USSR of 1977.
The Constitution of the Abkhaz ASSR of 1978 was adopted in compliance with the Constitution of the Georgian SSR of 1978 and the Constitution of the USSR of 1977.  After abrogation of the Constitution of the Abkhaz ASSR, Abkhazia was deprived the legal right of existence, that complies neither with the political nor the legal realities of present time. Thus inadmissible legal vacuum has been established in the relation of Abkhazia and Georgia.
In order to settle legal abeyance between them, and also striving for the restoration of interstate relations between Abkhazia and Georgia, the Supreme Council of the Abkhaz ASSR decrees:
1. To consider the Constitution of the Abkhaz ASSR of 1978 null and void.
2. The Constitution of the Abkhaz SSR of 1925 will be in force before adoption of the new Constitution of Abkhazia retaining the current system of legislative, executive and judicial power.
3. To entrust the Presidium of the Supreme Council of Abkhazia with a task of bringing proposals to the session of the Supreme Council on composition of the working group for elaboration Agreement between Abkhazia and Georgia.
4. The Constitutional Commission shall accelerate the work on the draft-Constitution of Abkhazia with further submission to the Supreme Council of Abkhazia in September 1992.
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
23 July 1992
(Newspaper “Abkhazia”, # 27, 30 July-6 August 1992)


CONSTITUTION OF THE SOVIET SOCIALIST REPUBLIC OF ABKHAZIA OF 1 APRIL 1925
(…)
1. After overthrowing a power of a former Georgian Democratic republic on the territory of Abkhazia, the workers, peasants and soldiers of a Red Army of Abkhazia have founded the Soviet Socialist Republic of Abkhazia and established sovereignty and dictatorship of the proletariat rendering all state power to the Councils of workers’, peasants’ and soldiers’ deputies.
4. The Abkhaz SSR, united on the basis of Union Treaty with the Georgian SSR, enters Trans-Caucasus Soviet Socialist Federative Republic through the Georgian SSR and as a member of latter, the USSR.
(…)
5. The Abkhaz SSR is a sovereign state, which exercises state authority on its territory independently from any other powers.
The sovereignty of the Abkhaz SSR that voluntarily entered the Trans-Caucasus SFSR and the USSR is restricted only within the frame of the Constitution of the mentioned Unions.
The citizens of the Abkhaz SSR, retaining the citizenship of the Republic, at the same time have the status of the citizens of the Trans-Caucasus SFSR (Soviet Federation Socialist Republic - edit.) and the USSR.
The territory of the Abkhaz SSR shall not be changed without consent of the Republic.
The language of state institutions on the territory of the Abkhaz SSR is Russian.
(…)
44. The Abkhaz Soviet Socialist Republic is governed by the Council of People’s Commissars under the Chairmanship of a special person - a member of Central Executive Committee comprising of the following Commissars: 1) Internal Affairs, 2) Justice, 3) Education, 4) Health-care; 5) Agriculture and 6) Social security.
The Council of People’s Commissars also includes the Chairman on the Supreme Council of National Economy and plenipotentiary representatives of the Commissars of Finance, Workers and Peasants Inspection, Labour and Internal Trade and the Chairman of the Special (extraordinary) Commission.
45. The management of departments of Foreign Affairs, Military and Maritime Affairs, Foreign Trade, Transportation, Post and Telegraph is under the jurisdiction of the relevant Commissars of the USSR.
(…)
65. All of the issues of general character are under the jurisdiction of the Congress of the Councils of the Abkhaz SSR and Central Executive Committee  outside of the jurisdiction of the Trans-Caucasus SFSR and the USSR, in particular:
a) General management of internal policy of the Abkhaz SSR;
b) Administrative division of the territory of the Abkhaz SSR;
c) Establishment of the bases for the public economy and certain branches on the territory of the Abkhaz SSR;
d) Consideration of the budget of the Abkhaz SSR and determination of taxes and duties with the endorsement of the TCSFSR;
e) Internal state legislation, judiciary, courts, criminal and civil legislation and others…
f) Appointment and removal of certain members of the Council of People’s Commissars, as well as the whole Council of the People’s Commissars, and also approval of the Chairman of the Council of people’s Commissars;
g) The right of Amnesty on the territory of the Abkhaz SSR, as well as the right of pardon and rehabilitation of citizens convicted by courts or administrative agencies of the Republic;
h) The right to issue decrees on rendering or removal of citizenship of the Abkhaz SSR;
(…)
66. Under the sole jurisdiction of the Assembly of Councils of the Abkhaz SSR are the following issues:
a) Changes and amendments to the basics of the Abkhaz SSR Constitution;
b) Issues related to the changes of the border of the Abkhaz SSR in conformity with the laws of the USSR and the TCSFSR.
(…)
(Congresses of the Soviets of the USSR,  Union and autonomous Soviet Socialist Republics of the Transcaucas. Collection of documents of 1923-1937; M., 1964, v.VI, p.686-700/in Russian)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA on changing the name of the Soviet Socialist Republic of Abkhazia
The Supreme Council of the Republic of Abkhazia decrees:
To change the name of the Soviet Socialist Republic of Abkhazia and call it the Republic of Abkhazia henceforth.
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
23 July 1992
(Newspaper “Respublika Abkhazia”, # 138, 28 July 1992)


LAW OF THE REPUBLIC OF ABKHAZIA on new symbolics of the Republic of Abkhazia
Supreme Council of the Republic of Abkhazia decrees:
1. To approve the portrayal of the new National Emblem, Anthem and Flag of the Republic of Abkhazia (attached).
2. The President of the Republic of Abkhazia shall issue the regulations on National anthem and Flag of the Republic of Abkhazia.
3. The government of the Republic of Abkhazia shall publish the regulations on National anthem and Flag of the Republic of Abkhazia.
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
23 July 1992
(Newspaper “Respublika Abkhazia”, # 138, 28 July 1992)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA on draft-agreement between the Republic of Abkhazia and the Republic of Georgia
The Supreme Council of the Republic of Abkhazia decrees:
To send the draft-agreement between the Republic of Abkhazia and the Republic of Georgia to the Commission of the Supreme Council of the Republic of Abkhazia for further revision.
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
23 July 1992
(Newspaper “Respublika Abkhazia”, # 138, 28 July, 1992)


LAW OF THE REPUBLCI OF ABKHAZIA on Transit Duties
Article 1. Payers of duties:
Payers of transit duties shall be the legal and natural persons - owners and users of transport means that are not the residents of Abkhazia and use the territory of Abkhazia, air and maritime spaces of the republic for transit movement of the transport, cargoes and passengers.
Article 2. Rate of duties
a) Rate of duties depends on the type of vehicle and its carrying capacity.
(…)
b) The Council of Ministers of the Republic of Abkhazia shall determine the rate for air and maritime transportation on the basis of intergovernmental agreement.
Article 3. The rules and terms of payment of duties
Collection of duties shall be exercised by the agency that will be determined by the Decree of the Supreme Council of the Republic of Abkhazia…
(…)
Article 4. Preferential duties
Humanitarian and charity cargoes, as well as military and operative transport shall be exempted from transit duties.
(…)
Legal and natural persons from the Republic of Georgia and from city Sochi of Krasnodar Region shall be exempted from transit duties.
(…)
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
23 July 1992
(Newspaper “Respublika Abkhazia”, # 143, 4 August 1992)


DECREE ISSUED BY THE STATE COUNCIL OF THE REPUBLIC OF GEORGIA on decree issued on 23 July 1992 by the Supreme Council of the Abkhaz ASSR on “Cessation of Legal Effect of the Constitution of the Abkhaz ASSR of 1978”
The State Council of the Republic of Georgia notes, that the decree issued on 23 July 1992 by the Supreme Council of the Abkhaz ASSR stipulates cessation of legal force of the Constitution of the Abkhaz ASSR.
Until elaboration of a new Constitution, it was decided to restore the Constitution of the Abkhaz ASSR of 1925 while maintaining existing legislative, executive and judicial bodies.
The State Council of the Republic of Georgia underlines that the aforementioned decree misrepresents and misinterprets the state-legal relationships between the Republic of Georgia and the Abkhaz ASSR that has come about after the disintegration of the Soviet Union and declaration on restoration of the 1921 Constitution of Georgia issued by the Military Council of the Republic of Georgia.
The disintegration of the USSR did not, and could not change the state borders and territorial integrity of the Republic of Georgia and that was confirmed by the UN Security Council and the Conference for Security and Cooperation in Europe, as well as other sovereign States that have recognized the sovereignty and territorial integrity of the Republic of Georgia.
Restoration of the 1921 Constitution, proclaimed by the Military Council of the Republic did not change the state borders and national-state arrangement of the Republic of Georgia, either the status of the Abkhaz ASSR and that fact was confirmed by the first article of the Declaration issued by the Military Council of the Republic of Georgia on 21 February 1992.
It should be emphasized that the aforementioned decree issued by the Supreme Council of the Abkhaz ASSR was adopted with gross violation of the internationally recognized principles of constitutionality, namely, in Article 162 of the Constitution of the Abkhaz ASSR it is clearly laid down that making decision on constitutional issues requires qualified majority of deputies. The aforementioned decree had ignored the free will of the majority of population of the Abkhaz ASSR and violated the international norms and principles of human rights and fundamental freedoms.
The State Council of the Republic of Georgia underlines that the leadership of the Abkhaz ASSR which must be actively involved in the process of dealing with problems associated with statehood building and political arrangement of Georgia, had adopted the aforementioned decree without any prior consultations with the leadership of the Republic of Georgia and therefore must take responsibility for possible consequences.
Proceeding from the aforementioned, the State Council of the Republic of Georgia decrees:
To consider the decree issued on 23 June 1992 by the Supreme Council of the Abkhaz ASSR on “Termination of Legal Force of the Constitution of Abkhazian ASSR” legally null and void.
Chairman of the State Council of the Republic of Georgia E. Shevardnadze
Secretary of the State Council of the Republic of Georgia V. Goguadze
25 July 1992
(Newspaper “Svobodnaya Gruzia”, # 95, 28 July 1992)  
 

DECREE  ISSUED BY THE SUPREME COUNCI OF THE ABKHAZ ASSR on Further Work of Faction of Deputies  “Democratic Abkhazia” of the Supreme Council of the Abkhaz ASSR
Decree adopted on 23 June by the Supreme Council of the Abkhaz ASSR, without participation of the faction of Deputies “Democratic Abkhazia” that represents overwhelming majority of the population of the Autonomous Republic, constitutes an attempt at cessation of functioning of the 1978 Constitution and introduction of the 1925 Constitution of the Abkhaz SSR that declared the dictatorship of proletariat, which is absolutely unacceptable for modern-day realities.
Adoption of this decree represented logical consequence of the policy of legitimization of uniqueness of authoritarian regime, violation of human rights of the vast majority of the population of Abkhazia.
The very obvious proof of the aforementioned is a law adopted by the session on introduction of amendments to the Rules of Procedure of the Supreme Council of the Republic of Abkhazia of the 12th convocation, which makes it possible to introduce amendments to the Constitution of Abkhazia by mere majority of Deputies of the Supreme Council of Abkhazia. This law, in fact, rules out participation of Deputies of the faction “Democratic Abkhazia” in the work of the Supreme Council. This is not singular instance when interests of deputies, representing vast majority of the population of Abkhazia, are blatantly ignored.
Taking into due consideration demands from the electorate, sense of responsibility for the existing civil-political situation in the Republic, and its improvement by parliamentary means, the faction of Deputies “Democratic Abkhazia” decrees:
The faction of Deputies of “Democratic Abkhazia” shall hold separate sessions with the right of adopting legislative acts.
First Deputy Chairman of the Supreme Council of the Abkhazian ASSR T. Nadareishvili
29 July 1992
(Newspaper “Abkhazetis Khma”, # 121, 1 August 1992)


DECREE USSED BY SUPREME COUNCIL OF THE ABKHAZ ASSR ON POLITICAL-LEGAL ASSESMENT of the Decree issued by the First Session of the Supreme Council of the Abkhaz ASSR of the 12th convoction of 23 July 1992 on “Cessation of the Legal Effect of the 1978 Constitution of the Abkhaz ASSR and Restoration of the 1925 Constitution of the Abkhaz SSR”
On 23 June 1992, a part of Deputies of the Supreme Council of the Abkhaz ASSR carried out a Coup d’ etat through parliamentary means, as a result of which the first signs and achievements of democratic developments have been destroyed: multiparty system, diversity of economy; dictatorship of proletariat had been restored, private ownership over the land had been abolished, means of production have declared as property of the State.
The ultimate goal of the restoration of the Constitution of the Abkhaz SSR of 1925 is to exercise in unilateral manner the state power on the territory of Abkhazia.
However, in accordance with the 1925 Constitution of the Abkhaz SSR, Abkhazia is not a fully-fledged sovereign State, since its sovereignty were limited by boundaries, stipulated by the Constitutions of the Georgian SSR, the Trans-Caucasus Soviet Socialist Federative Republic and the USSR (part 2 of article 5 of the Constitution of Abkhazian SSR).
Proceeding from the analysis of article 4 of the Constitution, Abkhazia represented national-state autonomous entity within the Georgian SSR. Therefore, political-legal status of Abkhazia laid down in the Constitution of Abkhazia of 1978 is adequate to the legal status of Abkhazia laid down in the Constitution of Abkhazia of 1925.
With a view of justification of illegal decisions taken by the Session, the Supreme Council of the Abkhaz ASSR referred to its illegal decree on “Declaration on State Sovereignty of Abkhazia” that was adopted by a group of Deputies on 25 August 1990. Later on, on 31 August 1990 this declaration was repealed by the Extraordinary Session of the Supreme Council of the Abkhaz ASSR as a document that did not reflect the will of the vast majority of the population of Abkhazia.
Therefore, the illegally adopted Declaration on State Sovereignty of Abkhazia can not be regarded as justification of the aforementioned decision. It is noteworthy, that the decision of 23 June 1992 was made with traditional violations of the Constitution of Abkhazian ASSR of 1978. That is why, so crucially important issues for civil-political life of Abkhazia such as: termination of validity of the 1978 Constitution of the Abkhaz ASSR; changing of the title of the Republic; law on New State Symbols; introduction of amendments to the Constitution of 1925; introduction of amendments to the Rules of Procedure; The aforementioned facts are telling examples that the Supreme Council of Abkhazia serves group and clan interests of certain people.
In accordance with Article 162 of the Constitution of the Abkhaz ASSR, any amendments to the Constitution of Abkhazia are to be introduced through the decision of qualified majority, that is, no less than two thirds of Deputies of the Supreme Council of Abkhazian ASSR (Article 94).
Of course, in order to introduce amendments to the Constitution, votes of 43 Deputies are needed. Termination of validity of the Constitution represents one of the forms of repeal of the Constitution. During the session, which made the decision, there were only 36 Deputies in presence and no registration of the Deputies took place.
Analyzing the policy of the Supreme Council of Abkhazian ASSR, we came to a conclusion, that taking the aforementioned decision was a logical continuation of legitimization of the authoritarian regime and claims on national superiority and uniqueness in the process of management the supreme bodies of power of the Autonomous Republic.
It is crystal -clear that next step of the group of Deputies of the Supreme Council will be adoption of a new Constitution, ruling out protective mechanism for the vast majority of the population of Autonomous Republic. Therefore, they want to finally legalize the dictatorship of minority over the majority.
As a result of the illegal decision of the Supreme Council made on 23 June 1992, in fact the very legal basis of the Supreme Council of the Autonomous Republic-as of representative of legislative body-had been liquidated. Proceeding from the aforementioned, self-liquidation of the Supreme Council of the Abkhazian ASSR would be a logical result of its activities.
Proceeding from the aforementioned, the Supreme Council of the Abkhaz ASSR decrees:
Decision of the group of Deputies of the Supreme Council of Abkhazian ASSR made on 23 June 1992 on “Termination of Legality of the Constitution of the Abkhaz ASSR of 1978 and Restoration of the Constitution of Abkhazian SSR of 1925” amounts to a political game, aimed at artificial cessation of state-legal relations between the Autonomous Republic and the Republic of Georgia.
Until the adoption of a new Constitution of the Autonomous Republic, to consider the Constitution of the Abkhaz ASSR of 1978 as the supreme law and the only political-legal act defining a social-legal arrangement of the Autonomous Republic.
To consider all the legal acts adopted by the Session of the Supreme Council of the Abkhaz ASSR on 23 June 1992 as null and void.
On behalf of the Supreme Council of the Abkhaz ASSR - First Deputy Chairman of the Supreme
Council of the Abkhaz ASSR T. Nadareishvili
29 July 1992
(Newspaper “Abkhazetis Khma”, # 121, 1 August 1992)


DECISION OF THE SESSION OF THE JOINT CONTROL COMMISSION (JCC)
August 3, 1992, Tskhinvali
1. Guided by the agreement on the principles of settlement of the Georgian-Ossetian conflict, and, in pursuance of the decision of the JCC dated July 29, 1992, establish from representatives of Georgian, Ossetian and Russian parties of the JCC for resolving the issues regarding keeping law and order in the zone of conflict.
- Economic council – by attracting relevant specialists;
- Law-enforcement council – from specialists of the Ministry of Internal Affairs, Public prosecutor’s Office and the Judiciary;
- Council for social protection of, and assistance to the population – by attracting relevant specialists;
- United command of peacemaking forces under the JCC shall lead the councils between sessions of the JCC.
The councils shall resolve the following main issues:
- study and analyze the economic, social and living condition of the population and real possibilities for return of refugees to their homes.
- prepare conditions for negotiations on economic rehabilitation of the regions in the zone of conflict.
- develop proposals for competent organs of the parties and take operative control over implementation of the adopted decisions.
The councils shall be authorized:
- to require and receive necessary information from agencies.
- to make operative decisions, bring them to the parties and require their unconditional fulfillment.
- to invite to their sessions authorized persons with the purpose of coordinating practical actions of the parties.
- to present to the competent organs of the parties their conclusions and proposals about the process of implementing the duties and responsibilities by the parties.
- to have permanent contact with the local organizations, citizens, and organize reception of individual persons.
All organizations, agencies and persons shall support the councils in executing their functional responsibilities;
The councils shall work according to the current plan.
The main forms of the activities of the councils shall be practical works at spots, operative discussions about the situation and status of the work, development of proposals and decisions, bringing them to the parties and inspection of fulfillment thereof.
Operative meetings shall be held in the cases of necessity, which shall be announced in advance.
Decisions and recommendations shall be regarded as approved in the case of  unanimity of the joint command.
2. The established structure shall work in close cooperation with the local organs of authorities.
The personnel of the councils shall be defined within the period of three days.
3. Carry out preparatory works for the purpose of organizing the campaign of delivery of arms (weapons) by the population.
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)


DECREE ISSUED BY THE GOVERNMENT OF THE REPUBLIC OF GEORGIA # 814 on Suspension of the Decree issued by the Council of Ministers of the Abkhaz ASSR on 21 February 1992
In order to secure the integrity of Customs Service and Customs Borders of the Republic of Georgia, the Government of the Republic of Georgia decrees:
1. To suspend the decree # 19 issued on 21 February 1992 by the Council of Ministers of the Abkhazian ASSR on creation of the so-called Customs Service of the Autonomous Republic of the Abkhaz ASSR, as in accordance with the Georgian legislation creation of customs organs, enterprises and organizations and liquidation is within the jurisdiction of the Government of the Republic of Georgia.
2. To close down temporarily, until creation of Sukhumi branch of Customs Service of the State Department affiliated to the Ministry of Finance of the Republic of Georgia, custom-passing check points of the sea port and airport of Sukhumi.
3. The State Chancellery of the Government of the Republic of Georgia shall inform the border military service of the Trans-Caucasian military district and  carry out monitoring over its implementation.
Chair of the Government
of the Republic of Georgia, acting Prime-Minister T. Sigua
Acting Deputy Head of State Chancellery
of the Government of the Republic of Georgia K. Gelashvili
7 August 1992
(Decrees Issued by the Cabinet of Ministers of the Republic of Georgia, August, 1992, p. 88-89)
                 

DECREE ISSUED BY the Presidium of THE STATE COUNCIL OF THE REPUBLIC OF GEORGIA on Introduction of the State of Emergency on the Railway Transport
Attacks of the armed bands on the vitally important for the country transport system-the Railway -are still continuing. There are ever increasing facts of blockage, blowing up, and damage of transport communications, capture and pillage of railway vehicles and cargo, robbery of passengers, threatening the lives of people working in the railway system.  At the same time, we are especially concerned by the fact that citizens from some regions of Georgia are involved in these acts of vandalism carried out by armed gangs.
The measures, undertaken by the Railway Department and law-enforcement agencies are not sufficient to secure protection of the railway.  The Manifest issued by the State Council of the Republic of Georgia is not being implemented that regards implementation of special measures by law-enforcement agencies, city and local government officials to prevent subversive and terrorist acts and secure unimpeded operation of the railway and other means of transportation.
On the next day the Manifest was issued, plotters attacked freight train and wounded a conductor.  At the same day they stopped railway traffic in Poti.  On August 8 railway bridge was exploded in Chaladidi.  Tbilisi-Moscow and Tbilisi-Yerevan trains were stopped and robbed in Gali.  Several armed persons attacked freight train at Tsatkhvi-Inguri portion of railway and robbed the train.  At a station of Kheta armed people robbed two carriages of goods train; the same was repeated next day.
The damage inflicted as a result of the aforementioned criminal activities amounts nine billion rubles. National economy and citizens are deprived of essential food and goods.  It’s impossible to deliver to Abkhazia, Poti and Samegrelo region any kind of goods or supply, thereby further deteriorating the already difficult social-economic situation in the country and threatens the whole society with all-encompassing chaos and anarchy. The neighboring Republic of Armenia found itself in very unfavorable situation, and because of the current situation in the region, is left with no other option but to carry out cargo and passenger traffic through the Georgian railway.
In order to ensure security of traffic, restoration of legality and order and immediate normalization of the situation on the Georgian railway, the Presidium of the State Council of the Republic of Georgia decrees:
1. Pursuant to Paragraph 2 of Article 13 of the Rules of Procedure of the State Council of the Republic of Georgia, to introduce the State of Emergency on the Georgian Railway on 15 August 1992 for the duration of one month.
2. To entrust the Armed Forces of the Ministry of Defense and the Ministry of Interior of the Republic of Georgia and units of militarized protection of the Georgian Railway Department with a task of implementation of the State of Emergency.
3. The Ministry of Defence of the Republic of Georgia shall mobilize and coordinate the efforts to eliminate the consequences of the state of emergency; for this purpose the Ministry of Defence shall set up operative headquarter led by the Minister of Defence.
4. Those armed forces authorized to implement the State of Emergency on the Georgian Railway, shall secure protection of trains, bridges, tunnels and other communications and objects, and accompany passenger and cargo vehicles. They shall preclude and root out attacks and other criminal activities directed against the railway transport.
8. This decree shall come into force immediately after it is signed.
Chairman of the State Council of the Republic of Georgia E. Shevardnadze
10 August 1992
(Abkhaz Issue in Official Documents, part I, p. 78-80)           


DECREE ISSUED BY THE STATE COUNCIL OF THE REPUBLIC OF GEORGIA on Decree Issued on 10 August 1992 by the Presidium of the State Council of the Republic of Georgia on “ Introduction of the State of Emergency on the Railway Transport”
In order to assure the security of traffic, restoration of legality and order and immediate normalization of the situation along the Georgian railway, and based on Article 24 of the “Rules of Procedure of the State Council of the Republic of Georgia”, the State Council of the Republic of Georgia decrees:
1. To approve the decree issued on 10 August 1992 by the Presidium of the State Council of the Republic of Georgia on “Introduction of the State of Emergency on the Railway Transport”.
2. This decree shall come into force immediately after it is signed.
Chairman of the State Council of the Republic of Georgia E. Shevardnadze
Secretary of the State Council of the Republic of Georgia V. Goguadze
11 August 1992
(Collection of Normative Acts of the State Council of the Republic of Georgia, volume II, Tbilisi, 1995, p. 10)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA on Mobilization of Adult Citizens and Distribution of arms to the regiment of the internal troops of Abkhazia
Due to deployment of Georgian military formations on the territory of Abkhazia and a real threat against sovereignty of the Republic of Abkhazia and its population,
The Supreme Council of the Republic of Abkhazia decrees:
1. To carry out mobilization of the adult population of Abkhazia from 18 to 40 years old and assign them to the regiment of the internal troops.
2. The commander of the regiment of the internal troops shall form 5 battalions, with 500 people in each.
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
14 August 1992
(G. Amkuab, T. Illarionova, Chronicle of the Undeclared War, Part I, 14 August-14 September, Moscow, 1992, p. 28-29/in Russian)


EXTRACT FROM THE RESOLUTION OF THE EXTRAORDINARY SESSION OF THE SUPREME COUNCIL OF THE REPUBLIC OF KABARDINO-BALKHARIA
1. To condemn the policy of the leadership of Georgia trying to solve the problem in Abkhazia through aggression, dictate and forcible measures.
2. To request from the State Council of Georgia immediate withdrawal of troops from occupied territories of the Republic of Abkhazia and put an end to the genocide of the Abkhaz people.
3. To address to Mr. Khasbulatov and Mr. Yeltsin with the request to take immediate and effective measures, and before 3 September, for the regulation of conflict.
4. To express dissatisfaction towards the policy of the Russian leadership encouraging the activity of the governing elite of Georgia towards the Abkhaz people.
5. To continue active peace activity together with republics, regions and districts of the North Caucasus.
6. To address to Russia with request to organize humanitarian corridor on the territory of Abkhazia for assistance of population affected in the conflict.
7. To appeal to the UNO to interfere to the tragic events in Abkhazia and take all measures for restoring the peace in Abkhazia and Georgia.
8. To set up the Commission on the problems relating to the events in Abkhazia comprising of 3 deputies: 2 Deputies from the Russian Federation and 1 from the Republic of Kabardino-Balkharia.
17 August 1992
(G. Amkuab, T. Illarionova, Chronicle of the Undeclared War, Part I, p. 152-153)


PROTOCOL of consultations on the regulation of the conflict between Georgia and Abkhazia
Due to the developments in Abkhazia the concern and alarm are constently raising.  Every day of military confrontation brings new suffering to the civilians and serious damage to the economy.
The situation has become complicated in the south of Russia.  The republics of region, adjacent to the conflict zone are concerned at the established situation.
Participants of the consultations:
from the Georgian Side  - T. Kitovani
from the Russian Side - S. Shoigu, A. Vorobev, A. Safronov, V. Lisenko,  A. Klevtsov, B. Pastukhov
from the Abkhaz Side - V. Ardzinba, K.Ozgan
stated about their position on the ways aimed at overcoming the existing situation.
The sides agreed upon the following:
1) a firm commitment to stop bloodshed and secure conflict regulation through peaceful means;
2) suspension of military confrontation and movement of armed formations from 31 August of 1992;
3) establishment of permanent communication between the sides in order to exchange the information and respond to the changes of situation;
4) securing of regular and safe functioning of air and maritime transport; fulfillment of reconciled time-table of transportation of civil population in the conflict zone and on adjacent territories.
The sides commit themselves to take responsibility on prevention of possible incidents and provocations posing a threat to the people and delivery of cargo.
5) The conflicting sides expeditiously will hand over the wounded persons, hostages, war prisoners and dead bodies without any prior conditions.
6) The Russian Federation will render humanitarian assistance to the population affected by the conflict.  The Red Cross Organizations of three Sides will determine the procedure and distribution of humanitarian aid.
The representatives of Russian federation reaffirmed their readiness to carry out the role of mediator in the conflict settlement.
The participants of consultations consider that forthcoming meeting in Moscow on 3 September 1992 is an event of special importance.  Immediate cease-fire, normalization of the situation, unconditional protection of rights and freedoms of individuals will establish necessary preconditions for successful meeting.
Signed by: T. Kitovani, S. Shoigu, V. Ardzinba
Sochi, 29 August 1991
(G. Amkuab, T. Illarionova, Chronicle of the Undeclared War, Part I, p. 167-168)


MEMORANDUM On Boarders of South Ossetia
The name “South Ossetia” and “North Ossetia” representing the geographical definition of two parts of Ossetia in the Central Caucasus, has never expressed its political separation.
Being a part of the Russian Empire, Ossetia (from 1774) and East Georgia (from 1801) were subordinated to the empire administration, which was one for all its territories. In addition, the south part of Ossetia (South Ossetia) became the part of the province Tiflis, mainly due to absence of communications across passes between the two parts of Ossetia during the period of winter, which made its governance difficult from Vladikavkaz.
In 1856, the exarch of Georgia, Isidor, in his notes “On the Condition of Christianity in Ossetia”, composed for the Apostolic Synod, indicated that “Governance of Ossetia is divided into three parts. The largest part of the North Ossetia is subordinated to the superior of the military-okrug of Vladikavkaz, smaller part – Digorski Ossetians – to the superior of the center of the line, South Ossetia – to the superior of the mountain peoples and the okrug Java.” (ИГИА.ф.1268.оп.3 л.21-36).
Time by time, the fact of administrative entry of South Ossetia to the province of Tiflis was used by Georgian leaders as the basis for political claims on its territory. However, at that time, subordination of all parts of the empire to one law and one system of administration restrained the process of reunification of Ossetia.
As a result of the revolutionary upheavals in Russia in 1917, and the anarchy, which followed this process, the Georgian chauvinistic forces activated the attempts to annex South Ossetia and make it a part of the state, which was formed by Georgians from the parts of former Russian provinces. Territories of those provinces were formed and they acquired administrative independence only within the empire system, never having been formed as subjects of the state law before.
Ceaseless attempts of the Georgian leaders to annex South Ossetia were met with strong protest of Ossetian people and political organizations of all regions of South Ossetia with no exclusion. The protests intensified after 1917 and grew into armed revolt in various political centers of South Ossetia – Kornisi (1917). Tskhinval (1918), Java, Rukh (1920). The basis of this development was the Declaration of Rights of Peoples of Russia adopted by the Soviet of Peoples’ Commissariats dated November 2(15), 1917, which considered the rights of peoples of Russia to self-determination, even to separation and establishment of independent state. This very declaration of the rights became the basis of the process of unification of Russian provinces by Georgian Mensheviks, their withdrawal from the composition of Russia and, in 1918, making a declaration about founding the state (this very law became the basis for the draft Constitution of South Ossetian SSR on September 6, 1921, which was forcefully brought to the status of semi-colonial autonomous republic in 1922.
South Ossetia refused to leave the composition of Russia and did not participate in elections in the Georgian Parliament, demanding recognition of the right to free choice. On May 28, 19290, delegates and authorized heads of 17 committees “of semi-proletarian” South Ossetia confirmed in the “Memorandum on South Ossetia of CC RCP (B)” “the firm will of South Ossetia”: 1. South Ossetia is an integral part of Soviet Russia; 2. South Ossetia is a part of Soviet Russia on the general basis – DIRECTLY (highlighted in the original); 3. Indirect entry to the Soviet Russia through Georgian or other republics, even Soviet republic, is absolutely unacceptable to us, at any event.”
In response to this, on June 20, 1920, South Ossetia was exposed to armed aggression on the part of Menshevik leadership of Georgia and as a result of the most violent genocide the Ossetian population (18 thousand deceased and more than 50 thousand exiles to North Ossetia) was annexed.
Neither in 1920 nor before it there was any border between the two parts of Ossetia, i.e. legal border from the viewpoint of state law, backed by the relevant agreement. The borders of South Ossetia were first legally formed under the Decree of 1922 within North Ossetian AO transformed in 1991 into the republic pursuant to will of 72% of electorate.
Within 1990-1991, the Supreme Soviet of Georgian SSR denounced all agreements and legislative acts approved by Georgia during the Soviet period. As a result of this fact all legal basis of accession of South Ossetia to Georgia backed by the Constitution of Georgian SSR and USSR were lost, and Georgia lost the right to interfere into determination of borders between South and North Ossetia.
Abolition of the Constitution of Georgian SSR, which incorporated the legal guarantees of the territorial integrity of South Ossetian AO, does not represent the basis for the abolition of Republic of South Ossetia declared in accordance with the will of people of South Ossetian AO on the basis of its indefeasible right to self-determination, which has never been abolished by anybody. Abolition of South Ossetian AO by the Supreme Soviet of Georgia (elections where 72% of the population of SOAO who elected the Supreme Soviet of Republic of South Ossetia was boycotted) and genocide of the Ossetian people represent severe violation of world-recognized norms of law that guarantee sovereignty and safety of peoples, national-territorial formations, whose rights being strengthened everywhere.
At the present time, the border between South Ossetia and North Ossetia is not legally formed and there is no legal basis to establish it. Division of Ossetia during the Soviet period was the result of the geopolitical arbitrariness of Georgia’s leadership and Georgian (Stalin, Orjonikidze) Bolshevik leadership of the USSR. Furthermore, over the “mountain ridge”, the originally Ossetian territories of Kazbegi region went to Georgia, which makes the main argument of Georgia about “naturalness” of the border between Ossetia and Georgia “by watershed” absolutely unfounded too.
It was contemplated under the Agreement of May 7, 1920 concluded between Russia and Georgia to establish a “special joint border commission” until 1922 for determination and legal formation of the borders, including across “naro-mamison”, between Russia (North Ossetia) and Georgia (South Ossetia). However, in 1921, Georgia was sovietized and the “special” agreement on borders did not work. Even in the case of its signing, he agreement should have incorporate opinions of representatives of Ossetia as members of the “joint commission”, as the border was supposed to b established on the territory of Ossetia, which was inhabited by Ossetians along tens of kilometers on both sides of the Caucasus ridge.
It is well known that neither Soviet Russia nor the Menshevik Georgia was the subjects of the international law at the moment of signing the Agreement of May 7, 1920; in other words, they were not recognized by foreign states. Furthermore, the Agreement of May 1920 which pretended to have the status of an agreement on mutual recognition between two independent countries, was not ratified by the parliaments of the signatory countries, which deprives it of the status of inter-state agreement worked out in accordance with the recognized norms of the state law, which determined the fates of the whole nation. It cannot be used as the basis for the political division of the Ossetian nation on its historical territory.
The legal groundlessness of the Agreement along with other factors, is demonstrated in Article XVI which reads:
“The present Agreement shall become effective upon the very fact and moment of its being signed and shall not be subject to a special ratification….”
Can “the fact” and “moment of signing” be regarded as the law, or the expression of the will of the nations and states?! If besides the due and necessary ratification in such important cases there is a “special” ratification too, then this, anyhow, should not be regarded as a violation of elementary legal procedures of serious relationship between the states.
If we proceed from the adverse legal logic, them Uratadze and Karakhan, “with their own hands” can “make in two copies” not only annexation of South Ossetia!..
Just this fact explains the contradiction between the People’s Commissar of Foreign Affairs, G. Chicherin, expressing a harsh note of protest to Georgia in May 17, 1920 with regard to its aggression against South Ossetia, regarding it as “Unjustified interference into internal affairs of other country”, and his deputy, Karakhan, who, with his own hand, signed the agreement. Was not the Munich of 1939 “authographic” agreement? Or, is this the argument, which justifies crime?!
Division of Ossetia “across the ridge” gradually caused not only geographical, but also political division of Ossetia, which was based on imperial violence. This “border” is legally unfounded, and after abolishment of the Constitution of USSR and the Constitution of Georgian SSR, it became absolutely illegal as it did not have legal grounds based on the agreement.
Single citizenship of USSR and belonging to single political system within  the framework of USSR, excluded the political division of the Ossetian nation and did not create strong incentive for movement of Ossetians towards reintegration.
Current joint efforts of the administration of Russia and Georgia to carry out next division of Ossetia between each other is done, like during bolshevism, with full disregard to the historical realities , with severe violations of political and legal norms, which keeps the Ossetian nation under the conditions of permanent genocide. Plans for the current division of Ossetia represent a severe form of repression of the Ossetian nation, its spiritual genocide as it envisages to division of Ossetians in the structure of two states, which makes north and south parts of single nation aliens (strangers) to each other (!), which never was the case throughout the whole history of the Ossetian people, including the gloomy periods of feudalism and reign of Iranian and Persian Shahs in Georgia when South Ossetia managed to preserve its independence.
Attempts of the Georgian administration to carry out political division of the single ethnos shall be regarded as criminal from any point of view: political, legal and moral, and represent a genocide of the Ossetian nation done through military violence, which has been the case since 1989, for the second time after the genocide of 1920.
 The Supreme Soviet of Republic of South Ossetia recognizes integrity and indivisibility of the borders of  Republic of South Ossetia within the borders of South Ossetian AO.
The Supreme Soviet of Republic of South Ossetia once again confirms that there have been no borders between north and south parts of Ossetia during the whole history of the Ossetian nation beyond the Constitution of USSR and the Constitution of Georgian SSR. After the collapse of USSR and abolishment of the Constitution of USSR, all legal and contractual basis for existence of the border between North and South Ossetia were eliminated.
Establishment of these borders shall not be henceforward admitted without the participation of organs of state authorities of Republic of South Ossetia and North Ossetian SSR.
Adopted at the session of Supreme Soviet of Republic Of South Ossetia.
August 31, 1992
(Newspaper “Youzhnaia Ossetia”, # 86, 3 October 1992)


FINAL DOCUMENT OF THE MOSCOW MEETING
The President of the Russian Federation and the Chairman of the State Council of the Republic of Georgia having discussed the situation established in Abkhazia with participation of the leaders of Abkhazia, the North-Caucasus Republics, Regions and Districts of the Russian Federation, striving for the early introduction of cease-fire regime, overcoming the extreme critical situation and establishment of conditions for comprehensive political settlement in Abkhazia that has become the zone of military confrontation… considering inadmissible any violation of universal principles of territorial integrity of the states and inviolability of their frontiers, respecting the rights and freedoms of individuals, as well as the minority’s rights, agreed upon the following:
Article 1
- The territorial integrity of Georgia is to be secured.
- All armed formations participating in the conflict shall firmly observe cease-fire regime from 12.00h of 5 September 1992 and stop the usage of any force against each other.  At that the Sides commit themselves to refrain from any offensive actions before the cease-fire regime enters into effect.
Concurrently the Commission on controlling and inspection shall be set up composed of the representatives nominated by the authorities of Georgia, including Abkhazia, and the Russian Federation.  The Commission shall observe cease-fire and implementation of other provisions of this Agreement in compliance with elaborated procedures.
In order to fulfil their tasks the members of the Commission exercise disarmament, disbanding and withdrawal from Abkhazia all illegal military formations and groups, as well as prevent penetration of such groups into Abkhazia to assure stringent control along the whole perimeter of the conflict zone.
Once the cease-fire is implemented and the troops re-dislocated, the Commission shall monitor that the forces of the Republic of Georgia in the conflict zone shouldn’t exceed the agreed level necessary to fulfil the tasks of this Agreement (protection of railway and other determined objects).
The authorities of all levels shall expeditiously consider the recommendations of the Commission.
Article 2
Exchange of detainees, hostages, war prisoners and others shall be carried out before 10 September 1992 based on the principle “All for All”.
Article 3
The Sides shall prohibit and prevent any terrorist acts and taking in hostage and carry out effective measures to bring the perpetrators to justice.
Article 4
Immediate measures shall be taken to remove obstacles on the way of cargo movement, as well as services and persons that are engaged in lawful activities.  Regular and safe function of relevant land, air and maritime transport will be secured, as well as protection of borders.
The special attention will be attached to the security of certain portions of the Trans-Caucasus railway, including through establishment of joint mechanisms.
The Commission on Control and Inspection will provide necessary recommendations on this issue.
Article 5
The conditions for the return of refugees to the places of their permanent residence are being secured.  They shall receive the adequate assistance and aid.
The measures to find the missing persons and evacuate those willing to leave Abkhazia are being carried out.
Article 6
The effective measures shall be carried out to prevent any violation and plunder and bring the perpetrators to justice.
Article 7
The Sides will carry out measures to restore the regions and render the humanitarian assistance, including at the international level, to the population affected in conflict.  The Red Cross organizations, in coordination with the Commission on Control and Inspection shall determine the procedures of delivery and distribution of such assistance.
Article 8
The Sides confirm the necessity of observing the international norms in the sphere of human rights and minority rights, inadmissibility of discrimination of the rights of citizens with regard of ethnic, language or religion, securing of holding free democratic elections.
Article 9
The Troops of the Russian Federation, temporarily deployed on the territory of Georgia, including in Abkhazia, shall firmly observe neutrality and do not participate in internal conflicts.
All state authorities of Georgia, including Abkhazia, commit themselves to respect neutrality of Russian troops deployed there and prevent unlawful acts against military servicemen, members of their families and military property.
Article 10
The Sides will encourage resumption of functioning of legal organs in Abkhazia by 15 September 1992.
Article 11
The organs of power and management of the republics, regions and districts of the North Caucasus that are under the jurisdiction of the Russian Federation will take effective measures to prevent and avoid any acts from their respective territories that contravene the provisions of this Agreement.  They will facilitate the activities aimed at achieving peace in the region.  They will exert every effort to explain the population the provisions of this Agreement.
Article 12
The Sides appeal to the UN and the OSCE with request to support aforementioned principles of regulation and render assistance in their implementation, including detaching the mission on fact-finding and observers.
Moscow, 3 September 1992
On behalf of the Russian Federation B. Yeltsin
On behalf of Georgia E. Shevardnadze
Agreed: G. Khizha, A. Kozirev, P. Grachev, A. Mirzabekov, M. Magomedov, V. Kokov,
Kh. Kormokov, V. Saveliyev, V. Khubyev, S. Khetagurov, A. Galazov, A. Jamirov, V.
Ardzinba, K. Ozgan, T. Nadareishvili, T. Sigua, T. Kitovani, A. Chikvaidze, A. Tleuzh, V.
Diakonov, E. Kuznetsov, V. Choub.
3 September 1992
(www.un.org/russian)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF ABKHAZIA
The statehood of Abkhazia counts more than 12 centuries.  In 1810 Abkhazia voluntarily came under the protection of Russia as an independent entity and remained within its jurisdiction until 1917.
In 1918-1921 Georgian Democratic Republic, founded after collapse of Russian Empire, resorted aggression against Abkhazia and occupied its territory.
On 31 March 1921 Abkhazia was declared as an independent Soviet Socialist Republic (the Abkhaz SSR). and in February of 1922, on the basis of Union Treaty it was united with the Georgian SSR, that was a Federative Republic according to the Constitution of 1927 (Article 2).  In February of 1931, Stalin willfully reduced the status of the Abkhaz SSR to that of an autonomous republic within Georgia.  Though Abkhazia was a part of Georgia, it was a state having its Constitution, supreme bodies of legislative and executive power and possessed territorial sovereignty.  All these provisions were assigned in the Constitution of Georgia and Abkhazia of 1978 that regulated relation between the Abkhaz ASSR and the Georgian SSR.  In 1989-1990 Georgian authorities abolished all legal acts that determined the relation between Abkhazia and Georgia.  In this regard the Supreme Council of Abkhazia declared state sovereignty of Abkhazia in August of 1990.  In February of 1992 Georgia reinstated its 1921 Constitution of the Georgian Democratic Republic thus terminating the existence of the Soviet Socialist Republic of Georgia with which the Abkhaz ASSR had the state-legal relation.  Georgian Constitution of 1921 didn’t consider the Abkhaz ASSR.  As a fact, Georgia unilaterally ceased the legal relations with Abkhazia.  That’s why in July of 1992 Abkhazia had to reinstate the Constitution of 1925 on its territory that allowed for a treaty-based relation with Georgia.
In 14 August 1992 the Supreme Council of Abkhazia had to discuss the draft of an Agreement with the Republic of Georgia and exactly that day Georgia launched invasion of Abkhazia.  So, the day of invasion Abkhazia was a sovereign state and a subject to the International Law.
Considering then existing circumstances, detachment of troops of the State Council of Georgia to the territory of Abkhazia, in accordance of the definition of the UN, is an act of aggression…
Proceeding from the aforementioned, the Presidium of the Supreme Council of Abkhazia decrees:
To consider armed attack of the troops of the State Council of Georgia to Abkhazia in 14 August 1992 and occupation of the part of its territory as an aggression of Georgia against the Republic of Abkhazia.
Chairman of the Supreme Council of the Republic of Abkhazia  V. Ardzinba
16 September 1992
(Newspaper “Svobodnaia Abkhazia”, # 2, 1992)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF ABKHAZIA
On August 14 of 1992, armed troops of unlawfully established State Council of the Republic of Georgia, without prior notification, were dispatched to the Republic of Abkhazia that ceased capital city Sukhumi and occupied part of its territory.
From the very first of hours of invasion the troops of the State Council resort boundless terror and physical annihilation of 100 000 Abkhaz nation. They are ousting non-Georgian population from Abkhazia.  Mil­­itary helicopters, equipped with missile and bombs, as well as tanks and howitzers are used against the peaceful civilians.  The weapons of a mass-destruction “Grad” and others are widely used that are banned by the Geneva Convention of 1949.  The compact settlements of Abkhaz ethnic are being devastated, in particular the villages of Ochamchire and Sukhumi regions. Assassination of Abkhazs and establishment of unbearable condi­­­ti­­ons are aimed at annihilating the Abkhaz nation that comes under the definition of genocide of the 1948 Con­­vention “On Prevention of Offensive Genocide and Measures of Punishment for it”.  Georgian boeviks are kil­­ling children and women only for the ethnic affiliation. They are resorting torture, robbing and raping, including minors; houses, schools, hospitals, museums, recreation centers, administrative buildings are given to arson; the cultural and spiritual heritage of Abkhazia is being devastated.
The State Council of Georgia is not likely to hide its policy of genocide against the Abkhaz people.  On 15 August the chairman of the State Council of Georgia Ed. Shevardnadze on Georgian TV said: “Nothing stops us in fighting for the territorial integrity of our country as it always was done by our great ancestors “.  On 15 August the Commander of Georgian troops G. Karkarashvili declared in Abkhaz TV that he was ready to annihilate all the Abkhazs.  Thus we are witnessing a real plot aimed at genocide, direct aggression and offence that is defined as a crime by Article 3 of the 1948 Convention.  One of the goals of the ongoing aggression is to deprive the Abkhaz people of their historical statehood.  Current Georgian state, even not a member of the UN yet, violated the preamble and Articles 1 and 55 of the UN Charter that secures respect of a big and small nations and supplies the small people with a right of self-determination.
Proceeding from the aforementioned, the Presidium of the Supreme Council of the Republic of Abkhazia decrees:
To consider as an act of genocide of the Abkhaz people the mass-terror, physical annihilation, torture of war-prisoners and hostages resorted by the troops of the State Council of Georgia.
Chairman of the Supreme Council of the Republic of Abkhazia  V. Ardzinba
16 September 1992
(Newspaper “Svobodnaia Abkhazia”, # 2, 1992)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE RUSSIAN FEDERATION on the Situation in the North Caucasus in the Light of Events in Abkhazia
Due to the critical situation established in the North Caucasus and continued conflict in Abkhazia, the Supreme Council of the Russian Federation decrees:
1. To condemn the violent act committed by the leadership of the Republic of Georgia using forcible measures to solve the inter-ethnic problems and request Georgian authorities to terminate military operations, withdraw the armed formations from the territory of Abkhazia and respect the human rights.
2.  To realize that the measures, undertaken by the leadership of the Russian Federation aimed at regulating the conflict in Abkhazia yet failed to establish peace.  The Presidium of the Supreme Council of the Russian Federation, breaching Articles 108 and 114 of the Constitution of the Russian Federation, didn’t convene an extraordinary session of the Supreme Council of the Russian Federation upon the request of the Supreme Council of the Republic of Adygey and the Peoples’ Council of Krasnodar Region.  This fact made a negative impact to the developments in the North Caucasus region.
3.  To support the initiative of the president of Russian Federation on convocation of the meeting of the leadership of Russia, Georgia, Abkhazia, as well as the republics, regions and districts of the North Caucasus with an aim to secure unconditional cease-fire in Abkhazia, development of peace process, stabilization of the situation in the region and assistance to the refugees as was assigned at the Moscow Meeting of 3 September 1992.
4. To advise the President and the government of the Russian Federation:
- to discuss the issue on involvement of the contingents of Military forces of the Russian Federation as a peacekeeping forces for protection of the population and securing the operation of industrial enterprises and transport in the demilitarized zone of the conflict in conformity to the Final Document of the Moscow Meeting of 3 September 1992.
- to elaborate a package of measures on protection of the interests of Russian Federation along the state border in the North Caucasus region before 10 October 1992;
- to cease the process of transferring to Georgia the arms, military techniques and ammunition from the military units and establishments of the Russian Federation; to terminate transferring to Georgia the arms, military techniques and ammunition, as well as other supplies and raw materials for enterprises producing the weapons, military techniques and ammunition under previously concluded contracts;  to refrain from concluding economic agreements with Georgia until the regulation of the conflict in Abkhazia;
- to continue humanitarian assistance to the population in the conflict zone;
5.  The Chairmen of the Chambers of the Supreme Council of the Russian Federation, before 10 October 1992, shall set up standing commissions for operative study of the situation in the conflict zone and for performing the function of mediator.
6.  To consider necessary establishment of the international commission for investigation of facts of human rights violation on the territory of Abkhazia, estimation of material damages and assistance to return of all refugees in Abkhazia.
8.  The prosecutor General, the Ministry of Interior, the ministry of Defence of the Russian Federation shall carry out adequate measures to prevent the operation of illegal military formations on the territory of the north Caucasus.
The Supreme Council of the Russian Federation expresses its hope that all of the republics within the USSR will respect the international norms with regard of human rights assigned in the Universal Declaration of the Human Rights, International Treaty, Helsinki Final Document, Paris Charter for New Europe and other documents by CSCE and calls them for securing the human rights and the rights of ethnic minorities.
Chairman of the Supreme Council of the Russian Federation R. Khasbulatov
25 September 1992
(Journal “Dimplomaticheskiy Vestnik”, 1992, #  # 19-20, p. 24-25)


DECREE # 965 ISSUED BY THE GOVERNMENT OF THE REPUBLIC OF GEORGIA on Transferring the Sanatoriums, Recreation Houses and Summer Cottages under former Soviet and Soviet-Republican  Subordination to the State Chancellery of the Government of the Republic of Georgia
In accordance with Resolution ‘on the Status of Enterprises, Organizations and Institutions under the Union and Union-Republican Subordination Located on the Territory of Georgia’ of 15 September 1991 adopted by the Supreme Council of the Republic of Georgia, the Government of the Republic of Georgia decrees:
1. To transfer the sanatoriums, recreation houses and summer cottages under former Soviet and Soviet-Republican subordination, located on the territory of the Abkhaz Autonomous Republic, to the State Chancellery of the Government of the Republic of Georgia in accordance with the attached list.
2. To entrust the Ministry of  Economics, Ministry of Finance and the State Committee of State Property Management with the task of carrying out stock-taking of the property included in the attachment and submit proposals for material-technical and financial supply of the given sanatoriums, recreation houses and cottages.
Acting Chairman of the Government
- the Prime Minister of the Republic of Georgia T. Sigua
Acting Head of State Chancellery
of the Government of Georgia K. Gelashvili
Tbilisi, 30 September 1992
(Decrees Issued by the Cabinet of Ministers of the Republic of Georgia, Septemeber, Tb., 1992, p. 243/in Georgian)


DECREE ISSUED BY THE PARLIAMENT OF GEORGIA on the issue of Abkhazia
The Parliament of Georgia decrees:
1. Taking into consideration the fact that the Authorities of the Republic of Georgia and the Georgian faction of the Supreme Council of Abkhazia have repeatedly offered the leadership of Abkhazia to return to Sukhumi and fulfil their duties, but to no avail, the Parliament of Georgia takes the note of the correct decision taken by the wider society of Abkhazia on the creation of executive structure – Cabinet of Ministers of Abkhazia and appointment of Mr. Tamaz Nadareishvili as a Chairman of the Cabinet of Ministers of Abkhazia.
2. The Parliament of Georgia welcomes the decision made by the progressive part of the Abkhazian society on establishment of the Salvation Committee of Abkhazia.
3. To prolong the term of office of  Mr. Giorgi Khaindrava - the State Minister of Georgia on Abkhazian Issues and define its authority within the Government of Georgia.
4. To establish a Georgian Parliamentary Committee on Abkhazia that will continue working on the report presented by Mr. Eduard Shevardnadze - the Chairman of the Parliament of Georgia and the Head of State and taking into consideration information provided by Mr. Giorgi Khaindrava - the State Minister of Georgia on Abkhazian Issues - will present comprehensive parliamentary document and work out proposals on legal norms for a political status of Abkhazia.
Speaker of the Parliament of Georgia Vakhtang Goguadze
26 November 1992
(Bulletin of the Parliament of Georgia, 1992-1993, # # 1-4, p. 84-85)    


DECREE on restoration of certain original place-names of residential settlements of the Republic of Abkhazia, ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA
on the basis of proposals of the state commission on regulating the names of residential settlements of Abkhazia and proceeding from desire of population, as well as for the sake of restoration of historical justice, the Supreme Council of the Republic of Abkhazia Decrees:
To rename the following residential settlements of Abkhazia:
City of Sukhumi        as City of Sukhum
City of Tkvarcheli        as City of Tkuarchal
In Gagra Zone:
Gantiadi            as Tsandripsh
village Bagnari            as village Khishkha
village Veli            as village Chigurkha
village Kldekari            as village Amguashkhuda
village Mendeleevo        as village Agkhua
village Ipnari            as village Aspa
village Kolkhida        as village Psakhara
village Alpiyskoe        as village Achypsta
village Zemokhevi        as village Tsanguara
village Gruzinskoe Ushchelie    as village Akhukhshara
village Leselidze        as village Giarchipshch
village Salme            as village Psou
village Sulevo            as village psokhua
village Vashlovani        as village Mpaadrypsta
village Zegani            as village Pshanshchkha
village kldiani            as village Azripshch
village Mukhnari        as village Katsyrkha
village Salkhino            as village Lkyrkha
village Mikelripsh        as village Mkyalrupsh
village Domerchents        as village Khishkhripshc
village Tsabliani        as village Bagripsh
village Tsodinskari        as village Pkhysta
village Chanchkeri        as village Pianchakhu
village Vake            as village Arasadakha
village Imerkhevi        as village Akhurashkua
village Kheivani        as village Amzara
village Kultubani        as village Asabuley
village Tsalkoti            as village Lapstarkha
village Shafranovo        as village Khsyrkhu
village orekhovo        as village Arasakhu
village Grebeshok        as village Anykhansta
village Kholodnaia Rechka    as village Bagripsta
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
City of Gudauta, 4 December 1992
(Collection of the Legislative Acts of the Republic of Abkhazia. 3. Isuue, Sukhum, 1992, p. 94-95/in Russian)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE RUSSIAN FEDERATION on Implementation of the Decree issued by the Supreme Council of Russian Federation “on Situation in the North Caucasus in the Light of Events in Abkhazia” of 25 September 1992
The Supreme Council of the Russian Federation notes with deep concern that the measures, undertaken by the Russian Federation and conflicting sides aimed at regulating the conflict in Abkhazia still are not sufficient to reach any positive results.
Exacerbation of the situation, first of all connected with the brought down helicopter by terrorist with a large group of citizens on the board, mostly women and children, makes the Presidium of the Supreme Council of the Russian Federation to return to the question of discussing the conflict in that region that infringes on Russia’s interests.
Georgian side grossly violated achieved agreement on legal status of presence of Russian military formations on the territory of the Republic of Georgia.
Peace process effort of the contingent of the armed forces of the Russian Federation aimed at securing the protection of the population and operation of enterprises and transport in demilitarized zone of the conflict was not supported thus failing to use full potential for implementation of the task.
The Supreme Council of the Russian Federation decrees:
1. The president and the Government of Russian Federation shall:
- intensify effort for implementation of cease-fire regime in the conflict zone and separation of forces of conflicting sides;
- assure the security of citizens, first of all of the women and children in the conflict zone in compliance with the international norms;
- continue humanitarian aid to the population victims of the conflict, including the possibilities of the international community to support the refugees from the conflict zone, and if necessary, evacuate the civilians;
- pursue energetically efforts to prevent from penetration of illegal paramilitary formations and delivery of weapons to the conflict zone.
2.  To advise the President of the Russian Federation to charge the Ministry of Defence of the Russian Federation with a task of taking adequate responsive measures against terrorists and their bases in case of attacks to the humanitarian vehicles.
3.  The Ministry of Foreign Affairs shall inform the UN and the CSCE about terrorist groups acting against Russian transport means, evacuating refugees and also about the facts of attacks to the Russian military unites and the position of Georgian leadership towards these incidents.
4.  The Supreme Council of the Russian Federation urges the leadership of Georgia to launch criminal prosecution against those that are guilty in committing of terrorist acts.  The Prosecutor General of the Russian Federation shall inform the Supreme Council of the Russian Federation on adequate measures undertaking together with the Georgian side.
5. The Government of the Russian Federation shall submit to the Supreme Council of the Russian Federation proposals on possible sanctions against Georgia in case it fails to carry out necessary measures for ensuring the protection of citizens and the property of Russian Federation on the territory of Georgia.
Chairman of the Supreme Council of the Russian Federation R. Khasbulatov
25 December 1992
(Bulletin of the Congress of the People’s Deputies of the RF and the Supreme Council of the RF, 1991, # 52, p. 184-185)


1993
DECREE ISSUED BY THE SUPREME COUNCIL OF THE NORTH OSSETIAN SSR On Appeal  of the Supreme Council of the Republic of South Ossetia to the People’s Deputies of the North Ossetia
Having heard and discussed the Appeal of the Supreme Council of the Republic of South Ossetia to the people’s Deputies of the North Ossetia, the Supreme Council of the Republic of North Ossetia Decrees:
1. To endorse the proposal of the Supreme Council of the Republic of South Ossetia on establishing Inter-parliamentary standing commission on elaboration of concept for socio-economic and cultural integration of the North Ossetian SSR and the Republic of South Ossetia.
2. To entrust the Commission with the task of proposing the draft-concept on socio-economic and cultural integration of the North Ossetian SSR and the Republic of South Ossetia.
Chairman of the Supreme Council of the North Ossetian SSR A. Galazov
13 January 1993, Vladikavkaz
(Newspaper “Severnaia Ossetia”, # 15, 29 January 1993)


COMMUNIQUE on the Results of Working Visit of the Chairman of the Council of Nationalities of the Supreme Council of the Russian Federation Abdulatipov R.G. and the Deputy Chairman of the Government of the Russian Federation Shakhrai S. M. in the Republic of Georgia.
In the course of frank and constructive negotiations of the Russian delegation with the Head of Georgian State, leadership of the Parliament and the Government, both Russian and Georgian sides confirmed that the existing in Georgia acute ethno-political conflicts, as a result of which hundreds of people have been killed and are still being killed, have extremely negative impact on all spheres of lives of people residing in Georgia, deteriorate the current state of Russian-Georgian relations and make bleak their perspectives. There can be no doubt that the existing tensions in inter-ethnic relations in Georgia- in the zone of Georgian-Ossetian conflict and in Abkhazia, have destabilizing impact on political, economic and social situation in Russia and the Republics of Northern Caucasus, because tens of thousands of refuges of different ethnic groups found themselves homeless and are condemned to material and spiritual sufferings.
The Parties agreed that solution of the existing painful problems in Georgia and the Caucasus in general, including the Russian Federation, calls for unitary, in advance agreed-upon approach. They are genuinely concerned due to the deterioration of relations between the two neighboring states and are trying to demonstrate maximum possible restraint, in order not to prevent further deterioration of these relations.
Time, blood, death and sufferings of thousands of people had proved many times that ethno-political problems and conflicts could not be solved by force, especially when it comes to war. Application of violent means tends to further deepen and complicate such conflicts, therefore supporting and strengthening ultra extremist forces that are bringing the nations to catastrophe.
Both Russian and Georgian sides do believe that solution of existing contradictions in the sphere of inter-ethnic and inter-State relations in the Caucasian region, genuine peace and concord between the peoples and their well-being call for joint, concerted efforts of all interested states- Azerbaijan, Armenia, Georgia and Russia. To be sure, these efforts will be even more productive, if representatives all sides involved in the conflicts in Georgia, as well representatives from Northern Caucasian Republics, Krays and Oblasts of the Russian Federation, play active role in these efforts. To this end, the Russian side has put forward a proposal to organize a similarly to that high level meeting within the framework of one of forthcoming meetings of the Coordination Council of North Caucasus.
The sides favored settlement of the conflict in Abkhazia by peaceful, political means, prompt resumption of negotiation process with due respect to the realities brought about by the Moscow agreement signed on September 3, 1992. Due to this very reason, they deemed it expedient to resume activities of the Control-Inspection Commission on Cease-Fire and Settlement of the Conflict. At the same time, it was deemed by the sides as unacceptable to allow armed formations of the conflicting parties to participate in the work of the commission.
In the course of negotiations, representatives of the Russian delegation expressed their belief that if the Georgian leadership undertook decisive and effective measures aimed at protection of legitimate rights of Russian military personnel stationed in Georgia, as well as rights of ethnic and religious minorities, securing save and timely return of refugees belonging to different ethnic groups to their homes, including to the zone of Georgian-Ossetian conflict, to Abkhazia and other internal regions of Georgia, such actions on the part of Georgian leadership would surely contribute to improvement of the relations between Georgia and Russia.  That would create solid guarantees for normal peaceful life.
The Georgian side believes that settlement of many conflict-related problems, including the problem of return of refugees, is contingent on disarmament of all illegal armed formations active in conflict zones, and deems it essential to decide on withdrawal of Russian military units from the conflict zones, to improve the effectiveness of peace-keeping forces that were set up on the basis of the Sochi agreement and believes that these forces should be involved in protection of Russian-Georgian border in the zone of Georgian-Ossetian conflict.
Both Georgian and Russian sides expressed their firm conviction that principles of peace, good neighborly relations and cooperation shall serve as solid foundation for relationship between the Russian Federation and the Republic of Georgia and surely, conclusion of an inter-state framework agreement, agreement on the status of Russian military units and border guards stationed in Georgia, further expanding and development of inter-Parliamentary links would greatly contribute to better cooperation between our States.
On behalf of the Russian Federation R. Abdulatypov, S. Shakhrai
On behalf of the Republic of Georgia R. Gotsiridze, V. Rcheulishvili, A.    Kavsadze
18 February 1993
(Newspaper “Sakartvelos Respublica”, # 38, 25 February 1993)                     


DECREE ISSUED BY THE PARLIAMENT OF GEORGIA on the Presence of Russian Military Units on the Territory of Abkhazia
The Parliament of Georgia decrees:
1. Further presence of Russian military units on the territory of Abkhazia is deemed unacceptable.
2. To entrust the Chairman of the Parliament of Georgia - Head of State with a task of carrying out negotiations with the President of the Russian Federation on withdrawal of Russian military units from the conflict zone.
Deputy Speaker of the Parliament of Georgia    R. Beridze
25 February 1993
(Bulletin of the Parliament of Georgia, 1993, # # 1-4, p. 362)


DECREE ISSUED BY THE PARLIAMENT OF GEORGIA on Communiquй “Results of Working Visit of Chairman of the Council of Nationalities of the Supreme Council of the Russian Federation Abdulatipov R.G. and the Deputy Chairman of the Government of the Russian Federation Shakhrai S.M. in the Republic of Georgia” signed on 18 February 1993
Having considered the communiquй on “Results of Working Visit of Chairman of the Council of Nationality of the Supreme Council of the Russian Federation Abdulatipov R.G. and the Deputy Chairman of the Government of the Russian Federation Shakhrai S.M. in the Republic of Georgia” signed on February 18, 1993, the Parliament of Georgia
Decrees:
1. To deem the position taken by the Georgian delegation on a number of issues during the negotiations with the Russian delegation as deficient, that found its reflection in the joint communiquй.
2. To deem unacceptable the existence of ambiguous provisions in the communiquй relating to the Georgian-Russian agreement signed on 3 September 1992 in Moscow.
3. To deem it mandatory to strictly follow protocol norms during international negotiations and signing agreement. These norms were ignored during the preparation stage of the aforementioned document.
4. Proceeding from the aforementioned, to repudiate the communiquй on “Results of Working Visit of Chairman of the Council of Nationality of the Supreme Council of the Russian Federation Abdulatipov R.G. and the Deputy Chairman of the Government of the Russian Federation Shakhrai S.M. in the Republic of Georgia” signed on February 18, 1993.
5. To entrust the Ministry of Foreign Affairs of Georgia with a task of informing the Russian Authorities with this decree of the Parliament of Georgia.
Speaker of the Parliament of Georgia V. Goguadze
4 March 1993
(Bulletin of the Parliament of Georgia, 1993, # # 5-8, p. 22-23)  


DECREE ISSUED BY THE SUPREME COUNCIL OF THE NORTH OSSETIAN SSR on Recognition of the Republic of South Ossetia
Based on the undeniable right of every nation to self-determination and proceeding from the Concept of social-economic development adopted by the Supreme Council of the North Ossetian SSR and the Supreme Council of the Republic of South Ossetia, taking into account the unity of the ethnic, territory, historical, cul­­t­­ural and spiritual unity of the Ossetian People, the Supreme Council of the North Ossetian Soviet Socialist Re­­public decrees:
1. To recognize the Republic of the South Ossetia.
2. To inform the Supreme Council of the Russian Federation, the President of the Russian Federation, the Parliament of the Republic of Georgia, the Supreme Council of the Republic of South Ossetia on the fact of recognition of the Republic of South Ossetia.
Chairman of the Supreme Council of the North Ossetian SSR A. Galazov
6 March 1993
(Archive of the OSCE Mission in Tbilisi)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE RUSSIAN FEDERATION on Decree of the Supreme Council of the North Ossetian SSR “on Recognition of the Republic of South Ossetia”
Having discussed the information of the Commission of the Council of Nationalities of the Supreme Council of the Russian Federation on national-state arrangement and international relations on the situation established due to the Decree issued by the Supreme Council of the North Ossetian SSR “on Recognition of the Republic of South Ossetia” of 6 March 1993, the Presidium of the Supreme Council of the Russian Federation decrees:
To enter on the agenda of the Supreme Council of the Russian Federation in March of 1992 the issue regarding the Decree issued by the Supreme Council of the North Ossetian SSR of 6 March 1993 “on Recognition of the Republic of South Ossetia”.
Chairman of the Supreme Council of the North Ossetian SSR  R. I. Khasbulatov
22 March 1993
(Bulletin of the Assemblies of the Peoples’ Deputies of the RF and the Supreme Council of the RF, M., 1993, # 14, p. 833)


DECREE ISSUED BY THE PARLIAMENT OF GEORGIA on Necessary Measures to be Taken to Protect Life and Ensure Security of Peaceful Population in the Armed Conflict Zone
On the part of territory of Georgia, in Abkhazia, controlled by the Gudauta separatist regime with the support of Russian military forces, the policy of ethnic cleansing, assuming the characteristics of genocide directed against the Georgian civil population and civilians of other nationalities is being carried out.
In order to rescue the lives of peaceful population, the Parliament of Georgia decrees:
1. To entrust the Council of National Security and Defense of Georgia with a task of setting up, within the shortest possible time framework, an extraordinary commission on helping peaceful population, hostages and prisoners of war, and this commission, together with the Ministry of Defense’s commission on prisoners of war, shall set out and implement effective measures aimed at solution of the problems within their jurisdiction. If necessary, in order to secure physical survival of people, temporarily evacuate the peaceful population from the territories under the control of Gudauta separatist regime.
2. In order to better understand the situation and work out concrete action-plan and measures to be taken, to dispatch to Abkhazia, without undue delay, delegation composed of members of the Parliament of Georgia, the Council of National Security and Defense and members of the Cabinet of Ministers of the Republic of Georgia under the leadership of Mr. Aleksandre Kavsadze - Chairman of the Committee on Human Rights and Inter-Ethnic Relations.
3. Without any delay and in order to put an end to the aggression, to draw the attention of international organizations and world community to the facts of genocide taking place on the part of territory of Georgia with the participation of foreign country.
4. The Council of National Security and Defense and the Cabinet of Ministers of the Republic of Georgia shall undertake all the necessary measures for securing save and timely return of forcefully displaced civilians to their permanent residences and shall create conducive environment and conditions to this end.
Speaker of the Parliament of Georgia V. Goguadze
1 April 1993
(Bulletin of the Parliament of Georgia, 1993,  # # 5-8, p. 105-106)


PROTOCOL of Negotiations Between the Governmental Delegations of the Republic of Georgia and the Russian Federation
On 6-9 April 1993, negotiations between the Governmental Delegations of the Republic of Georgia - headed by the Prime Minister Mr. T. I. Sigua, and the Russian Federation –headed by the Minister of Defence P. S.  Grachev ware held in Sochi.
The Parties to the conflict, seeking to put an end to the dragged out bloodshed and to take a constructive step towards settlement of the conflict in Abkhazia and proceeding from the provisions of the Final Moscow Document of 3 September 1992, expressed their strong determination to immediately and without any preconditions, introduce a cease-fire regime and denounce usage of military force against each other, and the Parties believe that such steps would pay the way for the transitional period, in the course of which a number of confidence-building measures between the opposing Parties will be elaborated and implemented.
Any settlement of the conflict should envisage the commitments not to resume hostilities, undertaken by the Parties to the conflict, and denounce any military offence and building of utilities of military infrastructure.
The Commission for Control and Inspection in Abkhazia (CCI), composed of representatives appointed by the Georgian Authorities, including the Abkhazian ones, and the Authorities of the Russian Federation, shall resume their activities. The Commission guarantees compliance with the cease-fire regime.
Immediate de-mining, restoration of destroyed, as a result of hostilities, segments of railways and highways, shall be monitored and promoted by the Commission, as well as securing safe access to them and their proper functioning.
A special group shall be set up within the jurisdiction of the Commission, which shall address the issues related return and accommodation of refugees and internally displaced persons.
The population that suffered as a result of the conflict shall be rendered a humanitarian aid.
A number of measures, aimed at strengthening the fight against criminal underworld and protection of human rights of ethnic minorities, shall be undertaken in full conformity with the international law.
The Russian Side declared about its readiness to discuss these and other issues with representatives of Abkhazia. In particular, issues related to conservation of seismic and other scientific equipment located in the Eshera laboratory #24, shall be addressed during the meetings with representatives of Abkhazia. The Laboratory with a radius of 200 meters from the center, occupies 1250 square meters and is a access-restricted zone and to be protected through application of engineer and military-technical means. The Russian side believes that security in this zone should be guaranteed by mixed Russian, Georgian and Abkhazian military contingent, number of personnel of which should be agreed upon in advance.
From the point of view of the Georgian side, it is essential to carry out the process of withdrawal of Russian military unit that protects the seismic laboratory located in the conflict zone.
The Parties to the conflict pledge do not undertake offences in the zone where the laboratory is located.
Within the context of settlement of the conflict in Abkhazia, the presence of Georgian and international observers in the zone of Bombora military airdrome shall be positively decided upon.
The Parties to the conflict shall undertake additional effective measures in order to prevent infiltration into the conflict zone of illegal military formations, individuals, weapons and ammunitions.
These and other problems need to be addressed in detail by representatives of Georgia, Abkhazia and Russia in the course of negotiations, in order to pave the way for a new Summit within the format of the Final Document adopted on September 3, 1992.
The Russian and Georgian sides spoke in favor of more active involvement of the United Nations and the OSCE in the conflict settlement process.
As far as the Georgian-Ossetian conflict is concerned, the Delegations agreed to render support the OSCE endeavors aimed at setting going the dialogue between the Parties to the conflict, in order to secure a peaceful and comprehensive settlement of the conflict.
The Sides failed to reach an agreement on a number of issues that have been discussed in the course of negotiations. Among such issues was an issue of presence of Russian military units in Gudauta. Consultations on the aforementioned and other issues shall be continued in the future.
Head of the Governmental Delegation of the Republic of Georgia T. I. Sigua
Head of the Governmental Delegationof the Russian Federation P. S. Grachev
9 April 1993
(Personal archive of the author)


DECREE ISSUED BY THE PARLIAMENT OF GEORGIA on Withdrawal of Russian Military Units from the Conflict Zone in Abkhazia
Taking into consideration that:
The contingent of Armed Forces of the Russian Federation stationed on the territory of Abkhazia are actively involved in military actions against the Republic of Georgia and the Supreme Council of the Russian Federation have adopted a number of resolutions that have grossly violated the sovereignty of the Georgian state,
Russia had violated the Moscow Agreement of September 3, 1992, and as a result of obstructionist position taken by the Russian delegation during the negotiations in Sochi, negotiations between Russia and Georgia yielded no tangible results; The Russian side has repeatedly ignored the legitimate claims of the Georgian side on withdrawal of Russian Military units from the territory of Abkhazia, which is under control of Russian troops and the Abkhaz separatists and where facts of ethnic cleansing of Georgian populations occurred. These claims were laid down in the statements and decrees issued by the Head of the Georgian State and the Parliament of Georgia (17 December 1992, 25 February, 16-18 March, 1 April 1993 and others).
The Parliament of Georgia, believing that root cause of the tragic events unfolding in Abkhazia, Georgia is the Russian Federation’s attempt to annex a part of the territory of Georgia, decrees:
1. The Head of State of Georgia shall appeal to the President of Russian Federation to withdraw Russian Troops from Abkhazia.
The Parliament of Georgia hopes that the President of Russian Federation, having achieved a substantial success in the referendum held on 25 April 1993, will apply the power entrusted to him and very soon will take a decision on withdrawal of troops from Abkhazia.
2. In case of non-implementation of this demand, to consider the Abkhaz conflict zone-north-west to the river Gumista up to the Russian-Georgian border as a territory occupied by the Russian Federation. In this regard, the Head of State of Georgia, Minister of Foreign Affairs of the Republic of Georgia, Representative of the Republic of Georgia to United Nations shall bring to the attention of the UN Security Council and other international organizations the issue of bringing into motion of those mechanisms and legal instruments provided by the international law.
Speaker of the Parliament of Georgia V. Goguadze
27 April 1993
(Bulletin of the Parliament of Georgia, 1993, # # 5-8, p. 135-137)


DECREE ISSUED BY THE COUNCIL OF NATIONALITIES OF THE SUPREME COUCNICL OF THE RUSSIAN FEDERATION on implementation of the Decree issued by the Supreme Council of the Russian Federation “on the situation in the North Caucasus in connection with the events in Abkhazia” of 25 September 1992 and “on implementation of the Decree issued by the Supreme Council of the Russian Federation “on the situation in the North Caucasus in connection with the events in Abkhazia of 25 September 1992” of 25 December 1992
Having discussed the implementation of the decree issued by the Supreme Council of the Russian Federation “on the situation in the North Caucasus in connection with the events in Abkhazia” of 25 September 1992 and “on implementation of the Decree issued by the Supreme Council of the Russian Federation “on the situation in the North Caucasus in connection with the events in Abkhazia of 25 September 1992”, the Council of nationalities of the supreme Council of the Russian Federation notes that the measures undertaken by the federal authorities aimed at termination of military conflict in Abkhazia destabilizing public-political situation in the North Caucasus, failed to reach expected results.
The recommendation of the Supreme Council of the Russian Federation to stop transferring of weapons, military technique and ammunitions to the Georgian side before regulation the conflict also is not implemented.
Still the standing commission of the people’s deputies of the Supreme Council of the Russian Federation, set up for investigation of facts of human rights violation on the territory of Abkhazia is not operating.
The leadership of Georgia, taking advantage of the inconsequence of conduct of the federal agencies of the Russian Federation in Abkhazia, uses forcible measures accusing Russian in violating of neutrality.
All the aforementioned leads to the large-scale military operation in the region and increases discontent of the population of the North Caucasus and Cossacks making them demand more radical actions from the government.
The Council of Nationalities of the Supreme Council of the Russian federation decrees:
1. Reaffirming its adherence to the political methods of settlement of the inter-state and inter-ethnic problems, welcoming the Appeal of the Supreme Council of the Republic of Abkhazia to the Supreme Council of the Russian Federation of 23 March 1993 on willingness of the people of Abkhazia to join or come under the protectorate of the Russian Federation, striving for peaceful regulation of the conflict in Abkhazia, and in order to secure stability in the North Caucasus - advises the President of the Russian federation and the Government of the Russian Federation to intensify the talks with the leadership of the Republic of Georgia on the appeal of the Supreme Council of the Republic of Abkhazia to the Supreme Council of the Russian federation aimed at normalization of the situation in Abkhazia and protecting of human rights and rights of nations on self-determination based on the norms of the International law.
2. To recognize that the measures, undertaken by the government of the Russian Federation on implementation of the decree issued by the Supreme Council of the Russian Federation “on the situation in the North Caucasus in connection with the events in Abkhazia” of 25 September 1992 and the decree of the Supreme Council of the Russian Federation “on implementation of the decree issued by the Supreme Council of the Russian Federation “on the situation in the North Caucasus in connection with the events in Abkhazia” of 25 September 1992" of 25 December 1992 are not sufficient.
To advise the President and the government of the Russian Federation to carry out additional measures for implementation of the mentioned decrees.
To continue humanitarian aid to the population in the conflict zone.
3. The Chairman of the Council of nationalities of the Supreme Council of the Russian Federation, in cooperation with the parliament of the Republic of Georgia and the Supreme Council of the Republic of Abkhazia shall secure the operation of the standing commission of the people’s deputies of the Supreme Council of the Russian Federation entitled to carry out the function of mediator.
4.  The Committees of the Council of Nationalities of the Supreme Council of the Russian Federation on Foreign Affairs and Foreign-economic Relations, on Inter-state Relations, Regional Policy and Cooperation. on Human Rights - shall establish contacts with the missions of the CSCE and the UNO in Georgia in order to determine material damage to the population and public economics and to facilitate the return of refugees.
5.  The Council of nationalities of the Supreme Council of the Russian Federation appeals to the parliament of Georgia to carry out the control on the investigation of the criminal acts against Russian military servicemen and their families, as well as the objects at the possession of the Russian Federation on the territory of Georgia.
The Council of Nationalities of the Supreme Council of the Russian Federation calls upon the Parliament of the Republic of Georgia and the Supreme Council of the Republic of Abkhazia to give realistic assessment to the established situation and pursue the peaceful and fair resolution of the conflict based on the protection of human rights of all nationalities.
Chairman of the Council of Nationalities
of the Supreme Council of the Russian Federation R. G. Abdulatypov
30 April 1993
(Bulletin of the Assemblies of the RF and the Supreme Council of the RF, 1993, # 20, p. 1214-1215)


COMMUNIQUE  On Russian-Abkhaz Consultations
On 5-6 May 1993, the Russian-Georgian consultations on the issue of settlement of the armed conflict in Abkhazia took place in the town of Maykop.
The Russian Delegation was headed by Mr. B.N. Pastukhov Deputy Minister of Foreign Affairs of the Russian Federation, the Abkhaz Delegation was headed by Mr. S.R.Jinjolia – Deputy Chair of the Supreme Council of Abkhazia.
Participants of the consultation meeting were welcomed by Mr. A.A.Jamarov – President of the Republic of Adigea.
Carrying out the functions of mediator, the delegation of the Russian Federation informed the representatives of Abkhazia about results of negotiations between the representatives of Russian and Georgian delegations, that took place on 6-9 April in the city of Sochi. At the negotiations, the Russian delegation was headed by Mr. P.S.Grachev- Minister of Defense of the Russian Federation, and the Georgian Delegation was headed by Mr.T.I.Sigua- Prime Minister of the Republic of Georgia.
The Abkhaz side, expressing on principal issues agreement with provisions of the Sochi Agreement on necessity to put an end to hostilities and to find lasting and comprehensive solution to the conflict, at the same time presented withdrawal of military formations of the Republic of Georgia from the conflict zone as a necessary precondition for any peaceful settlement, except for minimum number of military forces necessary for protection of strategically important utilities, as a part of tripartite forces that would act within the jurisdiction of the Control Commission on Abkhazia.
Participants of the meeting emphasized the necessity for a new meeting at the highest level within the format of Final document adopted in September 1992. Such a meeting should be preceded by intensive work and consultation of experts. The participants touched upon those issues that might be reflected in such a meeting.
Representatives of Abkhazia expressed their satisfaction with regard the readiness of the Russian side to offer humanitarian aid to the starving and suffering population, irrespective of their ethnic origin and religious affiliation, trapped in the conflict zone. An agreement has been reached on necessity to take immediate and concerted steps aimed at removal of threat of explosion of gas methyl hydride in the Tkvarcheli mines.
Participants of the meeting expressed their gratitude to the leadership of the Republic of Adigea for providing good conditions for the meeting.
Maykop, 6 May 1993
(Personal Archive of the Author)   


RESOLUTION ADOPTED BY THE SECOND CONGRESS OF THE OSSETIAN PEOPLE
The Second Congress of the Ossetian people has been convened in the situation of deep political, social-economic and cultural crisis.  Permanent threats from south and east pose the real wide-scale conflicts endangering not only the territorial integrity of the North and South Ossetia, but also the historical prospective of the Ossetian people.
(...)
Base on the resolution of the First Congress of the Ossetian people, the Second Congress decrees:
(...)
- to reaffirm historical expediency of joining of the unified Ossetia to Russia;
(...)
- to establish defence system of Ossetia in order to ensure protection of the population obtaining the military units of the Republic under the jurisdiction of the state law-enforcement agencies;
- to consider the programme adopted by the parliaments of the North and South Ossetia on economic and cultural integration as an important instrument on the way of development of Ossetia’s statehood;
- to consider inadmissible further procrastination of elaboration and implementation of the complex programme for regulation the problems of refugees;
(...)
- to establish unified energy system aimed at further economic integration of the South and North Ossetia;
- to establish unified cultural environment of the South and North Ossetia through coordinating all cultural and language programmes.
(...)
Vladikavkaz, 21-22 May 1993
(Newspaper “Severnaia Ossetia”, # 108, 8 June 1993)   


