Protocol of the Meeting of Representatives of the Parties on the Implementation of the Agreement on Principles of Settlement of the Georgian-Ossetian Conflict

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Country/entity: Georgia
Russia
Ossetia
Region: Europe and Eurasia
Agreement name: Protocol of the Meeting of Representatives of the Parties on the Implementation of the Agreement on Principles of Settlement of the Georgian-Ossetian Conflict
Date: 4 Jul 1992
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: South Ossetia peace process
Parties: Russian Federation: S. K. Shoigu, F. N. Kovalev, A. N. Kulikov, S. A. Mikhailov, A. E. Safonov, I. L.Vorobyev, G. B. Filatov, A. Kh.Galazov, S. V. Khetagurov, I. G. Biragova, S. N. Suanova, I. L. Bzaev, G. M. Kantemirov.

Republic of Georgia: T. K. Kitovani, A. I. Kavsadze, R. L. Gventsadze, G. V. Pipia, T. G. Kulumbegov, V. N. Khubulov, S. I. Kochiev, P. G. Gazaev, L. K.Tibilov, A. N. Kabisov, O. D. Teziev

SIGNED: S. K. Shoigu, T. Kitovani, A. Kh. Galazov, T. G. Kulumbegov
Third parties: -
Description: Short agreement outlining the tasks and responsibilities of the Mixed Control Commission including its composition. It is responsible for; ceasefire monitoring; withdrawal of armed forces; DDR; creation of local militia for policing; arrangement of a multilateral press centre; investigation of violations of the Sochi Agreement; among other tasks.

Agreement document: GE_RU_920704_Protocol on the Implementation of the Agreement on Principles of Settlement of the Georgian.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, As a result of the meeting the Parties decided:
... 4. Representatives of the Parties shall entrust the Mixed Control Commission with a task of promoting the process of restoration of management organs responsible for social and economic issues, return and well-being of refugees, as well as organs of law enforcing structures.
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: Power sharing→Military power sharing→Merger of forces
Page 1, As a result of the meeting the Parties decided:
... 3. To entrust the Joint Control Commission with implementing of the following functions:
... c) To create mixed armed groups- accountable immediately before the leadership of MCC- aimed at securing peace and maintaining order in the region;
d) To elaborate strategy and tactics in terms of application of mixed forces;

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 1, As a result of the meeting the Parties decided:
... 3. To entrust the Mixed Control Commission with implementing of the following functions:
... e) To set up a special multilateral press-center;
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, As a result of the meeting the Parties decided:
1. To set up a Mixed Control Commission (MCC) composed of the following officials: S. K. Shoigu, G. V. Filatov, S. V. Khetagurov, S. N. Suanova, O. D. Teziev, P. G. Gazaev, T. K. Kitovani, P. Georgadze, N. Lomouri, E. Sabanadze, G. Tushurashvili.

Page 1, As a result of the meeting the Parties decided:
... 2. To entrust T.Kitovani, S.Shouigu and S.Khetagurov with the responsibilities of co- Chairmanship of the Mixed Control Commission (MCC).

Page 1, As a result of the meeting the Parties decided:
... 3. To entrust the Mixed Control Commission with implementing of the following functions:
a) To exercise control over the implementation of cease-fire, withdrawal of armed formations, disband of forces of self-defense and to maintain the regime of security in the conflict zone;

Page 1, As a result of the meeting the Parties decided:
... 3. To entrust the Mixed Control Commission with implementing of the following functions:
... b) To define together with the commanders of opposing armed groups the pattern of separation of forces and cease-fire regime;

Page 1, As a result of the meeting the Parties decided:
... 3. To entrust the Mixed Control Commission with implementing of the following functions:
... b) To define together with the commanders of opposing armed groups the pattern of separation of forces and cease-fire regime;
... f) To initiate investigation of potential violations of the Sochi agreement and take all necessary measures for non-admission of such violations;
Police: Page 2, As a result of the meeting the Parties decided:
... 7. To restore the organizational and activities of local law enforcing bodies that shall be accountable to the MCC.
Armed forces: Page 1, As a result of the meeting the Parties decided:
... 3. To entrust the Mixed Control Commission with implementing of the following functions:
a) To exercise control over the implementation of cease-fire, withdrawal of armed formations, disband of forces of self-defense and to maintain the regime of security in the conflict zone;

