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Memorandum on Measures of Providing Safety and Strengthening of Mutual Confidence between the Sides in the Georgian-Ossetian Conflict

  • Country/entity

    Georgia
    Russia
    Ossetia
  • Region

    Europe and Eurasia
    Europe and Eurasia
    Europe and Eurasia
  • Agreement name

    Memorandum on Measures of Providing Safety and Strengthening of Mutual Confidence between the Sides in the Georgian-Ossetian Conflict
  • Date

    16 May 1996
  • Agreement status

    Multiparty signed/agreed
  • Interim arrangement

    Yes
  • Agreement/conflict level

    Intrastate/intrastate conflict ( Georgian Separatist Conflicts (1989 - ) )
  • Stage

    Pre-negotiation/process
  • Conflict nature

    Government/territory
  • Peace process

    South Ossetia peace process
  • Parties

    the Georgian side :
    the South Ossetian side:
    The Republic of North Ossetia-Alania (the Russian Federation)
    The Russian Federation:
  • Third parties

    Through the meditation of: OSCE
  • Description

    Short agreement outlining provisions for the de-militarization of the conflict zone, a re-commitment to the peace effort, an amnesty for those who did not commit military crimes or crimes against civilians during fighting, a tentative mention of peacekeeping forces, and the limiting of check points, as well as the involvement of civil forces.


Groups

  • Children/youth

    No specific mention.

  • Disabled persons

    No specific mention.

  • Elderly/age

    No specific mention.

  • Migrant workers

    No specific mention.

  • Racial/ethnic/national group

    No specific mention.

  • Religious groups

    No specific mention.

  • Indigenous people

    No specific mention.

  • Other groups

    No specific mention.

  • Refugees/displaced persons
    Groups→Refugees/displaced persons→Rhetorical
    Page 1, Agreed on the following:
    ... 3. The sides will carry out real measures to provide worthy settlement of the issue of refugees an internally displaced person, who suffered in the Georgian-Ossetian conflict.
  • Social class

    No specific mention.


Gender

  • Women, girls and gender

    No specific mention.

  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family

    No specific mention.


State definition

  • Nature of state (general)
    Page 1, guiding by the principle of territorial integrity of states and right of people for self-determination;
  • State configuration

    No specific mention.

  • Self determination
    Page 1, guiding by the principle of territorial integrity of states and right of people for self-determination;
  • Referendum

    No specific mention.

  • State symbols

    No specific mention.

  • Independence/secession

    No specific mention.

  • Accession/unification

    No specific mention.

  • Border delimitation

    No specific mention.

  • Cross-border provision

    No specific mention.


Governance

  • Political institutions (new or reformed)

    No specific mention.

  • Elections

    No specific mention.

  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society
    Page 2, 8. The sides express readiness jointly and with assistance of International organizations including NGOs to hold meetings of representatives of the Georgian and Ossetian political and social organizations, scientists with participation of the representatives of the Russian Federation and other countries, “round tables” of the representatives of creative intelligence, also to organize meetings of journalists so as to exchange objective information. The side will take measures for safe movement and staying of the representatives of Mass Media.
  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution

    No specific mention.


Power sharing

  • Political power sharing

    No specific mention.

  • Territorial power sharing

    No specific mention.

  • Economic power sharing

    No specific mention.

  • Military power sharing

    No specific mention.


Human rights and equality

  • Human rights/RoL general
    Page 1, confirming the adeptness to the regulations of the UNO Charter, basic principles and decisions of OSCE, to internationally recognized norms of international law;

    Page 1, Agreed on the following:
    ... 2. The sides will take all the necessary measures on preventing and suppressing any unlawful activities, infringing the rights of people on their nationality belonging;
  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation
    Page 1, confirming the adeptness to the regulations of the UNO Charter, basic principles and decisions of OSCE, to internationally recognized norms of international law;
  • Civil and political rights

    No specific mention.

  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship

    No specific mention.

  • Democracy

    No specific mention.

  • Detention procedures

    No specific mention.

