Conflict of the Tskhinvali Region and the involvement of UN and the Regional Organizations

Transcription

1 Conflict of the Tskhinvali Region and the involvement of UN and the Regional Organizations Nino Makhauri Tbilisi, Georgia,

2 Table of Contents Introduction... 3 General overview of Rural Berlin Wall... 5 Georgia s Government Up Against Russian Aggression... 6 UN and Regional Organizations Peacemaking... 8 Conclusion

3 Introduction Today we live in a world of freedom and equality, where all countries interests should be protected by international law and numerous conventions guaranteeing these values. Historical basis of today s international system is very vast; developing from the precious moment the great thinkers of Europe realized that the states interests were the most important issue in politics, not divine intervention. Since then, the mankind created declarations about the rights of a man, strengthening the rights of equality, freedom, property and prosperity. Positive inner changes have become one of the basic factors in making relations between states much more flexible and softer. On the other hand, negative facts, e.g. two world wars and the Cold War also contributed in peaceful changes. Affected by the loss caused by cold terms among states, the world became more willing to change in a positive way. Since then, states adopted bunch of the conventions in order to thaw relations. So, the international system we have nowadays based on the principle that all countries are equal and free to make their own choices, has got a very rich historical background. However, the system is not perfect. First of all, I want to emphasize that all systems or regimes, even the best ones, have got their own flaws and today s international system is not an exception. All we have reached through the ages is great but not enough. All laws and conventions don t mean the end of lawlessness and world has got a lot work to do in this field. The conflict areas in other regions of the world are the obvious examples of abovementioned flaws. The subject of my essay is a conflict area in Georgia, namely in Tskhinvali region which started not very long ago. Specifically, the argument was raised after the 5-days war of 2008 among Russia and Georgia. After the 5 th day the Russians attacked Georgia, Russian President Medvedev and his French vis-à-vis Nicolas Sarkozy reached a 6- point agreement, under the supervision of EU. Shortly, it was ratified by Georgian president Mikheil Saakashvili, which ended the war. 1 However, the agreement wasn t respected by Russian side, so as in 2011, under the directions from Kremlin Russian soldiers, called peacemakers by the 6-point plan, started to 1 Six Point Peace Plan Documented by the Government of Georgia, 2008; <last visited 5 May, 2015> 3

4 build barricades and barbed-wires on Georgian territory, so that more than 50 villages were captured, the civilians forced to leave their own houses. 2 In some places, the barbed wires divided villages in two, cut off water reservoirs and plots, even cemeteries from the villages. The reaction to those facts was immediate from international organizations, but Russian government ignored them all. The EU firmly condemns the erection of fences and barriers on Georgia s internal administrative boundaries, in breach of the 2008 ceasefire agreements -said José Manuel Barroso, former president of the European Commission. 3 After this occasion, EU and NATO relations became obviously colder. EU and OSCE started humanitarian aid mission in Georgia. 4 Unfortunately, nowadays EUMM (European Union Monitoring Mission) is the only international organization which remains active in the region. As for the others, none of them can truly make Peacemaking efforts because of the refusal of Russia and so called South Ossetia administration to cooperate. The fate of civilians and thus, the fate of Georgia are still unknown. Russia still doesn t want to respect the sovereignty of the neighbor. Can Georgia and international society together in the frame of the international law, make any progress? Since I am Georgian, this issue is pivotal one for me. I was a witness of 2008 war and experienced its brutality. I witnessed the occupation of my own land, which does not have any excuse at all not juristically, not historically, not ethically. 2 Submission from the Georgian Young Lawyers Association (GYLA),National Institute for Human Rights (NIHR) and Human Rights Priority for consideration at the 113th Session of the Human Rights Committee (16 March 2 April 2015)Russian Federation; Russia s responsibility for human rights in occupied regions of Georgia, 2015, p. 5 3 Statement by President Barroso following his meeting with the President of Georgia, Mikheil Saakashvili, European Commission, press point/brussels, 29 October, 2013; Verklaring Barroso na ontmoeting met president van Georgië: cr0e01t&tab=1&start_tab0=60 <last visited 5 May, 2015> 4 <last visited 5 May, 2015> 4

