Agreement on Ceasefire and the mechanisms of its implementation in Abkhazia

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Country/entity: Georgia
Abkhazia
Region: Europe and Eurasia
Agreement name: Agreement on Ceasefire and the mechanisms of its implementation in Abkhazia
Date: 27 Sep 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: Ceasefire/related
Conflict nature: Government/territory
Peace process: Abkhazia peace process
Parties: On behalf of Georgia V. Goguadze
On behalf of Abkhazia S. Jinjolia
On behalf of Russian Federation A. Kozirev
Third parties: -
Description: Ceasefire agreement provides for a cession of hostilities, the withdrawal of Georgian troops and the neutrality as well as protection of Russian Troops. Militias consisting of locals will be merged into the multinational internal troops of Abkhazia under the control of the Joint Commission. International peacekeepers will be deployed to observe the ceasefires. Before their deployment, interim monitoring groups of 3-9 Georgian-Abkhaz-Russian members will be deployed. International observers will also be deployed. Negotiations will continue under the aegis of the UN.

Agreement document: GE_930727_Agreement on Ceasefire in Abkhazia.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 2, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 6. ... The Sides to the conflict shall secure protection of multi-ethnic population.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Substantive
Page 2, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 6. ... The measures for returning of refugees to the places of their permanent residence will be carried out. In order to solve the problems relating to the refugees the Joint Commission shall set up special group.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: Page 2, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
7. ... The Sides shall secure protection of the Russian military servicemen and their families.

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: Page 2, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 8. The Sides shall comply with local laws and regulations and shall not impede the functioning of the local administration pursuant to the Moscow Final Document signed on 3 September 1992.
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→Merger of forces
Page 2, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 6. ... In accordance with the Moscow Final Document signed on 3 September 1992, the Unit of Interior Forces of Georgia shall be created from the local population in the conflict zone in order to protect rail and motor roads and important objects. The unit will be accommodated in barracks. Later on this unit will be included in the multinational Internal Troops of Abkhazia.

Page 2, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 6. ... Armed formations of Abkhazia will be included in the Regiment of Interior Troops that will exercise the barracks regime of operation and perform the function of internal troops until comprehensive settlement of the conflict (Protection of rail and motor roads, protection of important objects).
All of these activities are carried out under the strict control of the Joint Commission.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: Page 3, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 9. ... The agreement shall reflect conflict zone demilitarization and establishment of peace as well as the investigation of crimes, crimes against humanity and serious criminal offences as defined by international law and bring the perpetrators to justice.
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: No specific mention.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
1. The conflicting sides resume the regime of cease-fire and non-resumption of hostilities against each other agreed on 20 May of this year from 12.00h of 28 July 1993.
Usage of aviation, artillery, navigation and other military equipment is strictly prohibited.
The additional forces shall not be dispatched to the conflict zone (on the territory of Abkhazia); the mobilization shall not be announced; military equipment and ammunition shall not be delivered without agreement, as well as the construction of objects for military infrastructure.

Page 1, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 2. Georgian-Abkhaz-Russian interim monitoring groups (3-9 people) shall start operation from 29 July 1993. The sides shall agree the composition and personnel of the groups.
Interim monitoring groups shall observe cease-fire regime. They will be dislocated in Sukhumi, Gulripshi, Ochamchire, Gudauta, Novi Afon, Tkvarcheli, Gagra and Gali, and if necessary, upon agreement of the sides, such groups will be dislocated in other places as well. The monitoring groups are authorized to enter any place of the conflict of their interest after informing the sides about their intention. The conflicting sides shall secure protection of monitoring groups and provide them with adequate living conditions and means of transportation.
The monitoring groups may consider appeals of citizens on different issues.
After arrival of International observers, interim monitoring groups are to establish close cooperation with them.

Page 1, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 3. The sides of the conflict commit themselves to prevent any violation of the cease-fire agreement and take immediate and effective measures to implement the recommendations and suggestions of the monitoring groups.

Page 1, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 3. ... The UN and the OSCE shall be informed about the breach of commitments pledged by the sides under this Agreement.

Page 1, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 4. The joint Commission on conflict settlement shall be set up before 5 August 1993. Its Regulations shall be approved by the Sides. The participation of the UN and the OSCE representatives will be agreed upon with the Sides to the conflict.

Page 1, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 5. The sides shall consider necessity of inviting international observers and peacekeepers to the conflict zone. If the sides agree, the number of peacekeepers and structure shall be determined through the consultations with the UN Secretary-General and the Security Council.

