CHAPTER 8
Nagorno-Karabakh
Georgia (Abkhazia, South Ossetia)
Recommendations for a Constitutional Settlement in Azerbaijan and Georgia

NAGORNO-KARABAKH
1. The former Nagorno-Karabakh Autonomous Oblast will remain within the Republic of Azerbaijan as a self-governing autonomy (henceforth, self-governing republic). It shall be called the Republic of Nagorno-Karabakh.
2. The capital of the Republic of Nagorno-Karabakh will be the city of Stepanakert.
3. The Republic of Nagorno-Karabakh will not be entitled to membership of international organisations such as the United Nations (UN), Organisation for Security and Cooperation in Europe (OSCE) or the Council of Europe.
4. The Republic of Nagorno-Karabakh will have the right to establish their own missions abroad. The missions of the Republic of Nagorno-Karabakh will be separate from the missions of the Republic of Azerbaijan. States, however, will not have the right to establish their own separate missions in the Republic of Nagorno-Karabakh. States will have the right to establish sub-missions in the Republic of Nagorno-Karabakh, subordinate to their mission in the Republic of Azerbaijan, provided, in each case, the consent of the government of the Republic of Nagorno-Karabakh has been received.
5. The Republic of Nagorno-Karabakh will have the right to sign and ratify international treaties separate from the Republic of Azerbaijan. International treaties ratified by the Republic of Azerbaijan will not have the force of law in the Republic of Nagorno-Karabakh unless the Republic of Nagorno-Karabakh's parliament, the Assembly, expresses its consent to be bound. International treaties will be signed by the President of the Republic of Nagorno-Karabakh and
ratified by the Assembly.
6. The Republic of Nagorno-Karabakh will have the right to sign agreements with other States. These agreements, however, should in no way affect the territorial integrity of the Republic of Azerbaijan as a whole.
7. The Republic of Nagorno-Karabakh and the Republic of Azerbaijan shall remain neutral.
8. The territory of the Republic of Nagorno-Karabakh consists of the territory of the former Nagorno-Karabakh Autonomous Oblast, plus the district of Shahumian. The Republic of Azerbaijan (successor to the Azerbaijan Republic) consists of that territory, apart from that previously mentioned, that formed the Azerbaijan Soviet Socialist Republic.
9. The Republic of Nagorno-Karabakh will have the right to adopt its own constitution. It will, also, have its own separate flag, anthem, emblem and other republican symbols. The Republic of Nagorno-Karabakh may not, however, have an identical flag or the same anthem as any other State.
10. The flag, national anthem, emblem and other State symbols of the Republic of Azerbaijan need not be portrayed in the Republic of Nagorno-Karabakh. Their portrayal, alongside the equivalents of the Republic of Nagorno-Karabakh, is a matter of choice for the central/local authorities of the Republic of Nagorno-Karabakh. The central authorities, however, may not prevent the local authorities from portraying any of these.
11. The official language in the Republic of Nagorno-Karabakh will be Armenian. However, local authorities will have the right to adopt the Azerbaijani language as an official language in the relevant locality alongside the Armenian language.
12. The Armenian language will be a compulsory subject in all schools in the Republic of Nagorno-Karabakh. However, local authorities will have the right to teach the Azerbaijani language as the main language of instruction where requested. Tn those schools, a minimum number of hours per week will be taught in the Armenian language. This number will be determined centrally (however, it may not be less than 20% and not more than 30%). The Russian language will also be a compulsory subject in all schools in the Republic of Nagorno-Karabakh. In those localities where the population is mixed, it will be the responsibility of the local authorities, in consultation with the centre, to ensure that the ethnic diversity is respected in the provision of schools. For the time being, there shall be no mixed schools in the Republic of Nagorno-Karabakh.
13. All refugees/internally displaced persons, of whatever nationality, will be entitled to return to their former homes. Families/persons who have settled in the homes of refugees/internally displaced persons will not have title over that property and will have to be accommodated by the central authorities elsewhere within the Republic of Nagorno-Karabakh.
14. The return of refugees/intern ally displaced persons will be supervised by the Office of the United Nations High Commissioner for Refugees and an international representative, based in Stepanakert, who will oversee their return to their former homes. Temporary provision will be made for those unable, for the time being, to return to their former homes.
15. The Republic of Nagorno-Karabakh will be a sovereign, self-governing republic. It will have its own currency, its own Central Bank, the right to levy taxes and adopt its own budget.
16. The Republic of Nagorno-Karabakh will not be obliged to convey any of its tax revenue to the Republic of Azerbaijan. The Republic of Azerbaijan will have no control over the adoption or implementation of the budget of the Republic of Nagorno-Karabakh. The Republic of Nagorno-Karabakh's Central Bank will be responsible for the exercise of monetary policy, including the issuing of its own notes and coinage, management of reserves, debt servicing, rates of interest (etc.).
17. The Republic of Nagorno-Karabakh may issue its own particular notes and coinage. However, the currency may not share the same exchange rate with the currency of any other State, apart from, if it so wishes, that of the Republic of Azerbaijan. The Republic of Azerbaijan will not have any responsibility towards the Republic of Nagorno-Karabakh in regard to the management and supply of reserves or the management/offsetting of debt. It will be the responsibility of the government of the Republic of Nagorno-Karabakh to ensure the mutual convertibility of its currency (including with the Manat) [I].
18. The Republic of Nagorno-Karabakh will not be responsible for the management and supply of reserves or the management/offsetting of debt of the Republic of Azerbaijan.
19. The Republic of Nagorno-Karabakh shall not be responsible for debts accrued during the period of the Azerbaijan Republic (the successor to the Azerbaijan Soviet Socialist Republic).
20. The President of the Republic of Nagorno-Karabakh shall be elected every five years. Tt shall be the responsibility of the President of the Republic of Nagorno-Karabakh to form a government.
21. The government of the Republic of Nagorno-Karabakh will consist of a Prime Minister, 2 Deputy Prime Ministers and other republican ministers. The government of the Republic of Nagorno-Karabakh, however, may consist of no more than 20 members. The government of the Republic of Nagorno-Karabakh must consist of at least 4 ethnic Azeris, of which at least one must hold the position of Deputy Prime Minister.
