C O N F I D E N T I A L STATE 032134


E.O. 12958: DECL: 03/30/2019
TAGS: GG PHUM PREL UNC
SUBJECT: NONPAPER ON REVISED UN MANDATE FOR GEORGIA

REF: A. TBILISI 625

B. USUN NEW YORK 326

Classified By: Acting EUR A/S Marcie Ries for Reasons 1.4 (B) and (D)


1. (C) THIS IS AN ACTION REQUEST. In response to reftels
and meetings in Tbilisi, Washington and New York with UN
officials, the Department requests that action addressees
share the ideas below with MFA officials at the appropriate
level to solicit their input. With input from Quad allies
and the Government of Georgia, the Department will then
formulate a nonpaper to be formally transmitted by USUN to
the UN Departments of Peacekeeping (DPKO) and Political
Affairs (DPA).


Objective and Talking Points
--------------


2. (C) Action addressees are requested to solicit input from
appropriate MFA officials on the draft language below, which
is intended to create a new legal mandate for the UN Mission
following the demise of the 1994 Moscow Agreement, and which
would also be included in the next Secretary-General,s
report on Abkhazia, Georgia due on May 15. This new legal
mandate, if adopted by the Security Council, would serve as a
guide for UN DPKO in developing specific elements of the new
mission. We look forward to discussing these specific
elements in the near future, in the context of our agreement
on the elements of a new mandate, as suggested below.


3. (U) Post should draw upon the following points, as well as
the draft language in paragraph 4, below:

-- We would like to share with you some preliminary language
outlining a new legal mandate for the UN mission in Georgia.

-- This language has not yet been fully cleared through the
U.S. interagency process.

-- Prior to providing a final version of our views on the
future UN mandate in Georgia to the UN, we would like to
solicit your views. We are requesting your comments as soon
as possible, since the UN has already begun the process of
drafting its report.

-- Our ultimate objectives are six-fold: 1) to monitor all
military forces within reasonably broad (approximately 25-30
kilometer), symmetrical restricted-weapons zones on both
sides of the ceasefire line, and in the Upper Kodori Valley;
2) to monitor local law enforcement forces and, over time, to
co-locate armed UN police in the restricted-weapons zones; 3)
to actively create conditions on the groun

d for the
voluntary, safe, and dignified return of internally displaced
persons and refugees; 4) to monitor and promote human rights;
5) to coordinate and facilitate the provision of humanitarian
aid wherever it is needed; and 6) to promote political
dialogue between the parties.


Proposed UN Mandate For Georgia
--------------


4. (U) We believe UNOMIG,s mandate should be drawn from the
August 12, 2008 ceasefire agreement and subsequent clarifying
instrument of September 8, 2008, the Secretary-General,s
reports of 4 February 2009 and X May 2009, and relevant
resolutions of the United Nations Security Council, including
1808 and 1866. On the basis of these considerations, the
proposed mandate of the operation in Georgia should include
the following elements:

(a) To contribute to the voluntary, safe, dignified, and
sustainable return of internally displaced persons and
refugees to the areas of their former residence;

(b) To contribute to the protection of civilian populations
under imminent threat of physical violence and prevent
attacks against civilians, within its capability and areas of
deployment, without prejudice to the responsibility of the
Government of Georgia;

(c) To monitor, observe compliance with and verify the
implementation of the August 12, 2008 ceasefire agreement and
subsequent clarifying instrument of September 8, 2008;

(d) To assist the conflict resolution process and to support
the joint mediation efforts of the European Union, United
Nations, and Organization for Security and Cooperation in
Europe (OSCE) through the Geneva discussions, to broaden and
deepen all parties, commitment to the peace process;

(e) To contribute to the restoration of necessary security
conditions for the safe provision of humanitarian assistance
and to facilitate full humanitarian access throughout
Georgia;

(f) To contribute to the promotion of respect for
international humanitarian law and protection of human rights
and fundamental freedoms throughout Georgia;

(g) To assist in the promotion of the rule of law throughout
Georgia;

(h) To monitor and report on the security situation along the
ceasefire line between Georgian and Abkhaz forces.

(i) To strengthen and support Georgia's sovereignty,
independence and territorial integrity within its
internationally recognized borders.

