Informal translation

Draft

Status as of 12. 07. 2000

AGREEMENT (DECLARATION) On basic principles of political and legal relations between the sides  in Georgian-Ossetian conflict*

The Georgian and the South Ossetian sides through the mediation of the Russian Federation and with participation of the Republic of North Ossetia-Alania and the Organization for Security and Cooperation in Europe (OSCE), guided by the will to develop the positive results reached with the signing in Moscow of the Memorandum on Measures for Ensuring Security and Strengthening Mutual Confidence  between the sides in Georgian-Ossetian Conflict on 16 May 1996 and fixed in the Declarations on the results of the meetings between Eduard Shevardnadze and Ludvig Chibirov in Vladikavkaz of 27 August 1996, Java of 14 November 1997, Borjomi of 20 June 1998, as well as in the Protocol of the Meeting of the Specially Authorized Delegations of the Georgian and the South Ossetian sides on a Full Scale Resolution of Georgian-Ossetian conflict (March 1997, Moscow),

have agreed on the following basic principles of political and legal relations at the present stage of the conflict resolution process:

1.  The sides confirm that the negotiations on a full scale resolution of Georgian-Ossetian conflict shall culminate in adopting of a document, fully resolving divergences between the sides in the conflict and complying with universally recognized norms of international law, the provisions of the UN Charter, basic principles and commitments of the OSCE.

2. The Georgian and the South Ossetian sides undertake to strictly adhere to the principle to refrain from threat or use of force, of political, economic or other forms of pressure towards each other.

3. The sides admit that good will should be the determining factor for strengthening mutual confidence and for reaching mutually acceptable and full-scale resolution of the conflict. 

In the interests of full-scale settlement of their relations, the sides confirm their intent to work out, with the participation of international experts, a political and legal assessment of past events, origin and reason of the conflict.

4. The sides, guided by their strive for achieving mutually acceptable balance of the principles of territorial integrity of states and the right of peoples to self-determination, shall build their relations within internationally recognized state borders of Georgia, taking into consideration the vital interests, linking South Ossetia and the Republic of North Ossetia-Alania of the Russian Federation.

5. South Ossetia shall have its Basic Law, its own representative, judicial and executive bodies, security forces and symbols (Coat of Arms, Flag and Anthem).                  South Ossetian side shall independently, with notification to the Georgian side, conclude international agreements in the fields of trade and economy, science and technology, and culture.

6. The sides confirm their readiness to achieve stage-by-stage transformation of the zone of Georgian-Ossetian conflict into a demilitarized zone provided that there are effective security guarantees and on the basis of special agreements between the sides.  

The sides confirm that the peacekeeping activities, carried out by Joint Peacekeeping Forces in the zone of conflict in conformity with the Agreement on the Principles of Georgian-Ossetian Conflict Resolution of 24 June 1992, shall continue until another decision is taken by the sides in the conflict.

7. The sides shall continue to improve the cooperation between their law enforcement bodies and take specific measures to strengthen law and order in the zone of conflict, to elaborate and carry out coordinated special programs to combat crime.

The sides confirm their commitments to prevent and immediately stop any illegal actions, violating the rights of individuals on the basis of their ethnicity.

8. The sides shall continue to assist by all measures at their disposal the process of voluntary organized return of refugees and internally displaced persons*, on the basis of relevant documents adopted by the Joint Control Commission in co-operation with the UNHCR on this issue.

The sides undertake to adopt normative acts, guaranteeing the restitution of refugees and internally displaced persons’ rights to lost property, protection of their legitimate rights and interests. 

The Georgian side undertakes to solve the problems of compensating the above category of persons for losses incurred, including through funds that could be provided by the international community.

9. The sides shall enhance their joint efforts to solve specific problems of rehabilitation of economic relations in different fields (energy, transport, communications etc.), they shall encourage initiation and fulfillment of common projects and establishment of joint ventures.                                         

The sides shall jointly work on the problem of establishing appropriate legal basis for mechanisms regulating rehabilitation and development of the economy in the zone of Georgian-Ossetian conflict.

10. The Georgian side, together with the South Ossetian side shall facilitate the search for and attraction of foreign investments, low-interest credits and subsidies for economic rehabilitation and development in the zone of Georgian-Ossetian conflict, as well as to implement international social-economic and humanitarian programs in the zone of conflict, and for the territories, affected during the conflict.                                                                           Concurrently, the Georgian side shall take into fullest account the priorities of the South Ossetian side while working out and implementing above-mentioned international projects of rehabilitation and development.

11. The Georgian side stands ready to coordinate with the South Ossetian side the distribution of means envisaged in Georgian budget for the rehabilitation works in the zone of Georgian-Ossetian conflict. A mechanism of multilateral audit of these means shall be put to use.

12. Local ID cards issued by South Ossetian authorities shall be valid on the whole territory of Georgia. For trips outside Georgia South Ossetian population shall use Georgian passports with special superscription “South Ossetia”.

The sides have agreed to solve, in cooperation with the Russian Federation, the problem of functioning of Russian Consular Department in Tskhinvali.

13. The Georgian and the South Ossetian sides shall mutually guarantee not to undertake unilateral decisions and actions, which would contradict to this Agreement (Declaration).                                                           

The sides have agreed that the fulfillment of this Agreement (Declaration) shall enjoy the guarantees of the Russian Federation. The OSCE shall act as a facilitating Party.

14. All the disputes arising in the process of Georgian-Ossetian conflict settlement shall be resolved by the authorized delegations of the sides, as a rule through the mediation of the Russian Federation and with the participation of the Republic of North Ossetia-Alania and the OSCE.

15. Implementation of practical arrangements included in this Agreement (Declaration) shall be carried out within the framework of the Joint Control Commission, as well as  in interaction between authorized delegations of the sides, representatives of legislative and executive bodies.

16. This Agreement (Declaration) shall enter in force upon signing.

Made in____________ on ___________2000

 

For the Georgian Side     for

South Ossetian Side

 

Through Mediation of:

For the Russian Federation

 

With Participation of:

For the Republic of North Ossetia-Alania          

Of the Russian Federation

For the OSCE

(The Archive of the Mission of OSCE)



* Texts in bold are considered as being agreed upon.

* “Internally displaced persons ” shall imply “forced migrants” for the respective side.