PROTOCOL # 47 OF MEETING OF THE JOINT CONTROL COMMISSION
(JCC) ON GEORGIAN-OSSETIAN CONFLICT RESOLUTION
Chaired by:
Keniaykin Valery
Fedorovich, Ambassador for Special Assignments of the Russian Ministry of
Foreign Affairs, Russian Co-Chairman of the JCC
(...)
Agenda:
1. On JCC objectives
in the light of recent peaceful initiatives;
2. On Information of the Organizational Committee on the progress in the
implementation of economic rehabilitation programs in the conflict zone;
1. On JCC objectives
in the light of recent peaceful initiatives;
(Keniaykin, Khaindrava, Chochiev, Kusov,
Reeve)
In the course of
discussing this issue, different approaches were identified to the proposal on
creating a joint working group within JCC to elaborate an agreed draft program
for peaceful resolution of the Georgian-Ossetian conflict.
The Georgian side did
not support establishment of such a group and suggested its alternative for
further action.
In view of the
situation, it was decided to record the opinion of the JCC sides an OSCE in the
protocol.
Position of the Georgian side. Taking into
account the peaceful conflict resolution plan presented by Georgia and approved
at the meeting of Foreign Ministers of OSCE member-states on December 5 2005 in Ljubljana, also having
regard to the addresses by Mr. E. Kokoity to leaders of OSCE member-states,
also by Georgian President M. Saakashvili and Russian President V. Putin, identifying
similar key issues of peaceful resolution pertaining to conflict zone
demilitarization, economic rehabilitation, support of European Commission and
OSCE projects, and the resultant political resolution of the conflict,
The Georgian side proposes:
- to
base on the provisions of the peaceful conflict resolution plan supported by
the sides in conflict;
- for agreeing issues
of further bringing the sides’ positions closer and for elaborating a joint
program of action to overcome the exiting discrepancies, to set up a group
within JCC to present to the JCC Co-chairmen for consideration a draft joint action
program for implementation of the peaceful conflict resolution plan by February
1 2006;
- to instruct the JKPF
Command to urgently start the real demilitarization process, based on
agreements regulating the mandate of the peacekeeping operation on the
territory of Georgia, also on agreement achieved in the process of JCC
activities, as presented concretely in Agreement of 31.10.1994, Moscow Memorandum of 16.05.1996
(Annex 1 to Protocol no. 7 of 13.12.1997, protocols no.no. 32, 33, 36, 38, Statement
on the results of Zhvania-Kokoity meeting on November 5 2004, Protocols no.no. 40, 42, 44, 45) and to report to the sides about
results of the activities by February 1 2006;
- to set up a team for
elaborating a concept of a free economic zone, in view of results of the Needs Assessment
Mission and provisions of the Georgian-Russian intergovernmental agreement on Cooperation
in Economic Restoration in the conflict zone of December 23 2000;
- to
create necessary conditions for implementing economic projects funded by the
European Commission with donor involvement in the conflict zone. To support OSCE-led Needs Assessment Program
among the population of the conflict zone and adjacent areas;
- in the nearest
terms, to finalize the investigation of the case of E. Kakhniashvili who
disappeared in the conflict zone on November 3 2004, with further publication
of investigation information available to the law-enforcement bodies.
Position of the South Ossetian side. Striving for positive progress in peaceful settlement
of the Georgian-Ossetian conflict, based on consolidated positions, the South
Ossetian leadership put forwards peaceful initiatives presented in the letter
of RSO President E. Kokoity to the President of the Russian, Federation, the President
of Georgia and leaders of the OSCE member-states.
The initiatives also
take into account proposals of the Georgian side, and are based on the strategy
of staged settlement of the Georgian-Ossetian conflict, including
demilitarization, re-building of trust and security guarantees at the first
stage, socio-economic rehabilitation at the second stage, and political
resolution at the third stage.
For elaborating a
concrete coordinated program of next steps under the plan, it was proposed to
set up a working group within the Joint Control Commission before February 1
2006, in order to develop an agreed draft joint program as a basis for
discussion at the summit of political leaders of the sides, as proposed at the
JCC meeting in Ljubljana on 15-16 November 2006. To further and strengthen the
proposed initiatives, E. Kokoity proposed declaring year 2006 the Year of Mutual
Confidence Building. The approach based on the idea of jointly developing a
conflict resolution plan is conditioned by the fact that no positive results
could be brought by proposals earlier made by
According to the
shared opinion of sides taking part in the conflict resolution, also
representatives of the international community, the initiative presented by the
South Ossetian side is realistic and targets at achieving a concrete result in
the positive development of the peaceful process. The initiatives proposed by
the South Ossetian side were positively characterized by Georgian political
leaders, including M. Saakashvili and Z. Nogaideli.