RESOLUTION 849 (9 July 1993) adopted by the Un Security council
The Security Council,
Having considered the report of the Secretary-General of 1 July 1993 (S/26023 and Adds.2),
Recalling the statements made by the President of the Security Council on 10 September 1992, 8 October 1992 and 29 January 1993 concerning the situation in Abkhazia, Republic of Georgia (S/24542, S/24637 and S/25198),
Recalling the Moscow Agreement of 3 September 1992 (S/24523),
Endorsing the approach set out in the Secretary-General’s letter of 5 May 1993 to the President of the Security Council (S/25756),
Noting with concern the recent intensification of fighting around Sukhumi,
Reaffirming the statement made by the President of the Security Council on 2 July 1993 (S/26032), which called in particular on all parties to respect the cease-fire agreement of 14 May 1993,
Stressing the importance it attaches, in the context of the deployment of military observers, to the existence and implementation of a cease-fire and a peace process with the effective involvement of the United Nations,
1) Notes with appreciation the observations contained in the Secretary-General’s report;
2) Requests the Secretary-General to send his Special Envoy to the region to assist in reaching agreement on the implementation of the cease-fire, and to begin immediately the necessary preparations, including contacting Member States which may be able to make observers available and sending a planning team to the area, for the dispatch of 50 military observers to Georgia once the cease-fire is implemented;
3) Further requests the Secretary-General to notify the Council, for its decision, when the cease-fire has been implemented and in his view conditions permit the deployment of the observers, and to make recommendations at the stage for their mandate, and declares its readiness to act expeditiously upon such notification;
4) Welcomes in this context the Secretary-General’s continuing efforts to launch a peace process involving the parties to the conflict and with the participation of the Government of the Russian Federation as a facilitator.
5) Supports the Secretary-General’s continuing cooperation with the Chairman-in-Office of the Conference on Security and Cooperation in Europe (CSCE) in their efforts to bring peace to the region;
6) Calls on the Government of the Republic of Georgia to enter expeditiously into discussion with the United Nations on a status of forces agreement to facilitate early deployment of observers when the Council so decides;
7) Decides to remain seized of the matter.
(www. un. org/docs)


AGREEMENT on ceace-fire and the mechanisms of  its implementation in abkhazia
The representatives of the conflicting sides  with the mediation of the Russian Federation agreed upon the following:
1. The conflicting sides resume the regime of cease-fire and non-resumption of hostilities against each other agreed on 20 May of this year from 12.00h of  28 July 1993.
Usage of aviation, artillery, navigation and other military equipment is strictly prohibited.
The additional forces shall not be dispatched to the conflict zone (on the territory of Abkhazia); the mobilization shall not be announced; military equipment and ammunition shall not be delivered without agreement, as well as the construction of objects for military infrastructure.
2. Georgian-Abkhaz-Russian interim monitoring groups (3-9 people) shall start operation from 29 July 1993. The sides shall agree the composition and personnel of the groups.
Interim monitoring groups shall observe cease-fire regime.  They will be dislocated in Sukhumi, Gulripshi, Ochamchire, Gudauta, Novi Afon, Tkvarcheli, Gagra and Gali, an if necessary, upon agreement of the sides, such groups will be dislocated in other places as well.  The monitoring groups are authorized to enter any place of the conflict of their interest after informing the sides about their intention.  The conflicting sides shall secure protection of monitoring groups and provide them with adequate living conditions and means of transportation.
The monitoring groups may consider appeals of citizens on different issues.
After arrival of International observers, interim monitoring groups are to establish close cooperation with them.
3. The sides of the conflict commit themselves to prevent any violation of the cease-fire agreement and take immediate and effective measures to implement the recommendations and suggestions of the monitoring groups.
The UN and the OSCE shall be informed about the breach of commitments pledged by the sides under this Agreement.
4. The joint Commission on conflict settlement shall be set up before 5 August 1993. Its Regulations shall be approved by the Sides. The participation of the UN and the OSCE representatives will be agreed upon with the Sides to the conflict.
5. The sides shall consider necessity of inviting international observers and peacekeepers to the conflict zone. If the sides agree, the number of peacekeepers and structure shall be determined through the consultations with the UN Secretary-General and the Security Council.
6. Stepwise demilitarization shall be implemented.
Immediate delivery of international observers is carried out and in 10-15 days after cease-fire is in force, the Georgian military formations shall be withdrawn from the territory of Abkhazia.
Concurrently all armed formations, groups and individuals shall be withdrawn from the conflict zone.
In accordance with the Moscow Final Document signed on 3 September 1992, the Unit of Interior Forces of Georgia shall be created from the local population in the conflict zone in order to protect rail and motor roads and important objects. The unit will be accommodated in barracks.  Later on  this unit will be included in the multinational Internal Troops of Abkhazia.
Armed formations of Abkhazia will be included in the Regiment of Interior Troops that will exercise the barracks regime of operation and perform the function of internal troops until comprehensive settlement of the conflict (Protection of rail and motor roads, protection of important objects).
All of these activities are carried out under the strict control of the Joint Commission.
Since the cease-fire regime is observed, the multinational militia shall be created to maintain public order in the conflict zone; the number of personnel will be decided by the sides.
The International peacekeeping forces will be used to observe cease-fire and protect public safety, as well as the Russian military contingent deployed in Abkhazia upon the consultations with the UNO.
The Sides to the conflict shall secure protection of multi-ethnic population.
The measures for returning of refugees to the places of their permanent residence will be carried out.  In order to solve the problems relating to the refugees the Joint Commission shall set up special group.
7. Russian military troops, temporary deployed on the territory of Abkhazia, keep the strict neutrality.
The status of temporary presence of the Russian military troops and border troops, the conditions of their withdrawal and terms shall be determined by certain documents.
The Sides shall secure protection of the Russian military servicemen and their families.
8. The Sides shall comply with local laws and regulations and shall not impede the functioning of the local administration pursuant to the Moscow Final Document signed on 3 September 1992.
9. The Sides to the conflict shall continue negotiations under the aegis of the United Nations with the facilitation of the Russian Federation aimed at comprehensive settlement of the conflict in Abkhazia.
The agreement shall reflect conflict zone demilitarization and establishment of peace as well as the investigation of crimes, crimes against humanity and serious criminal offences as defined by international law and bring the perpetrators to justice.
10. The Sides hereby commit themselves not to use the provisions of this Agreement, cease-fire regime - for the actions that may damage the interests of the Sides.
On behalf of Georgia V. Goguadze
On behalf of Abkhazia S. Jinjolia
On behalf of Russian Federation A. Kozirev
27 July 1993
(www.un.org/russian)


DECREE ISSUED BY THE COUNCIL OF MINISTERS - THE GOVERNMENT OF THE RUSSIAN FEDERATION on urgent measures on Implementation of the Agreement on Cease-fire in Abkhazia and the Mechanisms of the control over its implementation of  27 July 1993
In accordance with the Order issued by the President of the Russian Federation of 29 July 1993, and in order to secure the implementation of the Cease-fore Agreement of 27 July 1993,
the Council of Ministers - the Government of the Russian Federation decrees:
1. To approve the attached list of the composition of the Russian part of the Joint Commission on Regulation in Abkhazia (hereinafter Joint Commission).
2. The Ministry of Defence of the Russian Federation, State Committee of the Russian Federation on Emergency Situations and Elimination of Consequences of Natural Disasters shall select agreed number of military units of the Russian Federation for participation and implementation of the Cease-fire Agreement in Abkhazia with further inclusion in the structure of the UN peacekeeping forces.
3. The Ministry of Foreign Affairs of the Russian Federation shall:
- carry out adequate work at the UNO relating to the deployment of the international observers and peacekeeping forces to the conflict zone and assign necessary number of interpreters for the Joint Commission;
- negotiate with the competent agencies of the Republic of Georgia the procedures on delivering and withdrawal of special communication equipment for Joint Commission and of the staff that shall operate this equipment;
- continue talks for preparation of the draft Agreement on comprehensive political settlement of the conflict in Abkhazia.
4. Federal Service of Migration of the Russian Federation shall secure organizational measures on return of refugees from the territory of the Russian Federation to the places of their permanent residence.
The financial means for supporting the refugees at the places of temporary settlements and their transportation on the territory of the Russian Federation in the course of their return shall be secured by the Federal Service of Migration within the funds from the state budget of the Russian Federation assigned for the assistance of refugees.
5. The Ministry of Transport of the Russian Federation, The Ministry of Communications of the Russian Federation and the Ministry of Defence of the Russian Federation shall provide necessary number of vehicles upon the request of the Joint Commission for transportation of refugees, members of the Russian part of the Joint Commission and humanitarian cargo.
6. The Ministry of Fuel and Energy of the Russian Federation shall facilitate the Joint Commission to receive the necessary amount of fuel for securing the movement of interim controlling groups and peacekeeping forces, as well as refugees and delivery of humanitarian cargo.
9. To consider that from 29 July 1993 the persons included in the Joint Commission, its working bodies, interim controlling groups are under the conditions of armed conflict.
The salary of officers, midshipmen and additional servicemen included in the Joint Commission, its working bodies and interim controlling groups, as well as of assigned military servicemen shall be determined upon the assignment and military rank in a doubled amount.
(…)
10. To assign to the State Committee of the Russian Federation on Emergency Situations and Elimination of Consequences of Natural Disasters from the reserve funds of the Government of the Russian Federation 600 million roubles for forming and delivery humanitarian cargo aimed at eliminating of emergency situations.
(…)
Chairman of the Council of Ministers- the Government of the Russian Federation
V. Chernomirdyn
5 August 1993
(Collection of Acts of the President and Government of the RF, M., 1993, #  32, p. 3363-3365)


RESOLUTION 854 (6 AUGUST 1993) ADOPTED BY THE UN  SECURITY COUNCIL
The Security Council,
Recalling its resolution 849 (1993) of 9 July 1993, which reserved to the Council a decision on the deployment of military observers, following implementation of a cease-fire,
Welcoming the signing on 27 July 1993 of the agreement establishing the cease-fire in Abkhazia, Republic of Georgia,
1. Approves the Secretary-General’s proposal as contained in his letter of 4 August 1993 to the President of the Security Council (S/26254) that an advance team of up to ten United Nations military observers be deployed to the region as soon as possible to begin to help to verify compliance with the cease­
fire as envisaged in the cease-fire agreement, the mandate of the team to expire within three months, and contemplates that this advance team will beincorporated into a United Nations observer mission if such a mission is formally established by the Council;
2. Looks forward to the report of the Secretary-General on the proposed establishment of a United Nations observer mission, including in particular a detailed estimate of the cost and the scope of this operation, a time-frame for its implementation, and the projected conclusion of this operation;
3.  Decides to remain seized of the matter.
(www.un.org/docs)


RESOLUTION 858 (24 AUGUST 1993) ADOPTED BY THE UN  SECURITY COUNCIL
The Security Council,
Recalling its resolution 849 (1993) of 9 July 1993, which reserved to the Council a decision on the deployment of observers, following implementation of a cease-fire,
Welcoming the signing of the Cease-fire Agreement of 27 July 1993 between the Republic of Georgia and forces in Abkhazia,
Recalling its resolution 854 (1993) of 6 August 1993, in which the Council approved the deployment of an advance team of observers for a period of three months,
Having considered the Secretary-General’s report,
Reaffirming previous statements which underscored the vital importance of the maintenance of cease-fire agreements, in particular the statement of the President of the Security Council on 2 July 1993 (S/26032),
Determining that continuation of the conflict in Georgia threatens peace and stability in the region,
Noting that the parties to the conflict have committed themselves to withdrawal of forces from Abkhazia and that this withdrawal is at present under way,
1. Welcomes the Secretary-General’s report of 6 August 1993 (S/26250);
2. Decides to establish a United Nations Observer Mission in Georgia (UNOMIG) in accordance with the above-mentioned report comprising up to eighty-eight military observers, plus minimal staff necessary to support UNOMIG, with the following mandate:
a)  (a)  To verify compliance with the Cease-fire Agreement of 27 July 1993 with special attention to the situation in the City of Sukhumi;
b) To investigate reports of cease-fire violations and to attempt to resolve such incidents with the parties involved;
c) To report to the Secretary-General on the implementation of its mandate including, in particular, violations of the Cease-fire Agreement;
3. Decides that UNOMIG is established for a period of six months subject to the proviso that it will be extended beyond the initial ninety days only upon a review by the Council based on a report from the Secretary-General whether or not substantive progress had been made towards implementing measures aimed at establishing a lasting peace;
4. the Secretary-General to report as appropriate, but in any event within three months, on the activities of UNOMIG;
5. Decides to keep under constant review the operational arrangements to implement the mandate contained in this resolution, in the light of any further recommendations that the Secretary-General may make in this regard;
6. Welcomes the proposed deployment of mixed interim monitoring groups of Georgian/Abkhaz/Russian units designed to consolidate the cease-fire, and requests the Secretary-General to facilitate cooperation between the United Nations observers and these units within their respective mandates;
7. all parties to respect and implement the Cease-fire Agreement of 27 July 1993 and to cooperate fully with UNOMIG and ensure the safety of all United Nations personnel and all other peace-keeping and humanitarian personnel within Georgia;
8. Calls on the Government of the Republic of Georgia to conclude ex­­pe­­ditiously with the United Nations a status of forces agreement to facilitate dep­loyment of UNOMIG;
9. Requests the Secretary-General to pursue energetically, through his Special Envoy, efforts to facilitate the peace process and negotiations, starting as soon as possible, towards the achievement of a comprehensive political settlement;
10 Expresses its continuing support for the Secretary-General’s ongoing cooperation with the Chairman-in-Office of the Conference on Security and Cooperation in Europe (CSCE) in efforts to bring peace to Georgia and elsewhere in the region;
11. Decides to remain seized of the matter.
(www.un.org/docs)


DECREE ISSUED BY THE COUNCIL OF MINISTERS - THE GOVERNMENT OF THE RUSSIAN FEDERATION on Further Measures for Regulation of the Georgian-Abkhaz conflict
In compliance with the decree issued by the President of the Russian Federation of 29 July 1993 #539, and for the implementation of the decree issued by the Government of the Russian Federation of 5 August 1993, and also respecting the developments in Abkhazia that calls for comprehensive settlement of the conflict and restoration of normal environment for social-political activities after separation of forces and establishment of the cease-fire regime,
the Council of Ministers - the Government of the Russian Federation decrees:
1. To approve the attached list of the Russian part of the Commission on regulation the conflict in Abkhazia.
2. To take a note of the information that under the aforementioned Decree issued by the President of the Russian Federation, Mr. Shoigou - the Chairman of State Committee on Emergency Situations and Elimination of Consequences of natural Disasters was discharged from the responsibilities of acting head of Russian part of the Joint Commission on Regulation of the conflict in Abkhazia.
3. To appoint Mr. Shouykov Valeriy Averkievich, the Chairman of the sub-committee of the Security and Defence of the Supreme Council of the Russian Federation as a head of Russian part of the Joint Commission with the consent of the Chairman of the Council of Nationalities Mr. Abdullatipov R.G.
4. The Ministries and agencies enumerated in the Decree of the Council of Ministers- the Government of the Russian Federation of 5 August 1993 #754 shall continue implementation of the measures under their jurisdiction that require the time due to the task character.
5. The Ministry of Defence of the Russian Federation shall bring up to strength the military unites of the Russian Troops disclocated on the territory of Abkhazia.
6. The Ministry of Foreign Affairs of the Russian Federation:
- shall carry out necessary work to speed up the process of decision making at the UN and Security Council regarding the mandate of the Russian military units dislocated in Abkhazia and the status of Peace-keeping forces of the UN
- shall hold the consultations with the conflicting sides and the CIS participating States on the issue of dispatching the peace-keeping forces of these states to the conflict zone.
Chairman of the Council of Ministers - the Government of the Russian Federation V. Chernomirdyn
13  September 1993
(Collection of Acts of the President and Government of the RF, 1993, # 39, p. 4042)


AGREEMENT BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND THE GOVERNMENT OF THE REPUBLIC OF GEORGIA on Restoration of Economy in the Zone of Georgian-Ossetian Conflict
In order to secure economic revival of the regions located in the zone of Georgian-Ossetian conflict and create proper conditions for return of refugees to their permanent residences, the Government of the Russian Federation and the Government of the Republic of Georgia agreed on the following:
Article 1
The parties agreed those financial resources, necessary for comprehensive economic revival of those damaged regions in the Georgian-Ossetian conflict zone amounts to 34,2 billion rubles at the prices existing by 15 June 1992.
Article 2
The Georgian side shall cover two thirds of the aforementioned expenditure and the Russian side shall cover one third of the whole expenditure. The Parties to the agreement commit themselves to allocate money in the course of 1993-1997, to this end, annually no later than February, Parties shall work out program of reconstruction works. The Russian Federation, within the framework of its financial commitments, shall provide material-technical resources and in accordance with the list agreed upon by the Parties, shall carry out complete construction of dwelling houses and other buildings or in association with the construction organizations of Georgia.
In order to address material-technical, as well as other issues, mentioned in this article, the Parties are setting up a joint Executive organ that shall coordinate its activities with the Joint Control Commission, established pursuant to the Agreement on “Principles of Settlement of Georgian-Ossetian Conflict, signed on 24 June 1992.
Article 3
The Parties to the Agreement commit themselves to support the initiatives of the ministries and agencies, enterprises and organizations of the Russian Federation and the Republic of Georgia aimed to render support in terms of restoration works.
Article 4
The Parties to the Agreement shall secure safe delivery of written correspondence from the zone of Georgian-Ossetian conflict to the Russian Federation and the Republic of Georgia proper, and shall contribute to return of refugees to their permanent residences and restoration of their property rights.
Article 5
This agreement shall come into force on the very day it is signed,
Agreement is concluded in Moscow on 14 September 1993.
On Behalf of the Government of the Russian Federation A. Shokhin
On Behalf of the Government of the Republic of Georgia O. Patsatsia
14 September 1993
(Journal “Diplomaticheskiy Vestnik” M, 1993, # # 23-24, p. 44)
 

RESOLUTION 876 (19 OCTOBER 1993) ADOPTED BY THE UN SECURITY COUNCIL
The Security Council,
Reaffirming its resolutions 849 (1993) of 9 July 1993, 854 (1993) of 6 August 1993 and 858 (1993) of 24 August 1993,
Recalling the statement made by the President of the Council on 17 September 1993 (S/26463), in which the Security Council expressed its extreme concern for the situation in Abkhazia, Republic of Georgia, and urged all countries to encourage the resumption of the peace process,
Having considered the letter from the Chairman of the Parliament, Head of State of the Republic of Georgia, dated 12 October 1993 (S/26576, annex),
Having also considered the Secretary-General’s report of 7 October 1993 (S/26551),
Deeply concerned at the human suffering caused by conflict in the region, and at reports of “ethnic cleansing” and other serious violations of international humanitarian law,
Determining that continuation of the conflict in Abkhazia, Republic of Georgia, threatens peace and stability in the region,
1. Affirms the sovereignty and territorial integrity of the Republic of Georgia;
2. Reaffirms its strong condemnation of the grave violation by the Abkhaz side of the Cease-fire Agreement of 27 July 1993 between the Republic of Georgia and forces in Abkhazia, and subsequent actions in violation of international humanitarian law;
3.  Condemns also the killing of the Chairman of the Defence Council and Council of Ministers of the Autonomous Republic of Abkhazia;
4. Demands that all parties refrain from the use of force and from any violations of international humanitarian law, and welcomes the decision of the Secretary-General to send a fact-finding mission to the Republic of Georgia in this regard, in particular to investigate reports of “ethnic cleansing”;
5.  Affirms the right of refugees and displaced persons to return to their homes, and calls on the parties to facilitate this;
6. Welcomes the humanitarian assistance already provided, including by international aid agencies, and urges Member States to contribute towards the relief efforts;
7.  Calls for unimpeded access for international humanitarian relief assistance in the region;
8. Calls on all States to prevent the provision from their territories or by persons under their jurisdiction of all assistance, other than humanitarian assistance, to the Abkhaz side and in particular to prevent the supply of any weapons and munitions;
9. Reiterates its support for the efforts of the Secretary-General and his Special Envoy, in cooperation with the Chairman-in-Office of the Conference on Security and Cooperation in Europe (CSCE) and with the assistance of the Government of the Russian Federation as a facilitator, to carry forward the peace process with the aim of achieving an overall political settlement;
10. Notes the provisional steps the Secretary-General has taken with regard to the United Nations Observer Mission in Georgia (UNOMIG), and welcomes his intention to provide a further report both on the future of UNOMIG and on the political aspects of the United Nations role in trying to end the conflict
in Abkhazia;
11. Decides to remain seized of the matter.
(www.un.org/docs)


RESOLUTION 881 (4 NOVEMBER 1993) ADOPTED BY THE UN SECURITY COUNCIL
Security Council,
Reaffirming its resolutions 849 (1993) of 9 July 1993, 854 (1993) of 6 August 1993, 858 (1993) of 24 August 1993 and 876 (1993) of 19 October 1993,
Recalling in particular resolution 858 (1993) of 24 August 1993, in which the Council decided to establish a United Nations Observer Mission in Georgia (UNOMIG), Having considered the Secretary-General’s report of 27 October 1993 (S/26646) concerning the situation in Abkhazia, Republic of Georgia,
Noting with concern that the original mandate of UNOMIG has been overtaken by the military developments of 16 to 27 September 1993, Expressing its serious concern that continuation of the conflict in Abkhazia, Republic of Georgia, threatens peace and stability in the region,
1. Welcomes the Secretary-General’s report of 27 October 1993;
2. Welcomes also the continued efforts of the Secretary-General and his Special Envoy, in cooperation with the Chairman-in-Office of the Conference on Security and Cooperation in Europe (CSCE) and with the assistance of the Government of the Russian Federation as facilitator, to carry forward the peace process with the aim of achieving an overall political settlement, and in particular to bring both parties together in late November 1993 in Geneva;
3. Reiterates the demand in its resolution 876 (1993) that all the parties to the conflict in Abkhazia, Republic of Georgia, refrain from the use of force and from any violation of international humanitarian law, and looks forward to the report of the fact-finding mission sent by the Secretary-General to the Republic of Georgia in this regard;
4. Approves the continued presence of UNOMIG in Georgia until 31 January 1994 comprising up to five military observers plus minimal support staff, with the following interim mandate:
(a) to maintain contacts with both sides to the conflict and military contingents of the Russian Federation;
(b) to monitor the situation and report to headquarters, with particular reference to any developments relevant to the efforts of the United Nations to promote a comprehensive political settlement;
5. Decides that UNOMIG will not be extended beyond 31 January 1994 unless the Secretary-General reports to the Council that substantive progress has been made towards implementing measures aimed at establishing a lasting peace or that the peace process will be served by the prolongation of its mandate, and requests the Secretary-General to report as appropriate, but in any event by late January 1994, on the activities of UNOMIG;
6. Requests the Secretary-General to take planning steps which would enable, upon a further decision by the Council, prompt deployment of additional personnel within the originally authorized strength of UNOMIG if the Secretary-General reports that the situation on the ground and in the peace process warrants it;
7. Decides to remain seized of the matter.
(www.un.org/docs)


MEMORANDUM OF UNDERSTANDING between the Georgian and the Abkhaz sides  at the negotiations in Geneva
From 30 November to 1 December 1993 in Geneva, the first round of negotiations on a comprehensive settlement of the Georgian-Abkhaz conflict took place under the aegis of the United Nations with the Russian Federation as facilitator and a representative of the CSCE.
The negotiations were held in accordance with Security Council Resolutions 849 of 9 July 1993, 854 of 6 August 1993, 858 of 24 August 1993, 876 of 19 October 1993 and 881 of 4 November 1993.
Agreement was reached concerning the following:
1. In accordance with the main provisions of the Sochi Agreement of 27 July 1993 on the cease-fire in Abkhazia and the mechanism for monitoring its observance, the parties commit themselves not to use force or the threat of force against each other for the period of the continuing negotiations to achieve a comprehensive political settlement of the conflict in Abkhazia.
2. The parties consider that the maintenance of peace would be promoted by an increase in the zone of conflict of the number of international observers and by the use of international peacekeeping forces subject to agreement by the Security Council and the United Nations Secretary-General.
3. As a gesture of good will, the parties before 20 December 1993 will exchange prisoners-of-war in accordance with the principle of all for all without any preconditions. Urgent measures will be taken to find those missing, for which purpose the parties will give each other the appropriate lists. In addition, measures will be taken for the reburial of the dead.
4. The parties consider it their duty to find an urgent solution to the problem of the refugees and displaced persons. They undertake to create conditions for the voluntary, safe and speedy return of refugees to the places of their permanent residence in all regions of Abkhazia. The apartments, houses, plots of land and property which they left shall be returned to all those refugees who return.
The parties express the hope for participation in the solution to the problem of refugees by the UNHCR.
5. The parties appeal to the international community to render assistance in re-establishing basic supply system to the population in the conflict zone, and to render all victims of the conflict various types of humanitarian assistance.
6. The parties express the wish that for purposes of promoting economic recovery in the conflict zone an international commission be established with the participation of international and national organizations.
7. To prepare recommendations on the political status of Abkhazia, a group of experts including representatives of the parties, the United Nations, the United Nations, the Russian Federation and the CSCE will begin work in Moscow in early December 1993. The group will submit its report to the next round of negotiations.
8. The next round of negotiations for a comprehensive settlement of the Georgian-Abkhaz conflict under the aegis of the United Nations, with the Russian Federation as facilitator and with the participation of the CSCE representatives will begin on 11 January 1994 in Moscow or Geneva.
For the Georgian side Jaba Ioseliani
For the Abkhaz side Sokrat Jinjolia
In the presence of:
For the United Nations Edouard Brunner
For the Russian Federation Boris Pastukhov
For the CSCE Vincenzo Manno
1 December 1993
(Archive of the OfFice of the Special Representative of the UN Secretary-General in Georgia)


RESOLUTION 892 (22 December 1993) adopted by the un Security council
The Security Council,
Reaffirming its resolutions 849 (1993) of 9 July 1993, 854 (1993) of 6 August 1993, 858 (1993) of 24 August 1993, 876 (1993) of 19 October 1993 and 881 (1993) of 4 November 1993,
Also reaffirming its resolution 868 (1993) of 29 September 1993 concerning the security of United Nations operations,
Having considered the Secretary-General’s letter of 16 December 1993 concerning the situation in Abkhazia, Republic of Georgia (S/26901),
Noting the letter of 9 December 1993 from the Permanent Representative of Georgia to the United Nations addressed to the Secretary-General, transmitting the Memorandum of Understanding between the Georgian and Abkhazian sides signed in Geneva on 1 December 1993 (S/26875),
Welcoming the signature of the Memorandum of Understanding (S/26875),
Taking note that the parties to the Memorandum of Understanding consider that the maintenance of peace would be promoted by an increased international presence in the zone of conflict,
Taking note also of the first expert level talks held between the parties in Moscow on 15 and 16 December 1993 and of the intention to convene a new round of negotiations in Geneva on 11 January 1994 with a view to achieving a comprehensive political settlement of the conflict,
Noting that encouraging progress has been achieved in the negotiations between the parties, which justifies the deployment of additional United Nations military observers,
Noting also the decisions of the ministerial meeting of the Conference on Security and Cooperation in Europe (CSCE) held in Rome on 30 November and 1 December 1993 (S/26843), and welcoming further the continuing cooperation between the United Nations and the CSCE in this matter,
Deeply concerned at the humanitarian situation in Georgia, in particular at the number of displaced persons and refugees,
1. Welcomes the Secretary-General’s letter of 16 December 1993 (S/26901);
2. Authorizes the phased deployment of up to 50 additional United Nations military observers to UNOMIG as recommended by the Secretary-General in his letter (S/26901) to perform the functions described in paragraph 4 of Security Council resolution 881 (1993) and in this manner to contribute to the implementation by the parties of the provisions of the Memorandum of Understanding of 1 December 1993; and requests the Secretary-General to inform the Council on the duties of new observers as additional deployments beyond the initial 10 referred to in the Secretary-General’s letter (S/26901) are undertaken;
3. Notes the intention of the Secretary-General to plan and prepare for a possible further expansion of UNOMIG to ensure prompt deployment should the situation on the ground and the course of negotiations warrant it;
4. Expresses its willingness to review the existing mandate of UNOMIG taking into account any progress achieved towards the promotion of a comprehensive political settlement and in the light of the report of the Secretary-General due late January 1994; this report should cover, inter alia, the specific activities UNOMIG will undertake, prospects for the mission, and anticipated costs, in light of the situation on the ground and in the negotiations;
5. Urges the parties to comply fully with all the commitments they have undertaken in the Memorandum of Understanding, and in particular with the commitments undertaken in accordance with the main provisions of the cease-fire agreement of 27 July 1993, set out in paragraph 1 of the Memorandum of Understanding;
6. Urges also the parties to take all steps necessary to ensure the security of UNOMIG personnel and welcomes the readiness of the Government of the Russian Federation to assist the Secretary-General in this regard;
7. Urges also the parties fully to comply with their undertakings in the Memorandum of Understanding to create conditions for the voluntary, safe and speedy return of refugees to the places of their permanent residence and to facilitate the provision of humanitarian assistance to all victims of the conflict;
8. Urges also the parties not to take any political or any other steps that could aggravate the existing situation or hinder the process towards a comprehensive political settlement;
9. Encourages donor States to make contributions in response to the United Nations humanitarian appeal;
10. Decides to remain actively seized of the matter.
(www.un.org/docs)


1994
COMMUNIQUE on the second round of negotiations between the Georgian and Abkhaz sides in Geneva
The second round of negotiations on a comprehensive settlement to the Georgian-Abkhaz conflict took place on 11-13 January 1994 in Geneva under the aegis of the United Nations with the facilitation of Russia and with the participation of a representative of the OSCE and a representative of the United Nations High Commissioner for Refugees (UNHCR).
The negotiations were held in accordance with Security Council resolutions 849 of 9 July 1993, 854 of 6 August 1993, 858 of 24 August 1993, 876 of 19 October 1993, 881 of 4 November 1993 and 892 of 22 December 1993.
It was noted that the provisions of the Memorandum of Understanding of 1 December 1993 are, for the most part, being implemented.
An exchange of prisoners has taken place on the principle of  “all for all”.
Representatives of UNHCR have undertaken a first preparatory visit with a view to examine the feasibility of voluntary return of refugees and displaced persons to their places of permanent residence.
There had been an increase in the number of international observers in the conflict zone.
On 15-16 December 1993 in Moscow a meeting took place of the group of experts consisting of representatives of the parties to the conflict, the United Nations, the Russian Federation and an observer of the OSCE to prepare recommendations on the political status of Abkhazia.
At the same time it was noted that hostilities took place in individual areas of the zone of conflict carried out by uncontrolled armed groups, as a result of which part of the population experienced new privations.
Work to find the missing and dead had not yet begun.
During the course of the second round of negotiations in Geneva the Parties emphasized the need to continue efforts for the early achievement of a comprehensive settlement of the conflict.
(1) The Parties reaffirmed their commitment not to use force or the threat of force against each other.
(2) The Parties agreed that the establishment of favourable conditions for further progress towards a political settlement and the practical implementation of agreements will be promoted by the deployment of a full-scale peacekeeping operation in Abkhazia. They have appealed to the UN Security Council at its forthcoming consideration of the activities of the United Nations Observer Mission in Georgia (UNOMIC) for an appropriate expansion of its mandate, inter alia, to entrust it with control of the non-resumption of hostilities in the zone of conflict. The Parties continued to favour the deployment in the conflict zone of UN peacekeeping forces or other forces authorized by the United Nations. They expressed their mutual consent to the use of a Russian military contingent as part of such forces.
Within five days after deployment in the zone of conflict, in accordance with a decision of the UN Security Council, of an additional number of international observers and following the arrival of peacekeeping forces the Parties shall carry out the withdrawal of all armed units, with their weapons and military equipment, from the Inguri River and other possible lines of active confrontation in the conflict zone to a distance to be determined by the officers commanding the peacekeeping forces and UNOMIC, with the agreement of the parties. Simultaneously, international observers and peacekeeping forces will enter the areas thus formed.
There shall be complete disarmament and withdrawal of all kinds of volunteer units and individuals participating the conflict. Inspections by international observers are permitted at crossing points on the Psou River.
The Parties appeal to the Security Council for an intensification of the international civilian presence in the conflict zone and for this purpose it would be necessary to deploy appropriate civilian experts who will assist in resolving the problems of refugees and other humanitarian issues.
(3) In the view of the Parties a resolution of the problems of a settlement would be promoted by the establishment of a special voluntary fund under the aegis of the United Nations.
(4) The Parties will continue to work out a Quadripartite Agreement on the voluntary return and repatriation to Abkhazia of refugees and displaced persons.
The Parties have agreed to establish a special commission on refugees consisting of the Parties, the UN and the Russian Federation which will begin work on 25 January 1994.
The Parties agreed to begin on 10 February 1994 the implementation of the phased process of the return of refugees and displaced persons to Abkhazia, and as a first step to the Gali region. The Parties will take necessary measures to ensure the safety of refugees, displaced persons and personnel involved in this operation. The Abkhaz side has the primary responsibility for the reception and security of the refugees and also of the above-mentioned personnel. Moreover, to render them assistance in creating a safe environment conductive to the return of refugees and displaced persons.
The Parties are counting on effective assistance from UNHCR and, inter alia, on the commencement as soon as possible of operations in the zone of conflict by an interim division of UNHCR.
(5) The Parties recognize that the primary objective is a comprehensive political settlement of the conflict and that all efforts are contributions to its achievement. They agreed to continue discussions of the problem of the political status of Abkhazia taking into account mutual interests. The next meeting of experts on this issue will take place in Moscow beginning on 8 February 1994. Their report will be considered at the next meeting of the parties and will be sent to the UN and the OSCE.
The UN, The OSCE and the Russian Federation call upon the parties to proceed from the need to observe the territorial integrity of Georgia and fully to ensure the interests of the entire multinational population of Abkhazia, this being the fundamental principles of a comprehensive settlement.
(6) The Parties expressed their interest in the establishment no later than 15 February of an international commission to assist in economic recovery in Abkhazia with the participation of international and national organizations. Among its highest priorities must be the restoration of vital facilities, transport, communications, airports, bridges and tunnels.
(7) The Parties to the negotiations agreed to hold their next meeting on 22 February 1994 in Moscow or Geneva.
For the Georgian side J. Ioseliani
For the Abkhaz side S. Jinjolia
In the presence of:
From the UN E. Brunner
From the Russian Federation B. Pastukhov
From the OSCE V. Manno
13 January 1994
(www.un.org/russian; Personal Archive of the Authors)


RESOLUTION 896 (31 JANUARY 1994) ADOPTED BY THE UN SECURITY COUNCIL
The Security Council,
Reaffirming its resolutions 849 (1993) of 9 July 1993, 854 (1993) of  6 August 1993, 858 (1993) of 24 August 1993, 876 (1993) of 19 October 1993,  881 (1993) of 4 November 1993 and 892 (1993) of 22 December 1993,
Also reaffirming its resolution 868 (1993) of 29 September 1993 concerning  the security of United Nations operations,
Having considered the report of the Secretary- General of 25 January 1994  concerning the situation in Abkhazia, Republic of Georgia,
Welcoming the Communiquй on the second round of negotiations between the  Georgian and Abkhaz sides signed in Geneva on 13 January 1994 (S/1994/32),
recalling the Memorandum of Understanding signed in Geneva on 1 December 1993  (S/26875), and emphasizing the importance of implementation by the parties of  the obligations to which they have committed themselves,
Taking note that the parties, in the Communiquй, state that they continue  to favour the deployment in the zone of conflict of United Nations peace-keeping  forces or other forces, subject to authorization by the United Nations,
Taking note also of the next expert level talks to be held between the  parties in Moscow on 8 February 1994 and of the intention of the Special Envoy  of the Secretary-General to convene a new round of negotiations in Geneva on  22 February 1994,
Recognizing the grave situation in the Republic of Georgia created by the  presence of almost 300,000 persons displaced from Abkhazia,
Noting again the conclusions of the ministerial meeting of the Conference  on Security and Cooperation in Europe (CSCE) held in Rome on 30 November and  1 December 1993 (S/26843), and welcoming the continuing cooperation between the  United Nations and the CSCE in this matter,
1. Takes note of the report of the Secretary-General of 25 January 1994;
2. Welcomes the continued efforts of the Secretary-General and his  Special Envoy, in cooperation with the Chairman-in-Office of the Conference on  Security and Cooperation in Europe (CSCE) and with the assistance of the  Government of the Russian Federation as facilitator, to carry forward the peace  process with the aim of achieving an overall political settlement, and welcomes  in particular the progress achieved so far;
3. Urges the parties to resume the negotiations as soon as possible and  to demonstrate stronger willingness to achieve progress towards a comprehensive  political settlement;
4. Calls upon all concerned to respect the sovereignty and territorial  integrity of the Republic of Georgia, and stresses the importance it attaches to  such respect;
5. Stresses that substantive progress must be made immediately on the  political status of Abkhazia, respecting fully the sovereignty and territorial  integrity of the Republic of Georgia, if the negotiations are to succeed and  further conflict is to be avoided;
6. Approves the continuation of UNOMIG’s mandate until 7 March 1994  within the numbers authorized in resolution 892 (1993);
7. Declares its readiness, within this period, to consider promptly any  recommendation from the Secretary-General to further increase the strength of  UNOMIG up to the limit specified in resolution 858 (1993) should the Secretary-General so recommend;
8. Takes note of the options described by the Secretary-General in his  report (S/1994/80) for possible establishment of a peace-keeping operation in  Abkhazia, Republic of Georgia;
9. Requests the Secretary-General to report to the Security Council  immediately following the third round of negotiations between the parties on  progress, if any, made in the negotiations and on the situation on the ground,  with special attention to circumstances which might warrant a peace-keeping  force and on the modalities for such a force;
10. Underlines the importance of substantive progress towards a political  settlement at the next round of negotiations for further consideration by the  Council of possible establishment of a peace-keeping force in Abkhazia, Republic  of Georgia;
11. Recognizes the right of all refugees and displaced persons affected by  the conflict to return, without preconditions, to their homes in secure  conditions, calls upon the parties to honour the commitments they have already  made in this regard, and urges the parties to come to an expeditious agreement,  including a binding timetable, that would assure the rapid return of these  refugees and displaced persons in secure conditions;
12. Condemns any attempts to change the demographic composition of  Abkhazia, Republic of Georgia, including by repopulating it with persons not  previously resident there;
13. Calls upon the parties to comply fully with the cease-fire to which  they have committed themselves;
14. Urges the parties to take all steps necessary to ensure the security  of UNOMIG personnel and welcomes the readiness of the Russian Federation to  assist them in this regard;
15. Encourages donor States to assist the Republic of Georgia to enable it  to overcome the consequences of the conflict and to make contributions in  response to the United Nations humanitarian appeal;
16. Decides to remain actively seized of the matter.
(www.un.org/docs)


RESOLUTION 901 (4 MARCH 1994) ADOPTED BY THE UN SECURITY COUNCIL
The Security Council,
Reaffirming its resolutions 849 (1993) of 9 July 1993, 854 (1993) of  6 August 1993, 858 (1993) of 24 August 1993, 876 (1993) of 19 October 1993,  881 (1993) of 4 November 1993, 892 (1993) of 22 December 1993 and 896 (1994) of  31 January 1994,
Noting the letter dated 28 February 1994 from the Permanent Representative  of Georgia to the United Nations addressed to the President of the Security  Council (S/1994/234) transmitting the statement of the Chairman of the  Parliament, Head of State of the Republic of Georgia,
Noting also the resumption in New York on 7 March 1994 of the negotiations  held in Geneva from 22 to 24 February 1994 between the Georgian and Abkhaz  sides,
Urging the parties to achieve as soon as possible substantive progress  towards a political settlement based on the principles set out in its previous  resolutions so that the Security Council may adequately consider the possible  establishment of a peace-keeping force in Abkhazia, Republic of Georgia,
1. Decides to extend UNOMIG’s mandate for an additional interim period  terminating on 31 March 1994;
2. Requests the Secretary-General to report to the Council by  21 March 1994 on whatever progress has been made in the negotiations and on the  situation on the ground, with special attention to circumstances which might  warrant a peace-keeping force and on the modalities for such a force;
3. Decides to remain actively seized of the matter.
(www.un.org/docs)


DECREE ISSUED BY THE PARLIAMENT OF GEORGIA on Legislative Practice of Apartheid and Racism in the Autonomous Republic of Abkhazia
The Abkhaz separatists, acting in alliance with external reactionary and mercenaries, having seized the part of the territory of Georgia in the region of Abkhazia by violent means, continues the unprecedented for modern civilized world the policy of ethnic cleansing, extermination of civilian Georgian population. The process of turning hundreds of thousands of people into refuges and full-scale policy of genocide continue to persist.
The principles of international law, legislation of Georgia and universally recognized human rights are grossly violated.
The aforementioned tragic events can be largely attributed to the policy of the Supreme Council of the Abkhaz ASSR. This body of State power, expected to protect interests of all ethnic groups residing in the Autonomous Republic based on the principles of equality, in fact, turned itself into a legal instrument of Abkhazian fascism, political leverage of apartheid, racism and genocide.
The Law of the Abkhaz ASSR adopted on 9 July 1991 on “Elections of Deputies to the Supreme Council of the Abkhaz ASSR” (with amendments introduced on 27 August 1991).
The aforementioned law provided representatives of Abkhaz nationality, making up only 18 percent of the whole population of the Autonomous Republic, with guaranteed parliamentary majority –28 seats, while the aborigine Georgian population, making up 47,6 percent of Abkhazia- got only 26 seats, and the rest of national minority groups were given –11 seats.
The aforementioned norm of electoral law runs counter to requirements laid down in articles 2, 7, and 21 of “Universal Declaration on Human Rights” (1948), articles 2, 25, and 26 of “International Convention on Civil and Political Rights” (1966) and other international legal documents, defining equality of all individuals before the law, equal rights and obligations, the right to participate in elections based on the principles of equal suffrage and participation in public affairs, regardless of ethnic origin and other considerations.
The establishment of practice of repression of political rights, based on ethnic affiliation, put Georgians-aborigine population of Abkhazia, comprising nearly half of the whole population of Abkhazia - as well as Russians, Armenians, Greeks and other ethic groups- in unprecedented discriminatory situation and has acquired the form of racial discrimination.
Article 1 of the International Convention of 7 March 1966 “Elimination of All Forms of Racial Discrimination” recognizes as racial discrimination any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.
Moreover, anti-Georgian, anti-State policy has been purposefully carried out through gross violation of Georgian legislation and the Constitution of Abkhazia. The leadership of the Abkhazian ASSR, having illegally declared state sovereignty of Abkhazia, continued persistent implementation of legislative and organizational measures that aimed at violation of territorial integrity of Georgia and separation of Abkhazia from Georgia.
The separatist policy and anti-Constitutional measures undertaken by the separatist forced Georgian deputies, as well as several deputies representing ethnic minorities of Abkhazia, to quit the Supreme Council of the Abkhazian ASSR. As a result, this highest body of state power of the Autonomous Republic- Supreme Council and its Presidium became mono-ethnic formation.
The Presidium, vast majority of which were ethnic Abkhazs, in gross violation of the article 103 of the Constitution of Autonomous Republic continued legislative activities, being not authorized to do so.
For example in 1991-1992 the Presidium adopted several normative acts that declared a number of laws of the Republic of Georgia as having no legal force on the territory of Abkhazia. In the same anti-constitutional manner, the so-called Custom Service of Abkhazia was established, while the Prosecutor’s Office and the Ministry of Interior was subordinated to the Presidium. The Presidium assumed the power of making decisions on personnel policy; a decision was made on temporary termination of the process of “propiska” (registration) on the territory of Abkhazia. Moreover, state borders were delimitated and the rules of leaving the territory of the Republic of Abkhazia were drawn up. The establishment of new illegal armed groups, acting under the immediate jurisdiction of the Presidium, further deteriorated the situation and deepened the conflict in Abkhazia.
Having usurped the power, the Abkhaz legislators, being agitated by chauvinistic feelings and sentiments, on 24 June 1992 made a decision, according to which the Constitution of Abkhaz ASSR, adopted in 1978 was declared as null and void and they restored the Constitution of Abkhaz Soviet Socialist Republic, allegedly adopted in 1925. In reality, this Constitution was not adopted in 1925. In fact, at that time there was only draft to the aforementioned law. In 1992, the Abkhaz legislators grossly ignored the constitutional principles, according to which two/thirds of votes are necessary for making decision on similar issues.
The Supreme Authorities of State Power of Georgia, in order to maintain unitary legislation throughout the country, consequently would repeal, suspend or declare null and void those anti-constitutional and anti-democratic acts that aimed at establishment and legal endorsement of the regime of apartheid, the Abkhaz domination over other people living in Abkhazia.
In fact, by pursuing such kind of legislative policy, the Abkhaz political leaders have committed crime against peace and humanity – apartheid, considered as extreme form of racism by the article 2 of the Convention adopted in 1974.
Illegal, anti-constitutional actions of extremist politicians of the Supreme Council of Abkhazian ASSR, including encroachment on the Constitution of Abkhazia, gross violation of universally recognized human rights, unprecedented policy of racial discrimination and apartheid can not be left without adequate reaction and legal assessment on the part of the Georgian Authorities and the international community.
The Parliament of Georgia decrees:
1.  In accordance with the imperative principles of the International Law and paragraph 4 of the article 6, as well as the last paragraph of the article 7 of the law of the Republic of Georgia on “State Power”, to repeal the law of the Abkhazian ASSR on “Elections of Deputies of the Supreme Council of Abkhazian ASSR” (with amendments introduced on 27 August 1991) adopted on 9 June 1991.
2. To dissolve the Supreme Council of Abkhazian ASSR elected on the basis of the aforementioned law.
3. To deprive members of the Supreme Council of Abkhazian ASSR of immunity from persecution.
4. To entrust the Procurator’s Office of Georgia with a task of initiating criminal case against those former Deputies of the Supreme Council of Abkhazian ASSR who have committed crime against peace and humanity.
5. To grant to the Council of Ministers of Abkhazia a status of temporarily evacuated organ; until relevant legislative acts are adopted and new elections are held in the Autonomous Republic of Abkhazia, to entrust the Council of Ministers of the Autonomous Republic of Abkhazia with a task of exercising the functions of the Supreme body of State power in Abkhazia.
6. To declare null and void all the legislative and normative acts that are at variance with the legislation of Georgia and have adopted by structures that are under the control of the separatist regime or in alliance with the separatists.
7. To declare null and void all the decisions, as well as civil-legal deals that violate the ownership rights on the territory of Abkhazia.
8. Those individuals who have illegally penetrated into the territory of Abkhazia, registered there, grabbed accommodation and land, other material valuables, represent illegal migrant and in accordance with the legislation of Georgia, in case of refusal on their part to voluntarily leave the Republic of Georgia, they shall be expelled from the country.
9. Foreigners, who participated in the hostilities against Georgia, as perpetrators of war crimes directed against peace and humanity, shall be held responsible in accordance with the penal law of the Republic of Georgia.
In accordance with the International law, the period of limitation, right to seek refugee in any country they maybe, shall not apply to the aforementioned individuals, and they shall be subject of extradition to the Georgian Authorities for punishment.
10. Any form of financial or material technical assistance rendered to the Abkhaz separatists shall be considered by the Parliament of Georgia as violation of territorial integrity and political sovereignty of the Republic of Georgia.
11. To ask the United Nations to send its fact-finding mission to Georgia in order to study the facts mass genocide in the Abkhazian region and prepare materials for submission to the International Tribunal.
Deputy Speaker of the Parliament of Georgia V. Rcheulishvili
10 March 1994
(Bulletin of the Parliament of Georgia, 1994, # 16, p. 24-29)


RESOLUTION 906 (25 MARCH 1994) ADOPTED BY THE UN SECURITY COUNCIL
The Security Council,
Reaffirming its resolutions 849 (1993) of 9 July 1993, 854 (1993) of  6 August 1993, 858 (1993) of 24 August 1993, 876 (1993) of 19 October 1993,  881 (1993) of 4 November 1993, 892 (1993) of 22 December 1993, 896 (1994) of  31 January 1994 and 901 (1994) of 4 March 1994,
Having considered the reports of the Secretary-General on the situation in  Abkhazia (Republic of Georgia) of 3 March 1994 (S/1994/253) and 18 March 1994  (S/1994/312 and Add.1),
Regretting that no agreement on a political settlement and on the return of  refugees and displaced persons has so far been reached in the negotiations  between the Georgian and Abkhaz sides,
Welcoming the letter from the Permanent Representative of the Republic of  Georgia of 24 March 1994 (S/1994/343) informing of the readiness of the Georgian  Government to continue the negotiations on a comprehensive political settlement,
Stressing again the grave situation in the Republic of Georgia created by  the presence of large numbers of persons displaced from Abkhazia, Republic of  Georgia,
Deploring in particular the violence which occurred in early February,
1. Takes note of the reports of the Secretary-General of 3 and  18 March 1994 (S/1994/253 and S/1994/312);
2. Calls upon once again all concerned to respect the sovereignty and  territorial integrity of the Republic of Georgia;
3. Stresses the right of all refugees and displaced persons to return to  their homes in secure conditions, throughout Abkhazia, Republic of Georgia, and urges the parties to come to an expeditious agreement with a view to  facilitating the effective realization of this right;
4. Urges also the parties to resume the negotiations as soon as possible  and to achieve substantive progress towards a political settlement, including on  the political status of Abkhazia, respecting fully the sovereignty and  territorial integrity of the Republic of Georgia, based on the principles set  out in its previous resolutions, so that the Security Council may adequately consider the possible establishment of a peace-keeping force in Abkhazia,  Republic of Georgia;
5. Encourages donor States to assist the Republic of Georgia to enable it  to overcome the consequences of the conflict, and to make contributions in  response to the United Nations huma­­ni­­tarian appeal;
6. Decides to extend the mandate of the United Nations Observer Mission  in Georgia (UNOMIG) for an additional interim period terminating on  30 June 1994;
7. Urges the parties to take all necessary steps to ensure the security  of UNOMIG personnel and its freedom of movement throughout the territory of the  Republic of Georgia;
8. Requests the Secretary-General to report to the Council on whatever  progress is made in the negotiations as soon as it is achieved, and in any case  no later than 21 June 1994, and on the situation on the ground, with special  attention to circumstances which might warrant a peace-keeping force and on the  modalities for such a force;
9. Decides to remain actively seized of the matter.
(www.un.org/docs)


QUADRIPARTITE AGREEMENT on voluntary return of refugees and displaced persons
The Abkhaz and Georgian sides, hereinafter referred to as the Parties, the Russian Federation and the United Nations High Commissioner for Refugees, Recalling Security Council resolutions 849 (1993) of 9 July 1993, 854 (1993) of 6 August 1993, 858 (1993) of 24 August 1993, 876 (1993) of 19 October 1993, 881 (1993) of 4 November 1993, 892 (1993) of 22 December 1993, 896 (1994) of 31 January 1994, 901 (1994) of 4 March 1994 and 906 (1994) of 25 March 1994,
Recognizing that the right of all citizens to live in and to return to their country of origin is enshrined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights,
Noting conclusions 18 (XXXI) and 40 (XXXVI) of the Executive Committee of the Programme of the Office of the United Nations High Commissioner for Refugees, which constitutes internationally agreed principles governing the repatriation of refugees,
Acting in accordance with the Memorandum of Understanding signed by the Parties on 1 December 1993 and especially paragraph 4, under which Parties expressed their willingness to create conditions for the voluntary, safe and dignified return of displaced persons to their permanent places of residence in all regions of Abkhazia,
Recalling that resolution 428 (V) of 14 December 1950, by which the General Assembly of the United Nations adopted the statute of the Office of the United Nations High Commissioner for Refugees, ascribes to the High Commissioner the function of providing international protection to refugees and of seeking permanent resolution for the problems of refugees by promoting and facilitating their voluntary return,
Given the responsibility entrusted to the United Nations High Commissioner for Refugees to act, under the Secretary-General’s authority, as the international lead agency for the repatriation of displaced persons to Abkhazia,
Noting the desire of the Parties to cooperate with each other to achieve full observance of the principles and safeguards governing voluntary repatriation,
Considering the need, therefore, to establish a framework to define modalities of such cooperation for implementation of the repatriation,
Noting that the Parties agree that a repatriation operation to Abkhazia will imply, prior to its implementation, that the security and living conditions in the areas of return are guaranteed. Have agreed on the following:
1. The Parties agree to cooperate and to interact in planning and conducting the activities to safeguard and guarantee the safe, secure and dignified return of people who have fled from areas of the conflict zone to the areas of their previous permanent residence.
2. For the purpose of the present agreement, the Parties will guarantee the safety of refugees and displaced persons in the course of the voluntary repatriation and rehabilitation operations to be organized.
3. In implementing this voluntary repatriation programme, the Parties undertake to respect the following principles:
a) Displaced persons/refugees have the right to return voluntarily to their places of origin or residence irrespective of their ethnic, social or political affiliation under conditions of complete safety, freedom and dignity;
b) The voluntary character of the repatriation shall be ascertained and respected through appropriate arrangements;
c) Displaced persons/refugees shall have the right to return peacefully without risk of arrest, detention, imprisonment or legal criminal proceedings.
Such  immunity shall not apply to persons where there are serious evidence they have committed:
- war crimes and crimes against humanity as it is determined in international documents; or  - heavy crimes; or
- have previously taken part in the hostilities and are currently serving in armed formations, preparing to conduct military operations in Abkhazia.
Persons falling into these categories should be informed through appropriate channels of the possible consequences they may face upon return;
d) The Parties shall ensure that returnees, upon return, will enjoy freedom of movement and establishment including the right to return to the areas where they lived prior to leaving the conflict zone or to the area of their choice;
e) The Parties shall ensure that refugees and displaced persons, upon return, will get their expired documents (propiska, passport) extended and validated for their previous place of residence or the elected place of return;
f) The Parties shall ensure that repatriants, upon return, will be protected from harassment, including unauthorized charges or fees and threat to life or property;
g) Returnees shall, upon return, get back movable and immovable properties they left behind and should be helped to do so, or to receive whenever possible an appropriate compensation for their lost properties if return of property appears not feasible.
The Commission mentioned in paragraph 5 below will establish a mechanism for such claims. Such compensation should be worked out in the framework of the reconstruction/rehabilitation programmes to be established with a financial assistance through the United Nations Voluntary Fund;
h) Displaced persons/refugees who choose not to return to Abkhazia shall continue to be assisted and protected until acceptable alternative solutions are found for such cases;
i) In accordance with the fundamental principle of preserving family unity, where it is not possible for families to repatriate as units, a mechanism shall be established for their reunification in Abkhazia. Measures shall also be taken for the identification and extra care/assistance for unaccompanied minors and other vulnerable persons during the repatriation process;
j) The Parties agree that refugees and displaced persons will be guaranteed unimpeded access to all available information on the situation in the areas where repatriation will take place. Such an information should  be provided in the framework of a campaing to be launched by the Commission as mentioned in paragraph 9 (b)  below.
4. For the purpose of the implementation of voluntary return of displaced persons and refugees to Abkhazia, a quadripartite Commission is hereby established.
5. The principle tasks of the Commission shall be to formulate, discuss and approve plans to implement programmes for the safe, orderly and voluntary repatriation of the refugees and displaced persons to Abkhazia from Georgia, the Russian Federation and within Abkhazia and for their successful reintegration. Such plans should include registration, transport, basic material assistance for a period of up to six months and rehabilitation assistance.
In order to create the conditions for the return of refugees and displaced persons, the Commission will establish a working group of experts to undertake an assessment of the level of damage to the economic and social infrastructure in Abkhazia, the availability of housing and the extent of damage to houses in the areas of return as well as the projected needs in rehabilitation/reconstruction, with financial implications. This survey should be undertaken region by region according to the plan of return to be worked out and accepted by the Parties, bearing in mind that the Parties have agreed to start the repatriation operation with the Gal[i] region.
6. The Commission shall be composed of four members, one being designated by each of the Parties and two representing the Russian Federation and the United Nations High Commissioner for Refugees.
In addition, the Conference on Security and Cooperation in Europe (CSCE) will designate a representative to attend the Commission’s meetings in an observer capacity. If circumstances do not allow the designated CSCE representative to attend such meetings, the Commission will keep the CSCE mission in Georgia informed on a regular basis on the progress of the Commission’s work.
7. Any member of the Commission may, when attending any meeting of the Commission, be accompanied by such advisers as the Party designating that member may deem necessary. Where a member of the Commission is unable to attend any meeting of the Commission, the Party concerned may designate a substitute.
8. The Commission shall meet as often as required, but no less frequently than once every month. Meetings of the Commission may be convened at the request of any of the members and shall be held on the territory of the Russian Federation, except as the members of the Commission may otherwise agree. The Parties agree to guarantee the personal security of the members of the Commission and personnel involved in the activities agreed.
The first meeting of the Commission shall be scheduled as soon as possible and no later than one week after the adoption by the Security Council of a resolution on a mechanism ensuring the security conditions in the areas of  return.
9. During its first meeting, the commission will set out the medalities of the assessment mentioned in paragraph 5 above and will establish a plan concerning:
a) The areas where repatriation will be primarily conducted according to the level of guaranteed security and preparedness;
The implementation of an information campaign amang the displaced person/refugee
population encourage voluntary return;
c) The registration process of persons expressing their willingness to return;
d) The activities needed to safeguard the safety or returnees based on the principles set out in paragraph 3 (a-j);
e) The needs for financial, transport and basic material assistance to displaced persons/refugees as well as projected needs for rehabilitation/reconstruction of the areas of return as mentioned in paragraph 5 above.
10. The Parties agree that representatives of refugees and displaced persons shall be provided with facilities to visit the areas of return and to see for themselves arrangements made for their return.
11. In the event of disagreement within the Commission regarding the application and interpretation of this Agreement, where such disagreement cannot amicably be settled among the members of the Commission, the Commission shall refer such disagreements to the Parties and to the Russian Federation and the United Nations High Commissioner for Refugees.
The Parties, the Russian Federation and the United Nations High Commissioner For Refugees agreed:
a) UNHCR shall have direct and unhindered access to all displaced persons/refugees from Abkhazia in order to undertake activities essential to the discharge of its mandate and operational monitoring responsibilities;
b) Travel shall be facilitated between and within all areas where refugees and displaced persons are located and areas of return for the personnel of the United Nations and other relevant international and non-governmental agencies cooperating with the United Nations in repatriation, reintegration and rehabilitation programmes. It shall include the free use of airspace and authorized airstrips and airports for relief flights and the exemption from taxes and duties of all goods imported for use in the voluntary repatriation programmes of displaced persons/refugees from Abkhazia and for the provision of relief integration and rehabilitation assistance to the Abkhazian region by the United Nations and cooperating agencies, as well as the expeditious clearance and handling of such goods;
c) The Russian Federation will guarantee unimpeded transit of humanitarian supplies through its territory for the purposes of the present Agreement;
d) UNHCR shall establish local offices, as deemed appropriate, at locations to be approved by the Parties concerned, to facilitate voluntary repatriation, reintegration and rehabilitation;
e) The security of the staff and property of the United Nations and the cooperating agencies shall be guaranteed;
f) The allocation and continued use by the Parties, the United Nations and the cooperating agencies of particularly designated radio frequencies for radio communications between their offices, vehicles, and staff, in areas where refugees and displaced persons are located and in areas of return, shall be provided.
This agreement shall enter into force with immediate effect and shall remain in force for the period required for the effective voluntary return of the displaced persons/refugees.
In witness whereof, the authorized representatives of the Abkhaz and Georgian sides, the Russian Federation and the United Nations High Commissioner for Refugees, have signed the present agreement.
Done at Moscow, 4 April 1994 in four original copies, three in Russian language, and one in English language, at that the four texts are equally authentic but the English text will be authoritative for interpretation purposes.
For the Georgian side: A. Kavsadze
For the Abkhaz side: S. Dzhindzholia
For the Russian Federation: B. Pastukhov
For the United Nations High Commissioner for Refugees: J. Amunategul
(www.un.org/docs)


DECLARATION on measures for a political settlement of the Georgian-Abkhaz conflict
1. The third round of negotiations on a comprehensive settlement of the Georgian-Abkhaz conflict took place from 22 to 25 February 1994 in Geneva, from 7 to 9 March 1994 in New York and from 29 to 31 March in Moscow under the  auspices of the United Nations with the facilitation of the Russian Federation and with participation of representatives of the Conference on Security and Cooperation in Europe (CSCE) and the United Nations High Commissioner for Refugees (UNHCR).
2. The negotiations were held in accordance with the Security Council resolutions 849 (1993) of 9 July 1993, 854 (1993) of 6 August 1993, 858 (1993) of 24 August 1993, 876 (1993) of 19 October 1993, 881 (1993) of 4 November 1993, 892 (1993) of 22 December 1993, 896 (1994) of 31 January 1994, 901 (1994) of 4 March 1994 and 906 (1994) of 25 March 1994.
3. By signing this declaration, the sides have committed themselves to a strict formal cease-fire from this date and also reaffirm their commitment to the non-use of force or threat of the use of force against each other pursuant to the Communiquй of 13 January 1994.
4. The sides have agreed and signed a quadripartite agreement, a copy of which is attached to the present Declaration, on the voluntary return of refugees and displaced persons. The agreement ensures the return of refugees and displaced person in accordance with existing international practice, including the practice of the UNHCR.
A special commission on refugees/displaced persons, which shall include representatives of the sides, the UNHCR, the Russian Federation, and the CSCE as an observer, shall begin its work in Sochi in mid April 1994. The implementation of the agreement shall begin upon the deployment of a peacekeeping force.
5. The sides reaffirm their request for the early deployment of a peacekeeping operation and for the participation of a Russian military contingent in the United Nations peacekeeping force, as stated in the Memorandum of Understanding of 1 December 1993 and the Communiquй of 13 January 1994. The plan for carrying out the peacekeeping operation shall be agreed with the sides to the conflict.
The realization of the peacekeeping operation should also promote the safe return of refugees and displaced persons.
The sides call on again the United Nations Security Council to expand the mandate of the United Nations Observers’ Mission in Georgia (UNOMIG).
6. Abkhazia has its own Constitution and legislation and appropriate state symbols, such as anthem, emblem and flag.
7. The sides discussed the issues on distribution of powers respecting the fact that any agreement on this issue is part of a comprehensive settlement and will only be fulfilled when the final settlement of the conflict is reached.
At this stage, the sides have reached mutual understanding regarding the authority for joint action in the following fields:
a) Foreign policy and forging economic relations;
b) Border-guard arrangements;
c) Customs;
d) Energy, transport and communication;
e) Ecology and elimination of the consequences of natural disasters;
f) Ensuring human and civic rights and freedoms and the rights of national minorities.
8. The sides to make continuous efforts in order to achieve a comprehensive settlement.
The sides will set up an appropriate committee, which will work on a standing basis, respecting the decisions of the Security Council under the chairmanship of the United Nations, with participation of representatives of the CSCE and the Russian Federation and with the involvement of international experts. This body will meet alternatively in Moscow and Geneva. Its first meeting will be held in Geneva on 19 April 1994. A phased action programme will be worked out and proposals on the reestablishment of state and legal relations will be elaborated.
9. The sides agreed to carry out additional measures aimed at search for missing persons and the reburial of the deceased.
10. Based on the principle of inevitability of punishment of persons, those who committed war crime and crime against humanity, as well as other heavy crimes, and as it is determined by international and national law - the sides agreed to intensify the investigation of such crimes and bring the perpetrators to justice.
Inevitable punishment shall also be resorted against the persons who try or will try to undermine the peace process in Abkhazia by using the arms.
For the Georgian side: J. Ioseliani
For the Abkhaz side: S. Dzhindzholia
From the United Nations: E. Brunner
From the Russian Federation: B. Pastukhov
From the Conference on Security and Cooperation in Europe: A. Manno
4 April 1994
(www.un.org/docs)


DECLARATION on the results of the First Meeting of the Quadripartite Commission on the issues of voluntary return of refugees and displaced persons
Proceeding from the Quadripartite Agreement of 4 April 1994 signed in Moscow on voluntary return of refugees and displaced persons the first meeting of the quadripartite Commission was held on 8-9 of April in Sochi.
In the course of the meeting the schedule of the work of quadripartite Commission was discussed, including activity of experts on certain issues.
It was decided to hold the next meeting of the Commission on 26 April 1994.
The sides agreed that before the next meeting of the quadripartite Commission the UNHCR Mission would pay a working visit to Gali region of Abkhazia and the places of settlement of refugees in order to elaborate the plans for triggering the measures on return of refugees and displaced persons.
The sides reaffirmed their readiness to pursue principles and proposals of the Moscow Agreement of 4 April 1994 on voluntary return of refugees and displaced persons proceeding from the fact that the process of return would be connected with deployment of the peacekeeping forces.
At the same time the sides assume that concrete steps for preparatory work on return of refugees and displaced persons shall be started expeditiously.
On behalf of Georgian side V. Vashakidze
On behalf of Abkhaz side L. Lakerbaia
On behalf of Russian side N. Chulkov
On behalf of UNHCR A. Verwey
Sochi, 9 April 1994
(Newspaper “Svobodnaia Gruzia”, # 57, 12 April 1994)


DECLARATION on observing sovereignty, territorial integrity and inviolability of  borders of the CIS member-states
The heads of State of the CIS
Based on the aspiration of the Peoples of the CIS member states to maintain and strengthen traditional close cooperation and good-neighbourly relations,
Stressing the crucial importance of the problems related o the strengthening of peace and security on the territories of the CIS member-countries in the context of common European and international security, observing sovereignty, territorial integrity and inviolability of borders of the CIS member-countriesDeeply concerned about the military conflict of different characters,
Being guided by norms of international law, goals and principles of the UN Charter, CSCE and fundamental documents of the CIS,
Respecting the sovereignty, territorial integrity and inviolability of borders of the CIS member-states,
Realizing the interrelated security of the CIS member-countries Being adherent to the common goal of strengthening the CIS
declare, that the member states of the CIS:
Shall secure the principles of sovereignty, territorial integrity and inviolability of borders in their relations.
1. Confirm, that when establishing friendly relations, the state refrain themselves from military, political, economic and other forms of pressure, including blockade against each-other; they shall not support and use separatism against territorial integrity and inviolability, as well as political independence of any other member-state of the CIS.
2. Assert that forcible seizure of the territory shall not be recognized and the occupation of the territory of the state shall not be used for international recognition or imposing the changing of a legal status.
3. Express firm belief that observing principles of the policy of non-intervention to the affairs of each-other is the key precondition for establishment of friendly relations and partnership between the member-states of the CIS.
4. Shall eliminate pursuant to their national legislation creation and operation of organizations and groups, as well as the activity of certain individuals against the independence and territorial integrity of a member-state of the CIS.
5. Confirm the readiness to encourage the regulation of disputes and conflicts through reconciled mechanisms provided by the relevant documents adopted within the frame of the CIS, the UN and the CSCE.
6. Shall discuss implementation of fundamental documents of the CIS, international treaties and agreements related to the issues of this Declaration at the regular summits of the Heads of States of the CIS in order to assure their effective application.
7. Done at Moscow, 15 April 1994, in one original copy in Russian.
15 April 1994
(Newspaper “Svobodnaya Gruzia”, # 62, 19 April 1994)


DECLARATION OF THE PARTICIPANTS OF THE SECOND MEETING OF THE QUADRIPARTITE COMMISSION on the issues of voluntary return of refugees and displaced persons
In the course of meeting the Protocol of the First Meeting of the Commission, held on 8-9 April 1994 in Sochi was signed.
The composition of the experts for working groups on elaboration of recommendations and rules and establishment of conditions for voluntary and safe return of refugees/ displaced persons was determined, as well as for information campaign, issues of registration and elaboration of the return programme.
The report by the UNHSR on the visit in western regions of Georgia and Gali region of Abkhazia was heard.
The draft project on registration procedures of refugees and displaced persons was heard.
The Agenda for the next meeting was set up that will be held on May 11 in Sochi.
The Commission notes that at the absence of peacekeeping forces the deployment of which is a key moment for establishment of conditions for the return considered in Moscow Agreement of 4 April 1994, its activity can be limited with preparatory work.
The meeting was held in constructive environment and mutual understanding.
For the Georgian side V. Vashakidze
For the Abkhaz side L. Lakerbaia
For the Russian Federation  N. Chulkov
For the UNHCR T. Rahman
Sochi, 27 April 1994
(Newspaper “Svobodnaia Gruzia”, # 71, 4 May 1994)
    

ANNEX TO THE REPORT OF THE UN SECRETARY- GENERAL on the situation in Abkhazia, Georgia; Proposals for political and legal elements for a comprehensive settlement of the Georgian-Abkhaz conflict
1. Abkhazia will be a subject with sovereign rights within the framework of a union State to be established as a result of negotiations after issues in dispute have been settled. The name of the union State will be determined by the parties in the course of further negotiations. The parties acknowledge the territorial integrity of the union State, created as indicated above, within the borders of the former Georgian Soviet Socialist Republic on 21 December 1991.
2. Abkhazia will have its own Constitution and legislation and appropriate State symbols, such as anthem, emblem and flag.
3. Structures of power of the union State will be created for carrying out mutually delegated competences in the following areas of joint activity already agreed by the parties:
a) Foreign policy and foreign economic relations;
b) Border services;
c) Customs services;
d) Energy, transport and communications;
e) Ecology and measures to eliminate the consequences of natural disasters;
f) Protection of human and civic rights and freedoms and the rights of national minorities.
Additions to the areas of joint activity may be made by agreement between the parties. Within the areas of joint competence, issues of interest specific to Abkhazia will be decided only with the consent of Abkhazia.
4. Outside the areas of joint competence, Abkhazia will enjoy the full measure of State power, including measures to ensure public order. Police and law-enforcement bodies in Abkhazia will be established on a multi-ethnic basis.
5. In international relations, including membership of international organizations, the union State will be represented as a single subject, with the participation of Abkhazia. In the areas of its competence, Abkhazia will have the right to conclude international treaties.
6) The parties agree to give appropriate constitutional status to the political and legal principles of comprehensive settlement agreed by them.
7) The parties appeal to the United Nations and the Russian Federation to guarantee the agreement reached by them and agree to comply with decisions taken by the guarantors.
3 May 1994
(www.un.org/docs)


Proposal For The Establishment of  a Coordinating Commission, signed in Moscow on 11 May 1994
1. Both parties to the conflict agree to establish a Coordinating Commission to discuss practical matters of mutual interest (energy, transport, communications, ecology and so on). The Commission will be established for the transitional period until the conflict has been resolved.
2. The Coordinating Commission will work in the town of Sochi. At its first meeting, which will take place on 1 June 1994, the Commission will be chaired by a representative of the Russian Federation. Further meetings will be chaired alternately by representatives of both parties, unless agreed otherwise.
3. Both parties to the conflict will each designate four representatives of their choice to the Coordinating Commission. Both parties invite representatives of the United Nations, the Russian Federation and the Conference on Security and Cooperation in Europe to participate as observers in the work of the Commission. In discussion of matters affecting both the interests of the parties and territory of the Russian Federation, the representatives of the latter will take part in the work of the Commission with the rights of a delegation.
4. By the first meeting of the Coordinating Commission the parties to the conflict will prepare proposals for the programme of work of the Coordinating Commission, including those to be discussed at its first meeting. Both parties welcome the readiness of the observers to present their proposals for the programme of work of the Commission.
5. Proposals for the work of the Coordinating Commission will be prepared taking into account the provisions of paragraphs 3, 5 and 6 of the Memorandum of Understanding between the Georgian and the Abkhaz sides of 1 December 1993 (S/26875, appendix).
6. The Commission will act without prejudice to the work of the standing committee agreed on in the Moscow declaration of 4 April 1994 (S/1994/397, annex I).
7. Both parties agree to take all decisions by consensus of delegations.
8. Participation in the Coordinating Commission will not prejudge the legal positions of both parties with regard to the future status of Abkhazia.
For the Georgian side: (Signed) J. Ioseliani
For the Abkhaz side: (Signed) S. Jinjolia
In the presence of:
From the United Nations: (Signed) E. Brunner
From the Russian Federation: (Signed) B. Pastukhov
From the Conference on Security and Cooperation in Europe: (Signed) V. Manno
(www.un.org/docs)


AGREEMENT  on a Cease-fire And Separation of  Forces
In the statement on Measures for a Political Settlement of the Georgian–Abkhaz Conflict, signed in Moscow on 4 April 1994, the Sides committed themselves to strict compliance with a formal cease-fire from that date, and once again reaffirmed their commitment to the non-use of force or threat of the use of force against each other, as expressed in their Communiquй dated 13 January 1994. That commitment remains in force. This Agreement on a Case-fire and Separation of forces lays the official basis to this commitment.
1. The sides shal formly observe the cease-fire on land, in the sea and in the air and shal refrain from all military actions against each other.
2. The armed forces of the sides shal be separated in accordance with the following principles:
1) The area berween  lines B and D on the attached map shall encompass a security zone. There shall be no armed forces or heavy military equipment within this zone. The territory between lines A and B and lines D and E shall constitute a restricted-weapons zone. There shall be no heavy military equipment within this zone. The local civil authorities shall function in the security zone and the restricted-weapons zone. The police militia employed  for this purpose may carry personal arms.
Heavy military equipment includes:
- All artillery and mortars of a caliber exceeding 80 mm;
- All tanks;
- All armored vehicles;
2) The peacekeeping force of the Commonwealth of Independent States and the military observers, in ac­­co­­rdance with the Protocol to this Agreement, shall be deployed in the security zone to monitor compliance with this Agreement;
3) The heavy military equipment to be withdrawn from the security zone and the restricted-weapons zone shall be stored in designated areas to be determined by the parties and shall be monitored by the United Nations military observers;
4) Under the supervision of representatives of the peace-keeping force of the Commonwealth of Independent States and the United Nations observers, with the participation of representatives of the sides from the Kodori gorge, the troops of the Republic of Georgia shall be withdrawn to their places of deployment beyond the frontiers of Abkhazia;
A regular patrol of the peace-keeping force and international observers shall be organized concurrently in the Kodori gorge.
5) All volunteer formations made up of persons outside of the frontiers of Abkhazia shall be disbanded and withdrawn;
6) The movement of units and sub-units of the peace-keeping force and of the international observers outside the security zone in the relevant areas shall be subject to agreement with the sides;
7) United Nations military observers shall also monitor the coastal waters and airspace between lines A and D;
8) In the event of an attack or a direct military threat against the peacekeeping force, it shall take appropriate measures for its safety and self-defence.
3. The precise demarcation on a detailed map and a plan for the separation of forces in the initial phase of the deployment of the peace-keeping force shall be worked out by the command of the peace-keeping force with the participation of the sides in the context of a stage-by-stage, comprehensive settlement, with a continuation of the return of refugees and displaced persons and in compliance with this Agreement, in a working group, which shall begin its work to this end in Moscow within five days after the signing of this Agreement. It shall complete this task within five days. Disengagement shall commence five days after the working group has completed its task. The process of disengagement shall be completed no later than 10 days after it has commenced.
4. A map 3B and 3OB indicating the security zone and the restricted-weapons zone is contained in the appendix.
The Protocol concerning the peacekeeping force of the Commonwealth of Independent States is as follows:
The sides agree that:
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. It shall supervise the implementation of the Agreement and the Proticol thereto with regard to the security zone and the restricted-weapons zone in carrying out its mission, the force shall comply with local laws and regulations and shall not hamper the functioning of the local civil administration. It shall enjoy freedom of movement in the security zone and the restrected-weapons zone and freedom of communicatins, and other facilities needed to fulfil its mission.
 The peackeeping force of the commonwealth of indepedent States shall operate under the interim Unified Command and the Commander of the Peackeeping Force.
5. The process of achieving a comprehensive political settlement shall be continued.
6. The sides appeal to the United Nations Security Council to expand the mandate of the United Nations military observers in order to provide their participation in the above mentioned operations.

