RESOLUTION 1633 (2008) OF THE PARLIAMENTARY ASSEMBLY OF
COUNCIL OF
1. is
firmly committed to the pursuit of peace and the principles embodied in the
Statute of the Council of Europe: democracy, human rights and the rule of law,
as well as to principles of state sovereignty, the right to territorial
integrity and the inviolability of frontiers of states. Respect of these
principles is an obligation incumbent upon all member states of the Council of
Europe.
2. When joining the Council of
Europe, both
3. The Assembly condemns the
outbreak of war between two member states of the Organisation and deplores the
human suffering caused by it.
4. The Assembly is conscious
that, although the outbreak of the war on 7 August 2008 may have come
unexpected to most of its members, it was the result of a serious escalation of
tensions, with provocations and ensuing deterioration in the security
situation, which had started much earlier. Steps to reduce tensions were not
taken and the possibility of military intervention became the option for both
sides in the conflict. This is unacceptable for the Assembly. The Assembly is
of the view that the peacekeeping format in the end proved that it could not
fulfil its intended function and peacekeepers effectively did not succeed in
their mission to protect the lives and property of the citizens in the conflict
area. It therefore regrets that earlier calls to discuss a change in the format
of the peacekeeping and conflict resolution process were rejected by the South
Ossetian and Russian sides.
5. However, the start of
shelling of Tshkinvali without warning by the Georgian military, on 7 August
2008, initiated a new level of escalation, namely that of open and full-fledged
warfare. The use of heavy weapons and cluster munitions, creating grave risks
for civilians, constituted a disproportionate use of armed force by Georgia,
albeit within its own territory, and as such a violation of international
humanitarian law and Georgia’s commitment to resolve the conflict peacefully.
6. At the same time, the
Russian counter-attack, including large-scale military actions in Central and
Western Georgia and in Abkhazia, equally failed to respect the principle of
proportionality and international humanitarian law and constituted a violation
of Council of Europe principles, as well as of statutory obligations and
specific accession commitments of the
7. In this respect, the
Assembly considers that, from the point of view of international law, the
notion of “protecting citizens abroad” is not acceptable and is concerned by
the political implications of such a policy by the Russian authorities for
other member states where a substantial number of Russian citizens reside.
8.
The Assembly believes that truth is a precondition for reconciliation. Since
the facts surrounding the outbreak of the war are disputed by both
9. The Assembly condemns the
recognition by
10. The Assembly particularly
deplores that the recognition of independence was prompted by the unanimous
demand of both houses of the Parliament of the
11. The Assembly is concerned
about the human rights and humanitarian law violations committed by both sides
in the context of the war, such as the intentional or avoidable killing or
wounding of civilians, as well as destruction of property. In particular, the
use of indiscriminate force and weapons by both Georgian and Russian troops in
civilian areas can be considered war crimes that need to be fully investigated.
12.
13. The Assembly is especially
concerned about credible reports of acts of ethnic cleansing committed in
ethnic Georgian villages in
14. The total number of deaths
and persons wounded has been the subject of controversy. The most recent
independent estimates indicate that 300 persons were killed and approximately
500 were wounded on the South Ossetian and Russian sides, 364 persons were
killed and 2,234 were wounded on the Georgian side. These figures are far lower
than those initially advanced in particular by
15. Some 192,000 persons were
displaced as a consequence of the war. The Assembly is concerned that a total
of 31.000 displaced persons (25.000 from
16. The Assembly welcomes the
role played by the Council of Europe Commissioner for Human Rights who
travelled to the region in August and September 2008, organised the exchange of
prisoners and spelled out six principles for urgent protection of human rights
and humanitarian security. The Assembly supports fully these principles.
17.
The Assembly welcomes the initiative of the Swedish Chairmanship of the Council
of Europe Committee of Ministers which inter alia convened an informal
extraordinary meeting of the Ministers of Foreign Affairs on 24 September 2008
in order to prepare the response of the intergovernmental sector of the
Organisation to the crisis.
