               United Nations                                                                    S/RES/1393 (2002)
               Security Council                                                 Distr.: General
                                                                                31 January 2002




               Resolution 1393 (2002)
               Adopted by the Security Council at its 4464th meeting, on
               31 January 2002

                    The Security Council,
                     Recalling all its relevant resolutions, in particular resolution 1364 (2001) of 31
               July 2001,
                    Having considered the report of the Secretary-General of 18 January 2002
               (S/2002/88),
                    Recalling the conclusions of the Lisbon (S/1997/57, annex) and Istanbul
               summits of the Organization for Security and Cooperation in Europe (OSCE)
               regarding the situation in Abkhazia, Georgia,
                    Recalling the relevant principles contained in the Convention on the Safety of
               United Nations and Associated Personnel adopted on 9 December 1994,
                     Recalling its condemnation of the shooting down of a helicopter of the United
               Nations Observer Mission in Georgia (UNOMIG) on 8 October 2001, which
               resulted in the death of the nine people on board, and deploring the fact that the
               perpetrators of that attack have still not been identified,
                     Stressing that the continued lack of progress on key issues of a comprehensive
               settlement of the conflict in Abkhazia, Georgia, is unacceptable,
                      Welcoming the important contributions made by UNOMIG and the Collective
               Peacekeeping Forces of the Commonwealth of Independent States (CIS
               peacekeeping force) in stabilizing the situation in the zone of conflict, and stressing
               its attachment to the close cooperation existing between them in the performance of
               their respective mandates,
                    1.    Welcomes the report of the Secretary-General of 18 January 2002;
                     2.   Commends and strongly supports the sustained efforts of the Secretary-General and his Special Representative, with the assistance of the Russian
               Federation in its capacity as facilitator as well as of the Group of Friends of the
               Secretary-General and of the OSCE, to promote the stabilization of the situation and
               the achievement of a comprehensive political settlement, which must include a
               settlement of the political status of Abkhazia within the State of Georgia;



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S/RES/1393 (2002)


                      3.    Welcomes and supports the finalization of the document on “Basic
               Principles for the Distribution of Competences between Tbilisi and Sukhumi” and of
               its letter of transmittal, with the contribution and the full support of all members of
               the Group of Friends, and supports the efforts of the Special Representative on the
               basis of these documents which are positive elements for launching the peace
               process between the sides;
                     4.   Recalls that the purpose of these documents is to facilitate meaningful
               negotiations between the parties, under the leadership of the United Nations, on the
               status of Abkhazia within the State of Georgia, and is not an attempt to impose or
               dictate any specific solution to the parties;
                     5.    Further recalls that the process of negotiation leading to a lasting
               political settlement acceptable to both sides will require concessions from both
               sides;
                    6.    Strongly urges the parties, in particular the Abkhaz side, to receive the
               document and its transmittal letter in the near future, to give them full and open
               consideration, and to engage into constructive negotiations on their substance
               without delay thereafter, and calls on others having influence with the parties to
               promote this outcome;
                    7.     Calls on the parties to spare no efforts to overcome their ongoing mutual
               mistrust;
                   8.    Condemns violations of the provisions of the Moscow Agreement of 14
               May 1994 on a Ceasefire and Separation of Forces (S/1994/583, annex I), and
               demands that they cease immediately;
                     9.    Welcomes and strongly supports, in this regard, the protocol signed by the
               two sides on 17 January 2002 regarding the situation in the Kodori Valley, calls for
               its full and expeditious implementation, in particular by the Georgian side, but also
               specifically urges the Abkhaz side to honour its undertaking not to take advantage of
               the withdrawal of Georgian troops, recognizes the legitimate security concerns of
               the civilian populations in the area, calls on the political leaders in Tbilisi and
               Sukhumi to observe security agreements, and further calls on them publicly to
               dissociate themselves from militant rhetoric and demonstrations of support for
               military options and for the activities of illegal armed groups;
                    10. Urges the parties to ensure the necessary revitalization of the peace
               process in all its major aspects, to resume their work in the Coordinating Council
               and its relevant mechanisms, to build on the results of the Yalta meeting on
               confidence-building measures in March 2001 (S/2001/242), and to implement the
               proposals agreed on that occasion in a purposeful and cooperative manner;
                     11. Expresses its deep dismay at the lack of progress on the question of the
               refugees and internally displaced persons, reaffirms the unacceptability of the
               demographic changes resulting from the conflict, reaffirms also the inalienable right
               of all refugees and internally displaced persons affected by the conflict to return to
               their homes in secure and dignified conditions, in accordance with international law
               and as set out in the Quadripartite Agreement of 4 April 1994 (S/1994/397, annex
               II), recalls that the Abkhaz side bears a particular responsibility to protect the
               returnees and to facilitate the return of the remaining displaced population, and
               welcomes the measures undertaken by the United Nations Development Programme,



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the Office of the United Nations High Commissioner for Refugees and the Office for
the Coordinator of Humanitarian Affairs to improve the situation of refugees and
internally displaced persons, to develop their skills and to increase their selfreliance, with full respect for their inalienable right to return to their homes in
secure and dignified conditions;
     12. Urges the parties to implement the recommendations of the joint
assessment mission to the Gali district, carried out under the aegis of the United
Nations, calls in particular on the Abkhaz side to improve law enforcement
involving the local population and to address the lack of instruction in their mother
tongue for the ethnic Georgian population;
      13. Welcomes the rehabilitation programmes initiated with the cooperation of
the parties to serve displaced persons and returnees on both sides of the ceasefire
line;
      14. Calls on the parties to take all necessary steps to identify those
responsible for the shooting down of a UNOMIG helicopter on 8 October 2001 and
to bring them to justice, expresses also its concern at the disturbing tendency by the
parties to restrict the freedom of movement of UNOMIG, thereby hindering the
ability of the Mission to fulfil its mandate, including through effective patrolling,
and underlines that it is the primary responsibility of both sides to provide
appropriate security and to ensure the freedom of movement of UNOMIG, the CIS
peacekeeping force and other international personnel;
     15. Reminds the Georgian side in particular to uphold its commitment to put
an end to the activities of illegal armed groups crossing into Abkhazia, Georgia,
from the Georgian-controlled side of the ceasefire line;
     16. Welcomes constant review by UNOMIG of its security arrangements in
order to ensure the highest possible level of security for its staff;
     17. Decides to extend the mandate of UNOMIG for a new period terminating
on 31 July 2002, and to review the mandate of UNOMIG unless the decision on the
extension of the presence of the CIS peacekeeping force is taken by 15 February
2002, and, in this respect, notes that on 31 January 2002 the Georgian authorities
agreed on the extension of the mandate of the CIS peacekeeping force until the end
of June 2002;
     18. Requests the Secretary-General to continue to keep the Council regularly
informed and to report three months from the date of the adoption of this resolution
on the situation in Abkhazia, Georgia;
     19.   Decides to remain actively seized of the matter.




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