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Analysis: German plan on Abkhazia needs substantial reworking

Reading Time: 4 minutesGermany distributed its plan for a political settlement of the Abkhazia conflict within the European Union’s Political and Security Committee — which includes 27 delegations — simultaneously with

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Author: Vladimir Socor, Eurasia Daily Monitor

Germany distributed its plan for a political settlement of the Abkhazia conflict within the European Union’s Political and Security Committee — which includes 27 delegations — simultaneously with Germany’s presentation of the plan in Tbilisi, Sukhumi, and Moscow.

Drafted by the German Ministry of Foreign Affairs, the document has been more or less cleared by the UN Secretary General’s Group of Friends on Georgia, consisting of the United States, Russia, Britain, France, and Germany which chairs the group at this time. Presenting the document on the Friends’ behalf made it look initially as if Moscow was more or less on board. Russia and the Abkhaz authorities, however, rebuffed the document promptly on its official presentation by the German MFA there, even before Steinmeier had reached Sukhumi and Moscow (see EDM, July 18).

Brusquely at first and then more politely, Moscow has basically turned down the German plan despite its far-reaching concessions to Russian interests.

The document accepts the continuation of Russia’s “peacekeeping” operation. This can not be surprising, considering the German MFA’s support for Russian “peacekeeping” in Moldova and Georgia in the name of “stability” since Steinmeier became minister.

It is, however, surprising that the document fails to mention Georgia’s territorial integrity and internationally recognized borders. Such mentions are standard at least pro forma in international documents. Only Russia has ceased even that lip service since the beginning of this year, practically de-recognizing Georgia’s integrity and borders (see EDM, July 11). The omission in the German plan is a striking one and Steinmeier hastened to repair it, at least in words, in Georgia (though not, apparently, at the two other stops on his tour). Emerging from the talks with President Mikheil Saakashvili, Steinmeier found it necessary to add several times during the briefing that Germany respects Georgia’s territorial integrity (Georgian Public TV, July 18).

Surprisingly again for a document under nominal UN aegis, the German plan abandons the usage “Abkhazia, Georgia,” which is standard in UN and other international documents and is designed to imply that Abkhazia is within Georgia. Instead, the German document refers simply to “Abkhazia,” whether inadvertently or otherwise. The document implicitly accepts the fiction that Georgia and Abkhazia are “the parties to the conflict.” This usage, admittedly, has become standard in many international documents, to avoid confronting Russia’s responsibility as party to the conflict and its orchestrator. But the German plan was supposed to change something in this flawed process, not to reinforce those flaws.

The plan consists of three phases, of which the first is the most elaborately presented. Here, “the parties” (Georgia and Abkhazia) would exchange declarations on non-resumption of hostilities. After this, “drawing on existing bodies,” Tbilisi and Sukhumi would establish a framework for direct high-level dialogue, in which the United Nations Observer Mission in Georgia (UNOMIG) and the UNSG’s Group of Friends would serve as facilitators. This is a marginal improvement on the existing situation, in which Russia is the “facilitator.”

Given Russia’s veto power over UNOMIG and the Group of Friends, however, it seems difficult to see how the proposed change could unblock the negotiating process. The plan would allow for any further internationalization “if the parties so agree” — i.e., subject to an Abkhaz veto, without Russia having to cast its own veto.

As regards international peacekeeping (other than Russian), “Both sides will consider a possible deployment of international police.” This leaves the issue again dependent on Russian and Abkhaz consent. Moreover, “Should a threat to security arise, existing mechanisms would be implemented to avoid a military confrontation.” This provision also maintains Russian control on the ground.

The plan enshrines the “general acceptance of the right of return of all internally displaced persons (IDPs) and refugees to Abkhazia, as well as the obligation to safeguard the full range of their rights.” On the other hand, however, “the parties [Tbilisi and Sukhumi] will agree on the modalities of their return.” This leaves wide scope for Abkhaz or Russian stonewalling, whether overtly or through conditionalities.

