Concluding Statement on the Outcome of the Resumed Meeting between the Georgian and Abkhaz parties

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Country/entity: Georgia
Abkhazia
Region: Europe and Eurasia
Agreement name: Concluding Statement on the Outcome of the Resumed Meeting between the Georgian and Abkhaz parties
Date: 19 Nov 1997
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: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Abkhazia peace process
Parties: Signed only by UNSRSG
Third parties: talks under the auspices of the UN with the participation of reps of the Russian Federation acting as facilitator, the OSCE; States belonging to the Group of Friends (Germany, France, Russian Federation, UK, US) as observers
Description: Welcomed proposals to strengthen involvement of UN and noted progress had not been made on the pivotal issues. Reaffirmed commitment to non-use of force and condemned acts of violence by armed groups or placement of mines. Agreed to take measures to halt any activity by illegal armed formations, terrorist and other ‘subversive groups and individuals’ and to take measures to convene a joint commission to resolve any practical issues. Also provided for establishment of a Coordinating Council and placed emphasis on need to resume process of voluntary return of refugees/displaced persons. Agreed to refrain from dissemination of hostile propaganda.

Agreement document: GE_971119_Concluding Statement on the Outcome of the Resumed Meeting.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, 10. The parties condemn acts of violence by armed groups and the placement of mines, which has resulted in a deterioration of safety conditions for the local population, returning refugees and displaced persons, UNOMIG personnel and CIS peacekeepers, and other international personnel working in Abkhazia.

Page 2, 12. The parties have agreed that progress towards strengthening trust, mutual understanding and cooperation between them could be achieved through direct bilateral contacts and other means. They believe that the speediest possible agreement on and signature of the relevant documents on a settlement of the conflict would be a real step towards bringing about a comprehensive political settlement of the conflict. In this respect, particular attention was given to the issue of the return of refugees and displaced persons to their place of permanent residence. At the same time, emphasis was placed on the need to renew the process of voluntary return of refugees and displaced persons and to create safe living conditions for them.
Groups→Refugees/displaced persons→Substantive
Page 3, 15. The programme of action and the mechanism for its implementation are as follows:
(a) the parties shall establish a Coordinating Council and, within its framework, working groups on the following areas:
... refugees and internally displaced persons;
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 3, 14. The parties agreed to refrain from disseminating hostile propaganda about each other and to take measures to promote an atmosphere of mutual trust and understanding. The parties have agreed to institute exchange visits by parliamentarians, academics, intellectuals, journalists and other representatives of society in order to help achieve this objective.
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: Rights related issues→Media and communication→Media roles
Page 3, 14. The parties agreed to refrain from disseminating hostile propaganda about each other and to take measures to promote an atmosphere of mutual trust and understanding. The parties have agreed to institute exchange visits by parliamentarians, academics, intellectuals, journalists and other representatives of society in order to help achieve this objective.
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→Socio-economic development
Page 3, 15. The programme of action and the mechanism for its implementation are as follows:
(a) the parties shall establish a Coordinating Council and, within its framework, working groups on the following areas:
... economic and social problems;
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, 10. The parties condemn acts of violence by armed groups and the placement of mines, which has resulted in a deterioration of safety conditions for the local population, returning refugees and displaced persons, UNOMIG personnel and CIS peacekeepers, and other international personnel working in Abkhazia.
Ceasefire: Security sector→Ceasefire→General commitments
Page 2, 7. The parties reaffirmed their commitment made in the Tbilisi statement of 14 August 1997 to the non-use of force or threat of the use of force against one another. Any contentious issue shall be settled by the parties through exclusively peaceful means.

