Communiqué on the second round of negotiations between the Georgian and Abkhaz sides

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Country/entity: Georgia
Abkhazia
Region: Europe and Eurasia
Agreement name: Communiqué on the second round of negotiations between the Georgian and Abkhaz sides
Date: 13 Jan 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: Pre-negotiation/process
Conflict nature: Territory
Peace process: Abkhazia peace process
Parties: For the Georgian side J. Ioseliani
For the Abkhaz side S. Jinjolia
Third parties: From the UN E. Brunner
From the Russian Federation B. Pastukhov
From the CSCE V. Manno
Description: Noted that provisions of the last Memorandum were for the most part being implemented and reaffirmed commitment not to use force. Appealed to UN to extend mandate of UN Observer Mission in Georgia (UNOMIG) and to intensify the international civilian presence. Provided for withdrawal of armed units from lines of confrontation and complete disarmament and made provision for a Russian military contingent in a UN peacekeeping force. Agreed to continue to work out agreement on voluntary return of refugees/displaced persons, to establish special commission on refugees, and to begin implementation of phased process of their return to Abkhazia. Also agreed to continue discussion of problem of political status of Abkhazia and expressed interest in establishment of an international commission to assist economic recovery.

Agreement document: GE_940113_CommuniqueSecondRoundNegotiations.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
[Summary] A representative of the United Nations High Commissioner for Refugees (UNHCR) was a mediator.

Page 2, (2) ... The Parties appeal to the Security Council for an intensification of the international civilian presence in the conflict zone and for this purpose it would be necessary to deploy appropriate civilian experts who will assist in resolving the problems of refugees and other humanitarian issues.

Page 2, (4) The Parties will continue to work out a Quadripartite Agreement on the voluntary return and repatriation to Abkhazia of refugees and displaced persons.

The Parties have agreed to establish a special commission on refugees consisting of the Parties, the UN and the Russian Federation which will begin work on 25 January 1994.
The Parties agreed to begin on 10 February 1994 the implementation of the phased process of the return of refugees and displaced persons to Abkhazia, and as a first step to the Gali region. The Parties will take necessary measures to ensure the safety of refugees, displaced persons and personnel involved in this operation. The Abkhaz side has the primary responsibility for the reception and security of the refugees and also of the above-mentioned personnel. Moreover, to render them assistance in creating a safe environment conductive to the return of refugees and displaced persons.
The Parties are counting on effective assistance from UNHCR and, inter alia, on the commencement as soon as possible of operations in the zone of conflict by an interim division of UNHCR.
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, (5) The Parties recognize that the primary objective is a comprehensive political settlement of the conflict and that all efforts are contributions to its achievement. They agreed to continue discussions of the problem of the political status of Abkhazia taking into account mutual interests. The next meeting of experts on this issue will take place in Moscow beginning on 8 February 1994. Their report will be considered at the next meeting of the parties and will be sent to the UN and the OSCE.
The UN, The OSCE and the Russian Federation call upon the parties to proceed from the need to observe the territorial integrity of Georgia and fully to ensure the interests of the entire multinational population of Abkhazia, this being the fundamental principles of a comprehensive settlement.
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: 6. expressed interest in establishment of an international commission to assist economic recovery

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 2-3, (6) The Parties expressed their interest in the establishment no later than 15 February of an international commission to assist in economic recovery in Abkhazia with the participation of international and national organizations. Among its highest priorities must be the restoration of vital facilities, transport, communications, airports, bridges and tunnels.
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→General commitments
Page 1, 1) The Parties reaffirmed their commitment not to use force or the threat of force against each other.
Police: No specific mention.
Armed forces: Page 1, untitled preamble,At the same time it was noted that hostilities took place in individual areas of the zone of conflict carried out by uncontrolled armed groups, as a result of which part of the population experienced new privations.
DDR: Security sector→DDR→Demilitarisation provisions
Page 2, (2) ... There shall be complete disarmament and withdrawal of all kinds of volunteer units and individuals participating the conflict. Inspections by international observers are permitted at crossing points on the Psou River.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: Page 2, (2) ... Within five days after deployment in the zone of conflict, in accordance with a decision of the UN Security Council, of an additional number of international observers and following the arrival of peacekeeping forces the Parties shall carry out the withdrawal of all armed units, with their weapons and military equipment, from the Inguri River and other possible lines of active confrontation in the conflict zone to a distance to be determined by the officers commanding the peacekeeping forces and UNOMIC, with the agreement of the parties. Simultaneously, international observers and peacekeeping forces will enter the areas thus formed.
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, untitled preamble, An exchange of prisoners has taken place on the principle of “all for all”.
Vetting: No specific mention.
Victims: Page 1, untitled preamble, Work to find the missing and dead had not yet begun.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: From the UN, E. Brunner
Other international signatory: From the Russian Federation B. Pastukhov
From the CSCE V. Manno
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, There had been an increase in the number of international observers in the conflict zone.

