Declaration on Measures of a Political Settlement of the Georgia-Abkhaz Conflict
- Country/entityGeorgia
Abkhazia - RegionEurope and Eurasia
Europe and Eurasia - Agreement nameDeclaration on Measures of a Political Settlement of the Georgia-Abkhaz Conflict
- Date4 Apr 1994
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ()
- StageCeasefire/related
- Conflict natureGovernment/territory
- Peace processAbkhazia peace process
- PartiesGeorgia (Signed) A. KAVSADZE;
Abkhazia (Signed) S. JINJOLIA - Third partiesUnited Nations (Signed): E. Brunner;
The Russian Federation (Signed): B. Pastuknov
From the Conference on Security and Cooperation in Europe (Signed): V. MANNO; - DescriptionCommitment to a formal ceasefire and reaffirmation of commitment to non-use of force. Also reaffirmed request for development of peacekeeping operation and appealed for expansion of UNOMIG mandate. Parties agreed Abkhazia would have its own Constitution, legislation and State symbols, and reached mutual understanding on powers for joint action in various fields, including foreign policy, customs, ecology, and human rights and the rights of national minorities. Agreed to continue efforts to achieve a settlement and to intensify efforts to investigate war crimes.
Groups
- Children/youth
No specific mention.
- Disabled persons
No specific mention.
- Elderly/age
No specific mention.
- Migrant workers
No specific mention.
- Racial/ethnic/national groupGroups→Racial/ethnic/national group→SubstantivePage 1-2, 7. The parties held discussions on distribution of powers on the understanding that any agreement on this issue is part of a comprehensive settlement and will be reached only once a final solution to the conflict has been found. At this stage, the parties have reached a mutual understanding regarding powers for joint action in the following fields:
... (f) Ensuring human and civic rights and freedoms and the rights of national minorities. - Religious groups
No specific mention.
- Indigenous people
No specific mention.
- Other groups
No specific mention.
- Refugees/displaced personsGroups→Refugees/displaced persons→SubstantivePage 1, 4. The parties have agreed to and signed a quadripartite agreement, a copy of which is attached to the present declaration, on the repatriation of refugees and displaced persons. The agreement provides for the return of refugees/displaced persons in accordance with existing international practice, including the practice of UNHCR. A special commission on refugees/displaced persons, which shall include representatives of the parties, UNHCR, the Russian Federation, and CSCE in an observer capacity, shall begin its work in Sochi in mid-April 1994. The implementation of the agreement will begin upon the deployment of a peace-keeping force.
5. The parties reaffirm their request for the early deployment of a peacekeeping operation and for the participation of a Russian military contingent in the United Nations peace-keeping force, as stated in the Memorandum of Understanding of 1 December 1993 (S/26875, annex) and the communiqué of 13 January 1994. The plan for carrying out the peace-keeping operation will be agreed upon with the parties to the conflict. The realization of the peacekeeping operation should also promote the safe return of refugees/displaced persons. The parties again appeal to the United Nations Security Council to expand the mandate of the United Nations Observer Mission in Georgia (UNOMIG). - 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 symbolsPage 1, 6. Abkhazia shall have its own Constitution and legislation and appropriate State symbols, such as anthem, emblem and flag.
- 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 sharingPower sharing→Political power sharing→GeneralState levelPage 1-2, 7. The parties held discussions on distribution of powers on the understanding that any agreement on this issue is part of a comprehensive settlement and will be reached only once a final solution to the conflict has been found. At this stage, the parties have reached a mutual understanding regarding powers for joint action in the following fields:
(a) Foreign policy and foreign economic ties;
(b) Border guard arrangements;
(c) Customs;
(d) Energy, transport and communications;
(e) Ecology and elimination of consequences of natural disasters;
(f) Ensuring human and civic rights and freedoms and the rights of
national minorities.Power sharing→Political power sharing→Segmental autonomyState levelP - 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 generalPage 1-2, 7. The parties held discussions on distribution of powers on the understanding that any agreement on this issue is part of a comprehensive settlement and will be reached only once a final solution to the conflict has been found. At this stage, the parties have reached a mutual understanding regarding powers for joint action in the following fields:
... (f) Ensuring human and civic rights and freedoms and the rights of national minorities. - 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.
