Protocol on the ceasefire, separation of armed formations and guarantees on the inadmissibility of forcible activities ('Gagra Protocol')

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Country/entity: Georgia
Abkhazia
Region: Europe and Eurasia
Agreement name: Protocol on the ceasefire, separation of armed formations and guarantees on the inadmissibility of forcible activities ('Gagra Protocol')
Date: 25 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: Ceasefire/related
Conflict nature: Government/territory
Peace process: Abkhazia peace process
Parties: For the Abkhaz Side S. Shamba, A. Kchach
For the Georgian Side I. Menagarishvili, K. Targamadze
Third parties: From the CPKF the Commander of the CPKF of the CIS S. Korobko
From the UN: Special Representative of the UN Secretary-General L. Bota
Description: Provided for immediate ceasefire and withdrawal of both parties from Gali district and for establishment of special groups to monitor compliance. Abkhaz party obliged to prevent illegal acts involving force against the civilian population and Georgian party obliged to take steps to halt infiltration of terrorist and subversive groups.

Agreement document: GE_980525_ProtocolOnCeasefireSeparationArmedFormations.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: Groups→Refugees/displaced persons→Rhetorical
Page 1, 3. parties, UN observers, CIS Collective Peacekeeping Forces to agree plan for speedy return of civilian population of Gali district displaced by the fighting.
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
[Summary] Agreement is a ceasefire agreement.

Page 1, 1. The Sides commit themselves to cease fire from 6 am of 26 May 1998.

Page 1, 2. From the moment the cease-fire regime comes into effect the Sides commit themselves to start separating of opposing military formations. ...

Page 1, 3. In order to exercise control on the implementation of commitments pledged by the Sides, the special groups will be set up composing of representatives from the UNOMIG and Collective Peacekeeping Force starting their operation since the moment of cease-fire in compliance of the elaborated scheme that will establish conditions for return of the peaceful population of Gali region fled the region due to the military operations.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, 4. The Abkhaz Side commits itself to refrain from unlawful forcible acts against the peaceful population of Gali region.
The Georgian Side commits itself to take effective measures aimed at preventing from penetration of terrorist and subversive groups, armed formations and individuals to the territory of Abkhazia.
Withdrawal of foreign forces: Page 1, 2. ... The Abkhaz Side commits itself, from 9 am till 01 pm of 26 May 1998, to withdraw from Gali region additional contingent detached there beyond limits of the militia personnel.
The Georgian Side commits itself to withdraw all armed formations from Gali region from 9am till 01pm of 26 May 1998.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: Page 1, 4. The Abkhaz Side commits itself to refrain from unlawful forcible acts against the peaceful population of Gali region.
The Georgian Side commits itself to take effective measures aimed at preventing from penetration of terrorist and subversive groups, armed formations and individuals to the territory of Abkhazia.

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: From the UN: Special Representative of the UN Secretary-General L. Bota
Other international signatory: From the CPKF, the Commander of the CPKF of the CIS, S. Korobko
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, 3. In order to exercise control on the implementation of commitments pledged by the Sides, the special groups will be set up composing of representatives from the UNOMIG and Collective Peacekeeping Force starting their operation since the moment of cease-fire in compliance of the elaborated scheme that will establish conditions for return of the peaceful population of Gali region fled the region due to the military operations.
Enforcement mechanism: Page 1, 3. To monitor commitments, groups to be established consisting of reps of the parties, UN observers, CIS Collective Peacekeeping Forces.
Related cases: No specific mention.
Source: UN Peacemaker; http://peacemaker.un.org/sites/peacemaker.un.org/files/GE_980525_ProtocolOnCeasefireSeparationArmedFormations.pdf

Protocol on Ceasefire, Separation of Armed Formations and Guarantees on Inadmissibility of Forcible Activities

Gagra, 25 May 1998

1. The Sides commit themselves to cease fire from 6 am of 26 May 1998.

2. From the moment the cease-fire regime comes into effect the Sides commit themselves to start separating of opposing military formations.

The Abkhaz Side commits itself, from 9 am till 01 pm of 26 May 1998, to withdraw from Gali region additional contingent detached there beyond limits of the militia personnel.

The Georgian Side commits itself to withdraw all armed formations from Gali region from 9am till 01pm of 26 May 1998.

3. In order to exercise control on the implementation of commitments pledged by the Sides, the special groups will be set up composing of representatives from the UNOMIG and Collective Peacekeeping Force starting their operation since the moment of cease-fire in compliance of the elaborated scheme that will establish conditions for return of the peaceful population of Gali region fled the region due to the military operations.

4. The Abkhaz Side commits itself to refrain from unlawful forcible acts against the peaceful population of Gali region.

The Georgian Side commits itself to take effective measures aimed at preventing from penetration of terrorist and subversive groups, armed formations and individuals to the territory of Abkhazia.

With this regard and pursuant to the Decisions of the Coordinating Council, the Sides shall establish necessary mechanisms with participation of the Sides, UNOMIG and CPKF of the CIS.

For the Abkhaz Side S. Shamba, A. Kchach

For the Georgian Side I. Menagarishvili, K. Targamadze

From the CPKF the Commander of the CPKF of the CIS S. Korobko From the UN:

Special Representative of the UN Secretary-General L. Bota