S/RES/1582 (2005)
Security Council Distr.: General
28 January 2005
05-22315 (E)
*0522315*
Resolution 1582 (2005)
Adopted by the Security Council at its 5116th meeting,
on 28 January 2005
The Security Council,
Recalling all its relevant resolutions, in particular resolution 1554 of 29 July
2004 (S/RES/1554),
Welcoming the report of the Secretary-General of 17 January 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
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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. Notes its position on Abkhaz elections as expressed in resolution 1255 of
30 July 1999 (S/RES/1255);
7. 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;
8. 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;
9. Reminds all concerned to refrain from any action that might impede the
peace process;
10. Welcomes the convening of regular meetings of senior representatives of
the Group of Friends and the United Nations in Geneva and encourages both sides to
participate actively in the next meeting;
11. 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 resultsoriented
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;
12. Encourages the sides in that respect to continue their discussion on
security guarantees with the participation of the Group of Friends;
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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 conference pending
progress in the conflict resolution process;
14. Notes that contacts at the level of civil society can reinforce mutual
confidence and calls on both sides to facilitate such contacts;
15. 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;
16. 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;
17. Reaffirms the unacceptability of the demographic changes resulting from
the conflict, reaffirms also the inalienable right of all refugees and internally
displaced persons affected by the conflict 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;
18. Recalls that the Abkhaz side bears a particular responsibility to protect
the returnees and to facilitate the return of the remaining displaced population;
19. Welcomes the continuing activities of UNDP in the Gali, Ochamchira and
Tkvarcheli districts and the opening of offices by UNDP in Sukhumi and Gali;
20. 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;
21. Reiterates its concern that despite the start of the deployment of a
civilian police component as part of UNOMIG, as endorsed in resolution 1494
(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;
22. Calls in particular on the Abkhaz side to improve law enforcement
involving the local population and to address the lack of instruction in their mother
tongue for the ethnic Georgian population;
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23. 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;
24. 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);
25. Welcomes the continuing relative calm in the Kodori valley, condemns
the killings and abductions of civilians in the Gali district;
26. 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;
27. 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;
28. 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;
29. 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;
30. 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;
31. Decides to extend the mandate of UNOMIG for a new period terminating
on 31 July 2005; 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;
32. 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;
33. Decides to remain actively seized of the matter.