Rules Governing the Work of the Working Groups

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Country/entity: Georgia
Abkhazia
Region: Europe and Eurasia
Agreement name: Rules Governing the Work of the Working Groups
Date: 12 Jun 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: Georgia, Abkhazia
Third parties: -
Description: 1. Defines status of working groups as exec bodies of the Coordinating Council, to work in the following areas: issues related to the lasting non-resumption of hostilities and security problems; refugees and IDPs; economic and social problems. 2. Working Groups to consist of reps of both sides, under the chair of the UNSRSG, with reps of Russian Federation (facilitator), the OSCE, and group of Friends of the UNSG. 5. The decisions of the Working Groups are adopted by consensus. They constitute recommendations to be submitted to the Coordinating Council. 6. Working groups to submit reports to the Coordinating Council. 7. Office of the SRSG to act as secretariat to working groups.

Agreement document: GE_970612_Rules governing the work of working groups.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 1, Status:
... Working Groups are established in the following areas:
- Refugees and internally displaced persons (Working Group II);

Page 2, 3. Meetings:
The meetings of the Working Qroups shall be convened by the SRSG, and take place as follows:
... - Working Groups II and III shall meet as necessary

Page 3, 4. Agenda.
The agenda of the Working Groups is decided by the Coordinating Council.
Tbe following are the substantive issues to be discussed by the Working Groups:
... Working Group II: Refugees and IDPs:
- provision of humanitarian assistance to refugees and IDPs;
demining in the whole zone of conflict to enable the return to normal conditions of life.
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: Power sharing→Political power sharing→International involvement
Page 1, Membership and participants.
Members of the Working Groups shall be made up ofrepresentatives ofthe Georgian and Abkhaz parties, two from each side, and meet the chairmanship of the Special Representative of the Secretary-General (SRSG) or his authorized representatives, with the participation of representatives of the Russian Federation as facilitator and the for Security and Cooperation in Europe (OSCE), as well as the group of Friends of the Secretary-General under the conditions defined in paragraph 3 of the Concluding Statement. Advisers and consultants may attend meetings ofthe Working Groups, if the parties so wish.
Power sharing→Political power sharing→Other
Page 1, Membership and participants.
Members of the Working Groups shall be made up ofrepresentatives ofthe Georgian and Abkhaz parties, two from each side, and meet the chairmanship of the Special Representative of the Secretary-General (SRSG) or his authorized representatives, with the participation of representatives of the Russian Federation as facilitator and the for Security and Cooperation in Europe (OSCE), as well as the group of Friends of the Secretary-General under the conditions defined in paragraph 3 of the Concluding Statement. Advisers and consultants may attend meetings ofthe Working Groups, if the parties so wish.

Page 3, 5. Decisions:
The decisions of the Working Groups [are adopted by consensus. They] constitute recommendations, which shall be submitted to the Coordinating Council. When no consensus is reached for a recommendation on an issue discussed, the views of the parties on it are recorded in the report of the Working Groups to the Coordinating Council.
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: Rights related issues→Media and communication→Media roles
Page 3, 4. Agenda.
The agenda of the Working Groups is decided by the Coordinating Council.
Tbe following are the substantive issues to be discussed by the Working Groups:
... Working Group III: Economic and Social Problems:
- energy, transport, communications;
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 1, Status:
... Working Groups are established in the following areas:
... - Eonomic and social problems (Working Group lll).

Page 2, 3. Meetings:
The meetings of the Working Qroups shall be convened by the SRSG, and take place as follows:
... - Working Groups II and III shall meet as necessary
Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
Page 3, 4. Agenda.
The agenda of the Working Groups is decided by the Coordinating Council.
Tbe following are the substantive issues to be discussed by the Working Groups:
... Working Group II: Refugees and IDPs:
- provision of humanitarian assistance to refugees and IDPs;
demining in the whole zone of conflict to enable the return to normal conditions of life.
Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
Page 3, 4. Agenda.
The agenda of the Working Groups is decided by the Coordinating Council.
Tbe following are the substantive issues to be discussed by the Working Groups:
... Working Group III: Economic and Social Problems:
- energy, transport, communications;
- ecology;
- health care.
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: Page 3, 4. Agenda.
The agenda of the Working Groups is decided by the Coordinating Council.
Tbe following are the substantive issues to be discussed by the Working Groups:
... Working Group III: Economic and Social Problems:
... - ecology;
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, Status:
... Working Groups are established in the following areas:
- Issues related to the lasting non-resumption of hostilities and security problems (Working Group I);

