Protocol of the Twelfth 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 Twelfth Session of the Coordinating Council of the Georgian and Abkhaz Sides
Date: 23 Jan 2001
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 a delegation headed by Mr. Giorgi Arsenishvili.
The Abkhaz side was represented by a delegation headed by Mr. Vyacheslav Tsugba.
Third parties: under the auspices of the United nations and the chairmanship of the Special Representative of the Secretary-General of the United Nations, Mr. Dieter Boden, with the participation of representatives of the Russian Federation in its capacity as facilitator, the Organization for Security and Cooperation in Europe (OSCE) and the States comprising the Group of Friends of the Secretary-General - France, Germany, the Russian Federation, the United Kingdom and the United States of America - as observers.
Description: Agreement continues Georgia process agreeing on 6 points; (1) to instruct the sides to consider proposals concerning the borders of the restricted weapon zone; (2) to instruct Working Group 1 to resume work on statement from 6th Session; (3) to endorse economic proposals from Working Group 3; (4) to allow for the reburying of the dead near Babushera airport; (5) to consider the holding the 3rd meeting on confidence building measures and; (6) to convene the coordinating council.

Agreement document: GE_010123_PROTOCOL OF THE TWELFTH SESSION OF THE COORDINATING COUNCIL OF THE GEORGIAN AND ABKHAZ 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: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 1, The Council adopted the following decisions:
... 3. To endorse the proposals submitted by Working Group 3 and instruct it to continue its search for funding the joint projects in the economic field.
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 Council adopted the following decisions:
1. To instruct the sides to consider proposals concerning the borders of the restricted- weapon zone and to submit their observations in writing within a week to the Special Representative of the Secretary-General of the United Nations.

Page 1, The Council adopted the following decisions:
... 5. To consider the proposal by the Government of Ukraine to hold a third meeting on confidence-building in Yalta on 15 and 16 march 2001 and to deliver a written reply to the Special Representative of the Secretary-General of the United Nations before 31 January 2001.
Ceasefire: No specific mention.
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: 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: Page 1, The Council adopted the following decisions:
... 4. To allow the sides to begin reburying the dead from the grave near the Babushera airport.
Missing persons: No specific mention.
Reparations: Transitional justice→Reparations→Symbolic reparations
Page 1, The Council adopted the following decisions:
... 4. To allow the sides to begin reburying the dead from the grave near the Babushera airport.
Reconciliation: No specific mention.

Implementation

UN signatory: Under the auspices of the United nations and the chairmanship of the Special Representative of the Secretary-General of the United Nations, Mr. Dieter Boden
Other international signatory: Russian Federation in its capacity as facilitator, the Organization for Security and Cooperation in Europe (OSCE)
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 Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)
Source: http://www.rrc.ge/law/oqm_2001_01_23_e.htm

PROTOCOL OF THE TWELFTH SESSION OF THE COORDINATING COUNCIL OF THE GEORGIAN AND ABKHAZ SIDES

23 January 2001

The Twelfth Session of the Coordinating Council, established on the basis of the Concluding Statement on the outcome of the Geneva Meeting of the Georgian and Abkhaz sides held from 17 to 19 November 1997 took place on 23 January 2001 under the auspices of the United nations and the chairmanship of the Special Representative of the Secretary-General of the United Nations, Mr. Dieter Boden, with the participation of representatives of the Russian Federation in its capacity as facilitator, the Organization for Security and Cooperation in Europe (OSCE) and the States comprising the Group of Friends of the Secretary-General - France, Germany, the Russian Federation, the United Kingdom and the United States of America - as observers.

The Georgian side was represented by a delegation headed by Mr. Giorgi Arsenishvili.

The Abkhaz side was represented by a delegation headed by Mr. Vyacheslav Tsugba.

The agenda included the following items:

1. Issues relating to the constant non- resumption of hostilities and to security problems, in particular the outcome of the meeting of Working Group 1 on 13 December 2000.

2. Refugees and internally displaces persons, in particular the outcome of the meeting of Working Group 3 on 5 December 2000.

3. Economic and social problems.

4. Other matters, including a discussion on preparation for the third meeting on confidence building, to be held in Yalta at the invitation of the Government of Ukraine.

Opening the session, the Special Representative of the Secretary-General thanked the parties for their contribution to advancing the peace process, but noted that an even more active approach to the resolution of outstanding problems would need to be adopted, in particular with regard of recent incidents in Gali district, violation of the Moscow Agreement on a Ceasefire and Separation of Forces in November and December of 2000 and the taking hostage in December 2000 of a number of the UN military observers.

The Sspecial Representative of the Secretary General called upon the sides to take the opportunity of the meeting in Yalta, to be held at the initiation of the Government of Ukraine to reach agreement on confidence-building measures and advance the peace process.

The representatives of the sides made statements.

Representatives of the Russian Federation in its capacity as facilitator, the OSCE and the Group of Friends of the Secretary- General took part in the discussion of the agenda.

The Chief Military Observer of the United Nations Observer Mission in Georgia (UNOMIG) and the Commander of the Collective Peacekeeping Forces of the Commonwealth of Independent State (CIS) reported on the situation in the conflict zone.

The Council adopted the following decisions:

1. To instruct the sides to consider proposals concerning the borders of the restricted- weapon zone and to submit their observations in writing within a week to the Special Representative of the Secretary-General of the United Nations.

2. To instruct Working Group 1 to resume works on the statement made at its sixth session and submit its proposals to the Coordinating Council.

3. To endorse the proposals submitted by Working Group 3 and instruct it to continue its search for funding the joint projects in the economic field.

4. To allow the sides to begin reburying the dead from the grave near the Babushera airport.

5. To consider the proposal by the Government of Ukraine to hold a third meeting on confidence-building in Yalta on 15 and 16 march 2001 and to deliver a written reply to the Special Representative of the Secretary-General of the United Nations before 31 January 2001.

6. To convene the thirteenth session of the Coordinating Council no later than April 2001.