Reply to Recommendation 1305 (1996) on the humanitarian situation of the displaced persons in Georgia
Communication from the Committee of Ministers
Doc. 7848
18 juin 1997
Adopted by the Committee of Ministers on 12 June 1997 at the 595th meeting of the Ministers' Deputies
The concern of the Parliamentary Assembly for the humanitarian situation of the displaced persons in Georgia, expressed in Recommendation 1305 (1996) is shared by the Committee of Ministers who, already in October 1996, brought it to the attention of member Governments. It also recalls the reply (see Appendix 1) and supplementary reply (see Appendix 2) given by the Ministers' Deputies to Recommendation 1263 (1995) of the Parliamentary Assembly on the humanitarian situation of refugees and displaced persons in Armenia and Azerbaijan, adopted respectively at the 535th and 575th meetings of the Deputies.
This matter was recently raised at the exchange of views between the Ministers' Deputies, in the context of their political dialogue, with the Minister for Foreign Affairs of Georgia, Mr Irakli Menagarishvili, on 25 April 1997, a day on which the Minister, together with those from Armenia and Azerbaijan, participated in Strasbourg in the ceremony of the deposit of the instruments of accession of the three countries to the European Cultural Convention, an important step in the process of accession to full membership in the Council of Europe.
The Committee of Ministers were encouraged, in this context, by the importance attached by the Minister to the meeting held by President Shevardnadze in Kislovodsk last year with President Yeltsin of the Russian Federation, as well as to preparations for continuing political dialogue between neighbours on a wide range of issues of economic, social, humanitarian and legal cooperation.
The Committee of Ministers has also informed the Assembly of the most recent of a series of informal high-level Tripartite (between the Council of Europe, the United Nations and the OSCE) meetings which took place on 24 January 1997, on which occasion - as was specified in the press release issued - "the different operational activities of the participating organisations in Georgia (as well as elsewhere in the Caucasian region) were also discussed extensively. In this context, the need to include the humanitarian dimension of peace-building activities was evoked."
In the interests of maximising synergy between international organisations, the Committee of Ministers considers that independent initiatives at the present time by the Council of Europe in Georgia, which is a member of the OSCE as well as of the United Nations, would be inappropriate, especially since both those organisations maintain missions on the spot.
It looks forward, however, to resume discussion and possible conclusions in the framework of mutual support among the participating organisations during the next Tripartite meeting due to take place in Vienna, at the invitation of the OSCE.
It is likely that there will be particular interest, where the Georgia/Ossetia conflict is concerned, in the results of the activities of the Joint Central Commission (JCC) Working Group on refugees, with UNHCR participation, which held its last meeting in Borjomi, Georgia, on 17-18 April 1997, and whose main tasks have been defined as follows:
organisation and coordination of measures on the practical implementation of "The procedure for the voluntary return of refugees and IDPs (internally-displaced persons), adopted at the last JCC meeting on 13 February 1997;
coordination of activities in the search for solutions to the problems connected with the voluntary return;
elaboration of proposals for the implementation of comprehensive measures for the return and reception of refugees and IDPs;
analysis of the information on the process of return and information of the JCC on the process of implementation of the "Procedure";
rendering practical assistance to refugees and IDPs in the assessment of the damages and for their compensation of the material losses within the framework of the relevant decisions of the Parties;
rendering maximum support to international humanitarian organisations, within the limits of their mandate.
The Council of Europe side will make clear that the Organisation's expertise, also in the field of legal standard-setting, mentioned in the Assembly's Recommendation, is at the disposal of the organisations active in Georgia.
Appendix 1 to the reply to Recommendation 1305 (1996) of the Parliamentary Assembly on the humanitarian situation of the displaced persons in Georgia
Reply by the Committee of Ministers to Recommendation 1263 (1995) of the Parliamentary Assembly on the humanitarian situation of refugees and displaced persons in Armenia and Azerbaijan
The Committee of Ministers examined with interest Recommendation 1263 (1995) on the humanitarian situation of refugees and displaced persons in Armenia and Azerbaijan, adopted by the Standing Committee acting on behalf of the Parliamentary Assembly on 15 March 1995, and decided to bring it to the attention of the Governments of the member States.
The Committee of Ministers wishes to assure the Parliamentary Assembly that it shares its concern about the situation of the victims of the conflict in Nagorno-Karabakh. With reference to its reply to Parliamentary Assembly Recommendation 1251 (1995) on the conflict in Nagorno-Karabakh, the Committee of Ministers stresses its commitment to solving conflicts by peaceful means and to introducing confidence-building measures in high-risk regions. It particularly welcomes the efforts at mediation undertaken in the Organisation for Security and Co-operation in Europe (OSCE).
The matter of future closer links between the Council of Europe and Armenia, Azerbaijan and Georgia was addressed in the reply of the Committee of Ministers to Parliamentary Assembly Recommendation 1247 (1995) on the enlargement of the Council of Europe. The Committee of Ministers' position is in line with the conclusions of the Chair of the special meeting held in Istanbul in September 1992, stating that a significantly closer relationship with the three Transcaucasian countries "would demand not only the implementation of substantial democratic reforms but also (the) commitment (of these countries) to resolve conflicts by peaceful means".
