RESOLUTION OF THE PARLIAMENT OF GEORGIA on measures of conflict settlement in Abkhazia

Separatist forces which have been operating over the decades on the ancient territory of Georgia, Abkhazia, with the support and connivance of outside forces, since 1992 have carried out genocide and ethnic cleansing of the Georgian population, taking live s of more than seven thousand peaceful civilians, more than one thousand people disappeared without trace, more than ten thousand people were wounded and maimed. Chairman of the Council of Ministers of Autonomous Republic of Abkhazia, MP Zhiuli Shartava, and other officials were killed brutally. 80% of the Abkhazian population was forced to leave their own places. More than 20 000 residential houses were burnt down and looted; schools, nursery schools, cultural centers, churches, architectural and historic monuments were destroyed.

Terror and apartheid regime organized by the separatists also victimized Greeks, Jews, Russians, Ukrainians, Armenians, and the Abkhazs themselves; some of them perished in the war; a major portion had to flee from their home country and seek refuge in the regions of Georgia and foreign countries.

Abkhazia turned into an uncontrollable territory ravaged by terrorists, arms and drug traffickers, and organized crime gangs. This territory poses a threat not only to Georgia, but to adjacent regions as well.

Separatist forces, using the most severe methods, through ethnic cleansing and genocide, have separated Abkhazia from Georgia for the time being. There was an attempt to change demographics of Georgia by force and they continue it till today.

Certain high-ranking officials bear their share of responsibility for this tragedy. They failed to carry out State Council instructions on the protection of the railway and highways and committed actions that provided a pretext for separatists to unleash military offenses, planned long in advance.

The Georgian Parliament also deems that certain Georgians, as well as individuals of other nationalities, played a negative part in the Abkhazian tragedy and the political and economic destabilization in the country. Their irresponsible and criminal actions resulted in infringement on dignity and life of our countrymen, thus supporting traitorous and anti-state separatist activities.

It should be stressed that genocide and ethnic cleansing of Georgians continued after the cessation of military actions, especially in the Gali region, where more than 1000 people died after 1993. Human rights abuse is wide-scale.

Despite long-standing negotiations between the sides of the conflict, which were sponsored by the UN and mediated by Russia, the intransigent stand of the separatists obstructed compromise on the questions of the repatriation hundred thousands of refugees and the determination of the status of Abkhazia within the territory of Georgia. The separatist regime uses every means to strengthen its military potential, to set up independent state structures and attributes, to distort history, and to spread misanthropic racist ideology. The CIS Heads of States decisions taken in Almaaty, Minsk and Moscow are not implemented. The separatists with the support of external forces purposefully and unilaterally violate these agreements.

Peacekeeping Forces, designated by Russia in agreement with the CIS and the UN, to this day are unable to fulfill their function. They failed to secure the safety of the population, to prevent ethnic cleansing and genocide of the Georgian population, to provide repatriation of refugees and internal displaced people. Certain units take unwarranted actions in Zugdidi and Tsalendjikha districts, actively participate in smuggling and thereby contribute to destabilization in the conflict zone and neighboring territory. Negotiations with Russia failed to extend the mandate of the Peacekeeping Forces that contain practical steps to the return of the refugees. Economic and political isolation of separatist regime and examination of shipments to Abkhazia by Georgian border troops have not materialized.

The Parliament of Georgia abiding by the Georgian Constitution, recognized norms of international law, UN and OSCE fundamental documents, national-state interests of Georgia, and expressing the superior will of the Georgian people to restore the territory al integrity of the country and guarantee repatriation of refugees, resolves:

1. In accordance with the decisions of July 19, 1995, November 22, 1995, and March 8, 1996, and materials obtained by the prosecutor’s office and presented by the Supreme Council of Abkhazia, events that took place and continue in Abkhazia shall be assessed as aggression against Georgian statehood and territorial integrity by separatists with the support of Russian antidemocratic, reactionary and other external forces which led to the destruction of the territorial integrity of the country, the occupation of an integral part of Georgia - Abkhazia, ethnic cleansing and genocide of the Georgian population, the forcible displacement of individuals of other nationalities, Abkhaz among them, from the territory of Abkhazia.

2. Taking into the consideration the causes of the conflict, the activity of the instigators, organizers, and perpetrators of the conflict, ethnic cleansing, genocide and terrorist acts in Abkhazia, corruption and crimes during the conflict, damage suffered by the population, and also violations committed after the deployment of Peacekeeping Forces in the conflict zone, the Georgian prosecutor’s office shall implement measures provided by the law and report to the Parliament on the adopted decisions.

3. The Ministry of Foreign Affairs shall present to the UN materials on crimes against humanity, genocide, ethnic cleansing and military crimes committed by separatists and address a request to the UN to establish an International Tribunal.

4. All materials collected by prosecutor, reports by the Supreme Council of Abkhazia and other materials on crimes committed and supported by separatists shall be sent to the CIS Heads of States, the UN Security Council, international organizations, and embassies resident in Georgia.

5. The MFA shall:

A. Work intensively to realize the request sent by the president of Georgia to the UNESCO Director General to implement the 1954 Hague Convention.

B. Take active part in work against terrorist activities by the Abkhazian regime to make the world aware of its alliance with international terrorists and to participate with other international organizations in conferences against terrorism.

6. Taking into consideration that the population was subject to misinformation, blackmail, and direct threats, the Ministry of Justice shall elaborate and submit to the Parliament a draft law on the dismissal of criminal charges against participants of t he conflict, after the restoration of the jurisdiction on the entire territory of Georgia. However, those individuals directly involved in the organization and provocation of conflict and in military operations, will not be exempt from prosecution for military crimes and crimes against humanity.

