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Six Possible Traps in Georgia-Russia Troop Withdrawal Agreements

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  • Six Possible Traps in Georgia-Russia Troop Withdrawal Agreements

    SIX POSSIBLE TRAPS IN GEORGIA-RUSSIA TROOP WITHDRAWAL AGREEMENTS
    by Vladimir Socor

    Eurasia Daily Monitor -- The Jamestown Foundation
    Tuesday, March 15, 2005 -- Volume 2, Issue 51

    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 (see EDM, March 14).

    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 complex 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
    and related agreements. 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 a
    tempting incentive to pressure Georgia to accept prolongation of
    the term upon expiry. 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. Such
    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
    now-unlawful 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. This is not its first use of re-labeling for
    cheating. 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 then
    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. As Moldova
    could not accept such terms, Russia has since 1997 simply ignored
    that 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 modalities of the 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 by a date certain.

    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
    of a kind that Russia or some local clients might prevent Tbilisi
    from fulfilling. Tbilisi must also decline to vouchsafe (if only
    "temporarily") for 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 must initiate consultations with the three
    Baltic states regarding their experience with practical arrangements
    for the withdrawal of Russian forces.

    Vladimir Socor
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