 7. On the basis of the statement by the Council of Heads of State of the Commonwealth of Inde­­pe­­­ndent States of 15 April 1994 the parties appeal to the Council to take a decision on the use of a co­­lle­­­­­­ctive peacekeeping force in the Georgian-Abkhaz conflict zone.
For the Georgian side:  J. Ioseliani
For the Abkhaz side:  S. Jinjolia
14 May 1994
(www.un.org/docs)


STATEMENT OF THE PARLIAMENT OF GEORGIA
The Parliament of Georgia voices its dismay with certain clauses in the recent documents submitted by the Secretary-General of the UN Boutros Boutros Ghali to the Security Council on 3 May of the current year and the report regarding the peace negotiations on conflict settlement in the region of Abkhazia and the status of Abkhazia in state arrangement of Georgia (Annex II).  Such development of the peace process and escalation of social-political tension in Georgia represent a real threat to the territorial integrity of the country and its centuries-old statehood.  All the aforementioned jeopardizes the process of peace negotiations that may entail a new wave  of military confrontation in the Caucasus Region.
The Parliament of Georgia, considering necessary continuation of the process of peaceful regulation of the conflict with participation of International Organizations and interested sides, welcomes the effort towards the return of refugees and displaced people in the region. At the same time, the Parliament of Georgia declares, that from the point of national interests, the political status of Abkhazia within the Republic of Georgia is the issue of paramount importance.  it shall be decided with respect of rights of the multi-ethnic population of Abkhazia to realization of the function of the autonomous management, as well as with respect of necessary competence of the central power of Georgia, which, in compliance with the world standards, is the fundamental for existing state institutions.
The Parliament of Georgia deems necessary to maintain within the competence of unified republic the basic elements: compliance of the Constitution of Abkhazia with the Constitution of the Republic of Georgia; unified monetary system; borders; army; foreign policy of the central power; clear separation of certain issues under the joint competence in the field of human rights, environment protection and others.
Expressing once again its hope to the peaceful settlement of the conflict in Abkhazia, the Parliament of Georgia, being one of the legitimate organ bearer of the will of the population of Georgia, declares, that it will not reconcile with dissolution of the unified state of Georgia and any agreement, which jeopardizes the territorial integrity and state sovereignty of Georgia, will be considered as having no legal force.
Tbilisi, 24 May 1994  
(Bulletin of the Parliament of Georgia, 1993, # 18, p. 236-237/in Georgian)


JOINT  STATEMENT
On the initiative of the CSCE Mission to Georgia and as a follow up to the meeting that took place on 12 May 1994, on 14 June 1994, a regular meeting between the Parties, that aimed at further search for ways that would lead to peace and reconciliation, took place in Vladikavkaz.
These officials took part in the meeting.
Georgia: Vazha Khachapuridze, Nodar Lomouri, Giorgi Nikolaishvili, Gocha Guniava, Givi Mtvarelidze.
South Ossetia: Znaur Gasiev, Dimitry Medoev, Boris Chochiev, Iuri Dzitsoity.
North Ossetia: Teimuraz Kusov, Anatoly Kachmazov.
CSCE: Hans-Iorg Ayiff, Michael Vaigant, Laslo Beladiy, Fransua de Lavarey.
The Parties agreed upon the following:
1. To carry out joint activities aimed at stabilization of the situation in the zone of conflict;
2. To carry out joint struggle against the organized crime, especially in the sphere of drug-business;
3. To restore auto and railway communications between Tskhinvali and other towns;
4. To start cooperation on economic recover aimed at revival of agriculture and industry;
5. To carry out joint activities aimed at restoration of residential buildings and corresponding infrastructure;
6. To set up a joint committee composed of responsible officials of healthcare sector, in order to identify needs of the population and take adequate steps aimed at improving the healthcare services of the population;
7. To secure safe movement in the zone of conflict;
8. To resume the work of Mixed Control Commission or set up a new quadripartite joint body (Russia, Georgia, South Ossetia, North Ossetia) with participation of CSCE in both cases;
9. To contribute to maintenance of peace and stability in the zone of conflict through observation activities of the CSCE Mission;
10. Through joint efforts, to create material and legal basis for speedy return of refugees and appeal to the peace-keeping forces to create necessary conditions that would guarantee security of refugees, as well as secure support from the UN High Commissioner for Refugees;
11. To start a  process of elaboration of issues of political settlement of the conflict;
The Parties also agreed, in order to evaluate achieved results and future steps to be taken,  to hold the next meeting in the nearest future that shall be organized by the CSCE Mission.
On behalf of Georgia V. Khachapuridze
On behalf of the South Ossetia Z. Gassiev
On behalf of the North Ossetia T. Kusov
On behalf of the CSCE H. Eiff
14 June 1994
(Newspaper “Svobodnaia Gruzia”, # 98, 18 June 1994)


RESOLUTION 934 (30 June 1994) adopted by the UN Security Council
The Security Council,
Reaffirming its resolutions 849 (1993) of 9 July 1993, 854 (1993) of 6 August 1993, 858 (1993) of 24 August 1993, 876 (1993) of 19 October 1993,881 (1993) of 4 November 1993, 892 (1993) of 22 December 1993, 896 (1994) of 31 January 1994, 901 (1994) of 4 March 1994 and 906 (1994) of 25 March 1994,
Having considered the Secretary-General’s report of 16 June 1994
Recalling the letter of 16 June 1994 from the President of the Security Council to the Secretary-General,
Noting the letter of 21 June 1994 from the Foreign Minister of the Russian Federation to the Secretary-General Noting that talks between the parties on a comprehensive political settlement will resume shortly and urging the parties to achieve substantive progress towards a political settlement consistent with the principles set out in its previous resolutions,
1. Welcomes the Secretary-General’s report of 16 June 1994;
2. Notes with satisfaction the beginning of Commonwealth of Independent States (CIS) assistance in the zone of conflict, in response to the request of the parties, on the basis of the 14 May 1994 Agreement on a Cease-fire and Separation of Forces, in continued coordination with the United Nations Observer Mission in Georgia (UNOMIG), and on the basis of further coordinating arrangements with UNOMIG to be agreed by the time of the Council’s consideration of the Secretary-General’s recommendations on the expansion of UNOMIG;
3. Decides to extend until 21 July 1994 the existing mandate of the United Nations Observer Mission in Georgia (UNOMIG) at its current authorized strength, within which period the further expansion of UNOMIG as recommended in the Secretary-General’s report of 6 June 1994 will be addressed;
4. Requests the Secretary-General, in the light of the letter of 16 June 1994 from the President of the Security Council, to report to the Council on the outcome of discussions between UNOMIG, the parties and the CIS peace-keeping force designed to reach an agreement on the arrangements which would exist on the ground for coordination between an expanded UNOMIG and the CIS peace-keeping force;
5. Reaffirms its readiness to consider detailed recommendations on the expansion of UNOMIG along the lines of the ideas set out in paragraph 7 of the Secretary-General’s report of 6 June 1994;
6. Decides to remain actively seized of the matter.
(www.un.org/docs)


PROTOCOL OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE REPUBLIC OF GEORGIA AND THE GOVERNMENT OF THE RUSSIAN FEDERATION TO THE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF GEORGIA AND THE GOVERNMENT OF THE RUSSIAN FEDERATION on Economic Restoration of the Regions Located in the Zone of Georgian-Ossetian Conflict, Signed on 14 September 1993.
In order to secure elaboration and implementation of the annual programs of restoration works in the zone of Georgian-Ossetian conflict, as laid down in the article 2 of the Agreement between the Government of the Republic of Georgia and the Government of the Russian Federation on Economic Restoration of the Regions Located in the Zone of Georgian-Ossetian Conflict, Signed on 14 September 1993, the Parties agreed on the following:
Article 1
The Parties shall create a joint executive body aimed at solving the problems related to financing, material-technical provision and organization of construction works.
Article 2
The Georgian part of the Joint Executive Body shall be represented by the Republican Coordination Center for Material-technical Provision and Organization of Construction Works in the Tskhinvali region ( Head - O.V.Kiknadze).
The Russian side of the Joint Executive Body shall be represented by the Russian Commission on the Issues of Economic Recovery of Regions of South Ossetia (Chair – A.A.Babenko)
Article 3
The Head of the Republican Coordination Center for Material-technical Provision and Organization of Construction Works in the Tskhinvali region and Chairman of the Russian Commission on the Issues of Economic Recovery of Regions of South Ossetia are co-chairs of the Joint Executive Body.
Article 4
The Joint Executive Body shall coordinate its work with the Mixed Control Commission and hold joint plenary sessions when deemed necessary, but no less than once in a quarter.
Article 5
The present Protocol shall come into effect as soon as it is signed.
Concluded on 5 July 1994 in two copies and both of them are of equal value.
On behalf of the Government of Georgia I. Menagarishvili
On behalf of the Russian Federation A. Shokhin
(Archive of the Ministry of Foreign Affairs of Georgia)


RESOLUTION 937 (21 July 1994) ADOPTED BY THE UN SECURITY COUNCIL
The Security Council,
Reaffirming its resolutions 849 (1993) of 9 July 1993, 854 (1993) of  6 August 1993, 858 (1993) of 24 August 1993, 876 (1993) of 19 October 1993,  881 (1993) of 4 November 1993, 892 (1993) of 22 December 1993, 896 (1994) of  31 January 1994, 906 (1994) of 25 March 1994 and 934 (1994) of 30 June 1994,
Recalling the letter of 16 June 1994 from the President of the Security  Council to the Secretary- General (S/1994/714),
Having considered the report of the Secretary-General of 12 July 1994  (S/1994/818 and Add.1),
Reaffirming its commitment to the sovereignty and territorial integrity of  the Republic of Georgia, 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  on voluntary return of refugees and displaced persons (S/1994/397, annex II),  signed in Moscow on 4 April 1994,
Welcoming the Agreement on a Cease-fire and Separation of Forces signed in  Moscow on 14 May 1994 (S/1994/583),
Recognizing the importance of consistent and full compliance with the  Declaration on measures for a political settlement of the Georgian-Abkhaz  conflict (S/1994/397, annex I) and the Quadripartite Agreement,
Stressing the crucial importance of progress in the negotiations under the  auspices of the United Nations and with the assistance of the Russian Federation  as facilitator and with the participation of representatives of the Conference on Security and Cooperation in Europe (CSCE) to reach a comprehensive political  settlement of the conflict, including on the political status of Abkhazia,  respecting fully the sovereignty and territorial integrity of the Republic of  Georgia, based on the principles set out in its previous resolutions,
Stressing also that this progress would allow the Council to reconsider the  possible establishment of a peace-keeping force in Abkhazia, Republic of  Georgia, as proposed in the letter of 7 September 1993 from the Ministers for  Foreign Affairs of the Republic of Georgia and of the Russian Federation to the  Secretary-General (S/26478),
Stressing further the need to prevent any resumption of hostilities in the  area,
Deeply concerned about the humanitarian situation, and the dangers which  could arise within the region if the large numbers of refugees and displaced  persons are not able to return to their homes in secure conditions,
Taking note of the address of the Head of State of the Republic of Georgia  of 16 May 1994, and that of the Chairman of the Supreme Soviet of Abkhazia of  15 May 1994, to the Council of the Heads of State of the Commonwealth of Independent States (CIS), and recognizing that the deployment of a CIS  peace-keeping force to the area is predicated upon the request and consent of  the parties to the conflict,
Noting the statements in the letter of the Minister for Foreign Affairs of  the Russian Federation to the Secretary-General of 21 June 1994 (S/1994/732,  annex) concerning the mandate of the CIS peace-keeping force and its duration,
Noting with satisfaction the readiness of the Russian Federation to  continue to inform the members of the Security Council on the activities of the  CIS peacekeeping force,
Welcoming the closer cooperation and coordination envisaged between the  Secretary-General of the United Nations and the Chairman-in-Office of the CSCE,  in particular as regards their efforts to achieve a comprehensive political  settlement in the Republic of Georgia,
Underlining the importance of the relevant provisions of the documents of  the Helsinki Summit of the CSCE of 1992 (S/24370) and of the ministerial meeting  of the CSCE held in Rome on 30 November and 1 December 1993 (S/26843), including  those concerning peace- keeping activities in the CSCE area,
Noting the assurances given by the parties and the representatives of the  CIS peace-keeping force concerning the full freedom of movement for the United  Nations Observer Mission in Georgia (UNOMIG) in the performance of its mandate,  both within the zone of operations of the CIS peace-keeping force and in other relevant parts of the territory of the Republic of Georgia,
1. Welcomes the report of the Secretary-General of 12 July 1994;
2. Calls upon the parties to intensify their efforts to achieve an early  and comprehensive political settlement under the auspices of the United Nations  with the assistance of the Russian Federation as facilitator and with the  participation of representatives of the CSCE, and welcomes the wish of the  parties to see the United Nations continue to be actively involved in the  pursuit of a political settlement;
3. Commends the efforts of the members of the CIS directed towards the  maintenance of a cease-fire in Abkhazia, Republic of Georgia, and the promotion  of the return of refugees and displaced persons to their homes in accordance  with the Agreement signed in Moscow on 14 May 1994 in full cooperation with the  United Nations High Commissioner for Refugees (UNHCR) and in accordance with the  Quadripartite Agreement;
4. Welcomes the contribution made by the Russian Federation, and  indications of further contributions from other members of the CIS, of a  peace-keeping force, in response to the request of the parties, pursuant to the  14 May Agreement, in coordination with UNOMIG on the basis of the arrangements  described in the Secretary-General’s report of 12 July 1994, and in accordance  with the established principles and practices of the United Nations;
5. Decides to authorize the Secretary-General to increase the strength of  UNOMIG, as required, up to 136 military observers with appropriate civilian  support staff;
6. Decides also that the mandate of an expanded UNOMIG, based upon the  recommendations in the Secretary-General’s report, shall be as follows:
(a)To monitor and verify the implementation by the parties of the  Agreement on a Cease-fire and Separation of Forces signed in Moscow on  14 May 1994;
(b)To observe the operation of the CIS peace-keeping force within the  framework of the implementation of the Agreement;
(c)To verify, through observation and patrolling, that troops of the  parties do not remain in or re-enter the security zone and that heavy military  equipment does not remain or is not reintroduced in the security zone or the  restricted weapons zone;
(d)To monitor the storage areas for heavy military equipment withdrawn  from the security zone and the restricted weapons zone in cooperation with the  CIS peace-keeping force as appropriate;
(e)To monitor the withdrawal of troops of the Republic of Georgia from  the Kodori valley to places beyond the boundaries of Abkhazia, Republic of  Georgia;
(f)To patrol regularly the Kodori valley;
(g)To investigate, at the request of either party or the CIS peace-keeping force or on its own initiative, reported or alleged violations of the  Agreement and to attempt to resolve or contribute to the resolution of such  incidents;
(h)To report regularly to the Secretary-General within its mandate, in  particular on the implementation of the Agreement, any violations and their  investigation by UNOMIG, as well as other relevant developments;
(i)To maintain close contacts with both parties to the conflict and to  cooperate with the CIS peace-keeping force and, by its presence in the area, to  contribute to conditions conducive to the safe and orderly return of refugees  and displaced persons;
7. Notes the Secretary- General’s intention to write to the Chairman of  the Council of Heads of State of the CIS on the respective roles and  responsibilities of UNOMIG and the CIS peace-keeping force and requests the  Secretary-General to establish an appropriate arrangement to that effect, and  requests the commanders of UNOMIG and the CIS peace-keeping force to conclude  and implement the appropriate arrangements on the ground described in the  Secretary-General’s report of 12 July 1994 (S/1994/818) for coordination and  cooperation between UNOMIG and the CIS peace-keeping force in the implementation  of their respective tasks;
8. Calls upon the parties to the conflict to extend full support,  necessary protection and freedom of movement to UNOMIG in the performance of its  mandate both within the zone of operations of the CIS peace-keeping force and in  other relevant parts of the territory of the Republic of Georgia for it to  fulfil its mandate, and requests that a status of mission agreement with the  Government of the Republic of Georgia and necessary arrangements with the Abkhaz  authorities be concluded without delay;
9. Reaffirms its support for the return of all refugees and displaced  persons to their homes in secure conditions, in accordance with international  law and as set out in the Quadripartite Agreement, calls upon the parties to  honour the commitments they have already made in this regard and to accelerate  the process as far as possible, and requests UNHCR to give its full assistance  to the implementation of the Quadripartite Agreement on the return of refugees  and displaced persons;
10. Requests the Secretary-General to establish a voluntary fund for  contributions 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, which will in particular  facilitate the implementation of UNOMIG’s mandate, and encourages Member States  to contribute thereto;
11. Decides on this basis to extend the mandate of UNOMIG to  13 January 1995;
12. Requests also the Secretary- General to report within three months of  the adoption of this resolution on the situation in Abkhazia, Republic of  Georgia, and on the implementation of all aspects of the above-mentioned agreements;
13. Decides to remain actively seized of the matter.
(www.un.org/docs)


UNOMIG Mandate, adopted by the Security council Resolution 937, 21 July 1994
The mandate of an expanded UNOMIG, based upon the recommendations in the Security Genaral’s report, shall be as follows:
(a) To monitor and verify the implementation by the parties of the Agreement on a Case-fire and Separation of Forces signed in Moscow on 14 May 1994;
(b) To observe the operation of the CIS peace-keeping force within the framework of the implementation of the Agreement;
(c) To verify, through observation and patrolling, that troops of the parties do not remain in or re-enter the security zone and that heave military equipment does not remain or is not reintroduced in the security zone or the restricted weapons zone;
(d) To monitor the storage areas for heavy military equipment withdrawn from the security zone and the restricted weapons zone in cooperation with CIS peace-keeping force as appropriate;
(e) To monitor the withdrawal of troops of the republic of Georgia from the Kodori valley to place beyond the boundaries of Abkhazia, Republic of Georgia;
(f) To patrol regularly the Kodory valley;
(g) To investigate, at the request of either party or the CIS pece-keeping force or on its own initiative, reported or alleged violation of the Agreement and to attempt to resolve or contribute to the resolution of such incidents;
(h) To report regularly to Secretary-General within its mandate, in particular on the implementation of the Agreement, any violations and their investigation by UNOMIG, as well as other relevant developments;
(i) To maintain close contacts with both parties to the conflict and to cooperate with the CIS peace-keeping force and, by its presence in the area, to contribute to conditions conducive to the safe and orderly return of refugees and displaced persons.
(www.un.org/docs)


AGREEMENT  on Friendship and Cooperation Between the Republic of Abkhazia and the Republic of Tatarstan
The Republic of Tatarstan and the Republic of Abkhazia, hereinafter referred as “Contracting Parties”,
Respecting the state sovereignty of both republics, based on the commonality of goals and tasks on strengthening their statehood,
Striving for the further development and strengthening of the cooperation in the political, social, environmental, cultural and other fields…
Respecting priorities of fundamental human rights and freedoms, expressing the readiness to contribute to the settlement of pressing economic and social issues,
Decided to conclude this Agreement on friendship and cooperation and
agreed upon the following:
Article 1
Contracting Parties shall develop their relations based on the principles of equality, non-interference in internal affairs, mutual respect and cooperation.
Contracting parties shall extend the exchange of experience on democratic developments in the states and economic issues respecting the diversity of forms, as well as national features and specific conditions of each of the republic;
Article 3
Contracting parties shall refrain themselves from the acts that run counter to the political, economic, environmental or other interests.
(…)
Article 5
Contracting parties shall cooperate in the field of state building…
Article 9
Contracting Parties consider necessary to establish plenipotentiary missions in the cities of Kazan and Sukhum of the Republic of Tatarstan and the Republic of Abkhazia accordingly.
(…)
Article 10
This Agreement shall come into force as soon as it is signed.
This agreement is concluded for five years term…
(…)
This Agreement is concluded in two copies, each in Tatar, Abkhaz and Russian languages…
For the Republic of Abkhazia the Chairman of the Parliament V. G. Ardzinba
For the Republic of Tatarstan President M. Sh. Shaymiev
17 August 1994
(Archive of the Office of the Special Representative of the UN Secretary-General in Georgia)


AGREEMENT  on Friendship and Cooperation Between the Republic of Abkhazia and the
Republic of Bashkortostan
The Republic of Bashkortostan and the Republic of Abkhazia, hereinafter referred as “Contracting Parties”,
Based on the commonality of goals and tasks on strengthening their statehood,
Striving for the further development and strengthening of the cooperation in the political, social, environmental, cultural and other fields…
Expressing the readiness to contribute to the settlement of pressing economic and social issues,
Decided to conclude this Agreement on friendship and cooperation and
agreed upon the following:
Article 1
Contracting Parties, recognizing the sovereignty of the Republic of Abkhazia and the Republic of Bashkortostan, shall develop their relations based on the principles of equality, non-interference in internal affairs, mutual respect and cooperation.
(…)
Article 2
Contracting parties shall refrain themselves from the acts that run counter to the political, economic, environmental or other interests.
(…)
Article 3
Contracting parties shall develop and promote trade, economic and scientific cooperation coordinating the economic activities in order to settle more effective forms and directions of bilateral cooperation.
Contracting parties shall consider the possibility to establish the most favorable conditions for each other through mutual commodity circulation in compliance with the legislation of the Republic of Bashkortostan and the Republic of Abkhazia.
Article 5
Contracting parties shall cooperate in the field of state building…
Article 7
The sides shall attach the necessary effort for strengthening of peace on their territories.
Article 9
Contracting Parties consider necessary to establish representation offices in the cities of Ufa and Sukhum of the Republic of Tatarstan and the Republic of Abkhazia accordingly.
(…)
The Procedures of the exchange of representatives and their status shall be regulated by the Agreement between the Sides
Article 10
This Agreement is concluded for five years term…
Article 11
This Agreement is signed in the city of Ufa on 18 August 1994 in two copies..
For the Republic of Abkhazia the Chairman of the Parliament V. G. Ardzinba
For the Republic of Bashkortostan President M. Rakhimov
18 August 1994
(Newspaper “Abkhazia”, # 2, 17 August 1994)


DECISION  OF THE COUNCIL OF THE CIS HEADS OF STATES on usage of Collective Forces to maintain peace in the conflict zone of Georgian-Abkhaz conflict
The heads of states of the CIS,
Expressing a deep concern about the aggravation of situation in the conflict zone of Georgian-Abkhaz conflict,
Taking into account Appeal of the President of the Russian Federation and the Chairman of the parliament-Head of State of Georgia to the Secretary General of the UN Organization of 3 February 1994,
Expressing its adherence to the territorial integrity of the Republic of Georgia, comprehensive and peaceful settlement of the conflict in Abkhazia securing the interests of multi-national population of Abkhazia and its statehood,
Striving for further development of cooperation with the UNO and the CSCE in peace activities aimed at regulating the Georgian-Abkhaz conflict,
Considering the Appeal of the Abkhaz side of 15 May 1994 and  Georgian side of 16 May of 1994 on immediate deployment of collective peacekeeping forces in the conflict zone and in accordance of the Agreement on cease-fire and separation of forces signed by Georgian an Abkhaz sides on 14 May 1994…
decided:
1. To deploy in Georgian-Abkhaz conflict zone the Collective Force composed of military contingents of interested states - members of the CIS of 2-3 thousand of people, as well as military observers in order to maintain the peace …  Russian military contingent, already deployed to the conflict zone shall be used as the basis for collective force for maintaining the peace.  The plan of operations on deployment of the collective force shall be approved by the conflicting sides in compliance with the Agreement on cease-fire and separation of forces of 14 May 1994.
2. To set up Interim Unified Command composed of representatives of states sending their contingents to the Collective Force in the conflict zone.
The representative form Russian Contingent shall be appointed as the Commander of collective peacekeeping force.
3. The Collective Forces shall be dislocated within the boundaries determined in the Agreement on cease-fire and separation of forces of 14 May 1994.
4. The procedures of cooperation of Collective Force with the military forces of Georgia and military formations of Abkhazia shall be decided upon provisions of the Agreement on the Groups of Military Observers and the Collective Force issued by the CIS of 20 march 1992 and if necessary, by certain agreement concluded between the Interim Unified Command and the Sides.
5. Within the term of effect of this Decision, the Collective Force shall carry out the following tasks:
a) to ensure the protection of cease-fire regime, establish peace and prevent from resumption of military operations in the conflict zone through separation of military formations of the conflicting sides;
b) to establish the necessary conditions for security and return of displaced persons to their places of residence, as well as observance of other provisions set up in the Quadripartite Agreement on Voluntary Return of Refugees and Displaced persons of 4 April 1994, including the operation of Quadripartite Commission established pursuant to the Agreement mentioned above;
c) to monitor the agreement reached between the sides, in particular, provisions of the Memorandum of Understanding of 1 December 1993, Communiquй on the Second Round of Talks of 13 January 1994 on measures for a political settlement of the Georgian-Abkhaz conflict of 4 April 1994, and other possible agreement the sides may reach in due course of the comprehensive political settlement of the confict;
d) to facilitate restoration of regions damaged in time of conflict, including the humanitarian aid, mine clearing and renovation of the principal systems of public life;
e) to ensure the protection of international norms of humanitarian and human rights;
f) to establish close cooperation with the staff of the UN MIssion to Georgia and other officials of the UNO in the region.
7. This decision comes into effect the day it is signed.
Done in one original copy in russian language...
Signed by the heads of States of the CIS
22 August 1994
(Collection of Documents Relating to the Issue of Conflict Settlement in Abkhazia, Georgia adopted in 1992-1999, Author G. Uridia, Tbilisi, 1999, p. 40-42/in Russian)


STATEMENT  on Voluntary Return of Refugees - Internally Displaced Persons
1. During the Geneva meeting that took place 31 August -1 September, the Georgian and Abkhaz sides discussed issues of voluntary return of refugees-internally displaced persons and the work of Quadripartite Commission.
2. The sides recalled their declaration of 4 April 1994, in which they had agreed that implementation of quadripartite agreement would start after deployment of peace keeping forces and noted that such a deployment was carried out through the deployment of peace-keeping forces of the Commonwealth of Independent States (CIS).
3. The Parties also expressed their points of view toward the agreement on cease-fire regime and separation of forces, signed on 14 May 1994, by virtue of which, in particular, it was agreed upon that the Troops of the Republic of Georgia would be withdrawn to the places of their permanent deployment beyond the territory of Abkhazia and that all voluntary military formations, composed of non-residents of Abkhazia, would be disbanded and withdrawn from the territory of Abkhazia.
4. Both Parties, confirming their commitments to these provisions of the Agreement and further agree that they shall participate in the next meeting of the Quadripartite Commission to be held in Sochi on 6 September 1994 and shall continue to do their utmost to prepare, as soon as possible, all the necessary documents for return of refugees and internally displaced persons and thereby to lay foundation to their actual return in the immediate future.
5. The Parties conceded, that as a part of the process of repatriation, the returnees shall be informed by the UNHCR that the Abkhaz side shall demand from them to observe the laws of Abkhazia that do not run counter to provisions of the Quadripartite Agreement, and internationally recognized human rights, fundamental freedoms and human dignity.
6. The Parties noted the readiness of the UNHCR to render assistance to those people who have returned spontaneously and those who have returned in an organized manner as soon as the processes of organized return starts.
7. In addition to the aforementioned, the Parties agreed to set up a working group that shall deal with the issues of search for bodies of the perished and their re-burial.
On behalf of Georgian Side A. Kavsadze
On behalf of Abkhazian Side S. Jinjolia
In the presence of:
From the Russian Federation G. Fedosov
From the UN E. Brunner
From CSCE G. Baldocci
From UNHCR J. Horekens
2 September 1994
(Newspaper “Svobodnaia Gruzia”, # 142, 7 September 1994)


DECREE on restoration of certain original names of residential settlements of the Republic of Abkhazia, ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA
on the basis of proposals of the state commission on regulating the names of residential settlements of Abkhazia and proceeding from desire of population, as well as for the sake of restoration of historical justice, the Supreme Council of the Republic of Abkhazia Decrees:
To rename the following residential settlements in Gali District:
Bulishkhinji (Achagvara village)    as Apskhapdzykh
Ganakhleba            as Gagida
Repo-Etseri            as Riap
Kolonia                as Achandara
Sabchota Chai            as Atoura
To confirm transcription of the following changes:
City of Gali        - Gal
village Agvavera    - Aguauara
Akvareikva        - Akuareikua
Achigvara        - Achguara
Gudava            - Gudaa
Akvaga            - Akuaga
Bargebi            - Bargiap
Gumurishi        - Gumrish
Lekumkhara        - Alakumkhara
Lkumi            - Uakum
Tsarche            - Tsarcha
Chkhortoli        - Chkhuartal
Shashikvara        - Shchashikuara
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
City of Sukhum, 9 September 1994
(Collection of the Legislative Acts of the Republic of Abkhazia. 3. Isuue, Sukhum, 1995, p. 73/inRussian)


STATEMENT OF THE PARLIAMENT OF GEORGIA
To His Excellency, the President of the Russian Federation Mr Boris Yeltsin
To the participants of Sochi meeting of the Quadripartite Commission of Georgian-Abkhaz Conflict Regulation
To His Excellency, Head of OSCE Mission to Georgia Mr Hans-Jorgen Eiff
To His Excellency, Plenipotentiary and Extraordinary Ambassador of the Russian Federation to Georgia Mr Vladimir Zemskiy
To His Excellency, Head of the UN Mission in Georgia me Theodor Starcevic
To His Excellency, Commander of the Peace-Keeping Forces of the Russian Federation in conflict zone General-Major Vasil Iakushev
The situation has been acerbated again in the Georgina-Abkhaz conflict zone that is a consequence of policy carried out by the Abkhaz side aimed at protracting the negotiations and putting the bar  to the return of thousands of refugees to their own dwellings.
The Abkhaz side linked the return of refugees to the withdrawal of Georgian military formations from Kodori Gorge.  Though these two issues, according to the signed agreement, have no links with each other, the Georgian side made a compromise and carried out inspection in Kodori Gorge thereby confirming that the Georgian side was observing the commitments pledged in the course of bilateral negotiations.
Despite the widely applied International practice, the representatives of Abkhaz separatists have accepted as few applications from refugees that practically it was demonstration of frustrating the process of peaceful return of refugees.
In addition, the separatists resort to provocations to impede the peaceful settlement of the conflict.  On September 17 of the current year the Abkhaz pirates kidnapped fishing boat and a barge of Poti.  The people who were on the board are released, including two servicemen of Russian Army, but the fate of 9 Georgian members of a crew is still unknown.
Despite the obligations on security guarantees, the Abkhaz side constantly breeds the atmosphere of threat and terror aimed at disrupting the process of return of refugees, especially through punitive expeditions in Gali district.  Assassinations, raping and robbing are often applied there.  Georgian population is persecuted and mining of country-roads is still in practice.  Under the pretext of anti-crime activity, on behalf of so called ‘Abkhaz Police’ the Abkhaz boeviks burnt down more than 100 houses and unlawfully arrested innocent citizens in the villages of Nabakevi and Otobaia.  These operations were led by the minister of Interior of the separatist power.  It should be mentioned that all of the aforementioned facts have been reported in the ‘security zone’, which is under the control of the peacekeepers of the Russian Federation.
The Parliament of Georgia will never reconcile with separation of Abkhazia from the state of Georgia and continue protecting the rights of the population of Abkhazia.  The Parliament of Georgia calls the International organizations involved in the peace process and the government of the Russian Federation for unconditional release of the kidnapped people and property and for firm resistance against attempt of Abkhaz side to collapse the peace process.
12 October 1994, Tbilisi
(Bulletin of the Parliament of Georgia, 1994,  # # 21-22, p. 353-354/in Georgia)


DECISION OF THE COUNCIL OF THE CIS HEADS OF STATES on approval of the Mandate on Peace-keeping Operation in the Georgian-Abkhaz Conflict Zone
The Council of the CIS Heads of States,
Taking into account the request of the Republic of Georgia,
Based on the Decision on using of the Collective forces for maintaining the peace in the Georgian-Abkhaz conflict zone and stressing on the task aimed at establishing of conditions to the secure return of refugees and resolution of the problem regarding the status of Abkhazia with the condition of retaining the territorial integrity of the Republic of Georgia,
decided:
1. To approve the Mandate on peace-keeping operations in the Georgian-Abkhaz conflict zone (attached), proceeding from the statement that each republic will independently decide the form and scope of participation in the peace-keeping operations in compliance with national legislation.
2. To entrust the Council of the CIS Heads of States with the task of determining the procedures of material-technical and financial ground of the peace-keeping operation in the Georgian-Abkhaz conflict zone.
3. This Decisions comes into force from the day it is signed.
Done at Moscow on 21 December 1994 in one original copy in Russian…
The Decisions is signed by the Heads of States.
The Republic of Moldova, Turkmenistan, Uzbekistan and Ukraine haven’t signed the decision.
21 October 1994
(Collection of Documents Relating to the Issue of Conflict Settlement in Abkhazia, Georgia adopted in 1992 -1999, p. 43-44)


Annex to the Decision  OF THE COUNCIL OF THE CIS HEADS OF STATES on approval of
the Mandate on Peace-keeping Operation in the Georgian-Abkhaz Conflict Zone of 21 0ctober 1994
MANDATE On peacekeeping operation in the Georgian-Abkhaz Conflict Zone
In compliance with the Decision taken by the Council of the heads of States of the CIS on use of collective forces for peacekeeping operation in the Georgian-Abkhaz Conflict Zone signed in June-August 1994, and the Decision taken by the Heads of States of the CIS on approval of the Mandate on peacekeeping operation in the Georgian-Abkhaz conflict zone of 21 October 1994
(…)
6. The Commander of the Collective peacekeeping forces in the Georgina-Abkhaz conflict zone (hereinafter the Commander) is subordinate to the Council of the heads of States of the CIS on the issues that need operative decision;  he has the consultations with the Chairman of the Council of Ministers of Foreign Affairs and the Chairman of the Council of Ministers of Defence of the CIS participating states; personally leads the peacekeeping operations and acts in a capacity of direct commander for all staff of the Collective Peacekeeping Forces.
9. The function of the Commander of the Collective peacekeeping forces consists as follows:
to secure the realization of decisions taken by the Council of the heads of States of the CIS on peacekeeping operations in the conflict zone;
to report the Heads of States and the Ministers of Defence on implementation of agreements on cease-fire and separation of forces by the conflicting Sides;
to manage the Collective peacekeeping forces in preparation for and realization of peacekeeping operations in the conflict zone;
to organize and maintain interaction with the leadership of hosting country, conflicting sides, Ministries of Defence of the member-states set out in the Mandate, the headquarter on coordination of military cooperation of the CIS member-states, representatives of the UN, OSCE and other international organizations in the conflict zone;
to hold the negotiations with the conflicting sides;
to assure the protection of communication means and official meetings between the conflicting sides;
to manage appropriation of financial and material-technical means assigned for securing the operation of the PKF of the CIS.
21 October.1994
(Collection of Documents Relating to the Issue of Conflict Settlement in Abkhazia, Georgia adopted 1992-1999, p. 44-46)


AGREEMENT on Further Development of the Process of Peaceful Settlement of the Georgian-Ossetian Conflict and the Joint Controlling Commission
Referring to the Agreement on Principles of Settlement of Georgian-Ossetian Conflict,
Working for comprehensive settlement of relationships between the Parties to the conflict,
Confirming commitment to the principles of International Law,
Acting in the spirit of respect for human rights and fundamental freedoms, as well as rights of ethnic minorities,
Stating that in the course of two years after the conclusion of the Sochi Agreement, no substantial achievements in terms of promotion of political dialogues have been achieved,
Taking into account the sheer necessity of comprehensive settlement of the Georgia-Ossetian conflict,
The Parties took a decision to further develop the process of peaceful settlement of the Georgian-Ossetian conflict.
1. In this regard, the Parties note that:
 a) The Mixed Control Commission (MCC), created with a view of implementation of the Agreement of 24 June 1992, has largely carried out its functions of monitoring the regime of cease fire, withdrawal of armed formations and maintenance of the security regime, thereby having initiated the process of political settlement of the conflict;
b) Maintenance of peace is secured by the mixed peace keeping forces, created under the jurisdiction of MCC in accordance with the agreement signed on 24 June 1992;
c) The MCC must be transformed into a permanent mechanism, called upon to participated in a planned and coordinated manner in the process of solution of different aspects of the conflict settlement: political, military (peace-keeping), economic, humanitarian and others.
2. In order to promote the process of comprehensive, political settlement of the conflict and seeking improvement of coordination of actions between the mixed peace keeping forces and CSCE and other international organizations, to speed up the process of practical solution of problems related to economic recovery of the suffered regions, as well as to promote the process of return of refugees, the Parties agreed to clarify the fun­­ctions of MCC, to renew and expand its personnel.
3. The Parties adopted the Rules of Procedure of the Mixed Control Commission on Settlement of the Georgian-Ossetian Conflict (find attachment).
4. The Commission is a permanent organ composed of four sides, participating in the process of settlement of the conflict and liquidation of its consequences.
The CSCE mission to Georgia participates in the work of CMM. This Commission cooperates in a very close manner and coordinates its activities with the organs of local authorities.
5. The Parties to the conflict reiterate pledged commitments to settle all the disputable issues exclusively by peaceful means, without resort to force or threat of resorting to force.
On behalf of the Georgian Side I. Menagarishvili, V. Khachapuridze
On behalf of the South Ossetian Side V. Gabaraev
On behalf of the North Ossetian Side S. Khetagurov
On behalf of the Russian Side N. Medvedev, Pastukhov
In the presence of Representative of CSCE H. Eiff
31 October 1994
(Archive of the Ministry of Foreign Affairs of Georgia)


REGULATION On the Joint Control Commission for the Settlement of the Georgian-Ossetian Conflict
The Joint Control Commission (JCC) was formed and will act in accordance with the Agreement of 24 June 1992 on the principles for settling the Georgian-Ossetian conflict, and with the minutes of JCC meetings, with the aim of ensuring the monitoring of the ceasefire through the withdrawal of armed formations, the dissolution of self-defense forces, and the assurance of a security regime in the zone of conflict, as well as through the maintenance of peace, the prevention of a renewal of military actions, and the carrying out of coordination of the joint activities of the parties for the stabilization of the situation, for the political settlement of the conflict, for economic restoration of the afflicted zones, and for the return and reestablishment of refugees and forced resettlers.
1. The  Joint  Control  Commission  is  the  permanently operational organ of the four sides which are  taking part in the settlement  of   the  conflict   and  the   liquidation of   its consequences.  The  highest organizational instance of  the Joint Control  Commission will be  the sessions of  the plenipotentiary representatives of the  sides in the person of the  chiefs of the representation offices of the parties and of other members of the JCC.
2. On the staff of the Joint Control Commission, there will be special  representatives (at  the discretion  of the  parties) named by the state organs  of the parties, empowered to implement coordinated  decisions  on  all  questions  about the  full-scale settlement of the Georgian-Ossetian conflict.
3. The CSCE Mission in Georgia will  take part in the work of the JCC.
4. Various  international  organizations  can  assist  the activity of the JCC.
5. The following functions  and tasks are assigned  to the Joint Control Commission:
a) monitoring of  the implementation of  the agreement and understanding of the sides on the settlement of the Georgian-Ossetian conflict, the drafting of proposals, and the adoption of purposeful measures for carrying them through;
b)  working  out and  implementation  of  measures for
creating conditions for the resolution of political, military (peacekeeping), law enforcement, economic, humanitarian, informational, and other problems;
c)  help  in the further development of  dialogue and in promotion of a political settlement of the conflict;
d)  participation in  elaborating and realizing  complex measures, affirmed by the parties, for the return, reception, and reestablishment of refugees (forcibly resettled persons) with the collaboration  of  the Office  of  the UN  High  Commissioner for Refugees.
e)     examination  and  assistance   for. the  practical realization  of economic rehabilitation  in the districts  in the zone of the Georgian-Ossetian conflict;
f) organization   of   supervision  concerning   the observation of human  rights and national minorities  in the zone of conflict.
6.The JCC will create the necessary working groups for the implementation  of the above-noted functions and for the solution of tasks on the basic directions of work from among the number of corresponding specialist-representatives of the parties.
7. The  working  groups  will perform  their  work by  the preparation   of  analytical  materials  and  of  drafts  of  JCC decisions,  and by the conduct  of  talks  concerning questions related to  their competency.   In case  of necessity,  they will have the  right to summon  experts to work on  specific questions and   to   demand   and   receive  essential   information  from corresponding state departments and institutions.
8. The conclusions and proposals of the working groups will be examined at JCC sessions for the adoption of final decisions.
9. The coordination  of the activities of  the peacekeeping forces  and of  the  observers designated  by  the parties  falls within the competence  of the Joint Control Commission.   The JCC will  maintain  a  permanent link  with  the  peacekeeping forces present  in  the  zone  of   conflict  and will  take  decisions concerning their future use.
10. On the basis of the mandate in the Agreement on the principles for the settlement of the Georgian-Ossetian conflict and of the minutes of its meetings, the command of the peacekeeping forces will work out and implement necessary measures for the maintenance of peace and law enforcement, for preventing the renewal of combat actions, and for the disarming of illegal militarized formations; and will introduce through an established procedure proposals relating to the operational use and improvement of the organization of the peacekeeping forces in the zone of conflict.
11. The  Joint Control Commission will  examine and evaluate the situation evolving in  the zone of conflict  on the basis  of data which,  at its request,  will be furnished by  the competent organs of the parties.
12. With the aim of objectively informing the  public, the JCC will  present  materials to  the mass media concerning  the course оf the settlement process.
13. The  members of the Joint Control  Commission will enjoy diplomatic immunities and privileges in accordance with the norms of international law.
14.   The members  of the Joint  Control Commission have the right of free movement on the territory of  the zone of conflict. The representatives of the parties  on the spot will  assist the members of the JCC and assure their safety.
15. The  sites for conducting plenary sessions  of the Joint Control Commission will be determined by agreement of the sides.
16. The  sessions of the Joint Control  Commission will take place on the basis of need, but not less than once per quarter. By mutual agreement, one of the leaders of the representations of the parties in the JCC will act as chairman of the session. Decisions of the JCC will be taken on the basis of a consensus of the parties.
17. A secretariat will  be  created to carry out  current organizational work and the maintenance of operational  links among the parties.
18. The financing of  the Joint Control Commission will be carried out by the parties on the basis of equal shares.
19. The working language of the Joint Control Commission and the language of its documents will be Russian.
20. The Joint Control Commission will terminate its activity after the achievement of a full-scale settlement of the Georgian-Ossetian conflict.
Adopted in accordance with the Agreement on the Further Development of the Process for the Peaceful Settlement of the Georgian-Ossetian Conflict and on the Joint Control Commission of 31 October 1994. Moscow
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues)


FROM THE CONSTITUTION OF THE REPUBLIC OF NORTH OSSETIA (adopted on 12 November 1994)
Article 16.  
The Republic of North Ossetia establishes its relations with the Republic of South Ossetia on the basis of ethnic, national and historic-territorial unity, social-economic and cultural integration.
(…)
12 November 1994
(Constitution of the Republic of North Ossetia, Vladikavkaz, 1994, p. 6)


STATEMENT on the issue of refugees and displaced persons
1. Having discussed the implementation of the Quadripartite Agreement on Voluntary Return of Refugees and Displaced Persons of 4 April 1994, the representatives of the UNO, Russian Federation and the CSCE state that as a result of the intensive work of the UNOMIG, Quadripartite Commission and the effort of the PKF of the CIS in October of this year the organized return of refugees and displaced persons
to Gali District of Abkhazia has started.
2. At the same time the slow pace of repatriation and artificial impediments to the return of refugees and displaced persons is the subject of deep concert.  Even the small quotas of return are not regularly used due to the lack of relevant organizational and preparatory work among refugees and displaced persons.
3. We firmly condemn inadmissible procrastination of the return of refugees and displaced persons, terrorist acts and armed provocations in the security zone of the conflict.
4.  We consider necessary:
- to speed up the discussion of the applications of refugees and displaced persons; to assure the return of not less than 3,000 people before 1 January 1995;
- to work on registration of spontaneous returnees (according to the estimation about 20000 people); to provide them economic, medical and other humanitarian assistance;
- to learn the possibility of additional measures aimed at securing the protection of returnees and strengthening of public order;
- to call upon the sides to prevent penetration of any armed groups and formations to the security zone that terrorizes the population and commit attacks to the peace keeping forces;
- to foster information campaign among refugees and displaced persons aimed at encouraging voluntary return in compliance with the Quadripartite Agreement signed on 4 April 1994;
- to endorse time-table of return of refugees and displaced persons in Gali district for 1995 at the next meeting of the Quadripartite Commission;
- to secure continuity of activities of the local Quadripartite Committees and creation the Groups for Security and Development in the Gali District.
5. We appeal to the UNOMIG to enlarge the number of its personnel in the conflict zone, extend the scope of material aid to the refugees.
6. We call upon the World Community to increase its contribution to the humanitarian assistance to the population and the regions affected in time of war.
7. We anticipate that the conflicting sides will do everything in their power for early and mass return of refugees and displaced persons on the basis of previous agreements.
Special Representative of the UN Secretary - General E. Brunner
Personal Representative of the President of Russian Federation B. Pastukhov
From the CSCE R. Toskano
Geneva, 18 November 1994
(Personal Archive of the Author)


CONSTITUTION OF THE REPUBLIC OF ABKHAZIA
(...)
Article 1
The Republic of Abkhazia (Apsny) shall be a sovereign democratic state based on law, which has histori
Article 10
          The Republic of Abkhazia shall have its own symbols: a national flag, a National Emblem, and a national anthem…
(…)
Article 37
The Parliament of the Republic of Abkhazia shall consist of 35 members... The Parliament’s termof office shall be five years.
(…)
Article 47
The Parliament of the Republic of Abkhazia shall:
1. Pass the Constitution and the laws of the Republic of Abkhazia.
3. Hear the Presidential messages on the situation in the country, the principle aspects of domestic and foreign policy of the state and methods of their implementation;
7. Establish state awards, honorary titles and military ranks of the Republic of Abkhazia.
8. Ratify and denounce the inter-state treaties of the Republic of Abkhazia;
13. Grant amnesties;
14. Decide upon the declaration of war and the conclusion of peace.
Article 48
The Eecutive Power in the Republic of Abkhazia shall be granted to the President of the Republic of Abkhazia.
The President of the Republic of Abkhazia shall be the head of the State.
Article 49
The elections of the President of the Republic of Abkhazia shall be based on the universal, equal and direct suffrage. The President shall be elected by secret vote for five years.
Any person of Abkhaz nationality who is citizen of the Republic of Abkhazia and who is not younger than 35 years and not older than 65 years, having the right to vote, is eligible to be elected President of the Republic of Abkhazia.
(…)
Article 53
The President of the Republic of Abkhazia shall:
1. Ensure the observance of human rights and freedoms, the Constitution and the laws of the Republic of Abkhazia, as well as its international obligations;
2. Define basic directions of the internal and foreign policy;
3. Officially represent the State in international affairs;
4. Sign inter-state treaties;
5 Take measures to ensure the security and territorial integrity of the Republic of Abkhazia, form and head the Security Council, the status of which shall be defined by law;
6. Approve the military doctrine of the Republic of Abkhazia;
7. Be Commander-in-Chief of the Military Force of the Republic of Abkhazia.;
8. Appoint and recall diplomatic representatives of the Republic of Abkhazia in foreign countries and international organizations.
Article 74
The courts of the Republic of Abkhazia make the judgement on behalf of the Republic of Abkhazia
Article 76
The Attorney General of the Republic of Abkhazia shall be appointed or removed from the office by the Parliament of the Republic of Abkhazia on a representation by the President of the Republic of Abkhazia.
(…)
26 November 1994
(www.apsny.org)


FROM THE RESOLUTION OF THE CSCE BUDAPEST SUMMIT
Georgia
1. Faced with the alarming situation in the Republic of Georgia, which has been even further aggravated by the recent events in Abkhazia, the participating States reiterated their strong support for the sovereignty and territorial integrity of Georgia within its internationally recognized borders. On the basis of these principles, a settlement of the conflicts in Georgia must be reached. The interests of the multi-ethnic population in the areas of conflicts must also be taken into account.
2. The participating States expressed their concern about the unilateral acts of 26 November 1994 by the authorities of Abkhazia, Republic of Georgia. This undermines both United Nations and CSCE efforts to promote a peaceful political settlement through negotiations between the conflicting parties in Georgia.
They expressed their deep concern over “ethnic cleansing”, the massive expulsion of people, predominantly Georgian, from their living areas and the deaths of large numbers of innocent civilians.
They expressed their hope that the efforts conducted under the auspices of the United Nations and with the assistance of the Russian Federation as facilitator and with the participation of representatives of the CSCE will improve the situation in Abkhazia and thus permit the early return of refugees and displaced persons to their homes in safety and with dignity. In this context, they called on the parties to the conflict to adhere strictly to the principles and recommendations set forth in the relevant United Nations Security Council resolutions as well as in agreements reached in the course of the negotiating process.
3. The participating States noted with satisfaction that certain positive steps have been taken towards a peaceful resolution of the Georgian-Ossetian conflict, building upon the work accomplished by the joint peacekeeping forces (established under the Sochi Agreement as Joint Peacekeeping and Law Enforcement Forces, JPLEF) in maintaining the cease-fire in the conflict area.
The activities of the CSCE Mission to Georgia and the efforts of the Russian Federation facilitated these encouraging developments. The participating States encourage the Mission to persevere in its efforts to promote political dialogue between all parties to the conflict, thus contributing to reconciliation and the preparation of a broader political framework in which a lasting settlement of the Georgian-Ossetian conflict can be achieved on the basis of CSCE principles and commitments.
They take note of the activities of the joint peacekeeping forces, established under the Sochi Agreement of 24 June 1992, and welcome the present negotiations to achieve further progress toward a political solution, with the participation of the CSCE Mission. They call upon the CSCE Mission to continue to fulfil its mandate with respect to monitoring the activities of the joint peacekeeping forces.
The participating States welcomed the agreement of all the parties reached on 31 October 1994 to reconvene the Joint Control Commission (JCC) in which the Mission will actively participate.
4. The participating States expressed their appreciation for the efforts undertaken by the Government of Georgia to promote respect for human rights and fundamental freedoms, to build legal and democratic institutions and to assure full transition to a market economy. The Mission will remain actively engaged in assisting the Georgian authorities in these efforts. They urge appropriate governments and international organizations to provide political support and humanitarian and technical assistance to the Republic of Georgia.
5. The participating States consider that it may be desirable to convene at the appropriate time international conferences under the auspices of the CSCE and the United Nations, and with the participation of other international organizations and interested States, to review progress towards settling the conflicts and the development of a democratic society in Georgia.
Budapest, 6 December 1994
(www.osce.org)


PROTOCOL 3 OF THE MEETING OF THE JOINT CONTROL COMMISSION FOR THE SETTLEMENT OF THE GEORGIAN-OSSETIAN CONFLICT
6 December 1994, Moscow
Chaired By:
N. P. Medvedev, Russian deputy minister of cooperation,head of the Russian part of the Joint Control Commission
Agenda
I. On the forces for the support of peace in the zone of the Georgian-Ossetian conflict;
Rapporteur Colonel Y.G. Ivanov (Russian Defense Ministry).
II. On the return of refugees from Georgia's internal regions; Rapporteur – T. E. Kusov, chairman of the Committee for National Affairs attached to the government of the Republic of North Ossetia, member of the JCC.
III. On economic rehabilitation in the zone of the Georgian-Ossetian conflict;
Rapporteur – A. A. Babenko, first deputy minister for construction of the Russian Federation, chairman of the RF Commission for the Issues of Economic Rehabilitation of Districts of South Ossetia, member of the JCC.
IV. On the venue, date, and agenda of the next the JCC meeting.
Y. Miscellaneous.
I. On the forces for the support of peace in the zone of the Georgian-Ossetian conflict
(Y. G. Ivanov, I. A. Menagharishvili, V. N. Khubulov, G. S. Kozayev, H. Ayiff, N. P. Medvedev)
Decided:
1. To adopt the following documents elaborated by the working group (annexed):
a) Decision of the JCC "On the Joint Forces for the Support of Peace" (4 pages)
And annexes to it:
- Regulations concerning the basic principles of operation of the military contingents and of the groups of military observers designated for the normalization of the situation in the zone of the Georgian-Ossetian conflict (7 pages) with the annexed document on the rights and obligations of the commander of the Joint Forces (1 page);
- List of the members of the commission for the testing of the personnel (1 page);
- Plan for the organization of service at outposts and checkpoints (1 page);
- The structure of the organization and the staff of the Joint Forces for the Support of Peace (1 page).
b) the JCC decision on financing the Ossetian battalion (1 page).
2. To task the commander of the Joint Forces for the Support of Peace in the zone of the Georgian-Ossetian conflict to submit at the next the JCC meeting proposals regarding:
a) the Georgian side's request to withdraw from the conflict zone and conserve infantry fighting vehicles of both the Ossetian and Georgian battalions;
b) the South Ossetian side's request to establish an additional checkpoint in Leningori.
3. To take into account the CSCE representative's statement that his signature under the aforementioned documents should not be regarded as his assent to the manner of actions of the Joint Forces for the Support of Peace that is beyond the sphere of use of the CSCE peacekeeping principles.
II. On the return of refugees from Georgia's internal regions
(T. E. Kusov, D. Everts, B. Nakhaylov, G. S. Kozayev, I. A. Menagharishvili, G. G. Khugayev, V. M. Kolyuchev, N. P. Medvedev)
Decided:
a) To adopt the decision "On the resolution of the problem of the refugees from Georgia's internal regions who are now residing on territory of the Republic of North Ossetia."  The decision is annexed;
b) To continue the consideration of the issue at the next the JCC meeting.
III. On economic rehabilitation in the zone of the Georgian-Ossetian conflict
(A. A. Babenko, I. A. Menagharishvili, N. P. Medvedev, G. S. Kozayev, O. Kiknadze, B. N. Pastukhov)
Decided:
a) To adopt the decision "On economic rehabilitation in the zone of the Georgian-Ossetian conflict" (decision annexed);
b) To continue the consideration of the issue at the next the JCC meeting.
IV. On the venue, date, and agenda of the next the JCC meeting
(B. N. Pastukhov, G. G. Khugayev, N. R. Malikova, N. P. Medvedev)
Decided:
a) To hold the next the JCC meeting in Moscow in February 1995;
b) To consider the following issues at the next the JCC meeting:
1. The course of the implementation of the JCC decisions on the Joint Forces for the Support of Peace and the financing of the Ossetian battalion;
Rapporteur: Lieutenant General A.G. Gerasimov, member of the JCC
2. The course of building and reconstruction work in the zone of the Georgian-Ossetian conflict;
Rapporteur: A. A. Babenko, member of the JCC
3. The possibilities for the return and provision of living conditions for the refugees from the internal districts of the Republic of Georgia;
Rapporteur: T. E. Kusov, member of the JCC
4. The working group for coordination of the issues linked to rendering humanitarian assistance to South Ossetia;
Rapporteur: N. R. Malikova, member of the JCC
5. Approaches to the political settlement of the Georgian-Ossetian conflict and the creation of a working group for the consideration of the issue of the political and legal status of South Ossetia.
6. The venue, date, and agenda of the next the JCC meeting.
7. Miscellaneous
1. The South Ossetian delegation made a statement concerning the problem of returning to the South Ossetian law enforcement bodies their official property and weapons that the Georgian authorities had taken away in 1991.  The South Ossetian side needs them to ensure the security of the JCC members and representatives of international organizations who regularly visit the conflict zone.
The text of the statement was handed over to Georgian delegation head I.A. Menagharishvili for perusal and essential answer to the South Ossetian side.
2. On the South Ossetian side's request, Georgian delegation head I.A. Menagharishvili reported about the fate of Vichenov, the abducted serviceman of the Ossetian battalion of the Joint Forces.  He said that the hostage was not in the hands of the official authorities and the problem of his release was being studied.
N. Medvedev,
Chairman of the meeting, Head of the Russian part of the JCC
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian/in Russian)


DECISION OF THE JOINT CONTROL COMMISSION FOR THE SETTLEMENT OF THE GEORGIAN-OSSETIAN CONFLICT On the Forces for the Support of Peace
Moscow, 6 December 1994
Having heard at its 22 November 1994 meeting in Vladikavkaz the report of Lieutenant General A.G. Gerasimov, chairman of the JCC working group, on the Joint Forces for the Support of Peace (JFSP) in the zone of the Georgian-Ossetian conflict, the information by Major General N.I. Tatarashvili, first deputy defense minister of the Republic of Georgia, Major General V. S. Konstantinov, chief military commander of the Russian peacekeeping forces, and Colonel G.Y. Jioyev, commander of the North Ossetian peacekeeping forces, after a detailed study of the situation on the spot, and the discussion of the matters on 6 December 1994 in Moscow, the Joint Control Commission concluded that the situation remains complicated in the conflict zone and adjacent districts.
At the same time, the Joint Control Commission stated that the conflict zone has not expanded over the past period and there is a trend of its diminution as a result of the peaceful aspirations of the parties to the conflict.
There are substantial shortcomings in the organizational and personnel structures, equipment, and activities of the Georgian and Ossetian battalions of the peacekeeping forces.  It is necessary to improve their material, technical, and financial conditions.  The sides admit the need for the maintenance of the peacekeeping forces.
The Russian battalion of the peacekeeping forces is the guarantor of relative stability in the conflict zone.
The sides are unanimous in the opinion that, along with the unresolved nature of political issues and the dire economic situation, it is the drastic deterioration of the crime situation and the presence of a big number of unregistered weapons among the population of both parties to the conflict that have a direct destabilizing effect on the situation in the region.
The armored vehicles and heavy weapons that are not meant for a peacekeeping mission but are at the disposal of the Georgian and Ossetian battalions also cause well-grounded concern.
The Joint Control Commission decided:
1. To establish the post of the commander of the Joint Forces for the Support of Peace from the Russian side and to define his status for the purpose of coordinating actions and raising the effectiveness and efficiency of the peacekeeping forces.  The posts of the chief military commanders of the Russian, Georgian, and Ossetian sides shall also be maintained.
The nomination for the commander of the Joint Forces for the Support of Peace in the zone of the Georgian-Ossetian conflict will be submitted by the Defense Ministry of the Russian Federation and appointed by the JCC.  Chief military commanders for the sides shall be appointed on the basis of the decisions made by the leaderships of respective sides.
2. To approve Regulations concerning the basic principles of operation of the military contingents and of the groups of military observers designated for the normalization of the situation in the zone of the Georgian-Ossetian conflict (annexed).
3. To recommend the leadership of the Joint Forces for the Support of Peace to remove, in coordination with the sides, from the Georgian and Ossetian battalions those people who have discredited the dignity of peacekeepers
To approve a commission comprising 12 people (three from each of the sides) for the testing of the personnel of these battalions.  The commission shall be chaired by the commander of the JFSP (the list of members is annexed).
To conserve by 1 February 1995 the infantry fighting vehicles and heavy weapons belonging to the Ossetian battalion, ensuring appropriate protection and monitoring from the Joint Staff.
In the same time frames, the infantry fighting vehicles belonging to the Georgian battalion shall be replaced by light equipment and heavy weapons shall be withdrawn from the subunit.
For the purpose of ensuring vital activity of remote outposts, each side shall be allowed to use in the winter seasons four infantry fighting vehicles with removed arming.  Military observers of the sides shall monitor their use.
4. To approve the submitted scheme for the organization of service at outposts and checkpoints with participation of military observers of the three sides (annexed).
5. To envision the rotation of the personnel in the Ossetian and Georgian battalions in six months time and at outposts -- in one or two months.
6. To recommend to the sides in conflict to establish close coordination and cooperation between respective law enforcement bodies and the Joint Forces for the Support of Peace.
7. To approve from 1 January 1995 a new organizational and personnel structure of the Joint Forces for the Support of Peace in the zone of the Georgian-Ossetian conflict (annexed).
8. To request the government of the Russian Federation to consider without delay issues of material and technical improvement and financing of the Ossetian contingent of the Joint Forces for the Support of Peace at the expense of the Russian side.
On behalf of the Russian side                
On behalf of the Georgian side
On behalf of the North Ossetian side                
On behalf of the South Ossetian side
In the presence of the CSCE Mission
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)


Annex N1 to JCC  Decission of 6-12-1994
REGULATION Concerning the Basic principles of Operation of the Military Contingents and of the Groups of Military Observers Designated for the Normalization of the Situation In the Zone of the Georgian-Ossetian Conflict
Article 1. Military contingents and groups of military observers of the parties taking part in the settlement of the conflict were created in accordance with the Agreement on the Principles for the Settlement of the Georgian-Ossetian conflict, signed in Sochi on 24 July 1992 by the President of the Russian Federation, B. N. Yeltsin, and the Chairman of the Parliament and Head of State of the Republic of Georgia, E. Shevardnadze.
They have been earmarked for the support of peace in the zone of conflict, and for its resolution by peaceful, political means.
They have the responsibility of assuring control of the situation in the zone of conflict and in the localities adjacent to it, which have been determined by agreement of the sides.
Article 2. The military contingents and the military observers are subordinate to the united military command which consists of the representatives of the Russian, Georgian, and Ossetian sides. The united military command is headed by a commander from the Russian side.
A decision on the use of the military contingents and military observers in case the conditions of the ceasefire are violated by one of the sides will be taken by the commander of the JPFK with the aim of restoring peace; and the JCC will be notified.
The groups of military observers created by agreement of the sides, and guided by the common status adopted for them, are subordinated to the united military command.
Article 3. The military contingents and the military observers resolve the following tasks:
- they decisively block the activity and disband any military formations not controlled by the sides, and rapidly settle all types of conflicts among groups, including armed groups;
-  they carry out measures for introducing and supporting a heightened regime of security in the zone of conflict, and, if necessary, also in the localities adjacent to it;
- they maintain control over the fulfillment of the agreement
On the removal of heavy technology and weapons from the zone of conflict;
- They bar entry into the zone of conflict of armed groups and other  uncontrolled  formations  capable  of  destabilizing  the situation by their actions;
-  they do not permit, without appropriate permission, the transit in the zone of conflict and the removal through it (from it) of weapons, armaments, military technology, other military property, as well as explosive and poisonous substances and of other materials which could be used for terrorist and diversionary purposes and also for conducting military activities;
- They carry out the passage of persons, transport, and cargo into the zone of conflict and out of it through established points, and, if needed, the limit the movement of means of transport in the zone and carry out its inspection; and
- They assist law enforcement organs in the establishment of law and order and in the battle with crime in the zone of conflict and in localities adjacent to it.
Article 4. Military contingents and military observers in the zone of conflict have the right
-  to make use of military details (patrols, inspectors, observation posts, control posts, etc.), to stop movement on roads (to set up barriers), and, by decision of the united military command, to move about any sectors of the locality, without causing damage to dwellings, buildings, gardens, crops, roads, and other installations;
- to pursue, detain, and, in case of armed opposition, destroy armed band formations, groups, and persons, who do not carry out and do not submit themselves to the requirements of the regime of the state of emergency in the zone.  The pursuit and conduct of combat operations with criminal elements beyond the borders of the zone of conflict will be carried out with obligatory notification of the local and law enforcement organs.
- To carry out military operations with the means available to motorized firing units in accordance with the orders of the united military command;
-   to  check  citizens'  documents,  certifying  identity, concerning the right of entry, exit, and movement, as well as to carry out the  inspection of persons,  cargos,  and means  of transport;
-  to hold citizens violating the established rules of the regime of the state of emergency with their subsequent transfer to law enforcement organs on the basis of the legislation in effect.
Article 5. The organizational-personnel structure of the military contingents and military observers has been confirmed by the JCC.  Changes in it are permitted only with JCC permission.
The places of deployment of the military contingents and of the groups of military observers will be determined by the JCC, which will proceed from the necessity of assuring the ceasefire regime in the zone of conflict.
Article 6. In their daily activity, the military contingents and the military observers will be guided by the requirements of the present Decision, by the decisions of the JCC, and by the orders and directives of the united military command.
Article 7. In their daily activity, the members of the military contingents and of the military observers are obliged to show maximum attentiveness and correctness in relation to the local population, and to refrain from any actions and statements contradicting their status and mission. They fall under the exclusive jurisdiction of their sides in regard to any violation of law, which might have been committed by them.
Article 8. The military observers will have uniform insignia, and the military contingents will also have their uniform flag and symbols, which will be confirmed by the JCC and remain valid for the whole period in which they carry out the functions envisaged in the present Decision.
The established insignia showing affiliation with the military contingent and with the observers will be drawn on the means of transport, cm control posts, and on other technical items and equipment relating to the given contingents.
Article 9. The Joint Control Commission will assure the manufacture and issuance to every member of the military contingents and military observers of a badge of uniform model with photograph, sequential number, military title, family name, given name, middle name, and the number of the assigned weapon.
Article 10. The JCC working groups, military contingents, and military observers have the right in their discretion to use stationary and mobile radio stations with the aim of assuring effective and reliable communications.
Besides radio communications, they will possess as a priority right the use of telephone, telegraph, radio relay, and other communications to carry out their direct obligations.
Article 11. Billeting for the military contingents and military observers, as well as for JCC working groups who arrive, and arranging for their daily living conditions during their stay and activity will be assured by organs of the local authorities.
Article 12.  The JCC and the united military command will take
All necessary measures to assure order and discipline among the personnel of the military contingents and military observers.
By agreement of the sides participating in the work of the JCC, a joint (united) military procuracy will be created with 2 persons from each side.
Article 13. The military contingents and the groups of military observers are staffed by the sides on a volunteer basis by contract from among persons subject to the draft who have gone through military service and from among those presently serving, who have not been convicted of a crime, who are between 18 and 50 years old, who have done military service, whose health condition is good, and who (if possible) did not take part in armed clashes during the period of the conflict.
Persons expressing a desire to join military contingents will present to a selection commission of their own side the following documents: declaration, passport, military card or identification paper as a serviceman, character recommendation from the place of service, of work, or of the organ of local administration, and the conclusion of a medical commission in the established form.
Military observers will be selected exclusively from among the officers and warrant officers of active and reserve ranks of the sides.
Article 14. The senior military chiefs from each side will be appointed by the appropriate organs for a term of not less than 6 months.
The commander of the joint forces for maintaining peace will be appointed by the JCC on the recommendation of the Ministry of Defense of the Russian Federation. He is the senior military chief of the united military command and will coordinate the activities of the senior military chiefs of the sides.
Article 15. Persons recognized as fit for service in the military contingents and as military observers will conclude a contract with the commander of their side for a term of six months with the right of its subsequent extension on the basis of need. The term of service is counted from the day of enrollment of the serviceman by order of the military unit.
All privileges envisaged by decisions of the corresponding organs of the executive authority of the sides will be preserved for him (put at his disposal).
Article 16.  The validity of the contract will cease
- at the expiration of the contract's term;
-  in connection with a violation of the conditions of the contract;
-  for health reasons;
- for family obligations;
-  for incompatibilities of service;
-  in case of a reduction of personnel; or
-  in connection with conviction for committing a crime.
In case of an early abrogation of the contract at the initiative of the command without a legitimate reason, and also in case of a reduction of personnel or for health reasons, the serviceman will be paid severance pay in the amount determined by legislation (rules of the Ministry of Defense) of the sides. If the contract is annulled ahead of time by the fault of the serviceman without a legitimate reason, then he will be deprived of the severance pay.
Service in the military contingents and groups of military observers will be counted as an uninterrupted period of working service in the ratio of 1 to 3.
Article 17. The personnel of the military contingents and military observers are obliged
- To comply with the requirements of the present Decision and the established procedures in the zone of conflict;
- To uphold peace bravely and skillfully in the zone of conflict; and
- To carry out all commands and orders of the united military command, as well as of immediate commanders and superiors.
Article 19. Oversight of the legality of the activity of the military contingents and military observers will be carried out by organs of the Procuracy of each of the sides.
(NOTE: One article of the draft of this Decision was combined with another in the final document; Article 19 should thus really be numbered "18".)
Annex No. 1
to the Decision Concerning the Basic Principles of Operation of the Military Contingents and of the Military Observers Designated for the Normalization of the Situation in the Zone of the Georgian-Ossetian Conflict
Rights  and  Obligations
of the Commander of the Joint Forces for the Maintenance of Peace in the Zone of the Georgian-Ossetian Conflict
1.   Coordination of the operations of the Joint Forces with the leadership of the sides, and organization of cooperation with local law enforcement organs.
2.   The organization, through the senior military chiefs of the sides, of mutually agreed operations to carry out the tasks placed upon the Joint Forces.
3.   Verification of the execution of the "Decision" by the service personnel of the peacekeeping forces of the sides.
4.  Organization of methodical work with the command staff of the Joint Forces regarding the practical implementation of their functional obligations.
5.   through the senior military chiefs of the sides, the adoption of disciplinary measures to influence the servicemen of the Joint Forces in accordance with the "Decision".
6.  The adoption of decisive measures against the inadmissible taking of hostages by any one of the sides in conflict.
7.  The combined use of the units of the Joint Forces in case of the threat of the outbreak of armed conflict in the zone of responsibility.
8.   Systematic reporting to the JCC about the situation of affairs in the  zone of  the Georgian-Ossetian conflict,  and preparation, together with the senior military chiefs of the aides, of proposals for improving the activity of the Joint Forces.
(Archive of the OSCE Mission to Tbilisi)


Annex № 1 to the decision Concerning the Basic Principles of Operation
of the Military Contingents and of the Military Observers Designated for the
Normalization of the Situation in the Zone of the Georgian-Ossetian Conflict. 6. 12. 1994
Rights and Obligations of the Commander of the Joint Forces for the Maintenance of Peace in the Zone of the Georgian-Ossetian Conflict
1. Coordination of the operations of the Joint Forces with the leadership of the sides, and organization of cooperation with local law enforrcement organs.
2. The organization, through the senior military chiefs of the sides, of mutually agreed operations to carry out the tasks placed upon the Joint Forces.
3. Varification of the execution of the “Decision” by the service personnel of the peacekeeping forces of the sides.
4. Organization of methodical work with the command staff of the Joint Forces regarding the practical imlementation of their functional obligations.
5. Through the senior military chiefs of the sides, the adoption of disciplinary meesures to influence the servicemen of the Joint Forces in accordance with the “Decision”.
6. The adoption of decisive measures against the inadmissible taking of hostages by any one of the sides in conflict.
7. The combined use of the units of the Joint Forces in case of the threat of the outbreak of armed conflict in the zone of responsibility.
8. Systematic reporting to the JCC about the situation of  affairs in the zone of the Georgian-Ossetian conflict, and preparation, together with the senior military chiefs of the sides, of proposals for improving the activity of the Joint Forces.
(Archive of the OSCE Mission in Tbilisi)


DECISION OF THE JOINT CONTROL COMMISSION FOR THE SETTLEMENT OF THE GEORGIAN-OSSETIAN CONFLICT On economic rehabilitation in the zone of the Georgian-Ossetian conflict
Moskow, 6 December 1994
1. Take into account the information provided by Russian Commission Chairman A. A. Babenko on the course of the building and reconstruction works in the zone of the Georgian-Ossetian conflict.
2. Deem it expedient to address the governments and parliaments of the Russian Federation and the Republic of Georgia with the proposal to envision in respective 1995 budgets minimum resources (20 and 30 billion rubles respectively) necessary for the building and reconstruction works in the zone of the Georgian-Ossetian conflict.
3. Recommend to the Joint Administrative Body (A. A. Babenko and O. V. Kiknadze) to organize before the end of this year the redesign and adoption of a coordinated program for the building and reconstruction works in the given region for 1995 and specify the mechanism for its financing and monitoring.
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 CSCE Mission
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)


DECISION OF THE JOINT CONTROL COMMISSION FOR THE SETTLEMENT OF THE GEORGIAN-OSSETIAN CONFLICT On measures for the resolution of the problem of refugees from internal districts of the Republic of Georgia who are now residing on territory of the Republic of North Ossetia
Moskow, 6 December 1994
Some 33.6 thousand refugees from internal districts of the Republic of Georgia, including 5.2 thousand pensioners, invalids and veterans of the Great Patriotic War, 9.2 thousand children of preschool and school age, have been registered on territory of the Republic of North Ossetia.
This category of refugees is special.  These people who took no part in the Georgian-Ossetian conflict and were even not related to the zone where it took place suffered violence or threats of violence and were forced to leave the places of their permanent residence.
Taking into account that the comprehensive resolution of the problem of the people who became refugees as a result of the Georgian-Ossetian conflict largely depends on the political normalization of relations between the Georgian and South Ossetian sides and understanding the need for urgent measures regarding the refugees from internal districts of the Republic of Georgia, and on the basis of the good will of the Georgian side, the Joint Control Commission decided:
1. To propose to the Georgian side to study in a month's time the authenticity of the lists of names of the refugees submitted by the North Ossetian side and to submit specified data before 1 February 1995 to the Migration Service of the Republic of North Ossetia.  The submission of the information shall be formalized by appropriate acts.
2. To create before 15 December 1994 a commission comprising representatives of the Russian, Georgian, and North Ossetian sides for the purpose of studying conditions in Ossetian villages and housing estates and terminate this work in two months time.
3. On the basis of the results of specifying the lists and studying housing estates, to consider at the February 1995 meeting of the Joint Control Commission the issue linked to the possible return of and provision of housing for refugees from internal districts of the Republic of Georgia.
4. For the purpose of a more efficient and objective consideration of the issues linked to the refugees from internal districts of the Republic of Georgia and in coordination with the Russian Foreign Affairs Ministry and the Federal Migration Service, a representative of the Migration Service of the Republic of North Ossetia will work at the Embassy of the Russian Federation in Georgia.
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 CSCE Mission
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)


DECISION OF THE JOINT CONTROL COMMISSION FOR THE SETTLEMENT OF THE GEORGIAN-OSSETIAN CONFLICT
Moscow, 6 December 1994
For the eight months in 1994, a backlog has accumulated in the estimates for the maintenance of the Ossetian contingent within the peacekeeping forces in the zone of the Georgian-Ossetian conflict.
The Joint Control Commission for the Settlement of the Georgian-Ossetian Conflict decided:
1. To address the Ministry for Emergency Situations of the Russian Federation with a proposal to consider the given issue and find the means to pay off the debts in December 1994.
2. To request the government of the Russian Federation to resolve the issues of financing the Ossetian contingent of the peacekeeping forces from 1 January 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
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)


DECREE ISSUED BY THE GOVERNMENT OF THE RUSSIAN FEDERATION on the measures of temporary restriction of crossing state borders between the Russian Federation and the Republic of Azerbaijan and the Republic of Georgia
For the purpose of securing the security of the Russian Federation due to the conflicting situation in the territory of the Republic of Chechnya in compliance with the article 9 of the law of Russian Federation “on State Borders of the Russian Federation” the Government of the Russian federation decrees:
1.  Federal Border Service of the Russian Federation, State Customs Committee of the Russian Federation,  the Ministry of Transportation of the Russian Federation and the Ministry of Communications  of the Russian Federation through the cooperation with the Ministry of Interior of the Russian Federation and Federal Service of Counterintelligence of the Russian Federation, from 00h December 21 of 1994:
shall temporarily terminate of letting pass individuals, vehicles, cargoes and goods from the Republic of Azerbaijan and the Republic of Georgia through Russian border save in case they are returning at their places of permanent residence.
(…)
3.  The Ministry of Transportation of Russian Federation shall temporarily terminate:
air and maritime communication with the Republic of Azerbaijan and the Republic of Georgia from the airports of the Republic of Ingusheti, Republic of Dagestan, Republic of the North Ossetia, Krasnodar and Stavropol Regions, Astrakhan and Rostov Oblasts, as well as from the seaports of the Russian Federation in the Black Sea coast, Azov and Caspian Seas;
air communication from the airports of the Republic of Azerbaijan and the Republic of Georgia that are closed for international flights.
6. The Ministry of Communications of the Russian Federation and the Ministry of Transport of the Russian Federation shall temporarily terminate railway and motor-car communication with the Republic of Azerbaijan and the Republic of Georgia except shipment to the Russian military units dislocated in the territory of the Republic of Armenia and the Republic of Georgia.
(…)
Chairman of the Government of the Russian Federation V. Chernomirdyn
19 December 1994
(Collection of Legislation of the RF, M., 1994, # 35, p. 5235-5237)


DECREE ISSUED BY THE GOVERNMENT OF THE RUSSIAN FEDERATION on lifting certain restrictions established by the Decree of the Government of the Russian Federation of 19 December 1994 #1394 on the measures of temporary restriction of crossing state borders between the Russian Federation and the Republic of Azerbaijan and the Republic
of Georgia.
The Government of the Russian Federation decrees:
1.  The Federal Border Service of the Russian Federation, State Customs Committee of the Russian Federation, the Ministry of Transportation of the Russian Federation, the Ministry of Communications of the Russian Federation in coordination with the Ministry of Interior of the Russian Federation, Federal Service on Counterintelligence of the Russian Federation, at the check points established along the state border of the Russian Federation and the Republic of Azerbaijan and the Republic of Georgia:
(…)
with the agreement of the government of he Republic of Dagestan and administration of the Krasnodar Region shall determine the procedure for crossing the borders of the Russian Federation of individuals, residents of adjacent territories to the Russian Federation from the Republic of Azerbaijan and the Republic of Georgia and having permanent job in the territory of the Russian Federation in the presence of relevant documents of the identification, place of residence and work;
to permit the border crossing to the individuals that are traveling for special family purposes (wedding, sickness or death of relatives etc.) in the presence of relevant documents of identification, place of residence and the documents approving the special circumstances.
2.  To permit air, motorway and maritime transportation for the purposes of Russian military units dislocated in the territory of the Republic of Georgia through the territory (From the airports) of the Republic of Dagestan, Republic of Ingusheti, Republic of North Ossetia, Republic of Kabardyno-Balkaria, Krasnodar and Stavropol Regions, Astrakhan and Rostov Oblasts and also from the Russian seaports at the Black Sea and the Azov Sea.
3. This Decree shall come into force from 18:00h of 27 December 1994
Chairman of the Government of the Russian Federation V. Chernomirdyn
27 December 1994
(Collection of legislation of the RF, M., 1995, # 1, p. 200-201)


1995
RESOLUTION 971 (12 JANUARY 1995) ADOPTED BY THE UN SECURITY COUNCIL
The Security Council,
Reaffirming its resolutions 849 (1993) of 9 July 1993, 854 (1993) of  6 August 1993, 858 (1993) of 24 August 1993, 876 (1993) of 19 October 1993,  881 (1993) of 4 November 1993, 892 (1993) of 22 December 1993, 896 (1994) of  31 January 1994, 906 (1994) of 25 March 1994, 934 (1994) of 30 June 1994 and  937 (1994) of 21 July 1994,
Having considered the report of the Secretary-General of 6 January 1995  (S/1995/10 and Add.1 and 2),
Reaffirming its commitment to the sovereignty and territorial integrity of  the Republic of Georgia, and in this context recalling the statement by the  President of the Security Council of 2 December 1994 (S/PRST/1994/78),
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 on voluntary  return of refugees and displaced persons (S/1994/397, annex II), signed in  Moscow on 4 April 1994,
Urging the parties to refrain from any unilateral actions which could  complicate or hinder the political pro­­cess aimed at an early and comprehensive  settlement of the conflict,
Deeply concerned about the lack of progress regarding a comprehensive  political settlement as well as the slow pace of return of refugees and  displaced persons,
Calling upon the parties to intensify efforts, under the auspices of the  United Nations and with the assistance of the Russian Federation as facilitator  and with the participation of representatives of the Organization on Security  and Cooperation in Europe (OSCE), 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 the  Republic of Georgia,
Expressing its satisfaction with the close cooperation and coordination  between the United  Na­­­ti­­ons Observer Mission in Georgia (UNOMIG) and the  Commonwealth of Independent States (CIS) peace- ke­­­­eping force in the performance  of their respective mandates,
Commending the contribution of the CIS peace- keeping force and of UNOMIG to  the maintenance of  a cease-fire and to the stabilization of the situation in the  zone of the Georgian-Abkhaz conflict,
1. Welcomes the report of the Secretary-General of 6 January 1995;
2. Decides to extend the mandate of UNOMIG, as set out in its resolution 937 (1994), for an additional pe­­riod terminating on 15 May 1995;
3. Requests the Secretary- General to report within two months of the  adoption of this resolution on all aspects of the situation in Abkhazia,  Republic of Georgia;
4. Encourages the Secretary-General to continue his efforts 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 the Republic of Georgia and calls upon the parties to reach  substantive progress in the negotiations under the auspices of the United  Nations and with the assistance of the Russian Federation as facilitator and with participation of representatives of the OSCE;
5. Calls upon the parties to comply with their commitments with regard to  the return of refugees and displaced persons, as undertaken in the Quadripartite  Agreement and in particular calls upon the Abkhaz side to accelerate the process  significantly;
6. Decides to undertake, on the basis of a report from the Secretary-General  submitted by 4 May 1995 and in the light of any progress achieved  towards a political settlement and the return of refugees and displaced persons,  a thorough review of the situation in Abkhazia, Republic of Georgia;
7. Requests also the Secretary-General to examine, within UNOMIG’s  existing mandate, in cooperation with the relevant Representatives of the CIS  peace-keeping force the possibility of additional steps to contribute to conditions conducive to the safe and orderly return of refugees and displaced  persons;
8. Reiterates its encouragement to Member 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 (S/1994/583, annex I)  and/or for humanitarian aspects including demining, as specified by the donors;
9. Decides to remain actively seized of the matter.
(www.un.org/docs)


MEMORANDUM BY THE HEADS OF STATES OF THE COMMONWEALTH OF INDEPENDENT STATES on Maintaining the Peace and Stability in the Commonwealth of Independent States
The member-countries of he Commonwealth of Independent States,
Based on the historical ties between them,
Being devoted to the principles of stability and considering that unsettled conflicts between the member-states of the CIS run counter to the basic interests of the founding principles of the CIS,
Expressing their adherence to the goals and principles of the UN Charter, the CSCE, the CIS Charter and the documents adopted within the frame of the Commonwealth of Independent States, considering that maintaining of peace and stability in cooperation between the states is an imprescriptible condition to the functioning of the Commonwealth of Independent States to secure economic and social-political development of each member-state and the commonwealth in whole,
Acknowledging that maintaining the peace within the Commonwealth as well as in member-states serve to the best interest of the peoples of these states,
Declare on the following:
1. The member-states of the commonwealth of Independent States will refrain themselves from military, political, economic and other forms of pressure against each-other.
2. The member-states, signatories to this Memorandum pursuant to their national legislation will not support creation and operation on their respective territories the organizations and groups, as well as the activity of certain individuals against the independence, territorial integrity and border inviolability, or attempting to strain inter-ethnic relations of a member-state of the CIS.
3. The States confirm inviolability of existing borders and readiness to encourage the regulation of disputes and conflicts through peaceful mechanisms with regard of borders and territories.
4. In case the situation when the interests of any member-state, signatory to this Memorandum are prejudiced, it can appeal to the other member-states of the Commonwealth of Independent States for immediate consultations.
5.  The member-states, signatories to this memorandum shall refrain themselves from any direct or indirect intervention to the internal affairs of a member-state, signatory to this memorandum.
6.  The member-states shall refrain themselves from joining the alliance and blocs that act against any member-state of the Commonwealth of Independent States.
7. The member-states of the Commonwealth pursuant to their national legislation and international norms shall undertake the measures to prevent any forms of separatism, nationalism, chauvinism and fascism on their respective territories.
They shall encourage objective and impartial media coverage of public-political processes in other member-states of the Commonwealth.
8. The member-states commit themselves not to support separatist movement of other member-states on their territories, as well as separatist regimes; if such is emerged, they shall not establish political, economic and other relations with them; they shall not provide territory and communication means to them, either financial, economic, military or any other assistance.
9. The member-states will exert their effort to support each-other in order to strengthen mutual trust and security between the member-states of the commonwealth of independent States.
Done at Almaty on 10 February 1995 in one original copy in Russian language…
Signed by the heads of States of the Commonwealth of Independent States
The Republic of Armenia signed the Memorandum with a note: “taking into consideration the special views of Armenia and except paragraphs 7-8"
10 February 1995, Kazakhstan, Almaty
(T. Nadareishvili, Geonotsid v Abkhazii, p. 278-279)
    

