Protocol of Negotiations between the Governmental Delegations of the Republic of Georgia and the Russian Federation

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Country/entity: Georgia
Russia
Abkhazia
Region: Europe and Eurasia
Agreement name: Protocol of Negotiations between the Governmental Delegations of the Republic of Georgia and the Russian Federation
Date: 9 Apr 1993
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
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: Governmental Delegations of the Republic of Georgia - headed by the Prime Minister Mr. T. I. Sigua, and the Russian Federation –headed by the Minister of Defence P. S. Grachev ware held in Sochi.

Signed by Head of the Governmental Delegation of the Republic of Georgia T. I. Sigua;
Head of the Governmental Delegation of the Russian Federation P. S. Grachev
Third parties: -
Description: Ceasefire agreement aiming to implement the Final Moscow Document of 3 September 1992, guaranteed by the Commission for Control and Inspection in Abkhazie (CCI). Agreement highlights the importance of de-militarization around the Eshera Labratory #24.

Agreement document: RU_GE_930409_ProtocolOfNegotiationsBetweenGeorgiaAndRussia.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: Groups→Racial/ethnic/national group→Rhetorical
Page 1, A number of measures, aimed at strengthening the fight against criminal underworld and protection of human rights of ethnic minorities, shall be undertaken in full conformity with the international law.
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, A special group shall be set up within the jurisdiction of the Commission, which shall address the issues related return and accommodation of 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: 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: Page 1, A number of measures, aimed at strengthening the fight against criminal underworld and protection of human rights of ethnic minorities, shall be undertaken in full conformity with the international law.
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: Page 1, Immediate de-mining, restoration of destroyed, as a result of hostilities, segments of railways and highways, shall be monitored and promoted by the Commission, as well as securing safe access to them and their proper functioning.
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→Infrastructure and reconstruction
Page 1, Immediate de-mining, restoration of destroyed, as a result of hostilities, segments of railways and highways, shall be monitored and promoted by the Commission, as well as securing safe access to them and their proper functioning.

Page 1, The population that suffered as a result of the conflict shall be rendered a humanitarian aid.
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: Page 1, The Russian Side declared about its readiness to discuss these and other issues with representatives of Abkhazia. In particular, issues related to conservation of seismic and other scientific equipment located in the Eshera laboratory #24, shall be addressed during the meetings with representatives of Abkhazia. The Laboratory with a radius of 200 meters from the center, occupies 1250 square meters and is a access-restricted zone and to be protected through application of engineer and military-technical means. The Russian side believes that security in this zone should be guaranteed by mixed Russian, Georgian and Abkhazian military contingent, number of personnel of which should be agreed upon in advance.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 1, The Russian Side declared about its readiness to discuss these and other issues with representatives of Abkhazia. In particular, issues related to conservation of seismic and other scientific equipment located in the Eshera laboratory #24, shall be addressed during the meetings with representatives of Abkhazia. The Laboratory with a radius of 200 meters from the center, occupies 1250 square meters and is a access-restricted zone and to be protected through application of engineer and military-technical means. The Russian side believes that security in this zone should be guaranteed by mixed Russian, Georgian and Abkhazian military contingent, number of personnel of which should be agreed upon in advance.

Page 2, The Parties to the conflict shall undertake additional effective measures in order to prevent infiltration into the conflict zone of illegal military formations, individuals, weapons and ammunitions.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, The Parties to the conflict, seeking to put an end to the dragged out bloodshed and to take a constructive step towards settlement of the conflict in Abkhazia and proceeding from the provisions of the Final Moscow Document of 3 September 1992, expressed their strong determination to immediately and without any preconditions, introduce a cease-fire regime and denounce usage of military force against each other, and the Parties believe that such steps would pay the way for the transitional period, in the course of which a number of confidence-building measures between the opposing Parties will be elaborated and implemented.

Page 1, Any settlement of the conflict should envisage the commitments not to resume hostilities, undertaken by the Parties to the conflict, and denounce any military offence and building of utilities of military infrastructure.

Page 2, From the point of view of the Georgian side, it is essential to carry out the process of withdrawal of Russian military unit that protects the seismic laboratory located in the conflict zone.

Page 2, The Sides failed to reach an agreement on a number of issues that have been discussed in the course of negotiations. Among such issues was an issue of presence of Russian military units in Gudauta. Consultations on the aforementioned and other issues shall be continued in the future.
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, The Parties to the conflict shall undertake additional effective measures in order to prevent infiltration into the conflict zone of illegal military formations, individuals, weapons and ammunitions.
Withdrawal of foreign forces: Page 2, From the point of view of the Georgian side, it is essential to carry out the process of withdrawal of Russian military unit that protects the seismic laboratory located in the conflict zone.
Corruption: No specific mention.
Crime/organised crime: Page 1, A number of measures, aimed at strengthening the fight against criminal underworld and protection of human rights of ethnic minorities, shall be undertaken in full conformity with the international law.
Drugs: No specific mention.
Terrorism: No specific mention.

