Agreement on a Ceasefire and Separation of Forces

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Country/entity: Georgia
Abkhazia
Region: Europe and Eurasia
Agreement name: Agreement on a Ceasefire and Separation of Forces
Date: 14 May 1994
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: Georgia, Abkhazia
Third parties: -
Description: Formalised commitment to ceasefire and made provision for separation of forces and deployment of peace-keeping force of the Commonwealth of Independent States (CISPKF) to monitor compliance. Also appealed to UN to expand mandate of military services to provide for their participation.

Agreement document: RU_GE_940514_Agreement on a Cease-fire and Separation of Forces, signed in Moscow on 14 May 1994.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, 3. The precise demarcation on a detailed map and a plan for the separation of forces in the initial phase of the deployment of the peace-keeping force shall be worked out by the command of the peace-keeping force with the participation of the parties in the context of a step-by-step, comprehensive settlement, with a continuation of the return of refugees and displaced persons and in compliance with this Agreement, in a working group, which shall begin its work to this end in Moscow within five days after the signing of this Agreement. It shall complete this task within five days. Disengagement shall commence five days after the working group has completed its task. The process of disengagement shall be completed no later than 10 days after it has commenced.
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: Page 2, "The function of the peace-keeping force of the Commonwealth of Independent States shall be to exert its best efforts to maintain the cease-fire and to see that it is scrupulously observed. Further, its presence should promote the safe return of refugees and displaced persons, especially to the Gali district. It shall supervise the implementation of the Agreement and the Protocol thereto with regard to the security zone and the restricted-weapons zone. In carrying out its mission, the force shall comply with local laws and regulations and shall not impede the functioning of the local civil administration. It shall enjoy freedom of movement in the security zone and the restricted-weapons zone and freedom of communications, and other facilities needed to fulfil its mission."
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: Page 2, "The function of the peace-keeping force of the Commonwealth of Independent States shall be to exert its best efforts to maintain the cease-fire and to see that it is scrupulously observed. Further, its presence should promote the safe return of refugees and displaced persons, especially to the Gali district. It shall supervise the implementation of the Agreement and the Protocol thereto with regard to the security zone and the restricted-weapons zone. In carrying out its mission, the force shall comply with local laws and regulations and shall not impede the functioning of the local civil administration. It shall enjoy freedom of movement in the security zone and the restricted-weapons zone and freedom of communications, and other facilities needed to fulfil its mission."
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 1, 2. The armed forces of the parties shall be separated in accordance with the following principles:
a. The area between lines B and D on the attached map (see appendix) shall constitute a security zone. There shall be no armed forces or heavy military equipment within this zone. The territory between lines A and B and lines D and E shall constitute a restricted-weapons zone. There shall be no heavy military equipment within this zone. The local civil authorities shall function in the security zone and the restricted-weapons zone. The police/militia employed for this purpose may carry personal arms; Heavy military equipment includes:
i. All artillery and mortars of a calibre exceeding 18 mm;
ii. All tanks;
iii. All armoured transport vehicles;

Page 1, 2. The armed forces of the parties shall be separated in accordance with the following principles:
... c. The heavy military equipment to be withdrawn from the security zone and the restricted-weapons zone shall be stored in designated areas to be determined by the parties and shall be monitored by United Nations military observers;

Page 2, 2. The armed forces of the parties shall be separated in accordance with the following principles:
... d. Under the supervision of representatives of the peace-keeping force of the Commonwealth of Independent States and United Nations observers, with the participation of representatives of the parties from the Kodori valley, the troops of the Republic of Georgia shall be withdrawn to their places of deployment beyond the frontiers of Abkhazia; A regular patrol of the peace-keeping force and international observers shall be organized concurrently in the Kodori valley;
Ceasefire: Security sector→Ceasefire→Ceasefire provision
The whole agreement contains ceasefire provisions.

Page 1, 1. The parties shall scrupulously observe the cease-fire on land, at sea and in the air and shall refrain from all military actions against each other.