Page 1-2, (2) The Parties agreed that the establishment of favourable conditions for further progress towards a political settlement and the practical implementation of agreements will be promoted by the deployment of a full-scale peacekeeping operation in Abkhazia. They have appealed to the UN Security Council at its forthcoming consideration of the activities of the United Nations Observer Mission in Georgia (UNOMIC) for an appropriate expansion of its mandate, inter alia, to entrust it with control of the non-resumption of hostilities in the zone of conflict. The Parties continued to favour the deployment in the conflict zone of UN peacekeeping forces or other forces authorized by
the United Nations. They expressed their mutual consent to the use of a Russian military contingent as part of such forces.

Page 2, (2) ... Within five days after deployment in the zone of conflict, in accordance with a decision of the UN Security Council, of an additional number of international observers and following the arrival of peacekeeping forces the Parties shall carry out the withdrawal of all armed units, with their weapons and military equipment, from the Inguri River and other possible lines of active confrontation in the conflict zone to a distance to be determined by the officers commanding the peacekeeping forces and UNOMIC, with the agreement of the parties. Simultaneously, international observers and peacekeeping forces will enter the areas thus formed.

Page 2, (2) ... Inspections by international observers are permitted at crossing points on the Psou River.

The Parties appeal to the Security Council for an intensification of the international civilian presence in the conflict zone and for this purpose it would be necessary to deploy appropriate civilian experts who will assist in resolving the problems of refugees and other humanitarian issues.
Enforcement mechanism: Page 1-2, (2) The Parties agreed that the establishment of favourable conditions for further progress towards a political settlement and the practical implementation of agreements will be promoted by the deployment of a full-scale peacekeeping operation in Abkhazia. They have appealed to the UN Security Council at its forthcoming consideration of the activities of the United Nations Observer Mission in Georgia (UNOMIC) for an appropriate expansion of its mandate, inter alia, to entrust it with control of the non-resumption of hostilities in the zone of conflict. The Parties continued to favour the deployment in the conflict zone of UN peacekeeping forces or other forces authorized by
the United Nations. They expressed their mutual consent to the use of a Russian military contingent as part of such forces.

Page 2, (3) In the view of the Parties a resolution of the problems of a settlement would be promoted by the establishment of a special voluntary fund under the aegis of the United Nations.
Related cases: No specific mention.
Source: UN Peacemaker; http://peacemaker.un.org/georgia-second-round94
Georgian Interior Ministry; http://www.rrc.ge/law/komunike_1994_01_13_r.htm [Russian]

Communiqué on the Second Round of Negotiations between the Georgian and Abkhaz Sides in Geneva

Geneva, 13 January 1994

The second round of negotiations on a comprehensive settlement to the Georgian-Abkhaz conflict took place on 11-13 January 1994 in Geneva under the aegis of the United Nations with the facilitation of Russia and with the participation of a representative of the OSCE and a representative of the United Nations High Commissioner for Refugees (UNHCR).

The negotiations were held in accordance with Security Council resolutions 849 of 9 July 1993, 854 of 6 August 1993, 858 of 24 August 1993, 876 of 19 October 1993, 881 of 4 November 1993 and 892 of 22 December 1993.

It was noted that the provisions of the Memorandum of Understanding of 1 December 1993 are, for the most part, being implemented.

An exchange of prisoners has taken place on the principle of “all for all”.

Representatives of UNHCR have undertaken a first preparatory visit with a view to examine the feasibility of voluntary return of refugees and displaced persons to their places of permanent residence.

There had been an increase in the number of international observers in the conflict zone.

