მგონი დროა ასეთი დოკუმენტები ცალკე თემად იდებოდეს
რაღაც ისევ სანქციისკენ იხრებიან - რუსეთის გარიცხვაზე შეიძლება საუბარი წავიდეს.
http://www.coe.int/t/dc/press/News/20080926_rapportNY_en.aspCouncil of Europe
Committee of Ministers
The Chairman
Report by the Chairman of the Committee of Ministers
in view of the Informal Meeting of Ministers for Foreign Affairs
of the Council of Europe
(New York, 24 September 2008)
The conflict in the Caucasus, within Georgia and between the Russian Federation and Georgia, is a serious challenge to the Council of Europe and the values for which it stands.
There have been violations of the Statute of the Organisation as well as the obligations and commitments undertaken by member states.
The undertaking to settle disputes by peaceful means, specified in the commitments made at the accession of both the Russian Federation and Georgia, has been ignored. The Statute’s fundamental principles of co-operation and respect for international law - in particular state sovereignty, the right to territorial integrity and the inviolability of frontiers of states - have been infringed through military action.
The Committee of Ministers is the collective guarantor of the Statute of the Council of Europe. The Swedish Chairmanship has therefore decided to convene an informal extraordinary meeting of Ministers for Foreign Affairs of member states in order to ascertain the views of member states with regard to the further handling of the crisis in the Council of Europe.
1. Actions taken by the Council of Europe
On 9 August, Mr. Carl Bildt made a statement in his capacity as Chairman of the Committee of Ministers of the Council of Europe. The Chairman urged i.a. the Russian Federation, Georgia and the separatist South Ossetian and Abkhaz administrations to immediately enter into a cease-fire, in order to stop hostilities, and called upon the parties to agree to direct talks and to cooperate in international efforts to achieve such a cease-fire. He stressed that the suffering of the civilian population must be brought to an immediate end. The Chairman went on to say that the use of violence contradicts the principles of the Council of Europe and violates commitments to peaceful settlement of conflicts, which are fundamental for achieving the aims of the Organisation. The territorial integrity and sovereignty of Georgia must be respected, and all actors on the ground have an obligation to respect the principles of distinction and proportionality, as laid down by international law.
The Chairman also deeply deplored the military action taken by the Russian Federation towards Georgia, and stressed that the reasons cited by the Russian authorities do not justify military action within Georgia’s territory, regardless of whether the action is taken in the province of South Ossetia or in other parts of Georgia.
In a second statement on 11 August, Mr Bildt recalled that the peaceful resolution of conflicts is a general principle of the Council of Europe and that both Georgia and the Russian Federation had committed themselves, when they joined the Organisation, to settle all conflicts by peaceful means. He emphasised that this commitment had to be respected, and so must the territorial integrity and sovereignty of Georgia. He urged once again all parties to immediately enter into a cease-fire.
On 11 to 13 August Mr Bildt visited Tbilisi together with the Secretary General. The purpose of the trip was to gather first hand impressions of the conflict and to meet with the Georgian government as well as representatives of international organisations, to discuss the crisis and the role of the Council of Europe.
The Chairman of the Committee of Ministers also planned to visit Moscow, together with the Secretary General, in order to obtain more complete information about the crisis. However, the Russian Government informed the Chairman that it could not receive him.
During their visit in Tbilisi, Mr Bildt and the Secretary General had meetings with the Georgian President, Mr. Mikhail Saakashvili; the Georgian Foreign Minister, Ms. Eka Tkeshelashvili; the Head of the OSCE mission to Georgia, Ms. Terhi Hakala; the Special Representative of the UN Secretary General, Mr. Jean Arnault and the IMF representative to Georgia, Mr. Robert Christensen. The Secretary General also had a meeting with the Georgian delegation to the Parliamentary Assembly.
In his meetings, Mr Bildt recalled the different obligations and commitments that both Georgia and the Russian Federation had made when joining the Council of Europe. The interlocutors gave their assessment of the background and the build-up of the crisis as well as of the situation as it presently stood.
