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Sergey Shakaryants: Recognition Of Unrecognized States

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  • Sergey Shakaryants: Recognition Of Unrecognized States

    SERGEY SHAKARYANTS: RECOGNITION OF UNRECOGNIZED STATES

    Regnum, Russia
    June 28 2006

    In the last few days the new US co-chair of the OSCE Minsk Group
    Mathew Bryza (who is also US Assistant Deputy Secretary of State
    for Europe and Eurasia and, apparently, the new State Department
    "coordinator" for all the post-Soviet conflicts) has given start to
    quite unambiguous processes: through Bryza Washington is obviously
    beginning to actively take the side of one of the conflicting states
    (nations) though continuing to say that it is just an unbiased
    mediator. However, almost all the conflicting sides (obviously,
    except Georgia) have a great deal of questions to Bryza.

    No sooner had Bryza taken over "the business" from Steven Mann than
    he began (roughly, starting from June 9-10, though earlier too, when
    visiting the South Caucasus, he acted quite inadequately and was, in
    fact, engaged in peremptory dictation) taking measures, seemingly,
    to quickly finish the talks between the conflicting sides and, in
    fact, to stop the peace-making process as such: to take the side
    of the Moldavian and Georgian authorities and to openly ignore the
    counter-arguments of the authorities of Transdnestr, Abkhazia and
    South Ossetia, to tear out of the general context and to make public
    part of the elements of the Karabakh-Azeri conflict settlement...

    That's hardly the whole list of Bryza's "initiatives." It is noteworthy
    that supporting Bryza in the Moldavia-Transdnestr case is a person
    people in Armenia and Nagorno-Karabakh know well: acting Charge
    d'Affaires of the US Embassy in Moldova Rudolf Perina.

    On June 14, on the day of the St. Petersburg meeting of Russian
    President Vladimir Putin and Georgian President Mikhail Saakashvili,
    the presidents of three of the four de facto independent but yet
    internationally unrecognized post-Soviet states, Abkhazia (Sergey
    Bagapsh), South Ossetia (Eduard Kokoity) and Transdnestr-Moldavian
    Republic (TMR) (Igor Smirnov), as if having a foreboding (or, more
    likely, just being well informed) that the US would toughen its
    position on the post-Soviet conflicts, also decided to meet and to
    discuss their urgent problems in Sukhumi. The result of their meeting
    was more than eloquent: almost everybody noticed that Bagapsh, Kokoity
    and Smirnov reached agreement on who and how their states will have to
    confront in the coming years. The formation of a specific integration
    structure - Association For Democracy and the Rights of Nations (ADRN)
    - was their adequate response to the Americans' previous initiatives
    in the four conflict zones.

    At a briefing in Tiraspol on June 24, Smirnov told journalists about
    the results of the trilateral meeting in Sukhumi.

    At first, he said that during their two-day meeting the three
    presidents tried to strictly fulfill the will of their peoples so as
    to safeguard the key components of each human life. "The fact is that
    nations having big economic, political and military potential use the
    basic principles of democracy to deprive other nations of this right.

    I think that the signing of an agreement to form an Association
    for Democracy and the Rights of Nations is exactly a display of true
    democracy. In this light, we will do our best to observe all the rights
    and freedoms of Transdnestr, Abkhazian and South Ossetian citizens,"
    Smirnov said. He also said that one of the key questions today is
    how the three unrecognized republics will develop strategically:
    "The documents signed show that we will coordinate our efforts in all
    spheres of life, particularly, in security. That was exactly our goal
    and we have achieved it. I point out security because the Abkhazian
    and South Ossetian presidents were mostly interested in forming joint
    peacekeeping forces. I am sure that the development of our association
    will give us big opportunities for joint efforts in the political,
    economic and social spheres."