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: [no signature, but "The Russian and Georgian sides spoke in favor of more active involvement of the United Nations and the OSCE in the conflict settlement process." and "As far as the Georgian-Ossetian conflict is concerned, the Delegations agreed to render support the OSCE endeavors aimed at setting going the dialogue between the Parties to the conflict, in order to secure a peaceful and comprehensive settlement of the conflict."]
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1-2, The Russian Side declared about its readiness to discuss these and other issues with representatives of Abkhazia. In particular, issues related to conservation of seismic and other scientific equipment located in the Eshera laboratory #24, shall be addressed during the meetings with representatives of Abkhazia. The Laboratory with a radius of 200 meters from the center, occupies 1250 square meters and is a access-restricted zone and to be protected through application of engineer and military-technical means. The Russian side believes that security in this zone should be guaranteed by mixed Russian, Georgian and Abkhazian military contingent, number of personnel of which should be agreed upon in advance.

Page 2, Within the context of settlement of the conflict in Abkhazia, the presence of Georgian and international observers in the zone of Bombora military airdrome shall be positively decided upon.
Enforcement mechanism: Page 1, The Commission for Control and Inspection in Abkhazia (CCI), composed of representatives appointed by the Georgian Authorities, including the Abkhazian ones, and the Authorities of the Russian Federation, shall resume their activities. The Commission guarantees compliance with the cease-fire regime.
Related cases: No specific mention.
Source: Archived hard copy with C. Bell, sourced from the Regionalism Research Center Website.

Protocol of Negotiations between the Governmental Delegations of the Republic of Georgia and the Russian Federation

Sochi, 9 April 1993

On 6-9 April 1993, negotiations between the Governmental Delegations of the Republic of Georgia - headed by the Prime Minister Mr. T. I. Sigua, and the Russian Federation –headed by the Minister of Defence P. S. Grachev ware held in Sochi.

The Parties to the conflict, seeking to put an end to the dragged out bloodshed and to take a constructive step towards settlement of the conflict in Abkhazia and proceeding from the provisions of the Final Moscow Document of 3 September 1992, expressed their strong determination to immediately and without any preconditions, introduce a cease-fire regime and denounce usage of military force against each other, and the Parties believe that such steps would pay the way for the transitional period, in the course of which a number of confidence-building measures between the opposing Parties will be elaborated and implemented.

Any settlement of the conflict should envisage the commitments not to resume hostilities, undertaken by the Parties to the conflict, and denounce any military offence and building of utilities of military infrastructure.

The Commission for Control and Inspection in Abkhazia (CCI), composed of representatives appointed by the Georgian Authorities, including the Abkhazian ones, and the Authorities of the Russian Federation, shall resume their activities.

The Commission guarantees compliance with the cease-fire regime.

Immediate de-mining, restoration of destroyed, as a result of hostilities, segments of railways and highways, shall be monitored and promoted by the Commission, as well as securing safe access to them and their proper functioning.

A special group shall be set up within the jurisdiction of the Commission, which shall address the issues related return and accommodation of refugees and internally displaced persons.

The population that suffered as a result of the conflict shall be rendered a humanitarian aid.

A number of measures, aimed at strengthening the fight against criminal underworld and protection of human rights of ethnic minorities, shall be undertaken in full conformity with the international law.

The Russian Side declared about its readiness to discuss these and other issues with representatives of Abkhazia.

In particular, issues related to conservation of seismic and other scientific equipment located in the Eshera laboratory #24, shall be addressed during the meetings with representatives of Abkhazia.

The Laboratory with a radius of 200 meters from the center, occupies 1250 square meters and is a access-restricted zone and to be protected through application of engineer and military-technical means.

The Russian side believes that security in

this zone should be guaranteed by mixed Russian, Georgian and Abkhazian military contingent, number of personnel of which should be agreed upon in advance.

From the point of view of the Georgian side, it is essential to carry out the process of withdrawal of Russian military unit that protects the seismic laboratory located in the conflict zone.

The Parties to the conflict pledge do not undertake offences in the zone where the laboratory is located.

Within the context of settlement of the conflict in Abkhazia, the presence of Georgian and international observers in the zone of Bombora military airdrome shall be positively decided upon.

The Parties to the conflict shall undertake additional effective measures in order to prevent infiltration into the conflict zone of illegal military formations, individuals, weapons and ammunitions.

These and other problems need to be addressed in detail by representatives of Georgia, Abkhazia and Russia in the course of negotiations, in order to pave the way for a new Summit within the format of the Final Document adopted on September 3, 1992.

The Russian and Georgian sides spoke in favor of more active involvement of the United Nations and the OSCE in the conflict settlement process.

As far as the Georgian-Ossetian conflict is concerned, the Delegations agreed to render support the OSCE endeavors aimed at setting going the dialogue between the Parties to the conflict, in order to secure a peaceful and comprehensive settlement of the conflict.

The Sides failed to reach an agreement on a number of issues that have been discussed in the course of negotiations.

Among such issues was an issue of presence of Russian military units in Gudauta.

Consultations on the aforementioned and other issues shall be continued in the future.

Head of the Governmental Delegation of the Republic of Georgia T. I. Sigua

Head of the Governmental Delegation of the Russian Federation P. S. Grachev