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I , ,R 0,0{1;: ~A B()Rl()C1hn3as.!!?(Y) B 87J~Ao3o V()C1ja(Y)A()~ 0A6s!!?(Y)6() O()Ac1jmo()6A67js-!!?0 Ac1ja6o B (Y)(1)(>()6O'b()(30() Bm()6 I , ,r 0,0{1;: ~a b()rl()c1Hn3as.!!?(Y) b 87J~ao3o v()c1Ja(Y)a()~ 0a6S!!?(Y)6() o()ac1Jmo()6a67JS-!!?0 ac1Ja6o b (Y)(1)(>()6o'b()(30() bm()6 PERMANENT MISSION OF GEORGIA TO THE UNITED NATIONS N~ l 0 I ) \.{ -01 ~~~;~ 22 May 2009 : ..-o 'l. fo Excellency, I have the honor to transmit the annexed letter of the Minister of Foreign Affairs of Georgia, Mr. Grigol Vashadze regarding the recent report on the situation in Abkhazia, Georgia dated May 22, 2009. Please, accept, Excellency, the assurances of my highest consideration. Sincerely, Alexander Lomaia Permanent Representative H.E. Mr. Ban Ki-moon Secretary-General United Nations New York - 1 One United Nations Plaza, 26TH floor, New York, NY 10017, USA Tel: I (212) 759-1949 Fax: I (212) 759-1832 E-mail: [email protected] l~~~:i :1r ~/ I L__ :: _ ~ ~.,;::;.'- ~~_:f· ~~ - -: L.Jj.JfY'-.ffi 3 ::l~rlL L,)3.) fY1 ::lf'1 L.) j (l::Jffi .) a060LoM0 MINISTER OF FO RE IGN AF FAIR S OF GEO RGIA Tbilisi, May 22, 2009 Excellency. I would like to use th is opportunity and extend my compliments to you It is with a great sense of urgency that I write to you today The purpose of this letter is to share with you some observations concerning the recent Report on the situation in Ab khazia, Georgia especi ally in light of the upcoming UN Security Council deliberations Excellen cy GeJrg a 1s a rnen ~ b e r of th e United Nat1ons. a sovereign and democratic state. and the United Nat1ons re cognizes the territorial integrity of Georgia within its inte rnationally recognized borders. On ly several months have passed since Russia's military aggression against Georgia an d its unilateral re cognition of two occupied provmces of Georgia contrary to the UN Charter wh ich maintains that the sovere1gnty in•Jependence and territorial integrity of member states must be respected In this context. r h 2 role of the UN Secretary-General is absolutely essential in undE·rtakmg the ne ce ss ,'lr~ · o- . ~: p s to protect the universal principles and norms of 1nternationa1 law, including the j.>i 1r 1 ~ 1 ! 0 ,_. f terri tori al integrity, throughout the world Unfortunately your report of May 15 :2 0-)9 :-::n be interpreted as Jeopard izing some of th e aforementioned principles A month ago we had a fru itful meeting 111 New York and I am grateful fo; th at opportunity where I had a chance to provide our visio11 on UN m1ss ion 's future role i11 Abkhazi a Georgia Regretta bly. very limited number of Georgian suggestions. if any r~ t all has been reflected in the Report However, Georgia continues its work with the partner countri es in ord er to con solidate international efforts for the establishment of c. result -oriented , multi-dimensional UN presence in Abkhaz1a . Georgia HE Mr. Ban Ki-moon Secretary-General of the United Nations Georgia is convinced that comprehensive. multi-dimensional UN operation with strong policing . human rights and monitoring components is urgently needed. In this regard , the full implementation of August 12 , 2008 cease-fire agreement must be the basis for any international operation and security arrangements Accordingly. and this is a crucial point in our position. th1s matter has to be considered as a foundation of the future presence of UN Mission in Georgia Here. I have to draw your attention to the fact that the Report stays away from this fundamental document which stipulates the obligations undertaken by Georgia and occupymg power, the Russian Federation regarding the matters of ceasefire and security arrangements Particular attention should be paid to the obligations of the Russian Federation which still remains unfulfilled Unfortunately. the absence of such a critical element in the Report makes a fertile ground towards an ill-designed mission. Regrettably, the Report makes no suggestions on the need of establishing international executive law-enforcement operation. despite the urgent need for international involvement in establishment of law and order and protection of the human rights inside the occupied territories We hope that international community will strengthen pressure on Russia for achieving this goal The Report also suggests that an increased Russian military presence is contributing to a tense environment on the ground, while it is the presence of Russian occupying forces in Georgia by itself which in principle endangers the peace and security Unfortunately subsequent recommendations regarding the withdrawal of the Russian armed forces . and hence stabilization the security situation on the ground is missing from the report Moreover the report implies the possibility of authorized Russian military presence in the proposed security and restr1cted zones and in the Upper Abkhazia/Kodori Valley, as the Report does not provide for the establishment of the fully demilitarized zones Against the background of the Russian military aggression and subsequent occupation of the territory of Georgia, it is of utmost importance to prevent Russia's efforts to legitimize the occupation of Georg1an regions of Abkhazia and Tskhinvali Region/South Ossetia. That is why it was and continues to be so crucial to n1aintain the t1tle of the Report (i e " The Situation in Abkhazia Georg1a ·) , the agreed and unquestioned language (i.e. ·Abkhazia. Georgia· and "" South Ossetia. Georgia·) the name of the UN mission (i e. UNOMIG) . along with the title of Human Rights Office in Abkhazia. Georgia, the status of proxy regimes (i.e. de-facto regimes/authorities) and geographical terminology (Gentsvish1 , Sakeni) un changed In this connection . it is unfortunate that the report conta1ns some elements and offers some new, risky language which will be Jnevitably interpreted as contributing to the creation of certain ambigu1ty on the aforementioned principles. Excellency. It is obvious that Georgia will never accept establishment of a mission with the mandate which questions its sovereignty and territorial integrity. Moreover, we will not be in a position of grant1ng green light to the presence of any UN Mission in Georgia, unless the mandate consists of the following vital elements: UN Mission in Georgia shall monitor the full · implementation of the August 12 cease-fire agreement; without the primacy of th is task. presence of the Russian occupation forces on the occupied territory of Abkhazia will be considered legal, which is utterly unacceptable for us, and for the whole international community, except for only one member of the UN Security Council; UN Mission in Georgia shall consist of a strong executive law-enforcemenUpolicing component able to establish law and order and protect human rights of the population in the occupied territones; it is important to understand that the introduction of the UN executive police is an essential step towards creating conditions for the safe and dignified return of lOPs and refugees to the places of their permanent re sidence; Demilitarized zone shall extend to the Upper Abkhazia/Kodori Gorge and UN Mission shall be able to monitor the compliance with the security regime as well as the August 12 cease-fire agreement in this zone. UN Security Council Resolution shall not provide room for the legalization of the presence of any armed forces in the Upper Abkhazia/Kodon Gorge In the end, please be assured that Georg ia stand s ready to fully cooperate with all the relevant stakeholders towards the aim of establishing full-fl edged UN Mission in Georgia. which would be able to establish peace and security in the areas currently occupied by the invading power and create conditions necessary for the protection of the local population and safe and dignified return of lOPs and refugees In this process, only request of ou rs would be to aim at the truly effective mission. which does not Jeopardize the territonal integrity and sovereignty of Georgia Please accept Excellency. the assurances of my highest consideration. Sincerely, v~/ / / t / / . I Grk}ol Vas'(dze ( ' .1\ ~ 7/91 - 12 .
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