Page 2, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 6. ... Since the cease-fire regime is observed, the multinational militia shall be created to maintain public order in the conflict zone; the number of personnel will be decided by the sides.

Page 2, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 6. ... The International peacekeeping forces will be used to observe cease-fire and protect public safety, as well as the Russian military contingent deployed in Abkhazia upon the consultations with the UNO.

Page 3, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 10. The Sides hereby commit themselves not to use the provisions of this Agreement, cease-fire regime - for the actions that may damage the interests of the Sides.
Police: No specific mention.
Armed forces: Page 1, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
1. ... The additional forces shall not be dispatched to the conflict zone (on the territory of Abkhazia); the mobilization shall not be announced; military equipment and ammunition shall not be delivered without agreement, as well as the construction of objects for military infrastructure.

Page 2, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 6. ... Immediate delivery of international observers is carried out and in 10-15 days after cease-fire is in force, the Georgian military formations shall be withdrawn from the territory of Abkhazia.

Page 2, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 6. ... Concurrently all armed formations, groups and individuals shall be withdrawn from the conflict zone.

Page 2, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 6. ... In accordance with the Moscow Final Document signed on 3 September 1992, the Unit of Interior Forces of Georgia shall be created from the local population in the conflict zone in order to protect rail and motor roads and important objects. The unit will be accommodated in barracks. Later on this unit will be included in the multinational Internal Troops of Abkhazia.

Page 2, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 6. ... Armed formations of Abkhazia will be included in the Regiment of Interior Troops that will exercise the barracks regime of operation and perform the function of internal troops until comprehensive settlement of the conflict (Protection of rail and motor roads, protection of important objects).

Page 2, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 6. ... Since the cease-fire regime is observed, the multinational militia shall be created to maintain public order in the conflict zone; the number of personnel will be decided by the sides.

Page 2, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 6. ... The International peacekeeping forces will be used to observe cease-fire and protect public safety, as well as the Russian military contingent deployed in Abkhazia upon the consultations with the UNO.
DDR: Security sector→DDR→Demilitarisation provisions
Page 1-2, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 6. Stepwise demilitarization shall be implemented.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 2, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 6. ... Armed formations of Abkhazia will be included in the Regiment of Interior Troops that will exercise the barracks regime of operation and perform the function of internal troops until comprehensive settlement of the conflict (Protection of rail and motor roads, protection of important objects).
Withdrawal of foreign forces: Page 2, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 6. ... Immediate delivery of international observers is carried out and in 10-15 days after cease-fire is in force, the Georgian military formations shall be withdrawn from the territory of Abkhazia.

Page 2, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 6. ... Concurrently all armed formations, groups and individuals shall be withdrawn from the conflict zone.

Page 2, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
7. Russian military troops, temporary deployed on the territory of Abkhazia, keep the strict neutrality.
The status of temporary presence of the Russian military troops and border troops, the conditions of their withdrawal and terms shall be determined by certain documents.
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→International courts
Page 3, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 9. ... The agreement shall reflect conflict zone demilitarization and establishment of peace as well as the investigation of crimes, crimes against humanity and serious criminal offences as defined by international law and bring the perpetrators to justice.
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: Page 1, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 4. The joint Commission on conflict settlement shall be set up before 5 August 1993. Its Regulations shall be approved by the Sides. The participation of the UN and the OSCE representatives will be agreed upon with the Sides to the conflict.

Page 1, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 5. The sides shall consider necessity of inviting international observers and peacekeepers to the conflict zone. If the sides agree, the number of peacekeepers and structure shall be determined through the consultations with the UN Secretary-General and the Security Council.

Page 2, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 6. ... Immediate delivery of international observers is carried out and in 10-15 days after cease-fire is in force, the Georgian military formations shall be withdrawn from the territory of Abkhazia.

Page 2, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
... 6. ... The International peacekeeping forces will be used to observe cease-fire and protect public safety, as well as the Russian military contingent deployed in Abkhazia upon the consultations with the UNO.

Page 2, The representatives of the conflicting sides with the mediation of the Russian Federation agreed upon the following:
7. Russian military troops, temporary deployed on the territory of Abkhazia, keep the strict neutrality.
The status of temporary presence of the Russian military troops and border troops, the conditions of their withdrawal and terms shall be determined by certain documents.
The Sides shall secure protection of the Russian military servicemen and their families.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Georgian Ministry of Foreign Affairs; http://www.rrc.ge/law/xels_1993_07_27_e.htm

AGREEMENT on Ceasefire and the mechanisms of its implementation in Abkhazia

The representatives of the conflicting sides with the mediation of the Russian Federation

agreed upon the following:

1. The conflicting sides resume the regime of cease-fire and non-resumption of hostilities against each other agreed on 20 May of this year from 12.00h of 28 July 1993.