On 15-16 December 1993 in Moscow a meeting took place of the group of experts consisting of representatives of the parties to the conflict, the United Nations, the Russian Federation and an observer of the OSCE to prepare recommendations on the political status of Abkhazia.

At the same time it was noted that hostilities took place in individual areas of the zone of conflict carried out by uncontrolled armed groups, as a result of which part of the population experienced new privations.

Work to find the missing and dead had not yet begun.

During the course of the second round of negotiations in Geneva the Parties emphasized the need to continue efforts for the early achievement of a comprehensive settlement of the conflict.

(1) The Parties reaffirmed their commitment not to use force or the threat of force against each other.

(2) The Parties agreed that the establishment of favourable conditions for further progress towards a political settlement and the practical implementation of agreements will be promoted by the deployment of a full-scale peacekeeping operation in Abkhazia.

They have appealed to the UN Security Council at its forthcoming consideration of the activities of the United Nations Observer Mission in Georgia (UNOMIC) for an appropriate expansion of its mandate, inter alia, to entrust it with control of the non-resumption of hostilities in the zone of conflict.

The Parties continued to favour the deployment in the conflict zone of UN peacekeeping forces or other forces authorized by

the United Nations.

They expressed their mutual consent to the use of a Russian military contingent as part of such forces.

Within five days after deployment in the zone of conflict, in accordance with a decision of the UN Security Council, of an additional number of international observers and following the arrival of peacekeeping forces the Parties shall carry out the withdrawal of all armed units, with their weapons and military equipment, from the Inguri River and other possible lines of active confrontation in the conflict zone to a distance to be determined by the officers commanding the peacekeeping forces and UNOMIC, with the agreement of the parties.

Simultaneously, international observers and peacekeeping forces will enter the areas thus formed.

There shall be complete disarmament and withdrawal of all kinds of volunteer units and individuals participating the conflict.

Inspections by international observers are permitted at crossing points on the Psou River.

The Parties appeal to the Security Council for an intensification of the international civilian presence in the conflict zone and for this purpose it would be necessary to deploy appropriate civilian experts who will assist in resolving the problems of refugees and other humanitarian issues.

(3) In the view of the Parties a resolution of the problems of a settlement would be promoted by the establishment of a special voluntary fund under the aegis of the United Nations.

(4) The Parties will continue to work out a Quadripartite Agreement on the voluntary return and repatriation to Abkhazia of refugees and displaced persons.

The Parties have agreed to establish a special commission on refugees consisting of the Parties, the UN and the Russian Federation which will begin work on 25 January 1994.

The Parties agreed to begin on 10 February 1994 the implementation of the phased process of the return of refugees and displaced persons to Abkhazia, and as a first step to the Gali region.

The Parties will take necessary measures to ensure the safety of refugees, displaced persons and personnel involved in this operation.

The Abkhaz side has the primary responsibility for the reception and security of the refugees and also of the above-mentioned personnel.

Moreover, to render them assistance in creating a safe environment conductive to the return of refugees and displaced persons.

The Parties are counting on effective assistance from UNHCR and, inter alia, on the commencement as soon as possible of operations in the zone of conflict by an interim division of UNHCR.

(5) The Parties recognize that the primary objective is a comprehensive political settlement of the conflict and that all efforts are contributions to its achievement.

They agreed to continue discussions of the problem of the political status of Abkhazia taking into account mutual interests.

The next meeting of experts on this issue will take place in Moscow beginning on 8 February 1994.

Their report will be considered at the next meeting of the parties and will be sent to the UN and the OSCE.

The UN, The OSCE and the Russian Federation call upon the parties to proceed from the need to observe the territorial integrity of Georgia and fully to ensure the interests of the entire multinational population of Abkhazia, this being the fundamental principles of a comprehensive settlement.

(6) The Parties expressed their interest in the establishment no later than 15 February of an international commission to assist in economic recovery in Abkhazia with the participation of

international and national organizations.

Among its highest priorities must be the restoration of vital facilities, transport, communications, airports, bridges and tunnels.

(7) The Parties to the negotiations agreed to hold their next meeting on 22 February 1994 in Moscow or Geneva.

For the Georgian side J. Ioseliani For the Abkhaz side S. Jinjolia In the presence of:

From the UN E. Brunner

From the Russian Federation B. Pastukhov From the OSCE V. Manno