Conflicts in Georgia after the restoration the independence and possible ways of their resolution

By: Nika Chitadze.

President of the George C. Marshall Alumni Union, Georgia – International and Security Research Center

Presentation during the International workshop – Frozen Conflicts of the Ex-USSR Area in a new Geopolitical Context. Chisinau, Moldova, December 3-4, 2004.

Introduction

The social-economic development of Georgia is significantly hampered by the existed conflict zones in the country. Separatist regions are uncontrolled territories and there is a more favorable conditions for illegal trade, especially drug trafficking, money laundering, terrorist activities and other illegal operations on the territory of Georgia and South Caucasus Region. In addition, the biggest problem of separatism is the function of illegal armed formations that are armed with modern military equipment. Most importantly, one of the main reasons for the development of separatist movements is direct support of de-facto separatist authorities in the conflict zone by official Kremlin, which  provides financial and military support for secessionist regimes.

In general, it should be pointed out, that as it is known, nowadays Georgia can not control about 15% of its territory. The significant parts of the territory of Abkhazia and the former South Ossetian Autonomous District are outside of control of the central government of Georgia.

At the same time, it is impossible to restore Georgian jurisdiction over those territories by peaceful negotiations at this stage, as the central government of Georgia demands from separatist regimes the recognizing of the territorial integrity of Georgia in exchange for granting greater autonomous rights to Abkhazia and Tskhinvali district within the united Georgia. But the leadership of both regions during the negotiations only demand independence and do not agree with any form of recognition of Abkhazia and South Ossetia as part of Georgia's territory.

It is impossible to solve the conflict and restore territorial integrity by military means. Despite the strengthening of the armed forces of Georgia and their capabilities in the recent years, it will be difficult for Georgia to conduct large-scale military operations. The situation is complicated by the fact, that if the Georgian side attempts to restore territorial integrity through forceful methods, it will have to clash with Russia as well as illegal armed formations of the North Caucasian republics within the Russian Federation, which certainly does not give the guarantee of victory in these possible wars. Even if Georgia takes control over the main settlement places of the separatist regions, taking into consideration the mountainous relief of Abkhazia and South Ossetia, there is a great possibility that separatist illegal formations will start the partisan actions and in this case they will be provided with various weapons from Russia.

In the 90s of the last century, it was being discussed the issue – related to the authorizing the military action based on UN Charter, particularly Chapter 7, related to the establishment of peace by international forces. But, the UN involvement in this case is excluded, due to the fact, that it is known there were only two cases when UN forces have been involved in military operations, particularly in Korean peninsula in 50-th and Congo in 60-th of the XX Century. Furthermore, the situation is complicated by the fact that Russia, as a permanent member of the Security Council, will use veto right in case of consideration of the adoption the relevant resolution by the UN Security Council related to the conflicts in Georgia.

The only way to solve the existing conflicts is the economic development of Georgia and the country's integration into the International democratic community. It represents as a great necessity the implementing of the infrastructure projects on those territories of Abkhazia and former South Ossetia Autonomous district, which are under control of Georgian central government (Upper Abkhazia, Liakhvi Gorge, Prone Gorge). Georgia's economic development and creation of a safe and stable environment, which leads to the European and Euro-Atlantic integration, will increase the interests of the inhabitants of Abkhazia and so-called South Ossetia toward Georgia, particularly it will ultimately lead to their participation in various economic projects in exchange for restoring Georgia's territorial integrity. In this regard, we can take the example of Cyprus, where in 2004, during the referendum related to the unification of Cyprus and its EU membership, 64% percent of population of the separatist region of the island – Northern Cyprus, voted in favor of the unification of this country. The main reason for this was the fact, that the central government of Cyprus has achieved considerable economic success, clear confirmation of this is that country joined the EU.

Let`s discuss more deeply each conflict on the territory of Georgia.