22. The President of the Republic of Nagorno-Karabakh may only be an ethnic Armenian.
23. The parliament of the Republic of Nagorno-Karabakh, the Assembly, shall be the sole legislative body. Election to the Assembly of the Republic of Nagorno-Karabakh shall be every five years according to a list system. Representatives from the Armenian community will be elected from a list separate to that of the Azerbaijani community. At least 20% of MPs of the Assembly of the Republic of Nagorno-Karabakh will be elected from the Azerbaijani list. There will also be at least 1 Greek, 1 Kurdish and 1 Russian MP in the Assembly. These 2 latter MPs will be appointed by the respective Kurdish and Russian cultural societies in the Republic of Nagorno-Karabakh.
24. Each community will have the right to establish its own political parties. Representatives from each community may also stand for election to the Assembly of the Republic of Nagorno-Karabakh as Independents. It is to be hoped that, over a period of time, the political parties of each community will merge and operate on a single platform.
25. The proceedings of the Assembly of the Republic of Nagorno-Karabakh will be conducted in the Armenian language. However, the Russian language may be used by an MP upon the consent of the Parliamentary Chairmanship.
26. The Parliamentary Chairmanship consists of the Chairman and the 2 Deputy Chairmen of the Assembly of the Republic of Nagorno-Karabakh. The Chairman may be elected only by MPs elected from the Armenian list. The same applies for one of the Deputy Chairmen. However, the other Deputy Chairman will be elected only by MPs from the Azerbaijani list. Use of the Russian language by an MP may be sanctioned, for the life of that parliament, upon the written consent of one member of the Parliamentary Chairmanship.
27. At least 20% of posts within the Civil Service of the Republic of Nagorno-Karabakh will be filled by ethnic Azeris.
28. There shall be a single citizenship in the Republic of Azerbaijan. However, the Republic of Nagorno-Karabakh will have the right to issue its own passports.
29. Should the Republic of Nagorno-Karabakh decide to issue its own
passports, these passports will be issued to all residents, of a certain age, of the Republic of Nagorno-Karabakh. In such an event, a resident of the Republic of Nagorno-Karabakh may not receive a passport of the Republic of Azerbaijan.
30. Any passport of the Republic of Nagorno-Karabakh will have the following characteristics. On the front at the top will be written the words, 'Republic of Nagorno-Karabakh'. Immediately underneath this will be written the words, 'Republic of Azerbaijan'. Underneath this, forming the main part of the front of the passport, will be the emblem of the Republic of Nagorno-Karabakh. At the bottom will be written the word, Tassport'.
31. Any passport of the Republic of Nagorno-Karabakh will be written in the Armenian and English languages. The front cover of the passport will be written in English. Important details, however, particularly those pertaining to the personal characteristics of the individual (for example, name, place/date of birth etc.) will be written, additionally, in the Russian language. Other important details, such as the date of expiry of the passport and the address of the Passport Office of the Republic of Nagorno-Karabakh, will, also, be additionally written in the Russian language. Numerals may not be written in the Armenian script.
32. Each resident of the Republic of Nagorno-Karabakh will have the right to freely decide which country he/she wants to represent in international sporting competitions. The winners of the 'national' football championship of the Republic of Nagorno-Karabakh will have the right to participate in the European Champions Cup. The Republic of Nagorno-Karabakh will have the right to join UEFA and FIFA, as a separate member.
33. Upon the signing of the final Agreement, an international peacekeeping force will be deployed in the territory dividing the Republic of Nagorno-Karabakh from the Republic of Azerbaijan. These peacekeepers will act under the auspices of the OSCE and its relevant instruments. The force will consist of personnel from at least 5 States. Among these, 60% will be personnel of the Russian Federation; 20%, personnel of the other States that make up the Commonwealth of Independent States, excluding the Republic of Azerbaijan and the Republic of Armenia; and 20%, personnel of other countries, excluding Turkey. The peacekeeping force will be deployed, initially, for a period of 5 years.
34. The, so-called, Lachin Corridor will be leased indefinitely to the Republic of Nagorno-Karabakh upon condition that the Republic of Nagorno-Karabakh remains a sovereign, self-governing republic within the Republic of Azerbaijan. The Lachin Corridor will be maintained and patrolled by the National Guard of the Republic of Nagorno-Karabakh alongside United Nations military observers. These United Nations military observers will not form a part of the OSCE peacekeeping force and will be subject to a separate command.
35. Free passage through the Corridor will be, as determined by a relevant United Nations Security Council resolution, maintained at all times. This free passage will include the right to cross, only, the Corridor from north to south, in order to ensure free movement between the territory of the Republic of Azerbaijan north of the Eachin Corridor and the territory of the Republic of Azerbaijan south of the Eachin Corridor.
36. All other territories occupied by Armenian forces outside the territory of the Republic of Nagorno-Karabakh will be returned to the authorities of the Republic of Azerbaijan. All territories controlled by Azerbaijani forces within the territory of the Republic of Nagorno-Karabakh will be handed over to the authorities of the Republic of Nagorno-Karabakh.
37. The existing armed forces of Nagorno-Karabakh will be retained and assume the function of National Guard of the Republic of Nagorno-Karabakh.
38. Azerbaijanis resident in the Republic of Nagorno-Karabakh may not, if they so wish, serve, in any capacity, in the National Guard of the Republic of Nagorno-Karabakh. Azerbaijanis resident in the Republic of Nagorno-Karabakh may not serve, in any capacity, in the armed forces of the Republic of Azerbaijan.
39. The armed forces of the Republic of Azerbaijan may not be deployed in the Republic of Nagorno-Karabakh.
40. All conventional armed forces of the National Guard of the Republic of Nagorno-Karabakh will be subject to defined limits formulated according to the principles of the Treaty on Conventional Armed Forces in Europe (19 November 1990) [2]. The defined limits of the Azerbaijan Republic and the Republic of Armenia, as contained within the Tashkent Agreement (15 May 1992), will be subject to re-negotiation [3]. The defined limits of the National Guard of the Republic of Nagorno-Karabakh will be separate from the defined limits for the Republic of Azerbaijan.
