Decision of 28 April 1998 on additional measures for the settlement of the conflict in Abkhazia, Georgia, The Council of Heads of State of the Commonwealth of Independent State
Export agreement coding (PDF)Country/entity
Georgia
AbkhaziaRegion
Europe and Eurasia
Europe and EurasiaAgreement name
Decision of 28 April 1998 on additional measures for the settlement of the conflict in Abkhazia, Georgia, The Council of Heads of State of the Commonwealth of Independent StateDate
28 Apr 1998Agreement status
Multiparty signed/agreedInterim arrangement
YesAgreement/conflict level
Intrastate/intrastate conflict ( )Stage
Framework/substantive - partialConflict nature
Government/territoryPeace process
Abkhazia peace processParties
CIS states:
For the Republic of Armenia - R. KOCHARYAN
For the Republic of Moldova [unsigned]
For the Azerbaijani Republic - G. ALIYEV
For the Russian Federation - B. YELTSIN
For the Republic of Belarus [unsigned]
For the Republic of Tajikistan [unsigned]
For Georgia - E. SHEVARDNADZE
For Turkmenistan [unsigned]
For the Republic of Kazakhstan - N . NAZARBAEV
For Ukraine - [unsigned]
For the Kyrgyz Republic - A. AKAEV
For the Republic of Uzbekistan - I. KARIMOVThird parties
-Description
Decided to extend stay of Collective Peacekeeping Forces (CPF). Agreed to draw up plan to re-deploy CPF and called on members of CPF to take more active part in peacekeeping. Expressed concern that decision of 28 March 1997 (expansion of peacekeeping forces) remained unimplemented and agreed any further delay in process of return of refugees/displaced persons was inadmissible. Parties also agreed to seek cooperation of international community in resolving socio-economic and humanitarian problems.
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 personsGroups→Refugees/displaced persons→SubstantivePage 2, Has decided:
... 2. To regard as inadmissible any further delay in the process of the organized return of refugees and displaced persons throughout the territory of Abkhazia and ta demand urgently that the organized return of refugees and displaced persons should begin and that their return to the Gali district (within the old borders) should be completed by the end of 1998 on the basis of the mechanisms worked aut by representatives of the parties, the Russian Federation and the Office of the United Nations High Cornrnissioner far Refugees, Only in irnrnediate, direct coordination with the process of the steady, organized return of refugees and displaced persons, above all ta the Gali district (within the old borders), should action be taken far the economic recovery of the region and the normalization of the border and customs regimes, To recornrnend urgently that the parties ta the conflict should consider and resolve the question of the establishment, at the stage of the return of refugees and the full normalization of life in the Gali district (within the old borders), ofa temporary transitional administration, which would work with the direct participation of the intermediaries, the United Nations and OSCE;
Page 2, Has decided:
... 3. That the CPF cornrnand, in coordination with the parties, should ensure the implementation of the measures envisaged in the decision of the Council of Heads of State of the Cornrnonwealth of 28 March 1997. Within one month, on the basis of a mechanism worked aut by the parties to the conflict, a plan should be drawn up ta redeploy CPF, including a plan ta bring the Unified Headquarters of CPF closer ta areas in which CPF units are deployed, and other measures associated with the organized return of refugees and displaced persons, especially to the Gali district (within the old borders).
