Doc. 8585

3 November 1999

Conflict in Chechnya

Report

Political Affairs Committee

Rapporteur: Mr Ernst Mühlemann, Switzerland, Liberal, Democratic and Reformers’ Group

I.       Draft resolution

1.       The Parliamentary Assembly deplores that the 1996 ceasefire has led to no peaceful settlement of the crisis in Chechnya and that an armed conflict has been launched again.

2.       The Assembly condemns all terrorist acts inside and outside of Chechnya, human rights violations resulting from implementation of “sharia” as well as abductions. It requests that the guilty persons be prosecuted and that all hostages currently detained be immediately liberated.

3.       It launches an appeal to the Russian authorities to avoid military raids against the civil population and to introduce a ceasefire.

4.       The Assembly expects from both parties that after introducing the ceasefire they embark upon an active phase of reconstruction and initiate a peaceful settlement of the conflict.

5.       The Assembly supports all efforts aiming at restoring the rule of law and the respect of democratic principles in Chechnya.

6.       It appeals to the Russian authorities and representatives of international humanitarian organisations to enable humanitarian aid to reach the victims, including refugees and displaced persons. Moreover, it asks the Russian authorities to keep open the border between Chechnya and Ingushetia.

7.       The Assembly recognises the territorial integrity of the Russian Federation, whilst demanding from this State, member of the Council of Europe, to abstain from any human rights violations.

8.       The Assembly expresses the hope that OSCE and its Mission in Moscow will be able to regain their authority to influence events in Chechnya.

9.       The Assembly is willing to actively support all efforts aiming at peaceful dialogue between the Russian authorities and democratically elected President Maskhadov.

10.       The Assembly expects from all political and military bodies that they take all possible steps to enable descalation of the conflict, so that peace is finally restored in Northern Caucasus.

II.       Explanatory memorandum by the rapporteur

1.       The first armed conflict between the Russian federal forces and Chechnya started in December 1994. On 27 May 1996 a cease-fire agreement was signed in Moscow between the Russian Prime Minister, V. Chernomyrdin, and the President of Chechnya, Z. Yandarbiev.

2.       This was followed by a declaration signed on 30 August 1996 in Kasavyurt between Generals Lebed and Maskhadov, which provided that an agreement on the status of Chechnya should be reached by 31 December 2001.

3.       When adopting its Opinion No. 193 on Russia’s request for membership of the Council of Europe on 25 January 1996, the Assembly noted that the Russian Federation committed itself “to settle international as well as internal disputes by peaceful means”. At the same time, it set up an Ad hoc Committee on Chechnya.

4.       The Ad hoc committee made a fact-finding visit to Grozny on 11 November 1997. Its conclusions were the following:

i.       “After a sustainable cease-fire came into force in Chechnya, together with the permanent separation of the parties to the conflict, it is absolutely vital that such a state of affairs be maintained.ii

ii.       Political dialogue between Moscow and Grozny should concentrate above all on rebuilding this region that has been utterly destroyed, and leave the question of its political status until a later date.

iii.        The current policy of confrontation should give way to equitable co-operation, allowing Russia to lend its support.

iv.       The most important and urgent step is to seek political stability with a sensible leadership structure which can accommodate the extremist forces.

v.       A politically stable government can ensure internal political safety and thereby reinstate the rule of law, the absence of which is demonstrated by the number of people being taken hostage.

vi.       As long as the rule of law does not prevail, humanitarian, political, financial and economic aid from Russia and elsewhere will not be forthcoming.

vii.       The safe functioning of oil pipelines between the Caspian and Black Seas is a vital source of income for Chechnya.

viii.       The OSCE Assistance Group should remain in Grozny, despite all the dangers, as it is helping to maintain permanent diplomatic relations.

ix.       The work carried out by the Ad hoc Committee on Chechnya has played an important role in bringing about the cessation of war and progress towards a peaceful settlement of the conflict.

x.       In future, the Ad hoc Committee on Chechnya should concentrate on opposing the introduction of the Sharia-law in favour of the rule of law, which should lead to democratisation, humanitarian aid and the return home of refugees.”

5.       In August and September 1999, one of the Chechen field commanders, Shamil Basaev, launched military operations in neighbouring Dagestan, but was forced to retreat.

      At the same time, terrorist explosions in Moscow and other Russian cities killed some 300 persons.

6.       On 20 August 1999, the Chairman of the Ad hoc Committee on Chechnya met representatives of the Chechen Parliament in Vilnius. The conclusions were as follows:

- The meetings held in Vilnius on 20 August were constructive and marked the resumption of dialogue between the ad hoc committee and the representatives of Chechnya.

- The ad hoc committee on Chechyna should pursue its activities to ensure that the Council of Europe maintains its influence on the Russian and Chechen authorities in the search for a peaceful solution to the conflict.

- The co-operation with parliamentarians who fight against the taking of hostages in Chechnya and the introduction of the sharia must be continued.

- The collaboration with the OSCE to put an end to the blockade which Chechnya is undergoing has to be pursued.

