Security Council resolution 1615 (2005) [on extension of the mandate of the UN Observer Mission in Georgia (UNOMIG)]
Symbol: S/RES/1615(2005)
Date: 2005-07-29
Status: adopted
Agenda: S/60 [87] GEORGIA SITUATION
S/60 [88] UN OBSERVER MISSION IN GEORGIA
Subjects: UN. Special Representative of the Secretary-General for Georgia|Friends of the Secretary-General on Georgia|UN Observer Mission in Georgia|UNHCR|UNDP|Meeting on Confidence-building Measures between the Georgian and Abkhaz Sides (3rd : 2001 : Yalta, Ukraine)|Status, Basic Rights and Duties of Staff (2002)|Basic Principles for the Distribution of Competencies between Tbilisi and Sukhumi|Agreement on a Cease-fire and Separation of Forces [in Georgia] (1994)|Yalta Declaration of the Georgian and the Abkhaz Sides (2001)|Quadripartite Agreement on Voluntary Return of Refugees and Displaced Persons (1994)|NEGOTIATION|DISPLACED PERSONS|PEACEKEEPING OPERATIONS|INTERNAL SECURITY|ABKHAZIA (GEORGIA)|GEORGIA|GEORGIA SITUATION|SOVEREIGNTY|DISPLACED PERSONS|REPATRIATION|GEORGIAN REFUGEES|CONFIDENCE-BUILDING MEASURES|RAILWAYS|HUMAN RIGHTS|POLICE|LAW ENFORCEMENT|HOMICIDE|ABDUCTION|CRIMINAL INVESTIGATION|GENDER-BASED VIOLENCE|CODES OF CONDUCT|TROOP-CONTRIBUTING STATES
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ALGERIA
vote: yes
country: ARGENTINA
vote: yes
country: BENIN
vote: yes
country: BRAZIL
vote: yes
country: CHINA
vote: yes
country: DENMARK
vote: yes
country: FRANCE
vote: yes
country: GREECE
vote: yes
country: JAPAN
vote: yes
country: PHILIPPINES
vote: yes
country: ROMANIA
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED REPUBLIC OF TANZANIA
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                     S/RES/1615 (2005)
               Security Council                                                 Distr.: General
                                                                                29 July 2005




               Resolution 1615 (2005)
               Adopted by the Security Council at its 5242nd meeting, on
               29 July 2005

                    The Security Council,
                    Recalling all its relevant resolutions, in particular resolution 1582 of
               28 January 2005 (S/RES/1582),
                    Welcoming the report of the Secretary-General of 14 July 2005,
                    Recalling the conclusions of the Lisbon (S/1997/57, annex) and Istanbul
               summits of the Organization for Security and Cooperation in Europe (OSCE)
               regarding the situation in Abkhazia, Georgia,
                    Recalling the relevant principles contained in the Convention on the Safety of
               United Nations and Associated Personnel adopted on 9 December 1994,
                     Deploring that the perpetrators of the shooting down of a helicopter of the
               United Nations Observer Mission in Georgia (UNOMIG) on 8 October 2001, which
               resulted in the death of nine people on board, have still not been identified,
                     Stressing that the continued lack of progress on key issues of a comprehensive
               settlement of the conflict in Abkhazia, Georgia, is unacceptable,
                    Welcoming, however, the positive momentum given to the United Nations-led
               peace process by regular high-level meetings of the Group of Friends in Geneva and
               the Georgian-Russian summit meetings,
                      Welcoming the important contributions made by UNOMIG and the Collective
               Peacekeeping Forces of the Commonwealth of Independent States (CIS
               peacekeeping force) in stabilizing the situation in the zone of conflict, and stressing
               its attachment to the close cooperation existing between them in the performance of
               their respective mandates,
                     1.   Reaffirms the commitment of all Member States to the sovereignty,
               independence and territorial integrity of Georgia within its internationally
               recognized borders, and the necessity to define the status of Abkhazia within the
               State of Georgia in strict accordance with these principles;
                    2.   Commends and strongly supports the sustained efforts of the Secretary-General and his Special Representative, with the assistance of the Russian
               Federation in its capacity as facilitator as well as of the Group of Friends of the

05-44618 (E)
*0544618*

S/RES/1615 (2005)


