Protocol of the Third Session of the Coordinating Council of the Georgian and Abkhaz Sides

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Country/entity: Georgia
Russia
Abkhazia
Region: Europe and Eurasia
Agreement name: Protocol of the Third Session of the Coordinating Council of the Georgian and Abkhaz Sides
Date: 31 Mar 1998
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: Abkhazia peace process
Parties: The Georgian side was represented by the delegation comprising Mr. Vazha Lordkipanidze, Mr. Revaz Adamia, and Mr. Tamaz Khubua.
The Abkhazian side was represented by the delegation comprising Mr. Tamaz Ketsba, Mr. Sergey Tsargush, and Mr. Victor Khashba.
Third parties: chaired by the UN Secretary General’s Special Representative Mr. Liviu Bota;
the Russian Federation acting as a facilitating side, OSCE, and the UN Secretary General’s group of friends
Description: Council agrees to 4 points; (1) speed up the completion of the mechanism for UNOMIG or CIS CPKF to investigate violations of ceasefire; (2) for the 2nd Working Group to consider and prepare recommendations for the return of refugees; (3) for the 3rd working group to consider Russia's proposal to sent agricultural and industrial products for the sake of humanitarian aid; (4) to organise another meeting in 1998 for the elaboration of means to implement paragraph 14 of the Geneva Final Statement.

Agreement document: GE_980331_PROTOCOL OF THE THIRD SESSION OF THE COORDINATING COUNCIL OF THE GEORGIAN AND ABKHAZIAN SIDES.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: No specific mention.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
PROTOCOL OF THE THIRD SESSION OF THE COORDINATING COUNCIL OF THE GEORGIAN AND ABKHAZIAN SIDES
Page 1-2, The Council made the following decision:
1. Charge the 1st working group to speed up elaboration of the mechanism, in which representatives of the sides, UNOMIG and/or CIS CPKF could participate in order to investigate and prevent facts violating the Moscow Agreement on Cease-fire and Separation of Forces, as well as subversive and terrorist acts carried out in the conflict zone, including the mechanism of exchange of information;
Police: No specific mention.
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: PROTOCOL OF THE THIRD SESSION OF THE COORDINATING COUNCIL OF THE GEORGIAN AND ABKHAZIAN SIDES
Page 1-2, The Council made the following decision:
1. Charge the 1st working group to speed up elaboration of the mechanism, in which representatives of the sides, UNOMIG and/or CIS CPKF could participate in order to investigate and prevent facts violating the Moscow Agreement on Cease-fire and Separation of Forces, as well as subversive and terrorist acts carried out in the conflict zone, including the mechanism of exchange of information;

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: chaired by the UN Secretary General’s Special Representative Mr. Liviu Bota;
Other international signatory: the Russian Federation acting as a facilitating side, OSCE, and the UN Secretary General’s group of friends
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Abkhaz Issue in Official Documents, Legislative and Executive organs of Georgia, International Organizations, 1989-1999, part II, 1995-1999; authors: Vakhtang Kholbaia, Teimuraz Chakhrakia, Rafiel Gelantia, David Latsuzbaia, Tb., 2000, p. 199-200/in Georgian
Online Source: http://www.rrc.ge/law/oqm_1998_03_31_e.htm

PROTOCOL OF THE THIRD SESSION OF THE COORDINATING COUNCIL OF THE GEORGIAN AND ABKHAZIAN SIDES

The third session of the Coordinating Council set up based on the final declaration of the meeting of the Georgian and Abkhazian sides (Geneva, 17-19 November 1997) was held in Sukhumi on 31 March 1998 under the auspices of the United Nations, chaired by the UN Secretary General’s Special Representative Mr. Liviu Bota.

The Georgian side was represented by the delegation comprising Mr. Vazha Lordkipanidze, Mr. Revaz Adamia, and Mr. Tamaz Khubua.

The Abkhazian side was represented by the delegation comprising Mr. Tamaz Ketsba, Mr. Sergey Tsargush, and Mr. Victor Khashba.

Opening the session, the UN Secretary General’s Special Representative Mr. Liviu Bota noted the encouraging trends in the work of the Coordination Council aimed at achieving concrete steps in the conflict settlement process.

He also pointed out a number of negative developments and obstacles in the activities of the Coordination Council.

Representatives of the sides, the Russian Federation acting as a facilitating side, OSCE, and the UN Secretary General’s group of friends, made a statements.

Mr. Zurab Lakerbaia, secretary of the Joint Bilateral Coordination Commission, reported about the work of the commission.

The agenda of the session proposed by the UN Secretary General’s Special Representative included the following issues:

1. Reports on the activities of the working groups;

2. Discussion of recommendations on the activities of the working groups and other proposals and adoption of related decisions;

3. Discussion of obstacles in the activities of the working groups, and ways and means of overcoming them;

4. Exchange of views on the future work.

Coordinators of the activities of the working groups General Harun Ar-Rashid, Mr. Ekber Menemencioglu, and Mr. Marco Borsotti presented their reports on performed work in this capacity.

Ambassador Gennadiy Ilyichev, the representative of the Russian Federation as a facilitating side, presented proposals included in the annexed document.

The Council made the following decision:

1. Charge the 1st working group to speed up elaboration of the mechanism, in which representatives of the sides, UNOMIG and/or CIS CPKF could participate in order to investigate and prevent facts violating the Moscow Agreement on Cease-fire and Separation of Forces, as well as subversive and terrorist acts carried out in the conflict zone, including the mechanism of exchange of information;

2. Charge the 2nd working group to consider the problem of refugees and displaced persons, spontaneous returnees to Gali District, raised in the letter of Ambassador Gennadiy Ilyichev, the representative of the Russian Federation Foreign Affairs Ministry, and prepare necessary recommendations for the Coordination Council.

3. Charge the 3rd working group to consider the issue raised in the letter of Ambassador Gennadiy Ilyichev, the representative of the Russian Federation Foreign Affairs Ministry, on the intention of the International Fund of Support for Compatriots Abroad “Rossotech” to export from Russian Federation to Abkhazia some kinds of agricultural and industrial products in the framework of the humanitarian target aid.

4. To convoke in the second half of 1998 a special meeting of the sides with participation of the Russian Federation as a facilitating side, OSCE, and the UN Secretary General’s group of friends for elaboration of measures aimed at implementing the provisions of Paragraph 14 of the Geneva Final Statement on promoting creation of the atmosphere of mutual trust and understanding.

31 March 1998