Following the Russian Federation’s recognition of Abkhazia and South Ossetia, the Chairman of the Committee of Ministers of the Council of Europe made a statement, in which he condemned this decision and underlined that it seriously jeopardised the possibility of a peaceful resolution of the conflict in line with the principles of international law, and blatantly contradicted the fundamental principles of the Council of Europe, the commitments taken by the Russian Federation towards, the Council of Europe, as well as the repeated assurances given by the Russian authorities in favour of the full respect of the territorial integrity and sovereignty of Georgia.
On 15 September, Mr Bildt together with the OSCE Chairman-in- Office, Foreign Minister of Finland Mr Alexander Stubb, called for a strict adherence to the six-point ceasefire agreement. They noted that it is fundamental that the Russian troops return to their positions held prior to 7 August. They also expressed their strong support for the activities already undertaken by the Council of Europe and the OSCE. Furthermore, they agreed on the importance of continuing to assess the overall human rights situation in the war-affected areas, including South Ossetia and Abkhazia.
They also recalled that as member states of the Council of Europe and participating states of the OSCE, both Russia and Georgia are bound by human rights obligations and commitments, which must be respected in all circumstances.
The Ministers’ Deputies met on 3 September to discuss the conflict in Georgia and to review the situation. The Deputies were also informed about action taken or planned by the Chairman of the Committee of Ministers and the various Council of Europe bodies, such as the Parliamentary Assembly, the Commissioner for Human Rights, the European Court of Human Rights and the Council of Europe Development Bank, since the outbreak of the conflict. The discussions continued on 11 and 16 September.
The Commissioner for Human Rights visited the region from 22-29 August, focusing particularly on the situation of refugees and displaced persons. The Human Rights Commissioner was acting pursuant to his mandate and in compliance with the Committee of Minister’s Declaration on the protection of human rights during armed conflict, internal disturbances and tensions. He published his report on 8 September. He identified a set of six principles for the urgent protection of human rights and humanitarian security, and stressed the need for support for the action carried out by other international organisations. He also highlighted the need for specialised human rights monitors who could operate in coordination with the domestic ombudsmen. He will make another visit to the region from 25-28 September.
The Parliamentary Assembly has also reacted to the crisis. Several statements were made by the President of the Assembly during August 2008. The co-rapporteurs on Georgia of the Monitoring Committee of the Parliamentary Assembly, Mr Mátyás Eörsi and Mr Kastriot Islami, visited the country on 19 and 20 August. A parallel visit by one of the co-rapporteurs for Russia, Mr Luc Van den Brande, was carried out the same week.
The Parliamentary Assembly has also decided to send a fact-finding mission, composed of 9 parliamentarians, to visit the two member states to gather information on the ground on the current situation. The mission was initiated with a view to identifying proposals for possible future action, in the perspective of an urgent debate to be held during the Assembly’s autumn session (Strasbourg, 29 September–3 October) on "the consequences of the war between Georgia and Russia".
The President of the Congress of Local and Regional Authorities Mr Yavuz Mildon visited Georgia from 9 to 11 September. He also had discussions with the President of the Russian Federation Council on 17 September in St Petersburg.
On 12 August 2008, at the request of the Georgian Government, the President of the European Court for Human Rights, acting as President of Chamber, decided to apply Rule 39 of the Rules of the Court (interim measures) considering that the current situation gives rise to a real and continuing risk of serious violations of the Convention. With a view to preventing such violations and pursuant to Rule 39, the President called upon both the High Contracting Parties concerned to comply with their engagements under the Convention particularly in respect of Articles 2 and 3 of the Convention. In accordance with Rule 39 para.3, the President of the Court further requested both Governments concerned to inform the Court of the measures taken to ensure that the Convention is fully complied with. Both countries have replied to this request. Georgia has opened a second inter-governmental case against the Russian Federation.
The Council of Europe Development Bank is considering making a substantial contribution to the efforts by the international community to address the large-scale needs of humanitarian assistance generated by the conflict.
2. General considerations
A. International law
At the outset, it is important to underline that the situation must be viewed in the light of general principles of international law. They include the principle of non-aggression as well as states´ sovereignty and right to territorial integrity. The respect thereof is a core obligation under the Charter of the United Nations Chapter I, article 2 and Chapter VI and form part of member states' general obligations under the Council of Europe´s Statute and standards, as well as commitments made at their accession to the Council of Europe. The same fundamental principles are contained in the Declaration of Principles Guiding Relations between Participating states included in the Helsinki Final Act.