DECREE ISSUED BY THE PARLIAMENT OF GEORGIA on Supreme Authority of the Autonomous Republic of Abkhazia
On 10 March 1994 the Parliament of Georgia dissolved the Supreme Council of the Abkhaz ASSR.
This zero version was conducive for defining a political status of Abkhazia within the Georgian state laying foundation for genuinely democratic elections, as has been repeatedly underlined in the resolutions of UN, after the hundreds of thousands of persons driven out from Abkhazia as a result of ethnic cleansing returned to their homes.
Nevertheless, being deprived of any legitimacy and elected through the principle of national superiority and having preliminarily guaranteed parliamentary majority, the Gudauta separatist group of deputies, elected by the tiny minority of the population in 1991 to the Supreme Council of Abkhazian ASSR continued, in grossly illegal manner, to act on behalf of the supreme body of the Autonomous Republic, moreover, it adopted the so called Constitution, elected a President, and declared the Abkhazian region a sovereign state and subject of the International law.
The Deputies of the Supreme Council of the Abkhaz SSR, representing the best and genuine interests of multinational population of Abkhazia, even prior to the military conflict, as mark of protest against the anti-constitutional activities of the Gudauta separatist group, suspended their activities in the Supreme Council of the Abkhaz ASSR. Taking the aforementioned into consideration, in January 1995, they resumed activities and appealed to the Parliament of Georgia with a request of endorsing their competence.
The Parliament of Georgia believes, that the vacuum of power existing in Abkhazia, allows the separatist group to continue its criminal, usurper-like activities and rules out the possibility of return of refugees, holding free elections and factual restoration of jurisdiction of Georgia in Abkhazia.
In accordance with paragraph 3 of the article 3 of the law of the Republic of Georgia on “State Power”, the Parliament of Georgia decrees:
1. To declare those Deputies of the Supreme Council of the Abkhaz ASSR elected in 1991 and representing the best and genuine interests of the vast majority of Abkhazia and who did not take part in the anti-constitutional activities of the Gudauta separatist group-the representatives of the supreme representative and legislative body of the Autonomous Republic of Abkhazia.
2. The Supreme Council of the Abkhaz ASSR shall carry out its activities in conformity with the Constitution of the Abkhaz ASSR adopted in 1978 and legislative acts that did not contradict to the legislation of Georgia; to create the necessary legal basis that would guarantee normal functioning of all structures of the Autonomous Republic and creation of relevant normative basis for holding elections in Abkhazia.
3. The Supreme Council of the Abkhaz ASSR shall be entitled with the right to participate in all negotiations on Abkhazia.
To consider null and void any treaty, agreement concluded or statement made, without consent of a delegation made of members of the Supreme Council of the Abkhazian ASSR.
4. To request member –states of the UN, and international organizations to refrain from establishment of any kind of relationship with the aggressive-separatist regime (the Gudauta group), perpetrators of ethnic cleansing-genocide, save for those officials who participate in the negotiation process, mediators and observers, that are to be provided with adequate conditions for carrying out peacemaking efforts aimed at settlement of the conflict in Abkhazia.
5. This decree shall come into force immediately upon publication.
Speaker  of the Parliament of Georgia V. Goguadze
24 February 1995
(Bulletin of the Parliament of Georgia, 1995, # # 23-26, p. 79-81)


DECREE ISSUED BY THE STATE DUMA OF THE FEDERAL ASSEMBLY OF THE RUSSIAN FEDERATION on Humane Treatment of the Needs of the Population of Abkhazia
Considering that the closing of the border of Russian Federation along the River Psou by the Government of Russian Federation, suspension of access to the Russian Federation of non-Russian residents, vehicles and cargoes from the territory of the Republic of Georgia established unbearable environment to the population of Abkhazia, especially those of Russian origin that are suffering with cold and hunger.
Being aware that toughening of border regime justified with internal needs of Russia shall not worsen the living conditions of our countrymen in foreign countries;
Welcoming the progress in negotiations on political settlement of Georgian-Abkhaz conflict,
The state Duma of the federal Assembly of the Russian Federation decrees:
To requests the Government of the Russian Federation to consider the issue on alleviation of border regime along Abkhazia and establish simplified procedures of border-crossing for retired people and women, as well as the humanitarian corridor in order to deliver food and essentials to the population of Abkhazia through the Red Cross Society of the Russian Federation, international and Russian humanitarian charity organizations, public associations and religious organizations.
Chairman of the State Duma of the Federal Assembly of the Russian Federation  I. P. Ribkyn
24 February 1995
(Collection of legislation of the RF, M., 1995, # 7, p. 477-478)
    

WORKING  PROTOCOL of the Talks on the Georgian-Abkhaz Conflict Settlement
From 18 April to 6 May 1995, negotiations on settlement of the Georgian-Abkhaz conflict were held in Moscow.
The Georgian delegation was represented by V. G.Lortkipanidze-Ambassador Extraordinary and Plenipotentiary of the Republic of Georgia to the Russian Federation, Special Representative of the Head of State.
The Abkhaz side was represented by V. G. Ardzinba- leader of Abkhazia and his personal representative A.M. Jergenia.
Mr. Edward Bruner-Special Representative of the Secretary General of UN met with the participants of the negotiations.
In the course of consultations, the Parties to the negotiations, as well as the Russian mediators, submitted their drafts of Agreement on Georgian-Abkhaz settlement and Agreement on return of refugees and internally displaced persons. Apart from that, the Russian side proposed draft on guarantees of Georgian-Abkhaz and Georgian-Ossetian settlement. In addition, the Russian side put forward a proposal to prepare and sign a number of agreements on the development of economic cooperation with Russia, namely, related to problems of securing sustainable supply of energy resources and restoration of transport communications, first and foremost, restoration of railway trunks and others.
In the course of negotiations, the Parties managed to reach an agreement on a number of issues.
The Parties reiterated their commitments not to allow resumption of hostilities. They agreed to live in the unitary state. Both sides expressed their willingness to regard the Russian Federation as the guarantor of their potential agreements.
In the course of negotiations, representatives of Georgia proposed to solve the Georgian-Abkhaz conflict based on the principle of federative arrangement of a unitary state.
The Abkhaz side insisted on its own understanding of a unitary State-confederative union between the Re­­­public of Georgia and the Republic of Abkhazia, establishing the union of equal subjects of international law.
During the negotiations, the point of departure for representatives of the Russian Federation was the necessarily to maintain territorial integrity of Georgia and drawing on the vast and multifaceted experience of Russia in terms of federative relations, encouraged the Parties to seek solutions in that direction.
The Russian mediators insisted that in the course of ongoing consultations concrete and stage-by-stage approach solutions were found to the problem of return of refugees and internally displaced persons to Abkhazia, namely, concrete time-frame and number of people to be returned. In these regard, the Georgian and Abkhaz sides have serious discrepancies.
The texts of discussed documents were to large extend agreed upon, however, due to serious conceptual discrepancies existing between the Parties, a number of principal issues remained unresolved. The Parties be­­­­lieve that in case provided those principal contradictions are overcome, the wording of documents can be agreed upon shortly.
The Russian side appealed to the Parties to continue further elaboration of these documents.
The participants agreed to resume negotiations on 11 1995 at 9:30.
V. Lortkipanidze, A. Djergenia, A. Bolshakov.
6 May 1995
(Journal “Dimplomaticheskiy Vestnik”, 1995, #6, p. 46-47 )


RESOLUTION 993 (12 MAY 1995) ADOPTED BY THE UN SECURITY COUNCIL
The Security Council,
Reaffirming all its relevant resolutions, in particular resolution  971 (1995) of 12 January 1995,
Having considered the report of the Secretary-General of 1 May 1995  (S/1995/342),
Reaffirming its commitment to the sovereignty and territorial integrity of  the Republic of Georgia,
Concerned that insufficient progress has been achieved towards a  comprehensive political settlement,
Welcoming and encouraging continuing consultations regarding a new  constitution for the Republic of Georgia based on federal principles in the  context of a comprehensive political settlement,
Reaffirming 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 on voluntary  return of refugees and displaced persons (S/1994/397, annex II), signed in  Moscow on 4 April 1994, deploring the continued obstruction of such return by  the Abkhaz authorities and underlining that return of refugees and displaced  persons to the Gali region would be a welcome first step,
Expressing concern over the critical funding shortages which may result in  suspension of important humanitarian programmes,
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, Republic of Georgia,
Reaffirming the need for the parties to comply with international  humanitarian law,
Noting that the Agreement on a Cease-fire and Separation of Forces signed  in Moscow on 14 May 1994 (S/1994/583, annex I), has been generally respected by  the parties over the past year with the assistance of the Commonwealth of  Independent States (CIS) peace-keeping force and the United Nations Observer  Mission in  Georgia (UNOMIG), but expressing concern at the continued lack of a  secure environment, in particular recent attacks on civilians in the Gali  region,
Further expressing concern about the safety and the security of UNOMIG and  CIS personnel and stressing the importance it attaches to their freedom of  movement,
Stressing also the importance it attaches to restrictions on the number and  type of weapons which may be borne by the parties in the security zone, and
welcoming the intention of the Secretary-General to pursue this question with  the parties,
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  stabilization of the situation in the zone of conflict,
Paying tribute to those members of the CIS peace- keeping force who have  lost their lives in the exercise of their duties,
1. Welcomes the report of the Secretary-General of 1 May 1995;
2. Decides to extend the mandate of UNOMIG for an additional period  terminating on 12 January 1996, subject to review by the Council in the event of  any changes that may be made in the mandate of the CIS peace-keeping force;
3. Expresses 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 the Republic 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 to reach substantive progress in the  negotiations under the auspices of the United Nations and with the assistance of  the Russian Federation as facilitator and with participation of representatives  of OSCE;
5. Urges the parties to refrain from any unilateral actions, which could  complicate or hinder the political process aimed at an early and comprehensive  political settlement;
6. Reiterates its call to the Abkhaz side to accelerate significantly the  process of the 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 to guarantee the safety of spontaneous returnees
already in the area and regularize their status in accordance with the  Quadripartite Agreement;
7. 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;
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;
9. Requests the Secretary-General, in the context of paragraph 7 of  resolution 971 (1995), to consider ways of improving observance of human rights  in the region;
10. 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;
11. Encourages States to respond to the consolidated inter-agency appeal,  in particular for the urgent needs of UNHCR, and welcomes all relevant  humanitarian contributions of States;
12. Requests the Secretary-General to report every three months from the  date of the adoption of this resolution on all aspects of the situation in  Abkhazia, Republic of Georgia, including the operations of UNOMIG, and decides  to undertake, on the basis of those reports, further reviews of the situation;
13. Decides to remain actively seized of the matter.
(www.un.org/docs)


AGREEMENT  on Friendship and Cooperation Between the Republic of Abkhazia and the
Republic of Kabardino-Balkharia
The Republic of Abkhazia and the Republic of Kabardino-Balkharia, hereinafter referred as “sides”,
Striving for the development of their statehood,
Being aware that further development of friendship and mutual beneficial cooperation serve to the best interests of their people
Decided to conclude this Agreement on friendship and cooperation and
agreed upon the following:
Article 1
The Sides will develop their relations based on the principles of equality, non-interference in internal affairs, mutual respect and cooperation.
Article 2
The Sides  will cooperate to maintain the peace and stability in the Caucasus.  They will exert their efforts to the peaceful settlement of conflicts and critical situations that jeopardize the interests of the Sides.
With this purpose the Sides will hold consultation on the problems of mutual interest on the regular basis.
Article 6
The Sides will assist each other in legal issues, including criminal, civil and family affairs…
The sides will cooperate in the issues related to the security of transit movement of their citizens, vehicles and cargoes through their respective territories.
Article 8
In order to secure the realization of this Agreement the Sides consider necessary to establish representation offices in the cities of Nalchik and Sukhum of the Republic of Kabardino-Balkaria and the Republic of Abkhazia accordingly.
(…)
Article 9
This agreement is concluded for five-year term…
(…)
This Agreement comes into force the day it is signed.
Done in the city Sukhum on 19 May 1995 in two copies in Abkhaz, Kabardino-Balkhar and Russian languages
For the Republic of Abkhazia the Chairman of the Parliament V. G. Ardzinba
For the Republic of Kabardino-Balkharia President V. Kokov
19 May 1995
(Newspaper “Respublika Abkhazia”, # 4 0, 24-26 May 1995)


DECREE ISSUED BY THE GOVERNMENT OF THE RUSSIAN FEDERATION on Partial Changes in the Decree issued by the Government of the Russian Federation of 19 December 1994 #1394 “On temporary Restrictions of Crossing the Border of the Russian Federation with the Republic of Azerbaijan and the Republic of Georgia”
The Government of the Russian Federation decrees:
1. Due to the partial changes in the Decree issued by the Government of Russian Federation of 19 December 1994 #1394 “On temporary Restrictions of crossing the Border of the Russian Federation with the Republic of Azerbaijan and the Republic of Georgia” and to the request of the Cabinet of Ministers of the Republic of Georgia, to permit the Ministry of Transport of the Russian Federation to open the maritime movement for transportation of public goods between the Russian Federation (Seaports of Novorosiysk and Taganrog) and the Republic of Georgia (Seaports of Poti and Batumi)
(…)
Chairman of the Government of the Russian Federation V. Chernomirdyn
24 May 1995
(Collection of the Legislation of the RF, M., 1995, # 22, p. 4099)


DECISION ISSUED BY THE COUNCIL OF THE HEADS OF STATES OF THE COMMONWEALTH OF INDEPENDENT STATES on Specification to and Extension of the Mandate of the Collective Force on Maintaining the Peace in the conflict Zone in Abkhazia, Republic of Georgia
The Council of the Heads of States of the commonwealth of Independent States decided:
1. To  make specification to the mandate of the Collective Force on maintaining the peace in the conflict zone of Abkhazia, Republic of Georgia (the new wording is attached).
(…)
Done at Minsk on 26 May 1995…
For the Republic of Azerbaijan G. Aliyev
For the Republic of Kyrgizstan A. Akaev
For the Republic of Armenia L. Ter-Petrosyan
For the Russian Federation B. Eltsin
For the Republic of Belarus A. Loukashenko
For the Republic of Tajikistan E. Rakhmanov
For the Republic of Georgia E. Shevardnadze
For the Republic of Uzbekistan I. Karimov
For the Republic of Kazakhstan N. Asanbaev
The Republic of Moldova, Turkmenistan and Ukraine haven’t signed the document.
(www.un.org/russian)


ANNEX TO THE DECISION ADOPTED ON 26 MAY 1995 BY THE COUNCIL OF THE HEADS OF STATES OF THE COMMONWEALTH OF INDEPENDENT STATES on Specification to and Extension of the Mandate of the Collective Force on Maintaining the Peace in the Conflict Zone of Abkhazia
Mandate of the Collective Force on maintaining the peace in the conflict zone in Abkhazia, Republic of Georgia
Pursuant to the decisions issued by the Council of the heads of States of the Commonwealth of independent States on usage of Collective Force the operation on maintaining of peace in the conflict zone in Abkhazia, the Republic of Georgia is carried out.
The tasks aimed at maintaining the peace, separation of forces and observing the cease-fire regime on land, in the Sea and in the air have been fulfilled.
The peacekeeping military contingents of the CIS have been deployed in the conflict zone, as well as the military observers of the UN Mission in Georgia.
The security zone, restricted-weapons zone and control zone have been established in compliance with the Cease-fire Agreement and Separation of Forces of 14 May 1994 that specifies and determines the level of armament and personnel.
The Collective force will carry out its tasks to facilitate comprehensive settlement of the conflict in Abkhazia, Georgia, particularly in the course of safe return of refugees and displaces persons to their places of residence observing international humanitarian rights and human rights; the process of de-mining also will be encouraged.
1. In compliance with the Decision of the Council of the Heads of States of the Commonwealth of Inde­­­pendent States on specification of the Mandate of the Collective Peacekeeping Force in the conflict zone of 26 May 1995 the term of operation is extended up to 31 December 1995.The term of Mandate shall be prolonged upon the decision of the Council of the Heads of States of the Commonwealth of Independent States.
2. The manpower and adequate means shall be determined to realize the Decision issued by the Council of the Heads of States of the Commonwealth of Independent States on Approve of the Mandate for carrying out the peace operations in the Georgian-Abkhaz conflict zone of 21 October 1994.
3.  The Group of Military observers shall be set up to observe the commitments under the Agreement on Cease-fire and Separation of Forces of 14 May 1994.
4. After the adoption of the Decision the countries, sending the contingents to the Collective Force shall secure the preparation of the personnel, their material-technical supply and financial means, including expenses for transportation at the expense of their respective states.
5. The Collective peacekeeping Force and the Group of military observers are entrusted with the tasks … in particular:
a) observance of a cease-fire regime , establishment of peace and prevention from the resumption of military operations in the conflict zone through separation of military formations of the conflicting sides;
b) establishment of adequate conditions for safe return of refugees and displaced persons that left the conflict zone to the places of their permanent residence, as well as observance of other  provisions set up in the Quadripartite Agreement on Voluntary Return of Refugees and Displaces Persons of 4 April 1994, including the operation of the Quadripartite Commission established pursuant to the aforementioned Agreement;
c) observance of agreements concluded between the sides, in particular, Memorandum of Understanding of 1 December 1993, Communiquй on the Second Round of Talk of 13 January of 1994, Declaration on the measures for political settlement of the Georgian-Abkhaz Conflict of 4 April 1994 and the Agreement on Cease-fire and Separation of Forces of 14 May 1994, as well as the other possible agreements that the sides may reach in the process of the comprehensive political settlement of the conflict;
d) facilitation to the process of the rehabilitation of the regions affected in conflict time, including the humanitarian aid, de-mining and restoration of systems of vital importance of the population;
e) assuring the security of the key systems of life, as Inguri Power Plant and others;
f) securing the norms of international humanitarian and human rights;
g) close cooperation with the staff of the UNOMIG and other employees of the UNO in the region;
e) carrying out the control on disbanding and withdrawal of all volunteer military formations made up of persons outside of the frontiers of Abkhazia;
h) carrying out the control on the process of withdrawal of heavy military equipment in cooperation with the UN Observers Mission in  Georgia.
The Collective peacekeeping Force and the Group of Military observers, under the decision of the Command reconciled with the conflicting sides may decide other issues in due course of operations in the conflict zone guiding with the principles of securing and maintaining the peace between the conflicting sides.
6. Commander of the Peacekeeping Force in the conflict zone (hereinafter - Commander) is subordinated to the Council of the Heads of States of the commonwealth of Independent States.  The issues, related to the urgent operative decisions he shall to agree with the Chairman of the Council of Ministers of the Ministers of Foreign Affairs of the CIS member-states and with the Chairman of the Council of Ministers of Defence of the CIS member-states and carries out direct command of the operations on maintaining the peace and acts in a capacity of a direct commander to all personnel of the Collective Force.
7. Military contingents of the CIS member-states, designated to the Collective Force and the Group of observers are entering under the subordination of the Commander since their detachment to the region of operation reporting their commanders (heads) on deployment.
(…)
(www.un.org/russian)
                                                                                                               

DECISION ISSUED BY THE COUNCIL OF THE HEADS OF STATES OF THE COMMONWEALTH OF INDEPENDENT STATES on proposals on reconciled operations for the conflict settlement in Abkhazia, Georgia
The Council of the Heads of States of the Commonwealth of Independent States decided:
To endorse the proposed political forms and mechanisms of involvement of the member-states of the Commonwealth of independent States in the process of conflict regulation in Abkhazia, Georgia (Annex 1,2).
Done at Minks 26 May 1995 in one original copy in Russian language…
Signed by the Heads of State of the Commonwealth of independent States.
The Decision hasn’t been signed by the Republic of Moldova, Turkmenistan and Ukraine.
(Collection of Documents Relating to the Issue of Conflict Settlement in Abkhazia, Georgia adopted  in 1992-1999,  p. 57)
    

ANNEX 1 TO THE DECISION OF THE COUNCIL OF THE HEADS OF STATES OF THE COMMONWEALTH OF INDEPENDENT STATES OF 26 MAY 1995 on Possible Political Measures for Regulation of the Conflict in Abkhazia, Georgia
1. To hold the working meeting of the representatives of the governments, Ministries of Foreign affairs of Russia and Georgia, as well as the representatives from the Abkhaz side in order to discuss and reconcile the Agreement on Regulation of the Conflict in Abkhazia that will establish the commitments to suspend military confrontation and lays ground to peaceful life and finds the firm political decision.
2. The next step would be the Conference on national reconciliation and signing of aforementioned Agreement.  The proposals of this frame document could be developed at the next talks.  At the Conference on national reconciliation, with the presence relevant  representatives of Armenia and Azerbaijan, as well as of the CIS and OSCE, The Declaration on guarantees for peaceful settlement of the conflict in Georgia could be signed; the Commonwealth of Independent States and the Russian Federation as the Chair state in the CIS could committee themselves to carry out the role of guarantor in implementation of the pledged commitments.
3. The sufficiently prepared issue could make possible the representatives of Russia, Georgia, Armenia and Azerbaijan, as well as of Abkhaz side sign the Agreement of restoration and exploitation of the railway Adler-Samtredia-Baku-Yerevan.
Aforementioned scheme would be realized only in case of practical resolution of he problem of return of refugees and displaced persons in Abkhazia.
(Collection of Documents Relating to the Issue of Conflict Settlement in Abkhazia Georgia adopted in 1992 - 1999, p. 58)

PROTOCOL #4 OF THE MEETING OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT
June 9, 1995, Moscow
Chaired by:
Nikolai Medvedev – Deputy Minister of Russian Federation for Cooperation with CIS Member States, Head of the Russian part of the JCC.
Agenda:
I. On the Process of Construction and Rehabilitation Works in the Zone of the Georgian-Ossetian Conflict.
Reporter – A. Babenko, member of the JCC.
II On implementing decision of the JCC about the JPKF.
Reporter – Colonel I. Ivanov.
III. On Developing Actions for Return of Refugees from North Ossetia – Alania to Internal regions of Georgia.
Reporter: V. Kolyuchev, a member of the JCC;
IV. On Humanitarian Problems of Settlement of the Georgian-Ossetian Conflict.
Reporter: N. Malikova, a member of the JCC.
V. O Approaches to the Political Settlement of the Georgian-Ossetian Conflict.
VI. On venue, date and agenda of the next meeting.
The following was resolved with regard to the agenda:
I. On the Process of Construction and Rehabilitation Works in the Zone of the Georgian-Ossetian Conflict.
Babenko, S. Ardasenov, I. Menagarishvili, V. Gabaraev, N. Medvedev)
Resolved:
a) approve the decision of the JCC on the Process of Construction and Rehabilitation Works in the Zone of the Georgian-Ossetian Conflict (the resolution is attached);
b) continue reviewing the issue at the next meeting of the JCC.
II. On implementing decision of the JCC about the JPKF.
(I. Ivanov, I. Menagarishvili, V. Khubulov, T. Kusov, V. Gabaraev, D. Boden, S. Palmizano, A. Merkuryev, G. Khugaev, N. Medvedev)
Resolved:
1. Approve the following documents prepared by the workgroup:
a) Decision of the JCC on implementing decision of the JCC about the JPKF – 2 pages (attached).
a) Attached is
- the scheme of organizations of the JPKF in the zone of the Georgian-Ossetian conflict;
2. Continue reviewing the issue at the next meeting of the JCC.
III. On Developing Actions for Return of Refugees from North Ossetia – Alania to Internal regions of Georgia in the Zone of the Georgian-Ossetian Conflict.
(V. Kolyuchev, F. Kovalev, I. Menagarishvili, T. Kusov, D. Boden)
Resolved:
a) Approve the decision Developing Actions for Return of Refugees from North Ossetia – Alania to Internal regions of Georgia (attached).
b) Continue reviewing the issue at the next meeting of the JCC.
IV. On Humanitarian Problems of Settlement of the Georgian-Ossetian Conflict.
(N. Malikova)
Resolved:
Take into account the information provided under the report of the member of the JCC, N. Malikova, and use it in future works of the JCC.
V. O Approaches to the Political Settlement of the Georgian-Ossetian Conflict
(V. Gabaraev, B. Pastukhov, G. Khugaev, N. Medvedev, G. Jikaev, D. Boden)
Resolved:
The parties exchanged with the opinions about the approaches to the Georgian-Ossetian conflict settlement.
The parties reached agreement to continue high level negotiations between the official delegations on the conflict settlement with the help (intermediation) of Russia and the the OSCE in June, 1995.
VI. On the venue, date and agenda of the next session of the JCC.
(N. Medvedev, I. Menagarishvili, V. Gabaraev, G. Jikaev).
Resolved:
1. To hold the next session of the JCC between June 19-20 pf 1995, in Tbilisi and Tskhinvali.
2. Review at the next session of the JCC the following issues:
a) implementation of resolutions adopted at the sessions of the JCC on June 9, 1995;
- On the Process of Construction and Rehabilitation Works in the Zone of the Georgian-Ossetian Conflict.
Reporter – A. Babenko, member of the JCC.
- On implementing decision of the JCC about the JPKF.
Reporter: Major General A. Gerasimov, a member of the JCC;
- On developing actions for the return of refugees from North Ossetia – Alania to internal regions of Georgia in the zone of the Georgian-Ossetian conflict.
Reporter: V. Koliuchev, a member of the JCC;
b) on the status of the high level negotiations held between the official delegations on the Georgian-Ossetian conflict settlement;
c) On the expediency of introducing to the agenda of the next session of the JCC a number of issues that have been raised by the Chairman of the Russian Society of South Ossetia “Rosa”.
c) On the venue, date and agenda of the next session of the JCC.
N. Medvedev, 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 #4 of the JCC session dated June 9, 1995, Moscow
DECISION Of the Joint Control Commission (JCC) for the Georgian-Ossetian Conflict Settlement On the Process of Construction and Rehabilitation Works in the Zone of the Georgian-Ossetian Conflict
The the JCC for the Georgian-Ossetian Conflict Settlement resolved:
Take into consideration statements of a member of the Russian Part of the JCC, A. Babenko about allocating 6,7 billion Rubbles (as of June 9, 1995 3 billion Rubble were transferred) in 1995 for the construction and rehabilitation activities in the zone of the Georgina-Ossetian conflict, and the statement of the deputy Prime Minister of Georgia, I. Menagarishvili about allocating 1.3 trillion coupons (5 billion Rubbles) in 1995 for the same purposes.
Agree with the statement about speeding up the use of the funds allocated in 1995 for the rehabilitation works (August-September, 1995), and together with the financial organs of both parties find additional sources of financing until the end of the year.
Recommend the co-chairmen of joint administrative organ (A. Babenko and O. Kiknadze), within the period of two months, to make coordinated decisions on the scheme of financing of the mutual program on the rehabilitation works and establishing a joint UKS in accordance with the proposals of the workgroup of the JCC.
Support the proposal of the deputy Prime Minister of Georgia, I. Menagarishvili about applying by the Government of Georgia to the Government of Russia with the request to allocate a loan in the amount of 10 billion Rubbles at the beginning of financing and fulfillment of works by the Georgian side for the purpose of using the funds in the form additional capital investments for the rehabilitation of regions in the zone of the Georgian-Ossetian conflict.
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 # 4of the JCC Session dated June 9, 1995, Moscow
DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On Implementing Decision of the JCC on the JPKF
The the JCC for the Georgian-Ossetian conflict settlement
Resolved:
1. Appoint the Major General A. Merkuriev as the Commander of the JPKF in the zone of the Georgian-Ossetian conflict.
2. Assign the Commander of the JPKF, depending on the circumstances with regard to the agreement of the parties, introduce partial changes to the scheme of the dislocation of posts, check-points of joint forces, notifying the local authorities and the JCC about the above-noted fact.
3. Ask the Government of Russia, within the shortest period, to pay off the arrears of the Russian part of the joint forces and allocate necessary cash resources for their material and technical provision.
4. Offer to the leadership of the parties to resolve the issues of providing the personnel of the Georgian and Ossetian battalions with military uniforms and peacemaking symbolic pursuant to the applicable agreement, and allocate all necessary resources for repairing living quarters, canteens, engineering equipment of pickets and posts, and provide observers of the joint headquarters with the means of communication and transport facilities.
5. Ask the leadership the Georgia to replace infantry fighting vehicles by armored troop carriers in the Georgian battalion of the JPKF prior to August 1, 1995.
Within the same period of time, complete conservation of infantry fighting vehicles and heavy weapons in the Ossetian battalion.
Control over the implementation shall be taken by the Commander of the JPKF.
6. The Commander of the JPKF, chief military heads of the parties, shall increase their demands to the officers of subdivisions with regard to the status of military discipline, combat training and educational works with the personnel; improve activities of testing examination commissions.
Personnel of the examination commission of the JPKF shall be defined by the Commander of the JPKF.
7. Approve the changes to the organizational structure and staff of the Ossetian battalion proposed by the military commander (Annex 1).
8. Apply to the Ministry of Defense with the request to appoint chief military head from the Ossetian side from the career officers of the Ministry of Defense (of Ossetian nationality, if possible).
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 #4 of the JCC Session dated June 9, 1995, Moscow
DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On Developing Actions for Return of Refugees from North Ossetia – Alania to Internal regions of Georgia in the Zone of the Georgian-Ossetian Conflict
The the JCC for the Georgian-Ossetian Conflict Settlement
Resolved:
1. Take into consideration the information of V. Kolyucheva about the activities of the workgroup of the JCC on the issue of “Actions to be taken for Return of Refugees from North Ossetia – Alania to the Internal Regions of Georgia”.
2. The Georgian part of the JCC shall deem it necessary to apply to the official authorities of Georgia to approve the normative document that will obligate the administrative organs of the regions where refugees are supposed to return to provide them with legal protection.
3. The Committee on Refugees and Settlement of Georgia and the Migration Service of the North Ossetia – Alania, shall continue working on clarification and specification of lists and considering points at issue raised upon making the decision on return of refugees.
4. The workgroup of the JCC, when settling points at issues on the procedures of return of refugees and supporting thereof, should invite the Mission of the the OSCE in Georgia and other international organizations working on problems of refugees.
5. The Federal Migration Service of Russia and the Migration Service of North Ossetia-Alania, should take actions to help refugees from internal regions of Georgia to accommodate in Russia, in the case of receiving well-founded information about impossibility of their return to the places of their previous residence.
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)


DECREE ISSUED BY THE PARLIAMENT OF GEORGIA on Admitting Members of the Parliament of Georgia elected in Abkhazia to the membership of the Supreme Council of Abkhazia
Due to extraordinary situation in the Autonomous Republic of Abkhazia, the Parliament of Georgia decrees:
To admit, in the order of co-optation, the Members of the Parliament of Georgia elected in Abkhazia to the membership of the Supreme Council of Abkhazia.
Speaker of the Parliament of Georgia V. Goguadze
14 June 1995
(Bulletin of the Parliament of Georgia, 1995, # # 27-30, p. 205-207)


DECREE ISSUED BY THE GOVERNMENT OF THE RUSSIAN FEDERATION on removal of certain restrictions of Russian-Georgian border crossing within the frontiers of Krasnodar Region established by the Decree of the Government of the Russian Federation of 19 December 1994 # 1394
The Government of the Russian Federation decrees:
1. The Federal Border Service of the Russian Federation and State Customs Committee of the Russian Federation shall permit the border crossing at established check points through Georgian-Russian Border within the frontiers of the Krasnodar Region:
to the residents of Russian Federation and the residents of the Republic of Georgia those of the age of retirement and women regardless the age if they produce the adequate documents, as well as to the children under 16, the citizens of the Russian Federation possessing the property on the territory of Georgia and able to produce the relevant document;
the humanitarian cargoes and goods, food and construction materials directed to Abkhazia as an aid to eliminate natural disaster.
(…)
Chairman of the Government of the Russian Federation V. Chernomyrdin
7 July 1995
(Collection of the Legislation of the RF, 1995, # 29, p. 5345)


DECREE ISSUED BY THE STATE DUMA OF THE FEDERAL ASSEMBLY OF THE RUSSIAN FEDERATION on assistance to the population of Abkhazia
The State Duma of the Federal Assembly of the Russian Federation decrees:
1. To advise the Government of the Russian Federation to extend the effect of the Decree of he Government of the Russian Federation of 24 May 1995 #509 “on Partial changes of the Decree by the Government of the Russian Federation of 19 December 1994 #1394 “on Measures of temporary restriction of the state border of the Russian Federation with the Republic of Azerbaijan and the Republic of Georgia” to the maritime transportation with Sukhumi (Sukhum) Seaport.
2. To advise the Government of the Russian Federation to take measures for restoration of the air transportation from the Russian airports to the airport of Sukhumi (Sukhum) and secure safe flights.
3. To advise the Government of the Russian Federation to assist Abkhazia with the urgent humanitarian aid due to the natural disaster that took place in the republic.
4. To consider reasonable the opening of the field office of the Central Bank of the Russian Federation in Abkhazia in order to pay out the pensions to disables and veterans of the Great patriotic War, military retirees and the persons worked in the Far North.
5. To advise the Government of the Russian Federation to remove the restriction of the movement of the humanitarian cargoes, women, children under 16 and retirees through the check-point “Veseloe” at the state birder of the Russian Federation.
To recommend the Ministry of Finance of the Russian Federation to assign means to the Federal Border Service of the Russian Federation for arrangement and technical equipment of the check-point Veseloe.
Chairman of the State Duma of the Federal Assembly of the Russian Federation I. Ribkyn
14 July 1995
(Bulletin of the Federal Assembly of the RF, M., 1995, # 22, p. 1818-1819)


PROTOCOL #5 OF THE MEETING OF JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT
July 19-20, 1995, Tbilisi, Tskhinvali
Chaired by:
Nikolai Medvedev – Deputy Minister of Russian Federation for Cooperation with CIS Member States, Head of the Russian part of the JCC.
Agenda:
1. On the process of construction and rehabilitation works in the zone of the Georgian-Ossetian conflict (Information of E. Verkhovsky and O. Kiknadze).
II. On realization of actions to be taken for return of refugees from South Ossetia – Alania to the internal regions of Georgia (Information of I. Megrelishvili and B. Khatidze).
III. On implementing decisions of the JCC on the JPKF (Reported Major General A. Gerasimov, co-reporter – Major General G. Nikolaishvili).
IV. On high level negotiations on the level of official delegations on full-scale settlement of the Georgian-Ossetian conflict (exchange of information).
V. On the venue, date and agenda of the next session of the JCC.
The parties made a coordinated decision about the fact that the head of the Russian part of the JCC, having conducted the intermediary mission (function) in the conflict settlement, shall continue chairing of sessions of the JCC on regular basis.
The following was resolved with regard to the issues under the agenda:
I. On the process of construction and rehabilitation works in the zone of the Georgian-Ossetian conflict. (E. Verkhovsky, O. Kiknadze, I. Mamiev, G. Jikaev, G. Jigauri, I. Menagarishvili, D. Boden, N. Medvedev).
Resolved:
a) Approve the decision of the JCC on the process of construction and rehabilitation works in the zone of the Georgian-Ossetian conflict (attached).
b) Approve the decision of the JCC on widening the scope of activities of the economic workgroup of the JCC with regard to the territory involved in the Georgian-Ossetian conflict (attached).
c) Continue reviewing these issues at the next session of the JCC.
II. On realization of actions to be taken for return of refugees from South Ossetia – Alania to the internal regions of Georgia.(B. Khatidze, I. Mamiev, G. Jikaev, I. Menagarishvili, I. Medvedev)
Resolved:
a) Approve the decision on realization of actions to be taken for return of refugees from South Ossetia – Alania to the internal regions of Georgia.
b) Continue reviewing these issues at the next session of the JCC.
III. On implementing decisions of the JCC on the JPKF
(A. Gerasimov, G. Nikolaishvili, N. Medvedev, A. Merkuryev, V. Gabaraev)
Resolved:
Approve the decision on implementing decision of the JCC on the JPKF (attached).
IV. On high level negotiations on the level of official delegations on full-scale settlement of the Georgian-Ossetian conflict (exchange of information). (N. Medvedev, I. Mamiev, V. Gabaraev, I. Menagarishvili, G. Jikaev)
With regard to this issue, the heads of the delegations of the parties initialed the text of the Statement of the Georgian and South Ossetian parties on further development of the process of peaceful settlement of the conflict (attached).
V. On the venue, date and agenda of the next session of the JCC
(N. Medvedev, I. Menagarishvili, G. Jikaev, V. Gabaraev)
Resolved:
1. Hold the next session of the JCC in September 1995. The venue shall be agreed along the way.
2. Discuss the following issues at the next session of the JCC:
a) Fulfillment of decisions made at sessions of the JCC on July 19-20 of 1995.
- On the process of construction and rehabilitation works in the zone of the Georgian-Ossetian conflict.
(Information of A. Babenko and O. Kiknadze, members of the JCC).
- On development of proposals of the Mission of the PSCE on widening, if possible, the scope of activities of economic workgroup of the JCC and the procedure thereof with regard to the territories involved in the Georgian-Ossetian conflict.
(Information of representatives of the Georgian., South Ossetian parties and the Mission of the OSCE).
On actions to be taken for activating the process of return of refugees from North Ossetia  - Alania to the internal regions of Georgia.
(Information of representatives of the workgroup headed by the member of the JCC, Mr. T. Kusov).
b) On the high level negotiations on the level of official delegations on full-scale settlement of the Georgian-Ossetian conflict.
(Information of the heads of the Georgian and South Ossetian delegations).
c) Other issues that may be coordinated and introduced along the way.
d) On the venue, date and agenda of the next session of the JCC.
N. Medvedev, 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 #5 of the JCC Session dated July 19, 1995, Tbilisi
DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On the Process of Construction and Rehabilitation Works in the Zone of the Georgian-Ossetian Conflict
1. Take into consideration the information of E. Verkhovsky and O. Kiknadze on the process of construction and rehabilitation works in the zone of the Georgian-Ossetian conflict.
2. Recommend the co-chairmen of the joint administrative organ (A. Babenko, O. Kiknadze) to coordinate within the shortest period of time and with the participation of South Ossetia and North Ossetia, a joint plan on construction and rehabilitation works for 1995-1996.
3. The representatives of Georgian and South Ossetian parties shall discuss the possibilities of recovering the functioning of the banking system in the near future.
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 #5 of the JCC Session dated July 19, 1995, Tbilisi
DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT
1. Approve (welcome) the decision of the Mission of the OSCE on widening the scope of activities of the economic workgroup of the JCC with regard to the territories that are involved in the Georgian-Ossetian conflict.
2. Supporting the initiative of the Mission of the OPSCE in Georgia, suggest the Georgian and South Ossetian parties, together with the Mission of the OSCE, develop the possibilities and the procedure for the realization of the proposals of the Mission of the PSCE (attached) and make information about the outcomes 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)


Enclosure to Annex 2 of Protocol #5 of the JCC Session dated July 19, 1995 Tbilisi
On Widening the Scope of Activities of Economic Workgroup of the JCC with regard to the Territories that were involved in the Georgian-Ossetian Conflict
(OSCE – D. Boden)
Noting the technical and financial difficulties hampering the activities of the economic workgroup of the JCC with regard to implementing the agreement of Georgia and Russia on rehabilitation of the economy in the zone of the Georgian-Ossetian conflict concluded on February 1993,
Recognizing the obvious poor economic condition of the population in the zone of conflict caused by sharp reduction of the economic activities, in general, and, to certain extent, breaking of the previous economic contacts with the nearest regions,
Taking into consideration the fact that there is no comprehensive plan anticipating the beginning of the economic recovery of the region, including private sector and private capital,
Assuming that the absence of political resolution of the conflict should not hamper the recovery of the economic activities in the zone of conflict, but vice versa, the economic recovery could have pushed the parties to the conflict to political progress,
Expressing the confidence that under the appropriate circumstances it would be possible to persuade separate governments and international organizations to allocate part of their resources for the purpose of rendering assistance in the process of recovery,
the JCC resolves that the economic workgroup of the JCC should:
1. After studying the situation I  the zone of conflict and in the nearest regions, present to the JCC a repot on respective economic and social situation in the region, including the survey of the problem related to the development of the infrastructure (roads, rail road, power transmission lines and natural gas supply, house-building), rehabilitation of which may become the precondition of the overall economic recovery.
2. Define the cost of works on liquidation of the above-noted deficiencies and the priorities for the rehabilitation of various objects of infrastructure in the future action plan.
3. Define main problems of the agricultural production in the zone of conflict and nearest regions, such as lack of seeds, fertilizers, equipments, technical information, modern organizational structures, initial capital loans, and develop a plan for resolving the above-noted problems in 1996-97 agricultural years.
4. Consider the most perspective possibilities for rehabilitating contacts between entrepreneurial institutions of all types in the region and other enterprises with which they had business contacts in the past in the form of buyers, suppliers, sellers, joint ventures, etc., and recommend concrete measures for achieving the  goal through attracting the government and private sectors of North Ossetia, Russia, Georgia and South Ossetia.
5. Study the new spheres of the economic activities in the regions, which are perspective from the viewpoint of the economic recovery, or, were developed or non-developed at all, during the period of existence of the USSR.
6. Study, for these purposes, the possibilities of attracting funds and resources from the governments of the parties to the conflict, as well as from potential foreign donors, agencies and banks, related to the UN, such as the World Bank, the European institutions such as the EBRD in London and the European Union.; as well as sources of financing from permanent program on national aid and world capital markets.
7. Prepare the list of specific projects, by indicating the priorities and importance, including the procedure of implementing each project, and their approval by the JCC and potential donors.
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)


Annex 3 To Protocol # 5 of the JCC Session dated July 19, 1995, Tbilisi
DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT On the Actions to be taken for Activating the Return of Refugees from North Ossetia –Alania to Internal Regions of Georgia
1. Assign the workgroup (Commission) to continue and end, until September 1, 1996, the work on specification of lists of refugees and consideration of points at issue arising in the process of making decisions about return of refugees.
2. The joint workgroup (Commission), with the participation of representatives of local organs of management, shall carry out re-checking of living (housing) conditions of refugees for the purpose of starting the process of their return to their previous residence.
3. Ask the Commission of the OSCE in Georgia to participate in this work together with the workgroup (Commission), as well as members of the Commission, in order to render practical assistance to returned refugees. At the same time, attract other international organizations to be involved in resolving the problem.
4. Government of Georgia and South-Ossetia with the cooperation of Russian Federations migration office must elaborate and adopt the plan for returning of the refugees from the South Ossetia to the internal regions of Georgia.
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 #5 of the JCC Session dated July 19-20, 1995 Tskhinvali
DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT
On Implementing Decision of the JCC on the JPKF
The JCC for the Georgian-Ossetian conflict settlement resolved:
Take into consideration the information of Major General A. Gerasimov, the member of the JCC, about implementation of decisions of the JCC on military issues.
Assign the workgroup under the leadership of Major General A. Gerasimov  and with the participation of the Commander of the JCC and the representative of the Mission of the OSCE in Georgia, to develop the strategic plan for the future activities of the JCC and present this plan 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
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)


Annex 4 To Protocol #5 of the JCC Session dated July 19-20, 1995 Tskhinvali
DECISION OF THE JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT
On Implementing Decision of the JCC on the JPKF
The JCC for the Georgian-Ossetian conflict settlement resolved:
Take into consideration the information of Major General A. Gerasimov, the member of the JCC, about implementation of decisions of the JCC on military issues.
Assign the workgroup under the leadership of Major General A. Gerasimov  and with the participation of the Commander of the JCC and the representative of the Mission of the OSCE in Georgia, to develop the strategic plan for the future activities of the JCC and present this plan 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
(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)


PROTOCOL on Georgian-Abkhaz conflict settlement (draft)
Representatives of Georgian and Abkhaz sides, under the mediation of representatives of Russian Federation, held negotiations on implementation of basic provisions of "Statement on measures aimed at political settlement of the Georgian-Abkhaz conflict, dated 4 April, 1994" and
Desiring to put an end to the dividing conflict and restore state-legal relations, to reestablish peaceful coexistence, mutual respect that dates back for centuries,
Convinced that it is high time to put an end to the heave legacy of the past and to embark upon the road leading to peace and prosperity, believing that it is high time to treat one another with dignity and mutual tolerance and start building our common future in the spirit of compromise and reconciliation.
Taking care of establishment of civil peace, inter-ethnic concord and security of nations, realizing fundamental human rights and freedoms of citizens, irrespective of their nationality, religion, place of residence and other differences,
Believing that only through pooling together our efforts it will be possible to solve difficult economic problems and embark on the road leading to prosperity,
Committing themselves not to allow resumption of violence, which had brought immense sufferings and human casualties,
have agreed upon the following:
1. The Parties take commitments not to resort to arms and under no circumstances allow resumption of hostilities and bloodshed. Any differences shall be resolved exclusively by peaceful means of negotiations and consultations with the support and under the mediation of the Russian Federation, under the aegis of the United Nations, with participation of the OSCE and the Commonwealth of Independent States.
2. The Parties declare about their consent to live in an unitary federative state within the borders of the former Georgian SSR. Relations between the Parties shall be regulated by a constitutional law.
3. Foreign policy and foreign economic links, determination and implementation of defense policy, protection of state border, federal budget, energy sector, transport, custom service, protection of human rights and civil freedoms, ethnic minorities rights; ecology and liquidation of consequences of natural disasters; prevention of epidemics and liquidation of their consequences; meteorology service; standards,  etalons, metric system and time standards shall be under the competence of federal authorities.
Competence of federal authorities can be expanded upon agreement between the Parties.
4. Within the framework of agreed upon competence, an federative body (parliament) shall be created, decision of which shall be legally binding on the whole territory of the federative state. The Abkhaz side shall have in advance agreed upon number of seats in the federative legislative body.
Decisions of the federative legislative body on issues directly relating to Abkhazia shall be of legal force if there are adopted by simple or qualified majority of deputies from Abkhazia, depending on whether these decisions are adopted by simple or qualified majority of the federative legislative body.
Procedure of making decisions on moot questions whether this or that issue is directly related to Abkhazia, shall be a subject of future negotiations.
5. The federal state shall be presented as a unified entity in international relations, including membership in international organizations. International treaties, concluded by the unitary federative state within its competence, shall be mandatory for Abkhazia.
Within the framework of its exclusive competence, Abkhazia shall be entitled to conclude international agreements, about which it shall inform relevant federative bodies.
6. The process of organized return of refugees and internally displaced persons shall be resumed in accordance with the quart partite agreement of April 4, 1994.
For organization of works aimed at return of refugees, a special working group composed of representatives of the Parties and the Russian Federation and the  UNHCR , shall be set up.
The working group shall start its activities beginning from …August 1995 and within two weeks aftermath, and in accordance with a action plan adopted by the working group, the process of organized return of refugees to places of their permanent residence, first of all to the Gali region, shall start.
The Abkhaz side, alongside the working group and the UNHCR shall register those refugees who have already returned in a chaotic manner.
The Abkhaz sides reiterates its responsibility to guarantee security of returning refugees and internally displaced persons.
Tangible measures aimed at guaranteeing equal rights for all people residing in Abkhazia irrespective of their nationality, religion and other affiliations.
The Georgia side shall take effective measures aimed at prevention of infiltration into Abkhazia any armed formations  and individuals posed to carry out terrorist and subversive acts in the Gali region.
The Parties reconfirm, that the operation aimed at maintaining peace and carried out by the CIS collective peace-keeping forces in  the conflict zone, must contribute to the speedy and safely return of refugees and internally displaced persons to the regions of their previous residence.
On behalf of the Georgian Side …                          
On behalf of the Abkhaz Side…
In the presence of
the Russian Federation …   
the United Nations
the Organization for Security and Cooperation in Europe
 " …"     1995
1995.07.24
(Personal Archive of Academician Levan Aleksidze/in Russian)


CONSTITUTION OF GEORGIA
(...)
Article 1
1. Georgia is an independent, unified and indivisible law-based state, ratified by the referendum carried out on March 31, 1991 throughout the territory of the country, including the Autonomous Soviet Socialist Republic of Abkhazia and the former auton omous district of South Ossetia and further adduced by the act of April 9th, 1991 restoring the independence of the Georgian state.
Article 2
1. The territory of the Georgian state is determined by the circumstances of the country on December 21st, 1991. The territorial integrity of Georgia and the inviolability of state borders is confirmed and recognised by the Constitution and the laws of Georgia and also by the international community and international organisations.
2. The alienation of the territory of Georgia is forbidden. Changes to the state borders are possible only through bilateral agreement with neighbouring states.
3. The internal territorial arrangement of Georgia is determined by the Constitution on the basis of the principle of division of power after the full restoration of the jurisdiction of Georgia over the whole territory of the country.
4. The citizens of Georgia regulate matters of local importance through local self-government as long as it does not encroach upon national sovereignty. The procedure for the creation of self-governing bodies and their powers and relationship with stat e bodies, is determined by organic law.
Article 3
1. The Georgian supreme national bodies have exclusive power to administer:
a. legislation on Georgian citizenship, human rights and freedoms, emigration and immigration, entrance to and departure from the country, temporarily or permanently resident foreign nationals and stateless persons, within the territory of Georgia;
b. the status and administration of boundaries and their protection; the status of territorial waters, airspace, the continental shelf and special economic zones and their defence;
c. national defence and security; military forces, military/ industrial production and the arms trade;
d. the issues of war and cessation of hostilities; the determination of the existence of and the introduction of a state of emergency or martial law;
e. foreign policy and international relations;
f. custom and tariff regimes and foreign trade;
g. state finances and state loans; the minting of money; legislation on banking, credit , insurance and taxes;
h. standards and measurements; geodesy and cartography; time and state statistics;
i. a unified system of energy; communications; the merchant fleet; flags of ships; harbours of state importance; airports and airfields; the control of airspace; transit and air transport; registration of air transport; meteorological services and a system of environmental protection;
j. railways and roads of importance to the whole state;
k. fishing in oceans and the high sea;
l. boundary-sanitary cordon;
m. legislation on pharmaceutical medicines;
n. certification and accreditation of secondary and high schools, legislation on academic, scientific and professional titles and honours;
o. legislation on intellectual property;
p. legislation on trade, criminal law, civil law, administrative and labour law; legislation on a criminal procedure and other legal proceedings;
r. police and criminal investigation;
s. legislation on land, minerals and natural resources.
2. Matters relating to joint federal administration will be determined separately.
Article 4
1. When conditions are appropriate and self-government bodies have been established throughout the territory of Georgia, Parliament shall be formed with two chambers: the Council of the Republic and the Senate.
2. The Council of Georgia consists of members elected by proportional representation.
3. The Senate consists of members elected from Abkhazia, Adjaria and other territorial units of Georgia as well as five members appointed by the President.
4. The composition, powers and procedures for election to the chambers are determined by organic law.
Article 8
The state language of Georgia is Georgian; in Abkhazia, Abkhazian is also the state language.
(...)
Citizenship of Georgia. Fundamental Human Rights and Freedoms.
Article 12
1. Citizenship is conferred by birth or by naturalisation.
2. A citizen of Georgia may not simultaneously be a citizen of another country.
(…)
The Parliament of Georgia
Article 55
1. The Parliament of Georgia for the term of its authority, in accordance to the rules determined by its procedure, elects the Chairman and the Deputy Chairmen of the Parliament, by secret ballot among them one from Abkhazian and one from Adjarian Members of Parliament by their nomination.
Article 65
1. The Parliament of Georgia ratifies treaties and international agreements, rejects or abrogates them by the majority of the total number of Parliament.
2. Treaties and international agreements which require ratification by their terms, must be ratified as well as any treaty and international agreements which:
a. envisages entrance into an international organisation or into inter-state unity;
b. is of a military character;
c. concerns the territorial integrity of the state or the changing of the state’s borders;
Article 67
1. The right to initiate legislation is vested in the President, a Member of Parliament, a Parliamentary Faction, a committee of Parliament, the supreme representative bodies of Abkhazia and Adjaria or not less than 30 000 electors.
(...)
The President of Georgia.
Article 69
1. The President of Georgia is the Head of State and exercises executive power.
(…)
Article 73
1. The President of Georgia:
g. in the case of war, massive disorder, violation of territorial integrity of the country, military coup, armed insurrection, ecological disaster or epidemic or in other cases when bodies of the state are deprived of their authority - declares a state of emergency throughout the whole territory of the state or its parts and submits it to Parliament within forty eight hours for approval. In the case of a state of emergency, the President is authorized to issue decrees with the power of law and take special measures. The decrees are submitted to the Parliament when it gathers. Emergency authorities extend only on the territory where the emergency is declared for the reasons mentioned in this item;
h. halts or dismisses the activity of representative bodies of local self-government, or territorial units if their activity endangers the sovereignty and territorial integrity of the country or the exercise of Constitutional authority of state authorities within the country;
(...)
The Judiciary
Article 83
1. The legal body for Constitutional supervision is the Constitutional Court of Georgia. Its authority, rights of creation and activity are determined by the Constitution and organic law.
(…)
Article 89
1. The Constitutional Court of Georgia upon the Complaints or Submission of the President, of not less than one fifth of the Members of Parliament, of the courts, of supreme representative bodies of Abkhazia and Adjaria, of the public defenders or of a citizen and under the rules established by organic law:
a. decides the Constitutionality of the law, the President’s normative acts and the normative acts of the supreme bodies of authority of Abkhazia and Adjaria;
(…)
24 August 1995
(www.parliament.ge)


DECREE ISSUED BY THE GOVERNMENT OF THE RUSSIAN FEDERATION on partial changes to the Decree issued by the Government of the Russian Federation of 19 December 1994 #1394 “on temporary measures of restriction of border crossing of the Russian Federation with the Republic of Azerbaijan and the Republic of Georgia”
The government of the Russian Federation decrees:
1. In the course of partial changes to the Decree issued by the Government of the Russian Federation of 19 December 1994 #1394 “on temporary measures of restriction of border crossing of the Russian Federation with the Republic of Azerbaijan and the Republic of Georgia” … to allow the ministry of Transport of the Ru­­­ssian Federation to open maritime cargoes transportation between the Seaport of Tuapse of the Russian Federation and the Seaport of Batumi of the Republic of Georgia.
2. The Federal Border Service of the Russian Federation, the State Customs Committee of the Russian Federation, the Ministry of Transport of the Russian Federation with interaction with the Ministry of Interior of the Russian Federation shall secure the relevant border, customs and other types of control at the Seaport Tuapse.
Chairman of the Government of the Russian Federation V. Chernomirdin
26 August 1995
(Collection of the legislation of the RF, 1995, # 36, p. 6650-6651)  


LAW OF THE REPUBLIC OF GEORGIA on the election of the Parliament of Georgia
(…)
Transitional Provisions
Article 2.
a) Citizens elected from Abkhazia as a result of the 1992 elections, who are members of the Parliament of Georgia by the time of the enforcement of this Law, shall have their mandate as members of the Parliament extended. As soon as elections for Parliament are held in the single mandate districts of Abkhazia and the authority of those members are acknowledged, the mandate of a Member of Parliament who had extended authority shall be terminated;
b) If a Member of Parliament, as prescribed by Subparagraph a) of this Article, is registered as a candidate for a Member of Parliament, his or her mandate shall not be extended.
Chairman of the Parliament of Georgia - Head of State Ed. Shevardnadze
Speaker of the parliament of Georgia V. Goguadze
1 September, 1995
(Newspaper “Sakartvelos Respublika”, # 117, 7 September 1995)


PROTOCOL OF THE METING OF REPRESENTATIVES OF GEORGIA, SOUTH OSSETIA, THE RUSSIAN FEDERATION AND NORTH OSSETIA WITH PARTICIPATION OF THE OSCE on Comprehensive Settlement of the Georgian-Ossetian Conflict
On 30 October 1995, in Vladikavkaz, meeting between representatives of Georgia, South Ossetia, Russian Federation and North Ossetia took place (see attached list of participants). During the meeting, an issue of organizing regular negotiation process aimed at comprehensive settlement of the Georgian-Ossetian conflict.
The parties agreed to start a negotiation process immediately. To this end, the expert groups of the parties were assigned a task to elaborate and put forward their proposals on the following issues:
- Measures and guarantees of security;
- Restoration and strengthening of mutual trust between the parties to the conflict;
- Economic recovery and reestablishment of normal business links;
- Status of South Ossetia;
Wording of the South Ossetian side on this issue: state-legal aspects of settlement of the South Ossetian conflict;
- On other issues relating to comprehensive settlement of the conflict between the Parties.
The Parties deem it possible for members of their parliaments to take part in the negotiation process aimed at comprehensive settlement of the conflict.
To discuss results of work of the expert groups during the next meeting to be held between the Parties.
On behalf of the Georgian Delegation I. Menagarishvili
On behalf of the Russian Delegation N. Medvedev
On behalf of the South Ossetian Delegatio V. Gabaraev.
On behalf of the North Ossetian Delegation G. Jikaev
On behalf of the OSCE D. Boden
(Archives of the Ministry of Foreign Affairs of Georgia)


DECREE  ISSUED BY THE PARLIAMENT OF GEORGIA on Acknowledgment of Mandates of Members of the Parliament
Having considered report submitted by the ad hoc Mandate Commission of the Parliament of Georgia, the Parliament of Georgia decrees:
1. To acknowledge mandate of 211 Members of Parliament elected on 5 and 19 November 1995.
2. To endorse mandate of 12 Members of Parliament elected in Abkhazia in the elections to the Parliament of Georgia in 1992.
(…)
Chairman of the Central Electoral Commission of Georgia I. Kighuradze
25 November 1995
(Newspaper “Sakartvelos Respublika”, #  177, 30 November 1995)

THE REGIONALISM RESEARCH CENTRE


REGIONAL CONFLICTS IN GEORGIA – THE AUTONOMOUS OBLAST OF SOUTH OSSETIA, THE AUTONOMOUS SSR OF ABKHAZIA (1989-2006).
THE COLLECTION OF POLITICAL-LEGAL ACTS


Author
Tamaz Diasamidze

Translator and Editor
Nana Chkoidze-Japaridze


The collection was prepared and published by the financial
support  of  “Open Society - Georgia Foundation”and of the Delegation of European Commission to Georgia and Armenia


Tbilisi
2006


The author of this collection is immensely grateful to the Ministry of Foreign Affairs of Georgia, the Staff of the Ministry of Special Affairs, the National Library of Georgia, the Archive of the Parliament of Georgia, the Central State Archive of the Recent History of Georgia, the OSCE Mission to Georgia, the Office of Special Representative of the UN Secretary-General to Georgia, the Supreme Council of the Abkhaz Autonomous Republic (in exile), the State Library of the Russian Federation, and the Scientific Library of the Republic of North Ossetia for rendering support in the course of preparation of this collection.
The Regionalism Research Centre owes a special thanks to the “Open Society - Georgia Foundation” for making possible to prepare and publish this Collection.


© The Collection has been prepared and published by the Regionalism Research Centre


The Regionalism Research Centre will be very grateful to any comments
or proposals  regarding the Collection.


© All rights reserved


Computer work provider     Ruslan Surmanidze

Jacket designer    Malkhaz Varshanidze


Publishing House “GCI”
Printed in Georgia


Website: http://www.rrc.ge
E-mail: tamdias(at)hotmail.com or tamdias(at)parliament.ge


ISBN 99928-21-03-5


This is the second, completed edition of collection issued by us in May 2003 under the same title. The second edition has been enriched by 210 new documents and its chronological area has been expended to 2006.
The collection is composed of 586 most important political-legal acts arranged in chronological order reflecting the process of conflicts in the Autonomous Oblast of South Ossetia and the Autonomous Republic of Abkhazia in 1989-2006 and activities directed at finding solutions to these conflicts. These documents are:
1. Acts issued by the Authorities of autonomous regions, aimed at regionalisation, political decentralization, cessation from the State with a view of further strengthening the sovereignty of these regions;
2. Acts issued by the Georgian Authorities and Governmental organs, aimed at strengthening the State sovereignty and territorial integrity of Georgia;
3. Decisions and resolutions made by States (the USSR, RSFSR, RF, Subjects of Rf, USA) and international and regional organizations (the UN, OSCE, Council of Europe, European Union, CIS);
4. Bilateral and multilateral agreements related to settlement of the conflicts;
5. Other important documents related to the aforementioned problems.
Many documents presented in the collection have been subjected to minor abbreviations-emphasis has been put on those articles, chapters and paragraphs that most clearly and potently reflect the major goal of the collection and the essence of the documents themselves.     
The principle goal of the collection is to make available for the international community the political-legal information (knowledge) relating to and reflecting regional conflicts existing in Georgia; to provide unbiased and comprehensive coverage of the developments of conflicts unfolded in these two regions of Georgia and conflict settlement process, result of those steps to that direction, undertaken by the Sides to the conflicts and regional and international organizations.
This edition, which does not claim do be perfect, is expected to promote and contribute to the process of creation of appropriate and correct public opinion about the conflicts and help the process of making just and effective decisions aimed at the conflicts’ settlement.
                                Tamaz Diasamidze


1989
DECREE # 343 ISSUED BY THE COUNCIL OF MINISTERS OF THE GEORGIAN SSR
1. Due to the extraordinary situation established at Abkhaz State University, to comply with the request of Georgian professors, lecturers and students regarding establishment of Sukhumi branch of Tbilisi State University.
2. To entrust the Council of Ministers of the Abkhaz ASSR (Autonomous Soviet Socialist Republic - edit.) with a task of providing the premises to the branch.
3. To ask the Rector of Tbilisi State University Comr. (Comrade - the Soviet Stile to address a person - edit) N.S. Amaglobeli for arrangement the branch and renewal of the educational process at all faculties from 15 May of this year.
4. To entrust the Ministry of Education of the Georgian SSR with the task of exercising efficient control on the implementation of all raised issues.
Deputy Chairman of the Council of Ministers of the Georgian SSR O. Kvilitaya
Tbilisi, 14 May 1989
(Abkhaz Issue in Official Documents, Legislative and Executive organs of Georgia, International Organiza-tions, 1989-1999, part I, 1989-1995, authors: Vakhtang Kholbaia, Teimuraz Chakhrakia, Rafiel Gelantia, David Latsuzbaia, Tb., 2000, p. 51/in Georgia)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE ABKHAZ ASSR  on substantive exacerbation of the inter ethnic relations in the Abkhaz ASSR on account of unlawful attempt to establish Sukhumi branch of Tbilisi State University
The Presidium of the Supreme Council of the Abkhaz ASSR notes that continuation of existence temporarily established Sukhumi branch of Tbilisi State University (TSU) evoked firm protest of a wide public and substantively exacerbated inter-ethnic relations in the autonomous republic.
Abkhaz Obcom (Oblast /District/ Committee -edit) of the Communist Party of Georgia, the Presidium and the Council of Ministers of the Abkhaz ASSR, assessing the established situation as extremely complicated, fraught with unpredictable consequences, have appealed to the leadership of Party and Soviet organs of the Union Republic (The Soviet Socialist Republic in the USSR -edit.) and the Country (the USSR - edit) with request to suspend the operation of the TSU branch established through separation of Georgian sector from A. Gorkiy Abkhaz State University (AGU) that will adversely affect to the educational process of the students and centuries-old Georgian and Abkhaz friendship, as well as representatives of other nationalities, those who live and work in peace on the Abkhaz soil.
Meanwhile the Party and Soviet organs of the autonomous republic have taken several steps to unite the separated Georgian sector with the AGU.
Thus, on 26 June of this year the Abkhaz Obcom of the Communist party of Georgia, Presidium of the Supreme Council and Council of Ministers of the Abkhaz ASSR discussed the issue on worsening of public and political situation in the Abkhaz ASSR on account of the condition established at Abkhaz State University.  It was noted that against the background of complicated public and political situation in the autonomous republic, the separation of Georgian sector from AGU and establishment of Sukhumi branch of Tbilisi State University became the most pressing problem.  That was a forcible measure taken last May due to extraordinary situation established at AGU and in the autonomous Republic.  The Decree stresses: division of Abkhaz State University is inadmissible in respect to education of students and youth in the spirit of internationalism.  Here also is mentioned that the measures undertaken by Party and Soviet organs of Abkhazia had failed to stabilize the situation.  The adopted Decree raised the issue before the Central Committee of the Communist Party of the Georgian SSR, Presidium of the Supreme Council and Council of Ministers of the Georgian SSR to assist in immediate regulation of the situation in order to unite the State University.
However, these attempts turned into futile effort as they were discouraged by the erroneous Decree #343p of 14 May 1989 issued by the First Deputy Chairman of the Council of Ministers of the Georgian SSR on establishment of Sukhumi branch of Tbilisi State University and also by the Order #101 of 14 May 1989 of the Rector of TSU.
In the meantime the society has learnt from press and official correspondence that in May of this year the Committee on State Education of the USSR has got a proposal from the Ministry of Education of the Georgian SSR concerning establishment of Sukhumi branch of Tbilisi State University on the basis of Georgian sector at AGU.  The branch was aimed at educating of Georgian students.  However the Committee on State Education of the USSR found inexpedient to support the proposal of the Ministry of Education of the Georgian SSR on establishment of Sukhumi branch of Tbilisi State University.  Moreover, pursuant to the Resolution, #816 of the Council of Ministers of the USSR of 2 September 1982 – the issue on establishment of branches of the high-education institutions is exclusively within the competence of the Council of Ministers of the USSR.
The similar assessment has been done to the establishment of branch of Tbilisi State University by the Commission of the Supreme Council of the USSR, comprising of four People’s Deputies of the USSR, which studied the issue in Abkhazia from 3 to 10 of July of 1989.  The First Deputy Chairman of the Committee on State Education also was included in the Commission. Having examined carefully the situation at AGU the commission released the following conclusion: “The Decree issued by the First Deputy Chairman of the Council of Ministers of the Georgian SSR on establishment of Sukhumi branch of Tbilisi State University can be considered as an interim measure to handle educational process.  Today this measure has become outdated and practically hinders the educational process, discourages the strengthening of inter-ethnic relations and moreover, pursuant to the regulation - the final decision on such issues is within the authority of the Council of Ministers of the USSR.  The Commission officially informed the leadership of the Georgian SSR about its position ”.  The Supreme Council of the Abkhaz ASSR considers that lack of consultation with the leading organs of the Abkhaz ASSR and transparency (“glasnost”), overt negative political, social and economic aspects of the decision on establishment of Sukhumi branch on the basis of Abkhaz State University –is an alien ideology to the Lenin’s policy of the Communist party of the USSR.  Such policy leads into secluded and separated society that doesn’t correspond to the spirit of Perestroika and reforms.
The Presidium of the Supreme Council notes that the practice of neglecting the constitutional rights of the Abkhaz ASSR tolerated by certain officials of the Council of Ministers and Ministry of Public Education of the Georgian SSR and also by the rector of Tbilisi State University came to glaring contradiction with the provisions of the Resolution of the Congress of the People’s Deputies of the USSR “on Major Directions of Internal and Foreign policy of the USSR”.  Aforementioned officials not only breached the state order, but completely ignored the noted Decree of the Supreme body of the State power that reads: “Qualitative renewal of the whole educational system is a key priority to the promotion of intellectual potential of the society”.
The Presidium of the Supreme Council of the Abkhaz ASSR cannot accept such separatist acts and condemns the of the part of AGU personnel aimed at establishment of the branch of Tbilisi State University on the basis of Abkhaz State University as well as epatage conduct of citizens regardless their ethnic affiliation.  It’s inadmissible when practical, reasonable and peaceful dialog is replaced with wretched trick and conduct that deteriorates common norms and rules and destabilizes operation of enterprises, institutions and organizations.
In this strained situation fraught with serious inter-ethnic conflict, the Presidium of the Supreme Council finds inadmissible the establishment of the branch of Tbilisi State University in Sukhumi and considers that the Decree issued by the First Deputy Chairman of the Council of Ministers of the Georgian SSR shall be abolished.
The Presidium of the Supreme Council of the Abkhaz ASSR decrees:
1. To ask the Council of Ministers of the USSR to entrust the Council of Ministers of the Georgian SSR with the following tasks:
- to annul unlawful decree issued by the First Deputy Chairman of the Council of Ministers of the Georgian SSR O. Kvilitaia # 343p of 14 May 1989 on establishment of Sukhumi branch of Tbilisi State University;
- to recall unlawful proposal of the Ministry of Public Education of the Georgian SSR sent in May last year to the Committee of the State Education of the USSR on establishment of Sukhumi branch of Tbilisi State University on the basis of Georgian sector of Abkhaz State University;
- to annul Order #101 of 7 July 1989 issued by the Rector of Tbilisi State University, academician N. Amaglobeli on arrangement in Tbilisi of entrance examinations for Sukhumi branch of Tbilisi State University on 20 July;
II. City and district councils of the People’s deputies, labour collectives, press and media and administrative agencies shall carry out decisive measures to stabilize the situation and prevent the breach of work and public order, as well as confrontation between different nationalities; They shall base the informational activity on the Resolution of the Congress of People’s Deputies of the USSR “on Major Direction of the Internal and Foreign Policy of the USSR” and the speech delivered by the Secretary General of the Central Committee of the Communist Party of the USSR, Chairman of the Supreme Council of the USSR M.S. Gorbachev on Central TV that was published in press on 1 July of this year.
III.  This Decree shall be sent to the Central Committee of the Communist party of the Georgian SSR, the Presidium of the Supreme Council and the Council of Ministers of the Georgian SSR; the Decree shall be published in press.
Chairman of the Presidium of the Supreme Council of the Abkhaz SSR V. Kobakhia
Secretary of the Presidium of the Supreme Council of the Abkhaz SSR Y. Kvitsinia
15 July 1989
(Chumalov M.Y. Abkhazskiy Uzel, II issue, M., 1995, p. 190-193)   


DECREE ISSUED BY THE SUPREME COUNCIL OF THE USSR on events in the Abkhaz ASSR
Deeply concerned at the situation established in Abkhazia, the Supreme Council of the USSR decrees:
To entrust the Council of Ministers of the Georgian SSR, Council of Ministers of the Abkhaz ASSR, the Ministry of Interior of the USSR with the task of taking immediate and decisive measures in order to restore the public order and secure socialist lawfulness and firm protection of the population.
The Supreme council of the USSR offers to the People’s Deputies of the USSR from the Georgian SSR and Abkhaz ASSR to call on their constituencies to the restoration of public order by peaceful means respecting the principles of internationalism and friendship of the Soviet Peoples.
The Supreme Council of the USSR recognizes as necessary the immediate restoration of traffic along the Transcaucasus railway in order to remove critical conditions hampering supply of the population, sustainable operation of enterprises and institutions and delivery of tourists to the holiday centers.
The Supreme Council of the USSR appeals to all citizens residing on the territory of the Abkhaz ASSR – Abkhazs, Georgians, and other nationalities to facilitate the process of stabilization, establish peace and trust and make possible to live and work peacefully.
Chairman of the Supreme Council of the USSR M. Gorbachev.
17 July 1989
(Bulletin of the Peoples’ Deputies Congress of the USSR and the Supreme Council of the USSR, M., 1989, # 7, p. 257)


DECREE  ISSUED BY THE CENTRAL COMMITTEE OF THE COMMUNIST PARTY OF GEORGIA, THE PRESIDIUM OF THE SUPREME COUNCIL OF THE GEORGIAN SSR AND THE COUNCIL OF MINISTERS OF THE GEORGIAN SSR on the State Programme of the Georgian Language
The Central Committee of the Communist Party of Georgia, the Presidium of the Supreme Council of the Georgian SSR, and the Council of Ministers of the Georgian SSR decree:
1. To endorse the elaborated and supported by the wider society the State Programme of the Georgian Language.
2. To entrust all the Party, Soviet, economic, administrative and societal organizations of the Republic with a task of ensuring full and timely implementation of all measures envisaged by the State Programme of the Georgian Language.
3. Within two months, all organizations to be engaged in the implementation of the aforementioned Programme shall elaborate and submit concrete proposals to the Council of Ministers of Georgia, as well as timetable of implementation of those proposals.
4. To entrust the Secretariat of the Central Committee of the Communist Party of Georgia, the Presidium of the Supreme Council of the Georgian SSR and the Council of Ministers of the Georgian SSR with a task of exercising control over the implementation of this decree.
Secretary of the Central Committee of the Communist Party of Georgia G. Gumbaridze
Chairman of the Presidium of the Supreme Council of the Georgian SSR O. Cherkezia
Chairman of the Council of Ministers of the Georgian SSR  N. Chitanava
15 August 1989.
(Newspaper “Comunisti”, # 196, 25 August 1989)


The State Programme of the Georgian Language
Constitutional Status of the Georgian Language
1. To guarantee the Constitutional status of the Georgian language, as of the State language, in all Party, Soviet, administrative, scientific-educational, cultural, economic enterprises, and societal organizations of the Georgian SSR.
2. To set up a commission that shall be entrusted with a task of exercising control over proper application and functioning of the Georgian language, as of the State language, and shall be attached to the Supreme Council of the Georgian SSR.
3. To set up a permanent State Commission on Georgian Literary Language that shall be entrusted with a task of exercising control over proper functioning of the Georgian literary language and protect its purity and shall be attached to the Council of Ministers of the Georgian SSR. The Commission shall work out effective measures aimed at introducing of norms of the Georgian literary language.
4. To set up a supervisory and consultative commissions on proper application and protection of purity of the Georgian language in all cities, towns and regional centers. The Commission shall be attached to local executive committees of the Peoples’ Deputies.
5. To secure and organize the creation and publication of all types of scientific and educational literature (including dissertation papers) in Georgian language.
6. To create favorable conditions in all enterprises and establishments (financial and educational-methodological provision) for learning Georgian language by those citizens residing in Georgia that have no command of Georgian. Georgian.
( …)
III. Teaching of the Georgian Language and Literature in Pre-School Establishments, Secondary Schools and Institutions of High Education.
1. To work out special programme of oral Georgian for all age groups of pre-school establishments and publish adequate literature and demonstrative materials in Georgian language.
2. To create revised Georgian language educational programme, curriculum and textbooks for those Pedagogical institutions and special colleges providing training for future teachers of pre-school establishments.
5. To work out a unified plan of step-by-step teaching of the Georgian language in the 1-11th grades of the secondary schools (writing skills and speaking, phonetics, basics of the Georgian grammar, basics of stylistics and vocabulary of Georgian language, and main principles of linguistic theory).
7. To set up special studies of Georgian language and literature in all secondary schools, vocational and secondary-special educational establishments of the Republic and supply these studies with the most recent scientific and pedagogical literature and textbooks.
8. To set up faculties of Georgian language and literature in all high education establishments of Georgia and introduce survey course of the spoken Georgian language and history of the literary Georgian language for all students.
9. To introduce mandatory written and oral exams in Georgian language for those high-school entrants seeking studentship in humanitarian faculties of high education institutions of the Republic. To introduce mandatory written exam in Georgian language and literature for those high-school entrants seeking studentship in the Art Academy, theatrical institutions and conservatoire, as well as for those who seek studentship of scientific and technical faculties.
13. To work out concrete proposals on introduction of mandatory classes of Georgian language in non-Georgian schools of the Republic.
14. To introduce the courses of practical stylistics and history of literature of the Georgian language into the non-Georgian sectors of philology faculties of the high education establishments of the Georgian SSR.
23. To set up special training courses of Georgian language for those who are interested in learning the Georgian language. Those courses shall be attached to different cultural-educational establishments (clubs, libraries) and shall be provided with teachers of high qualification.
IV. Radio, Television and Cinematography
4. In order to secure replication in Georgian language of non-Georgian language programmes (analytical programmes, talk shows, feature movies) it is vital to further strengthen material-technical base of the Georgian TV and Radio.
5. To create educational films in Georgian language for the high education establishments and secondary schools of the Republic and secure replication in Georgian language of the Russian-language films.
6. To further strengthen material-technical base of the cinema studio “Georgian Film” in order to secure creation of Georgian subtitles to Russian and foreign language films.
VIII. Printing materials
4. To print and publish dictionaries and phrase books (Russian-Georgian and Georgian-Russian, Abkhaz-Georgian and Georgian-Abkhaz, Ossetian-Georgian and Georgian-Ossetian, … Armenian-Georgian and Georgian-Armenian, Azerbaijani-Georgian and Georgian-Azerbaijani).
20. To print for those willing to learn Georgian manuals for self-tuition.
X. Daily life and Information sphere
1. To secure wide and maximum application of the Georgian language in a daily life and mass media.
2. To issue in Georgian language for wide-spread application all forms, slips, work sheets, receipts, subscription forms, stubs, tickets, advertisement boards, labels, price-tags, placards, posters, mottoes, envelops, dispatch forms, invitation and congratulation post-cards, calendars, identification card; note-books, booklets; advertisement and memorable leaflets; invitation cards.
3. To guarantee that all products produced in Georgia have Georgian- language application instructions.
4. To exercise control on labeling all products produced in Georgia.
(…)
15 August 1989.
(Newspaper “Comunisti”, # 196, 25 August 1989)


DECREE ISSUED BY THE SOUTH OSSETIAN OBLAST COMMITTEE OF THE COMMUNIST PARTY OF GEORGIA AND ISPOLCOM OF THE SOUTH OSSETIAN OBLAST COUNCIL OF THE PEOPLE’S DEPUTIES OF 4 SEPTEMBER 1989 on State Programme for Development of the Ossetian Language
The South Ossetian Obcom of the Communist Party of Georgia and the Ispolcom of the People’s Deputies of the Oblast decree:
1. To endorse the elaborated and supported by the wider society of the Oblast the state programme for development of the Ossetian language.
2. To entrust all the Party, Soviet, economic, administrative and societal organizations of the Oblast with a task of ensuring full and timely implementation of all measures set out in the programme of development of the Ossetian language.
3. Within two months, all organizations to be engaged in the implementation of the aforementioned Programme shall elaborate and submit concrete proposals to the Ispolcom of the Oblast Council of the People’s Deputies, as well as timetable of implementation of those proposals.
4. To raise the issue before the Central Committee of the Communist Party of Georgia, Presidium of the Supreme Council and the Council of Ministers of the Georgian SSR on consideration the relevant changes in the paragraph 1 of the State Programme of Development of the Georgian language pursuant to the law of the Georgian SSR “on the South Ossetian Autonomous Oblast” and the programme of development of the Ossetian language, and also on non-proliferation the Paragraphs 9 and 14 over the university entrants from the South Ossetian Autonomous Oblast.
5. To introduce for discussion the state programme on development of the Ossetian language to the Session of the Oblast Council of the people’s Deputies.
6. The secretariat of the Obcom and Ispolcom of the Oblast Council of People’s Deputies shall exercise the control on the implementation of this Decree.
Secretary of the South Ossetian Obcom of the communist party of Georgia A. Chekhoev
Chairman of the Ispolcom of the Oblast Council of the People’s Deputies A. Kachmazov
4 September 1989
(Newspaper “Sovetskaia Ossetia”, # 170, 5 September 1989)


State programme for development of the Ossetian language
I. Constitutional status of the Ossetian language
1. In the South Ossetian Autonomous Oblast state languages are Ossetian, Georgian and Russian, as the language for international relations.  To activate the functioning of the Ossetian language within the Party, Soviet, administrative, scientific, educational and economic organizations, enterprises and institutions of the Oblast.
2. To set up standing committee on the Ossetian Language attached to the Oblispolcom…
3. To assist in arrangement of the education in native language for the Ossetian population residing outside of the Oblast.  Where such practice is not possible, the teaching of Ossetian language and literature shall be considered as a separate school-subject.  In order to implement the aforementioned measures, the staff of experts on the Ossetian language and literature shall be considered at the divisions of the public education of concerned districts and cities of the Georgian SSR.
6. To set up committees on consultations and exercising the control on the functioning of the state programme for the development of the Ossetian language attached to the city and district Ispolcoms of the Councils of People’s Deputies.
III. Teaching of the Ossetian language to the Ossetian children at pre-school establishments.
1. To shift the educational process at pre-school establishments in Ossetian language for the children of Ossetian nationality.
7. To conduct step-by-step transition of teaching in Ossetian language at primary schools of cities and districts for the children of Ossetian nationality.To hold the public referendum on this issue.
10. To introduce the optional teaching of Ossetian language at Georgian schools and Georgian language at Ossetian schools from the fifth grade.
11. To introduce the teaching of the Ossetian language at all faculties of the pedagogical Institute of the South Ossetian Autonomous Oblast (PISO), high schools and vocational establishments of the Oblast.
12. To introduce the entrants’ interview in Ossetian language at the Pedagogical Institute of the South Ossetian Autonomous Oblast for all Ossetian-speaking entrants.
13. To consider the certain preferential terms for the entrants the PISO, residing in the villages outside of the Oblast.
18. To negotiate the issue with the leadership of the North Ossetian Autonomous Republic on reservation at the high schools of the autonomous Republic the certain number of seats for the Ossetian entrants from the South Ossetian Autonomous Oblast and from other regions of the Georgian SSR too.
IV. Radio and television.
1. To control the process of preparation and organization of broadcasting in the South Ossetia.
a) To speed up the process of construction of the TV center in the Oblast;
(…)
3. To raise the issue before the Committee on Radio and TV Broadcast of the Georgian SSR on the following:
a) increase of time of broadcasting in the Ossetian language in the Oblast;
(…)
4. To find the technical capacity to receive the radio and TV transmission from the South Ossetian autonomous Republic
(…)
4 September 1989
(Newspaper “Sovetskaia Ossetia”, # 170, 5 September 1989)


DECESION OF THE 11TH SESSION OF THE SOUTH OSSETIAN OBLAST COUNCIL OF THE PEOPLE’S DEPUTIES OF THE 20TH CONVOCATION on the information of the first Deputy Chairman of the South Ossetian Oblispolcom Comr. Sanakoev M.G., the chairman of the working group on summarizing the amendments, changes, proposals and remarks to be included in the laws of the Georgian SSR, the Constitution of the Georgian SSR and the law of the Georgian SSR on election of the people’s deputies of the Georgian SSR and the People’s Deputies of the local councils of the Georgian SSR.
1. To endorse the information of Comr. Sanakoev M.G. on this issue.
To raise the issue before the Supreme Council of the Georgian SSR on entering on the draft Constitution the amendments and changes proposed in the information.
2. To add the following sentence to Article 75 of the constitution of the Georgian SSR: “In the South Ossetian Autonomous Oblast the State language is Ossetian”.
26 September 1989
(Newspaper “Sovetskaia Ossetia”, # 188, 28 September 1989)