    Smirnov also noted that the formation of the ADRN is a big chance
    for all the three states to exercise the right of their nations to
    self-determination. "We can ask ourselves why we didn't do that before
    but we can as well answer this question. The geo-political development
    of our countries depends not only on our internal development but also
    on the developments around the world. The Association for Democracy
    and the Rights of Nations will allow us to coordinate our efforts to
    resist any attempts to force us to change our lives in one or another
    way. I thing this association has a big future. Our association is a
    million of former USSR citizens who are eligible to self-determination
    both democratically and historically.

    In particular, TMR who has been formed in compliance with the people's
    will and in conformity with all the international laws and human
    rights principles has the right to international recognition.

    This document is effective also because it clearly defines the
    decisions we should make to conduct a referendum to decide whether
    to develop in unipolar or in multipolar world. To decide who we will
    further develop with, who we will further build our economy, education,
    and defense with. We should also coordinate our efforts in legislation
    and the activities of our parliaments. I think that we will shortly
    start active inter-parliamentary cooperation and then we will jointly
    get into cooperation with the parliamentary organizations of Russia,
    Belarus, Ukraine and other states," Smirnov said.

    In our opinion, the key focus should be exactly on what the Transdnestr
    authorities say because, strange as this might seem, it is exactly TMR
    who has all the necessary attributes of an independent state and will,
    sooner or later, be recognized by the world community as an absolutely
    sovereign territory.

    A scholarly paper on the state sovereignty of the Transdnestr Moldavian
    Republic (TMR) within the framework of the international law has been
    presented in Washington. The authors are Stefan Talmon, Christofer
    Goebel, Nancy Furman, Paul Williams, Stephen Krasner, Andrew Lorenz,
    Michael Scharf, and William Wood, the international scholars from
    Oxford, Stanford, Harvard, and Cambridge universities who contributed
    to the elaboration of the Dayton agreements on the division of former
    Yugoslavia. The experts conclude that historically, Transdnestr has
    never been part of Moldova. While Transdnestr originated from the
    collapse of the USSR, its people and territory have roots that go far
    into history. The foundation and the existence of the modern Republic
    of Moldova are based on a unilateral declaration of independence that
    formalized the forced unification of Moldova and Transdnestr effected
    by Stalin at the onset of WWII. It lacked any "actual legal basis,"
    i.e., was instituted illegally.

    Legal and factual analyses reveal that during the collapse of the USSR,
    the Moldavian SSR broke up into two successor states: Moldova and
    Transdnestr whose today's border fully correspond to the traditional
    historical border that divided them since the early Middle Ages. At
    the moment of Moldavia's secession from the USSR, Transdnestr had
    already seceded and governed its territory on its own.

    The report says that many years of international practice compiled
    into charters allow listing the criteria used to define state
    sovereignty. These are permanent population, definite territory,
    government capable of establishing relations with other nations.

    Today Transdnestr meets all the criteria. It has its own democratically
    elected President and a legislative body currently controlled by an
    opposition party. Its government controls armed forces and enters into
    discussions with foreign states. TMR has proved the viability of its
    statehood and the legitimacy of the process of state building. More
    than a half million people live in Transdnestr over a territory
    of 4,163 sq. km. They successfully meet all the criteria of state
    sovereignty in conformity with the international law. Transdnestr
    has an effectively functioning government that has its own agencies,
    the Constitution, currency, tax system, legal system, and population
    exceeding in its numbers that of many UN member states.

    Now it is clear why Smirnov does not doubt that TMR will be recognized
    as an independent state and will be respected by all the other UN
    member-states and the European integration structures. Let's admit
    that TMR, Abkhazia and South Ossetia have small populations and none
    of them forms an annual budget of no less than $2bn! Nor do they have
    bi- or multi-lateral industrial and agricultural agreements "tying"
    them with partners from other states. Obviously, in preparing their
    report on TMR the Western experts considered the economic factor,
    too. As regards the level of democracy... During the last parliamentary
    elections the observers from the OSCE and the EU, including strongly
    anti-Russian Poles, could not but admit that the elections in TMR
    were fully compliant with the European criteria and standards and
    that there is much more democracy in TMR than there is in Moldova.

