Protocol #36 of Extraordinary Meeting of the Joint Control Commission (JCC) on Georgian-Ossetian Conflict Resolution

  • Country/entity
    Georgia
    Russia
    Ossetia
  • Region
    Europe and Eurasia
    Europe and Eurasia
    Europe and Eurasia
  • Agreement name
    Protocol #36 of Extraordinary Meeting of the Joint Control Commission (JCC) on Georgian-Ossetian Conflict Resolution
  • Date
    14 Aug 2004
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Georgian Separatist Conflicts (1989 - ) )
  • Stage
    Ceasefire/related
  • Conflict nature
    Government/territory
  • Peace process
    South Ossetia peace process
  • Parties
    Taimuraz Elmurzaevich Kusov, State Advisor to the President of RNO-Alania, North-Ossetian Co- Chairman of the JCC
  • Third parties
    -
  • Description
    Ceasefire agreement outlining the opening of the Ergneti-Kekhvi road, withdrawal of troops, withdrawal of illegal police stations and the deployment of legitimate police and JPKF, as well as establishing contact between the commanders on the two sides. Agreement also underscores the protocol of submitting troop movements, etc., to the JCC for approval.


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

    No specific mention.

  • 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)

    No specific mention.

  • State configuration

    No specific mention.

  • Self determination

    No specific mention.

  • 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

    No specific mention.

  • 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

    No specific mention.

  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • 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

    No specific mention.

  • Mobility/access
    Page 1, Resolution:
    ... 2. ... а) To open the Ergneti-Kekhvi section of the Transcaucasus Road with parallel patrolling of the section by JPKF, also the Tskhinvali-Dmenisi and Tskhinvali-Vanati roads, for unimpeded movement of people and goods, including humanitarian aid;
  • 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
    Page 2, Resolution:
    ... 2. ... f) In parallel with implementing paragraph e) of this item, the sides to agree the number of militia/police stations necessary to ensure law and order and to provide for public safety in settlements located in the conflict zone.
  • Ceasefire
    Security sector→Ceasefire→Ceasefire provision
    Page 1, Resolution:
    1. The Georgian and South Ossetian sides to immediately cease fire starting from 00:00 August 14 2004 (a separate Ceasefire Protocol is enclosed);

    Page 1, Resolution:
    ... 2. ... b) ... Upon achieving agreements on this issue, control over their implementation shall be provided by groups of military observers with involvement of OSCE military monitoring officers;

    Page 1, Resolution:
    ... 2. ... c) To position a JPKF post with observers from the three sides on the contact line between the Georgian and South Ossetian armed units in the area of village Sarabuki.

    Page 1, Resolution:
    ... 2. ... d) To restore a RF peacekeeping post on the Eredvi-Vanati road positioned earlier by a decision of the JPKF Joint Command, with military observers from RF and Georgia;

    Page 2, Resolution:
    ... 4. Within seven days, heads of armed forces of the sides in conflict shall submit to JCC for consideration proposals for further steps to de-escalate tension in the conflict zone
  • Police
    Page 2, Resolution:
    ... 2. ... f) In parallel with implementing paragraph e) of this item, the sides to agree the number of militia/police stations necessary to ensure law and order and to provide for public safety in settlements located in the conflict zone.

    Page 2, Resolution:
    ... 5. The issue of the SCC re-starting its activities shall be discussed after the police posts illegally deployed by the sides withdraw from the conflict zone.
  • Armed forces
    Page 2, Resolution:
    3. To take note of the fact that on 15 August 2004 heads of armed forces of the sides in conflict will start negotiating measures for implementing agreements listed in item 2 of this Protocol.

    Page 2, Resolution:
    ... 4. Within seven days, heads of armed forces of the sides in conflict shall submit to JCC for consideration proposals for further steps to de-escalate tension in the conflict zone
  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces

    No specific mention.

  • Withdrawal of foreign forces
    Page 1, Resolution:
    ... 2. ... b) Within three days, to resolve issues of moving posts and withdrawing armed units that the sides deployed without agreement with JCC and the JPKF Joint Command, in the area of Kurta-Eredvi- Sarabuki-Kekhvi;

    Page 1, Resolution:
    ... 2. ... c) ... In parallel with positioning the post, a direct contact shall be established between commanders of these units before their withdrawal;

    Page 1, Resolution:
    ... 2. ... e) No later than in 2 weeks, the sides to start resolution of the issue concerning withdrawal of the armed units deployed without agreement with the JCC and JPKF Joint Command, from the conflict zone;

    Page 2, Resolution:
    ... 5. The issue of the SCC re-starting its activities shall be discussed after the police posts illegally deployed by the sides withdraw from the conflict zone.
  • 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

    No specific mention.

