GEORGIA: INSTRUCTIONS FOR UNOMIG NEGOTIATIONS

C O N F I D E N T I A L STATE 006467 SIPDIS E.O. 12958: DECL: 01/21/2019 TAGS: UNSCR PREL GG SUBJECT: GEORGIA: INSTRUCTIONS FOR UNOMIG NEGOTIATIONS REF: (A) TIBLISI 94 (B) MOSCOW 74 Classified By: Acting A/S James B. Warlick for reasons 1.4 (b) and (d) ¶1. (C) This is an action request: USUN should work with the P-3, Germany, and Russia to quickly adopt a resolution renewing UNOMIG's mandate for four months. USUN is authorized to support France's revised version of Germany's original draft resolution in paragraph 6 below, the United States- drafted resolution in paragraph 7, or a combination of the two. (Note: the United States does not support the original German draft resolution. End note) If negotiations drag on or become complicated and contentious, USUN should seek further guidance from Washington. The U.S. is not willing to preserve UNOMIG at the expense of compromising Georgian territorial integrity and USUN should revert to the Department for further guidance if this situation arises. Key to our efforts will be to work closely with our European partners and other allies. Objectives -------------- ¶2. (C) Post should pursue the following objectives during consultations: -- Work to move negotiations along quickly with as little conflict as possible, while avoiding any steps that weaken the Council's support for Georgia's territorial integrity. -- Secure a Security Council Resolution that provides for a temporary extension of the current UNOMIG mandate to continue operating for four months beyond its February 15, 2009 expiration date. Background -------------- ¶3. (C) A UN presence in Georgia is important, especially as the security and humanitarian situations deteriorate in some areas and with the possible expiration of the OSCE mission's mandate. Securing at least a temporary extension will allow for more time to develop the modalities for reaching these longer-term objectives, the future presence of the UN in Georgia, and a comprehensive and durable international mechanism that addresses security and humanitarian issues in the region. The UN mandate in Georgia will ultimately need to be revised (partially due to the fact that UNOMIG is charged with monitoring the now-defunct Moscow agreement of 1994). The United States would like to see the UN role in Georgia expanded beyond monitoring the security situation to also include significant humanitarian and human rights roles as well. However, the timing to negotiate this expanded role is not optimal. The French drafted resolution or a technical rollover would allow UNOMIG to continue its still valuable work as the only international presence in Abkhazia and would provide additional time to reach agreement on security and stability modalities, as well as humanitarian and human rights concerns, through the Geneva talks, which resume February 17- 18, and other discussions, and to properly analyze and respond to the UN Secretary General's report on UNOMIG, which is not due to be released until February 5. Georgian officials have indicated that they would support another technical rollover of UNOMIG (reftel A) and Russia has indicated a willingness to consider a technical rollover as well (reftel B). ¶4. (C) The U.S. is not willing to preserve UNOMIG at the expense of Georgian territorial integrity or legitimizing the independence declared by Abkhaz and South Ossetian de facto leaders. While we are willing to engage the Russians, we must also ensure that they remain isolated on the Council and within the international community with regard to their violation of Georgia's territorial integrity and Russia's failure to prevent shootings and refusal to grant humanitarian access to Abkhazia and South Ossetia. ¶5. (C) A unified message will continue to bolster international support for monitoring missions in Georgia, including Abkhazia and South Ossetia. The U.S. appreciates the efforts of France, Germany, and the UK to facilitate a broader UN presence in Georgia, and believes we need more time to forge a common approach, especially following Russia's maximalist approach to renewal of the OSCE mandate in Georgia, which Russia killed despite a reasonable and constructive proposal by the OSCE's Finnish CiO. We welcome their constructive suggestions, however, for the future negotiations on the presence of the UN and look forward to continuing to work closely with them and other Council members to establish a UN presence in Georgia that addresses key security and humanitarian concerns. The French draft