Page 3, 15. The programme of action and the mechanism for its implementation are as follows:
(a) the parties shall establish a Coordinating Council and, within its framework, working groups on the following areas:
issues related to the lasting non-resumption of hostilities and security problems;
... (d) the Coordinating Council shall be convened by the Special Representative of the Secretary-General of the United Nations during the first week of December 1997. The working groups shall start their work in December 1997. The working group on issues relating to the lasting non- resumption of hostilities and security problems will meet frequently, at least once a week.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 2, 10. The parties condemn acts of violence by armed groups and the placement of mines, which has resulted in a deterioration of safety conditions for the local population, returning refugees and displaced persons, UNOMIG personnel and CIS peacekeepers, and other international personnel working in Abkhazia.

Page 2, 11. The parties will take all necessary and effective measures to halt any activity by illegal armed formations, terrorist and subversive groups and individuals, including those penetrating Abkhaz territory from outside, which could destabilize the peace process and precipitate a resumption of hostilities.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: Page 2, 11. The parties will take all necessary and effective measures to halt any activity by illegal armed formations, terrorist and subversive groups and individuals, including those penetrating Abkhaz territory from outside, which could destabilize the peace process and precipitate a resumption of hostilities.

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: Signed only by UNSRSG
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 2, 8. The meeting took note of the contribution made by the United Nations Observer Mission in Georgia (UNOMIG) and the Collective Peacekeeping Forces of the Commonwealth of Independent States ("the CIS peacekeeping force") in stabilizing the situation in the conflict zone and noted the significant strengthening of cooperation between UNOMIG and the CIS peacekeeping force.

Page 2, 9. The Special Representative of the Secretary-General for Georgia, representatives of the OSCE and States members of the Group of Friends of the Secretary-General call on the parties and the Russian Federation to support the continuation of the peacekeeping operation of the CIS peacekeeping force in order to secure favourable and peaceful conditions to achieve a comprehensive settlement of the conflict.
Enforcement mechanism: 13. agreed on the need to convene joint/bilateral commission to resolve any practical issues arising with refugee return; 15. agreed programme of action for implementation: a. parties to establish a Coordinating Council and, within its framework, working groups on the following areas: lastign non-resumption of hostilities, refugees and IDPs, economic and social problems; (b) the coordinating council and working groups to convene under the chairmanship of the UNSRSG, with facilitation by the Russian Federation and reps of the OSCE and with Group of Friends; © separate groups of experts may be established to advise; 16. meetings of the two sides will be held periodically to consider the progress of the negotiations, to be chaired by UNSRSG
Related cases: No specific mention.
Source: INCORE: http://www.incore.ulst.ac.uk/services/cds/agreements/pdf/geo3.pdf

Concluding Statement on the Outcome of the Resumed Meeting between the Georgian and Abkhaz Parties

19 November 1997

1. An exchange of views on the following points took place during the meeting:

Review of the state of the negotiations on the main aspects of a comprehensive settlement of the conflict and identification of areas where concrete political progress could be made;

2. Consideration of questions of the return of the refugees and displaced persons;

Intensification of efforts in the economic, humanitarian and social areas;

Elaboration of a programme of future activities and mechanisms for their implementation.

The resumed meeting between the Georgian and Abkhaz parties was held in Geneva from 17 to 19 November 1997 under the auspices of the United Nations with the participation of representatives of the Russian Federation acting as facilitator, the Organization for Security and Cooperation in Europe (OSCE), and the states belonging to the Group of Friends created by the Secretary- General in 1994 consisting of France, Germany, the Russian Federation, the United Kingdom and the United States of America, acting as observers.

Representatives of the Office of the United Nations High Commissioner for Refugees and the Department of Humanitarian Affairs also took part in discussing issues of interest to them.

3. At the first part of the meeting (23 - 25 July 1997), the question was raised of the status of the countries of the Friends of the Secretary-General on Georgia.

After extensive consultations, a decision was taken that the status of this Group of Friends of the Secretary-General of the United Nations should be analogous to the status of the other groups of friends of the Secretary-General.

They may participate in meetings and make statements and proposals on various aspects of the peace process, including a political settlement.

They are not parties to the negotiations and shall not be invited to sign documents agreed upon during the negotiations by the parties.

