GENERAL ASSEMBLY ADOPTS RESOLUTION RECOGNIZING RIGHT OF RETURN BY REFUGEES, INTERNALLY DISPLACED PERSONS TO ABKHAZIA, GEORGIA
United Nations General Assembly
15 May 2008
Sixty-second General Assembly
Plenary
97th Meeting (AM)
In a recorded vote of 14 Member States in favour to 11 against and
105 abstaining, the sixty-second session of the General Assembly today
recognized the right of all refugees and internally displaced persons
and their descendants, regardless of ethnicity, to return to Abkhazia,
Georgia. (See annex for voting details.)
Deeply concerned by the demographic changes resulting from the
conflict in Abkhazia, Georgia, and regretting any attempt to alter the
pre-conflict demographic composition there, the Assembly underlined
the urgent need for the rapid development of a timetable to ensure
the prompt voluntary return of all refugees and internally displace
persons to their homes.
Also by the text, the Assembly emphasized the importance of preserving
the property rights of refugees and internally displaced persons,
including victims of reported ‘ethnic cleansing’, and called upon all
Member States to deter persons under their jurisdiction from obtaining
property within the territory of Abkhazia, Georgia, in violation of
the rights of returnees.
Introducing the draft resolution (document A/62/L.45), the
representative of Georgia said that more than 500,000 people of
various ethnic origins were suffering a humanitarian disaster as a
consequence of the conflict. There had been ‘complete ethnic cleansing’
of the Georgian population from Abkhazia, Georgia, and for more than
14 years, the people who had fled their homes were forced to live
with a growing sense of hopelessness. By challenging the status quo,
Georgia was striving to create new ways to bring about a lasting
resolution to the conflict.
In explanation of his country’s negative vote, the representative
of the Russian Federation said that the draft, while addressing a
humanitarian problem, took a political approach to the conflict. If
adopted, the text would destabilize United Nations conflict-resolution
activities, because the problem of return, while important, was not
the only one. The draft had separated the issue of return from related
tasks for achieving peace in the region and made the resolution of
the problem more difficult. The adoption of a selective resolution
would lead to a worsening of Georgian-Abkhaz relations.
Calling on Member States to support the resolution, the representative
of Ukraine said conflicts in the region remained major impediments
to the democratic and economic development of Azerbaijan, Moldova
and Georgia. They must be settled through unconditional recognition
of the principles of territorial integrity and human rights. It was
dangerous to assume, as had been insinuated, that the recent tensions
around Abkhazia were a result of developments in Kosovo. Instead, they
were a result of the criminal policies of the former Soviet Union,
which had established an environment of mistrust.
In explaining their abstentions, other representatives said they
supported the return of the internally displaced persons and
refugees, and recognized Georgia’s sovereignty and territorial
integrity. However, the matter had already been addressed by the
Security Council in its resolution 1808 (2008) and all parties should
refrain from any actions that could lead to an increase in tensions
in the region while pursuing a peaceful resolution of the conflict.
At the outset of the meeting, Hjálmar W. Hanneson ( Iceland), Assembly
Vice-President, extended condolences to the Governments and people
of Myanmar and China for the tragic loss of life and material damage
resulting from the recent cyclone and earthquake that, respectively,
had struck the two countries. It was to be hoped that the international
community would show its solidarity.
The Assembly was also informed that Benin had made the necessary
payment to reduce its arrears below the amount specified in Article
19 of the United Nations Charter.
Other speakers today were the representative of Azerbaijan, China,
Armenia, Germany, Italy, Turkey, France, United Kingdom, Japan,
Panama and Viet Nam.
Background
The General Assembly convened this morning to consider protracted
conflicts in the GUAM ( Georgia, Ukraine, Azerbaijan, Moldova)
area and their implications for international peace, security and
development. It was also expected to take action on a related draft
resolution.
