DECREE ISSUED BY THE SUPREME COUNCIL OF THE ABKHAZ ASSR

on Legal Guarantees of Protection of the Statehood of Abkhazia

Having heard and discussed the report of the Chairman of the Supreme Council of the Abkhaz ASSR Comr. V. Kobakhia “on Legal Guarantees of Protection of the Statehood of Abkhazia” the Supreme Council of the Abkhaz ASSR notes:

In 1989-1990 the Supreme Council of the Georgian SSR three times (November 1989, March and June 1990) adopted the decision on restoration of the state independence of Georgia.  Those decisions admit that the Georgian Democratic Republic, established in 1918 was liquidated in February 1921 due to establishment of the Soviet power in Georgia based on forcibly concluded international treaties: the Union treaty between the Georgian Soviet Socialist Republic and The Russian Soviet Federative Socialist Republic of 21 May 1921; the Union treaty on establishment of the Union of Transcaucasus Soviet Socialist Republics of 12 March 1921; the Treaty on establishment of the Union of the Soviet Socialist Republics (the USSR) of 30 December 1922.

In that way the supreme legislative power of Georgia prepared the legal basis for the restoration of Georgia’s state independence that existed by the time of its sovietization in February 1921 and opened the path for the negotiation aimed at fulfilling this task.

Postponement of the date of election from March to October of 1990 and amendments to the electoral procedures of the deputies of the Georgian SSR bear the guaranties to reach this goal - reinstatement of the statehood existed in Georgia until February of 1921.

The Supreme Council of the Abkhaz ASSR considers that the restoration of the state independence, existed before February of 1921, is an undeniable right of the Georgian people, i.e. practical secession from the USSR.  But the decisions of the Supreme Council of Georgia say nothing about the autonomous entities included in Georgia.  From the essence of the decisions adopted by the Parliament of Georgia regarding the restitution of the previous status of its statehood, it’s easy to understand that all autonomous entities on its territory shall automatically follow Georgia and that’s why in the negotiations and signing of a future Union Treaties on establishment of a new federation, participation of Abkhazia, Ajara and South Ossetia has not been considered.

The Supreme Council strongly opposes such resolution of Abkhazia’s destiny due to the following reasons.

Abkhazia was incorporated under the protectorate of the Russian Empire in 1810 as an entity independent from kingdoms and principalities of Western and Eastern Georgia.  Abkhaz principality, as a national entity, ruled by Prince existed until 1864, while Georgia’s statehood was abolished in 1801 - right after it had entered into the Russian Empire.

After the Russian revolution of 1917 and from the start of disintegration of the Russian Empire, Abkhazia entered the South-West Union of the Caucasus that had nothing to do with Georgia.

In February of 1918 Georgia and Abkhazia concluded the agreement that recognized Abkhazia as “unified and indivisible State from the river Inguri to the river Mzimta”.  At that time the issues regarding independence of Abkhazia and the autochthonous of the Abkhaz people on its territory was an evident fact for Georgia.

After establishment of the Democratic republic of Georgia in May 1918 Georgia resorted forcible measures in order to include Abkhazia within Georgia but having met the firm resistance from the Abkhaz side, the representatives of the Georgian Government declared that the “independent existence was an organic right of the Abkhaz people”.

In 1918-1921 Abkhazia had been fully occupied by the troops of the Georgian Democratic Republic and only in February of 1921, after collapse of the Georgian Democratic Republic Abkhazia reinstated its independence.

On 4 March 1921 Abkhazia restored the Soviet power that had been overthrown by the Georgian Government and on 31 March of 1921 the Abkhaz Revcom (Revolutionary Committee - edit) proclaimed the in­­de­­­­­pendent Soviet Socialist Republic of Abkhazia - Abkhaz SSR.

Nevertheless, in December 1921, under the pressure of Stalin it was united with Georgia on the basis of the “Special Treaty”. In accordance of the Treaty one third of representatives of Georgia to the Transcaucasus Central Executive Committee fell to Abkhazia.

Pursuant to the federal character of the Treaty, in December 1922 the plenipotentiary representative of the Abkhaz SSR in the composition of the delegation of the Trans-Caucasus SFSR (Soviet Federative Socialist Republic-edit) Akirtava N.N. put his signature under the Treaty on establishment of the USSR that authorized Abkhazia as one of the union republics of the USSR.

In 1931, when Stalin’s administrative-command system was gaining a power, the political status of Abkhazia was degraded to an Autonomous Republic within the Soviet Georgia, which meant an effective inco­­rporation of Abkhazia into Georgia on a “legal” basis.