7. The current developments in Abkhazia shall be defined as a political conflict in Abkhazia, and not a Georgian - Abkhazian conflict.

Participation in the settlement of the conflict shall be defined by five subjects: the legitimate authority of Abkhazia and the Abkhazian separatist group, as participants of the conflict; Georgia, on whose territory the conflict is taking place; Russia, as an interested side; and the UN.

8. Shall be confirmed, that the constitution of Abkhazia, its presidential institution, legislative and

normative acts, its agreements with the structures of foreign countries, ruling bodies, and their decisions that oppose the legislation of Georgia and the Autonomous Republic of Abkhazia shall be canceled and considered as having no juridical power.

9. The Abkhazian Supreme Council and Cabinet of Ministers located in Tbilisi are the only bodies expressing the interests of the population of Abkhazia.

10. The Georgian Government shall direct active assistance to the Government of the Abkhazian Autonomous Republic to resolve immediate problems, within the limits of its authority, in anticipation of the final resolution of the conflict. The Georgian Government shall provide the participation of the representatives of the Abkhazian Autonomous Republic in discussion on issues related to the settlement of the conflict.

11. Taking into the consideration that agreement achieved by the UN mediation and other International Organizations are unilaterally violated by the Abkhaz separatists, the aforementioned agreements shall be subject to expert analyses. The Parliamentary Committees on defense and Security and constitutional, and Legal Issues shall submit their conclusions within the period of one month.

12. As the Russian Peacekeeping Forces under the CIS mandate cannot provide the safe repatriation of internal displaced people and refugees and the protection of their lives and dignity, and in the event that the current mandate is retained and Georgian proposals are not considered in a new mandate, then the peacekeeping operations shall be considered as having no future and Peacekeeping Forces shall be withdrawn within two months’ time.

Repatriation of refugees and internal displaced people to Abkhazia shall take place upon providing a full guarantee of their safety, and actual restoration of Georgia’s jurisdiction and constitutional order.

13. The Ministry of Foreign Affairs of Georgia, the Ministry of Trade and Foreign Economic Relations, the border Defense Department, together with relevant state and government Agencies, shall take steps to implement Almaty, Minsk, and Moscow decisions of the CIS Heads of States on the inviolability of borders, isolation and condemnation of separatism, and other cardinal issues.

14. Official bodies of human rights defense shall implement active measures for revealing facts of genocide and human rights abuse on the territory of Abkhazia and make it public to the world community.

15. The Supreme Council and Council of Ministers of Abkhazian Autonomous Republic shall enhance its activities within their competency to implement organizational, informational-ideological work, and shall also conduct their work in - in country as well as outside the country in international organizations.

16. The political status of the Abkhaz Autonomous Republic as an integral part of the Georgian State, with the participation of representatives of all nations living in Abkhazia, shall be defined according to the Constitution of Georgia and acknowledged principles of international law. Such status allows Abkhazia to have its own constitution, Parliament, executive and judicial bodies, anthem, flag, national emblem, and other such attributes of statehood, with competency in economical, social, financial -taxation issues.

17. Corresponding Committees of the Parliament shall work out projects on the state-territorial arrangement and separate authority and competence of Georgia to ensure the participation of representatives of all nationalities of Abkhazia in this process.

18. Considering the importance of the problems of the Kodori Valley population, the Georgian Government shall take active measures for implementation of the Presidential Resolution of 17 August 1995 on Kodori Valley.

19. The Georgian Government, the Supreme Council and Cabinet of Ministers of the Autonomous Republic of Abkhazia shall work out a proposals, considering public opinion, for honoring the victims of Abkhazian conflict.

20. The Corresponding Committees of the parliament of Georgia, the Supreme Council and the Cabinet of Ministers of the Autonomous Republic of Abkhazia, and the Ministry of Refugees and Resettlement shall present the draft law “On Refugees” by July 1st.

21. The Government of Georgia shall adopt a resolution “On further measures to be taken for social assistance for the refugees” and present it to the Parliament within two months.

22. The Parliament of Georgia supports the good will of the Georgian citizens and the historical relations between the Georgian and Abkhaz Populations, restoration and strengthening of the traditions of friendship, also the development of bilateral and multilateral contacts and public diplomacy on different levels that is in the interests of other nationalities living in Abkhazia.

23. Based on the initiative of the President, “Peace and stability in the Caucasus”, joint working

groups from the Georgian Parliament and Supreme Council of Abkhazian Autonomous Republic shall be created to work with the people of the Caucasus and their Parliaments.

24. It is recommended that the National Security Council work out within two months a state program for settlement of the Abkhazian conflict based on military, political, constitutional, judicial, social-economic and new information realities.

25. The Parliament of Georgia appeals to central and local governing bodies, all political parties, public organizations, industrial and commercial structures, and funds to support the resolution of the Parliament, to increase assistance to the refugees and to the families of victims and facilitate the full restoration of Georgian jurisdiction and the establishment of constitutional order in Abkhazia.

26. Creation of a corresponding Parliamentary Commission on Abkhazia is favored.

It is entrusted to Mr. Vakhtang Kholbaia, Deputy Chairman of the Parliament, the coordination of the implementation of the resolution.

27. The Bureau of the Georgian parliament shall control the fulfillment of the Resolution.

28. The Parliament of Georgia shall discuss the implementation of the Resolution in June of 1996.

29. The Resolution shall be published in press.

Chairman of the Parliament of Georgia Zurab Zhvania

17 April 1996

(Bulletins of the Parliament of Georgia, 1996, # # 5-6, p. 56-59)