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General Assembly Adopts Resolution Recognizing Right Of Return By Re

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  • General Assembly Adopts Resolution Recognizing Right Of Return By Re

    GENERAL ASSEMBLY ADOPTS RESOLUTION RECOGNIZING RIGHT OF RETURN BY REFUGEES, INTERNALLY DISPLACED PERSONS TO ABKHAZIA, GEORGIA

    United Nations General Assembly
    15 May 2008

    Sixty-second General Assembly
    Plenary
    97th Meeting (AM)

    In a recorded vote of 14 Member States in favour to 11 against and
    105 abstaining, the sixty-second session of the General Assembly today
    recognized the right of all refugees and internally displaced persons
    and their descendants, regardless of ethnicity, to return to Abkhazia,
    Georgia. (See annex for voting details.)

    Deeply concerned by the demographic changes resulting from the
    conflict in Abkhazia, Georgia, and regretting any attempt to alter the
    pre-conflict demographic composition there, the Assembly underlined
    the urgent need for the rapid development of a timetable to ensure
    the prompt voluntary return of all refugees and internally displace
    persons to their homes.

    Also by the text, the Assembly emphasized the importance of preserving
    the property rights of refugees and internally displaced persons,
    including victims of reported 'ethnic cleansing', and called upon all
    Member States to deter persons under their jurisdiction from obtaining
    property within the territory of Abkhazia, Georgia, in violation of
    the rights of returnees.

    Introducing the draft resolution (document A/62/L.45), the
    representative of Georgia said that more than 500,000 people of
    various ethnic origins were suffering a humanitarian disaster as a
    consequence of the conflict. There had been 'complete ethnic cleansing'
    of the Georgian population from Abkhazia, Georgia, and for more than
    14 years, the people who had fled their homes were forced to live
    with a growing sense of hopelessness. By challenging the status quo,
    Georgia was striving to create new ways to bring about a lasting
    resolution to the conflict.

    In explanation of his country's negative vote, the representative
    of the Russian Federation said that the draft, while addressing a
    humanitarian problem, took a political approach to the conflict. If
    adopted, the text would destabilize United Nations conflict-resolution
    activities, because the problem of return, while important, was not
    the only one. The draft had separated the issue of return from related
    tasks for achieving peace in the region and made the resolution of
    the problem more difficult. The adoption of a selective resolution
    would lead to a worsening of Georgian-Abkhaz relations.

    Calling on Member States to support the resolution, the representative
    of Ukraine said conflicts in the region remained major impediments
    to the democratic and economic development of Azerbaijan, Moldova
    and Georgia. They must be settled through unconditional recognition
    of the principles of territorial integrity and human rights. It was
    dangerous to assume, as had been insinuated, that the recent tensions
    around Abkhazia were a result of developments in Kosovo. Instead, they
    were a result of the criminal policies of the former Soviet Union,
    which had established an environment of mistrust.

    In explaining their abstentions, other representatives said they
    supported the return of the internally displaced persons and
    refugees, and recognized Georgia's sovereignty and territorial
    integrity. However, the matter had already been addressed by the
    Security Council in its resolution 1808 (2008) and all parties should
    refrain from any actions that could lead to an increase in tensions
    in the region while pursuing a peaceful resolution of the conflict.

    At the outset of the meeting, Hjálmar W. Hanneson ( Iceland), Assembly
    Vice-President, extended condolences to the Governments and people
    of Myanmar and China for the tragic loss of life and material damage
    resulting from the recent cyclone and earthquake that, respectively,
    had struck the two countries. It was to be hoped that the international
    community would show its solidarity.

    The Assembly was also informed that Benin had made the necessary
    payment to reduce its arrears below the amount specified in Article
    19 of the United Nations Charter.

    Other speakers today were the representative of Azerbaijan, China,
    Armenia, Germany, Italy, Turkey, France, United Kingdom, Japan,
    Panama and Viet Nam.

    Background

    The General Assembly convened this morning to consider protracted
    conflicts in the GUAM ( Georgia, Ukraine, Azerbaijan, Moldova)
    area and their implications for international peace, security and
    development. It was also expected to take action on a related draft
    resolution.

