Occupied territories of Georgia (also known as Russian-occupied territories) are the territories which have been designated as occupied territories by the Government of Georgia and a major part of international community. Currently the designation refers to Abkhazia and South Ossetia. 20% of Georgia's internationally recognized territory is considered to be under Russian military occupation.[1]
After the Russia–Georgia war, on 26 August 2008, the Russian president Dmitry Medvedev signed decrees recognising the independence of Abkhazia and South Ossetia as sovereign states. Russia established diplomatic relations with these partially recognized states and placed Russian troops in both Abkhazia and South Ossetia. Russian security forces were deployed along the demarcation lines with Georgia.
The Georgian parliament unanimously passed a resolution on 28 August 2008 formally declaring Abkhazia and South Ossetia Russian-occupied territories, and calling Russian troops occupying forces.[2] In April of 2010, the Georgian parliament’s foreign affairs committee appealed to legislative bodies of 31 countries, asking to declare Georgia’s two regions Abkhazia and South Ossetia as territories under Russian occupation and to recognize that the massive displacement of civilians from those regions by Russia amounts to ethnic cleansing.[3]
Law
In late October 2008, president Mikheil Saakashvili signed into law legislation on the occupied territories passed by the Georgian Parliament. The law covers the breakaway regions of Abkhazia and the territory of former South Ossetian Autonomous Oblast.[4] In 2013, the amendments were made to the law on Occupied Territories of Georgia. Violating this law first time will entail administrative sanctions, not criminal persecution and imprisonment as it was before. According to the amendments if a person crosses the border illegally first time he/she is fined for GEL 400 only while repeated violation is still a criminal offense posing up to 1 year of imprisonment or minimum GEL 800 fine.[5]
Reports emerged that the actor Gérard Depardieu would be investigated by Georgian authorities for law violation. Georgian Government representative said that "Depardieu visited Abkhazia’s capital, Sukhumi, and met with the region's separatist leadership on July 1 without preliminary consultations with Tbilisi."[6]
Overview
According to this law the term “the occupied territories and territorial waters” or “The Occupied Territories” covers the territories of the Autonomous Republic of Abkhazia, Tskhinvali Region (territory of the former South Ossetia Autonomous Region) and waters in the Black Sea located in the aquatic territory of the Black Sea, along Georgia’s state border with the Russian Federation, to the South of the Psou river, up to the administrative border at the estuary of the Engury River. The term also covers the air space over the aforementioned territories.
The law spells out restrictions on free movement and economic activity in the territories. In particular, according to the law, foreign citizens should enter the two breakaway regions only from Georgia. Entry into Abkhazia should be carried out from the Zugdidi District and into South Ossetia from the Gori District. The major road leading to South Ossetia from the rest of Georgia passes through the Gori District. The major road leading to Abkhazia from the rest of Georgia passes through the Zugdidi District.
The legislation also lists special cases in which entry into the breakaway regions will not be regarded as illegal. It stipulates that a special permit on entry into the breakaway regions can be issued if the trip there "serves Georgia’s state interests; peaceful resolution of the conflict; de-occupation or humanitarian purposes." Also the citizens of foreign countries and persons without citizenship having entered Georgia from Russian side through Abkhazia and South Ossetia who seek asylum in the country aren't subject to the punishment.
Any economic activity (entrepreneurial or non-entrepreneurial) is prohibited regardless whether or not it is implemented for receiving profit, income or compensation, if under the laws of Georgia ‘On Licenses and Permits’, ‘On Entrepreneurs’, ‘On Bee-Farming’, ‘On Museums’, ‘On Water’, ‘On Civil Registry’, ‘On Electronic Communications’, the Maritime Code of Georgia or the Civil Code of Georgia, such activity requires a license, permit, authorization or registration or if, under the Georgian legislation, such activity requires an agreement but it has not been granted. Any transaction related to real estate property and concluded in violation of the Georgian law is deemed void from the moment of conclusion and does not give rise to any legal consequences.