DECREE ISSUED BY THE OBLAST COMMITTEE OF ABKHAZIA, PRESIDIUM OF THE SUPREME COUNCIL OF THE ABKHAZ ASSR AND THE COUNCIL OF MINISTERS OF THE ABKHAZ ASSR on the state programme for development of the Abkhaz language
The Abkhaz Oblast Committee of the Communist Party of Georgia, Presidium of the Supreme Council and the Council of Ministers of the Abkhaz ASSR decree:
1. To endorse the elaborated and supported by the wider society of the Autonomous Republic the State programme for Development of the Abkhaz language.
2. To entrust all the Party, Soviet, economic, administrative and societal organizations of the autonomous republic with a task of ensuring full and timely implementation of all measures set out in the programme of development of the Abkhaz language.
3. By the end of 1989, all organizations to be engaged in the implementation of the aforementioned Programme shall elaborate and submit concrete proposals to the Council of Ministers of the Abkhaz ASSR, as well as timetable of implementation of those proposals.
4. Abkhaz Obcom of the Communist Party of Georgia, Presidium of the Supreme Council and the Council of Ministers of the Abkhaz ASSR shall exercise control on the implementation of this decree.
Abkhaz Obcom of the Communist Party of Georgia
Presidium of the Supreme Council of the Abkhaz ASSR
Council of Ministers of the Abkhaz ASSR
10 October 1989
(Newspaper “Sovetskaya Abkhazia”, # 202, 20 October 1989)


State programme on development of the Abkhaz Language
I. Constitutional status of the Abkhaz Language
1.  To secure the overall development and functioning of the Abkhaz language as a state language in all spheres of state, economic and public life, in organizations, agencies and institutions of the autonomous republic.
3. To establishment the necessary conditions for representatives of all nationalities residing in the Abkhaz Autonomous Republic for learning the Abkhaz language.
5. To set up a Commission attached to the Supreme Council of the Abkhaz ASSR aimed at exercising control on the functioning of the Abkhaz language as a state language.
6. To establishment the Standing Commission of the Council of Ministers of the Abkhaz ASSR responsible for the realization of the state programme, for development of the Abkhaz language and exercising control on functioning and development of the Abkhaz literary language.
II. Scientific study of the Abkhaz language
(…)
14. Origination and publishing of guidebooks for the Abkhaz office-language.
(…)
III.  Teaching of the Abkhaz language
7. Editing and publishing the language textbooks for the primary schools.
15. Establishment of necessary conditions in non-Abkhaz schools of the autonomous republic for those willing to learn Abkhaz language.
18. Editing and publishing of the curriculum and textbooks on history and geography of Abkhazia and compulsory teaching of these subjects.
25. Elaboration of proposals for reorganization of Abkhaz division of the scientific-research pedagogical union subordinated to the Ministry of the Public Education of the Georgian SSR into the independent scientific-research Institute of Pedagogical Sciences subordinated to the Ministry of the Public Education of the Abkhaz ASSR.
37. Arrangement of two-year Abkhaz language training courses at the Abkhaz State University.
IV. Radio and TV broadcasting. Press
2. Increase of TV and radio channel capacities in Abkhazia in order to provide the broadcasting across the whole territory of Abkhazia.
(…)
VI.  International service and service sphere
1. Firm observance of issuing three-language letterheads, labels, banners, directories, and price tags.
2. Publishing in Abkhaz language the invitation and congratulation post-cards, posters, slogans, advertising boards and memorable booklets.
3. Exercising the control on labeling all products produced in the Abkhaz ASSR.
4. Securing the functioning of the Abkhaz language in the service and information sphere (including air-fleet, railway, motorway and maritime transport).
10 October 1989
(Newspaper “Sovetskaia Abkhazia”, # 202, 20 October 1989)


DECREE # 515 ISSUED BY THE COUNCIL OF MINISTERS OF THE GEORIGIAN SSR on Joint Appeal of A. Gorky Abkhaz State University and the Sukhumi Branch of Iv. Javakhishvili Tbilisi State University.
In order to secure proper implementation of the decree issued by the Central Committee of the Communist Party of the Georgian SSR on “A. Gorky Abkhaz State University and the Sukhumi Branch of Iv. Javakhishvili Tbilisi State University”, the Council of Ministers of the Georgian SSR, having discussed the joint appeal of A. Gorky Abkhaz State University and Sukhumi Branch of Iv. Javakhishvili Tbilisi State University, decrees:
1. To approve and render support to the Ministry of Education of the Georgian SSR, A. Gorky Abkhazia State University and Sukhumi Branch of Iv. Javakhishvili Tbilisi State University in their activities aimed at unification of these two institutions, resumption of educational process and achieving final agreement on timetable for entrance exams.
To consider that carrying out constructive dialogue with professors and teachers of the Universities, representatives of scientific circles, intelligentsia, and students and taking into due respect interests and concerns of all parties involved to be the best way in terms of solution of the existing problems.
2. To entrust the leaderships of A. Gorky Abkhaz State University and Sukhumi Branch of Iv. Javakhishvili Tbilisi State University” with a task of continuing negotiation with the Ministry of Education of the Georgian SSR on mutually acceptable time-table for unification of the aforementioned universities and submit a relevant proposal to the Council of Ministers of the Georgian SSR.
The unification of the Universities shall take place no later than start of new educational year.
After the unification of the aforementioned universities, all previous decrees on this issue shall be invalidated.
3. The Ministry of Education (Comrade Enukidze) shall continue rendering active support to A. Gorky Abkhaz State University and Sukhumi Branch of Iv. Javakhishvili Tbilisi State University to secure successful completion of the ongoing activities and entrust him with a task of undertaking all appropriate measures aimed at normalization of educational process at all high educational establishments of Abkhazia.
4. To entrust the Council of Ministers of Abkhazia ASSR (Comrade Anchabadze) with a task of securing the resumption of educational process and organization of entrance exams for 1989/90. To solve on time the existing problem and ensure active involvement of relevant ministries and agencies of the Abkhaz ASSR and the Georgian SSR.
Chairman of the Council of Ministers of the Georgian SSR  N. Chitanava
Head of Staff of the Council of Ministers of the Georgian SSR Z. Makharadze
20 October 1989
(Abkhaz Issue in Official Documents, part I, p. 52-53)


DECISION TAKEN BY THE 12th   EXTRAORDINARY SESSION OF THE SOUTH OSSETIAN OBLAST COUNCIL OF THE PEOPLE’S DEPUTIES OF THE 20th CONVOCATION on raising the status of the South Ossetian Autonomous Oblast
The 12th extraordinary session of the South Ossetian Oblast Council of the People’s Deputies decides:
1. To reorganize the South Ossetian Autonomous Oblast into the South Ossetian Autonomous Republic.
To ask the Supreme Council of the Georgian SSR and the Supreme Council of the USSR for consideration the issue on granting to the South Ossetian Autonomous Oblast the status of the Autonomous Republic.
The First Deputy Chairman of the Ispolcom
of the People’s Deputies of the South Ossetian Autonomous Oblast M. Sanakoev.
Secretary of the Ispolcom
of the People’s Deputies of the South Ossetian Autonomous Oblast I. Kokoev.
10 November 1989
(Central State Archive of the newest history of Georgia, file 1165, reg. 8, p. 64)


DECISION TAKEN BY THE 12th EXTRAORDINARY SESSION OF THE SOUTH OSSETIAN OBLAST COUNCIL OF THE PEOPLE’S DEPUTIES OF THE 20th CONVOCATION on changes to Paragraph 1 of the Decision of 11th Session of the South Ossetian Oblast Council of the People’s Deputies of the 20th convocation of 26 September 1989 “on State Programme for Development of the Ossetian language”.
The 12th extraordinary session of the South Ossetian Oblast Council of the people’s Deputies decides:
Paragraph 1.  To word the decision of the 11th session of the South Ossetian Oblast Council of the People’s Deputies of the 20th convocation as follows:
1. Ossetian language is a state language in the South Ossetian Autonomous Oblast.
Free and equal functioning of Georgian and Russian languages in the Oblast shall be exercised pursuant to the language policy of the USSR.
Issues related to the office language shall be considered under the competence of the Oblast Council of the People’s Deputies respecting the ethnic and cultural environment of the Oblast.
Official correspondence between the oblast, union republic and the USSR entities, enterprises and organizations shall be done in State language (in Russian - edit.).
The First Deputy Chairman of the Ispolcom
of the People’s Deputies of the South Ossetian Autonomous Oblast M. Sanakoev.
Secretary of the Ispolcom
of the People’s Deputies of the South Ossetian Autonomous Oblast I. Kokoev.
10 November 1989
(Central State Archive of the newest history of Georgia, file 1165, reg. 8, pg. 62)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE GEORGIAN SSR on the Decisions made at the 12th Extraordinary Session of the Council of People’s Deputies of the 20th convocation of the Autonomous Oblast of the South Ossetia.
The Session of the Council of People’s Deputies of the 20th convocation of the Autonomous Oblast of South Ossetia took place on 10 November 1989 and addressed the following issues:
About the Chair of the Oblispolkom (Oblast Executive Committee - edit.);
Declaration of the Ossetian language as the State language of the Autonomous Oblast and changing the status of the Autonomous Oblast of South Ossetia.
The Executive Committee of the Oblast Council made the decision on the convocation of the session on 10 November on 9 November under pressure and blackmail on the part of representatives of “Adamon Nikhas”. Pursuant to the protest lodged by the Prosecutor of the Oblast the Executive Committee of the Oblast Council invalidated the aforementioned decision, as an unlawful one, and declared 25 November as a day of convocation of the session.
However, due to an active pressure and influence from the “Adamon Nikhas”, the session in question was held on 10 November 1989.
The Session was held in gross violation of Article 40 of the Law on the Autonomous Oblast of the South Ossetia. According to this article, information on time, venue and agenda of a session must be conveyed to the Deputies of the Executive Council of the Autonomous Oblast and general population at least two weeks prior to the session.
The aforementioned violation of the legislature is especially unforgivable, since the session addressed the issues of paramount importance for the whole population of the Oblast.
Taking into consideration the fact that rules and norms of convocation of a session were grossly violated and that the session addressed issues far beyond the competence the Executive Council of the Oblast, the Presidium of the Supreme Council of the Georgian SSR decrees:
Based on Article 115, paragraph 10 of the Constitution of the Georgian SSR, to declare decisions made at the 12th Extraordinary Session of the Council of People’s Deputies of the 20th convocation of the Autonomous Oblast of the South Ossetia null and void, since these decisions are not in conformity with the existing legislature.
Chairman of the Presidium of the Supreme Council of the Georgian SSR O. Cherkezia
Secretary of the Presidium of the Supreme Council of the Georgian SSR V. Kvaratskhelia
16 November 1989
(Bulletin of the Supreme Council of the Georgian SSR, 1989, # 11, p. 7-8)


LAW OF THE SOVIET SOCIALIST REPUBLIC OF GEORGIA on changes and amendments to the Constitution (Basic Law) of the Georgian SSR
(…)
The Supreme Council of the Georgian SSR decrees:
To introduce the following changes and amendments to the Constitution (Basic Law):
(…)
Article 11. The land, its bowels, water and forest on the territory of the Georgian SSR is the property only of the Georgian SSR. The natural resources of the continental shelf along the Black Sea coast are the property of the Georgian SSR.
The Georgian SSR has the rights and responsibilities in the Black Sea economic zone along its coastal line considered by the norms of international law.
Along with the natural resources the means of production in industry, construction and agriculture, as well as the communication, trade, public facility’s means, the dwelling fund and other sources necessary to fulfil the tasks of the Republic are the property of the Georgian SSR.
Article 69.  The Georgian SSR reserves the right to secede freely from the USSR. This is a sacred and inviolable right.
Abolishment or restriction of the right of secession of the Georgian SSR from the USSR under the decree of the Supreme organ of the USSR or through other means is inadmissible.
From the moment of abolishment of the right of the Georgian SSR on secession from the USSR the Georgian SSR shall be considered seceded from the USSR.
The same result will follow the rejection of request submitted by the Supreme Council of the Georgian SSR on annulment or changing of the Union decree that restricts the right of the Georgian SSR on free secession from the USSR.  The Supreme Council of the Georgian SSR decides the issue weather the right of the Georgian SSR on secession from the USSR is restricted or not.
(…)
Article 77. The laws and other normative legal acts of the USSR and the Georgian SSR are in effect on the territory of the Georgian SSR.
The Supreme Council of the Georgian SSR suspends the effect of the Union laws and legal acts if they are not in compliance with the interests of the Republic.  At the same time it submits proposals to the Committee on Observance of Constitution and the organs that issued the legal acts aimed at putting them in conformity to the interests of the Republic.  If no agreement is reached these acts are no valid on the territory of the Georgian SSR.
(…)
Article 104.  The Supreme Council of the Georgian SSR is the supreme organ of the state power of the Georgian SSR.
The Supreme Council of the Georgian SSR is authorized to receive for and discuss any issues under the jurisdiction of the Georgian SSR.
The Supreme Council of the Georgian SSR:
1. Adopts the Constitution of the Georgian SSR, introduces the changes and amendments to the Constitution;
2. Decides the issues relating to the frontiers of the Georgian SSR;
3. Decides the issues relating to the state arrangement that are under the jurisdiction of the Georgian SSR;
4. Decides the issues relating to the secession of the Georgian SSR from the USSR;
5. Decides the issues relating to the effect of the Union laws and legal acts on the territory of the Georgian SSR;
6. Elaborates the major directions of the internal-political and foreign policies of the Georgian SSR;
8)  Secures the unified regulation of the legislation on the whole territory of the Georgian SSR.
11) Determines the procedures for administrative-territorial arrangement of the Georgian SSR; decides and changes the frontiers of the Autonomous Oblasts and district divisions; creates the cities in the regions and the districts in the cities; decides the subordination of the cities; changes the names of the regions, cities, towns, districts, villages and other settlements;
12) Approves the decision on changing the frontiers of the Autonomous Republics; creates the new districts and towns of republican subordination.
13)  Approves the district division of the Autonomous Republics, creation of cities and districts within the cities, changes of subordination of cities, changing of names of regions, cities, districts within the cities and of other settlements;
24) Observes the Constitution of the Georgian SSR and secures the compliance of the Constitutions of the Autonomous Republics of Ajara and Abkhazia with the Constitution and the laws of the Georgian SSR;
26) Abolishes the Decrees and Resolutions issued by the Councils of Ministers of the Autonomous Republics of Abkhazia and Ajara, as well as of the People’s Councils of the Autonomous Oblast, regional, city and district councils (of republican subordination) if they are not in compliance with the Constitution and laws of the Georgian SSR.
(…)
Article 108. The Presidium of the Supreme Council convenes annually the Spring and Autumn sessions of the Supreme Council of the Georgian SSR.
The Presidium convenes extraordinary sessions upon its own initiative, or upon the proposal of the chairman of the Supreme Council, or upon the request of at least 1/3 of deputies, as well as upon the proposals of the Supreme Councils of the Abkhaz and Ajara Autonomous Republics and the South Ossetian Autonomous Oblast.
Article 110. The right to initiate legislation is vested in the Deputies of the Supreme Council, the Presidium of the Supreme Council, the Chairman of the Supreme Council, the Committee on Observance of Constitution, the Council of ministers of the Georgian SSR, the Supreme Councils of the Abkhaz and Ajara Autonomous Republics, the standing Commission of the Supreme Council of the Georgian SSR, the Council of People’s Deputies of the South Ossetian Autonomous Oblast, the Chamber of Public Control of the Georgian SSR, the Supreme Court of the Georgian SSR, the Chief State  Arbiter, the Prosecutor General of the Georgian SSR.
(…)
Article 111. The bills and other issues submitted to the Supreme Council are discussed at the sittings of the Supreme Council.
(…)
Article 112… The Presidium of the Supreme Council of the Georgian SSR composes of the following officials: the Chairman of the Supreme Council, the First Deputy of the Chairman of the Supreme Council, two Deputies of the Chairman of the Supreme Council - the Chairmen of the Supreme Councils of the Abkhaz and Ajara Autonomous Republics, the Chairman of the South Ossetian Oblast Council of the People’s Deputies, the Chairman of the Chamber of Public Control, the chairmen of the standing commissions of the Supreme Council.
Article 113.The Presidium of the Supreme Council of the Georgian SSR:
14) Publishes in Georgian and Russian languages and for the Autonomous Republics and Autonomous Oblast in the language of the autonomous entity the laws and other legal acts adopted by the Supreme Council, the Presidium of the Supreme Council and the Chairman of the Supreme Council of the Georgian SSR.
(…)
Article 119.  The Supreme Council of the Georgian SSR elects the Committee on Observance of Constitution for 10-year term composed of specialists of the sphere of politics and jurisprudence: the Chairman, Deputy Chairman and 7 members, including the representatives from the Abkhaz and Ajara Autonomous Republics and the South Ossetian Autonomous Oblast.
The Committee on observance of Constitution:
2) Observes the compliance of the Constitutions and laws of the Autonomous Republics, Decrees and Orders of the Council of Ministers of the Georgian SSR, Decrees and Orders of the Councils of Ministers of the Autonomous Republics, Decisions of the Council of People’s Deputies of the South Ossetian Autonomous Oblast, Decisions of the district and city councils (of republican subordination) with the Constitution and the laws of the Georgian SSR.
3) By its own initiative or under the decree of the Supreme Council of the Georgian SSR, the Chairman of the Supreme Council of the Georgian SSR, Standing Commissions of the Supreme Council of the Georgian SSR, the Council of Ministers of the Georgian SSR, or upon the proposals of the Supreme Councils of the Autonomous Republics makes conclusions on compliance of acts issued by public organizations with the Constitution and the laws of the Georgian SSR.
(…)
Article 131. The Supreme Councils of the Abkhaz and Ajara Autonomous Republics are the supreme bodies of these republics.
The Supreme Council of the Abkhaz and Ajara Autonomous Republics are authorized to decide all issues that are under the jurisdiction of the Autonomous Republics set out in the Constitution of the USSR, the Constitution of the Georgian SSR and the Constitutions of the Autonomous Republics.
The Chairman of the Supreme Council of the Autonomous Republic is accountable to the Supreme Council of the Georgian SSR.
Article 132. The Supreme Councils of the Abkhaz and Ajara Autonomous Republics adopt the Constitutions of the Autonomous Republics, introduce the changes and amendments to them; approve the state plans on economic and social development of the autonomous republics; establish the organs under their subordination.
The authorities of the Supreme Councils of the Autonomous Republics, their Presidiums and the Chairmen of the Autonomous Republics are determined in the Constitutions of the Autonomous Republics.
16. To formulate the second part of Article 133 as follows:
“The Council of Ministers of the Abkhaz ASSR and the Council of Ministers of the Ajara ASSR are accountable to the Supreme Councils of these Autonomous Republics”.
Article 141. The activity of the Councils of autonomous Oblast, districts and cities are organized by their presidiums headed by the chairmen of councils, and the town (of regional subordination) village and settlement councils - by the chairmen of these councils.
The local Councils of People’s Deputies are authorized to discuss and decide the issued under their competences set out on the legislation of the USS, the Georgian SSR and the relevant autonomous republics.  The laws on the local councils of the people’s deputies determine the list of issues that shall be decided only at the sessions.
(…)
Article 164. …
The Supreme Court of the Georgian SSR, the Supreme Courts of the Autonomous Republics, the judges of the Autonomous Oblast are elected accordingly by the Supreme Council of the Georgian SSR, the Supreme Councils of the Autonomous Republics and the Council of People’s Deputies of the Autonomous Oblast.
The Chairman of the Presidium of the Supreme Council of the Georgian SSR G. Gumbaridze
The Secretary of the Presidium of the Supreme Council of the Georgian SSR V. Kvaratskhelia
18 November 1989
(Bulletin of the Supreme Council of the Georgian SSR, 1989, # 11, p. 15-34)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE GEORGIAN SSR on Conclusions of the Special Commission on Political and Legal Assessment of Violation of the Georgian Russian Treaty of 7 May 1920
The Supreme Council of the Georgian SSR Decrees:
1. To approve the Conclusions of the Special Commission- that was set up pursuant to the decision of the Presidium of the Supreme Council of the Georgian SSR- on Political and Legal Assessment of Violation of the Georgian-Russian Treaty of 7 May 1920.
2. To put forward proposal to the Second Congress of the Peoples’ Deputies of the USSR to provide political and Legal Assessment of violation of the Georgian-Russian Treaty of 7 May 1920.
(...)
Chairman of the Presidium of the Supreme Council of the Georgian SSR G. Gumbaridze
Secretary of the Presidium of the Supreme Council of the Georgian SSR V. Kvaratskhelia
18 November 1989
(Bulletin of the Supreme Council of the Georgian SSR, 1989, # 11, p. 97)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE GEORGIA SSR on election of the Commission of the Supreme Council of the Georgian SSR to study the issues relating to the Status of the South Ossetian Autonomous Oblast
The Supreme Council of the Georgian SSR decrees:
1. To set up the Commission to study the issues relating to the status of the South Ossetian Autonomous Oblast comprising of 19 people.
(…)
Chairman of the Presidium of the Supreme Council of the Georgian SSR G. Gumbaridze
Secretary of the Presidium of the Supreme Council of the Georgian SSR V. Kvaratskhelia
18 November 1989
(Bulletin of the Supreme Council of the Georgian SSR, 1989, # 11, p. 98)


1990
DECREE ISSUED AT THE 13TH EXTRAORDINARY SESSION OF THE SUPREME COUNCIL OF THE 11TH CONVOCATION OF THE GEORGIAN SSR on Guarantees for Protection of State Sovereignty of Georgia.
(…)
The Supreme Council of the Georgian SSR approves the Conclusions of the Special Commission that was set up pursuant to the decision of the Presidium of the Supreme Council of the Georgian SSR - on Political and Legal Assessment of Violation of the Georgian-Russian Treaty of 7 May 1920 and acknowledges that introduction of the Soviet troops into Georgia in February 1921 and occupation of its territory amounted to, from legal point of view, sheer military intervention and occupation aimed at toppling the then existing political regime. From political point of view, these actions amounted to de facto annexation of Georgia; condemns the fact of occupation and de facto annexation by the Soviet Russia of Georgia as the international crime and seeks to abolish the dire consequences for Georgia, brought about by Russia’s violation of the 7 May 1920 Treaty and restoration of those rights of Georgia, that had been recognized by Russia by the virtue of the aforementioned Treaty.
The Supreme Council of the Georgian SSR declares illegal and null and void the Union Treaty concluded on 21 May 1921 between the Georgian Soviet Socialist Republic and Russian Soviet Socialist Federative Republic, as well as Union Treaty concluded on 12 March 1922 on creation of Federation of Trans-Caucasus Soviet Socialist Republics.
Since the Treaty of 22 December 1922 on creation of the Union of the Soviet Socialist Republics is unlawful in relation to Georgia, negotiations shall start on restoration of the independence of Georgia.
Chairman of the Presidium of the Supreme Council of the Georgian SSR G. Gumbaridze
Secretary of the Presidium of the Supreme Council of the Georgian SSR V. Kvaratskhelia
9 March 1990
(Bulletin of the Supreme Council of the Georgian SSR, 1990, # 3, p. 8-10)


LAW OF THE UNION OF THE SOVIET SOCIALIST REPUBLICS on the issues relating to the secession of the Union Republic from the USSR
Article 1.  This Law sets out the procedures on secession of the union republic from the USSR pursuant to Article 72 of the Constitution of the USSR.
Article 2. The decision on seceding from the USSR the Union Republic exercises based on the free will of the peoples of the union republic through the referendum.  The decision on holding the referendum shall be taken by the Supreme Council of the union republic upon its own initiative or based on the appeal signed by the one tenth of the population of the USSR, permanent residents of the republic and authorized to vote under the legislation of the USSR.
(…)
Article 3. In the Union Republics, having autonomous republics, autonomous oblasts and autonomous districts, the referendum shall be held separately for each autonomous entity.  The peoples of the autonomous republics and autonomous entities reserve the right on having independent decision to remain within the USSR or within the seceding republic, also to raise the issue on legal status of the entity.
Voting results in the Union Republics with the territories of compact settlement of ethnic groups, which represent the majority of the population in that territory shall be considered separately.
Article 4.  For the purpose to arrange the referendum for seceding from the USSR, to fix the date of referendum and sum up the results, the Supreme Council of the union republic shall set up the commission with participation of all concerned sides, including those mentioned in the first and second sections of Article 3 of this law.
Article 6.  The decision on seceding from the USSR through the referendum shall be adopted if not less than two thirds of the citizens of the USSR, permanent residents of the republic and authorized to vote under the legislation of the USSR will vote in favour.
The Supreme Council of the union republic shall consider the results of the referendum.
In the Union Republics, having autonomous republics, autonomous oblasts and autonomous okrugs or the territories of compact settlement of ethnic groups, mentioned in the second section of Article 3 of this law, the results shall be considered by the Supreme Council of the union republic together with the Supreme Council of the Autonomous Republic and relevant Council of the People’s Deputies of the autonomous entity.
Article 7.  Supreme Council of the Union Republic shall submit the results of the referendum to the Supreme Council of the USSR. Union Republics, having autonomous republics, autonomous oblasts and autonomous districts or the territories of compact settlement of ethnic groups, mentioned in the second section of Article 3 of this law, shall submit the results of the referendum for each autonomous entity and compact settlements separately with the conclusions and proposals to the relevant state authorities.
If the Supreme Council of the USSR finds the referendum lawful, it shall raise the issue before the Congress of the People’s Deputies of the USSR to be discussed.
In case of breach of law when holding the referendum, the Supreme Council of the USSR shall set repeated referendum in three-month term in the republic or in its part, either in the autonomous entity or in the territory of compact settlement of the ethnic groups mentioned in the second section of Article 3 of this law.
Article 9. The results of the referendum on seceding from the USSR of the union republic, as well as conclusion of the supreme state authorities of the union republic, autonomous republics, autonomous oblasts and districts on the issue shall be considered by the Congress of the People’s Deputies of the USSR. The Congress of the People’s Deputies of the USSR, upon the submission of the Supreme Council of the USSR, prior coordinated with the Supreme Council of the seceding republic shall determine the transitional period that should not exceed five-year and the issues, related to the secession of the union republic shall be settled within this term.
Article 10.  If, in accordance of the referendum results, the final decision on secession of the union republic is not reached, a new referendum on the issue can be arranged not earlier than 10 years from the day of previous referendum.
(…)
Article 14. …The following issues shall be solved within transitional period in relation of the seceding republic and the USSR, as well as other union republics, autonomous republics, autonomous entities and ethnic groups:
7) the issue regarding the territories that didn’t belong to the seceding republic at the moment of its joining to the USSR shall be negotiated;
8) the status of the territories with compact ethnic settlements, mentioned in the second section of Article 3 of this law shall be negotiated pursuant to the referendum;
(…)
Article 15.  The citizens of the USSR, residing on the territory of the seceding republic, have the right to make their own chose on citizenship, place of residence and work. Seceding country shall compensate all expenses relating to the displacement of the citizens outside of the republic.
Article 19. During the last year of the transitional period, the seceding country, by the initiative of the supreme organ of the state authority can hold the repeated referendum in order to approve the decision on separation of the union republic from the USSR.  The repeated referendum is binding if it is requested by one tenth of the citizens of the USSR, permanent residents of the republic and authorized to vote under the legislation of the USSR.
If in the repeated referendum for the approval of the decision on secession from the USSR less than two thirds of the citizens of the USSR, permanent residents of the union republic authorized to suffrage under the legislation of the USSR votes in favour, the decision on separation of the union republic from the USSR shall be revoked and the procedures shall be terminated.
(…)
The President of the Union of he Soviet Socialist Republics M. Gorbachev.
3 April 1990
(Bulletin of the Congress of the People’s Deputies of the USSR and the Supreme Council of the USSR, M., 1990, # 15, p. 303-308)


LAW OF THE UNION OF THE SOVIET SOCIALIST REPUBLICS on the economic relations between the USSR, Union and Autonomous Republics
(…)
Article 2…
1. Union and Autonomous Republics are authorized to decide economic and social issues outside the jurisdiction of the USSR, the Constitution of the USSR, legislation of the USSR and this law. 2. Union and autonomous republics, pursuant to the legislation of the USSR, on their respective territories:
possess, use and handle the land and other natural resources in compliance with their interests and the interests of the USSR;
adopt the laws and other normative acts regulating the conditions of the economic activities on the territory of the republic;
decide tax issues and perform budgetary activities;
regulate economic and social development on their territories and elaborate the general decision on the economic development and the ways for its realization;
regulate investment activity and conditions for the construction on the territory of the republic;
regulate the prices in compliance with the USSR pricing policy;
participate in the monetary flow; exercise the management of the state bank activity;
perform foreign economic activity respecting the obligations and commitments of the international treaties of the USSR and agreements between the USSR and the republics; conduct border and coastal trade, register the joint enterprises, international companies and organizations, and encourage foreign economic activity of the enterprises and organizations; form and manage currency reserves of the republic;
decide the issues of social development, employment of the population, regulation of the income of the population; secure the minimum wages established by the legislation of the USSR, pension rate and other social securities;
establish the norms of ecological protection and conduct the activity for environmental protection on the territory of the republic; issue licenses and restrictions on the activity of enterprises and organizations;
form the agencies for state management and determine their function.
(…)
Article 3…
3. Union and autonomous republics, in compliance with the legislation of the USSR, determine the tax, dues and due payment on their territories, including the payment for the natural resources.
5. The agencies of the USSR, together with the agencies of the union and autonomous republics establish the funds for the regional development, reserves, innovations, environment protection and other public funds in order to finance scientific, economic, social and other programmes, as well as works on prevention and elimination of the natural disasters, catastrophes and accidents.
6. The State Bank of the USSR implements: the regulation of the monetary circulation based on the common currency of rouble, currency emission, setting of the rate to the foreign currency, setting of exchange procedures and regulations for purchasing and selling of foreign currency valuables; exercises unified credit policy in foreign economic relations.
(…)
Article 5…
2. Union and autonomous republics are authorized to establish in the capital city of the USSR and capital cities of other union republics representational missions maintained at the expense of the budget of the republics.
(…)
Article 6…
1. Union and autonomous republics participate in the decision-making process of economic character that is under the competence of the USSR through participation at the Congress of the People’s Deputies of the USSR, Supreme Council of the USSR, Presidium of the Supreme Council of the USSR, Council of Federation, Government of the USSR and other agencies of the USSR.
2. The supreme agencies of the state authority of the republics may raise the issue before the Committee of Constitutional Supervision regarding compliance of the legal acts of the state agencies and the Government of the USSR with the Constitution of the USSR and the USSR laws.
3.  The union and autonomous republics have the right to address to the President of the USSR and ask for abrogation of decree or resolution of the Council of Ministers of the USSR that runs counter to the economic interests of the republic.
4. The supreme agencies of the state management of union and autonomous republics have the right to file the protest to the Council of Ministers of the USSR on the acts issued by the agencies subordinated the Council of Ministers of the USSR that contradict economic interests of the republic. The Council of Ministers of the USSR shall consider the protest within a month term and make a final decision.
(…)
5.  The dispute on economic issues between the government of the USSR, union and autonomous republics, also between the union republics, emerged in the course the implementation of the USSR laws, decrees and resolutions of the government of the USSR, shall be resolved by the Supreme Council of the USSR with respect of the recommendations of the Council of Federation.
Article 7…
1. The laws of the USSR and union republics, which secure the independent economic activity of the autonomous oblasts and okrugs, determine economic competence of the autonomous oblasts and okrugs.
2. Autonomous oblasts and okrugs pursuant to the legislation of the USSR on their respective territories possess, use and handle the land, other natural resources and properties under their ownership.
3. Autonomous oblasts and okrugs: assure the process of the social-economic development on their territories; independently form and implement their budget; carry out the measures for strengthening the fiscal base of the local self-governance; set and regulated the prices within their competence; participate in determination of limits and norms of the use of natural heritage on their territories; issue the licenses and restrictions for enterprises pursuant to the legislation of the USSR and union republic; conduct foreign economic activity; also manage the other issues within their competence.
(…)
Article 8…
3. When implementing the decisions adopted in contradiction to the acting law without prior coordination with the union and autonomous republics that damaged the interests of the republic, the governing agencies of the USSR shall remove the negative consequences of those decisions and compensate the damage upon the request of the republic.
4. If the implementation of decisions of the union and autonomous republic damages the legal interests of other republic or the USSR, the damage shall be compensated by the republic, which adopted such decision.
(…)
The President of the Union of the Soviet Socialist Republics M. Gorbachev.
4 September 1989
 (Bulletin of the Congress of the People’s Deputies of the USSR and the Supreme Council of the USSR, M., 1990, # 16, p. 334-340)


LAW OF THE UNION OF THE SOVIET SOCIALIST REPUBLICS on Separation of Authorities Between the USSR and the Subjects to the Federation
Article 1… Union republics enjoy the full-scope authority on their respective territories outside of authority rendered to the USSR by them.
Autonomous republics represent the Soviet Socialist States - the subjects of the USSR Federation.  The autonomous republics and autonomous entities are included within the union republics based on the principles of national self-determination.  They enjoy the full-scale authority on their territories outside of authority rendered to the USSR and the union republic.
The relation of autonomous republics and autonomous entities with the union republic is determined by agreements and treaties concluded pursuant to the Constitution of the USSR, Constitution of the union republic and autonomous republic and this law.
Article 2. Each union republic reserves the right to secede from the USSR…
Article 3. The territory of the union and autonomous republics and autonomous entities shall not be changed without their consent.
The frontiers between union republics may be changed upon mutual agreement between the union republics that shall be approved by the USSR.
(…)
Article 4. Union and autonomous republic, autonomous oblast and district: independently decide the issues related to the allocation of enterprises and economic entities on their territories; assure the economic, social and cultural development on their territories with respect of interests of all people, residing on their territories; determine the condition of performance with respect of environmental protection and labour resources of enterprises and economic entities, agencies and institutions subordinated to the USSR or other union or autonomous republics pursuant to the legal acts of the USSR, union and autonomous republic.
In the development of economic and social-cultural sphere the autonomous entity on its territory has the same rights as the union republic outside the jurisdiction of the union republic in accordance with the concluded agreement.
(…)
Article 6. Exclusive authorities of the Union of the Soviet Socialist Republics:
2. Admission of a new state to the USSR, establishment of a new, and change the statues of the existing autonomous republics, autonomous oblasts and autonomous districts;
3. Resolution of disputes between the union republics, union republic and autonomous republic, if they raise the issue before the agencies of the USSR.
(…)
Article 10.  When the certain issue under the joint authority of the USSR and the union republic is not solved through the law of the USSR, the union republic has the right to exercise independently the legal regulation towards that sphere.  At that the issues under the authority of the autonomous republics or autonomous entities shall be regulated through the negotiation with them.
Article 11. … In case of contradiction between the Constitutions of the union republic, autonomous republic and the Constitution of the USSR, the constitution of the USSR shall have a superior legal force.  In case of contradiction between the laws or other legal acts issued by the supreme authorities of the union and autonomous republics and the Constitution, other laws and legal acts of the USSR, the acts issued by the supreme agencies of the USSR shall have a superior legal force.
(…)
Article 13.  Supreme state agencies of the union republics and autonomous republics have the right to file the protest against decisions and decrees issued by the Council of Ministers of the USSR if they violate the rights of the union or autonomous republic. The Supreme Council of the USSR shall resolve the dispute.
Supreme state agencies of the union republics and autonomous republics have the right to suspend the performance of normative acts issued by the ministries, state departments and committees of the USSR if they breach the legislation of the USSR or the relevant legislation of the union republic or autonomous republic; The Council of Ministers of the USSR shall be promptly informed about the breach of law.  The Supreme Council of the USSR shall settle the dispute if the performance of the legal act is suspended by the Supreme Council of the union or autonomous republic, or, by the Council of Ministers of the USSR, if the performance of the legal act is suspended by the Council of Ministers of the union or autonomous republic.
The President of the Union of the Soviet Socialist Republics M. Gorbachev.
26 April 1990
(Bulletin of the Congress of the People’s Deputies of the USSR and the Supreme Council of the USSR, M., 1990, # 19, p.  429-433)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE GEORGIAN SSR on introduction of amendments to the decree issued by the Supreme Council of the Georgian SSR on March 9, 1990  “Guaranties for Protection of State Sovereignty of Georgia”
The Supreme Council of the Georgian SSR decrees:
To introduce the following amendments to the Decree issued by the Supreme Council of the Georgian SSR on 9 March 1990  “Guaranties for Protection of State Sovereignty of Georgia”:
1. To add after Paragraph 10 the following Paragraph:
“Noting that the regime established in Georgia as a result of military intervention and occupation - initially non-elected authority (Revolutionary Committee) and then, extremely limited, based on narrow class-interest principles Soviets did not express genuine and free will of the Georgian people. Proceeding from the aforementioned, the Supreme Council of the Georgian SSR declares null and void all those legal acts that abolished political and other institutions of the Democratic Republic of Georgia and replaced them with other political and legal institutions introduced through violence and external force …”
2. To add at the end of the decree the following: “ to start negotiations between the Georgian SSR and the Russian Soviet Federative Socialist Republic aimed at establishment of fundamentally new and appropriate for sovereign states relationship, and acknowledgment on the part of the Government of RSFSR (the Russian Soviet Federative Socialist Republic-edit) of the fact of gross violation in February-March 1921 of the 7 May 1920 Treaty and adequate political and legal assessment of this violation should lay foundation for such relationship.
Despite the heavy legacy and irrefutable fact of forceful establishment of Soviet regime in Georgia, taking into account the present political realities, historical experience of genesis of state power and its development, the existence, although not good enough, democratic and representative political institutions and being fully aware of the fact that these institutions function within the Soviet Union’s political system and that reality plays major role in assessment of legal bases of any authority. Today, only the Supreme Council of the Georgian SSR is able and authorized to create through legal means all necessary conditions for establishment of genuinely democratic and multi-party system based bodies of central and local authorities, while taking in due account the best interests of all strata and political spectrum of the society. Only such an approach could serve as solid precondition for successful steps undertaken towards the restoration of state independence of Georgia.
The Supreme Council of the Georgian SSR and every single member of it, is fully aware of its huge responsibility before the Georgian people at this epoch-making and historical stage of Georgia’s development and calls upon the Georgian people, all residents of Georgia to exert every effort to the achievement of our cherished goal - the restoration of state independence of Georgia”.
Chairman of the Presidium of the Supreme Council of the Georgian SSR G. Gumbaridze
Secretary of the Presidium of the Supreme Council of the Georgian SSR V. Kvaratskhelia
20 June  1990
(Bulletin of the Supreme Council of the Georgian SSR, 1990, # 6, p. 11-12)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE GEORGIAN SSR on Creation of Legal Mechanism Aimed at Restoration of Independence of Georgia.
Being guided by the best interests of national sovereignty of the Georgian People and major principles of the International law securing inviolability of the right of every nation to self-determination, as well as other norms, including the UN Charter, international conventions on human rights, and the Final Acts of Helsinki and Vienna forums;
Noting that the Georgian people exercised this right through the creation of the Democratic Republic of Georgia on 26 May 1918;
Acknowledging the right of Georgia to reinstate its state independence lost as the result of violation of the Treaty of 7 May 1920 between Georgia and Russia by the Russian government, which found its manifestation in military intervention, occupation and de facto annexation of Georgia;
Since the decree of the Supreme Council of the Georgian SSR, issued on 9 March 1990 has laid foundation to the process of restoration of state independence of Georgia and to secure successful completion of the process it is essential to further undertake effective measures,
The Supreme Council of the Georgian SSR decrees:
To work out a legal mechanism for the restoration of state independence of Georgia that shall be based on the principles of international law.
To this end, create a special commission that will be composed of representatives of the Supreme Council of the Georgian SSR, experts, representatives of political parties and civil society and entrust the Presidium of the Supreme Council of the Georgian SSR with a task of defining personal composition of the commission.
Chairman of the Presidium of the Supreme Council of the Georgian SSR G. Gumbaridze
Secretary of the Presidium of the Supreme Council of the Georgian SSR V. Kvaratskhelia
20 June 1990
(Bulletin of the Supreme Council of the Georgian SSR, 1990, # 6, p. 12-13)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE GEORGIAN SSR on Evaluation of a Number of the USSR Laws, Based on Article 77 of the Georgian SSR
Being guided by the necessity of protection of Sovereignty of the Georgia SSR and by the objective of restoration of state sovereignty of Georgia, pursuant to Article 77 of the Georgian SSR, the Supreme Council of the Georgian SSR decrees:
1. The existing USSR laws on the rules and procedure of secession of the Union Republics from the USSR, separation of competences between the subjects of Federation and the USSR, basics of economic relations, property regulations and income laws run counter to the vital interest of the Georgian SSR.
2.  The Presidium of the Supreme Council of the Georgian SSR and the Council of Ministers of the Georgian SSR shall follow this decree.
Chairman of the Presidium of the Supreme Council of the Georgian SSR G. Gumbaridze
Secretary of the Presidium of the Supreme Council of the Georgian SSR V. Kvaratskhelia
20 June 1990
(Bulletin of the Supreme Council of the Georgian SSR, 1990, # 6, p. 21)


DECISION OF THE SUPREME COUNCIL OF THE GEORGIAN SSR on Creation of Special Commission on Study the Issues in the Abkhaz ASSR
The Supreme Council of the Georgian SSR decides:
To create a special commission that will address the issues related to the protection of legal guarantees of statehood of the Abkhaz ASSR.
To entrust the experts, scientists and representatives of civil society with a task of studying these issues profoundly and submitting the findings and proposals to the Presidium of the Supreme Council of the Georgian SSR.
Chairman of the Presidium of the Supreme Council of the Georgian SSR G. Gumbaridze
Secretary of the Presidium of the Supreme Council of the Georgian SSR V. Kvaratskhelia
26 July 1990
(Bulletin of the Supreme Council of the Georgian SSR, 1990, # 7, p. 6-7)


DECISION TAKEN BY THE 13TH SESSION OF THE SOUTH OSSETIAN OBLAST COUNCIL OF THE PEOPLE’S DEPUTIES OF THE 20TH CONVOCATION on the information of the commission on study of conduct of soviet, law-enforcement agencies and state officials during the difficult public and political situation in the South Ossetian Autonomous Oblast in 1989-1990
The 13th Session of the South Ossetian Oblast Council of the People’s Deputies of the 20th convocation decides:
1. To endorse the information of the commission on study of conduct of the Soviet, law-enforcement agencies and state officials during the difficult public and political situation in the South Ossetian Autonomous Oblast in 1989-1990; to publish it in the local press with the decision adopted and forward to the Supreme Council of the USSR, Georgian SSR and Helsinki Union on protection of Human Rights.
2. To consider:
- public and political situation on the territory of the South Ossetian Autonomous Oblast since May of 1989 up today as extreme and extraordinary;  
- the events, which took place from 23 November 1989 and from February 1990 - as violent act of armed informal formations of organizations and agencies of Georgia against the peaceful population of the autonomous oblast accompanied with the lack of counteractions of the local and republic authorities that led destabilization of public and political situation in the region, resulted in human victims, material damages and excessive suffering of innocent, peaceful residents of the oblast.
3. To consider extremely inadequate the conduct of the Ispolcom of the People’s Deputies of the South Ossetian Autonomous Oblast during the difficult public and political situation and demand of the resignation of its present members.
(…)
4. Taking into consideration the difficult public and political situation established in the region, to ask the Supreme Council of the Georgian SSR for the permission on holding the election of the local Councils of the People’s Deputies on the territory of the South Ossetian Autonomous Oblast coinciding with the election of the Supreme Council of the Georgian SSR in October-November of 1990.
5. To raise the following issues before the Supreme Council of the USSR and the Georgian SSR:
- to give the political and legal assessment to the tragic events in the South Ossetian Autonomous Oblast that have entailed human victims.
- to find the resources for compensation of material and moral damages;
- to prevent the possibility of the repeated violence in the oblast.
6. In order to speed up the process of regulation of the situation here, to raise the issue before the Prosecutor General of the USSR and the Ministry of Interior of the USSR on immediate investigation of crimes committed during the aforementioned events on the territory of the South Ossetian Autonomous Oblast in 1989-1990.
8. To entrust the Ispolcom of the People’s Deputies of the South Ossetian Autonomous Oblast with the following tasks:
(…)
- to elaborate and implement within ten days the practical measures for the stabilization of public and political situation in the oblast and strengthen the true friendship of the people…
- to elaborate practical measures for selection, training and assignment of personnel in the law-enforcement agencies from the local residents, those who speak Ossetian, Georgian and Russian languages; to inform the next session about the done activity;
- to bar from any assignments or dismissals of officials with the breach of “Law on the South Ossetian Autonomous Oblast”:
- to bar from any assignments or dismissals with regard of ethnic affiliation…
(…)
- to set up commission on learning of and solving the issues relating to the refugees;
- respecting the proposals of the specialist and public opinion to elaborate and publish within a month term the draft concept of economic independence of the South Ossetian Autonomous Oblast with further approval at the session of the oblast Council of the People’s Deputies.
9. The leadership of the Oblast, on the alternative basis, shall decide within 10-day term the issue of appointment of the Prosecutor of the Oblast and the head of the Interior Affairs of the South Ossetian Oblispolcom from the local specialists having command of three state languages.
10. To raise immediately the issue before the Council of Ministers of the Georgian SSR:
- on compensation of material and moral damages subsequent upon destabilization of the public and political situation that entailed the tragic events of 1989-1990;
(…)
Chairman of the Ispolcom of the Council
of People’s Deputies of the South Ossetian Autonomous Oblast F. Zaseev
Secretary of the Ispolcom of the Council
of People’s Deputies of the South Ossetian Autonomous Oblast I. Kokoev
10 August 1990
(Newspaper “Sovetskaia Ossetia”, # 160, 23 August, 1990)


DECESION OF THE ISPOLCOM OF THE PEOPLE’S DEPUTIES OF THE SOUTH OSSETIAN AUTONOMOUS OBLAST on establishment of the Commission on study and elaboration of proposals to respond the statements and complaints of the citizens demanding resettlement from other cities and regions to the South Ossetian Autonomous Oblast and, also on the problems of refugees
Ispolcom of the Council of People’s Deputies of the South Ossetian Autonomous Oblast decides:
1. To approve the Commission on study and elaboration of proposals to respond the statements and complaints of the citizens demanding resettlement from other cities and regions to the South Ossetian Autonomous Oblast, and also on the problems of refugees…
(…)
2. To entrust the Commission with a task of learning within a month term all statements and complaints of the citizens, and where necessary, to submit the proposals to the Ispolcom of the People’s Deputies of the South Ossetian Autonomous Oblast to be considered.
3. To entrust the Councils of the People’s Deputies of the cities and districts with a task to establish the similar commissions and report the information to the Oblispolcom of the South Ossetian Autonomous Oblast within one month.
Chairman of the Ispolcom of the Council
of People’s Deputies of the South Ossetian Autonomous Oblast F. Zaseev
Secretary of the Ispolcom of the Council
of People’s Deputies of the South Ossetian Autonomous Oblast I. Kokoev
23 August 1990
(Newspaper “Sovetskaia Ossetia”, # 170, 8 September, 1990)


DECLARATION ADOPTED AT THE MEETING OF ALL-LEVEL COUNCILS OF THE ABKHAZ ASSR on the issues discussed at the 10th Session of the Supreme Council of the Abkhaz ASSR
Present political and social reforms, based on the acknowledgment of the priority of the universal human values, lay a good ground to the fulfillment of peoples’ demand.
Certain forces, relying on the violent means of protection of their own interests have chosen the dangerous way to fulfill them. That is a barefaced provocation and confrontation between Abkhazs, Georgians and other peoples living together over the ages.  In such circumstances we may loose the social-political rights and freedoms we have achieved.  Moreover, we may find ourselves in far worse situation than we were before the reforms.
At the sessions of the local Councils, meetings of electors, labour collectives, public organizations and agencies thousands of people talked about the established situation in the autonomous republic due to the repeated convocation of the 10th session of the Supreme Council of the Abkhaz ASSR and released documents of the session.
The negative assessment has been done to the role of the Supreme Council and its Presidium for introducing new methods of political confrontation in the autonomous republic.
The resolutions and appeals adopted by the labour collectives express the concern regarding the proposals on legal protection of the Abkhaz state independence, which may violate the territorial integrity of Georgia as a sovereign country.  Discussion of such issues at the session runs counter to the vital interests of the majority population of the autonomous republic and facilitates neither to the fair solution of the problems nor to the establishment of peace and good-neigbourly relations between the peoples.
In this regard the electors call on the deputies of the Supreme Council of the Abkhaz ASSR not to participate at the Session.  Otherwise the following assessment will be done to their conduct: they don’t want to protect the legal interests and demands of the electors…
The meeting of the Deputies is authorized to declare the following:
1. Pursuant to the Declaration “On the principles of international law” adopted by the United Nations Organization on 24 October 1970, the process of the self-determination shall be conducted without violation of the territorial integrity and without undermining the political unity of the state.  Published documents on legal guarantees of the protection of Abkhazia’s state independence are aimed at violation of the territorial integrity of Georgia as a sovereign country, thus discussion of this matter at a level of the Supreme Council of the autonomous republic is unlawful and inadmissible.
2. In order to settle the situation and overcome the confrontation through the constructive dialog based on the principles of mutual understanding and reciprocity, the deputies shall take active participation in the work of the Commission established by the Presidium of the Supreme Council of the Georgian SSR and submit the conclusions and proposals for further discussion to the Supreme Council of the Abkhaz ASSR.
3. For the alternative conduct we offer to the interested parties to establish the committee on national reconciliation comprising of the representatives from all districts, ethnic groups, public and political movements of Abkhazia, which will make decision on the basis of consensus.
4. We agree to participate at the 10th session of the Supreme Council of Abkhazia with the following agenda: Adoption of the electoral law for the Supreme and local Councils of the Abkhaz ASSR.
Problems of the current and future development of Abkhazia, issues on enlargement of its political and economic rights shall be decided on the constitutional and legal basis respecting the view of the general public.
5. This Decree shall be sent to the Supreme council of the Georgian SSR, Supreme Council of the Abkhaz ASSR and published in press.
23 August 1990
(Newspaper “Sabchota Abkhazeti”, # 162, 24 August, 1990)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE ABKHAZ ASSR
on Legal Guarantees of Protection of the Statehood of Abkhazia
Having heard and discussed the report of the Chairman of the Supreme Council of the Abkhaz ASSR Comr. V. Kobakhia “on Legal Guarantees of Protection of the Statehood of Abkhazia” the Supreme Council of the Abkhaz ASSR notes:
In 1989-1990 the Supreme Council of the Georgian SSR three times (November 1989, March and June 1990) adopted the decision on restoration of the state independence of Georgia.  Those decisions admit that the Georgian Democratic Republic, established in 1918 was liquidated in February 1921 due to establishment of the Soviet power in Georgia based on forcibly concluded international treaties: the Union treaty between the Georgian Soviet Socialist Republic and The Russian Soviet Federative Socialist Republic of 21 May 1921; the Union treaty on establishment of the Union of Transcaucasus Soviet Socialist Republics of 12 March 1921; the Treaty on establishment of the Union of the Soviet Socialist Republics (the USSR) of 30 December 1922.
In that way the supreme legislative power of Georgia prepared the legal basis for the restoration of Georgia’s state independence that existed by the time of its sovietization in February 1921 and opened the path for the negotiation aimed at fulfilling this task.
Postponement of the date of election from March to October of 1990 and amendments to the electoral procedures of the deputies of the Georgian SSR bear the guaranties to reach this goal - reinstatement of the statehood existed in Georgia until February of 1921.
The Supreme Council of the Abkhaz ASSR considers that the restoration of the state independence, existed before February of 1921, is an undeniable right of the Georgian people, i.e. practical secession from the USSR.  But the decisions of the Supreme Council of Georgia say nothing about the autonomous entities included in Georgia.  From the essence of the decisions adopted by the Parliament of Georgia regarding the restitution of the previous status of its statehood, it’s easy to understand that all autonomous entities on its territory shall automatically follow Georgia and that’s why in the negotiations and signing of a future Union Treaties on establishment of a new federation, participation of Abkhazia, Ajara and South Ossetia has not been considered.
The Supreme Council strongly opposes such resolution of Abkhazia’s destiny due to the following reasons.
Abkhazia was incorporated under the protectorate of the Russian Empire in 1810 as an entity independent from kingdoms and principalities of Western and Eastern Georgia.  Abkhaz principality, as a national entity, ruled by Prince existed until 1864, while Georgia’s statehood was abolished in 1801 - right after it had entered into the Russian Empire.
After the Russian revolution of 1917 and from the start of disintegration of the Russian Empire, Abkhazia entered the South-West Union of the Caucasus that had nothing to do with Georgia.
In February of 1918 Georgia and Abkhazia concluded the agreement that recognized Abkhazia as “unified and indivisible State from the river Inguri to the river Mzimta”.  At that time the issues regarding independence of Abkhazia and the autochthonous of the Abkhaz people on its territory was an evident fact for Georgia.
After establishment of the Democratic republic of Georgia in May 1918 Georgia resorted forcible measures in order to include Abkhazia within Georgia but having met the firm resistance from the Abkhaz side, the representatives of the Georgian Government declared that the “independent existence was an organic right of the Abkhaz people”.
In 1918-1921 Abkhazia had been fully occupied by the troops of the Georgian Democratic Republic and only in February of 1921, after collapse of the Georgian Democratic Republic Abkhazia reinstated its independence.
On 4 March 1921 Abkhazia restored the Soviet power that had been overthrown by the Georgian Government and on 31 March of 1921 the Abkhaz Revcom (Revolutionary Committee - edit) proclaimed the in­­de­­­­­pendent Soviet Socialist Republic of Abkhazia - Abkhaz SSR.
Nevertheless, in December 1921, under the pressure of Stalin it was united with Georgia on the basis of the “Special Treaty”. In accordance of the Treaty one third of representatives of Georgia to the Transcaucasus Central Executive Committee fell to Abkhazia.
Pursuant to the federal character of the Treaty, in December 1922 the plenipotentiary representative of the Abkhaz SSR in the composition of the delegation of the Trans-Caucasus SFSR (Soviet Federative Socialist Republic-edit) Akirtava N.N. put his signature under the Treaty on establishment of the USSR that authorized Abkhazia as one of the union republics of the USSR.
In 1931, when Stalin’s administrative-command system was gaining a power, the political status of Abkhazia was degraded to an Autonomous Republic within the Soviet Georgia, which meant an effective inco­­rporation of Abkhazia into Georgia on a “legal” basis.
In the thirties the serious repressive measures were taken in order to dissolve the Abkhaz nation into Georgian.  To fulfill this goal they: closed Abkhaz schools and made the Abkhaz children go to Georgian schools; introduced Georgian as an office language; replaced Abkhaz toponymy with Georgian ones; resorted massive settlement of Georgians in Abkhazia constructing for them the special compounds; ousted Abkhazs from the State, party and administrative agencies and replaced them with Georgians; put Georgian ethnicity in the privileged position while discriminating the Abkhazs; oppressed original culture of Abkhaz people; forged the history of Abkhazia and Abkhaz people, which was announced as a Georgian tribe (race).
Stalin’s death, and especially the 20th Congress of the Communist Party of the Soviet Union that condemned Stalin’s cult of personality and the process of restoration of the legal interests of the repressed peoples seriously barred the plans of Georgian government, which successfully was implementing the Menshevik idea of “Georgianisation” of Abkhazs.
Though many artificially created factors still remained in force threatening the distinctive existence of the Abkhaz ethnicity, it was impossible to conduct open policy of the Abkhaz people’s cultural genocide that had been condemned by the special decision of the Central Committee of the Communist Party of the USSR.  And then the practice went “on the sly”.
Perestroika that started in 1985 brought a new wave of the barefaced chauvinism against the Abkhazs yet it was aimed at the development of democracy and establishment of the rule of law.  Certain forces of Georgia try to use the slogan - “The strong Center and Strong Republics” for the legalization of their aim to secede from the USSR ignoring the interests of the Abkhaz and Ossetian people, those who have their national autonomy, as well as Armenians, Azerbaijanis, Russians, Greeks and others - residing in the republic.
The issue was carried to the point that Abkhaz people had no right to the self-determination.
It’s evident that Georgian compact settlements appeared in Abkhazia after the Caucasus War had ended.  In the second half of XIX century Abkhazs were forcibly deported to Turkey.  Meanwhile they make immoral allegations that Abkhazia is a Georgian soil and the Abkhaz people are aliens there.
Against a background of situation mentioned above, Georgia makes an attempt to legalize its policy aimed at assimilating the Abkhaz people and abolishing Abkhazia’s statehood.  After seceding from the USSR Georgia will try to establish mono-ethnic state where Abkhazs either will have to dissolve themselves into Georgian ethnicity, or leave their homeland.  Accordingly, the decisions issued by the Supreme Council of the Georgian SSR encouraging Georgia’s secession from the USSR shall not be abandoned without political and legal assessment from the side of the Supreme Council of the Abkhaz ASSR.
The Supreme Council of the Abkhaz ASSR decrees:
1. To recognize that Democratic Republic of Georgia, breaching the Treaty of 11 June 918 and the Agreement concluded between the Abkhaz People’s Council and National Council of Georgia of 9 February 1918 carried out military intervention in the late June of 1918 aimed at forcible inclusion of the territory of Abkhazia into Georgia and abolishing the independence of the Abkhaz people.  This action that contravenes the International Law shall be considered as unlawful.
2. To declare null and void the part of the Agreement concluded between Georgia and RSFSR on May 1920, which is related to the territory of independent Abkhazia, then occupied by Georgian military forces.
3. The Decrees of the Supreme Council of Georgia issued on 18 November 1989, 9 March and 20 June of 1990, which declare null and void all political and legal institutions introduced after February 1921, lead the logical conclusion that all treaty-relations between Georgia and Abkhazia are also unlawful and Abkhazia’s inclusion into the Georgian SSR has no legal base any longer. Consequently the legal form of Abkhazia’s state sovereignty is the Soviet Socialist Republic of Abkhazia that was proclaimed on 31 March 1921 and based on a free will of the people of Abkhazia.
4.  To raise the issue before the Supreme Council of the USSR on reinstatement of the status of Abkhazia proclaimed on 31 March of 1921.
Before the resolution of this issue by the Supreme Council of the USSR and concluding the new union treaties, the current state-legal relations between Georgia and Abkhazia shall remain in force.
5. Abkhazia is ready to start the negotiations with Georgia in order to establish further state-legal relations.
6. During the formalization of the new Union Treaty that is actually renewal of the 1922 International Agreement, Abkhazia, as one of the founder-Republics of the USSR, shall participate in all negotiations equally with other subjects of the USSR.
7. This Decree shall be submitted to the Supreme Council of the RSFSR to be considered simultaneously with the Decree of the Supreme council of the Georgian SSR of 18 November 1989, 9 March and 20 June of 1990.
Chairman of the Presidium of the Supreme Council of the Abkhaz ASSR V. Kobakhia
Secretary of the Presidium of the Supreme Council of the Abkhaz ASSR I. Kvitsinia
25 August 1990
(Newspaper “Sovetskaia Abkhazia”, # 164, 28 August, 1990)


DECLARATION of the State Sovereignty of the Abkhaz Soviet Socialist Republic
The Supreme Council of the Abkhaz Soviet Socialist Republic,
- Expressing the will of all the people of the Republic and realizing the undeniable right of the Abkhaz nation on self-determination,
- Acknowledging the historical responsibility to the destiny of Abkhazia,
- Confirming the respect to the sovereign rights of all peoples residing in the USSR,
- Pursuing to the principles of the Universal Declaration of Human Rights and other international covenants,
- Pursuing to build democratic State functioning in accordance with law,
Solemnly declares the State sovereignty of the Abkhaz Soviet Socialist Republic.
1. The Soviet Socialist Republic of Abkhazia is a sovereign Socialist State established on the basis of the right of Abkhaz nation to free self-determination and rule of people to determine their destiny.  The sovereignty of the Abkhaz ASSR applies to the whole territory of Abkhazia.
The Abkhaz Soviet Socialist Republic is a bearer of the whole state authority on its territory outside of the competence voluntarily rendered to the USSR and the Georgian SSR pursuant to the concluded Agreements.
The Abkhaz Soviet Socialist Republic shall have its own State Emblem, State Flag and State Anthem.
Any violent actions conducted by political parties, public association or individuals that counter to the state sovereignty of the Abkhaz ASSR shall be subject of law.
2. The citizens of all nationalities constitute the people of Abkhazia.  The sovereignty bearer and sole source of authority in the Abkhaz SSR shall be its multi-national people.  The people shall exercise the authority on the basis of the Constitution of the Abkhaz ASSR through the referendum and electing representational bodies.
3. The State authority in the Abkhaz Soviet Socialist Republic shall be exercised on the basis of a division into legislative, executive and judicial power.
4. The Supreme Council of the Abkhaz ASSR shall exercises the full state authority in the territory of the Abkhaz ASSR, which has the exclusive right to act on behalf of the people of the Abkhaz Soviet Socialist Republic.
The nation, the Republic is named after, shall be represented at the Supreme council of the Abkhaz SSR.
5. The Supreme executive body of the state authority of the Abkhaz SSR shall be the Council of Ministers of the Abkhaz ASSR  (the Government of the Abkhaz ASSR) authorized to decide the issues of the state management within the competence of the Abkhaz ASSR outside the rights under the competence of the Supreme Council of the Abkhaz ASSR.
6. The judicial power in the Abkhaz ASSR shall be exercised through the courts of the Abkhaz ASSR.  The supreme judicial body in the Abkhaz ASSR shall be the Supreme Court of the Abkhaz ASSR.  The justice shall be exercised on behalf of the Abkhaz ASSR.
7. The Abkhaz ASSR shall issue the legal and other normative acts obtaining all issues within its competence.
The Acts issued by the USSR or the Georgian SSR, if they violate the State sovereignty of the Abkhaz ASSR and contradict the established laws, shall be suspended by the legislative and executive powers of the Abkhaz ASSR.
8.  The disputes raised between the Abkhaz ASSR, the USSR and the Georgian SSR shall be resolved in accordance with the concluded Agreements.
9. The Abkhaz ASSR shall participate in realization of the authorities rendered to the USSR and the Georgian SSR and shall promote the implementation of the Union and inter-state programmes on its territory.
10. The Abkhaz ASSR shall have the right to establish representational missions in the USSR and union republics and also in foreign countries.
11. The territory of the Abkhaz ASSR shall not be changed without its consent.  The Abkhaz ASSR decides all issues relating to the administrative-territorial settlement of the Republic.
12. The Abkhaz ASSR shall decide the issue of citizenship of persons and secure the right of each citizen to retain the citizenship.
The Republic grants the citizenship of the Abkhaz ASSR and decides the issues relating to the deprivation of the citizenship.
13. The Abkhaz ASSR independently determines its economic status and secures it on the basis of law.
The Abkhaz people shall have the sole right on the possession, use and management of the national resources of Abkhazia.
The soil, its bowels, air-space, water and other natural resources on the territory of Abkhazia, natural resources of its continental shelf, entire economic and intellectual potential established on the territory of Abkhazia shall be at the possession of the people that is a material basis of the sovereignty of the Republic and shall be used exclusively for the purposes to satisfy the material and spiritual needs of its citizens.
The enterprises, agencies and institutions of other States can be allocated on the territory of Abkhazia and they have the right to use the natural resources of Abkhazia in accordance with the legislation of the Abkhaz ASSR.
The Abkhaz ASSR establishes the banking (including foreign-economic bank), pricing, financial, customs and tax policy; forms the state budget and monetary fund.
The Abkhaz ASSR establishes the National Bank subordinated to the Supreme Council of the Republic.
14. The Abkhaz ASSR shall independently establish the order for the environmental protection on the territory of Abkhazia and guidelines for the management of the natural resources.
The Abkhaz ASSR has the right to bar any construction or suspend the operation of any institution, agency or organization, which pose at threat to the ecological security.
15. The Abkhaz ASSR shall freely decide the issues related to the scientific, cultural, educational and spiritual development of the Abkhaz nation; it shall secure the rights of all nationalities, residing on the territory of Abkhazia, on national and cultural development.
The Abkhaz ASSR shall secure national-cultural revival of the Abkhaz people, its historical perception and traditions, national-ethnographical characteristics, Abkhaz language functioning in all spheres of the life.
The Abkhaz ASSR shall take care of the Abkhazs residing in foreign countries in order to satisfy their national, cultural, spiritual and language needs.
The Abkhaz ASSR affirms its right on return and establishes the conditions for return of the part of deported Abkhaz people.
The national, cultural and historical valuables on the territory of he Abkhaz ASSR shall be property of the Abkhaz people.
The Abkhaz ASSR shall have the right to return at the possession of the Abkhaz people the national, cultural and historical valuables outside of the Abkhaz ASSR.
The State language on the territory of the Abkhaz ASSR is the Abkhaz language; Abkhaz, Georgian and Russian languages are official languages of the Abkhaz ASSR.
The declaration is a basis for the new Constitution of the Abkhaz ASSR and states on the position of the Republic at the conclusion of the Union Treaty and the Treaty with the Georgian SSR.
Chairman of the Presidium of the Supreme Council of the Abkhaz ASSR V. Kobakhia
Secretary of the Presidium of the Supreme Council of the Abkhaz ASSR I. Kvitsinia
25 August 1990
(Newspaper “Sovetskaia Abkhazia”, # 164, 28 August 1990)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE GEORGIAN SSR on the Decision Taken by the Supreme Council of the Abkhaz ASSR on 25 August 1990
Having addressed the declaration issued by the Supreme Council of the Abkhaz ASSR on State Sovereignty of the Soviet Socialist Republic of Abkhazia and decree on Legal Guaranties for protection of Statehood of Abkhazia, the Supreme Council of the Georgian SSR regards the aforementioned decisions, aimed at changing the nation-state and administrative-territorial arrangement of the Georgian SSR, as absolutely groundless steps and constitute gross violation of the Constitutions of the Georgian SSR, Abkhaz ASSR and the USSR.
Those actions and decisions, distorting historical facts and current political realities, inflict serious damage to the best interests of peoples of our multi-ethnic Republic, inter-ethnic relations, impede the process of democratization and establishment of state based on the rule of law, where the interests of the Abkhaz people, as well as interests of all other nationalities living in the Republic, shall be guaranteed and protected by the law.
The Presidium of the Supreme Council of the Georgian SSR Decrees:
1. To declare the declaration issued by the Supreme Council of the Abkhaz ASSR on 25 August 1990 “State Sovereignty of the Soviet Socialist Republic of Abkhazia” and decree on “Legal Guaranties for State protection “ null and void and having no legal force.
2. Commission, set up pursuant to the decree issued by the Supreme Council of the Georgian SSR - composed of experts, scientists, representatives of civil society and studying the issue of legal guaranties for state protection of the Abkhaz ASSR, shall submit, in the nearest future, proposals to the Presidium of the Supreme Council of the Georgian SSR for further deliberation.
The Chairman of the Presidium of the Supreme Council of the Georgian SSR G. Gumbaridze
The Secretary of the Presidium of the Supreme Council of the Georgian SSR V. Kvaratskhelia
26 August 1990
(Bulletin of the Supreme Council of the Georgian SSR, 1990, # 8, p. 15-16)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE ABKHAZ ASSR on the 10th Session of the Supreme Council of the Abkhaz ASSR of the 11th Convocation
Having addressed the report of the Deputy Chairman of the Presidium of the Supreme Council of the Abkhaz ASSR V.G. Kholbaia “on the 10th Session of the Supreme Council of the Abkhaz ASSR”, the Supreme Council of the Abkhaz ASSR gathered at its extraordinary Session notes that on 25 August 1990 the group of deputies of the Supreme Council of the Abkhaz ASSR adopted the resolution “On legal guaranties of the State Protection” and the Declaration “On state Sovereignty of the Soviet Socialist Republic of Abkhazia”.
Groundless and malicious accusations toward Georgia and Georgian people, ignorance of historical justice reflected in the reports and speeches and formalized in the issued Decree lead to the confrontation and destabilization.
The Supreme Council and the leadership of the Presidium failed to march in step with the process of reforms and democratization.  They failed to elaborate recommendations in order to solve the accumulated problems, including the problems relating to the inter-ethnic relations. For more than a year and a half we have failed to convene the session and discuss already matured vital important issues, those that shall be solved expeditiously.
But since June of this year the leadership of the Supreme Council has made several attempts to discuss the main issues without prior consultations with the public and deputies.  Consequently the thousands of working people at their meetings and gatherings expressed their negative attitude toward the idea of the state sovereignty of Abkhazia unilaterally formulated by certain groups of people.
Expressing their attitude to the Session of 28 July 1990, more than 80 deputies of the Supreme Council of the Abkhaz ASSR out of 140 boycotted it.  A large group of the Soviet and Party officials, representatives of the working people, many citizens of Abkhazia protested the Decree of the Presidium.  The meeting of the People’s Deputies of all levels, representing the vast majority of the population of Abkhazia adopted the declaration on 23 August on holding the session on August 25 of this year with the noted agenda.  However, these valid requests, aimed at normalization of the situation at the Supreme Council, haven’t been heard and responded by the Presidium.
On 25 August 1990 the group of deputies arbitrarily gathered themselves in the session Hall of the Supreme Council of the Abkhaz ASSR.  Some of them where delivered there against their will.  The supreme Council made an attempt to declare the independence of Abkhazia without taking into account the desire of the vast majority of the indigenous population, considering that the Abkhazs “are authorized” to live in their common homeland - Georgia on the basis of a treaty-relation.
Confidentially prepared draft of the declaration hasn’t been published.  Even the most of the Deputies of the Presidium knew nothing about the declaration that became unexpected surprise for the deputies that had gathered at the hall.  The organizers of the session hesitated to include into agenda the issue regarding the declaration.
The preparation of the session and its conduct was a vivid example of the usurpation of the sovereign rights of the people and such conduct cannot be abandoned without the adequate response and reasonable counter-measures.
We reaffirm that all people have undeniable right to determine the own destiny but we have to give a political assessment to the situation established in Abkhazia and to those acts the decision on state independence is based on.
In accordance with the Decree of the Presidium of the Supreme council of the Georgian SSR of 26 August 1990 “on the Decision Taken by the Supreme Council of the Abkhaz ASSR on 25 August 1990”, the issued documents shall be recognized null and void and having no legal force…
The Supreme Council of the Abkhaz ASSR decrees:
1. To abrogate anti-Constitutional, unlawful and legally groundless Decision taken by the Supreme Council of the Abkhaz ASSR on 25 August 1990 “On legal Guaranties of the State protection of Abkhazia” that violates the territorial integrity of Georgia and to denounce “the Declaration on Abkhazia’s State Sovereignty” as it runs counter to the legal interests of the vast majority of the population of Abkhazia.
2. To condemn the accusations toward Georgia and Georgian people announced at the Session on 25 August 1990.  Such allegations do not correspond to the historical justice and lead the confrontation and destabilization.
3. To endorse the Decree of the Presidium of the Supreme Council of the Georgian SSR of 26 August 1990 “on the Decision Taken by the Supreme Council of the Abkhaz ASSR on 25 August 1990” as the document responding to the legal interests of the vast majority of the population of Abkhazia.
4. To set up a Commission of Deputies for investigation the facts of breach of the regulations, procedural issues and order of registration of deputies, as well as the facts of exerting influence upon certain deputies using unlawful and non-democratic methods, which took place at the Session on 25 August 1990.
8. To forward this Decree to the Supreme Council of the USSR, Supreme Council of the Georgian SSR and Supreme Council of the RSFSR; to publish the Decree in press.
The Deputy Chairman of the Presidium of the Supreme council of the Abkhaz SSR V. Kholbaia
For the Secretary of the Presidium of the Supreme council of the Abkhaz SSR R. Salukvadze
31 August 1990
(Newspaper “Sabchota Abkhazeti” # 171, 6 October 1990)


DECISION TAKEN BY THE 14TH SESSION OF THE OBLAST COUNCIL OF THE PEOPLE’S DEPUTIES OF THE SOUTH OSSETIAN AUTONOMOUS OBLAST OF THE 20TH CONVOCATION on reorganization of the South Ossetian Autonomous Oblast into the Soviet Democratic Republic of South Ossetia
The 14th Session of the Oblast Council of the People’s Deputies of the South Ossetian Autonomous Oblast of the 20th convocation decides:
1. To reorganize the South Ossetian Autonomous Oblast into the Soviet Democratic Republic of South Ossetia.
2. To appeal to the Supreme Council of the USSR to include the Soviet Democratic Republic of South Ossetia within the USSR as an independent subject.
3. To appeal to the Union Republics of the USSR to conclude the union-treaties on friendship, cooperation and mutual assistance with the Soviet Democratic Republic of South Ossetia.
Chairman of the Ispolcom of the Council
of People’s Deputies of the South Ossetian Autonomous Oblast F. Zaseev
Secretary of the Ispolcom of the Council
of People’s Deputies of the South Ossetian Autonomous Oblast I. Kokoev
20 September 1990
(Newspaper “Sovetskaia Ossetia”, # 180, 22 September 1990)


DECLARATION of State sovereignty of the Soviet Democratic Republic of South Ossetia
The Council of People’s Deputies of the South Ossetian Autonomous Oblast, expressing the will of the people of the South Ossetia, acknowledging the responsibility to the destiny of the Ossetian nation, recognizing the undeniable right of the Ossetian people to free self-determination… declares:
The South Ossetian Autonomous Oblast as the South Ossetian Soviet Democratic Republic (SOSDR in short) within the USSR; the State sovereignty as the superiority; independence and full state power within the borders of its territory; authorization of its laws; independence of the Republic in foreign relations.
(…)
Intrinsic and necessary condition for further development of the Ossetian Soviet Democratic Republic is its full independence in decision-making on political, social and economic spheres outside the issues voluntarily rendered within the competence of the USSR after admission of the SOSDR to the USSR.  The integral rights of the South Ossetian Soviet Democratic Republic, as a sovereign State, shall be realized pursuant to the universally recognized norms of the international law.
(…)
The people of the South Ossetia are the sole source of state power in the South Ossetian Soviet Democratic Republic.
The State power of the South Ossetia shall be exercised:
- on the basis of the Constitution of the USSR and the Constitution of the South Ossetian Soviet Democratic Republic that secure the sovereignty, equality and security of the SOSDR;
(…)
Outside of competences voluntarily rendered to the USSR, the South Ossetian Soviet Democratic Republic is free in decision-making of its internal and foreign policy…
If the law or other legal acts of the USSR contradict to the sovereign rights and legal interests of the South Ossetia, the effect of such acts in the territory of South Ossetia shall be suspended by the supreme state power of the SOSDR and the appropriate decision shall be made by the relevant agency.
(…)
The SOSDR grants the state citizenship on its territory.
Every citizen of the SOSDR retains the citizenship of the USSR.
(…)
The state languages of the South Ossetian Soviet Democratic Republic are Ossetian, Georgian and Russian.
(…) The State security of the SOSDR shall be secured:
- internal security - by municipal formations of the militia and the Ministry of Interior of the USSR, state security - by principles of the peaceful co-existence, cooperation and non-interference in internal affairs of other States and people; in case of offence against South Ossetia the state security shall be protected by the military troops of the USSR where the soldiers from the SOSDR perform the military service.
(…)
The SOSDR, as a subject of the USSR and the subject to the International Law shall independently exercise foreign affairs in compliance to the agreements concluded on the basis of equality, mutual-respect and principles of non-interference in internal affairs of any other state.
The SOSDR shall have special relations with the North Ossetia.
Affirming the unity of history, culture, language and interests of the national development, these relations shall be based on priority of cultural and economic integration of the SOSDR and the North Ossetian ASSR (NOASSR).
(…)
SOSDR shall have its National Emblem, Flag and Anthem.
(…)
The principles of this Declaration of the State Sovereignty of the South Ossetian Soviet Democratic Republic shall be the basis for:
- admission to the USSR as an independent subject; adoption of Constitution and Laws of the SOSDR;
- determination of rights and competences of the SOSDR as an independent subject to the Union Treaty;
- participation in the Union Treaty.
20 September 1990
(Newspaper “Sovetskaia Ossetia”, # 193. 13 October 1990)


DECISION TAKEN BY THE 14TH SESSION OF THE SOUTH OSSETIAN OBLAST COUNCIL OF THE PEOPLE’S DEPUTIES OF THE 20TH CONVOCATION on the laws valid in the territory of the South Ossetian Autonomous Oblast.
The 14th session of the South Ossetian Oblast Council of the People’s Deputies of the 20th convocation notes that the Supreme Council of the Georgian SSR at its sessions in November 1989 and in 9 March and 20 July of 1990 adopted the resolutions on declaration of the restoration of the state independence. They recognize the Treaty of 7 May 1920 between Georgia and Russia as the only legal instrument for the existence of the Republic of Georgia.
Establishment of the Soviet Power in Georgia in February of 1921 is assessed as the overthrowing of the legal power of the Georgian Democratic Republic. All existing state structures and agreements concluded after February 1921 are declared null and void, including Union Treaty of 30 December 1922 on establishment of the USSR.
As the South Ossetian autonomous oblast has been established after February 1921, and at the same time pursuant to the aforementioned resolutions of the Supreme Council of Georgia it is declared as illegal and void, the Constitution of the USSR and the Law of the USSR in accordance of Article 74 are only legal guarantors for existence of the South Ossetian Autonomous Oblast.
Based upon aforementioned the 14th Session of the South Ossetian Oblast Council of the People’s Deputies of the 20th convocation decides:
To recognize the Constitution of the USSR and other legal acts of the USSR as the only instruments having legal force at the territory of the South Ossetian autonomous oblast.
Chairman of the Ispolcom
of the People’s Deputies of the South Ossetian Autonomous Oblast F. Zaseev
Secretary of the Ispolcom
of the People’s Deputies of the South Ossetian Autonomous Oblast I. Kokoev
20 September 1990
(Newspaper “Sovetskaia Ossetia”, # 203, 27 October 1990)


EXTRACT FROM THE DECISION OF THE 14th SESSION OF THE SOUTH OSSETIAN OBLAST COUNCIL OF PEOPLE’S DEPUTIES OF THE 20TH CONVOCATION on Moratorium of Purchasing and Selling the Houses and on “propiska” Procedures on the Territory of the Oblast.
Taking into account serious complication of demographic situation in the Oblast, unlawful purchasing of real estates, unauthorized appropriation of land, breach of passport regime and increasing pressure on the authorities of the Oblast from the side of informal organizations of the Republic aimed at unlawful possession of land, as well as forcible deportation of Ossetian ethnic from the villages with Georgian majority of population, the 14th Session of the South Ossetian oblast Council of People’s Deputies of the 20th Convocation decrees:
1. To declare the moratorium on purchasing and selling the real estates and houses without prior approval of the Commission on Refugees and Displaced persons of the Oblast Council.
Chairman of the Ispolcom of the Council
of People’s Deputiesof the South Ossetian Autonomous Oblast F. Zaseev
Secretary of the Ispolcom of the Council
of People’s Deputies of the South Ossetian Autonomous Oblast I. Kokoev
20 September 1990
(Newspaper “Sovetskaia Ossetia”, # 202, 26 October 1990)
 

DECISION TAKEN BY THE 14TH SESSION OF THE SOUTH OSSETIAN OBLAST COUNCIL OF THE PEOPLE’S DEPUTIES OF THE 20TH CONVOCATION on Declaration the South Ossetian Autonomous Oblast as a Free Zone of Economy
The 14th Session of the South Ossetian oblast Council of the People’s Deputies of the 20th Convocation decrees:
1. To declare the South Ossetian Autonomous Oblast as a Free Zone of Economy.
2. To set up Commission for elaboration of the directions for introduction of free economic zone in the territory of the South Ossetia.
(…)
The Commission in three-month term shall elaborate the proposals on the aforementioned issue to be discussed by the Ispolcom of the Council of people’s Deputies of the South Ossetian Autonomous Oblast.
3. The Ispolcoms of Java, Znauri, Leningori and Tskhinvali Districts of the Councils of people’s deputies within a month shall discuss and decide the issue on determination of specialization of the zones in the region and the materials shall be submitted to the Oblast Commission and the Oblispolcom of the South Ossetia.
Chairman of the Ispolcom of the Council
of People’s Deputies of the South Ossetian Autonomous Oblast F. Zaseev
Secretary of the Ispolcom of the Council
of People’s Deputies of the South Ossetian Autonomous Oblast I. Kokoev
20 September 1990
(Newspaper “Sovetskaia Ossetia”, # 187, 26 October 1990)


