GEORGIA OUTLINES WORK OF COMMISSION ON SOUTH

UNCLAS SECTION 01 OF 04 TBILISI 002796 SIPDIS SENSITIVE SIPDIS DEPT FOR EUR DAS BRYZA & EUR/CARC E.O. 12958: N/A TAGS: PGOV PREL GG SUBJECT: GEORGIA OUTLINES WORK OF COMMISSION ON SOUTH OSSETIA STATUS ¶1. (SBU) Embassy received the below letter and non-paper (full texts in paragraph 2) from Georgian State Minister for Conflict Resolution David Bakradze on November 5. The non-paper lays out Georgian plans for the continued work of the commission on defining the autonomous status of South Ossetia, and suggests appropriate roles for the international community in support of the process. ¶2. (SBU) Begin text: STATE MINISTER OF GEORGIA ON CONFLICT RESOLUTION ISSUES To: H.E. John Francis Tefft Ambassador Extraordinary and Plenipotentiary United States of America Your Excellency, Following the letter sent to you on 27 of September, I would like to once again address you with regard to the Commission on Elaboration of the Final Autonomous Status of the Former Autonomous District of South Ossetia within the Georgian State and offer you to take part in work of the Commission meetings. Attached to this letter you will find non paper outlining main objectives, principles and modalities of the Commission, which was established by the decree of the Prime Minister of Georgia in July 2007. The Government of Georgia stands ready to play more proactive role, urging international organizations, OSCE and EU member States to assist at expert level in sharing best democratic practices, as well as reviewing and analyzing the output of working group activities, which offers unique framework for interaction, cooperation and confidence building. Contribution of international organizations and interested states will be most appreciated by the Government of Georgia. Participation of the international community at the same time will guarantee that the final output of the Commission is in line with the best democratic practices. Besides, involvement of international experts will increase trust and confidence from the side of the South Ossetian local population to the work of the Commission, which is the key to the conflict resolution. Once working groups are ready to present the initial drafts (tentatively, by December, 2007),Commission will organize round tables, conferences and workshops on relevant issues. Participation of international experts in those events will be very important and very much appreciated. At a later stage, elaborated draft proposals will be sent to the Council of Europe, the Venice Commission, the OSCE, the EU, and interested member states for legal and political suggestions. Such a contribution will help Commission to prepare final documentation which will be fully in line with the best European practices. Please, accept Excellency the assurance of my highest esteem and let me express my hope of your contribution to the final success of the outcomes of the mentioned process. David Bakradze SUBJECT: Main Objectives, Principles & Modalities of the State Commission on the Future Autonomous Status of the Former South Ossetian Autonomous District ¶A. Recent Chronology of Events In his September 2004 UN General Assembly speech, the President of Georgia presented a new approach to the conflict resolution process. In the following months, this new approach was developed into a concrete Peace plan for the Tskhinvali Region/South Ossetia; the President presented this plan in Strasburg, at the Council of Europe Parliamentary Assembly session on January 26, 2005. In fall 2005, the Prime Minister of Georgia presented the peace plan to the OSCE Political Committee, as well as to the European Union and NATO. In the "Statement on Georgia" adopted at the OSCE Foreign Ministers Meeting in Ljubljana on December 6, 2005, 55 OSCE TBILISI 00002796 002 OF 004 member states unanimously supported the Georgian peace plan. At a later stage, the plan also was supported by EU statements and decisions, as well as by a number of national legislative bodies (including the United States Senate). In keeping with this peace plan proposed by Georgia, donor countries committed 7.8 million euros for rehabilitation projects in the region at the Brussels OSCE Donors' Rehabilitation Conference on June 14, 2006. The Government of Georgia pledged an equal amount to support common efforts aimed at confidence building and assisting the local population. However, the implementation of the peace plan was blocked by the de facto authorities in Tskhinvali and by the Russian Federation. Nonetheless, the Georgian side -- as a logical follow up to its peace plan -- continued to introduce practical measures for the peaceful resolution of the conflict. Accordingly, in spring 2007, a Memorandum on the Agreement of Further Activities Aimed at the Final Settlement of the Conflict in the Tskhinvali region/South Ossetia was delivered to the international community and the parties to the conflict. In April 2007, the Parliament of Georgia adopted the Law of Georgia on Creating Appropriate Conditions for the Peaceful Resolution of the Conflict in the Former South Ossetian Autonomous District. The Law established a framework for setting up a provisional administrative territorial unit in Tskhinvali region, on the territory of the former South Ossetian Autonomous District. The main objectives in creating the provisional administrative-territorial unit include: Promoting the peaceful resolution of the conflict; Restoring the constitutional order in the area; Protecting the rights and interests of the local community, including all ethnic groups represented in the region; and creating appropriate conditions for democratic elections. After the Law's adoption, the Georgian Government invited all political forces and representatives of local communities in Tskhinvali Region/South Ossetia to talks aimed at reaching SIPDIS agreement on the formation of an administration for the provisional administrative-territorial unit. All parties were invited to this dialogue, including the current de facto leadership of Tskhinvali. As a result of the