Conflict of the Tskhinvali Region and the involvement of UN and the Regional
Organizations
Nino Makhauri
Tbilisi, Georgia, 2015
1
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 ................................................................................................................................................... 9
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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 5th 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;
http://reliefweb.int/report/georgia/background-six-point-peace-plan-georgia-russia-conflict <last visited 5 May,
2015>
3
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:http://www.parlementairemonitor.nl/9353000/1/j9tvgajcovz8izf_j9vvij5epmj1ey0/vjeaocpwr5xn?ctx=vgaxl
cr0e01t&tab=1&start_tab0=60 <last visited 5 May, 2015>
4
http://www.diploweb.com/EUMM-Georgia-the-European-Union.html <last visited 5 May, 2015>
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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 2011. 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
http://www.voanews.com/content/rural-berlin-walls-cuts-communities-5-years-after-russia-georgiawar/1727897.html <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
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
http://www.theguardian.com/world/2013/oct/23/russia-borderisation-barricades-erected-georgia-eu <last visited 5
May, 2015>
8
ibid
9
ibid
10
http://www.radiotavisupleba.ge/content/mavtulxlartebi-konfliqtis-zonashi/24926427.html <last visited 5 May
2015>
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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.2008
“Moscow Demands Annulment of Law of Georgia on Occupied Territories” Tabula June 6, 2013
13
“Moscow Demands Annulment of Law of Georgia on Occupied Territories” Tabula June 6, 2013
14
“Violation of Human Rights on Georgia’s occupied territories” “Coalition For Justice” report, 2011, p. 9
12
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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
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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.11
Conflict prevention and resolution: http://www.osce.org/what/conflict-prevention <last visited 5 May, 2015>
19
http://www.eumm.eu/en/about_eumm/mandate <last visited 5 May, 2015>
20
http://www.eumm.eu/en/about_eumm/mandate <last visited 5 May, 2015>
18
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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.
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