               Secretary-General and of the OSCE, to promote the stabilization of the situation and
               the achievement of a comprehensive political settlement, which must include a
               settlement of the political status of Abkhazia within the State of Georgia;
                    3.     Reiterates its strong support for the document on “Basic Principles for
               the Distribution of Competences between Tbilisi and Sukhumi” and for its letter of
               transmittal, finalized by, and with the full support of, all members of the Group of
               Friends;
                     4.   Deeply regrets the continued refusal of the Abkhaz side to agree to a
               discussion on the substance of this document, again strongly urges the Abkhaz side
               to receive the document and its transmittal letter, urges both parties thereafter to
               give them full and open consideration, and to engage in constructive negotiations on
               their substance, and urges those having influence with the parties to promote this
               outcome;
                     5.    Regrets also the lack of progress on the initiation of political status
               negotiations, and recalls, once again, that the purpose of these documents is to
               facilitate meaningful negotiations between the parties, under the leadership of the
               United Nations, on the status of Abkhazia within the State of Georgia, and is not an
               attempt to impose or dictate any specific solution to the parties;
                     6.    Calls on both sides to participate in constructive negotiations towards a
               political settlement of the conflict and to spare no efforts to overcome their ongoing
               mutual mistrust and underlines that the process of negotiation leading to a lasting
               political settlement acceptable to both sides will require concessions from both
               sides;
                    7.    Welcomes the commitment by the Georgian side to a peaceful resolution
               of the conflict and calls on both parties further to publicly dissociate themselves
               from all militant rhetoric and demonstrations of support for military options;
                    8.   Reminds all concerned to refrain from any action that might impede the
               peace process;
                    9.    Welcomes the convening of regular meetings of senior representatives of
               the Group of Friends and the United Nations in Geneva as well as the participation
               of both sides in the last meeting on 7 and 8 April 2005 and the commitments
               expressed by the parties during this meeting and strongly urges both sides to
               continue to participate constructively in future meetings;
                     10. Urges the parties to participate in a more active, regular and structured
               manner in the task forces established in the first Geneva meeting (to address issues
               in the priority areas of economic cooperation, the return of internally displaced
               persons and refugees, and political and security matters) and complemented by the
               working groups established in Sochi in March 2003, and reiterates that results
               oriented activities in these three priority areas remain key to building common
               ground between the Georgian and Abkhaz sides and ultimately for concluding
               meaningful negotiations on a comprehensive political settlement based on the paper
               entitled “Basic Principles for the Distribution of Competences between Tbilisi and
               Sukhumi” and its transmittal letter;
                     11. Regrets the cancellation of the meeting on security guarantees planned
               for July 2005 and expects that such a meeting with the full participation of both
               sides will be held as soon as possible;


2

                                                                                      S/RES/1615 (2005)


      12. Welcomes the signing on 12 May 2005 of a Protocol with measures to
strengthen the implementation of the Moscow agreement on ceasefire and separation
of forces of 1994;
      13. Calls again on the parties to take concrete steps to revitalize the peace
process in all its major aspects, including their work in the Coordinating Council
and its relevant mechanisms, to build on the results of the Yalta meeting on
confidence-building measures in March 2001 (S/2001/242) and to implement the
proposals agreed on that occasion in a purposeful and cooperative manner, with a
view to holding a fourth conference on confidence-building measures, and
welcomes the intention expressed by Germany to host such a meeting on economic
cooperation and confidence-building measures pending progress in the conflict
resolution process;
      14. Welcomes the positive developments towards the reopening of the
railways between Sochi and Tbilisi and towards the return of refugees and internally
displaced persons;
     15. Notes that contacts at the level of civil society can reinforce mutual
confidence and calls on both sides to facilitate such contacts;
      16. Stresses the urgent need for progress on the question of the refugees and
internally displaced persons, calls on both sides to display a genuine commitment to
make returns the focus of special attention and to undertake this task in close
coordination with UNOMIG and consultations with UNHCR and the Group of
Friends;
      17. Calls for the rapid finalization and signature of the letter of intent on
returns proposed by the Special Representative of the Secretary-General and
welcomes the meetings with the participation of the SRSG and UNHCR of the Sochi
working group on refugees and internally displaced persons;
      18. Reaffirms the unacceptability of the demographic changes resulting from
the conflict, reaffirms also the inalienable rights of all refugees and internally
displaced persons affected by the conflict, and stresses that they have the right to
return to their homes in secure and dignified conditions, in accordance with
international law and as set out in the Quadripartite Agreement of 4 April 1994
(S/1994/397, annex II) and the Yalta Declaration;
      19. Recalls that the Abkhaz side bears a particular responsibility to protect
the returnees and to facilitate the return of the remaining displaced population;
     20. Welcomes the continuing activities of UNDP in the Gali, Ochamchira and
Tkvarcheli districts and the opening of offices by UNDP in Sukhumi and Gali;
      21. Urges the parties once again to implement the recommendations of the
Joint Assessment Mission to the Gali sector (November 2000), regrets that there has
been no progress to that effect despite the positive consideration by the parties given
to those recommendations in the first Geneva meeting and calls again upon the
Abkhaz side to agree to the opening as soon as possible of the Gali branch of the
human rights office in Sukhumi and to provide security conditions for its
unhindered functioning;
      22. Reiterates its concern that despite the start of the deployment of a
civilian police component as part of UNOMIG, as endorsed in resolution 1494