  • Media and communication
    Rights related issues→Media and communication→Media roles
    Page 2, 8. The sides express readiness jointly and with assistance of International organizations including NGOs to hold meetings of representatives of the Georgian and Ossetian political and social organizations, scientists with participation of the representatives of the Russian Federation and other countries, “round tables” of the representatives of creative intelligence, also to organize meetings of journalists so as to exchange objective information. The side will take measures for safe movement and staying of the representatives of Mass Media.
  • Mobility/access

    No specific mention.

  • Protection measures

    No specific mention.

  • Other

    No specific mention.


Rights institutions

  • NHRI

    No specific mention.

  • Regional or international human rights institutions

    No specific mention.


Justice sector reform

  • Criminal justice and emergency law

    No specific mention.

  • State of emergency provisions

    No specific mention.

  • Judiciary and courts

    No specific mention.

  • Prisons and detention

    No specific mention.

  • Traditional Laws

    No specific mention.


Socio-economic reconstruction

  • Development or socio-economic reconstruction

    No specific mention.

  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds

    No specific mention.

  • Business

    No specific mention.

  • Taxation

    No specific mention.

  • Banks

    No specific mention.


Land, property and environment

  • Land reform/rights

    No specific mention.

  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage

    No specific mention.

  • Environment

    No specific mention.

  • Water or riparian rights or access

    No specific mention.


Security sector

  • Security Guarantees

    No specific mention.

  • Ceasefire
    Security sector→Ceasefire→General commitments
    Page 1, Agreed on the following:
    1. The sides in the conflict refuse from using or the threat of using force, from putting political, economic and other forms of pressure to each other.

    Page 2, 6. On the way of full scale settlement of the Georgian-Ossetian conflict the zone will be de-militarized step-by-step on the basis of special agreements. Peacekeeping forces may present in the demilitarized zone.

    Page 2, 7. The sides think it expedient to elaborate in frames of the Joint Control Commission a plan of stage-by-stage cutting down of the number of checkpoints of the Peacekeeping forces, lessening their concentration in places of permanent dislocation, organizing their service with consideration of providing the safety of people.
  • Police
    Page 2, 4. The sides agree that those who took part in the armed conflict but who didn’t commit military crimes and also crimes against civil people are not subjected to criminal pursuit. In the near future the sides will create necessary conditions for the work of law-enforcement bodies on the investigation of the mentioned crimes and call to account guilty persons.

    Page 2, 5. The sides successfully stress the positive character of practicing regular meetings of the representatives of law-enforcement bodies and will comprehensively assist to their work on recovery of criminal situation in the conflict zone.
  • Armed forces
    Page 1, successfully stating that on the basis of the Agreement on the principles of settlement of the Georgian-Ossetian conflict and engaging Joint Peacekeeping forces in July 1992 military activities in the conflict zone were ceased;
  • DDR
    Security sector→DDR→Demilitarisation provisions
    Page 2, 6. On the way of full scale settlement of the Georgian-Ossetian conflict the zone will be de-militarized step-by-step on the basis of special agreements. Peacekeeping forces may present in the demilitarized zone.
  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces

    No specific mention.

  • Withdrawal of foreign forces

    No specific mention.

  • Corruption

    No specific mention.

  • Crime/organised crime

    No specific mention.

  • Drugs

    No specific mention.

  • Terrorism

    No specific mention.


Transitional justice

  • Transitional justice general

    No specific mention.

  • Amnesty/pardon
    Transitional justice→Amnesty/pardon→Amnesty/pardon proper
    Page 2, 4. The sides agree that those who took part in the armed conflict but who didn’t commit military crimes and also crimes against civil people are not subjected to criminal pursuit. In the near future the sides will create necessary conditions for the work of law-enforcement bodies on the investigation of the mentioned crimes and call to account guilty persons.
  • Courts
    Transitional justice→Courts→National courts
    Page 2, 4. The sides agree that those who took part in the armed conflict but who didn’t commit military crimes and also crimes against civil people are not subjected to criminal pursuit. In the near future the sides will create necessary conditions for the work of law-enforcement bodies on the investigation of the mentioned crimes and call to account guilty persons.
  • Mechanism

    No specific mention.