The CPF cornrnand should devote increased attention ta ensuring, in accordance with the CPF mandate, the safe operation of vitally important structures in the
security zone, in particular, the Inguri hydroelectric power station, bridges, the water supply system, and sa on;
Page 2-3, Has decided:
... 4. ... In the event of opposition ta the return of refugees and the emergence of a threat ta peace and security in the region, ta consider the question of introducing appropriate changes in the nature and content of the peacekeeping operation on the basis of the appropriate provisions of the Charter of the United Nations applicable in such cases; - 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 delimitationPage 2, Has decided:
... 2. To regard as inadmissible any further delay in the process of the organized return of refugees and displaced persons throughout the territory of Abkhazia and ta demand urgently that the organized return of refugees and displaced persons should begin and that their return to the Gali district (within the old borders) should be completed by the end of 1998 on the basis of the mechanisms worked aut by representatives of the parties, the Russian Federation and the Office of the United Nations High Cornrnissioner far Refugees, Only in irnrnediate, direct coordination with the process of the steady, organized return of refugees and displaced persons, above all ta the Gali district (within the old borders), should action be taken far the economic recovery of the region and the normalization of the border and customs regimes, To recornrnend urgently that the parties ta the conflict should consider and resolve the question of the establishment, at the stage of the return of refugees and the full normalization of life in the Gali district (within the old borders), ofa temporary transitional administration, which would work with the direct participation of the intermediaries, the United Nations and OSCE; - 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 incorporationPage 2-3, Has decided:
... 4. ... In the event of opposition to the return of refugees and the emergence of a threat to peace and security in the region, to consider the question of introducing appropriate changes in the nature and content of the peacekeeping operation on the basis of the appropriate provisions of the Charter of the United Nations applicable in such cases; - 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 reconstructionSocio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic developmentPage 2, Has decided:
... 2. To regard as inadmissible any further delay in the process of the organized return of refugees and displaced persons throughout the territory of Abkhazia and ta demand urgently that the organized return of refugees and displaced persons should begin and that their return to the Gali district (within the old borders) should be completed by the end of 1998 on the basis of the mechanisms worked aut by representatives of the parties, the Russian Federation and the Office of the United Nations High Cornrnissioner far Refugees, Only in irnrnediate, direct coordination with the process of the steady, organized return of refugees and displaced persons, above all ta the Gali district (within the old borders), should action be taken far the economic recovery of the region and the normalization of the border and customs regimes, To recornrnend urgently that the parties ta the conflict should consider and resolve the question of the establishment, at the stage of the return of refugees and the full normalization of life in the Gali district (within the old borders), ofa temporary transitional administration, which would work with the direct participation of the intermediaries, the United Nations and OSCE;Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstructionPage 2, Has decided:
... 3 ... The CPF cornrnand should devote increased attention ta ensuring, in accordance with the CPF mandate, the safe operation of vitally important structures in the security zone, in particular, the Inguri hydroelectric power station, bridges, the water supply system, and sa on;
Page 3, Has decided:
... 6. To seek the cooperation of the international community and international organizations in resolving the socio-economic and humanitarian problems of the population caused by the conflict; - National economic plan
No specific mention.
- Natural resources
No specific mention.
- International fundsPage 3, Has decided:
... 6. To seek the cooperation of the international community and international organizations in resolving the socio-economic and humanitarian problems of the population caused by the conflict; - Business
No specific mention.
- TaxationSocio-economic reconstruction→Taxation→Reform of taxationPage 2, Has decided:
... 2. To regard as inadmissible any further delay in the process of the organized return of refugees and displaced persons throughout the territory of Abkhazia and ta demand urgently that the organized return of refugees and displaced persons should begin and that their return to the Gali district (within the old borders) should be completed by the end of 1998 on the basis of the mechanisms worked aut by representatives of the parties, the Russian Federation and the Office of the United Nations High Cornrnissioner far Refugees, Only in irnrnediate, direct coordination with the process of the steady, organized return of refugees and displaced persons, above all ta the Gali district (within the old borders), should action be taken far the economic recovery of the region and the normalization of the border and customs regimes, To recornrnend urgently that the parties ta the conflict should consider and resolve the question of the establishment, at the stage of the return of refugees and the full normalization of life in the Gali district (within the old borders), ofa temporary transitional administration, which would work with the direct participation of the intermediaries, the United Nations and OSCE; - 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 GuaranteesPage 2, Has decided:
... 4. To express grave concern that the provisions of the decision of the Council of Heads of State of the Cornrnonwealth of 28 March 1997 concerning the expansion of the security zone have remained unimplemented.
