Gali Protocol of 8th October 2003 on reducing the tension and improving the mechanisms for security in the conflict zone

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Country/entity: Georgia
Abkhazia
Region: Europe and Eurasia
Agreement name: Gali Protocol of 8th October 2003 on reducing the tension and improving the mechanisms for security in the conflict zone
Date: 8 Oct 2003
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: Ceasefire/related
Conflict nature: Government/territory
Peace process: Abkhazia peace process
Parties: The Georgian delegation was led by Malkhaz kakabadze, the Abkhaz delegation – by Sergei Shamba.
Third parties: Convened upon the initiative of the Special Representative of the UN Secretary General Heidi Tagliavini. the CPKF was represented by General-Major Namokonov. The meeting was chaired by the military observer General-Major Kazi-Ashfak.
Description: Short agreement attempting to re-affirm a ceasefire agreement, following heightened insecurity in the Gali region.

Agreement document: GE_031008_Gali Protocol.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: No specific mention.
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: 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: 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: 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: Page 1, The sides agreed on the following:
1.2. To exchange the list of offences that, as reported by the sides, were committed in the conflict zone, particularly in Gali District.

Page 1, The sides agreed on the following:
1.3. The both sides agreed to address every single offense and the perpetrators will be punished.
Ceasefire: Security sector→Ceasefire→General commitments
[Summary] The agreement in its entirety provides for security guarantees designed to safeguard and implement an earlier ceasefire agreement.

Page 1, The sides agreed on the following:
1.1. To cooperate and take the immediate steps to put en end to the offensive acts, regardless of their character, which seriously affect the security in the conflict zone.
Police: Page 1, 2. In the light of commencing the work of the Civil Police of the UNOMIG in the future, the sides agreed to establish full-scale cooperation with it in fighting against crime and offenders and through it to raise effectiveness of existing mechanisms aimed at improving the situation in law-enforcement.
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 1, 1.3. The both sides agreed to address every single offense and the perpetrators will be punished.
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: convened upon the initiative of the Special Representative of the UN Secretary General Heidi Tagliavini in the headquarter of Gali sector of the UNOMIG
Other international signatory: CPKF was represented by General-Major Namokonov
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian; http://www.rrc.ge/law/Protoc_2003_10_08_e.htm

GALI PROTOCOL

of 8 October 2003 on reducing the tension and improving the mechanisms for security in the conflict zone

The extraordinary Quadripartite Meeting at the high level was held on 8 October 2003 that was convened upon the initiative of the Special Representative of the UN Secretary General Heidi Tagliavini in the headquarter of Gali sector of the UNOMIG due to the worsening of security situation in the conflict zone, especially in Gali District.

The Georgian delegation was led by Malkhaz kakabadze, the Abkhaz delegation – by Sergei Shamba, the CPKF was represented by General-Major Namokonov.

The Special Representative of the UN Secretary General opened the meeting.

The meeting was chaired by the military observer General-Major Kazi-Ashfak.

The principal topic in the agenda was the deterioration of security situation in the conflict zone, particularly in Gali District, as well as the measures aimed at preventing the escalation of the situation and improving the cooperation between the sides.

The Georgian and the Abkhaz sides reaffirmed their obligations with respect of security that was adopted in the previous documents, underlining the importance of the resolutions by the Security Council of the UN;

the participants discussed the further steps for improving the existing mechanisms.

The sides agreed on the following:

1.1. To cooperate and take the immediate steps to put en end to the offensive acts, regardless of their character, which seriously affect the security in the conflict zone.

1.2. To exchange the list of offences that, as reported by the sides, were committed in the conflict zone, particularly in Gali District.

1.3. The both sides agreed to address every single offense and the perpetrators will be punished.

In the light of commencing the work of the Civil Police of the UNOMIG in the future, the sides agreed to establish full-scale cooperation with it in fighting against crime and offenders and through it to raise effectiveness of existing mechanisms aimed at improving the situation in law-enforcement.

The sides agreed to have the next meeting on 9 December 2003 at the same high level in order to give the assessment to the progress achieved through the cooperation, as well as to find the possibilities to raise the effectives of existing mechanisms, such as quadripartite meeting and the activity of the group of human rights within the frame of these mechanisms.

For the Abkhaz side S. Shamba

For the Georgian side M. Kakabadze For the UNOMIG Kazi Ashfak

For the CIS CPKF Namokonov