The law prohibits international air traffic and maritime traffic (except for the cases defined in the UN Convention on Maritime Law of 1982), railway traffic and international automobile transportation of cargo. The law also prohibits the use of national resources and organization of cash transfer. The provision covering economic activities is retroactive, going back to 1990.
The law says 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.
The law also says that de facto state agencies and officials operating in the occupied territories are regarded by Georgia as illegal. The law will remain in force until "full restoration of the jurisdiction of Georgia."[7]
International support
Belarus
Belarus advised its citizens to abide by Georgian laws when travelling to Abkhazia and South Ossetia. The Foreign Ministry of Belarus stated that Belarusians should only use entrance points on the Georgian side.[8] Russian Deputy Foreign Minister Grigory Karasin said that the recommendation of Belarusian Government was “strange”.[9]
Azerbaijan
The Ministry of Foreign Affairs of Azerbaijan issued a statement in which it called on the citizens of Azerbaijan to refrain from traveling to Abkhazia and South Ossetia without permission of Georgian authorities and warned that these trips were considered illegal and the travelers would be punished accordingly. The Ministry also referred to these territories as "territories that are out of control of its Government."[10]
Ukraine
In connection with the adoption of the Georgian law on the occupied territories, Foreign Ministry of Ukraine has advised their citizens to fulfill the provision of international law and refuse to cross the border from Russian side.[11][12]
Russian position
Russia claims, that "Abkhazia and South Ossetia are not occupied territories, but independent States."[13] The Russian Federation also holds that "it does not at present, nor will it in the future, exercise effective control over South Ossetia or Abkhazia" and that "it was not an occupying power". It also noted that “despite having crossed into the territory of Georgia in the course of the conflict, Russia was not an occupying power in terms of IHL.” According to Russia, "the number of Russian troops stationed in South Ossetia and Abkhazia (3,700 and 3,750 servicemen respectively) does not allow Russia in practice to establish effective control over these territories which total 12 500 sq. kilometers in size."[14]
Criticism of Russian claims
Contrary to Russian claims, the report prepared by the National Committee on American Foreign Policy and the Institute for the Study of Human Rights, raised concerns that Russia "not only failed to withdraw, it expanded territory under its control beyond the pre-war conflict zones" and Russia "established a troop presence in 51 villages it did not control before the war and conducted military patrols on territory it did not previously hold".[15] The report also describes current Russian military presence in Abkhazia and South Ossetia in the following paragraph:
"Russia also deployed new weapons systems, such as attack helicopters and tanks where they did not exist before the war. By October 2010, Abkhazia and South Ossetia became host to “Smerch” type offensive rockets, “Tochka-U,” and S-21, a tactical rocket that can carry nuclear, cluster, or chemical agents up to 150 kilometers. S-300 surface to air missiles were based in Abkhazia. Russia signed 49-year lease agreements with automatic 5-year renewals in Gudauta and Tskhinvali. Russia has built 5 permanent military bases in South Ossetia manned by approximately 5,000 security personnel. Another 5,000 are based in Abkhazia. Both deployments include regular army troops, border guards and FSB personnel. Russia’s Ministry of Defense revamped its military command in the North Caucasus, linking it to Russian forces in Georgia."[15]
Recent developments
Reports started to emerge from 2011 that Russian troops in cooperation with the South Ossetian authority forces, started erecting high coils of razor or barbed wires to divide the South Ossetian territory from the rest of Georgia and setting the administrative boundary lines as the state boundaries. Barbed wires run across villagers’ gardens and other objects of civilian usage. In some instances, garden proprietors could not access their plots or come out of their homes because the boundary of barbed wire ran around their property.[16] According to Georgia’s Interior Ministry, there was no fencing activities at the administrative border of Georgia’s other breakaway region of Abkhazia, where the Enguri river serves as "a natural dividing line" and Russian troops there "were blocking the pathways to prevent ‘illegal’ movement across the administrative boundary line."[17]
The process of border demarcation continued in 2013. The new border extends between 50-300 meters beyond the occupation line.[18] Border ran through several Georgian villages, effectively separating people from their farmland, ancestral homes, and cemeteries. Russian authorities have remained tight-lipped about the developments, claiming only that "South Ossetia was marking out its true territorial boundaries" in line with maps from the Soviet-era, when the province was an autonomous region within the Georgian Soviet Socialist Republic. The Russian Foreign Ministry also dismissed Tbilisi's claim that the boundary line was being shifted further into Georgia proper and warned of "serious consequences" if Tbilisi continued what it described as "political speculation."[19] Sergey Lavrov has declared that fences across South Ossetia will no longer be needed after “hotheads cool down.”[20]
