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  • Matthew Der Manuelian

    MATTHEW DER MANUELIAN

    http://hetq.am/en/politics/turkish-arme nian-protocols-reality-and-irrationality-%e2%80%93 -a-response/#more-18529
    2009/10/06 | 19:00

    Politics

    David Davidian has offered an analysis on the proposed Turkey- Armenia
    Protocols in his piece "Turkish-Armenian Protocols: Reality and
    Irrationality" that leads him to conclude that in the Protocols "the
    only item that changes anything is the physical lifting of the Turkish
    border blockade" and that Armenia should ratify them without delay.

    Davidian's analysis is severely flawed, however, and certainly the
    physical lifting of the Turkish blockade is not the only thing that
    the Protocols will change. They will change the whole game on issues
    of primary importance to Armenia's long-term security and viability
    as a state.

    Davidian effectively uses a grid to explain his analysis and so the
    grid is helpful here in discussing that analysis and presenting our
    own. At the end, we will offer our own grid, which will reflect very
    different conclusions from those of Davidian.

    Davidian's grid is as follows:

    The grid lists five conditions to the lifting of the Turkish blockade
    that were, according to Davidian suggested, agreed to or dismissed
    throughout discussions, post 2005. In fact, there really have been
    three principal Turkish conditions to lifting the Turkish blockade
    since the early 1990's. They have been the following:

    1.End International Recognition of the Armenian Genocide;

    2.Explicitly Recognize the Turkey Armenia Border (and thereby
    implicitly renounce any territorial claims against Turkey);

    3.Withdraw Armenian forces from Nagorno-Karabakh and surrounding
    territories.

    One of these preconditions is properly reflected in Davidian's
    grid as a condition: "End International Recognition of the
    Armenian Genocide." The condition "Armenian Forces Withdraw from
    Nagorno-Karabakh" should actually read "Armenian Forces Withdraw
    from Nagorno-Karabakh and Surrounding Territories." The "Historical
    Commission" is really subsumed in "End International Recognition
    of Armenian Genocide." "Explicitly State no Land Claims on Western
    Armenia" is misstated: the Turkish diplomatic ask has always been
    for Armenia to explicitly recognize the current border (because by
    doing so, Armenia would implicitly renounce any future territorial
    claims). "Open Border" is the subject of the conditions and not
    a condition in and of itself and so doesn't belong in the grid at
    all. With the elimination of "Open Border" from the grid, there are no
    Armenian preconditions (which is the stated Armenian, U.S. and European
    policy) and only Turkish preconditions. The "Suggesting Party" column
    is therefore superfluous and the "Condition" column can be re-labeled
    "Turkish Preconditions".

    We will avoid the semantic gymnastics that President Sarkisian
    and Foreign Minister Nalbandian have applied. It is our view that
    conditions, preconditions, and to use President Sarkisian's words
    "compromises" are the same things for purposes of this discussion.

    Davidian's analysis is flawed because it looks only at whether
    preconditions are stated explicitly. It does not consider whether
    preconditions that are not stated explicitly are in fact reflected
    implicitly in, or actually achieved through, the Protocols.

    End International Recognition of the Genocide

    Davidian's grid correctly reflects that ending genocide recognition
    is not expressly in the Protocols.

    However, although this precondition does not appear explicitly, it is
    reflected implicitly through the establishment of the subcommission on
    historical matters. He lists the Historical Commission as a separate
    condition, but the establishment of the subcommission is not so much a
    condition in itself, but a Turkish strategy for achieving the primary
    precondition of ending international recognition of the genocide.

    In lobbying for official recognition of the Armenian Genocide,
    diasporan Armenians have always faced an insuperable obstacle
    when the Armenian Genocide was the topic of bilateral Turkish
    and Armenian discussions - this was the case with TARC and again
    with the announcement by Turkey and Armenia of the "roadmap"
    in April 2009. Davidian recognizes that the establishment of the
    subcommission is "at best a method for Turks to delay international
    debate on genocide recognition." He argues that the delay tactic
    won't work because "Turkish disingenuousness will be clear to the
    international community." But the international community finds the
    Armenian Genocide recognition campaign an obstacle to maintaining good
    relations with an emerging Turkish power and, when under pressure to
    recognize the Armenian Genocide from Armenian lobbyist groups, looks
    for any convenient cover to avoid taking up the issue. As long as
    Turkey can argue there is a process going on (and no matter Armenian
    protestations of Turkish disingenuousness), there is no evidence that
    the international community will call Turkey on this. Actual recent
    experience, in fact, tells us the opposite.

    While Davidian recognizes the subcommission will cause delay in
    further international recognition of the Armenian Genocide, he does not
    analyze how long that delay may be or the effect the delay will have
    if extended over a long period. Foreign Minister Nalbandian told the
    Armenian Parliament on October 1 that the historical subcommission
    has no time limits "because we realize that this process can last
    very long - maybe 10 years, maybe 20 years, maybe 50 years, or maybe
    longer." If the Armenian government recognizes the long-term nature
    of the subcommission and as long as the Turks can maintain that
    the Armenian Genocide issue is still on the table or still subject
    to debate or that no conclusion has been reached jointly by the two
    sides, we are really speaking about a permanent or semi-permanent end
    to official Armenian Genocide recognition because no Western government
    will recognize the Armenian Genocide under these circumstances.

