Georgian Non Paper

Conflict settlement framework in Tskhinvali Region/South Ossetia (Update and Future Prospects)

Foreword / General:

Developments in Tskhinvali Region/South Ossetia in the recent past demand more clarity on the real status of affairs. These developments are characterized by the substantial change of the political and socio – economical landscape. Gradually emerging new realities can not be further neglected. In contrary, they fair and adequate reflection in the framework (s), which attempts to achieve progress en route lasting peaceful, political settlement.

Therefore, in debt insight into the realities of past political negotiation processes, as well as existing peacekeeping format is urgently needed. It will serve for our joint efforts to achieve comprehensive and lasting political resolution. In line with this, Georgian government, through the Office of the State Minister for Reintegration, introduced new proposal for the revitalization of currently stalled multilateral political negotiations. This was done after a major re - assessment of political and economical processes in the region, as well as analyses of past negotiation format, its structure and performance.

Given observations and propositions are meant to provide insight into new Georgian position. New Georgian proposal advocates requirement for the comprehensive review of political negotiation framework in Tskhinvali Region/South Ossetia as prerequisite for advancing towards peaceful, political resolution of the conflict.

Where we  stand

From the very beginning it should be acknowledged, that Government of Georgia remains  committed to the peaceful resolution of internal conflicts through direct, unconditional political negotiations, intensification of international engagement for the activation of negotiation processes, strengthening direct dialog among local communities, socio -economic development of conflict affected areas and further advancement of rehabilitation and confidence building programmes under the auspices of international organizations. The primary aim of these efforts is the lasting political settlement of the conflict and definition of autonomous status of Tskhinvali region / South Ossetia in Georgia within united Georgia;

The Government of Georgia confirms its peaceful and restrained policy vis-à-vis the conflict regions and consistently endeavors to take responsible decisions for containing security risks at the minimum possible level of tension;

The overall approach of the Government of Georgia to conflict resolution in South Ossetia is based on achieving:

- Political and economical self-governance, preservation of national identity and cultural rights for the region;

- protection of individual human rights for every citizen, permanently residing in the region;

- integrity and inviolability of Georgian state;

Georgia’s overall strategy is to motivate local communities in Tskhinvali Region/South Ossetia to engage in real political dialogue with the central Government through their plenipotentiary representatives; to create and offer variety of socio- economical, educational, business opportunities for the acceleration of reintegration processes through recovery and development. For this to happen, cumulative international support is surfacing as one of the central elements.

JCC – failed and outdated framework

As of the Joint Control Commission (JCC), previously tended as a major negotiation framework, Georgia’s approach had been based on a result oriented policy. Unfortunately, JCC set up - 3 vs. 1 from the very beginning embedded the degree of unfair disbalance, which JCC “majority” never managed and actually never strived to overcome[1]. This led to the total disregard of decisions, adopted by JCC throughout the years, on purpose sabotage of entrusted mandate and perennial manipulations by JCC “majority” threatening marginalization of Georgia’s role in JCC. Attached information presents only few of myriad deliberate mal – functions, which ultimately were directed against the full-size inclusion of Georgian side in peacekeeping operation (ANNEX 1). 

JCC as a framework contain major security elements, vital for the overall security. However, partial fulfillment of mandate and selective performance of Russian contingent dominating JPKF (s) did not allow accomplishing major peacekeeping task – creation of safe, demilitarized, and secure environment. Failures of the JPKF are directly linked with JCC inability to pursue peacekeeping and law enforcement cooperation. Again, Russia’s role in this regard is hard to underestimate. Russian readiness and commitment in fulfilling major tasks related to pacifying overall security climate in the region remains to be guaranteed.

In this respect, there is obvious gap between the reached agreements and level of their implementation by JCC as an operational structure. Altogether JCC failed to become a functional implementation mechanism to beef up political resolution processes.

Specifically:

- Progress in JCC overwhelmingly depended on the ability of Russian component of JPKF to perform tasks entrusted by the mandate, which has been delivered only partially.

- Russian domination in JPKF made it even more depended on the political will of the Russian Federation to assist in the preparation of solid grounds for the political settlement, but outputs does not march with announced targets.

- Creation of irreversibly safe and secure environment is the main goal of peacekeeping operation and only non-bias and decisive actions to be undertaken by the JPKF in this direction could harvest positive results; we did not trace JPKF commitment to fulfill this major task.

