RESOLUTION OF THE PARLIAMENT OF GEORGIA On the situation in Abkhazia

The Parliament of Georgia states:

The resolution of the Parliament of Georgia, dated October 11, 2001 “On the Situation Created on the territory of Abkhazia” has not been implemented at this stage;

The CIS Peacekeeping Forces, deployed on the territory of Abkhazia, in reality fulfill the functions of border guards between Abkhazia and the rest of Georgia and fail to perform the duties, envisaged by their mandate, namely, they cannot provide for the protection of population and creation of conditions for the secure return of internally displaced persons;

In Abkhazia, on the occupied Georgian territory, major human rights and freedoms’ violation on the ethnic basis has been carried on by the assistance of external military force. Such as: arbitrary deprivation of freedom, terror, murders, taking of hostages, kidnapping for money extortion, violation of the official status of the Georgian language, destruction and misappropriation of state, refugees and IDPs’ properties. The monuments of Georgian culture and scientific and academic institutions have been destroyed and similar activities have been going on. The world community has not been appropriately informed of these actions. The policy of the separatists’ leaders have posed a genuine threat to the existence of Abkhaz ethnos itself and to its unique culture;

Abkhazia has become the territory without control and has given shelter to international terrorists and extremists and has turned into the zone for drugs and arms’ trafficking;

While there exist uncontrolled and unregistered armaments on the territory of Abkhazia, Russian military forces continue to supply the separatist regime with heavy military equipment and armaments. Granting to the citizens of Georgia, residing in Abkhazia, the Russian citizenship, further escalates the situation. It is an evident attempt from the side of Russia, to interfere in the internal affairs of Georgia with a pretext of protecting the interests of “own citizens”;

Despite the fat that the heavy military equipment has been withdrawn from  Gudauta military basein compliance with CFE, The Russian side has not fulfilled the obligation, taken by the decision of the 1999 OSCE Istanbul Summit regarding the withdrawal and closure of Gudauta military base;

The Parliament of Georgia, while adopting the Constitution of Georgia and in the following period, in order to create the facility conditions for the conflict settlement in Abkhazia, considered it inappropriate to define the status of Abkhazia without the participation of the whole population of Abkhazia;

The separatist government of Abkhazia refuses to cooperate on the definition of the status of Abkhazia not only with Georgian side but also with the UN, the OSCE and other international organizations. Thus, it ignores the good will of international community;

Taking into account the abovementioned, the Parliament of Georgia adopts the following resolution:

1. It is necessary to implement the requirement of the resolution of October 11, 2001 “On the Situation Created on the territory of Abkhazia” regarding the withdrawal of the Peacekeeping Forces of the Russian Federation, acting under the auspices of the CIS, from the territory of Georgia.

2. The ethnic cleansing of the peaceful population, expressed mostly in the extinction and driving out of Georgian population that has been carried on by Abkhaz separatist regime since 1992 and was repeated with special cruelty during Gali events of 1998 should be acknowledged as the genocide of the Georgian population, based on the resolutions of the OSCE 1994 Budapest, 1996 Lisbon and 1999 Istanbul Summits, the resolution of the UN Security Council of January 31, 2002 and the materials, investigated by the Prosecutor’s Office of Georgia. Prosecution, based on the legislation of Georgia and international law must be carried out against the organizers and inspirators of the conflict; also must be enacted the legislative leverages for the restoration of Georgia’s territorial integrity.

3. As the Abkhaz separatist government is an ethnocratic-discriminative regime, the world community should be asked to provide the appropriate assessment of the situation, created in Abkhazia regarding human rights’ protection.

4. In compliance with the demand of the Georgian delegation to the Parliamentary Assembly of the OSCE the government of Georgia must provide for the publicity and adequate reaction on the documentation, prepared by the joint UN and OSCE office in Sukhumi on the violation of human rights in Abkhazia.

5. In compliance with the 1999 Istanbul Summit’s resolution the government of Georgia must provide for the immediate international inspection of the Gudauta military base in order to withdraw and finally close it.

6. The supply of the separatist regime with heavy military equipment and armaments, carried out by the Russian military forces is a breach of international law and rude interference in the internal affairs of Georgia.

7. The monetary intervention, carried out by the Russian Federation in Abkhazia, represents the utilization of economic leverage against Georgia, violating international law. Based on this, the Ministry of Finance of Georgia and the National Bank  of Georgia by means of negotiations with respective bodies of the Russian Federation must stop the above-mentioned intervention.

8. The establishment of visa-free regime by the Russian Federation without agreement with Georgia’s central government on the Russia-Georgia’s border section in Abkhazia is against the major principles of international law; Granting of Russian citizenship to Georgian citizens, residing in Abkhazia, is also illegal.

9. While there exists the possibility of the peaceful settlement of the conflict in Abkhazia, it is inadmissible to solve it by forceful methods. We apply to the Abkhaz separatist government to resume the negotiations with Georgian side for the peaceful and just settlement of the conflict.

10. If the Abkhaz separatist government does not take constructive steps, taking into consideration the recommendations of the international community, for the broad-range political settlement of the conflict and will not resume the negotiations process, the executive power of Georgia in three months’ term must define the status of Abkhazia within the state of Georgia, in accordance with the above-mentioned recommendations and first of all, taking into consideration Georgia’s national interests.

11. The Ministry of Foreign Affairs of Georgia must provide for the implementation of joint UNESCO and the Council of Europe’s mission on the basis of the 1954 Hague Convention in order to monitor the cultural heritage, existing on the territory of Abkhazia and to identify the facts of the destruction of cultural monuments.

12. The ad hoc commission of the Parliament of Georgia on the problems of Abkhazia must present the draft on the major directions on the conflict settlement in Abkhazia in compliance with the article 48 of the constitution of Georgia till June 30, 2002.

13. The President of Georgia:

a) Taking into account the existing situation, along with the Parliament of Georgia respective ministries and bodies in four months’ term should provide for the purpose of further reaction the legal political expertise of the normative acts international treaties and agreements, adopted on the issue of Abkhazia. Also in compliance with the articles 65 and 100 of the constitution of Georgia provide for the implementation of the constitutional procedures regarding military type international treaties and agreements concluded on behalf of Georgia;

b) Taking into consideration the existing situation, provide for the reinforcement of defense mechanisms necessary for the country;

c) Should inform international community that Abkhazia, as an uncontrolled territory, is a source of terrorism and extremism and creates threat to the peace in the whole region;

d) Should provide for the full involvement of the legitimate government of Abkhazia, as one of the sides in the negotiation and decision-making process;

e) Should order the respective bodies of the executive power of Georgia, in case of the withdrawal of the Russian Federation’s peace-keeping forces, existing under the auspices of the CIS from the territory of Georgia to provide for the specific measures in order to maintain the cease fair and security of population in the conflict zone.

14. In order to control the implementation of this resolution the Parliament of Georgia should receive every three months the respective information from the executive power of Georgia.

The Chair of the Parliament of Georgia Nino Burjanadze

20 March 2002

(Newspaper “Sakartvelos Respublika”, # 69, 22 March  2002)