PROTOCOL # 40 OF THE MEETING OF CO-CHAIRMEN OF JOINT CONTROL COMMISSION (JCC) FOR THE GEORGIAN-OSSETIAN CONFLICT SETTLEMENT

November 19-20, 2004, Vladikavkaz

Chaired by: T. Kusov – State Advisor to President of North Ossetia-Alania Head of North Ossetian Part of the JCC

Agenda

1. On the process of implementation of the agreements achieved at the meeting of E. Kokoiti and Z. Zhvania in Sochi on November 5, 2004 and other decisions of the JCC made in the past.

2. Miscellaneous.

Resolved:

1. On the process of implementation of the agreements achieved at the meeting of E. Kokoiti and Z. Zhvania in Sochi on November 5, 2004 and other decisions of the JCC made in the past.

(Kusov, Khaindrava, Chochiev, Kenyaikin, Nikolayev, Vantomme, Kulakhmetov, Friev, Goguadze, Fetch)

Dzasokhov, President of Republic of North Ossetia-Alania, made a speech at the session of the JCC for settlement of the Georgian-Ossetian conflict.

He supported the striving towards peaceful settlement of the conflict and the attempts made for demilitarization of the zone of conflict. For the purpose of activating the process of conflict settlement, A. Dzasokhov provided a number of proposals, including establishment of a zone of economic welfare, establishment of special monitoring groups of Russia and Georgia, activating the efforts of Russian-Georgian commission on commercial and economic cooperation.

The meeting participants expressed their support to the above-noted proposals and deemed it expedient to form an expert group for studying the issues of establishing the zone of economic welfare, including the territories of Alagirski region of North Ossetia, South Ossetia and Gori region of Georgia, as well as the possibilities of efficient utilization of transport communications, including highways (automobile roads) and the Black Sea ports.

The JCC stated that the meeting of Mr. Z. Zhvania with E. Kokoiti, which took place on November 5, 2004 in Sochi, facilitated the process of increasing the trust and confidence between the parties to the conflict, reduction of tension in the zone of the conflict and gave incentive to practical work on gradual demilitarization of the zone of conflict.

The concrete results of the performed work are as follows: sharp reduction of skirmish, withdrawal of units of armed formations from the zone of conflict and their replacement with the JPKF, beginning of dismantling the fortification erections and minefields.

The JCC marks the readiness of the OSCE to render material and technical assistance to the parties to carry out works for liquidation of fortification erections.

It is notable that the concepts “zone conflict”, “zone of responsibilities of the JPKF”, “corridor” of safety, the parties declare their adherence to fundamental documents signed by the parties in the conflict within the settlement of the Georgian-Ossetian conflict.

The parties welcome the beginning of publication of the information bulletin of the JCC. In the opinion of the JCC, publication of such bulletin with the participation off the parties is an unprecedented case in the world practice of settlement of the conflict. The agenda includes the issue of publishing the collection of fundamental documents on settlement of the Georgian-Ossetian conflict on the basis of the bulletin.

The JCC marks with great satisfaction that the development of agreements achieved previously between the parties activated the work for economic rehabilitation of the zone of conflict.

In addition, the situation in the zone of conflict remains unstable, including in connection with the non-fulfillment of the agreements achieved in the part.

The JCC is concerned about the existed impediments for delivery of humanitarian aid for Ossetian population in the zone of the Georgian-Ossetian conflict.

The JCC is extremely concerned about the incidents, which occurred recently with regard to peacemaking forces.

The JCC expressed great concern about the following issues:

1. Continuing firing of inhabited localities in the zone of conflict;

2. Existence of armed formations in the zone of conflict, which is not considered under the respective agreements;

3. Existence of heavy technique and armaments in the zone of conflict;

4. Existence of illegal posts, which has not been agreed with the JCC;

5. Impediments to safe communications across the Trans Caucasian highway and other roads of the zone of conflict;

6. Impediments to free movement of soldiers of the JPKF in the zone of the conflict;

7. Non-fulfillment of decisions of the JCC on placing posts of the JPKF in the inhabited localities of Kekhvi, Tamarasheni, as well as on dismantling of the block-post in the village of Tamarasheni;

8. Facts of laying land mines on Transkam (Trans Caucasus Highway) in the area of inhabited localities in Tamarasheni and Kekhvi and untimely investigation of the given facts;

9. Illegal cutting and export of timber from the territory of then zone of conflict;

10. Facts of taking captives;

 In the process of discussion, the Georgian and South Ossetia parties expressed mutual claims, resolution of which, in the opinion of the parties, could support increase of trust and confidence and the process of peaceful settlement of the Georgian-Ossetian conflict.

