Categories
Journalistic Survey
Articles
Reportage
Analitic
Photo Reportage
Exclusive
Interview
Foreign Media about Georgia
Editorial
Position
Reader's opinion
Blog
Themes
Children's Rights
Women's Rights
Justice
Refugees/IDPs
Minorities
Media
Army
Health
Corruption
Elections
Education
Penitentiary
Religion
Others

Now “No Chance” to Negotiate with Ossetians and Abkhazians

October 8, 2008

Nona Suvarian, Tbilisi

“The International Community is not in then position to demand the republics, which were declared independent by Russia, to return the Kodori Gorge (Abkhazia region) or Akhalgori districts (South Ossetia) that had been till the August under Georgian jurisdiction. Nothing can be achieved in this direction just because the international community does not officially recognize them as independent states. De-facto Abkhazia and de-facto Ossetia do not exist for Europe. In the meantime they negotiate their fate with Russia. The Russia Federation takes the position that the international community must not negotiate with it over immediate concerns but to open talks with the de-fact countries. In doing so Russia attempts s to legitimate the authorities of both Abkhazia and South Ossetia, and it is as if they have somehow become members of the international community,” said Giorgi Khutsishvili, an expert in conflict studies.

Since October 1 the Organization for Security and Cooperation in Europe, OSCE’s observation mission has started patrolling in so called buffer zones. Monitors of the mission have already observed the current situation in several villages in Akhalgori district. They have also entered Znauri district in the Tskhinvali region. However, OSCE mission claims that they are authorized to patrol only in the zone of 12 kilometers, which equals the distance between the villages of Kvenatkotsa and Kvemo Okona in the Kareli district. The OSCE mission has already started patrolling in the Samegrelo region. They are also deployed in the villages of Ganmukhuri, Khurcha and Chkhorutsku.

According to Sarkozi-Medvedev agreement Russian occupants should leave Georgian territory prior to October 10. However, Russia does not appear to have any intention of leaving Georgia. Furthermore, Russia recognized so-called South Ossetia and Abkhazia as independent countries. The latter de-facto states have added some new territories that were not previously under their control.

Although on October 3 Europe unilaterally demonstrated its position in terms of its stand over Georgian territorial integrity in the resolution before the Council of Europe, Giorgi Khutsishvili assesses that it will not be enough. He stated that de-jure and de-facto statements of these territories should be clarified according to accepted standards and norms of international law.

Giorgi Khutsishvili: “These territories are currently de-facto and ruled by such an authority that cannot be influence by international law. The Russia Federation continues to take advantage of the lame argument that it has already recognized the independence of the so called newly independent countries of South Ossetia and Abkhazia.

Russia now intends to continue to develop a two-side relationship. In the meantime, however, they already have the plan for close military cooperation. Russia acts according to these decisions in the de-facto new territories. In other words, Russia considers that international law cannot prevent them from similar activities and enjoys theis advantage.”

Giorgi Khutsishvili claims that corresponding decision should be decided by international organizations in order to prevent Russia from acting in such a fashion.  However, so far they have not been able to act to prevent this – and their statements- “we do not recognize these territories”-is no long enough in itself.”

“If we look through the resolution of the Parliamentary Assembly of the Council of Europe, which was passed on October 3, we will see that there is no threat for Russia in it. For example, what will happen if Russia ignores the requests of Europe and continues as it has done thus far? The consequences are unclear as there are no effective mechanisms envisaged within the resolution. All what is on paper appears to look like formal warning but without any sanctions to back it up. In fact, Europe does not adequately react to Russia’s activities. It is just the opposite, as they continue negotiating with Russian on a range of different issues. For example, they call upon each other not to isolate Russia. Moreover, they make it clear that the various countries should not threaten on-going negotiations with Russia and following existing economic agreements. Russia takes advantage of its position and this creates problems for even the OSCE mission in Georgia.”

Expert Zurab Abashidze points out that after the war the situation has drastically changed in its overall character. Prior to the war starting on August 7, 2008 the Russian Federation continued to recognize the territorial integrity of Georgia. However, in the aftermath of the war Russia quickly recognized the independence of so called South Ossetia and Abkhazia. The result is that we now have de-jure complications in addition to previous existing de-facto difficulties and now we are no longer in the position to ‘bargain’ over anything.

“We now encounter all kinds of complications because of this recognition. Georgia, European Union and the Russian Federation now understand things from very different perspectives when it comes to these territories, which have been joined by the de-facto presidents of the so-called South Ossetia and Abkhazia.”

However, he thinks that Georgia would not properly act in showing its appreciation if it would demand for Europe to do more for us than what it is already doing.

“We are exaggerating our demands and complaints about Europe. Have we done anything valuable for Europe in order to request such a great favor to our country? In August-September Georgia was supported by all of Wester Europe. Sarkozi arrived here twice; George Bush made 17 statements in support of Georgia.  They have allocated such a large humanitarian aid effort and now they are planning an enormous package of economic assistance. 300 observers arrived here to take part in monitoring activities.  It was difficult for Europe to reach such a decision, especially considering that they decided things on such short notice. This was a first for them in making such a quick decision.”

According to Giorgi Khutsishvili international community cannot demand the republics, which were declared independent by Russia, to return the Kodori Gorge (Upper Abkhazia) or Akhalgori districts to Georgian jurisdiction just because the international community does not want to recognize them as independent states. De-facto Abkhazia and de-facto Ossetia do not exist for Europe so the latter now negotiates with Russia. Russia in the meantime suggests that they no begin talks with it but with de-fact states instead. In doing so Russia tries to legitimate the authorities of Abkhazia and South Ossetia so that they can act as if they have actually entered the international community.

Finally, as a result of either the weakness of international law or the injustice of the Russian Federation, Georgia has lost territories that were under its legal jurisdiction just two months before. Georgia will not be able manage the return of those territories when Russia withdraws our country according to the current agreement.

Giorgi Khutsishvili: “Russia is not obligated to leave, as in the case of the Kodori Gorge before October 15. Abkhazia now has full control of the valley; thus Abkhazian armed forces should leave it before October 15. In fact, restored Georgian authority has now been replaced by Abkhazian jurisdiction. Russians state they have not occupied Kodori valley but it is Abkhazians that restored their jurisdiction and that Abkhazia is now an independent country. The same is situation holds true for the Tskhinvali region. The whole territory that was previously controlled by Dimitry Sanakoev, the alternative president supported by Tbilisi, is now controlled by Kokoiti and he has now deployed his armed forces everywhere in South Ossetia.”

Zurab Abashidze pointed out that it would be very difficult for us to renew the negotiations about territorial integrity because we have the format of dialogues with neither Ossetian nor Abkhazian peoples. We have split all links with both of them. Abkhazians and Ossetians will not agree to being involved negotiations for the solve purpose of having their independence recognized.

News