Security Priorities:

Georgian side sets forth the priorities pivotal for establishment of safe and secure environment in the region.  These are as distinguished:

- To stop diversion of weapons (including heavy military, ammunition, anti aircraft systems, anti personal mines), groups of armed “volunteers” and conventional contraband from Russia through Roki tunnel and uncontrolled roads, mainly “Dzara bypass road”  into the region, pawed and maintained under direct technical and financial support of Russia. For this purpose as a first step establishing joint JPKF checkpoint at Didi Gufta, by alternatively moving existing joint JPKF Observation Point in Georgian controlled village Kekhvi, which due to road blockade by the Tskhinvali de facto authorities remains out-of-use and can not monitor traffic and shipment to-from Tskhinvali and environs;

- To start the immediate comprehensive demilitarization of the region, including disbandment, disarming and decommissioning of illegal armed groups, bands of “volunteers” and other illegal formations. This is imperative task due to increased involvement of “volunteers” in criminal activities and permanent disturbance of public order, as well as terrorization of local Georgian and Ossetian population;

 - To activate preventive measures to combat ambushes, drive by shootings, mine incidents and attacks on Georgian police serviceman, checkpoints, international observers, and on peaceful population.

- To rationalize peacekeeping resources by redeployment of observation points, temporary and stationary checkpoints. Particularly this applies to observation point Megvrekisi of Russian JPKF, which wastes peacekeeping recourse and creates unnecessary obstacles for the movement of local population, whose freedom of movement is already hugely restricted by road-blockades established by Tskhinvali de facto authorities.

- Guaranteeing full and unconditional de-blocking of transport roots, currently under the siege of de facto paramilitary formations, is another top task for overall security;

- To establish a cooperation framework between the law enforcement bodies in the region. If/when the demilitarization progresses in achieving its core tasks, local law enforcement structures should be prepared for taking over policing capabilities to sustain safe and secure environment;

- Russia to stop unilateral economical projects in the region, which keeps alive Tskhinvali de facto regime’s military-economical capabilities, inter alia, construction of high-voltage electrical line from Russia, resulting in smuggling of huge amount of electricity into the region; ongoing construction of illegal gas pipe-line, stretching from Russia to the region, shadow investments into de facto controlled areas.       

Future Negotiation Formats:

Georgia reaffirms readiness to continue working in future negotiation formats for peaceful and full-scale political resolution of the conflict in Tskhinvali region / South Ossetia. However, from the outset, progress can not be achieved if ALL political and societal segments of local society are not represented and directly involved in the processes related to the determination of the future of the region. This is especially relevant to the political settlement. 

Current top priority is the direct and unconditional dialogue among all political forces and structures present in the region. In this regard engagement of the Administration of the Provisional Administrative Unit of South Ossetia and its Leader Dimitri Sanakoev is the task of an utmost importance.

Another priority is to continue involving Russia in these processes. Russia maintains dominant leverage on de facto authorities in Tskhinvali and without their commitment to peace process negotiations will not succeed. We acknowledge Russia’s role and importance of their direct involvement in negotiations on conflict resolution, and we reiterate offer for their non-bias and balanced involvement. 

 At the same time, OSCE and European Union (through European Commission) have cumulatively increasing influence on the situation on the ground. Their inclusion in political settlement format is pivotal, citing on special value of incorporating Georgia’s Western partners in the processes of confidence building and socio-economical rehabilitation, as well as security sector development and introduction of modern and functioning regional self governance.

With all above in mind, and obvious fact that existing formats, and first of all JCC, is non-functional and hardly can serve for achieving political progress, Georgia offers to kick-start multilateral negotiations on political settlement within the following structural frames:

2 – Georgian Government and Russia

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2 – Sanakoev’s Administration and de facto Tskhinvali authorities

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2 – OSCE and European Commission

With this approach we will be able to incorporate all the major players, will near the breakthrough in negotiations for the definition of the status of the region within Georgia and advance towards achieving peaceful, and lasting political settlement of the conflict. 

Ends

(March-April 2008)

(http://www.report.smr.gov.ge/GoG)



[1] As per mandate JCC members are: Russian Federation (RF), Republic North Ossetia / Alania of the RF, de facto Tskhinvali regime and Georgia