DECISION TAKEN BY THE 14TH SESSION OF THE SOUTH OSSETIAN OBLAST COUNCIL OF THE PEOPLE’S DEPUTIES OF THE 20TH CONVOCATION on performance of military service in the Soviet Army by the conscripts from the South Ossetia
The 14th Session of the Oblast Council of People’s Deputies of 20th convocation of the South Ossetia notes that as a result of unstable political situation and tensed inter-ethnic relations in the USSR, in some of republics, including Georgia, a mass rejection to serve in the Soviet Army has been observed over recent years.  The Supreme Council of Georgia took a decision on so-called “Alternative Military Service” that permits the conscripts of Georgian nationality to perform the military service on the territory of the Republic of Georgia within the internal formations.
The conscripts from the South Ossetia for over the years have performed their military duties before the homeland in dignity but due to the drastic changes of the inter-ethnic relations the condition of Ossetian conscripts is getting difficult and there is vital necessity to protect the interests of the youth of South Ossetia.
Proceeding from the aforementioned, the 14th Session of the Oblast Council of People’s Deputies of 20th convocation of the South Ossetia decides:
To address to the General Headquarter of the Military Forces of the USSR to decide the issue on performing the military service of conscripts from the South Ossetia in the military units deployed on the territory of the South Ossetian Autonomous oblast or in the North Ossetian SSR.
Chairman of the Ispolcom of the Council
of People’s Deputies of the South OssetianAutonomous Oblast F. Zaseev
Secretary of the Ispolcom of the Council
of People’s Deputies of the South Ossetian Autonomous Oblast I. Kokoev
20 September 1990
(Newspaper “Sovetskaia Ossetia”, # 202, 26 October 1990)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE GEORGIAN SSR on Decision Taken on 20 September 1990 by the Oblast Council of the People’s Deputies of the Autonomous Oblast of the South Ossetia
Having addressed the decision taken by the Oblast Council of the Peoples’ Deputies of the Autonomous Oblast of the South Ossetia on Sovereignty and Political Status of the South Ossetia, the Supreme Council of the Georgian SSR regards the aforementioned decision, aimed at changing the nation-state and administrative-territorial arrangement of the Georgian SSR, violation of the state sovereignty of Georgia, as an absolutely groundless step and constitutes the gross violation of constitutions of the Georgian SSR and the USSR, as well as violation of the law on the Peoples’ Deputies of the Autonomous Oblast of the South Ossetia.
At the same time, the session was held under intense pressure of those persons who are not deputies and in gross violation of the constitutional and procedural norms. Such a decision, taken in gross violation of the Constitution of the Republic is groundless and unacceptable not only in legal terms, but also runs counter to the best interests of all people residing in Georgia and may provoke inter-ethnic tension.
The Presidium of the Supreme Council of the Georgian SSR decrees:
1. To declare the decision taken on 20 September 1990 by the Oblast Council of the
Peoples’ Deputies of the Autonomous Oblast of the South Ossetia on Sovereignty and Political Status of the South Ossetia as null and void and having no legal force.
2. To entrust the Oblast Council of the Peoples’ Deputies of the Autonomous Oblast of the South Ossetia and its Executive Committee, with a task of taking all necessary measure aimed at securing strict adherence to the requirements of the Constitutions of the USSR and the Georgian SSR and the law on the Peoples’ Deputies of the Autonomous Oblast of the South Ossetia;
3. Conclusions of the special Committee on the political status of the Autonomous Oblast of South Ossetia - set up on 18 November 1988 pursuant to the decree by the Supreme Council of the Georgian SSR - shall be sent to the Oblast Council of the Peoples’ Deputies of the Autonomous Oblast of the South Ossetia.
Chairman of the Presidium of the Supreme Council of the Georgian SSR G. Gumbaridze
Secretary of the Presidium of the Supreme Council of the Georgian SSR V. Kvaratskhelia
21 September 1990
(Bulletin of the Supreme Council of the Georgian SSR, 1990, # 9, p. 9)
 

DECREE  ISSUED BY THE SUPREME SOVIET OF THE USSR on Consultations and Drafting of the Concept of the new Union Treaty
The Supreme Soviet of the USSR Decrees:
1. To take notice of the information of the Chairman of Soviet of Nationalities comrade R.N. Nishanov on consultations with the representatives of the Union and Autonomous Republics, political parties and movements on elaboration of the concept of the new Union Treaty held in July-September, 1990.
2. To stress on the fact that the majority of representatives of the Republics in the course of consultations showed the community of views to the new shape of the Union, transition to the all-Union market and provision of state security that lay a sufficient ground to further elaboration of the concept of the new Union Treaty.
3. To take into account, in the process of concept elaboration, the comments and remarks expressed by the People’s Deputies of the USSR at the discussions of this issue, as well as the recommendations by the committees of the Supreme Soviet of the USSR and of the standing committees of Chambers.
4 To endorse the proposal by the President of the USSR on setting up the Preparatory Committee on elaboration of the Concept and the draft of the new Union Treaty; the Committee shall compose of plenipotentiary representatives of the Union Republics, the President of the USSR, the Chairman of the Supreme Soviet of the USSR and the Chairman of the Council of Ministers of the USSR.
To consider reasonable participation of representatives of the autonomous               republics, autonomous oblasts and autonomous okrugs in the work of the preparatory           Committee.
Chairman of the Supreme Soviet of the USSR A. Lukianov
Moscow, Kremlin, 1 October 1990
(Bulletin of the Peoples’ Deputies Congress of the USSR and the Supreme Council of the USSR, M., 1989, # 41, p. 1001-1002)


DECISION TAKEN BY THE 15TH (1) SESSION OF THE  COUNCIL  OF THE PEOPLE’S DEPUTIES OF THE SOUTH OSSETIAN SOVIET DEMOCRATIC REPUBLIC concerning the Decree of the Presidium of the Supreme Council of the Georgian SSR of 21 September 1990
15th (1) session of the People’s Deputies of the South Ossetian Soviet Democratic Republic reaffirms its decision adopted on 20 September 1990 at its 14th session on reorganization of the South Ossetian Autonomous Oblast into the South Ossetian Soviet Democratic Republic and notes that the decision has been adopted in accordance to Article 74 of the Constitution of the USSR and the 1st, 2nd and 3rd Articles of the USSR law on separation of competences between the USSR and the subjects of the federation.  The 14th session ran in a composed and business atmosphere respecting all procedural norms and without placing pickets, going into strike or using the other forms of pressure.
Based upon the mentioned above, the 15th (1) session of the People’s Deputies of the South Ossetian Soviet Democratic Republic endorses its decisions adopted at its 13th and 14th sessions and considers them valid.
The Chairman of the Interim Executive Council
of the South Ossetian Soviet DemocraticRepublic T. Kulumbegov
The Secretary of the Interim Executive Council
of the South Ossetian Soviet DemocraticRepublic K. Kokoev
16 October 1990
(Newspaper “Sovetskaia Ossetia”, # 197, 19 October 1990)


DECREE OF THE 15TH SESSION OF  THE  COUNCIL OF THE PEOPLE’S DEPUTIES OF THE SOUTH OSSETIAN SOVIET DEMOCRATIC REPUBLIC on the Law of the USSR “on Property in the USSR”
In accordance to the law of the USSR “on Property in the USSR” (chapter IV, Article 20, paragraph 1) the land and entrails, waters, flora and fauna are integral property of the people of South Ossetia.
The Democratic Republic of South Ossetia within the frame of the legislation of the USSR and its own legal acts shall exercise possession, appropriation and management of land and other natural resources on its territory.
Chairman of the Interim Executive Committee
of the Democratic Republic of South Ossetia T. Kulumbegov
Secretary of the Interim Executive Committee
of the Democratic Republic of South Ossetia I. Kokoev
16 October 1990
(Newspaper “Sovetskaia Ossetia”, # 199, 23 October 1990)


DECISION TAKEN BY THE 15TH (1) SESSION OF THE  COUNCIL  OF THE PEOPLE’S DEPUTIES OF THE SOUTH OSSETIAN SOVIET DEMOCRATIC REPUBLIC on the attitude towards the election of Deputies to the Supreme Council of the Georgian SSR
The decision of the 14th session of the South Ossetian Oblast Council of the People’s Deputies has reorganized the South Ossetian Autonomous oblast into the South Ossetian Soviet Democratic Republic.
The 15th (1) session of the People’s Deputies of the South Ossetian Soviet Democratic Republic decides:
1. To declare illegal the functioning of the polling districts and stations, as well as participation of the population in the election of the Supreme Council of Georgia on the territory of the South Ossetia.
2. To ask the Central Electoral commission of Georgia for abolishment of the district electoral commissions created at the territory of the South Ossetia.
The Chairman of the Interim Executive Council
of the South Ossetian Soviet Democratic Republic T. Kulumbegov
The Secretary of the Interim Executive Council
of the South Ossetian Soviet Democratic Republic K. Kokoev
16 October 1990
(Newspaper “Sovetskaia Ossetia”, # 202, 26 October 1990)  


DECISION TAKEN BY THE 15TH (1) SESSION OF THE  COUNCIL  OF THE PEOPLE’S DEPUTIES OF THE SOUTH OSSETIAN SOVIET DEMOCRATIC REPUBLIC on the letter of 9th session of the South Ossetian oblast Council of 6 May 1989 regarding the condemnation of the authors of “The Letter to Abkhaz Friends”
As it is known, the 9th session of the South Ossetian oblast council of the 20th convocation on 6 May 1989 sent a letter to the Supreme Council of the Georgian SSR condemning the authors of “The Letter to Abkhaz Friends” where the authors expressed their concern with regard of informal organizations of Georgia, which bred the tense in Abkhazia.  The same letter also voiced certain dismay about possible inter-ethnic conflict in the Abkhaz SSR.
On the basis of the declaration of the 9th session, some of the authors of the letter were brought to the criminal liability under Article 74 of the Criminal Code of Georgia.
Inter-regional group of Deputies of the 15th session of the People’s Deputies of the South Ossetian Democratic Republic expressed its protest against this decision on 16 October 1990 and demanded to re-consider this issue.
The eminent lawyers learnt the text of the letter in 1989 and found nothing to be used for criminal prosecution against the authors.  All the more, the prognosis of the letter came true.
Proceeding from the aforementioned, the 15th session of the People’s Deputies of the South Ossetian Democratic Republic decides:
1. To consider unlawful the criminal prosecution against the authors of the “Abkhaz Letter” of A. Parastaev, A. Tskhovrebov, A. Chochiev.
2. To file the motion to the Prosecutor’s office of the South Ossetian Democratic Republic on termination of the criminal prosecution against A. Parastaev, A. Tskhovrebov, A. Chochiev.
3.  To file the motion to the Prosecutor’s Office of the South Ossetian democratic Republic to bring to justice those Deputies of 9th session that cast aspersions on the authors of the letter.
4. To publish in the Oblast newspaper the Decree adopted by the 15th Session.
To forward the copy to the Prosecutor’s Office of the Georgian SSR.
5. To forward the copy of the decree together with the text of “Abkhaz Letter” to the Prosecutor’s Office of the USSR.
Chairman of the Interim Executive Committee
of the Democratic Republic of South Ossetia T. Kulumbegov
Secretary of the Interim Executive Committee
of the Democratic Republic of South Ossetia  I. Kokoev
16 October 1990
(Newspaper “Sovetskaia Ossetia”, #199, 23 October 1990)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE GEORGIAN SSR on the Decision to change the status of the Oblast taken by the Oblast Council of the People’s Deputies of the Autonomous Oblast of the South Ossetia.
The Supreme Council of the Georgian SSR notes with a deep concern that recent separatist movement is gaining momentum in the Autonomous Oblast of South Ossetia, thereby undermining territorial integrity and sovereignty of the Republic of Georgia.
The very telling proof of the aforementioned is a decision taken by the Oblast Council of the Peoples’ Deputies of the Autonomous Oblast of the South Ossetia on turning the Oblast into the so-called “The Soviet Democratic Republic of South Ossetia”.
Through its decree of 21 September 1990, the Supreme Council of the Georgian SSR declared null and void and invalidated the decision, dated 20 September 1990, taken by the Oblast Council of the Peoples’ Deputies of the Autonomous Oblast of the South Ossetia.
However, on 16 October 1990 the 15th session of the Council of Autonomous Republic was summoned that endorsed its previous decision and elected so-called “ Executive Committee of the Soviet Democratic Republic of South Ossetia” and adopted temporary procedure for elections to the Supreme Council of the Soviet Democratic Republic of South Ossetia and to local councils of the South Ossetia. The elections are to be held on 2 December 1990:
The Supreme Council of the Republic of Georgia decrees:
To declare null and void the decision of the Oblast Council of the Peoples’ Deputies of the Autonomous Oblast of the South Ossetia on turning the Oblast into the so-called “The Soviet Democratic Republic of South Ossetia” and all attendant decisions, including the one on holding elections on 2 December 1990, since these decisions are not in conformity with the current Constitution of Georgia, either with the Constitution of the USSR and the decree of the Supreme Council of Georgia, dated 2 September 1990.
The Supreme Council of the Republic of Georgia calls upon all citizens residing in the Autonomous Oblast of South Ossetia, especially ethnically Ossetians, to demonstrate common sense, political far-sightedness and adequately assess the dangerous activities of the separatist forces that may well result in general destabilization and attendant dire consequences.
The Supreme Council of the Republic of Georgia declares that it will continue its unswerving struggle for territorial integrity and sovereignty of the Republic of Georgia. At the same time, it reaffirms its determination to protect, in full conformity with the universally recognized principles of human rights, fundamental freedoms and rights of ethnic minorities residing in Georgia.
The Chairman of the Supreme Council of the Republic of Georgia Z. Gamsakhurdia
22 November 1990
(Bulletin of the Supreme Council of the Republic of Georgia, 1990, # 11, p. 57-58)


DECISION OF THE 16TH (2) SESSION OF THE  COUNCIL  OF THE PEOPLE’S DEPUTIES OF THE SOUTH OSSETIAN SOVIET DEMOCRATIC REPUBLIC to Rename the South Ossetian Soviet Democratic Republic as the South Ossetian Soviet Republic
The 16th (2) session of the People’s Deputies of the Republic decides:
1. To Rename the South Ossetian Soviet Democratic Republic as the South Ossetian Soviet Republic.
The Chairman of the Ispolcom of the Council
of the People’s Deputies of the South OssetianSoviet Republic T. Kulumbegov
The Secretary of the Ispolcom of the Council
of the People’s Deputies of the South OssetianSoviet Republic K. Kokoev
28 November 1990
(Newspaper “Sovetskaia Ossetia”, # 226, 1 December, 1990)  


DECISION TAKEN BY THE 16TH (2) SESSION OF  THE  COUNCIL  OF  THE  PEOPLE’S DEPUTIES OF THE SOUTH OSSETIAN SOVIET REPUBLIC on the status of the South Ossetian Soviet Republic
Having discussed the draft of a new Union Treaty, the 16th (2) session of the Council of the People’s Deputies of the South Ossetian Soviet Republic decides:
1. To ask repeatedly the Congress of the People’s Deputies of the USSR, The Supreme Council of the USSR for the recognition of the South Ossetian Soviet Republic, as a subject to the Federation and its consideration as a full-fledged Party when a new Union Treaty is being signed.
2. To entrust the People’s Deputies of the USSR from the South Ossetia with the task of informing the participants of the Fourth Congress of the People’s Deputies of the USSR about the current decision.
The Chairman of the Ispolcom of the Council
of the People’s Deputies of the South Ossetian Soviet Republic T. Kulumbegov
The Secretary of the Ispolcom of the Council
of the People’s Deputies of the South Ossetian Soviet Republic K. Kokoev
28 November 1990
(Newspaper “Sovetskaia Ossetia”, # 226, 1 December 1990)  


DECISION TAKEN BY THE 16TH (2) SESSION OF THE  COUNCIL  OF THE PEOPLE’S DEPUTIES OF THE SOUTH OSSETIAN SOVIET REPUBLIC on changes of the title of the Interim Executive Council of the People’s Deputies of the South Ossetian Soviet Democratic Republic
The 16th (2) session of the Council of the People’s Deputies of the South Ossetian Soviet Republic decides:
To exclude from the title of the “Interim executive council of the People’s Deputies of the South Ossetian Soviet Democratic Republic” the words “interim” and “democratic” and hereinafter call it the Executive Council of the People’s Deputies of the South Ossetian Soviet Republic.
The Chairman of the Ispolcom of the Council
of the People’s Deputies of the South Ossetian Soviet Republic T. Kulumbegov
The Secretary of the Ispolcom of the Council
of the People’s Deputies of the South Ossetian Soviet Republic K. Kokoev
28 November 1990
(Newspaper “Sovetskaia Ossetia”, # 226, 1 December 1990)  


DECISION OF THE 16TH (2) SESSION OF THE  COUNCIL  OF THE PEOPLE’S DEPUTIES OF THE SOUTH OSSETIAN SOVIET REPUBLIC on the attitude towards the Resolution issued on 22 November 1990 by the newly elected Supreme Council of the Republic of Georgia “On Decision of the South Ossetian Autonomous Oblast on changing the status of the Oblast”
The 16th (2) session of the Council of the People’s Deputies of the South Ossetian Soviet Republic decides:
1. To endorse and keep valid the decisions of 13th, 14th and 15th sessions of the Council of People’s Deputies of the South Ossetia relating to the legal status and the election of the People’s Deputies to the Supreme Council of the South Ossetian Soviet Republic of 9 December 1990.
2. To deliver the information regarding this Decision to the President of the USSR Comr. Gorbachev, the Supreme Council of the USSR and the Fourth Congress of the People’s Deputies of the USSR.
The Chairman of the Ispolcom of the Council
of the People’s Deputies of the South Ossetian Soviet Republic T. Kulumbegov
The Secretary of the Ispolcom of the Council
of the People’s Deputies of the South Ossetian Soviet Republic K. Kokoev
28 November 1990
(Newspaper “Sovetskaia Ossetia”, # 226, 1 December 1990)  


LAW OF THE ABKHAZ ASSR on changes and amendments to the Constitution (Basic Law) of the Abkhaz ASSR
Article 102. The Presidium of  the Supreme Council of the Abkhaz ASSR shall be fully accountable to the Supreme Council of the Abkhaz ASSR exercising the organizational activity of the Supreme Council of the Abkhaz ASSR and fulfilling other authorities within the framework determined by the Constitution of the Abkhaz ASSR and other laws of the Abkhaz ASSR.
The Presidium of the Supreme Council shall consist the following officials: Chairman of the Supreme Council of the Abkhaz ASSR, deputy chairmen of the Supreme Council of the Abkhaz ASSR, Chairman of the Chamber of Control of the Abkhaz ASSR, chairmen of the standing Commissions of the Supreme Council of the Abkhaz ASSR.
The Chairman of the Supreme Council of the Abkhaz ASSR leads the Presidium of the Supreme Council of the Abkhaz ASSR.  After the expiration of the term of authority of the Supreme Council of the Abkhaz ASSR the Presidium reserves its authority until the first sitting of the newly elected Supreme Council of the Abkhaz ASSR.
Article 103. The Presidium of the Supreme council of the Abkhaz ASSR shall:
1) convene the sessions of the Supreme Council of the Abkhaz ASSR;
2) arrange the sittings of the Session of the Supreme Council of the Abkhaz ASSR;
3) coordinate the work of standing commissions and sub-commissions of the Supreme Council of the Abkhaz ASSR;
4) assist the People’s Deputies of the Abkhaz ASSR to exercise their authority and provide the necessary information;
5) approve the date for, and coordinate the election of the people’s deputies for the local councils of the Abkhaz ASSR;
6) coordinate the preparatory works and hold the referendum as well as the nation-wide discussion of the draft laws of the Abkhaz ASSR and other principal issues of the State life;
7) establish the memorial or other national days of the Abkhaz ASSR;
8) institute and award honourable titles and decorations of the Abkhaz ASSR;
9) publish in Abkhaz, Georgian and Russian languages the shorthand of reports and other acts issued by the Supreme Council of the Abkhaz ASSR, the Presidium of the Abkhaz ASSR and the Chairman of the Supreme Council of the Abkhaz ASSR;
10) The Presidium of the Abkhaz ASSR shall issue the Orders and Decrees, which shall be considered adopted if the majority of the Presidium has voted in favour.
(…)
Chairman of the Presidium of the Supreme Council of the Abkhaz ASSR V. Ardzinba
4 December 1990
(Newspaper “Sovetskaia Abkhazia”, # 236, 8 December 1990)    


LAW of the Republic of Georgia on Abolition of the Autonomous Oblast of the South Ossetia
The separatist forces active in the Autonomous Oblast of the South Ossetia are seeking through the creation of the so-called “ Soviet Republic of South Ossetia” to usurp the state power, violate territorial integrity of the Republic of Georgia and separate its historical and integral part from Georgia. Such actions contradict not only the Constitution of the Republic of Georgia, but also the Constitution of the USSR and basic principles of the International Law.
Despite the numerous warnings of the supreme Authorities of the Republic of Georgia aimed to put an decisive end to the illegal actions undertaken by the self-proclaimed authorities of the Autonomous Oblast, on November 9, separatists held elections of the Supreme Council of the so called “ Soviet Republic of South Ossetia”, thereby posing serious threat to the territorial integrity of the Republic of Georgia.
Taking into consideration the fact that the Autonomous Oblast of South Ossetia was established in 1922 in full disrespect of the local Georgian population and contradicted the best interest of the Georgian people and bearing in mind the fact that the Ossetian people have their statehood on their historical homeland - the North Ossetia and that only insignificant portion of ethnic Ossetians live in the Autonomous Oblast of South Ossetia, where they enjoy, and will continue enjoying wide cultural autonomy rights, pursuant to the paragraphs 3 and 11 of Article 104 of the Constitution of the Republic of Georgia, the Supreme Council of the Republic of Georgia decrees:
1. To abolish the Autonomous Oblast of South Ossetia.
2. To abolish the Council of Peoples’ Deputies of the Autonomous Oblast of South Ossetia, its executive and steering body - the Executive Committee and other state bodies of the Autonomous Oblast.
3. To declare invalidated the Decree # 2 of 20 April 1922 adopted by the Georgian Central Executive Committee and the Council of Peoples’ Commissars of Georgia on “Establishment of the Autonomous Oblast of South Ossetia” and the Georgian SSR law on “The Autonomous Oblast of South Ossetia”.
4. To endorse previous decisions of the highest Authorities of the Republic of Georgian on anti-constitutionality of decisions made by the separatists on declaring the Autonomous Oblast of South Ossetia the Soviet Republic of South Ossetia.
To declare as illegal and invalidated the elections of the Supreme Council of the so-called “the Soviet Republic of South Ossetia” held on 9 December 1990.
5. The special Commission on the Rule of Law and Protection of Legal Acts of the Supreme Council of the Republic of Georgia shall submit proposals on introduction of necessary amendments to the Constitution and other legal acts of the Republic of Georgia.
6. The Council of Ministers of the Republic of Georgia shall:
- submit its proposals to the Supreme Council of the Republic of Georgia on administrative-territorial arrangement of the former Autonomous Oblast of South Ossetia;
- carry out all necessary measures, envisaged by the Georgian legislature, to secure public order on the territory of the former Autonomous Oblast of South Ossetia and prevent self-declared, illegal separatist bodies from carrying out their destructive activities;
- secure full conformity of decisions of the Georgian Government with this law.
1. The Prosecutor’s Office of the Republic of Georgia shall discuss and make decision on bringing to justice those individuals who have disobeyed the decision of the supreme authorities of Georgia, grossly violated Constitutionally defined rules and procedures of elections and abused power of office.
2. This law shall come into force immediately upon adoption.
Chair of the Supreme Council of the Republic of Georgia Z. Gamsakhurdia
11 December 1990
(Bulletin of the Supreme Council of Georgia, 1990, # 12, p. 10-12)     


DECREE ISSUED BY HE PRESIDIUM OF THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on Introduction of State of Emergency on the territory of town of Tskhinvali and the Java District.
The Presidium of the Supreme Council of the Republic of Georgia notes that recently, as result of illegal and criminal activities of separatist forces on the territory of former Autonomous Oblast of South Ossetia, namely in Tskhinvali, situation has been extremely deteriorated; anti-Constitutional elections were held, the separatists declared he so called “Soviet Republic of South Ossetia”, the self-imposed adventurous elements have usurped power, thereby posing serious threat to civil peace, a number of terrorist acts have been committed. Today, on one of the central streets of Tskhinvali, three citizens have been killed and three wounded through usage of machine gun.
In order to protect State Sovereignty of Georgia, assure the security of citizens, restore the rule of law and order and to achieve early normalization of the overall situation, pursuant to Paragraph 7 of Article 113 of the Constitution of the Republic of Georgia, the Presidium of the Supreme Council of the Republic of Georgia decrees:
1. To introduce a State of Emergency on the territory of town of Tskhinvali and the Java district beginning from 12 December 1990. The state of emergency shall continue a month.
2. To introduce Curfew on the territory of Tskhinvali and the Java district beginning from 22:00h of 12 December 1990. The duration of Curfew shall be from 22:00h to 07:00h.
3. The Minister of Interior of the Republic of Georgia shall be entitled with a mandate of appointing and/or dismissing the Commandant of town of Tskhinvali and the Java district.
4. In order to protect human rights of citizens and maintain public order, secure proper functioning of public utilities and organizations, the armed forces of the Ministry of Interior, Ministry of State Security and military units of the Ministry of Interior of the USSR deployed in Tskhinvali and the Java district shall be used. Those laws and rules that respect the sovereign rights of the Republic of Georgia shall guide these forces.
(…)
9. This Decree shall come into effect from 22:00h of 12 December 1990 and continue until annulment of the State of Emergency.
10. To notify promptly the Supreme Council of the Soviet Union and the President of the Soviet Union on introduction of the State of Emergency.
The Ministry of Foreign Affairs of Georgia shall inform the UN Secretary- General on introduction of the State of Emergency and ask him to dispatch his observers to Georgia.
The Chairman of the Supreme Council of the Republic of Georgia Zviad Gamsakhurdia
12 December 1990
(Bulletin of the Supreme Council of the Republic of Georgia, # 12, 20-23)
 

DECISION TAKEN BY THE FIRST SESSION OF THE SUPREME COUNCIL OF THE SOUTH OSSETIAN SOVIET REPUBLIC on validity of the Constitution (Organic Law) on the territory of the South Ossetia
The First Session of the South Ossetian Soviet Socialist Republic notes that the Supreme Council of the Republic of Georgia has recently adopted anti-constitutional normative act infringing the sovereign rights of the people of South Ossetia.  In particular, South Ossetian autonomous Oblast has been abolished by decree of the Supreme Council of the Republic of Georgia of 11 December 1990.  That is a gross violation of Article 73, section 3 of the Constitution (Organic Law) of the USSR that states that the establishment of fundamentals of organization and activities of the state authority and local self-governance in the union republics is exclusively under the jurisdiction of the USSR.  The Republic of Georgia practically has abolished all soviet structures and that becomes evident from the law adopted on 14 November “On changing the name of the Georgian SSR”, law “On Holding Elections of the Local governance” adopted on 11 December 1990 and others.
Pursuant to Article 74 of the Constitution of the USSR, if the law of the union republic is not in compliance with the Constitution of the USSR, the Constitution of the USSR shall have a superior legal force.
Proceeding from the aforementioned, the First Session of the Supreme Council of the South Ossetian Soviet Socialist Republic decides:
1. To suspend the validity of the Georgian laws and other legal acts, which do not comply with the Constitution of the USSR, the laws of the USSR and the law of the Georgian SSR “On the South Ossetian Autonomous oblast”.
2. To ask the relevant bodies of the USSR for re-subordination of all structures of the soviet authority under the competence of the agencies of the Soviet Union.
Chairman of he Supreme Council of the South Ossetian Soviet Republic T. G. Kulumbegov
13 December 1990
(Newspaper “Sovetskaia Ossetia”, 3 January 1991)


RESOLUTION ISSUED BY THE CONGRESS OF THE PEOPLE’S DEPUTIES OF THE USSR on general concept of the new Union Treaty and procedures of its conclusion.
1. The Congress of the People’s Deputies of the USSR… declares …for the reorganization of our Multi-national State into the voluntary and equal Union of the sovereign republics - the Democratic Federative State.
The renewed Union, based on the principles of the will of people and the declarations on the state sovereignty of the republics and autonomous entities, intends to secure … equality of the people regardless the number of population, their rights to self-determination and free democratic development, territorial integrity of the subjects of Federation.
2. To consider expedient establishment of the Preparatory Committee in order to carry out the spadework on the draft of the new Union Treaty.  The Committee shall comprise the high-level authorities from the republics and autonomous entities, as well as the President of the USSR, the Chairman of the Supreme Council of the USSR and the Chairman of the Council of Nationalities of the USSR…
(…)
The Chairman of the Supreme Council of the USSR A. Loukyanov
25 December 1990
(Bulletin of the Congress of the People’s Deputies of the USSR and the Supreme Council of the USSR, M., 1991, # 1. p. 7-8)


1991
DECREE ISSUED BY THE PRESIDENT OF THE UNION OF THE SOVIET SOCIALIST REPUBLICS on Certain Legal Acts Adopted in 1990 by the Republic of Georgia
On 20 September 1990 the South Ossetian Autonomous Oblast adopted the Declaration that proclaimed the South Ossetian Autonomous Oblast as the Soviet Democratic Republic of South Ossetia.
On 11 December 1990 the Supreme Council of the Georgian SSR adopted the law which abrogated the South Ossetian Autonomous Oblast established in 1922.  At the same time the provisions regarding the noted Oblast have been excluded from the Constitution of the Georgian SSR and the right of the Republic on abolishment of the autonomous oblast has been introduced.
Those Acts, issued by the Oblast Council of the People’s Deputies and the Supreme council of the union republic breach the Constitution of the USSR and the established procedures for changing the status of the autonomous republic.
In accordance with Article 87 of the Constitution of the USSR the South Ossetian Autonomous Oblast exists within the Georgian SSR.  Pursuant to the Constitution of the USSR (Article 73, Paragraph 2) and the law “On Distribution of Competences Between the USSR and the Subjects of the Federation” (Article 6, paragraph 2), any decision on changing the status of the autonomous entities enters into legal force only after the supreme bodies of the USSR have approved it.
Based on Article 1273, Paragraph 1 and 2, I decree:
1. Pursuant to the Constitution of the USSR and the Law of the USSR “On Guarantees of Implementation of the Laws and Other Legal Acts of the USSR”, aforementioned Acts issued with a breach of current legislation by the organs of the Georgian SSR and the autonomous Oblast of the South Ossetia included in the Georgian SSR, have no legal force since their adoption and the state and public organizations, as well as economic institutions, enterprises, establishments and the citizens are not liable to implement them.
2. To entrust the Supreme Council and the Government of the Georgian SSR, local Councils of the People’s Deputies, law-enforcement agencies of the Republic with the task of securing the requirements of the constitution of the SSR and the Laws of the USSR regarding the protection of the rights and legal interests of citizens residing on the territory of the South Ossetian Autonomous Oblast.
3. To withdraw within three days all military formations from the territory of the South Ossetian Autonomous Oblast except the troops of the Ministry of Interior of the USSR.
4. Within five days the leadership of the Republic shall submit the information to the president of the USSR on measures carried out for the regulation of the situation in the Republic.
5. The current Decree shall enter into force with immediate effect.
President of the Union of the Soviet Socialist republics M. Gorbachev
7 January 1991
(Bulletin of the Congress of the People’s Deputies and the supreme Council of the USSR, 1991,  # 2, p. 118-119)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on the Decree issued by the President of the USSR on 7 January 1991
The Supreme Council of the Republic of Georgia having acquainted itself with the Decree issued by the President of the USSR on January 7, 1991 deems it necessary to decree the following:
1. The Decree issued by the President of the USSR, which does not recognize  legality of the decree issued on January 7, 1991 by the Supreme Council of the Republic of Georgia on Abolition of the Autonomous Oblast of South Ossetia, is anti-constitutional due to the following circumstances:
a) In accordance with the Constitutions of the Republic of Georgia and the USSR, the Republic of Georgia is a sovereign State and within its borders exercises supreme authority (Article 70 of the Constitution of the Republic of Georgia and Article 78 of the Constitution of the USSR), and all state organs, civil organizations, enterprises and other legal entities located on the territory of Georgia are obliged to strictly adhere and implement laws and other legal acts of the Republic of Georgia. Therefore, not a single body of the USSR is authorized to invalidate legal acts of the Republic of Georgia;
b) In accordance with the Constitutions of the Republic of Georgia and the USSR, the Supreme Council of the Republic of Georgia is  authorized to make decisions on any issues relating to nation-building. Having applied this constitutional right, the Supreme Council of the Republic of Georgia abolished the illegally created Autonomous Oblast of  South Ossetia, which became the bulwark for extremists and separatists carrying out not only the policy of discrimination and suppression of the local Georgian population, but they are also doing their utmost to separate this region from Georgia;
c) In accordance with the Constitution of the USSR, the Supreme Council of the USSR is authorized to endorse the creation of new autonomous entities (Article 73 paragraph 2) while taking decisions on this issue is under the jurisdiction of Union Republics (article 72 paragraph 3 of the Constitution of the Republic of Georgia).
The Decree on Abolition of the Autonomous Oblast of South Ossetia has not been submitted for endorsement to the Supreme authority of the USSR, since there is no such a legal mechanism provided by either the Constitution of the USSR or the Constitution of the Republic of Georgia. The law “on Separation of Authorities between the USSR and Subjects of the Federation”, adopted on 26 April 1990, despite all its anti-constitutional character, did not provide mechanism for endorsement of decisions on abolishment of an Autonomous Oblast.
The Supreme Council of the USSR is obliged to remove from Article 87 of the Constitution of the USSR provision on Autonomous Oblast of South Ossetia as a constituent part of the Republic of Georgia, with the purpose of bringing the Constitution of the USSR in line with the legal and factual reality.
2. The Supreme Council of the Republic of Georgia does not belittle the right of people to self-determination, including right to creation a new state, however, it deems absolutely unacceptable the application of the above mentioned rights by those ethnic minorities living in Georgia and having their own statehood outside the frontiers of the Republic of Georgia. The International Law itself guarantees for ethnic minorities only cultural autonomy and equality in all spheres of life (Article 27 of International Convention on Civil and Political Human Rights, recently adopted the Paris Charter for New Europe and other legal acts) and those rights have always been and are guaranteed and respected to the maximum extent in Georgia for representatives of all ethnic minorities.
It also should be mentioned that in addition to the Autonomous Oblast with 65 000 population, there are more than 100 000 Ossetian nationals residing in defferent regions of Georgia and enjoiyng the civil, economic and cultural rights.
3. The Supreme Council of the Republic of Georgia deems the stance assumed by the highest state bodies of USSR and personally by the President of the USSR unacceptable, since during the whole period of separatist and activities carried out by the Peoples’ Deputies of Autonomous Oblast, when it adopted unambiguously anti-constitutional legal acts  (dated of September 20 and October 16 of 1990), the Union bodies failed to react in any official manner and did not support the Supreme Council of the Republic of Georgia and its Presidium, the very body that, in full conformity with relevant provisions of the Constitution of the USSR- so often referred to by the President of the USSR-  had declared anti-constitutional activities carried out by the Council of  Peoples’ Deputies of Autonomous Oblast.
If we are to take face value the Constitution of USSR, it is an obligation of the Union, and first of all of President of the USSR, to secure constitutionally guaranteed sovereignty and territorial integrity of the Union Republics.
In fact, the Union organs encouraged the separatists in their illegal activities; on 9 December 1990 so called elections were held in the illegally created “republic”. However, the President of the USSR, as well as the Presidium of the Supreme Council of the USSR preferred to turn blind eye to this unlawfulness.
The President of the USSR responded to this fact only when the Supreme Council of the Republic of Georgia had to abolish the South Ossetian Autonomous Oblast that practically had been abolished upon the decree of the Oblast Council on reorganization of the Autonomous Oblast into Autonomous Republic independent from Georgia.
It’s worth to be mentioned that announcement of the State of Emergency was based on the prior negligence of the authorities of the USSR to the facts of separatism.  They didn’t respond the facts of murder of Georgian law-enforces in Tskhinvali though there were the troops of the Ministry of Interior of the USSR.
Backed from the center, the extremists made a rule to attack Georgian law-enforcers that are dispatched there to maintain public order.  Often they are taken hostage.
Due to the established situation Georgian law-enforcers failed to seize the guns and ammunitions that were under the possession of the impudent extremists.
The Decree of 7 January 1991 issued by the President of USSR and calling for withdrawal of all armed formations- save for the troops of Ministry of Interior of USSR- from the region is devoid of any moral and legal rational.
There are no “armed formations” in the region, save for Ossetian extremist, who thanks to negligence and on the part of the troops of Ministry of Interior of the USSR, are hunting for representatives of the Ministry of Interior of Georgia. Unfortunately, the presidential decree failed to mention this deplorable fact. Troops of the Ministry of Interior of the Republic of Georgia are carrying out activities aimed at stabilization of the situation in the region during the curfew.
Involvement of troops of the Ministry of Interior and State Security of the Republic of Georgia for maintaining public order is clearly envisaged by both the legislatures of the Republic of Georgia and the USSR. This is one of the sovereign rights of the Republic not a single Union body, including the President of USSR, is authorized to limit the Republic of Georgia in exercising its jurisdiction and maintaining public order during the curfew. Moreover, the Union bodies had approved introduction of a regime of curfew.
The order of the President entailed the tragic events in a few hours after its publication.  Encouraged by this Act the extremists attacked the Georgian Policemen.  The attack caused the casualties.
It should be noted, that the presidential decree, on the one hand, questions the legality of the Georgian law and indicates on necessitate to undertake some steps, on the other hand, it turns blind eye to the necessity of abolition of structures of the so called Soviet Democratic Republic of South Ossetia.
The Supreme Council of the Republic of Georgia decrees:
1. To endorse the decree issued on December 11, 1990 by the Supreme Council of the Republic of Georgia “on Abolition of the Autonomous Oblast of South Ossetia”.
2. To submit a proposal on introduction of relevant amendments to Article 87 of the Constitution of the USSR to the Supreme Council of the USSR.
3. To note that the decree issued by the President of the USSR considered illegal acts by the Council of People’s Deputies of the Autonomous Oblast of South Ossetia on creation of the so called Soviet Democratic Republic of South Ossetia.
4. To consider illegal the decree calling for withdrawal of militia detachments of the Ministry of Interior of the Republic of Georgia from the region, for the detachments are functioning on the Georgian territory to secure public order and acting in full conformity with the existing legislation.
6. To consider the USSR presidential decree of 7 January 1991 as gross interfйrence in internal affairs of Georgia and encroachment on its territorial integrity, disrespect for sovereign rights of the republic and its people that found its reflection in distortion of the official title of the Republic of Georgia- in the decree the old title of Georgia-the Georgian SSR had been used.
7. It amounts to gross violation of supremacy of legally elected state authority and principle of territorial integrity to prevent the state authorities to use its own law enforcing bodies to control an integral part of its own territory.
In case if the troops of the Ministry of Interior of the USSR deployed in the region would venture to forcefully remove the low enforcement organs of the Republic of Georgia from the region, such an action will be considered as initiation of war by the center against Georgia.
Responsibility for consequences of such actions before the international community shall fully lie on the supreme authorities of the USSR and personally on the President of the USSR.
8. The decree shall come into force immediately upon adoption.
Chairman of the Supreme Council of the Republic of Georgia Z. Gamsakhurdia
9 January 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 1, p 10-15)


RESOLUTION OF THE JOINT SESSION OF THE SUPREME COUNCIL OF THE NORTH OSSETIAN SOVIET SOCIALIST REPUBLIC AND VLADIKAVKAZ CITY COUNCIL OF THE PEOPLE’S DEPUTIES
The Supreme Council of the North-Ossetian SSR and Vladikavkaz City Council of People’s Deputies express their deep concern at the events in the South Ossetia.
Escalation of tension in the region has started since the adoption of the Declaration of Independence of 20 September 1990 by the South Ossetian Democratic Republic and abolishment of the South Ossetian Autonomous Oblast by the Republic of Georgia under Decree issued on 11 December 1990.
Attempt to solve the extremely difficult situation through the forcible measures and detachment to Tskhinvali and adjacent territories the units of the Ministry of Interior and the State Security Ministry of Georgia exacerbated the public-political situation in the region resulting in human casualties.  These tragic events found sad echo among the population of the North-Ossetia.
Thousands of our countrymen have the relatives in Georgia and in South Ossetia.  The matter regards not only Ossetians as there are more than 12 thousand Georgians residing in Vladikavkaz.  We cannot remain indifferent and just spectators to the events and we are going to make our contribution in order to speed up the process of stabilization in the South Ossetia through peaceful and legal measures.
The joint extraordinary session of the Supreme Council of the North-Ossetian Soviet Socialist Republic and the Vladikavkaz City Council of the People’s Deputies resolves:
1. To endorse and support the Decree issued by the President of the USSR “On certain legal acts adopted in December of 1990 by the Georgian SSR” aimed at stabilization of the public-political situation in the South Ossetia.
2. The Councils of People’s Deputies, Ministries and state agencies, labour collectives and public organizations shall actively facilitate the process of stabilization and defusing the explosive situation in the South Ossetia and around it through peaceful means of conflict resolution.
3. To approve the texts of the Appeal to the People of the South Ossetia and Georgia and of the telegram to the President of the USSR.
Chairman of the Supreme Council of the North-Ossetian SSR A. Kh. Galazov
10 January 1991
(Newspaper “Sovetskaia Ossetia”, # 8, 11 January 1991)


DECREE ISSUED BY THE SUPREME SOVIET OF THE USSR on organization and measures for holding the Referendum of the USSR on the issue of preserving the Union of Soviet Socialist Republics
Based on the fact that only the People may take a burden of historical responsibility before the fate of the USSR, and in order to implement the decisions of the Forth Congress of the People’s Deputies of the USSR and in compliance with the legislation of the USSR on the Referendum, the Supreme Soviet of the USSR Decrees:
1. To hold on the whole territory of the USSR the Referendum of the USSR on preserving the USSR as a federation of equal republics on Sunday, 17 March 1991.
2. To include in the secret ballot-paper the following wording of the question put to the Referendum and the versions of voters’ answers:
“Do you consider necessary preservation of the Union of Soviet Socialist Republic as a renewed federation of equal sovereign republics, in which the human rights and freedoms will be fully secured for a person of any nationality”.
“Yes” or “No”
3. To consolidate the results of voting for the All-Union taking into account the results of voting in each Republic separately.
10. In accordance with Article 29 of the Law of the USSR “on the Public Referendum of the USSR”, the decision made through the Referendum of the USSR is final, binding on the whole territory of the USSR and may be revoked or changed solely through the new Referendum of the USSR.
Chairman of the Supreme Soviet of the USSR A. Lukianov
Moscow, Kremlin, 16 January 1991
(Bulletin of the Peoples’ Deputies Congress of the USSR and the Supreme Council of the USSR, M., 1991, # 4, p. 161-162)


DECREE  ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE USSR on Information of the Group of People’s Deputies Visiting the Georgian SSR and the South Ossetia
The presidium of the Supreme Council of the USSR decrees:
1. To take notice of the information of the Group of People’s Deputies Visiting the Georgian SSR and the South Ossetia on the instruction of the Supreme Council of the USSR.
2. To consider necessary the application of additional measures for implementation of the Decree of the President of the USSR “on Certain Legal Acts Adopted in 1990 by the Georgian SSR”.
3. To familiarize with, and forward the information to the Cabinet of Ministers of the USSR, Ministry of Defense of the USSR and the Ministry of Interior of the USSR.
The Chairman of the Supreme Council of the USSR A. Lukyanov
22 January 1991
(Bulletin of the Congress of the People’s Deputies and the Supreme Council of the USSR, 1991, # 5, p. 204)


DECREE ISSED BY THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on Conscription of Draftees for the Service in the Interior Troops-National Guard in 1991
Pursuant to Article 61 of the Constitution of the Republic of Georgia and the law of the Republic of Georgia on the “Creation of Interior Troops-National Guard of the Republic of Georgia” adopted on 20 December 1990 and in order to secure organized conscription of draftees for mandatory military service, the Supreme Council of the Republic of Georgia decrees:
1. To set up Republican Conscription Council that shall secure organized conscription of draftees to the Interior Troops-National Guard of the Republic of Georgia.
3. To entrust the Council of Minister of the Abkhaz ASSR and the Council of Minister of the Ajara ASSR with a task of setting up Conscription Councils in all regions and towns within their jurisdiction and involve representatives of Ministry of Interior, Ministry of Health, other state organs and civil-political organizations in this process.
(…)
Chairman of the Supreme Council of the Republic of Georgia Z. Gamsakhurdia
29 January  1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 1, p 89-90)


LAW  Of  THE REPUBLIC OF GEORGIA on the Local self-government in the Transitional Period
(…)
Article 5. Local State Authority Organs
1. Prefect and the Office of Prefect
The prefect Office, under the leadership of Perfect shall be a Local State Authority Organ in regions and towns of the republican subordination …
(…)
Prefect shall be the highest official post in regions and towns of republican subordination. S/he shall be a guarantor of protection of the state interests and secure implementation of decisions taken by the higher state authorities of the Republic of Georgia.
(…)
Prefects to districts and towns that are subordinate to the Autonomous Republics shall be appointed and dismissed by the Presidium of Supreme Council of the Republic of Georgia upon the proposal of Chairman of Autonomous Republic in close consultation with the Council of Ministers of Autonomous Republic and the Council of Ministers of the Republic of Georgia.
(…)
Chairman of the Supreme Council of the Republic of Georgia Z. Gamsakhurdia
29 January 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 1, p. 19-20)


DECREE ISSUED BY  THE PRESIDIUM OF THE SUPREME COUNCIL OF THE ABKHAZ ASSR on Certain laws and Decrees, issued on 29 January 1991 by the Supreme Council of the Georgian SSR.
The Supreme Council of the Abkhaz ASSR takes into consideration the fact that the first session of the Supreme Council of the Republic of Georgia adopted the law on election of the local self-governance of the Republic of Georgia – the assemblies and issued Decree on holding the election of assemblies on 31 March of this year.
These legal acts gave a rise to numerous questions among the employees of the soviet organs and the population of the Abkhaz SSR, which have been delivered to the Supreme Council of the Abkhaz ASSR.
The presidium of the Abkhaz ASSR decrees:
1. To give an interpretation to the fact, that the autonomous republic is authorized to decide independently the issues related to the structures of the local governance, electoral system and holding the election as it is prescribed by the Constitutions of the Abkhaz ASSR, the Republic of Georgia and the USSR.
2. To entrust the Permanent commission on the Legislation and Socialist Law with a task of discussing the law “On Elections of the People’s Deputies of the Local Councils” at the next sitting of the 10th session of the Supreme Council of the Abkhaz ASSR.
(…)
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
7 February 1991
(Newspaper “Sovetskaia Abkhazia”, # 21, 12 February 1991)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE RSFSR on Immediate assistance to the population of the North Ossetia in connection with the events in the Autonomous Oblast of South Ossetia
Since January of 1991 the population in the South Ossetian autonomous Oblast of the Georgian SSR is facing extremely grave economic condition due to erupted military conflict there. Food supply to the center of Tskhinvali has been cut off for a long time; there is a lack of medicines and bandages; many people have lost their houses; thousands have sought refuge in the territory of the RSFSR, in the North Ossetia.   Currently the electricity supply is cut off in the city Tskhinvali and there is no water supply either.  Such extreme situation puts the population at the edge of catastrophe.  The situation in other regions of the autonomous Oblast is similar as in Tskhinvali.  Situation established in the South Ossetian Autonomous oblast also raises the tension in the neighboring regions of the RSFSR.
Taking into consideration the growing tense in the South Ossetian Autonomous oblast and the fact that Union agencies do not take efficient measures to assist the region, the Supreme council of the RSFSR decrees:
1. To entrust the Presidium of the Supreme Council of the RSFSR with a task of entering into negotiations with the leadership of the Republic of Georgia in order to give to the conflict a peaceful resolution.
2. The Council of Ministers of the RSFSR in three days time shall determine for, and provide to the population of the North Ossetia necessary economic and humanitarian aid, in particular:
- Food, medicines, tents, fuel and oil supply;
- Technical and technological assistance to arrange telephone and telegraphs connection with the regions of the North Caucasus of the RSFSR.
First Deputy Chairman of the Supreme Council of the RSFSR R. I. Khasbulatov
8 February 1991
(Bulletin of the Congress of the People’s Deputies of the RSFSR and the Supreme Council of the RSFSR, M., 1991, # 7, p. 123-124)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on dismissal of R.Z. Shonia from the post of Chairman of Executive Committee of the People’s Deputies Regional Council of Gali District
The Supreme Council of the Republic of Georgia decrees:
To dismiss Rabo Shonia from the post of Chairman of Executive Committee of the People’s Deputies Regional Council of Gali district.
Chairman of the Supreme Council of the Republic of Georgia Z. Gamsakhurdia
11 February 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 2, p. 40)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on appointment of E.K. Janjulia on the Post of Prefect of the Gali District
The Supreme Council of the Republic of Georgia decrees:
To appoint Edisher Janjulia on the post of Prefect of the Gali district.
Chairman of the Supreme Council of the Republic of Georgia Z. Gamsakhurdia
11 February 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 2, p. 45)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE ABKHAZ ASSR on Decree issued by the Presidium of the Supreme council of the Republic of Georgia of 11 February 1991 concerning the dismissal of the Chairman of the Ispolcom of the Council of People’s Deputies of the Gali District
By decree of the Presidium of the Supreme Council of the Republic of Georgia of 11 February 1991, the Chairman of the Ispolcom of the Council of People’s Deputies of the Gali district Rabo D. Shonia was dismissed from his position and Edisher K. Janjulia was appointed as a Prefect of the Gali district of the Abkhaz ASSR.  Such position is not considered in the Constitution of the Abkhaz ASSR.
Aforementioned Decree is unlawful as it was issued breaching Articles 66 and 120 of the current Constitution of the Abkhaz ASSR, which states, that the state authority is exercised by people through the people’s deputies.  Determination of the rules for and activity of the local state organs is under the jurisdiction of the Abkhaz ASSR performed by the supreme organs of the state authority.As a result of unlawful decree of the Presidium of the Supreme Council of the Republic of Georgia of 11 February 1991 on appointment of the Prefect in the Gali district, the Supreme Council of the Abkhaz ASSR decrees:
1.  To consider null and void from the moment of its adoption the decree of the Presidium of the Supreme Council of the Republic of Georgia of 11 February 1991 on dismissal of the Chairman of the Ispolcom of the Council of People’s Deputies of the Gali district Rabo D. Shonia and appointment of Edisher K. Janjulia as a Prefect of the Gali district of the Abkhaz ASSR.
2. The local Councils of the People’s Deputies, together with the Prosecutor’s Office, Committee of the State Security and the Ministry of Interior shall undertake necessary measures to secure Constitutional order of the autonomous republic, organs of the soviet authority and officials elected by the population of the cities and raions of Abkhazia.
3. This Decree shall be published in press.
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
13 February 1991
(Newspaper “Sovetskaia Abkhazia”, # 24, 15 February 1991)


DECISION ISSUED BY THE COUNCIL OF NATIONALITIES OF THE SUPREME COUNCIL OF THE RSFSR on Results of Visit of the People’s Deputies in Georgia due to the Events in the South Ossetia
Having heard the information of the head of group of the People’s Deputies of the RSFSR, the Council of Nationalities of the Supreme Council of the RSFSR is deeply concerned at the developments in this region and voices its condemnation on attempts of solving political and national problems through anti-constitutional acts and military forces regardless the side it is conducted by.
The council of Nationalities decrees:
1. To take notice of the information of Comr. Sorokina G. N. on the results of the visit of people’s deputies Comr. Antonova V. V., Arzhannikova N. M. and Shuikov V. V. in Georgia due to the developments in the South Ossetia.
2. To address the Parliament and the Government of Georgia calling for taking necessary measures in order to provide with food, heating and water supply and medicines for the population of the South Ossetia.
3. The Presidium of the supreme Council of the RSFSR shall expedite the direct negotiations with the leadership of Georgia aimed at immediate peaceful settlement of the situation in the South Ossetia.
4. To address the President of the USSR Comr. Gorbachev M. S. with a proposal on taking immediate measures focused on stabilization of the situation in this part of Georgia.
5. The Council of Ministers of the RSFSR shall submit the Deputies at the sitting of the Council of nationalities on 20 February the information on implementation of the Decree of 8 February 1991 #590-1 issued by the Supreme Council of the RSFSR on Immediate assistance to the population of the North Ossetia in connection with the events in the Autonomous Oblast of South Ossetia.
Deputy Chairman of the Council
of Nationalities of the Supreme Council of the RSFSR V. G. Sirovatko
14 February 1991
(Bulletin of the Congress of the People’s Deputies of the RSFSR and the Supreme Council of the RSFSR, 1991, # 8, p. 157-158)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE USSR on Situation in the South Ossetian Autonomous Oblast and the Measures for Stabilization of the Situation in the Region
1. Having heard and discussed the information of the People’s Deputies of he USSR visiting the Georgian SSR, the South Ossetian Autonomous Oblast and the North Ossetian Autonomous Republic, the Supreme Council of the USSR notes that the measures provided in the Decree of the President of the USSR of 7 January 1991 “on certain legal acts adopted in December 1990 by the Georgian SSR” haven’t been realized.  Failure of the implementation of aforementioned Decree entailed the further complication of the situation in the South Ossetia and its immediate vicinity.  The number of victims of the conflict is increasing; A stream of refugees of both, Ossetians and Georgians never comes to end.  The city Tskhinvali, blocked by illegal military formations is without electricity and heating.  The population of the city and the autonomous oblast suffers from shortage of food and basic commodities.  The property of citizens, as well as several state institutions and public organizations is either given to arson or robbed.  The historical and cultural monuments have been outraged.
Ongoing events in the South Ossetia are the gross violation of the Constitutions of the USSR, Georgian SSR and international norms and human rights.
2.  To recommend to the Supreme Council of Georgia to consider announcement of the regime of the state of emergency on the territory of the South Ossetia with participation of the troops of the Ministry of Interior; to secure withdrawal and disband of all illegal military formations; to stop illegal trafficking of arms on the territory of the republic; to raise the blockade from the city Tskhinvali and its neighborhood; to take immediate measures in order to stop bloodshed and provide the population with electricity, heating, food products and medicines.
3. Recognizing the sovereign rights of the Georgian SSR on its territorial integrity, to offer to the Supreme Council and the government of Georgia to start expeditiously the negotiations with the representatives of the South Ossetia through the facilitation of the Supreme Council of the USSR in order to restore state structures in the Oblast functioning before 9 December 1990 as well s for the normalization of the political situation and ensuring the public security.
4.  To entrust the Cabinet of Ministers of the USSR with a task of taking necessary measures for giving a life support to the population of the South Ossetia and providing adequate support to the North Ossetian ASSR and the Georgian SSR in connection with accommodation of refugees.
Chairman of the Supreme Council of the USSR A. Lukianov
20 February 1991
(Bulletin of the Congress of the People’s Deputies of the USSR and the supreme Council of the USSR, 1991, # 9, p. 218-219)


RESOLUTION OF THE FIRST SESSION OF THE SOUTH OSSETIAN COUNCIL OF PEOPLE’S DEPUTIES OF THE FIRST CONVOCATION on Preparation for and Holding of Referendum of the USSR on 17 March 1991
The First Session of the Council of People’s Deputies of South Ossetia notes that in compliance with the decree issued by the Supreme Council of the USSR of 16 January 1991 “on Measures for preparation and holding the All-Union Referendum on 17 March 1991” the Referendum will be held aimed at preserving the USSR and concluding the new agreement of union republics.
The most of the republics have already set up the electoral commissions in order to facilitate voting process and carry out other relevant measures.
At the same time, some of the union republics, including Georgia, violating the Constitution and the legislation of the USSR, are not likely to implement the resolution by the IV Congress of the People’s Deputies of the USSR on holding the referendum.  They deprive the citizens the right to participate in the referendum.  This is the breach of the Constitution of the USSR and its legislation, as well as violation of Declaration of the Universal Human Rights and other international covenants that consider participation of the people in the process of state management.
In order to participate in the Referendum dedicated to renewed federation of equal and sovereign states and preserving the USSR, and based on the will of the majority of population of the South Ossetia, the First Session of the Council of People’s Deputies of the South Ossetia decrees:
1. To hold all-union referendum on the territory of the South Ossetia on 17 March 1991.
2. To set up electoral commission for holding the all-union referendum and approve its composition.
3. Due to the state of emergency to instruct the Central Electoral Commission to retain the number of polling districts and stations using for referendum previously established districts and stations.
To create polling stations within the military units of the Ministry of Defence and Ministry of Interior of the USSR dislocated on the territory of South Ossetia pursuant to the Article 5 of the Decree issued by the Supreme Council of the USSR of 25 February 1991.
4. Due to the armed groups penetrated to the territory of South Ossetia and in order to secure protection of the preparation and holding of referendum, to ask the Supreme Council of the USSR to dispatch to the territory of the South Ossetia limited contingent of the troops of the Ministry of Interior of the USSR.
5. To ask the Central Electoral Commission of the Referendum of the USSR to provide all necessary items to the Central Electoral Commission of South Ossetia.
6. To ask the Supreme Council of the North Ossetian SSR to provide necessary assistance for involvement of refugees from the South Ossetia to the referendum.
First Deputy Chairman of the Executive Committee
of the Council of People’s Deputies of South Ossetia G. Khugaev
Secretary of the Executive Committee
of the Council of People’s Deputies of South Ossetia V. Petoev
26 February 1991
(Personal Archive of the author)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on Elections to the Supreme Council of the Abkhaz ASSR
The term of jurisdiction of the Supreme Council of the Abkhazian ASSR actually expired on 25 February 1990.
By virtue of the decree issued on 18 November 1989 by the Supreme Council of the Georgian SSR on “Introduction Certain amendments and additions to the Constitution of the Georgian SSR”, the term of jurisdiction of the Supreme Council of the Abkhazian ASSR was prolonged until new elections.
Pursuant to Article 75 of an edition of 4 December 1990 of the Constitution of the Abkhaz ASSR, the prolongation of the term of authority of the Supreme Council of the Abkhaz ASSR is permitted only on exceptional basis and not longer than 6 months.
However, the Supreme Council of the Abkhaz ASSR did not prolong its own term of authority and did not adopt a law on elections to the Supreme Council of the Abkhaz ASSR and therefore, failed to fix a date of elections to the Supreme Council of the Abkhaz ASSR.
Taking all the aforementioned into consideration, the Supreme Council of the Republic of Georgia decrees:
1. To advise the Supreme Council of the Abkhaz ASSR on the following:
To hold elections to the Supreme Council of the Abkhaz ASSR no later than October 1, 1991;
In accordance with Article 75 of the Constitution of Abkhaz ASSR to prolong its term of authority until 15 March 1991;
2. Due to the fact, that the Constitution of the Republic of Georgia stipulates five-year term for state authority bodies of Autonomous Republics, while the Supreme Council of the Abkhaz ASSR has been functioning for more than six years, failure to implement Article 1 of this decree will result in termination of term of jurisdiction of the Supreme Council of the Abkhaz ASSR of current convocation.
Chairman of the Supreme Council of the Republic of Georgia Z. Gamsakhurdia
27 February  1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 2, p. 92)

RESOLUTION on interpretation of section five, of paragraph 1 of Article 5 of the law of the Republic of Georgia ‘on the Local Self-governance in the Period of Transition’ ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA
In accordance with section 5, of paragraph 1 of Article 5 of the law of Georgia “on Local Self-Governance in the period of Transition” adopted on 29 January of 1991, prefects of districts (rayons) and cities of republican (autonomous republic) subordination, upon the consent of the Council of Ministers of the autonomous Republic and the Council of Ministers of the Republic of Georgia, shall be appointed and dismissed by the Presidium of the Supreme Council of the Republic of Georgia on the basis of recommendation of the Chairman of the Supreme Council of the Autonomous Republic.
Due to the fact that the relevant candidates have not been nominated in some districts of the autonomous republics and in the cities of republican (autonomous republic) subordination, the Supreme Council of the Republic of Georgia decrees:
To explain to chairmen of the Supreme Council of Autonomous Republics that in case they fail to nominate a candidate to the position of perfect, agreed with the Council of Ministers of the autonomous republic and the Council of Ministers of the Republic of Georgia, the Chairman of the Supreme Council of the Republic of Georgia, upon agreement with the Council of Ministers of the Republic of Georgia submits to the Presidium of the Supreme Council of the Republic of Georgia a candidate to be appointed on the position of prefect of the district of the autonomous republic and city of the republican (autonomous republic) subordination.
Chairman of the Supreme Council of the Republic of Georgia Z. Gamsakhurdia
Tbilisi, 27 February 1991.
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 2, p. 102)


STATEMENT OF THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA
As reported, on 22-23 February of current year under the pretext of renovation of the Sanatorium of the Ministry of Interior of the USSR, 250 fully equipped soldiers  of the Internal Troops of the USSR have been delivered to Gulrupshi District, Abkhaz ASSR.
The aforementioned troops are brought to the territory of the Republic of Georgia without prior agreement with the Government of Georgia.  As it is known, neither the Council of Ministers, nor the Ministry of Interior of the Abkhaz ASSR was informed about this fact.
With regard of the aforementioned fact the Supreme Council of the Republic of Georgia notes that the units of the Internal Troops of the USSR have been brought to the territory of the Republic of Georgia with gross violation of sovereign rights and territorial supremacy of the Republic of Georgia.
Bringing of Internal Troops to the territory of the Abkhaz ASSR, which is indivisible part of  Georgia, has no legal ground.  In accordance to Article 3 of the law of the USSR “on Rights and Responsibilities of the Internal Troops of the Ministry of Interior of the USSR in Maintaining the Public Order”, the Internal Troop shall be used at the time of disorder and to prevent the mass turmoil.  Such situation does not exist in Abkhazia.  The law has no consideration of using the Troops for construction or other similar purposes.  Such works are carried out by the constructing organizations of the Ministry of Interior.  The decision on bringing the troops, in pursuance to the rules established by law, shall be made upon request of the Council of Ministers of the relevant Union or Autonomous Republic, or with the consent of the Council of Ministers of the USSR  subject to obligatory consideration of the issues with the Council of ministers of the relevant Union or Autonomous republic.  As it is clear, the leadership of the USSR not only violates the rights of the Union Republics, but also ignores the own laws.
The Supreme Council of the Republic of Georgia believes that bringing of Internal troops to the territory of the Abkhaz ASSR is another provocation of destructive forces aimed at destabilizing public-political situation in this region of Georgia and in entire country.
Proceeding from the aforementioned, the Supreme Council of the Republic of Georgia expresses its firm protest against this fact and asks the President of the USSR to prevent the arbitrary performance of those officials, under whose order the troops have been brought to the territory of the Republic of Georgia.  At the same time the Supreme Council of the Republic of Georgia calls for immediate withdrawal of these units of the Internal Troops from the territory of Georgia, otherwise the whole responsibility on the consequences will be put on the side that carried out unlawful act.
Adopted at the First Session of the Supreme Council of the Republic of Georgia of the first convocation.
27 February, 1991  
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 2, p. 122-123)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on Decree   “Organization and Holding the Referendum on Preservation of the USSR” issued by the Supreme Council of the USSR
Georgian nation has exercised the self-identification through establishment of the statehood of Georgia at least 2500 years ago and since then constantly protected it in the wars.
In 19th century the Russian Empire exercised occupation-annexation of Georgia’s princedoms, and in 1921 the RSFSR practically again occupied and annexed the Democratic Republic of Georgia. In the course of the 20th century, through elections in 1919 and 1990, the Georgian nation have twice expressed its sovereign will to have independent statehood - therefore, there are no legal ground, whatsoever, for holding the referendum on preservation of the USSR.
At the same time, a question to be posed by the referendum is rather vague and it is not clear what does the renewed federation of the Soviet Socialist Republics amount to. At the same time, it is not possible to create a federation of sovereign states. The USSR law on referendum violates the sovereignty of the Republic of Georgia, since if the referendum is to be held, the destiny of the Republic would be decided not by its own citizens, but by the population of “Union Republics” of the USSR.
Taking into consideration the existing difficult political situation, the Supreme Council of the Republic of Georgia Decrees:
1. The referendum, to be held on 17 March 1991 by the virtue of decree of the Supreme Council of the USSR shall not take place on the territory of the Republic of Georgia.
2. In accordance with the law of the Republic of Georgia on Referendum, on 31 March 1991 referendum shall take place on restoration of state independence, and only one question shall be posed “do you agree on restoration of Georgia’s State Sovereignty based on the Act of Independence of 26 May 1918”.
Chairman of the Supreme Council of the Republic of Georgia Z. Gamsakhurdia
28 February 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 2, p. 104-105)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE ABKHAZ ASSR on prolongation the term of authority to the deputies of the Supreme Council of the Abkhaz ASSR
The Supreme Council of the Abkhaz ASSR decrees:
In compliance with  Article 75 of the Constitution (organic law) of the Abkhaz ASSR to prolong the term of authority to the deputies of the eleventh convocation of the Supreme Council of the Abkhaz ASSR until 1 October 1991.
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
28 February 1991
(Newspaper “Sovetskaia Abkhazia”, # 54, 27 March 1991)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE ABKHAZ ASSR on holding All Union referendum in the Abkhaz ASSR
Abkhazia is a multi-national republic. Only consideration of views of all the residents of Abkhazia and their joint effort can be the guarantors to maintain peace and harmony here.
In accordance with the “Human Rights Declaration”, every citizen shall have the right to expression on any vital important issues.
Participation of citizens in the All-Union referendum is their undeniable right.
Proceeding from the aforementioned, the Supreme Council of the Abkhaz ASSR decrees:
To participate on 17 March 1991 in the public referendum on reservation of the USSR.
To entrust the electoral commission # 669 on election of deputies of the Supreme Council of the USSR with a task of holding referendum on necessity of the reservation of the USSR.
To entrust Sukhumi, Gagra, Tkvarcheli, Gudauta, Sukhumi district and Gulripshi district electoral  commissions with a task of holding All-Union referendum.
The Central Electoral Commission of the Republic shall establish the district electoral commissions for holding the referendum in Ochamchire and Gali district.
This Decree shall come into force since its publication.
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
28 February 1991
(Newspaper “Sovetskaia Abkhazia”, # 35, 2 March 1991)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE ABKHAZ ASSR on enactment of the law of the Abkhaz ASSR “On the Central Bank of the Abkhaz ASSR” and “The Law of the Abkhaz ASSR on the Banks and Banking Activity in the Abkhaz ASSR”
The Supreme Council of the Abkhaz ASSR decrees:
1. To give an effect to the law of the Abkhaz ASSR “On the Central Bank of the Abkhaz ASSR” and “The Law of the Abkhaz ASSR on the Banks and Banking Activity in the Abkhaz ASSR” since the very moment of their publication.
2. To rename the Abkhaz Department of the National Bank of the USSR as the Central Bank of Abkhazia.  The Central Bank of Abkhazia shall elaborate the Regulations and submit it to the Supreme Council of the Abkhaz ASSR before 1 April 1991 to be approved.
6.  Before the adoption of the supplementary legal acts to the law of the Abkhaz ASSR “On the Central Bank of the Abkhaz ASSR” and “The Law of the Abkhaz ASSR on the Banks and Banking Activity in the Abkhaz ASSR” and bringing the legislation of the Abkhaz ASSR in compliance with aforementioned laws, the existing legal acts of the USSR and the Georgian SSR, related to the Banks and Banking system can be applied if they do not contradict aforementioned laws of the Abkhaz ASSR.
(…)
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
28 February 1991
(Newspaper “Abkhazia”, # #9-10, 12 March 1991)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE USSR on the results of the referendum of the USSR of 17 March 1991
(…)
According to the preliminary data, 147 million people have participated in the referendum.  112 million of people have voted in favour of preservation of the USSR, i.e. 76% of voters…
Despite the fact that the state authorities of some republics (Georgia, Lithuania, Moldova, Latvia, Armenia, Estonia) didn’t implement the Resolution of the IV Congress of the People’s Deputies of the USSR and the Supreme Council of the USSR in holding the referendum, violated the constitutional rights of citizens, exerted influence on them, blocked the polling stations – more than 2 million of the citizens of the USSR gave “yes” votes to the USSR…
The Supreme council of the USSR decrees:
1. The state authorities of the USSR and Republics shall pursue to the decision of the people made through the referendum to support renewal of the Union of the Soviet Socialist Republics on the assumption of the fact that this decision is final and binding on the whole territory of the USSR.
(…)
The chairman of the Supreme Council of the USSR A. Lukianov
21 March 1991
(Bulletin of the Congress of the People’s Deputies of the USSR and the supreme Council of the USSR, 1991, # 13, p. 432-433)


INFORMATION OF THE CENTRAL STATE COMMISSION OF THE ABKHAZ ASSR on holding the referendum of the USSR and the information of the District Commission on election of the deputy of the USSR at the 669 Sukhumi territorial electoral district
On 17 March of this year the referendum of the USSR and election of the people’s deputy at the 669 Sukhumi territorial electoral district was held.
Having checked the results, electoral commission informs the following:
In due course of referendum of the USSR there were established 239 commissions and polling stations.  318,317 citizens, authorized to vote, were included in the electoral roll.  166,876 people got the ballot-papers, i.e. 52.4%.  166,544 people participated in voting, i.e. 52.3%.  The question brought up to a vote: “Do you consider necessary to reserve the Union of the Soviet Socialist Republics as renewed federation of equal sovereign republics, where the rights and freedoms of all nationalities will be secured” got 164,231 “yes” votes, i.e. 98.6% of participating voters, and 1566  “no” votes, i.e. 0.95%. 747 ballots were declared invalid, i.e. 0.45% (ballots where the voters stroke out both of words – “yes” and “no”, or neither one)
In order to elect the People’s Deputy of the USSR from Sukhumi territorial district #669, 198 polling stations have been set up.  Ochamchire district didn’t participate in the election, as it doesn’t belong to the district # 669.  257, 147 people were enrolled in the list of electors.  126 086 electors got the ballots and 125 793 voted (48.9%).  120 155 voted in favour of the candidate Arshba (95.5%), another candidate, Murman Omanidze got 1 321 votes (i.e. 1.05%).
22 March 1991
(Newspaper “Sovetskaia Abkhazia”, # # 50-51, 22 March 1991)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on the Fact of Holding the USSR Referendum on the Territory of the Republic of Georgia and on Election of a Deputy to the Peoples’ Deputies of the USSR in the # 669 Sukhumi constituency
On 28 February 1991 the Supreme Council of the Republic of Georgia issued the decree that the referendum, fixed to be held on 17 March 1991 by the decree of the Supreme Council of the USSR would not take place on the territory of the Republic of Georgia. In addition, on March 16, 1991 the Presidium of the Supreme Council of the Republic of Georgia abolished the election commission of the # 669 Sukhumi constituency of the elections for Peoples’ Deputies of the USSR.
However, on 17 March 1991 the referendum took place in the units of the USSR armed forces deployed on the territory of the Republic of Georgia, as well as in town of Tskhinvali, Java region, and some districts of the Abkhaz ASSR, while elections of a deputy to the People’s Deputies of the USSR were held in the # 669 Sukhumi constituency.
During the Referendum and elections, provisions of the laws on “ Referendum in the USSR” and “Elections to the People’s Deputies of the USSR” were grossly violated. At the same time, names of more than 50 thousand electorate of the Gali district were not incorporated in the voting lists.
The aforementioned facts of violations are being studied and investigated by the Prosecutor’s Office of the Republic of Georgia. However, the Prosecutor General of USSR ordered to suspend the investigation.
The Presidium of the Supreme Council of the Republic of Georgia decrees:
1. Pursuant to Article 77 of the Constitution of the Republic of Georgia, the decree issued
 on 28 February 1991 by the Supreme Council of the Republic of Georgia and the decree issued on 16 March 1991 by the Presidium of the Supreme Council of the Republic of Georgia, results of referendum held on 17 March 1991 on the territory of Abkhazian ASSR, town of Tskhinvali and Java region and results of elections of a deputy to the Peoples’ Deputies of the USSR  held in the # 669 Sukhumi constituency on 17 March 1991 are declared null and void.
2. The Referendum of the USSR held within the Military Units of the USSR deployed on the territory of Georgia shall not be considered as the Referendum held in Georgia, as the Soviet military servicemen are not eligible in voting on the territory of Georgia.
4. To raise the issue before the Central Electoral Commission on consideration null and void the results of the election held on 17 March of 1991 at the electoral district #669.
5. To put forward a proposal to the Central Referendum Commission to consider the results of referendum held on the territory of the Republic of Georgia as null and void.
Chairman of the Supreme Council of the Republic of Georgia  Z. Gamsakhurdia
22 March 1991
(Bulletin of the Supreme Council of the Republic of Georgia, # 3, 1991, p. 24-26)

    
DECISION OF THE JOINT MEETING OF THE ALL-LEVEL PEOPLE’S DEPUTIES OF THE SOUTH OSSETIA AND PUBLIC REPRESENTATIVES on setting up of the Committee on stabilization of the situation in the South Ossetia
Taking into account the aggravating situation in the South Ossetia due to barefaced aggression on the side on Georgia, and in order to increase effectiveness of the management aimed at overcoming the existing situation, the Meeting considers reasonable to accumulate all power into one organ and decides:
1. To set up Committee on stabilization of the situation in the South Ossetia composing of the following officials: Gassiev Z. N. – Chairman of the Committee; Khugaev G. G. – Deputy Chairman of the committee; Jioev I. G. – member of the Committee; Dzagoev E. P – member of the Committee; Zaseev F. M. - member of the Committee; Kabisov R. S. - member of the Committee; Kochiev S. I. - member of the Committee; Sanakoev M. G. - member of the Committee; Tedeev A. I. - member of the Committee; Chochiev B. E. - member of the Committee.
2. To empower the committee for stabilization of the situation in the South Ossetia with the whole state and executive authority on the territory of the South Ossetia until the complete settlement of the situation and final determination of the political status and restoration of the state structures.
3. The decisions of the Committee are final and binding on all the organizations, agencies, enterprises and farms.
4. To suspend the functioning of all supreme authorities of the South Ossetia and make them subordinated to the Committee on Stabilization of the Situation in the South Ossetia in time of its activity.
First Deputy Chairman of the Ispolcom
of the Council of People’s Deputies of the South Ossetia G. Khugaev
Secretary of the Ispolcom
of the Council of People’s Deputies of the South Ossetia B. Petoev
23 March 1991
(Newspaper “Sovetskaia Ossetia”, # 29, 27 March 1991)


PROTOCOL of the negotiation between the Chairman of the Supreme Council of the RSFSR and the Chairman of the Supreme Council of the Republic of Georgia
1. To work out during April of 1991 the draft of the Agreement on interstate relations between the RSFSR and the Republic of Georgia to be signed; for this purpose the working group shall be set up.
Concerning the stabilization of the situation in the region of former South Ossetian Autonomous oblast the sides agreed as follows:
2.  The Ministry of Interior of the RSFSR and the Ministry of Interior of the Republic of Georgia shall set up, in ten days term, the joint Commission for investigation the situation in the aforementioned region and objective evaluation of the events before 20 April of current year.
3. The Ministry of Interior of the RSFSR and the Ministry of Interior of the Republic of Georgia shall form the joint detachment of militia in order to carry out the process of disarmament of illegal armed formations in the territory of the former South Ossetian Autonomous Oblast.  The detachment shall secure public order in the mentioned region before restoration of stability.
4. To address to the Ministry of Defence of the USSR with a proposal of re-dislocation of the military unites of the Soviet Army from the territory of the former South Ossetian Autonomous Oblast.
5. The Councils of Ministers of the RSFSR, the Republic of Georgia and the North Ossetian SSR shall start activities on establishment of the conditions for return of refugees to the places of their permanent residence.  Restoration of legal state agencies shall be secured.
6. The governments of the RSFSR, the Republic of Georgia and the North Ossetian SSR shall set up Commission on estimating the sustained loss to refugees and carry out additional measures for material and financial assistance in order to compensate this damage.
7. Restoration of peace and stability in the region shall be considered as a final task of establishing Commission and detachment.
8. To set up permanent Group to exercise control over the implementation of the Protocol and regulation of emerging disputes.
Chairman of the Supreme Council of the RSFSR B. Yeltsyn
Chairman of the Supreme Council of the Republic of Georgia Z. Gamsakhurdia
23 March 1991
(Newspaper “Vestnik Gruziy”, # 42, 28 March 1991)
 

RESOLUTION ISSUED BY THE CONGRESS OF THE PEOPLE’S DEPUTIES OF THE RUSSIAN SOVIET FEDERATIVE SOCIALIST REPUBLIC  on the Situation in the South Ossetia
Due to the tragic events in the South Ossetia, the Congress of the People’s Deputies of the RSFSR:
1. Addresses to the Supreme Council of the Republic of Georgia to restore the status of the South Ossetian Autonomous Oblast and all structures of state authority.
2. Addresses to the Supreme Council and the Cabinet of Ministers of the Republic of Georgia to raise the blockade, return the refugees to their native dwellings, restore normal functioning of the economy of the South Ossetia and stabilize public-political situation in the region.
3. In order to reach effective inter-ethnic consultation offers to the Supreme Council of the Republic of Georgia to release from custody Chairman of the Oblast Council of the People’s Deputies T.G. Kulumbegov and unlawfully detained other officials.
4. To consider possible conclusion of the agreement between the RSFSR and the Republic of Georgia after practical implementation of Articles 1,2,3 of this Resolution.
5. Expresses its solidarity to the people of the North Ossetian SSR.  Stability and peace of this Republic, as the part of the RSFSR, are secured by the Russian Federation.
6. Addresses to the President of the USSR, the Supreme Council of the USSR and calls for the measures for the normalization of the situation in the South Ossetia and establishment of necessary conditions to carry out the process of return of refugees to their places of residence.
Chairman of the Supreme Council of the RSFSR B. Yeltsin
31 March 1991
(Bulletin of the Congress of the People’s Deputies of the USSR and the Supreme Council of the USSR, 1991, # 14, p. 376)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE USSR on the situation in the South Ossetian Autonomous Oblast
The Supreme Council of the USSR notes that despite the efforts made by the President of the USSR and governmental organs of the country aimed at regulation of the conflict and stabilization of the situation in the South Ossetian Autonomous Oblast, the latest developments in the Oblast have established critical situation there.  The contingent of the troops of the Ministry of Interior of the USSR deployed in the Oblast is not able to secure the Constitution of the USSR any longer.
Taking into consideration the existing situation, the Supreme Council of the USSR decrees:
1. To recommend the President of the USSR to put into operation, in compliance with  Article 1273, Paragraph 15, state of emergency on the territory of the South Ossetian Autonomous oblast based on the forces of the Ministry of Interior of the USSR.
2. The Supreme Council of the Republic of Georgia and the Oblast Council of the People’s Deputies of the South Ossetia shall take all necessary measures to carry out the Decree of the President of the USSR of 7 January 1991.
3. The Prosecutor’s Office and the Ministry of Interior of the USSR shall set up investigating groups in order to investigate the crimes committed on the territory of the South Ossetia in time of conflict.
4. To offer to the Cabinet of Ministers of the USSR to take immediate measures in order to supply the population of the South Ossetia with food and medicines, as well as for restoration of the operation of enterprises and organizations.
5. The Cabinet of Ministers of the USSR shall set up governmental Commission aimed at determining the damage to the economy and social and cultural spheres of the South Ossetian Autonomous Oblast and its citizens.
6. The Supreme Council of the Republic of Georgia, leadership of the South Ossetian Autonomous Oblast shall take necessary measures to establish the adequate conditions for the return of refugees to their places of permanent residence.
The Chairman of the Supreme Council of the USSR A. Lukyanov
1 April 1991
(Bulletin of the Congress of the People’s Deputies of the USSR and the Supreme Council of the USSR, 1991, # 15, p. 493)

THE ACT of Restoration of Statehood Independence of Georgia, ADOPTED AT THE EXTRAORDINARY SESSION OF THE SUPREME COUNCIL OF GEORGIA
As a result of  annexation and  abolishment of Georgian statehood by the Russian Empire in the 19th century, the Georgian Nation lost its centuries-old statehood. The Georgian people have never reconciled itself with the lost of independence. Georgia's abolished statehood had been restored through the Declaration of Independence on 26 May, 1918. The Georgian Democratic Republic, with the Constitution and State representative bodies elected  on the principles of multi-party elections, was founded.
In February- March 1921, the Soviet Russia grossly violated the 1920, May 7 Peace Agreement and through the military aggression occupied Georgia, the very State it previously recognized, that resulted in its de facto annexation.
Georgia had not joined the Soviet Union voluntarily. Its Statehood still exists, the Independence Act and Constitution are of  legal force today, since the Government of the Democratic Republic did not sign an act of capitulation and continued its activities in immigration.
The whole period of Georgia being forcefully incorporated in the Soviet Union, has been characterized by bloody terror and repressions and the tragedy of 9 April 1989 was the last manifestation of the aforementioned. The clandestine war against Georgia is still going on. This war aims to undermine Georgia's aspiration to freedom and democracy.
The Supreme Council of the Republic of Georgia, elected through multi-party, democratic election on 28 October 1990, and referring to unanimous will of the population of Georgia expressed during the 31 March referendum, resolves and publicly declares the restoration of Georgian Statehood independence based on the 1918 26 May Independence Act.
The territory of the Republic of Georgia is unified and indivisible. Only the Constitution of the Republic of Georgia and its Authorities are supreme on its territory. Any action directed at limitation of supremacy of the Authorities of the Republic of Georgia or undermining its territorial integrity shall be regarded as an interference into internal affairs of the sovereign State, act of aggression and gross violation of norms of international law.
Primacy of the International Law over the laws of the Republic of Georgia and direct application of its norms on the territory of Georgia is declared to be one of the most fundamental principles of the Constitution of the Republic of Georgia.
The Republic of Georgia strives to occupy its worthy place in the international community of States, acknowledges and guarantees human, national, ethnic, religious and linguistic rights and freedoms of its population in accordance with the Charter of the United Nations, Universal Declaration of Human Rights, International Pacts and Conventions.
The Supreme Council of the Republic of Georgia declares that it will firmly adhere to the universally recognized principles of political, economic and cultural cooperation with other States.
Restoration of Statehood Independence of the Republic of Georgia fully complies with the Charter of the United Nations, the Helsinki and Vienna Acts, which acknowledge and strengthen the right of all nations to independently decide the political fate of their countries.
The Supreme Council of the Republic of Georgia hopes that the international community of States shall not remain indifferent to this legitimate and fair step undertaken by the Georgian people and shall acknowledge the restoration of Statehood Independence of Georgia, which would be one of the most solid guarantees for the security of the Republic of Georgia.
Signed by the members of the Supreme Council of the Republic of Georgia and the Government
Tbilisi, 9 April 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 4, p. 26-27)


