PROTOCOL # 46 OF MEETING OF THE JOINT CONTROL COMMISSION
(JCC) ON GEORGIAN-OSSETIAN CONFLICT RESOLUTION
Chaired by:
Taimuraz Elmurzaevich Kusov,
Minister of Education and Science of RNO-Alania, North Ossetian Co-Chairman of the
JCC
Agenda:
1. On
situation in the zone of the Georgian-Ossetian conflict and progress in
the its settlement;
2. On economic rehabilitation of the conflict zone.
1. On
situation in the zone of the Georgian-Ossetian conflict and progress in
the its settlement;
(Keniaykin, Khaindrava, Chochiev, Kusov,
Reeve, Vantomme)
D. Rupel, OSCE Chairman-in-Office,
Minister of Foreign Affairs of the
D. Rupel expressed his hope that the
meeting would be used by the parties to give an impetus to the process of the
Georgian-Ossetian conflict settlement. He noted that the real basis for the
peaceful process is the three-stage settlement scheme supported by leadership
of both sides in conflict.
D. Rupel stated: “I wish that the
possibilities offered by the today’s meeting would be used to create conditions
for a soon meeting between the parties at the top political level. There is an
urgent need for such a meeting to stabilize the situation and demonstrate
political will to push the process forward – positively and intensely. I hope
that this JCC meeting would promote the top-level summit”.
In the practical aspect, D. Rupel
stressed the importance of establishing interaction of law-enforcement agencies
of the parties including re-activation of the Joint Coordination Center (SCC)
at the JCC, also implementation of agreements for economic rehabilitation of
the conflict zone.
In the course of further discussions, the South Ossetian side
unilaterally presented the following proposals:
- to
consider it necessary for the JCC to continue functioning in the existing
format;
- to ask the OSCE Standing Council and
OSCE Ministerial Council to draw the attention of member-states to their
commitments under the OSCE to refrain from supplies of arms to countries that
are in the state of conflict, noting, in particular, that the military assistance
and supplies of arms and ammunition to Georgia promote a new escalation of
tension;
- to consider as unsatisfactory the
work of the investigation team set up to investigate the criminal case about
the mortar shelling of the city of Tskhinval on 20 September 2005. The JPKF
Joint Command with participation of OSCE Military Monitoring Officers to inform
JCC about the progress in the investigation by December 1 2005.
- with a view of promoting
efficiency of efforts for identifying measures to further the peaceful process,
the sides participating in the conflict settlement to present for consideration
in the quadripartite format plans and programs for regulation of the
Georgian-Ossetian relations before their publishing.
- since the South Ossetian side
could not participate in the elaboration of the draft Georgian Law on
Restitution, the South-Ossetian side did not accept the concept of the draft
law ‘Right for Restitution and Compensation for Victims of the
Georgian-Ossetian Conflict’, having proposed to invite UNHCR to make a
conclusion on the draft Georgian laws on issues of restitution or proprietary
and housing rights of refugees and internally displaced persons.
- the JCC sides to assist in urgently
arranging a meeting of Ministers of Internal Affairs of the JCC sides with a
view of developing a package of measures to improve interaction between
respective South Ossetian and Georgian agencies, including those for re-activation
of the SCC to combat crime;
- in relation with the violation of
the rotation procedure and terms of the Georgian contingent of the Joint
Peacekeeping Forces in the Georgian-Ossetian conflict zone, to onlidge the
Georgian side to take measures for rigorous observation of the rotation
procedure in strict compliance with the existing Regulation on JKPF activities;
- before re-activating the SCC, the
sides to set up a quadripartite group of the JCC parties with involvement of
experts from international organizations, including human right protecting
organizations, to provide monitoring
over the process of investigation and trial over criminal cases against
citizens of the sides in conflict, detained by respective law-enforcement
bodies, also over conditions of their detention. The same monitoring should be
provided for convicts kept in custody in penitentiaries and pre-trial facilities
of the sides. This authority should be passed on to the SCC after its
re-activation;
- with the purpose of mutual confidence
building between the sides in conflict, to practice TV bridges, to create a
joint JCC website to objectively and promptly report about the situation in the
Georgian-Ossetian conflict zone and about the settlement process, to practice
meetings between representatives of the sides’ Parliaments.
- to resolve the issue about
exchange by the sides of citizens of the opposite side detained for suspected
criminal actions or convicted by courts and serving their sentences in
penitentiary facilities, for further investigation and court trial on the
criminal cases and serving sentence in respective institutions of the sides.
With regard to the provision of
paragraph 1.3 of the JCC decision of 24-25 October 2005, the South Ossetian
leadership expressed the opinion about advisability of holding a meeting at the
level of heads of governments of the respective sides.
The Georgian side, also unilaterally, expressed proposed the following:
- to address the Presidents of
Russia and Georgia, also the OSCE with a request to consider the issue of inviting
a OSCE representative to participate in the JCC activities as a full-fledged
member of the commission, and of inviting EU, interested OSCE member-states to
participate in the JCC activities as observers;
- to ask OSCE Standing Council and
OSCE Ministerial Council to draw the attention of the member states to the fact
that military assistance, and supplies of arms and ammunition to Tskhinvali
from Russia may have severe consequences of peaceful settlement process and
contradict the provisions of a number of OSCE documents;
- acting in compliance with the
regulation on Joint Peacekeeping Forces, JKPF Command to immediately restart
the process of conflict zone demilitarization, in the first turn, to take
measures to free dominating heights from armed units and to deploy tripartite
peacekeeping forces on these positions;
- to propose to OSCE, together with the
JKPF Command to assist in agreeing the decision on re-activation of the Special
Coordination Center (SCC) and creating on its basis a joint patrol team to
maintain law and order as proposed by the Georgian and Ossetian sides;
The Georgian side also presented for
consideration by the sides a concept of the draft law on restitution.
In view of the aggravated situation
in the process of the Georgian-Ossetian conflict settlement, the Russian side made a proposal to
call top leadership of Russia and Georgia to meet in Sochi in the nearest
future with participation of leaders South Ossetia and North Ossetia-Alania to
discuss a series of issues pertaining to the Georgian-Ossetian conflict
settlement, with a view of giving a political impetus to the process of
negotiations.
The Russian proposal was supported
by the South Ossetian and North Ossetian sides.
The Georgian side does not exclude
the possibility for holding such a meeting in future and will notify its
leadership about this proposal, whereas stresses the need for a meeting between
Z. Nogaideli and E. Kokoity at this stage.
2. On economic rehabilitation of the conflict zone
(Tibilov, Volsky, Reeve, Vantomme)
The sides note the work conducted
for implementing the Third Program of Conflict Zone Rehabilitation funded by the European Commission and the OSCE-led
three-month Economic Needs Assessment Program.
T. Kusov,
North-Ossetian Co-Chairman of the JCC
G. Khaindrava,
Georgian Co-Chairman of the JCC
B. Chohiev, South-Ossetian Co-Chairman of the JCC
V. Keniaykin,
Russian Co-Chairman of the JCC
(Archive of the OSCE