Select Committee on European Scrutiny Twenty-Sixth Report


8 EU support for conflict resolution in Georgia

(28690)

Council Joint Action extending Joint Action 2006/439/CFSP regarding a further contribution of the European Union to the conflict settlement process in Georgia/South Ossetia

Legal baseArticle 14 EU; unanimity
DepartmentForeign and Commonwealth Office
Basis of considerationEM of 13 June 2007
Previous Committee ReportNone
To be discussed in Council28 June Environment Council
Committee's assessmentPolitically important
Committee's decisionCleared

Background

8.1 At the time of the break-up of the Soviet Union, many autonomous regions (e.g. South Ossetia and Nagorno Karabakh) tried to upgrade their status to independent states. In 1989, when South Ossetia (in Georgia) did so, Georgia reacted by revoking its status as an autonomous region. Conflict ensued until a Russian-brokered ceasefire in 1992. Over 60,000 people (out of a population of 103,000), mainly ethnic Ossetians but also several thousand Georgians, were displaced. Most of the displaced ethnic Ossetians moved into adjacent North Ossetia (a republic within Russia).

8.2 Conflict settlement machinery was established with OSCE facilitation— known as the JCC — with representatives from Georgia, South Ossetia, North Ossetia, Russia and the OSCE and, through its funding and provision of technical assistance, the Commission as an observer. On 18 July 2005 the Council adopted Joint Action 2005/561/CFSP regarding the EU's contribution to the conflict settlement process. This was further to the first Joint Action (2001/759/CFSP) of 29 October 2001 and the second Joint Action of 12 June 2003. The EU contribution has been to ensure the continued functioning of both the Georgian and South Ossetian Secretariats (run under the aegis of the OSCE) and the JCC.

8.3 Since the first 2001 Joint Action, the belief that Chechen terrorists were taking haven in the remote border regions of Georgia adjacent to the border with Russia and adjacent to South Ossetia led to Russian pre-emptive bombing raids on Georgian territory in 2002. Then, in summer 2004, Georgian President Saakashvili tried to close down the black market in South Ossetia, which led to the most serious outbreak of fighting since the 1992 ceasefire. The hostilities put paid to any political breakthrough in the conflict for a while, and the June 2003 Joint Action was left to wither.

8.4 The 2005 Joint Action thus essentially picked up where the second Joint Action left off. Aid was conditional upon the holding of no less than two JCC and two Experts' group meetings within twelve months, with both the Georgian and South Ossetian sides making demonstrable efforts to achieve real political progress towards a lasting and peaceful settlement of their differences. The Commission, in cooperation with the EUSR and the OSCE Mission to Georgia, would monitor and evaluate the EU contribution — which would receive visible recognition — and control expenditure. The Commission would in turn report on implementation to the Council. The EUSR, in conjunction with the Commission, would assess the need for further support and make recommendations as appropriate.

8.5 The 2005 Joint Action was extended for a further year, from 30 June 2006, in response to a request from both Georgian and South Ossetian JCC co-Chairs for further financial assistance to the conflict settlement process. At that time, the Minister for Europe said that the EU's assistance had usefully reinforced efforts to help resolve the conflict, along with the appointment of the EU Special Representative (EUSR) for the South Caucasus, and that the JCC had had a positive role in supporting peaceful resolution of the conflict. The EUSR would contribute to this conflict prevention and resolution process and work to intensify the EU dialogue with the relevant parties. The Joint Action would finance meetings of the JCC and other mechanisms within the JCC framework, provide for the organisation of JCC conferences and provide running costs for the two Secretariats for one year. Although the Minister said nothing about whether or not the conditions referred to above had been fulfilled, we felt that continuing tensions in Russo-Georgian relations suggested that the continuation of EU support in this context and for this purpose made sense, was risk-free, and was modest — €150,000 (£103,463) funded from the EU's CFSP budget, to be spent over a period of 12 months, with a UK contribution of approximately €25,500 (£17,510). As hitherto, time would tell if it was successful.

The draft Joint Action

8.6 The current Joint Action expires on 30 June 2007. In his Explanatory Memorandum of 13 June 2007, the Minister for Europe at the Foreign and Commonwealth Office (Mr Geoffrey Hoon) says that the proposed Joint Action takes into account that the funds provided for under the current Joint Action have not been fully spent and grants an extension, from 30 June to 31 December — more appropriate, he says, than the customary twelve months' extension.

8.7 The EU funds have not been fully spent over the last year, he says, as scheduled Joint Control Commission meetings "have been continuously postponed by one party or the other as the tensions between Georgia and South Ossetia have increased significantly over the last year". But he sees no alternative to the Joint Control Commission, which he says is the only framework acceptable to all parties. He continues as follows:

"The EU's efforts thus far in promoting dialogue through support for the Joint Control Commission have played a positive role in keeping the parties engaged and discouraging them from resorting to alternative methods to achieve their objectives. Since the inception of this support the EU has appointed, and in 2006 reinvigorated the mandate for, an EU Special Representative for the Caucasus. It is all the more important that the EU maintains these efforts at a time of heightened tensions between the parties. The tensions are likely to persist while uncertainty remains over a political resolution to Kosovo's status."

8.8 In this regard, he says that South Ossetia, "encouraged by Russia", sees a solution of near-independence for Kosovo as one that should be equally applicable in its own situation. "During this time, the Joint Control Commission becomes an important tool for conflict prevention as much as for conflict resolution".

8.9 He says that neither of the conditions — regular JCC meetings and both sides making demonstrable efforts to achieve real political progress towards a lasting and peaceful settlement of their differences — has been met. But he is "not inclined to dismiss the request for an extension to the Joint Action by Roy Reeve, the UK Head of the OSCE Mission to Georgia, a request supported by the Commission and the EU Special Representative. To do so would risk sending the signal that our support for settlement through peaceful negotiations (only) is waning".

8.10 Looking ahead, he says that the Commission, in close cooperation with the EU Special Representative for the South Caucasus, Peter Semneby, and in liaison with the OSCE Mission to Georgia, will monitor and evaluate the EU contribution's implementation and impact; and will report in writing on the Joint Action's implementation to the Council, under the responsibility of the Presidency and assisted by the Secretary General/High Representative, Javier Solana. "The reports will in particular be based on the regular reports provided by the OSCE Mission".

The Government's view

8.11 The Minister continues by noting that the EU's wider objective is to promote a political settlement of the Georgian/South Ossetian conflict, with the full involvement of Russia, thereby improving regional stability. He again says that the EU contribution has been effective in ensuring the functioning of the permanent secretaries for the Georgian and South Ossetian sides, under the aegis of the OSCE, and in facilitating meetings of the JCC and of the Expert's Group, which are the main instruments of the conflict settlement process. "The Government believes it is important that we should be proactive in seeking to deter a military offensive and promote meaningful dialogue to ensure the long-term sustainability of a negotiated settlement".

Conclusions

8.12 On previous occasions we have not considered that, important as the overall situation is, this modest EU contribution to the overall effort warranted a substantive Report to the House. On this occasion, however, we judge that the present unhappy state of EU-Russian relations, which we considered in our previous Report,[21] and the linkage with the Kosovo Status Process negotiations — in both of which major EU interests are engaged — warrant a substantive Report. We should be grateful, therefore, if and when it is proposed to extend or amend the Joint Action at the end of this latest extension, the Minister fully explains the then situation and covers these wider factors in the overall equation in his next Explanatory Memorandum.

8.13 In the meantime, we clear the document.


21   (26607) 8799/05: see HC 41-xxv (2006-07), para 9 (13 June 2007). Back


 
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