Protocol of the Eighth Meeting of Expert Groups of Authorized Delegation of Sides Carried out in the Framework of Negotiation Processes on the Full-Scale Settlement of the Georgian-Ossetian Conflict

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Country/entity: Georgia
Russia
Ossetia
Region: Europe and Eurasia
Agreement name: Protocol of the Eighth Meeting of Expert Groups of Authorized Delegation of Sides Carried out in the Framework of Negotiation Processes on the Full-Scale Settlement of the Georgian-Ossetian Conflict
Date: 29 Oct 2002
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: Government/territory
Peace process: South Ossetia peace process
Parties: South Ossetian side
Georgian side 
Russian Federation side
North Ossetian side
Third parties: -
Description: Agreement outlines outstanding issues in the Ossetia process, including media concerns, refugee matters, the reconstruction of roads, the restoration of key social services such as hospitals. It also iterates that talks will continue.

Agreement document: GE_RU_021029_Protocol of the Eighth Meeting of Expert Group on Full-scale Settlement.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 2, Untitled Preamble,
... Sides elaborated following recommendations:
... 6. Georgian side to speed up elaboration and adoption of the legislation on restoration and protection tights of refugees, forcedly moved and other persons, suffered from Georgian- Ossetian conflict on living space and property;
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: Page 3, Untitled Preamble,
... Sides elaborated following recommendations:
... 11. Co-chairman of СКК to organize meetings between residents of settlements within the conflict zone with the aim to reinforce and develop trust between sides involved in the conflict. ...
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: Rights related issues→Media and communication→Media roles
Page 2, Untitled Preamble,
... Sides elaborated following recommendations:
... 2. To start publishing СКК bulletin with the aim to keep population informed on the progress being made in the process of peaceful settlement;

Page 2, Untitled Preamble,
... Sides elaborated following recommendations:
... 3. To hold session of СКК, where issues of СКK’s operation, introduction clarities into the mechanism of its operation and appropriateness of recently arranged block-posts of law- enforcement bodies within the conflict zone will be discussed.

Page 2, Untitled Preamble,
... Sides elaborated following recommendations:
... 4. To consider expedient regular appearance of the political authorities of Georgia and South Ossetia in mass media supporting resolution of Georgian-Ossetian conflict and explanation of importance of steps being taken in the process of settlement.

Page 2, Untitled Preamble,
... Sides elaborated following recommendations:
... 5. Sides to broadcast new, interactive and other types of programs providing direct contact with representatives of both sides in live with the aim to strengthen trust in the conflict zone.
Mobility/access: No specific mention.
Protection measures: Rights related issues→Protection measures→Protection of groups
Page 2, Untitled Preamble,
... Sides elaborated following recommendations:
... 6. Georgian side to speed up elaboration and adoption of the legislation on restoration and protection tights of refugees, forcedly moved and other persons, suffered from Georgian- Ossetian conflict on living space and property;
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 3, Untitled Preamble,
... Sides elaborated following recommendations:
... 7. Corresponding bodies of both sides to discuss issue of reconstruction of roads within the conflict zone and also in the areas of mixed residence of Georgian and Ossetian population.

Page 3, Untitled Preamble,
... Sides elaborated following recommendations:
... 8. Sides to search possibility for the rehabilitation and reinforcement of resource base of objects of social purpose within the conflict zone (Hospital in Tskhinvali, etc.) in order to increase trust between sides.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Page 3, Untitled Preamble,
... Sides elaborated following recommendations:
... 9. OSCE missions in Georgia to continue holding meetings with the representatives of donors of specific projects.
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: No specific mention.
Police: Page 2, Untitled Preamble,
... Sides elaborated following recommendations:
... 3. To hold session of СКК, where issues of СКK’s operation, introduction clarities into the mechanism of its operation and appropriateness of recently arranged block-posts of law- enforcement bodies within the conflict zone will be discussed.
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: Page 1, Untitled Preamble,
... Participant of the meeting condemned hostage-taking act in Moscow, which entailed numerous victims. ...

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: Mr. Antoniu Martinsh da Kruje, acting head of OSCE, Minister of Foreign Affairs of Portugal participated in the meeting.
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 Georgian Ministry of Affairs; http://www.rrc.ge/law/protos_2002_26_10_E.htm

PROTOCOL OF 8TH MEETING OF EXPERT GROUPS OF AUTHORIZED DELEGATIONS OF SIDES CARRIED OUT IN THE FRAMEWORK OF NEGOTIATION PROCESSES ON THE FULL-SCALE SETTLEMENT OF THE GEORGIAN-OSSETIAN CONFLICT

Kashtelu Branku – Lisbon, 29-29 October 2002.