Conflict of Abkhazia

Within the centuries, Abkhazia represented one of the Georgia`s principalities. During the existence of the Democratic Republic of Georgia within 1918-1921, Abkhazia had an autonomy in Georgia according to the 107-th article of the constitution of Georgia. In 1921, after occupation of Georgia by Soviet Russia – Abkhazia gained the status of the soviet republic and had federal agreement with Georgia, from 1921 to 1931, along with the changes in the territorial-administrative arrangement of the Soviet Union, the status of Abkhazia was revised. Specifically, On December 16, 1921, it was declared a treaty between Georgia and Abkhazia and on February 19, 1931 Abkhazia become the autonomous republic within Georgian Soviet Socialist Republic.

Soviet Central authorities were always trying to encourage the separatism in Abkhazia. During the disintegration of USSR, the share of ethnic Abkhazians was 17% of the population of Abkhazia and 45% were ethnic Georgians, 36% were representatives of different nationalities. But at the same time, ethnic Abkhazians had all kind of preferences during the appointment at the different public positions. In September of 1991, the elections of the Supreme Soviet of the Autonomous Republic of Abkhazia were held on the basis of the practice, which existed during the Soviet Union. Based on the existed voting legislature, 28 places at the Supreme Soviet received Abkhazians, 26 ethnic Georgians, and 11 the representatives of the various ethnic groups, inhabited in Abkhazia. The absence of the common interests between the Georgian and Abkhazian delegates, as well as the civil war in Georgia created the convenient base for the deepening the conflicts in this region of Georgia. On July 23, 1992 the Supreme Council of Abkhazia – during the absence of Georgian delegates, declared the restoration of the Constitution of Abkhazia of the year 1925, which de-facto meant the separation of Abkhazia from Georgia.

Tensions reached there maximum on August 14, 1992, when the Georgian Armed Forces entered the territory of Abkhazia based on the agreement with the Abkhaz side in order to protect the railway from the diversionist groups, but got the resistance from the formations of the so-called “Abkhazian national guard". The military actions lasted for 1 year and as a result of violations of the ceasefire agreements by separatists for three times under the secret encouragement by the Russian side, Abkhazian and North Caucasus band formations at the end of September of 1993 established control over the almost whole territory of Abkhazia.

Negotiations between Tbilisi and Sukhumi restarted since 1994. Russia and the United Nations were  acting as mediators in the negotiations. The UN Secretary General's Group of Friends (USA, UK, France, Germany, Russia) participated in various negotiations. As it is known, as a result of the  pressure from official kremlin, in the Georgian-Abkhazian conflict zone in 1994, the CIS "peacekeeping forces" were deployed, which in reality consisted only Russian militaries. In reality, those “peacekeepers” are the side of the conflict and continue to support the separatist movement in Abkhazia.

Current situation in Abkhazia

Regardless of the Russian support, Abkhazia can not be considered as a winner in the war against Georgia for a number of reasons, namely:

Despite the fact that the current Abkhaz authorities say that Abkhazia is an independent, sovereign state and it has all the attributes to be characterized for the state, Abkhazia can not be considered as an independent state because no one country has recognized Abkhazia, including Russia;

- It should also be noted that Abkhazia is currently in a vassal attitude towards Russia, which is a clear confirmation of the fact that the Abkhaz de facto president visits Moscow once per month to receive new instructions from the Kremlin leaders. At the same time, Abkhazians are well aware that Russia is using them to carry out its geopolitical aims, and Abkhazia is needed by Russia as a weapon of pressure on Georgia. In addition, senior representatives of the de facto authorities of Abkhazia are in reality appointed by the representatives of Kremlin;

- Abkhazia does not have its own national currency and therefore can not conduct independent monetary policy;

  - Abkhazia can not control almost one third of its territory - Upper Abkhazia (Kodori gorge);

- Abkhazia is in economic isolation and due to economic hardship it is going on the mass migration of  population outside the Republic, especially in Russia. In this regard it should be noted, that despite the fact, that Russia is trying to strengthen the Russian orientation in the Abkhaz population, and it is approved for example by the distributing Russian passports among the inhabitants of Abkhazia, this fact has the opposite outcome, because by the holding Russian passports by the residents of Abkhazia, people will be able to easily enter  on the territory of Russian Federation – where the standards of living is higher than in Abkhazia. This will cause the disappearance of Abkhaz nation in the midterm and long-term perspectives;

