Decision of 28 April 1998 on additional measures for the settlement of the conflict in Abkhazia, Georgia, The Council of Heads of State of the Commonwealth of Independent State

Country/entity
Georgia
Abkhazia
Region
Europe and Eurasia
Agreement name
Decision of 28 April 1998 on additional measures for the settlement of the conflict in Abkhazia, Georgia, The Council of Heads of State of the Commonwealth of Independent State
Date
28 Apr 1998
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict
Stage
Framework/substantive - partial
Conflict nature
Government/territory
Peace process
Abkhazia peace process
Parties
CIS states:
For the Republic of Armenia - R. KOCHARYAN
For the Republic of Moldova [unsigned]
For the Azerbaijani Republic - G. ALIYEV
For the Russian Federation - B. YELTSIN
For the Republic of Belarus [unsigned]
For the Republic of Tajikistan [unsigned]
For Georgia - E. SHEVARDNADZE
For Turkmenistan [unsigned]
For the Republic of Kazakhstan - N . NAZARBAEV
For Ukraine - [unsigned]
For the Kyrgyz Republic - A. AKAEV
For the Republic of Uzbekistan - I. KARIMOV
Third parties
-
Description
Decided to extend stay of Collective Peacekeeping Forces (CPF). Agreed to draw up plan to re-deploy CPF and called on members of CPF to take more active part in peacekeeping. Expressed concern that decision of 28 March 1997 (expansion of peacekeeping forces) remained unimplemented and agreed any further delay in process of return of refugees/displaced persons was inadmissible. Parties also agreed to seek cooperation of international community in resolving socio-economic and humanitarian problems.


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, Has decided:
... 2. To regard as inadmissible any further delay in the process of the organized return of refugees and displaced persons throughout the territory of Abkhazia and ta demand urgently that the organized return of refugees and displaced persons should begin and that their return to the Gali district (within the old borders) should be completed by the end of 1998 on the basis of the mechanisms worked aut by representatives of the parties, the Russian Federation and the Office of the United Nations High Cornrnissioner far Refugees, Only in irnrnediate, direct coordination with the process of the steady, organized return of refugees and displaced persons, above all ta the Gali district (within the old borders), should action be taken far the economic recovery of the region and the normalization of the border and customs regimes, To recornrnend urgently that the parties ta the conflict should consider and resolve the question of the establishment, at the stage of the return of refugees and the full normalization of life in the Gali district (within the old borders), ofa temporary transitional administration, which would work with the direct participation of the intermediaries, the United Nations and OSCE;

Page 2, Has decided:
... 3. That the CPF cornrnand, in coordination with the parties, should ensure the implementation of the measures envisaged in the decision of the Council of Heads of State of the Cornrnonwealth of 28 March 1997. Within one month, on the basis of a mechanism worked aut by the parties to the conflict, a plan should be drawn up ta redeploy CPF, including a plan ta bring the Unified Headquarters of CPF closer ta areas in which CPF units are deployed, and other measures associated with the organized return of refugees and displaced persons, especially to the Gali district (within the old borders).
The CPF cornrnand should devote increased attention ta ensuring, in accordance with the CPF mandate, the safe operation of vitally important structures in the
security zone, in particular, the Inguri hydroelectric power station, bridges, the water supply system, and sa on;

Page 2-3, Has decided:
... 4. ... In the event of opposition ta the return of refugees and the emergence of a threat ta peace and security in the region, ta consider the question of introducing appropriate changes in the nature and content of the peacekeeping operation on the basis of the appropriate provisions of the Charter of the United Nations applicable in such cases;
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
Page 2, Has decided:
... 2. To regard as inadmissible any further delay in the process of the organized return of refugees and displaced persons throughout the territory of Abkhazia and ta demand urgently that the organized return of refugees and displaced persons should begin and that their return to the Gali district (within the old borders) should be completed by the end of 1998 on the basis of the mechanisms worked aut by representatives of the parties, the Russian Federation and the Office of the United Nations High Cornrnissioner far Refugees, Only in irnrnediate, direct coordination with the process of the steady, organized return of refugees and displaced persons, above all ta the Gali district (within the old borders), should action be taken far the economic recovery of the region and the normalization of the border and customs regimes, To recornrnend urgently that the parties ta the conflict should consider and resolve the question of the establishment, at the stage of the return of refugees and the full normalization of life in the Gali district (within the old borders), ofa temporary transitional administration, which would work with the direct participation of the intermediaries, the United Nations and OSCE;
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
Page 2-3, Has decided:
... 4. ... In the event of opposition to the return of refugees and the emergence of a threat to peace and security in the region, to consider the question of introducing appropriate changes in the nature and content of the peacekeeping operation on the basis of the appropriate provisions of the Charter of the United Nations applicable in such cases;
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 2, Has decided:
... 2. To regard as inadmissible any further delay in the process of the organized return of refugees and displaced persons throughout the territory of Abkhazia and ta demand urgently that the organized return of refugees and displaced persons should begin and that their return to the Gali district (within the old borders) should be completed by the end of 1998 on the basis of the mechanisms worked aut by representatives of the parties, the Russian Federation and the Office of the United Nations High Cornrnissioner far Refugees, Only in irnrnediate, direct coordination with the process of the steady, organized return of refugees and displaced persons, above all ta the Gali district (within the old borders), should action be taken far the economic recovery of the region and the normalization of the border and customs regimes, To recornrnend urgently that the parties ta the conflict should consider and resolve the question of the establishment, at the stage of the return of refugees and the full normalization of life in the Gali district (within the old borders), ofa temporary transitional administration, which would work with the direct participation of the intermediaries, the United Nations and OSCE;
Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
Page 2, Has decided:
... 3 ... The CPF cornrnand should devote increased attention ta ensuring, in accordance with the CPF mandate, the safe operation of vitally important structures in the security zone, in particular, the Inguri hydroelectric power station, bridges, the water supply system, and sa on;

