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The Provisional Mechanism for the Prevention and Settlement of Disputes - Technical Arrangements between the Ministry of Internal Affairs of Georgia and the Head of the Mission of the European Union Monitoring Mission

  • Country/entity

    Georgia
    Russia
    Abkhazia
  • Region

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

    The Provisional Mechanism for the Prevention and Settlement of Disputes - Technical Arrangements between the Ministry of Internal Affairs of Georgia and the Head of the Mission of the European Union Monitoring Mission
  • Date

    3 Nov 2008
  • Agreement status

    Multiparty signed/agreed
  • Interim arrangement

    Yes
  • Agreement/conflict level

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

    Implementation/renegotiation
  • Conflict nature

    Government/territory
  • Peace process

    Abkhazia peace process
  • Parties

    Minister of Interior of the Government of Georgia Ivane Merabishvili
  • Third parties

    Head of EU Monitoring Mission Ambassador Hansjorg Haber
  • Description

    Agreement outlines dispute and information exchange mechanisms between EU, Georgian and Russian authorities on three levels to adhere to the principles listed. Other clauses emphasise information exchange, the withdrawal of Russian forces, to be exchanged with Georgian police forces - who will be clearly marked, and not have heavy weaponry. The EUMM has the right to inspect at any time.


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→Substantive
    Page 1, Untitled Section 1,
    The mechanism should provide assurances of stability through information and consultation based on the following principles:
    ... Normalisation:
    ... - Return of IDPs
  • 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
    Page 1, Untitled Section 1,
    The mechanism should provide assurances of stability through information and consultation based on the following principles:
    ... Normalisation:
    ... - Engagement of international aid agencies.
  • 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, Untitled Section 1,
    The mechanism should provide assurances of stability through information and consultation based on the following principles:
    ... Normalisation:
    ... - Return of the rule of law;
  • 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

    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
    Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
    Page 1, Untitled Section 1,
    The mechanism should provide assurances of stability through information and consultation based on the following principles:
    ... Normalisation:
    ... - Engagement of international aid agencies.
  • 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, Mechanisms at the Operational level:
    ... The MoIA will inform EUMM of any arrangements made with the Russian side on security matters, including transit and movement of forces and equipment.
  • Ceasefire
    Security sector→Ceasefire→General commitments
    Page 1, Untitled Section 1,
    The mechanism should provide assurances of stability through information and consultation based on the following principles:
    Stabilisation:
    ... - Absence of Georgian armed forces from zones adjacent to Abkhazia and South Ossetia;

    Page 2, Mechanisms at the Operational level:
    ... It is understood that the armed forces of Georgia, which are under the MoD, will not deploy to the areas.

    Page 2, Mechanisms at the Operational level:
    ... The MoIA will inform EUMM in advance of any deployment of armed vehicles (in particular Cobras) in the direction of and into the areas.
  • Police
    Page 1, Untitled Section 1,
    The mechanism should provide assurances of stability through information and consultation based on the following principles:
    Stabilisation:
    ... - Regulation of the presence (if any) of special Georgian police units and prevention of irregular armed groups.

    Page 1, Untitled Section 1,
    The mechanism should provide assurances of stability through information and consultation based on the following principles:
    ... Normalisation:
    - Return of regular Georgian police to the area;

    Page 2, Mechanisms at the Operational level:
    ... The Ministry of Internal Affairs (MoIA) will inform the EUMM of any forces that it plans to deploy in the zones adjacent to Abkhazia and South Ossetia (hereafter referred to as “the areas”), during and following the withdrawal of Russian forces and also on police forces that are already in the areas under Georgian control.

    Page 2, Mechanisms at the Operational level:
    ... More specifically, MoIA will provide a detailed breakdown of the number of forces for the different locations, including the type of weaponry these police forces have available. This information will cover regular police forces as well as special police forces.

