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Abkhazia
Legal basis of statehood and sovereignty
Chapter 2. Statehood of Abkhazia
2.4. Expansion of Georgia and struggle of Abkhazians for independence
One of the central painful points in the history of Georgian-Abkhazian
relations is the period 1917 - 1921. The Abkhazian princedom, since 1864
included with its own local territory in the structure of Russia in the form of
the Sukhum military department (and later the Sukhum military district), left it
as the sovereign state of Abkhazia with its own territory, the same as it
entered the Russian empire in 1810. Polemic on the question of whether
Abkhazia was a sovereign country till 1917 or not has no essential value.
Abkhazia continued to remain a part of the Caucasian region controlled by a
Governor-General within the Russian empire, and had no relation to Tiflis or
even the Kutais province, or to other regions of the Empire, or especially to
"Georgia", which during this period did not exist on world maps. Separate
independent princedoms in the structure of the region controlled by a
Governor-General were represented in the form of Russian provinces, in
particular Tiflis and Kutais (Statement of Claim Е, pp 13 - 14, 2004).
The February revolution sharply changed the situation in Transcaucasia. The
Provisional Government of Russia immediately created the “Special Transcaucasian
Committee” (OZAKOM, later transformed into the Transcaucasian Democratic
Federal Republic - ZDFR). Abkhazia, which was at that time the Sukhum district
under the protectorate of Russia, continued to be considered as an independent
state. Next day, on March 10th, 1917 in Sukhum a meeting of representatives of
the population of the Sukhum district took place. This formed its own local
Provisional Government in Abkhazia – the Committee of Public Safety under the
presidency of Abkhazian prince A. Sharvashidze (Chachba). The militia led by
Tatash Marshania was simultaneously created. (Archive AGM).
The Provisional Government carried out the really revolutionary step which
changed the political status of the Russian empire. As is known, until 1917 all
inhabitants occupying the country were subjects of the Monarchy. With the
arrival of the Provisional Government in the territory of the former Empire
there was a new statehood - the Russian Republic was created, of which Abkhazia
(called the Sukhum district at that time) was also a component. The new
legitimate government of Russia introduced the institute of citizenship in the
country covering all territories of the former Russian Empire. According to
these huge changes in the legal regulations, all former citizens of the Russian
state, including inhabitants of Transcaucasia and Abkhazia, from September
1st, 1917 obtained the new status, i.e. they became citizens of Russia. At that
moment the principle of obtaining Russian citizenship “by the right of blood”
began to operate. This principle, because Abkhazia and its population have not
refused Russian citizenship, operates till now. Inhabitants of Abkhazia by
definition are citizens of Russia.
After the February revolution, the Government of the Russian Republic
(Provisional Government) started preparations for elections to the country’s
Constituent Assembly. On September 23rd, 1917 the “Election Regulations for the
Constituent Assembly of the Russian Republic” were confirmed, where in section
V, item 152 the list of the election commissions for the Transcaucasian
district was given, including:
Subsection 2) Baku, Elisavetopolsk, Kutais, Tiflis and Erivan
provinces, and also Batumi and Karsk...
Subsection 3) …and also Sukhum and Zakatal districts (The Russian
legislation, X - XX centuries, pp 136, 164).
This document shows that after the February revolution (27. 02. 1917) the
Provisional government, which was legitimate (appointed by the State Duma in
coordination with Petrograd Council), considered the Sukhum district as
independent, without any connection with the provinces of the former Caucasian
region of the Russian empire listed above. The same document confirms the
continuity between the old and new government of Russia, and the transfer of all
powers of the Russian Monarchy to the Provisional government (Development of
Russian legislation..., 1997, pp 251, 265).
Forming its own statehood, Abkhazia, in the form of the Sukhum territory, was
included on May 1st, 1917 into the structure of Mountain Republic, a legitimate
state formation with a Constitution and a control body - the Central Executive
Committee. From October 20th, 1917 it became a member of the “South-East Union
of the Cossack Armies, Mountaineers of the Caucasus and Free people of the
Steppes” (Georgia was not related with this Union), as an independent allied
state with the right to enter into agreements with other subjects of
international law. The agreement upon which basis Abkhazia entered the specified
"Union" had no time limit, and exit from it was regulated by a certain
procedure. (“The union of incorporated mountaineers...” collection, pp. 23-50,
50-53).
Then, in May 1917, under the decision of the 1st Congress of the Mountain
people of the Caucasus, the Sukhum area (Abkhazia) was represented in the
Mountain spiritual board, along with the Black Sea province and Zakatal
district.
We quote some points from the Allied Agreement of the South-East Union of
the Cossack Armies, Mountaineers of the Caucasus and Free people of the Steppes
from October 20th, 1917:
“We, the undernamed Cossack Armies, Mountain people of the Caucasus and Free
people of the Steppes conclude a union among ourselves, with the purpose of
promoting an establishment of the best political system, external safety and
order in the Russian State, and also to provide inviolability to members
of the union, to support internal calm, to raise the general well-being and
thereby to maintain the blessings and freedom won by the revolution.
I. UNION STRUCTURE
Item 1. The union is formed by the Cossack armies (Don army, Kuban army,
Tersk army, Astrakhan army and Kalmyk people adjoined to the Astrakhan army) and
the following mountain and steppes people united in the special Union of
Mountaineers of the Caucasus:
...c) The Mountain people of Sukhum district (Abkhazians);
... Item 4. Each member of the Union keeps full independence concerning their
internal life and has the right to independently enter relations and agreements
not contradicting the union purposes...
II. THE UNION PURPOSES
Item 5. The union sets as its purpose:
a) achievement of the prompt establishment of the Russian Democratic Federal
Republic with a recognition of members of the Union as separate states...
III. THE ALLIED POWER
Item 6. The allied power operates within the rights following from the
present agreement and especially represented to the power by separate members
of the Union.
Item 7. The allied power within the competence presented to it (Item 6) is
independent.
Item 8. At the head of the Union there is an incorporated government of the
South-East Union.
IV. THE LOCATION OF THE INCORPORATED GOVERNMENT
Item 15. The incorporated government has a temporary location in the city of
Ekaterinodar.
V. CHANGE AND THE TERMINATION OF THE AGREEMENT
Item 17 Change of and addition to this agreement, and equally its
termination, is to be made by the Conference of representatives of members of
the Union” (Allied agreement SOGK, 1917).
We wish to state that Abkhazia did not leave the structure of this Union.
Even after the territory of the North Caucasus had been occupied by
A.I.Denikin's armies, and this Union had temporarily ceased to function,
Abkhazia continued to remain true to this Agreement.
The October (Bolshevik) revolution in Russia did not lead to special changes
in the statehood of the country. Sovereign Abkhazia at the first farmers’
congress in Sukhum on November 8th 1917 created its own state structure headed
by the ruling body of the Sukhum district - “the Abkhazian National Council”,
known to history as the first ANC, a factual legitimate body of independent
Abkhazia. The purposes and problems of political and state life of the Council
are stated in the “Constitution of ANC” and “Declaration of Congress of the
Abkhazian people”. According to the "Declaration":
“- ANC undertakes to its fellow members:
Item 1. To help by all allied means in preparation of their internal
structure as independent states of the future Russian Democratic Republic".
Then the Declaration on self-determination and the Constitution based on its
principles was accepted. (S.Lakoba - Essays on political history of Abkhazia,
Sukhum, 1990, pp. 62-63). Representatives of the Georgian delegation at Union
congress opposed this decision in every possible way, believing that Abkhazia
should enter automatically into the Transcaucasian committee into which kingdoms
and princedoms of the Central and Western Transcaucasia, Azerbaijan and
Armenia, entered.
“Item 2. The Abkhazian people are sure that their brothers - mountaineers of
the North Caucasus and Dagestan - will support them when they protect their
rights.”
“Item 4. The Abkhazian people enter as a part “of the Union of incorporated
mountaineers of the North Caucasus, Dagestan and Abkhazia"… also need to support
a close connection with their northern brothers”. Simultaneously the Congress
Declaration confirmed that the major problem of the АNС was work on country
self-determination, and the final form of the state would be defined by the
Constituent Assembly of all people of Russia, following the principles declared
by Russia about society organization having found a response in the minds of
Abkhazians.
“Item 5. The District Committee, Commissars and other administrative
institutions and persons retain their former functions of management, but the
work and activity of all administrative and other institutions and persons, as
this work and activity concern Abkhazia, should proceed in contact with ANC, in
the interests of the achievement of fruitful results.
Item 6. ANC recognises the power and the competence of corresponding
administrative agencies and social-political organisations (the Union of
Incorporated Mountaineers,… editor) as these institutes and organisations
observe principles of democracy and national self-determination” (Central
Archive of Abkhazia).
ANC confirmed the continuity of decisions accepted earlier, particularly
decisions on the country entering the structure of “South - East Union of
Cossack armies, Mountaineers of the Caucasus and the Free people of the
Steppes”. Neither the Constitution of the ANC nor the Declaration did not
provide for any mutual relations between Abkhazia and former Governorship
regions of Russia in Transcaucasia and, especially, any obligations to them.
(The Statement of Claim..., Appendices 7 & 8; the Union of Incorporated
Mountaineers..., 1994, pp. 80-83).
The Constitution of the ANC, from which the basic points are given, said:
“1. The Abkhazian National Council is the national-political organisation
uniting the Abkhazian people.
2. The representative and the spokesman of the will of the Abkhazian people
in relations with both governmental administrative institutions and political
organisations is the Abkhazian National Council”.
“4. Aims of the Abkhazian National Council:
c) Spadework on self-determination of the Abkhazian people;
d) Maintenance and strengthening of relations of the Abkhazian people with
the Union of Mountaineers of the Caucasus, and carrying out in life the general
political slogans, decisions and actions of the Central Committee of the Union”.
Points 5 and 6 of the Constitution confirmed the legitimacy of both the
District Committee and the structure of the Union of Incorporated Mountaineers
of the North Caucasus..., together with the South-East Union, providing close
contacts between the ANC and the specified structures.
The political situation in the country was difficult during this period,
because of intensive settling of the Abkhazian lands by settlers from West and
East Transcaucasia at the end of XIX - the beginning of the XX centuries, which
followed the exodus from the country in the middle of XIX century of Abkhazians
and related people (makhadjirstvo). The demographic structure of the population
in Abkhazia had sharply changed. According to the population census in 1886, of
the general population of about 70 thousand persons, the number of Abkhazians
was almost 59 thousand, and settlers from other regions hardly more than 4
thousand. From the census of 1897, their number had already increased to 26
thousand persons, with the same 59 thousand Abkhazians. Using an interpolation
method (fig. 3), it is possible to draw the conclusion that by the
beginning of 1918 the number of immigrants from other regions was equal to the
number of Abkhazians living in the country. This circumstance led to a split
at the first Congress of the Abkhazian people (on November 8th, 1917), with the
Abkhazian delegation in the decisions gravitating to Russia, and delegates
from immigrants to so-called "Georgia". This split led to open political
opposition in the country. We quote I.Gomarteli's notes about the work of the
Congress of Abkhazians, and the reasons for the Georgian-Abkhazian
contradictions, below:
“... the representatives of Abkhazians are not only cool, but have met
the Georgian deputation to the meeting almost with hostility. They have decided
in advance to reject advice from the deputation, and firmly to protect their own
position, not making any concessions.
What do Abkhazians want when they speak to Megrelians about joining together
with them in the Union of Mountaineers and Cossacks? - That Megrelians have
separated from their nation – Georgian. ... Abkhazians should know well
that Megrelians are Georgians and they will not separate from the Georgian
nation on any question.
To this it is necessary to add national vanity. Georgians constantly swear
friendship, and social democrats have not included any Abkhazian in the election
list of candidates; or is Abkhazia unworthy of having one representative in
the Constituent assembly?
The Abkhazian could not create culture, has not created writing and today he
tries to create writing by the spoilt Russian alphabet. Abkhazians cannot
create their own alphabet today. They do not have cultural force for this
purpose. Therefore they should return to the Georgian alphabet, to Georgian
writing, to that writing upon which the higher estate of Abkhazia was brought up
and developed. Georgian language, certainly, should enter into Abkhazia.
If we consider the destiny of Abkhazians, does it matter who will swallow
them, if this absorption is obligatory?” (“Alioni”, November 16-23, 1917).
As you can see from the presented materials, by words and actions it
still once again proves to be true that Abkhazians are not "Georgians", who
consider Abkhazians as the lowest race and on this basis try to dictate
conditions and to teach them how to live; the scornful, pejorative
relation to the Abkhazian people can be seen. And after that are they surprised
as to why Abkhazians do not love them, to put it mildly?
Since November 16th, 1917 in Ekaterinodar “the Incorporated Government of the
South-East Union” began to function. Under the decision of the ANC, the Sukhum
district was also included on a federal basis. Its main task was the realisation
of "self-determination of the Abkhazian people”.
In “the Declaration of the Incorporated Government” it was especially noted:
“Recognizing a democratic federal republic as the best form of state system
for Russia, the South-East Union in practical activities will keep a line of
conduct suitable for supporters of the federal form of rule. Guaranteeing its
members full independence in their internal affairs, the Union undertakes to
promote them by all allied means in the preparation of their internal systems,
as independent states of the future Russian Democratic Federative Republic”
(Central Archive of Abkhazia).
About the aims of the ANC, the "Declaration" of Congress said: “During this
disturbing time when much is razed to the ground and much is created anew, and
when the conditions of life of all Russia, and hence Abkhazia, vary
considerably, each nation should watch sensitively that its rights and interests
have not suffered, and would not be forgotten in a reorganisation of
Russia with new beginnings.
One of the important aims of the ANC is work on self-determination of the
Abkhazian people. The Abkhazian people are a part of the Union of Incorporated
Mountaineers of the North Caucasus, Dagestan and Abkhazia - and, of course,
require support in their close connection with northern brothers”.
