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Abkhazia
Legal basis of statehood and sovereignty
Chapter 3. Legal basis of statehood
3.3. Legal confirmations of the statehood of Abkhazia
The statehood of Abkhazians is defined by most historians as existing at the
beginning of II-I centuries BC. However, the first legal confirmation of their
statehood was the official document (manifesto) known as “Throne of the
Abkhazian Tsars”, produced by the governor of the Abkhazian kingdom Bagrat III
in XI century. The manifesto specifies the existence of the Abkhazian kingdom
from the beginning of VIII century and, naturally, the presence of the Abkhazian
governors and the Abkhazian ethnos who, whilst occupying their local territory
of modern Abkhazia, extended both their influence and rule over all
the territory of modern Georgia.
The official legal document confirming Abkhazians as autochthons is Results
of census of 1886, from which, according to statistical data, the Abkhazian
princedom was occupied by about 70 thousand persons, 59 thousand of whom were
Abkhazians (Tab. 1). The census shows that 4166 Georgians lived in Abkhazia at
that time, but as is known, the Georgian ethnos did not exist then, so for the
sake of justice it is necessary to specify that they were Mingrelians
(inhabitants of a neighbouring country) partially occupying Samurzakan.
The next similar official document is Results of population census of the
Abkhazian princedom in 1897, which confirmed that the same number of Abkhazians
(about 60,000 persons) were residing in the country, but the number of Georgians
had increased almost fivefold relative to 1886. The reason for this phenomenon
has already been given.
The presence of Abkhazian statehood is also confirmed in the Charter from
February, 17th, 1810, according to which the protection of the Russian empire
had been given to Abkhazia. The Charter includes:
“... We confirm and recognise you as our kindly loyal hereditary Prince of
the Abkhazian possession under the Supreme protection of our great and glorious
Russian empire, and include you, both your house and all inhabitants of your
Abkhazian possession, in our loyal number”.
Hence, these four legal documents confirm that during different periods of
time, since VIII century AD, the Abkhazian ethnos living in its own territory
was a monoethnic autochthon. Historical science, being based on annalistic
sources from V century BC to the middle of XIX century, does not confirm any
change, destruction or replacement of the Abkhazian ethnos by any other peoples.
All statements of Georgian politicians and historians that Abkhazians were never
in Abkhazia and that it was a Georgian kingdom, and that Abkhazians is a name
for Georgians, as well as fabrications that Abkhazians came down two centuries
ago from mountains in Transcaucasia – all these are nothing more than myths
which have in themselves neither actual nor legal historical grounds.
20 Data from K. Lye, World Factbook, N.Y., 2001.
Fig. 4. A map of "Georgia" when Kartli and Kakhetia were in the structure of
the Caucasian region controlled by a Governor-General (beginning of XIX
century).
Confirmation of the territorial integrity of Abkhazia is contained in Kartlis
Tshovreba where data on the transfer of complete power from the Byzantian Caesar
(the ruler of the Western Black Sea Coast) to the Abkhazian Tsar Leon I is
given, covering all territory from Klisur to the Kuban river. A little bit
later, when Leon II (nephew of Leon I) with the help of Khazars separated from
Byzantines, he added northern areas of Colchis to Abkhazia. This happened in
VIII century.
The document confirming that Abkhazia was an independent state until XVIII
century is the map “Plan of operations of the troops of Major-General Sukhotin
in Asia in the campaign of 1771” (Fig. 2). Analyzing this document, it is
possible to draw the conclusion that 12 years prior to the signing of the
Georgievsk treaty, i.e. during the time when possessors of princedoms of
Transcaucasia called themselves Tsars of Kartli, Kakhetia, Tao-Klardjeti etc.,
the Russian military leaders gave the name “Georgia” to Kartli. Georgia, as
follows from the map, was situated only in the central part of Transcaucasia. In
XVIII and previous centuries, neither Imeretia, Guria, Mingrelia, nor especially
Abkhazia had anything in common with so-called Georgia, which was given that
name by Russian tsars and military men.
Another legal document of international value is “the Highest manifesto on
the joining of Georgia to Russia”, in which the representation of Russia shows
the clearly defined border of so-called Georgia, which by 1801 consisted of two
princedoms, namely: Kartalinia (Gori, Lori and Dushet districts) and Kakhetia
(Telavi and Signakh districts). These two princedoms were all that comprised
Georgia. There was no Imeretia, Guria, Mingrelia, or particularly Abkhazia.
These listed districts made a Russian region in Transcaucasia, controlled by a
Governor-General, during this period (Fig. 4).
The document confirming that the territory of Abkhazia was defined between
the borders of Samurzakan (river Ingur) and the country of Djigets (Sochi area)
is the book “Data on conveniences of apartment accomodation for all kinds of
troops in Abkhazia (Short military-statistical review with apartment map)”,
representing the military-political research of Military authorities of the
Governor-General of Transcaucasia, which was published by the 1st branch of the
Department of the Joint Staff of Russia in 1843.
Besides these materials, there are sources which state that Russian
authorities in Caucasus made the decision in 1864 to cut from the Abkhazian
district (Princedom) in favour of Russia a site adjoining Sochi and belonging to
Abkhazia, and to attach it to the Black Sea district. This attachment was
confirmed in 1904 by the decree of the emperor of Russia. The border of Abkhazia
was thus displaced from the river Mzymta to the river Bzyb (later this decision
was cancelled).
