(draft)

PROTOCOL on Georgian-Abkhaz conflict settlement

Representatives of Georgian and Abkhaz sides, under the mediation of representatives of Russian Federation, held negotiations on implementation of basic provisions of "Statement on measures aimed at political settlement of the Georgian-Abkhaz conflict, dated 4 April, 1994" and

Desiring to put an end to the dividing conflict and restore state-legal relations, to reestablish peaceful coexistence, mutual respect that dates back for centuries,

Convinced that it is high time to put an end to the heave legacy of the past and to embark upon the road leading to peace and prosperity, believing that it is high time to treat one another with dignity and mutual tolerance and start building our common future in the spirit of compromise and reconciliation.

Taking care of establishment of civil peace, inter-ethnic concord and security of nations, realizing fundamental human rights and freedoms of citizens, irrespective of their nationality, religion, place of residence and other differences,

Believing that only through pooling together our efforts it will be possible to solve difficult economic problems and embark on the road leading to prosperity,

Committing themselves not to allow resumption of violence, which had brought immense sufferings and human casualties,

have agreed upon the following:

1. The Parties take commitments not to resort to arms and under no circumstances allow resumption of hostilities and bloodshed. Any differences shall be resolved exclusively by peaceful means of negotiations and consultations with the support and under the mediation of the Russian Federation, under the aegis of the United Nations, with participation of the OSCE and the Commonwealth of Independent States.

2. The Parties declare about their consent to live in an unitary federative state within the borders of the former Georgian SSR. Relations between the Parties shall be regulated by a constitutional law.

3. Foreign policy and foreign economic links, determination and implementation of defense policy, protection of state border, federal budget, energy sector, transport, custom service, protection of human rights and civil freedoms, ethnic minorities rights; ecology and liquidation of consequences of natural disasters; prevention of epidemics and liquidation of their consequences; meteorology service; standards,  etalons, metric system and time standards shall be under the competence of federal authorities.

Competence of federal authorities can be expanded upon agreement between the Parties.

4. Within the framework of agreed upon competence, an federative body (parliament) shall be created, decision of which shall be legally binding on the whole territory of the federative state. The Abkhaz side shall have in advance agreed upon number of seats in the federative legislative body.

Decisions of the federative legislative body on issues directly relating to Abkhazia shall be of legal force if there are adopted by simple or qualified majority of deputies from Abkhazia, depending on whether these decisions are adopted by simple or qualified majority of the federative legislative body.

Procedure of making decisions on moot questions whether this or that issue is directly related to Abkhazia, shall be a subject of future negotiations.

5. The federal state shall be presented as a unified entity in international relations, including membership in international organizations. International treaties, concluded by the unitary federative state within its competence, shall be mandatory for Abkhazia.

Within the framework of its exclusive competence, Abkhazia shall be entitled to conclude international agreements, about which it shall inform relevant federative bodies.

6. The process of organized return of refugees and internally displaced persons shall be resumed in accordance with the quart partite agreement of April 4, 1994.

For organization of works aimed at return of refugees, a special working group composed of representatives of the Parties and the Russian Federation and the  UNHCR , shall be set up.

The working group shall start its activities beginning from …August 1995 and within two weeks aftermath, and in accordance with a action plan adopted by the working group, the process of organized return of refugees to places of their permanent residence, first of all to the Gali region, shall start.

The Abkhaz side, alongside the working group and the UNHCR shall register those refugees who have already returned in a chaotic manner.

The Abkhaz sides reiterates its responsibility to guarantee security of returning refugees and internally displaced persons.

Tangible measures aimed at guaranteeing equal rights for all people residing in Abkhazia irrespective of their nationality, religion and other affiliations.

The Georgia side shall take effective measures aimed at prevention of infiltration into Abkhazia any armed formations  and individuals posed to carry out terrorist and subversive acts in the Gali region.

The Parties reconfirm, that the operation aimed at maintaining peace and carried out by the CIS collective peace-keeping forces in  the conflict zone, must contribute to the speedy and safely return of refugees and internally displaced persons to the regions of their previous residence.

On behalf of the Georgian Side …                         

On behalf of the Abkhaz Side…

In the presence of

the Russian Federation  

the United Nations

the Organization for Security and Cooperation in Europe

            " …"     1995

            On the same day of signature of the protocol by the parties, Abkhazian side disavowal its signature.

(1995.07.24)

(Personal Archive of Academician Levan Aleksidze/in Russian)