Russian Compilation Submitted
uring March 1999 JCC
Session,
Draft
AGREEMENT (DECLARATION) On the foundations of
political and legal relations between the parties in Georgian-Ossetian conflict¹
The Georgian and South
Ossetian sides through the mediation of the
Guided by the will to develop the positive
results reached with the signing in Moscow of the Memorandum on the Security
and Confidence Building measures between the Parties to Georgian-Ossetian
Conflict on 16 May 1996 and fixed in the Declarations on the results of the
meetings between Eduard Shevardnadze and Ludvig Chibirov in Vladikavkaz on 27
August 1996, in Java on 14 November, 1997, Borjomi on 20 June 1998,
as well as in the Protocol of the Meeting of
Specially Authorized delegations of the Georgian and South Ossetian parties on
a Full Scale Resolution of Georgian-Ossetian Conflict” (March 1997, Moscow) and in the protocol of the meeting
of South ossetian and georgian delegations (January 1999, Tskhinvali)
have agrred on the following basic principles of political and legal relations at the present stage of the conflict
resolution process:
1. The parties confirm
that the negotiations on a full scale
resolution of Georgian -Ossetian conflict shall culminate in joint adopting of
a Treaty, fully resolving divergences between the parties to the conflict
and complying with the UN Charter, with the decisions of CIS and OSCE, with
other universally recognized norms of international law.
2. The parties to the
Agreement undertake to strictly adhere
to the principle to refrain from threat or use of force, of political, economic
or other forms of pressure towards each other.
3. The parties admit that good will should be the
determining factor for strengthening mutual confidence and for reaching
mutually acceptable full-scale resolution of the conflict.
The parties confirm
the necessity of poltical and legal assessment of the events of 1989-1992 and of the cause of conflict. For this they
create special bilateral commission
with the participation of international experts.
4. The Parties, guided by their strive for
achieving mutually acceptable balance of
the principles of territorial integrity
of states and the right of peoples to
self-determination, shall build their relations within internationally recognized state borders of Georgia,
taking into consideration the vital interests,
linking south Ossetia and the Republic of North Ossetia-Alania of the Russian Federation.
5. South Ossetia shall have its Constitution, its own representative, legal and executive bodies, security
forces and its own state symbols (Coat
of Arms, Flag and Anthem). South
Ossetian party shall independently, with notification to the Georgian party,
conclude international agreeements in the fields of trade & economy,
science and culture.
6. The parties recognize the necessity of
stage-by-stage transformation of the area of Georgian-Ossetian conflict into the
demilitarized zone.
The Parties confirm that the activities of
the Joint Peacekeeping Forces in the
area of conflict, carried out in conformity with the Agreement on the principles of Georgian-Ossetian Conflict
Resolution of 24 June 1992, shall continue
until the full scale resolution is reached.
7. The parties shall
continue to reinforce the cooperation between their law enforcement bodies and take specific measures to strengthen
law and order in the area of conflict,
to elaborate and carry out coordinated
special programs to combat
crime.
The parties undertake
to assist to the process of organizaed
return of refugees and IDPs, on the basis of joint JCC/UNHCR documents on
this problem.
The parties shall
continue their efforts to elaborate effective
system of defending their rights and interests, as well as to pass
normative acts to solve legal and social-economic problems related to them.
9. The parties amplify their joint efforts to
solve specific problems of rehabilitation of their economic realtions (energy,
transport, communications etc.), shall encourage initiation and fulfillment of
common projects and creation of joint ventures.
The parties shall
jointly work on the problem of setting
appropriate legal basis for the mechanisms of rehabilitation and development of
the economy of the areas affected by Georgian-Ossetian conflict.
10. The
Georgian party, together with the South Ossetian party shall facilitate
attraction of foreign investments, low-interest credits and subsidies for
economic rehabilitation and development in the area of Georgian-Ossetian
conflict, as well as to implement international social-economic and
humanitrarian programs for the territories, affected during the conflict.
At the same time the Georgian party shall
maximally consider the priorities of the South Ossetian party when working out
and implementing above-mentioned international projects of rehabilitation and
development.
11. The Georgian party is ready to coordinate
with the South Ossetian party the distribution of means envisaged in Georgian
budget for the rehabilitation works in the area of Georgian-Ossetian conflict.
The mechanism of multilateral control over spending these means shall be used.
12. Local ID cards issued by South Ossetian
authorities shall be valid on the whole
13. The parties mutually guarantee not to take unilateral decisions and actions, which
would contradict to this Agreement (Declaration).
The parties have agreed
that the fulfillment of this Agreement (Declaration) shall enjoy the guarantees
of the
14. All the disputes arising between the Parties shall be resolved by the authorized delegations
of the Parties through the mediation of the
15. Implementation of
practical arrangementsof this Agreement (Declaration) shall be carried out
within the framework of the Joint Control Commission, as well as during the
meetings of authorized delegations of the partiies, of representatives of
executive and legislative bodies.
16. This Agreement (Declaration) shall enter in force upon signing.
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¹ Phrases
in bold are taken from the drafts of the parties or are agreed upon in previous
joint documents
Made in on 1999
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For the Georgian Party
For South Ossetian Party
Through mediation of:
For the
With particpation of:
For the
For the OSCE
(Archive
of the