- Despite the massive ethnic cleansing of the Georgian population in 1993, Abkhazians are still in the minority within the ethnical composition of the population of Abkhazia. There are no more than about 30% of Abkhazians on the territory of this autonomous republic. Therefore, the main spoken language in Abkhazia is Russian and Abkhazian language in the framework of interpersonal relations is gradually disappearing;

   - There is a very unstable political situation in Abkhazia. In this regard, it is worth to note the tensed inter-ethnic relations. First of all, it is connected with the fact that the Georgian population living in the Gali district is a constant problem for the Abkhazians, and it is also very important to note the tensions between ethnic Armenians and Abkhazians. This is primarily due to the fact that main fields of business are controlled by the Armenians, but at the same time the Abkhazians have  dominant positions in the political sphere. Namely, in the so-called Abkhazian People's Assembly ("Parliament" of Abkhazia) majority places are occupied by Abkhazians. Particularly, in the current period Abkhazians have 25 places within the “Assembly”, which includes in general 35 seats. It’s under conditions, when the number of Abkhaz population is about 45 thousand people. At the same time, Armenians, the number of which exceeds 60 thousand people, are represented in the “Assembly” by 3 Members.  As for Georgians, their number is in the “People's Assembly” is two deputies (about 50 thousand Georgians live in Abkhazia).

The main aspects of the settlement of the conflict in Akhazia

As it was noted, today's settlement of the Georgian-Abkhaz conflict is virtually impossible by the  peaceful negotiations due to radically different opinions on the political status of Abkhazia.

Thus, main way for the problem`s resolution is the Georgia's economic growth in the future, including the significant improvement of the level of living conditions in the Georgian-controlled Upper Abkhazia, the strengthening of the Georgian military forces, as well as the taking into account economic, political and demographic factors.   

In addition, one of the defining factors for renewing negotiations may also be the fact that Abkhaz society is increasingly becoming distrust towards Russia, which is not going to recognize Abkhazia's "independence", and because of Kremlin pressure on Abkhazia during the "presidential elections" in 2004, when for the “voting” in favor of Kremlin candidate, Russia closed the border with Abkhazia and declared against the latter economic blockade.

In case of negotiations renewal, it is necessary that the Georgian side present the specific proposals before the Abkhaz side in order to find mutually compatible options to achieve the broad autonomy of Abkhazia in the united Georgia. In particular, during the negotiations on the political and legal status of Abkhazia, the Georgian side may offer the Abkhaz side the following 

proposals:

- Legal Factors: During the determining the legal status of Abkhazia, it should be based on two basic principles of international law - territorial integrity of the state and self-determination of the nations. Self-determination principle of International law from itself does not mean the necessity of the full independence of the concrete nation, but this principle first of all means the providing political, economic, social, national, religious etc. rights for the each concrete ethnic group within the presented state;

- Parties should get the mutual compromise on such important issues as the restoration of territorial integrity of Georgia and Abkhazia as well. Particularly, instead of the recognition by Abkhazia to be part of Georgia, the administration of Abkhazian autonomous republic should be established over the Upper Abkhazia (Kodori Gorge), which today is under the control of central authorities of Georgia;

- After the restoration of Georgian jurisdiction over the region, there may be a presidential institution in Abkhazia. The president should be Abkhazian by his (her ethnicity) and should be elected by the population of Abkhazia as a result of general elections;

- Abkhazia must have all its national symbols - flag, anthem, constitution of the republic, own  criminal, civil and administrative codes, but those legislatures should not contradict to the constitution of Georgia;

- It is necessary to define the corresponding quota for Abkhazian representatives in the Parliament of Georgia and at the same time the relevant quota of Georgians at the Supreme Soviet of Abkhazia. For this purpose, the elections on the territory of Abkhazia must be conducted by majoritarian principles;

 - Abkhazia's representation in Tbilisi and the Georgian government's representation in Sokhumi should be established;

- Abkhazia should independently determine its administrative-territorial division. As it is known, there are differences in administrative-territorial division in different historical regions within the United Kingdom, where England and Wales are divided into counties, Northern Ireland on Regions and Scotland on provinces.

