Protocol of the Seventh Session of the Coordinating Council of the Georgian and Abkhaz Sides

Export agreement:

Export agreement coding (PDF)

Country/entity: Georgia
Russia
Abkhazia
Region: Europe and Eurasia
Agreement name: Protocol of the Seventh Session of the Coordinating Council of the Georgian and Abkhaz Sides
Date: 11 Feb 1999
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Georgian Separatist Conflicts (1989 - )
The Abkhazia-Georgia Conflict (1992 - )
Much like other conflicts that sprung up in the wake of the collapse of the Soviet Union, the Abkhazia conflict emerged as an ethnic conflict following heighten nationalist awareness among Abkhaz and other minorities residing in the region. In 1978, protests against the Georgianization of Abkhazia emerged from Abkhaz intellectuals. Towards the end of the 1980s, both Georgian and Abkhaz nationalists demanded independence from the Soviet Union. Tensions began following clashes at Sukhumi University between pro-Unity protestors and Abkhaz nationalists in April-July 1989. However, the conflict remained a legal conflict up until August 1992 following the 1991 elections, wherein Abkhazians felt they were under-represented. War broke out between Abkhaz separatists, supported by Russian forces and hired fighters from the North Caucus. Within Abkhazia, Abkhaz separatists were generally supported by ethnically Armenian and Russian residents. Within Georgia the conflict was exacerbated following conflict in South Ossetia from 1989 onwards in addition to political strife between the supporters of the ousted president, Zviad Gamsakurdia, and the post-coup government led by Eduard Shevardnadze.

Significant human rights abuses occurred, particularly after the capture of Sukhumi in September 1993, after which Georgian residents, which consisted of 45 per cent of the population in 1989, were faced with mass expulsion and ethnic cleansing. Russian Peacekeepers acting under the umbrella of the Commonwealth of Independent States (CIS), were deployed on the Abkhazia-Georgia line following a ceasefire in 1994. Atrocities towards ethnic Georgian’s continued with over 1,500 deaths post-conflict. In 1998 fighting re-erupted following a flare up of fighting in South Ossetia. Again it was resolved with a ceasefire agreement. However, as of 2016 the conflict remains unresolved.

The Russio-Georgian War (South Ossetia) (1989 - )
Following heightened nationalist awareness among Ossetians and policies undertaken at the expense of ethnic minorities by the Georgian government led by President Gamsakurdia, calls for Ossetian Independence increased. After clashes broke out in Tskhinvali during a pro-Georgia protest, the conflict began to militarize. When President Gamsakurdia maintained his position after elections in 1990, which were boycotted by South Ossetia, Ossetians organised elections for their own parliament. The central Georgian government reacted by abolishing the autonomous status previously held by South Ossetia. The formation of ethnic militias and increased attacks on civilians escalated on both sides and in December 1990 a state of emergency and an economic blockade were declared. Fighting was haphazard as fighters on both sides were poorly equipped and disciplined. The Georgian National Guard was primarily formed of volunteers due to a lack of resources and as a result fighters often acted out of self-interest. Assaults on Tskhinvali by Georgian forces were repulsed on several occasions, and Georgian forces were also noted to expel Ossetian residents and destroy villages out of revenge and as a means to re-claim territory.

