The Resolution of the Parliament of Georgia on the measures of conflict settlement in Abkhazia
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About this capture
Organization: Internet Archive
__wm.bt(600,27,25,2,"web","http://www.abkhazia-georgia.parliament.ge/Resolutions/Geores/1996_htm/apr_17.htm","2007-09-30",1996,"/static/");
The Resolution of the Parliament of Georgia
on the measures of conflict settlement in
Abkhazia
Separatist forces which have been operating during 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 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. Because Russian Peacekeeping Forces under a 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 o f 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 Abkhazian 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
acknowledge d 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 Gorge
population, the Georgian Government shall take active measures for implementation of the
Presidential Resolution of August 17, 1995 on Kodori Gorge.
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 1.
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. Valeri Kobalia, 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 mass media.
April 17, 1996
Signed
Zurab Zhvania
Chairman of the Parliament
Tbilisi