- TaxationSocio-economic reconstruction→Taxation→Power to taxPage 1-2, 7. The parties held discussions on distribution of powers on the understanding that any agreement on this issue is part of a comprehensive settlement and will be reached only once a final solution to the conflict has been found. At this stage, the parties have reached a mutual understanding regarding powers for joint action in the following fields:
... (c) Customs; - 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.
- EnvironmentPage 1-2, 7. The parties held discussions on distribution of powers on the understanding that any agreement on this issue is part of a comprehensive settlement and will be reached only once a final solution to the conflict has been found. At this stage, the parties have reached a mutual understanding regarding powers for joint action in the following fields:
... (e) Ecology and elimination of consequences of natural disasters; - Water or riparian rights or access
No specific mention.
Security sector
- Security GuaranteesPage 1-2, 7. The parties held discussions on distribution of powers on the understanding that any agreement on this issue is part of a comprehensive settlement and will be reached only once a final solution to the conflict has been found. At this stage, the parties have reached a mutual understanding regarding powers for joint action in the following fields:
... (b) Border guard arrangements; - CeasefireSecurity sector→Ceasefire→Ceasefire provisionPage 1,
3. By signing this declaration, the parties hereby commit themselves to a strict formal cease-fire from this date and also reaffirm their commitment to the non-use of force or threat of the use of force against each other as expressed in their communiqué of 13 January 1994 (see S/1994/32, annex). - Police
No specific mention.
- 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
No specific mention.
Transitional justice
- Transitional justice general
No specific mention.
- Amnesty/pardon
No specific mention.
- CourtsTransitional justice→Courts→National courtsPage 2, 10. The parties, based on the fact that there is no statute of limitations applicable to war crimes, agreed to intensify efforts to investigate war crimes, crimes against humanity and serious criminal offences as defined by international and national law and bring the perpetrators to justice.
Inevitable punishment shall also be inflicted on persons who try or will try to undermine the peace process in Abkhazia by resorting to arms. - Mechanism
No specific mention.
- Prisoner release
No specific mention.
- Vetting
No specific mention.
- Victims
No specific mention.
- Missing personsArticle 9 provides, The parties decided to take additional measures in connection with the search for missing persons and the reburial of the dead.
- Reparations
No specific mention.
- Reconciliation
No specific mention.
Implementation
- UN signatoryUnited Nations (Signed): E. Brunner;
- Other international signatoryThe Russian Federation (Signed): B. Pastuknov
From the Conference on Security and Cooperation in Europe (Signed): V. MANNO; - Referendum for agreement
No specific mention.
- International mission/force/similarPage 1, 4. The parties have agreed to and signed a quadripartite agreement, a copy of which is attached to the present declaration, on the repatriation of refugees and displaced persons. The agreement provides for the return of refugees/displaced persons in accordance with existing international practice, including the practice of UNHCR. A special commission on refugees/displaced persons, which shall include representatives of the parties, UNHCR, the Russian Federation, and CSCE in an observer capacity, shall begin its work in Sochi in mid-April 1994. The implementation of the agreement will begin upon the deployment of a peace-keeping force.
5. The parties reaffirm their request for the early deployment of a peacekeeping operation and for the participation of a Russian military contingent in the United Nations peace-keeping force, as stated in the Memorandum of Understanding of 1 December 1993 (S/26875, annex) and the communiqué of 13 January 1994. The plan for carrying out the peace-keeping operation will be agreed upon with the parties to the conflict. The realization of the peacekeeping operation should also promote the safe return of refugees/displaced persons. The parties again appeal to the United Nations Security Council to expand the mandate of the United Nations Observer Mission in Georgia (UNOMIG). - Enforcement mechanism5. parties reaffirm request for early development of peacekeeping force from UN and Russian Federation (as stated in 1/12/1993 MOU) and again appeal to UNSC to expand mandate of UNOMIG; 8. parties will set up an appropriate committee to work on standing basis, taking into a/c decisions of the UNSC, CSCE reps, Russian Federation, and intl experts, to devise phased action programme and proposals on the re-establishment of state and legal relations will be elaborated
- Related cases
No specific mention.