In the thirties the serious repressive measures were taken in order to dissolve the Abkhaz nation into Georgian.  To fulfill this goal they: closed Abkhaz schools and made the Abkhaz children go to Georgian schools; introduced Georgian as an office language; replaced Abkhaz toponymy with Georgian ones; resorted massive settlement of Georgians in Abkhazia constructing for them the special compounds; ousted Abkhazs from the State, party and administrative agencies and replaced them with Georgians; put Georgian ethnicity in the privileged position while discriminating the Abkhazs; oppressed original culture of Abkhaz people; forged the history of Abkhazia and Abkhaz people, which was announced as a Georgian tribe (race).

Stalin’s death, and especially the 20th Congress of the Communist Party of the Soviet Union that condemned Stalin’s cult of personality and the process of restoration of the legal interests of the repressed peoples seriously barred the plans of Georgian government, which successfully was implementing the Menshevik idea of “Georgianisation” of Abkhazs.

Though many artificially created factors still remained in force threatening the distinctive existence of the Abkhaz ethnicity, it was impossible to conduct open policy of the Abkhaz people’s cultural genocide that had been condemned by the special decision of the Central Committee of the Communist Party of the USSR.  And then the practice went “on the sly”.

Perestroika that started in 1985 brought a new wave of the barefaced chauvinism against the Abkhazs yet it was aimed at the development of democracy and establishment of the rule of law.  Certain forces of Georgia try to use the slogan - “The strong Center and Strong Republics” for the legalization of their aim to secede from the USSR ignoring the interests of the Abkhaz and Ossetian people, those who have their national autonomy, as well as Armenians, Azerbaijanis, Russians, Greeks and others - residing in the republic.

The issue was carried to the point that Abkhaz people had no right to the self-determination.

It’s evident that Georgian compact settlements appeared in Abkhazia after the Caucasus War had ended.  In the second half of XIX century Abkhazs were forcibly deported to Turkey.  Meanwhile they make immoral allegations that Abkhazia is a Georgian soil and the Abkhaz people are aliens there.

Against a background of situation mentioned above, Georgia makes an attempt to legalize its policy aimed at assimilating the Abkhaz people and abolishing Abkhazia’s statehood.  After seceding from the USSR Georgia will try to establish mono-ethnic state where Abkhazs either will have to dissolve themselves into Georgian ethnicity, or leave their homeland.  Accordingly, the decisions issued by the Supreme Council of the Georgian SSR encouraging Georgia’s secession from the USSR shall not be abandoned without political and legal assessment from the side of the Supreme Council of the Abkhaz ASSR.

The Supreme Council of the Abkhaz ASSR decrees:

1. To recognize that Democratic Republic of Georgia, breaching the Treaty of 11 June 918 and the Agreement concluded between the Abkhaz People’s Council and National Council of Georgia of 9 February 1918 carried out military intervention in the late June of 1918 aimed at forcible inclusion of the territory of Abkhazia into Georgia and abolishing the independence of the Abkhaz people.  This action that contravenes the International Law shall be considered as unlawful.

2. To declare null and void the part of the Agreement concluded between Georgia and RSFSR on May 1920, which is related to the territory of independent Abkhazia, then occupied by Georgian military forces.

3. The Decrees of the Supreme Council of Georgia issued on 18 November 1989, 9 March and 20 June of 1990, which declare null and void all political and legal institutions introduced after February 1921, lead the logical conclusion that all treaty-relations between Georgia and Abkhazia are also unlawful and Abkhazia’s inclusion into the Georgian SSR has no legal base any longer. Consequently the legal form of Abkhazia’s state sovereignty is the Soviet Socialist Republic of Abkhazia that was proclaimed on 31 March 1921 and based on a free will of the people of Abkhazia.

4.  To raise the issue before the Supreme Council of the USSR on reinstatement of the status of Abkhazia proclaimed on 31 March of 1921.

Before the resolution of this issue by the Supreme Council of the USSR and concluding the new union treaties, the current state-legal relations between Georgia and Abkhazia shall remain in force.

5. Abkhazia is ready to start the negotiations with Georgia in order to establish further state-legal relations.

6. During the formalization of the new Union Treaty that is actually renewal of the 1922 International Agreement, Abkhazia, as one of the founder-Republics of the USSR, shall participate in all negotiations equally with other subjects of the USSR.

7. This Decree shall be submitted to the Supreme Council of the RSFSR to be considered simultaneously with the Decree of the Supreme council of the Georgian SSR of 18 November 1989, 9 March and 20 June of 1990.

Chairman of the Presidium of the Supreme Council of the Abkhaz ASSR V. Kobakhia

Secretary of the Presidium of the Supreme Council of the Abkhaz ASSR I. Kvitsinia

25 August 1990

(Newspaper “Sovetskaia Abkhazia”, # 164, 28 August, 1990)