The union Government extended its power to Abkhazia, both political power
and, from the end of December 1917, state power. Then there was a decision about
“formation of the Abkhazian horse regiment four hundred strong...”. This
military formation at the ANC was made by horsemen of "the Abkhazian hundred”
Circassian regiment of the Caucasian ("wild") division which arrived in Sukhum
from the front, and were a part of the armed forces of the Mountain Republic.
In Tiflis the opening of the National Council of Georgia (NCG) took place on
November 19th, 1917. This was a Parliament, at which the representative of the
Parliament of Abkhazia, Chechen Aslanbek Sheripov, said: “I am happy that the
great honour has fallen to me to send you warm regards on behalf of the
Abkhazian National Council. The Abkhazian people entering into the Union of
Incorporated Mountaineers, congratulate fine Georgia on its first steps on the
way to national self-determination... The Abkhazians who have entered into the
Union with northern brothers, are assured therefore that in the near future they
will meet the noble Georgian people in the general union of all people of the
Caucasus. And in this future union the Abkhazian people think of themselves as
a member of the “Union of Incorporated Mountaineers” with equal rights.”
(Archive of the Russian Federation.)
From the given speech it follows that at the end of 1917 Abkhazia (and its
government ANC), entering into the Union of the states of the North Caucasus
as an independent subject of the law, did not aim to have any other mutual
relations with the states of Transcaucasia, except equal and
good-neighbourly (the Statement of Claim..., p. 5).
The beginning of XX century was characterised by heightened interest of
Menshevik functionaries in Abkhazia. From the moment of disintegration of the
Russian empire and easing of the central power, reorganisation of political
state structures began, which inevitably led to repartition of territories. The
question of Abkhazian borders became a point of discord firstly between the
Transcaucasian committee and the Black Sea province, and then between the
Transcaucasian Menshevik government and Abkhazia. At the beginning of June
1917, the future commissar of internal affairs of the Transcaucasian
commissariat A.Chkhenkeli arrived in Gagra. The aim of his arrival was the
joining of Gagra district to Transcaucasia, i.e. an aspiration "to make this
district Georgian". It was thus supposed that Abkhazia is Georgian, though at
that time such a country as Georgia did not exist on a political map of the
world.
After the revolution in Russia on October 25th, 1917 the Special committee
took steps towards the separation of Transcaucasia from Russia and the creation
of an independent government. It was the origin of chauvinism and obsessive
nationalism in Transcaucasia. The Transcaucasian Seim (representative assembly)
declared on April 9th, 1918 the separation of Transcaucasia from Russia. This
fact did not concern Abkhazia, as it was a part of the Mountain Republic. At
the end of 1917 in the village of Djirkhua a meeting of farmers of the Gudauta
site was called, at which the decision to create the armed farmers
squad “Kiaraz” led by N.A.Lakoba was accepted.
When it became clear to so-called social democrats that for Abkhazians the
free life of the nation was a starting point and the purpose of all their
aspirations, they showed the policy and behaviour natural to them - to break the
persistence of Abkhazians “with fire and sword”. With the formation of TDFR
(Transcaucasian Democratic Federative Republic) and its separation from Russia,
there appeared a real threat of military expansion in relation to Abkhazia.
Heads of TDFR understood precisely that during this period a distancing of
Abkhazia from Transcaucasia could happen. Bolsheviks also saw a threat in the
expansion of Georgia, and they made repeated attempts to establish Soviet
power in the country by spreading their influence across all territory of the
Sukhum district. After the new Bolshevik revolt which began on April 8th, 1918,
Sukhum was released from Mensheviks, Soviet power was established in the
capital, and on April 11th in Samurzakan. Over these four days, Soviet power
won all Abkhazia except for the Kodori site (Abzhui Abkhazia). The
revolutionary-military committee of Abkhazia became the central body. Actually
it was the first Soviet republic in Transcaucasia. Soviet power in Abkhazia
existed no more than 40 days, because from the Transcaucasian and Tiflis
government (“virtual Georgia”), attacks by military units began.
During this period in Transcaucasia separate groups creating political
parties and having the task of re-partition of the collapsing Russia developed
frenzied activity. This can easily be seen from the decision of the Constituent
Congress of the National-Democratic party about the territory of Georgia. The
Congress heard the report of Paul Ingorokva and decided: “The territory of
Georgia includes the provinces of Kartli, Kakheti, Samtskhe-Saatabago, Imereti,
Guria, Mingrelia, Svanetia and Abkhazia, components united by centuries-old
state, cultural and economic relations”.
Let's also give a fragment from the press reflecting the opinion of
nationalist-inclined intelligentsia: “The Georgian autonomy should include,
first of all, so-called indisputable territories. These are, in our opinion, the
Sukhum district, today's Kutais province, the Batumi district and the Tbilisi
province” (“Alioni”, June 1917).
From P.Ingorokva's report at a session of the Historical and Ethnographic
society, about the borders of Georgia, on February 7th, 1918: “Political borders
of Georgia often varied in the past, but the same territory was always called
Georgia; there are eight provinces where the Georgian nation has lived
throughout the centuries: Kartli, Kakheti, Samtskhe-Saatabago (modern Muslim
Georgia: Meskheti and Lazistan), Imereti, Guria, Samegrelo, Svaneti and
Abkhazeti. This territory - Georgia, - besides that it is a complete
cultural-historical unit, at the same time it is a uniform and indivisible
geographical province, one country enclosed by natural borders”.
Mr. Ingorokva cheats. Until May 26th, 1918 no state of "Georgia" existed, and
could not exist. This was also true of the Georgian territory. Over a certain
period independent princedoms entered into the structure of the Abkhazian
kingdom, during the VIII - X centuries. At a later time they had the nickname
“Gurdjani”, transformed in XVIII-XIX centuries into the Russian transcription
"Gruzini" (“Georgians”). This generalising term concerned different peoples, and
till XX century did not have anything in common with a nationality or ethnos. As
for the country being enclosed within natural borders, it is surprising that
this author did not include Armenia with Azerbaijan.
The question of Samurzakan being an accessory continued to excite the minds
of chauvinist politicians in Tiflis, as it went together with the belonging of
the territory of Abkhazia to "Georgia" as a component of the Sukhum district.
Apparently from the speech of Samurzakan representative I.Gegia at the National
Congress of Georgia, functionaries perfectly understood the illegitimacy of
their claims. They (Georgians) knew that Abkhazians were not Kartvelians,
but they had a huge interest in the territory of Abkhazia:
“And Samurzakan meets with delight the thoughts and visions of the true son
of the fatherland Mr. Noi Zhordania. I only wish, gentlemen, to draw your
attention to the historic facts testifying to the mutual relations of Georgia
and Abkhazia in the past. Megrelia and Samurzakan are separated by Inguri,
therefore Samurzakan is a continuation of Georgia (not absolutely clear from
what it follows - the authors). Today Samurzakan plays only the role of an
intermediary between Georgia and Abkhazia, but in the future will also be the
bridge [between them].
In conclusion, we hope that Abkhazia, Samurzakan, and the Sukhum district
remain unchanged, and obtain a national-cultural autonomy within their border”
(“Alioni”, November 30th, 1917).
After the introduction of the ANC Constitution, pilgrimages of political and
religious emissaries from Georgia began to deliberately try to separate Abkhazia
from the Mountain Union, from their brothers by blood and by language. As a part
of the first of these delegations, there was the Synodal public prosecutor
calling Abkhazians to recognise the Supreme domination of the self-proclaimed
non-canonical Georgian church. But Abkhazians declared their resolution that
they had the historical and human right to consider their confession free and
independent, without recognition of the patronage of the newly-created
Patriarch-Catholicos of Georgia. Despite this, the decree about submission of
the Abkhazian church to the Georgian Catholicos followed from Tiflis by
messenger, and the Metropolitan appointed by Tiflis was sent to Sukhum.
These were the first practical steps by Transcaucasian Mensheviks (NCG in the
Transcaucasian federation), who considered plans for the annexation of Abkhazia.
In the Tiflis press, appeals about the joining of Abkhazia to administrative
formations of Transcaucasia appeared. In these conditions ANC, having become a
real power, raised the question of a good-neighbourly settlement with NCG.
The official letter from NCG dated January 7th, 1918 addressed to ANC:
“Intented to arrange a meeting with representatives of the Abkhazian National
Council for discovery of mutual relations between Georgia and Abkhazia, and also
for the establishment of contact for activities in the future life of our
people... For the establishment of a closer connection between the Georgian and
Abkhazian people..., finding a way towards mutual understanding and the
establishment of a close brotherly unification with Abkhazians. Georgians from
their part sincerely wish to find a way to such mutual understanding and the
establishment of a close brotherly unification with Abkhazians. With that end in
view... NCG asks ANC to send their representatives to this meeting in Tiflis on
20th January. Together with this we notify you that representatives of
Samurzakan are also invited to the planned meeting. A companion of Chairman
Chkhenkeli” (Archive AGM).
From the given document it is possible to be convinced that at the beginning
of 1918 mutual relations between these two countries were only
good-neighbourliness between independent countries and nothing more.
In Tiflis, on the eve of creation of the Transcaucasian seim (representative
assembly), a joint session of the Presidium of NCG and АNС led by its chairman
A. Sharvashidze took place on February 9th, 1918. At this meeting was
developed the: “Agreement about an establishment of mutual relations between
Georgia and Abkhazia” which recognised the existence of "uniform inseparable
Abkhazia”. The Abkhazian delegation aspired, as they say in the document, to the
political independence of Abkhazia, “having with Georgia only
good-neighbourly mutual relations, as with an equal neighbour”, and also
discussed questions on “principles of national self-determination” of Abkhazian
people (Lit. Georgia, 1989, № 11. p. 146).
Three points of the Agreement of February 9th, 1918 said:
“1. To recreate uniform inseparable Abkhazia in limits from river Ingur to
river Mzymta, into which structure will enter actual Abkhazia and Samurzakan,
equating to the present Sukhum district;
2. The form of the future political system of uniform Abkhazia should be
developed (in conformity) with the principle of national self-determination, by
the Constituent assembly of Abkhazia elected on democratic principles;
З. In the event that Abkhazia and Georgia should wish to enter into political
agreements with other national states, they are mutually obliged to have
preliminary negotiations between themselves” (the Extract from NCG Executive
Committee report № 30 from 1918).
This Agreement produced the important official document legally confirming
the presence for Abkhazia of its own territory from the river Ingur to the river
Mzymta, and limited by the upper course of the river Kodor and the Caucasian
ridge.
The "Agreement" was signed when "Georgia" was represented by "the Tiflis
government”, even before the “Independent Georgian Democratic Republic”
was declared. During this period, this country together with Armenia and
Azerbaijan was a part of the Transcaucasian Democratic Federal Republic (TDFR).
In these conditions Georgia could not present a so-called “wide autonomy” for
Abkhazia, as Georgia itself simply did not exist as a state, and Abkhazia
continued to remain the sovereign state in the structure “The Union of
Mountaineers of the Caucasus”. (The Statement of Claim..., p. 6).
This "Agreement":
- Confirms the sovereignty of Abkhazia;
- Shows the good-neighbourliness of the independent sovereign states
defined “as the union of two state formations”;
- Specifies the indivisibility of Abkhazia;
- Legally confirms and fixes the territory of Abkhazia in limits from the
river Ingur to the river Mzymta into which enter actual Abkhazia and Samurzakan.
Hence the official document, confirming the presence for Abkhazia of its own
territory from the river Ingur to the river Mzymta and limited by the upper
course of the river Kodor and the Caucasian ridge, is the specified
"Agreement", signed before the formation of the Georgian Democratic Republic
(or in fact Georgia) as a state;
- Confirms that Abkhazia during this period was not connected with Georgia.
In the point “Concerning the establishment of mutual relations between Georgia
and Abkhazia” the sovereignty of Abkhazia is proved to be true;
- Confirms that sovereign Abkhazia at that moment was legally a part of "the
Union of Mountaineers of the Caucasus” and “South - East Union” and, except for
good-neighbourliness, had no other relations with the states of Transcaucasia;
- Proves that the signing by Abkhazia of any pact or agreement with the
future state "Georgia" had no validity, as at the moment of their signing of the
Agreement the state "Georgia" did not exist; during that time the historical
right of the Abkhazian people to Abkhazia in limits from the river Mzymta to
the river Ingur was not called into question. (The statement of claim..., p.
6).
Considering these points, if Abkhazia had been part of Georgia during this
period there would have been no need for this Agreement.
The question of the development of the future political system of Abkhazia
was not mentioned in the Agreement. Some Georgian historians assert that at that
moment Abkhazia became a part of Georgia, which has presented it with a wide
autonomy. The juggling of the facts is obvious.
Firstly, in the Agreement the question of autonomy was not considered.
Secondly, at the moment of signing of the Agreement Georgia did not exist as an
independent state. The Agreement was signed by the so-called “Tiflis
government”. By itself NCG de jure was a public association (organisation).
Thirdly, before and after signing the Agreement, Abkhazia continued to remain
as a part of the Union of Mountaineers of the Caucasus de jure and de facto,
having kept its sovereignty and independence. Fourthly, the second point of the
Agreement says that “the form of the future political system of uniform Abkhazia
should be defined... by the Constituent assembly of Abkhazia”, i.e. as an
internal matter for the people of the country.
The Georgian party considered this "Agreement" as a “Treaty” that did not
follow from the document text. After signing of the specified agreement the
question of frontiers of Abkhazia was removed from the agenda. This document,
having international legal force, had again confirmed the sovereignty and
territorially outlined borders of Abkhazia. From this document it follows that
from the moment of the announcement by Georgia about its independence from
Russia, Abkhazia was not included within its structure. Relations which
existed between the countries were being built on the basis of equality of the
parties (the Statement of Claim..., pp. 6-7).
A week after February 9th, Bolsheviks made an unsuccessful attempt to
establish Soviet power in Abkhazia. From February 16th until February 21st, 1918
Sukhum was in the hands of the Bolshevist Revolutionary-Military Committee
(chairman E. Eshba). On February 17th the ANC was categorically ordered to
liquidate Bolshevist authorities and after several days the new power fell.