consultations, those political forces willing to engage in the conflict resolution process and representing the interests of the local communities received a mandate to form the new administration. Accordingly, based on the Law, on May 10, 2007, the administration of the provisional administrative-territorial unit was established by a decree of the President of Georgia and with the consent of the Parliament of Georgia. The head of the administration was appointed by the President. The Administration, inter alia: participates in negotiations on defining the region's political status within the Georgian state; advances its own proposals developing European-style autonomy in consultations with the local communities; channels humanitarian and reconstruction assistance to the region and its population; carries out relevant governance duties and administrative functions; implements economic development projects. These developments led to the creation of a State Commission whose mandate is to elaborate proposals on the Future Autonomous Status of Former South Ossetian Autonomous District. The Commission was established by decree of the Prime Minister of Georgia in July 2007. ¶B. Main Objectives of the Commission The Commission will promote conflict-resolution initiatives previously launched by the Georgian government -- including the Peace Plan and the Road Map -- and will seek to advance political negotiations that can lead to a peaceful TBILISI 00002796 003 OF 004 resolution. The Commission will go beyond previous initiatives (which focused on the conflict-resolution stage) by tabling a comprehensive plan that includes proposals for the post-resolution period. Among the Commission's other principal objectives are: To create the requisite conditions and a comprehensive proposal for granting wide European-style autonomy to the region, guaranteeing political self-governance for -- and the preservation of national identity and the cultural rights of -- ethnic Ossetians residing in the area. To facilitate the participation of local communities, including all ethnic groups and political forces, in the process of conflict resolution. To promote confidence-building between the central Government and the local communities and to improve the general climate in support of the conflict-resolution process, economical rehabilitation, and social development. To create a positive precedent for conflict resolution in Abkhazia, Georgia. ¶C. Working Modalities of the Commission All parties have been formally invited to participate in the activities of the Commission, including the de facto leadership of Tskhinvali, the Russian Federation, and representatives of the Republic of North Ossetia-Alania. Special emphasis is being placed on generating broad participation by local communities, including all ethnic groups, political forces, NGOs, and other interested partners. In its current composition, the Commission reflects the will of the majority of the local population, both Ossetians and Georgians, who are widely represented as members of the Commission and its working groups, and can therefore contribute to a peaceful, lasting, and fair resolution of the conflict. In order to prepare a comprehensive proposal covering all major aspects of European-style autonomy, five Commission working groups have been established: - On constitutional and legal issues: To elaborate the legal framework for a future autonomous region, to prepare the legal basis for the division of power between the center and the region in a way that guarantees both broad political rights and the integrity of the state. - On fiscal and financial issues: To elaborate the framework for fiscal and financial autonomy, to set up relevant financial institutions, to work out special tax distribution and budgetary transfer arrangements for the region. - On economic issues: To elaborate a special incentive scheme for the region's economic development, to regulate issues related to the distribution of property, to set up mechanisms for trans-frontier trade and economic cooperation. - On education issues: To elaborate proposals that guarantee the special status of the Ossetian language, to set up principles on which the region's education system will operate; - On cultural issues: To elaborate mechanisms for preserving the national identity and cultural rights of ethnic Ossetians residing in the area. ¶D. The Possible Role of the International Community The Government of Georgia welcomes of the participation of international organizations and interested states in the conflict-resolution process. The international community can guarantee that the final output of the Commission is in line with the best democratic practices. The involvement of international experts will increase the trust and confidence that members of the South Ossetian local population have in the work of the Commission, which is vital to conflict resolution. There are no plans to include international organizations or interested states as permanent members of the Commission. Their participation will be limited primarily to issues that TBILISI 00002796 004 OF 004 require international cooperation. The Government of Georgia stands ready to play a more proactive role in urging international organizations, the OSCE, and EU Member States to assist at expert level in sharing best democratic practices, as well as in reviewing and analyzing the output of the working-group activities. Once the working groups are ready to present their initial drafts (tentative target date is Nov 2007) the Commission will organize roundtables, conferences, and workshops on relevant issues. The participation of international experts in these events will be very important and greatly appreciated. At a later stage, the draft proposals will be sent to the Council of Europe, the Venice Commission, the OSCE, the EU, and interested member states for their legal and political suggestions. Such contributions will help the Commission to prepare final proposals fully in line with the best European practices. Any other form of contribution is welcomed. End Text. TEFFT