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

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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

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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

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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

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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