RESOLUTION
1096 (30 JANUARY 1997) ADOPTED BY
THE UN SECURITY COUNCIL
The Security Council,
Reaffirming all its relevant resolutions, in
particular resolution 1065 (1996) of 12 July 1996, and recalling the statement
of its President of 22 October 1996,
Having considered the report of the
Secretary-General of 20 January 1997 (S/1997/47),
Acknowledging the efforts in support of the peace
process of the Secretary-General and his Special Envoy, the Russian Federation
as facilitator, and the group of Friends of the Secretary-General on Georgia as
mentioned in the report,
Noting with deep concern the continued failure by
the parties to resolve their differences due to the uncompromising position
taken by the Abkhaz side, and underlining the necessity for the parties to
intensify without delay their efforts, under the auspices of the United Nations
and with the assistance of the Russian Federation as facilitator, to achieve an
early and comprehensive political settlement of the conflict, including on the
political status of Abkhazia within the State of Georgia, which fully respects
the sovereignty and territorial integrity of Georgia,
Noting the opening of the United Nations Human
Rights Office in
Reaffirming the necessity for the parties strictly
to respect human rights, and expressing its support for the efforts of the
Secretary-General to find ways to improve their observance as an integral part
of the work towards a comprehensive political settlement,
Noting with concern recent frequent violations on
both sides of the Moscow Agreement of 14 May 1994 on a Ceasefire and Separation
of Forces (S/1994/583, annex I) (the Moscow Agreement), as well as acts of
violence organized by armed groups operating from south of the Inguri River and beyond the control of the Government of
Georgia,
Commending the contribution that the United
Nations Observer Mission in Georgia (UNOMIG) and the Collective Peacekeeping
Forces of the Commonwealth of Independent States (CIS peacekeeping force) have
made to stabilize the situation in the zone of conflict, noting that the
cooperation between UNOMIG and the CIS peacekeeping force has developed
considerably, and
stressing the importance of continued close cooperation and
coordination between them in the performance of their respective mandates,
Deeply concerned at the continued deterioration of
the security conditions in the Gali region, with an
increase of acts of violence by armed groups, and indiscriminate laying of
mines, including new types of mines, and deeply concerned also at the continued
deterioration of the safety and security of the local populations, of the
refugees and displaced persons returning to the region and of the personnel of
UNOMIG and of the CIS peacekeeping force,
Reminding the parties that the ability of the
international community to assist them depends on their political will to
resolve the conflict through dialogue and mutual accommodation, as well as
their full cooperation with UNOMIG and the CIS peacekeeping force, including
the fulfillment of their obligations regarding the safety and freedom of
movement of international personnel,
Taking note of the decision taken by the Council
of Heads of State of the CIS of 17 October 1996 (S/1996/874, annex) to expand
the mandate of the CIS peacekeeping force in the conflict zone in Abkhazia,
Georgia, and to extend it until 31 January 1997,
1. Welcomes the report of
the Secretary-General of 20 January 1997;
2. Reiterates its deep
concern at the continued deadlock in achieving a comprehensive settlement of
the conflict in
3. Reaffirms its commitment to the sovereignty and
territorial integrity of Georgia, within its internationally recognized
borders, and to the necessity of defining the status of Abkhazia in strict
accordance with these principles, and underlines the unacceptability of any
action by the Abkhaz leadership in contravention of these principles, in
particular the holding on 23 November 1996 and 7 December 1996 of illegitimate
and self-styled parliamentary elections in Abkhazia, Georgia;
4. Reaffirms its full support for an active role
for the United Nations in the peace process, welcomes the efforts of the
Secretary-General and his Special Envoy aimed at achieving a comprehensive
political settlement of the conflict, including on the political status of
Abkhazia within the State of Georgia, respecting fully the sovereignty and
territorial integrity of Georgia, as well as for the efforts that are being
undertaken by the Russian Federation in its capacity as facilitator to continue
to intensify the search for a peaceful settlement of the conflict, and
encourages the Secretary-General to continue his efforts to that end, with the
assistance of the Russian Federation as facilitator, and with the support of
the Organization for Security and Cooperation in Europe (OSCE);
5. Welcomes in this context the initiative of the
