APPEAL OF THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA TO THE STATE COUNCIL OF GEORGIA

Disintegration of the former USSR was accompanied by the declaration of state sovereignty of the republics, composing it. Own sovereignty was declared by the former soviet republics and by the former autonomous republics, formed in compliance with the principles of administrative-command system. The natural process of reforming ties between allied and autonomous republics, on the basis of clear agreements, capable to provide for dignified modern relations, has started. In Russia this process was concluded by the signing of Federal agreement with the most part of republics, which declared its sovereignty and the process of negotiations with Tatars tan and Chechnya has been going on.

On such way of establishment of bilateral relations, excluding dictation and subordination by which were characterized historic Georgian-Abkhazian ties on hierarchic state-legal level during the last almost 70 years of the soviet time, started to move Abkhazia. Taken this as an objective, on August 25, 1990, during existence of the Soviet Union, the Supreme Council of Abkhazia adopted Declaration “On State sovereignty of the Abkhazian Soviet Socialist Republic.” The Declaration established that only it is a basis for the new Constitution of Abkhazia and defines the position of the Republic while conclusion of the Union Treaty with the Georgian SSR. On the same day the Supreme Council of Abkhazia adopted the Resolution “On legal guarantees of protection of statehood of Abkhazia”, in which is clearly written: “Abkhazia is ready to start negotiations with Georgia on further state-legal relations between them.”

As you know, in March 1921 Abkhazia was declared independent Soviet Socialist Republic, which later formed Federative Union with Georgia. later the relations of Abkhazia and Georgia were regulated by several legal acts and the last ones were their Constitutions of 1978 and the Constitution of the USSR of 1977. But in 1989-1990 the Supreme Council of the Georgian SSR unilaterally adopted several documents that in fact were starting point of Georgia’s leaving the USSR. These documents are the resolutions of the Supreme Council of the Georgian SSR of November 18, 1989 and March 9 and June 20 of 1990. These documents were recognizing as unlawful the structures of Georgia, created since the period of February 25, 1921 and all the state and legal acts, adopted by the power structures, were declared as legally void.

After declaration of the disintegration of the USSR, the Interim Military Council of Georgia, with a goal to conclude ceasing of legal ties with the former metropolis in February 1992 adopted a decision on transfer of the Republic of Georgia to the Constitution of the Georgian Democratic Republic of 1921, in which Abkhazian ASSR as a subject of state-legal relations is not foreseen. As a result of adoption of the above-mentioned acts the Georgian SSR, with which the Abkhazian ASSR were in state-legal relations, in fact seized to exist and there was created the new state – the Georgian Democratic Republic, with which the Abkhazian ASSR is not tied with any documents or obligations. After the Constitutions of the USSR and of the Georgian SSR lost their legal force, the Constitution of the Abkhazian ASSR of 1978 lost its legal foundation; it was not any more in compliance with the current political and legal reality. In the relations between Abkhazia and Georgia was created inadmissible legal vacuum.

With an aim to overcome legally unsettled ties between Abkhazia and Georgia and being guided by the aspiration to establish interstate relations between them, expressed in the Declaration “On State Sovereignty of Abkhazia” of August 25, 1990, the Supreme Council of Abkhazian ASSR by the resolution of July 23, 1992 recognized the Constitution of the Abkhazian ASSR of 1978, which had lost its force and till the adoption of the new Constitution of Abkhazia restored the Constitution of the Abkhazian SSR of 1925, maintaining the currently acting system of legislative, executive and judicial bodies. At the same time, the Presidium of the Supreme Council of Abkhazia was assigned to submit proposals for the approval of the session of the Supreme Council on composition of working group on elaboration of agreement between Abkhazia and Georgia. This group has been created and started to work.

Although the state-legal unsettled relations between Abkhazia and Georgia is still maintained, as in the currently acting Constitution of Georgia of 1921 Abkhazia as a subject of state and legal relations is not included at all and after the restoration of the Constitution of Abkhazia of 1921 is in privity of contract with Georgia. That is why the Supreme Council of the Republic of Abkhazia expresses hope that the State Council of Georgia takes with understanding that in the Abkhazian-Georgian relations nowadays the problem of conclusion of the union treaty between them acquired the importance of top priority.

If the State Council of Georgia is sincere in its statements, condemning totalitarian regime and expressing the firm loyalty to the ideals of democracy than in the mentioned conditions it shall immediately start the agreement negotiations process, with a purpose to establish civilized interstate relations between Abkhazia and Georgia. The new Agreement between the two states, on the necessity of which the Parliament of Abkhazia has been declaring since August 25, 1990, will clearly define the circle of competencies of each republic and also the competencies of their joint bodies. At the same time the Agreement shall determine the structure of the union’s representative and executive bodies, as well as order of their creation, including elections. That is why the Supreme Council of the Republic of Abkhazia considers as entirely unacceptable the intention of the State Council to organize the elections of the parliament of Georgia also on the territory of Abkhazia in the circumstances of existing unsettled state and legal relations between them.

The Supreme Council of the Republic of Abkhazia, reiterating its desire to maintain ties with Georgia, firmly stands for their establishment on new, civilized and equal basis that excludes dictation and subordination, which for many years have hampered relations between the Abkhazian and the Georgian peoples. In the present appeal, which is via State Council is addressed to the Georgian people, we are declaring: The Abkhazian people are not striving towards self-isolation from the Georgian people, we are for the establishment of qualitatively new civilized relations between us. You can imagine the historic memory of the Abkhazian people, relating to experience of Menshevik riots of 1918-1921 and the genocide policy that were conducted by the Georgian authorities in 30s-50s against Abkhazs. Historic memory of the Abkhazian people is disturbed, starting from the second half of the 1988 many new generation politicians, who are obsessed by the idea of creation of mono-ethnic Georgian state, for achievement of which were proposed different options, starting from deportation till impeding to reproduction of the non-Georgian population.

All this generated absolute mistrust of Abkhazs towards the policy of the Georgian authorities and in the relations between the two peoples originated alienation and our top priority is to overcome it. Conclusion of the Union treaty between Abkhazia and Georgia is an essential measure to overcome mistrust and alienation between our peoples.

We, deputies of the Supreme Council of the republic of Abkhazia, declare that our part of the way in direction of revival of good relations between the Abkhazian and the Georgian peoples, we will go straightforward. At the same time we hope that our welcoming and friendly gesture will not be left unanswered.

Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba

City of Sukhumi, August 12, 1992

(White Book of Abkhazia. Documents and materials, certificates (1992-1993), authors: Professor U. N. Voronov, Professor P. V. Florensky, journalist-political analyst T. A. Shutova. M., 1993, pages 86-88/in Russian)