Under international law, the prohibition of the use of force and peaceful settlement of disputes is a key obligation of all members of the United Nations and the members of the Council of Europe. States have an obligation to resort to dispute settlement provided for, in particular, in the Security Council of the United Nations in accordance with the Charter of the United Nations. Whenever a threat to international peace and security arises, the states involved should bring it to the attention of the Security Council. It is then up to the Security Council to decide on measures outlined by the Charter.
Georgia was accepted as a Council of Europe member state in the framework of its internationally recognised borders. South Ossetia as well as Abkhazia are integral parts of Georgia and the military actions undertaken by Georgian forces during the conflict thus concerned Georgian territory. In a letter to the Security Council on 11 August 2008, the Russian Federation stated that the Georgian military actions amounted to ”illegal use of force” triggering the right to self-defence under the UN Charter. The Russian Federation further stated that its military response was proportionate and pursued no other goal but to protect the Russian peacekeeping contingent in South Ossetia and citizens of the Russian Federation.
It is the Chairman's view that the Georgian actions on its territory must be seen in the light of Georgia´s obligations under international human rights and humanitarian law. Allegations have been made that raise serious questions about the compatibility between methods used by Georgia to control its territory and its obligations.
However, the military actions undertaken by Georgia, on its territory, cannot be seen as an aggression towards the Russian Federation which would trigger the latter´s right to self-defence. It is furthermore clear, that since it contravenes International law when a state uses military force to protect its citizens in another state, the Russian large-scale military actions in Georgia can not be justified as self-defence.
The Chairmanship notes that the OSCE High Commissioner on National Minorities has stressed, that one of the bedrocks of international law is that the protection of human rights, including minority rights, is primarily the responsibility of the states where minorities reside. This also holds true in the case of minorities holding dual citizenship. Protecting minority rights is also the responsibility of the international community. However, this does not entitle or imply the right for any state under international law to exercise jurisdiction over people residing on the territory of another state. The High Commissioner further underlined that states should refrain from conferring citizenship en masse to residents of other states, which is in violation of the principles of sovereignty and good neighbourly relations. He also stressed that the presence of one's citizens or "ethnic kin" abroad must not be used as a justification for undermining the sovereignty and territorial integrity of other states.
Nor is the protection of peace-keeping forces as such a basis for the use of force under international law. The use of military force by and in support of peace-keeping forces is governed by the mandate and other rules pertaining to them. The large-scale military action by the Russian Federation against Georgia cannot be justified on these grounds. Serious allegations have been made regarding violations of human rights and humanitarian law, genocide and ethnic cleansing. In this regard the Chairmanship welcomes in particular that the International Court of Justice will shortly give its preliminary observations on the issues related to obligations under the United Nation Convention on the Elimination of All Forms of Racial Discrimination. The Chairmanship also welcomes the role played by the Commissioner for Human Rights and other human right bodies with regard to the respect of human rights and humanitarian law obligations relevant to the conflict.
B. The Council of Europe
Respect for international law, the sovereignty and territorial integrity of its member states is the basis for co-operation within the Council of Europe. Even though security policy and conflict resolution remain largely outside the competence of the Council of Europe, the rule of law, of which international law is a fundamental part, is one of the core principles of the Council of Europe.
In addition to their general obligations under the Statute, the two member states in question also took on particular obligations upon their accession to the Council of Europe. These obligations are laid down in opinions adopted by the Parliamentary Assembly, which the Committee of Ministers is obliged to consult before a country can become a member. They thus form the basis for the invitation to accede and constitute the conditions for membership.
The opinion on the Russian Federation contains i.a. a clear obligation for the Russian Federation to settle international as well as internal disputes by peaceful means, rejecting resolutely any forms of threats of force against its neighbours, and to denounce as wrong the concept of two different categories of foreign countries, whereby some are treated as a zone of special influence called the "near abroad".