Page 3, Has decided:
... 6. To seek the cooperation of the international community and international organizations in resolving the socio-economic and humanitarian problems of the population caused by the conflict;
National economic plan

No specific mention.

Natural resources

No specific mention.

International funds
Page 3, Has decided:
... 6. To seek the cooperation of the international community and international organizations in resolving the socio-economic and humanitarian problems of the population caused by the conflict;
Business

No specific mention.

Taxation
Socio-economic reconstruction→Taxation→Reform of taxation
Page 2, Has decided:
... 2. To regard as inadmissible any further delay in the process of the organized return of refugees and displaced persons throughout the territory of Abkhazia and ta demand urgently that the organized return of refugees and displaced persons should begin and that their return to the Gali district (within the old borders) should be completed by the end of 1998 on the basis of the mechanisms worked aut by representatives of the parties, the Russian Federation and the Office of the United Nations High Cornrnissioner far Refugees, Only in irnrnediate, direct coordination with the process of the steady, organized return of refugees and displaced persons, above all ta the Gali district (within the old borders), should action be taken far the economic recovery of the region and the normalization of the border and customs regimes, To recornrnend urgently that the parties ta the conflict should consider and resolve the question of the establishment, at the stage of the return of refugees and the full normalization of life in the Gali district (within the old borders), ofa temporary transitional administration, which would work with the direct participation of the intermediaries, the United Nations and OSCE;
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 2, Has decided:
... 4. To express grave concern that the provisions of the decision of the Council of Heads of State of the Cornrnonwealth of 28 March 1997 concerning the expansion of the security zone have remained unimplemented.
To call on the Abkhaz party ta revert to this question, ta consider it and to resolve it favourably.

Page 2, Has decided:
... 4. ... In the event of opposition ta the return of refugees and the emergence of a threat ta peace and security in the region, ta consider the question of introducing appropriate changes in the nature and content of the peacekeeping
Ceasefire

No specific mention.

Police

No specific mention.

Armed forces
Page 3, Has decided:
... 8. To instruct the Executive Secretariat of the Commonwealth of Independent States, with the participation of the headquarters far the coordination of
military cooperation by the States members of the Commonwealth, to report on a systematic basis to the Heads of State of the Commonwealth of Independent States on the implementation of the decisions of the Council of Heads of State of the Commonwealth relating to the settlement of the conflict in Abkhazia, Georgia;
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
Page 1, [untitled preamble],
... Noting with concern the escalation of acts of sabotage and terrorism, the kidnapping of personnel of the Collective Peacekeeping Forces (CPF) and of the United Nations Observer Mission in Georgia, and other acts of violence in the conflict zone, the victims of which are the civilian population, refugees and displaced persons,
Crime/organised crime

No specific mention.

Drugs

No specific mention.

Terrorism
Page 1, [untitled preamble],
... Noting with concern the escalation of acts of sabotage and terrorism, the kidnapping of personnel of the Collective Peacekeeping Forces (CPF) and of the United Nations Observer Mission in Georgia, and other acts of violence in the conflict zone, the victims of which are the civilian population, refugees and displaced persons,

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, [untitled preamble],
... Noting with concern the escalation of acts of sabotage and terrorism, the kidnapping of personnel of the Collective Peacekeeping Forces (CPF) and of the United Nations Observer Mission in Georgia, and other acts of violence in the conflict zone, the victims of which are the civilian population, refugees and displaced persons,
Missing persons

No specific mention.

Reparations

No specific mention.

Reconciliation
Page 1, [untitled preamble],
Noting with concern that, because of the obstructive position of the Abkhaz party to the conflict, the negotiations on defining the political status of Abkhazia, Georgia, have come to a standstill,

Implementation

UN signatory

No specific mention.