The document envisages “Open economic opportunities for the Abkhaz to trade with Georgian and international partners.” This is a two-edged sword, which Moscow will undoubtedly construe as authorizing an expanded Russian economic presence in Abkhazia. The plan’s first phase is expected to be implemented within 15 months.

In the second phase, Germany would host an International donors’ conference with the participation of the EU, UN, OSCE, international financial organizations, Russia, and the United States. Donors would pledge funds for reconstruction of “Abkhazia and areas neighboring the zone of conflict” (those latter areas being apparently the Georgian-controlled districts along the demarcation line).

During this phase, refugees and IDPs would continue returning to their homes in Abkhazia. “The parties,” local communities, and NGOs are to cooperate in creating adequate conditions for living, schooling, the administration, and inter-ethnic cooperation there. Judging from contextual remarks, the return program is initially limited to the Gali and Ochamchire districts.

In the third and final phase, a working group would be created to draft the “political status of Abkhazia” [no mention of Georgia]. The group would consist of “the parties,” “assisted by international facilitators and guarantors.” The UN Security Council would ultimately “endorse the status agreement and monitor its implementation.” A follow-up conference of international donors would then be called to provide further support for reconstruction.

The concept of “guarantors” appears here for the first time in the document and is not defined, whether in itself or in relation to UNSC “monitoring.” This strengthens the impression that the document is only intended as a broad framework, with ample room to take Georgian views more carefully into account and change the unacceptable situation on the ground. This scope for improvement may yet become the German plan’s saving grace.

(German MFA, “Georgia/Abkhazia: Elements for a peaceful settlement of the conflict,” document distributed at the EU Council’s Political and Security Committee meeting, July 11).

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FC Sheriff Tiraspol victory: can national pride go hand in hand with political separatism?

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A new football club has earned a leading place in the UEFA Champions League groups and starred in the headlines of worldwide football news yesterday. The Football Club Sheriff Tiraspol claimed a win with the score 2-1 against Real Madrid on the Santiago Bernabeu Stadium in Madrid. That made Sheriff Tiraspol the leader in Group D of the Champions League, including the football club in the groups of the most important European interclub competition for the first time ever.

International media outlets called it a miracle, a shock and a historic event, while strongly emphasizing the origin of the team and the existing political conflict between the two banks of the Dniester. “Football club from a pro-Russian separatist enclave in Moldova pulls off one of the greatest upsets in Champions League history,” claimed the news portals. “Sheriff crushed Real!” they said.

Moldovans made a big fuss out of it on social media, splitting into two groups: those who praised the team and the Republic of Moldova for making history and those who declared that the football club and their merits belong to Transnistria – a problematic breakaway region that claims to be a separate country.

Both groups are right and not right at the same time, as there is a bunch of ethical, political, social and practical matters that need to be considered.

Is it Moldova?

First of all, every Moldovan either from the right or left bank of Dniester (Transnistria) is free to identify himself with this achievement or not to do so, said Vitalie Spranceana, a sociologist, blogger, journalist and urban activist. According to him, boycotting the football club for being a separatist team is wrong.

At the same time, “it’s an illusion to think that territory matters when it comes to football clubs,” Spranceana claimed. “Big teams, the ones included in the Champions League, have long lost their connection both with the countries in which they operate, and with the cities in which they appeared and to which they linked their history. […] In the age of globalized commercial football, teams, including the so-called local ones, are nothing more than global traveling commercial circuses, incidentally linked to cities, but more closely linked to all sorts of dirty, semi-dirty and cleaner cash flows.”

What is more important in this case is the consistency, not so much of citizens, as of politicians from the government who have “no right to celebrate the success of separatism,” as they represent “the national interests, not the personal or collective pleasures of certain segments of the population,” believes the political expert Dionis Cenusa. The victory of FC Sheriff encourages Transnistrian separatism, which receives validation now, he also stated.

“I don’t know how it happens that the “proud Moldovans who chose democracy”, in their enthusiasm for Sheriff Tiraspol’s victory over Real Madrid, forget the need for total and unconditional withdrawal of Russian troops from Transnistria!” declared the journalist Vitalie Ciobanu.