Russian Foreign Ministry has recently asked Georgia to abolish the law on the Occupied Territories of Georgia.[21]
In early 2014, it was announced that swathe of Abkhazian territory would be included in part of the large "security zone" being set up in advance of the Winter Olympics in Sochi, Russia. In a period between January 20 and March 21, anyone entering the zone has to produce documents to police. A stationary checkpoint was established at the village of Bagripshi in Gagra district on the edge of the 11 km (seven miles) zone, which is manned by officers from the Abkhaz security service, interior ministry and migration service.[22][23] The Georgian government expressed "deep concern" over the "illegal expansion".[24] NATO criticized Russia on February 5 for expanding its border deeper into Georgia's Abkhazia region, a move Moscow has portrayed as a temporary step to expand a security zone around the Sochi Winter Olympics. "We have noted the recent decision to temporarily extend the so-called border zone of Abkhazia further into Georgian territory without the Georgian government's consent," NATO Secretary General Anders Fogh Rasmussen said. "We are very concerned about that decision," he told a news conference in Brussels.[25]
International position
Lithuania
The first country to recognise Abkhazia and South Ossetia as the territories under Russian military occupation, was Lithuania. The Lithuanian Seimas adopted a resolution in June 2010 condemning Russian aggression and occupation of Georgian territories.[26][27]
France
French Foreign Minister Bernard Kouchner said during a visit to Tbilisi in July 2010 that "Abkhazia and South Ossetia are integral parts of Georgia and Russia should withdraw its troops from those territories." He also said that "the term "occupation" cannot solve the problems between Georgia and Russia" while answering questions from journalists.[28][29]
EU
A document adopted by the European Parliament in March 2011 condemned Russian military presence in Abkhazia and South Ossetia, calling it "non-mandated presence of the Russian military troops in the occupied regions of Georgia". The document also mentions ethnic cleansing of Georgians, non-fulfillment of the ceasefire agreement of August 12, 2008, and talks about the necessity to get in place peace keeping forces in Abkhazia and South Ossetia.[30]
In October 2011, in an official European Parliament document, in a report about Georgia, Georgia’s regions of Abkhazia and South Ossetia (Tskhinvali region) were called occupied territories. Russian recognition of those regions and Russian military presence in both Abkhazia and South Ossetia was criticised.[31]
On 17 November 2011, European Parliament passed the resolution where Abkhazia and South Ossetia were recognized as occupied territories. The resolution noted that Russia continued "to occupy the Georgian regions of Abkhazia and the Tskhinvali region/ South Ossetia, in violation of the fundamental norms and principles of international law; whereas ethnic cleansing and forcible demographic changes have taken place in the areas under the effective control of the occupying force, which bears the responsibility for human rights violations in these areas;" The resolution asks Russia to live up to the ceasefire agreement signed in 2008 and to guarantee EUMM full unlimited access to Abkhazia and South Ossetia. The resolution also called on Russia "to reverse its recognition of the separation of the Georgian regions of Abkhazia and the Tskhinvali region/ South Ossetia, to end the occupation of those Georgian territories and to fully respect the sovereignty and territorial integrity of Georgia as well as the inviolability of its internationally-recognised borders as provided for by international law, the UN Charter, the Final Act of the Helsinki Conference on Security and Cooperation in Europe and the relevant United Nations Security Council resolutions."[32]
In November 2013, European Commission mentioned the term "occupied territories" in the report to describe Abkhazia and South Ossetia.[33]
OSCE
The Organization for Security and Co-operation in Europe Parliamentary Assembly passed a resolution at its annual session in Monaco on 9 July of 2012, supporting Georgia and referring to breakaway Abkhazia and South Ossetia as Occupied Territories. The resolution urges “the Government and the Parliament of the Russian Federation, as well as the de facto authorities of Abkhazia, Georgia and South Ossetia, Georgia, to allow the European Union Monitoring Mission unimpeded access to the occupied territories.” It also says that the OSCE Parliamentary Assembly is “concerned about the humanitarian situation of the displaced persons both in Georgia and in the occupied territories of Abkhazia, Georgia and South Ossetia, Georgia, as well as the denial of the right of return to their places of living.”