In accordance with the Protocol of 7th meeting of expert groups of authorized delegations of sides (Tskhinvali, 4 October 2002) the 8th meeting of expert groups of authorized delegations of sides was held in Kashtelu Branku and Lisbon (Portugal) on 26-29 October 2002 in the framework of negotiation processes on the full-scale settlement of the Georgian-Ossetian conflict through the mediation of Russian Federation, with the participation of representative of the Republic of South Ossetia – Alania, OSCE and the European Commission (list of participants attached).

Mr. Antoniu Martinsh da Kruje, acting head of OSCE, Minister of Foreign Affairs of Portugal participated in the meeting.

Participant of the meeting condemned hostage-taking act in Moscow, which entailed numerous victims.

Participants discussed situation around the conflict zone, measures to be taken in order to increase trust, guarantee for safety and realization of the agreement, and also the role of economic rehabilitation of the zone in the process of political settlement.

Participants agreed on that the previous meetings of expert groups and discussion of different aspects of political settlement, among them discussion of a draft interim document, served for improvement of mutual understanding between sides and widened basis for searching ways of settlement of the conflict acceptable for both sides.

Sides noted in alarm that the situation has been getting worse for last months, links between law-enforcement bodies and СКЦ have weakened, and that diversion from some of important agreements are being noted.

Incorrect expressions and their interpretations made by mass media resulted in lowering the level of trust reached by Georgian and South Ossetian sides.

Disregard or slow implementation of reached agreements raises suspicion among the people regarding perspectives of peaceful settlement of the problem.

Starting with regret, that the positive dynamic of conflict resolution process has been substantially violated, participants expressed their common opinion on necessity of taking effective measures, which will prevent future complications of the situation.

Sides once again underlined importance of following principals of peaceful settlement of the Georgian-Ossetian conflict, set pit in the Agreement of 24 July 1992.

Being assured in need for the fastest elimination of negative tendencies emerging recently, both sides confirm the necessity to undeviatingly follow the agreements reached earlier, reinforce measures of trust, guarantee of safety and take steps towards peaceful settlement of the conflict.

Participants underlined importance of implementation of the rehabilitation projects in order to create favorable conditions for political resolution of the problem.

They also mentioned that in order to attract investments for economic rehabilitation of the zone it is important to make definite progress in the process of political settlement of the conflict.

Participants noted particular importance of the Agreement of 23 December 2000 concluded between Governments of Russian Federation and Georgia on cooperation in the rehabilitation of economy within the zone of Georgia – South Ossetia conflict and in bringing back adoption and implementation of programs of free-will return of refugees and also regretted rate of elaboration of intergovernmental Russian-Georgian program on cooperation in rehabilitation of the economy within the zone of Georgia- South Ossetian conflict and mechanisms of its implementation.

Participants were informed on new proposals made by the European Commission regarding implementation of project, among them MTDS project, monitoring of economic situation and evaluation of demands within the conflict zone and recommended sides in conflict to hold internal consultations as soon as possible in order to study proposals in details and for their future discussions with the European Commission.

Representatives of the European Commission expresses will of the European Commission to participate in the work of experts group of authorized delegations of sides.

Participants of the meeting recommended the European Commission and sides to carry out all procedures required for the resolution of this issue.

Sides elaborated following recommendations:

1. To organize series of meetings for parliament representatives of side;

2. To start publishing СКК bulletin with the aim to keep population informed on the progress being made in the process of peaceful settlement;

3. To hold session of СКК, where issues of СКЦ’s operation, introduction clarities into the mechanism of its operation and appropriateness of recently arranged block-posts of law- enforcement bodies within the conflict zone will be discussed.

4. To consider expedient regular appearance of the political authorities of Georgia and South Ossetia in mass media supporting resolution of Georgian-Ossetian conflict and explanation of importance of steps being taken in the process of settlement.

5. Sides to broadcast new, interactive and other types of programs providing direct contact with representatives of both sides in live with the aim to strengthen trust in the conflict zone.

6. Georgian side to speed up elaboration and adoption of the legislation on restoration and protection tights of refugees, forcedly moved and other persons, suffered from Georgian- Ossetian conflict on living space and property;

7. Corresponding bodies of both sides to discuss issue of reconstruction of roads within the conflict zone and also in the areas of mixed residence of Georgian and Ossetian population.

8. Sides to search possibility for the rehabilitation and reinforcement of resource base of objects of social purpose within the conflict zone (Hospital in Tskhinvali, etc.)

in order to increase trust between sides.

9. OSCE missions in Georgia to continue holding meetings with the representatives of donors of specific projects.

10. Sides to speed up implementation of the Russian-Georgian Agreement of 23 December 2000.

11. Co-chairman of СКК to organize meetings between residents of settlements within the conflict zone with the aim to reinforce and develop trust between sides involved in the conflict.

Sides expressed their appreciation to Portuguese chairmanship of OSCE and Portugal Government for their invitation to hold 8th meeting of expert groups in Kashtelu Branku and Lisbon.

Sides thanked Kashtelu Branku authorities for their hospitality.

South Ossetian side Georgian side

Russian Federation side North Ossetian side