Usage of aviation, artillery, navigation and other military equipment is strictly prohibited.

The additional forces shall not be dispatched to the conflict zone (on the territory of Abkhazia);

the mobilization shall not be announced;

military equipment and ammunition shall not be delivered without agreement, as well as the construction of objects for military infrastructure.

2. Georgian-Abkhaz-Russian interim monitoring groups (3-9 people) shall start operation from 29 July 1993.

The sides shall agree the composition and personnel of the groups.

Interim monitoring groups shall observe cease-fire regime.

They will be dislocated in Sukhumi, Gulripshi, Ochamchire, Gudauta, Novi Afon, Tkvarcheli, Gagra and Gali, and if necessary, upon agreement of the sides, such groups will be dislocated in other places as well.

The monitoring groups are authorized to enter any place of the conflict of their interest after informing the sides about their intention.

The conflicting sides shall secure protection of monitoring groups and provide them with adequate living conditions and means of transportation.

The monitoring groups may consider appeals of citizens on different issues.

After arrival of International observers, interim monitoring groups are to establish close cooperation with them.

3. The sides of the conflict commit themselves to prevent any violation of the cease-fire agreement and take immediate and effective measures to implement the recommendations and suggestions of the monitoring groups.

The UN and the OSCE shall be informed about the breach of commitments pledged by the sides under this Agreement.

4. The joint Commission on conflict settlement shall be set up before 5 August 1993.

Its Regulations shall be approved by the Sides.

The participation of the UN and the OSCE representatives will be agreed upon with the Sides to the conflict.

5. The sides shall consider necessity of inviting international observers and peacekeepers to the conflict zone.

If the sides agree, the number of peacekeepers and structure shall be determined through the consultations with the UN Secretary-General and the Security Council.

6. Stepwise demilitarization shall be implemented.

Immediate delivery of international observers is carried out and in 10-15 days after cease- fire is in force, the Georgian military formations shall be withdrawn from the territory of Abkhazia.

Concurrently all armed formations, groups and individuals shall be withdrawn from the conflict zone.

In accordance with the Moscow Final Document signed on 3 September 1992, the Unit of Interior Forces of Georgia shall be created from the local population in the conflict zone in order to protect rail and motor roads and important objects.

The unit will be accommodated in barracks.

Later on this unit will be included in the multinational Internal Troops of Abkhazia.

Armed formations of Abkhazia will be included in the Regiment of Interior Troops that will exercise the barracks regime of operation and perform the function of internal troops until comprehensive settlement of the conflict (Protection of rail and motor roads, protection of important objects).

All of these activities are carried out under the strict control of the Joint Commission.

Since the cease-fire regime is observed, the multinational militia shall be created to maintain public order in the conflict zone;

the number of personnel will be decided by the sides.

The International peacekeeping forces will be used to observe cease-fire and protect public safety, as well as the Russian military contingent deployed in Abkhazia upon the consultations with the UNO.

The Sides to the conflict shall secure protection of multi-ethnic population.

The measures for returning of refugees to the places of their permanent residence will be carried out.

In order to solve the problems relating to the refugees the Joint Commission shall set up special group.

7. Russian military troops, temporary deployed on the territory of Abkhazia, keep the strict neutrality.

The status of temporary presence of the Russian military troops and border troops, the conditions of their withdrawal and terms shall be determined by certain documents.

The Sides shall secure protection of the Russian military servicemen and their families.

8. The Sides shall comply with local laws and regulations and shall not impede the functioning of the local administration pursuant to the Moscow Final Document signed on 3 September 1992.

9. The Sides to the conflict shall continue negotiations under the aegis of the United Nations with the facilitation of the Russian Federation aimed at comprehensive settlement of the conflict in Abkhazia.

The agreement shall reflect conflict zone demilitarization and establishment of peace as well as the investigation of crimes, crimes against humanity and serious criminal offences as defined by international law and bring the perpetrators to justice.

10. The Sides hereby commit themselves not to use the provisions of this Agreement, cease- fire regime - for the actions that may damage the interests of the Sides.

On behalf of Georgia V. Goguadze

On behalf of Abkhazia S. Jinjolia

On behalf of Russian Federation A. Kozirev 27 July 1993