    This very complex of quite different but inter-related problems
    that concern the international community inasmuch as some people are
    calling for recognizing a new independent state in Europe contains
    the answer to the question: which of the yet unrecognized post-Soviet
    states has the best chances to be officially recognized the first. On
    the other hand, there is one more very important factor: quite a
    big percentage of the TMR population - a total of 100,000 people -
    is Russian and Ukrainian citizens, though over 90% of the population
    are TMR citizens. And even though today the Ukrainian authorities
    are openly betraying their citizens permanently residing in TMR and
    Ukrainians having TMR citizenship by continuing to keep Transdnestr in
    blockade, they may still give up at some point their baneful policy
    of support for the thesis about "the territorial integrity of the
    Republic of Moldova."

    In all other respects, the grounds on which the Western experts,
    in fact, deny Moldova's right to insists on the "return" of TMR
    under its jurisdiction fully correspond to the conditions under
    which Nagorno-Karabakh Republic (NKR), Abkhazia and South Ossetia
    seceded from the USSR, in general, and from the Soviet Azerbaijan
    and Georgia, in particular. This means that their people may also
    hope that they in Washington will, at least, issue similar expert
    reports on their "cases" too. In Abkhazia and South Ossetia the de
    facto dual citizenship of the overwhelming majority of local residents
    may also be a big trump. As you may know, along with Abkhazian and
    South Ossetian citizenships, no less than 90% of Abkhazians and South
    Ossetians have legally got Russian one.

    Thus, Abkhazia, South Ossetia and TMR have formed an Association
    "For Democracy and the Rights of Nations," a structure many CIS
    media, half jokingly-half seriously, termed as CIS-2 - Commonwealth
    of Unrecognized States. ADNP says it is going to form its collective
    armed "peacekeeping" forces. However, you should not be misled by
    the word "peacekeeping" - if they in ADRN antipode, the Organization
    for Democracy and Economic Development (ODED)-GUAM, are considering
    forming collective "peacekeeping" forces (a project suggested by
    Ukraine and Azerbaijan and supported by Georgia and Moldavia) (i.e.

    to form a special punitive quadrilateral force to be used against the
    peoples of Nagorno-Karabakh, Transdnestr, Abkhazia and South Ossetia -
    in the case of the last three, after forcing out Russian peacekeepers),
    they in ADNP too can talk only about "peacekeepers" who will replace
    their Russian counterparts and will try to prevent OEDE-GUAM forces
    or "international policemen" from entering the conflict zones -
    a project suggested by Bryza to Georgia who continues insultingly
    pushing the Russians out. That's why the US Embassy in Georgia was so
    seriously concerned on June 23 for Bagapsh's statement that if Georgia
    continues driving the Russian peacekeepers outside the conflict zone,
    Abkhazia will stop negotiations, will bring in its troops to replace
    the Russians and will mine Abkhazia's administrative border with the
    other regions of Georgia.

    A day before the embassy nervously "laughed" at the statement of
    the South Ossetian leadership that American military structures take
    part in the provocations organized by Georgian law enforcers in the
    Georgian-Ossetian conflict zone.

    Thus, all the concerned parties more or less involved in all the four
    conflicts perfectly understand that very shortly extra-regional forces
    will be ready to push the Moldavian, Georgian and Azeri authorities
    into re-using force "methods" for resolving the conflicts. Of course,
    the calls for peace and continuation of talks will be continued,
    but they can hardly deceive anybody in a situation when, for example,
    Georgia continues leading in the CIS in the extent and the speed of
    its arms growth. The same is true for Azerbaijan.

    These countries are arming with the help of the US and Turkey as well
    as Ukraine and the Baltic states.

    So it is becoming more or less clear for TMR, Abkhazia and South
    Ossetia what they will have to do in the near future: they will first
    of all have to raise their preparedness for beating off any external
    aggression, whoever undertakes and whoever supports it.

