DECREE ISSUED BY THE PARLIAMENT OF
The Abkhaz separatists, acting in alliance with external reactionary and
mercenaries, having seized the part of the territory of Georgia in the region
of Abkhazia by violent means, continues the unprecedented for modern civilized
world the policy of ethnic cleansing, extermination of civilian Georgian
population. The process of turning hundreds of thousands of people into refuges
and full-scale policy of genocide continue to persist.
The principles of international law, legislation of
The aforementioned tragic events can be largely attributed to the policy
of the Supreme Council of the Abkhaz ASSR. This body of State power, expected
to protect interests of all ethnic groups residing in the
The Law of the Abkhaz ASSR adopted on
The aforementioned law provided representatives of Abkhaz nationality,
making up only 18 percent of the whole population of the Autonomous Republic,
with guaranteed parliamentary majority –28 seats, while the aborigine Georgian
population, making up 47,6 percent of Abkhazia- got only 26 seats, and the rest
of national minority groups were given –11 seats.
The aforementioned norm of electoral law runs counter to requirements
laid down in articles 2, 7, and 21 of “Universal Declaration on Human Rights”
(1948), articles 2, 25, and 26 of “International Convention on Civil and
Political Rights” (1966) and other international legal documents, defining
equality of all individuals before the law, equal rights and obligations, the
right to participate in elections based on the principles of equal suffrage and
participation in public affairs, regardless of ethnic origin and other
The establishment of practice of repression of political rights, based on
ethnic affiliation, put Georgians-aborigine population of Abkhazia, comprising
nearly half of the whole population of Abkhazia - as well as Russians,
Armenians, Greeks and other ethic groups- in unprecedented discriminatory
situation and has acquired the form of racial discrimination.
Article 1 of the International Convention of 7 March 1966 “Elimination of
All Forms of Racial Discrimination” recognizes as racial discrimination any
distinction, exclusion, restriction or preference based on race, color,
descent, or national or ethnic origin which has the purpose of nullifying or
impairing the recognition, enjoyment or exercise, on an equal footing, of human
rights and fundamental freedoms in the political, economic, social, cultural or
any other field of public life.
Moreover, anti-Georgian, anti-State policy has been purposefully carried
out through gross violation of Georgian legislation and the Constitution of
Abkhazia. The leadership of the Abkhazian ASSR, having illegally declared state
sovereignty of Abkhazia, continued persistent implementation of legislative and
organizational measures that aimed at violation of territorial integrity of
The separatist policy and anti-Constitutional measures undertaken by the
separatist forced Georgian deputies, as well as several deputies representing
ethnic minorities of Abkhazia, to quit the Supreme Council of the Abkhazian
ASSR. As a result, this highest body of state power of the Autonomous Republic-
Supreme Council and its Presidium became mono-ethnic formation.
The Presidium, vast majority of which were ethnic Abkhazs, in gross
violation of the article 103 of the Constitution of Autonomous Republic
continued legislative activities, being not authorized to do so.
For example in 1991-1992 the Presidium adopted several normative acts
that declared a number of laws of the Republic of Georgia as having no legal
force on the territory of Abkhazia. In the same anti-constitutional manner, the
so-called Custom Service of Abkhazia was established, while the Prosecutor’s
Office and the Ministry of Interior was subordinated
to the Presidium. The Presidium assumed the power of making decisions on
personnel policy; a decision was made on temporary termination of the process
of “propiska” (registration) on the
Having usurped the power, the Abkhaz legislators, being agitated by
chauvinistic feelings and sentiments, on
The Supreme Authorities of State Power of Georgia, in order to maintain
unitary legislation throughout the country, consequently would repeal, suspend
or declare null and void those anti-constitutional and anti-democratic acts
that aimed at establishment and legal endorsement of the regime of apartheid,
the Abkhaz domination over other people living in Abkhazia.
In fact, by pursuing such kind of legislative policy, the Abkhaz political
leaders have committed crime against peace and humanity – apartheid, considered
as extreme form of racism by the article 2 of the Convention adopted in 1974.
Illegal, anti-constitutional actions of extremist politicians of the
Supreme Council of Abkhazian ASSR, including encroachment on the Constitution
of Abkhazia, gross violation of universally recognized human rights,
unprecedented policy of racial discrimination and apartheid can not be left
without adequate reaction and legal assessment on the part of the Georgian
Authorities and the international community.
The Parliament of Georgia decrees:
1. In accordance with the
imperative principles of the International Law and paragraph 4 of the article
6, as well as the last paragraph of the article 7 of the law of the Republic of
Georgia on “State Power”, to repeal the law of the Abkhazian ASSR on “Elections
of Deputies of the Supreme Council of Abkhazian ASSR” (with amendments
introduced on 27 August 1991) adopted on 9 June 1991.
2. To dissolve the Supreme Council of Abkhazian ASSR elected on the basis
of the aforementioned law.
3. To deprive members of the Supreme Council of Abkhazian ASSR of
immunity from persecution.
4. To entrust the Procurator’s Office of Georgia with a task of
initiating criminal case against those former Deputies of the Supreme Council
of Abkhazian ASSR who have committed crime against peace and humanity.
5. To grant to the Council of Ministers of Abkhazia a status of
temporarily evacuated organ; until relevant legislative acts are adopted and
new elections are held in the Autonomous Republic of Abkhazia, to entrust the
Council of Ministers of the Autonomous Republic of Abkhazia with a task of
exercising the functions of the Supreme body of State power in Abkhazia.
6. To declare null and void all the legislative and normative acts that are at variance with the legislation of
7. To declare null and void all the decisions, as well as civil-legal
deals that violate the ownership rights on the
8. Those individuals who have illegally penetrated into
9. Foreigners, who participated in the hostilities against
In accordance with the International law, the period of limitation, right
to seek refugee in any country they maybe, shall not apply to the
aforementioned individuals, and they shall be subject of extradition to the
Georgian Authorities for punishment.
10. Any form of financial or material technical assistance rendered to
the Abkhaz separatists shall be considered by the Parliament of Georgia as
violation of territorial integrity and political sovereignty of the
11. To ask the United Nations to send its fact-finding mission to
Deputy Speaker of the Parliament of Georgia V. Rcheulishvili
of the Parliament of Georgia, 1994, # 16, p. 24-29)