    Statements

    IRAKLI ALASANIA (Georgia), introducing a draft resolution on the
    'status of internally displaced persons and refugees from Abkhazia,
    Georgia' (document A/62/L.45), drew attention to the fact that
    more than 500,000 people of various ethnic origins were suffering
    a humanitarian disaster today as a consequence of the conflict in
    Abkhazia, Georgia. Those forced into exile had been denied access
    to their homes and those who had stayed were exposed to constant
    fear of insecurity and poverty. The draft resolution was designed to
    reinforce an ongoing settlement process and address concerns of both
    sides in the conflict. Protection of the rights of all residents who
    continued to live in Abkhazia, Georgia, was of paramount value, and
    the right to return of all refugees and internally displaced persons
    must be reaffirmed.

    Describing the 'complete ethnic cleansing' of the Georgian
    population from Abkhazia, Georgia, he said the draft recalled the
    'ethnic cleansing' reported by the Organization for Security and
    Cooperation in Europe (OSCE). Although ethnic cleansing had been
    ruthlessly conducted against Georgians, other nationalities had also
    been forced to flee the region. For more than 14 years, those who
    had fled their homes were still forced to live with a growing sense
    of hopelessness. As some people had illegally acquired private and
    public properties in the territory, those illegal actions should be
    condemned and treated accordingly.

    Stressing that a house divided against itself could not stand, he
    said unification had become the guiding principle of the Georgian
    Government, in full cooperation with the United Nations. By challenging
    the status quo, Georgia was striving to create new ways to bring about
    a lasting resolution to the conflict. Recent Georgian peace initiatives
    included proposals for the constitutional protections of Abkhaz rights.

    He said the conflict in Abkhazia had illustrated how Georgia had
    become the outstanding historical example of how externally generated
    and meaningless conflicts in the Caucasus had been maintained in a
    frozen state to subdue and control the people of Georgia. The only
    lesson learned was that war and oppression bred only a radical and
    violent reaction to fight back. Only direct and sincere talks among
    the aggrieved parties -- in which feelings would be conveyed without
    rancour, hostility or bitterness -- could guide the opposing sides
    towards peaceful coexistence.

    AGSHIN MEHDIYEV ( Azerbaijan) said that both cases of displacement in
    the GUAM area had many similarities and indicated the seriousness of
    the situation about which his country had warned the international
    community for the past 15 years. Such situations were a threat not
    only to stability in the region, but to the entire world. They had both
    started because of aggressive separatism with the aim of using force to
    change fundamentally the affected territories' demographic composition.

    The only way to reach a just and comprehensive settlement of
    both situations, he said, was an approach based on full respect
    for the letter and spirit of international law; respecting the
    territorial integrity of Azerbaijan, Georgia and Moldova; returning
    displaced persons to their homes; restoring the pre-war demographic
    composition of the affected areas; and providing normal, secure and
    equal conditions of life for all communities involved. Any other
    approach would be tantamount to accepting the consequences of ethnic
    cleansing and other serious violations of the rule of law and human
    rights. Azerbaijan supported fully the draft resolution submitted
    by Georgia.

    YURIY SERGEYEV ( Ukraine) said the conflicts under discussion
    remained major impediments to the democratic and economic development
    of Azerbaijan, Moldova and Georgia, and must be settled through
    unconditional recognition of the principles of territorial integrity
    and human rights. It was dangerous to assume, as had been insinuated,
    that the recent tensions around Abkhazia, Georgia, were a result
    of developments in Kosovo. Instead, they were a result of the
    criminal policies of the former Soviet Union, which had established
    an environment of mistrust. The Russian Federation continued that
    notorious tradition by inserting separatism into the GUAM region, and
    the recent Russian decisions to upgrade relations with Abkhazia and
    South Ossetia were a cause of particular concern, as they undermined
    peace processes and contradicted the Russian Federation's mediation
    role.

    There was, therefore, an urgent need to change the climate of the peace
    negotiations in those conflicts, he said. The GUAM States were ready
    to cooperate actively and constructively with the United Nations,
    OSCE, the European Union and the mediator States. The international
    community should call on the Russian Federation to review its policy in
    the area and build bilateral relations on the basis of international
    law and its role as mediator. Ukraine called upon Member States to
    support the draft resolution submitted by Georgia.