    Page 2, Mechanisms at the Operational level:
    ... Transparency and predictability will be provided by the MoIA, including through a clear policy of visibility with respect to the uniforms, vehicles and other equipment used by the various police forces. Regular police, including Criminal Investigation Department as well as Special police, will have clearly distinguishable uniforms in order to avoid misunderstandings. Urgent efforts must be made to improve the identification of uniforms and vehicles when the latter resemble army units’, by providing additional and temporary identification, such as highly visible arm bands or badges and vehicle stripes or stickers. Identification marks will be systematically applied and colors will be mutually agreed.

    Page 2, Mechanisms at the Operational level:
    ... The MoIA commits not to deploy heavy armaments in the areas, not any mortars. The MoIA also commits to strictly control and restrict any deployment of sniper rifles. Sniper rifles will be kept in police offices and may be deployed in the field only in reaction to a direct attack.

    Page 2, Mechanisms at the Operational level:
    ... The MoIA recognizes the EUMM’s right to perform unannounced inspections on these matters and will inform the police forces of this disposition.

    Page 3, Incident Reporting
    EUMM and MoIA agree to set up an incident reporting mechanism. In particular, the MoIA will instruct its police forces to report any incident threatening or involving the use of arms to a central point of contact in the MoIA (POC). This POC will report the incident immediately to
    EUMM Liaison Officer in the MoIA. EUMM Liaison Officer will similarly report on incidents to MoIA POC.
  • Armed forces

    No specific mention.

  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces
    Page 2, Mechanisms at the Operational level:
    ... The MoIA will also provide information to EUMM about any armed irregulars in the areas.
  • Withdrawal of foreign forces
    Page 1, Untitled Section 1,
    The mechanism should provide assurances of stability through information and consultation based on the following principles:
    Stabilisation:
    - Withdrawal of Russian forces;

    Page 2, Mechanisms at the Operational level:
    ... The Ministry of Internal Affairs (MoIA) will inform the EUMM of any forces that it plans to deploy in the zones adjacent to Abkhazia and South Ossetia (hereafter referred to as “the areas”), during and following the withdrawal of Russian forces and also on police forces that are already in the areas under Georgian control.
  • Corruption
    Page 1, Exchange of Information and Dispute Settlement:
    The mechanism will consist of a system of consultations at three levels:
    ... 2. At EUMM Head of Mission, Georgian Ministry of Interior level and equivalent Russian counterpart, a mechanism for dealing with transparency, major incidents and disputes.

    Page 2, Mechanisms at the Operational level:
    Both sides agree that the prevention and resolution of conflicts will depend on high level of transparency, to be provided by all sides, as a condition for confidence building measures. It is understood that EUMM will seek transparency on both sides. In this context, the following is agreed.

    Page 2, Mechanisms at the Operational level:
    ... Transparency and predictability will be provided by the MoIA, including through a clear policy of visibility with respect to the uniforms, vehicles and other equipment used by the various police forces. Regular police, including Criminal Investigation Department as well as Special police, will have clearly distinguishable uniforms in order to avoid misunderstandings. Urgent efforts must be made to improve the identification of uniforms and vehicles when the latter resemble army units’, by providing additional and temporary identification, such as highly visible arm bands or badges and vehicle stripes or stickers. Identification marks will be systematically applied and colors will be mutually agreed.

    Page 3, Final Article
    Both sides endeavor to negotiate with the Russian side mechanisms for transparency (exchange of information) and incident reporting.
  • 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
    Head of EU Monitoring Mission Ambassador Hansjorg Haber
  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    (Archive of the EUMM in Georgia)
Source: www.rrc.ge/law/MorigebebOrive_10_10_2008_E.htm

The Provisional Mechanism for the Prevention and Settlement of Disputes -

TECHNICAL ARRANGEMENTS between the Ministry of Internal Affairs of Georgia and the Head of Mission of the European Union Monitoring Mission

This arrangement establishes a cooperative and consultative mechanism for the prevention and resolution of disputes.