Economic Aspects of Conflict Resolution:

- Abkhazia should be given the privilege in comparison with other regions of Georgia in terms of tax revenue. A significant portion of the customs revenues received in the Customs Border on the Psou River may be transferred to the Abkhazian budget. As a result of negotiations, the percentage of redistribution of each types of tax should be determined by Georgian and Abkhazian sides. For example, 40% of profit tax will go to central and 60% to the budget of Abkhazia and so on;

- In order to attract investments in the economy of Abkhazia, various economic objects on the autonomous republic should be presented before the potential foreign investors. In this regard, Georgian authorities should, in agreement with the Abkhazian side define the terms of the tender and also the list of entrepreneurial entities that are to be privatized. As well as by which way the  privatization (tender, auction) process should be carried out. In this regard Georgian authorities and diplomatic missions of Georgia accredited abroad should hold active negotiations with companies and commerce chambers of different countries to attract investments in the economy of Abkhazia;

- The largest part of the amounts received from privatization must be transferred to the Abkhazian budget for further social-economic development of Abkhazia;

 - Georgia should maximally advertise before foreign countries the tourist and historic places of Abkhazia;

- Georgian and Abkhaz sides should hold an active negotiation about restoration the railway connection between Abkhazia and the rest part of Georgia, as well as the restoration of air and automobile connections;

- Georgia should implement transfers to restore the infrastructure on the territory of Abkhazia;

  At the same time, only the to the jurisdiction of the central government of Georgia shall be 

included the following areas:

- Foreign Policy and International Relations;

- foreign trade, customs policy;

- state finances, emission of money;

- State defense and security, military forces;

- Legislation on citizenship

Conflict in the former South Ossetian autonomous district  

Autonomous District of South Ossetia was founded under the pressure of Soviet Russia on April 20, 1922. Decision of the Georgian Bolshevik government was absolutely illegitimate. The term "South Ossetia" itself was unacceptable, as the territory known as "South Ossetia" was historically Georgian land – Shida Kartli Region of the country. Ethnic Ossetians (Alans) were historically inhabited in Norther Caucasus, on the territory of historic Ossetia (now North Ossetia). The term “South Ossetia” was introduced in circulation since 30-th of the 19-th Century in one of the Russian newspaper, which was publishing in Caucasus.  

During the independence of Georgia within 1918-1921, Soviet Russia was actively encouraging separatist movement in Tskhinvali district. Since the end of the 1980s, when the national - liberation movement has been widely developed in Georgia, Soviet authorities established separatist organizations on the territory of South Ossetian Autonomous District and Abkhazia. The Ossetian "National Movement", led by the organization "Adamon Nikhas", aimed to establish the so-called "United Ossetia”, with two main parts “South Ossetia” and “North Ossetia” inside of Russian Federation. By 1989, the majority of the population (approximately 65%) in Tskhinvali district were ethnic Ossetians, but only little bit more than 60 thousand lived on the territory of the former autonomous region, when about 100 thousand Ossetians lived in the rest parts of Georgia.

The first demonstrations from the both sides in the district started in fall of 1989, and the first clashes were held in 1990, when the South Ossetian Regional Council announced the foundation of the "Republic of South Ossetia" on September 21, 1990, and later appointed the elections in the “legislative body” of the “new republic”. De-facto, the newly elected (illegally) Supreme Council declared the separation from Georgia. The Supreme Soviet of the Republic of Georgia abolished the illegal decision of the representatives of Tskhinvali district and appealed to refuse the organization of the so-called elections. Despite of this appeal, de-facto authorities of so-called “South Ossetian Soviet Socialist Republic” organized election on December 9, 1990, and after this step, Supreme Soviet of the Republic of Georgia was forced to abolish South Ossetian Autonomous District in December 11, 1990.  

The armed conflict in the regions was developing within the period 1990-1992. In June 1992, under the pressure of official Kremlin, Russia and Georgia signed an agreement about staring the peacekeeping operations in the region with participation of trilateral Georgian-Russian-Ossetian battalion.