Page 2, "The function of the peace-keeping force of the Commonwealth of Independent States shall be to exert its best efforts to maintain the cease-fire and to see that it is scrupulously observed. Further, its presence should promote the safe return of refugees and displaced persons, especially to the Gali district. It shall supervise the implementation of the Agreement and the Protocol thereto with regard to the security zone and the restricted-weapons zone. In carrying out its mission, the force shall comply with local laws and regulations and shall not impede the functioning of the local civil administration. It shall enjoy freedom of movement in the security zone and the restricted-weapons zone and freedom of communications, and other facilities needed to fulfil its mission."
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, 2. The armed forces of the parties shall be separated in accordance with the following principles:
... e. All volunteer formations made up of persons from beyond the frontiers of Abkhazia shall be disbanded and withdrawn;
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: 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 1, 2. The armed forces of the parties shall be separated in accordance with the following principles:
b. The peace-keeping force of the Commonwealth of Independent States and the military observers, in accordance with the Protocol to this Agreement, shall be deployed in the security zone to monitor compliance with this Agreement;

Page 2, 2. The armed forces of the parties shall be separated in accordance with the following principles:
... d. Under the supervision of representatives of the peace-keeping force of the Commonwealth of Independent States and United Nations observers, with the participation of representatives of the parties from the Kodori valley, the troops of the Republic of Georgia shall be withdrawn to their places of deployment beyond the frontiers of Abkhazia; A regular patrol of the peace-keeping force and international observers shall be organized concurrently in the Kodori valley;

Page 2, 2. The armed forces of the parties shall be separated in accordance with the following principles:
... f. The movement of units and subunits of the peace-keeping force and of the international observers outside the security zone in the relevant areas shall be subject to agreement with the parties;
g. United Nations military observers shall also monitor the coastal waters and airspace between lines A and D;
h. In the event of an attack or a direct military threat against the peace-keeping force, it shall take appropriate measures for its safety and self-defence.

Page 2, 3. The precise demarcation on a detailed map and a plan for the separation of forces in the initial phase of the deployment of the peace-keeping force shall be worked out by the command of the peace-keeping force with the participation of the parties in the context of a step-by-step, comprehensive settlement, with a continuation of the return of refugees and displaced persons and in compliance with this Agreement, in a working group, which shall begin its work to this end in Moscow within five days after the signing of this Agreement. It shall complete this task within five days. Disengagement shall commence five days after the working group has completed its task. The process of disengagement shall be completed no later than 10 days after it has commenced.

Page 2, "The function of the peace-keeping force of the Commonwealth of Independent States shall be to exert its best efforts to maintain the cease-fire and to see that it is scrupulously observed. Further, its presence should promote the safe return of refugees and displaced persons, especially to the Gali district. It shall supervise the implementation of the Agreement and the Protocol thereto with regard to the security zone and the restricted-weapons zone. In carrying out its mission, the force shall comply with local laws and regulations and shall not impede the functioning of the local civil administration. It shall enjoy freedom of movement in the security zone and the restricted-weapons zone and freedom of communications, and other facilities needed to fulfil its mission."

Page 3, "The peace-keeping force of the Commonwealth of Independent States shall operate under the Interim Unified Command and the Commander of the Peace keeping Force."

Page 3, On the basis of the statement by the Council of Heads of State of the Commonwealth of Independent States dated 15 April 1994 (S/1994/476, annex), the parties appeal to the Council to take a decision on the use of a collective peace-keeping force within the zone of the Georgian-Abkhaz conflict.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: UN Peacemaker; http://peacemaker.un.org/georgia-ceasefire94

Agreement on a Cease-Fire and Separation of Forces, signed in Moscow on 14 May 1994

In the Declaration on Measures for a Political Settlement of the Georgian Abkhaz Conflict, signed in Moscow on 4 April 1994 (S/1994/397, annex I), the Parties committed themselves to strict compliance with a formal cease-fire from that date, and once again reaffirmed their commitment to the non-use of force or threat of the use of force against each other, as expressed in their communiqué of 13 January 1994.