The influence of the October revolution in the given region was already
considerable. A revolt started in Sukhum, which after repeated attempts was
successful, with the result that by April 11th, 1918 Soviet power had been
established everywhere in Abkhazia, except for the Kodor (Ochamchira) site.
Soviet power in Abkhazia did not exist for long. The Transcaucasian and Tiflis
governments at a meeting on May 14th, 1918 made the decision to address a
request to Germany to send armies for the suppression of revolutionary
movements in the territory of Transcaucasia. According to the decision of the
Transcaucasian Seim, armed groups of Red Guards were simultaneously sent to
Abkhazia, without the agreement of the ANC, and for the purpose of destruction
of a young Soviet republic, to capture and attempt the annexation of the
territory of Abkhazia under the pretext of struggle against Bolsheviks. Military
troops were sent as one of the parts of TDFR under the command of Colonel Koniev
and V.Djugeli.
On May 10th on the Kodor site there was a military landing of 600 insurgents
with the task “by all means to take Abkhazia”. The Menshevist government had
taken all measures to destroy claims of independence by Abkhazia. Armies of
the Transcaucasian government under V.Djugeli's command took Sukhum on May
17th, 1918. The Soviet power in Sukhum fell on May 17th, then New Afon was taken
and troops approached Gagra. In Samurzakan the Soviet power held on till
September 1918. Russia did not show any reaction to a call for help, and
Abkhazia once again remained alone with its troubles and problems. In this
situation the destiny of the Soviet power in Abkhazia was predetermined.
As a result of intervention in Abkhazia the Soviet power was liquidated.
This act broke all norms of international law, represented an act of aggression,
military expansion, and intrusion of armed forces of the adjacent state onto
the territory of an independent country, and was the first step in the
aggressive policy of Georgia. In the given situation, i.e. the action of the
Transcaucasian Seim, it is necessary to consider the occupation and annexation
of the country as a military action against a sovereign state. It was an
attempt at the annexation of Abkhazia, an independent sovereign state which was
in “the Union of Incorporated Mountaineers of the North Caucasus and
Dagestan”. From the “Union” side an immediate protest followed, concerning the
illegal occupation of Abkhazia (one of the republics of the Union) by Georgia
with the assistance of Germany. (the Statement of Claim, Appendix 10, 11).
ANC noted that it had applied to the National Board of Georgia “about
rendering assistance in the matter of leaving the government in Abkhazia
at the disposal of the Council with the detachment of Georgian Red Guards which
is at present in Sukhum. As to the orders of the Georgian government published
in the territory of Abkhazia, which are decrees about legal proceedings in the
name of the Georgian Republic and a decree about mobilisation, the Abkhazian
National Council believes that these orders grow out of a misunderstanding
which could aggravate relations between two peoples,with damage to the interests
of Georgia and Abkhazia. The Abkhazian National Council hopes that the
Government of the Georgian Republic will cancel the above-stated orders and in
the future will refrain from similar steps” (Archive of external politics of the
USSR).
Hence, the input of military formations under V.Djugeli's command in the
middle of May 1918 was not only an act of aggression, but also illegal
intervention and occupation of the country, contradicting international law. But
the most important fact was the beginning of the annexation of the country, as
under the pressure of the armed formations the alien power had started to carry
out military rule of occupied territory; namely, to publish orders on changes of
legal proceedings, decrees about military mobilisation and so forth, i.e. had
started the illegal government of a foreign state under the pressure of force.
In March 1918 in Abkhazia the second Congress of Farmers took place, in
which questions of Bolshevist movements, mutual relation with TDFR, etc. were
discussed. As the Abkhazian farmers did not support revolutionary ideas, a move
towards Menshevik ideology took place, which had been introduced at this
congress. From the report on work of the second Congress of Farmers of the
Sukhum district on March 4th - 9th, 1918:
“Up to three hundred delegates were at the Congress. There were
representatives of peasants of all nationalities living in the Sukhum
district... One thing is absolutely clear: the peasantry of the Sukhum
district has turned away from the Bolsheviks, and rescue of our country is seen
from the Transcaucasian Seim. Abkhazia has decided to enter into the general
family of the Transcaucasian nations as a member equal in rights, and to shape
its destiny and best future together with democratic Georgia”.
At the Batumi peace conference, the independence of the Mountain Republic
within the territory from the Caspian Sea to the Black Sea was proclaimed on
May 11th, 1918. This act was presented “by the Declaration of the announcement
of independence of the Republic of the Union of Mountaineers of the North
Caucasus and Dagestan (Mountain Republic)” which, along with Dagestan, the
Chechen Republic, Kabarda, Adygea and other countries, also included Abkhazia.
As this act was a logical continuation of the confirming of Abkhazia as
having been a part of the Union of Mountaineers (SOGK) since October 1917, the
conclusion was that the country remained an independent sovereign state, the
subject of international law as part of the Mountain Republic and,
accordingly, that Abkhazia, with the support of Turkey, Germany and
Austro-Hungary, had obtained international recognition. This follows from the
“Treaty on an establishment of friendly relations between the Imperial German
government and the government of the Mountain Republic”:
“Point 5. The Imperial German government itself recognises the independence
of the Mountain people of the Caucasus, and renders diplomatic assistance to a
recognition of this independence by other states.
Point 6. The Imperial German government similarly undertakes to support the
government of the Mountain people of the Caucasus, by diplomatic means, towards
an establishment of the borders of their republic on the basis of national
principles, and in particular to an establishment in the north of the border
which passes through Gelendjik - Kuban (20 versts to the north of Armavir),
Stavropol, the Sacred Cross (Karabalik), and along the river Kuma until its
mouth, and in the south of the border which passes along the river Ingur, on
the main ridge of the Caucasian mountains (on a watershed) and including within
it the Zakatal district and the Dagestan region” (the Union of Incorporated
Mountaineers... pp. 121 - 123).
As Abkhazia was a component of the Mountain republic, this international
document confirmed its borders and its de facto sovereignty. From a legal
position, considering the situation post factum, it is necessary to recognise
that in 1917 - 1918 in Abkhazia its statehood was being formed. The society had
not yet made a definitive choice regarding its form of development, and had no
firm belief in the choice and recognition of legitimate power.
All subsequent documents between the formation of the Republic of Abkhazia
and the association of some princedoms of Transcaucasia into the Georgian
Democratic Republic on May 26th, 1918, did not mention questions of the borders
of Abkhazia, and as Abkhazia remained an independent state the problem of
territorial disputes, both with Russia and with Georgia, was absent. Abkhazia
was outside the territory and limits of influence of both Georgia and Russia.
(T.Shamba, A.Neproshin, p. 248; the Statement of Claim..., p. 13).
In Sukhum, the declaration of independence of Georgia on June 2nd, 1918
became known. Recognising the right of the Georgian people to
self-determination, the ANC declared: “in view of the current position, to
completely take up all power within Abkhazia”, and concerning independence,
noted that Abkhazia and "Georgia" were considered as sovereign states, and
the inadmissibility of “encroachments on the sovereign rights of the people by
neighbours” was underlined. At the beginning of the document the illegality
of the stay of the Georgian armed formations in the territory of Abkhazia is
quite definitely noted:
“From the moment of disintegration of the Transcaucasian Federal Republic and
the announcement of the independence of Georgia Abkhazia lost a legal basis of
connection with Georgia, and a group of the Transcaucasian Red Guards, being
now a military part of the Georgian Republic, has appeared outside of the
borders of the state, but all complete power actually is in its hands” (AGM
Archive Fund № 3).
This document confirmed the absence of any connection between Abkhazia and
Georgia, following the exit of the latter from the Transcaucasian Federation,
and noted the illegal presence of its military divisions on the territory of
Abkhazia and the intervention of the Georgian military authorities in the
internal affairs of the sovereign state of Abkhazia.
Thus, the ANC took diplomatic measures to counteract the starting annexation,
and continuing capture and occupation, of Abkhazia. For the purpose of
streamlining the arising international conflict between Abkhazia and Georgia, as
two independent sovereign states, there was the question of preparation of the
corresponding document in the development of the "Agreement" from February
9th, 1918. (AGM Archive Fund № 3). The June Agreement became such a document.
Under the conditions of the occupation and annexation of Abkhazia, the new
second ANC was organized at the end of May 1918 under the control of the
Georgian occupational armies, and included deputies from the Abkhazian
population and from the Georgian enclave in Abkhazia on an equal footing. As a
result of intensive settling by migrants from the Central Transcaucasia, their
number became equal to the number of the indigenous population. Accordingly,
the numerical structure of the ANC contained a prevalence of Gurian - Mingrelian
delegates representing immigrants. It was torn apart by serious
contradictions, and it immediately entered into a conflict with the first ANC,
which was continuing to function. Representatives of the first ANC at the Batumi
conference in May addressed the Turkish government and declared that Abkhazia
did not wish to enter into a group of the Transcaucasian people, and was a part
of and referred itself to the North Caucasian association of Mountaineers
which would have formed a special state under the protection of Turkey. This
was the most serious basis of contradictions between the managements of both
ANCs. Another reason for opposition was the acceptance by the Parliament of
Abkhazia of the Agreement with Georgia from 8th – 11th June, 1918, which led
Abkhazia to catastrophic consequences.
The government of Georgia understood that with the termination of the
existence of TDFR the continuity of statehood with the new Georgian state was
lost, and the Agreement with ANC of Abkhazia from February 9th, 1918 had lost
legal power8. Therefore it decided to reanimate the pact, having signed the new
treaty on its basis. The delegation of ANC, headed by the representative from
Samurzakan, R.Kakuba, after its arrival in Tiflis faced extended
misinformation about ostensibly preparing for a Turkish intrusion into Abkhazia.
The strongest pressure was put upon it on purpose, to concur, at least verbally,
with the conclusion of the bilateral Agreement developed from the previous one
of February 9th, 1918. The opinion of the ANC on this question was negative.
Members of parliament understood that conclusion of the Agreement would
inevitably lead to consequences “disastrous for Abkhazia” and “would be used to
the detriment of interests of statehood” of the country (S.Lakoba, 2001. pp. 29
- 30, 32 - 33).
The head of the Abkhazian delegation signed on June 8th, 1918 a “Treaty”
offered by Georgia (the original of the Treaty is absent). This was
illegitimate, as at the same time ANC made a decision on the conclusion of the
interstate Agreement in a different edition, which was confirmed by it on June
10th,1918. (S.Lakoba, 2001, pp. 33 - 34).
But also the signing of the last edition of the Agreement caused serious
objections within the ANC. In particular, S.Basaria, first chairman of the ANC
and one of its founding fathers, in his special opinion stated: “In view of the
fact that the draught is categorical, depriving us of the possibility of
considered free discussion, and whereas an important document like the future
agreement of Abkhazia with Georgia is being compiled hastily with a limited
quantity of members of ANC and without the knowledge of the population of
Abkhazia who would think of political freedom without any guardianship from
anyone, I suggest the Abkhazian National Council answers the ultimatum of
Georgia by requesting that the population of Abkhazia is given the chance to
arrange for the Abkhazian National Congress competently to define a political
system for Abkhazia, having assured the Georgian Republic that Abkhazia, as an
independent national organism, will necessarily enter into good-neighbourly
unions and agreements with Georgia. I ask for the present special opinion to
be transferred on a direct line to the Abkhazian delegation”. (History of
Abkhazia, 1993, p. 297).
8Reminder - the Agreement had been signed two months prior to the formation
of TDFR.
As a result two variants of the Agreement took place, one of which
represented “political forgery” and “treachery of interests of Abkhazia”. In
them there are points of difference in content and meaning. In themselves these
items do not refer to territorial aspects of Abkhazia, but subsequently they
were used by Georgia for the definitive occupation and annexation of Abkhazia.
The following items are from the Agreement of June 8th, 1918 signed by the
Abkhazian delegation and by the Georgian party:
“Item 4. For the prompt establishment of revolutionary order and the
organisation of strong power to help the Abkhazian National Council, by order
the Government of Georgia sends a group of Red Guards to be at the disposal of
the ANC.
Item 5. In Abkhazia the international group which is at the disposal of the
Abkhazian National Council will be organised.
Item 7. A congress of the population of Abkhazia on democratic principles
will be convoked whenever possible in the near future for a definitive
decision on questions connected with the statehood of Abkhazia.
Item 8. The agreement is to be reconsidered by the National Assembly of
Abkhazia which will definitively decide the political system of Abkhazia, and
also mutual relations between Georgia and Abkhazia” (Archive of GSSR; Lit.
Georgia, 1989, № 11, pp. 150-151).
From the Agreement of June 11th, 1918:
“Item 6. For the prompt establishment of revolutionary order and the
organisation of strong power, the Georgian Democratic Republic is sending a
group of Red Guards to help the Abkhazian National Council, which will be at its
disposal until it is no longer needed.
Item 7. In Abkhazia the Abkhazian National Council is organising army units,
and equipment necessary for these units. Uniforms, equipment and means are
being provided by the Georgian Democratic Republic and are at the disposal of
the Council”.
Both variants of the specified "Agreements" provided: from June 8th -
introduction by Georgia of army units, but only for the necessary period
established by the Abkhazian government, for the maintenance of order during
the establishment of power in the country; these units should be at the
disposal of, and submit only to, the Government of Abkhazia. According to the
document of June 11th, the time of stay of the Georgian army units is limited to
their necessity, the terms of which are also defined only by the Government of
Abkhazia.
The "Agreement" defined the subsequent mutual relations of the sovereign
states of Abkhazia and Georgia. The government of the Georgian republic, having
verbally promised ANC the widest autonomy, immediately signed this so-called
treaty between Georgia and Abkhazia in “development and addition” agreements
on February 9th, 1918 (Archive AGM; Archive of GSSR). It is a surprising
circumstance that both variants of the Agreement are signed by the same
signatories: G.D.Tumanov and R.I.Kakuba (Archive AGM).