41. Law-enforcement in the Republic of Nagorno-Karabakh will be conducted by the National Guard of the Republic of Nagorno-Karabakh. However, in order to safeguard the security of the local Azerbaijani population, local authorities will have the right to establish their own local self-defence detachments. In these localities, the self-defence detachments will operate as the local law-enforcement body. These self-defence detachments will be established and maintained in consultation with the Internal Affairs Ministry of the Republic of Nagorno-Karabakh. The law-enforcement role and function of any self-defence detachment will be identical to that of the National Guard of the Republic of Nagorno-Karabakh. Such self-defence detachments, however, may not be established in localities where the Armenian population is at least 25%. In these localities, it will be the responsibility of the central authorities, in consultation with the relevant local authority, to determine the nature of the local law-enforcement body.
42. The right of free movement of persons, goods, capital and services will be enshrined within the Republic of Nagorno-Karabakh. However, these rights vis-a-vis territory outside the Republic of Nagorno-Karabakh will be regulated by the government of the Republic of Nagorno-Karabakh.
43. Immigration into the Republic of Nagorno-Karabakh will be regulated, solely, by the Internal Affairs Ministry of the Republic' of Nagorno-Karabakh.

TIM POTIER
Originally drafted: 10 December 1997

GEORGIA (ABKHAZIA, SOUTH OSSETIA)
1. The territory that formally constituted the Georgian Soviet Socialist Republic (succeeded by the Georgian Republic) shall be known as the United Republic of Georgia.
2. The United Republic of Georgia shall consist of 4 Republics and 2 Regions.
3. The Republics of the United Republic of Georgia will be: the Republic of Abkhazia, the Republic of Ajaria, the Republic of Georgia and the Republic of South Ossetia.
4. The territory of the Republic of Abkhazia will consist of the territory of the former Abkhazian Autonomous Soviet Socialist Republic minus the district of Gali. The district of Gali will be included within the Republic of Georgia. However, any village/ town in the district of Gali that had an Abkhazian population of at least 50%, according to the census of the USSR in 1989, will have the right to hold a referendum to determine whether it forms part of the Republic of Abkhazia or forms a part of the Republic of Georgia.
5. The territory of the Republic of Ajaria will consist of the territory of the former Ajarian Autonomous Soviet Socialist Republic.
6. The territory of the Republic of South Ossetia will consist of the territory of the former South Ossetian Autonomous Oblast.
7. The titles of the 2 Regions of the United Republic of Georgia shall be determined by referendum. (Henceforth, these 2 Regions will be referred to as Region A and Region B.) The titles of these 2 Regions, however, may not include the words 'Armenian' or 'Azerbaijani'.
8. Region A shall include, only, the districts of Akhalkalaki and
Ninotsminda.
9. Region B shall include, only, the districts of Marneuli, Bolnisi and Dmanisi.
10. The Republic of Georgia will consist of the territory that formed the Georgian Soviet Socialist Republic (succeeded by the Georgian Republic) apart from that territory included in the Republic of Abkhazia, the Republic of Ajaria, the Republic of South Ossetia and Region A and Region B.
11. The United Republic of Georgia shall contain the elements of both a federation and a confederation.
12. There shall be one single, internationally recognised, capital of the United Republic of Georgia. This will be the city of Tbilisi. Tbilisi will also serve as the capital of the Republic of Georgia. The cities of Sukhumi (Republic of Abkhazia), Batumi (Republic of Ajaria) and Tskhinvali (Republic of South Ossetia), shall be the other Republican capitals. The towns of Akhalkalaki (Region A) and Marneuli (Region B) shall serve as the 2 Regional centres.
13. The United Republic of Georgia shall, alone, be entitled to membership of international organisations such as the United Nations (UN), the Organisation for Security and Cooperation in Europe (OSCE) and Council of Europe.
14. Missions of the United Republic of Georgia will serve the Republic of Ajaria, the Republic of Georgia and Region A and Region B. However, the Republic of Ajaria will have the right to establish its own trade missions.
15. The Republic of Abkhazia and the Republic of South Ossetia will have the right to establish their own missions abroad. These missions will be separate from the missions of the United Republic of Georgia. However, in those States where the Republic of Abkhazia and the Republic of South Ossetia choose not to establish separate missions or have their interests represented by one of their missions, it will be the responsibility of a mission of the United Republic of Georgia to represent their interests.
16. While the Republic of Abkhazia and the Republic of South Ossetia will have the right to establish their own separate missions, States will not have the right to establish their own separate missions there. Although States will have the right to establish sub-missions in these Republics, these sub-missions will be subordinate to their mission for the United Republic of Georgia.
17. International treaties will be signed by the President of the United Republic of Georgia. However, international treaties will only have the force of law in the Republic of Georgia and the Republic of Ajaria and Region A and Region B upon ratification by the Union Assembly. Upon signature by the President of the United Republic of Georgia, international treaties will only have the force of law in the Republic of Abkhazia and the Republic of South Ossetia upon ratification by their respective Assemblies.
18. The Head of State of the United Republic of Georgia is the President of the United Republic of Georgia.
19. Each Republic (other than the Republic of Georgia) will have its own Republican President. Each Region will have its own Regional Chairman. The Republic of Georgia will be headed by its Prime Minister.
20. The United Republic of Georgia will be served by the State Council of the United Republic of Georgia. The State Council of the United Republic of Georgia will consist of the President of the United Republic of Georgia, the Republican Presidents, the Prime Minister of the Republic of Georgia and the Regional Chairmen. The work of the State Council of the United Republic of Georgia will be coordinated by the President of the United Republic of Georgia. It will be the responsibility of the President of the United Republic of Georgia to convene no fewer than 6 meetings of the State Council of the United Republic of Georgia each calendar year.
21. All meetings of the State Council of the United Republic of Georgia will be chaired by the President of the United Republic of Georgia. All meetings of the State Council of the United Republic of Georgia will be held in Tbilisi. Business will be conducted in the Georgian language.