The opinion concerning Georgia also refers to its resolve to settle conflicts by peaceful means, as illustrated at that time by the substantial improvement in relation to South Ossetia, and calls upon Georgia to continue these efforts, as well as to accelerate talks on the status of Abkhazia, and to enact within two years of its accession, a legal framework determining the status of the autonomous territories and guaranteeing them broad autonomy. It also expected Georgia to do everything in its power to put a stop to the activities of all armed groups in the conflict zone and to guarantee the safety of i.a. the peace-keeping forces.
Against this background, the actions taken by both countries during the conflict in Georgia are of evident relevance for the Council of Europe and its response to the conflict.
Urgent measures in the areas of competence and expertise of the Council of Europe need to be taken to redress the situation, in the interest of the populations affected by the conflict and in order to restore peace and stability in Georgia, thus enhancing security in the Caucasus and Europe as a whole.
C. The humanitarian situation
The humanitarian situation continues to be serious and requires continued action by all concerned actors, in particular through providing adequate protection of, and assistance to, all persons affected by the conflict. Safe and unimpeded humanitarian access to affected populations is essential.
According to UNHCR, 163,000 people were forced to flee their homes as a result of the conflict. It is not known how many are displaced within South Ossetia. However, 36,000 have fled to North Ossetia in the Russian Federation. Many of those who fled to North Ossetia have already returned, while any return patterns within South Ossetia remain unclear. Of the remaining 127,000 displaced within Georgia - not counting South Ossetia - 68,000 have since returned home. UNHCR and the Georgian government estimates that another 5,000 will go home before the onset of winter.
Out of the 54,000 people who remain displaced in Georgia (not counting South Ossetia) 23,000 will need to be provided with shelter for the winter, but are likely to be able to return home in 2009 after their homes have been rehabilitated. The remaining 31,000 are not expected to be able to return home in the near future. These 31,000 internally displaced persons originate from South Ossetia (22,000), from inaccessible parts of the so-called “buffer zone” (8,000) and from Abkhazia (1,000), and will add to the previous caseload of 223,000 internally displaced from the previous conflict in Abkhazia.
Many of those who fled during and after the hostilities have gone through deeply traumatising experiences. Besides providing adequate relief and support, particular attention needs to be paid to ensuring psychological and psycho-social care to traumatised persons, with special focus on affected children.
In this context the Chairman wishes to recall the principles put forward by the Commissioner for Human Rights.
1) The right to return of those who fled or were displaced must be guaranteed. This requires that their safety is protected and that their homes are made liveable again. The repair of damaged houses is an urgent priority. Affected persons have the right to be informed about relevant developments, their different options, and no one must be returned against their will.
2) Those who fled or were displaced must be ensured adequate living conditions until they can return home. This requires competent coordination of the assistance from both governmental and intergovernmental actors. Not only material needs but also psychological and psycho-social damages must be addressed.
3) The whole area affected by the warfare must be demined. Cluster bombs, mines, unexploded ordnances and other dangerous devices must be located, removed and destroyed. Until this is done the targeted terrain must be marked and the population clearly informed about the dangers. The parties to the conflict need to declare what type of weapons and ammunition were used, when and where. International contribution to this effort will be required and should be welcomed by both parties.
4) Physical assault, torching of houses and looting must be totally stopped and persons responsible for such crimes apprehended and held to account. The problem of the ‘policing vacuum’ in the so-called ‘buffer zone’ between Tskhinvali and Karaleti must be resolved urgently.
5) Prisoners of War, other detainees and persons stranded in unsafe situations must be protected and rescued through continued humanitarian efforts. The established mechanism for dialogue and mutual exchanges of such cases – which the Commissioner assisted during his visit - should be kept in place and fully supported, also by the international community. There is a need to establish a coordinated system for assembling and acting upon information on missing persons.
6) International presence and assistance are needed in the area affected by the conflict. The programs of UNHCR, UNICEF, ICRC and other agencies should be supported and the OSCE be given authority and resources to expand its mission. Apart from cease-fire observers and police presence, there is a need for specialised human rights monitors who could also operate in coordination with the domestic ombudsmen. The protection of minorities must be a key priority and positive inter-community relations must be encouraged.
