Protocol of the fourth (second special) session of the Coordinating Council of the Georgian and Abkhaz sides

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Country/entity: Georgia
Abkhazia
Region: Europe and Eurasia
Agreement name: Protocol of the fourth (second special) session of the Coordinating Council of the Georgian and Abkhaz sides
Date: 22 May 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 a delegation consisting of Mr. Vazha Lordkipanidze (signatory), Mr. Revaz Adamia and Mr. Tamaz Khubua.

The Abkhaz side was represented by a delegation consisting of Mr. Tamaz Ketsba (signatory), Mr. Viktor Khasbba and Mr. Otar Kakalia.
Third parties: UN (Chair) (signatory), Russian Federation (Facilitator), OSCE, Group of Friends of the UNSG (France, Germany, Russian Federation, UK, US) as observers
Description: Decided to take steps to halt armed confrontation in Gali district and to instruct UN Secretary General to hold consultations on development of mechanism to investigate and prevent incidents in violation of Moscow Agreement. Agreed to refrain from steps that could exacerbate situation and to take measures to promote peace process.

Agreement document: GE_980522_Protocol of the 4th (2nd Special) meeting.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 2, The Council adopted the following decisions:
... 3. The sides must refrain from steps that could exacerbate the situation in the conflict zone and take practical measures to promote the peace process and ensure safety in the conflict zone.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 2, The Council adopted the following decisions:
1. To take steps to halt the armed confrontation in Gali district. To this end, the Georgian side insisted on the immediate withdrawal from Gali district of the additional forces of the Abkhaz side that have been brought there. The Abkhaz side insisted that the Georgian side halt its subversive and terrorist activities in Gali district and withdraw its armed groups that entered the district from outside Abkhazia' s borders;
2. To instruct the Special Representative of the Secretary-General of the United Nations to hold, as soon as possible, consultations with a view to implementing the decisions of the first special session of the Coordinating Council on 22 January 1998 on the development of a mechanism in which the representatives of the sides, UNOMIG and/or the Collective Peacekeeping Forces could take part with a view to investigating and preventing incidents in violation of the Moscow Agreement on a Ceasef ire and Separation of Forces, namely, subversive and terrorist acts in the conflict zone, and to submit information on the outcome of the consultations at the forthcoming Geneva meeting and make appropriate recommendations;
Police: No specific mention.
Armed forces: Page 2, The Council adopted the following decisions:
1. To take steps to halt the armed confrontation in Gali district. To this end, the Georgian side insisted on the immediate withdrawal from Gali district of the additional forces of the Abkhaz side that have been brought there. The Abkhaz side insisted that the Georgian side halt its subversive and terrorist activities in Gali district and withdraw its armed groups that entered the district from outside Abkhazia' s borders;
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 2, The Council adopted the following decisions:
1. To take steps to halt the armed confrontation in Gali district. To this end, the Georgian side insisted on the immediate withdrawal from Gali district of the additional forces of the Abkhaz side that have been brought there. The Abkhaz side insisted that the Georgian side halt its subversive and terrorist activities in Gali district and withdraw its armed groups that entered the district from outside Abkhazia' s borders;
Withdrawal of foreign forces: Page 2, The Council adopted the following decisions:
1. To take steps to halt the armed confrontation in Gali district. To this end, the Georgian side insisted on the immediate withdrawal from Gali district of the additional forces of the Abkhaz side that have been brought there. The Abkhaz side insisted that the Georgian side halt its subversive and terrorist activities in Gali district and withdraw its armed groups that entered the district from outside Abkhazia' s borders;
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: Page 2, The Council adopted the following decisions:
1. To take steps to halt the armed confrontation in Gali district. To this end, the Georgian side insisted on the immediate withdrawal from Gali district of the additional forces of the Abkhaz side that have been brought there. The Abkhaz side insisted that the Georgian side halt its subversive and terrorist activities in Gali district and withdraw its armed groups that entered the district from outside Abkhazia' s borders;

Page 2, The Council adopted the following decisions:
... 2. To instruct the Special Representative of the Secretary-General of the United Nations to hold, as soon as possible, consultations with a view to implementing the decisions of the first special session of the Coordinating Council on 22 January 1998 on the development of a mechanism in which the representatives of the sides, UNOMIG and/or the Collective Peacekeeping Forces could take part with a view to investigating and preventing incidents in violation of the Moscow Agreement on a Ceasef ire and Separation of Forces, namely, subversive and terrorist acts in the conflict zone, and to submit information on the outcome of the consultations at the forthcoming Geneva meeting and make appropriate recommendations;