22. The United Republic of Georgia will have its own constitution. It will, also, have its own flag, national anthem, emblem and other State symbols.
23. All the Republics and Regions of the United Republic of Georgia will adopt their own separate constitutions. All the Republics (other than the Republic of Georgia) and Regions of the United Republic of Georgia will, also, have their own separate flag, anthem, emblem and other republican/regional symbols. The Republics and Regions may not, however, have an identical flag or the same anthem as any other State.
24. The flag, national anthem, emblem and other State symbols of the United Republic of Georgia will be the flag, anthem, emblem and other republican symbols of the Republic of Georgia.
25. The flag, national anthem, emblem and other State symbols of the United Republic of Georgia need not be portrayed in the Republic of Abkhazia, Republic of Ajaria, Republic of South Ossetia and Region A and Region B. Their portrayal, alongside the equivalents of the Republics (excluding the Republic of Georgia)/Regions, is a matter of choice for the central/local authorities of the Republics (excluding the Republic of Georgia)/Regions. The central authorities of the Republics (excluding the Republic of Georgia)/Regions, however, may not prevent their respective local authorities from portraying any of these.
26. The State language of the United Republic of Georgia will be Georgian. However, the following shall also be regarded as official languages - in the Republic of Abkhazia: Abkhazian and Russian; in the Republic of South Ossetia: Ossetian; in Region A: Armenian; in Region B: Azerbaijani.
27. The Georgian language will be a compulsory subject in all schools in the United Republic of Georgia.
28. In the Republic of Georgia and the Republic of Ajaria, the main language of instruction in schools will be the Georgian language. However, in those localities where the population is non-Georgian, either in whole or in part, the local authorities will have the right to use another language in schools as the main language of instruction. In those schools, however, a minimum number of hours per week will be taught in the Georgian language. This number will be determined by the Education Ministry of the Republic of Georgia (however, up to age 11, it may not be less than 20% and not more than 30%; after age 11, it may not be less than 60% and not more than 80%). In those localities where the population is mixed, it will be the responsibility of the local authorities, in consultation with the respective Education Ministries of the Republic of Georgia and the Republic of Ajaria, to ensure that the ethnic diversity is respected in the provision of schools.
29. The Abkhazian language will be a compulsory subject in all schools in the Republic of Abkhazia. However, in those localities where the population is non-Abkhazian, either in whole or in part, the local authorities will have the right to use another language in schools as the main language of instruction. In those schools, however, a minimum number of hours per week will be taught in the Abkhazian language. This number will'be determined by the Education Ministry of the Republic of Abkhazia (however, it may not be less than 20%) and not more than 30%). In those schools where the Georgian language is not the main language of instruction, a minimum number of hours per week will be taught in the Georgian language. This number will be determined by the Education Ministry of the Republic of Abkhazia (however, it may not be less than 20%o and not more than 30%). The Russian language will also be a compulsory subject in all schools in the Republic of Abkhazia. In those localities where the population is mixed, it will be the responsibility of the local authorities, in consultation with the Education Ministry of the Republic of Abkhazia, to ensure that the ethnic diversity is respected in the provision of schools.
30. The Ossetian language will be a compulsory subject in all schools in the Republic of South Ossetia. However, in those localities where the population is non-Ossetian, either in whole or in part, the local authorities will have the right to use another language in schools as the main language of instruction. In those schools, however, a minimum number of hours per week will be taught in the Ossetian language. This number will be determined by the Education Ministry of the Republic of South Ossetia (however, it may not be less than 20% and not more than 30%). In those schools where the Georgian language is not the main language of instruction, a minimum number of hours per week will be taught in the Georgian language. This number will be determined by the Education Ministry of the Republic of South Ossetia (however, it may not be less than 20% and not more than 30%o). The Russian language will also be a compulsory subject in all schools in the Republic of South Ossetia. In those localities where the population is mixed, it will be the responsibility of the local authorities, in consultation with the Education Ministry of the Republic of South Ossetia, to ensure that the ethnic diversity is respected in the provision of schools.
31. The Armenian language will be a compulsory subject in all schools in Region A. However, in those localities where the population is non-Armenian, either in whole or in part, the local authorities will have the right to use another language as the main language of instruction. In those schools, however, a minimum number of hours per week will be taught in the Georgian language. This number will be determined by the Education Authority of Region A (however, it may not be less than 20% and not more than 30%). In those schools where the Georgian language is not the main language of instruction, a minimum number of hours per week will be taught in the Georgian language. This number will be determined by the Education Authority of Region A (however, it may not be less than 20% and not more than 30%). The Russian language will also be a compulsory subject in all schools in Region A. In those localities where the population is mixed, it will be the responsibility of the local authorities, in consultation with the Education Authority of Region A, to ensure that the ethnic diversity is respected in the provision of schools.
32. The Azerbaijani language will be a compulsory subject in all schools in Region B. In those localities where the population is non-Azerbaijani, either in whole or in part, the local authorities will have the right to use another language as the main language of instruction. In those schools, however, a minimum number of hours per week will be taught in the Azerbaijani language. This number will be determined by the Education Authority of Region B (however, it may not be less than 20% and not more than 30%). In those schools where the Georgian language is not the main language of instruction, a minimum number of hours per week will be taught in the Georgian language. This number will be determined by the Education Authority of Region B (however, it may not be less than 20%) and not more than 30%). The Russian language will be a compulsory subject in all Armenian schools in Region B. In those localities where the population is mixed, it will be the responsibility of the local authorities, in consultation with the Education Authority of Region B, to ensure that the ethnic diversity is respected in the provision of schools.
33. All refugees/internally displaced persons from the Republic of Abkhazia or the Republic of South Ossetia, of whatever nationality, will be entitled to return to their former homes. Families/persons who have settled in the homes of refugees/internally displaced persons will not have title over that property and will have to be accommodated by the authorities of the Republic of Abkhazia or the Republic of South Ossetia elsewhere.
34. The return of refugees/internally displaced persons to the Republic of Abkhazia and the Republic of South Ossetia will be supervised by the Office of the United Nations High Commissioner for Refugees. Two international representatives, one based in Sukhumi,
the other based in Tskhinvali, will oversee their return to their former homes. Temporary provision will be made for those unable, for the time being, to return to their former homes.