In the specified agreement there were points contradicting the political
course both of Abkhazia and of the Union of Incorporated Mountaineers:
- Term of convocation of the Congress of the population of Abkhazia for “the
definitive decision” on the question of the political system of Abkhazia was not
actually established;
- Item 4 assumed the introduction of groups of the Georgian Red guards for
help in the organisation of strong power in the country;
- Reasons according to which the external management of Abkhazia was
transferred in Georgia to “the minister of affairs of Abkhazia” are not clear;
- All points of the Agreement radically differed from earlier declared
postulates of Abkhazia, which was a member of the Union of Incorporated
Mountaineers.
According to one of the points in the Agreement, it should have been
reconsidered by the National Assembly of Abkhazia for the purpose of reaching a
definitive decision on a political system for Abkhazia, and also mutual
relations between Georgia and Abkhazia. The plenipotentiary representative of
the Republic of Georgia assured the population of Abkhazia and its Legislature
that Abkhazia, if it wished, had the right to leave the federal union with
Georgia. Also, the "Agreement" from February 9th, 1918 and the "Agreement" from
June 8th and 11th, 1918 did not provide for Abkhazia, which was already a part
of "the Union of Mountaineers”, to be considered as a part of Georgia in any
respect. (The report of ANC session, June 23rd, 1918).
Georgian historians consider that after signing of the treaty on June 8th
1918 Abkhazia definitively became an "autonomy" as a part of Georgia, which
allowed it to enter military formations on its territory and this, in their
opinion, was not occupation, but a protection of the integrity of Georgia in its
struggle against Bolsheviks. However, neither the specified "Agreements", nor
any other documents possessing legal force, testified about the consent of
Abkhazia to its inclusion in the structure of Georgia, nor to the autocratic
actions of the Georgian government and the uncontrolled input of its military
divisions. Moreover, Abkhazia during the same time was a member of “the Union of
incorporated Mountaineers of the North Caucasus and Dagestan” and actions of the
Georgian armies in its territory, according to international law, were direct
aggression and occupation which turned into political annexation of the country
(the Statement of claim..., pp. 8 - 9).
Historians and politicians have argued until now on the legitimacy of this
document and on its substitution. The main thing is that on June 17th-22nd,
literally a week after its signing, on the basis of item 4 under the pretext of
helping ANC in the struggle against Bolshevism, armies of General G.Mazniev
(Mazniashvili) which had occupied the coast as far as Sochi and Tuapse began to
arrive (Archive of Abkhazia). Such actions of the Georgian government
perfidiously broke items 2 and 4 of the treaty just concluded, as all power was
concentrated in the hands of Mazniev, instead of ANC. There could be no
discussion about submission of the General to the Abkhazian National Council.
Contrary to the "arrangement" military divisions were not at the disposal of
ANC, and in the second half of June 1918, in an infringement of the essence and
spirit of the "Agreement", completely occupied Abkhazia.
There was a military coup d'etat. Full-scale occupation of Abkhazia and its
annexation by Georgia had been achieved. No action was forthcoming from
international law, and the right of force which caused legal anarchy for many
years and decades generated from Georgia a genocide of the Abkhazian people,
annexation of the territory of Abkhazia and the beginning of the destruction
of the Abkhazian ethnos.
Is it possible after that seriously to say that Abkhazia received, on the
basis of this document, the widest autonomy as a part of Georgia? Certainly
not! Firstly, in the text there is no mention of autonomy, and secondly, in the
document there is no basis for acceptance of the state, administrative and
territorial changes to the sovereign state which Abkhazia was at that time.
And how could Georgia give autonomy to Abkhazia, which was a sovereign state
as a part of the Mountain Republic?
The Mountain Republic in the summer-autumn of 1918 conducted very active work
towards obtaining recognition by western countries, getting invariable support
from the government of Turkey and from the sultan personally. In its field of
vision constantly there was “the Abkhazian question”. The diplomatic
representative in Turkey, G.Bammatov, in a letter from Constantinople on
August 31st informed T.Chermoev about the Cherkessk club in Constantinople, at
which delegates Tassun-bei, Rashad-bei and Isa-pashi had visited the German
Ambassador Count Bernsdorf in person on August 29th, 1918 and had mentioned the
problem of Abkhazia. G.Bammatov wrote:
“I have received some materials from our representative in Abkhazia
S.Basaria, of the most major importance concerning the Georgian actions there –
there is a campaign against Georgia here in the newspapers for this reason, by
Circassian journalists... It is necessary to submit a protest on behalf of the
government concerning the action of Georgia within Abkhazia. I have transferred
this protest to the Georgian government, with copies to representatives of
Germany, Austria and Turkey in Tiflis ... But a written protest is necessary
in the future”.
He also informed the powers of the Fourfold Union about his protest, and
demanded that they took necessary measures towards the withdrawal of the
Georgian armies from Abkhazia. The same position in “the Abkhazian question”
was also taken by official Turkey.
Upon the intrusion of the Georgian troops into Abkhazia, the government of
the Mountain Republic immediately reacted. The chairman of the Mountain
government Tapa Chermoev declared: “I, on behalf of my Government, protest
most categorically against the type of action by Georgia in Abkhazia, a
component of the Federal Republic of the Union of Mountaineers of the Caucasus,
and in order to avoid serious consequences which could result from the
specified policy of the Georgian Government, my Government believes it
necessary to immediately disengage Georgian troops, officials and emissaries
from Abkhazia” (the Union of Incorporated Mountaineers..., pp. 133-135).
Simultaneously, the Mountain Republic which also included sovereign Abkhazia,
requested the world community to take measures against the aggression of
Georgia in the territory of Abkhazia, “which will bring the Abkhazian people to
complete annihilation” 9. When Georgia sent military divisions into the
territory of Abkhazia, there was an immediate protest from the Union of Mountain
Republics concerning the illegal occupation and attempt at annexation with the
assistance of Germany. In the letters it is stated that “the February revolution
has allowed the Abkhazian people, according to historical traditions and to the
clearly expressed national will, to reunite their historical destiny with the
related people of the North Caucasus” and to enter into “ the Union of
Incorporated Mountaineers of Caucasus”, as “has been ratified by the General
Congress of the Abkhazian people, taking place in the city of Sukhum”. On the
illegal act of intrusion of the Georgian troops the Union government sent
protest № 53 to the Minister-Chairman of Georgia on June 1st, 1918, in which was
underlined the excesses of the Georgian troops, committing outrages against the
peaceful population of Abkhazia. In the letter “it is ascertained that as a part
of the Georgian army operating in Abkhazia, there are regular German
troops”.
The Minister for Foreign Affairs of the Mountain Republic, Gaydar Bammat,
sent a note to the head of the German diplomatic mission in the Caucasus
concerning the intrusion of German troops in Sukhum. We give quotations from
this document:
“June
13th, 1918.
Mr. Minister! Following the message received by me about the occupation of
the city of Sukhum by German troops, I have the honour to send herewith to Your
Excellency a copy of my protest addressed to the President of Georgia on 1st
June this year.
I have the honour to ask You, Mr. Minister, not to refuse to notify the
Imperial government in Berlin of the point of view of the Government of the
Union of Mountaineers of Caucasus on Georgian gangs being in Abkhazia and on the
actions of agents of the Georgian Government in this district”.
9 Letter from the Abkhazian representative of the government of the Mountain
Republic, S.Basarva, to the representative of the Turkish army, Gaydar-Bei,
about illegal actions of the Georgian government in relation to the Abkhazian
people.
In the protest it is underlined that the occupation of Abkhazia by German
troops grew out of a misunderstanding into which the German command was led by
the Georgian government. The given document also testifies about the Sukhum
district (Abkhazia) being a part of the Mountain Republic, about the gangster
attack by Georgia on independent Abkhazia, and about German imperialists
supporting Georgia in this. Even then it was already clear that the people of
the North Caucasus republics, without consideration of whether Abkhazia was in
this commonwealth or not, or whether it would be the will of the central
government or not, would reject pressure from any aggressor, as occurred in
1992-1993.
After the May declaration of independence of the Mountain Republic, imperial
Germany, believing that Abkhazia would be a part of the future state of
Georgia, began to take an absolutely different position, unlike Turkey. The
treaty on recognition of the Mountain Republic by Germany was not ratified, as
Germany changed its policy about the “North Caucasus” question. Having entered
into an agreement with Soviet Russia, Germany received freedom of actions in
Transcaucasia, “separation of which from Russia is being recognized by
Bolsheviks in exchange for non-interference by Germany in “North Caucasus”
questions” (the Union of Incorporated Mountaineers... p.141).
On August 8th the ANC took the decision on creation of the commission
for the preparation of elections for the Abkhazian Constituent Assembly, in
which Abkhazia had to completely define the political system and solve the
problem of mutual relations with Georgia. Under conditions of occupation and
political annexation of Abkhazia, on December 17th, 1918 the Georgian government
took its one-sided decision on the preparation of new elections to the ANC.
At this time General Mazniev inconsiderately trampled on “the independent
rights” of Abkhazia. On July 4th, 1918 the Chairman of the National
Council reminded the Georgian government that Mazniev had been given
“extensive powers, up to the right to announce the introduction of a state of
siege, but exclusively when conducting military operations” (against Bolsheviks
- authors). He demanded cancellation of the order of the military minister in
which Mazniev “without the permission and consent of the National Council”
had been appointed as the Governor of Abkhazia and the chief of the Sukhum
garrison (Central Archive of Abkhazia).
However ANC not only could not control Mazniev, but soon, on August 15th,
1918, was itself disbanded by the armed forces of the Georgian government.
From October 1918 till March 1919 all civil management of Abkhazia was carried
out with the direct intervention of Georgian control. The country was under
another's government.
To exclude any undesirable development of events from ANC deputies, the
Georgian administration again found a simple way out: deputies were accused of
“Turkophilia” and, the ANC having been disbanded, were replaced with more
appeasable people of Pro-Georgian orientation. Simultaneously, honourable old
men of Abkhazia were arrested by Georgians. A reorganised ANC was turned into a
body convenient in every respect for the carrying out of Georgian policy in
Abkhazia and approval of the most severe retaliatory measures in relation to the
indigenous population of the country. A growing discontent with Georgian
policy was felt not only by the population of the country, but also by deputies
within the newly-created ANC, as its Georgian members had started to consider
the question of the inclusion of Abkhazia as an autonomous formation within the
structure of Georgia.
If one considers that at the moment of acceptance of this decision the
numbers of Abkhazians and Kartvelians in the population of the country were
approximately equal, it is hardly probable that they voluntarily selected 80 %
of the ANC deputies as Georgians. It is obvious that this structure did not
represent the population of the country, which (taking into account Russians,
Armenians, Greeks, etc.) did not wish to join Georgia. Similarly, the Georgians
had no historic, ethnographic or economic basis for their claims on the Sukhum
district. There were only attempts by Georgia to grasp a very valuable and
expensive province from a temporarily weakened Russia. Georgia, free and young,
and not yet having been recognised as independent, while preaching the rights of
small nationalities to self-determination, applied all forces towards
incorporating the whole neighbouring country within its borders, i.e. completely
absorbing the Abkhazian people, who were not related to Georgians.
The Georgian annexation of the territory of sovereign Abkhazia was
triumphant. In the occupied territory of Abkhazia under the influence of
external force there was a change of government. In the new Council only
Georgian citizens were admitted, and all Abkhazians, Armenians, Russians and
others not wishing to be recognised as citizens of Georgia were excluded.
Violent change of structure of the government of Abkhazia, infringement of the
rules of election of governmental bodies of the country, deprivation of the
right of participation in activities of directing bodies of the state and change
of demographic structure of these bodies, banning people from participation in
power structures according to a citizenship principle – all of these confirm
the illegitimacy of such authorities. Actions of the Georgian government and its
military troops in the territory of Abkhazia, regarding the replacement of
power structures in the state, led to the situation that since August 15th, 1918
the existence of the legitimate government, ANC, had stopped. All subsequent
Abkhazian documents of state were created by means of external military force,
were not legitimate, and from the legal point of view were insignificant.
Violence, committed by Georgian guardsmen, overran all Abkhazia. Georgians
occupied all administrative posts in the territory of Abkhazia, supervised all
state organisations, and pursued a policy not corresponding to the interests of
the Abkhazian people. Antagonism went deeper and deeper, and promised to turn
into open rebellion against the usurpers. Aversion to Georgian policy and to
the actions of its troops in Abkhazia was felt at all levels of civil society.
The recreated Abkhazian National Council had not justified the hopes of the
government of Georgia. On September 2nd, 1918 the Chairman of the ANC, Varlam
Sharvashidze (Chachba) wrote indignantly to the minister of affairs of Abkhazia,
R.Chkhotua, in Tiflis: “The arson of houses by the governmental troops, in the
opinion of the population and from the point of view of the state, cannot be
justified by any means” (Central Archive of Abkhazia).
The second Council was also disbanded by Mazniev on October 9th, 1918, and
its most respected members were arrested and sent to Metehsk prison in Tiflis...
Across all Abkhazia troops took punitive actions.
At the session of the third ANC on October 9th, 1918 which passed very
argumentatively, attention was brought to the question of the originators and
accomplices in the dispersal of the first ANC on August 15th. Deputies
demanded “to re-establish the violently dismissed National Council which has
the full confidence of the Abkhazian people, and is its lawful presidium”. The
Council building was there and then surrounded by Georgian guardsmen, and the
next day the third ANC was disbanded by force. The minister of affairs of
Abkhazia was dismissed from his post by the Georgian government, and together
with the district commissar of Abkhazia, I.Margania, was accused of a plot
against the Georgian Republic, and also a number of ANC leaders (S.Ashkhatsava,
D.Alania, V.Chachba, G.Adjamov, etc.) finished up in Metehsk prison.
The commander of allied armies in the Caucasus, the English General Thomson,
addressed the government of Georgia on this matter on December 5th, 1918. As is
told in a document from the archive of Harvard university, he demanded the
immediate release of members of the Abkhazian National Council, as the arrest of
these persons “is illegal, without any presentation of charges” (Archive of.
Georgia, 1989, № 11, pp. 152-153).
