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.

• Agreement document

  GE_081010_The Provisional Mechanism for the Prevention and Settlement of Disputes.pdf | Download PDF

Groups

Gender

State definition

Governance

Power sharing

Human rights and equality

Rights related issues

Rights institutions

Justice sector reform

Socio-economic reconstruction

Land, property and environment

Security sector

Transitional justice

Implementation

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