35. The currency of the Republic of Georgia, the Republic of Ajaria and Region A and Region B shall be the Lari [4]. The Republic of Abkhazia and the Republic of South Ossetia, however, will have the right to introduce their own separate currencies. This matter will be determined by their respective republican governments.
36. The currencies of the Republic of Abkhazia and the Republic of South Ossetia may not share the same name as the currency of any other State.
37. The Republic of Georgia, the Republic of Ajaria and Region A and
Region B will be served by a single Central Bank, with its headquarters in Tbilisi. The Republic of Abkhazia and the Republic of South Ossetia, if they decide to introduce their own currencies, will have their own respective Central Banks. In such circumstances, the headquarters of the Central Bank of the Republic of Abkhazia will be in Sukhumi and the headquarters of the Central Bank of the Republic of South Ossetia will be in Tskhinvali.
38. The Republic of Abkhazia, the Republic of Ajaria, the Republic of Georgia, the Republic of South Ossetia and Region A and Region B
will each be responsible for levying their own taxes and adopting their own budget.
39. Each Republic and Region will be obliged to convey 20% of its tax revenue to the centre. Such tax revenue will be used to finance the centre and central institutions, and ensure, through appropriate subsidy, that each Republic/Region has a minimum per capita income.
40. The respective Central Bank of the Republic of Abkhazia and the Republic of South Ossetia will be responsible for the exercise of monetary policy, including the issuing of their own notes and coinage, management of reserves, debt servicing, rates of interest (etc.).
41. The Republic of Abkhazia and the Republic of South Ossetia may issue their own respective notes and coinage. However, their currencies may not share the same exchange rate with the currency of any other State, apart from, if it so wishes, that of the Lari. The Republics/Regions within the 'Lari zone' will not have any responsibility towards either the Republic of Abkhazia or the Republic of South Ossetia in regard to the management and supply of reserves or the management/offsetting of debt. It will be the responsibility of the government of the Republic of Abkhazia and the government of the Republic of South Ossetia to ensure the mutual convertibility of their respective currencies (including with the Lari).
42. The Republic of Abkhazia and the Republic of South Ossetia will not be responsible for the management and supply of reserves or the management/offsetting of debt of the other, neither will they be responsible for the management and supply of reserves nor the management/offsetting of debt of the wider United Republic of Georgia.
43. The Republic of Abkhazia and the Republic of South Ossetia shall not be responsible for debts accrued during the period of the Georgian Republic (the successor to the Georgian Soviet Socialist Republic).
44. The President of the Republic of Abkhazia shall be elected every five years. It shall be the responsibility of the President of the Republic of Abkhazia to form a government.
45. The government of the Republic of Abkhazia will consist of a Prime Minister, 2 Deputy Prime Ministers and other republican ministers. The government of the Republic of Abkhazia, however, may consist of no more than 20 members. Among them, there will be at least 5 ethnic Georgians (of which at least one must hold the position of Deputy Prime Minister), 2 ethnic Armenians, 2 ethnic Russians and 1 other, of another nationality.
46. The President of the Republic of Abkhazia may only be an ethnic Abkhazian.
47. The parliament of the Republic of Abkhazia, the Assembly, shall be the sole legislative body. The Assembly of the Republic of Abkhazia shall consist of 80 members. Among these, there will be 40 ethnic Abkhazians, 20 ethnic Georgians, 8 ethnic Armenians, 8 ethnic Russians, 2 ethnic Greeks and 2 ethnic Ukrainians. Elections to the Assembly of the Republic of Abkhazia shall be every five years according to a list system. Representatives from each community will be elected from a separate list.
48. The Assembly of the Republic of Abkhazia will include the Parliamentary Chairmanship. The Parliamentary Chairmanship consists of the Chairman and 2 Deputy Chairmen. The Chairman may be elected only by MPs elected from the Abkhazian list and one of the Deputy Chairmen may be elected only by MPs from the Georgian list.
49. Each community will have the right to establish its own political parties. Representatives from each community may also stand for election to the Assembly of the Republic of Abkhazia as Independents, ft is to be hoped that, over a period of time, the political parties of each community will merge and operate on a single platform.
50. Proceedings of the Assembly of the Republic of Abkhazia shall be conducted in the Abkhazian language. However, the Georgian and Russian languages may also be used.
51. The President of the Republic of Ajaria shall be elected every five years. It shall be the responsibility of the President of the Republic of Ajaria to form a government.
52. The government of the Republic of Ajaria will consist of a Prime Minister, 2 Deputy Prime Ministers and other republican ministers. The government of the Republic of Ajaria, however, may consist of no more than 20 members. Among them, there will be at least 2 ethnic Russians, 1 ethnic Armenian and 1 ethnic Greek.
53. The parliament of the Republic of Ajaria, the Assembly, shall be the sole legislative body. Election to the Assembly of the Republic of Ajaria shall be every five years according to a constituency-based system. In addition, there will be at least 1 Armenian and 1 Greek representative in the Assembly. These 2 MPs will be appointed by the respective Armenian and Greek cultural societies in the Republic of Ajaria.
54. Proceedings of the Assembly of the Republic of Ajaria will be conducted in the Georgian language. However, the Russian language may be used by an MP, for the life of the parliament, upon his request.
55. The President of the Republic of South Ossetia shall be elected every five years. It shall be the responsibility of the President of the Republic of South Ossetia to form a government.
56. The government of the Republic of South Ossetia will consist of a Prime Minister, 2 Deputy Prime Ministers and other republican ministers. The government of the Republic of South Ossetia may consist of no more than 20 members. The government of the Republic of South Ossetia must consist of at least 5 ethnic Georgians of which at least one must hold the position of Deputy Prime Minister.
57. The President of the Republic of South Ossetia may only be an ethnic Ossetian.
58. The parliament of the Republic of South Ossetia, the Assembly, shall be the sole legislative body. Election to the Assembly of the Republic of South Ossetia shall be every five years according to a list system. Representatives from the Ossetian community will be elected from a list separate to that of the Georgian community. At least 25% of MPs of the Assembly of the Republic of South Ossetia will be elected from the Georgian list.
