Protocol of the fifth 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 fifth session of the Coordinating Council of the Georgian and Abkhaz sides
Date: 2 Sep 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: The Georgian side was represented by a delegation headed by Mr. Vazha Lordkipanidze.
The Abkhaz side was represented by a delegation headed by Mr. Sergei Bagapsh.
Third parties: UN (Chair), Russian Federation (Facilitator), OSCE, Group of Friends of the UNSG (France, Germany, Russian Federation, UK, US) as observers
Description: Agreed to take effective steps to stop violence and to establish joint group to investigate and prevent terrorist acts and other offences. Pledged to examine and respond to protests made by UNOMIG and CISCPF about violations of Moscow Agreement, and agreed to request the UN Special Representative to resume negotiations on the elimination of consequences of May’s events, return of refugees, and measures to rehabilitate Abkhazia’s economy. In an Annex the Special Representative, representatives of the Russian Federation and others appealed to sides to refrain from actions that might exacerbate the situation, especially with regard to construction of military engineering installations.

Agreement document: GE_980902_Protocol of the Fifth session of the coordinating Council.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→Substantive
Page 2, The Coordinating Council adopted the following decisions:
... 4. To request the Special Representative of the Secretary-General to resume negotiations between the sides on the elirnination of the consequences of the May events, the safe return of refugees and rneasures to rehabilitate Abkhazia's econorny.
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 2, The Coordinating Council adopted the following decisions:
... 4. To request the Special Representative of the Secretary-General to resume negotiations between the sides on the elirnination of the consequences of the May events, the safe return of refugees and rneasures to rehabilitate Abkhazia's economy.
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 agenda contained the following items: Opening the session, Mr. Liviu Bota, the Special Representative of the Secretary-General, said that the participants in the session should focus their attention on three issues :
The Coordinating Council adopted the following decisions:
1. Considering the need to halt the dangerous escalation of tension, which threatens to lead to a resumption of armed clashes, the sides must:
... (c) The Abkhaz side shall take measures to protect civilians living in Gali district frorn unlawful acts involving the use of force.

Page 2, ANNEX
... This pertains, first of all, to both sides' halting construction of military- engineering installations and their destruction, within 30 days, by the forces of the sides under the supervision of UNOMIG and the CIS Collective Peacekeeping Forces.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 2, The agenda contained the following items: Opening the session, Mr. Liviu Bota, the Special Representative of the Secretary-General, said that the participants in the session should focus their attention on three issues :
The Coordinating Council adopted the following decisions:
1. Considering the need to halt the dangerous escalation of tension, which threatens to lead to a resumption of armed clashes, the sides must:
(a) Take effective steps to halt the skirmishes that are continuing to occur after dark across the line separating the sides;

Page 2, The Coordinating Council adopted the following decisions:
... 2. The sides shall establish a joint group to investigate and prevent terrorist acts and other of fences. The group shall consist of representatives of the sides, UNOMIG and the CIS Peacekeeping Forces. Under the direction of the Special Representative of the Secretary-General, the group shall, within two weeks' time, draw up a statute on the operation of the group and transmit it to the members of the Coordinating Council for approval. The statute shall contain rules of procedure, including: composition of the group, procedure for convening meetings, directives on the conduct of investigations, and proposals on the implementation of conclusions reached by the group in the course of its work.

Page 2, The Coordinating Council adopted the following decisions:
... 3. The sides pledge to examine and respond to the protests made by UNOMIG and the CIS Collective Peacekeeping Forces concerning violations of the Moscow Agreement on a Ceasefire and Separation of Forces. If the sides continue to ignore the protests made by UNOMIG and the CIS Collective Peacekeeping Forces, the Secretary-General shall report on this rnatter to the Security Council.

Page 2, ANNEX
The Special Representative of the Secretary-General of the United Nations, representatives of the Russian Federation in its capacity as facilitator, the States members of the group of Friends of the Secretary-General and OSCE urgently appeal to the sides to refrain from any actions that might exacerbate the situation in the conflict zone and lead to a resumption of armed clashes.
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 2, The agenda contained the following items: Opening the session, Mr. Liviu Bota, the Special Representative of the Secretary-General, said that the participants in the session should focus their attention on three issues :
The Coordinating Council adopted the following decisions:
1. Considering the need to halt the dangerous escalation of tension, which threatens to lead to a resumption of armed clashes, the sides must:
... (b) Take measures to halt terrorist and subversive groups, arrned formations and individuals from crossing the line separating the sides;
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: Page 2, The agenda contained the following items: Opening the session, Mr. Liviu Bota, the Special Representative of the Secretary-General, said that the participants in the session should focus their attention on three issues :
The Coordinating Council adopted the following decisions:
1. Considering the need to halt the dangerous escalation of tension, which threatens to lead to a resumption of armed clashes, the sides must:
... (b) Take measures to halt terrorist and subversive groups, armed formations and individuals from crossing the line separating the sides;

Page 2, The Coordinating Council adopted the following decisions:
... 2. The sides shall establish a joint group to investigate and prevent terrorist acts and other of fences. The group shall consist of representatives of the sides, UNOMIG and the CIS Peacekeeping Forces. Under the direction of the Special Representative of the Secretary-General, the group shall, within two weeks' time, draw up a statute on the operation of the group and transmit it to the members of the Coordinating Council for approval. The statute shall contain rules of procedure, including: composition of the group, procedure for convening meetings, directives on the conduct of investigations, and proposals on the implementation of conclusions reached by the group in the course of its work.