4. The parties welcomed the proposals of the Secretary-General of the United Nations to strengthen the involvement of the United Nations in the peacemaking process aimed at achieving a comprehensive political settlement

5. The parties welcome the positive outcome of the meeting between Mr. Shevardnadze and Mr. Ardzinba in Tbilisi on 14 and 15 August 1997, organized with the assistance of the Russian Federation as facilitator.

6. It was noted that as of now, despite strenuous efforts applied in order to intensify the peace process, sought for progress has not been made on the pivotal issues of the settlement.

7. The parties reaffirmed their commitment made in the Tbilisi statement of 14 August 1997 to the non-use of force or threat of the use of force against one another.

Any contentious issue shall be settled by the parties through exclusively peaceful means.

8. The meeting took note of the contribution made by the United Nations Observer Mission in Georgia (UNOMIG) and the Collective Peacekeeping Forces of the Commonwealth of Independent States ("the CIS peacekeeping force") in stabilizing the situation in the conflict zone and noted the significant strengthening of cooperation between UNOMIG and the CIS peacekeeping force.

9. The Special Representative of the Secretary-General for Georgia, representatives of the OSCE and States members of the Group of Friends of the Secretary-General call on the parties and the Russian Federation to support the continuation of the peacekeeping operation of the CIS peacekeeping force in order to secure favourable and peaceful conditions to achieve a comprehensive settlement of the conflict.

10. The parties condemn acts of violence by armed groups and the placement of mines, which has resulted in a deterioration of safety conditions for the local population, returning refugees and displaced persons, UNOMIG personnel and CIS peacekeepers, and other international personnel working in Abkhazia.

11. The parties will take all necessary and effective measures to halt any activity by illegal armed formations, terrorist and subversive groups and individuals, including those penetrating Abkhaz territory from outside, which could destabilize the peace process and precipitate a resumption of hostilities.

12. The parties have agreed that progress towards strengthening trust, mutual understanding and cooperation between them could be achieved through direct bilateral contacts and other means.

They believe that the speediest possible agreement on and signature of the relevant documents on a settlement of the conflict would be a real step towards bringing about a comprehensive political settlement of the conflict.

In this respect, particular attention was given to the issue of the return of refugees and displaced persons to their place of permanent residence.

At the same time, emphasis was placed on the need to renew the process of voluntary return of refugees and displaced persons and to create safe living conditions for them.

13. The parties agreed on the need to take measures to convene in the near future a joint/bilateral commission to resolve any practical issues that may arise.

14. The parties agreed to refrain from disseminating hostile propaganda about each other and to take measures to promote an atmosphere of mutual trust and understanding.

The parties have agreed to institute exchange visits by parliamentarians, academics, intellectuals, journalists and other representatives of society in order to help achieve this objective.

15. The programme of action and the mechanism for its implementation are as follows:

(a) the parties shall establish a Coordinating Council and, within its framework, working groups on the following areas:

(b) issues related to the lasting non-resumption of hostilities and security problems;

refugees and internally displaced persons;

economic and social problems;

the Coordinating Council and the working groups will meet under the chairmanship of the Special Representative of the Secretary-General of the United Nations or by his authorized representatives, with the participation of representatives of the Russian Federation as facilitator, representatives of OSCE, and with the Group of Friends of the Secretary- General;

(c) separate groups of experts may be established to study specific aspects of issues relating to the comprehensive settlement of the conflict as and when such issues arise;

(d) the Coordinating Council shall be convened by the Special Representative of the Secretary-General of the United Nations during the first week of December 1997.

The working groups shall start their work in December 1997.

The working group on issues relating to the lasting non- resumption of hostilities and security problems will meet frequently, at least once a week.

16. Meetings of the sides will be held periodically to consider the progress of the negotiations on the main aspects of the comprehensive settlement of the conflict.

These meetings will

be chaired by the Special Representative of the Secretary-General.

They will take place with the participation of the Russian Federation in its capacity as facilitator, with the OSCE, and the Group of Friends of the Secretary-General under the conditions defined in paragraph 3 above.