Abkhazia Marks the 25th Anniversary of the Act on State Independence

SUKHUM / AQW'A ―  Today, 12 October 2024, Abkhazia commemorates the 25th anniversary of the adoption of the Act on the State Independence of the Republic of Abkhazia, a pivotal event in the nation's modern history. This important milestone symbolises Abkhazia’s triumph in its long struggle for self-determination and the right to shape its future independently.

The Path to State Independence

The road to Abkhazia’s statehood was a complex and challenging journey. On 30 September 1993, after 413 days of intense conflict, Abkhazian army reached the banks of the Ingur River, triumphantly raising the national flag. This decisive victory, which led Abkhazia to its de facto independence, saw the complete liberation of the republic from the forces of Georgia’s State Council. However, it was not until 12 October 1999 that this hard-fought independence was formally declared with the signing of the Act on State Independence.

This significant legal act was preceded by a national referendum held on 3 October 1999, during which 97.7% of Abkhazia's citizens voted in favour of the existing Constitution of the Republic of Abkhazia, which had been adopted on 26 November 1994. The adoption of this Constitution, which laid the foundation for a sovereign Abkhazian state, was an essential precursor to the formal declaration of independence. It represented the will of the people and reaffirmed their desire to pursue their path towards self-governance.

The Act on State Independence solidified Abkhazia's status as a sovereign state and contained a formal appeal to international bodies such as the United Nations (UN) and the Organisation for Security and Co-operation in Europe (OSCE), calling on them to recognise Abkhazia's independent status. The document was rooted in the principles of international law, specifically the right of nations to self-determination.

Post-War Negotiations and the Decision to Declare Independence

This delay was largely due to the protracted and often frustrating negotiations with Georgia, which repeatedly demonstrated a lack of commitment to reaching a fair settlement. Despite their military victory, the Abkhazian leadership showed a willingness to explore federative possibilities with Georgia. However, Tbilisi consistently offered little more than a return to the pre-war status quo, which would have denied Abkhazia the independence it had fought for.

The negotiations culminated in 1997 when, after lengthy discussions and numerous last-minute amendments from the Georgian side, a protocol was prepared for presidential signing. Yet, at the final moment, it was Georgia, not Abkhazia, that refused to sign the agreement, stalling any progress toward a potential settlement. This obstructionist approach continued, as evidenced in February 2001 when Georgia’s UN Ambassador, Petre Chkheidze, refused to sign two draft documents, despite the fact that they had been proposed by the Georgian side itself.

This persistent pattern of bad faith from Tbilisi played a significant role in Abkhazia’s decision to formalise its independence in 1999, marking an end to the negotiations aimed at creating a shared state structure. By this time, the Abkhazian leadership, led by Vladislav Ardzinba, had come to the conclusion that further discussions with Georgia would not yield meaningful results. The declaration of independence was thus not only a reflection of Abkhazia’s victory in the war but also a response to the failure of diplomatic efforts.

+ Geneva Talks Envoy Says Negotiations Fruitless (Tbilisi Radio, 21 April 1994 / FBIS Report/Translation)

+ Abkhazia Agrees To Form 'Joint Single State' (Interfax, 29 Jan 1996 / FBIS Report/Translation)

+ Video: Eduard Shevardnadze comments on Abkhazia's proposal for federative relations with Georgia 

+ 14 August 1997, Vladislav Ardzinba - in Tbilisi. How did this come about?

International Challenges

The adoption of the Act in 1999 did not come without challenges. At the time, Abkhazia, a small republic emerging from a destructive and bloody war, faced significant opposition from the international community. Many nations, wary of the growing number of 'separatist' movements globally, viewed Abkhazia’s declaration of independence with scepticism.

Russia, then Abkhazia’s future strategic partner, initially held a cautious stance on the republic’s independence. Fearing the spread of 'separatist' movements within its own borders, the Russian Federation had, during the 1990s, supported Georgia's territorial integrity, going so far as to impose economic sanctions and a blockade on Abkhazia. This stance coincided with Russia's military involvement in Chechnya, where it sought to quell separatist movements.

'Grozny assault may be near.' By Chris Bird [AP]. 19 December 1994.

Vladislav Ardzinba, Abkhazia’s leader at the time, exhibited remarkable diplomatic skill, navigating these challenging international conditions. Despite his unwavering resolve, he agreed to prolonged negotiations with Georgia, mediated by Russia, aimed at finding a solution that would allow for a shared state structure. However, these negotiations repeatedly failed due to Georgia’s insistence on imposing conditions that were unacceptable to Abkhazia.

It was against this complex backdrop that the decision was made to declare Abkhazia’s full independence in October 1999. Political scientist Astamur Tania, who served as a political adviser to President Ardzinba from 1999 to 2005, recalls the intricate considerations that shaped this decision. According to Tania, the key figures behind the move to independence were Vladislav Ardzinba and Viacheslav Chirikba, who recognised the need to clarify Abkhazia’s political path to the international community. The adoption of the Act on State Independence was not merely a legal formality, but a crucial step in asserting Abkhazia’s right to exist as an independent state.

