Sokhumi Offers Its Draft of New Treaty with Russia

Independence Day military parade in Sukhumi, Abkhazia

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Authorities in breakaway Abkhazia have tabled revised draft of new treaty with Russia, initial version of which was proposed by Moscow (see below) last month and some portions of which drew much criticism in Sokhumi.

The text, which was made public on October 30, was drafted by a group, which included representatives from the breakaway region’s parliament, president’s office and government.

Independence Day military parade in Sukhumi, Abkhazia
Independence Day military parade in Sukhumi, Abkhazia

Changes were made, among others, in clauses related to combined group of armed forces and its command, citizenship issues, customs controls and joint law enforcement center.

The Abkhaz draft changes title of the document from Russia-proposed “agreement on alliance and integration” to “agreement on alliance and strategic partnership.”

Like in the Russian draft, creation of “common defense and security space” remains in the Abkhaz version among “key directions” of this “alliance and strategic partnership”.

But instead of carrying out “mutually agreed foreign policy” as it was offered in the Russian draft, Abkhaz proposal revises the wording into “coordinated foreign policy” on the issues of mutual interest.

Abkhaz lawmakers say that this change was recommended by breakaway region’s foreign minister, Viacheslav Chirikba, who, they say, argued that, unlike “coordinated”, the “mutually agreed foreign policy” would imply agreeing “every step” with Moscow.

The Abkhaz draft removes from the Russia-proposed text creation of “common social and economic space” from the key directions of the treaty and instead offers the following wording: “assisting social-economic development of the Republic of Abkhazia.”

Apparently in an attempt to stress on Sokhumi’s aspiration to join Russia-led Eurasian Union, the draft adds to “key directions” the following wording: “creation of conditions for Abkhazia’s full-fledged participation in integration projects on the post-Soviet space, implemented upon the initiative of or/and with assistance of the Russian Federation.”

Defense and Security

Like the Russian draft, the Abkhaz version also has collective defense clause and envisages creation of the Combined Group of Forces.

But it specifies that this joint group of forces should be established with units from the Abkhaz and the Russian armed forces, meaning that the entire Abkhaz forces should not be part of the Combined Group of Forces.

It also specifies that Moscow-proposed “common defense infrastructure” should be established through providing to the Combined Group of Forces by Abkhazia and Russia “separate military facilities.”

Unlike the Moscow-proposed text, the Abkhaz draft specifies that in the peacetime leadership of the joint command should be held on a rotational basis by the Abkhaz and Russian sides.

The Moscow-proposed draft envisages that Russia will appoint commander of the Combined Group of Forces in the time of war or when there is an “immediate threat of aggression.”

This clause is kept in the Abkhaz draft, but it also adds that in time of war or an immediate threat of aggression, deputy commander of the Combined Group of Forces should be appointed by Sokhumi.

The Abkhaz version also adds a clause according to which the Combined Group of Forces will have the right to prepare and carry out operations only if there is an authorization from both Russian and Abkhaz presidents – the text reads that it should be “a joint decision” of the two presidents.

The Abkhaz draft keeps clauses in which Russia takes commitment to fund “standardization” of logistics of the Abkhaz armed forces, as well as salaries of Abkhaz servicemen with those of the Russian armed forces within three years after the entry into force of the treaty.

It, however, also adds a new clause according to which Russia should provide the Abkhaz forces with “modern weapons.”

The Abkhaz draft also sets six-month deadline for signing a separate agreement, which should define funding and implementation details of these provisions of the treaty.

Citizenship

The Moscow-proposed draft envisages taking of “additional measures” by the both sides to “simplify procedures” for granting their citizenships to each other’s citizens.

In its draft Sokhumi refuses to take such commitment and to simplify granting of its citizenship to the Russian citizens.

But the Abkhaz draft keeps a provision in which Russia is offered to further simplify granting of its citizenship to the Abkhaz citizens. Most of the residents in the breakaway region are already Russian passport holders.

