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Beware of Traps in Georgia-Russia Troop Withdrawal Agreement

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  • Beware of Traps in Georgia-Russia Troop Withdrawal Agreement

    Civil Georgia, Georgia
    March 15 2005

    Beware of Traps in Georgia-Russia Troop Withdrawal Agreement

    By Vladimir Socor / 2005-03-15 19:45:36
    Re-posted from the Jamestown Foundation web-site

    The Georgian Parliament passed a resolution on March 10 that requires
    Russia unconditionally to withdraw its forces from Georgia no later
    than January 1, 2006 -- unless Moscow reaches agreement with Tbilisi
    before May 15, 2005, on a "reasonable timeframe" for the troop
    withdrawal.

    Georgia will be safer if the troop withdrawal timeframe remains as
    defined by the parliamentary resolution, without political conditions
    or linkages to other issues. Georgia would, however, run serious
    risks if it tries negotiating a political agreement with Russia on
    troop withdrawal and allow it to become linked to other issues. In
    that case, Moscow would again drag out the negotiations while trying
    to pressure or lure Tbilisi into signing an agreement filled with
    traps and conditionalities.

    Based on 14 years of experience in the Baltic states, Moldova, and
    Georgia itself, at least six traps can be expected to be laid by
    Moscow into the text of a political agreement with Georgia on troop
    withdrawal. Those traps would be designed to negate the goal of
    military withdrawal, ensuring a military presence instead.

    1. Legalization

    Whatever "reasonable timeframe" is ultimately agreed for troop
    withdrawal -- 3 years as Tbilisi hopes, 7 years as Moscow demands, or
    a compromise -- Russia wants the presence of its troops to be
    legalized for the duration. If this is done, Moscow will have an
    incentive to prolong the term upon expiry, and will almost certainly
    try to pressure Georgia to accept prolongation de facto. The Baltic
    states were aware of this risk when they refused to legalize the
    presence of Russian troops on their territories for any "temporary"
    or "transitional" period. Legalization by Georgia would: a) undermine
    the irreplaceable argument of national sovereignty for the ridding
    the country of Russian troops; b) enable Russia, under the CFE Treaty
    and in other contexts, to cite "host-country consent" by Georgia; c)
    weaken international sympathy and support for Georgia's ultimate goal
    of terminating Russia's military presence; d) retain, instead of
    removing, a potential time-bomb of a political-military nature inside
    the country; and e) interfere with Georgia's national goal of
    integration with NATO. Like the Baltic states, Georgia must never
    legalize Russia's military presence for any length of time.

    2. Re-Labeling

    Russia hopes to retain the Batumi and Akhalkalaki bases and its
    Tbilisi general headquarters by re-labeling them "anti-terrorist
    centers." Georgians originally came up with this idea in 2004 in
    order to re-start the Russian-blocked negotiations and to provide
    Moscow with a face-saving way to withdraw the troops. Tbilisi had
    envisaged the formation of one joint Georgian-Russian analytical
    anti-terrorist center, under Georgian sovereign control and not
    located at any existing military base, to be created in the wake of
    the garrisons' departure, and to include several score of Russian
    officers, without troops or armaments. Moscow, however, seized
    Tbilisi's goodwill gesture and turned it against Georgia. Last month,
    Moscow proposed to rename the existing bases as "anti-terrorist
    centers" and even to augment their garrisons; and when Tbilisi
    refused, Moscow publicly blamed Tbilisi for blocking the
    negotiations. Georgia may have outsmarted itself with that offer in
    the first place. With anti-terrorism an international concern for
    many years to come -- and, sometimes, a cover for any use of coercion
    -- it is easy to envisage Russia demanding to retain "anti-terrorist
    centers" in Georgia into the future, while propagandizing (as it
    already does) that Georgia tolerates "international terrorism."
    Moscow has grossly abused Georgia's face-saving offer. Three years
    ago, Russia re-labeled its Gudauta military base as "peacekeeping"
    and retains it to this day, in breach of its 1999 commitment to have
    closed down that base by 2001. The lesson from all this to Tbilisi is
    that it must require the withdrawal of Russian troops unambiguously,
    without the risky and time-wasting complications of tinkering with
    their labels. The Baltic states were successful because their
    position was never less than straightforward.

