Memorandum of understanding between the Georgian and Abkhaz sides at the negotiations held in Geneva

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Country/entity: Georgia
Abkhazia
Region: Europe and Eurasia
Agreement name: Memorandum of understanding between the Georgian and Abkhaz sides at the negotiations held in Geneva
Date: 1 Dec 1993
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: Territory
Peace process: Abkhazia peace process
Parties: For the Georgian side
(Jaba Ioseliani)
For the Abkhaz side
(Sokrat Jinjolia)
Third parties: In the presence of:
For the United Nations
(Edouard Brunner)
Russian Federation
(Boris Pastukhov)
CSCE
(Vincenzo Manno)
Description: Commitment not to use force or threat of force for period of negotiations. Maintenance of peace to be promoted by increase in international observers and use of peace-keeping forces. Also provided for exchange of prisoners of war before 20 December in gesture of good will; urgent measures to find missing persons; creation of conditions for return of refugees and return of land and property. Parties expressed hope for participation of United Nations High Commissioner for Refugees and appealed for humanitarian assistance. Agreed a group of experts would prepare recommendations on the political status of Abkhazia and set date for next round of negotiations.

Agreement document: GE_931201_MoUGeorgianAndAbkhazSides.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→Substantive
Page 1, Agreement was reached concerning the following:
... 4. The parties consider it their duty to find an urgent solution to the problem of refugees and displaced persons. They undertake to create conditions for the voluntary, safe and speedy return of refugees to the places of their permanent residence in all regions of Abkhazia. The apartments, houses, plots of land and property that they left shall be returned to all those refugees who return.
The parties express the hope for participation by the Office of the United Nations High Commissioner for Refugees in the solution to the problem of refugees.
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): Page 2, 7. To prepare recommendations on the political status of Abkhazia, a group of experts, including representatives of the parties, the United Nations, the Russian Federation and CSCE will begin work in Moscow in early December 1993. The group will submit its report at the next round of negotiations.
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: 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: Page 2, 7. To prepare recommendations on the political status of Abkhazia, a group of experts, including representatives of the parties, the United Nations, the Russian Federation and CSCE will begin work in Moscow in early December 1993. The group will submit its report at the next round of negotiations.

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→Humanitarian assistance
Page 2, 5. The parties appeal to the international community to render assistance in re-establishing basic supply systems to the population in the conflict zone and to render to all victims of the conflict various types of humanitarian assistance.

Page 2, 6. The parties express the wish that for purposes of promoting economic recovery in the conflict zone an international commission be established with the participation of international and national organizations.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Page 2, 5. The parties appeal to the international community to render assistance in re-establishing basic supply systems to the population in the conflict zone and to render to all victims of the conflict various types of humanitarian assistance.
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, Agreement was reached concerning the following:
1. In accordance with the main provisions of the Sochi Agreement of 27 July 1993 on the cease-fire in Abkhazia and the mechanism for monitoring its observance, the parties commit themselves not to use force or the threat of force against each other for the period of the continuing negotiations to achieve a comprehensive political settlement of the conflict in Abkhazia.
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: No specific mention.
Mechanism: No specific mention.
Prisoner release: Page 1, Agreement was reached concerning the following:
... 3. As a gesture of good will, the parties will exchange prisoners of war before 20 December 1993, in accordance with the principle of all for all, without any preconditions. Urgent measures will be taken to find those missing, for which purpose the parties will give each other the appropriate lists. In addition, measures will be taken for the reburial of the dead.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: Transitional justice→Reparations→Symbolic reparations
Page 1, Agreement was reached concerning the following:
... 3. As a gesture of good will, the parties will exchange prisoners of war before 20 December 1993, in accordance with the principle of all for all, without any preconditions. Urgent measures will be taken to find those missing, for which purpose the parties will give each other the appropriate lists. In addition, measures will be taken for the reburial of the dead.
Reconciliation: No specific mention.

Implementation

UN signatory: In the presence of:
For the United Nations
(Edouard Brunner)
Other international signatory: In the presence of:
Russian Federation
(Boris Pastukhov)
CSCE
(Vincenzo Manno)
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, Agreement was reached concerning the following:
... 2. The parties consider that the maintenance of peace would be promoted by an increase in the number of international observers in the zone of conflict and by the use of international peace-keeping forces, subject to agreement by the Security Council and the Secretary-General.
Enforcement mechanism: 2. Maintenance of peace to be promoted by increase in international observers and use of peace-keeping forces. 8. date for next round of negotiations under aegis of UN, with facilitation of Russia, and participation of CSCE
Related cases: No specific mention.
Source: UN Peacemaker; http://peacemaker.un.org/sites/peacemaker.un.org/files/GE_931201_MoUGeorgianAndAbkhazSides.pdf

Memorandum of Understanding between the Georgian and the Abkhaz sides at the negotiations held in Geneva

The first round of negotiations on a comprehensive settlement of the Georgian-Abkhaz conflict took place in Geneva from 30 November to

1 December 1993, under the aegis of the United Nations, with the Russian Federation as facilitator and a representative of the Conference on Security and Cooperation in Europe (CSCE).

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 and 881 (1993) of 4 November 1993.

Agreement was reached concerning the following:

1. In accordance with the main provisions of the Sochi Agreement of 27 July 1993 on the cease-fire in Abkhazia and the mechanism for monitoring its observance, the parties commit themselves not to use force or the threat of force against each other for the period of the continuing negotiations to achieve a comprehensive political settlement of the conflict in Abkhazia.

2. The parties consider that the maintenance of peace would be promoted by an increase in the number of international observers in the zone of conflict and by the use of international peace-keeping forces, subject to agreement by the Security Council and the Secretary-General.

3. As a gesture of good will, the parties will exchange prisoners of war before 20 December 1993, in accordance with the principle of all for all, without any preconditions.

Urgent measures will be taken to find those missing, for which purpose the parties will give each other the appropriate lists.

In addition, measures will be taken for the reburial of the dead.

4. The parties consider it their duty to find an urgent solution to the problem of refugees and displaced persons.

They undertake to create conditions for the voluntary, safe and speedy return of refugees to the places of their permanent residence in all regions of Abkhazia.

The apartments, houses, plots of land and property that they left shall be returned to all those refugees who return.

The parties express the hope for participation by the Office of the United Nations High Commissioner for Refugees in the solution to the problem of refugees.

5. The parties appeal to the international community to render assistance in re-establishing basic supply systems to the population in the conflict zone and to render to all victims of the conflict various types of humanitarian assistance.

6. The parties express the wish that for purposes of promoting economic recovery in the conflict zone an international commission be established with the participation of international and national organizations.

7. To prepare recommendations on the political status of Abkhazia, a group of experts, including representatives of the parties, the United Nations, the Russian Federation and CSCE will begin work in Moscow in early December 1993.

The group will submit its report at the next round of negotiations.

8. The next round of negotiations for a comprehensive settlement of the Georgian-Abkhaz conflict under the aegis of the United Nations, with the Russian Federation as facilitator and with the participation of the CSCE representative, will begin on 11 January 1994 in Moscow or Geneva.

For the Georgian side

(Jaba Ioseliani)

For the United Nations

(Edouard Brunner)

In the presence of:

Russian Federation

(Boris Pastukhov)

For the Abkhaz side

(Sokrat Jinjolia)

CSCE

(Vincenzo Manno)