Agreement on Further Development of Georgian-Ossetian Peaceful Settlement Process and on Joint Control Commission

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Country/entity: Georgia
Russia
Ossetia
Region: Europe and Eurasia
Agreement name: Agreement on Further Development of Georgian-Ossetian Peaceful Settlement Process and on Joint Control Commission
Date: 31 Oct 1994
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: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: South Ossetia peace process
Parties: Georgia, Russia, North Ossetia, South Ossetia
Third parties: -
Description: Short agreement recognising the lack of progress of the Sochi Agreement and proposing the establishment of a permanent joint peacekeeping force consisting of Russian and Georgian forces.

Agreement document: GE_941031_AgreementFurtherDevelopment.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, Acting in the spirit of respect for the human rights and liberties of individuals and national minorities,
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Rhetorical
Page 1, 2. Trying to achieve further progress towards a full-scale political settlement, to improve coordination of efforts of the Joint Peacekeeping Forces and interaction with the OSCE Mission and other international organizations, to advance a practical solution of issues relating to the reconstruction of affected areas as well as to promote the return of refugees, the Parties have agreed to adjust the JCC functions and to renew and enlarge the Commission.
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: Power sharing→Military power sharing→Joint command structures
Page 1, 1. Thereupon, the Parties note that,
... b) The peacekeeping process is being ensured by the Joint Peacekeeping Forces created within the Joint Control Commission (JCC) in accordance with the Agreement of 24 June 1992;

Page 1, 1. Thereupon, the Parties note that,
... c) The JCC should be transformed into a permanent mechanism designed for systematic and coordinated involvement in solving various settlement aspects - political, military (peacekeeping), economic, humanitarian, etc.

Page 2, 4. The Commission shall be a permanent body of the four Parties involved in the settling the conflict and mitigating consequences thereof.
The OSCE Mission in Georgia shall take part in the JCC activities.

Human rights and equality

Human rights/RoL general: Page 1, Reaffirming their adherence to the principles of international law,

Page 1, Acting in the spirit of respect for the human rights and liberties of individuals and 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: Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
Page 1, 2. Trying to achieve further progress towards a full-scale political settlement, to improve coordination of efforts of the Joint Peacekeeping Forces and interaction with the OSCE Mission and other international organizations, to advance a practical solution of issues relating to the reconstruction of affected areas as well as to promote the return of refugees, the Parties have agreed to adjust the JCC functions and to renew and enlarge the Commission.
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: No specific mention.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, 1. Thereupon, the Parties note that,
а) The Joint Control Commission (JCC) established for the implementation of the Agreement of 24 June 1992 has largely fulfilled its functions of ensuring control of ceasefire, withdrawing armed units and maintaining safety measures, thus laying foundation for the process of political settlement;
Police: No specific mention.
Armed forces: Page 1, 1. Thereupon, the Parties note that,
... b) The peacekeeping process is being ensured by the Joint Peacekeeping Forces created within the JCC in accordance with the Agreement of 24 June 1992;
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: 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 specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: [Summary] Agreement proposes a permanent peacekeeping force of Russian and Georgian forces, but it is not an international mission.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: UN Peacemaker; http://peacemaker.un.org/sites/peacemaker.un.org/files/GE_941031_AgreementFurtherDevelopment.pdf

Agreement on Further Development of Georgian-Ossetian Peaceful Settlement Process and on Joint Control Commission

31 October 1994

Referring to the Agreement Governing the Principles of the Georgian-Ossetian Conflict Settlement, signed in Sochi on 24 June 1992,

Aiming at a comprehensive settlement of mutual relations between the conflicting Parties,

Guided by the desire to establish durable peace and stability,

Reaffirming their adherence to the principles of international law,

Acting in the spirit of respect for the human rights and liberties of individuals and national minorities,

Stating that during the two years that lapsed since the signing of the Sochi Agreement no major results were achieved in the promotion of political dialogue,

Taking into account the urgent need for a whole scale settlement of the Georgian-Ossetian conflict,

The Parties have agreed on the need to further develop the process of peaceful settlement of the Georgian-Ossetian conflict.

1. Thereupon, the Parties note that,

а) The Joint Control Commission (JCC) established for the implementation of the Agreement of 24 June 1992 has largely fulfilled its functions of ensuring control of ceasefire, withdrawing armed units and maintaining safety measures, thus laying foundation for the process of political settlement;

b) The peacekeeping process is being ensured by the Joint Peacekeeping Forces created within the JCC in accordance with the Agreement of 24 June 1992;

c) The JCC should be transformed into a permanent mechanism designed for systematic and coordinated involvement in solving various settlement aspects - political, military (peacekeeping), economic, humanitarian, etc.

2. Trying to achieve further progress towards a full-scale political settlement, to improve coordination of efforts of the Joint Peacekeeping Forces and interaction with the CSCE Mission and other international organizations, to advance a practical solution of issues relating to the reconstruction of affected areas as well as to promote the return of refugees, the Parties have agreed to adjust the JCC functions and to renew and enlarge the Commission.

3. The Parties have adopted the Regulation on the Joint Control Commission for the Settlement of the Georgian-Ossetian Conflict (attached).

4. The Commission shall be a permanent body of the four Parties involved in the settling the conflict and mitigating consequences thereof.

The CSCE Mission in Georgia shall take part in the JCC activities.

The Commission shall act in close interaction and coordination with local authorities.

5. The Parties in conflict reaffirm their obligations to solve all differences exclusively through peaceful mean, without recourse to force or to threat of force.

For the Georgian Party

For the South-Ossetian Party

For the Russian Party

For the North-Ossetian Party

Signed in the presence of the CSCE representatives