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)