59. The Assembly of the Republic of South Ossetia will include the Parliamentary Chairmanship. The Parliamentary Chairmanship consists of the Chairman and 2 Deputy Chairmen. The Chairman may be elected only by MPs elected from the Ossetian list and one of the Deputy Chairmen may be elected only by MPs from the Georgian list.
60. Each community will have the right to establish its own political parties. Representatives from each community may also stand for election to the Assembly of the Republic of South Ossetia as Independents. It is to be hoped that, over a period of time, the political parties of each community will merge and operate on a single platform.
61. Proceedings of the Assembly of the Republic of South Ossetia will be conducted in the Ossetian language. However, the Georgian language may also be used.
62. The Prime Minister of the Republic of Georgia shall be elected every five years. It shall be the responsibility of the Prime Minister of the Republic of Georgia to form a government.
63. The government of the Republic of Georgia will consist of the Prime Minister, 2 Deputy Prime Ministers and other republican ministers. The government of the Republic of Georgia, however, may consist of no more than 20 members. Among them, there will be at least 1 ethnic Armenian.
64. The parliament of the Republic of Georgia, the Assembly, shall be the sole legislative body. Election to the Assembly of the Republic of Georgia shall be every five years according to a constituency-based system.
65. Proceedings of the Assembly of the Republic of Georgia will be conducted solely in the Georgian language.
66. The Chairman of Region A shall be elected every five years. It shall be the responsibility of the Chairman of Region A to form a governing body.
67. The governing body of Region A will consist of the Chairman, his/ her Deputy and other regional ministers. The governing body of Region A, however, may consist of no more than 10 members. Among them, there shall be at least 1 ethnic Georgian.
68. The Chairman of Region A may only be an ethnic Armenian.
69. The sole legislative body in Region A shall be the Council. Election to the Council of Region A shall be every five years according to a constituency-based system. Within the Council there shall be at least 2 ethnic Georgians. In the event that at least 2 ethnic Georgians are not elected to the Council, the Georgian cultural society in Region A will appoint the remaining member/s. The Council of Region A shall have 20 members.
70. Proceedings of the Council of Region A will be conducted in the Armenian language. However, the Georgian language may also be used.
71. The Chairman of Region B shall be elected every five years. It shall be the responsibility of the Chairman of Region B to form a governing body.
72. The governing body of Region B will consist of the Chairman, his/ her Deputy and other regional ministers. The governing body of Region B, however, may consist of no more than 14 members. Among them, there shall be at least 3 ethnic Georgians,
73. The Chairman of Region B may only be an ethnic Azerbaijani.
74. The sole legislative body in Region B shall be the Council. Election to the Council of Region B shall be every five years according to a constituency-based system.
75. Proceedings of the Council of Region B will be conducted in the Azerbaijani language. However, the Georgian language may also be used.
76. The distribution of posts within the Republican/Regional Civil Service shall be as follows: in the Republic of Abkhazia, at least 25% of posts within the Civil Service will be held by ethnic Georgians, 10% by ethnic Armenians and 10% by ethnic Russians; in the Republic of South Ossetia, at least 25% of posts will be held by ethnic Georgians; in Region A, at least 10% of posts will be held by ethnic Georgians; and in Region B, at least 20% of posts will be held by ethnic Georgians. Due account should be taken in the Republic of Georgia and the Republic of Ajaria towards the ethnic diversity of the republic in the allocation of Civil Service posts.
77. The President of the United Republic of Georgia shall be elected every five years. Any citizen of the United Republic of Georgia, regardless of his/her nationality, may stand for election as President of the United Republic of Georgia.
78. The President of the United Republic of Georgia may not hold, simultaneously, any other public office. Upon election, the President of the United Republic of Georgia will be obliged to stand down from any such office.
79. It shall be the responsibility of the President of the United Republic of Georgia, in consultation with the other members of the State Council of the United Republic of Georgia, to form the Union Government.
80. The Union Government will be headed by the Prime Minister. The Prime Minister will be served by 2 Deputy Prime Ministers and other ministers. The Union Government will consist of 14 members. Among them, there will be 1 ethnic Abkhazian from the Republic of Abkhazia, 1 ethnic Ossetian from the Republic of South Ossetia, 1 ethnic Armenian and 1 ethnic Azerbaijani. Additionally, there will be 1 ethnic Georgian from the Republic of Ajaria and 1 ethnic Georgian from either the Republic of Abkhazia, the Republic of South Ossetia, Region A or Region B. The remaining 8 ministers will be from the Republic of Georgia and/or other nationalities in the Republics and Regions.
81. Ministers in the Union Government may not hold, simultaneously, any other public office in the United Republic of Georgia. Upon appointment, ministers in the Union Government will be obliged to stand down from any such office.
82. The parliament of the United Republic of Georgia shall be known as the Union Assembly. It shall be the sole legislative body of the Union. There shall be no election to the Union Assembly.
83. The Union Assembly shall have 26 members. All members of the Union Assembly shall be appointed. There shall be two ethnic Abkhazian members of the Union Assembly. They shall be appointed from among the MPs elected from the Abkhazian list in the Assembly of the Republic of Abkhazia. Only such MPs may participate in any vote. There shall be two ethnic Ossetian members of the Union Assembly. They shall be appointed from among the MPs elected from the Ossetian list in the Assembly of the Republic of South Ossetia. Only such MPs may participate in any vote. There shall be one ethnic Armenian from the Council of Region A. Only ethnic Armenian councillors may participate in any vote. There shall be one ethnic Azerbaijani from the Council of Region B. Only ethnic Azerbaijani councillors may participate in any vote. There shall be two ethnic Georgians from the Assembly of the Republic of Ajaria. Only ethnic Georgian MPs from the Assembly of the Republic of Ajaria may participate in any vote. There shall be two ethnic Georgians from among the MPs elected in the Assemblies of the Republics of Abkhazia and South Ossetia and the Councils of Regions A and B. Only ethnic Georgian MPs from these Republics/ Regions may participate in any vote. There shall be 13 ethnic Georgians from the Assembly of the Republic of Georgia. Only ethnic Georgian MPs from the Assembly of the Republic of Georgia may participate in any vote. Additionally, there will be a further ethnic Armenian and ethnic Azerbaijani. These two members need not be 'MPs' from either Region A or Region B respectively. Only .ethnic Armenian MPs and ethnic Azerbaijani MPs from the Assemblies/Councils of the United Republic of Georgia may participate in any vote. Finally, there shall be one ethnic Russian. Only ethnic Russian MPs from the Assemblies/ Councils of the United Republic of Georgia may participate in any vote.
