Abkhazia Marks 31 Years Since the Adoption of Its Constitution

26 November 1994 marked the adoption of the Constitution of Abkhazia at a session of the Supreme Council.

This occurred during a difficult post-war period, when the republic was under economic blockade and faced significant external pressure from the international community.

This article examines how Abkhazia’s political forces defended the young state’s right to adopt its fundamental law.

Foundation of Statehood: How the Constitution of Abkhazia Was Adopted and Amended

In August 1990, the Supreme Council of the Abkhazian ASSR adopted the ‘Resolution on Legal Guarantees for the Protection of Abkhazian Statehood’ and the ‘Declaration on the State Sovereignty of the Abkhazian Soviet Socialist Republic’.

These documents stated that after Georgia’s withdrawal from the USSR, the state–legal relations between Abkhazia and Georgia were severed. Consequently, Abkhazia no longer had legal grounds to remain within Georgia.

The Declaration proclaimed Abkhazia a Soviet Socialist Republic and defined it as a ‘sovereign socialist state, created on the basis of the Abkhaz nation’s exercise of its inalienable right to self-determination’.

The Supreme Council of Georgia declared both documents invalid and without legal force.

Despite this, the 1978 Constitution remained in effect in the republic until July 1992, when the Supreme Council of Abkhazia adopted a resolution terminating it. The resolution stated that it was needed ‘to overcome the legal uncertainty’ created after Georgia’s Temporary Military Council annulled the 1978 Constitution of the Georgian SSR in February 1992 and reinstated the 1921 Constitution of the Georgian Democratic Republic, which did not specify Abkhazia’s status.

‘Pending the adoption of a new Constitution, the 1925 Constitution was brought into force. As already noted, this document proclaimed Abkhazia a sovereign state. At the same time, the existing system of legislative, executive and judicial bodies was preserved. The name “Republic of Abkhazia” was approved, along with a new flag and coat of arms. The 1925 Constitution became the legal “instrument” whose invocation served to legitimise Abkhazia’s right to sovereignty,’ noted Professor Vyacheslav Chirikba, Doctor of Philology.

Abkhazia’s attempt to restore legal justice contributed to an escalation of the conflict in August 1992. The Patriotic War of the People of Abkhazia lasted 413 days and resulted in victory for Abkhazia and the republic’s de facto independence.

+ Constitution of the Republic of Abkhazia (Apsny)

+ Basic Law (Constitution) of the Soviet Socialist Republic of Abkhazia, 27 October 1926

+ Interview with Natella Akaba on Amendments to the Constitution

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

The Constitution Against All Odds

After the war, a Constitutional Commission was formed in the republic, chaired by the then head of the Supreme Council, Vladislav Ardzinba.

A session of the Supreme Council was scheduled for 26 November 1994, where two issues were to be considered: the election of Ardzinba as President of Abkhazia and the adoption of the new Constitution.

Preparations for the session were conducted discreetly. The agenda was not published in advance, as neighbouring states were opposed to such steps being taken by the young republic.

The late historian and politician Stanislav Lakoba, who at the time served as First Deputy Chairman of the Supreme Council, later described the period as highly challenging. He recalled that the situation was further complicated by events in the Chechen Republic.

‘It was a different period, the Yeltsin era, when attitudes towards us were very negative. There were many difficulties. Against the backdrop of events in the North Caucasus, Shevardnadze attempted to portray us as an anti-Russian force. Serious developments were unfolding in Grozny. And it was on this very day, 26 November, that we gathered for the session where the adoption of the new Constitution was to be decided, essentially, a transition to a presidential system of governance,’ Lakoba said.

He noted that considerable pressure was placed on Ardzinba. During the session, Ardzinba repeatedly left for closed-door negotiations. In one such interval, he informed Lakoba that a Russian special representative was insisting that the Constitution should not be adopted, as it might hinder ongoing negotiations with Georgia.

‘After another break, Ardzinba returned visibly tense. He asked: “What should we do? What do you think?” I replied that if we did not adopt the document now, we never would,’ Lakoba recalled.

Not all deputies supported the decision; several abstained for various reasons. Despite the resistance, Ardzinba took a decisive step, and a document of historic importance was adopted.

Consequences

The consequences were immediate. Shortly afterwards, in December 1994, Russia imposed an economic blockade on Abkhazia.

In April 1994, Abkhazia and Georgia, together with representatives of the UN, Russia and the CSCE, signed in Moscow the ‘Statement on Measures for a Political Settlement’ in the presence of the UN Secretary-General. The document acknowledged the absence of state–legal relations between Abkhazia and Georgia. Former deputy of the Supreme Council, Oleg Damenia, later emphasised that by this point the international community had exhausted its capacity to influence the conflict.

‘The international community had fulfilled its mission in resolving the conflict; it could do no more. For us, this meant that we needed to begin building our state on a legal foundation. We needed to consider how to form our statehood legally. We concluded that we needed to adopt a new Constitution. We could not interact with the international community on the basis of the old Soviet Constitution. We had to take into account how the world is organised and how other states function,’ he said.

Amendments

Over the past 30 years, several changes have been made to Abkhazia’s fundamental law:

• 1999 – judicial lifetime tenure was abolished; judges began to be elected for five-year terms.

• 2014 – the Constitutional Court of Abkhazia was established; amendments to the Constitution were prohibited if they abolish or restrict rights and freedoms, undermine independence or territorial integrity, contradict principles of popular sovereignty or separation of powers, or alter the form of state ownership of land or natural resources, as well as the status of the state language.

• February 2016 – the law ‘On the State Protection of the Life of the Mother and the Unborn Child’ entered into force, introducing amendments related to the prohibition of abortion. Parliament adopted it in its final reading on 18 December 2015.

The Need for Reform

Four years ago, a Commission on Constitutional Reform was established and submitted its proposals to Parliament.

A draft law on constitutional reform was subsequently prepared. In November, it was announced that the draft Constitutional Law on Amendments to the Constitution, titled ‘On Legislative and Executive Power’, would be presented to Parliament for its first reading.

Following the events of 15 November this year and the resignation of President Aslan Bzhania, renewed discussions on constitutional reform have emerged.

Abkhaz lawyer and Public Chamber member Tamaz Ketsba has stated that the time has come to revise several constitutional laws.

According to Ketsba, one possible direction for the republic’s development is a transition to a parliamentary–presidential system, in which significant powers would be transferred to Parliament, including approval of the government. In such a system, the People’s Assembly would also need to bear political responsibility, which, he argued, requires granting the president the power to dissolve Parliament.

He added that the electoral system itself requires reform, shifting from a majoritarian to a mixed system, to encourage the development of political parties, which remain weak.

In July this year, the Abkhaz Parliament held a discussion on the redistribution of powers among the branches of government.

A working group on constitutional reform, composed of 27 specialists, presented deputies with a draft of proposed amendments.

The primary aim of the project was not to change the Constitution for the benefit of particular political forces, but to make the fundamental law more effective for the state’s development.

Under the proposed changes, certain presidential powers would be transferred to the prime minister, who would become the head of the executive branch. Parliament would participate in forming the Cabinet, with expanded authority and strengthened oversight mechanisms.

These powers would include approving the state budget and monitoring its execution, forming the government, and issuing votes of no confidence in the prime minister or ministers.

Following the discussions, it was agreed that work on preparing amendments to the Constitution would continue.