Implementation of the Plan of 12 August 2008 (The Medvedev-Sarkozy-Saakashvili plan)

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Country/entity: Georgia
Abkhazia
Region: Europe and Eurasia
Agreement name: Implementation of the Plan of 12 August 2008 (The Medvedev-Sarkozy-Saakashvili plan)
Date: 9 Sep 2008
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: Renewal
Conflict nature: Government/territory
Peace process: Abkhazia peace process
Parties: President of Georgia, Mikheil Saukadivili;
South Ossetia;
Third parties: -
Description: -

Agreement document: GE_080909_Implementation of the 12 August 2008 Plan.pdf (opens in new tab) | Download PDF
Agreement document (original language): GE_080909_Implementation of the plan of 12 August 2008_RU.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, 1. Withdrawal of forces
... - the issue of refugees and displaced persons on the basis of the internationally recognised principles and post-conflict settlement practice;
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: Page 1, 1. Withdrawal of forces
... - the issue of refugees and displaced persons on the basis of the internationally recognised principles and post-conflict settlement practice;
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, 3. International Discussions
These will focus, inter alia, on:
- the arrangements to ensure security and stability in the region;
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: Page 1, 1. Withdrawal of forces
... - Completion of the return of the Georgian armed forces to their bases by 1 October 2008.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: Page 1, 1. Withdrawal of forces
- Withdrawal of all Russian peace-keeping forces from the five observation posts on the line between Poti and Senaki, within a maximum of seven days, taking into account the signing on 8 September of legally binding documents guaranteeing the non-use of force against Abkhazia.
- Complete withdrawal of the Russian peace-keeping forces from the areas adjacent to South Ossetia and Abkhazia to their positions prior to the outbreak of hostilities. This withdrawal will take place within 10 days after the deployment in these areas of the international mechanisms, including at least 200 European Union observers, which must take place no later than 1 October 2008, in view of the existence of legally binding documents guaranteeing the non-use of force against Abkhazia and South Ossetia.
- Completion of the return of the Georgian armed forces to their bases by 1 October 2008.
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, 1. Withdrawal of forces
... - Complete withdrawal of the Russian peace-keeping forces from the areas adjacent to South Ossetia and Abkhazia to their positions prior to the outbreak of hostilities. This withdrawal will take place within 10 days after the deployment in these areas of the international mechanisms, including at least 200 European Union observers, which must take place no later than 1 October 2008, in view of the existence of legally binding documents guaranteeing the non-use of force against Abkhazia and South Ossetia.

Page 1-2, 2. International observation mechanisms
- The UNOMIG international observers will continue to carry out their mandate in their areas of responsibility with the same number of personnel and deployment blueprint as at 7 August 2008, subject to future adjustments decided by the UN Security Council.
- The OSCE international observers will continue to carry out their mandate in their areas of responsibility with the same number of personnel and deployment blueprint as at 7 August 2008, subject to future adjustments decided by the OSCE Permanent Council.
- The preparations will be speeded up to allow the deployment of additional observers in the areas adjacent to South Ossetia and Abkhazia in sufficient numbers to replace the Russian peacekeeping forces by 1 October 2008, including at least 200 European Union observers.
- The European Union as guarantor of the principle of non-use of force is actively preparing the deployment of an observation mission to complement the existing observation mechanisms.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: UN Peacemaker; http://peacemaker.un.org/georgia-implementation-plan2008

IMPLEMENTATION OF THE PLAN OF 12 AUGUST 2008 COMMUNIQUE ISSUED BY THE PRESIDENCY OF THE REPUBLIC

Paris, 9 September 2008

Reaffirmation of the commitment of all the parties to implement in full all the provisions of the Medvedev-Sarkozy six-point plan of 12 August 2008.

Withdrawal of forces

Withdrawal of all Russian peace-keeping forces from the five observation posts on the line between Poti and Senaki, within a maximum of seven days, taking into account the signing on 8 September of legally binding documents guaranteeing the non-use of force against Abkhazia.

Complete withdrawal of the Russian peace-keeping forces from the areas adjacent to South Ossetia and Abkhazia to their positions prior to the outbreak of hostilities.

This withdrawal will take place within 10 days after the deployment in these areas of the international mechanisms, including at least 200 European Union observers, which must take place no later than 1 October 2008, in view of the existence of legally binding documents guaranteeing the non-use of force against Abkhazia and South Ossetia.

Completion of the return of the Georgian armed forces to their bases by 1 October 2008.

International observation mechanisms

The UNOMIG international observers will continue to carry out their mandate in their areas of responsibility with the same number of personnel and deployment blueprint as at 7 August 2008, subject to future adjustments decided by the UN Security Council.

The OSCE international observers will continue to carry out their mandate in their areas of responsibility with the same number of personnel and deployment blueprint as at 7 August 2008, subject to future adjustments decided by the OSCE Permanent Council.

The preparations will be speeded up to allow the deployment of additional observers in the areas adjacent to South Ossetia and Abkhazia in sufficient numbers to replace the Russian peacekeeping forces by 1 October 2008, including at least 200 European Union observers.

The European Union as guarantor of the principle of non-use of force is actively preparing the deployment of an observation mission to complement the existing observation mechanisms.

3. International discussions

The international discussions provided for in point six of the Medvedev-Sarkozy plan of 12 August 2008 will begin on 15 October 2008 in Geneva.

The preparatory talks will begin in September.

These will focus, inter alia, on:

the arrangements to ensure security and stability in the region;

the issue of refugees and displaced persons on the basis of the internationally recognised principles and post-conflict settlement practice;

any other subject, by mutual agreement of the parties.