84. The distribution of posts within the Union Civil Service shall be as follows; at least 5% of Civil Service posts will be held by ethnic Abkhazians; at least 5% of posts will be held by ethnic Ossetians; at least 5% of posts will be held by ethnic Armenians; at least 5% of posts will be held by ethnic Azerbaijanis; and at least 5% of posts will be held by representatives of other nationalities. Further, at least 5% of posts will be held by ethnic Georgians from the Republic of Ajaria; and at least 5% of posts will be held by ethnic Georgians from the Republics of Abkhazia and South Ossetia and Regions A and B.
85. The Union Government shall enjoy exclusive competence over the following: questions of war and peace; citizenship; standards and measurements; geodesy and cartography, the establishment of precise time; state statistics; the merchant fleet; meteorological service; fishing in oceans and open seas; certification and accreditation in secondary and higher educational establishments; legislation on academic, scientific and professional ranks and titles; and legislation on intellectual property.
86. The respective governments of the Republics of Abkhazia and South Ossetia shall enjoy exclusive competence over the following:
commercial, criminal, civil, administrative and labour law, and legislation on the execution of punishment and procedural legislation; the establishment of a state of emergency or martial law; air space and air traffic control; and the regulation of temporary permanent residence of people who are nationals of other States or who are stateless. The Republic of Abkhazia shall, also, enjoy exclusive competence over the status and protection of territorial waters and the continental shelf. These shall be exercised by the Union Government, on behalf of the Republic of Georgia, the Republic of Ajaria, and Region A and Region B.
87. The following shall be exercised by the governments/governing bodies of the respective Republics/Regions and Union Government jointly: human rights and freedoms; the power system; communications; the system for observing the state of the environment; and railways and highways of national importance.
88. The Republics/Regions shall enjoy exclusive competence over the following: ports; airports; other highways; and legislation on land, mineral wealth and natural resources.
89. Members of the Union Assembly from the Republic of Abkhazia and the Republic of South Ossetia, of whatever nationality, may not vote, in the Union Assembly, on any matter which does not have effect in their republic.
90. The Republics of Abkhazia and South Ossetia will have the right to sign agreements with other States within their respective competences. However, these agreements should in no way affect the territorial integrity of the United Republic of Georgia as a whole. The United Republic of Georgia will sign agreements with other States on behalf of the Republic of Georgia, the Republic of Ajaria and Region A and Region B, and on behalf of the Republics of Abkhazia and South Ossetia where provided.
91. There shall be a single citizenship in the United Republic of Georgia. The United Republic of Georgia will have a single passport which will serve the Republic of Georgia, the Republic of Ajaria and Region A and Region B. The Republic of Abkhazia and the Republic of South Ossetia, however, will have the right to issue their own separate passports.
92. There shall be a single Passport Office serving the Republic of Georgia, the Republic of Ajaria and Region A and Region B. The headquarters of this Passport Office shall be in Tbilisi. In the event of the Republic of Abkhazia and the Republic of South Ossetia issuing their own separate passports, they will have their own separate Passport Offices.
93. Should the Republic of Abkhazia and the Republic of South Ossetia decide to issue their own passports, these passports will be issued to all residents, of a certain age, of the Republic of Abkhazia and the Republic of South Ossetia. In such an event, a resident of the Republic of Abkhazia or the Republic of South Ossetia may not receive a passport of the lesser United Republic of Georgia.
94. Any passport of the Republic of Abkhazia will have the following characteristics. On the front at the top will be written the words, 'Republic of Abkhazia'. Immediately underneath this will be written the words, 'United Republic of Georgia'. Underneath this, forming the main part of the front of the passport, will be the emblem of the Republic of Abkhazia. At the bottom will be written the word, 'Passport'.
95. All details contained inside passports of the Republic of Abkhazia will be written in the Abkhazian, Georgian, Russian and English languages. The front cover of the passport will be written in English. All passports of the Republic of Abkhazia will have the same coloured cover. The passport cover's colour shall be determined by the government of the Republic of Abkhazia.
96. Any passport of the Republic of South Ossetia will have the following characteristics. On the front at the top will be written the words, 'Republic of South Ossetia'. Immediately underneath this will be written the words, 'United Republic of Georgia'. Underneath this, forming the main part of the front of the passport, will be the emblem of the Republic of South Ossetia. At the bottom will be written the word, 'Passport'.
97. All details contained inside passports of the Republic of South Ossetia will be written in the Ossetian, Georgian and English languages. The front cover of the passport will be written in English. All passports of the Republic of South Ossetia will have the same coloured cover. The passport cover's colour shall be determined by the government of the Republic of South Ossetia.
98. The front of all passports serving the Republic of Ajaria and Region A and Region B will share the following characteristics. At the top will be written the name of the Republic/Region concerned. Immediately underneath this will be written the words, 'United Republic of Georgia'. Underneath this, forming the main part of the front of the passport, will be the emblem of the Republic/Region concerned. At the bottom will be written the word, 'Passport'. Passports serving the Republic of Georgia will be the same, except that they will not bear the name of the republic at the top.
99. All details contained inside passports serving the Republic of Georgia, the Republic of Ajaria and Region A and Region B will be written in the Georgian and English languages. Passports will also be available all details of which will be additionally written in either the Armenian, Azerbaijani or Russian languages.
100. Citizens of the United Republic of Georgia will participate in international sporting competitions as representatives of the United Republic of Georgia.
