Annex #1, Protocol no.38,

JCC meeting of September 30 – October 2, 2004

DECISION on the progress of implementation of the previous JCC decisions on ceasefire, withdrawal of illegal armed units and measures for further stabilization of the situation in the conflict zone

The sides note that the ceasefire, established in the conflict zone on August 20 of this year through the efforts of the Joint Control Commission, is maintained.

At the same time, tension has not been completely defused yet and corresponding decisions of the JCC, in particular the decisions of June 2, July 14-15, August 13-14 and August 18 of this year, have not been implemented. Moreover, a tendency towards the resumption of confrontation between the sides has emerged. It is particularly alarming that the sides have been resorting to such new forms of confrontation as the installation of remote-control landmines, building of fortifications, attempts to block the Transcaucasian Highway and restrict the movement of people and cargoes, including humanitarian ones.

In order to end the crisis situation and prevent further escalation in the conflict zone, the JCC has decided:

1. To take into consideration the information of Major-General M.M. Kulakhmetov.

The JPKF Command and the military leaders shell take measures to eliminate by October 15 the violations related to the illegal checkpoints and the number of military personnel stationed at the authorized checkpoints of which M.M. Kulakhmetov and the military leaders of the sides notified the JCC. The JPKF Commander shell inform the JCC Co-Chairmen in writing on results of these efforts.

2. To stop the building of fortifications. To submit minefield maps to the Joint Command (JC) of the JPKF by 20.10.04.

3. To bring the composition of the observation posts (OP) in strict correspondence with the instructions of the Joint Command.

3.1. The number of personnel at the observation posts should be sufficient for the accomplishment of tasks in their responsibility area. The number of personnel and munitions at Georgian and South Ossetian permanent observation posts should be equal to that of motorized rifle platoon. The number of personnel and munitions at Russian permanent observation posts should be equal to that of motorized rifle platoon. The number of servicemen at each post should not exceed 50 men. The Joint Command can revise the quota if necessary. The JPKF Commander shell set military tasks for every post until 20.10.04. Joint posts should be set up in the disputed areas.

3.2. The number of permanent posts:

Three observation posts (OP) of the Russian Federation: in Artsevi,  Avnevi, and Eredvi with the control post (CP) in Eredvi;

Six observation posts of the Republic of North Ossetia – Alania: in Muguti, Sunisi, Tsinagari, Didi Gromi, Ioncha and Tsnelisi with the CPs in Sunisi and Tsinagari;

Four observation posts of Georgia: in Koda, Kurta, Eredvi and Dvani with the CP in Kurta.

3.3. The checkpoint Kekhvi, controlling the entrance (exit) into the JPKF responsibility area continues to work according to its routine schedule. The checkpoint in Megvrekisi will be dismantled in case of stabilization by the Joint Command’s decision.

In compliance with the JCC decision (Minutes #2 35 of 14.07.04), the Joint Command of the JPKF shell set up until 15.11.04 a trilateral peacekeeping post in Kekhvi, preliminarily agreeing the order of service at the post with law-enforcement agencies.

The Georgian side shall remove until October 20 the post in Dirbi that was set up without the JCC’s sanction.

3.4. The observation posts of Pauk, Prisi, Tserkov, Tkviavi and the checkpoint of Vanati should continue to work if not decided otherwise. The Georgian side shell complete the dismantling of the concrete blocks in Tamarasheni until October 15. A trilateral post should be set up in Tamarasheni until July 31, 2004 in compliance with clause 2 of the JCC resolution of July 31, 2004.

4. By JCC’s decision, the rotation of the motorized rifle battalions should be conducted once in six months, while the Georgian motorized rifle battalion should be rotated once in 3 months in 2004. The replacement of the personnel should be conducted in the daylight from 7 am to 6 pm. The plan of rotation should be submitted to the JPKF Commander with the notification of the JCC Co-Chairmen no later than one month before the appointed day. The plan should outline the routes of movement and the number of personnel and munitions. Preparedness of the personnel and munitions for the accomplishment of the set tasks should be checked upon the report of military leaders.

5. The Georgian and South Ossetian sides shell submit to the JCC until 20.10.2004 approved plans of military and quantitative composition of their law-enforcement (militia/police) posts in the JPKF responsibility area with specification of their locations.

7. In view of the growing number of observation posts and the scope of tasks to be accomplished by the observers, the JCC decided to accept the proposition of the sides to commission additionally 3 (three) observers from each side to the JPKF and to submit the amendments to be introduced into the list of members of staff to the JCC for approval.

8. The Joint Command of the JPKF should carry out reconnaissance on the ground to reveal illegal posts set up by the sides in order to dismantle them in the future.

 9. To take into consideration the appeal of the JCC Co-Chairman from the Georgian side to the JCC Co-Chairman from the South Ossetian side and the JPKF Commander for returning communication equipment and light weapons of a Georgian car crew that are currently held by the South Ossetian side.

10. To oblige the sides in the conflict to fulfill the earlier adopted JCC resolutions until October 15 of this year.

11. To entitle the working group to carry out investigation into the installation of the remote-control landmines in Kekhvi together with the OSCE representatives and JPKF Command and to inform the JCC on results of the investigation.

12. With regard to the conducted rotation of several groups of the JPKF, to complete the compilation of the list of staffs of the peacekeeping battalions until October 15.

13. To resume the work of the Joint Information Centre of the JPKF by October 15, 2004.

14. To set up a working group of representatives of the sides and the OSCE in compliance with clause 6 of the JCC Regulations in order to meet the Georgian side’s request for clarifying such notions as “conflict zone”, “security corridor”, “JPKF responsibility area” and the corresponding principles of operation of the JPKF troops and mechanisms of cooperation of law-enforcers of the sides in the mentioned areas. To inform the JCC on results of the group’s work during the next session.

15. The South Ossetian side urges the JCC to consider the removal of the stationary post of the OSCE military observers that was established without its consent.

(Archive of the OSCE Mission to Georgia)