    ZHENMIN LIU ( China) said his country respected Georgia's territorial
    integrity and understood its concerns about the internally displaced
    persons and refugees affected by the conflict situation. All parties
    concerned should, therefore, comply with Security Council resolution
    1808 (2008) and make all efforts to settle the conflict peacefully.

    Action on Draft Resolution

    The representative of Armenia, speaking in explanation of position
    before the vote, reminded the Assembly that his country had opposed
    inclusion of the item on the agenda because it was irrelevant. Armenia
    would not support the draft. Refugees and internally displaced persons
    were the most tragic outcome of any conflict and the internally
    displaced Abkhazians were of particular concern to Armenia, as tens
    of thousands of Armenians had previously lived in that area. In
    the mid-1990s, attempts had been made to settle the returnees, but
    those efforts had fallen short of expectations because the matter
    had been taken up before the core issues were addressed. Neglecting
    to resolve the fundamental problems in a comprehensive manner was
    counterproductive and could endanger the conflict-resolution process.

    The representative of the Russian Federation expressed regret that
    Georgia had put the draft resolution forward, although it did not
    affect Russian-Georgian relations. While addressing a humanitarian
    problem, the text took a political approach to the conflict, giving a
    distorted impression and failing to address the background. Georgia
    had not followed up on recommendations made by the Office of the
    United Nations High Commissioner for Refugees.

    He said the draft resolution was meant to put pressure on the
    Abkhaz side to settle political problems. If adopted, it would
    destabilize United Nations activities in settling the conflict,
    because the problem of return, while important, was not the only
    one. The text separated the issue of return from related tasks of
    achieving peace in the region and made the search for a solution more
    difficult. The draft also failed to take into account the rights of
    other nationalities who had lost property and been displaced. The
    adoption of a selective resolution would lead to a worsening in
    Georgian-Abkhaz relations. Georgia had not held consultations and had
    issued the text only yesterday, giving little time to study it. The
    draft resolution was counterproductive and would lead to increased
    tensions in the region. There was not alternative but to put the
    draft to a vote and to vote against it.

    In a recorded vote of 14 in favour to 11 against, with 105 abstentions,
    the General Assembly then adopted the text. (See Annex)

    The representative of Germany, speaking in explanation of position,
    said he absolutely supported the swift return of internally displaced
    persons and refugees, but had abstained because the text ignored many
    other aspects of the situation. As head of the Group of Friends of
    Georgia, Germany would continue to support a peaceful resolution of
    the issue, based on the territorial integrity of Georgia, dialogue,
    mutual trust and agreement.

    The representative of Italy, reiterating his country's commitment
    to the territorial integrity and sovereignty of Georgia, called
    on all parties to refrain from any actions that could lead to an
    escalation of violence, and to pursue a peaceful resolution of the
    conflict. Italy supported confidence-building measures for the region,
    but had abstained from the vote because the subject matter was under
    consideration by the Security Council, which took up the matter on
    a consistent basis in light of its resolutions.

    The representative of Turkey also reiterated his country's commitment
    to the territorial integrity and sovereignty of Georgia and to efforts
    towards a peaceful settlement of the conflict. Turkey was seriously
    concerned about recent events that had raised tensions and called on
    all parties to shun escalation and pursue a peaceful resolution. Turkey
    stood ready to assist in that effort.

    The representative of France reiterated his country's support for
    Georgia's territorial integrity and its commitment to the return of
    displaced persons and their property rights. The Security Council was
    seized of the question of their return and a commitment by the parties
    to work together on the matter would help resolve the conflict. France
    had abstained from the vote because it did not believe the initiative
    would achieve crucial humanitarian and political objectives.

    The representative of the United Kingdom said she had abstained
    from the vote although her country was greatly concerned about the
    return of internally displaced persons and refugees. The United
    Kingdom reiterated its support for Georgia's territorial integrity
    and a peaceful resolution of the conflict through dialogue between
    the parties.