The Abkhazian government, which had fallen into a trap, undertook vigorous
measures towards the breaking of the deadlock in the country. At last Abkhazians
sent their representatives to the command of the Voluntary army with the
request to help them to obtain release from their new conquerors... This action
led to the political and administrative management of Abkhazia being arrested
under instructions from the Central power. The representative of the Georgian
government, E.Gegechkori, informed Tiflis from Sochi on September 15th, 1918
that “the Abkhazian delegation” from ANC had approached General M.V.Alekseev
with a request to release Abkhazia from the armed intervention of Georgia
(Archive of the USSR).
Then in September, a meeting took place between representatives of the
Georgian republic, the Regional Kuban Government, and the Voluntary army, in
which General N. V.Alekseev and Kuban representative N.Vorobyov participated.
The latter declared that: “Georgia should begin its borders behind Abkhazia
whose aspiration to self-determination cannot be ignored although some
hundreds of Georgians live there” (Archive of Georgia, №11, p. 151).
The government of the Union classified these actions as a partnership of
Germany in support of weapons in the hands of the imperialistic desires of
Georgia directed against the North Caucasian Republic, and complicity in
violence committed by the Georgian troops against the tiny Abkhazian
nationality. It demanded an immediate withdrawal from Abkhazia of the Georgian
troops, officials and emissaries, and also of the German troops which had
illegally entered there. In the second document it says that after the ANC
session on August 4th, 1918, the Abkhazian delegation was sent to Tiflis with a
protest against the actions of Georgia, which considered Abkhazia as a part of
itself and had directed its troops against Abkhazians and Kodorians, whilst
German and Cossack troops had been directed against Gudaut Abkhazia. After the
disbandment of the second ANC and arrest of its members, Extraordinary Commissar
Chkhivikishvili was appointed by the Georgian government to rule the country,
and immediately organised the looting of some Abkhazian and Armenian villages.
His appointment coincided with elections for the new ANC, where by “new rules”
for elections during the conditions of occupation he introduced non-Abkhazian
representatives who were not connected with the interests of the territory.
During this period there was a complete rejection by the people of Abkhazia of
everything Georgian, including its policy (Archive of AGM).
Georgian politicians saw that elections for the ANC could not be entrusted to
Abkhazians. Regarding the conditions of occupation of Abkhazia and its political
annexation, on December 17th, 1918 the government of Georgia took the decision
to prepare new elections for the ANC and to give autonomy to Abkhazia as a part
of Georgia. Item 7 of "Regulations" defined the state language of Abkhazia as
Georgian. This project was confirmed by the parliament of Georgia on December
27th, 1918. Amendments to the law on elections as indicated above were
approved, that ANC deputies could be selected from citizens of Georgia
who were not living in Abkhazia, and from those who had acquired the right to a
residence in Abkhazia after July 19th, 1914. Clearly, the results of elections
had been predetermined - the Abkhazian National Council consisted of an
overwhelming majority of Georgians, and Abkhazians there were “a suppressed
minority”. This unilateral decision was the definitive action on the violent
joining of Abkhazia to Georgia, contrary to all norms of international law.
Representatives of the Abkhazian people continued to search for an exit from
the situation which had developed. In January 1919 they held active negotiations
with General A.I.Denikin ("Nashe Slovo", January 16th, 1919) and asked for ANC
elections by Georgian rules and under supervision of the Georgian military to be
suspended. In a special message on February 1st, 1919 General А.I.Denikin
informed English Generals Forester, Walker and Milne:
“Official representatives of the Abkhazian people have addressed to me the
under-mentioned application signed by members of the National Council: the
Abkhazian people make a majority of the population of the Sukhum district
situated on the Black Sea coast between the rivers Bzyb and Ingur. They
were compelled to ask for help from the Georgians against Bolsheviks. Taking
advantage of this, Georgians moved their troops into the Sukhum district,
installed their administration, and in compliance with their usual methods have
started to interfere with internal affairs and have led the most ruthless
persecution against outstanding influential politicians of the Abkhazian
people.... Therefore the Abkhazian representatives ask me to firstly suspend
elections to the Council whilst under the influence of Georgian authorities,
and, secondly to approach allied command about an immediate departure of the
Georgian army from Abkhazia, to relieve the Abkhazian people of violence which
could cause strong disorder and to give them the chance to start peaceful
activities”.
General A.S.Lukomski noted: “... Misunderstanding continued because of the
attitude of the Georgian authorities to the Armenian and Abkhazian population
in the neighbouring Sukhum district”. On February 26th, 1919 General A.I.Denikin
wrote to the chief of the British military mission, General Briggs: “Official
representatives of the Armenian national union of the Sochi district have
approached me with a request to protect the Armenian population of the Sukhum
district...”.
General A. I.Denikin demanded: “1) immediately to declare the Sukhum district
(Abkhazia) neutral; 2) to remove the Georgian troops to behind the river Ingur;
3) to remove Georgian administration from Abkhazia; 4) to assign the maintenance
of order to freely chosen Abkhazian authorities”.
Then general A.S.Lukomski wrote to the British command:
“Transformation of the Sukhum district, occupied mainly by the Abkhazian
people, to a neutral zone would be the best exit from the created position, as
English command has been informed, because Georgia had no rights of possession
in this area. It would resolve all misunderstanding, and the loud but powerless
Georgian government would, of course, obey this decision. But it has not been
made...” (Denikin-Judenich-Vrangel. Мoscow, 1927, pp. 96 - 98).
In January 1919 Denikin’s Voluntary army began a campaign on Sukhum, putting
forward the claim for Abkhazia as a part of “uniform, indivisible Russia” to the
government of Georgia. The Georgian troops constrained this attack, and the
pro-Georgian ANC responded to it as follows:
From the Declaration of the social democratic faction of the ANC, March 18th,
1919:
“With the slogan of ... Self-determination of small nationalities, the
democracy of Georgia, under the true guidance of the social democratic labour
party of Georgia, has brought brotherly democracy to the Abkhazian people.
The democratic territory of Abkhazia is inviolable, and the Gagra site,
as an integral part of it, should be within the territorial limits of its
historical and natural borders (river Mzymta), and should now be in the hands
of those self-determined people who wish to see within the territory a full
celebration of revolutionary, democratic principles.
Proceeding from these preconditions, the Social-Democratic party of Georgia
will support the following state system for Abkhazia in the Abkhazian National
Council:
1. Abkhazia is a part of the Democratic Republic of Georgia, as an autonomous
unit.
2. State affairs: foreign policy, armies, finance, monetary system, customs
offices, general judicial establishments and the Senate, civil and criminal
legislation, mail, telegraph, railroad and highways, except for local roads,
concern central legislative and government agencies of the Republic of
Georgia.
3. In all other affairs in the area of management, and the internal life of
Abkhazia in general, regarding: education and general culture in Abkhazia;
management of local governments - rural and urban; courts, except for
general judicial establishments and the Senate; administration; local taxation;
medicine and sanitary; maintenance of the rights of national minorities living
in the territory of Abkhazia, etc., Abkhazia is autonomous, and all this is
included within the competence of the Abkhazian National Council.
4. Until the development of the general Constitution of the Republic of
Georgia, a minister of affairs of Abkhazia will be a member of the government of
Georgia.
5. The democratic faction of the Abkhazian National Council will ensure that
the stated positions have been included in the Constitution of Georgia”.
New elections for ANC were again conducted under the pressure of armed force.
However, the Abkhazian representatives categorically declared that they would
not accept any participation in elections controlled by Georgia, and flatly
refused to recognise the right of Georgia to arrange their destiny.
“Democratic principles were sacred for Georgia”, therefore N.Zhordania gave the
order to the Georgian faction of the ANC to prepare “a Decree about the
autonomy of Abkhazia”, which was immediately produced. In the conditions of
occupation of Abkhazia by Georgia, on March 20th, 1919 at the first session of
the newly-elected “on a democratic basis” ANC which under the decision of a
session of Council was renamed National Council of Abkhazia - NСА (even the
Councils were started from scratch by the Georgian government, specifying that
the previous Abkhazian ANC meant nothing to it), with the prevailing majority
of delegates being of Georgian nationality (with the input of military
formations from Georgia there was an intensive settling of Abkhazia by migrants
from the central and boundary regions of Georgia), the decision on the entering
of Abkhazia into the structure of the Democratic Republic of Georgia as an
autonomy was accepted.
The text of this decree contains only two points and 15 lines: “the First
Abkhazian National Council elected on the basis of general, direct, equal and
secret suffrage, at the session on March 20th, 1919 on behalf of the people of
Abkhazia has decided:
1. Abkhazia is a part of the Democratic Republic of Georgia as an autonomous
unit, and the government of the Republic of Georgia and its Constituent
Assembly are to be informed of this.
2. For the drawing up of the constitution of autonomous Abkhazia and the
definition of mutual relations between the central and autonomous powers, a
mixed commission with equal numbers of members from the Constituent Assembly of
Georgia and the National Council of Abkhazia is selected, and the
positions developed by it, after acceptance by the Constituent Assembly of
Georgia and the National Council of Abkhazia, should be included in the
Constitution of the Democratic Republic of Georgia”.
The original was signed: NCA Chairman Emukhvari
Affairs secretary G.Korolyov
Stamped: “Operating office NCA”.
October 27th, 1920
(“Nashe Slovo”, March 21st 1919; Archive of Georgia, 1989, № 11, pp. 155 -
156).
That’s it, simply and clearly. It should be noted that the developed
positions “after acceptance by the Constituent Assembly of Georgia and the
National Council of Abkhazia, should be included in the Constitution of the
Democratic Republic of Georgia”. But positions under the constitution should
have been developed together with NСА, whereas actually, as will be shown
further, this did not occur.
As a result of "elections" Georgian Mensheviks made the majority in NСА (27
deputies), and Abkhazians representing basically “independents” (R.Kakuba,
S.Chanba, etc.) a minority (8 deputies). The representative of Georgian
Mensheviks, Abkhazian prince D. Emukhvari, was selected as Chairman of the NCA
(“Nashe Slovo”, March 20th, 1919). At this session the decision was accepted
that NСА would have a legislature, and a commissariat executive, and according
to article 7 of "Regulations" the state language of Abkhazia was declared
Georgian. The draft decree “about granting Abkhazia the rights of an autonomy
within Georgia” was sounded and prepared on December 27th, 1918 by the
Constituent assembly of Georgia. (An article by D.Gamarkhia, Z.Papaskirn, and
V.Chania in the newspaper “Sabchota Abkhazeti” of 3-4 August, 1990 was written
in the Georgian language). This unilateral decision should be considered the
definitive action on the forceful joining of Abkhazia to Georgia, contrary to
all norms of international law.
By March 20th the Decree about the autonomy of Abkhazia ("Nashe Slovo", March
21st, 1919) had already been accepted. Political annexation, including
intervention of military Georgian administration in the activity of the
machinery of state of Abkhazia and directed towards change of the political
system of the country, became the main element of expansion, rather than the
military element, which was of secondary importance. The capture was not just of
a part of the country, but of all of its territory, which was subsequently
joined to Georgia.
After the signing in the АNС of the “Decree about the autonomy of Abkhazia”,
the faction of social democratic internationalists revolted against illegalities
concerning Abkhazia, and left the Social-democratic party of Georgia in
connection with disagreement over a number of constitutional questions (Archive
of AGM).
In May 1919 at the Parisian conference Georgian delegates presented a report
containing the territorial claims of Georgia. The Georgian government also tried
to give a historical substantiation of their interests in the Black Sea
province. In the document it was specified that in the times of tsar David the
Builder and tsarina Tamara the territory of Sochi and partly Tuapse districts
were a part of "Georgia" or “Abkhaz-Kartvelian kingdom”, forgetting to say that
the kingdom was Abhaz-Imeretian, instead of Kartvelian, and especially not
Georgian. As a substantiation, the fact was also given that the
territory of the Sochi district was at some time under the control of the
Imeretian kingdom and the Abkhazian princedom, up to its capture by Turks and
Adygs in XVII century, though this fact has no relation to Georgia or to
Kartalinia. The territory of Abkhazia, completely occupied at that time by
Georgian troops, was also included in “historic, ethnographic and strategic
substantiations of the future borders of Georgia”.
In the report it was said that “during almost three hundred years the border
of Georgia at the Black Sea coast passed behind Anapa, reaching the mouth of
the river Kuban; further, throughout XIV century the border gradually departed
back to the river Makopse, and from XV century till XIX century, i.e. before the
joining of this part of Georgia to Russia, the river Makopse (to the south of
Tuapse) was always the border”.
These claims were presented as follows: “Defining their borders, the
government of Georgia demands only those territories which always belonged to
the Georgian people and which have vital value for them, but thereby do not
concern the vital interests of other people...”
Proceeding from these general reasons and certain administrative
possibilities, the delegation asserted that the territory of Georgia
should include: “Tiflis and Kutais provinces, the areas Sukhum and Zakatal,
the area Batum, two areas to the west of Kars (Olti and Ardagan) and some parts
of the Black Sea area, and also Trapezund (Trebizond)” (Occupation and actual
annexation.... pp. 61 - 62).
The town of Sochi appeared as purely Georgian, and all the Black Sea
district as an ancient Georgian province. The most improbable fact in this
history was that claims for this territory were put forward on behalf of
Abkhazia, so it thus appeared that the northern border of Abkhazia passed near
to Tuapse, and that this territory was occupied by the wish of the Abkhazian
people who had a historical right to it (this document was created contrary to
the opinion of the first АNС). Тhus Georgia showed its territorial claims,
particularly on Abkhazia, which never (except for the period of its occupation
from 1918 to 1921) belonged to it. Georgia did not mention the opinion of the
government and people of Abkhazia, or the decisions accepted by them
concerning their joining to Georgia.
One of the basic infringements in acceptance of the above-stated document
was that the decision of the question on the future of Abkhazia, according to
item 7 of "Agreement" from June 8th, 1918, was represented only to the Congress
of the population of Abkhazia. In the conditions of occupation and country
annexation, and in infringement of the specified regulations, this document was
accepted at a session of the non-legitimate NСА by a conciliatory commission of
5 persons from NСА and NSG, which initially defined “the Decree about the
autonomy of Abkhazia as a part of Georgia” as not legitimate, and a legally
insignificant document. However this Decree was ratified at once by the
parliament of Georgia, but the business did not go further, because of
contradictions between the Constituent Assembly of Georgia and the National
Council of Abkhazia (even though this included a majority of Georgians).