In order to achieve these broad goals, the operation,s tasks
would include the following:

(a) Security

(i) To promote the re-establishment of confidence, deter
violence and assist in monitoring and verifying the
implementation of the August 12, 2008 ceasefire agreement and
subsequent clarifying instrument of September 8, 2008,
including by actively providing security and robust
patrolling of demilitarized, security, and restricted weapons
zones, by monitoring the withdrawal of troops and heavy
artillery, and by deploying police, including formed police
units, in areas where internally displaced persons are
concentrated, in the demilitarized and security zones, along
key routes of migration and in other vital areas;

(ii) To monitor, investigate, report and assist the parties
in resolving violations of the August 12, 2008 ceasefire
agreement and subsequent clarifying instrument of September
8, 2008;

(iii) To assist in the disarmament, demobilization and
withdrawal of troops called for in the August 12, 2008
ceasefire agreement and subsequent clarifying instrument of
September 8, 2008;

(iv) To contribute to the creation of the necessary security
conditions for the provision of humanitarian assistance and
to facilitate the voluntary, safe, dignified and sustainable
return of refugees and internally displaced persons to the
areas of their former residence;

(v) In the areas of deployment of its forces and within its
capabilities: to protect the operation,s personnel,
facilities, installations, and equipment; to ensure the
security and freedom of movement of United Nations, OSCE and
European Union Monitoring Mission (EUMM) personnel,
humanitarian workers, and Assessment and Evaluation
Commission personnel; to prevent disruption of the
implementation of the August 12, 2008 ceasefire agreement and
subsequent clarifying instrument of September 8, 2008 by
armed groups; and, without prejudice to the responsibility of
the Government of the Georgia, to protect civilians under
imminent threat of physical violence and prevent attacks and
threats against civilians;

(vi) To support the efforts to maintain public order and
build the capacity of local law enforcement through
specialized training and joint operations;

(vii) To provide technical mine-action advice and
coordination and demining capacity to support the August 12,
2008 ceasefire agreement and subsequent clarifying instrument
of September 8, 2008;

(b) Rule of law and human rights:

(i) To contribute to the creation of an environment conducive
to respect the promotion of human rights and the rule of law,
including international humanitarian law, in which all are
ensured effective protection;

(ii) To support the parties to the August 12, 2008 ceasefire
agreement and subsequent clarifying instrument of September
8, 2008 in restructuring and building the capacity of the
police service, including through monitoring, training,
mentoring, co-location and joint patrols;

(iii) To monitor and report on observance of international
humanitarian law and the human rights situation, in
cooperation with the Office of the United Nations High
Commissioner for Human Rights, including on the situation of
returned refugees and displaced persons;

(c) Internally Displaced Persons and Refugees:

(i) To create appropriate conditions for the safe, voluntary,
dignified and sustainable return of internally displaced
persons and refugees to the areas of their former residence;

(ii) To maintain offices of the United Nations High
Commissioner for Refugees to assist with the return of
internally displaced persons and refugees to the areas of
their former residence, and to report on progress towards
achieving this goal.

(d) Humanitarian assistance:

(i) to facilitate the effective provision of humanitarian
assistance and full access to people in need;

(ii) Ensure the security and freedom of movement of United
Nations and associated humanitarian personnel;

(e) Support for the peace process and good offices:

(i) To support the good offices of the United Nations Special
Representative for Georgia and the mediation efforts of the
Special Envoys of the European Union and OSCE;

(ii) To facilitate the preparation and conduct of the Geneva
discussions, as stipulated in the August 12, 2008 ceasefire
agreement and subsequent clarifying instrument of September
8, 2008;

(iii) To liaise with EUMM and OSCE for the implementation of
the August 12, 2008 ceasefire agreement and subsequent
clarifying instrument of September 8, 2008 and other
stakeholders to ensure complementary implementation of the
mandates of EUMM and OSCE for the implementation of the
August 12, 2008 ceasefire agreement and subsequent clarifying
instrument of September 8, 2008 in Georgia;

Department Point of Contact
--------------


5. (U) Department POC is EUR/CARC Conflicts Advisor Mike
Carpenter, Tel: 202-647-9677.


CLINTON