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: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 2, ANNEX
... This pertains, first of all, to both sides' halting construction of military- engineering installations and their destruction, within 30 days, by the forces of the sides under the supervision of UNOMIG and the CIS Collective Peacekeeping Forces.
Enforcement mechanism: Page 2, 2. sides to establish a joint group to investigate and prevent terrorist acts and other offences. The group shall consist of representatives of the dies, UNOMIG and CIS peacekeeping forces.

Page 2, The Coordinating Council adopted the following decisions:
... 3. The sides pledge to examine and respond to the protests made by UNOMIG and the CIS Collective Peacekeeping Forces concerning violations of the Moscow Agreement on a Ceasefire and Separation of Forces. If the sides continue to ignore the protests made by UNOMIG and the CIS Collective Peacekeeping Forces, the Secretary-General shall report on this rnatter to the Security Council.
Related cases: No specific mention.
Source: On file with author

Protocol of the fifth session of the Coordinating Council of the Georgian and Abkhaz sides

Sukhumi, 2 September 1998

The fifth session of the Coordinating Council, established on the basis of the concluding statement on the outcome of the meeting of the Georgian and Abkhaz sides (Geneva, 17 to 19 November 1997), was held in Sukhumi on

2 September 1998 under United Nations auspices and was chaired by

Mr. Liviu Bota, the Special Representative of the Secretary-General of the United Nations .

The agenda contained the following items :

1 . Questions relating ta the sustained non- resumption of hostilities, and security issues ;

2. Refugees and displaced persons within the country;

3 . Economic and social problems.

The Georgian side was represented by a delegation headed by Mr. Vazha Lordkipanidze .

The Abkhaz side was represented by a delegation headed by Mr. Sergei Bagapsh.

Opening the session, Mr. Liviu Bota, the Special Representative of the Secretary-General, said that the participants in the session should focus their attention on three issues :

1 . Full implementation of the Gagra Protocol ;

2 . Establishment of a mechanism t o investi gate and prevent violations of the

Moscow Agreement on a Ceasef ire and Separation of For ces;

3. Response of the sides to protests by the United Nations Observer Mission in Georgia (UNOMIG) and the Collective Peacekeeping Forces of the Commonwealth of Independent St ates (CIS)

Statements were made by the representatives of the sides, the Russian Federation i n its capacity as facilit ator, the Organization for Security and Cooperation in Europe COSCE) and the group of Friends of the Secretary-General.

General Sergei Korobko, Commander of the CIS Collective Peacekeeping Forces, and General Harun ar-Rashid, Chief Military Observer of UNOMIG, provided information about the current situation in the conflict zone.

The Coordinating Council adopted the following decisions:

1. Considering the need to halt the dangerous escalation of tension, which threatens to lead to a resumption of armed clashes, the sides must:

(a) Take effective steps to halt the skirmishes that are continuing to occur after dark across the line separating the sides;

(b) Take measures to halt terrorist and subversive groups, arrned formations and individuals from crossing the line separating the sides;

(c) The Abkhaz side shall take measures to protect civilians living in Gali district frorn unlawful acts involving the use of force.

2. The sides shall establish a joint group to investigate and prevent terrorist acts and other of fences.

The group shall consist of representatives of the sides, UNOMIG and the CIS Peacekeeping Forces.

Under the direction of the Special Representative of the Secretary-General, the group shall, within two weeks' time, draw up a statute on the operation of the group and transmit it to the members of the Coordinating Council for approval.

The statute shall contain rules of procedure, including:

composition of the group, procedure for convening meetings, directives on the conduct of investigations, and proposals on the implementation of conclusions reached by the group in the course of its work.

3. The sides pledge to examine and respond to the protests made by UNOMIG and the CIS Collective Peacekeeping Forces concerning violations of the Moscow Agreernent on a Ceasef ire and Separation of Forces.

If the sides continue to ignore the protests made by UNOMIG and the CIS Collective Peacekeeping Forces, the Secretary-General shall report on this rnatter to the Security Council.

4. To request the Special Representative of the Secretary-General to resume negotiations between the sides on the elirnination of the consequences of the May events, the safe return of refugees and rneasures to rehabilitate Abkhazia's econorny.

5. To arnend the first sentence of the second paragraph of point 2 of the of the Coordinating Council to read as follows:

"The Council shall of four representatives each frorn the Georgian and Abkhaz sides."

6. The Special Representative of the Secretary-General, representatives of the Russian Federation in its capacity as facilitator, the States rnembers of the group of Friends of the Secretary-General and OSCE have adopted the decision annexed hereto.

ANNEX

The Special Representative of the Secretary-General of the United Nations, representatives of the Russian Federation in its capacity as facilitator, the States members of the group of Friends of the Secretary-General and OSCE urgently appeal ta the sides to refrain frorn any actions that might exacerbate the situation in the conflict zone and lead to a resurnption of arrned clashes.

This pertains, first of all, to both sides' halting construction of military- engineering installations and their destruction, within 30 days, by the forces of the sides under the supervision of UNOMIG and the CIS Collective Peacekeeping Forces.