At the opening of the renamed “National Council of Abkhazia” the
representative of the Democratic Republic of Georgia, I.Ramishvili, declared:
“We know the aspiration of reactionary groups of the people (Abkhazian -
authors) to ‘independence’, but for this purpose the small nation is not yet
ready and enslavers could take it and from this loop the people could not be
released... ( Prophetic words. For already more than eight decades Abkhazia has
tried to be released from the Georgian loop, a loop of so-called “colleagues
in the struggle to the great future” in which under plans of the Georgian
colonizers there should be a genocide of Abkhazians). We are not similar to
conquerors and the local land is not necessary to us, we search for colleagues
in the struggle in which we will go together to great noble future socialism”
(“Nashe Slovo”, 21st March, 1919).
Next day in the local mouthpiece of Sukhum Mensheviks, the newspaper “Nashe
Slovo”, an amendment to I.Ramishvili's declaration was given: “The aspiration
of the Abkhazian people to independent existence is quite natural. But this
small nation is still not ready for this step, and under the name of
independence different enslavers will throw a loop on its neck from which it
will take many efforts to be released. When Abkhazia will feel capable of
independent existence then our help behind it to the realisation of this step
will be provided” (“Nashe Slovo”, 22nd March, 1919).
And we have had the opportunity throughout almost a century to be convinced
that these words were nothing more than lies, shameless lies from several
generations of Georgian politicians and their helpers the historians.
Grass roots diplomacy in “the Abkhazian question” had not played its last
role. A "Memorandum" signed by the official representative of the people of
Abkhazia, Lieutenant Alexey Hasaya, was addressed to the British Military
Mission in Ekaterinodar on 10th June, 1919, and was directed for transfer to
the British government. It contained the request: “to disengage the Georgian
army and administration from the territory of Abkhazia”, then “a new election
for АNС which will solve the destiny of Abkhazia” would be held. It was a
question of infringements by Georgia of items in the Agreements from June, 1918.
Requirements of this document were the following:
“1. Because Georgia had broken items 1 and 3 of the Agreement from June 11th,
the Agreement had become void.
2. Because citizens had been excluded from elections, those who did not wish
to recognise themselves as Georgian citizens as required by the decision of the
АNС considered the new Council illegal and not expressing the will of the
people.
3. Until a decision on the question of the re-selected Council, and
guarantees of free elections, Georgian military divisions should be withdrawn
from Abkhazia...” (Materials from Archive of the Ministry of Foreign Affairs of
Great Britain. “The Abkhazian question, 1919”; "Republic of Abkhazia"
newspaper № 86, from 28 - 29 July, and № 130 from 13 - 14 September, 2001).
To understand the position of the Georgian politicians in relation to the
country and statehood of Abkhazia, we give quotations from speeches by deputies
of the supreme body of Georgia, and it can be seen that these statements are
greatly penetrated by lies and hatred and that the aims of the speakers are
monstrous.
From the shorthand report of the session of the Constituent Assembly of
Georgia on 2nd August, 1919, a discussion of conditions in Abkhazia:
“Our government has concluded the agreement which gave many different rights
to Abkhazia and did not give any rights to Georgia. This is a big crime of our
government. In the agreement there is more than one unclear article, and
according to these articles people say that Abkhazia is already independent.
What can we see? What is today's political position in Abkhazia? It has the
highest legislature, the National Council, it has the territory, has the
government, and this means all elements of an independent state. From this
rostrum it should be declared: the independence of Abkhazia is an absurdity.
There, in our opinion, no government is necessary, and the body possessing
functions of the Constituent Assembly as it takes place today is also
unnecessary. There is Abkhazia, there is a territory of Abkhazia, and in this
territory we should have created a certain management and when we created such
a body, we made a mistake, naming it not National Council of Abkhazia, but
Abkhazians. If Abkhazia represents the territory, instead of the people, such a
name even for this legislature is inadmissible...
Even if all the noblemen of Abkhazia become bandits or robbers, even if they
write letters to Clemenceau, Lloyd-George and everyone, all the same it is
necessary to exert tough measures against them...
It is necessary to adopt the same policy towards Russians who have settled in
Abkhazia and extend all their support there. At the same time, we have carried
on negotiations with them, and we are at fault in this.
Abkhazia is among the most dangerous suburbs. It is dangerous because the
statehood and independence of Georgia is threatened from there by our northern
enemy - Russia.
The Abkhazian people are incited against the Georgians and, God forbid, at
the military front our position will become complicated, and we could suffer an
accident in Abkhazia. Bolshevik meetings where propagandists oppose Georgia
are often held in Sukhum and in other settlements of Abkhazia and accept
corresponding resolutions... Such hostile action against Georgia is conducted
even in the Abkhazian National Council...
This Abkhazian council is selected by a strange system in which suffrage was
also given to non-subjects11 of Georgia... If we leave the formal side and we
look at the matter with eyes of real interest, I am sure that for us the present
selective rule is rather harmful and unprofitable... In the National Council
of Abkhazia our state interests must be reliably protected because the majority
in this establishment is in the hands of our ruling party, and there should be a
guarantee of our state and political durability in Abkhazia.
In general, in Abkhazia the situation is unsteady. There is a big
Anti-Georgian movement over which supervision by Russian-Armenian Bolsheviks,
Denikins and one part of the Abkhazian intelligentsia deepens.”
11 So in the text. The lecturer has forgotten that subjects exist only in
monarchies, and in republics the people are citizens.
Georgian Mensheviks committed excesses in Abkhazia and on September 29th,
1919 fourteen deputies from NСА send a letter about this addressed to the
government of Georgia. But that government, since 1918 and practically from the
very beginning of its existence, had pursued a policy of purposeful intrusion
into all spheres of the life of Abkhazia, breaking all rules of law. It did not
keep assurances declared by it about the stability of an autonomy, and created
in the people deserved mistrust not only of Georgia, but also of the local
legislature – the NСА. Deputies of Council I.Margania, D.Alania,
M.Tarnava, M.Tsaguria, etc. wrote unambiguously on September 29th, 1919 about
the inadmissibility of the annexation of Abkhazia by Georgia, having noted the
arbitrariness and violence of the Georgian authorities and army.
“By a malicious irony, - they wrote, - the great Russian revolution which has
given freedom and independence to almost all nationalities of the Caucasus has
bypassed small Abkhazia, and in our country the great principles of
revolution were absolutely smothered by the arbitrariness and violence of the
authorities. And as all this violence was conducted in the name of the Georgian
Government, in the Abkhazian mind there is a representation of Georgians as
tyrants and enslavers” (Archive of Abkhazia ; Archive of AGM).
During this period, thousands of Greek and Armenian families left the country
in which the Georgian aggressors committed excesses. In October 1919 at a
session of NСА the question about “the criminal secret policy of the Georgian
government, leading to cancellation of the autonomy of Abkhazia” (“Nashe
Slovo”, November 9th, 1920) was considered. From November 1919, at schools in
Abkhazia where teaching was conducted in Russian, the teaching of all subjects
in the Georgian language was started with the aim of Georgian nationalization
(“Nashe Slovo”, November 20th, 1919).
It became obvious that the government of Georgia contradicted the items in
“the Decree about the independence of Georgia” adopted on May 26th 1918, in
which they guaranteed to all people “ample opportunities for free development”.
The so-called “autonomy of Abkhazia” appeared as fiction. The government of
Georgia strengthened its reactionary policy in the field of international
relations.
The National Council of Abkhazia, proceeding from the agreements, decrees and
government assurances set forth above, repeatedly sent delegations to the
Constituent Assembly for definitive registration of mutual relations between
Georgia and Abkhazia, it being known that Extraordinary Representatives of the
Republic of Georgia took part in the spadework in the National Council. The
desired result was not achieved. Proclamations from the government about the
stability of an autonomy were in practice far from the truth. In essence,
since 1918 the Georgian government had expanded its area of intrusion more and
more into all spheres of Abkhazian life, breaking even those rights about
which there was no dispute e.g. in the commissions developing the draft of the
Constitution of autonomous Abkhazia. The contradiction was expressed on the one
hand by numerous assurances of representatives of the Georgian government
about the stability of an autonomy, and on the other hand by intervention in
the internal affairs of Abkhazia. This created mistrust in Abkhazia not only of
state power, but also of the local legislature - the National Council of
Abkhazia.
In the spring of 1920 the Abkhazian people boycotted elections for the
Constituent Assembly of Georgia, demonstrating by this their political
position and the legal status of the country as independent of Georgia (“Nashe
Slovo”, March 23rd and April 7th, 1920). Hence there were no legislative grounds
for the registration of the so-called "autonomy" of Abkhazia as a part of
Georgia. On May 6th 1920 the newspaper “Nashe Slovo” reported: “The Menshevik
party gives the strong impression of regret at its dissociation from the
Abkhazian intelligentsia, as a result of nonacceptance by the Abkhazian
population of participation in elections for the Constituent Assembly”. Despite
this, at the Constituent Assembly of Georgia on July 20th, 1920, the drafts of
“Regulations about the management of autonomous Abkhazia” and “Constitution of
autonomous Abkhazia” were approved. Based upon articles 129-131 in the draft of
the Constitution of Georgia, the territory of Abkhazia was recognized within
the borders offered by commissions of NCA. In particular, it was written:
“Abkhazia in borders: from the northwest to the southeast from the river
Mekhadyr to the river Ingur”.
In a statement from some NCA deputies to the Government of Georgia it was
emphasised that three variants of the Constitution developed by the
Constitutional Meeting did not reflect the real picture and did not match the
requirements of the people of Abkhazia. The unreasonable policy of the Georgian
government in relation to Abkhazia, directed towards the rupture of brotherly
relations between the countries, was thus indicated, and led to violence,
arson of houses, and genocide in relation to Abkhazians.
Before acceptance of the Constitution of the Republic of Abkhazia, the
Constituent assembly of Georgia published the temporary Regulations below, about
the control of autonomous Abkhazia:
“1. Abkhazia from the river Mekhadyr to the river Ingur and from the coast of
the Black Sea to the Caucasian ridge is an integral part of the republic of
Georgia and within these borders autonomously operates its own internal
affairs.
2. Autonomous Abkhazia has its own local legislature - the National Council
selected for two years by citizens of both sexes on a general, direct, equal,
secret and proportional electoral system.
3. All lands and possessions within Abkhazia and all persons living there,
according to the general laws of the republic are subject to the autonomous
control of Abkhazia. The state possesses all bowels of the earth, according to
the general laws of the republic.
7. The state language of Abkhazia is Georgian. But the National Council has
the right to allow the use of local languages.
11. Members of the National Council of Abkhazia, representatives of its
executive power, and also civil servants of autonomous Abkhazia promise to swear
fidelity to the Constitution of the Republic of Georgia.
25. The right of general or partial revision of the Regulations about
autonomous Abkhazia belongs both to the Parliament of Georgia and to the
National Council. Amendment and confirmation of the Regulations are carried
out by the Parliament of Georgia in the manner defined by the law”.
At its discussion at the NCA session on May 21st, 1920 opinion on the
inexpediency of the autonomy of Abkhazia as a part of Georgia was expressed.
Abkhazian deputies warned that the autonomy would be followed by a merging, with
the absorption of Abkhazia by Georgia (Zukhbаi). Menshevik deputies,
represented as a majority in NСА by Georgians, Mingrelians, Svans, etc.,
supported the autonomy. The assurance was not at all convincing that if autonomy
with the normal number of rights did not take place, it would always be possible
to separate. Today it can be seen that this was nothing more than the
short-sighted illusions of incompetent politicians (Archive of AGM}.
Struggle concerning the constitution and autonomy of Abkhazia continued. The
work begun on drafts of “the Decree about autonomy” and “the Constitution of
Abkhazia” met difficulties, owing to disagreements between NСА and the Georgian
government. In Constitution drafts it was said that Abkhazia was a part of the
GDR as an autonomy, but:
“It, Abkhazia, is independent in so far as as its independence is not limited
by the present Constitution and, as that, it possesses all rights which have not
been transferred to the Central power” (Dzapshba 1995, p. 116).
It is necessary to pay attention to the reasonable performance of deputy
Kakuba in the course of the NCA session on September 20th, 1920. Confirming that
ruling circles of Georgia receded from the co-ordinated order of consideration
of drafts of the Constitution of Abkhazia, he asked the question: “What does
this Decree represent? Yes, we united on an autonomous basis, but on what
basis... Those conditions on which Abkhazia is a part of Georgia should be
certainly noted. These conditions are not fully discussed, not developed, not
accepted. We name these conditions Constitutional. It is hardly probable that
this is correct. It is simply an agreement between Georgia and Abkhazia. An
agreement concludes if there are two parties. When the agreement concludes, they
should be equal, and if different there will not be an agreement, but a
fiction...
All of us assert that Abkhazia voluntarily enters as a part of the Republic
of Georgia. The voluntary decree is made according to how profitable it is to
those making this decree. Abkhazia makes it as it is profitable to it, and
develops conditions under which it wishes to join with Georgia. Georgia too has
an inalienable right to say no, I don’t need you, go away. It is not only
logical, it is a method used throughout history...
According to the Decree (from March 20th, 1919 - authors), the commission is
created on an equal footing, mixed in equal numbers, both parties are
represented in equal numbers... The Commission reaches a certain decision,
which is represented to the Constituent assembly ( Georgia - authors) and in
NСА. Neither of these can change these decisions. But they can reject them
entirely.
Decisions are subject (to confirmation and ratification - authors) in
Legislative institutions. The Constitution draft should be simultaneously
presented to NСА and to the Constituent assembly and should be confirmed by
both”.
NСА made the following decision after this speech: “Recognizing in the
question of the order of acceptance of the Constitution that it is obligatory to
be guided by 2nd point of the Law from March 20th” (Archive of AGM, Report 21:
About NCA session from September 28th, 1920, pp. 99 - 210).