5 General overview of Rural Berlin Wall The Russian occupation in Tskhinvali region is widely disputed issue. In media the barbed wires in Georgia were called Rural Berlin Wall 5 and to be fair, this comparison is very well made. The lives of the civilians of those times Berliners and Georgians do resemble a lot. The detailed information I give later, will make this comparison clearer. The borderline that crosses Georgian territory was begun to built in Russian soldiers begin borderisation on the very places the Russian troops stopped during the 5-days war. As a result, the territory of Akhalgori, the part of Gori Municipality of Georgia is occupied by Russian troops. More than 50 villages are now out of the actual governance of Georgia. Moreover, later several new villages such as Khurvaleti, GuGutiantkari, Ditsi and Dvani were occupied by Russian troops. People were forced to leave their houses, take their property with them and make themselves refugees in their own land. 6 In Dvani case, the borderline divided the village in two, separating neighbors and relatives from one another. What is worse, the shifting occupation is accompanied by permanent capture of the civilians by Russians and Ossetians. They aren t allowed to cross the borderline not even for bringing water from the water reservoirs or farm orchards now located beyond the fence. "They told us that if we continue to farm our orchard, we'll be taken to Tskhinvali and put in prison," said Tina Bidzinashvili about the border guards, who put up the barbed wire fence that has cut 5 <last visited 5 May, 2015> 6 Submission from the Georgian Young Lawyers Association (GYLA),National Institute for Human Rights (NIHR) and Human Rights Priority for consideration at the 113th Session of the Human Rights Committee (16 March 2 April 2015)Russian Federation; Russia s responsibility for human rights in occupied regions of Georgia, 2015, p. 5 5

6 off her orchard from her house. "They said the only option is if we enter South Ossetia through a legally recognized checkpoint." 7 But the nearest checkpoint is miles away and difficult to cross. Getting to her own back garden would entail Bidzinashvili making a six-hour round trip each day. The house itself is uninhabitable it was bombed during the war, and the family are living six to a room in the former local school, now a shelter for people who lost their homes. Their last hope was the orchard, and now that has gone too. 8 The de facto border only has two checkpoints. Many villagers who've found themselves fenced in on the so called South Ossetian side are forced to cross "illegally" to access schools, jobs, healthcare and relatives in Georgia. 9 In Gugutiantkari, the school and cemetery was left beyond the fence. Also, the resident Davit Vanishvili was arrested just because we left house and came into his yard. The reason was simple: his yard was now in de-facto south Ossetia s borders after Russians and Ossetians shifted the barbed wire several meters further to the south. 10 These examples are just a small part of the whole story. People in these territories suffer unbearable living conditions. One day they find themselves living not on their territory but on so called South Ossetia s de-facto administration s controlled zone. Georgia s Government Up Against Russian Aggression In October 23, 2008 Georgian government adopted The Law of Georgia on Occupied Territories. According to the law, foreign citizens should only enter the two occupied regions upon Georgia s consent. The law specifies that in case of Abkhazia the entry should be carried 7 <last visited 5 May, 2015> 8 ibid 9 ibid 10 <last visited 5 May 2015> 6

7 out from the Zugdidi district and in case of so called South Ossetia - from the Gori district. The major road leading to South Ossetia from the rest of Georgia passes through the Gori district. The law bans any economic activities in those regions if such activities require permits, licenses or registration according to Georgian legislation. The law provides that the Russian Federation the state, which has carried out military occupation is fully responsible for the violation of human rights in Abkhazia and South Ossetia. The Russian Federation, according to the document, is also responsible for compensation of material and moral damage inflicted on Georgian citizens, stateless persons and foreign citizens, who are in Georgia and enter the occupied territories with appropriate permits. 11 The Law received negative reaction from Russian government. The deputy of foreign minister Gregory Karasin demanded to abolish the law: "The main threat for our tourists is the criminal prosecution which they face for visiting South Ossetia and Abkhazia; even for visiting for the second time as it is envisaged by an amendment to the Law. We deem the annulment of this Law as the only right solution -he declared. 12 In response to Karasin's statement, the deputy foreign affairs minister of Georgia, Tamar Beruchashvili, said "Georgia's foreign office does not receive instructions from Mr. Karasin." According to her, the Georgian government decides what type of law to adopt and what steps to take towards the occupied territories. 13 From 2011 until today Russia permanently increases number of military forces and mobilizes military technique. On 28 September, 2011 Russian and so Georgia s breakaway regions defacto parliaments adopted the agreement About the Russian military bases location on the territories of Abkhazia and South Ossetia 14 This fact meant a lot, especially after the recognition of Abkhazia s and south Ossetia s independence by Russia. This agreement not only violated the sovereignty of Georgia once more and the general principles of international law, but also threatened Georgia s security. 11 The Law of Georgia on Occupied Territories, 23 oct Moscow Demands Annulment of Law of Georgia on Occupied Territories Tabula June 6, Moscow Demands Annulment of Law of Georgia on Occupied Territories Tabula June 6, Violation of Human Rights on Georgia s occupied territories Coalition For Justice report, 2011, p. 9 7