However, it should be
unfortunately noted that subsequent steps questioned the sincere commitment to
peaceful methods of the conflict resolution declared by the Georgian political
leaders. In particular, construction of a big military hospital was started in
the actual vicinity of the conflict zone that can be used as a front-line hospital;
new purchases of arms and ammunition were made; a number of top officials,
including the Georgian Minister of Defense, made militant statements, and Head
of the General Command of the Georgian Armed Forces confirmed readiness to use
Georgian peacekeeping forces in South Ossetia ‘for restoring Georgia’s territorial
integrity. Preparations are being made to deploy military police of the
Georgian Ministry of Defense in the Georgian-Ossetian conflict zone. A demand
was made about Georgian visas to be necessarily received by militaries of the
Russian and Ossetian JPKF contingents. Georgian intelligence services in the
conflict zone conducted a number of special operations against the South
Ossetian side, including kidnapping of officials and representatives of South
Ossetian law enforcement agencies. The South Ossetian side of the JCC demands
that the Georgian side would immediately set free citizens of South Ossetia who
have been recently illegally detained and convicted by the Georgian law-enforcement
bodies under faked cases, and would transfer the investigation materials to the
South Ossetian side. The South Ossetian side has verifiable information about
the intentions of the Georgian authorities to conduct a series of terrorist
acts against some South Ossetian top officials.
The realistic
possibility for setting up a joint working group for elaborating a joint
program for the resolution of the Georgian-Ossetian conflict at today’s meeting
in
In this satiation, as
an important step towards removing the grounds for mutual suspicions, towards
stabilizing the situation and giving an efficient impetus to the settlement
process, the South Ossetian side with gratitude supports the proposal made by
R. Reeve, head of the OSCE Mission to Georgia, about signing a joint
declaration on non-use of force or threat of using force, non-resumption of
military activities, and security guarantees, rejected by the Georgian side.
The South Ossetian
side expresses its confidence that the global community would give a respective
evaluation of the actions of the Georgian side. The full responsibility for
possible negative consequences will be with the Georgian side that pursues the
policy of undermining the peacekeeping operation and terminating the efforts
for the conflict settlement in the format of the Joint Control Commission.
In the same time, the
South Ossetian side confirms its commitment to the peaceful initiatives
proposed by RSO President E. Kokoity and calls the Georgian side to refrain
from confrontation and start working on the joint conflict resolution program
for the benefit of both nations and in the interests of strengthening peace and
stability in the conflict zone.
Position of the North Ossetian side. Abided by
the sides’ commitment to exclusively peaceful methods of conflict resolution
and with the purpose of implementing the recent initiatives in this regard, the
North Ossetian side proposes instructing responsible JCC secretaries to prepare
an agreed draft plan of concrete actions for each of the three stages in the
peaceful regulation of the Georgian-Ossetian conflict. In the opinion of the
North Ossetian side, the proposed joint plan should take into account both the
need for implementing earlier agreed decisions and agreed steps newly taken at
all levels, targeted at fulfilling the objectives of each settlement stage. The
North Ossetian side sees prompt development of a mechanism of respective
guarantees as an essential element of the agreed plan, giving adequate
stability to the entire resolution process.
The North Ossetian
side believes that the Georgian side’s refusal to elaborate the joint action
plan would aggravate the situation in and around the conflict zone, undermine
the level of confidence between the sides, low as it is now. Such a position
actually means renunciation of cooperation in the conflict settlement and obtrusion
of the Georgian side’s unilateral vision not taking into account current
realities and interests of the other side in the conflict.
Position of the OSCE
For this purpose, the
JCC secretaries should exchange opinions, proposals and express their own
positions no later than February 2006. Besides, according to the
Position of the Russian side. The Russian JCC Co-Chairman stated with disappointment that the
Georgian delegation stepped back from the position declared in the official
statement of Georgian Prime Minister Z. Nogaideli of 13 December 2005 where
agreement was expressed with proposals of E. D. Kokoity about jointly working
over a Georgian-Ossetian program of actions for the resolution of the
Georgian-Ossetian conflict. The Georgian delegation actually spoke against
elaboration of such a program and against establishment of a respective working
group within the JCC.
The working group proposed
by the Georgian side should consider a draft ‘joint action program’ for
implementation of some as-if already existing peaceful conflict settlement plan,
which is disputed by the sides.
Neither did the
Georgian side accept the proposal of the OSCE Mission about the need for a
statement of political leaders of the sides in conflict that would contain a
commitment for non-use of force in the Georgian-Ossetian conflict resolution.
The Russian JCC
Co-chairman called the Georgian side to adjust its current position and to
agree with the proposal to work jointly over a single coordinated program till
end of January 2006.
2. On information of the Organizational
Committee on the progress in the implementation of economic rehabilitation
programs in the conflict zone;
(Vantomme, Tibilov,
Ganchev, Zoziashvili)
To take note of the
information provided by representatives of the European Commission, OSCE and
the Organizational Committee, also by the sides in conflict, about
implementation of the Third Rehabilitation Program in the conflict zone and the
3-month Rehabilitation Needs Assessment Study in the conflict zone.
V. Kenyaikin
Meeting Chair, Russian Co-chairman
of the JCC
(Archive of the OSCE