3. Possible action by the Council of Europe
Considering the state of affairs described above, business as usual is not an option for an organisation designed to be the guardian of human rights and the rule of law. If we want the organisation to remain credible and relevant, the Council of Europe has to react whenever member states infringe upon their obligations under the norms and standards of the Council of Europe and under international law.
It is up to the Committee of Ministers to formulate the policy of the Organisation, develop the necessary measures and monitor their implementation, taking into account the mandate of the Council of Europe and the Organisation’s expertise as well as activities of other international organisations and developments with regard to the conflict in Georgia.
The following measures could be considered by the Committee of Ministers and member states.
* Article 8 of the Statute provides for a two-fold sanction against a member state which has seriously violated Article 3: the Committee of Ministers may suspend the rights of representation of the state concerned, and it may invite the state concerned to withdraw from the Organisation. The Parliamentary Assembly shall be consulted if the Committee of Ministers intends to invite a member of the Council of Europe to withdraw. Article 8 has been discussed seriously on two occasions since the inception of the Council of Europe. It should be recalled that the Parliamentary Assembly can act on its own initiative, and withdraw or deny the credentials or suspend the right of vote of the delegation of a member state in the Assembly. * As member states of the Council of Europe and in fulfilment of their obligations undertaken when joining the Council of Europe, both Georgia and the Russian Federation are Parties to the European Convention on Human Rights (ECHR). Any member state may refer a case of violation to the Court.
* Other member states may intervene in a case before the Court, or open other cases against a member state. The Committee of Ministers has the responsibility to monitor the implementation of the Court's judgments.
The Committee of Ministers could also consider a number of other measures, based not least on member states’ commitments to the Organisation with focus on the core objective of the Council of Europe of preserving and promoting human rights, democracy and the rule of law. The urgent humanitarian needs should also be taken into account. The measures should seek to respond to the serious consequences of the conflict, and support efforts for conflict resolution and reconciliation.
1. Enhanced monitoring of the implementation by the member states concerned of their obligations and commitments to the Council of Europe could be introduced. The scope of such enhanced monitoring could focus on the actions that the member states concerned have taken in the conflict area during the present conflict.
A procedure for monitoring the obligations of Georgia already exists in three areas (law enforcement, functioning of democratic institutions and return of Meshkhetians). No similar procedure under the Committee of Ministers exists in respect of the Russian Federation. Enhanced monitoring should be underpinned by adequate resources and field presence.
The monitoring results should serve as a basis for the Committee of Ministers to decide upon increased co-operation and assistance in order to ensure respect for Council of Europe principles and standards, particularly in areas where more progress is needed.
2. A plan for rapid action focusing on human rights monitoring and protection could be developed in the fields of expertise of the Council of Europe. In this context, the efforts of the Commissioner for Human Rights warrant support. The Committee of Ministers could also encourage the Commissioner for Human Rights to continue paying attention to the situation in the region and to act whenever action is called for under his mandate. These efforts must be supported by relevant means.
3. The international efforts to resolve the conflict in Georgia could be supported by the Council of Europe, not least through its different mechanisms to foster human rights, including the rights of persons belonging to national minorities, democracy and the rule of law.
4. The possibilities to enhance co-operation and political dialogue between the Council of Europe and Georgia and the Russian Federation, respectively, should be examined in order to improve the situation regarding human rights, democracy and the rule of law.
5. Finally, the Committee of Ministers could also address an invitation to the Council of Europe Development Bank to consider possible measures to assist refugees and internally displaced persons, as well as other forms of support to the population in the area.
The Chairmanship intends to maintain close contacts in this matter with other bodies in the Council of Europe. It will also stay in close contact with relevant international organisations, like the United Nations, the Organization for Security and Cooperation in Europe and the European Union. A High Level meeting with the OSCE was held on 15 September. A quadripartite meeting with the European Union will take place on 20 October.
People with no morals often considered themselves more free, but mostly they lacked the ability to feel or love - Charlez Bukowski
ევროკავშირის მინისტრთა კომიტეტის მოხსენება, რაღაც ისევ სანქციისკენ იხრებიან - რუსეთის გარიცხვა