8 One of major problems is systematic passportization of the people living in occupied territories. The newest reports show that Russians started passportization in Akhalgori region. 15 This process entails a big danger to Akhalgori and generally to Georgia, because we know from our historical experience that passportization is a way of making excuses by Russia to interfere in other countries affairs. Today, Georgia and Russia do not have direct official diplomatic relations to the exclusion of Karasin-Abashidze meetings. Until today, Georgia s and Russia s officials haven t met yet at higher level. On Karasin-Abashidze meetings political problems aren t allowed to discuss because of Russia s refusal. The only way for Georgia to respond somehow to all these dangers is to call the West to support her. Georgia s all hopes lies in international involvement. The next chapter is devoted to this issue. UN and Regional Organizations Peacemaking From the moment of start the war, Georgia had an international support. This tendency carried on afterwards. UN, EU, OSCE, NATO, European Commission condemned the recognition Georgia s breakaway regions independence. They all stated that Russia s actions were nothing but an occupation. EU officials declared many times that Russian occupation was the brutal violation of fundamental international principles. So did NATO, UN as well as many officials of Western and US governments. 16 From 2009 until now, the negotiations are held in Geneva about this conflict under the supervision of EU, OSCE and UN. Participants are Georgia, Russia, US and the sides from Abkhazia s and South Ossetia s de-facto governments. In Geneva Discussion format, there are two working groups each with a particular intention. One of them intends to lead in the international militia in the occupied regions and the other is oriented on humanitarian aid 15 Human Rights in the Occupied Territories of Georgia, OSCE Review Conference - Human Dimension Session Warsaw, 30 September - 8 October 2010 Working Session 6, 18 October 2010 p.3 16 Violation of Human Rights on Georgia s occupied territories Coalition For Justice report, 2011,p.11 8

9 mission, which includes refugees return to their houses. 17 The Chairmen of UN, EU, OSCE have been making efforts to negotiate with de facto administration in Tskhinvali but no positive changes were made. 18 Unfortunately, nowadays the only remaining active international organization in region is EUMM, which priorities are: a) to take efforts in order to avoid any type of military actions; b) to regain trust among two people; c) to monitor the situation in the conflict area and if necessary, inform the officials. 19 EUMM has got the mandate on all over the territory, but Ossetians and Russia s government don t allow them to work in their controlled territories. 20 We have got very interesting issue: what we, Georgia and international organization can achieve together? What else is to do, as the current measures are not enough? It s unquestionable that we should try to regain our territorial integrity in a peaceful way. It s unquestionable we should cooperate together peacefully and work hard to prevent any escalation in conflict area. Also, it has pivotal importance to make a firm the non-recognize policy; to ensure the rights of the civilians in the conflict area; to regain trust among people. Conclusion The essay represents the analyses of the situation in Georgia, specifically in Tskhinvali region. The conflict is widely known and disputed, and has much more importance for Georgians. The essay provides the information about the conflict basis, Georgian government s efforts to protect territorial integrity and dignity, as well Russian government s aggressive intentions towards the neighboring country. This essay also represents international involvement and stresses out that a lot has been done but still there is a lot to do. In the final chapter there is a little list of to do work, which I think, would help to reach the goal. At the background of Russia s aggression 17 Violation of Human Rights on Georgia s occupied territories Coalition For Justice report, 2011, p Conflict prevention and resolution: <last visited 5 May, 2015> 19 <last visited 5 May, 2015> 20 <last visited 5 May, 2015> 9

10 which threatens not only Georgia and a region, but also the peace of the world, we, the international society, should strengthen our connections and devotion to achieve the main goal. 10