Protocol of the Meeting between the Georgian and Abkhaz Sides on the Issue of Stabilization of the Situation in the Zone of Conflict

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Country/entity: Georgia
Russia
Abkhazia
Region: Europe and Eurasia
Agreement name: Protocol of the Meeting between the Georgian and Abkhaz Sides on the Issue of Stabilization of the Situation in the Zone of Conflict
Date: 17 Jan 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: Ceasefire/related
Conflict nature: Government/territory
Peace process: Abkhazia peace process
Parties: From the Georgian Side M. Kakabadze;
From the Abkhaz Side R. Khajimba
Third parties: under chairmanship of Mr. Dieter Boden -the Special Representative of the UN Secretary General and in presence of Major General A Evteev - Chief of the Joint Staff of the CIS PKF.
Description: Agreement outlines the patrolling of the Kodori George, the withdrawal of Georgian troops, the allowance for UN observers to inspect Tkvarcheli for heavy weaponry, which shall be withdrawn, Abkhaz adhereance to not introduce millitary formations into Kodori and not target civilians. Finally, the UN General Secretary shall endeavor aimed at securing a non-resumption of hostilities.

Agreement document: GE_020117_PROTOCOL of the Meeting between the Georgian and Abkhaz Sides on the Issue of Stabilization of the Situation in the Zone of Conflict.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 Parties ... agreed on the following:
... 5. The Parties call upon the Special Representative of the UN Secretary General to activate endeavors aimed at securing peace and non-resumption of hostilities, as stipulated by the Yalta Statement of the Georgian and Abkhaz Sides adopted on 15-16 March 2001.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, Page 1, The Parties to the conflict confirmed their commitment to exclusively peaceful means of settlement of the conflict and agreed on the following:
... 3. Simultaneously with the starting of the process of withdrawal of the troops, military observers of the UN in association with the Abkhaz Side shall carry out inspection of Tkvarcheli and the lower part of the Kodori Valley to verify the presence or absence of heavy weaponry. In case the identification of heavy weapons in the region, the Abkhaz Side shall withdraw it.

Page 1, The Parties to the conflict confirmed their commitment to exclusively peaceful means of settlement of the conflict and agreed on the following:
...4. The Abkhaz Side commits itself not introduce its military formations on the territory of the Kodori Valley, beginning from the check point #107 of CIS Peace-keeping forces, as well as not use force against the peaceful population of the Kodori Valley, including air bombardment.
Police: No specific mention.
Armed forces: ... 3. Simultaneously with the starting of the process of withdrawal of the troops, military observers of the UN in association with the Abkhaz Side shall carry out inspection of Tkvarcheli and the lower part of the Kodori Valley to verify the presence or absence of heavy weaponry. In case the identification of heavy weapons in the region, the Abkhaz Side shall withdraw it.

Page 1, The Parties ... agreed on the following:
... 4. The Abkhaz Side commits itself not introduce its military formations on the territory of the Kodori Valley, beginning from the check point #107 of CIS Peace-keeping forces, as well as not use force against the peaceful population of the Kodori Valley, including air bombardment.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: Page 1, The Parties ... agreed on the following:
... 2. In addition to the aforementioned and in conformity with the paragraph 2.4 of the Moscow Agreement, the Georgian Side shall start withdrawal of its troops from the Kodori Valley. The starting date of withdrawal of troops shall be defined by the Parties in the first decade of February 2002 in the course of negotiations.
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: UNOMIG D. Boden
Other international signatory: Page 1, CIS PKF A. Evteev
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, The Parties ... agreed on the following:
1. Beginning from February 1, 2002 a regular patrolling by the peacekeeping forces and international observers, provided their security guaranteed by the Parties, shall be carried out in the Kodori Valley.

Page 1, The Parties ... agreed on the following:
... 3. Simultaneously with the starting of the process of withdrawal of the troops, military observers of the UN in association with the Abkhaz Side shall carry out inspection of Tkvarcheli and the lower part of the Kodori Valley to verify the presence or absence of heavy weaponry. In case the identification of heavy weapons in the region, the Abkhaz Side shall withdraw it.
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) Source: http://www.rrc.ge/law/oqm_2002_01_17_e.htm

PROTOCOL OF THE MEETING BETWEEN THE GEORGIAN AND ABKHAZ SIDES on the Issue of Stabilization of the Situation in the Zone of Conflict

On 17 January 2002 in the village of Chuburkhinji of the Gali region, a meeting between the Georgian and Abkhazian Sides on the issue of stabilization of the situation in the zone of Conflict took place under chairmanship of Mr. Dieter Boden -the Special Representative of the UN Secretary General and in presence of Major General A Evteev - Chief of the Joint Staff of the CIS PKF.

The Georgian Delegation was headed by Mr. M.Kakabadze, the Abkhaz Delegation was headed by Mr. R.Khajimba.

The Parties to the conflict confirmed their commitment to exclusively peaceful means of settlement of the conflict and agreed on the following:

1. Beginning from February 1, 2002 a regular patrolling by the peacekeeping forces and international observers, provided their security guaranteed by the Parties, shall be carried out in the Kodori Valley.

2. In addition to the aforementioned and in conformity with the paragraph 2.4 of the Moscow Agreement, the Georgian Side shall start withdrawal of its troops from the Kodori Valley.

The starting date of withdrawal of troops shall be defined by the Parties in the first decade of February 2002 in the course of negotiations.

3. Simultaneously with the starting of the process of withdrawal of the troops, military observers of the UN in association with the Abkhaz Side shall carry out inspection of Tkvarcheli and the lower part of the Kodori Valley to verify the presence or absence of heavy weaponry.

In case the identification of heavy weapons in the region, the Abkhaz Side shall withdraw it.

4. The Abkhaz Side commits itself not introduce its military formations on the territory of the Kodori Valley, beginning from the check point #107 of CIS Peace-keeping forces, as well as not use force against the peaceful population of the Kodori Valley, including air bombardment.

5. The Parties call upon the Special Representative of the UN Secretary General to activate endeavors aimed at securing peace and non-resumption of hostilities, as stipulated by the Yalta Statement of the Georgian and Abkhaz Sides adopted on 15-16 March 2001.

From the Georgian Side M. Kakabadze From the Abkhaz Side R. Khajimba From the UNOMIG D. Boden

From the CIS PKF A. Evteev

17 January 2002