  • Prisoner release

    No specific mention.

  • Vetting

    No specific mention.

  • Victims

    No specific mention.

  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation

    No specific mention.


Implementation

  • UN signatory

    No specific mention.

  • Other international signatory
    Through the meditation of: CSCE
  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    UN Peacemaker; http://peacemaker.un.org/sites/peacemaker.un.org/files/GE_960516_Memorandum%20on%20Measures%20of%20Providing%20Safety%20and%20Strengthening%20of%20Mutual%20Confidence.pdf

Memorandum on measures to ensure the security and the strengthening of mutual trust between the sides in the Georgian-Ossetian conflict

Representatives of the Georgian and South Ossetian sides under the mediation of the Russian Federation representatives and with the participation of the Republic of North Ossetia-Alania and the Organization for Security and Cooperation in Europe (OSCE) held talks on further progress towards a comprehensive political settlement of the Georgian-Ossetian conflict and,

wanting to eliminate the consequences of the conflict and restore the relationship between peace and mutual respect;

Convinced of the need to put an end to the heavy legacy of the past few years and take the path leading to peace, trust and harmony;

Reaffirming their commitment to the UN Charter and fundamental principles and decisions of the OSCE, the universally recognized norms of international law;

Guided by the principle of territorial integrity of states and the right of peoples to self-determination;

We note with satisfaction that on the basis of the Agreement on Principles of Settlement of the Georgian-Ossetian conflict zone and entering the Joint Peacekeeping Forces in July 1992 halted hostilities in the conflict zone;

expressing readiness to follow the path of resolving the conflict in a spirit of mutual respect exclusively by political means;

believing it necessary to implement steps that would lead to a comprehensive settlement of the conflict,

have agreed as follows:

1. The Parties to the conflict to renounce the use or threat of use of force, by exerting political, economic and other forms of pressure on each other.

2. The Parties shall take all necessary measures to prevent and suppress any illegal actions, infringement of the rights of persons based on ethnicity.

3. The Parties shall carry out concrete measures to ensure a decent solution to the problem of refugees and displaced persons, victims of the Georgian-Ossetian conflict.

4. The Parties agree that a person who participated in the armed conflict, but did not commit war crimes, and crimes against the civilian population shall not be subject to criminal prosecution.

Parties shall establish as soon as the necessary conditions milking operation of law enforcement agencies to investigate these crimes, to prosecute the perpetrators.

5. The parties noted with satisfaction the positive nature of the practice of regular meetings between representatives of law enforcement agencies and will provide comprehensive assistance to their efforts to improve the crime situation in the conflict zone.

6. As we move towards a comprehensive settlement of the Georgian-Ossetian zone of conflict on the basis of special arrangements will be gradually demilitarized.

peacekeeping forces may be in the demilitarized zone.

7. The parties consider it desirable to develop within the framework of the Joint Control Commission plan for the phased reduction of outposts and checkpoints of the Joint Peacekeeping Forces, concentrating in places of permanent deployment, the organization of their services, taking into account public safety.

8. The Parties express their readiness to jointly and in cooperation with international, including non-governmental organizations to hold a meeting of representatives of the Georgian and Ossetian political, non-governmental organizations, scientists and representatives of the Russian Federation and other countries, "round tables" of representatives of the creative intelligentsia, as well as a meeting of journalists to share objective information.

The Parties shall take measures for the safe movement and stay of members of the media.

9. The two sides will continue negotiations to reach a comprehensive political settlement.

10. The sides noted with satisfaction the readiness of the Russian Federation to be a guarantor of the Republic of North Ossetia-Alania, to participate in the implementation of the agreements reached in the present Memorandum and the OSCE to act as a facilitator to this.

11. This Memorandum shall enter into force upon signature.

For the Georgian side Menagarishvili.

For the South Ossetian side B. Gabaraev.

For the Republic of North Ossetia-Alania (Russian Federation) A. Galazov.

brokered:

For the Russian side Primakov.

For OSCE D. Boden.

May 16, 1996