  • Courts

    No specific mention.

  • 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

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar
    Page 1, Resolution:
    ... 2. ... а) To open the Ergneti-Kekhvi section of the Transcaucasus Road with parallel patrolling of the section by JPKF [Joint Peacekeeping Force], also the Tskhinvali-Dmenisi and Tskhinvali-Vanati roads, for unimpeded movement of people and goods, including humanitarian aid;

    Page 1, Resolution:
    ... 2. ... b) ... Resolutions of the JPKF Joint Command about the movement and positioning of new JKPF posts shall be submitted to the JCC for approval.

    Page 1, Resolution:
    ... 2. ... d) To restore a RF peacekeeping post on the Eredvi-Vanati road positioned earlier by a decision of the JPKF Joint Command, with military observers from RF and Georgia;

    Page 2, Resolution:
    ... 6. To take note of the JPKF Command’s proposal for deploying additional and moving the existing JKPF posts.
  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    Archives of Georgian Ministry of Foreign Affairs; http://www.rrc.ge/law/prot_36_2004_13_08_E.htm

Chairman:

Taimuraz Elmurzaevich Kusov, State Advisor to the President of RNO-Alania, North-Ossetian Co- Chairman of the JCC

Agenda:

1. Immediate measures to restore peace in the area of the Georgian-Ossetian conflict.

Resolution:

1. The Georgian and South Ossetian sides to immediately cease fire starting from 00:00 August 14 2004 (a separate Ceasefire Protocol is enclosed);

2. To take note of the below-listed preliminary agreements achieved at a meeting of heads of the sides’ armed forces held in the frames of the JCC meeting:

а) To open the Ergneti-Kekhvi section of the Transcaucasus Road with parallel patrolling of the section by JPKF, also the Tskhinvali-Dmenisi and Tskhinvali-Vanati roads, for unimpeded movement of people and goods, including humanitarian aid;

b) Within three days, to resolve issues of moving posts and withdrawing armed units that the sides deployed without agreement with JCC and the JPKF Joint Command, in the area of Kurta-Eredvi- Sarabuki-Kekhvi;

Resolutions of the JPKF Joint Command about the movement and positioning of new JKPF posts shall be submitted to the JCC for approval.

Upon achieving agreements on this issue, control over their implementation shall be provided by groups of military observers with involvement of OSCE military monitoring officers;

c) To position a JPKF post with observers from the three sides on the contact line between the Georgian and South Ossetian armed units in the area of village Sarabuki.

In parallel with positioning the post, a direct contact shall be established between commanders of these units before their withdrawal;

d) To restore a RF peacekeeping post on the Eredvi-Vanati road positioned earlier by a decision of the JPKF Joint Command, with military observers from RF and Georgia;

e) No later than in 2 weeks, the sides to start resolution of the issue concerning withdrawal of the armed units deployed without agreement with the JCC and JPKF Joint Command, from the conflict zone;

f) In parallel with implementing paragraph e) of this item, the sides to agree the number of militia/police stations necessary to ensure law and order and to provide for public safety in settlements located in the conflict zone.

3. To take note of the fact that on 15 August 2004 heads of armed forces of the sides in conflict will start negotiating measures for implementing agreements listed in item 2 of this Protocol.

4. Within seven days, heads of armed forces of the sides in conflict shall submit to JCC for consideration proposals for further steps to de-escalate tension in the conflict zone

5. The issue of the SCC re-starting its activities shall be discussed after the police posts illegally deployed by the sides withdraw from the conflict zone.

6. To take note of the JPKF Command’s proposal for deploying additional and moving the existing JKPF posts.

The sides note information of the North-Ossetian side of the JCC about the Georgian leadership’s call to President of RNO-Alania A.S. Dzasokhov to provide assistance in arranging a meeting of the RSO President E.Kokoity and Georgian Prime Minister Z. Zhvania.

The JCC calls the Russian and North Ossetian sides participating in the resolution of the Georgian- Ossetian conflict to assist in preparing and holding the above-mentioned meeting in the nearest terms.

T. Kusov Meeting Chairman, North Ossetian Co-Chairman of the JCC (Archive of the OSCE Mission to Georgia)