    The representative of Japan said he had abstained from the vote
    because of the various implications it could pose. Japan remained
    strongly interested in the plight of the internally displaced persons
    and had steadfastly supported Georgia's territorial integrity and a
    peaceful resolution of the conflict, along with the efforts of the
    Group of Friends.

    The representative of Panama, affirming all rights of refugees and
    internally displaced persons, said he was concerned that the draft
    focused on one party, something that could worsen the tension in the
    region. Article 12 of the United Nations Charter stipulated that,
    while the Security Council was considering a situation, the Assembly
    would not make recommendations. Although that provision had recently
    been interpreted flexibly, given the gravity of the security situation,
    Panama preferred interpretation according to the letter of the text.

    The representative of Viet Nam said he supported efforts to settle
    the conflict and, in that spirit, called upon the parties to
    exercise restraint and refrain from any actions that could increase
    tensions. Japan had abstained from the vote because the text contained
    elements that could increase tensions.

    ANNEX

    Vote on Abkhazia, Georgia

    The draft resolution on the status of internally displaced persons and
    refugees from Abkhazia, Georgia (document A/62/L.45), was adopted by
    a recorded vote of 14 in favour to 11 against, with 105 abstentions,
    as follows:

    In favour: Albania, Azerbaijan, Czech Republic, Estonia, Georgia,
    Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Sweden, Ukraine,
    United States.

    Against: Armenia, Belarus, Democratic People's Republic of Korea,
    India, Iran, Myanmar, Russian Federation, Serbia, Sudan, Syria,
    Venezuela.

    Abstain: Algeria, Andorra, Argentina, Australia, Austria, Bahamas,
    Bahrain, Bangladesh, Belgium, Bhutan, Bolivia, Bosnia and Herzegovina,
    Botswana, Brunei Darussalam, Bulgaria, Burkina Faso, Canada, Chile,
    China, Colombia, Comoros, Congo, Costa Rica, Cyprus, Denmark, Djibouti,
    Dominican Republic, Ecuador, Egypt, El Salvador, Finland, France,
    Germany, Ghana, Greece, Guatemala, Guinea, Guyana, Haiti, Honduras,
    Iceland, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Jordan,
    Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lesotho, Liberia, Libya,
    Liechtenstein, Luxembourg, Madagascar, Malaysia, Maldives, Malta,
    Mauritius, Mexico, Moldova, Monaco, Mongolia, Montenegro, Morocco,
    Mozambique, Namibia, Nepal, Netherlands, New Zealand, Nicaragua,
    Nigeria, Norway, Pakistan, Panama, Peru, Philippines, Portugal, Qatar,
    Republic of Korea, San Marino, Saudi Arabia, Senegal, Singapore,
    Slovenia, South Africa, Spain, Sri Lanka, Swaziland, Switzerland,
    Thailand, The former Yugoslav Republic of Macedonia, Togo, Tunisia,
    Turkey, United Arab Emirates, United Kingdom, Uruguay, Uzbekistan,
    Viet Nam, Yemen, Zambia.

    Absent: Afghanistan, Angola, Antigua and Barbuda, Barbados, Belize,
    Benin, Brazil, Burundi, Cambodia, Cameroon, Cape Verde, Central African
    Republic, Chad, Côte d'Ivoire, Croatia, Cuba, Democratic Republic
    of the Congo, Dominica, Equatorial Guinea, Eritrea, Ethiopia, Fiji,
    Gabon, Gambia, Grenada, Guinea-Bissau, Iraq, Kiribati, Lao People's
    Democratic Republic, Lebanon, Malawi, Mali, Marshall Islands,
    Mauritania, Micronesia (Federated States of), Nauru, Niger, Oman,
    Palau, Papua New Guinea, Paraguay, Rwanda, Saint Kitts and Nevis,
    Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and
    Principe, Seychelles, Sierra Leone, Solomon Islands, Somalia, Suriname,
    Tajikistan, Timor-Leste, Tonga, Trinidad and Tobago, Turkmenistan,
    Tuvalu, Uganda, United Republic of Tanzania, Vanuatu, Zimbabwe.

    --Boundary_(ID_7vl8Ft18irz+bxyhNcrAuw)- -
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