    3. Ratification

    Russia will try to require parliamentary or some other type of
    ratification of a troop-withdrawal agreement with Georgia. The
    experience of Moldova is instructive on this point. In 1994,
    then-prime ministers Viktor Chernomyrdin and Andrei Sangheli signed
    an intergovernmental agreement on the withdrawal of Russian troops
    from Moldova within three years (by October 1997). A Russian-added
    codicil stipulated, however, that implementation would be subject to
    "the states' internal procedures," not further specified. The Kremlin
    promptly interpreted this as requiring parliamentary ratification.
    Moldova's parliament quickly ratified the agreement; but Russia's
    Duma never did. Instead, the Russian government for years thereafter
    presented additional conditions just for submitting the agreement to
    the Duma for debate, and the Duma piled up additional conditions for
    examining the document, with still more conditions for ratifying the
    agreement, which it never did. Ultimately, the main condition was
    Moldova's acceptance of Transnistria's separation with Russian troops
    in place. Since 1997, Russia has simply ignored the agreement. With
    this experience in mind, Tbilisi must insist on an executive
    agreement with Russia on troop withdrawal, fully binding from the
    inception, and providing for effective international oversight (other
    than by the OSCE) of its implementation.

    4. Istanbul Formula

    Moscow wants to retain the OSCE Istanbul 1999 formula, because it
    does not require the closure of the Batumi and Akhalkalaki bases. It
    merely stipulated, "during the year 2000 the sides will complete
    negotiations regarding the duration and functioning of the Russian
    military bases at Batumi and Akhalkalaki and the Russian military
    facilities within Georgia." This formula must finally be cast aside
    because Moscow has breached it -- along with many other points of the
    OSCE Istanbul 1999 agreements -- constantly and massively throughout
    these years. The Istanbul formula was patently inadequate in the
    first place because it failed to stipulate the goals of base closure
    and troop withdrawal regarding Batumi, Akhalkalaki, and other Russian
    military installations. Any new agreement with Russia must precisely
    stipulate the binding obligation to close the bases and installations
    and withdraw the troops.

    5. Georgian Obligations

    Russia will try to saddle Georgia with obligations to create proper
    conditions for the reduction and withdrawal of Russian troops,
    facilitate the functioning of bases and movement of personnel, vouch
    for a secure environment in the base areas, and so on. Moscow will
    formulate some conditions very broadly in order to abuse them later,
    but will also advance some very specific conditions that Georgia
    might be unable to fulfill in time or at all. Thus, Russia refused to
    hand over Gudauta to Georgia -- and has since blocked any meaningful
    international inspection -- on the excuse that Georgia is unable to
    provide security in the area, which happens to be controlled by
    Russia's Abkhaz proteges. In Akhalkalaki, Moscow can well orchestrate
    demonstrations by local Armenians in favor of retaining the Russian
    base, then claim that it could not and would not act against the will
    of the local population. Russia has already played this game for
    years in Transnistria as an excuse for keeping its troops in place.
    With this in mind, Georgia must not accept any obligations that
    Russia or some local clients might prevent Tbilisi from fulfilling.
    Tbilisi must also decline to guarantee (if only "temporarily") the
    operation of Russian bases. Such an obligation would deprive Georgia
    of leverage later on, in the likely event that Moscow tries yet again
    to renege on its troop-withdrawal commitments.

    6. Linkages

    The Kremlin has managed to tie up the military negotiations with the
    negotiations on a new interstate political treaty. As a precondition
    to a troop-withdrawal agreement, Moscow now demands that the
    political treaty rule out the hosting of third-party troops and
    military installations on Georgia's territory, and generally
    constrict Georgia's independent military cooperation with other
    countries. As a further precondition to withdrawal of its troops
    (other than the "peacekeepers"), Moscow wants the political treaty to
    enshrine a special role for Russia in settling the Abkhazia and South
    Ossetia conflicts and protecting the [newly-minted] "Russian
    citizens" there. Russia's Ministry of Foreign Affairs claims that
    such clauses are necessary in order to persuade the Duma to ratify an
    interstate treaty with Georgia, if one is signed. This claim is
    implausible in view of the Kremlin's control of a comfortable
    majority in the Duma. For its part, Tbilisi must reject any linkages
    between a troop-withdrawal agreement and extraneous political issues.
    It can simply offer a commitment that Georgian territory would not be
    used by a third party against Russia. However, Georgia's
    international security arrangements and internal constitutional setup
    do not belong in a bilateral treaty with Russia. Nor should Georgia
    legitimize those "peacekeeping" operations as part of an agreement
    with Russia.

    At this point, Tbilisi can initiate consultations with the three
    Baltic states regarding their experience with political and
    logistical arrangements for the withdrawal of Russian forces.
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