7.       At the beginning of October 1999, Russian federal forces began invading Chechnya, allegedly as an anti-terrorist operation. This has already led to hundreds of deaths and some 180 000 displaced persons. One third of Chechen territory is now under the control of the federal forces, but the real war could still be ahead of us.

8.       On 28 August 1999, the President of the Parliamentary Assembly, Lord Russell-Johnston, expressed his deep concern at the escalation of violence in Chechnya:

“The Russian government can count on our support in the fight against terrorism. However, I should remind it that this fight must be conducted in full respect of the rule of law, human rights and fundamental freedoms.”

In this context, he called on the Russian authorities to put an end to indiscriminate and disproportionate air strikes which have caused a high number of civilian victims. “I appeal to the Russian authorities to reflect on the fact that military action alone will never be a solution to the conflict between the central government and the authorities of the Republic of Chechnya.”

“The Parliamentary Assembly will continue to promote dialogue between the Federation of Russia and the Chechnian authorities in the search for a peaceful solution of the conflict.”

9.       On 22 October 1999, he reacted to the news of the previous day’s rocket attack on Grozny and called for an end to actions affecting the civilian population:

“I am shocked to learn the news about the high number of the civilian casualty in the bombardment of the street market in the Chechen capital. Since the beginning of the military operations in the North Caucasus, I have insisted that all parties should abstain from indiscriminate and disproportionate actions which are likely to harm innocent civilians.

The Russian authorities have the right to fight terrorism, but this should be done in a way that respects the rule of law, human rights and fundamental freedoms.

The Council of Europe and its Assembly have already offered its readiness to assist in the search for a peaceful solution to the conflict in the North Caucasus. The Russian authorities should immediately start negotiating a political solution with the authorities in Grozny. Both sides should make a serious effort at moderation and responsibility.”

10.       Today, the Russian Federation is a full-fledged Member State of the Council of Europe, which entails a number of obligations in the field of human rights.

11.       The renewed war in Chechnya, whatever its real reasons, cannot but prompt the following reaction:

i.       The Parliamentary Assembly deplores that the 1996 cease-fire has led to no peaceful settlement of the crisis in Chechnya and that an armed conflict has been launched again.

ii.       The Assembly condemns all terrorist acts inside and outside of Chechnya as well as implementation of sharia and abduction of innocent victims.

iii.       It launches an appeal to the Russian authorities to end disproportionate military raids against the civil population and to introduce a cease-fire.

iv.       The Assembly expects from both parties that after the cease-fire they embark upon an active phase of reconstruction and initiate a peaceful settlement of the conflict.

v.       It appeals to the Russian authorities and representatives of international humanitarian organisations to enable humanitarian aid to reach the innocent victims.

vi.       The Assembly recognises the territorial integrity of the Russian Federation, whilst expecting from each Member State of the Council of Europe to abstain from human rights violations.

vii.       The Assembly expresses the hope that OSCE and its Mission in Moscow will be able to regain their authority to influence events in Chechnya.

viii.       The Assembly is willing to actively support all efforts aiming at peaceful dialogue between the Russian authorities and democratically elected President Maskhadov.

ix.       The Assembly expects from all political and military bodies that they take all possible steps to enable descalation of the conflict, so that peace is finally restored in Northern Caucasus.

Reporting committee : Political Affairs Committee

Budgetary implications for the Assembly : none

Reference to committee : Request for an urgent procedure debate. Reference No. …..

Draft resolution unanimously adopted by the committee on 3 November 1999.

Members of the committee : Mr Ruffy (Chairman), Mrs Ojuland (Vice-Chairperson), Mr Toshev (Vice-Chairman), MM Arzilli, Atkinson, Bársony, Behrendt, Bergqvist, Björck, Blaauw (alternate: Mr van der Linden), Bloetzer, Bühler, Daly (alternate: Mr Browne), Davis, Demetriou, Dokle, Domljan (alternate: Mr Obuljen), Dreyfus-Schmidt, Mrs Durrieu (alternate: Mr Baumel, Vice-Président), MM Fico, Gjellerod, Gligoroski, Glotov, Mrs Gogoberidze, Mr Gül (alternate: M. Gürkan), Mrs Iotti (alternate: Mr Evangelisti), Mr Iwinski, Mrs Kautto, MM Kirilov, König, Krzaklewski, Kuzmickas (alternate : Mr Zingeris), Lopez Henares, Lupu, van der Maelen (alternate: Mr Clerfayt), Maginas, Medeiros Ferreira, Meier, Micheloyiannis, Mota Amaral, Mutman, Nedelciuc, Mrs Nemcova, MM Neuwirth, Oliynyk, Pahor, Palmitjavila Ribo, Prusak (alternate: Mr Fyodorov), de Puig, Mrs Ragnarsdottir, MM Schieder, Schloten, Selva (alternate: Mr Turini), Sinka, Mrs Smith (alternate: Lord Judd), Mrs Stanoiu, Mrs Stepová, MM Surjan, Theis, Thoresen, Timmermans, Urbain, Vella, Volcic, Zhebrovsky, N ……… (alternate: Mr Rakhansky).

N.B. The names of those members present at the meeting are printed in italics.

Secretaries of the committee : Mrs Ruotanen, Mr Sich, Mrs Hügel