Proposals of Georgia on the
Status of Abkhazia, Georgia,
(Circulated by Government of
Georgia as a document in UNO’s Security Council)
The settlement of the conflict
in
The failure to settle the
conflict has caused a human tragedy for over 300 000 peaceful civilians,
mostly Georgians, who have been forced to flee the region. It has left a bloody
wound and created a source of tension within
We reiterate that the solution
to this highly complex problem can be achieved only if every opportunity for
political, socio-economic and cultural development is afforded to Abkhazia,
with the
In defining the status of
a) The inviolability of the
territorial integrity of
b) The inviolability of the territorial
integrity of Abkhazia within the borders of the format
c) Recognition of Abkhazia’s
right to exercise its competence within the federation as a component of the
federal State of
d) Institutional incorporation
– in the Constitution of the Republic of Abkhazia and in the Constitution of
Georgia – of the right of the Abkhaz people to develop their culture and
long-standing traditions, and to integrate historical elements into the
political and social life of the people, with full respect and guarantees for
the human rights and freedoms of the entire multiethnic population of Abkhazia,
and with the guarantee of active participation by its representatives in the
work of the federal organs of power.
On the basic of the foregoing
considerations on the status of Abkhazia, the following principles are
proposed:
1. Abkhazia is one of the
components of a federation established in
2. The Republic of Abkhazia
shall independently exercise legislative, executive and judicial powers in
areas defined by the Constitution of the federal State (
3. The Republic of Abkhazia shall
enjoy the following sovereign rights:
a) It shall adopt and amend
the Constitution of the
b) It shall define the
structure and organization of the legislative organ of the
c) It shall determine the
Republic’s form of government, the structure of the State and the modalities of
their creation;
d) It shall establish the
Republic’s judicial system – ordinary courts, supreme court,
constitutional court and office of the procurator – provided that the
Federation’s Supreme Court,
e) It shall determine the State
symbols of the
f) It shall determine the size
of the Republic’s budget, as well as revenue and expenditure;
g) It shall engage in foreign
relations and shall participate in international and regional organs and
organizations;
h) It shall manage the State
property of the Republic;
i) It shall settle questions
of nationality of the Republic;
j) It shall settle questions
relating to social policy, education, science, culture, physical education,
sport and tourism;
k) It shall establish, and
determine the modalities for establishing, the Republic’s police agencies and
for internal affairs agencies at various levels to ensure law and order;
l) Within the republic, it
shall be responsible for telecommunications, radio, television and transport;
m) It shall take measures to
protect the environment.
4. The federal State shall
enjoy the following sovereign rights:
a) It shall adopt and amend
the federal Constitution;
b) It shall enact legislation
and enforce laws and other legislative instruments of the federal state;
c) It shall establish the
supreme organs of the federal State – legislative, executive and judicial – and
shall establish the modalities for their organization and activities;
d) It shall be responsible for
the structure of the federal State;
e) It shall determine the
status and regime of national borders and shall be responsible for protecting
them; it shall also determine the status of and provide protection for
territorial waters, airspace, the continental shelf and the exclusive economic
zone;
f) It shall enact legislation
to protect human rights and fundamental freedoms. It shall monitor
implementation of internal legislation and international legal obligations;
g) It shall enact legislation
regarding nationality of the federal State, and determine the conditions for
the acquisition or loss of nationality, travel to and
from the federal State, and the status of foreigners and stateless persons;
h) It shall be responsible for
federal budget, the monetary and financial system, the issue of currency,
federal banks, customs, customs duties and other duties;
i) It shall be responsible for
defence, the armed forces and the security of the federal State.
The unified armed forces of
the federal State may be of a territorial nature in the
The unified frontier guards of
the federal State may be established on a territorial basis like the armed
forces, provided they are under the strict
supervision and control of the federal authorities;
j) The federal State shall be
responsible for foreign policy and international relations, diplomatic and
consular services, international agreements, and membership in inter-State and
international organs and organizations;
k) It shall be responsible for
transregional and international telecommunications, national radio and
television, and postal services;
l) It shall regulate the
transit of oil and gas pipelines;
m) It shall enact legislation
to protect and monitor the environment;
n) It shall enact criminal,
civil and procedural laws, and legislation regarding the earth, the subsoil and
natural resources.
5. The constitutional Statute
(agreement) formalizing these arrangements are not subject, to unilateral modification
or revocation in whole or in part.
1999.07.23
(www.un.org/docs)