Statement of the State Commissions of Abkhazia and Georgia on Search for the Persons Missing without Trace

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Country/entity: Georgia
Russia
Abkhazia
Region: Europe and Eurasia
Agreement name: Statement of the State Commissions of Abkhazia and Georgia on Search for the Persons Missing without Trace
Date: 19 Jan 2000
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: On behalf of the Abkhaz Side Mr. Otar Kakalia;
 On behalf of the Georgian Side Mr. Avtandil Ioseliani
Third parties: -
Description: Agreement deals with victims, including the burial of the deceased; the exchange of burial locations of missing persons; the identification of the buried - with aid from the international community - and the issue of hostages.

Agreement document: GE_000119_STATEMENT OF THE STATE COMMISSIONS OF ABKHAZIA AND GEORGIA on Search for those Persons Missing without Trace.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: Page 1, ... agreed upon the following:
... 4. With regard to the huge problems facing the Parties in identification of remains of those perished, the State Commissions appeal to the Coordination Council, to the group of friends of the UN Secretary General, as well as to the International Committee of Red Cross, to other international humanitarian organizations to render technical assistance. Solution of this extremely difficult issue would contribute to easing the pain and suffering of hundreds of mothers waiting for their sons.
Men and boys: Gender→Men and boys→Other
Page 1, ... agreed upon the following:
... 4. With regard to the huge problems facing the Parties in identification of remains of those perished, the State Commissions appeal to the Coordination Council, to the group of friends of the UN Secretary General, as well as to the International Committee of Red Cross, to other international humanitarian organizations to render technical assistance. Solution of this extremely difficult issue would contribute to easing the pain and suffering of hundreds of mothers waiting for their sons.
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: Page 1, ... agreed upon the following:
... 4. With regard to the huge problems facing the Parties in identification of remains of those perished, the State Commissions appeal to the Coordination Council, to the group of friends of the UN Secretary General, as well as to the International Committee of Red Cross, to other international humanitarian organizations to render technical assistance. Solution of this extremely difficult issue would contribute to easing the pain and suffering of hundreds of mothers waiting for their sons.
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: 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, ... agreed upon the following:
1. On February 8, 2000 the Parties shall discuss and determine time-table for reburial of the remains of Georgians perished in Babushera.

Page 1, ... agreed upon the following:
... 2. Simultaneously with this process, the Georgian side shall submit the map of burial places of those Abkhazs missing without trace.

Page 1, ... agreed upon the following:
... 4. With regard to the huge problems facing the Parties in identification of remains of those perished, the State Commissions appeal to the Coordination Council, to the group of friends of the UN Secretary General, as well as to the International Committee of Red Cross, to other international humanitarian organizations to render technical assistance. Solution of this extremely difficult issue would contribute to easing the pain and suffering of hundreds of mothers waiting for their sons.
Missing persons: [Summary: the entirety of this agreements is providing for the search for the persons missing without trace].
Reparations: Transitional justice→Reparations→Symbolic reparations
Page 1, ... agreed upon the following:
1. On February 8, 2000 the Parties shall discuss and determine time-table for reburial of the remains of Georgians perished in Babushera.

Page 1, ... agreed upon the following:
... 2. Simultaneously with this process, the Georgian side shall submit the map of burial places of those Abkhazs missing without trace.

Page 1, ... agreed upon the following:
... 4. With regard to the huge problems facing the Parties in identification of remains of those perished, the State Commissions appeal to the Coordination Council, to the group of friends of the UN Secretary General, as well as to the International Committee of Red Cross, to other international humanitarian organizations to render technical assistance. Solution of this extremely difficult issue would contribute to easing the pain and suffering of hundreds of mothers waiting for their sons.
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: (Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian) Source: http://www.rrc.ge/law/Statem_2000_01_19_e.htm

STATEMENT OF THE STATE COMMISSIONS OF ABKHAZIA AND GEORGIA on Search for those Persons Missing without Trace

Expressing their readiness for close cooperation and aiming at speeding up the process of search for those persons missing without trace from both sides, representatives of the State Commissions of Abkhazia and Georgia have agreed upon the following:

1. On February 8, 2000 the Parties shall discuss and determine time-table for reburial of the remains of Georgians perished in Babushera.

2. Simultaneously with this process, the Georgian side shall submit the map of burial places of those Abkhazs missing without trace.

3. The Commissions of both parties are concerned due to the situation established around the problem of hostages, and against the background of the situation, continuation of the work of the Commissions is impossible.

In this regard, the Commission appeals to the Coordination Council with a request of rendering support in terms of speedy release of the hostages.

4. With regard to the huge problems facing the Parties in identification of remains of those perished, the State Commissions appeal to the Coordination Council, to the group of friends of the UN Secretary General, as well as to the International Committee of Red Cross, to other international humanitarian organizations to render technical assistance.

Solution of this extremely difficult issue would contribute to easing the pain and suffering of hundreds of mothers waiting for their sons.

On behalf of the Abkhaz Side Mr. Otar Kakalia

On behalf of the Georgian Side Mr. Avtandil Ioseliani 19 January 2000