Conflict Resolution in Georgia a Synthesis Analysis with a Legal Perspective
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Conflict resolution in Georgia A synthesis analysis with a legal perspective Antje Herrberg Crisis Management Initiative A synthesis analysis with a legal perspective 3 Conflict resolution in Georgia A synthesis analysis with a legal perspective June 4 2006 Editor: Antje Herrberg, Crisis Management Initiative1 Introduction The purpose of this paper is to discuss the Georgian conflicts of Ab- khazia and South-Ossetia from the perspective of international law. As discussions on these frozen conflicts receive additional attention by the international community, notably the European Union, which is surrounded by considerable political rhetoric creating uncertainty and sometimes confusion, it is timely to present a factual analysis that might allow a constructive framing of negotiations or mediations in the future. This paper is a synthesis of a complete study that was undertaken by the Crisis Management Initiative, and thus might not make explicit reference to important case law. Rather it sets out the main and most crucial elements relevant to Georgia. This synthesis includes a legal 1 The Editor would like to thank her colleagues and consultants for the first drafts of this study and input that lead to this synthesis report 4 Conflict resolution in Georgia A synthesis analysis with a legal perspective 5 analysis regarding the demands for independence made by Abkhazia In spite of the lack of any international recognition as to their inde- and South Ossetia from Georgia. pendence, both Abkhazia and South-Ossetia have continued to dis- tance themselves from their central government. The areas have de- The paper starts out with a condensed overview of the background in veloped their own political institutions; presidents, parliaments, and particular the armed conflicts in the 1990’s in Abkhazia and South-Os- local political parties. While they also possess other insignia of formal setia. This is followed by an assessment of the limits and possibilities statehood, such as security and armed forces, the economic conditions provided by the current Georgian constitution for the settlement of the of the areas remain weak and illegal trade or criminality flourishes.2 conflicts. The main part of this paper examines the international law of While the two breakaway-regions share their desire to secede from statehood and self-determination as applied in the conflicts. Georgia, the territories differ in many respects. The respective roots of The main conclusion of this paper is that neither Abkhazia nor South- the conflicts are different, the population and territories possess differ- Ossetia has a valid claim to statehood under international law on the ent characteristics, and they enjoyed different status within the Soviet basis of unilateral action. Nevertheless, to the extent that the Abkhaz Union. The pace and developments in their secessionist struggles have and South-Ossetians may be held as distinct “peoples”, they enjoy the also varied. right of self-determination. Solution of the conflicts is legally possible only by a negotiated solution. An examination of international legal a) abkhazia practice in analogous cases shows that self-determination may either Abkhazia, formally the Georgian Autonomous Republic of Abkhazia, is be realized through appropriate federative or autonomous arrange- situated in the north-west of Georgia, bordering the shores of the Black ments for self-government within Georgia or by other arrangements Sea to the west, Russia in the north, and the Georgian provinces Svan- for minority protection. The conclusion of this study is that since these etia and Mingrelia in the south. The region comprised of 8,700 sq km, conflicts seem to be intractable possibly due to a lack of full assessment one eight of the territory of the Republic of Georgia and comparable in of the legal framework, that the reframing of key questions and mu- size to that of Cyprus, is today the homeland for some 200,000 inhab- tual discussion of them within the possibilities presented here could be itants composed of different ethnicity, the majority of whom are Ab- conducive in terms of finding a settlement to the conflicts. Given the khaz.3 The demographic structure of Abkhazia was, however, notably deep entrenched position of the parties, it would be advisable to draw a different at the time of the dissolution of the Soviet Union and the out- credible and neutral third party to facilitate these talks. break of armed conflict with Georgia in 1992. Before the war the popu- lation number was considerable higher – 525,000 – and the ethnic Abkhaz population maintained a minority position with the following ethnic composition: Abkhaz (18%), ethnic Georgians (46%), Armeni- 