Statements
IRAKLI ALASANIA (Georgia), introducing a draft resolution on the
‘status of internally displaced persons and refugees from Abkhazia,
Georgia’ (document A/62/L.45), drew attention to the fact that
more than 500,000 people of various ethnic origins were suffering
a humanitarian disaster today as a consequence of the conflict in
Abkhazia, Georgia. Those forced into exile had been denied access
to their homes and those who had stayed were exposed to constant
fear of insecurity and poverty. The draft resolution was designed to
reinforce an ongoing settlement process and address concerns of both
sides in the conflict. Protection of the rights of all residents who
continued to live in Abkhazia, Georgia, was of paramount value, and
the right to return of all refugees and internally displaced persons
must be reaffirmed.
Describing the ‘complete ethnic cleansing’ of the Georgian
population from Abkhazia, Georgia, he said the draft recalled the
‘ethnic cleansing’ reported by the Organization for Security and
Cooperation in Europe (OSCE). Although ethnic cleansing had been
ruthlessly conducted against Georgians, other nationalities had also
been forced to flee the region. For more than 14 years, those who
had fled their homes were still forced to live with a growing sense
of hopelessness. As some people had illegally acquired private and
public properties in the territory, those illegal actions should be
condemned and treated accordingly.
Stressing that a house divided against itself could not stand, he
said unification had become the guiding principle of the Georgian
Government, in full cooperation with the United Nations. By challenging
the status quo, Georgia was striving to create new ways to bring about
a lasting resolution to the conflict. Recent Georgian peace initiatives
included proposals for the constitutional protections of Abkhaz rights.
He said the conflict in Abkhazia had illustrated how Georgia had
become the outstanding historical example of how externally generated
and meaningless conflicts in the Caucasus had been maintained in a
frozen state to subdue and control the people of Georgia. The only
lesson learned was that war and oppression bred only a radical and
violent reaction to fight back. Only direct and sincere talks among
the aggrieved parties — in which feelings would be conveyed without
rancour, hostility or bitterness — could guide the opposing sides
towards peaceful coexistence.
AGSHIN MEHDIYEV ( Azerbaijan) said that both cases of displacement in
the GUAM area had many similarities and indicated the seriousness of
the situation about which his country had warned the international
community for the past 15 years. Such situations were a threat not
only to stability in the region, but to the entire world. They had both
started because of aggressive separatism with the aim of using force to
change fundamentally the affected territories’ demographic composition.
The only way to reach a just and comprehensive settlement of
both situations, he said, was an approach based on full respect
for the letter and spirit of international law; respecting the
territorial integrity of Azerbaijan, Georgia and Moldova; returning
displaced persons to their homes; restoring the pre-war demographic
composition of the affected areas; and providing normal, secure and
equal conditions of life for all communities involved. Any other
approach would be tantamount to accepting the consequences of ethnic
cleansing and other serious violations of the rule of law and human
rights. Azerbaijan supported fully the draft resolution submitted
by Georgia.
YURIY SERGEYEV ( Ukraine) said the conflicts under discussion
remained major impediments to the democratic and economic development
of Azerbaijan, Moldova and Georgia, and must be settled through
unconditional recognition of the principles of territorial integrity
and human rights. It was dangerous to assume, as had been insinuated,
that the recent tensions around Abkhazia, Georgia, were a result
of developments in Kosovo. Instead, they were a result of the
criminal policies of the former Soviet Union, which had established
an environment of mistrust. The Russian Federation continued that
notorious tradition by inserting separatism into the GUAM region, and
the recent Russian decisions to upgrade relations with Abkhazia and
South Ossetia were a cause of particular concern, as they undermined
peace processes and contradicted the Russian Federation’s mediation
role.
There was, therefore, an urgent need to change the climate of the peace
negotiations in those conflicts, he said. The GUAM States were ready
to cooperate actively and constructively with the United Nations,
OSCE, the European Union and the mediator States. The international
community should call on the Russian Federation to review its policy in
the area and build bilateral relations on the basis of international
law and its role as mediator. Ukraine called upon Member States to
support the draft resolution submitted by Georgia.