resolution below provides a good starting point for reaching our ultimate goal of a four-month technical rollover. Draft Security Council Resolutions -------------- ¶6. (U) Begin French-drafted text: The Security Council, P1 Recalling all its relevant resolutions including resolutions 1808 of 15 April 2008 S/RES/1808 and 1839 of 9 October 2008 S/RES/1839, PP2 Welcoming the report of the Secretary-General on the activities of the United Nations Observer Mission in Georgia of X February 2009 S/2009/XX, PP3 Welcoming and endorsing the mediation of the presidency of the European Union which led to the agreements of 12 August 2008 and of 8 September 2008, PP4 Bearing in mind the International Court of Justice Order dated 15 October 2008 on the "application of the international convention on the elimination of all forms of racial discrimination (Georgia v. Russian Federation), PP5 Supporting the sustained efforts of the Secretary-General and of his Special Representative, of the OSCE and the Special Envoy of its Chairman-in-Office, and of the European Union and its Special Representative in order to establish modalities for security and stability in the region and address the question of refugees and IDPs, PP6 Underlining the need to continue and strengthen the discussions commenced in Geneva on 15 October 2008, OP1 Recalls the arrangement entered into by the parties under the ceasefire agreement of 12 August 2008 and the agreement of 8 September, including their commitment to renounce the use of force and to withdraw their forces to their positions prior to the conflict; OP2 Requests therefore the parties to continue to implement paragraph 2 (a) of the Agreement on a Cease-fire and Separation of Forces signed in Moscow on 14 May 1994 S/1994/583, pending agreement on a more perennial security regime; OP3 Requests all parties to refrain from any act of racial discrimination against persons, groups of persons or institutions, and to ensure, without distinction, the security of persons, the right of persons to freedom of movement and the protection of the property of displaced persons and of refugees; OP4 Calls on all parties to facilitate, and refrain from placing any impediment to, humanitarian assistance to persons affected by the conflict, including refugees and IDPs, and to contribute to a voluntary, safe and unhindered return of refugees and IDPs; OP5 Calls on all parties to intensify efforts to reach a lasting negotiated political agreement in the discussions currently underway in Geneva; requests the Secretary General, through his Special Representative, to continue to fully support this process, and to report on progress by 15 April 2009; OP6 Calls upon the Secretary-General to actively coordinate through his Special Representative the Mission's activities with other international presences established in the area of deployment, in particular with the European Union's Monitoring Mission (EUMM); OP7 Requests the Secretary General to report to the Council on the implementation of the resolution; OP8 Decides to extend the mandate of the United Nations mission for a new period terminating on 15 June 2009; OP9 Decides to remain actively seized of the matter. End Text ¶7. (U) Begin U.S. Drafted Text: The Security Council, PP1 Recalling all of its relevant resolutions including resolution of 15 April 2008 S/RES/1808 and of 9 October 2008; PP2 Taking note of the report of the Secretary-General of 3 October 2008 S/2008/631 and X February 2009 S/2009/XXX; PP3 welcoming and endorsing the ceasefire agreement of 12 August 2008, subsequent clarification of 8 September 2008, and the discussions commenced in Geneva on security and stability modalities and humanitarian concerns: OP1 Decides to extend the mandate of the United Nations mission for a new period terminating on 15 June 2009; 0P2 Requests the Secretary-General, in connection with the extension of this mandate, to continue facilitating discussions among the parties with an aim to achieving practical arrangements on cooperation, including confidence building measures; lasting security and stability mechanisms; adequate humanitarian access; and the safe and dignified return of internally displaced persons; OP3 Decides to remain actively seized of the matter. End text Department Point of Contact -------------- ¶8. (U) USUN should provide updates and seek additional guidance as necessary based upon discussions with Russia, the P-3, Germany and other allies. Department's point of contact is IO/UNP K.G. Moore, 202 647-0042, moorekg@state.gov. CLINTON