The Sochi agreement (1992) established a ceasefire and security corridor, as well as divided the territory between Georgian and Ossetian administration. Relations deteriorated drastically in April 2008, and following shelling of Georgian villages on August 1, the Georgian military responded in force retaking most of Tskhinvali by August 7. Russian forces intervened on behalf of Ossetian separatists and after retaking Tskihvali, opened another front in the Kordori Gorge. A ceasefire was brokered on August 12, and the Kremlin declared its recognition of the territories of South Ossetia and Abkhazia on August 26. Russian forces have since strengthened their military presence in those regions in violation of the ceasefire.
Stage: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Abkhazia peace process
Parties: The Georgian Side was represented by a delegation under the leadership of Mr. Vazha Lordkipanidze.
The Abkhaz Side was represented by a delegation under the leadership of Mr.Sergey Bagapsh.
Third parties: under the auspices of the UN and under the chairmanship of Mr. Liviu Botta - the Special Representative of the UN Secretary General and with participation of representatives of the Russian Federation as facilitator, the Organization for Security and Cooperation in Europe (OSCE), member States of the Group of Friends of the UN Secretary General on Georgia Germany, the Russian Federation, the United Kingdom, the United States of America and France in their capacity as observers.
Mr. Taric Gazi –Chief UNOMIG Military observer, General-Major Sergey Korobko-Commander of the CIS Peacekeeping forces, Mr. Ekber Memenjiogly – representative of the UNHCR in Georgia, and Mr. Marco Borsotti – UNDP representative in Georgia took part in the discussions as well.
Description: The Council agrees to five actions points; (1) to organise a meeting between antagonists and peacekeeping forces to institute a mechanism of investigating violations; (2) for the antagonists to work out concrete steps at securing non-resumption of hostilities; (3) for law-enforcement bodies to analyse what may lead to a resumption of hostilities; (4) for the continuation of facilitating return of refugees and; (5) to hear during the next meeting the co-chairs of the commission for the search for missing servicemen of the Abkhaz conflict.

Agreement document: GE_990211_PROTOCOL OF THE SEVENTH SESSION OF THE COORDINATING COUNCIL OF THE GEORGIAN ABKHAZ SIDES.pdf (opens in new tab) | 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 2, The Coordinating Council decided:
... 4. To continue bilateral negotiations on creation of mechanisms for return of refugees and internally displaced persons to the Gali region (within old administrative borders).
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: 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→Ceasefire provision
Page 2, The Coordinating Council decided:
1. Within the framework of two weeks to convene, under the chairmanship of the Chief UNOMIG Military Observer, a meeting between the Parties to the conflict, UNOMIG, CIS Peace Keeping Forces, in order to elaborate instruments for functioning of the Group on investigation and prevention of terrorist acts and other manifestations of violations of provisions of the Moscow Agreement of 14 May 1994.

Page 2, The Coordinating Council decided:
... 2. The Sides, together with representatives of UNOMIG and CIS Peace-keeping forces, shall work out and implement, until the end of February 1999, concrete steps aimed at securing nonresumption of hostilities any elimination of any threat of clashes, and separation of forces along the cease-fire line.

Page 2, The Coordinating Council decided:
... 3. The representatives of law-enforcement bodies will analyze the available to them information on subversive actions that may lead to resumption of hostilities.
Police: Page 2, The Coordinating Council decided:
... 3. The representatives of law-enforcement bodies will analyze the available to them information on subversive actions that may lead to resumption of hostilities.
Armed forces: No specific mention.
DDR: No specific mention.
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: Page 2, The Coordinating Council decided:
1. Within the framework of two weeks to convene, under the chairmanship of the Chief UNOMIG Military Observer, a meeting between the Parties to the conflict, UNOMIG, CIS Peace Keeping Forces, in order to elaborate instruments for functioning of the Group on investigation and prevention of terrorist acts and other manifestations of violations of provisions of the Moscow Agreement of 14 May 1994.

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: Page 2, The Coordinating Council decided:
... 5. During the next Session of the Coordination Council, to hear information of Georgian and Abkhaz co-chairs of the Commission on Search for Missing Servicemen of the Abkhaz conflict in 1992-93.
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: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: (Abkhaz Issue in Official Documents, Legislative and Executive organs of Georgia, International Organizations, 1989-1999, part II, 1995-1999; authors: Vakhtang Kholbaia, Teimuraz Chakhrakia, Rafiel Gelantia, David Latsuzbaia, Tb., 2000, p. 279-280/in Georgan)
Online Source: http://www.rrc.ge/law/oqm_1999_02_11_e.htm

