PROTOCOL on the status of talks on regulation of Georgian-Abkhaz issue

Moscow, 25 July 1995

Since April 1995 the talks have been conducted in Moscow on Georgian-Abkhaz regulation with participation of personal representative of the Abkhaz authorities A. M. Jergenia and the personal representative of the state of Georgia, Ambassador of Georgia to the Russian Federation V. G. Lordkipanidze.  Russian mediators have been led by the Deputy Chairman of the Government of the Russian Federation A. A. Bolshakov.

In the course of the talks the efforts have been made to respect the wishes of the sides to the maximum intent, as well as of the personal envoy of the UN Secretary General E. Brunner.

In the beginning of July of this year there was a break in the talks due to the confrontation between the sides on the characteristics of the state that had been talked bout.  On July 22 the talks were resumed on the basis of mutual consent of the sides.  After having consultations in Sukhumi A. M. Jergenia returned in Moscow and informed the interlocutors about readiness of the Abkhaz authorities to accept the formulation “united federal state”, with refining the certain conditions of the provisions of the document under consideration.

In 22-25 July of this year the proposals of the Abkhaz side were negotiated with the Georgian authorities and endorsed by the representatives of the sides, also by the mediators.  The protocol endorsed at 12h00 of July 25 was prepared for initialing (attached).

However, at 19h00 of 25 July of this year the representative of the Abkhaz side, having consultations with his authorities, declared that the document would not be ratified and that he had to leave for Sukhumi to have the document reconsidered with the members of parliament.

The sides failed to sign the Protocol at the highest level on 29 July.

A. M. Jergenia (signed)

V. G. Lordkipanidze (signed)

A. A. Bolshakov (Signed)

B. N. Pastukhov (signed)

A. N. Kovalev (signed)

 

PROTOCOL on Georgian-Abkhaz conflict settlement

Representatives of Georgian and Abkhaz sides, under the mediation of representatives of Russian Federation, held negotiations on implementation of basic provisions of "Statement on measures aimed at political settlement of the Georgian-Abkhaz conflict, dated 4 April, 1994" and

Desiring to put an end to the dividing conflict and restore state-legal relations, to reestablish peaceful coexistence, mutual respect that dates back for centuries,

Convinced that it is high time to put an end to the heave legacy of the past and to embark upon the road leading to peace and prosperity, believing that it is high time to treat one another with dignity and mutual tolerance and start building our common future in the spirit of compromise and reconciliation.

Taking care of establishment of civil peace, inter-ethnic concord and security of nations, realizing fundamental human rights and freedoms of citizens, irrespective of their nationality, religion, place of residence and other differences,

Believing that only through pooling together our efforts it will be possible to solve difficult economic problems and embark on the road leading to prosperity,

Committing themselves not to allow resumption of violence, which had brought immense sufferings and human casualties,

have agreed upon the following:

1. The Parties take commitments not to resort to arms and under no circumstances allow resumption of hostilities and bloodshed. Any differences shall be resolved exclusively by peaceful means of negotiations and consultations with the support and under the mediation of the Russian Federation, under the aegis of the United Nations, with participation of the OSCE and the Commonwealth of Independent States.

2. The Parties declare about their consent to live in an unitary federative state within the borders of the former Georgian SSR. Relations between the Parties shall be regulated by a constitutional law.

3. Foreign policy and foreign economic links, determination and implementation of defense policy, protection of state border, federal budget, energy sector, transport, custom service, protection of human rights and civil freedoms, ethnic minorities rights; ecology and liquidation of consequences of natural disasters; prevention of epidemics and liquidation of their consequences; meteorology service; standards,  etalons, metric system and time standards shall be under the competence of federal authorities.

Competence of federal authorities can be expanded upon agreement between the Parties.

4. Within the framework of agreed upon competence, an federative legislative body (parliament) shall be created, decision of which shall be legally binding on the whole territory of the federative state. The Abkhaz side shall have in advance agreed upon number of seats in the federative legislative body.

Decisions of the federative legislative body on issues directly relating to Abkhazia shall be of legal force if there are adopted by simple or qualified majority of deputies from Abkhazia, depending on whether these decisions are adopted by simple or qualified majority of the federative legislative body.

Procedure of making decisions on moot questions whether this or that issue is directly related to Abkhazia, shall be a subject of future negotiations.

5. The federal state shall be presented as a unified entity in international relations, including membership in international organizations. International treaties, concluded by the unitary federative state within its competence, shall be mandatory for Abkhazia.

Within the framework of its exclusive competence, Abkhazia shall be entitled to conclude international agreements, about which it shall inform relevant federative bodies.

6. The process of organized return of refugees and internally displaced persons shall be resumed in accordance with the quart partite agreement of April 4, 1994.

For organization of works aimed at return of refugees, a special working group composed of representatives of the Parties and the Russian Federation and the UNHCR, shall be set up.

The working group shall start its activities beginning from …August 1995 and within two weeks aftermath, and in accordance with a action plan adopted by the working group, the process of organized return of refugees to places of their permanent residence, first of all to the Gali region, shall start.

The Abkhaz side, alongside the working group and the UNHCR shall register those refugees who have already returned in a chaotic manner.

The Abkhaz sides reiterates its responsibility to guarantee security of returning refugees and internally displaced persons.

Tangible measures aimed at guaranteeing equal rights for all people residing in Abkhazia irrespective of their nationality, religion and other affiliations.

The Georgia side shall take effective measures aimed at prevention of infiltration into Abkhazia any armed formations  and individuals posed to carry out terrorist and subversive acts in the Gali region.

The Parties reconfirm, that the operation aimed at maintaining peace and carried out by the CIS collective peace-keeping forces in the conflict zone, must contribute to the speedy and safely return of refugees and internally displaced persons to the regions of their previous residence.

7.  In order to create the conditions for returning the refugees and improving the life of the war  victims, the sides call upon the Russian Federation to establish the normal border and customs regime, in parallel to the return of refugees, to solve the transport problems, first of all to restore the two-way railroad communication and secure the functioning of the energy system.

The sides demonstrate their will to join the federal state to the customs union of Russia, Belorus and Kazakhstan.

8.  The issues relating to the state arrangement of the unified federal state, distribution of competences, structure and function of the federal authorities, gradual introduction of the common currency, banking affairs, gradual development of the military forces, organization of border and customs services shall be subject of the further negotiations, which will be resumed right after this Protocol is signed.

9.  This Protocol shall come into effect after it has been signed.

10.  The sides note with satisfaction the readiness of the Russian Federation to be the guarantor of negotiations fixed in this Protocol.

On behalf of the Georgian Side …                          

On behalf of the Abkhaz Side…

In the presence of

the Russian Federation  

the United Nations

the Organization for Security and Cooperation in Europe

            " …"     1995

(Personal archive of Wazha Lortkipanidze)