Page 1, As a result of the meeting the Parties decided:
... 3. To entrust the Mixed Control Commission with implementing of the following functions:
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, As a result of the meeting the Parties decided:
... 3. To entrust the Mixed Control Commission with implementing of the following functions:
a) To exercise control over the implementation of cease-fire, withdrawal of armed formations, disband of forces of self-defense and to maintain the regime of security in the conflict zone;

Page 1, As a result of the meeting the Parties decided:
... 3. To entrust the Mixed Control Commission with implementing of the following functions:
... b) To define together with the commanders of opposing armed groups the pattern of separation of forces and cease-fire regime;

Page 1, As a result of the meeting the Parties decided:
... 3. To entrust the Mixed Control Commission with implementing of the following functions:
... c) To create mixed armed groups- accountable immediately before the leadership of MCC- aimed at securing peace and maintaining order in the region;
Withdrawal of foreign forces: Page 1, As a result of the meeting the Parties decided:
... 3. To entrust the Mixed Control Commission with implementing of the following functions:
a) To exercise control over the implementation of cease-fire, withdrawal of armed formations, disband of forces of self-defense and to maintain the regime of security in the conflict zone;
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: 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: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Georgia Ministry of Foreign Affairs Archive; http://www.rrc.ge/law/oqm_1992_07_04_e.htm

PROTOCOL OF THE MEETING OF REPRESENTATIVES OF THE PARTIES on the Implementation of the Agreement on Principles of Settlement of the Georgian- Ossetian Conflict

Striving for immediate cessation of bloodshed and achieving comprehensive settlement of the conflict between Ossetians and Georgians, being guided by the desire to restore peace and stability in the region, and pursuant to the Agreement signed on 24 June 1992 in the town of Sochi and the Minutes signed on 3 July 1992 in the town of Tskhinvali, the Parties composed of the following representatives:

S. K. Shoigu, F. N. Kovalev, A. N. Kulikov, S. A. Mikhailov, A. E. Safonov, I. L.Vorobyev, G. B. Filatov, A. Kh.

Galazov, S. V. Khetagurov, I. G. Biragova, S. N. Suanova, I. L. Bzaev, G. M. Kantemirov.

T. K. Kitovani, A. I. Kavsadze, R. L. Gventsadze, G. V. Pipia,

T. G. Kulumbegov, V. N. Khubulov, S. I. Kochiev, P. G. Gazaev, L. K.Tibilov, A. N. Kabisov, O. D. Teziev

Held the meeting on 4 July 1992 in the town of Vladikavkaz.

As a result of the meeting the Parties decided:

1. To set up a Mixed Control Commission (MCC) composed of the following officials:

S. K. Shoigu, G. V. Filatov, S. V. Khetagurov, S. N. Suanova, O. D. Teziev, P. G. Gazaev, T. K. Kitovani, P. Georgadze, N. Lomouri, E. Sabanadze, G. Tushurashvili.

2. To entrust T.Kitovani, S.Shouigu and S.Khetagurov with the responsibilities of co- Chairmanship of the Mixed Control Commission (MCC).

3. To entrust the Mixed Control Commission with implementing of the following functions:

a) To exercise control over the implementation of cease-fire, withdrawal of armed formations, disband of forces of self-defense and to maintain the regime of security in the conflict zone;

b) To define together with the commanders of opposing armed groups the pattern of separation of forces and cease-fire regime;

c) To create mixed armed groups- accountable immediately before the leadership of MCC- aimed at securing peace and maintaining order in the region;

d) To elaborate strategy and tactics in terms of application of mixed forces;

e) To set up a special multilateral press-center;

f) To initiate investigation of potential violations of the Sochi agreement and take all necessary measures for non-admission of such violations;

4. Representatives of the Parties shall entrust the Mixed Control Commission with a task of promoting the process of restoration of management organs responsible for social and economic issues, return and well-being of refugees, as well as organs of law enforcing structures.

5. The MCC shall submit balanced report about its activities to the government of the Parties involved.

6. The Mixed Control Commission shall start carrying out its functions immediately upon signing of this Minutes.

7. To restore the organizational and activities of local law enforcing bodies that shall be accountable to the MCC.

S. K. Shoigu, T. Kitovani, A. Kh.

Galazov, T. G. Kulumbegov

4 July 1992