PROTOCOL OF THE SEVENTH SESSION OF THE COORDINATING COUNCIL OF THE GEORGIAN ABKHAZ SIDES

Tbilisi, 11 February 1999

The seventh session of the Coordination Council created pursuant to Final Statement of the Georgian and Abkhazian Sides (on 17-19 November 1997), took place on February 11, 1999 in Tbilisi under the auspices of the UN and under the chairmanship of Mr. Liviu Botta - the Special Representative of the UN Secretary General and with participation of representatives of the Russian Federation as facilitator, the Organization for Security and Cooperation in Europe (OSCE), member States of the Group of Friends of the UN Secretary General on Georgia Germany, the Russian Federation, the United Kingdom, the United States of America and France in their capacity as observers.

The Georgian Side was represented by a delegation under the leadership of Mr. Vazha Lordkipanidze.

The Abkhaz Side was represented by a delegation under the leadership of Mr.Sergey Bagapsh.

Opening the session, the Special Representative of the UN Secretary General pointed out that that bilateral contacts, that took place between the Georgian and Abkhazian Sides in the aftermath of the previous session of the Council, contributed to the cause of prevention of resumption of hostilities and represent the most effective tools in terms of achieving political progress in the negotiation process.

According to him, although agreements on principal issues like not resorting to military force, return of refugees and economic problems have not been reached, the existing difference on these issues are not insurmountable.

The Special Representative called upon the Sides to resume the dialogue on all levels.

Evaluating the situation in the conflict zone as tense and unstable, Mr. Liviu Botta pointed out certain positive developments taking place after the previous session of the Coordination Council in terms of removing the tension in the village of Khurcha and welcomed a responsible stance assumed by the Sides on this particular issue.

Referring to the issue of return of refugees, the Special Representative of the UN Secretary General confirmed the right of refugees and internally displaced persons to return to their places of permanent residence.

Welcoming these recent initiatives relating to return of refugees and internally displaced persons to the Gali region within old administrative borders, he pointed out that in order to make sure that such initiatives are of practical importance, the return of refugees should be carried out in the conditions of security and with full respect for the relevant principles of the international law.

The International community will render all the necessary assistance, provided the Sides reach an agreement on return of refugees and internally displaced persons.

The adopted agenda included the following issues:

1. Issues of sustainable non resumption of hostilities and security-related issues;

2. Refugees and internally displaced persons;

3. Economic and social problems.

Representatives of the Sides made statements.

Mr. Taric Gazi –Chief UNOMIG Military observer, General-Major Sergey Korobko-Commander of the CIS Peacekeeping forces, Mr. Ekber Memenjiogly – representative of the UNHCR in Georgia, and Mr. Marco Borsotti – UNDP representative in Georgia took part in the discussions as well.

The Coordinating Council decided:

1. Within the framework of two weeks to convene, under the chairmanship of the Chief UNOMIG Military Observer, a meeting between the Parties to the conflict, UNOMIG, CIS Peace Keeping Forces, in order to elaborate instruments for functioning of the Group on investigation and prevention of terrorist acts and other manifestations of violations of provisions of the Moscow Agreement of 14 May 1994.

2. The Sides, together with representatives of UNOMIG and CIS Peace-keeping forces, shall work out and implement, until the end of February 1999, concrete steps aimed at securing nonresumption of hostilities any elimination of any threat of clashes, and separation of forces along the cease-fire line.

3. The representatives of law-enforcement bodies will analyze the available to them information on subversive actions that may lead to resumption of hostilities.

4. To continue bilateral negotiations on creation of mechanisms for return of refugees and internally displaced persons to the Gali region (within old administrative borders).

5. During the next Session of the Coordination Council, to hear information of Georgian and Abkhaz co-chairs of the Commission on Search for Missing Servicemen of the Abkhaz conflict in 1992-93.