The Referendum and Presidential Elections

The referendum held on 3 October 1999, which coincided with the first nationwide presidential elections in Abkhazia, was a key moment in solidifying the republic’s future. An overwhelming majority of the population—97.7%—voted in favour of the 1994 Constitution, which had already declared Abkhazia’s sovereignty. At the time of the referendum, 219,534 citizens with voting rights lived in Abkhazia, representing 58.5% of the pre-war electorate. The voter turnout of 87.6% further underscored the population’s determination to establish an independent state.

The text of the Act on State Independence was carefully drafted to reaffirm the results of the referendum and to highlight the fact that the 1994 Constitution already provided the legal basis for Abkhazia’s independence. This approach was intended to prevent any misinterpretation that Abkhazia was only now declaring independence, while in fact, it had already been functioning as a sovereign state since 1994.

+ The International Legal Status of the Republic of Abkhazia, by Viacheslav Chirikba

+ Thirty-Year Struggle: Georgia and Abkhazia's Lost Opportunities for Dialogue

+ The Georgia-Abkhazia peace process: Agreements Database

The Legacy of the Act on State Independence

The adoption of the Act on State Independence on 12 October 1999 marked the end of negotiations with Georgia about the possibility of forming a shared state structure. Abkhazia made it clear that future discussions with Georgia would be limited to issues related to good-neighbourly relations and the resolution of specific disputes.

Despite the risks involved in proclaiming independence, the decision proved to be justified. By the late 1990s, relations between Russia and Georgia had deteriorated, and no serious international sanctions were imposed on Abkhazia following the Act’s adoption. In fact, the move towards independence paved the way for official recognition of Abkhazia by the Russian Federation in 2008, following the Russo-Georgian War, and by several other countries.

Astamur Tania has noted that the adoption of the Act on State Independence was a vital step in Abkhazia’s journey towards self-determination and statehood. It laid the groundwork for the republic’s political, economic, and cultural development and established its position on the international stage.

Today, more than ever, it is crucial for Abkhazia to continue its development while preserving its unique identity and adhering to the principles of independence and self-determination that have defined its journey thus far. The Act on State Independence remains a cornerstone of Abkhazia’s sovereignty, symbolising the people’s enduring commitment to building a free and independent state.

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ACT ON THE STATE INDEPENDENCE OF THE REPUBLIC OF ABKHAZIA

The statehood of Abkhazia has a 1,200-year history. For centuries, the people of Abkhazia have fought for their independence.

With the onset of the dissolution of the USSR, the people of Abkhazia intensified their struggle to restore the state independence they had lost.

The adoption of the "Declaration on State Sovereignty" by the Supreme Council of Abkhazia on 25 August 1990 was the first step towards its re-establishment. The severance of state-legal relations between Abkhazia and Georgia, initiated by the Georgian authorities, and the subsequent Georgian-Abkhazian war of 1992-1993 led to the de jure and de facto independence of Abkhazia.

The Constitution of the Republic of Abkhazia, adopted by the Supreme Council of the Republic of Abkhazia on 26 November 1994, provided the legal framework for the already established independent state – the Republic of Abkhazia (Apsny).

On 3 October 1999, a referendum was held in the Republic of Abkhazia to determine the citizens’ attitude towards the current Constitution. By the day of the referendum, 219,534 citizens with voting rights lived in Abkhazia, representing 58.5% of the pre-war electorate. 87.6% of the citizens registered in the voter lists participated in the vote, which constituted more than half of the pre-war electorate. 97.7% of those who voted approved the current Constitution.

According to the Constitution and the Law of the Republic of Abkhazia on nationwide voting (referendum), the people’s power is the foundation of state authority in the Republic of Abkhazia. The people exercise their power directly through referenda or via their representatives. Thus, the people of Abkhazia reaffirmed their determination to continue building a sovereign, democratic, and legal state – a subject of international law – and to seek its recognition by the international community.

Based on the will of the people, we once again confirm and proclaim the State Independence of the Republic of Abkhazia.

The rights and freedoms enshrined in the Universal Declaration of Human Rights, the International Covenants on Economic, Social and Cultural Rights, on Civil and Political Rights, and other universally recognised international legal acts form one of the main foundations of the constitutional order of the Republic of Abkhazia.

The Republic of Abkhazia intends to build its relations with other states on the principles of equality, peace, good neighbourliness, respect for territorial integrity and sovereignty, non-interference in internal affairs, and other universally recognised principles of political, economic, and cultural cooperation between states.

Based on this, we appeal to the United Nations, the OSCE, and all states of the world to recognise the independent state created by the people of Abkhazia, grounded in the right of nations to self-determination.

President of the Republic of Abkhazia
V. Ardzinba

Speaker of the People’s Assembly of the Republic of Abkhazia
S. Dzhinzholia

Deputies of the People’s Assembly of the Republic of Abkhazia