To call on the Abkhaz party ta revert to this question, ta consider it and to resolve it favourably.
Page 2, Has decided:
... 4. ... In the event of opposition ta the return of refugees and the emergence of a threat ta peace and security in the region, ta consider the question of introducing appropriate changes in the nature and content of the peacekeeping - Ceasefire
No specific mention.
- Police
No specific mention.
- Armed forcesPage 3, Has decided:
... 8. To instruct the Executive Secretariat of the Commonwealth of Independent States, with the participation of the headquarters far the coordination of
military cooperation by the States members of the Commonwealth, to report on a systematic basis to the Heads of State of the Commonwealth of Independent States on the implementation of the decisions of the Council of Heads of State of the Commonwealth relating to the settlement of the conflict in Abkhazia, Georgia; - 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.
- CorruptionPage 1, [untitled preamble],
... Noting with concern the escalation of acts of sabotage and terrorism, the kidnapping of personnel of the Collective Peacekeeping Forces (CPF) and of the United Nations Observer Mission in Georgia, and other acts of violence in the conflict zone, the victims of which are the civilian population, refugees and displaced persons, - Crime/organised crime
No specific mention.
- Drugs
No specific mention.
- TerrorismPage 1, [untitled preamble],
... Noting with concern the escalation of acts of sabotage and terrorism, the kidnapping of personnel of the Collective Peacekeeping Forces (CPF) and of the United Nations Observer Mission in Georgia, and other acts of violence in the conflict zone, the victims of which are the civilian population, refugees and displaced persons,
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.
- VictimsPage 1, [untitled preamble],
... Noting with concern the escalation of acts of sabotage and terrorism, the kidnapping of personnel of the Collective Peacekeeping Forces (CPF) and of the United Nations Observer Mission in Georgia, and other acts of violence in the conflict zone, the victims of which are the civilian population, refugees and displaced persons, - Missing persons
No specific mention.
- Reparations
No specific mention.
- ReconciliationPage 1, [untitled preamble],
Noting with concern that, because of the obstructive position of the Abkhaz party to the conflict, the negotiations on defining the political status of Abkhazia, Georgia, have come to a standstill,
Implementation
- UN signatory
No specific mention.
- Other international signatory
No specific mention.
- Referendum for agreement
No specific mention.
- International mission/force/similarPage 2, Has decided:
1. To extend, with the consent of the parties, the stay of the Collective peacekeeping Forces in the conflict zone in Abkhazia, Georgia, ta 31 July 1998 ar until such time as one of the parties of the conflict, believing that the provisions of this decision have not been fuifilled, expresses its wish to terminate the operation;
Page 2, Has decided:
... 3. That the CPF cornrnand, in coordination with the parties, should ensure the implementation of the measures envisaged in the decision of the Council of Heads of State of the Cornrnonwealth of 28 March 1997. Within one month, on the basis of a mechanism worked aut by the parties to the conflict, a plan should be drawn up ta redeploy CPF, including a plan ta bring the Unified Headquarters of CPF closer ta areas in which CPF units are deployed, and other measures associated with the organized return of refugees and displaced persons, especially to the Gali district (within the old borders).
The CPF cornrnand should devote increased attention ta ensuring, in accordance with the CPF mandate, the safe operation of vitally important structures in the
security zone, in particular, the Inguri hydroelectric power station, bridges, the water supply system, and sa on;
Page 3, Has decided:
... 5. The Council of Heads of State of the Commonwealth calls upon the States members of the Commonwealth of Independent States which signed the decisions on the deployment of CPF in the Georgian-Abkhaz conflict zone and on confirming the mandate far the conduct of peacekeeping operation in the Georgian-Abkhaz conflict zone to take a more active part in the peacekeeping operation together with the Russian Federation, which is at present bearing the whole burden of this operation;
Page 3, Has decided:
... 7. To consider it essential to approach the United Nations with regard to the inclusion in the United Nations Observer Mission in Georgia of a group of
observers from the States members of the Commonwealth of Independent States; - Enforcement mechanismPage 2, Has decided:
... 3. That the CPF cornrnand, in coordination with the parties, should ensure the implementation of the measures envisaged in the decision of the Council of Heads of State of the Cornrnonwealth of 28 March 1997. Within one month, on the basis of a mechanism worked aut by the parties to the conflict, a plan should be drawn up ta redeploy CPF, including a plan ta bring the Unified Headquarters of CPF closer ta areas in which CPF units are deployed, and other measures associated with the organized return of refugees and displaced persons, especially to the Gali district (within the old borders).