Russian Foreign Ministry reacted harshly, saying that "the majority of deputies in the Assembly (parliamentary Assembly of the OSCE) once again don't wish to objectively accept the realities of the situation today in the Caucasus."[34][35][36]
United States
Secretary of State Hillary Clinton asserted that Russia is occupying parts of Georgia and building permanent military bases in contravention of the truce during a visit to Tbilisi in 2010. According to Russian news agencies, then Prime Minister of Russia Vladimir Putin commented on this statement, saying that "They [Georgians] mustn't seek solutions outside," and "It's necessary to conduct a dialogue without citing third parties."[37][38]
In December 2010, the U.S. Senate discussed a resolution called ‘Resolution on Occupation’. It was prepared by Jean Shaheen, representative from New Hampshire. The draft expressed support for Georgia’s territorial integrity and recognition of Abkhazia and South Ossetia as ‘regions occupied by the Russian Federation.’[39] In July 2011 the U.S. Senate unanimously approved a resolution introduced by U.S. Senators Jeanne Shaheen (D-NH) and Lindsey Graham (R-SC) affirming U.S. support for the sovereignty, independence, and territorial integrity of the country of Georgia and calling upon Russia to remove its occupying forces from Abkhazia and South Ossetia. The resolution also says that the Senate affirms “that finding a peaceful resolution to the conflict is a key priority for the United States in the Caucasus region and that lasting regional stability can only be achieved through peaceful means and long-term diplomatic and political dialogue between all parties”.[40][41] The U.S. senator Lindsey Graham said that “Russia’s invasion of Georgian land in 2008 was an act of aggression not only to Georgia, but to all new democracies.”[40] Russian Foreign Ministry criticised a U.S. resolution, saying that it was "no more than PR move". Russia also said that the resolution encouraged Georgia's "revanchist sentiments."[42]
On 4 March, 2011, U.S. Assistant Secretary of State for European and Eurasian Affairs, Philip H. Gordon, said that use of term 'occupied' by Washington in reference to Abkhazia and South Ossetia was not meant to be a "provocation", but "simply description of situation on the ground."[43]
In October 2013, US State Department spokeswoman Marie Harf denounced the erection of fences and other physical barriers by Russian security forces "along the administrative boundary lines of the occupied territories in Georgia".[44]
In November 2013, US Ambassador Richard S. Williamson published an article about Georgia where he referred to Russian presence in Abkhazia and South Ossetia as "illegal occupation of Abkhazia and South Ossetia".[45]
NATO
In November 2010, NATO Parliamentary Assembly adopted a resolution containing the terms ‘occupied territories’ and ‘ethnic cleansing’ referring to Russian military presence and actions in Abkhazia and South Ossetia. NATO parliamentarians urged Russia "to reverse the results of ethnic cleansing" and allow the safe and dignified return of all internally displaced persons to their homes. The Resolution condemned the tightening by Russian FSB Border Troops of procedures for crossing the Administrative Border Line, enhancement of Russia's military presence on the occupied territories as well as Russia's blocking of the extension of the OSCE and UN missions in Georgia and urges Russia to allow EUMM unimpeded access to the entire territory of Georgia. NATO Parliamentary Assembly also welcomed Georgia's State Strategy on Occupied Territories and the Action Plan for Engagement.[46]