That commitment remains valid.

This Agreement on a Cease-Fire and Separation of Forces formalizes that commitment.

The parties shall scrupulously observe the cease-fire on land, at sea and in the air and shall refrain from all military actions against each other.

The armed forces of the parties shall be separated in accordance with the following principles:

The area between lines B and D on the attached map (see appendix) shall constitute a security zone.

There shall be no armed forces or heavy military equipment within this zone.

The territory between lines A and B and lines D and E shall constitute a restricted-weapons zone.

There shall be no heavy military equipment within this zone.

The local civil authorities shall function in the security zone and the restricted- weapons zone.

The police/militia employed for this purpose may carry personal arms;

Heavy military equipment includes:

All artillery and mortars of a calibre exceeding 18 mm;

All tanks;

All armoured transport vehicles;

The peace-keeping force of the Commonwealth of Independent States and the military observers, in accordance with the Protocol to this Agreement, shall be deployed in the security zone to monitor compliance with this Agreement;

The heavy military equipment to be withdrawn from the security zone and the restricted-weapons zone shall be stored in designated areas to be determined by the parties and shall be monitored by United Nations military observers;

Under the supervision of representatives of the peace-keeping force of the Commonwealth of Independent States and United Nations observers, with the participation of representatives of the parties from the Kodori valley, the troops of the Republic of Georgia shall be withdrawn to their places of deployment beyond the frontiers of Abkhazia;

A regular patrol of the peace-keeping force and international observers shall be organized concurrently in the Kodori valley;

All volunteer formations made up of persons from beyond the frontiers of Abkhazia shall be disbanded and withdrawn;

The movement of units and subunits of the peace-keeping force and of the international observers outside the security zone in the relevant areas shall be subject to agreement with the parties;

United Nations military observers shall also monitor the coastal waters and airspace between lines A and D;

In the event of an attack or a direct military threat against the peace-keeping force, it shall take appropriate measures for its safety and self-defence.

The precise demarcation on a detailed map and a plan for the separation of forces in the initial phase of the deployment of the peace-keeping force shall be worked out by the command of the peace-keeping force with the participation of the parties in the context of a step-by-step, comprehensive settlement, with a continuation of the return of refugees and displaced persons and in compliance with this Agreement, in a working group, which shall begin its work to this end in Moscow within five days after the signing of this Agreement.

It shall complete this task within five days.

Disengagement shall commence five days after the working group has completed its task.

The process of disengagement shall be completed no later than 10 days after it has commenced.

A map indicating the security zone and the restricted-weapons zone is contained in the appendix.

Protocol.

The Protocol concerning the peace-keeping force of the Commonwealth of Independent States is as follows:

"The parties agree that:

"The function of the peace-keeping force of the Commonwealth of Independent States shall be to exert its best efforts to maintain the cease-fire and to see that it is scrupulously observed.

Further, its presence should promote the safe return of refugees and displaced persons, especially to the Gali district.

It shall supervise the implementation of the Agreement and the Protocol thereto with regard to the security zone and the restricted-weapons zone.

In carrying out its mission, the force shall comply with local laws and regulations and shall not impede the functioning of the local civil administration.

It shall enjoy freedom of movement in the security zone and the restricted-weapons zone and freedom of communications, and other facilities needed to fulfil its mission."

"The peace-keeping force of the Commonwealth of Independent States shall operate under the Interim Unified Command and the Commander of the Peace keeping Force."

The process of achieving a comprehensive political settlement shall be pursued.

The parties appeal to the United Nations Security Council to expand the mandate of the United Nations military observers in order to provide for their participation in the operations indicated above.

On the basis of the statement by the Council of Heads of State of the Commonwealth of Independent States dated 15 April 1994 (S/1994/476, annex), the parties appeal to the Council to take a decision on the use of a collective peace-keeping force within the zone of the Georgian-Abkhaz conflict.