GEORGIA - ADDITIONAL GUIDANCE ON REVISED UN

C O N F I D E N T I A L STATE 039134 SENSITIVE SIPDIS E.O. 12958: DECL: 04/14/2019 TAGS: UNSC PREL GG SUBJECT: GEORGIA - ADDITIONAL GUIDANCE ON REVISED UN MANDATE REF: A. STATE 33583 ¶B. USUN 326 Classified By: IO A/S Esther D. Brimmer for reasons 1.4 (b) and (d). ¶1. (C) THIS IS AN ACTION REQUEST. Department requests USUN share the attached non-paper (see para 3) outlining language for a new mandate for the UN Observer Mission in Georgia (UNOMIG) with UN SRSG Verbeke, UN Under Secretary-General for Peacekeeping Alain Le Roy, and UN Under Secretary-General(U/SYG)for Political Affairs Lynn Pascoe. USUN should request that the UN include this proposed mandate language in the Secretary-General's May 7 Report on Georgia. Without leaving a non-paper, USUN is also requested to brief UN SRSG Verbeke, U/SYG Le Roy and U/SYG Pascoe on the elements of a new security regime desired by the USG, as outlined in para 4. The Department would also like the UN to consider including recommendations in the report that encompass these elements. Post should also coordinate with Quad permanent missions in New York regarding our overall goals and approach (based upon the outcomes of the April 17 IPC - USUN participated),including seeking Quad views on possible bilateral engagement with Russia and the question of who should take the lead in drafting the next resolution. OBJECTIVES -------------- -- Urge the UN to include our draft mandate language in the next UN Secretary General's report on Georgia and to consider including recommendations for the security regime and other elements that encompass U.S. views. -- Coordinate with Quad permanent missions in New York regarding our overall approach to securing a robust and meaningful UN mandate for its mission in Georgia, and seek their views on approaching Russia and whether the UK and possibly the United States) should take the lead in drafting the next resolution, instead of Germany. BACKGROUND -------------- ¶2. (C) Since its establishment, UNOMIG has derived its legal authority from the 1994 Moscow Agreement. With the demise of the Moscow Agreement, the UN Security Council asked the UN Secretariat to develop recommendations for a new mandate for UNOMIG, moving beyond UNSC resolution 1866, which rolled over the existing mandate. The mandate should provide the legal basis for new security arrangements and responsibilities for UNOMIG, including monitoring provisions to reduce military tension and upholding human rights protections and the rule of law. Ideally, the mandate should also provide a basis for the UN mission to evolve as necessary, including possible access to South Ossetia in the future. In pursuing such a mandate, it was decided at an April 17 IPC to share the following information with the UN and Quad permanent missions in New York. Parallel discussions will occur with Quad representatives in capitals. The Department will send additional guidance as negotiations progress. ¶3. (SBU) Begin USG non-paper proposing language describing UNOMIG,s mandate: UNOMIG,s mandate will be drawn from the August 12, 2008, ceasefire agreement and subsequent clarifying instrument of September 8, 2008, the Secretary-General,s report of February 2009 (S/2009/591) and relevant resolutions of the United Nations Security Council, including 1808 and 1966. On the basis of these considerations, the mandate of the operation in Georgia should be as follows: (a) To monitor, observe compliance with and verify the implementation of the August 12, 2008 ceasefire agreement and subsequent clarifying instrument of September 8, 2008; (b) To contribute to the voluntary, safe, dignified, and sustainable return of internally displaced persons and refugees to the areas of their former residence; (c) To ensure the protection of civilians, including humanitarian personnel, under imminent threat of physical violence, within its capability and areas of deployment; (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 ensure the protection of United Nations personnel, facilities, installations and equipment; (g) To ensure the security and freedom of movement of United Nations and associated personnel; (h) To contribute to the promotion of respect for international humanitarian law and protection of human rights and fundamental freedoms throughout Georgia; (i) To assist in the promotion of the rule of law throughout Georgia; (j) To monitor and report on the security situation along the ceasefire lines; (k) To strengthen and support Georgia's sovereignty, independence and territorial integrity within its internationally recognized borders. End text of non-paper ¶4. (SBU) In addition to the mandate, USUN is requested to share orally (i.e. without leaving a non-paper) the following USG-proposed elements of the new Mission: SECURITY COMPONENT -- Strict observation by all parties on land, at sea, and in the air of the August 12, 2008 ceasefire and subsequent implementing measure of September 8, 2008 -- Symmetrical Demilitarized Zones 80 km in length patrolled by UN military observers extending 15 km on either sides of the cease fire line (CFL),and in the Upper Kodori Valley (no armed forces, no aircraft, no more than 500 law enforcement personnel on each side of the CFL, and maximum of 10 unarmed APCs on each side) -- Symmetrical Restricted Weapons Zones 80 km in length patrolled by UN military observers extending a further 15 km beyond the Demilitarized Zone and including territorial waters on either side of the CFL (maximum 500 armed forces allowed on each side, no heavy military equipment, i.e. artillery or mortars above 80mm, anti-aircraft artillery, tanks, missile systems, heavy weapons ammunition, 72-hour notification requirements for major troop movements) -- Ad hoc monitoring of the administrative boundary line (ABL) outside the zones (upper Inguri River area) -- Authorization for UN monitors to investigate security incidents and report violations of the August 12 ceasefire and subsequent implementing measures of September 8, 2008 as well as noncompliance with applicable UN Security Council resolutions -- Arrangements for access, with consent of parties, to installations adjacent to UN area of operations -- Coordinated monitoring with the European Union Monitoring Mission (EUMM) UN CIVPOL COMPONENT -- Monitoring local enforcement authorities in the Demilitarized and Restricted Weapons Zones (including Upper Kodori Valley) by UN Police Monitors -- Deployment of approximately 80 armed UN Police Officers (CIVPOL) working in conjunction with local authorities UNHCR COMPONENT -- UNHCR offices in Gali and Sukhumi to promote voluntary, safe, and dignified return of IDPs and refugees HUMAN RIGHTS COMPONENT -- Human Rights Office in Gali with jurisdiction throughout Abkhazia, Georgia, including access from uncontested Georgia as necessary -- Monitoring, investigating, reporting and training in human rights OCHA COMPONENT -- OCHA Office in Gali responsible for Coordination and facilitation of unhindered humanitarian aid throughout Abkhazia, Georgia, including access to Abkhazia from uncontested Georgia as necessary POLITICAL COMPONENT -- Mission headquarters in Tbilisi -- Facilitation of exchanges and meetings of civilian experts, NGOs, and political-level officials with the consent of the parties -- Reporting to the Co-Chairs of the Geneva discussions Department Point of Contact -------------- ¶5. (U) Please contact IO/UNP K.G. Moore, 202-647-0042, moorekg@state.gov for additional background or with questions. CLINTON