In media
Many international journalists and media companies, such as Fox News, Al Jazeera and Radio Free Europe / Radio Liberty have referred to Abkhazia and South Ossetia as Russian occupied territories.[47][48][49]
In August 2011, British MP Bruce George published an article in which he referred to Abkhazia and South Ossetia as territories "under the occupation of Russian troops".[50]
See also
- Georgian–Abkhazian conflict
- Georgian–Ossetian conflict
- International reaction to the Russia–Georgia war
- 2008 Georgia–Russia crisis
- International recognition of Abkhazia and South Ossetia
- Controversy over Abkhazian and South Ossetian independence
- Ethnic cleansing of Georgians in Abkhazia
- Ethnic cleansing of Georgians in South Ossetia
- Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia
References
- ^ Luke Coffey (2010-06-01). "Georgia and Russia: The occupation too many have forgotten".
- ^ Abkhazia, S.Ossetia Formally Declared Occupied Territory. Civil Georgia. 2008-08-28.
- ^ Letter by Georgian Parliamentary Committee for Foreign Relations. Civil Georgia. 2010-04-08.
- ^ "Bill on Occupied Territories Signed into Law". Civil.ge. 2001-07-01.
- ^ "Georgia won't jail for illegal entering in occupied territories". DFWATCH STAFF. 2013-04-02.
- ^ "Depardieu 'Violated Georgian Law On Occupied Territories'". RFE/RL. 2013-07-03.
- ^ "THE LAW OF GEORGIA ON OCCUPIED TERRITORIES" (PDF). 2008-10-23.
- ^ "Belarus highly recommends caution". Russia Today. 2009-08-24.
- ^ "Belarus backs Georgia over Abkhazia and South Ossetia". Russia Today. 2009-08-23.
- ^ "WARNING ON THE VISITS TO THE GEORGIAN TERRITORIES THAT ARE OUT OF CONTROL OF ITS GOVERNMENT". Republic of Azerbaijan. Ministry of Foreign Affairs.
- ^ "МИД Украины не рекомендует гражданам посещать Абхазию и Южную Осетию". RIA Novosti. 2009-08-20.
- ^ Temuri Kiguradze (2009-08-21). "Ukraine warns its citizens against travelling to Abkhazia and South Ossetia". The Messenger Online.
- ^ "Opinion on the Law on occupied territories of Georgia adopted by the Venice Commission at its 78th Plenary Session". Venice Commission. 2009-03-17.
- ^ "Independent International Fact-Finding Mission on the Conflict in Georgia. Report. Volume II" (PDF). 2009-09.
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(help) - ^ a b "Implementation Review: Six Point Ceasefire Agreement between Russia and Georgia" (PDF). National Committee on American Foreign Policy and the Institute for the Study of Human Rights. 2011-08.
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(help) - ^ Nino Chimakadze (2013-07-18). "Russia-Georgia Fence-Mending Hits a Snag". Transitions Online: Regional Intelligence.
- ^ Interior Ministry Briefs Diplomats on 'Borderisation'. Civil Georgia. 2013-06-04.
- ^ Ariela Shapiro (07/10/2013). "Normalized Georgia-Russia Relations May Contradict Georgia's Territorial Integrity". CACI Analyst.
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(help) - ^ "Georgian Villagers Irate As Fence Goes Up On South Ossetia Boundary". RFE/RL. 2013-10-09.
- ^ "Lavrov on Ties with Georgia, 'Borderisation' and NATO Expansion". Civil.ge. 4 December, 2013.
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(help) - ^ "Russia Urges Georgia to Scrap Occupied Territories Law". RIA Novosti. 2013-06-05.