Sokhumi’s strong opposition to simplify granting of citizenship to the Russian citizens is caused by its fear that it may pave the way for buying or reclaiming of property in Abkhazia by those ethnic Georgians, who fled Abkhazia as a result the armed conflict in early 1990s and who now reside in Russia and are now Russian citizens.

Border and Customs Control

The Abkhaz draft keeps unchanged Moscow-proposed provision to provide “complete freedom of movement across the Russian-Abkhaz state border” – a measure, which should be subject of “restrictions, imposed for security reasons.”

But unlike Russian draft, which offers joint border protection of only “Abkhaz-Georgian border”, the Abkhaz draft speaks of taking measures within two years after entry into force of the treaty to provide joint protection of not only border with Georgia, but also of other sections of the land and maritime borders of the breakaway region.

The Abkhaz draft also adds new clause according to which Moscow and Sokhumi would jointly secure “engineering and technical” equipping of the border infrastructure with Georgia.

The Russian-proposed draft offers “joint” customs control on movement of people, transport and cargo at entry points in Abkhazia, including at ports.

This clause was criticized in Sokhumi and as a result it was entirely removed from the text tabled by the authorities of the breakaway region.

The Abkhaz draft also sets two years, instead of Russia-proposed 18 months, as a timeframe within which Sokhumi has to “approximate” its customs-related legislation with the one of the Eurasian Economic Union.

While the Russia-proposed draft says that Sokhumi should recognize Russian customs control results, the Abkhaz draft speaks of mutual recognition of each other’s customs control results.

Law Enforcement

A clause in the Russia-proposed draft, which also drew much criticism in Sokhumi, was the one which offered setting up of Joint Coordinating Center of the Russian and Abkhaz law enforcement agencies within a year after entry into force of the agreement to counter “organized crime, other grave crimes and extremism on the territory of Abkhazia.”

The Abkhaz draft offers a revise wording of this clause, envisaging setting up of “Joint Information-Coordinating Center” of law enforcement agencies to counter “organized crime and other grave crimes on the territories of the Republic of Abkhazia and the Russian Federation.”

The Abkhaz draft also specifies that this center should help the both sides to coordinate actions in fight against grave crimes, as well as provide “organizational-methodological” assistance to the Abkhaz law enforcement agencies for the purpose of increasing their efficiency.

The Abkhaz draft also says that this center should provide “gathering, storing, protecting, analyzing and sharing of information related to fight against crime.”

The Abkhaz draft keeps mostly unchanged clauses related to the integration of the breakaway region’s social protection, pensions and healthcare systems to the southern federal districts of Russia.

The Abkhaz draft adds a clause, which envisages Russia’s assistance in implementing “programs for development of the Abkhaz language.”

Russia-Proposed Treaty with Abkhazia on ‘Alliance and Integration’

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Setting up of a joint Russian-Abkhaz group of forces for collective defense, joint law enforcement structures for fighting crime, as well as broad range of Moscow-funded measures for Abkhazia’s further integration into Russia’s economic, social protection and healthcare systems are envisaged by a Kremlin-proposed draft of new treaty, which Moscow and the breakaway region intend to sign this year.

Text of the draft “Agreement Between the Russian Federation and the Republic of Abkhazia on Alliance and Integration” was made public after it was posted on a website of official Abkhaz news agency Apsnipress on October 13.

Before the text was released, Abkhaz leader, Raul Khajimba, met with members of the breakaway region’s parliament and asked them “to prepare their remarks and proposals” on the draft agreement, which was presented to Sokhumi by Russia.

“Discussion of the document and elaboration of [Sokhumi’s] proposals will proceed in the atmosphere of openness and with taking into consideration interests of the Abkhaz people,” Khajimba told lawmakers, according to his press office.

Russian daily, Vedomosti, reported quoting unnamed Kremlin source, that Moscow thinks most of the clauses of the proposed draft will not cause negative reaction from Sokhumi, as it “broadens and complements” already existing comprehensive agreement on cooperation with Abkhazia and does not infringe Abkhazia’s sovereignty and independence.

