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