Declaration on Measures of a Political Settlement of the Georgia-Abkhaz Conflict

  • Country/entity
    Georgia
    Abkhazia
  • Region
    Europe and Eurasia
    Europe and Eurasia
  • Agreement name
    Declaration on Measures of a Political Settlement of the Georgia-Abkhaz Conflict
  • Date
    4 Apr 1994
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Georgian Separatist Conflicts (1989 - ) )
  • Stage
    Ceasefire/related
  • Conflict nature
    Government/territory
  • Peace process
    Abkhazia peace process
  • Parties
    Georgia (Signed) A. KAVSADZE;
    Abkhazia (Signed) S. JINJOLIA
  • Third parties
    United Nations (Signed): E. Brunner;
    The Russian Federation (Signed): B. Pastuknov
    From the Conference on Security and Cooperation in Europe (Signed): V. MANNO;
  • Description
    Commitment 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 group
    Groups→Racial/ethnic/national group→Substantive
    Page 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 persons
    Groups→Refugees/displaced persons→Substantive
    Page 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 symbols
    Page 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 sharing
    Power sharing→Political power sharing→General
    State level
    Page 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 autonomy
    State level
    P
  • 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
    Page 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.

  • Taxation
    Socio-economic reconstruction→Taxation→Power to tax
    Page 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.

  • Environment
    Page 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 Guarantees
    Page 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;
  • Ceasefire
    Security sector→Ceasefire→Ceasefire provision
    Page 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.

  • Courts
    Transitional justice→Courts→National courts
    Page 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 persons
    Article 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 signatory
    United Nations (Signed): E. Brunner;
  • Other international signatory
    The 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/similar
    Page 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 mechanism
    5. 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.

  • Source
    USIP; 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