18. The Assembly further
welcomes the fact that the European Union (EU), under the French Presidency,
has been actively involved in the wake of the conflict and recalls its earlier
calls to this effect in its Resolution 1603 on the honouring of commitments and
obligations by
19. The Assembly also welcomes
the proposal of the Turkish government concerning a "
20.
The Assembly calls on the Russian authorities to allow EU, as well as OSCE
monitors, to have access to South Ossetia and Abkhazia, which are under the de
facto control of the
21. The Assembly welcomes the
quick reaction of the international community in providing assistance to the
region. It welcomes the fact that the Russian authorities have provided
generous support to refugees from
22. In view of the
above-mentioned considerations and taking into account in particular the
findings of the Ad hoc Committee of its Bureau, which visited
22.1. implement
unconditionally all points of the EU-brokered cease-fire agreement. This
implies, in particular, the obligation for Russia to withdraw its troops to
positions ex ante the conflict and refrain from any action of
provocation to justify maintaining the presence of Russian troops in the
so-called “buffer zone”;
22.2. enable
OSCE and EU monitors to be deployed into South Ossetia and Abkhazia; and
22.3. co-operate
fully in the establishment of an independent international investigation to
look into the precise circumstances surrounding the outbreak of the war; this
initiative should be without prejudice to the work of inquiry committees set up
or to be set up within their own Parliaments, which the Assembly fully
supports;
22.4. work
towards the creation of a new peacekeeping format and to internationalise the
peacekeeping force, with the active participation of Council of Europe and EU
member states, in order to establish genuine conditions for the start of a
peace process;
22.5. participate
unconditionally in the
22.6.
refrain from inflammatory discourse and take steps to entertain good
neighbourly relations;
22.7.
ensure effective respect for all human rights under
the European Convention on Human Rights and humanitarian norms under the 1949
Geneva Conventions and their additional protocols on the territories under
their de facto control;
22.8.
investigate all allegations of human rights violations committed during the war
and in its aftermath and hold the authors to account before the domestic
courts;
22.9.
allow safe and unhindered access by media to the
conflict zone, in accordance with Assembly Resolution 1438 (2005) on freedom of the press and
the working conditions of journalists in conflict zones;
22.10.
make full use of available means of peaceful conflict resolution, including as
appropriate the European Court of Human Rights, the International Court of
Justice and the International Criminal Court, in order to resolve the
underlying conflict situation; in this context, implement the interim measures
ordered by the European Court of Human Rights on 12 August 2008, upon the
request of the Georgian government, as well as any forthcoming judgments of the
Court concerning alleged violations of human rights relating to the conflict;
22.11. join
the Convention on Cluster Munitions.
23. The Assembly calls on all
parties to the conflict, namely Georgia,
23.1. take
urgent measures to guarantee the security of all persons within the region of
23.1.1. stamp out lawlessness
(including physical assault, robbery, kidnapping, harassment, looting and
torching of property), in accordance with Article 43 of the Hague Conventions
of 1907 and the IV Geneva Convention of 1949;
23.1.2. provide,
without delay, UNHCR and all humanitarian organisations with unhindered access
to the areas affected by the conflict, in particular in the region of
23.2. remove
all mines and unexploded ordnance. This implies all parties to the conflict
exchanging information on the use and location of such materials, and also the
involvement of experts on mine and ordnance location and removal. Mine and
unexploded ordnance awareness raising for all persons
concerned needs to be carried out;
23.3. co-operate fully with all
international monitoring missions whether from the UN, the OSCE, the EU, the
Council of Europe or other international body and grant these organisations
full access to the conflict regions;
23.4. ensure
that all persons displaced by the conflict should have the right to return on a
fully voluntary basis and to refrain from using displaced persons as a
political pawn when tackling the issue of return. Furthermore all internally
displaced persons should have the right to return in safety and dignity, or to
resettle voluntarily or integrate locally;
23.5. release and exchange,
immediately, hostages, prisoners of war and other persons detained as a result
of the conflict, without requiring reciprocity from any other side;
23.6. solve
the issue of missing persons from the recent and earlier conflict, ensuring
that the issue is treated as a humanitarian issue and not a political issue.