                                                                                                     3

S/RES/1615 (2005)


               (2003) and agreed by the parties, the deployment of the remaining officers in the
               Gali sector is still outstanding and calls on the Abkhaz side to allow for a swift
               deployment of the police component in that region;
                    23. Calls in particular on the Abkhaz side to improve law enforcement
               protection of the local population and to address the lack of instruction in their
               mother tongue for the ethnic Georgian population;
                     24. Welcomes the measures taken by the Georgian side to put an end to the
               activities of illegal armed groups and encourages the maintenance of these efforts;
                   25. Condemns any violations of the provisions of the Moscow Agreement of
               14 May 1994 on a Ceasefire and Separation of Forces (S/1994/583, annex I);
                     26. Welcomes the continuing relative calm in the Kodori valley and
               condemns the continuing criminal activities, including killings and abductions of
               civilians, in the Gali and Zugdidi districts;
                     27. Urges the parties to abide by the provisions of the protocols on security
               issues in the Gali district signed on 19 January 2004 and 8 October 2003, to
               continue their regular meetings and to cooperate more closely with each other to
               improve security in the Gali sector, and takes note of the resumption of Abkhaz
               participation in the Quadripartite meetings and the Joint Fact Finding Group;
                     28. Reiterates its call on the Georgian side to provide comprehensive
               security guarantees to allow for independent and regular monitoring of the situation
               in the upper Kodori valley by joint UNOMIG and CIS peacekeeping force patrols;
                      29. Underlines that it is the primary responsibility of both sides to provide
               appropriate security and to ensure the freedom of movement of UNOMIG, the CIS
               peacekeeping force and other international personnel and calls upon both sides to
               fulfil their obligations in this regard;
                     30. Strongly condemns in that respect the repeated abductions of personnel of
               those missions in the past, deeply deplores that none of the perpetrators have ever
               been identified or brought to justice, reiterates that it is the responsibility of the
               parties to end this impunity and calls upon them to take action;
                     31. Also calls upon the parties, once again, to take all necessary steps, to
               identify those responsible for the shooting down of a UNOMIG helicopter on
               8 October 2001, to bring them to justice, and to inform the SRSG of the steps taken
               in particular in the criminal investigation;
                    32. Welcomes the efforts being undertaken by UNOMIG to implement the
               Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to
               ensure full compliance of its personnel with the United Nations code of conduct,
               requests the Secretary-General to continue to take all necessary action in this regard
               and to keep the Security Council informed, and urges troop-contributing countries to
               take appropriate preventive action including the conduct of predeployment
               awareness training, and to take disciplinary action and other action to ensure full
               accountability in cases of such conduct involving their personnel;
                     33. Decides to extend the mandate of UNOMIG for a new period terminating
               on 31 January 2006; subject to a review as appropriate of its mandate by the Council
               in the event of changes in the mandate of the CIS peacekeeping force;




4

                                                                                   S/RES/1615 (2005)


     34. Requests the Secretary-General to continue to keep the Council regularly
informed and to report three months from the date of the adoption of this resolution
on the situation in Abkhazia, Georgia;
     35.   Decides to remain actively seized of the matter.




                                                                                                  5