Secretary-General as outlined in his report to strengthen the role of the
United Nations in the peace process;
6. Calls upon the parties, in particular the
Abkhaz side, to achieve substantive progress without further delay towards a
comprehensive political settlement, and further calls upon them to cooperate
fully with the efforts undertaken by the Secretary-General, with the assistance
of the Russian Federation as facilitator;
7. Welcomes the renewal of direct dialogue at high
level between the parties, calls upon them to intensify the search for a
peaceful solution by further expanding their contacts, and requests the
Secretary-General to make available all appropriate support if so requested by
the parties;
8. Reaffirms the right of all refugees and
displaced persons affected by the conflict to return to their homes in secure
conditions in accordance with international law and as set out in the
Quadripartite Agreement of 4 April 1994 on voluntary return of refugees and
displaced persons (S/1994/397, annex II), condemns the continued obstruction of
that return, and stresses the unacceptability of any linkage of the return of
refugees and displaced persons with the question of the political status of
Abkhazia, Georgia;
9. Recalls the conclusions of the
10. Reiterates its condemnation of killings,
particularly those ethnically motivated, and other
ethnically related acts of violence;
11. Reiterates its demand that the Abkhaz side
accelerate significantly the process of voluntary return of refugees and
displaced persons without delay or preconditions, in particular by accepting a
timetable on the basis of that proposed by the Office of the United Nations
High Commissioner for Refugees (UNHCR), and further demands that it guarantee
the safety of spontaneous returnees already in the area and regularize their
status in cooperation with UNHCR and in accordance with the Quadripartite
Agreement, in particular in the Gali region;
12. Welcomes in this context the holding of the
meeting on 23 and 24 December 1996 in Gali on the
resumption of the orderly repatriation of refugees and displaced persons, in
particular to the Gali region, and calls upon the
parties to continue these negotiations;
13. Calls upon the parties to ensure the full
implementation of the Moscow Agreement;
14. Condemns the continued laying of mines,
including new types of mines, in the Gali region,
which has already caused several deaths and injuries among the civilian
population and the peacekeepers and observers of the international community,
and calls upon the parties to take all measures in their power to prevent
mine-laying and intensified activities by armed groups and to cooperate fully
with UNOMIG and the CIS peacekeeping force in order to honour
their commitments to ensure the safety and the freedom of movement of all
personnel of the United Nations, the CIS peacekeeping force and international
humanitarian organizations;
15. Urges the Secretary-General to take the
necessary steps in response to the threat posed by the laying of mines in order
to improve security conditions so as to minimize the danger to UNOMIG personnel
and to create conditions for the effective performance of its mandate;
16. Decides to extend the mandate of UNOMIG for a new
period terminating on 31 July 1997 subject to a review by the Council of the
mandate of UNOMIG in the event of any changes that may be made in the mandate
of the CIS peacekeeping force;
17. Expresses its full support for the
implementation of a concrete programme for the
protection and promotion of human rights in Abkhazia, Georgia, notes in this
context the opening on 10 December 1996 of the Human Rights Office in Abkhazia,
Georgia, as part of UNOMIG, under the authority of the Head of Mission of UNOMIG,
and requests the Secretary-General to continue to pursue the necessary
follow-up arrangements with the OSCE and to continue close cooperation with the
Government of Georgia;
18. Reiterates its
encouragement to States to contribute to the voluntary fund in support of the
implementation of the Moscow Agreement and/or for humanitarian aspects
including demining, as specified by donors;
19. Requests the Secretary-General to consider the
means of providing technical and financial assistance aimed at the reconstruction
of the economy of
20. Requests the Secretary-General to continue to
keep the Council regularly informed, and to report after three months from the
date of the adoption of this resolution on the situation in Abkhazia, Georgia,
including on the operations of UNOMIG and to provide recommendations in that
report on the nature of the United Nations presence, and, in this context, expresses
its intention to conduct a thorough review of the operation at the end of its
current mandate;
21. Decides to remain actively seized of the
matter.
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