Furthermore, establish a multilateral co-ordination mechanism with functioning
commissions for missing persons;
23.7. take
concrete measures to fully and effectively implement the Council of Europe
Commissioner for Human Rights’ six principles for urgent protection of human
rights and humanitarian security developed after his August 2008 visit to the
region.
24. The Assembly calls on all
member states and states with observer status with the Organisation to:
24.1. not
recognise the independence of
24.2. intensify
their efforts to provide humanitarian assistance to the victims of the
conflict, including:
24.2.1. the
pledging and delivery of aid and assistance for immediate urgent needs and
those of a more long-term nature;
24.2.2. assistance covering basic
needs, accommodation, health care, including care for trauma victims, support
for the livelihood of victims, etc.;
24.2.3. particular
support for vulnerable persons, including children, the aged and the sick and
infirm;
24.3. keep under the spotlight
the needs of the 222,000 persons who remain displaced from the earlier conflict
over Abkhazia and South Ossetia as well as those displaced from earlier
conflicts in the North Caucasus;
24.4. formally
condemn the ethnic cleansing taking place in the areas under the effective
control of Russian forces and of the de facto authorities in
24.5. ensure, to the extent they are
also members of NATO, that the NATO assessment of the military build-up with
respect to this war be made public;
24.6. make available to the
independent international investigation into the circumstances surrounding the
outbreak of the war all relevant satellite data they may have in their
possession.
25. Because of the human rights
violations and the humanitarian challenges resulting from the conflict between
26. The Assembly resolves to
convene an international conference to reflect on establishing and improving
existing early warning systems to prevent the escalation of conflicts into
full-fledged wars.
27. The Assembly invites the
Secretary General of the Council of Europe to consider the establishment,
possibly in consultation with the Commissioner for Human Rights, of a special
human rights field mission of the Council of Europe with unhindered access to
all areas affected by the war.
28. The Assembly also invites the
Secretary General of the Council of Europe to consider availing himself of his
powers under Article 52 of the European Convention on Human Rights in
particular for the purpose of asking the Russian authorities to provide
information on how the rights guaranteed by the Convention in zones under their
de facto jurisdiction are effectively secured and the Georgian authorities to
provide explanations as to how it was deemed necessary to declare a state of
war without it being necessary to make a derogation under Article 15 of the
Convention.
29. The Assembly invites the Council
of Europe’s Development Bank to consider action with a view to assisting refugees
and displaced persons, as well as contributing to reconstruction in the areas
affected, including in
30. The Assembly is convinced
that the establishment of a dialogue is the best way forward for the solution
of any conflict and for fostering stability in the long-term. This holds true
for this particular conflict. However, dialogue requires political will on both
sides and cannot be pursued in isolation of concrete actions. Therefore, some
basic conditions for the dialogue have to be established and observed. Full
implementation of the peace plan, including withdrawal of the Russian troops to
positions ex ante the conflict is essential. In addition, full
deployment of EU and OSCE monitors into South Ossetia and Abkhazia and
withdrawal by
31. In order to promote such a
dialogue, the Assembly will consider setting up under its aegis a special
Parliamentary Assembly Ad hoc Committee, in which both Georgian and Russian
parliamentarians will participate, to serve as a forum for discussing their
differences and proposing ways to put an end to the current impasse and look
towards the future.
32.
With a view to minimising the risk of
further outbreaks of violence involving its member states, the Assembly should
play a role in the field of conflict prevention and resolution, as without
peace there cannot be genuine respect for democracy, human rights and the rule
of law. It decides, therefore, to ask its Bureau to study mechanisms by which
it could conduct parliamentary diplomacy in the context of frozen conflicts in
Text
adopted by the Assembly
on 2 October 2008 (35th Sitting).
(www.coe.int)