According to the draft, key directions of “cooperation, integration and partnership” are: carrying out mutually agreed foreign policy; creation of “common defense and security space”, and creation of “common social and economic space.”

Defense and Security

According to the draft, creation of “common security and defense space” entails establishment of “common defense infrastructure”; setting up of “combined group of forces” for the purpose of “repelling aggression”, and joint measures for border protection.

The draft agreement has a collective defense clause, according to which attack against one shall be considered an attack against another and they should provide “necessary assistance”, including military, to each other in case of such attack.

Within a year after entry into force of the agreement, Moscow and Sokhumi have to create Combined Group of Forces of the Russian and Abkhaz armed forces with its joint command, as well as joint defense infrastructure, according to the draft.

Russia will appoint commander of the Combined Group of Forces in the time of war or when there is an “immediate threat of aggression,” according to the draft treaty.

The draft agreement envisages “gradual unification of standards” of command and control systems, logistics, as well as salaries of Abkhaz servicemen with those of the Russian armed forces within three years after the entry into force of the treaty.

Russia undertakes commitment to fund these measures.

According to the draft, those residents of Abkhazia, who are Russian citizens – most of the Abkhaz residents are Russian passport holders – will have the right to join the Russian forces, stationed in Abkhazia, on contract basis.

Border Protection, Law Enforcement

According to the draft, Moscow offers Sokhumi to provide “complete freedom of movement across the Russian-Abkhaz state border. But the draft treaty also says that this measure should be subject to unspecified “restrictions, imposed for security reasons.”

New Abkhaz leader, Raul Khajimba, has been calling for easing border crossing with Russia and, on the other hand, for tightening of control on border with Georgia, including through closing down all but one crossing points on Enguri river, which divides the breakaway region from rest of Georgia.

In this section of the draft treaty, Russia reiterates its commitment to provide assistance in protection of the Abkhaz “state border” with Georgia, and also offers to “gradually” cut manpower and other resources now available for protection of the Russian-Abkhaz border and to redirect these resources on boosting protection of the Abkhaz-Georgian border.

The Russian-proposed draft also offers “joint control” on movement of people, transport and cargo at entry points in Abkhazia, including at ports.

The draft treaty also offers setting up of Joint Coordinating Center of the Russian and Abkhaz law enforcement agencies within a year after entry into force of the agreement for the purpose of fighting “crime and extremism” on the territory of Abkhazia.

‘Harmonization with Eurasian Union’

According to the draft, within 18 months after the entry into force of the agreement, Sokhumi will have to put its customs legislation in line with regulations of the Russian-led Eurasian Economic Union.

Abkhazia will also have to “harmonize” its budgetary and tax legislation with the Russian one within three years after the entry into forces of the agreement, according to the draft.

Social Protection, Pensions and Healthcare

According to the draft, Russia takes commitment to “co-finance” gradual increase of salaries of employees of the state-funded entities in Abkhazia, including in healthcare, education, social service, culture sectors. Average salaries in these state-funded entities, according to the draft agreement, should be increased to the amount existing in Russia’s Southern Federal District.

Russia will also fund, according to the draft, gradual increase of pensions for Russian citizens, residing in Abkhazia (most of the residents in the breakaway region are Russian passport holders).

This increase, which should take place within three years after the entry into force of the agreement, should aim at bringing monthly pensions in Abkhazia to the level existing in Russia’s Southern Federal Districts.

According to the draft, within three years after the entry into force of the agreement, Sokhumi should “create all the necessary conditions” for making Russian citizens, residing in Abkhazia, part of Russia’s federal compulsory health insurance system, which will allow them to have access to Russian-funded healthcare services in Russia.

Foreign Policy

In foreign policy direction, Russia pledges to take efforts for “broadening” international recognition of Abkhazia and for “creating preconditions” to help Abkhazia become a member of the international organizations.

Apart of Russia, Abkhazia is now recognized only by Nicaragua, Venezuela and Nauru.