RESOLUTION OF THE PARLIAMENT
OF THE REPUBLIC OF SOUTH OSSETIA on
appeal of the Parliament of the Republic of South Ossetia to the Secretary
General of the UNO, the President of the Russian Federation, the Council of
Federation of the Federation Assembly of the Russian Federation, the Heads of
states and Parliaments of the CIS and the countries of the EU “On recognition
of the independence of the Republic of South Ossetia”
The
Parliament of the Republic
of South Ossetia resolves:
1. To
adopt appeal of the Parliament of the Republic of South Ossetia to the
Secretary General of the UNO, the President of the Russian Federation, the
Council of Federation of the Federation Assembly of the Russian Federation, the
Heads of states and Parliaments of the CIS and the countries of the EU “On
recognition of the independence of the Republic of South Ossetia” (attached).
2. To
send the present Resolution and the mentioned Appeal to the Secretary General
of the UNO, the President of the Russian Federation, the Council of Federation
of the Federation Assembly of the Russian Federation, the Heads of states and
Parliaments of the CIS and the countries of the EU.
3. To
publish the resolution in the means of Mass Media.
4.
The present Resolution is enforced upon the date of its adoption.
Chairman
of the Parliament of the republic
of South Ossetia Gassiev Z. N.
City of Tskhinval, March 4, 2008
APPEAL OF THE PARLIAMENT
OF THE REPUBLIC OF SOUTH OSSETIA TO THE SECRETARY GENERAL OF THE UNO, THE
PRESIDENT OF THE RUSSIAN FEDERATION, THE COUNCIL OF FEDERATION OF THE
FEDERATION ASSEMBLY OF THE RUSSIAN FEDERATION, THE HEADS OF STATES AND
PARLIAMENTS OF THE CIS AND THE COUNTRIES OF THE EU
In
1774 the united Ossetia voluntarily joined the
Russian state. The Georgian principalities have joined Russia only
since 1801. Since then and till 1917, Georgia has not existed as
independent state. Although after the dissolution of the Russian empire was
created the self-declared republic of Georgia, which started to express pretences regarding
the territory of the South Ossetia and in 1918
subjected it to the military aggression and carried out genocide. Consequently,
died approximately 30% of the Ossetian population and tens of thousands of
inhabitants were forced to search shelter in the Northern
Ossetia.
In
1921, in the south part of Ossetia, was established the soviet authority and in
1922, against the will of people, it was included in the composition of the
Georgian SSR in the status of the Autonomous Oblast of South Ossetia and the
Northern Ossetia remained in the composition of the Russian Federation. This
was in fact political, administrative and territorial division of the united Ossetia.
During
the period of existence in the composition of the GSSR, in the South Ossetia
was carried out the policy of assimilation and its transformation to the feed
segment of Georgia.
The actual terror, which resulted in the physical extinction of political and
intellectual elite of the people of South Ossetia, was carried out against South Ossetia. The Ossetian script was translated to the
Georgian alphabetic basis (in the Northern Ossetia
has been maintained the script on the basis of Kirlitsa) and the academic
process at schools was conducted in the Georgian language. None of the
resolutions on socio-economic development of South Ossetia
has been implemented. Part of the Ossetian population was forcefully deported
to the Northern Caucasus. The indicator of the
Georgian authorities’ policy is reduction of numbers of the population of South
Ossetia, which decreased from 106 thousands in 1940 to 99 thousands in 1989,
although in the same period in all the regions of the USSR, took
place the increase of population.
In
November of 1989 and in March-June 1990, the Supreme Council of the Georgian
SSR adopted several decisions, which abrogated the legal acts, adopted by the
GSSR since 1921, including “Decree on creation of the Autonomous Oblast Of the
South Ossetia” of April 22, 19222 – the only document, in accordance with which
South Ossetia was included in the composition of the GSSR. These decisions put
South Ossetia out of legal space of Georgia. The decisions of the GSSR
were at that time the direct violation of the Constitution of the USSR, still
acting at that time. Georgia
abused its powers and in fact left the USSR.
In
compliance with the Law of the USSR “On the order of settlement of issues,
related to the withdrawal of the allied republic from the composition of the
USSR” of April 3, 1990, which was adopted already in the period of existence of
Georgia in the composition of the USSR, the autonomous entities, in case of
withdrawal of the allied republic from the composition of the USSR, possessed
the right to independently decide the issue of their existence in the USSR. In
accordance with this norm of the law of the autonomous oblast of South Ossetia
in September of 1990 was transformed to the democratic Republic
of South Ossetia in the composition of
the USSR and took part in
the referendum of March 17, 1991 on the issue of remaining of the USSR. Georgia refused
to hold the referendum. Since that moment the aspirations of Georgia regarding the territory of South Ossetia
have not had any legal rights and basis.