Other international signatory

No specific mention.

Referendum for agreement

No specific mention.

International mission/force/similar
Page 2, Has decided:
1. To extend, with the consent of the parties, the stay of the Collective peacekeeping Forces in the conflict zone in Abkhazia, Georgia, ta 31 July 1998 ar until such time as one of the parties of the conflict, believing that the provisions of this decision have not been fuifilled, expresses its wish to terminate the operation;

Page 2, Has decided:
... 3. That the CPF cornrnand, in coordination with the parties, should ensure the implementation of the measures envisaged in the decision of the Council of Heads of State of the Cornrnonwealth of 28 March 1997. Within one month, on the basis of a mechanism worked aut by the parties to the conflict, a plan should be drawn up ta redeploy CPF, including a plan ta bring the Unified Headquarters of CPF closer ta areas in which CPF units are deployed, and other measures associated with the organized return of refugees and displaced persons, especially to the Gali district (within the old borders).
The CPF cornrnand should devote increased attention ta ensuring, in accordance with the CPF mandate, the safe operation of vitally important structures in the
security zone, in particular, the Inguri hydroelectric power station, bridges, the water supply system, and sa on;

Page 3, Has decided:
... 5. The Council of Heads of State of the Commonwealth calls upon the States members of the Commonwealth of Independent States which signed the decisions on the deployment of CPF in the Georgian-Abkhaz conflict zone and on confirming the mandate far the conduct of peacekeeping operation in the Georgian-Abkhaz conflict zone to take a more active part in the peacekeeping operation together with the Russian Federation, which is at present bearing the whole burden of this operation;

Page 3, Has decided:
... 7. To consider it essential to approach the United Nations with regard to the inclusion in the United Nations Observer Mission in Georgia of a group of
observers from the States members of the Commonwealth of Independent States;
Enforcement mechanism
Page 2, Has decided:
... 3. That the CPF cornrnand, in coordination with the parties, should ensure the implementation of the measures envisaged in the decision of the Council of Heads of State of the Cornrnonwealth of 28 March 1997. Within one month, on the basis of a mechanism worked aut by the parties to the conflict, a plan should be drawn up ta redeploy CPF, including a plan ta bring the Unified Headquarters of CPF closer ta areas in which CPF units are deployed, and other measures associated with the organized return of refugees and displaced persons, especially to the Gali district (within the old borders).
The CPF cornrnand should devote increased attention ta ensuring, in accordance with the CPF mandate, the safe operation of vitally important structures in the
security zone, in particular, the Inguri hydroelectric power station, bridges, the water supply system, and sa on;
Related cases

No specific mention.

Source
On file with author

Decision of 28 April 1998 on additional measures for the settlement of the conflict in Abkhazia, Georgia

The Council of Heads of State of the Commonwealth of Independent States.

Stressing its unwavering commitment to the sovereignty and territorial integrity of Georgia,

Welcoming the resumption of direct bilateral negotiations between the Georgian and Abkhaz parties and the active assistance of the Russian Federation in this process, and the initiative announced by Ukraine at the fifty-second seşsion of the United Nations General Assembly to intensify its participation in the settlement of the conflict in Abkhazia, Georgia,

Noting the significance of the Geneva meetings of the Georgian and Abkhaz parties in the presence of representatives of the Russian Federation in its capacity as facilitator, the Organization for Security and Cooperation in Europe (OSCE) and the States which are members of the Group of Friends of the Secretary-General of the United Nations, and the entry into operation of the Coordinating Council and its working groups,

Guided by the provisions of the memorandum on the maintenance of peace and stability in the Commonwealth of Independent States (Almaty, 10 February 1995) and the statement by the Council of Heads of State of the Commonwealth (Minsk, 26 May 1995) on overcoming the threat of separatism as the most important condition for ensuring stability in the Caucasus and settling conflicts in that region, confirming its previous decisions of 19 January 1996 and 28 March 1997 aimed at achieving a comprehensive political settlement in Abkhazia, Georgia, and stressing the need for their implementation,

Once again expressing serious concern that, because of the non- implementation of a number of decisions adopted earlier within the framework of the Commonwealth, the process of the organized return of refugees has not yet begun,

Noting with concern that, because of the obstructive position of the Abkhaz party to the conflict, the negotiations on defining the political status of

Abkhazia, Georgia, have come to a standstill,

Expressing serious concern about the holding of elections to so-called organs of local self-government in Abkhazia, Georgia, that cannot be recognized as legitimate at a time when the political status of Abkhazia has not been defined and the problem of the return of refugees and displaced persons has not been resolved, which has effectively led to an exacerbation of the situation in the conflict zone and impeded progress towards a comprehensive settlement,

