Record of the first meeting of the Coordinating Council of the Georgian and Abkhaz Parties and Statute of the Coordinating Council

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Country/entity: Georgia
Abkhazia
Region: Europe and Eurasia
Agreement name: Record of the first meeting of the Coordinating Council of the Georgian and Abkhaz Parties and Statute of the Coordinating Council
Date: 18 Dec 1997
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 Party was represented by a delegation consisting of Mr. Vazha Lordkipanidze, Mr. Rezo Adamia and Mr. Tamaz Khubua.

The Abkhaz Party was represented by a delegation made up of Mr. Tamaz Ketsba, Mr. Sergei Tsargush and Mr. Victor Khashba.

(Signed) L. Bota (Signed) T. Ketsba (Signed) V. Lordkipanidze
Third parties: Representatives of the Russian Federation in its capacity as facilitator, the organization for Security and Cooperation in Europe (OSCE), and the States belonging to the Group of Friends of the Secretary-General – France, Germany, the Russian Federation, the United Kingdom and the United States of America – acting as observers, participated in the work of the session.
Description: Adopted Statute of Coordinating Council to take forward negotiations. Council would include three representatives each from Georgian and Abkhaz parties and decisions would be binding. Agreed programmes for 3 working groups: Working Group I to deal with issues related to the lasting non-resumption of hostilities and security problems; Working Group II with refugees/displaced persons and Working Group III with economic and social problems.

Agreement document: GE_971218_Record Coordination Council of the Georgian and Abkhaz Parties.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 3, Working Groups, The working groups shall carry out activities in the following areas: ... Working Group II – refugees and internally displaced persons; ...

Page 4, Jurisdiction of the Council
(b) Refugees and internally displaced persons
In accordance with the concluding statement of the Geneva meeting, consideration of proposals on the resumption of the organized process of the voluntary, safe return of refugees and displaced persons. Working Group II shall deal with the drafting of appropriate recommendations.
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 formal power sharing at executive level - however, page 2, paragraph 2 states that “The Council shall consist of three representatives each from the Georgian and Abkhaz Parties.”
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: 4. establishes working group to examine issues concerning economic and social problems

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 3, Working Groups, The working groups shall carry out activities in the following areas: ... • Working Group III – economic and social problems.

Page 4, Jurisdiction of the Council
... (c) Economic and social problems
Consideration of questions of mutual interest to the Parties (energy, transport, communications, environment). Consideration of proposals to remove obstacles to normal economic and social development.
Working Group III shall draft proposals and recommendations on the establishment of effective cooperation between the Parties in agreed areas.
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 3, Working Groups, The working groups shall carry out activities in the following areas: • Working Group I – issues related to the lasting non-resumption of hostilities and to security problems;

Page 3, Jurisdiction of the Council
(a) ... Assistance in mine clearance.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 3, Working Groups, The working groups shall carry out activities in the following areas: • Working Group I – issues related to the lasting non-resumption of hostilities and to security problems;

Page 3, Jurisdiction of the Council
(a) Issues related to the lasting non-resumption of hostilities and to security problems
Consideration of violations of the Agreement on a Ceasefire and Separation of Forces of 14 May 1994 and the relevant provisions of Security Council resolution 937 (1994) of 21 July 1994, and the adoption of decisions to prevent such violations.
Consideration of questions relating to the Parties’ effective implementation of their obligations.
... Working Group I shall investigate violations of the ceasefire regime, and terrorist or subversive activities, and shall draft proposals and recommendations on matters within its competence. Working Group I shall meet as necessary but at least once a week.
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 3, Jurisdiction of the Council
(a) ... Adoption of effective measures to put an end to any activities by illegal armed formations, terrorist or subversive groups or individuals, including individuals who infiltrate into the conflict zone, as well as any activities that may destabilize the peace process or lead to a resumption of hostilities.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: Page 3, Jurisdiction of the Council
(a) Issues related to the lasting non-resumption of hostilities and to security problems
... Working Group I shall investigate violations of the ceasefire regime, and terrorist or subversive activities, and shall draft proposals and recommendations on matters within its competence. Working Group I shall meet as necessary but at least once a week.

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: UN acting as facilitator; SRSG to chair the Council
Other international signatory: OSCE, Russian Federation
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 2, General provisions
The Coordination Council (hereinafter referred to as “the Council”) is established in accordance with the concluding statement on the outcome of the meeting held in Geneva from 17 to 19 November 1997. The Council is established in order to implement the provisions of the concluding statement.
Related cases: No specific mention.
Source: INCORE: http://www.incore.ulst.ac.uk/services/cds/agreements/pdf/geo8.pdf

Record of the first session of the Coordination Council of the Georgian and Abkhaz Parties, held in Sukhumi on 18 December 1997

Record of the First Session of the Coordination Council of the Georgian and Abkhaz Parties

Sukhumi, 18 December 1997

The first session of the Coordination Council, established on the basis of the concluding statement on the outcome of the meeting between the Georgian and the Abkhaz Parties (Geneva, 17 to 19 November 1997), took place in Sukhumi on 18 December 1997 under the auspices of the United Nations and the chairmanship of the Special Representative of the Secretary-General, Mr. Liviu Bota.

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

The Abkhaz Party was represented by a delegation made up of Mr. Tamaz Ketsba, Mr. Sergei Tsargush and Mr. Victor Khashba.

Opening the session, the Special Representative of the Secretary-General welcomed the arrival in Sukhumi of the members of the Georgian delegation, who were appointed by Mr. E. Shevardnadze and represent the Georgian Party exclusively in the Coordination Council.