“The New and full geographical dictionary of the Russian state, or Lexicon”,
1788, was an important document which also defined the borders of Abkhazia,
stating that “... Abkhazians are the free and numerous people living in the
Caucasian mountains... The land on which these people live is called Absny in
their own language. During former times these people lived only on the western
side of the Caucasian mountains adjoining to the Black Sea, along the rivers
going directly to this sea between Kuban and Engur. This latter river separates
them from Mingrelians”.
Thus, by 1788 the border of Abkhazia had been outlined. As for its southern
border, it is known from historical sources that Samurzakan, situated on the
right bank of the river Ingur, was a territory disputed between Abkhazia and
Mingrelia up to the 1880s, and later prince Michael Sharvashidze, the governor
of Abkhazia, confirmed that this territory, to the river Ingur, belonged to
Abkhazia.
The relevant legal document confirming that Abkhazia owned the territory from
the river Ingur to the river Mzymta, and was limited by the upper courses of
the river Kodor and the Caucasian ridge, was signed on February 9th, 1918, even
before the formation of the Georgian Democratic Republic (or actually Georgia
as a state). This document was “Agreement” between the National Council of
Georgia and the Abkhazian National Council. One of its items accurately
established the borders of Abkhazia as a sovereign state, from the river Ingur
in the south to the river Mzymta in the north. No subsequent documents from
the period of formation of the Republic of Abkhazia, or from the incorporation
of some princedoms of Transcaucasia into the Georgian Democratic Republic on
May 26th, 1918, mentioned the borders of Abkhazia, and the problem of
territorial disputes, both with Russia and with Georgia, was also absent.
All given documents confirm the absence of any legal obstacles to the
self-determination of the Abkhazian people, and also the presence of the already
existing sovereignty, territorial integrity and political independence of the
Republic of Abkhazia, as a state and the subject of international law.
However, on May 7th, 1920 Georgia concluded the union with RSFSR, and one of
its items attached Abkhazia to Georgia’s territory, without the consent of
Abkhazia. Representatives of Abkhazia were not invited to the discussion and
signing of this contract, and were not informed about it at all. We will give
the full text of some articles from this contract, directly concerning Abkhazia,
with our comments:
“Article 1. Proceeding from the right, proclaimed by the RSFSR, of all
peoples to free self-determination, up to full separation from the state into
whose structure they are included, Russia unconditionally recognises the
independence of the Georgian state and voluntarily refuses any sovereign
rights which Russia had in relation to the Georgian people and land”.
It is necessary to notice that in this article there is no concrete
definition peculiar to international contracts. On the one hand, where the
main principles of self-determination are mentioned, all is correct. But on the
other hand, when the sovereign rights of Russia are included “in relation to the
Georgian people and land”, questions which, undoubtedly, should have been
considered by career diplomats involuntarily arise: who are meant by “the
Georgian people”? The answer is clear - the population of that territory in
which Russia has established sovereignty, naming it “Georgia”. However,
if Georgian diplomats named the territory of occupied Abkhazia as a Georgian
state, such treatment contradicted international law. A very important question
is why Russia, declaring the right to self-determination for Georgia, did not
confirm and has not confirmed it concerning the independent state of Abkhazia,
recognising in 1920 the annexation of this country by Georgia and continuing
to recognise it till now? What justifies Russia’s unwillingness to put its
declared principles into practice, confirming the free will of the people of
Abkhazia?
“Article 2. Proceeding from the proclamation in previous article 1 of the
present contract of principles, Russia undertakes to refuse any intervention
in the internal affairs of Georgia”.
The treaty between Russia and Georgia and its decisions concerning Abkhazia
were unexpected not only for the newly-formed state of Georgia, but also for
the world community as a whole. During this period the Entente states were
taking part in the re-partition of the territories of Transcaucasia. They issued
strong-willed orders which resulted
Fig. 5. “Border between Turkey and Armenia”. A map of the Joint Staff of the
USA Army.
from the map of borders of Armenia defined in his own hand by US president
Woodrow Wilson in 1920, presented as Fig 5. The map contains rather curious and
valuable information. On the extract from it presented as Fig. 6, the reader can
see that Georgia at that time consisted only of Tiflis province and Batumi
region. Neither the Kutais province (an Imeretian princedom) nor Abkhazia,
were in the structure of Georgia.
As we have already noted, on February 25th, 1921 Tiflis was occupied by the
Red Army. During this period, when the Caucasian countries, including Abkhazia
and Georgia, were a part of the USSR, Abkhazia in practice possessed territorial
inviolability as a sovereign or autonomous republic. Nevertheless, in 1990 when
Georgia unilaterally left the structure of the USSR, it appeared that this
treaty presented the territory of Abkhazia to Georgia, and
self-evidently gave the statehood of Abkhazia to Georgia also, and it therefore
was an element in the capture and occupation of the country and its political
annexation. Since that moment even the truncated sovereignty of Abkhazia de jure
has appeared to be completely cancelled.
Fig. 6. Extract from a map of the Joint Staff of the USA Army concerning
Georgia, the Kutais province and the Abkhazian district (Abkhazia).
Shamba T., Neproshin А. Abkhazia: Legal basis of statehood and sovereignty. М: Open Company "In-Oktavo", 2005, 240 pages.
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