Noting with concern the escalation of acts of sabotage and terrorism, the kidnapping of personnel of the Collective Peacekeeping Forces (CPF) and of the United Nations Observer Mission in Georgia, and other acts of violence in the conflict zone, the victims of which are the civilian population, refugees and displaced persons,

Stressing the need far the irnrnediate implementation of the measures envisaged in the decision of the Council of Heads of State of the Cornrnonwealth of 28 March 1997, which would guarantee the beginning of the process of the organized return of refugees and displaced persons,

Has decided:

1. To extend, with the consent of the parties, the stay of the Collective peacekeeping Forces in the conflict zone in Abkhazia, Georgia, ta 31 July 1998 or until such time as one of the parties ta the con!lict, believing that the provisions of this decision have not been fuifilled, expresses its wish to terminate the operation;

2. To regard as inadmissible any further delay in the process of the organized return of refugees and displaced persons throughout the territory of Abkhazia and to demand urgently that the organized return of refugees and displaced persons should begin and that their return to the Gali district (within the old borders) should be completed by the end of 1998 on the basis of the mechanisms worked aut by representatives of the parties, the Russian Federation and the Office of the United Nations High Cornrnissioner far Refugees, Only in irnrnediate, direct coordination with the process of the steady, organized return of refugees and displaced persons, above all ta the Gali district (within the old borders), should action be taken far the economic recovery of the region and the normalization of the border and customs regimes,

To recornrnend urgently that the parties ta the conflict should consider and resolve the question of the establishment, at the stage of the return of

refugees and the full normalization of life in the Gali district (within the old borders), of a temporary transitional administration, which would work with the direct participation of the intermediaries, the United Nations and OSCE;

3. That the CPF cornrnand, in coordination with the parties, should ensure the implementation of the measures envisaged in the decision of the Council of Heads of State of the Cornrnonwealth of 28 March 1997.

Within one month, on the basis of a mechanism worked aut by the parties to the conflict, a plan should be drawn up ta redeploy CPF, including a plan ta bring the Unified Headquarters of CPF closer ta areas in which CPF units are deployed, and other measures associated with the organized return of refugees and displaced persons, especially to the Gali district (within the old borders).

The CPF cornrnand should devote increased attention ta ensuring, in accordance with the CPF mandate, the safe operation of vitally important structures in the security zone, in particular, the Inguri hydroelectric power station, bridges, the water supply system, and so on;

4. Ta express grave concern that the provisions of the decision of the Council of Heads of State of the Cornrnonwealth of 28 March 1997 concerning the expansion of the security zone have remained unimplemented.

To call on the Abkhaz party ta revert to this question, ta consider it and to resolve it favourably.

In the event of opposition ta the return of refugees and the emergence of a threat ta peace and security in the region, ta consider the question of introducing appropriate changes in the nature and content of the peacekeeping operation on the basis of the appropriate provisions of the Charter of the United Nations applicable in such cases;

5. The Council of Heads of State of the Commonwealth calls upon the States members of the Commonwealth of Independent States which signed the decisions on the deployment of CPF in the Georgian-Abkhaz conflict zone and on confirming the mandate far the conduct of peacekeeping operation in the Georgian-Abkhaz conflict zone to take a more active part in the peacekeeping operation together with the Russian Federation, which is at present bearing the whole burden of this operation;

6. To seek the cooperation of the international community and international organizations in resolving the socio-economic and humanitarian problems of the population caused by the conflict;

7. To consider it essential to approach the United Nations with regard to the inclusion in the United Nations Observer Mission in Georgia of a group of observers from the States members of the Commonwealth of Independent States;

8. To instruct the Executive Secretariat of the Commonwealth of Independent States, with the participation of the headquarters far the coordination of military cooperation by the States members of the Commonwealth, to report on a systematic basis to the Heads of State of the Commonwealth of Independent States on the implementation of the decisions of the Council of Heads of State of the

Commonwealth relating to the settlement of the conflict in Abkhazia, Georgia;

9. To inform the United Nations Security Council of this decision of the Council of Heads of State of the Commonwealth.

This decision shall enter into force on the date of its signature.

Done in the Russian language, in accordance with the procedure established in rule 20, paragraph 6, of the rules of procedure of the Council of Heads of State and the Council of Heads of Government of the Commonwealth of Independent States.

The original copy shall be deposited with the Executive Secretariat of the Commonwealth of Independent States, which shall transmit a certified copy to each State which has signed this decision.

For the Republic of Armenia For the Republic of Moldova

R. KOCHARYAN

For the Azerbaijani Republic For the Russian Federation

G. ALIYEV B. YELTSIN

For the Republic of Belarus For the Republic of Tajikistan

[...]

For Georgia For Turkmenistan

E. SHEVARDNADZE

For the Republic of Kazakhstan For Ukraine

N . NAZARBAEV

For the Kyrgyz Republic For the Republic of Uzbekistan

A. AKAEV I. KARIMOV

[1,379 words]

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