Representatives of the Russian Federation in its capacity as facilitator, the organization for Security and Cooperation in Europe (OSCE), and the States belonging to the Group of Friends of the Secretary-General – France, Germany, the Russian Federation, the United Kingdom and the United States of America – acting as observers, participated in the work of the session.

Mr. Ardzinba made a statement at the opening of the session.

Representatives of the Parties, the Russian Federation acting as facilitator, OSCE and the Group of Friends of the Secretary-General also made statements during the course of its work.

The participants in the session adopted the Statute of the Coordination Council, the text of which is annexed.

After the conclusion of the session of the Coordination Council, meetings of the Working Groups were held under the chairmanship of the Special Representative of the Secretary- General.

Agreement was reached on the programmes of work of the Working Groups.

Sukhumi, 18 December 1997 (Signed) L. Bota

Statute of the Coordination Council General provisions

The Coordination Council (hereinafter referred to as “the Council”) is established in accordance with the concluding statement on the outcome of the meeting held in Geneva from 17 to 19 November 1997.

The Council is established in order to implement the provisions of the concluding statement.

Composition of the Council and organization of its work

The Council shall meet under the chairmanship of the Special Representative of the Secretary-General for Georgia or his authorized representative.

The Council shall consist of three representatives each from the Georgian and Abkhaz Parties.

Representatives of the United Nations, the Russian Federation in its capacity as facilitator and the Group of Friends of the Secretary-General shall also participate in the work of the Council under the terms set out in paragraph 3 of the concluding statement.

Experts may be invited to attend meetings at the request of the Parties.

The meetings of the Council shall be convened by the Special Representative of the Secretary-General and shall be held as necessary but at least once every two months, alternately in Tbilisi and Sukhumi or at other venues agreed upon by the Parties.

Each Party shall have the right to call for an extraordinary meeting of the Council, which shall be convened by the Special Representative of the Secretary-General within three days or, in the case of urgent matters, immediately.

A preliminary agenda for meetings shall be prepared by the Special Representative of the Secretary-General in accordance with the provisions of the concluding statement and previous decisions of the Council and shall be transmitted to the participants no later than 10 days prior to the convening of the meeting.

Each Party shall have the right to put forward proposals on changes in or additions to the agenda, which shall be transmitted to the Special Representative of the Secretary-General no later than five days prior to the meeting.

The Special Representative of the Secretary-General shall hold consultations on such matters before the convening of the meeting.

The other participants in the Council may also put forward proposals concerning the agenda, which shall be considered by the Special Representative of the Secretary-General and be agreed on by the Parties.

Decisions of the Council shall be taken on the basis of consensus between the Parties.

In adopting decisions concerning the role and responsibility of the United Nations and the Russian Federation, and also decisions calling for the participation of the Group of Friends of the Secretary-General, their agreement shall be required.

Decisions of the Council shall be binding on the two Parties.

Obstacles to the implementation of the Council’s decisions shall be considered at subsequent meetings.

Where there is no consensus for adopting decisions, the Parties may state their opinion on the question under consideration for the record of the meeting.

The working language of the meetings shall be Russian.

The office of the Special Representative of the Secretary- General shall serve as the Council’s secretariat.

Working groups

Working groups shall be the executive bodies of the Coordination Council.

Working groups shall consist of two representatives each from the Georgian and Abkhaz Parties.

The meetings of the working groups shall be chaired by the Special Representative of the Secretary-General or his authorized representative, with the participation of representatives of the Russian Federation acting as facilitator, the organization for Security and Cooperation in Europe and the Group of Friends of the Secretary-General under the terms set out in paragraph 3 of the concluding statement.

Meetings of the working groups shall be convened by the Special Representative of the Secretary- General.

At the request of the Parties, experts may attend the meetings.

The working groups shall carry out activities in the following areas:

•

Working Group I – issues related to the lasting non-resumption of hostilities and to security problems;

•

Working Group II – refugees and internally displaced persons;

•

Working Group III – economic and social problems.

Groups of experts

Individual groups of experts may be established by the Council, the working groups or the Special Representative of the Secretary-General in order to examine specific aspects of questions relating to a comprehensive settlement of the conflict, as such questions arise.

Jurisdiction of the Council

(a) Issues related to the lasting non-resumption of hostilities and to security problems

Consideration of violations of the Agreement on a Ceasefire and Separation of Forces of 14 May 1994 and the relevant provisions of Security Council resolution 937 (1994) of 21 July 1994, and the adoption of decisions to prevent such violations.

Consideration of questions relating to the Parties’ effective implementation of their obligations.

Adoption of effective measures to put an end to any activities by illegal armed formations, terrorist or subversive groups or individuals, including individuals who infiltrate into the conflict zone, as well as any activities that may destabilize the peace process or lead to a resumption of hostilities.

Assistance in mine clearance.

Working Group I shall investigate violations of the ceasefire regime, and terrorist or subversive activities, and shall draft proposals and recommendations on matters within its competence.

Working Group I shall meet as necessary but at least once a week.

(b) Refugees and internally displaced persons

In accordance with the concluding statement of the Geneva meeting, consideration of proposals on the resumption of the organized process of the voluntary, safe return of refugees and displaced persons.

Working Group II shall deal with the drafting of appropriate recommendations.

Consideration of questions of mutual interest to the Parties (energy, transport, communications, environment).

Consideration of proposals to remove obstacles to normal economic and social development.

Working Group III shall draft proposals and recommendations on the establishment of effective cooperation between the Parties in agreed areas.

(Signed) L. Bota (Signed) T. Ketsba (Signed) V. Lordkipanidze