- ^ "Sochi Olympics "Security Zone" Extended Into Abkhazia". Eurasianet. 2014-01-20.
- ^ "'Border Zone' Extended Deeper into Abkhazia Ahead of Sochi Olympics". Civil.ge. 2014-01-20.
- ^ "Sochi games: Georgia protests as Russia expands border zone". BBC News. 2014-01-21.
- ^ Adrian Croft (2014-02-05). "NATO raps Russia for expanding border into Georgia". Reuters.
- ^ "Adam Mullett, Seimas rebukes Russia with resolution". 2010-06-02.
- ^ Petras Vaida (2010-06-02). "Lithuanian Seimas passes resolution on support to Georgia". The Baltic Course.
- ^ "French FM: 'Occupation' cannot solve Georgia-Russia problems". Trend. 2010-07-15.
- ^ Mzia Kupunia (2010-07-16). "Kouchner calls on Tbilisi to start dialogue with Russia". The Messenger Online.
- ^ "EU–GEORGIA PARLIAMENTARY COOPERATION COMMITTEE. THIRTEENTH MEETING. 15-16 March 2011. BRUSSELS" (PDF). 2011-03-16.
- ^ "REPORT containing the European Parliament's recommendations to the Council, the Commission and the EEAS on the negotiations of the EU-Georgia Association Agreement (2011/2133(INI))". 2011-10-27.
- ^ "European Parliament resolution of 17 November 2011 containing the European Parliament's recommendations to the Council, the Commission and the EEAS on the negotiations of the EU-Georgia Association Agreement (2011/2133(INI))". 2011-11-17.
- ^ "First Progress Report on the implementation by Georgia of the Action Plan on Visa Liberalisation" (PDF). EUROPEAN COMMISSION. 2013-11-15.
- ^ Homeward bound: MPs to vote for action on displaced persons in Georgia OSCE Parliamentary Assembly
- ^ "OSCE says Russia is occupying Georgian regions". DFWatch. 2012-07-08.
- ^ "Russia Condemns OSCE Report on Georgia". RIA Novosti. 2012-07-14.
- ^ Robert Burns (2010-07-05). "Clinton Criticizes Russia For Occupying Georgia". The Huffington Post.
- ^ "Clinton slams Russian 'occupation' of disputed enclaves on Georgia visit". France 24. 2010-07-05.
- ^ "Russia slams US Senate resolution on Georgia's territorial integrity". Russia Today. 2010-12-14.
- ^ a b U.S. SENATE UNANIMOUSLY PASSES SHAHEEN-GRAHAM RESOLUTION AFFIRMING U.S. SUPPORT FOR GEORGIAN SOVEREIGNTY
- ^ 'Resolution on Occupation' Passed in U.S. Senate. Civil Georgia. 2011-07-30.
- ^ "Russia calls U.S. resolution on Georgian sovereignty 'faulty PR'". RIA Novosti. 2011-08-01.
- ^ U.S. Senior Diplomat on Term 'Occupied'. Civil Georgia. 2011-03-04.
- ^ "US, NATO Urge Russia to Dismantle Georgia Border Fences". RIA Novosti. 2012-10-03.
- ^ "Ambassador Richard S. Williamson, Georgian Elections and 'the Great Game'". 2013-11-08.
- ^ RESOLUTION 382 ON THE SITUATION IN GEORGIA NATO Parliamentary Assembly, Tuesday 16 November 2010, Warsaw, Poland.
- ^ Luke Coffey (2012-08-31). "Four years later -- seeking a peaceful end to the Russian occupation". Fox News.
- ^ "Hopeful Georgia takes baby steps towards EU". Al Jazeera. 2013-11-30.
- ^ "Biden Says U.S. Will Not Recognize Abkhazia, South Ossetia". RFE/RL. 2013-02-02.
- ^ Bruce George (2011-08-18). "Sham elections in Abkhazia should not distract us from finding peace in the Caucasus".