The mechanism should provide assurances of stability through information and consultation based on the following principles:

Stabilisation:

- Withdrawal of Russian forces;

- Absence of Georgian armed forces from zones adjacent to Abkhazia and South Ossetia;

- Regulation of the presence (if any) of special Georgian police units and prevention of irregular armed groups.

Normalisation:

- Return of regular Georgian police to the area;

- Return of the rule of law;

- Return of civilian administration;

- Return of IDPs

- Engagement of international aid agencies.

Exchange of Information and Dispute Settlement:

The mechanism will consist of a system of consultations at three levels:

1. At the operational level, mechanisms for regular consultations (at least on a weekly basis).

This mechanism will include representatives of the so called de facto authorities;

2. At EUMM Head of Mission, Georgian Ministry of Interior level and equivalent Russian counterpart, a mechanism for dealing with transparency, major incidents and disputes.

3. A political level for dispute settlement, possibly at the level of MFA of Georgia, Russia and Secretary General/ High Representative of the EU.

Furthermore, in implementing point 1 above, at the operational level, the establishment is foreseen of two local commissions including the Russian side:

1. Zugdidi/Gali

2. Tskhinvali/Gori

Meetings of these two commissions would be held on at least a weekly basis and in response to needs arising from the situation on the ground.

Mechanisms at the Operational level:

Both sides agree that the prevention and resolution of conflicts will depend on high level of transparency, to be provided by all sides, as a condition for confidence building measures.

It is understood that EUMM will seek transparency on both sides.

In this context, the following is agreed.

The Ministry of Internal Affairs (MoIA) will inform the EUMM of any forces that it plans to deploy in the zones adjacent to Abkhazia and South Ossetia (hereafter referred to as “the areas”), during and following the withdrawal of Russian forces and also on police forces that are already in the areas under Georgian control.

More specifically, MoIA will provide a detailed breakdown of the number of forces for the different locations, including the type of weaponry these police forces have available.

This information will cover regular police forces as well as special police forces.

The MoIA will also provide information to EUMM about any armed irregulars in the areas.

It is understood that the armed forces of Georgia, which are under the MoD, will not deploy to the areas.

Transparency and predictability will be provided by the MoIA, including through a clear policy of visibility with respect to the uniforms, vehicles and other equipment used by the various police forces.

Regular police, including Criminal Investigation Department as well as Special police, will have clearly distinguishable uniforms in order to avoid misunderstandings.

Urgent efforts must be made to improve the identification of uniforms and vehicles when the latter resemble army units’, by providing additional and temporary identification, such as highly visible arm bands or badges and vehicle stripes or stickers.

Identification marks will be systematically applied and colors will be mutually agreed.

The MoIA commits not to deploy heavy armaments in the areas, not any mortars.

The MoIA also commits to strictly control and restrict any deployment of sniper rifles.

Sniper rifles will be kept in police offices and may be deployed in the field only in reaction to a direct attack.

The MoIA recognizes the EUMM’s right to perform unannounced inspections on these matters and will inform the police forces of this disposition.

The MoIA will inform EUMM in advance of any deployment of armed vehicles (in particular Cobras) in the direction of and into the areas.

The MoIA will inform EUMM of any arrangements made with the Russian side on security matters, including transit and movement of forces and equipment.

Incident Reporting

EUMM and MoIA agree to set up an incident reporting mechanism.

In particular, the MoIA will instruct its police forces to report any incident threatening or involving the use of arms to a central point of contact in the MoIA (POC).

This POC will report the incident immediately to

EUMM Liaison Officer in the MoIA.

EUMM Liaison Officer will similarly report on incidents to MoIA POC.

Final Article

Both sides endeavor to negotiate with the Russian side mechanisms for transparency (exchange of information) and incident reporting.

Signed on October 10, 2008 by:

Head of EU Monitoring Mission Ambassador Hansjorg Haber Minister of Interior of the Government of Georgia Ivane Merabishvili