Nowadays, FC Sheriff Tiraspol has no other choice than to represent Moldova internationally. For many years, the team used the Moldovan Football Federation in order to be able to participate in championships, including international ones. That is because the region remains unrecognised by the international community. However, the club’s victory is presented as that of Transnistria within the region, without any reference to the Republic of Moldova, its separatist character being applied in this case especially.

Is it a victory?

In fact, FC Sheriff Tiraspol joining the Champions League is a huge image breakthrough for the Transnistrian region, as the journalist Madalin Necsutu claimed. It is the success of the Tiraspol Club oligarchic patrons. From the practical point of view, FC Sheriff Tiraspol is a sports entity that serves its own interests and the interests of its owners, being dependent on the money invested by Tiraspol (but not only) oligarchs.

Here comes the real dilemma: the Transnistrian team, which is generously funded by money received from corruption schemes and money laundering, is waging an unequal fight with the rest of the Moldovan football clubs, the journalist also declared. The Tiraspol team is about to raise 15.6 million euro for reaching the Champions League groups and the amounts increase depending on their future performance. According to Necsutu, these money will go directly on the account of the club, not to the Moldovan Football Federation, creating an even bigger gab between FC Sheriff and other football clubs from Moldova who have much more modest financial possibilities.

“I do not see anything useful for Moldovan football, not a single Moldovan player is part of FC Sheriff Tiraspol. I do not see anything beneficial for the Moldovan Football Federation or any national team.”

Is it only about football?

FC Sheriff Tiraspol, with a total estimated value of 12.8 million euros, is controlled by Victor Gusan and Ilya Kazmala, being part of Sheriff Holding – a company that controls the trade of wholesale, retail food, fuels and medicine by having monopolies on these markets in Transnistria. The holding carries out car trading activities, but also operates in the field of construction and real estate. Gusan’s people also hold all of the main leadership offices in the breakaway region, from Parliament to the Prime Minister’s seat or the Presidency.

The football club is supported by a holding alleged of smuggling, corruption, money laundering and organised crime. Moldovan media outlets published investigations about the signals regarding the Sheriff’s holding involvement in the vote mobilization and remuneration of citizens on the left bank of the Dniester who participated in the snap parliamentary elections this summer and who were eager to vote for the pro-Russian socialist-communist bloc.

Considering the above, there is a great probability that the Republic of Moldova will still be represented by a football club that is not identified as being Moldovan, being funded from obscure money, growing in power and promoting the Transnistrian conflict in the future as well.

Photo: unknown

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Prime Minister Natalia Gavrilita meets high-ranking EU officials in Brussels

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Prime Minister of the Republic of Moldova, Natalia Gavrilita, together with Deputy Prime Minister and Minister of Foreign Affairs, Nicu Popescu, pay an official visit to Brussels, between September 27-28, being invited by High Representative of the European Union for Foreign Affairs and Security Policy, Josep Borrell Fontelles.

Today, Prime Minister had a meeting with Charles Michel, President of the European Council. The Moldovan PM thanked the senior European official for the support of the institution in strengthening democratic processes, reforming the judiciary and state institutions, economic recovery and job creation, as well as increasing citizens’ welfare. Natalia Gavrilita expressed her confidence that the current visit laid the foundations for boosting relations between the Republic of Moldova and the European Union, so that, in the next period, it would be possible to advance high-level dialogues on security, justice and energy. Officials also exchanged views on priorities for the Eastern Partnership Summit, to be held in December.

“The EU is open to continue to support the Republic of Moldova and the ambitious reform agenda it proposes. Moldova is an important and priority partner for us,” said Charles Michel.

Prime Minister Natalia Gavrilita also met with Paolo Gentiloni, European Commissioner for Economy, expressing her gratitude for the support received through the OMNIBUS macro-financial assistance program. The two officials discussed the need to advance the recovery of money from bank fraud, to strengthen sustainable mechanisms for supporting small and medium-sized enterprises in Moldova, and to standardize the customs and taxes as one of the main conditions for deepening cooperation with the EU in this field.