The CPF cornrnand should devote increased attention ta ensuring, in accordance with the CPF mandate, the safe operation of vitally important structures in the
security zone, in particular, the Inguri hydroelectric power station, bridges, the water supply system, and sa on; - Related cases
No specific mention.
- SourceOn file with author
Decision of 28 April 1998 on additional measures for the settlement of the conflict in Abkhazia, Georgia
The Council of Heads of State of the Commonwealth of Independent States.
Stressing its unwavering commitment to the sovereignty and territorial integrity of Georgia,
Welcoming the resumption of direct bilateral negotiations between the Georgian and Abkhaz parties and the active assistance of the Russian Federation in this process, and the initiative announced by Ukraine at the fifty-second seşsion of the United Nations General Assembly to intensify its participation in the settlement of the conflict in Abkhazia, Georgia,
Noting the significance of the Geneva meetings of the Georgian and Abkhaz parties in the presence of representatives of the Russian Federation in its capacity as facilitator, the Organization for Security and Cooperation in Europe (OSCE) and the States which are members of the Group of Friends of the Secretary-General of the United Nations, and the entry into operation of the Coordinating Council and its working groups,
Guided by the provisions of the memorandum on the maintenance of peace and stability in the Commonwealth of Independent States (Almaty, 10 February 1995) and the statement by the Council of Heads of State of the Commonwealth (Minsk, 26 May 1995) on overcoming the threat of separatism as the most important condition for ensuring stability in the Caucasus and settling conflicts in that region, confirming its previous decisions of 19 January 1996 and 28 March 1997 aimed at achieving a comprehensive political settlement in Abkhazia, Georgia, and stressing the need for their implementation,
Once again expressing serious concern that, because of the non- implementation of a number of decisions adopted earlier within the framework of the Commonwealth, the process of the organized return of refugees has not yet begun,
Noting with concern that, because of the obstructive position of the Abkhaz party to the conflict, the negotiations on defining the political status of
Abkhazia, Georgia, have come to a standstill,
Expressing serious concern about the holding of elections to so-called organs of local self-government in Abkhazia, Georgia, that cannot be recognized as legitimate at a time when the political status of Abkhazia has not been defined and the problem of the return of refugees and displaced persons has not been resolved, which has effectively led to an exacerbation of the situation in the conflict zone and impeded progress towards a comprehensive settlement,
Noting with concern the escalation of acts of sabotage and terrorism, the kidnapping of personnel of the Collective Peacekeeping Forces (CPF) and of the United Nations Observer Mission in Georgia, and other acts of violence in the conflict zone, the victims of which are the civilian population, refugees and displaced persons,
Stressing the need far the irnrnediate implementation of the measures envisaged in the decision of the Council of Heads of State of the Cornrnonwealth of 28 March 1997, which would guarantee the beginning of the process of the organized return of refugees and displaced persons,
Has decided:
1. To extend, with the consent of the parties, the stay of the Collective peacekeeping Forces in the conflict zone in Abkhazia, Georgia, ta 31 July 1998 or until such time as one of the parties ta the con!lict, believing that the provisions of this decision have not been fuifilled, expresses its wish to terminate the operation;
2. To regard as inadmissible any further delay in the process of the organized return of refugees and displaced persons throughout the territory of Abkhazia and to demand urgently that the organized return of refugees and displaced persons should begin and that their return to the Gali district (within the old borders) should be completed by the end of 1998 on the basis of the mechanisms worked aut by representatives of the parties, the Russian Federation and the Office of the United Nations High Cornrnissioner far Refugees, Only in irnrnediate, direct coordination with the process of the steady, organized return of refugees and displaced persons, above all ta the Gali district (within the old borders), should action be taken far the economic recovery of the region and the normalization of the border and customs regimes,
To recornrnend urgently that the parties ta the conflict should consider and resolve the question of the establishment, at the stage of the return of
refugees and the full normalization of life in the Gali district (within the old borders), of a temporary transitional administration, which would work with the direct participation of the intermediaries, the United Nations and OSCE;
3. That the CPF cornrnand, in coordination with the parties, should ensure the implementation of the measures envisaged in the decision of the Council of Heads of State of the Cornrnonwealth of 28 March 1997.