At the same time, with participation of OSCE, Joint control commission for the protection the peace was established.

Perspectives of conflict`s resolution in former South Ossetian Autonomous District.  

In comparison with Abkhazia, the settlement of the conflict in "South Ossetia" is a relatively easy task for Georgia due to a number of reasons, namely:

- In comparison with Abkhazia (where Georgia controls only Upper Abkhazia “Zemo Abkhazeti”), in Tskhinvali district Georgia controls about 40% of the territory of former autonomous district, particularly almost whole Akhalgori region, Liakhvi Gorge, Prone Gorge;

- Georgian peacekeeping forces participate in peacekeeping operations on the territory of so-called south Ossetia;

- "South Ossetia" has a much worse geographic situation location than Abkhazia;

- Economy of the Tskhinvali region is in much worse situation that economy of Abkhazia. If Abkhazia can attract some income from tourism sector, the main source of income in the Tskhinvali region is the smuggling, money laundering and other types of illegal activities;

- Military equipment of illegal formations of the Tskhinvali separatist region is much more less that the military resources of Abkhazia;

- In comparison with ethnic Abkhazians, important part of the Ossetian society, including the territory of the former autonomous district supports territorial integrity of Georgia – especially in the Akhalgori regions of the former Autonomous district.

Prospects of conflict settlement:

At the initial stage of conflict settlement, Georgian side should express its readiness to restore the autonomy of the former district and together with Ossetian side define the name of the former South Ossetian Autonomous District;

Instead of the recognition the territorial integrity of Georgia and jurisdiction of Tbilisi over the former South Ossetian autonomous district, jurisdiction of South Ossetia should be spread over the territories of former district, which today are under the control of the Central authorities of Georgia (Akhalgori district, Liakhvi and Frone gorges etc.).

At the same time, Autonomy should be allowed to create its own symbols - flag, symbol etc.

The status of the Autonomous Republic of South Ossetia shall be determined by the Constitutional Law of Georgia;

It is necessary to hold negotiations with the donors, first of all with the EU (which is already implementing various projects in the region) to implement new, first of all infrastructure projects in the region;

The Parliament of Georgia should determine the relevant quota for the representatives of the Tskhinvali district in the legislative body of Georgia;

It should be defined the certain tax benefits for the administration of the Tskhinvali district.

Conclusion and recommendations

One of the main purposes of the research represented the detailed analysis of the conflict on the territories of Georgia, and in this regard it was clearly shown that those conflicts have many similarities and differences. For example, if in case of Abkhazia we can discuss about the separatism, in case of South Ossetia would be better to use the termini “irredentism”, in case of South Ossetia we have the intension of unification South and North Ossetia inside Russia.

At the same time, it should be mentioned that not only conflicts in Georgia, but all those conflicts on the post-soviet space – particularly in the Black Sea Region (Transdniestria, Nagorno-Karabakh, Abkhazia, “South Ossetia”) have main similarity that all of them represent the heritage of Soviet policy. And main reason why today neither Georgia nor Moldova or Azerbaijan are not able to restore their jurisdiction by peaceful means on all those mentioned territories, is aggressive policy of Russia which actively supplied separatist armed formations since the beginning of 1990s with the different kind of military weapons.

One of the main way-out of the situation is interrelated with the following factors: To increase the international pressure to Russia for the changing the attitude of separatist region; democratization of 

Russia which particularly will decrease imperialist policy.

At the same time main guarantee of the conflict resolution process is to interrelate with internal, political and social development of the states where separatist regions exist, for example, in case of conflict of Georgia if the country is successful in the implementation of economic and democratic reforms. More democratized and economically developed Georgia will be more attractive for inhabitants of the occupied region and interest of inhabitants of Abkhazia and Tskhinvali region to be integrated within Georgia will significantly and it will create convenient base for the de-occupation of the country and restoration of territorial integrity by peaceful means.

In general, it should be also declared, that in case of conflicts in Georgia the both regions - Abkhazia and so called “South Ossetia” historically were parts of Georgia or Georgian kingdoms and principalities.