Like the Parliamentary Assembly, the Committee of Ministers is anxious to anchor Armenia, Azerbaijan and Georgia to the principles of democracy, human rights and the rule of law. In this spirit, in March 1995, it instructed the Secretary General of the Council of Europe to develop his contacts in the Transcaucasian region. This decision was taken with a view to assessing the situation in the three countries of the region and establishing an appropriate schedule for opening constructive political dialogue with each of the Governments involved. Such dialogue would clarify these countries' needs and the Council of Europe's scope for action in a spirit of complementarity with the competent international organisations, inter alia in the humanitarian field.
In connection with recourse to the Emergency Account of the Council of Europe's Social Development Fund, the Committee of Ministers would inform the Parliamentary Assembly that it has transmitted the text of the Recommendation to the Fund's Governing Body.
The Committee of Ministers will of course forward to the Assembly any further relevant information it receives, including the possible reply from the Governing Body of the Social Development Fund.
Appendix 2 to the reply to Recommendation 1305 (1996) of the Parliamentary Assemblyon the humanitarian situation of the displaced persons in Georgia
Supplementary reply by the Committee of Ministers to Recommendation 1263 (1995) of the Parliamentary Assembly on the humanitarian situation of refugees and displaced persons in Armenia and Azerbaijan
The Committee of Ministers recalls that, in its reply to Recommendation 1263 (1995) on the humanitarian situation of the refugees and displaced persons in Armenia and Azerbaijan, it informed the Parliamentary Assembly that it had instructed the Secretary General of the Council of Europe to develop his contacts in the Transcaucasian region, a decision taken with a view to assessing the situation in the three countries of the region and establishing an appropriate schedule for opening constructive political dialogue with each of the Governments involved.
Further to that reply (adopted at the 535th meeting of the Deputies (April 1995), the Committee of Ministers has the honour to inform the Parliamentary Assembly that the humanitarian situation of refugees and displaced persons in these countries has been raised at the following meetings, directly or indirectly:
By the Committee of Ministers with the Governing Body of the Social Development Fund, whose then Chairman (July 1995), Mr Romeo dalla Chiesa, wrote, following the transmission of Recommendation 1263, to assure the Committee of Ministers of the full availability of the Governing Body to co-operate in the problems of assistance to refugees and displaced persons within the limits of the statutory aims and modalities, as well as available resources. The "Emergency account", referred to in the Recommendation, has since been superseded by a more flexible "Selective Trust Account", normally reserved for member States, but used once for the exceptional case of Bosnia and Herzegovina.
At senior official level in Yerevan (10-13 October 1995) and, when a delegation from Baku visited Strasbourg (27-28 November 1995).
By the Ministers' Deputies in their political dialogue with the Ministers for Foreign Affairs of Armenia and Azerbaijan, on 8 March and 5 June 1996 respectively (as well as that of Georgia on 13 May 1996).
By the Chairman of the Committee of Ministers, Mr Siim Kallas, Minister for Foreign Affairs of Estonia, together with the Secretary General, when they held talks at the highest level in Baku (12-13 July 1996) and Yerevan (15-16 July 1996), as well as Tbilisi on 14 and 15 July 1996. During the visit to the capital of Azerbaijan (as well as that of Georgia), an application for membership of the Council of Europe was received, which was subsequently transmitted to the Assembly for opinion (Resolution (96) 32 of 11 September 1996), following that adopted (Resolution (96) 21 of 15 May 1996) concerning the application of Armenia.
The Committee of Ministers reaffirms its hope that the conflicts be solved by peaceful means, including by introducing confidence-building measures in high-risk regions, as well as its support for the efforts at mediation undertaken in the Organisation for Security and Co-operation in Europe (OSCE).
It is also encouraged by the Joint Communiqu� (which appears in the Appendix below), issued in Luxembourg on 21 April 1996, in which the respective Presidents Levon Ter-Petrossian and Heydar Aliyev reconfirmed their commitment to a peaceful resolution of the Nagorno-Karabakh conflict and to the cease-fire which has held for almost two years and which must be maintained until the signing of the Political Agreement.
Finally, the Committee of Ministers welcomes the fact that the Parliaments of both countries (as well as that of Georgia) now enjoy Special Guest status with the Parliamentary Assembly.
Appendix to the supplementary reply to Recommendation 1263 (1995) of the Parliamentary Assembly on the humanitarian situation of the refugees and displaced persons in Armenia and Azerbaijan
Joint Communiqu� by the Presidents of Armenia and Azerbaijan
The Presidents of the Republic of Armenia and the Republic of Azerbaijan met in Luxembourg in conjunction with the signing by Armenia, Azerbaijan, and Georgia of their bilateral Agreements of Partnership and Co-operation with the European Union.
The discussions were frank and constructive.
Mr. Levon Ter-Petrossian and Mr. Heydar Aliyev reconfirmed their commitment to a peaceful resolution of the Nagorno-Karabakh conflict and to the cease-fire which has held for almost two years and which must be maintained until the signing of the Political Agreement.
The two Presidents further agreed that the resolution of the conflict must be based on internationally recognized principles and norms relevant to the conflict; that negotiations within the Minsk Group of the OSCE must continue in order to ensure the signing of the Political Agreement; and the direct dialogue between the parties must be intensified to facilitate the comprehensive resolution of the conflict.
Presidents Ter-Petrossian and Aliyev also agreed that the resolution of the conflict will contribute significantly to the stability and security of the region, and the economic and social development of the peoples of the region.
The two Presidents are in accord with regard to the urgency of the resolution of the humanitarian issues, first and foremost the immediate and unconditional release by all parties of all hostages and prisoners of war.
Presidents Ter-Petrossian and Aliyev agreed to continue their contacts.
Luxembourg,
April 21, 1996