    The problem of Nagorno-Karabakh ... has become kind of isolated:
    recently increasingly often people forget to mention NKR when talking
    about unrecognized republics. We certainly can be super-optimistic
    and say that NIR is "already recognized" as an independent South
    Caucasian state, but things are a bit different. In 1996-1997,
    obviously "advised" by Armenia, the NKR authorities stopped to take
    part in the "CIS-2" summits even though they were quite active in
    four-sided presidential meetings in the early 1990s (this format was
    even five-sided once!). As we see from media reports, until quite
    recently NKR FM officials and experts have still been meeting with
    their colleagues from the other three unrecognized republics.

    Who are we trying to please when refusing to take part in the actions
    of the Abkhazian, South Ossetian and Transdnestr presidents?!

    Moldova, Georgia, the US with Turkey? Probably, Azerbaijan?!

    Obviously, it is the Nagorno-Karabakh or even the Armenian authorities
    who should ask this question. If they do not want to "annoy" Georgia,
    they have obviously failed to get Georgia to refuse to support
    Azerbaijan in the Karabakh problem and to be more constructive when
    our compatriots from the Georgian provinces of Samtskhe-Javakheti and
    Kvemo-Kartli report violations of their civil and other rights and
    freedoms. Consequently, by showing an "ostrich" attitude to whatever
    happening around NKR, TMR, Abkhazia and South Ossetia, the NKR and
    Armenian foreign ministries are making a very big mistake. In our case,
    if something happens and if the peace talks are stopped, the factor of
    dual or Russian citizenship will not work as explosively as it will in
    case if external forces push Georgia and Moldova into applying force
    against Abkhazia-South Ossetia and TMR, respectively. In our case, the
    Nagorno-Karabakh and Armenian peoples will be left face to face with
    Azerbaijan and its secret and open political and military allies, like
    they were at the very beginning of NKR's independence war. "Want peace
    - make ready for war." We regret to say that this Roman proverb is
    becoming increasingly relevant for all the four post-Soviet conflicts.

    In conclusion, let's note that Bryza's unrestrained statements have
    already received critical reaction from the Armenian pro-government
    and opposition forces who have seen nonsense in the words of the US
    State Department official preparing to become a diplomat on conflicts.

    Let's not quote all the statements made in Yerevan on June 26,
    the reply of the presidential spokesman Viktor Sogomonyan would be
    enough: "The points of the framework agreement publicized by the new
    US co-chair of the OSCE Minsk Group Mathew Bryza are just certain
    elements of this agreement which do not reflect the whole content
    of the document." "If the media continue making such revelations
    in the future, the Armenian side will promulgate all the documents
    negotiated in the last 7-8 years: the draft agreement on "common
    state," the document discussed in Key-West and the project considered
    quite recently in Bucharest. I am sure that this will make everything
    absolutely clear. "By the way, all the three documents were rejected
    by the Azeri side," Sogomonyan said.

    As a matter of principle, they in Yerevan have begun to understand
    what a baneful policy they have been carrying on in the last years -
    by keeping top confidentiality about the talks in order to please the
    OSCE MG co-chairs (or just one of them). Sogomonyan's words can be
    also interpreted as a warning to the US that everything has its limits
    and the patience of the Armenian side, in particular. The question
    is why the NKR authorities are silent and are failing to show high
    activity. It is time for them to bravely show their initiatives and
    to remind the world community about the will of their people to fight
    for the comprehensive and unconditional recognition of the right to
    national-liberation struggle.

    Especially as they in Baku have turned out to be quite inclined
    to admit that in some cases, in some countries, there can be
    national-liberation struggle - for example, for stopping the "divided
    people" situation. True, Azerbaijan admits this only with respect
    to the so-called "Southern Azerbaijan" and urges the US, Turkey,
    and the EU to "help" Azeris reunify.

    >>From our point of view, NKR has all the chances to "outrun" our
    Azeri neighbors in all respects, but, first of all, in presenting
    proofs of national-liberation struggle, struggle for restoring
    infringed legal rights (including merely civil) and the interests of
    the Nagorno-Karabakh Armenians. NKR's advantage is that it has much
    higher statehood and democracy development level than Azerbaijan or
    even Armenia have.
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