Within one month, on the basis of a mechanism worked aut by the parties to the conflict, a plan should be drawn up ta redeploy CPF, including a plan ta bring the Unified Headquarters of CPF closer ta areas in which CPF units are deployed, and other measures associated with the organized return of refugees and displaced persons, especially to the Gali district (within the old borders).
The CPF cornrnand should devote increased attention ta ensuring, in accordance with the CPF mandate, the safe operation of vitally important structures in the security zone, in particular, the Inguri hydroelectric power station, bridges, the water supply system, and so on;
4. Ta express grave concern that the provisions of the decision of the Council of Heads of State of the Cornrnonwealth of 28 March 1997 concerning the expansion of the security zone have remained unimplemented.
To call on the Abkhaz party ta revert to this question, ta consider it and to resolve it favourably.
In the event of opposition ta the return of refugees and the emergence of a threat ta peace and security in the region, ta consider the question of introducing appropriate changes in the nature and content of the peacekeeping operation on the basis of the appropriate provisions of the Charter of the United Nations applicable in such cases;
5. The Council of Heads of State of the Commonwealth calls upon the States members of the Commonwealth of Independent States which signed the decisions on the deployment of CPF in the Georgian-Abkhaz conflict zone and on confirming the mandate far the conduct of peacekeeping operation in the Georgian-Abkhaz conflict zone to take a more active part in the peacekeeping operation together with the Russian Federation, which is at present bearing the whole burden of this operation;
6. To seek the cooperation of the international community and international organizations in resolving the socio-economic and humanitarian problems of the population caused by the conflict;
7. To consider it essential to approach the United Nations with regard to the inclusion in the United Nations Observer Mission in Georgia of a group of observers from the States members of the Commonwealth of Independent States;
8. To instruct the Executive Secretariat of the Commonwealth of Independent States, with the participation of the headquarters far the coordination of military cooperation by the States members of the Commonwealth, to report on a systematic basis to the Heads of State of the Commonwealth of Independent States on the implementation of the decisions of the Council of Heads of State of the
Commonwealth relating to the settlement of the conflict in Abkhazia, Georgia;
9. To inform the United Nations Security Council of this decision of the Council of Heads of State of the Commonwealth.
This decision shall enter into force on the date of its signature.
Done in the Russian language, in accordance with the procedure established in rule 20, paragraph 6, of the rules of procedure of the Council of Heads of State and the Council of Heads of Government of the Commonwealth of Independent States.
The original copy shall be deposited with the Executive Secretariat of the Commonwealth of Independent States, which shall transmit a certified copy to each State which has signed this decision.
For the Republic of Armenia For the Republic of Moldova
R. KOCHARYAN
For the Azerbaijani Republic For the Russian Federation
G. ALIYEV B. YELTSIN
For the Republic of Belarus For the Republic of Tajikistan
[...]
For Georgia For Turkmenistan
E. SHEVARDNADZE
For the Republic of Kazakhstan For Ukraine
N . NAZARBAEV
For the Kyrgyz Republic For the Republic of Uzbekistan
A. AKAEV I. KARIMOV
[1,379 words]
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