ZHENMIN LIU ( China) said his country respected Georgia’s territorial
integrity and understood its concerns about the internally displaced
persons and refugees affected by the conflict situation. All parties
concerned should, therefore, comply with Security Council resolution
1808 (2008) and make all efforts to settle the conflict peacefully.
Action on Draft Resolution
The representative of Armenia, speaking in explanation of position
before the vote, reminded the Assembly that his country had opposed
inclusion of the item on the agenda because it was irrelevant. Armenia
would not support the draft. Refugees and internally displaced persons
were the most tragic outcome of any conflict and the internally
displaced Abkhazians were of particular concern to Armenia, as tens
of thousands of Armenians had previously lived in that area. In
the mid-1990s, attempts had been made to settle the returnees, but
those efforts had fallen short of expectations because the matter
had been taken up before the core issues were addressed. Neglecting
to resolve the fundamental problems in a comprehensive manner was
counterproductive and could endanger the conflict-resolution process.
The representative of the Russian Federation expressed regret that
Georgia had put the draft resolution forward, although it did not
affect Russian-Georgian relations. While addressing a humanitarian
problem, the text took a political approach to the conflict, giving a
distorted impression and failing to address the background. Georgia
had not followed up on recommendations made by the Office of the
United Nations High Commissioner for Refugees.
He said the draft resolution was meant to put pressure on the
Abkhaz side to settle political problems. If adopted, it would
destabilize United Nations activities in settling the conflict,
because the problem of return, while important, was not the only
one. The text separated the issue of return from related tasks of
achieving peace in the region and made the search for a solution more
difficult. The draft also failed to take into account the rights of
other nationalities who had lost property and been displaced. The
adoption of a selective resolution would lead to a worsening in
Georgian-Abkhaz relations. Georgia had not held consultations and had
issued the text only yesterday, giving little time to study it. The
draft resolution was counterproductive and would lead to increased
tensions in the region. There was not alternative but to put the
draft to a vote and to vote against it.
In a recorded vote of 14 in favour to 11 against, with 105 abstentions,
the General Assembly then adopted the text. (See Annex)
The representative of Germany, speaking in explanation of position,
said he absolutely supported the swift return of internally displaced
persons and refugees, but had abstained because the text ignored many
other aspects of the situation. As head of the Group of Friends of
Georgia, Germany would continue to support a peaceful resolution of
the issue, based on the territorial integrity of Georgia, dialogue,
mutual trust and agreement.
The representative of Italy, reiterating his country’s commitment
to the territorial integrity and sovereignty of Georgia, called
on all parties to refrain from any actions that could lead to an
escalation of violence, and to pursue a peaceful resolution of the
conflict. Italy supported confidence-building measures for the region,
but had abstained from the vote because the subject matter was under
consideration by the Security Council, which took up the matter on
a consistent basis in light of its resolutions.
The representative of Turkey also reiterated his country’s commitment
to the territorial integrity and sovereignty of Georgia and to efforts
towards a peaceful settlement of the conflict. Turkey was seriously
concerned about recent events that had raised tensions and called on
all parties to shun escalation and pursue a peaceful resolution. Turkey
stood ready to assist in that effort.
The representative of France reiterated his country’s support for
Georgia’s territorial integrity and its commitment to the return of
displaced persons and their property rights. The Security Council was
seized of the question of their return and a commitment by the parties
to work together on the matter would help resolve the conflict. France
had abstained from the vote because it did not believe the initiative
would achieve crucial humanitarian and political objectives.
The representative of the United Kingdom said she had abstained
from the vote although her country was greatly concerned about the
return of internally displaced persons and refugees. The United
Kingdom reiterated its support for Georgia’s territorial integrity
and a peaceful resolution of the conflict through dialogue between
the parties.