DECREE  ISSUED BY THE PRESDIENT OF THE REPUBLIC OF GEORGIA on Nation wide National and Civil Disobedience
Over the recent period the peoples included within the Empire have intensified protesting and political-striking movement aimed at abolishment of the Central authority and establishment of the sovereign states.
Taking into account the existing difficult situation in Samachablo (former South Ossetian Autonomous Oblast-edit.), the political organizations of the Round Table organized strike of the transport means and organizations of the Union subordination in a response to the imperialist policy of the so called Centre.
Bearing in mind that these protesting actions have the only goal: the restoration of comprehensive and real independence of Georgia, to set Georgia free of subordination and dictate from the imperialistic structures, and that action represents immediate continuation of the process of nation-wide national and civil disobedience, I decree:
1. The ministries, agencies and administrative bodies shall provide maximum possible assistance to the nation-wide national and civil disobedience organized by the political organizations of the Round Table.
2. To set up consultative and coordinatingn councils composed of high rank official, who alongside the strike committee shall attach systematic character to the disobedience movement and see to it that economic interests of the Republic are not compromised.
3. To set up joint Media Council, which, together with the Press-center of the Supreme Council and the press-service of the president will secure dissemination of true and reliable information and its broadcast to the foreign countries.
(…)
President of the Republic of Georgia   Zviad Gamsakhurdia
15 April 1991
(Bulletin of the Supreme Council of the Republic of Georgia, # 4, 1991, p.16)


DECREE ISSUED BY THE COUNCIL OF NATIONALTIES OF THE SUPREME COUNCIL OF THE USSR on proposals aimed at normalization of the situation in the South Ossetia and its neighboring area
Having heard and discussed the information of the group of Deputies visiting the Republic of Georgia on 8-10 April of 1991, the Council of Nationalities notes that despite the efforts made by the Supreme Council of the USSR and the President of the USSR, either activities conducted by the unites of the troops of the Ministry of Interior of the USSR aimed at disarmament of the illegal formations and groups, still the situation in the South Ossetia remains quite complex and strained.  The number of casualties is increasing as well as of refugees from both Georgian and Ossetian sides.  Firing on the city Tskhinvali and the settlements of the Oblast never stops.  Tens of villages are robbed and given to arson.  The material and cultural valuables are being destroyed, as well as the economic and social infrastructure of the South Ossetia.
The Council of Nationalities finds the reconciliation and political methods as the only tools to settle the conflict.  Respective representatives of Georgian and Ossetian people have to find courage and decisiveness in overcoming of existing dramatic situation in order to secure centuries-old friendship and peaceful coexistence of Georgian and Ossetian people.  They have to do their best to remove mutual distrust, hostility, political disputes and act within the frame of the Constitution of the USSR and international norms on human rights.  The sides have to enter immediately into dialogue in order to secure cease-fire, save the lives of people, establish the peace and stability on the whole territory of the South Ossetia.
Stating on compulsory implementation of the Decree issued by the Supreme Council of the USSR of 1 April 1991 “on situation in the South Ossetian Autonomous Oblast”, the Council of Nationalities Decrees:
1.  To support the proposal envisaged in the Protocol signed by the representatives of the Supreme Council of the USSR and the Supreme Council of the Georgian SSR on establishment of inter-parliamentary Commission composed of the members of the Supreme Councils of the USSR, the Republic of Georgia and the RSFSR on equal footing with participation of representatives of the South Ossetia aimed at elaboration of action plan for regulation the situation in the region and for observing and realization the measures.
To take a note of the information that the Cabinet of Ministers of the USSR set up interagency operative Commission, which now is at the place of conflict and has started working.
2. To consider expedient on the side of the Commission dissemination of information to the public on the situation in the region.
3. To recommend the President of the USSR to set up the delegation for discussion of political, social and economic issues with the representatives of the Republic of Georgia.
Chairman of the Council of Nationalities R. Nishanov
24 April 1991
(Bulletin of the Congress of the People’s Deputies of the USSR and the Supreme Council of the USSR, 1991, # 18, p. 694-695)


THE LAW OF GEORIGA on Abolishing Tskhinvali and Khornisi Districts (rayons)
The Supreme Council of the Republic of Georgia decrees:
1. To abolish Tskhinvali district and attach its territory to Gori district.
2. To abolish Khornisi district and attach its territory to Kareli district.
3. To withdraw from Article 71 of the Constitution of the Republic of Georgia (Fundamental Law) the words ‘of Khornisi’ and ‘of Tskhinvali’.
The President of the Republic of Georgia Z. Gamsakhurdia
Tbilisi, 27 April 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 4, p. 82)


DECREE   OF THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on Separation from Java District the Village Councils of Sinaguri, Kirov and Chasavali.
The Supreme Council of the Republic of Georgia decrees:
To separate from Java District and attach to:
- Sachkhere District the village council of Sinaguri (20, 4 thousand hectares of land);
- Oni District the village councils of Kirov and Chasavali (3,6 thousand hectares of land).
The Chairman of the Supreme Council of the Republic of Georgia A. Asatiani
Tbilisi, 27 April 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 4, p. 83)


DECISION OF THE MEETING OF DEPUTIES OF THE OBLAS, CITY, DISTRICT, SETTLEMENT AND VILLAGE COUNCILS OF THE SOUTH OSSETIAN AUTONOMOUS OBLAST on implementation of the Decree of the President of the USSR of 7 January 1991 and the Decree issued by the Supreme Council of the USSR of 1 April 1991
The meeting of the all-level Deputies points to the grave social and political situation established in the South Ossetian Autonomous Oblast for the latest 2-3 years.  The tension went to mount in November 1989 and later in March and June of 1990.  The Republic of Georgia declared null and void all state structures of Georgia that had been established since 25 February 1921.  The Treaty of 21 May 1921, Treaty on establishment of the Trans-Caucasus Union of the Federative Socialist Republics (TUFSR) of 12 March 1922 and the Treaty on establishment of the USSR of 30 December 1922 have been declared unlawful.
Proceeding from the aforementioned the supreme legislative organ of Georgia abrogated all soviet structures in the whole territory and practically repealed the Constitution of the Georgian SSR.  Taking into consideration the established situation, the 14th session of the Council of People’s Deputies of the South Ossetian Autonomous Oblast, on 20 September 1990 issued the Decree on reorganization of the South Ossetian Autonomous Oblast into the South Ossetian Soviet Democratic Republic.
Thereupon, on 1 December 1990 the Supreme Council of Georgia adopted the law on abrogation of the South Ossetian Autonomous Oblast established upon the Decree of the Central Executive Committee of April of 1922.
However, by the Decree of the President of the USSR of 7 January 1991 “on certain legal acts adopted by the Georgian SSR in December 1990” those decisions of the Georgian SSR have been declared as opposing the Constitution of the USSR and other Union laws.
Tragic events have been developed since 5-6 January of 1991 with the detachment of Georgian militia formations to Tskhinvali.  The situation was aggravated by the fact that neither the Republic of Georgia, nor the South Ossetia carried out the Decree of the President of the USSR of 7 January 1991.
The lack of legal executive power in the South Ossetia becomes the reason for procrastination of the stabilization of social and political situation and for the resolution of vital important issues.
In condition of state of emergency, when the most of the territory of Tskhinvali and Znauri districts are occupied, disastrous earthquake dilapidated hundreds of enterprises and farms, thousands of houses and tens of villages of the Oblast are destroyed and the village Java is completely devastated; the Meeting of the Deputies considers necessary immediate implementation of the Decree of the President of the USSR of 7 January 1991 and the Decree issued by the Supreme Council of the USSR of 1 April 1991.
Proceeding from the aforementioned and deeply concerned at the further developments in the region, striving for the termination of the inter-ethnic opposition of the Ossetian and Georgian people, the Meeting of the all-level People’s Deputies of the South Ossetia decides:
1.  To declare null and void the Decree issued by the 14th Session of the Council of People’s Deputies of the South Ossetian Autonomous Oblast of 20 September 1990 “on reorganization of the South Ossetian Autonomous Oblast into South Ossetian Soviet Democratic Republic” in order to implement the Decree of the President of the USSR of 7 January 1991 “On certain legal acts adopted by the Georgian SSR” and the Decree issued by the Supreme Council of the USSR of 1 April 1991 “on situation in the South Ossetian Autonomous Oblast”.
2. To restore the functioning of the institution of state authority and management of the South Ossetian Autonomous Oblast that was in force until September 1990.
3. Taking into consideration established extreme social and economic situation in the Oblast and the state of emergency in Tskhinvali and Java districts, the authority of the supreme state organ shall be laid on the Meeting of the all-level Councils of the People’s Deputies until the next elections of the people’s deputies to the local councils.
4. Executive committee of the Council of the People’s Deputies of the South Ossetian Autonomous Oblast shall exercise the executive and administrative authority between the meetings.
5. Based on the will of the people of the South Ossetia expressed at the Referendum of the USSR on 17 March 1991 on preservation and renewal of the USSR, the Meeting considers necessary to submit a petition to the Supreme Council of the USSR on independent participation of the Oblast in the Union Treaty authorizing him to sign the Treaty as a subject of Federation. For the purpose of preparation and signing of the Treaty to set up plenipotentiary delegation of the South Ossetian Autonomous Oblast comprising of: 1. Gassiev Z.I. - Head of Delegation; 2. Kochiev G.V., 3. Khubulov V.N., 4. Khugaev G.G., 5. Chekhoev A.G.
6.  To ask the Supreme Council of the USSR to endorse this Decision.
7. This Decision shall be published in the Oblast press and the Supreme Council of Georgia shall be familiarized with this Decree.
The chairman of the Meeting  Z. Gassiev
Secretary of the Meeting L. Ostaeva
4 May 1991
(Newspaper “Sovetskaia Ossetia”, # 41, 16 May 1991)
 

DECREE  ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on decree issued on 4 May 1991 by the Oblast Council of People’s Deputies of the former Autonomous Oblast of South Ossetia.
The illegally convened on 4 May 1991 session of the District Council of People’s Deputies of the former Autonomous District of South Ossetia decided to abolish the so called Soviet Democratic Republic of South Ossetia and restore the Autonomous Oblast of South Ossetia, which, was acknowledged as a constituent part of the Republic of Georgia, but was declared to be under “administrative” jurisdiction of the Soviet Socialist Federative Republic of Russia.
The Presidium of the Supreme Council of the Republic of Georgia decrees:
1. To invalidate and consider null and void the decree issued on 24 May 1991 by the District Council of People’s Deputies of the former Autonomous District of South Ossetia.
2. To inform M. Gorbachov – the President of the Soviet Union; B. Yeltsin - the Chairman of the Supreme Council of the Soviet Socialist Federative Republic of Russia, and R.Nishanov - the Chairman of the Council of Nationalities of the Supreme Council of the Soviet Union about the assessment provided by the Presidium of the Supreme Council of the Republic of Georgia with regard the aforementioned provocative act.
Chairman of the Supreme Council of the Republic of Georgia  A. Asatiani
7 May 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 5, p.12)


STATEMENT OF THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA
The Supreme Council of the Republic of Georgia, having learnt the Decree issued by the Supreme Soviet of the USSR of 12 May 1991 ‘on the Resolution of the meeting of the People’s Deputies of Oblast, City, Rayon, Village and Community Soviets of the South Ossetian Autonomous Oblast ‘on Implementation of the Decree by the President of the USSR of 7.01.91 and the Decree of the Supreme Soviet of the USSR of 01.014.91’’ declares, that the aforementioned Decree issued by the supreme state authority of the USSR represents the attack on the territorial integrity of Georgia’s sovereign state. The territory of the former South Ossetian Autonomous Oblast is indivisible part of  the sovereign state of Georgia no one is authorized to discuss the issue on its attachment to another state.   The Decree of the Supreme Soviet of the USSR of 12 May of 1991 runs counter to the Constitution of the USSR, the law of the USSR of 26 April of 1991 ‘on Separation of Authorities between the Subjects of the Federation and the USSR’,  Joint Declaration of the President of the USSR and of nine Union Republics, as well as to the documents relating to the new Union Treaty.
The document of the Supreme Soviet of the USSR of 12 May, regretfully, is adopted in a moment when the Trilateral Interparliamentary Commission has been established at the initiative of the Republic of Georgia  composed of the deputies of the USSR, as well as  the deputies of the Supreme Council of the Republic of Georgia, Supreme Soviet of the USSR and the Supreme Soviet of the RSFSR that shall elaborate proposals on regulating the conflicting situation on the territory of the former Autonomous oblast of South Ossetia.  The aforementioned Decree of the Supreme Soviet of the USSR imposes the threat to realization of measures aimed at implementing the Decree of the Soviet of Nationalities of the Supreme Soviet of the USSR of 24 April 191.  It should be mentioned, that at that meeting, chaired by the Chairman of the Soviet of Nationalities R. Nishanov, ‘the consensus’ has been reached, which considered annulment of the illegal declaration of independence of the former autonomous oblast and participation of representatives of the South Ossetia in the work of joint commission composed of the deputies of the Supreme Soviets of the USSR, RSFSR and of the Republic of Georgia.  Therefore, the action of the deputy A. Chekhoev in the city of Tskhinvali shall be considered as a provocation and gross violation of the ethics and ignorance of the Decree of the Soviet of Nationalities. it also should be mentioned that The Supreme Soviet of the USSR, as the highest legislative body, hasn’t been authorized to consider the applications by the former deputies of the oblast, who, having declared unlawfully the Republic thereby moved out their authority.
The aforementioned Decree of the Supreme Soviet of the USSR once again indicates that the leadership of the USSR, using all the means against the republics striving for independence, is ready even to encroach on the integrity of their territories.
The Supreme Council of the Republic of Georgia expresses its firm protest against the Decree of the Supreme Soviet of the USSR of 12 May 1991 and considers it as an interference in the domestic affairs of Georgia that runs counter to the rules of International Law.  Continuation of such policy and attitude towards the Republic of Georgia may entail unpredictable consequences.  In this case the leadership of the Soviet Union shall take the burden of responsibility.
Chairman of the Supreme Council of the Republic of Georgia A. Asatiani
Tbilisi, 14 May 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1990, # 5, p. 79-80)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE USSR on decision of the Meeting of Deputies of the Oblast, City, District, Settlement and Village Councils of the South Ossetian Autonomous Oblast on “Implementation of the Decree of the President of the USSR of 7 January 1991 and the Decree issued by the Supreme Council of the USSR of 1 April 1991”
Having discussed the Decision of the Meeting of Deputies of the Oblast, City, District, Settlement and Village Councils of the South Ossetian Autonomous Oblast, the Supreme Council of the USSR decrees:
1. To take of note of the Decision of the Meeting of Deputies of the Oblast, City, District, Settlement and Village Councils of the South Ossetian Autonomous Oblast on “Implementation of the Decree of the President of the USSR of 7 January 1991 and the Decree issued by the Supreme Council of the USSR of 1 April 1991”.
2. To submit the aforementioned Decision of the Meeting of the People’s Deputies of the South Ossetian Autonomous Oblast to the President of the USSR, as well as to the Chairman of the Council of Nationalities and the Commission on the National Policy and International Relations of the Council of Nationalities in order to be considered while working on the draft of the New Union Agreement.
Chairman of the Supreme Council of the USSR A. Lukyanov
12 May 1991
(Newspaper “Sakartvelo”, special addition, 1995; Personal Archive of the Author)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE USSR on the work of the interstate Commission on normalization of the situation in the South Ossetia and its neighboring area
The Presidium of the Supreme Council of the USSR decrees:
1. To take notice of the information submitted by Comr. Gusev V.V. on the work of the interstate Commission on normalization of the situation in the South Ossetia and its neighboring area.
2. To address to the state authorities of the Republic of Georgia with a proposal of carrying out all necessary measures in order to settle the regional conflict, suspend the operation of illegal military formations, eradicate the damage caused by earthquake, restore the transport, energy and water supply and establish the necessary life-conditions for population of the region.
3.  To entrusts the Cabinet of Ministers of the USSR with a task of securing the support to the regions of Georgia that have damaged by the earthquake through granting material-technical and financial means for elimination of the consequences of the natural disaster.
4.  To accelerate the process of establishment of the State Committee of the USSR on National Issues in compliance with the Law of the USSR of 27 March 1990 and the Decree of the Council of Nationalities of the Supreme Council of the USSR of 27 February 1991.
Chairman of the Supreme Council of the USSR A. Lukianov
25 June 1991
(Newspaper “Sakartvelo”, special addition, 1995; Personal Archive of the Author)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE ABKHAZ ASSR on the law of Georgia on “Creation of the Interior Troops - the National Guard of the Republic of Georgia”
The Presidium of the Supreme Council of the Abkhaz ASSR notes that with a breach of the requirements set forth in the Decree of the President of the USSR “on Prohibition of establishment of the armed formations incompliant with the legislation of the USSR and Seizure of illegal arms”, the Republic of Georgia, in conformity with the Georgian law on “Creation of the Interior Troops - the National Guard of the Republic of Georgia” has established the battalion authorized to carry firearms.
Aforementioned Decree of the President of the USSR was issued on 25 July 1990 and considered disband of unlawful military formations in 15 days term from the moment of issuing the decree.  However, the legislative and executive authorities of Georgia completely ignored this Decree.
Pursuant to the law of Georgia on Creation of the Interior Troops - the National Guard, it shall be established through universal conscription of the citizens of Georgia those have attained the age of 13.  The recruiting center is created at the central railway station of Sukhumi and 201 people submitted the applications to the Military Commissar of Sukhumi by 13 June of 1991.  Such activity is a breach of Constitution of the USSR and the law of the USSR “on separation of competences between the USSR and the subjects of Federation”, which renders exclusive rights on establishment of the military formations under the jurisdiction of the USSR.  Proceeding from the aforementioned, the practice of the Supreme Council of the Republic of Georgia on creation of the National Guard, regardless its purpose, is unlawful.
The Presidium of the supreme Council of the Abkhaz ASSR decrees:
1.  To consider null and void the law of the Republic of Georgia on “Creation of the Interior Troops - the National Guard of the Republic of Georgia” that runs counter to the Decree of the President of the USSR “on Prohibition of Creation of the Armed Formations Incompliant with the Legislation of the USSR and Seizure of illegal Arms”.
2. The Council of Ministers of the Abkhaz ASSR, the Ministry of Interior of the Abkhaz ASSR, KGB of the Abkhaz ASSR, the Procuracy of the Abkhaz ASSR, the Military Commissar of the Abkhaz ASSR shall carry out measures aimed at fulfilling of the tasks incumbent by the Decree of the President of the USSR “on Prohibition of Creation of the Armed Formations Incompliant with the Legislation of the USSR and Seizure of Illegal Arms”.
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
2 July 1991
(Newspaper “Abkhazia”, # 32, 13 August 1991)


DECREE # 288 ISSUED BY THE MINISTRY OF EDUCATION OF THE REPUBLIC OF GEORGIA
Pursuant to the decree issued on 14.11.90 by the Supreme Council of the Republic of Georgia on introduction of title “The Republic of Georgia” and introduction of new “coat of arms of the Republic of Georgia, by virtue of the decree issued on 22.10.90 by the Supreme Council of the Republic of Georgia the former “Ministry of People’s Education” was renamed into “the Ministry of Education”.
The aforementioned changes determined the necessity of changing the seals, stamps and signboards of educational establishments.
However, in a number of population aggregates, where there are several educational establishments of the same type (day nurseries, kindergartens, secondary schools etc), proper numeration of these establishments has not been introduced so far. That is why the only means of distinguishing those educational establishments remain in the language of instruction. It should be pointed out thatsubstantial changes have been introduced to the titles of a number of educational institutions recently.
Taking the aforementioned into consideration, I decree:
1. To introduce the new seals, stamps and signboards, in accordance with the attached samples, to all educational establishments.
2. The Ministries of Education of the Abkhaz and Ajara Autonomous Republics, Departments of Education of towns and regions, directorates of secondary and special education, chancelleries of higher education and leadership of other educational establishments shall secure the introduction of the new patterns of seals, stamps and signboards, worked out by the Ministry of Education of the Republic of Georgia, no later that the end of November 1991.
Minister E. Javelidze
5 July 1991
(Archive of the Ministry of Education of Georgia)
 

LAW OF THE ABKHAZ AUTONOMOUS SOVIET SOCIALIST REPUBLIC on Changes and Amendments to the Constitution (Organic Law) of the Abkhaz ASSR
(…)
25. To formulate Articles 154, 155, 156 as follows:
(…)
Article 156.  The Prosecutor of the Abkhaz ASSR shall be appointed with a consent of the Prosecutor General of the USSR, the Prosecutor General of the Republic of Georgia and the Supreme Council of the Abkhaz ASSR and is accountable to the latter.  In the part of exercising of supervision on observation of the laws the Prosecutor of the Abkhaz ASSR is subordinated to the Prosecutor General of the USSR and the Prosecutor General of the Republic of Georgia.  The Deputy Prosecutors of the Abkhaz ASSR shall be appointed by the Supreme Council of the Abkhaz ASSR with the consent of the Prosecutor General of the Republic of Georgia upon the nomination of the Prosecutor of the Abkhaz ASSR; District and city prosecutors of the Abkhaz ASSR shall be appointed by the Prosecutor of the Abkhaz ASSR with the consent of the Prosecutor General of the Republic of Georgia.
27. To formulate Article 163 as follows:
“Article 163. The Constitution of the Abkhaz ASSR may be changed on the basis of decision of the Supreme Council of the Abkhaz ASSR adopted by the majority of a total number of deputies of the Abkhaz ASSR, not less than 1/3”.
28. In the text of the Constitution (Basic law) of the Abkhaz ASSR, the words “Georgian SSR” shall be replaced with the words “Republic of Georgia”.
Chairman of the Supreme council of the Abkhaz ASSR V. Ardzinba
9 July 1991
(Newspaper “Afxazetis Khma”, # 127, 2 August 1991)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE ABKHAZ ASSR on Establishment of the Central Electoral Commission on election of the Deputies to the Supreme Council of the Abkhaz ASSR
Based on the Decree issued by the Supreme Council of the Abkhaz ASSR “On election of the Deputies to the Supreme Council of the Abkhaz ASSR of 20th Convocation and People’s Deputies to the Local Councils” of 9 July 1991 and pursuant to Article 20 of the Law of the Abkhaz ASSR “on election of the Deputies to the Supreme Council of the Abkhaz ASSR”, the Supreme Council of the Abkhaz ASSR decrees:
1. To set up the Central Electoral Commission on election of the deputies to the Supreme Council of the Abkhaz ASSR composed of:
V. M. Tsugba… Chairman of the Commission, Sukhumi City; V. V. Antsupov…Sukhumi City; V. I. Gasvian … Sukhumi City; I. Z. Grinenko… Gagra City; L. A. Demirchyan… Gudauta districts; G. A. Eremyan… Sykhumi City; P. L. Kvachakhia… Sukhumi City; I. T. Kvitsinia..; P. M. Lagvilava…Sukhumi City; M. G. Tashiyan … Tkvarcheli City; D. F. Timofeev … Sukhumi City; T. X. Khalbadi … Sukhumi City; V. I. Shonia … Gali district; R. I. Ebzhow… Sukhumi City.
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
20 July 1991
(Newspaper “Afxazetis Khma”, # 122, 23 July 1991)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF GEROGIA on Establishment of Interim Organs of Governance and Fixing the Date of Elections to Sakrebulos (local councils - edit.) on the Territory of the Former Tskhinvali District.
Due to the complicated situation in the former Tskhinvali district, elections to the local Sakrebulos have not been held. As a result, there is no organ of State authority and governmental body at the level of community and village.
Having considered proposal suggested by the Prefects of Gori and the Gori district on establishment of interim organs of Governance and fixation of date of elections to Sakrebulos, the Supreme Council of the Republic of Georgia decrees:
1. To entrust the Prefects of Gori and the Gori district with a task of appointing their plenipotentiaries as acting Camgeblebi (Chairpersons - edit.) of Sakrebulos on the territory of former Tskhinvali District’s community councils.
2. The term of jurisdiction of the plenipotentiaries shall be expired immediately upon election of Gamgeblebi to local Sakrebulos.
3. To hold elections to the Kurti, Kemerti and Berula community Sakrebulos respectively on 25, 26, and 28 September of 1991.
4. This decree shall come into force immediately upon publication.
Chairman of the Supreme Council of the Republic of Georgia Akaki Asatiani
25 July 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 7, p. 93)


LAW OF THE REPUBLIC OF GEORGIA on Changes and Amendments to the Constitution
The Supreme Council of the Republic of Georgia decrees:
To make the following changes and amendments to the Constitution of the Republic of Georgia:
1. To word the first part of Article 1212  as follows:
“The person born in Georgia, from 35 to 65 years old, which has permanently lived in Georgia for at least last 5 years, may be elected as the president of Georgia”
2. To word the Paragraph 10 and 13 of Article 1214 as follows:
10) Signs the laws of the Republic of Georgia; is authorized to return the law with further amendments to the Supreme Council of the Republic of Georgia or to the Supreme Council of the Autonomous Republic within two weeks.  If the Supreme Council of the Republic of Georgia or the Supreme Council of the Autonomous Republic approves their previous decision with 2/3 of votes, the president of the Republic shall sign the law of the Republic or issue the decree on termination of effect of the law of the autonomous republic, or submit it to the referendum”
13) Is authorized to abolish Decrees issued by the Government of the Republic of Georgia and Decrees and Orders issued by the Ministries and legal acts of other subordinated agencies, as well as the Decrees issued by the Prefects; to terminate the validity of Decrees issued by the Supreme Council of Autonomous Republic and Decrees and Orders issued by the Council of Minister of the Autonomous Republic if they do not comply with the Constitution and the laws of the Republic of Georgia”
The president of the Republic of Georgia Z. Gamsakhurdia
25 July 1991
(Bulletin of the Supreme Council of Georgia; # 7, 1991, p. 88-89)


DECREE # 342 ISSUED BY THE MINISTRY OF EDUCATION OF THE REPUBLIC OF GEORGIA on Regulation of Enrolment in Pre-School Establishment and First Classes of Secondary Schools
The pedagogical science and practice have born it out that education of children in non-native language inflicts immense damage to formation of individuality, causes mental and physical deformation among children and condemns them to being inferior members of society. Nevertheless, due to heavy legacy of the past, there are some incidents when parents, being unaware of elementary requirements of pedagogical science, tend to make wrong decisions - they enroll their children in non-Georgian pre-school establishments and first classes of secondary schools. And all that is happening when huge attention is being paid to restoration and strengthening of State status of Georgian language.
Proceeding from the aforementioned, I decree:
1. To entrust the Ministries of Education of Autonomous Republics, heads of Departments of Education of cities and districts, directors (managers) of non-Georgian pre-school establishments and secondary schools with a task of securing that not a single child of Georgian nationality is enrolled in non-Georgian pre-school establishment and first class of secondary school.
2. To entrust the Department of Education in Secondary Schools with a task of monitoring proper implementation of this decree.
Minister E. Javelidze
31 July 1991
(Archive of the Ministry of Education of Georgia)


DECREE  ISSUED BY THE PRESIDENT OF THE REPUBLIC OF GEORGIA on Stay of Execution of Law of the Abkhaz ASSR Adopted on 9 July 1991 on Introduction of Amendments to Paragraph 14 of Article 92 and Article 156 of the Constitution of the Abkhaz ASSR.
On July 9, 1991 the Supreme Council of the Abkhaz ASSR adopted a Law on Introduction of Amendments to Paragraph 14 of Article 92 and Article 156 of the Constitution of the Abkhaz ASSR, according to which the Prosecutor of the Abkhaz ASSR is appointed by the Supreme Council of the Abkhaz ASSR with the consent of the  Prosecutor General of the USSR and the Prosecutor General of the Republic of Georgia, and is accountable to the Supreme Council of the Abkhaz ASSR. While monitoring observance of law and order, Prosecutor of the Abkhaz ASSR is accountable to the Prosecutor General of the USSR and the Prosecutor General of the Republic of Georgia.
Deputy Prosecutors of the Abkhaz ASSR, provided there is consent from the Prosecutor General of the Republic of Georgia, are appointed by the Supreme Council of the Abkhaz ASSR upon proposal of the Prosecutor of the Abkhaz ASSR. Prosecutors of districts and towns of the Abkhaz ASSR, provided there is consent from the Prosecutor General of the Republic of Georgia, are appointed by Prosecutor of the Abkhaz ASSR.
This Law of the Abkhaz ASSR contradicts to Article 77 of the Constitution of the Republic of Georgia, according to which “the Prosecutors of the Autonomous Republics of the Republic of Georgia are appointed by the Prosecutor General of the Republic of Georgia upon proposal of the Supreme Council of the Autonomous Republics”.
Pursuant to Paragraph 10 of Article 1214 of the Constitution of the Republic of Georgia, I decree:
1. To terminate implementation of Law of the Abkhaz ASSR Adopted on July 9, 1991 on Introduction of Amendments to Paragraph 14 of Article 92 and Article 156 of the Constitution of the Abkhaz ASSR, since it contradicts to the Constitution of the Republic of Georgia.
2. Pursuant to article 82 of the Constitution of the Republic of Georgia, to suggest to the Supreme Council of Abkhazian ASSR that in the process of appointment of Prosecutor, deputy Prosecutors and Prosecutors of towns and districts of the Abkhaz ASSR be guided by the requirements of Article 77 of the Constitution of the Republic of Georgia.
President of the Republic of Georgia  Zviad Gamsakhurdia
5 August 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 8, p.  9-10)
 

DECREE ISSUED BY THE PRESIDENT OF THE REPUBLIC OF GEORGIA on Stay of Execution of the decree issued on 20 July 1991 by the Presidium of Supreme Council of the Abkhaz ASSR
On 20 July  1991 the Presidium of the Supreme Council of the Abkhaz ASSR issued the decree on “Creation of Central Electoral Commission for the Elections of Deputies to the Supreme Council of the Abkhaz ASSR”.
This act of the Presidium of the Supreme Council of the Abkhaz ASSR grossly violates the Constitution of the Republic of Georgia, the current legislation and the law of ASSR on “the Elections of Deputies to the Supreme Council of the Abkhaz ASSR” itself.
Two thirds of the total number of members of the Central Electoral Commission are representatives of the bloc “Soyuz”. 13 Members of the Commission are from Sukhumi, while representatives proposed by the executive committees of Guliripsh, Ochamchira and Sukhumi districts were denied membership of the Commission without any explanation and justification. Therefore, Article 20 of the law of ASSR on  “the Elections of Deputies to the Supreme Council of the Abkhaz ASSR was violated, according to which in the process of creation of central electoral commission, proposals put forward by executive committees of districtss and towns must be taken into due account.
As a result of the decree issued by the Presidium of Supreme Council of the Abkhaz ASSR, the Georgian population of Abkhazia found itself being overtly discriminated against. Unlike the rest of population, electoral rights of Georgians are not protected at all. The fact that the legislation of Abkhazia does not provide for procedures of challenging decisions of the central electoral commission further aggravates the already difficult situation of Georgian electorate. All the aforementioned represent violation of article 32 of the Constitution of the Republic of Georgia, which provides for principle of equality of all citizens in their electoral rights regardless of their ethnic origin.
Holding of elections of Deputies to the Supreme Council of the Abkhaz ASSR through non-democratically and illegally elected central electoral commission determined the very unlawfulness of the elections from the very start.
Pursuant to Paragraph 13 of Article 1211 of the Constitution of the Republic of Georgia
I decree:
To terminate the execution of the decree issued on 20 July 1991 by the Presidium of Supreme Council of Abkhazian ASSR on “Creation of Central Electoral Commission for the Elections of Deputies to the Supreme Council of the Abkhaz ASSR” as it contradicts to the Constitution and the current legislation of the Republic of Georgia.
President of the Republic of Georgia Zviad Gamsakhurdia
5 August 1991
(Newspaper “Sakartvelos Respublica”, # 130, 7 August 1991)

 
DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on Activities Carried Out during the events of 19-21 of August by the Bureau of the Central Committee of Communist Party (CP) of Georgia, the Republican Committee of CP of Abkhazia, the Oblast Committee of CP of the former South Ossetia and the self-imposed Executive Committee of the Council of People’s Deputies of so called South Ossetia.
In gross violation of the USSR Constitution itself, from 19-21 August 2002 attempted coup d’etat took place in the USSR that gave rise to activation of the USSR-created spy organizations in the neighboring to the USSR sovereign States. Those actions resulted in overt military interventions and attempted interventions in the Baltic States and Georgia, aiming to topple the constitutional regimes and dismantle statehood of those countries.
Statements of organs of Communist Party of Georgia (and the Abkhaz ASSR) and of so called South Ossetia in support of the criminal group of organizers of attempted coup d’etat in the Soviet Union, amount to overt appeal to the illegal junta of foreign country to interfere in internal affairs of the sovereign Georgia aimed at toppling the constitutional government in Georgia and violate its territorial integrity.
“Activities” of the self-imposed Executive Committee of the Council of People’s Deputies of the so-called South Ossetia deserve special mentioning. As it is widely known that for more than 8 months now, this criminal group, thanks to vast support of armed forces of the USSR, has been usurping state power and exercising illegal authority on the part of territory of Shida Kartli. In response to these illegal actions, the Supreme Council and the President of the Republic of Georgia have repeatedly raised protest against the relevant bodies of the USSR and the International community. “Thanks” to the criminal activities of the USSR “competent” organs, the state of lawlessness is still continues to persist, while the aforementioned individuals laid bare their genuine face by fully supporting the so called The State Emergence Committee of the USSR.
Taking all the aforementioned into consideration, the Supreme Council of the Republic of Georgia decrees:
1. To prohibit the Communist party of Georgia and all Communist Unions on the territory of Georgia and to suspend the functioning of their bodies.
2. To nationalize the property of the Communist party of Georgia and all Communist Unions on the territory of Georgia declaring is as the property of the Republic of Georgia.
3. The Government of the Republic of Georgia shall secure receiving of the property of the Communist party of Georgia and all Communist Unions on the territory of Georgia.
4. The Banks of the Republic of Georgia shall terminate all banking operations from the accounts of the Communist party of Georgia and all Communist Unions on the territory of the Republic of Georgia, including primary, district, regional organizations and economic and other subordinate organizations.
5. The Prosecutor’s Office of the Republic of Georgia shall address and make decision on bringing to justice those individuals, who have committed crime against the Republic of Georgia in the course of the 19-21 August events unfolded in the USSR.
6. To terminate authority of the Deputies elected at the Supreme Council of the Republic of Georgia from the Communist Party of Georgia;  The Commission on Mandate and Ethics of Deputies shall submit a proposal to the next session on the authority of those deputies.
7. The persecution or discrimination of citizens with regard of their membership in the Communist Party is inadmissible.
Chairman of the Supreme Council of the Republic of Georgia A. Asatiani
26 August 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 8, p. 164-165)


LAW OF THE ABKHAZ ASSR on amendments to the Constitution (Organic Law) of the Abkhaz ASSR
The Supreme Council of the Abkhaz ASSR decrees:
To make the following amendments to the Constitution (Organic Law) of the Abkhaz ASSR:
1. To add to Article 98 of the Constitution of the Abkhaz ASSR the following words: “laws and other legal acts related to the issue of the legal status of the Abkhaz ASSR shall be decided by two-thirds of the total number of Deputies of the Supreme Council of the Abkhaz ASSR that is considered by this Constitution.
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
27 August 1991
(Newspaper “Afxazetis Khma”, # 145, 5 September 1991)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE ABKHAZ ASSR on implementation of the law of the Abkhaz ASSR  of  27 August 1991 “on amendments to the Constitution (Organic Law) of the Abkhaz ASSR”
The Supreme Council of the Abkhaz ASSR decrees:
The Law of the Abkhaz ASSR of 27 August 1991 “on amendments to the Constitution (Organic Law) of the Abkhaz ASSR” shall come into force from the moment the decision on the political-legal status of the Abkhaz ASSR will be taken by the Supreme Coucnils of Georgia and the Abkhaz ASSR.
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
27 August 1991
(Newspaper “Afxazetis Khma”, # 145, 5 September 1991)


LAW OF THE ABKHAZ ASSR on changes to the law of the Abkhaz ASSR on Public Referendum in the Abkhaz ASSR
The Supreme Council of the Abkhaz ASSR decrees:
To add to Article 5 of the Law of the Abkhaz ASSR “on Public Referendum in the Abkhaz ASSR” as the paragraph 3 the following:
“The issues related to the holding the referendum that needs constitutional changes shall be decided solely by the Supreme Council of the Abkhaz ASSR by the two-thirds majority out of the total number of the Deputies of the Supreme Council of the Abkhaz ASSR as it is considered by the Constitution of the Abkhaz ASSR”.
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
27 August 1991
(Newspaper “Afxazetis Khma”, # 145, 5 September 1991)


LAW OF THE ABKHAZ ASSR on changes to the law of the Abkhaz ASSR “on election of the Deputies to the Supreme Council of the Abkhaz ASSR”
The Supreme Council of the Abkhaz ASSR decrees:
To introduce to the Law “on election of the Deputies to the Supreme Council of the Abkhaz ASSR” the following changes and amendments:
(…)
2. Due to the necessity of stabilization of inter-ethnic relations in the Republic in time of elections of the Supreme Council of the Abkhaz ASSR, to add to Article 15 of the law of the Abkhaz ASSR “on election of the Deputies to the Supreme Council of the Abkhaz ASSR”, as a provisional measure, the following wording: “Only Abkhaz nationals are authorized to participate in the elections as the candidates at the following electoral districts: ## 7, 8, 9,11, 14, 15, 21, 22, 23, 24, 25, 26, 27, 28, 38, 39, 40, 41, 42, 43, 45, 54, 57, 58, 60, 62 and only Georgian nationals at the following districts: ##1, 2, 5, 13, 16, 17, 20, 29, 30, 31, 32, 33, 34, 35, 36, 37, 47, 48, 49, 50, 52, 56, 59, 61, 64, 65”
11. To formulate Paragraph 2 of Article 53 as follows:
“The candidate to the Deputy shall be considered elected if he/she got more votes than another candidate regardless the number of electors participating in voting”.
12. This law shall come into force with immediate effect.
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
27 August 1991
(Newspaper “Abkhazia”, # 37, 31 August 1991)
 

TEMPORARY LAW OF THE ABKHAZ ASSR on Rules of Election and Appointment of Officials by the Supreme Council of the Abkhaz ASSR
To introduce the following procedures of election and appointment of officials by the Supreme Council of the Abkhaz ASSR in accordance with Articles 93,99,104 and 111 of the Constitution of the Abkhaz ASSR:
1. The Chairman of the Supreme Council of the Abkhaz ASSR shall be elected from the Abkhaz Deputies of the Supreme Council of the Abkhaz ASSR  by secret ballot for a term of five years not more than two consecutive terms as Chairman.
2. The First Deputy to the Chairman of the Supreme Council of the Abkhaz ASSR shall be elected from the Georgian Deputies of the Supreme Council of the Abkhaz ASSR by secret ballot upon the submission of the Chairman of the Supreme Council of the Abkhaz ASSR for a term of five years not more than two consecutive terms.
3. The Chairman of the Council of Ministers of the Abkhaz ASSR shall be appointed by the Supreme Council of the Abkhaz ASSR upon nomination of the Chairman of the Supreme Council of the Abkhaz ASSR from the Georgian nationals by simple majority of votes.
4. The First Deputy to the Chairman of the Council of Ministers of the Abkhaz ASSR shall be appointed by the Supreme Council of the Abkhaz ASSR upon nomination of the Chairman of the Council of Ministers of the Abkhaz ASSR from the Abkhaz nationals by simple majority of votes.
5. The Deputies to the Chairman of the Council of Ministers, the Ministers, Chairmen of the State Committees and other agencies of state management under the jurisdiction of the Council of Ministers of the Abkhaz ASSR shall be appointed by 2/3 of votes upon nomination of the Chairman of the Council of Ministers of the Abkhaz ASSR.
6. The ethnic composition of standing and other commissions shall comply with the ethnic composition of the Supreme Council of the Abkhaz ASSR.
7. This law shall be adopted and changed pursuant to Article 62 of the Constitution of the Abkhaz ASSR and shall be in effect within the term of authority of the Supreme Council of the Abkhaz ASSR of the 20th convocation.
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
27 August 1991
(Personal Archive of Author)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE ABKHAZ ASSR on Bringing into Effect the Temporary Law of the Abkhaz ASSR on “Rules of Election and Appointment of Officials by the Supreme Council of the Abkhaz ASSR”
The Supreme Council of the Abkhazian ASSR decrees:
To bring into effect the Temporary Law of the Abkhaz ASSR on “Rules of Election and Appointment of Officials by the Supreme Council of the Abkhaz ASSR on 1 October 1 1991.
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
27 August 1991
(Personal Archive of the Author)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE ABKHAZ  ASSR on termination of activity of the Abkhaz Republican Committee of the Communist Party of Georgia
Due to the termination of the activity of the Central Committee of the Communist Party of the USSR and prohibition of the activity of the Communist Party of Georgia, and in the course of statement of the Abkhaz Republican Committee of the Communist Party of Georgia on support of so called State Committee on Emergency Situations,
the Supreme Council of the Abkhaz ASSR decrees:
1. To terminate activity of the Republican Committee of the Communist Party of Georgia on the territory of the Abkhaz ASSR.
2. Ispolkoms of the People’s Deputies shall exercise adequate measures in conformity with the acting legislation aimed at regulating the issues of employment and social security of the former Party personnel.
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
27 August 1991
(Newspaper “Afxazetis Khma”, # 145, 5 September 1991)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE ABKHAZ ASSR on the Law of the Republic of Georgia  “On Introduction of Changes and Amendments to the Constitution of the Republic of Georgia”
The Law of the Republic of Georgia of 31 July 1991 “On Introduction of Changes and Amendments to the Constitution of the Republic of Georgia”, expanding the authority of the President of the Republic of Georgia, entitled him with the right to suspend the laws of the Abkhaz ASSR and returning them back to the Supreme Council of the Autonomous Republic for reconsideration and adoption with a two-thirds of votes. In addition to the aforementioned, the amendments and changes to the Constitution entitled him with a right of suspension of those decrees of the Supreme Council and the Council of Ministers of the Autonomous Republic of Abkhazia that contradict to the Constitution and laws of the Republic of Georgia.
The Law on “Introduction of Changes and Amendments to the Constitution of the Republic of Georgia” was adopted in violation of the current Constitution of the Abkhaz ASSR, according to which the Supreme Council of the Abkhaz ASSR is entitled to independently decide on all issues under its competence by simple majority of deputies of the Supreme Council of the Abkhaz ASSR.
Taking into account the fact, that the Law of the Republic of Georgia on “Introduction of Changes and Amendments to the Constitution of the Republic of Georgia” was adopted in a unilateral manner and in violation of the sovereignty of Abkhazia, the Supreme Council of the Abkhaz ASSR decrees:
1. To consider the Law of the Republic of Georgia on “ Introduction of Changes and Amendments to the Constitution of the Republic of Georgia” as having no legal force and not subject to implementation.
2. In order to stabilize the situation and avoid inter-ethnic tensions, to immediately dispatch Comr. V.G. Kolbaia - First Deputy Chairman of the Supreme Council of the Abkhaz ASSR  to the Republic of Georgia in order to put forward proposal on abrogation of legal acts, adopted in violation of the Constitution of the Abkhaz ASSR.
Chairman of the Supreme Council the of Abkhaz ASSR V. Ardzinba
27 August  1991
(Personal Archive of the Author)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE ABKHAZ ASSR on Decree Issued by the President of the Republic of Georgia on “Suspension of the Law of Abkhazian ASSR of 9 July 1991 on Introduction of Amendments and Changes to Paragraph 14 of Article 92 and Article 156 of the Constitution of the Abkhaz ASSR”.
By the virtue of the decree issued by the President of the Republic of Georgia on 5 August 1991, those articles of the Constitution of the Abkhaz ASSR, defining the procedures of appointment of the Prosecutor of the Abkhaz ASSR and prosecutors of cities and districts of the Autonomous Republic, have been suspended and it is offered to the Supreme Council of the Abkhaz ASSR when appointing the Prosecutor and/or his/her Deputies, prosecutors of cities and districts of the Abkhaz ASSR, to be guided by Article 177 of the Constitution of the Republic of Georgia, according to which prosecutors of the Autonomous Republics are to be appointed by the Prosecutor General of the Republic of Georgia upon the proposals from the Supreme Council of Autonomous Republics.
This decree contradicts to Article 166 of the Constitution of the USSR and violates the right of the Autonomous Republic to independently decide on the issues of personnel policy.
In accordance with Article 2 of the law of USSR on “Separation of Competencies between the USSR and Subjects of the Federation”, if there is contradictions between the Constitution of the USSR and Constitution of the Union Republic of the USSR, the Constitution of the USSR shall prevail.
In addition, the decree of the President of the Republic of Georgia has been issued in violation of Article 121/4-paragraph 10 of the Constitution of the Republic of Georgia, according to which suspension of laws of the Autonomous Republic can be carried out within two weeks time-frame.
The Supreme Council of the Abkhaz ASSR decrees:
To consider the decree issued by the President of the Republic of Georgia on “ Suspension of the Law of Abkhaz ASSR of July 9, 1991 on Introduction of Amendments and Changes to Paragraph 14 of Article 92 and Article 156 of the Constitution of Abkhazian ASSR” as having no legal force and not subject to implementation.
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
27 August 27 1991
(Personal Archive of the Author)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE ABKHAZ ASSR on the laws of the Republic of Georgia “on Monetary Regulation in the Republic of Georgia”,  “on the National Bank of the Republic of Georgia” and “on the Banks and Banking Activity”
The laws “On Central Bank of the Abkhaz ASSR (The Bank of Abkhazia)” and “on the Banks and Banking activity” were adopted by the Session of the Supreme Council of the Abkhaz ASSR on 28 February 1991 in conformity with the laws of the USSR “On the National Bank of the USSR” and “on the Banks and Banking Activity”.  Pursuant to these laws the Bank of Abkhazia is  included into unified system of the Central Bank of the USSR that shall carry out unified monetary, fiscal and foreign currency policy of the USSR.
The laws adopted by the Republic of Georgia “on Monetary Regulation in the Republic of Georgia”,  “on the National Bank of the Republic of Georgia” and “on the Banks and Banking Activity” have established the monopoly of the Republic of Georgia on monetary and fiscal issues on the territory of the Abkhaz ASSR; Georgian Republican Bank of the State Bank of the USSR and other specialized Banks are declared as the property of the Republic of Georgia.
Moreover, several of the norms set out in the Georgian laws regarding the banks are not in agreement with the laws of the USSR, in particular: cash flow, emission, foreign currency regulation, monetary accommodation.  The exclusive right of the USSR on currency issue and withdrawal of banknotes is breached.  That is an attempt to change the banking system established by the USSR aimed at withdrawal of Abkhazia from the subordination of the unified banking system and introduction of the own currency of Georgia.
The laws adopted by the Republic of Georgia grossly violate the sovereign rights of Abkhazia in the part of realization of potential of the Abkhaz ASSR in banking activity rendered by the legislation of the USSR.
The Supreme Council of the Abkhaz ASSR decrees:
1. To consider null and void on the territory of the Abkhaz ASSR the laws adopted by the Republic of Georgia “on Monetary Regulation in the Republic of Georgia”,  “on the National Bank of the Republic of Georgia” and “on the Banks and Banking Activity”, which undermine unified monetary, fiscal and foreign currency policy of the USSR.
2.  The Central Bank of the Abkhaz ASSR shall secure efficient performance of  the bank institutions and services in compliance with the laws “On Central Bank of the Abkhaz ASSR (The Bank of Abkhazia)” and “on the Banks and Banking activity”.
3.  The Ministry of Finance of the Abkhaz ASSR shall not comply with the instructions of the Republic of Georgia  related to the implementation of aforementioned laws of the Republic of Georgia and shall inform the Supreme Council of the Abkhaz ASSR in case of such instructions.
5.  This Decree shall be sent to the Board of the National Bank of the USSR.
Chairman of the Supreme Council of Abkhazia V. Ardzinba
30 August 1991
(Personal archive of the author)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE ABKHAZ ASSR on Certain Acts Issued by the Ministry of Education of the Republic of Georgia
On 31 July of 1991 the Ministry of Education of the Georgian SSR issued the Order #343 that prohibits the Ministry of Education of the Abkhaz ASSR, heads of Departments of Education of cities and regions, directors (managers) of non-Georgian pre-school establishments and secondary schools to enroll in non-Georgian pre-school establishment and first class of secondary school a single child of Georgian nationality.
The mixed matrimony is a characteristic trait for multinational Abkhazia.  Therefore, the children not always speak the language of nationality they belong to and due to objective reasons not a Georgian language is native one for them.  Implementation of this law will establish serious impediments to the normal development of a child.  The right to choose the language of education,  in any cases, remains under the competence of parents.  The Orders, like the aforementioned, violate the human rights and take anti-democratic and anti-human character.
The executive institutions of the Republic of Georgia widely exercise attempt to interfere within the sphere of exclusive competence of the Abkhaz ASSR;  in accordance with the Order #288 of the Ministry of Education of 5 July 1991, the Ministry of Education of the Abkhaz ASSR is instructed to introduce the new seal, stamp and signboards, in accordance with the attached samples, to all educational establishments.  Therefore, and pursuant to this document,  Abkhazia is obliged to have the seal, stamp and signboards at all educational establishments that introduce the affiliation of the establishment exclusively to the Republic of Georgia and the Ministry of Education of Georgia without mentioning the title of the autonomous republic.
The Presidium of the Supreme Council of the Abkhaz ASSR decrees:
1.  To consider null and void on the territory of the Abkhaz ASSR the Order #342 of the Ministry of Education of the Republic of Georgia.
2. To consider null and void on the territory of the Abkhaz ASSR the Regulations on introduction new seal, stamp and signboards to all educational establishments attached to the Order #288 of 5 July 1991 of the Ministry of Education of Georgia.
3.  The city and district division of interior (militia), as well as the Department of Interior Affairs shall prevent producing the seals and stamps considered in the Regulations.
4.  The Ministry of Education of the Republic of Georgia shall elaborate in two-month term and submit to the Supreme Council of the Abkhaz ASSR the programme aimed at improving the quality of teaching of national languages  in pre-school establishments and in schools of Abkhazia.
5. The Ministry of Education of the Abkhaz ASSR shall exercise its function in compliance with the Decree #31 of 24 January of 1989 issued by the Cabinet of Ministers of the Abkhaz ASSR, Order #149 of 26 July of 1988 issued by the Cabinet of Ministers of the Abkhaz ASSR, as well as other legal acts issued by the Cabinet of Ministers and the Supreme Council of the Abkhaz ASSR, state and executive educational organs of the USSR.
Henceforth the decisions and acts adopted by the Ministry of Education and other state organs of the Republic of Georgia pertinent to the educational sphere shall be implemented only after getting approval of the Supreme Council and the Cabinet of Ministers of the Abkhaz ASSR.
(…)
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
27 September 1991
(Newspaper “Respublika Abkhazia”, # 13, 10 October 1991)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE ABKHAZ ASSR on securing the economic basis for the sovereignty of Abkhazia
In due course of the adoption of the law of the USSR “on organs of state authority and management of the USSR during transitional period” the substantive structural changes have been introduced to distribution of competences within the state organs of management of the USSR.  The Union organs are authorized to carry out the function of coordinator in the economic sphere.
In this connection it’s necessary to secure the economic basis for the sovereignty of Abkhazia and decide the issues relating to the financing and material-technical supply of enterprises, institutions and economic establishments of the Union and Republic subordination.
By current state there are 243 enterprises, institutions and organizations subordinate to the Union and Union-Republic.  The economic analyze of those institutions shows that the centralized system of material and technical supply of the institutions fails to provide resources for the operation of economic establishments.  In addition to all paid taxes, dues and fees, these organizations also make allocations to their superior organizations.  In current year these organizations allocated in the organizations of the Union subordination 3, 333, 600 roubles.
Considering the interests of multi-national Abkhazia regarding the securing of sovereign economic base and pursuant to the Constitution of the Abkhaz ASSR and Declaration of Independence of the Abkhaz SSR,
the Presidium of the Supreme Council of the Abkhaz ASSR decrees:
1.  To entrust the Cabinet of Ministers of the Abkhaz ASSR (Comr. Mikanba V.T.) with the following tasks:
- to secure before 1st January 1992 transfer and receive under the jurisdiction of the state-management authority of the Abkhaz ASSR the Union and Union-Republic subordinate institutions, enterprises and economic organizations allocated on the territory of Abkhazia…
- to secure interstate transaction on the course of implementation of this Decree and coordination with the relevant Ministries and Agencies of the USSR and the Republic when deciding the issues infringing the interests of institutions, organizations and enterprises transferring under the jurisdiction of Abkhazia;
- to elaborate proposals on establishment of the State Committee on Property Management by 5 October 1991;
- to elaborate and endorse the Regulations on the State Committee on Property Management;
- to elaborate and approve within a week term the Guidelines “on Rules and Procedures on transferring the Union and Union-Republic institutions, enterprises and organizations, allocated on the territory of Abkhazia under the jurisdiction of the Abkhaz ASSR”
2.  The Ministry of Justice of the Abkhaz ASSR, before 1 January of 1992, shall accomplish the registration all economic subjects transferring under the jurisdiction of  Abkhazia.
3.  The State Planning Committee of the Abkhaz ASSR (Comr. Ashkhantsava V.A), the Ministry of Finance (Comr. Sichinava R.B.) shall secure material-technical supply of institutions, organizations and enterprises transferring under the jurisdiction of Abkhazia…
(…)
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
27 September 1991
(Newspaper “Respublika Abkhazia”, # 15, 12 October 1991)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE ABKHAZ ASSR on Creation of the State Customs Service of the Republic of Abkhazia
The industrial-economic potential and geographical location of Abkhazia lays good ground to develop economic relations with foreign countries.  The state Committee on foreign economic and inter-state relations has been established.  There is a number of joint enterprises in progress.  The issues on  introducing the flights from Sukhumi to foreign countries, as well as introduction of free economic zone in Ochamchire District are under consideration.
In order to develop littoral trade, foreign tourism and economic relations, the presidium of the Supreme Council of the Abkhaz ASSR decrees:
1. To create the state Customs Service of the Republic of Abkhazia.
2. To negotiate the issues relating to the structure, personnel and activity of the state Customs Service of Abkhazia with the Customs Committee of the USSR.
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
27 September 1991
(Personal archive of the author)


DECREE ISSUED BY THE PRESIDENT OF THE REPUBLIC OF GEORGIA on Suspension of Effect of the Decree issued on 27 September 1991 by the Presidium of the Supreme Council of the Abkhaz ASSR “on Creation of the State Customs Service of the Republic of Abkhazia”
On 27 September 1991 the Presidium of the Supreme Council of the Abkhaz ASSR issued a decree on “Creation of the State Customs Service of the Republic of Abkhazia” and agreed on structure, personnel and pattern of activities of the service with the Customs Committee of the USSR.
The aforementioned decision taken by the Presidium contradicts the Law of the Republic of Georgia on the “ Customs Service of the Republic of Georgia”, adopted on 15 September 1991.  This law does not entitle the Autonomous Republics of Georgia with authority of creating customs services; moreover, the aforementioned decree contradicts Article 82 of the Constitution of the Republic of Georgia, according to which laws of the Republic of Georgia are equally binding on the whole territory of the Republic, including its autonomous republics.
Besides, by issuing the aforementioned decree, the Presidium violated Article 103 of the Constitution of the Abkhaz ASSR, which does not entitle it to take decisions of legislative character. Therefore, by doing so, the Presidium of the Supreme Council of the Abkhaz ASSR went beyond its competance.
Taking all the aforementioned into consideration and being guided by Article 121 Paragraph 13 of the Constitution of the Republic of Georgia, I decree:
To suspend implementation of the Decree issued on 27 September 1991 by the Presidium of the Supreme Council of the Abkhaz ASSR on “Creation of the State Customs Service of the Republic of Abkhazia”  since it contradicts both the Constitution of the Republic of Georgia and the Constitution of the Abkhaz ASSR.
President of the Republic of Georgia Zviad Gamsakhurdia
8 October 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 10, p.13)  
        

DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on the Decree issued on 27 September 1991 by the Presidium of the Supreme Council of the Abkhaz ASSR “on Creation of the state Customs Service of the Republic of Abkhazia”.
On 27 September 1991 the Presidium of Supreme Council of the Abkhaz ASSR issued a decree on “Creation of the State Customs Service of the Republic of Abkhazia” and agreed on structure, personnel and pattern of activities of the service with the Customs Committee of the USSR.
The aforementioned decision taken by the Presidium contradicts the Law of the Republic of Georgia on the “ Customs Service of the Republic of Georgia” adopted on 15 September 1991.  This law does not entitle the Autonomous Republics of Georgia with authority of creating customs services; moreover, the aforementioned decree contradicts Article 82 of the Constitution of the Republic of Georgia, according to which the laws of the Republic of Georgia are equally binding on the whole territory of the Republic, including its autonomous republics.
It should be pointed out, that by issuing the aforementioned decree, the Presidium violated Article 103 of the Constitution of the Abkhaz ASSR, which does not entitle it to take decisions of legislative character. Therefore, by doing so, the Presidium of the Supreme Council of the Abkhaz ASSR went beyond its competance.
By virtue of decree issued by the President of the Republic of Georgia, implementation of the Decree issued on 27 September 1991 by the Presidium of Supreme Council of the Abkhaz ASSR on “Creation of the State Customs Service of the Republic of Abkhazia”  was suspended, since it contradicts the Constitution and the Laws of the Republic of Georgia.
In accordance with Article 104, Paragraph 8 of the Constitution of the Republic of Georgia, the Supreme Council of the Republic of Georgia guarantees supremacy of Georgian Laws on the whole territory of the Republic, and in accordance with Paragraph 24 of the same Article, the Supreme Council of the Republic of Georgia observes the proper application of the Constitution of the Republic of Georgia and makes sure that constitutions and laws of the Abkhaz ASSR and Ajara ASSR do not contradict  the Constitution and Laws of the Republic of Georgia.
Taking all the aforementioned into consideration, the Supreme Council of the Republic of Georgia decrees:
1. To declare null and void the decree issued on 27 September 1991 by the Presidium of the Supreme Council of the Abkhaz ASSR on “Creation of the State Customs Service of the Republic of Abkhazia” since it contradicts the Constitution and Laws of the Republic of Georgia and the Constitution of the Abkhaz ASSR.
2. To advise the Supreme Council of Abkhaz ASSR to invalidate the decree issued on 27 September 1991 by the Presidium of Supreme Council of the Abkhaz ASSR on “Creation of the State Customs Service of the Republic of Abkhazia”
Chairman of the Supreme Council of the Republic of Georgia  Akaki Asatiani
8 October 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 10, p. 32-33)


DECREE ISSUED BY THE COUNCIL OF NATIONALITIES OF THE SUPREME COUNCIL OF THE RSFSR on Situation Established in the North Ossetian SSR
Having heard the information of the Commission on elaboration the measures aimed at stabilizing the situation in the region, the Council of Nationalities of the Supreme Council of the RSFSR decrees:
1.  To take notice of the information on the situation in the North Ossetian SSR delivered by the Commission.
2. To address to the Presidents of the USSR, the RSFSR and the Republic of Georgia with request to set up intergovernmental commission on immediate settlement of political, legal, economic and other problems emerged due to current events in the region and elaborate the measures to exercise control over the implicit implementation of the achieved understandings and agreements.
3. To propose inclusion on the agenda of the 5th extraordinary Congress of the People’s Deputies of the RSFSR the issue “on implementation of the Resolution issued by the 3rd Extraordinary Congress of the people’s Deputies of the RSFSR “On the Situation in the South Ossetia”.
4. To advise to the Supreme Councils of the USSR and the RSFSR to speed up the process of adoption of the laws of the RSFSR “On Refugees and Displaced Persons” and “On Citizenship of the RSFSR”.
5. In case of failure in implementation of reached understandings and agreements, and taking into account the events in the South Ossetia, as well as increasing number of refugees to the North Ossetia running counter to the interests of the RSFSR, to address to the President of the RSFSR with a proposal to consider aforementioned issue.
6. The Council of Ministers of the RSFSR, within the ten-day term, shall consider the issue on caring out additional measures in order to grant material assistance to the North Ossetian SSR.
The Chairman of the Council of Nationalities
of the Supreme Council of the RSFSR R. G. Abdulatypov
16 October 1991
(Bulletin of the Congress of the People’s Deputies of the RSFSR and the Supreme Council of the RSFSR, 1991, # 44, p. 1715)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE NORTH OSSETIAN SSR on Appeal of the Session of the South Ossetian Oblast Council of the People’s Deputies to the Supreme Council of the North Ossetian SSR
Having discussed the appeal of the Session of the South Ossetian Oblast Council of the People’s Deputies of 13 September 1991, considering a new wave of escalation of the violence in the South Ossetia and urgent need to protect the population against deportation and genocide, the Supreme Council of the North Ossetian SSR decrees:
1. To address to the President of the RSFSR and the Supreme Council of the RSFSR for securing the fundamental human rights and carrying out immediate measures for putting an end to the bloodshed in the South Ossetia.
2. To ask the President and the Supreme Council of the RSFSR for considering the appeal of the South Ossetian Oblast Council of the People’s Deputies of 1st September 1991.
3. To ask the 5th extraordinary Congress of the People’s Deputies of the RSFSR for inclusion on the agenda the issue on implementation of the Resolution issued by the 3rd Extraordinary Congress of the People’s Deputies of the RSFSR “On the Situation in the South Ossetia”.
4. To entrust the Presidium of the Supreme Council of the North Ossetian SSR with a task of setting up the delegation, composing of the representatives of the South Ossetia, aimed at entering into negotiations with the state structures of the Republic of Georgia .  The principal task at an initial stage of the negotiation shall be achievement of agreement on immediate elimination of violations in the territory of the autonomous oblast.
5.  To address to the world community with the appeal to render the assistance to the South Ossetia in order to stop the genocide and settle the conflict; the Supreme Council of the North Ossetian SSR urges the United Nations to send the observers and experts to the South Ossetia and the regions of Georgia in order to investigate the cases of gross violations of the human rights.
The Chairman of the Supreme Council of the South Ossetian SSR A. Galazov
22 October 1991
(Newspaper “Youzhnaia Ossetia”, # 158, 7 November 1991)


DECREE ISSUED BY THE PRESIDENT OF THE REPUBLIC OF GEORGIA on suspension of implementation of the Decree issued by the Supreme Council of Abkhazian ASSR on “Securing Economic Bases of Sovereignty of Abkhazia” and the Decree issued on 22 October 1991 by the Council of Ministers of the Abkhaz ASSR on “Subordination to Jurisdiction of the Abkhaz ASSR of all Enterprises and Organizations that have previously been under the Union and Republican Jurisdiction”
The Supreme Council of the Abkhaz ASSR issued the decree on “Securing Economic Bases of Sovereignty of Abkhazia”. In this regard, the Council of Ministers of the Abkhaz ASSR on 22 October 1991 issued the decree on “Subordination to Jurisdiction of the Abkhaz ASSR of all Enterprises and Organizations that have previously been under the Union and Republican Jurisdiction”. By the virtue of the same decree issued by the Council of Ministers, a special working group was set up that was entrusted with a task of coordinating all activities in that direction.
The aforementioned decree envisages transferring, freeing of charge, to jurisdiction of Abkhazia and its ownership of all enterprises and organizations located on the territory of the Abkhaz ASSR.
The aforementioned decrees issued by the Supreme Council the Abkhaz ASSR and the Council of Ministers of the Abkhaz ASSR are illegal and must be invalidated on the following grounds:
To issue a decree regulating transfer of the Union and Republican subordination enterprises and organizations under the jurisdiction of Abkhazia goes beyond the competence of the Supreme Council of the Abkhaz ASSR;
By issuing the aforementioned decrees, provisions of the Constitution of the Republic of Georgia have been violated, since according to the Constitution all issues related to the ownership and management of property of the Autonomous Republic must be decided upon agreement with the Supreme Council and Government of the Republic of Georgia.
Taking into account all the aforementioned I decree:
1. To suspend implementation of   the Decree issued by the Supreme Council of the Abkhaz ASSR on “Securing Economic Bases of Sovereignty of Abkhazia” and of the Decree issued on 22 October 1991 by the Council of Ministers of the Abkhaz ASSR on “Subordination to Jurisdiction of the Abkhaz ASSR of all Enterprises and Organizations that have previously been under the Union and Republican Jurisdiction” and declare them as legally null and void.
2. To advise a newly elected Supreme Council of the Abkhaz ASSR to reconsider this issue.
President of the Republic of Georgia Zviad Gamsakhurdia
Tbilisi, 24 October 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 10, p. 22-23)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE RSFSR on the Situation in the North Ossetian SSR
Having heard the information of the Commission of the Deputies on the situation in the North Ossetian SSR, the Supreme Council of the RSFSR expresses deep concern at the situation established in this republic.
As a result of the violation of human rights in the Republic of Georgia the flow of refugees from the South Ossetia and other regions of Georgia to the North Ossetia is increasing.  Currently the total number of refugees exceeds of 85,000 people.  Such situation substantively worsens the social conditions of the population and intensifies the tension in the North Ossetia.  As a matter of fact the leadership of Georgia didn’t take into consideration the appeal of the 3rd extraordinary Congress of the People’s Deputies of the USSR regarding the situation in the South Ossetia.  The complicated situation in the North Ossetia and unsettled conflict in the South Ossetia may lead to unpredictable consequences.
Aiming at normalization of the situation in the North Ossetia and in the whole region, the Supreme Council of the North Ossetian SSR decrees:
1.  To offer to the President of the RSFSR to take all possible measures, and if necessary the strict economic sanctions against the Republic of Georgia in order to achieve early regulation of the conflict in the South Ossetia, restore the human rights respect and grant additional material assistance to the North Ossetian SSR.
2.  To ask the Ministry of Foreign Affairs of the USSR for inviting the experts of the CSCE to consider the situation established in the South Ossetia and elaborate practical measures for the normalization of the situation.
First Deputy Chairman of the Supreme Council of the RSFSR R. Khasbulatov
25 October 1991
(Bulletin of the Congress of the People’s Deputies of the RSFSR and the Supreme Council of the RSFSR, 1991, # 44, p. 1709-1710)


RESOLUTION OF THE CONGRESS OF THE PEOPLE’S DEPUTIES OF THE RSFSR on the course of implementation of the Resolution of the 3rd Extraordinary Congress of the People’s Deputies of the RSFSR “on the situation in the South Ossetia”
Due to the extremely tensed situation has established since December of 1990 in the South Ossetia,  large number of casualties, refugees, destroyed houses and people left without livings, the 3rd Extraordinary Congress of the People’s Deputies of the RSFSR adopted the Resolution “on the situation in the South Ossetia”.  It proposed to the Supreme Council of the Republic of Georgia to restitute political status of the South Ossetian Autonomous Oblast in all structures of state authority, to release arrested Chairman of the Council of People’s Deputies of the South Ossetian Autonomous Oblast Torez Kulumbegov and other unlawfully detained officials, to take measures to return the refugees to the places of their permanent residence.
The leadership of the Republic of Georgia has ignored these reasonable proposals.  As a result, the situation over the last seven months has become more acute and reached the state of a real catastrophe.  The capital city of the South Ossetia - Tskhinvali and the settlement of Znauri are under the permanent artillery bombardment.  More than 100 villages and settlements of the oblast are given to arson and devastated.  The number of refugees from the South Ossetia and other regions of Georgia is more than 100,000.  Existing situation runs counter to the national and political interests of the North Caucasus in whole.
Taking into consideration the fact that the events in the South Ossetia pose the treat to stability and security of the RSFSR, the Congress of the People’s Deputies of the RSFSR decrees:
1.  Together and in agreement with the Republic of Georgia, to take measures aimed at regulating the conflict in the South Ossetia, suspension of the activity of the illegal armed formations, raising the blockade of the motorways, return of refugees to the places of their permanent residence and securing the normal living conditions of the population of the region.
2. In case of disobedience on the side of the Republic of Georgia to carry out all necessary measures; the President of the RSFSR, the Supreme Council of the RSFSR, shall impose rigorous sanctions, including the economic ones against the Republic of Georgia aimed at restoration of human rights and conflict settlement in the South Ossetia.
3. To entrust the Council of Ministers of the RSFSR with a task of solving the issue on additional material and financial assistance to the refugees.
4. To address the President of the USSR, the Ministry of Interior of the USSR and the Ministry of Defence of the USSR to take measures within the competence of their agencies for establishment stability in the South Ossetia.
5. To propose to the Council of Ministers of the RSFSR to bring a suit against the Republic of Georgia on compensation of the assistance granted to the refugees from the South Ossetia and other regions of Georgia by the RSFSR.
First Deputy Chairman of the Supreme Council of the RSFSR R. Khasbulatov
1 November 1991
(Bulletin of the Congress of the People’s Deputies of the RSFSR and the Supreme Council of the RSFSR, 1991, # 45, p. 1771-1772)

STATEMENT OF THE PRESIDIUM OF THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA
Over the recent period the Parliament of Russia, and now the Congress of the RSFSR have adopted categorical ‘Decisions’ and ‘Resolutions’, as well as the appeals to the central authorities of the USSR  aimed at imposing special sanctions against Georgia and its population.
Regretfully we have to state that certain officials at the Supreme Soviet of the RSFSR and outside of it, using the conflict in so called South Ossetia, provoked to some extent by the leadership of the former USSR, try to put a pressure on the Government and the President of Russia and made them continue the traditional imperial policy toward Georgia.
The thesis on aggression of Georgia is repeatedly voiced in order to mislead the Russian and International society.  At the same time a main initiator of eruption of the interethnic conflict in Georgia – the leadership of the former USSR - is intentionally concealed.  Declaration of the Chairman of the Soviet of Nationalities of the Supreme Soviet of the RSFSR Mr Abdulatipov on existence in North Ossetia 100 thousand of alleged refugees from Georgia is an outrageous lie.  let us remind you that according to the All-Union census of 1989, the total number of population in South Ossetia was 65.238.  Taking into consideration a number of Georgian refugees from South Ossetia that has already reached 20 000 people, there should not be even a single dweller on the territory of this oblast.  The question is raised – whom the Russian troops are ‘protecting’ there?  Who are conflicting sides there?
It is known that a part of Ossetian population willing to leave the territory of Georgia has already got the permission to immigrate, as well as the compensation from the government of Georgia;  therefore, those people may not be considered as refugees.  Moreover, many of Ossetian families are leaving for North Ossetia and after getting the status of refugee and relevant pecuniary aid, they return in Georgia, to the places of their former dwelling.  Is the number of ‘refugees’ inflated at their expense?
The authorities of the North Ossetia, taking ‘advantage’ of the distress of the people, try to receive additional financial resources for alleged assistance to the refugees and the Supreme Soviet of the Russian SFSR finds there proposals rather appropriate to justify such allocations.  In reality, resources are aimed at rendering the military support to the Ossetian extremists and escalation of military operations in Georgia.  The Government of Georgia considers such developments as aggression against the independent Republic of Georgia.
We constantly declare that the conflict in so called South Ossetia and its consequences have been initiated not by the Georgian side and proceeds from the geopolitical interests of the Ossetian nationalism and imperial ambition of the USSR’s leadership.
As the conflict is unleashed on the territory of the Republic of Georgia, where the troops of the USSR together with Ossetian extremists are carrying out military operations, only the Soviet Government can be specified as an aggressor and all of the material damages to the Georgian side shall be compensated by the Government of the USSR or by its successor.
The Presidium of the Supreme Council of Georgia and its Government express the firm protest against declarations voiced by the Supreme Soviet of the RSFSR and the Russian Congress that may be used by hostile forces for worsening the relations between Russia and Georgia.
The Supreme Council of the Republic of Georgia, on its turn, is seeking the ways for regulation of the conflict in so called South Ossetia and has decided to make an appeal to the UN asking for sending international experts to Georgia.
Tbilisi, 5 November 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 11, p. 31-32)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on Abolishment of the State of Emergency on the Territories of City of Tskhinvali and Java District.
The Supreme Council of the Republic of Georgia decrees:
1. To abolish the state of emergency on the territories of town of Tskhinvali and Java district.
2. The Ministries of Interior and Defence of the USSR must immediately withdraw troops under their jurisdiction from the territory of former South Ossetia.
Chairman of the Supreme Council of the Republic of Georgia A. Asatiani
25 November 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 11, p. 24)         


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE ABKHAZ ASSR on the Current Situation of Mobilization Reserves and Conscription to the Active Military Service
The situation over the recent period has significantly worsened with regard of accumulation of mobilization reserves of the Republic of Abkhazia.
First of all this is a result of the fact, that most of conscripts from Abkhazia perform the service in the  facilitating military establishments.
The number of male-youth, the citizens of Abkhazia, willing to get the education in high-military educational institutions, has significantly reduced.
That is a result of insufficient performance of the Military Commissariats and executive committees that fail to exercise efficient pre-conscription activity.
The Youth organizations of Abkhazia keep distance from this very important task.
In order to increase the authority of the military service, prevent the trends to weakening the mobilization, and maintain alertness of military units and detachments deployed on the territory of Abkhazia, the presidium of the Supreme council of the Abkhaz ASSR decrees:
1.  The Council of Ministers of Abkhazia together with the military commissariats shall elaborate and approve the measures on accumulation and strengthening of mobilization resources of Abkhazia before 1 January 1991.
2.  To introduce the conscription to the military units deployed on the territory of Abkhazia of the call-up age youth in December 1991 through the competition except the people eligible for postponement of service.
4. The conscription shall be accomplished by 20 December 1991.
5. The military Commissars of the Republic, Sukhumi City and districts shall prevent integration of conscripts from Abkhazia to other military structures, as USD, commandant’s office, military registration and enlistment office etc.
6. The facts of detaching the conscripts to the aforementioned entities will be carefully investigated and the officials found guilty will be punished right up to removal from the office and transferring to the reserve.
The Procuracy, Ministry of Interior shall reveal the persons deviating from the service and bring to account in accordance of the legislation.
This Decree comes into force with immediate effect after its adoption.
Chairman of the Supreme Council of Abkhazia  V. Ardzinba
27 November 1991
(Newspaper “Respublika Abkhazia”, # 99, 30 November 1991)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE ABKHAZ ASSR on Creation of the State Security Service of Abkhazia
Due to the abolishment of the KGB of the USSR and its subordinate structures in the republic, the Presidium of the Supreme Council of the Abkhaz ASSR Decrees:
1.  To abolish the KGB of Abkhazia;
2. To create the State Security Service of Abkhazia on the base of the KGB of Abkhazia;
3. The Council of Ministers of Abkhazia shall:
- elaborate the draft Regulations on the State Security Service of Abkhazia, its structural and staff arrangement and submit it to the Presidium of the Supreme Council of the Abkhaz ASSR.
- secure allocation of adequate appropriations and material resources for the functioning of the State Security Service of Abkhazia
4. The financing of the State Security Service of Abkhazia will be financed from the Republic budget of Abkhazia.
Chairman of the Supreme Council of Abkhazia V. Ardzinba
27 November 1991
(Newspaper “Respublika Abkhazia”, # 58, 13 December 1991)


DECREE ISSUED BY THE PRESIDENT OF THE REPUBLIC OF GEORGIA on Current Situation in Shida Kartli
The Ossetian separatists, having usurped power and enjoying vast support from the troops of the Ministry of Interior of the USSR and the Soviet Army, continue their anti-Constitutional and anti-State activities, thereby undermining the territorial integrity and sovereign rights of the Republic of Georgia.
On 26 October 1991 a session of the Supreme Council of the so called Republic of South Ossetia addressed issues relating to change of the title of the Republic, creation of new structures of power, adoption of constitution, endorsement of all the previously taken decisions on joining Russia, introduction of state of emergency, general mobilization, creation of Ossetian guard and other issues. Znaur Gasiev was elected at the session first Deputy Chairman and acting Chairman of the Supreme Council of the so-called Republic of South Ossetia.
It is noteworthy, that at the session it was acknowledged that after a decision of September 4 1991, which was taken by an illegal organ- Session of Deputies of South Ossetia elected at all levels, a constitutional vacuum prevailed in the region. This admission notwithstanding, the Ossetian separatists active in Shida Kartli seek to fill this “constitutional vacuum” with even more illegal, anti-constitutional actions. And the best proof of the aforementioned is the Session of Supreme Council of the so-called Republic of South Ossetia and decisions taken at the session.In accordance with the Law of the Republic of Georgia on “State of Emergency” and recent decisions taken by the highest state authorities of the Republic of Georgia, there is no legal basis for deployment of Troops of the Ministry of Interior of USSR and detachments of the Soviet Army on the territory of Shida Kartli, moreover, their presence in the region represents one of the major factors of destabilization any hostile activities directed against Republic of Georgia.In order to guarantee the sovereignty, state security and territorial integrity of the Republic of Georgia and pursuant to Article 121 Paragraph 2 of the Republic of Georgia,
I decree:
To declare invalidated and legally null and void the decision taken on 26 November 1991 by the anti-constitutional and anti-state institution  - Session of the Supreme Council of the so-called Republic of South Ossetia.
The Prosecutor’s Office of the Republic of Georgia shall undertake all necessary measures against those who created an anti-constitutional organization aiming at undermining sovereignty of the Republic of Georgia and cessation of the region from the Republic of Georgia.
To demand from the competent bodies of the USSR immediate withdrawal from the territory of the Republic of Georgia of Troops of the Ministry of Interior and detachments of the Soviet Army deployed in Shida Kartli.
President of the Republic of Georgia Zviad Gamsakhurdia
2 December 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 12, p. 5-6)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA  on Current Situation in Shida Kartli
The Ossetian separatists having usurped power continue their anti-Constitutional and anti-State activities.  The very potent proof of the aforementioned is the fact that on 26 October 1991 a session of the Supreme Council of the so called Republic of South Ossetia addressed issues relating to change of the title of the Republic, creation of new structures of power, adoption of constitution, endorsement of all the previously taken decisions on joining Russia, introduction of state of emergency, general mobilization, creation of Ossetian guard and other issues. The convocation of session of the Supreme Council of the so-called Republic of South Ossetia and decision taken at the session are gross violations of Article 2, Paragraphs 3 and 6 of Article 72, Articles 73  and 104.
The Ossetian separatists are supported by the troops of the Ministry of Interior of the USSR and the Soviet Army, and in accordance with the current legislation of the Republic of Georgia and recent decisions taken by the highest state authorities of the Republic of Georgia, there is no legal basis for deployment of Troops of the Ministry of Interior of USSR and detachments of the Soviet Army on the territory of Shida Kartli, moreover, their presence in the region represents one of the major factors of destabilization any hostile activities directed against the Republic of Georgia.
In order to guarantee the sovereignty, state security and territorial integrity of the Republic of Georgia and pursuant to Article 104 Paragraph 24, the Supreme Council of the Republic of Georgia decrees:
1. To declare invalidated and legally null and void the decision taken on November 26 1991 by the anti-constitutional and anti-state institution  - the Supreme Council of the so-called Republic of South Ossetia.
2. The Prosecutor’s Office of the Republic of Georgia shall undertake all necessary measures against those who created an anti-constitutional organization aiming at undermining sovereignty of the Republic of Georgia and cessation of the region from the Republic of Georgia.
3.  To demand from the competent bodies of the USSR immediate withdrawal from the territory of the Republic of Georgia of Troops of the Ministry of Interior and detachments of the Soviet Army deployed in Shida Kartli.
Deputy Chairman of Supreme Council of the Republic of Georgia Nemo Burchuladze
3 December 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 12, p. 36-37)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on Decree Issued on November 26 1991 by the Presidium of the Supreme Council of the Abkhaz ASSR
On 26 November 1991 by the Presidium of the Supreme Council of the Abkhaz ASSR issued decree on “ The Current Situation of Mobilization of Reservists and Conscription for the Active Military Service”.
The decree envisages the following: accumulation and strengthening of mobilization resources of USSR, procedural norms of conscription for military service in Soviet Army detachments deployed on the territory of Abkhazia. That means creation of military formations of foreign States and will lead to destabilization of societal-political situation in the Abkhazian ASSR.
This decree issued by the Supreme Council of the Abkhaz ASSR constitutes gross violation of the Constitution of the Republic of Georgian and contradicts the decree issued on 9 September 1991 by the Supreme Council of the Republic of Georgia on “Creation of Ministry of Defence of the Republic of Georgia”. By virtue of this decree, the Ministry of Defense of the Republic of Georgia is authorized to establish a National Guard. The Constitutions of Abkhazian ASSR does not provide for military service in Abkhazia and it does not entitle the Supreme Council of the Abkhaz ASSR with authority to take decisions on such issues.
Pursuant to Paragraph 24 of Article 104 of the Constitution of the Republic of Georgia, the Supreme Council of the Republic of Georgia decrees:
To declare invalidated and legally null and void the decree issued on November 26, 1991 by the Supreme Council of Abkhazian ASSR on “The Current Situation in the Sphere of Mobilization of Reservists and Conscription for Military Service”, since it contradicts both the Constitutions of the Republic of Georgia and the Abkhaz ASSR.
Deputy Chairman of Supreme Council of the Republic of Georgia Nemo Burchuladze
3 December 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 12, p. 36-37)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE RSFSR on the course of implementation of Decree issued by the 5th Extraordinary Congress of the People’s Deputies of the RSFSR “on the situation in the South Ossetia”
Having heard the information of the Government of the RSFSR upon the request of the Deputies Gurevich L. B.; Zasukhina S. F.; Lisina V. P. and Shuiykov V.A. on the course of implementation of Decree issued by the 5th Extraordinary Congress of the People’s Deputies of the RSFSR on the situation in the South Ossetia, the Supreme council of the RSFSR decrees:
1.  To make a note of the lack of efficient measures on the side of the government of the RSFSR in realization of the decisions of the third and fifth extraordinary Congress of the People’s Deputies of the RSFSR concerning the situation in the South Ossetia.
2. The Government of the RSFSR shall report the Supreme Council of the RSFSR before 25 December 1991 on implementation of the Resolutions of the Congresses, as well as on political, economic and organizational measures aimed at conflict settlement in the South Ossetia, human rights protection and return of refugees to the places of their permanent residence.
First Deputy Chairman of the Supreme Council of the RSFSR R. Khasbulatov
12 December 1991
(Bulletin of the Congress of the People’s Deputies of the RSFSR and the Supreme Council of the RSFSR, 1991, # 52, p. 2119-2120)