Page 2, 3. Meetings:
The meetings of the Working Groups shall be convened by the SRSG, and take place as follows:
- Working Group 1 shall meet as necessary, but at least once a week

Page 2, 4. Agenda.
The agenda of the Working Groups is decided by the Coordinating Council.
Tbe following are the substantive issues to be discussed by the Working Groups:
Working Group I: (A) Lasting non-resumption of hostilities:
- examination of violations of the Agreement on the ceasefire and separation of forces of 14 May 1994, and
- recommendations of measures to avoid recurrence;

Page 2, 4. Agenda.
The agenda of the Working Groups is decided by the Coordinating Council.
Tbe following are the substantive issues to be discussed by the Working Groups:
... (B) · Security problems:
- investigation of reports about acts of violence by armed groups and placement of mines
- recommendations of measures to be taken to halt any activity by illegal armed formations, terrorists and subversive groups and individuals including those penetrating the Abkhaz territory
from outside.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: Page 2, 4. Agenda.
The agenda of the Working Groups is decided by the Coordinating Council.
Tbe following are the substantive issues to be discussed by the Working Groups:
... (B) · Security problems:
- investigation of reports about acts of violence by armed groups and placement of mines
- recommendations of measures to be taken to halt any activity by illegal armed formations, terrorists and subversive groups and individuals including those penetrating the Abkhaz territory
from outside

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: Working Groups to consist of reps of both sides, under the chair of the UNSRSG.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: https://peacemaker.un.org/georgia-coordination-council97

RULES goveming the work of the Working Groups

The following goveming the work ofthe Working Groups are drawn up by the Coordinating Council:

1. Status.

The Working Groups are executive bodies of the Coordinating Council.

They are established in accordance with the Concluding Statement on the outcome of the resumed meeting between the Georgian and Abkhaz parties held in Geneva from 17 to 20 November and the goveming the work ofthe Coordinating Council.

Working Groups are established in the following areas:

- Issues related to the lasting non-resumption o f hostilities and security problems (Working Group I);

- Refugees and intemally displaced persons (Working Group Il);

and sociaI problems (Working Group lll).

2. Membership and participants.

Members of the Working Groups shall be made up of representatives of the Georgian and Abkhaz parties, two from each side, and meet the chairmanship of the Special Representative of the Secretary-Genenil (SRSG) or his authorized representatives, with the participation of representatives ofthe Russian Federation as facilitator and the for Security and Cooperation in Europe (OSCE), as well as the group of Friends of the Secretary-General, under the conditions defined in paragraph 3 of the Concluding Statement.

Advisers and consultants may attend meeting of teh working groups, if the parties so wish.

3. Meetings

The meetings of the Working Qroups shall be convened by the SRSG, and take place as follows:

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

Working Groups II and III shall meet as necessary.

The working language at the meetings is Russian.

4. Agenda.

The agenda oftbe Working Groups is decided by the Coordinating Council.

The following are the substantive issues to be discussed by the Working Groups:

Working Group I:

(A) Lasting non-resumption of hostilities:

- examination of violations of the Agreement on - the and separation of forces of 14 May 1994, and recommendations of measures to avoid recurrence;

(B) Security problems:

- Investigation of reports about acts of violence by armed groups and placement of recommendations of measures to be taken to halt any activity by illegal formations, terrorists and subversive groups and individuals, including those penetrating the Abkhaz territory from outside.

Working Group Il:

Refugees and IDPs:

- provision of humanitarian assistance to refugees and IDPs;

demining in the whole zone of conflict to enable the return to normal conditions of life.

Working Group III:

Economic and Social Problems:

- energy, transport, communications;

geology;

- health care.

Other areas, issues and problems pertaining to the settlement of the conflict could be added with the agreement of the parties.

5. Decisions.

The decisions of the Worlcing recommendations, which shall be submitted to the Coordinating Council.

When na consensus is reached for a recommendation on an issue discussed, the of the parties on it are recorded in the report of the Working Group to the Coordinating Council.

6. Reports.

The Working Groups shall reports on their work to the CounciL These are signed by the Chairman and initialed by the participants.

7. Secretariat

The secretariat functions for the Working Groups are carried out by the Office of the SRSG.