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 Mr. Liviu Bota, Special Representative of the Secretary-General of the United Nations.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, The following agenda was adopted:
... 3. Implementation of the decisions of the first special session of the Coordinating Council on 22 'January 1998 on the development of a mechanism in which the representatives of the sides, the United Nations Observer Mission in Georgia (UNOMIG) and/or the Collective Peacekeeping Forces could take part with a view to investigating and preventing incidents in violation of the Moscow Agreement on a Ceasef ire and Separation of Forces (S/1994/583, annex I), namely, subversive and terrorist acts in the conflict zone.
Enforcement mechanism: Page 1, The following agenda was adopted:
... 3. Implementation of the decisions of the first special session of the Coordinating Council on 22 'January 1998 on the development of a mechanism in which the representatives of the sides, the United Nations Observer Mission in Georgia (UNOMIG) and/or the Collective Peacekeeping Forces could take part with a view to investigating and preventing incidents in violation of the Moscow Agreement on a Ceasef ire and Separation of Forces (S/1994/583, annex I), namely, subversive and terrorist acts in the conflict zone.
Related cases: No specific mention.
Source: Copy on file with Author.

Protocol of the fourth (second special) session of the Coordinating Council of the Georgian and Abkhaz sides, held in Tbilisi, on 22 May 1998

The fourth (second special) session of the Coordinating Council, which was established on the basis of the Final Declaration on the outcome of the meeting of the Georgian and Abkhaz sides (Geneva, 17 to 19 November 1997), was held in Tbilisi on 22 May 1998 at the request of the Abkhaz and Georgian sides, under United Nations auspices.

It was chaired by Mr. Liviu Bota, Special Representative of the Secretary-General of the United Nations.

The Georgian side was represented by a delegation consisting of Mr. Vazha Lordkipanidze, Mr. Revaz Adamia and Mr. Tamaz Khubua.

The Abkhaz side was represented by a delegation consisting of Mr. Tamaz Ketsba, Mr. Viktor Khasbba and Mr. Otar Kakalia.

Opening the session, the Special Representative of the Secretary-General Mr. Liviu Bota, stated that, in the light of the events that had taken place in Gali district in recent days, the Abkhaz and Georgian sides had requested him to convene a special session of the Coordinating Council.

Since both sides referred to the same events, both letters were included in the agenda of the Council's session in the order in which they had been received.

The following agenda was adopted:

1. Letter from the head of the Abkhaz delegation addressed to the Special Representative of the Secretary-General;

2. Letter from the head of the Georgian delegation addressed to the Special Representative of the Secretary-General;

3. Implementation of the decisions of the first special session of the Coordinating Council on 22 'January 1998 on the development of a mechanism in which the representatives of the sides, the United Nations Observer Mission in Georgia (UNOMIG) and/or the Collective Peacekeeping Forces could take part with a view to investigating and preventing incidents in violation of the Moscow

Agreement ona Ceasef ire and Separation of Forces (S/1994/583, annex I), namely, subversive and terrorist acts in the conflict zone.

The heads of the Abkhaz and Georgian delegations spoke in the order in which their letters had been received.

Representatives of the Russian Federation in its capacity as facilitator, the Organization for Security and Cooperation in Europe (OSCE) and the States members of the group of Friends of the Secretary-General of the United Nations (France, Germany, the Russian Federation, the United Kingdom and the United States in their capacity as observers) took part in the discussion of the items on the agenda.

The Special Representative of the Secretary-General and representatives of the Russian Federation in its capacity as facilitator, the States that constitute the group of Friends of the Secretary-General, and OSCE appealed to the sides to refrain from any action that could aggravate the situation and to take urgent effective measures to defuse the situation.

They alsa urged the sides to do their utmost to support the peace process and demonstrate the necessary political will to achieve concrete results on the main issues of a settlement.

The Council adopted the following decisions:

1. To take steps to halt the armed confrontation in Gali district.

To this end, the Georgian side insisted on the immediate withdrawal from Gali district of the additional forces of the Abkhaz side that have been brought there.

The Abkhaz side insisted that the Georgian side halt its subversive and terrorist activities in Gali district and withdraw its armed groups that entered the district from outside Abkhazia' s borders;

2. To instruct the Special Representative of the Secretary-General of the United Nations to hold, as soon as possible, consultations with a view to implementing the decisions of the first special session of the Coordinating Council on 22 January 1998 on the development of a mechanism in which the representatives of the sides, UNOMIG and/or the Collective Peacekeeping Forces could take part with a view to investigating and preventing incidents in violation of the Moscow Agreement on a Ceasef ire and Separation of Forces, namely, subversive and terrorist acts in the conflict zone, and to submit information on the outcome of the consultations at the forthcoming Geneva meeting and make appropriate recommendations;

3. The sides must refrain from steps that could exacerbate the situation in the conflict zone and take practical measures to promote the peace process and ensure safety in the conflict zone.

(Signed) Liviu BOTA

(-i--) V. LORflKIPANIDZE

I ..

(Signed) T. KETSBA

(732 words]