In one of the detailed "notes" addressed to the chairman of the government
of Georgia, a delegation from the National Council of Abkhazia under
V.Sharvashidze's presidency (members of delegation I.Pashalidi, A.Ubiria,
V.Gurdjua, D.Zaharov, M.Berulava, M.Tarnava, D.Alania. M.Tsaguria) declared in
November 1920:
“During the existence of the Special Transcaucasian Committee, Abkhazia and
Georgia concluded an agreement on 9th February, 1918 mainly defining their
mutual relation as the union of two state formations... These mutual relations
have been further formulated in the agreement between Abkhazia and the
government of the Republic of Georgia on June 8th, 1918”.
However, “the Decree about autonomy...” remained on paper, and three various
drafts of the Constitution were not approved and accepted owing to disagreements
between NСА and the Georgian government.
The NCA delegation arrived in Tiflis on November 6th, 1920 for work on the
draft of the Constitution of Abkhazia in the mixed commission, on an equal
footing together with representatives of the Constituent Assembly of Georgia
("Nashe Slovo", November 9th, 1920). The Georgian government flatly refused to
consider and accept the future Constitution of Abkhazia in the Constituent
Assembly and National Council, unless the NCA delegation did not participate,
even in its discussion. The Constituent assembly (Chairman V.Lomtatidze) and the
Government of Georgia (N.Zhordania) rejected the proxy status of “the
constitutional delegation” of the NСА in Tiflis, did not allow the “commission
mixed in equal number (from Abkhazian and Georgian)” to be generated, and did
not permit this commission “on a parity basis” to consider “the Constitution of
Autonomous Abkhazia” which was actually co-ordinated by the NCA. Regarding a
"Note" from the NCA delegation dated November 7th, 1920 to the Government of
Georgia, the latter did not even find it necessary to answer. The Constituent
Assembly of Georgia announced on November 28th, 1920 in the Georgian language
(ref. №4461) the unacceptability of the “existence of the mixed conciliatory
commission on (parity) basis equal in rights”. It considered that such a
commission would actually appear above “the sovereign supreme body” - the
Constituent Assembly of Georgia, and therefore that Assembly “unilaterally...
has counted... has made itself... it is the unique and competent organ of
legislation in the field of the Republic Constitution, in particular for
autonomous Abkhazia”. As for questions about the “existence of an Autonomous
region and its relation to the Centre”, they could be considered after
“acceptance of the general Constitution”, and could “become a separate chapter
of basic Laws” (Archive of AGM). In this way, item 2 of the Certificate from
March 20th, 1919 was totally violated.
Due to this, members of the constitutional delegation from NCA made their
last statement on December 5th, 1920, in which they said: “Because of such a
radical divergence of the points of view of National Council of Abkhazia and
the central power relating to the working out and acceptance of the Constitution
of Abkhazia, the delegation is leaving” (“Lit. Georgia”, 1989, № 11, p. 157).
The delegation returned with nothing. At the NCA session on January 4th 1921
the report of the returned constitutional delegation was heard and approved. As
the process of preparation, consideration and the statement of “Constitution
of Abkhazia”and “Regulations about the management of autonomous Abkhazia”
occurred without the participation of the Abkhazian party, it did not find
approval at the NCA session where a protest in connection with infringement of
the legislative rights of the NCA was made because of consideration of these
documents by the Constituent Assembly of Georgia. These documents could not
have any validity, as they also contradicted item 2 of the NCA Decree from March
20th, 1919, which was recognised during that period by the Constituent Assembly
of Georgia. Besides, Abkhazia boycotted elections for the Constituent Assembly
of Georgia in the spring of 1920, which did not give Georgia any legislative
basis for decision-making concerning the "autonomy" of Abkhazia. The NСА, at the
session, made the definitive decision: “About an immediate recall of the
delegation, in connection with infringement of an order of discussion of the
Constitution according to item 2 of “the Decree...” from March 20th, 1919
(Archive of AGM; Report № 36 of NCA sessions, December 4th, 1920).
The political background during the working out of three variants of
Constitutions of Abkhazia in 1918 - 1921 was the occupation and annexation of
the country by Georgia, and according to the press and the government of
Georgia, it had all been done in the interests of the people, of whom the
majority in Abkhazia during that period were already Georgians - such documents
were not passed by any legislature of Abkhazia and did not receive any approval
from the people of the country. In Tiflis on December 29th, 1920, the small
Constitutional Commission of the Constituent Assembly of Georgia unilaterally
presented the definitive drafts of “Regulations about the management of
autonomous Abkhazia” and “Constitution of autonomous Abkhazia”. This fourth
variant of the Constitution of Abkhazia was accepted unilaterally by the
Constituent Assembly of Georgia on February 21st, 1921 under the conditions of
annexation and the Georgian occupation, in infringement of norms of
international law as well as the previous agreements between Abkhazia and
Georgia, so was by definition not legitimate. It also should not have been put
into effect, as it was not ratified or confirmed by the basic law of the
country - the Constitution of Abkhazia.
In Georgia, Soviet power was established on February 25th of the same year.
The document concerning Georgia’s relation to Abkhazia was imposed during
conditions of military occupation and annexation of the country, against the
will of the Abkhazian people and government, and was not legitimate. Articles
concerning Abkhazia in the Constitution of Georgia did not come into force,
and from the legal point of view are insignificant.
It is necessary to consider the events occurring in Abkhazia in the context
of civil war. In 1917 - 1921 there were attempts at the construction of
statehood in several different ways:
1. The republic of Abkhazia was included within the Union of the Mountain
people of the North Caucasus. This movement was headed by S.Basaria. Statehood
had been defined by the Constitution of the Mountain Republic and it had been
legitimate since 1917. The official termination of its existence is not
available. It is thought that its formal existence terminated with the signing
of a treaty between the Russian Federation and Georgia on May 7th, 1920. Legally
Abkhazia was a component of the Russian state for all of the period until May
1920, remaining formally a member of the Mountain Republic which under the
decision of the All-Russia Central Committee was transformed on January 20th,
1920 into the Autonomous Mountain Socialist Soviet Republic which was a part
of RSFSR. Considering that the real facts about the withdrawal of Abkhazia from
the structure of the Mountain Republic are not known, two infringements of
international law took place:
a) Military expansion of Georgia against sovereign Abkhazia, a member of the
Union of the Mountain people, which led to annexation;
b) Exclusion by Russia of Abkhazia from the structure of the Union of the
Mountain people, in infringement of the Allied Agreement of October 20th, 1917
(the Statement of claim..., p. 10).
2. Abkhazia became a part of Georgia as an autonomous republic. Ideologists
in this direction were deputies of the АNС, later NСА (Kakuba, Emukhvari,
Sharvashidze). Realisation of the given project started after the arrival of
Georgian military formations on the territory of Abkhazia, and its annexation in
June 1918, after which the supervising body of the country, ANC, became
non-legitimate. During this period the NСА accepted a number of political
documents, namely: “the Decree about the autonomy of Abkhazia”, “the
Constitution of Autonomous Abkhazia”, “Regulations about the management of
Autonomous Abkhazia”. As a consequence the listed documents, accepted by the
illegitimate highest ruling body of the country, the National Council of
Abkhazia, during the period of occupation of the country by Georgian troops and
political annexation, are insignificant and should be disavowed.
3. Independent Abkhazia. A number of ANC deputies of pro-Abkhazian political
orientation (Alania, etc.), adhering to this viewpoint, were in a minority in
the illegitimate АNС. This political line had found support since 1918 among
ethnic Abkhazians - makhadjirs, Turks and the Turkish government.
4. The pro-Russian, Bolshevik direction which arose after the October
revolution in Russia. It was headed by E.Eshba etc., and it appeared to be the
most popular among the people of Abkhazia who in 1921created the legitimate
government, which headed the country throughout the next 70 years of Soviet
power and provided continuity with the modern government of the country.
Throughout all the period until the overthrow of the Menshevik government in
Georgia, the relation between Georgia and Abkhazia had not been confirmed in an
appropriate way, and hence was not legally obligatory for either party. The
population of Abkhazia possessed Russian citizenship, whilst Georgia, which
proclaimed independence and separated in 1918 from the Russian Republic,
presented to its population only its own Georgian citizenship. Therefore a
full distinction between the countries, in terms of ethnic structure of their
populations, statehoods, and citizenship of their inhabitants, resulted. They
were different countries. Thus, Abkhazia since that period has remained a
sovereign state, the subject of international law.
It should be stressed that in the absence of any consolidation of Abkhazian
society, leading to confusion in the minds of the population, conditions arose
in the country which allowed criminals and fraudsters to prepare a basis for
seizing power, territories, and even the culture of the Abkhazian people. An
important role in this process was also played by so-called leaders of the
Abkhazian state of all ranks, guided by momentary benefits or empty promises
of their Georgian patrons, and totally forgetting about their fatherland. A
major factor was also the passivity of the Abkhazian people, who frequently
were not informed about sudden changes in these historical processes which
directly concerned them. As history has shown, the above situation continued
throughout all XX century, and still continues up to the present time.
Throughout the relevant period of approximately three years, changes in the
administrative power of Abkhazia, constant attempts at decision-making by the
pro-Georgian or pro-Abkhazian sides, and mutual recriminations occurred
repeatedly, until, at last, in 1920 the Georgian troops were expelled from the
territory of Abkhazia by the forces of the Voluntary army of General
A.I.Denikin. This had no influence upon any change of statehood of Abkhazia.
Under the conditions of the Georgian annexation the question of independence
of the country could not be solved. It is necessary to note that all extremist
actions in relation to Abkhazia were taken by a country which did not exist
until May 26th, 1918, had gained independence only one year previously, and for
that period had not yet been recognised as a state by any country in the world.
In Georgia there was an active revolutionary process, and on 11-12 February,
1921 a Bolshevik revolt overthrew the Menshevik power in Georgia, and the
Revolutionary Committee of Georgia was formed on February 16th, 1921.
As is known, the first attempt to establish Soviet power in Abkhazia in 1918
had no success, because it had not been supported by the population. But when
the country had endured the deadly embraces of Georgia, the point of view of the
people on such "friendship" changed. Up to 1921, there were a number of events
in which Abkhazia, in conditions of occupation by Georgian troops, tried to be
released from the death grip of its neighbour and "friend". During all of the
Georgian occupation of the country, activities of the Bolshevik movement were
observed. In March 1920 the District Committee of the Russian Communist Party
of Bolsheviks – RCP(b) - appealed for a boycott in the territory of Abkhazia of
elections to the Constituent Assembly of Georgia, and in many areas of the
country this occurred. From September 25th, 1920 a partisan movement against
the Georgian aggressors developed in Abkhazia.
The Kodor Revolutionary Committee (Revcom) of RCP(b) at its session on
February 17th, 1921 made the decision to prepare for armed revolt, which proves
there was no voluntary reunion of Abkhazia with Georgia. As confirmation, an
Appeal on February 20th, 1921 from the Revcom of Abkhazia to the Abkhazian
people, calling for an armed revolt against the Georgian invaders, said:
“When Soviet Russia proclaimed the full autonomy of all small nationalities
of the former Russian Empire - Bashkiria, Kirghizia, Turkestan, Azerbaijan,
Dagestan and all the mountain people of Terek, the Menshevik Georgian
government with blood and iron suppressed the lawful aspirations of Abkhazian,
South Ossetian and Adjarian people to autonomy”.
And, as subsequent history has shown, these words are fully applicable to
later events, especially after 1990 when Abkhazia again began the struggle for
restoration of its sovereignty.
Events in Transcaucasia from February 1921 developed with kaleidoscopic
diversity: a telegram on February 17th, 1921 from the Extraordinary Commissar of
the south of Russia, G.K.Ordjonikidze, spoke about the readiness of the Red
Army to come to the aid of the risen Abkhazian people in their struggle
against Georgian Mensheviks. The Constituent Assembly of Georgia quickly
accepted on February 21st the “Constitution of the Georgian Democratic Republic”
and unilaterally confirmed the “Regulations about the management of autonomous
Abkhazia” as a part of Georgia. At this time, fights with Menshevik Georgian
aggressors began in Abkhazia - on February 24th, the 31st division of the 9th
Kuban Red Army freed Gagra, on February 26th freed Gudauta, and on February 25th
parts of the 9th army occupied Tiflis. After the Constituent Assembly had been
disbanded, the decree about creation of the Georgian Soviet Socialist
Republic was accepted.
Abkhazian armed groups, supported by parts of the 9th Red Army, together
crushed Mazniev and freed Sukhum on March 4th, 1921. By March 8th all territory
of Abkhazia to the Ingur had been released from aggressors, and at the 1st
Congress of Soviet delegates of farmers and workers there was a declaration of
the independent Soviet Socialist Republic of Abkhazia within its historical
borders. This event was confirmed by a radio message on March 31st, 1921 to
V.I.Lenin, I.V.Stalin and G.V.Chitcherin (the Union of Incorporated
Mountaineers..., pp. 372, 373).
The motives for acceptance of such a decision were the fact that the
chauvinistic policy of Georgian Mensheviks strengthened the tendency towards the
restoration of full independence of the country, and national self-determination
among the Abkhazians making the majority of the population of the Sukhum
district. The same policy created among Abkhazians a mass desire to cast in
their lot with Soviet Russia. Therefore at a meeting of ranking officers on
March 4th, 1921, the following unanimous decisions were reached:
“- Abkhazia should be declared a Soviet Socialist republic;
- Soviet Abkhazia should enter into the all-Russian federation
directly;
- The general policy in Abkhazia should be moderately cautious in relation to
the bourgeoisie and peasantry”.
The new Revcom of Abkhazia was created on March 6th, and its structure
included E.Eshba (chairman), N.Lakoba and N.Akirtava. Then the Organisation
Bureau of RCP(b) was created in Abkhazia. At the second Regional Congress of
working Mountaineers on March 8th, the message “confidence is expressed to
Abkhazia, that there will be no return to the menshevik-bourgeois government”
was addressed to the Revcom. As soon as March 31st, 1921, independence of the
state was declared in Abkhazia in the form of the Abkhazian Soviet Socialist
Republic, and the idea about political, national and state sovereignty was
realised. On May 21st, 1921 the Revcom of the Soviet Socialist Republic of
Georgia recognised the independence of the Soviet Socialist Republic of
Abkhazia. Abkhazia also continued to remain a sovereign state, the subject of
international law, after 1921.