On
March 31 of 1991 in Georgia
was conducted referendum on independence. South Ossetia
did not participate in the referendum. On the 9th of April of 1991
on the basis of referendum of March 31st, the Supreme Council of
Georgia adopted act on restoration of state independence of Georgia, in accordance with which Georgia was declared as legal successor of the Democratic
republic of Georgia of 1918-1921. As it has already
been mentioned, South Ossetia did not consider itself as part of the
independent Georgia.
Thus, were created two states, with no legal ties: The republic
of South Ossetia and Georgia, which declared about its independence
and withdrawal from the USSR.
After
the suspension of the existence of the USSR,
in legal space of which was existing South Ossetia, On September 21st,
1991, the Supreme Council of the RSO adopted Declaration on independence of the
Republic of South Ossetia. On January 19th
of 1992 in South Ossetia was organized referendum, in which 99, 9% of voters
expressed their will for the independence of the Republic of south Ossetia and
joining of Russia, as legal
successor of the USSR.
On May 29th of 1992 the Supreme Council of the RSO adopted Acts of
state independence of the Republic
of South Ossetia.
Formation
and legal formation of the republic
of South Ossetia took
place till the international recognition of the current Georgian state, its
joining the UNO in July of 1992 and joining the CIS in 1993. Consequently,
South Ossetia has not and is not violating territorial integrity of Georgia.
In
1989-1992 South Ossetia was subjected to the open military aggression and
repeated genocide from the side of Georgia. Ossetians of Georgia were killed and massively expelled.
Only
due to the decisive position of the Russian Federation in July of 1992.
the blood shed on the land
of South Ossetia was
stopped. Since then for the people of south Ossetia the Russian Federation
and the peacekeeping operation, implemented under its auspices, is an only
guarantee of peace and security.
Striving
towards peace, stability and goods neighborly relations, South Ossetia
consistently stands for development of peace process of settlement of relations
with Georgia
on the basis of achieved agreements, refusal from application of force, threat
of violence or other forms of pressure. Leadership of Georgia continues to carry out openly
provocative policy regarding South Ossetia,
rudely violating existing agreements on negotiations and peace mechanisms,
created puppet “alternative structures”, refuses to take obligations on peace
settlement and continues to impose threatening actions.
The
seventeen year period of independent existence of the Republic of South Ossetia
confirms its viability and requires only legitimization of its sovereignty in
accordance with the Charter of the UNO.
The Republic of South Ossetia possesses the necessary
signs and attributes of sovereign statehood and organization and activity of
them correspond to the criteria of democratic, legal and social state, based on
the representative democracy and principle of separation of powers. In South Ossetia were established democratic institutions,
was developed civil society, are functioning free Media and effective legal
system.
The Republic of South Ossetia takes obligations to continue
implementation of all the norms of International law, guaranteeing of security
and equality of all the national minorities. The Republic
of South Ossetia confirms its loyalty
to peace and stability in the region of Caucasus.
In
November of 2006 in the Republic of South Ossetia in the presence of
international observers once more was conducted the referendum on the issue of
independence and its recognition by the International Community. People of South Ossetia once again expressed their readiness to
continue creation of sovereign, democratic and rule of law state – subject of
International law – and to achieve its recognition by the International
Community. Aspiration of the people of South Ossetia
towards recognition of its independence is in compliance with the Charter of
the UNO and other internationally recognized legal acts.
Upon
the creation of “Kosovo precedent”, there is an extra proof of the fact that
settlement of regional conflicts is based not only on the principal of
territorial integrity of states. Implementation of the right of nations to
self-determination, if it is based on their possibility to organize independent
life and provide for development in accordance with international democratic
norms, can become an only way of settlement of conflict situations. Especially
in the case of South Ossetia principle of territorial integrity does not
contradict with the principle of right of nation to self-determination because
there are no legal or factual grounds of sovereignty of Georgia on the territory of South Ossetia.
Based
on the above-mentioned:
-
Based on the right of nations to self-determination,
-
Taking into account the reality of political and legal
grounds of formation of the Republic
of South Ossetia, as a
sovereign state,
-
Recognizing the exceptional role of Russia in the
fate of the Ossetian people,
-
Considering the impossible nature of coexistence of Georgia and of the Republic of South Ossetia
in one state,
-
Taking into account that the absolute majority of the
population of South Ossetia have Russian citizenship and relates own fate with
further integration of South Ossetia with the Russian federation,
The
Parliament of the Republic of South Ossetia appeals to the Secretary General of
the UNO, the President of the Russian Federation, the Council of Federation of
the Federation Assembly of the Russian Federation, the Heads of states and
Parliaments of the CIS and the countries of the EU with a request to recognize
the independence of the Republic of South Ossetia.
City of Tskhinval, March 4, 2008
(Archive of the
Ministry of Foreign Affairs of Georgia)