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

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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.

Agreement document
GE_960516_Memorandum on Measures of Providing Safety and Strengthening of Mutual Confidence.pdf | Download PDF
Agreement document (original language)
GE_RU_960516_Memorandum on Measures_RU.pdf | Download PDF

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