The establishment of Soviet power in 1921 was perceived by the people of
Abkhazia as a deliverance from the Georgian occupation and the repressive rule
of the Menshevik party. Also, if in 1918 Soviet power had not received support
in the country, after the three-year occupation of Abkhazia by Georgia during
which period the military Georgian administration disbanded the legitimate
government of the country (ANC) and installed its own management, the situation
had changed. The people saw Bolsheviks as the force which promised to relieve
the country of aggressors, and believed it. And Bolsheviks, after the
establishment of Soviet power, at once declared the independence of the
Abkhazian state in the form of the Abkhazian Soviet Socialist Republic, having
embodied the basic ideal for the sake of which the Abkhazian people throughout
long years conducted a fierce struggle for political self-determination.
With the declaration of Abkhazia as an independent, sovereign republic, both
the territorial integrity of the country within its historical borders and their
inviolability were again confirmed. Apparently from the above material,
activities of the Georgian government during all periods of its mutual relations
with Abkhazia were aimed at the destruction of a stable society and of the
integrity of this state. These activities concerned the military expansion of
Georgia to Abkhazia, occupation of the country and its political annexation.
On the basis of these historical materials relating to the beginning of XX
century, it is natural to come to the following conclusions:
1. Abkhazia in a struggle for independence formed military and political
unions with neighbouring countries. This confirms the fact that Abkhazia de jure
and de facto remained the subject of international law, i.e. a sovereign state.
2. After disintegration of the Russian empire in November, 1917 the
Mountain Republic (the North Caucasian Republic) was proclaimed. Along with
other North Caucasian countries it also included Abkhazia. Thereby de facto
the Abkhazian statehood abolished in 1864 was restored.
3. At a congress of the Abkhazian people on November 8th, 1917 in Sukhum the
first parliament - the Abkhazian National Council - which accepted the
Constitution and the Declaration of the Abkhazian people was selected.
4. Even before the moment of formation of the Georgian Democratic Republic
(GDR), Abkhazia as the subject of international law had concluded the Agreement
with the Tiflis government on February 9th, 1918 which confirmed the
sovereignty and territorial integrity of Abkhazia within borders from the
river Mzymta to the river Ingur. Mutual relations were developed on the basis of
equality of the parties.
5. In the agreement from February 9th, 1918 “concerning the establishment of
mutual relations between Georgia and Abkhazia” there are no words about
autonomy, and all attempts by Georgian politicians and historians to confirm
otherwise have no basis.
6. Georgia, which proclaimed itself an independent republic on May 26th,
1918, occupied the territory of Abkhazia in the second half of June, 1918, on
the basis of the treaty of June 11th, 1918 imposed upon Abkhazia, and with the
direct support of Germany. The government of the Mountain Republic made a
protest to Georgia, and regarded these actions as aggression against Abkhazia
and all North Caucasian states.
7. Up to the moment of formation of the Georgian Democratic Republic,
Abkhazia was independent, not a part of Georgia, thus the territorial borders of
Georgia had not been defined. Hence, at the moment of signing the Decree about
the independence of Georgia on May 26th, 1918, in which in general there is no
mention of Abkhazia, that independent country was de jure and de facto outside
the limits of Georgia and remained a sovereign state.
8. The agreement between Abkhazia and Georgia from June 11th, 1918 de jure
and de facto confirmed the full sovereignty of Abkhazia.
9. Throughout three years (1918-1921) Georgia, whilst occupying Abkhazia,
tried to create legal documents confirming the joining of Abkhazia to its
territory. This action was carried out by the unilateral decision of the
Constituent Assembly of Georgia which accepted on February 21st, 1921
“Regulations about the management of autonomous Abkhazia”, but this did not
mean sovereignty loss de jure, as all undertaken actions were made without the
consent of the people of the country, and territorial borders remained
unchanged. Besides, a change of status of the independent sovereign state was
not reflected in the Constitution of Abkhazia – the official document. As mutual
relations between the countries had not been officially confirmed, they legally
were not obligatory for either party.
10. In struggles against its enemies, Abkhazia as a sovereign state asked
neighbouring countries for help: Russia at the beginning of XIX century, the
states of the North Caucasus in 1917-1918, and also, in the struggle against
Bolsheviks in 1918, - Georgia. These countries understood the reason behind
their help in their own way. In particular, Georgia under the pretext of
military help undertook the annexation of Abkhazia. Occupation proceeded from
1918 to 1921, till the moment of the termination of existence of the Georgian
Democratic Republic. During this period in Abkhazia the legitimate government
was liquidated, any display of independence was choked, severe
retaliatory operations in relation to the people of the country constantly
took place, dispersal of the authorities of independent Abkhazia
occurred, and colonisation of the country by the aggressor - Georgia - took
place.
11. All treaties and agreements concluded between Abkhazia and Georgia
within the years from 1918 to 1921 could not have any validity, as they were
imposed during the occupation and colonial enslavement of Abkhazia by Georgia.
Thus, Abkhazia from 1917 to 1921, remaining de jure a sovereign state and the
subject of international law, could not take advantage of the rights of a
sovereign state de facto, as it was in the position of being an occupied,
annexed country. Treaties, agreements and decisions of the state bodies of
Georgia in relation to Abkhazia in 1918-1921 (including confirming the
sovereignty of Abkhazia) cannot be considered legitimate and legal, as:
a) Abkhazia had at that time a transition period during which there was a
search for its form of statehood whilst confronting both internal and
external forces, and the state structures and their decisions were formed
under the pressure of these primarily external forces;
b) Depending on the influence of external forces, which were the occupation,
annexation and colonization of the country by Georgia, the expansion of
Turkey, the development of the revolutionary Bolshevik movement, the intrusion
of the Voluntary army of A.I. Denikin and support from the Union of Mountain
people, each of these events formed different political views in Abkhazian
society. In the country, inconsistent political and international decisions
regarding the formation of the state were made;
c) The countries which were neighbours of Abkhazia were in a similar
position. Georgia, for example, originally was a part of TDFR, then became
independent, and in 1921 ended its existence as an independent state. Those
agreements which were accepted during the occupation each time lost their force
at a change of political regime or form of statehood, due to the absence of
political and state continuity. For this reason they cannot be recognised as
operating at the moment of termination of the transition period with its chaos
and instability. Therefore all events which were taking place in Abkhazia during
1918-1921 should be considered in the context of civil war and statehood
formation.
12. The treaty between Soviet Russia and Georgia on May 7th, 1920, which
recognised the Sukhum district (but not Abkhazia) as a part of the Georgian
state, had no legal force as Abkhazia two years prior to the signing of this
document was occupied by the Democratic Republic of Georgia as a result of
military intervention. Thus, this document is a recognition by one party of the
fact of its annexation by the other party. The treaty itself lost force after
the occupation of Georgia by Soviet Russia. At the same time it is necessary to
note that after the treaty was concluded on May 7th, 1920, the Entente
countries, primarily England, were compelled to recognise Georgia as being under
the influence of Soviet Russia.
13. The "autonomy" of Abkhazia was not legally drawn up. Only during the last
days of the republic’s existence, on February 21st, 1921 to be exact, did the
Constituent Assembly of Georgia (whose elections the Abkhazian population
boycotted) accept the Constitution of Georgia, having completely ignored item
2 of the Decree from March 20th, 1919. In the Constitution some kind of
autonomous government of Abkhazia (the Sukhum area), Batum territory and Zakatal
area was mentioned (Article 107).
14. The Constitution of Georgia did not come into force. On February 25th,
1921, Tiflis became Soviet.
15. The accepted Constitution of Georgia, with the articles concerning
Abkhazia, did not create any rights or duties for the latter, as these articles
were not accepted by legitimate order and are not reflected in the
Constitution of Abkhazia or in any other legal documents expressing the
sovereign will of the people of the country.
16. The policy of the occupational Georgian authorities in Abkhazia resulted
in the extreme discontent of the multinational population of the country, which
promoted the establishment there of Soviet power on March 4th, 1921. The new
regime was perceived as providing deliverance from the armed intervention,
occupation and colonial government of Georgia in Abkhazia.
So, in 1918 the intervention which led to the occupation and political
annexation of Abkhazia was carried out by Georgia. According to its definition,
annexation (from Latin - joining) means an aggressive kind of violent capture
of all or parts of the territory of another state or nationality, and also the
violent retention of a nationality within the borders of another's state. It
is the acquisition by one state of the sovereignty over the territory of
another, with or without the consent of the latter and without any treaty, as a
result of either conquest or actions which may not lead to war, but trample on
the will of the other state. Having an aggression component, in this case it
covers a wide spectrum of actions, for example, “application of an armed force
by the state against the sovereignty, territorial inviolability or political
independence of another state, or otherwise incompatible with the United
Nations Charter”. Thus the listing of infringements of the constitutional norms
of the annexed country is not obligatory, because the presence of the invader
in the annexed territory is important as the factor which interferes with the
will of the people.
All agreements concluded between Abkhazia and Georgia within the years from
1918 to 1921, even confirming the sovereignty of Abkhazia, could not have any
validity as during this period the annexation of Abkhazia by Georgia took
place. Annexation is illegal if it has occurred after formation
of the relevant nation or national state, which occurred in Abkhazia.
International law does not recognise the legality of domestic or international
documents accepted during military occupation and political annexation of a
state. Abkhazia, from June 1918 until 1921 was in the condition of being an
annexed state, and all decisions of its state bodies were accepted
with the participation of, and under pressure from, the Georgian military
authorities. Therefore all decrees and decisions accepted by Georgia concerning
the sovereign state of Abkhazia, and also those accepted by the state of
Abkhazia itself, are void and insignificant, having lost their validity because
of contradictions to the imperative norm. They should be disavowed by the
Government of Republic Abkhazia (the Statement of claim..., p. 15).
International law, referring to annexation and intervention, especially the
armed intrusion of one state into the internal affairs of another and directed
against its territorial integrity, political independence, etc., allows the
annexed state the right to struggle against such intrusion. The actions of
Abkhazia, which took place during its struggle against Georgian domination in
1918-1921 when the Abkhazian people were periodically rising in a struggle for
freedom and independence, were violently suppressed by chastisers. Thus “state
intervention into the affairs of another” is understood as the concept of
“intention to force another state to operate according to the intervener’s
will”.
Bringing Georgian divisions into Abkhazia in April and from the middle of
June, 1918 in infringement of items of the Agreements from June 8th and 11th,
1918 led to:
- Illegal military occupation of the country proceeding till February 1921;
- Political annexation by Georgia;
- Violent change of political power and of the political system;
- Compulsory decision-making in the Parliament of Abkhazia, by the
subordinates of the military power, directed towards the joining of the country
to Georgia;
- The beginning of the genocide of Abkhazians, following a mass resettlement
in the country of ethnic Georgians from areas of central Transcaucasia for the
purpose of change to the demographic situation in the country, etc. (the
Statement of claim...,p. 14);
- An attempt by violence to deprive the population of Abkhazia of their own
Russian citizenship, and to turn the people of the country into Georgian
citizens.
The fact of occupation did not mean any transfer of sovereignty of an
occupied territory to the occupying party, as all these actions were made
without the consent of its people, and its territorial borders remained
unchanged. Military occupation does not permit distribution of the sovereignty
of the occupying state across the territory occupied by its army (Item 22 of
the Appendix to the Hague convention of 1907 on the laws and customs of
overland war). Item 7 of resolution 34/103 of 1979 “calls for the removal of all
occupation forces from territories, to give the chance to the people of all
states to define and solve their own affairs”. Because only people have the
right of sovereignty, they should also possess the right to define their own
destiny and the destiny of their state.
Change of the status of the independent sovereign state Abkhazia in 1918-1921
is not reflected in one official bilateral document. Moreover, the state whose
territory was occupied was formally considered as keeping de jure its
sovereignty, as well as being subject to international law. This is the
acknowledged position of international law, i.e. the imperative norm.
Loss of such rights, according to classical international law, can take place
only after the formal certificate of annexation.
In cases of infringement of the imperative norm the basic principle
"agreements should be carried out” loses its force and such agreements should be
reconsidered concerning the exclusion of questions falling under the imperative
norm, or cancelled completely. Thus unlike usual revision or denouncement at
which the consent of the parties is required, such consent of the signing
parties is not necessary. At the same time the legality of an agreement is based
on a presumption of the validity of the agreement,, and it can be challenged
only on the basis of international law.
If a national liberation struggle using political means proceeds, the
forces of national resistance or allies of the annexed country do not
recognise annexation and continue to struggle for liberation. The question
can remain in a condition of legal uncertainty for many years as has happened
in Abkhazia. As annexation is at present defined in international law as
illegal, any action associated with it, from the point of view of the
international community, has no validity and does not lead to loss of the
sovereignty of the state or its status as a subject of the law.
The resolutions accepted post factum by the Supreme Council of the GSSR on
November 18th, 1989, on March 9th, 1990 and on June 20th, 1990, which disavowed
earlier confirmed official decrees and state decisions since 1921, recognised
them as illegal and void, having now lost their validity, according to the
Georgian politicians. This essentially makes our work, on revealing and
confirming the necessary conditions for the sovereignty and statehood of
Abkhazia, much easier. Only three years, from 1918 to 1921, were considered, as
until that time Georgia as a state did not yet exist, and after that time by
its own admission ceased to exist as a legitimate, independent, sovereign
state, which formed the basis for cancellation of all legislative documents of
that period. (the Statement of claim ..., p. 11).
Shamba T., Neproshin А. Abkhazia: Legal basis of statehood and sovereignty. М: Open Company "In-Oktavo", 2005, 240 pages.
Далее читайте:
Абхазы -
(самоназвание апсуа) автохтонное население Кавказа.
Абхазия
(краткая историческая справка).
Исторические лица Абхазии (биографический справочник).
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