1. The hIsTorICal ConTexT ans (15%), Russians (14%), and others (8%).4 The 1992 hostilities gave rise to a wide displacement of populations – which especially targeted Since its independence in the aftermath of the dissolution of the So- the ethnic Georgians – and it still constitutes one of the unresolved viet Union, Georgia faced notable ethno-territorial conflicts within questions that a final settlement will have to address. its borders. Three areas that have enjoyed autonomous status since the 1920’s1 – Ajaria, Abkhazia and South-Ossetia – have striven to Despite the worsened inter-ethnic relations in Abkhazia during the strengthen their position vis-à-vis the Georgian central government, 1992-93 war and its aftermath, Georgians at large adhere to the view ultimately challenging the national unity of Georgia. Whereas a peace- that the Abkhazians are an autonomous people with Abkhazia being ful solution has been found for the Ajaria region, the conflicts in Abk- their native land.5 The Abkhaz population differs ethnically from the hazia and South-Ossetia still await resolution. Both regions have pro- Georgians and their separate identity is recognized and accepted. Al- claimed independence from Georgia in the 1990’s. With the support though the Abkhaz language is a Caucasian language like the Georgian, of the international community Georgia has rejected their secessionist the two languages are not mutually understandable. Religion-wise the claims and insisted on its territorial integrity. Abkhaz also differentiate themselves from Georgians; the Orthodox 6 Conflict resolution in Georgia A synthesis analysis with a legal perspective 7 Church forms an important part of the Georgians’ life, whereas the Ab- to negotiate with Georgia on the formation of a federal constitutional khazians are religiously divided into Christianity and Islam. structure that would preserve Georgia’s territorial integrity. This ethnically and culturally distinct population lives in the moun- The declaration of independence of Georgia on 9 April 1991, the op- tainous, but yet subtropical region of Georgia. It has relied on tourism position against president Gamsakhurdia and the military coup that and agriculture for survival. The effect of the 1992-93 war and years of removed him from power created a general atmosphere of turmoil economic embargo and isolation has, nonetheless, disassembled the during which the Georgian constitution from 1921 was reinstated. This Abkhaz economy to a dependency on Russia. Still, some perceive Abk- constitution did not stake out any separate status of Abkhazia. hazia as capable of surviving on its own economically as the region at Whereas Georgia’s independence was manifested through internation- least has been self-sufficient in food and electricity. According to the al recognition and membership in international organizations, Abkhaz- UNDP much of the population of Abkhazia is, however, impoverished ia continued the struggle to enhance its status. The Abkhaz Supreme and relies on humanitarian aid. Furthermore, the UNDP has concluded Soviet reinstated the Abkhaz constitution of 1925, according to which that infrastructure in Abkhazia “is in a stage of progressive collapse”.6 the “Republic of Abkhazia” was to have a federative relationship with The international community has been unwilling to support the claims Georgia based on equality between the two republics. This declaration for independence by Abkhazian representatives; the UN, OSCE, EU as of independence on 23 July 1992 did not further the protection of Abk- well as other international institutions have all sustained the territorial hazia’s hitherto autonomous political status. Instead it turned the long integrity of Georgia. tension into an armed conflict between Georgia and Abkhazia. Abkhazia under Soviet Rule The 1992 Conflict and Its Aftermath The history of Abkhazia involves certain periods when the Abkhaz have It was on 14 August 1992, when Abkhazia’s proposals for a federa- assumed ownership of governance and administration, yet it has for tive/confederative arrangement with Georgia were met by Georgia’s the most part constituted an autonomous part of Georgia or Russia/the Shevardnadze dispatching troops to bring Abkhazia into order. Not- Soviet Union. The Abkhaz history in the twentieth century follows at withstanding initial military success on the Georgian side, the Abkhaz large the creation, existence and dissolution of the USSR and challeng- fighters along with support from North Caucasian volunteers and Rus- es posed by its federal structure, both between and within the Union sian military supplies managed to force the Georgians to retreat in Sep- republics. Therefore the relations between Abkhazia, Georgia and the tember 1993. The toll of the armed conflict was hundreds of lives and Soviet Union