Georgian party presented the following claims:

1. Impediments created for representatives of mass media with regard to coverage of events in the zone of conflict;

2. Movement of cargo in the zone of conflict from Russian Federation through the only legitimate checkpoint at the Russian-Georgian border “Kazbegi Upper Lars”;

3. Provocative incident taking place on November 19, 2005 in the zone of conflict, which caused wounding of two Georgian peacemakers;

4. Facts of violence against the peaceful population.

South Ossetian party presented the following claims:

1. Entry and existence of three hundred military personnel of internal army of the Ministry of Defense of Georgia in the to the zone of conflict, in the region of the village of Akhalsopeli, as well as the center for training of reservists in the village of Dzevera;

2. The number of military personnel defined by the JCC at the posts of the JPKF is far exceeded by the Georgian party;

3. The unapproved post in the village of Dirbi has not be eliminated irrespective of the decision of the JCC;

4. Armed attack on a car of the Ossetian battalion of the JPKF, kidnapping and murder of Ossetian peacemakers. As of to date, the fact of death and wounding of military personnel of the JPKF has not been investigated and the military property and armament has not been returned;

5. Passage of cargo to the villages of Tskhinvali and Leningori regions, including humanitarian aid, is being blocked by Georgian party;

6. Rights of citizens of the Ossetian nationality passing through the territory of Gori region to the villages of Leningori and Tskhinvali regions are violated, representatives of Georgian law enforcement organs detain them and confiscate transport facilities with the South Ossetian number plates.

7. Flights of Georgian military aircrafts over the zone of the conflict;

8. Violation of terms of rotation of Georgian peacemaking battalion;

9. Regular blocking of Transcam at Tamarasheni-Kekhvi;

10. Existence of monitoring officers of the OSCE in the area of the post “Pauk” (“Spider”).

the JCC made the following decision:

1, For the purpose of ensuring safety of the population and observance with the regime of ceasefire:

- The Joint Headquarters of the JPKF, within the period of one week, shall resolve the issue of putting posts of peacemaking forces at eastern and western outskirts of the inhabited localities from Tamarasheni to Kekhvi and the villages Kheiti and Kemerta located on the both sides of the river Didi Liakhvi;

- The parties to the conflict, prior to November 25, 2004, shall present schemes of their fortification erections and the agenda of their dismantling on the territory from the inhabited localities of Tamarasheni and Kekhvi and the villages Kheiti and Kemerta located on the both sides of the river Didi Liakhvi;

- The Joint Headquarters, prior to November 28, 2004, shall monitor the stated region through attracting officers of the OSCE, and the parties shall start respective activities for dismantling the fortification erections in the above-noted regions;

- The parties shall withdraw all armed formations unspecified under the applicable agreements from the above-noted inhabited localities and neighboring territories;

2. The JPKF shall take control over the process of implementing the work and regularly inform the JCC thereof;

3. For the purpose of strengthening the mutual confidence, the leadership of the parties to the conflict, shall ensure objective coverage of the taken actions through the Press-Center of the JPKF and mass media of the parties;

4. Determine, that ID of a soldier of peacemaking forces shall be signed by the Commander of the JPKF. The Commander of the JPKF and chief military superiors of Russian, Georgian and North Ossetian battalions shall bring the above-noted documents in compliance with this decision prior to December 10, 2004.

2. Miscellaneous:

(Kusov, Khaindrava, Chochiev, Kenyaikin, Nikolayev)

2.1. Approve D. Japaridze as the co-editor of the Bulletin of the JCC from the Georgian party and dismiss I. Loladze from this post.

2.2. Approve the provision of meetings of the authorized cochairmen of the JCC (attached).

2.3. Apply to the European Commission with the request to continue rendering financial assistance to the activities of Georgian and South Ossetian parts of the JCC and the process of negotiations.

T. Kusov, Chairman of Session, Head of North Ossetian part of the JCC

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)