Additionally, Prime Minister spoke about the importance of the Eastern Partnership and the Deep Free Trade Agreement, noting that the Government’s policies are aimed at developing an economic model aligned with the European economic model, focused on digitalization, energy efficiency and the green economy.

A common press release of the Moldovan Prime Minister with High Representative of the European Union for Foreign Affairs and Security Policy/Vice-President of the Commission, Josep Borrell Fontelles, took place today, where the agenda of Moldova’s reforms and the main priorities to focus on in the coming months were presented: judiciary reform; fighting COVID-19 pandemic; promoting economic recovery and conditions for growth and job creation; strengthening state institutions and resilience of the country.

“I am here to relaunch the dialogue between my country and the European Union. Our partnership is strong, but I believe there is room for even deeper cooperation and stronger political, economic and sectoral ties. I am convinced that this partnership is the key to the prosperity of our country and I hope that we will continue to strengthen cooperation.”

The Moldovan delegation met Didier Reynders, European Commissioner for Justice. Tomorrow, there are scheduled common meetings with Oliver Varhelyi, European Commissioner for Neighborhood and Enlargement, Adina Valean, European Commissioner for Transport and Kadri Simson, European Commissioner for Energy.

Prime Minister will also attend a public event, along with Katarina Mathernova, Deputy Director-General for Neighbourhood Policy and Enlargement Negotiations.

Photo: gov.md

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Promo-LEX about Maia Sandu’s UN speech: The president must insist on appointing a rapporteur to monitor the situation of human rights in Transnistria

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The President of the Republic of Moldova, Maia Sandu, pays an official visit to New York, USA, between September 21-22. There, she participates in the work of the United Nations General Assembly. According to a press release of the President’s Office, the official will deliver a speech at the tribune of the United Nations.

In this context, the Promo-LEX Association suggested the president to request the appointment of a special rapporteur in order to monitor the situation of human rights in the Transnistrian region. According to Promo-LEX, the responsibility for human rights violations in the Transnistrian region arises as a result of the Russian Federation’s military, economic and political control over the Tiraspol regime.

“We consider it imperative to insist on the observance of the international commitments assumed by the Russian Federation regarding the withdrawal of the armed forces and ammunition from the territory of the country,” the representatives of Promo-LEX stated. They consider the speech before the UN an opportunity “to demand the observance of the Universal Declaration of Human Rights by the Russian Federation with reference to this territory which is in its full control.”

“It is important to remember about the numerous cases of murder, torture, ill-treatment, forced enlistment in illegal military structures, the application of pseudo-justice in the Transnistrian region, all carried out under the tacit agreement of the Russian Federation. These findings stem from dozens of rulings and decisions issued by the European Court of Human Rights, which found that Russia is responsible for human rights violations in the region.”

The association representatives expressed their hope that the president of the country would give priority to issues related to the human rights situation in the Transnistrian region and would call on relevant international actors to contribute to guaranteeing fundamental human rights and freedoms throughout Moldova.

They asked Maia Sandu to insist on the observance of the obligation to evacuate the ammunition and the military units of the Russian Federation from the territory of the Republic of Moldova, to publicly support the need for the Russian Federation to implement the ECtHR rulings on human rights violations in the Transnistrian region, and to request the appointment of an UN Human Rights Council special rapporteur  to monitor the human rights situation in the Transnistrian region of the Republic of Moldova.

**

The Promo-LEX Association concluded that 14 out of 25 actions planned within the National Action Plan for the years 2018–2022 concerning respecting human rights in Transnistria were not carried out by the responsible authorities.

The association expressed its concern and mentioned that there are a large number of delays in the planned results. “There is a lack of communication and coordination between the designated institutions, which do not yet have a common vision of interaction for the implementation of the plan.”

Promo-LEX requested the Government of the Republic of Moldova to re-assess the reported activities and to take urgent measures, “which would exclude superficial implementation of future activities and increase the level of accountability of the authorities.”

Photo: peacekeeping.un.org

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