RESOLUTION on Denunciation of the Treaty on Establishing the USSR
Being guided by the Declaration on State Sovereignty of the RSFSR and in compliance with Section 15 of Article 15 of the Constitution (Basic Law) of the RSFSR, the Supreme Council of the RSFSR decrees:
To denounce the Treaty on establishing the Union of Soviet Socialist Republics, approved at the I Congress of the Soviets of the USSR on 30 December 1922 in the City of Moscow.
Chairman of the Supreme Council of the RSFSR R. I. Khasbulatov
Moscow, 12 December 1991  
(Bulletin of the Congress of the People’s Deputies of the RSFSR and the Supreme Council of the RSFSR, 1991, # 50, p. 2050)


DECLARATION OF THE FIRST CONGRESS OF THE OSSETIAN PEOPLE  on Restoration of National-political and Territorial Integrity of Ossetia
Ossetian people that inherited cultural valuables of ancient Skiff-Sarmanto-Alan valuables and maintaining its soil forming Ossetian nation today found themselves separated.  Two centuries ago, trying to preserve the homeland and territorial-political integrity, Ossetian people voluntarily joined Russia.  However, in 1920 the territory and the people of Ossetia were divided into North Ossetia included within the Russian Federation and South Ossetia that became the part of Georgia.  Ossetians’ attempt to maintain unity was met with fierce resistance of Menshevik’s Georgia that resorted bloody terror against Ossetians residing in the South Ossetia.  After 70 years Georgian authorities still use the policy of genocide.
Taking into account the fact of suspending the effect of the Union Treaty of 1922 and other legal acts of the USSR and expressing the will of the people of Ossetia towards the restoration of unity of the country, the extraordinary Congress of the people of Ossetia Declares:
1. The restoration of territorial integrity and national-political unity of the Ossetian People is the supreme goal through which the Ossetians will be able to preserve themselves as the nation.  Ossetian people are determined to reach this goal solely through the civilized forms.
2. Restoration of Ossetia’s territorial integrity within the unified state is the only way for realization Ossetians’ right on self-determination based on voluntary union with the Russian Federation and the Commonwealth of Independent States.
This extraordinary Congress calls upon the Russian Federation and other independent states to recognize the rights of the Ossetian people to restore unified national state.
The Extraordinary Congress of the Ossetian People
Vladikavkaz, 13-14 December 1991
(Newspaper “Severnaia Ossetia”, # 254, 21 December 1991)

ALMA-ATA DECLARATION
The independent states:
The Republic of Azerbaijan, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Republic of Kyrgyzstan, the Republic of Moldova, the Russian Federation, the Republic of Tajikistan, the Republic of Turkmenistan, the Republic of Uzbekistan and the Republic of Ukraine,
seeking to build democratic law-governed states, the relations between which will develop on the basis of mutual recognition and respect for state sovereignty and sovereign equality, the inalienable right to self-determination, principles of equality and noninterference in the internal affairs, the rejection of the use of force, the threat of force and economic and any other methods of pressure, a peaceful settlement of disputes, respect for human rights and freedoms, including the rights of national minorities, a conscientious fulfillment of commitments and other generally recognized principles and standards of international law;
recognizing and respecting each other's territorial integrity and the inviolability of the existing borders;
believing that the strengthening of the relations of friendship, good neighborliness and mutually advantageous co- operation, which has deep historic roots, meets the basic interests of nations and promotes the cause of peace and security;
being aware of their responsibility for the preservation of civilian peace and inter-ethnic accord;
being loyal to the objectives and principles of the agreement on the creation of the Commonwealth of Independent States;
declare on the following:
Co-operation between members of the Commonwealth will be carried out in accordance with the principle of equality through coordinating institutions formed on a parity basis and operating in the way established by the agreements between members of the Commonwealth, which is neither a state, nor a super-state structure.
In order to ensure international strategic stability and security, allied command of the military-strategic forces and a single control over nuclear weapons will be preserved, the sides will respect each other's desire to attain the status of a non- nuclear and (or) neutral state.
The Commonwealth of Independent States is open, with the agreement of all its participants, to the states--members of the former USSR, as well as other states--sharing the goals and principles of the Commonwealth.
The allegiance to co-operation in the formation and development of the common economic space, and all-European and Eurasian markets, is being confirmed.
With the formation of the Commonwealth of Independent States the USSR ceases to exist.
Member states of the Commonwealth guarantee, in accordance with their constitutional procedures, the fulfillment of international obligations, stemming from the treaties and agreements of the former USSR.
Member states of the Commonwealth pledge to observe strictly the principles of this declaration.
Alma-Ata, 21 December 1991
(Journal “Dimplomaticheskiy Vestnik”, 1992, #  # 1, p. 7)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF ABKHAZIA on Dislocation of the Military Units, Establishments of Border-guard and Internal Forces, and Navy Forces and on Changes of Order of Their Functioning on the Territory of Abkhazia
Presidium of the Supreme Council of Abkhazia decrees:
1. Military units, establishments of border-guard and internal forces, and navy forces shall be dislocated on the territory of Abkhazia pursuant to the will of people and the Constitution of Abkhazia.
Their further presence in Abkhazia shall be solely and completely under the competence of the Supreme Council of Abkhazia and shall be determined by political agreements and legal norms.
Any legal acts, regardless the issuing agency, opposing this order and aimed at undermining of the defense power of the republic, destabilization of the military and political situation in the region and breaching the requirements of the Constitution of the republic, shall be considered invalid.
2. Considering the fact that the bodies of local defense management (commissariats, civil defense, technical defense societies), as well as military divisions No 5482, 3697 and their property, equipment, weapons, premises, ammunition depots  and others shall be assigned under the jurisdiction of the republic pursuant to the Clause 11, Constitution of Abkhazia.
At the time being the staff of the aforementioned military structures is not a subject of reorganization from Abkhazia’s side and shall be regulated in according of the interstate agreements until the final settlement of the matter.
3. Officials of the commissariats, civil defense headquarters and military-technical societies of Abkhazia have no longer any right to pass or annihilate their property pursuant the previous procedures without relevant instruction of the Council of Ministers of Abkhazia.
4. The Abkhaz Council of Ministers shall determine the order of the execution of par 2 and 3 of this Decree.
5. The Military Commissar, Head of the Civil Defense Headquarters, Chairman of the Military-technical Society (DOSAAF) shall submit their proposals on the staff-organization structure under their subordination to the Abkhaz Supreme Council before 15 January 1992.
6 The present Resolution comes into force from the moment of its signing.
Chairman of the Supreme Council of Abkhazia V. Ardzinba
29 December 1991
(T. Nadareihvili, Genotsid  v Abkhazii, Tb., 1996, p. 37-38)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA on Establishment under the Chairman of the Supreme Council of Abkhazia the Interim Council on Coordination of the Activity and Re-subordination of the Military and Militia Units Dislocated on the Territory of Abkhazia
Due to the disintegration of the USSR and liquidation of the Union administrative structures, including the troops of the Interior Ministry of the USSR, and following the interests of the multinational population of Abkhazia an Interim Council for the coordination of the activities and re-subordination of the defence and Militia Troops dislocated on the territory of Abkhazia shall be established under the subordination of the Chairman of the Supreme Council of Abkhazia, composing the following officials:
Interim Council Chairman — V. G . Ardzinba, the Chairman of the Supreme Council of Abkhazia; First Deputy Chairman of the Council - colonel A. I. Arshba, the First Deputy Minister of Interior of Abkhazia; The Deputy Chairman of he Council - Lieutenant-colonel L. R. Gogzhiyan; Members of the Council: colonel Т. N. Chkadua,  Military Commissar of Abkhazia; colonel S. P. Dbar,  Military Commissar of Sukhumi city; colonel В. G. Mirvelov, Military commissar of Gagra city; Major A. B. Klimov, the commander of 5482 military unit; Lieutenant-colonel G. K. Agrba.
The Interim Council on coordination of the activities and re-subordinating military and Militia units shall follow the approved Regulation.
Chairman of the Supreme Council of Abkhazia V. Ardzinba
29 December 1991
(T. Nadareishvili, Genotsid  v Abkhazii, 1996, p. 38)


1992
DECREE ISSUED BY THE SUPREME COUNCILF OF THE REPUBLIC OF SOUTH OSSETIA on holding the public referendum of the Republic of South Ossetia
In conformity with Articles 4,5,9,14 and 17 of the Law of the Republic of South Ossetia “On Public Referendum”, the Supreme Council of the Republic of South Ossetia decrees:1.  To hold the Public Referendum of the Republic of South Ossetia on Sunday, 19 January 1992.
2.  To bring to the referendum two questions:
a) Do you support the independence of the South Ossetia?
b) Do you support the Decree issued by the Supreme Council of the independent Republic of the South Ossetia of 1 September 1991 on unification with Russia?
(…)
Acting Chairman of the Supreme Council of the Republic of South Ossetia Z. N. Gassiev
Tskhinval, 3 January 1992
(Personal archive of the author)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE ABKHAZ ASSR on measures for maintaining the public order and lawfulness in Abkhazia
The Presidium of the Supreme Council notes that public-political environment has significantly worsened over the recent period due to the actions of disobedience to the new state structures of Georgia carried out by the public organizations.
(…)
… These actions take illegal character; unauthorized demonstrations, processions and strikes, pickets and blockades of the railroad have become the norm.  The organizers of these disorders, covered up with the slogans of protection the Constitutional rights, encourage the public disorder themselves.
(…)
Against the background of armed confrontation and human casualties in Tbilisi, the destabilization of the public-political situation and operation of economic establishments of Abkhazia aggravates the complicated situation in the Republic and may lead to the clash of large groups of people.
(…)
Guiding with the Constitution of Abkhazia, the Presidium of the Supreme Council decrees:
1.  The Council of Ministers, city and district Councils of the People’s Deputies shall take immediate measures in order to maintain public order in the cities and districts of Abkhazia, strengthen control over, and management of the organizations, institutions and enterprises.
2. The Procuracy, Ministry of Interior, The Service on Public Order of Abkhazia shall reveal and bring to the justice in accordance with the legislation those persons that will be found guilty in public disorder, including the organizers of unlawful strikes and demonstrations.
(…)
Chairman of the Supreme Council of Abkhazia V. Ardzinba
13 January 1992
(Newspaper “Respublika Abkhazia”, # 11, 17 January 1992)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA on Additional Measures for Regulation the Public Order and Securing the Lawfulness in Abkhazia
The Presidium of the Supreme Council of the Republic of Abkhazia notes that against the background of existing public and political situation the criminogenic environment has become complicated.  The crimes become more and more dangerous and take massive character.  The Soldiers of the National Guard that is declared unlawful on the territory of Abkhazia actually carry the firearms.
(…)
The presidium of the Supreme council of the Abkhaz ASSR decrees:
1.   To establish the rule that only law-enforcers of Abkhazia and officers and servicemen of the military unites under the jurisdiction of the Supreme Council of Abkhazia are authorized to carry firearms on the territory of Abkhazia; the authorization on carrying the gun shall be rendered by the competent authority of Abkhazia.
Other normative acts authorizing to carry firearms, as Identification Cards and Permission on carrying firearms, have no legal effect and shall be considered unlawful on the territory of Abkhazia; such IDs and permissions shall be confiscated and annulled.
2. Law-enforcement agencies of the Republic of Abkhazia (The Procuracy, The Ministry of Interior, State Security Service, formations of the Interior Troops under the jurisdiction of the Supreme Council of the Republic of Abkhazia) shall immediately set up the joint activity aimed at seizing of illegal arms from the population and individuals on the territory of Abkhazia.
3. The Ministry of Interior of the Republic of Abkhazia and formations of the internal troops under the jurisdiction of the Supreme Council of the Republic of Abkhazia shall carry out joint patrol in the public places and streets of the towns and settlements with participation of public representatives in order to secure public tranquillity and order.
Chairman of the Supreme Council of Abkhazia V. Ardzinba
20 January 1992
(Newspaper “Respublika Abkhazia”, # 14, 28 January 1992)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA on Transferring of the agencies of Procuracy and the Ministry of Interior under the Jurisdiction of Abkhazia
Due to the termination of the existence of the USSR as a state and abolishment of state management structures, the Presidium of the Supreme Council of Abkhazia decrees:
1. To transfer under the jurisdiction of Abkhazia:
- the Procuracy of Abkhazia;
- the Ministry of Interior of Abkhazia.
2. To subordinate the Line Division of the Interior of Sukhumi Railway Station to the Ministry of Interior of Abkhazia.
Chairman of the Supreme Council of  Abkhazia V. Ardzinba
24 January 1992
(Personal archive of the author)


DECREE  ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA on Re-subordination of the Environment Procuracy and the Transport Procuracy under the Procuracy of the Abkhaz ASSR
The Presidium of the Supreme Council of Abkhazia notes that pursuant to the previous wording of Article 155 of the Constitution of Abkhazia, the district prosecutors, functioning on the territory of Abkhazia, were appointed by the Prosecutor of Georgia.
Article 155 of the Constitution of Abkhazia currently has been changed and in accordance with the new edition of this Article all district and regional prosecutors on the territory of Abkhazia are appointed by the Prosecutor of Abkhazia.  Proceeding from the aforementioned the Environment and Transport Prosecutors shall be re-subordinated to the Prosecutor of Abkhazia.
In this course the Presidium of the Supreme Council of Abkhazia decrees:
To re-subordinate Sukhumi Environment and Transport Prosecutors of the Abkhaz ASSR under the Prosecutor of the Abkhaz ASSR retaining the right on supervision on their activity from the side of the Prosecutor of the Republic of Georgia in compliance with the current legislation of the Republic of Georgia.
Chairman of the Supreme Council of  Abkhazia V. Ardzinba
24 January 1992
(Personal archive of the author)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF ABKHAZIA on Endorsement of the Provisions of the Interim Council on Coordination of Activities and Re-subordination of Military and Police Forces Attached to the Presidium of the Supreme Council of Abkhazia
The Presidium of the Supreme Council of Abkhazia decrees:
To endorse the Regulations of the Interim Council on Coordination of Activities and Re-subordination of Military and Police Forces Attached to the Presidium of the Supreme Council of Abkhazia (The Provisions is attached).
Chairman of the Supreme Council of Abkhazia V. Ardzinba
13 February 1992
(Personal archive of the author)


Regulations of the Interim Council on Coordination of Activities and Re-subordination of Military and Police Forces Attached to the Presidium of the Supreme Council of Abkhazia
1. The Council represents a State structure attached to the Presidium of the Supreme Council of Abkhazia, is subordinate to it and is designed for implementation of defense and military policy of Abkhazia.
The Council is composed of civilians and professional officers of the Armed Forces, Interior Troops, Ministry of Interior and Security Service.
The composition of the Council and number of its members shall be endorsed by the Presidium of the Supreme Council through open voting upon the proposal of the Chair of the Supreme Council of Abkhazia and can be changed in accordance with the evolving circumstances.
2. The Council shall work out and submit to the Presidium of the Supreme Council of Abkhazia for consideration proposals on defense issues and military policy. It shall cooperate with leadership of the Armed Forces in carrying out control on preparation and activities of all troops within the borders of Abkhazia.
3. The Council shall promote and contribute, to the maximum possible extent, combat readiness of all troops of Abkhazia, carry out leadership over those military structures that are under the jurisdiction of the Republic of Abkhazia.
4. The Council shall be entitled to offer its proposals to the relevant military commanders and high rank officials in different Ministries of Defence on the issues related to personnel policy, selection of officers of those military units, that are located on the territory of Abkhazia.
5. The Council shall take care to create all the necessary conditions for proper functioning of troops and shall draft legal acts on social and legal protection of servicemen and their families, as well as put forward proposals on granting different privileges to them and submit these proposals to the Presidium of the Supreme Council and the Government of Abkhazia.
In association with the bodies of Prosecutor’s Office of Abkhazia, the Council shall exercise control over implementation of legislation and military policy of Abkhazia.
6.  In order to address the daily issues in a proper and timely manner, the Council shall set up a standing working body and a headquarters. Number of personnel, structure, military ranks and remuneration of the personnel of working body and headquarters, as well as material means necessary for implementation of their duties, shall be defined through a decree issued by the Council and can be changed in accordance with the evolving circumstances.
7. All civilians, organizations, enterprises, ministries and agencies, as well as commanders of military units, commanders of military agencies, enterprises and organizations shall be obliged to render timely and effective assistance to representatives of the Council throughout the territory of Abkhazia.
13 February 1992
(Personal archive of the author)


DECLARATION OF THE MILITARY COUNCIL OF THE REPUBLIC OF GEORGIA
The founding State documents of the Republic of Georgia are: “the Act of State Independence of Georgia”, declared by the National Council of Georgia on 26 May 1918 and the Constitution of Georgia, adopted by the Constituent Assembly of Georgia on 21 February 1921.
The Democratic Republic of Georgia, founded on the principles laid down in these documents and other legal acts adopted in 1918-1921, was recognized both de jure and de facto by the League of Nation and by the major member -States of it.
It was determined that the Constitution of Georgia would be exercised “permanently and uninterruptedly” (chapter 1, General Provisions, Article 10). After the adoption of the Constitution, the Parliament of Georgia did not determine procedures of its abrogation or suspension. Adoption of such a decree became possible through a decision made by the people through referendum, without which the Constituent Assembly was authorized neither to abrogate nor suspend the Constitution.
On 2 January 1992 the current Constitution of Georgia ceased to be functional and as a result the justice was restored. The period, contradicting the Constitution of Georgia from legal point of view, came to an end.
The Constitution of Georgia was adopted on 21 February 1921 when Georgia was at war with the Soviet Russia. This reality predetermined incorporation into the Constitution of some protective mechanism that would guarantee validity and continuity of the document in case of annexation and occupation of the country.
The Soviet Regime, being unable to introduce constitutional changes without compromising validity and continuity of the Constitution, had grossly violated that principle through abolishment of the Constitution and having resorted to military force changed local elected and democratic structures, and established its own political regime and replaced a Constitution adopted by the independent Georgian State with the Constitution of the Georgian SSR (GSSR).
The Authorities of the Republic of Georgia overthrown on 2 January 1992 was a legal successor not of the Democratic Republic of Georgia of 1918-21, but it was a successor of the Soviet Socialist Republic of Georgia proclaimed to have come into existence on 25 February 1921. Hence, it recognized the supremacy not of the Constitution of Georgia adopted by the Constitutive Assembly of the Democratic Republic of Georgia on 21 February 1921, but rather observed the totalitarian principles of Constitutions of the Georgian SSR adopted in 1922, 1927, 1937 and 1978 and were not immediate successor of the Parliament of Georgia, but were Authorities created on the basis of the aforementioned constitutions.
The Supreme Council of the Republic of Georgia, based on the results of the referendum held on 31 March 1991, adopted the Act of State Independence of Georgia on 9 April 1991, thereby restoring independence of Georgia attained by the virtue of the Act of Independence of 26 May 1918, and recognized the legality of the Constitution of the Democratic republic of Georgia. The Supreme Council of the Republic of Georgia failed to carry out in real life the principles declared by itself.
The Georgian Authorities refused to declare themselves a legal successor of the Democratic Republic of Georgia and did not restore the Constitution of 1918. Moreover, instead of establishment of a democratic State of Georgia, it has established the authoritarian regime.
On 22 December the President having usurped the power has unleashed war against the nation and suffered a natural defeat.
The Military Council of the Republic of Georgia that represents the State power at the moment deems it unacceptable to replace one illegal authority by the other similarly illegal one and emphasizes the necessity of restoration of lawful constitutional regime in Georgia.
Proceeding from the aforementioned, the Military Council of the Republic of Georgia declares that:
1. Without changing the current borders and State –territorial arrangement of the Republic of Georgia (with current status of Abkhazia and Ajara), it recognizes the international legal acts and supremacy of the Constitution of Democratic Republic of Georgia of February 21, 1921 and its implementation with due account of current realities.
2. Elections to the Parliament of Georgia shall be held based on the principles set out in the Constitution of Georgia of 21 February 1921, no later than autumn of 1992.
3. The Military Council of the Republic of Georgia alongside the Interim Government shall resign and confer power to a newly elected Parliament of Georgia at the very first session of the Parliament.
Members of the Military Council of the Republic of Georgia: T. Kitovani, J. Ioseliani
21 February, 1992
(Newspaper “Sakartvelos Respublica”, # 36, 25 February 1992)


DECREE ISSUED BY THE MILITARY COUNCIL OF THE REPUBLIC OF GEORGIA on Action of Legislation in the Republic of Georgia
In accordance with the Declaration issued by the Military Council of the Republic of Georgia on 21 February 1992 and taking into account the supremacy of the Constitution of the Republic adopted on 21 February 1921 and current realities, the Military Council of the Republic of Georgia decrees:
1. Until bringing the current legislation to conformity with the principles of the Constitution of Georgia, the current legislation shall remain in force on the territory of the Republic of Georgia except for those legal acts that run counter to the principles of the Constitution of the Republic of Georgia.
2. To entrust the Interim Government of the Republic of Georgia with a task of bringing the current legislation to conformity with the principles of the Republic of Georgia.
On behalf of the Military Council: T. Kitovani, D. Ioseliani
24 February 1992
(Newspaper “Sakartvelos Respublica”, # 36, 25 February, 1992)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF ABKHAZIA on Re-subordination of the Military Commissariats (Registration and Enlistment Offices -edit.) of Abkhazia
Due to the decision on subordination of the Military Commissariats under the Ministry of Defence of Georgia,
the Presidium of the Supreme Council of Abkhazia decrees:
1. to subordinate the Military Commissariats of Abkhazia under the jurisdiction of the Coordinating Council on Activity and Re-subordination of Military and Militia Units established at the Presidium of the Supreme Council of Abkhazia.
2. The Council of Ministers of Abkhazia together with the Coordinating Council on Activity and Re-subordination of Military and Militia Units shall determine the procedures of further functioning of the Military registration and enlistment offices of Abkhazia.
3.  This Decree shall come into force from 1 March 1992.
Chairman of the Supreme Council of Abkhazia V. Ardzinba
25 February 1992
(Personal archive of the author)


LAW OF ABKHAZIA on amendments to the law “on Legal Regime of the State of Emergency in the Abkhaz ASSR”
To add, as the paragraph 3 to Article 2 of the law “on Legal Regime of the State of Emergency in the Abkhaz ASSR” the following:
“In compliance with the certain established circumstances, the Presidium of the Supreme Council of Abkhazia can pronounce the special regime of conduct of the citizens with further submission to the Supreme Council of Abkhazia to be considered not later of 3 days”.
Chairman of the Supreme Council of Abkhazia V. Ardzinba
26 February 1992
(Newspaper “Respublika Abkhazia”, # 33, 29 February 1992)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA on Additional Measures for Regulation the Public Order and Securing the Lawfulness in Abkhazia
The Supreme Council of Abkhazia decrees:
1.   To establish the rule that only law-enforcers of Abkhazia and officers and servicemen of the military unites under the jurisdiction of the Supreme Council of Abkhazia are authorized to carry firearms on the territory of Abkhazia; the authorization on carrying the firearms shall be rendered by the competent authority of Abkhazia.
Any other Identification Cards and Permission on carrying firearms have no legal effect and shall be considered unlawful on the territory of Abkhazia; such IDs and permissions cannot be considered as a base for exemption of the bearer of firearm from the liabilities.
2. Law-enforcement agencies of the Republic of Abkhazia (The Procuracy, The Ministry of Interior, State Security Service, formations of the Interior Troops under the jurisdiction of the Supreme Council of the Republic of Abkhazia) shall immediately carry out the joint activity aimed at seizing of illegal arms from the population and individuals on the territory of Abkhazia.
Chairman of the Supreme Council of Abkhazia V. Ardzinba
26 February 1992
(Newspaper “Respublika Abkhazia”, # 33, 29 February 1992)


DECREE ISSUED BY THE SUPREME COUNCIL OF ABKHAZIA on Announcement the Special Regime of Conduct of the citizens on the Territory of Abkhazia
Due to the strain public-political and crime situation in Abkhazia, and in order to assure the protection of citizens and restoration of lawfulness and public order, incompliant with the law of Abkhazia on State of Emergency, the Supreme Council of Abkhazia decrees:
I.  To introduce the special regime of conduct of the citizens on the territory of Abkhazia since 21.00h of 2 March 1991.
II. In order to exercise the special regime of conduct of citizens:
1. To prohibit the movement of motorcars and people from 23.00h to 06.00h of the next morning.
2. To prohibit demonstrations, processions and other actions that may destabilize the situation.
3. To prohibit the strikes.
4. The demonstrations can be organized only in conformity with the law.
5. In order to exercise the special regime of conduct of citizens:
- the search of motorcars and persons shall be permitted;
- the individuals who commit a breach of peace, and are not the residents of Abkhazia, shall be called to account and sent to their places of residence at their own expense.
- the guns, ammunitions, explosives and firearms that are not registered pursuant to the statue-established rules shall be seized;
(…)
7.  This Decree shall remain in force until the special decision is taken by the Supreme Council of Abkhazia.
Chairman of the Supreme Council of Abkhazia V. Ardzinba
26 February 1992
(Newspaper “Respublika Abkhazia”, # 33, 29 February 1992)


LAW OF ABKHAZIA on Subordination of Certain State Management Organs
(…)
This law establishes the subordination of certain state management organs of Abkhazia.
Article 1. In due course of the reorganization of the Security Committee of the Republic of Abkhazia, it shall be withdrawn out of the structure of the Council of Ministers of the Republic of Abkhazia and attached under the subordination of the Supreme Council of the Republic of Abkhazia.
Article 2. In order to provide appropriate conditions for the privatization in the republic, the State Committee on the State Property Management and Privatization shall be withdrawn out of the subordination of the Council of Ministers of the Republic of Abkhazia and attached under the subordination of the Supreme Council of the Republic of Abkhazia.
Article 3. Considering the worsening of ecological condition and the necessity of conducting the urgent measures for its improvement and preservation of the recreation resources of the republic, the State Committee for Environment Protection shall be withdrawn from the structure of the Council of Ministers of the Republic of Abkhazia and attached under the subordination of the Supreme Council of the Republic of Abkhazia.
(…)
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
5 March 1992
(T. Nadareishvili, Genotsid v Abkhazii, p. 40-41)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA on Creation under the Chairman of the Supreme Council of the Republic of Abkhazia of the Interim Council on Coordination of activity of military units dislocated on the territory of Abkhazia
The Supreme Council of the Republic of Abkhazia decrees:
1. Do to the disintegration of the USSR and abolishment of the Union structures, including the military troops of the Ministry of Interior of the USSR, being guided by the interests of the multinational population of Abkhazia, considering the difficult public-political situation and necessity of its expeditious regulation - to set up under the Chairman of the Supreme Council of the Republic of Abkhazia  the Interim Council on Coordination of activity of military units dislocated on the territory of Abkhazia.
2. The Presidium of the Supreme Council of the Republic of Abkhazia shall approve the Regulations on interim composition of the Council on coordination of activity of the military units dislocated on the territory of Abkhazia.
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
6 March 1992
(Personal archive of the author)


DECREE # 291 ISSUED BY THE CABINET OF MINISTERS OF THE REPUBLIC OF GEORGIA on the Decree # 255  on ”Transfer of Some Enterprises and Organizations under the Jurisdiction of the Ministry of Trade of the Abkhaz ASSR” issued by the Council of Ministers of the Abkhaz ASSR on 26 November  1991
The Cabinet of Ministers of the Republic of Georgia decrees:
Based on Article 16 of the Law of the Republic of Georgia on the “Cabinet of Ministers of the Republic of Georgia”, to suspend the decree #255 on ”Transfer of Some Enterprises and Organizations under the Jurisdiction of the Ministry of Trade of the Abkhaz ASSR” issued by the Council of Ministers of the Abkhaz ASSR on 26 November 1991 as an arbitrary and anti-Constitutional act that aims at violating the ownership right of the Republic of Georgia on the aforementioned enterprises and organizations.
Acting Prime-Minister of the Republic of Georgia T. Sigua
Acting Head of the State Chancellery
of the Cabinet of Ministers of the Republic of Georgia G. Beridze
10 March 1992
(Decrees Issued by the Cabinet of Ministers of the Republic of Georgia, March 1992, p. 131)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA on Procedures of Appointment of the Leading Personnel Within the System of the Ministry of Interior of the Republic of Abkhazia
Based on the Decree “On Transfer of the agencies of the Procuracy and the Ministry of Interior under the Jurisdiction of Abkhazia” issued by the Presidium of the Supreme Council of the Republic of Abkhazia on 24 January 1992, the Presidium of the Supreme Council of the Republic of Abkhazia decrees:
To introduce the following procedure of appointment:
- the First Deputy Minister, Deputy Ministers of the Ministry of Interior shall be appointed under the Decree issued by the Council of Ministers of the Republic of Abkhazia with prior consent of the Presidium of the Supreme Council of the Republic of Abkhazia followed by the Order of the Minister of Interior of the Republic of Abkhazia;
- heads of departments (divisions) of the Ministry of Interior of the Republic of Abkhazia shall be appointed by the Minister of Interior of the Republic of Abkhazia;
- heads of city and district divisions of Interior Affairs and transport interior divisions shall be appointed under the Decrees issued by the Minister of Interior agreed with the heads of local authorities and the Presidium of the Supreme Council of the Republic of Abkhazia.
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
17 March 1992
(Personal archive of the author)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF ABKHAZIA on Endorsement of the Military Oath
The Presidium of the Supreme Council of Abkhazia decrees:
To approve the text of the Military Oath.
Chairman of the Presidium of  Supreme Council of Abkhazia V. Ardzinba
17 March 1992
(Personal archive of the author)


Oath of Allegiance
I, joining the Internal Forces of the Republic of Abkhazia, make an oath and solemnly swear to be an honest, brave, disciplined, vigilant soldier; keep the State and Military secrets; behave in full conformity with the Constitution and Law of Abkhazia; obey the orders of Commanders and Superiors.
I swear to master Military skills in good faith; protect the Military and National property; defend the Republic of Abkhazia regardless any danger to my life.
17 March 1992
(Personal archive of the author)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA on Temporary Procedure of “propiska” (registration of citizens at their places of residence - edit.) of the Citizens on the Territory of the Republic of Abkhazia
Before the privatization of dwelling fund and fulfilling the land reform, and before adoption of the law “on Citizenship of the Republic of Abkhazia”, the Presidium of the Supreme Council of the Republic of Abkhazia decrees:
1. The following persons shall be registered (propiska) at the dwelling houses of the cities, towns and town-type settlements regardless the space of the dwelling places:
a) Spouse - in the dwelling place of his/her spouse;
b) Under age children and wards - in the dwelling place of parents or tutors;
c) Adult children having no family of their own or having under age children and are not married - in the dwelling place of parents;
d) Parents - in the dwelling place of children;
e) Under age sisters and brothers having no parents, disable own sisters and brothers regardless the age if they have no family - in the dwelling place of sister or brother;
f) Military servicemen and retired officers from the Military Forces of the CIS after accomplishment of the active duty if they were conscripted from that settlement - in the dwelling place they occupied before conscription, or in the dwelling place of parents or other relatives.
g) The persons previously residing in the settlement that left it for the purpose to find temporary job or get the education outside of the republic - in the dwelling place they resided before departure.
h) The persons released from penitentiary facilities after serving the sentence, and also the persons that had been removed restrictions from conditional punishment with obligatory involvement in labour - in the dwelling place of their parents or relatives they lived with before conviction.
The citizens temporarily left the dwelling shall be registered at dwelling place regardless  its size (space) if by statute-established rules they retain the right on “propiska”.
2. “Propiska” of persons invited by enterprises, organizations or agencies as the necessary specialists shall be carried out on the exceptional basis and if the inviting agency provides the place of residence from its dwelling fund.
3. The students of high-schools and vocational establishments, trainees and students of qualification courses - arriving for temporary residence - are allowed to be registered for a time of study, as well as the members of their families.
4. The decision on registration (propiska) on the territory of Abkhazia shall be taken by the Commission on Propiska at the Supreme Council of the Republic of Abkhazia and the Commissions under the local governing agencies at the towns, villages and settlements of the Republic of Abkhazia; the composition of the Commissions are approved by the Supreme Council of the Republic of Abkhazia.
5. To determine the following procedures for taking decisions on and carrying out propiska of citizens:
a) The Central Commission on Propiska is entitled to make decision on propiska for the citizens migrating within the territory of the Republic of Abkhazia and those that arrive from outside of the republic;
b) The local city and district commissions are entitled to make decision on propiska for the citizens moving within the cities, towns or settlements;
c) Propiska of persons that attained the age of 16, as well as the persons that lost and restored or changed the passport, shall be carried out by the local passport services;
d) The relevant local agencies shall draft the documents and perform the registration of migration of the citizens (relevant dwelling and statistic offices);
e) The leadership of the relevant Interior Department shall submit the documents and background papers on propiska to the Central Commission on Propiska;
f) The decision on propiska is implemented by the passport services of the cities, towns and settlements of the Republic of Abkhazia simultaneously exercising registration, filing and address-enquiry works.
7.  To consider null and void on the territory of Abkhazia the Decree issued by the Council of Ministers of the USSR #678 of 28 August 1974 “on Certain Procedures of Propiska of the Citizens”.
8.  The Ministry of Interior of the Republic of Abkhazia shall provide to the departments of Internal Affairs of the City Sukhumi, divisions of interior affairs of towns, villages and settlements the stamps and letter-heads for citizens’ propiksa in two days term.
9. The organs of local governance of towns and districts of the Republic of Abkhazia in two days term shall provide the composition of the commissions on propiska to the Presidium of the Supreme Council of the Republic of Abkhazia for approval.
10. The Central Commission on Propiska at the Supreme Council of the Republic of Abkhazia shall exercise control over fulfillment of procedures set out in this Decree.
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
24 March 1992
(Personal archive of the author)


DECREE ISSUED BY THE COUNCIL OF MINISTERS OF THE REPUBLIC OF ABKHAZIA on Taking Under Jurisdiction and State Management of the Republic of Abkhazia the Enterprises, Organizations and Agencies of the Union and Union-republic Subordination Located on the Territory of Abkhazia
In order to fulfil the Decree issued by the presidium of the Supreme Council of the Abkhaz ASSR of 27 September 1991 #17-25-II “on Securing the Economic bases for the Sovereignty of Abkhazia”, the Council of Ministers of Abkhazia decrees:
1. To take under the jurisdiction and state management of the Republic of Abkhazia the enterprises, organizations and agencies of the union and union-republic subordination located on the territory of Abkhazia in conformity with the annex.
2. The Ministry of Justice of the Republic of Abkhazia shall register all economic subjects transferring under the jurisdiction of the state management of Abkhazia respecting subordination of enterprises and organizations to the Ministries and Agencies of Abkhazia approved by the Supreme Council of the Republic of Abkhazia of 5 March 1992 and pointed in the annex.
3. The Ministries of Industry, Agriculture and Food, Energy, Transport and Communication, Trade, Justice, Economy, Education and Culture, Health Care, and the State Committees on Construction and Architecture, Forestry, Resorts, Tourism and Sport, State Property Management and Privatization of the Republic of Abkhazia shall carry out immediate inventory of aforementioned enterprises, organizations and agencies.
4. To take a note that the Procuracy of Abkhazia, in order to protect the property rights and economic interests of the Republic of Abkhazia, shall carry out necessary measures to prevent embezzlement and misappropriation of the state property, including prosecutors’ guarding at the places.
5. The Ministry of Economy and the Ministry of Finance of the Republic of Abkhazia, together with the field Ministries, Agencies and the Committee on State Property Management and Privatization of the Republic of Abkhazia, shall decide the issues of financing and material-technical supply of the enterprises, organizations and agencies taking under the jurisdiction of the state management of Abkhazia.
First Deputy Chairman of the Council of Ministers of Abkhazia V. Mikanba
Executive Manager of the Council of Ministers of Abkhazia Kh. Jikia
24 March 1992
(Personal archive of the author)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA on Recruitment into the Active Military Service and Measures for Observance the law “On General Obligatory Military Service”
Despite the measures taken by the Supreme Council of the Republic of Abkhazia, the Ispolcoms of district and city Councils of the people’s Deputies, military registration and enlistment offices and law-enforcement agencies take quite a passive position with regard of recruitment into the active military service and mobilization of reservists that is a violation of the law “On General Obligatory Military Service”.
Heads of organizations, agencies, collective farms and educational institutions do not organize preparatory works with under-conscripts.  They provide the job places to the citizens without adequate papers on military registration and “propiska”.
In order to adjust recruitment into the active military service and for the strict observance the Law “On General Military Service”, Presidium of the Abkhaz Supreme Council decrees:
1. To call for the active military in April-June in the troops of the Interior Forces of the Republic of Abkhazia the citizens who have attained the age of 18 by the day of recruitment and have no right for postponing the service.
2. To establish the recruiting Commission of the Republic under the chairmanship of the Head of United Military Mobilization Department of Sukhumi in order to subordinate the regional recruiting Commissions and to monitor their activities.
3. To establish that the call for the active military service outside of the Republic of Abkhazia shall be done pursuant to the concluded agreements and on the basis of the order approved by the Chairman of the Interim Council on coordination of the activities of the armed troops.
4. The Ministry of Interior of the Republic of Abkhazia, in coordination with the military-mobilization Services shall strictly observe the procedures of recruitment and initiate the criminal prosecution against those citizens who try to avoid serving in military.
5. The heads of secondary schools, vocational institutions and high schools shall submit the lists of conscript-age citizens to the military-mobilization services.
6. The military-mobilization services shall provide before the 1st May the data on the citizens of conscript-age.
7. The Standing Committee of the Supreme Council of the Republic of Abkhazia on Human Rights and Inter-ethnic relations shall draft and submit to the Supreme Council of Abkhazia before the 1st May the draft-law “On General Obligatory Military Service” and “On Alternative Military Service”.
8. The Decree comes into force promptly after its adoption.
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
31 March, 1992
(Newspaper “Respublika Abkhazia”, # 59, 7 April 1992)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA  on changes to the Decree by the Supreme Council of Abkhazia “On Introduction of Special Regime of Conduct of the Citizens on the territory of Abkhazia”
Pursuant to Article 2/3 and 4/6  of the Law of the Republic of Abkhazia on legal regime of the state of emergency, the supreme Council of the Republic of Abkhazia decrees:
1. To formulate Article 2 of the Decree issued by the Supreme council of Abkhazia “On Introduction of Special Regime of Conduct of the Citizens on the Territory of Abkhazia” as follows:
“to prohibit organization of meetings, demonstrations, street processions and other events that may destabilize the situation”.
2. To exclude paragraph 1 of  Article 4 from the aforementioned Decree.
3. To formulate sub- paragraph 6 of Paragraph 5 as follows:
“To impose the fine on the organizers of meetings, strikes, demonstrations and street processions of  5 000 roubles through court proceedings;
Repeated breach shall be fined of 10 000 roubles”
4. This Decree shall come into force from he day of its adoption.
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
10 April 1992
(Personal archive of the author)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA on Adding to the list of the Decree by the Presidium of the Supreme Council of the Republic of Abkhazia “On Securing the Economic Basis of the Sovereignty of Abkhazia”
Due to disbanding of the military unit # 10935 dislocated in the village of Okhurei of Ochamchire district, the Presidium of the Supreme Council of the Republic of Abkhazia decrees:
To add to the list of “organizations, agencies and institutions of the union and union-republic jurisdiction located on the territory of Abkhazia” the following items:
- premises, buildings and other properties located on the territory of the unit #10935 and declare them as the property of the Republic.
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
28 April 1992
(Personal archive of the author)


DECREE ISSUED BY THE COUNCIL OF MINISTERS OF THE ABKHAZ ASSR on Conscription in April-June of 1992 to the active military service the Citizens born in 1965-1974
In the course of implementation of the Decree issued by the Supreme council of the Abkhaz ASSR of 31 March 1992… The Council of Ministers of the Abkhaz ASSR decrees:
1.  Executive Committees of the city and district Council of the People’s Deputies, heads of administration, together with the recruiting commissions, in April-June of 1992 shall carry out conscription to the active military service the citizens born in 1965-1974.
2. (…)
The Ministry of Interior shall assist to the military-mobilization departments in search of persons evading from the active military service and take decisive measures to bring them to the justice.
3. The Procuracy of Abkhazia shall response to the facts of breach of the legislation…
(…)
5.  The Ministry of Finance of Abkhazia (Comr. Sichinava) shall cover the costs of transportation of conscripts in accordance with the bills submitted by the Military-mobilization Department of Abkhazia.
6. In time of conscription the Ministry of Health of Abkhazia shall not admit inpatient treatment or examination of citizens born in 1965-1974, which do not have Military Card, without written consent of the recruiting commissions save in the cases of urgent medical assistance.
(…)
30 April 1991
(Newspaper “Afxazetis Khma”, # 76, 12 May, 1992)
    

DECREE ISSUED BY THE STATE COUNCIL OF THE REPUBLIC OF GEORGIA on Solution of the Complex Problems Related to Formation and Functioning of Border Zone of the Republic of Georgia.
After the restoration of the State independence of the Republic of Georgia and radical political changes in the former Soviet Union Republics in general, and in the Caucasus region in particular, it became sheer necessity to create a border zone along the land and marine borders of the Republic of Georgia and to take immediate measures aimed at its formation.
The Ministry of Defence of the Republic of Georgia - alongside other interested ministries and agencies and in conformity with the International legal norms and taking into account the experience of sovereign states in the sphere of protection of State border- must elaborate a complex action-plan and solve a number of problems related to formation and functioning of border service, establishment of its material-technical base and preparation of highly skilled personnel for the border guard.
In order to secure the territorial integrity and inviolability of borders of the Republic of Georgia and formation of normal border service that would allow to rule out any violations of political and economic character and would rest on healthy, and good neighborly relation with all the adjoining States, the State Council of the Republic of Georgia decrees:
1. To note that pursuant to the decree #128 issued by the Government of Georgia on 6 February 1992 a border zone was established on the whole territory of the Republic. Pursuant to the aforementioned decree, the width of border zones of administrative units of the Republic of Georgia must be determined, and the width of those units has to be no wider than 21 kilometer.       
2. To entrust the Ministry of Defense of the Republic of Georgia - alongside other interested ministries and agencies must submit, without undue delay, to the Government of Georgia:
- A scheme for construction of border facilities and communication means with indication of their sizes, type of facility, components, volume of work and time limit of construction, budgeted costs and sources of financing…
(…)
- Draft resolution on introduction of passport regime along the whole length of land and marine border zone, including the frontier towns, ports, and sea areas of the Republic …
4. With respect of specifics of management and economic activity in the border zone, and in order to secure material-technical and food supply for all type border contingents, to bring under the jurisdiction of the Ministry of Defence those kolkhozs (Collective Farms-edit.), rural enterprises, enterprises involved in processing of agricultural products and other facilities that are located in the border zone (pursuant to the annexes 1, 2, and 3).
6. To note that pursuant to the decree issued by the Cabinet of Ministers of the Republic of Georgia on 6 February 1992 in the course of introduction of partial amendments and additions to the decree #48 issued on 13 February 1992 on “Reform of Agricultural Lands in the Republic of Georgia”, it was stipulated that:
(…)
- the Lands within 21 kilometers of the border zone are the State Lands and cannot be privatized. In the border zones, it is prohibited to allocate personal plots, including plots for individual house construction.
7. In order to secure effective management of all agricultural and processing enterprises, as well as other enterprises of food industry providing food for all arms of service, a special service dealing with the above issues shall be created by the Ministry of Defence of Georgia.
8. To permit the conscripts from the border zone and other regions of the republic to carry out alternative service, upon their will, at the agricultural and other economic enterprises in the border zone.
10. To allocate for the Ministry of Defence, as an exemption and within capability for temporary use of 3 hectares of cropland for each military check point and commandant’s office, and 0.25 hectare of cropland for every household of commissioned and non-commissioned officers.
11. To permit to agricultural organizations unlimited use of pastures and hayfields, which previously used those pastures and hayfields in the border zone under the existing rules.
12. To entrust the leaderships of executive bodies of the Autonomous Republics of Abkhazia and Ajara and other regions adjacent to border zones with a task of rendering maximum possible support to the Ministry of Defence of the Republic of Georgia in their endeavors to carry out effective protection of the State borders.  In order to facilitate the border guards, the voluntary groups shall be set up at the settlements that will help in construction of border facilities and communication means, as well as in maintaining the adequate order in economic activities.
Chairman of the State Council of the Republic of Georgia E. Shevardnadze
Secretary of the State Council of the Republic of Georgia V. Goguadze
7 May 1992
(Collection of Normative Acts issued by the State Council of the Republic of Georgia, volume 1, Tbilisi, 1995, p. 54-58)


DECREE ISSUED BY THE STATE COUNCIL OF THE REPUBLIC OF GEORGIA on the Decree # 46 issued on 24 March 1992 by the Council of Ministers of the Abkhaz ASSR on “Transfer Under the Jurisdiction of the Republic of Abkhazia the Enterprises, Agencies and Organizations of the Union and Union-Republic Subordination Located on the Territory of Abkhazia”
On 24 March 1992 the Council of Ministers of the Abkhaz ASSR issued a decree according to which those enterprises, agencies and organizations located on the territory of Abkhazia that were under the Union and Union-Republic subordination before the disintegration of the USSR, have come under the jurisdiction of the Abkhaz ASSR. According to the same decree, the Ministry of Justice of Abkhazia was entrusted with a task of ensuring registration of these economic institutions.
The State Council of the Republic of Georgia notes that the aforementioned decree of the Council of Ministers of the Abkhaz ASSR contradicts the legislation of Georgia due to the following circumstances:
Pursuant to the decree issued on 15 September 1991 by the Supreme Council of the Republic of Georgia on “Status of Enterprises, Agencies and Organization of Union and Union –Republic Subordination Located on the Territory of Georgia”, all these enterprises, agencies and organizations of Union and Union-Republic subordination are declared to be the property of the Republic of Georgia and the Cabinet of Ministers of the Republic of Georgia is entrusted with a task of managing them.
This decree of the Supreme Council of the Republic of Georgia has a legal effect on the organizations located on the territory of the Abkhaz ASSR, since the Abkhaz ASSR is an integral part of the Republic of Georgia and legal acts adopted by the highest Authorities of the Republic of Georgia are valid on the whole territory of Georgia.
It should be pointed out that pursuant to decree issued on 15 September 1991 by the Supreme Council of the Republic of Georgia, all enterprises, agencies and organizations of formerly Union and Union Republic subordination and located on the territory of the Abkhaz ASSR have already been transferred under the exclusive jurisdiction and ownership of the Republic of Georgia.
Therefore, the Council of Ministers of the Abkhaz ASSR was not authorized to transfer enterprises, agencies and organizations of formerly Union and Union Republic subordination and located on the territory of the Abkhaz ASSR under the jurisdiction and management of Abkhazian authorities prior obtaining consent from the Government of Georgia or the Committee on Management of State Property of Georgia.
Proceeding from the aforementioned and pursuant to Article 19 of the Statute of the State Council of the Republic of Georgia, the State Council of the Republic of Georgia decrees:
1. To repeal the decree # 46 issued on 24 March 1992 by the Council of Ministers of Abkhazian ASSR “Transfer Under the Jurisdiction of the Republic of Abkhazia the Enterprises, Agencies and Organizations of the Union and Union-Republic Subordination Located on the Territory of Abkhazia”.
2. To entrust the Government of Georgia, through the Committee on Management of State Property and relevant ministries and agencies, with a task of taking care and maintenance of the property of the Republic of Georgia and securing property rights and interests of the Republic.
Chairman of the State Council of the Republic of Georgia E. Shevardnadze
 Secretary of the State Council of the Republic of Georgia V. Goguadze
19 May 1992
(Collection of Normative Acts issued by the State Council of the Republic of Georgia, volume 1,  p. 67-69)


RESOLUTION ISSUED BY THE EXTRAORDINARY SESSION OF THE SUPREME COUNCIL OF THE NORTH OSSETIAN SSR
Having discussed the tragic events in the South Ossetia, the Extraordinary Session of the Supreme Council of the North Ossetian SSR notes that despite all measures taken by the leadership of the South Ossetian SSR in the course of the three-year war provoked by Georgian national-extremists that resulted in casualties of many hundreds of Ossetian people, disasters and suffering of the population, and also despite the promises of the new leadership of Georgia on peaceful developments, a new act of genocide against the Ossetian people has been committed recently.  Georgian armed formations traitorously assaulted the column of refugees: helpless children, women and elders and fired them point-blank on 20 May 1992.  Reportedly  36 people have been killed…
Realizing the responsibility towards the people of Ossetia and expressing its will, the extraordinary session of the Supreme council of the North Ossetian SSR resolves:
1.  To condemn the act of Genocide committed by the Georgian national-extremists against the Ossetian people.
2.  To announce public mourning on the territory of the North Ossetian SSR from 21 to 24 of May of 1992.
3.  To lodge the emphatic protest to the State Council of Georgia due to the committed act of vandalism and continued war against the Ossetian people.
5. To bring up to strength the Republican Guard, including the detachments of Cossack and carry out the enrolment of volunteers in order to be sent for defending the Republic of South Ossetia.
6. To block the Georgian Military High-way; to cut-off the gas supply to Georgia…
7.  To address to the leadership of the Russian Federation with request of providing the necessary amount of arms, ammunitions, techniques and properties for the Republican Guard of the North Ossetia.  In case of objection from the side of the Russian Federation, the North Ossetian SSR retains the right to nationalize aforementioned properties.
8.  To entrust the Republican Defence Committee with a task of producing the weapons at the enterprises of the City Vladikavkaz.
(…)
Chairman of the Supreme council of the South Ossetian SSR A. Galazov
Vladikavkaz, 21 May 1992
(Newspaper “Severnaia Ossetia”, # 97, 22 May 1992)


DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF ABKHAZIA on Permission to Change the Last Name and Biographical Particulars on National Affiliation upon Request of Citizens
In order to provide free choice to the citizens of the Republic of Abkhazia in the course of choosing the last name and national affiliation, the Presidium of the supreme council of the Republic of Abkhazia decrees:
1. To give a permission to the Ministry of justice to change the last name and biographical particulars on national affiliation by the request of citizens.
2. To declare null and void on the territory of the Republic of Abkhazia the last sentence of the part 2, paragraph 3 of the “Regulation of the passport Regime of the USSR” approved by the Council of Ministers of the USSR on 28 August 1974 (# 677).
3. To entrust the Council of Ministers of the Republic of Abkhazia with a task of approving the Regulation on changing the last name and biographical particulars on national affiliation upon the request of citizens.
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
26 May1992
(Newspaper “Respublika Abkhazia”, #98, 2 June 1992)


DECREE ISSUED BY THE SUPREME COUNCIL OF THE RUSSIAN FEDERATION on Entering on the Agenda of the Forth Session of the Supreme Council of the Russian Federation the issue “on the Situation in the North and South Ossetia”
Having heard the information of the chairman of the Commission on National-state Arrangement and International Relations of the Council of Nationalities of the Supreme Council of the Russian Federation about the situation in the South Ossetia and taking into account escalation of the armed conflict and continued violation of human rights on the territories of the South and North Ossetia, the Supreme Council of the Russian Federation decrees:
To entrust the Committee of the Supreme Council of the Russian Federation on Interstate Issues, Regional Policy and Cooperation, Committee on International affairs and Foreign Economic Relations and the Committee on National-state Arrangement and International Relations with a task of preparing the issue “on the situation in the North and South Ossetia” together with the Ministry of Foreign Affairs and the Ministry of Defence of the Russian federation in order to put it on the agenda of the session of the Supreme Council of the Russian federation of 3 June 1992.
Chairman of the Supreme Council of the Russian Federation R. I. Khasbulatov
28 May 1992
(Bulletin of the Congress of the People’s Deputies of the RF and the Supreme Council of the RF, M., 1992, # 23, p. 1578)


DECLARATION OF INDEPENDENCE OF THE REPUBLIC OF SOUTH OSSETIA
Proceeding from the fatal threat over the South Ossetia and due to the murderous acts, genocide and violations from the side of the Republic of Georgia that brought to the edge of extinction the people and culture of the South Ossetia in time of disintegration of the USSR in 1989-1992,
Based on the right of self-determination defined by the Statutes of the UNO and other international-legal acts,
Taking into consideration the results of the elections to the Supreme Council of the Republic of South Ossetia of 9 December 1990 and the will of the people expressed at the referendum of 19 January 1992,
Implementing the Declaration on State Sovereignty of the Republic of South Ossetia,
The Supreme council solemnly declares
the independence of the South Ossetia and establishment of the independent state of South Ossetia.
From now and then the territory of the South Ossetia is indivisible and only the Constitution and the laws of the Republic of South Ossetia are in effect on its territory.
This act comes into effect from the moment of its adoption.
Supreme Council of the Republic of South Ossetia
Tskhinval, 29 May 1992
(The South Ossetia. Chronicle of Events of the Aggression of Georgia 1988-1992, by B. Chochyev and M. Jioev, Tskhinval, 1996, p. 1)


DECREE ISSUED BY THE SUPREME COUNCIL OF ABKHAZIA on Decree issued by the State council of Georgia “on Regulation of Problems on Formation and Operation of the Border zone of the Republic of Georgia”
On 7 May of 1992 the State Council of the Republic of Georgia issued the Decree “on regulation of problems on formation and operation of the border zone of the Republic of Georgia” aimed at regulating the border-guard service and establishing the special regime along the Russian-Georgia state border that territorially belongs to Abkhazia.
The frontier stretches over 21 km.  The collective farms of Salmenskiy and Mikelripshskiy, reserves of Pskhui and Rodinskiy, as well as some woods of the forestry farms that belong to Abkhazia are brought under the jurisdiction of the Ministry of Defence of the Republic of Georgia.  The rules of management of the rural territories within 21-km zone have been established.
The Ministry of Defence of the Republic of Georgia has been entrusted with a task of setting the passport regime and elaborating the programme on construction of frontier facilities and communication means in this zone.
Given Decree runs counter to Articles 11, 72 and 93 of the Constitution of Abkhazia and the Declaration on State Sovereignty. The Republic of Abkhazia enjoys sovereignty, has its state borders, independently decides issues related to the administrative-territorial settlement, performs the measures on its territory aimed at strengthening of the territorial integrity.
The Supreme council of the Republic of Abkhazia decrees:
1. To declare null and void on the territory of Abkhazia the decree issued by the State Council of the Republic of Georgia “on regulation of problems on formation and operation of the border zone of the Republic of Georgia” of 7 May 1992.
2. The further decisions of the State Council of the Republic of Georgia that infringe the Constitutional basis and state sovereignty of Abkhazia shall not be implemented on the territory of Abkhazia since their adoption.
3. The coordinating council of the activity of the military units shall elaborate the action plan for determining the legal aspects of the state borders of the Republic of Abkhazia.
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
3 June 1992
(Newspaper “Respublika Abkhazia”, # 104, 10 June 1992)


DECISION TAKEN BY THE JOINT SESSION OF THE PRESIDIUM OF THE SUPREME COUNCIL OF THE NORTH OSSETIAN SSR AND THE PRESIDIUM OF THE SUPREME COUNCIL OF THE SOUTH OSSETIA
Taking into consideration the critical situation consequent to the armed operations against the peaceful population of the South Ossetia, the Presidium of the Supreme Council of the North Ossetian SSR and the Presidium of the Supreme Council of the South Ossetian Republic decide:
1. To consider necessary immediate meeting of the leaders of the South Ossetia, North Ossetia and Georgia in order to establish cease-fire and settle the issue at quadripartite negotiations with participation of the Russian Federation;
2. To entrust Biragov Y.G. and Chochyev A.R. with a task of determining the representatives from the Russian Federation, Georgia, North and South Ossetia to the quadripartite negotiations as observers in order to secure effective control over the implementation of the paragraph 1 of this decree.
3. To entrust Kulov L.M. with a task of negotiating with the leadership of Georgia and Russian Federation an issue on establishment of joint press-center for objective dissemination of the information regarding the situation in the region.
4. To ask the President of the Russian Federation B. Yeltsin for speeding up the implementation of measures aimed at stabilizing the situation in the South and North Ossetia in conformity with the Resolutions of the III and IV Congress of the People’s deputies of the Russian Federation.
Chairman of the Supreme council of the North Ossetian SSR A. Galazov
Deputy Chairman of the Supreme council of the South Ossetia A . Chochyev
8 June 1992
(Newspaper “Severnaia Ossetia”, #110, 10 June 1992)


protocol of the meeting between the cheirman of the state councel of the republic of Georgia E. A. Shevardnadze and the cheirman of the supreme council of the NORTH OSSETIAN SSR A. KH. GALAZOV
On 10 June 1992 in the village of Kazbegi a meeting between the Chairman of the State Council of the Republic of Georgia -E. Shevardnadze and the Chairman of the Supreme Council of North Ossetian SSR A. Galazov took place.
The following officials participated in the negotiations: First Deputy Prime-Minister of the Republic of Georgia, Minister of Defence T.K. Kitovani, Deputy Prime-Minister on Inter-Ethnic Relations and Human Rights of the Republic of Georgia A.I. Kavsadze, Chairman of the Council of Ministers of North Ossetian SSR S.V. Khetagurov, Ministers of Interior and Security of North Ossetian SSR G.M.Kantemirov and T.E.Kusov.
In the course of the meeting the Parties agreed on the following:
1. To achieve an immediate cease-fire in the zone of Georgian-Ossetian conflict.
2. To set up, until 12 June 1992, a joint, quadripartite group of observes that shall include representatives of parties involved in the conflict.
3. With a purpose of stabilizing the situation in the conflict zone, to start establishment of joint peacekeeping military unity that shall be composed of veterans of the Afghanistan war.
4. To set up, until 12 June 1992, a joint press-center that shall be composed of representatives of all interested parties and shall prepare and disseminate agreed-on and objective information.
5. In the immediate future to organize meeting and negotiations between leaders of armed formations of the parties involved in the conflict.
6. To work out complex of measures aimed at return of refugees to their homes until the onset of winter chill.
7. To reiterate the necessity of creation of a joint operative-investigative group for investigation of crimes committed on 20 May 1992 in the village of Kekhvi.
8. To encourage cooperation of law-enforcing bodies and special services of the parties.
9. To deem it appropriate for the Russian Federation and the Republic of Armenia in the negotiation process aimed at settlement of the conflict.
10. To call upon the populations of the Republics, representatives of creative intelligentsia, women and youth organizations, mass media, and sport associations to provide active support to the peace efforts of leadership of the Republics, their drive for restoration of traditional friendship between the Georgian and Ossetian nations and restoration of economic and cultural ties between them.
11. On behalf of the participants of the meeting in Kazbegi to appeal to the Georgian and Ossetian nations.
On behalf of the Republic of Georgia E. A. Shevardnadze
On behalf of the North Ossetian SSR A. Kh. Galazov
10 June 1992
(Newspaper “Severnaia Ossetia”, # 111, 11 June 1992)


AGREEMENT on Principles of Settlement of the Georgian - Ossetian Conflict
The Republic of Georgia and the Russian Federation,
Striving for immediate cessation of bloodshed and achieving comprehensive settlement of the conflict between Ossetians and Georgians,
Being guided by the desire to witness speedy restoration of peace and stability in the region,
Reaffirming commitment to the principles of the UN Charter and the Helsinki Final Act,
Acting in the spirit of respect for human rights and fundamental freedoms, as well as rights of ethnic minorities,
Taking into account the agreement reached in Kazbegi on 10 June 1992,
Have agreed upon the following:
Article 1
1. From the very moment of signing this agreement, the opposing parties commit themselves to undertake all necessary measures aimed at termination of hostilities and achievement of comprehensive cease-fire by 28 June 1992.
2. From the moment of termination of hostilities, on 28 June 1992 the opposing parties shall withdraw their armed formation with a view of creation of corridor adjacent to the line of juxtaposition. The withdrawal of armed formations shall be completed within three days.
Passage through the line of juxtaposition, corridor and its width shall be determined by the joint group of observers.
Article 2
In order to secure demilitarization of the conflict region and to rule out the possibility of involvement of the Armed Forces of the Russian Federation in conflict, the Russian Federation shall withdraw the Tskhinvali-distrcit deployed 37th engineer-sapper Regiment and 292 separate fighting helicopter regiment within 20 days from the moment of cease-fire and separation of opposing parties.
Article 3
1. In. order to exercise control over the implementation of cease-fire, withdrawal of armed formations, disband of forces of self-defense and to maintain the regime of security in the region, a mixed Control Commission composed of representatives of opposing parties shall be set up and this Commission shall carry out its functions in close cooperation with the joint group of military observers created in accordance with the agreements reached in Kazbegi.
2. Every Party participating in the work of Commission shall appoint its own representatives. Headquarters of the Control Commission shall be located in the town of Tskhinvali.
3. Until the aforementioned tasks are implemented, joint forces on coordination of activities aimed at establishment of peace and maintenance of order shall be created within the Control Commission. In addition, special mixed groups of observers, attached to the Control Commission, shall be deployed along the security perimeter.
4. The Control Commission and attached to it forces shall start immediate implementation of those tasks assigned by the present agreement.
5. In case of violation of provisions of this Agreement, the Control Commission shall carry out investigation of relevant circumstances and undertake urgent measures aimed at restoration of peace and order and non-admission of similar violations in the future.
6. Financial provision for activities of the Control Commission and forces attached to it shall be provided by the Parties on equal footing.
Article 4
The Parties shall start immediately negotiations on economic restoration of the regions located in the conflict zone and creation of proper conditions for return of refugees.
The Parties deem it inadmissible to apply economic sanctions and blockade, and any other impediments to free movement of commodities, services and people and commit themselves to provide humanitarian assistance to the affected population.
Article 5
The Parties shall seek objective and balanced mass media coverage of the settlement process. To this end, a multilateral press-center shall be established within the Control Commission.
Article 6
This Agreement shall come into force immediately after it is signed.
Sochi, 24 June 1992, in a set of three in Georgian, Russian and Ossetian languages, and each of these three copies are of equal validity.
On behalf of the Republic of Georgia E. A. Shevardnadze
On behalf of the Russian Federation B. N. Yeltsin
(Newspaper “Svobodnaya Gruzia”, # 82, 27 June 1992)  


DECREE ISSUED BY THE PRESIDIUM OF THE STATE COUNCIL OF THE REPUBLIC OF GEORGIA on the Current Situation in Abkhazia
The Presidium of the State Council of the Republic of Georgia notes that despite the numerous official warnings and collegial advises offered to the Abkhazian leadership to desist from voluntarism and denounce violent methods in carrying out personnel policy, the Abkhaz leadership continues its destructive actions.
On 24 June 1992 in Sukhumi, armed individuals surrounded the building of the Ministry of Interior, and inflicted serious body-injury to G. Lominadze - the Minister of Interior of Abkhazia. This fact resulted in expression of indignation by the population of the Autonomous Republic, especially by ethnic Georgians-as a result acts of disobedience occurred (more than half of regional and town departments of the Ministry of Interior do not obey the Ministry), full scale industrial strike was declared, for several hours electricity supply and telecommunication means have been disrupted and there were serious outages in functioning of other means of communication as well. There is a serious danger of further escalation of the situation that would lead to chaos and the situation may become uncontrollable.
According to the information available to the State Council, the considerable part of the population of Abkhazia does not trust and does not obey the Chairman of Supreme Council of Abkhazia.
Taking into the current situation, the Presidium of the State Council of the Republic of Georgia decrees:
1. In order to avoid further deterioration of the situation and potential for contradictions and clashes, Mr. T. Nadareishvili - the First Deputy Chair of the Supreme Council of Abkhazia- is entrusted with a task of coordinating of emergency measures aimed at stabilization of the situation.
2. Mr. T. Nadareishvili, in association with Mr. V. Ardzinba - the Chairman of the Supreme Council of Abkhazia and Abkhaz deputies, political parties and leadership of regions are entrusted with a task of undertaking all necessary measures aimed at overcoming the current difficulties and restoring normal tempo of life.
3. Mr. Nadareishvili shall inform the State Council and the Interim Government of Georgia about the measures undertaken and the ongoing processes.
Presidium of the State Council of the Republic of Georgia.
(Newspaper “Svobodnaya Gruzia”, # 84, 2 July 1992)

Overview

Despite of some resemblance and intermingling, The Georgians, ethnically and linguistically, are unrelated to the Indo-Europeans (Russians, Armenians, or any Western European groups). They form a group of their own, named "Ibero-Caucasian", "South Caucasian" or "Kartvelian" (the latter is the Georgians' own name for their nation). Professor Nikolai Marr, a prominent scholar of the Caucasian languages, brought into use the term "Japhetic" to designate a group (which includes Georgian) which he and other scholars believed to have inhabited the Mediterranean basin before the arrival of the Indo-Europeans circa II millenium BCE. These scholars believe that of this group of people, known as "Proto-Iberians", the Georgians and the Basques (in Spain) are the sole survivors, though the extinct Etruscans in Italy may have belonged to a kindred family. Certain affinities between the Basque and Georgian languages, as well as resemblances in popular customs, traditions and legends have been (and still are ) used to highlight their probable affinity.

The Georgian language belongs to the Paleocaucasian Ethnolinguistic Family, the representative people of which are the direct descendents of the oldest population of Caucasus. This Family is divided into three branches:

1) Western Caucasian, or Abkhaz-Adighian - unifies modern Abkhazians, Abazians, Adighians, Cherkezians and Kabardians;

2) Eastern Caucasian, or Chechen-Dagestanian - Chechenians, Ingushs and Dagestanians (Avarians, Lezgians, Darguelians, Laks and etc.);

3) Southern, or Kartvelian- represented by Georgian people, which consist of three main subethnical groups - Karts, Zans or Mengrel-Chans and Svans. Division of the previous Kartvelian language into Georgian, Zanian and Svanian branches begins in the III-II mill. B.C.

The Georgian language is the state language of Georgia. Georgian is the only language in the Ibero-Caucasian family that has its own ancient script. The most ancient writings date back to the 5th century AD, though recent findings suggest earlier existence of the literary language. The Georgian script is a unique writing system, conveying the sound composition of the Georgian speech and forming the written and printed symbols of the national Georgian language.

The development of the Georgian alphabet can be broken into three stages: Asomtavruli (unknown dates), Nuskha-Khutsuri (from the 9th century, still used by the Georgians Orthodox Church), and Mkhedruli (contemporary Georgian script, from the 11th century).

Both the ancient and modern alphabets are extremely simple, precious and economic. Each sound has its corresponding symbol and vice versa. Nowadays, the Georgian alphabet includes 33 symbols (5 vowels and 28 consonants). The shape of the letters is unique but their arrangement suggests influence from Indo-European languages.

Asomtavruli is the oldest Georgian script, believed by some Georgian scholars to be derived from Sumerian alphabet (although their no conclusive proof for this). The script is unique in its shape and symbolism.

The Georgian alphabet showing: First column, the Ecclestical (Khutsuri) script; Second column, the Mkhedruli or modern alphabet; Third column the phonetic values


Language and Nationalism

Language remains one of the key elements in the Georgian identity and a fundamental instrument in forging a nation. Its importance became evident in the late 19th century when the Russian imperial policies endangered its status within the Georgian lands. The rise of the national-liberation movement was in part triggered by the desire to save and revive the Georgian language. Thus, Ilia Chavchavadze, Akaki Tsereteli and other prominent members of this movement sought to safeguard the language and adopted a special motto ‘mamuli, ena, sartsmunoeba’ for their program of national awakening in which the language (ena) became one of the three pillars of the national movement. Language also became a subject of bitter dispute between conservative and progressive elements in Georgian society as the Mtkvardaleulni and Tergdaleulni groups discussed the language reform; the latter called for a language reform, which incensed the conservatives, and employed vernacular language in their publications in order to make them more accessible to the common people. The Society for Advancement of Literacy Among the Georgians played an important role in spreading literacy to the masses and Jacob Gogebashvili’s Dedaena served as an important textbook in this process.

During the Soviet era, the Communist authorities made several attempts to abolish the Georgian language as the state language in Georgia, which led to massive protests and revitalized Georgian nationalist sentiments. Georgian dissidents, especially Zviad Gamsakhurdia and Merab Kostava, campaigned under the slogan “ena, mamuli, sartsmunoeba” (language, fatherland, faith) that placed major emphasis on the Georgian language as a rallying point for the Georgian nationalism. In April 1978, the power of Georgian nationalism was revealed when thousands of Georgians took to the streets to protest the Soviet government’s decision to remove Georgian as the official state language of the republic. Facing escalating demands, the government decided against removing the disputed clause and effectively acknowledged its defeat. Currently, Article 8 of the Constitution declares Georgian as the state language of Georgia and the Georgian and Abkhaz languages on the territory of Abkhazia.

Discussions on the place and importance of the language in Georgian history often led to deviations. In 1920s, the Georgian language was studied by Nikolay Marr and his disciples, who founded the Japhetic theory in linguistics. The theory claimed that Japhetic languages, Georgian among them, had existed across Europe before the advent of the Indo-European languages and could be recognized as a foundation over which the Indo-European languages had imposed themselves. Using this model, Marr attempted to apply the Marxist theory of class struggle to linguistics, arguing that these different strata of language corresponded to different social classes. In 1924, he went even further and proclaimed that all the languages of the world descend from a single proto-language which had consisted of four enigmatic elements sal, ber, yon, rosh.

Another important discussion stems from the 10th century scholar Ioane Zosime’s hymn Kebai da didebai kartulisa enisa (Praise and Glorification of the Georgian Language) that glorifies the Georgian language and its unique mission. Ioane Zosime preached, “Buried is the Georgian language as a martyr until the day of the Messiah’s second coming, so that God may look at every language through this language. And so the language is sleeping to this day. And in the Gospels this language is called Lazarus… And friendship it spoke because every secret is buried in this language and dead for four days. Therefore David the Prophet spoke, saying: ‘A thousand years is like one day.’ And within the Georgian Gospels, in Matthew, sits a part, which is a letter, and it will say to all the four thousand secrets. And such are the four days and the man who was dead for four days, for this [it is] buried with him through the death of its baptism. And this language, beautified and blessed by the name of the Lord, humble and afflicted, awaits the day of the second coming of the Lord…”

This hymn spawned messianic tendencies in Georgia of the 1980s and 1990s. Many Georgian dissidents, especially Zviad Gamsakhurdia, explained the hymn in a strictly messianic context, turning it into a major element of nationalist ideology. It was argued that Ioane Zosime’s reference to the Georgian language as Lazarus and his four-day burial referred to the eclipsing of a Japhetic civilization, of which proto-Georgian culture was part, by Indo-European newcomers and the soon-to-be expected revival of Georgia. Furthermore, Gamsakhurdia and his supporters went so far as to claim that at the Judgement Day, the Georgian language, and nation, will take the position of universal spiritual leader and judge of the mankind. Such sentiments, although on the decline, still remain widespread in Georgia and sustain Georgian beliefs of superiority and unique spiritual mission of their language. In recent years, scholars, nationalists and populist politicians often campaign against the influx of Western, particularly American, pop culture and the perceived decline of the Georgian language through numerous English loan-words. The younger generation is especially susceptible to adopting foreign words in the vernacular language.


First Printed Georgian Books

The Catholic and Georgian missionaries in Rome (Italy) helped introduce printed books to the Georgian rulers by the early 17th century. The newly established Catholic Theatine and Capuchin missions also required manuals of the Georgian language and devotional texts for their operations. So, when, in 1626, King Teimuraz I of Kartli-Kakheti sent Nicephorus Irbach (Irubakidze-Cholokashvili) on a diplomatic mission to Rome, the Georgian envoy was enlisted to help solve these problems. During his stay at the Vatican, Nicephorus collaborated with Catholic scholars to produce an extensive Georgian-Italian vocabulary, as well as a brief collection of prayers in colloquial Georgian.

The dictionary, the first Georgian book to be printed, was printed in 1629 and contained over 3,000 words printed in large, clear type of the Mkhedruli alphabet. In 1670, Maggio’s textbook on Georgian grammar appeared in Rome as well. Other religious texts soon followed and, despite their many inaccuracies in light of the limited knowledge of Georgian in Europe, these publications played an important role in the development of Georgian printed culture. In late 17th century, King Archil emigrated to Russia, where he established a vibrant Georgian community at Vsesviatskoe near Moscow and turned his efforts to establishing printing presses that produced Georgians books.

By the late 17th and early 18th century, the number of Georgian books in print had increased but all of them were produced in Moscow or Rome and difficulties of transportation and distribution prevented their circulation within Georgia. The decision to establish a permanent printing press in Tbilisi belonged to King Vakhtang VI (r. 1704-1723), whose reign proved to be a period of constructive activity in almost every sphere. With the help of the prominent Georgian cleric Anthim the Iberian, archbishop of Wallachia (present-day Romania), King Vakhtang set about installing a printing plant in Tbilisi. Archbishop Anthim was himself a master printer and engraver of the first order and pioneer in Rumanian printing, and he sent one of his ablest disciples, the master printer Mihaî Isvanovicî, known in Georgia as Mikheil Stepaneshvili, to open the first Georgian press in Tbilisi.

Opened in 1709, the press operated for the next 14 years producing mainly religious texts. One of its greatest achievements was the first print version of Shota Rustaveli's Vepkhistkaosani published in 1712. Before its destruction at the hands of the Ottomans in 1723, the press produced the following titles: Four Gospels in Georgian, 1709; Psalms of David, 1709 (2nd edition 1711; 3rd edition, 1712; 4th edition 1716); Book of Liturgies, 1710; Prayer-Book, 1710 (2nd edition 1717) Book of Hours, 1710 (2nd edition 1717; 3rd edition 1722); Germanos the Monk, Manual on How the Teacher Should Instruct His Pupil, 1711; Shota Rustaveli's Vepkhistkaosani, 1712; Missal (translated from the Greek) 1713; Book of Church Ritual, 1719-1720; Paraklitoni (a liturgical book of the Georgian orthodox Church), 1720; The Book of the Knowledge of Creation (a Persian astronomical treatise, translated by King Vakhtang VI and other scholars), 1721; books of the Bible, including the Prophets and the Gospels of Matthew, Mark and Luke, 1709-1722.

Wine holds a central place in every Georgian’s life and in Georgian culture in general. It is widely believed that winemaking began in the Neolithic Period (8500-4000 BC). Although there is no definitive proof for Georgia to the location of the first viticulture, the concentration of archaeological evidence and written references incline many scholars to favor the idea that winemaking started in southern Caucasia, then spread to Mesopotamia, Egypt, Greece and the rest of the world. The modern English word wine itself is etymologically traced to Latin vinum and Greek oinos, which, some scholars argue, were derived from the Georgian gh-vino. Recent archeological excavations produced evidence of viticulture in Georgia dating back as far as 5,000 BCE.

 The importance of wine in Georgian culture is evident in the Christian tradition of St. Nino baptizing Georgia with a cross made from a vine. Thus, the Christian cross of vine and its final product, wine, became inextricably linked in the Georgian psyche and culture. The elements of vine can be seen incorporated in the architecture of many Christian churches and cathedrals throughout Georgia. Over hundreds of years, an intricate culture developed surrounding wine production and consumption. Georgian families usually owned (and some still are) a consecrated place, or marani, beside their main house, where large clay vessels (kvevri) were buried and the wine was matured thanks to the cooling properties of underground streams. When filled with the fermented grape juice, the kvevri were then topped with a wooden lid and covered and sealed with earth. Winemaking is also closely connected with the Georgian tradition of feasts led by tamadas or men respected for their eloquence, expressive toasts and ability to drink deeply. Aided by their assistants (merikipes), the tamadas propose numerous toasts that lead their guests on a journey through the history and tradition of Georgia.

During the Soviet period, the Georgian wineries dominated the Soviet market and their products were exported for sale to other countries. However, following the declaration of independence in 1991 and the subsequent years of conflicts, the wine industry collapsed and production hit rock bottom. The Georgian wine industry was weighed down by outdated machinery and highly competitive export wine markets. Politics also play an important role for the industry since its largest export market remains Russia, which frequently adopted unfriendly policies towards Georgia. The greatest problem, however, is the widespread wine counterfeiting of Georgian wines in the markets of Russia, Commonwealth of Independent States and Europe. According to Georgian Ministry of Agriculture estimates, international markets contain some 17 million bottles of the two top Georgian red wines – Kakheti’s Kindzmarauli and Racha’s Kvanchkara – even though Georgian wineries can produce some 2.5-3 million bottles of the two wines annually. The Russian wine market alone contains some 120 million to 150 million bottles of wine branded as Georgian and as little as 15 to 16 percent of that total is actually produced in Georgia. The reputation of Georgian wines had therefore been significantly undermined. In recent years, American and French companies have made investments in the Georgian wine industry, which showed signs of reviving.

There are about 500 local vine sorts maintained in Georgia today and some 60 sorts of wines are commercially produced. Some of the best Georgian wines are Rkatsiteli, Saperavi, Manavis Mtsvane, Tsolikauri, Tsitska, Khvanchkara, Pino, Khikhva, Krakhuna, Chkhaveri, Ojaleshi etc.

There are five major zones for viticulture:

Kakheti:
Kakheti is a major winemaking region in Georgia, producing about two thirds of all Georgian grapes and wines. Located in southeastern part of the country, Kakheti's lowlands of the Alazani and Iori Rivers and the slopes of the Caucasus, with a mild climate, provide ideal conditions for winemaking. The Kakhetian wines are known for the richness of their palette and vary from high quality dry to naturally semi sweet and sweet wines. Remarkably, Kakheti, a small region by itself, is divided into more than two dozen micro-zones that produce specific wines, i.e. Tsinandali, Kindzmarauli, Napareuli, Kvareli, Mukuzani, Akhasheni, Manavi, etc.

Kartli:
Located in the central part of Georgia, Kartli produces many European style wines, including sparkling wines. The region has a continental climate, with hot and dry summers, The most notable wines produced in Kartli are Goruli mstvane, Budeshuri and Kisi.

Imereti (with Samegrelo):
Located in the western Georgia, Imereti enjoys a moderately humid climate due to the proximity of the Black Sea. The region is known for its traditional methods of winemaking and grape varieties cultivated include Tsolikauri, Tsitska, Krakhuna, Saperavi, Aladasturi, Shavkapito, Dzelshavi, black Pint, Aligote, and Chardonnay. A neighboring region of Samegrelo (Mingrelia) is know for its Ojaleshi grape variety that produces a wine of intensive color and semi-sweet taste.

Racha-Lechkhumi:
Located in the northern part of Georgia, on the slopes of the picturesque Caucasus Mountains, Racha-Lechkhumi is known for its peculiar soil and humid climate. The region boasts one of the oldest viticultures in the world, with traces of winemaking dating back to the end of the 4th millenia B.C.E. The region is famous for its Khvanchkara, Usakhelouri and Tvishi wines.

The Subtropical or Black Sea Coast zone:
The black Sea Coast Zone includes the regions of Ajara (Achara), Guria, Semgrelo and Abkhazia. Located along the Black Sea coast, this region has one of the oldest centers of viticulture. The region can be divided into main subgroups, Ajara-Gurian (main grape varieties Tsolikauri, Chkhaveri, Aladasturi, Aligote) and Samegrelo-Abkhazian (main grape varieties Ojaleshi, Avasirkhva, Kachichi, Tskhenisdzudzu abkhazuri, etc).

Since the 1950s, Georgian vineries have been awarded over 270 medals, including some 140 gold.


Alexander Mikaberidze