The representative of Japan said he had abstained from the vote
because of the various implications it could pose. Japan remained
strongly interested in the plight of the internally displaced persons
and had steadfastly supported Georgia’s territorial integrity and a
peaceful resolution of the conflict, along with the efforts of the
Group of Friends.
The representative of Panama, affirming all rights of refugees and
internally displaced persons, said he was concerned that the draft
focused on one party, something that could worsen the tension in the
region. Article 12 of the United Nations Charter stipulated that,
while the Security Council was considering a situation, the Assembly
would not make recommendations. Although that provision had recently
been interpreted flexibly, given the gravity of the security situation,
Panama preferred interpretation according to the letter of the text.
The representative of Viet Nam said he supported efforts to settle
the conflict and, in that spirit, called upon the parties to
exercise restraint and refrain from any actions that could increase
tensions. Japan had abstained from the vote because the text contained
elements that could increase tensions.
ANNEX
Vote on Abkhazia, Georgia
The draft resolution on the status of internally displaced persons and
refugees from Abkhazia, Georgia (document A/62/L.45), was adopted by
a recorded vote of 14 in favour to 11 against, with 105 abstentions,
as follows:
In favour: Albania, Azerbaijan, Czech Republic, Estonia, Georgia,
Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Sweden, Ukraine,
United States.
Against: Armenia, Belarus, Democratic People’s Republic of Korea,
India, Iran, Myanmar, Russian Federation, Serbia, Sudan, Syria,
Venezuela.
Abstain: Algeria, Andorra, Argentina, Australia, Austria, Bahamas,
Bahrain, Bangladesh, Belgium, Bhutan, Bolivia, Bosnia and Herzegovina,
Botswana, Brunei Darussalam, Bulgaria, Burkina Faso, Canada, Chile,
China, Colombia, Comoros, Congo, Costa Rica, Cyprus, Denmark, Djibouti,
Dominican Republic, Ecuador, Egypt, El Salvador, Finland, France,
Germany, Ghana, Greece, Guatemala, Guinea, Guyana, Haiti, Honduras,
Iceland, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Jordan,
Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lesotho, Liberia, Libya,
Liechtenstein, Luxembourg, Madagascar, Malaysia, Maldives, Malta,
Mauritius, Mexico, Moldova, Monaco, Mongolia, Montenegro, Morocco,
Mozambique, Namibia, Nepal, Netherlands, New Zealand, Nicaragua,
Nigeria, Norway, Pakistan, Panama, Peru, Philippines, Portugal, Qatar,
Republic of Korea, San Marino, Saudi Arabia, Senegal, Singapore,
Slovenia, South Africa, Spain, Sri Lanka, Swaziland, Switzerland,
Thailand, The former Yugoslav Republic of Macedonia, Togo, Tunisia,
Turkey, United Arab Emirates, United Kingdom, Uruguay, Uzbekistan,
Viet Nam, Yemen, Zambia.
Absent: Afghanistan, Angola, Antigua and Barbuda, Barbados, Belize,
Benin, Brazil, Burundi, Cambodia, Cameroon, Cape Verde, Central African
Republic, Chad, Côte d’Ivoire, Croatia, Cuba, Democratic Republic
of the Congo, Dominica, Equatorial Guinea, Eritrea, Ethiopia, Fiji,
Gabon, Gambia, Grenada, Guinea-Bissau, Iraq, Kiribati, Lao People’s
Democratic Republic, Lebanon, Malawi, Mali, Marshall Islands,
Mauritania, Micronesia (Federated States of), Nauru, Niger, Oman,
Palau, Papua New Guinea, Paraguay, Rwanda, Saint Kitts and Nevis,
Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and
Principe, Seychelles, Sierra Leone, Solomon Islands, Somalia, Suriname,
Tajikistan, Timor-Leste, Tonga, Trinidad and Tobago, Turkmenistan,
Tuvalu, Uganda, United Republic of Tanzania, Vanuatu, Zimbabwe.
–Boundary_(ID_7vl8Ft18irz+bxyhNcrAuw)- –