101. Upon the signing of the final Agreement, the existing Treaty on Russian Military Bases in Georgia will take effect [5]. Upon expiry, this agreement will be subject to review by the Union Government. However, Russian military forces may not be withdrawn, in whole or in part, without the consent of the Assembly/Council of the Republic/Region in which they are located. The number of troops in each Republic/Region may only be increased upon the consent of the Union Assembly.
102. All territories controlled by Georgian forces within the territory of the Republic of Abkhazia will be handed over to the authorities of the Republic of Abkhazia.
103. Upon the signing of the final Agreement, an entirely new, multinational, peacekeeping force will be deployed along the territory dividing the Republic of Abkhazia and the Republic of Georgia. All existing personnel will be withdrawn. The peacekeeping force will act under the auspices of the United Nations and its relevant instruments. The force will consist of personnel from at least 5 States. Among these, 70% will be personnel of the Russian Federation; 20%, personnel of the other States that make up the Commonwealth of Independent States, excluding the United Republic of Georgia, the Republic of Armenia and the Republic of Azerbaijan; and 10%, personnel of other countries, excluding Turkey. The peacekeeping force will be deployed, initially, for a period of 2 years.
104. Upon the signing of the final Agreement, the existing peacekeeping force deployed along the territory dividing the Republic of South Ossetia and the Republic of Georgia will be maintained for a further two years. After two years, the nature and extent of its deployment will then be subject, annually, to review by the government of the Republic of South .Ossetia.
105. The Union Government will have its own Defence Minister. The governments of the Republics of Abkhazia and South Ossetia will also have their own respective Defence Ministers.
106. The Defence Minister of the Union Government (and his Deputy) along with the respective Defence Ministers of the Republics of Abkhazia and South Ossetia shall form a Defence Council of the United Republic of Georgia. The purpose of the Defence Council of the United Republic of Georgia will be to coordinate defence policy both internally and externally.
107. The existing armed forces of Abkhazia and South Ossetia will be retained and assume the function of National Guard of the Republic of Abkhazia and National Guard of the Republic of South Ossetia.
108. Georgians resident in the Republic of Abkhazia may not, if they so wish, serve, in any capacity, in the National Guard of the Republic of Abkhazia. Georgians resident in the Republic of Abkhazia may not serve, in any capacity, in the armed forces of the United Republic of Georgia.
109. Georgians resident in the Republic of South Ossetia may not, if they so wish, serve, in any capacity, in the National Guard of the Republic of South Ossetia. Georgians resident in the Republic of South Ossetia may not serve, in any capacity, in the armed forces of the United Republic of Georgia.
110. The armed forces of the United Republic of Georgia will be made up of residents of the Republic of Georgia, the Republic of Ajaria, Region A and Region B. The armed forces of the United Republic of Georgia may not be deployed in the Republics of Abkhazia and South Ossetia without the consent of their respective Assemblies, upon the recommendation of their respective governments.
111. All conventional armed forces of the National Guard of the Republic of Abkhazia and the National Guard of the Republic of South Ossetia will be subject to defined limits formulated according to the principles of the Treaty on Conventional Armed Forces in Europe (19th November 1990). The defined limits of the Georgian Republic contained within the Tashkent Agreement (15th May 1992) will be subject to re-negotiation. The defined limits of the National Guard of the Republic of Abkhazia and the National Guard of the Republic of South Ossetia will be separate both from the other and from the denned limits of the armed forces of the United Republic of Georgia.
112. Law-enforcement in the Republic of Abkhazia and the Republic of South Ossetia will be conducted by their respective National Guards. However, in order to safeguard the security of the Georgian population, local authorities will have the right to establish their own local self-defence detachments. In these localities, the self-defence detachments will be established and maintained in consultation with the respective Internal Affairs Ministries of the Republics of Abkhazia and South Ossetia. The law enforcement role and function of any self-defence detachment will be identical to that of the relevant National Guard.
113. The United Republic of Georgia, including all its constituent parts, shall remain neutral.
114. The right of free movement of persons, goods, capital and services will be enshrined within the Republic of Abkhazia and the Republic of South Ossetia. However, these rights, vis-a-vis territory outside these parts of the United Republic of Georgia, will be regulated by their respective governments.
115. The right of free movement of persons, goods, capital and services will be enshrined within the Republic of Georgia, the Republic of Ajaria and Region A and Region B. These rights, vis-a/-vis territory outside these parts of the United Republic of Georgia, will be regulated by the Union Government.
116. Immigration into the Republic of Abkhazia and the Republic of South Ossetia will be regulated, solely, by the respective Internal Affairs Ministries of the Republic of Abkhazia and the Republic of South Ossetia.
117. Immigration into the remaining parts of the United Republic of Georgia will be regulated, solely, by the Internal Affairs Ministry of the United Republic of Georgia.
118. All disputes within the United Republic of Georgia will be considered, at first instance, by the State Council. In the event of a resolution not being secured, it will be the responsibility of the members of the State Council representing the disputing sides to agree on the method of arbitration.

TIM POTIER
Originally drafted: 15-16 December 1997

NOTES
[1] The Manat is Azerbaijan's national currency.
[2] Article 1 (1) of the Treaty subdivided 'conventional armed forces' (more commonly referred to as 'heavy weaponry') into five categories: 'battle tanks, armoured combat vehicles, artillery, combat aircraft and combat helicopters'. For Text see: 
< http://www.state.gov/www/global/arms/treaties/cfe.phpl >
[3] The USSR signed the Treaty on Conventional Armed Forces in Europe. Therefore, the 1st paragraph of the Preamble to the Tashkent Agreement provided: 'The Republic of Azerbaijan, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Republic of Moldova, the Russian Federation, Ukraine and the Republic of Georgia, as state successors of the USSR in regard to the Treaty on Conventional Armed Forces in Europe and its associated documents, and hereinafter referred to as the Contracting Parties; ... [agreed to be bound]'. For Text see: <http://www.acq.osd.mil/acic/treaties/cfe/agreements/tashka.php>
[4] The Lari is Georgia's national currency.
[5] See: (Sakinform news agency, Tbilisi, in Russian, 1216gmt, 1 April 1995) (SU/2268 F/2, 3 April 1995).

Pages | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 |