- SourceUSIP; http://peacemaker.un.org/georgia-measurespoliticalsettlement94
Declaration on measures for a political settlement of the Georgian/Abkhaz conflict signed on 4 April 1994
1. The third round of negotiations on a comprehensive settlement of the Georgian-Abkhaz conflict took place from 22 to 25 February 1994 in Geneva, from 7 to 9 March 1994 in New York and from 29 to 31 March in Moscow under the aegis of the United Nations with the facilitation of the Russian Federation and with the participation of representatives of the Conference on Security and Cooperation in Europe (CSCE) and the United Nations High Commissioner for Refugees (UNHCR).
2. The negotiations were held in accordance with Security Council resolutions 849 (1993) of 9 July 1993, 854 (1993) of 6 August 1993, 858 (1993) of 24 August 1993, 876 (1993) of 19 October 1993, 881 (1993) of 4 November 1993, 892 (1993) of 22 December 1993, 896 (1994) of 31 January 1994, 901 (1994) of 4 March 1994 and 906 (1994) of 25 March 1994.
3. By signing this declaration, the parties hereby commit themselves to a strict formal cease-fire from this date and also reaffirm their commitment to the non-use of force or threat of the use of force against each other as expressed in their communiqué of 13 January 1994 (see S/1994/32, annex).
4. The parties have agreed to and signed a quadripartite agreement, a copy of which is attached to the present declaration, on the repatriation of refugees and displaced persons.
The agreement provides for the return of refugees/displaced persons in accordance with existing international practice, including the practice of UNHCR.
A special commission on refugees/displaced persons, which shall include representatives of the parties, UNHCR, the Russian Federation, and CSCE in an observer capacity, shall begin its work in Sochi in mid-April 1994.
The implementation of the agreement will begin upon the deployment of a peace-keeping force.
5. The parties reaffirm their request for the early deployment of a peacekeeping operation and for the participation of a Russian military contingent in the United Nations peace-keeping force, as stated in the Memorandum of Understanding of 1 December 1993 (S/26875, annex) and the communiqué of 13 January 1994.
The plan for carrying out the peace-keeping operation will be agreed upon with the parties to the conflict.
The realization of the peacekeeping operation should also promote the safe return of refugees/displaced persons.
The parties again appeal to the United Nations Security Council to expand the mandate of the United Nations Observer Mission in Georgia (UNOMIG).
6. Abkhazia shall have its own Constitution and legislation and appropriate State symbols, such as anthem, emblem and flag.
7. The parties held discussions on distribution of powers on the understanding that any agreement on this issue is part of a comprehensive settlement and will be reached only once a final solution to the conflict has been found.
At this stage, the parties have reached a mutual understanding regarding powers for joint action in the following fields:
(a) Foreign policy and foreign economic ties;
(b) Border guard arrangements;
(c) Customs;
(d) Energy, transport and communications;
(e) Ecology and elimination of consequences of natural disasters;
(f) Ensuring human and civic rights and freedoms and the rights of national minorities.
8. The parties agree to continue energetic efforts to achieve a comprehensive settlement.
The Parties will set up an appropriate committee, which will work on a standing basis, taking into account the decisions of the Security Council under the chairmanship of the United Nations, with participation of representatives of CSCE and the Russian Federation and with the involvement of international experts.
This body will meet alternatively in Moscow and Geneva.
Its first meeting will be held in Geneva on 19 April 1994.
A phased action programme will be worked out and proposals on the re-establishment of State and legal relations will be elaborated.
9. The parties decided to take additional measures in connection with the search for missing persons and the reburial of the dead.
10. The parties, based on the fact that there is no statute of limitations applicable to war crimes, agreed to intensify efforts to investigate war crimes, crimes against humanity and serious criminal offences as defined by international and national law and bring the perpetrators to justice.
Inevitable punishment shall also be inflicted on persons who try or will try to undermine the peace process in Abkhazia by resorting to arms.
For the Georgian side:
(Signed) A. KAVSADZE
For the Abkhaz side:
(Signed) S. JINJOLIA
From the Conference on Security and Cooperation in Europe:
(Signed) V. MANNO
From the United Nations:
(Signed) E. BRUNNER
In the presence of:
From the Russian Federation:
(Signed) B. PASTUKHOV