    The Protocols, therefore, will end the international genocide
    recognition campaign as we have known it for the last 50 years.

    In conclusion, the Turkish precondition of ending international
    recognition of the Armenian Genocide is not stated explicitly, but is
    reflected implicitly in the Protocols and is, in fact, achieved through
    the establishment of the subcommission on historical matters. This
    concession by Armenia runs counter to Armenia's overall security
    concept which includes international genocide recognition as an
    important element.

    Explicitly Recognize the Turkey Armenia Border

    As stated earlier, the Turkish demand has not been for an explicit
    statement that there are no land claims on Western Armenia as
    suggested by Davidian's grid. The Turkish condition has consistently
    been recognition of the current de facto border because this will
    constitute implicit disavowal of all future territorial claims on
    Turkey whether based on President Wilson's arbitration award or on a
    genocide reparations theory. Even in the absence of any assertion of
    territorial claims, by conceding to this Turkish precondition, Armenia
    surrenders one of the few cards it holds in future negotiations with
    Turkey on a variety of issues. Both former Armenian Foreign Ministers
    Oskanian and Hovannisian have effectively argued that Armenia should
    not concede this strategic issue.

    Once formally in the Protocols and elevated to the level of a treaty
    by ratification of the two countries' parliaments, Armenia loses
    the ability to argue for territorial adjustments or to negotiate a
    genuine substantive quid pro quo for the surrender of territorial
    claims (e.g., irrevocable access to the sea with international
    guarantees). Certainly, with the Protocols, any argument based on
    Wilson's arbitration award is irrevocably lost and any argument based
    on genocide reparations is likely irrevocably lost as well or at best
    will be a tremendous uphill battle.

    Davidian has argued cogently through his web-site
    www.regionalkinetics.com that Armenia to be viable needs an outlet to
    the sea. The only two legal bases for achieving that goal are through
    territorial adjustments based on President Wilson's arbitration award
    or on a genocide reparations theory - both would provide a legal
    basis to obtaining the proposed minimum border adjustment advocated by
    Davidian on his web-site. Both prongs of the legal argument are lost
    or, at least, almost irrevocably lost, however, with the concession
    in the Protocols with respect to explicit recognition of the borders.

    In the Protocols, Armenia satisfies the Turkish precondition on
    recognition of borders although territorial adjustments or irrevocable
    easements permitting Armenia access to the sea are critical to
    Armenia's long-term security and viability under current conditions.

    Withdraw Armenian Forces from Nagorno-Karabakh and Surrounding
    Territories

    Davidian's grid correctly points out that there is no condition in
    the Protocols that Armenian forces withdraw from Nagorno-Karabakh and
    surrounding territories. Nor is there any implicit reflection of this.

    As commentators have noted, however, the ratification procedure
    contained in the Protocols may provide Turkey the ability to push
    Armenia to make further concessions in the Karabakh talks since
    the Turkish Parliament may not ratify the Protocols without such
    concessions. The Turkish Prime Minister, Foreign Minister and
    President have repeatedly stated that the border won't be opened
    without "progress" on Nagorno-Karabakh. And we cannot rule out that
    the U.S. and Europe, despite their assurances that they support
    normalization without preconditions (which has not kept them from
    pressuring Armenia on the preconditions in the current Protocols),
    will not then use the situation with the Turkish Parliament to
    push Armenia to make further concessions on Karabakh that result
    in a comprehensive simultaneous "settlement" of the Karabakh and
    Turkey-Armenia issues detrimental to Armenia's interests.

    Armenia's ability and motivation to press forward with the Armenian
    position on Nagorno-Karabakh will also be challenged by the opening of
    the border. The Armenian political and economic oligarchic structure,
    rampant corruption and lack of democratic institutions and independent
    media leave Armenia vulnerable to extensive Turkish influence at all
    policy levels.

    The questions are: Once the border is open, will the current oligarchs
    or some subset of them who benefit economically on a large scale
    from the open border and who effectively control the authoritarian
    regime in Armenia promote Armenia's interests or Turkey's? Will Turkey
    supplant Russia as the regional power who determines Armenian policy
    at the macro-level? Although these questions require further study and
    analysis on a multi-dimensional level, and while there is no explicit
    or implicit condition in the Protocols with respect to the withdrawal
    of Armenian forces from Nagorno-Karabakh and surrounding territories,
    it certainly seems likely that the Protocols and implementation of
    the opening of the border will ultimately have the effect of leading
    to concessions by Armenia detrimental both to Nagorno-Karabakh and
    to Armenia's own long-term security and viability.

    Based on the foregoing discussion, we would offer the following grid
    instead of Davidian's:

    In summary, the Protocols achieve for Turkey two of its primary
    preconditions: (1) ending international recognition of the Armenian
    Genocide and (2) explicitly recognizing the Turkey Armenia border
    (and implicitly renouncing any territorial claims). The Protocols do
    not explicitly or implicitly reflect Turkey's third condition with
    respect to the withdrawal of Armenian troops from Nagorno-Karabakh and
    surrounding territories, but it is likely that both during the process
    of Turkish ratification and during and after the implementation of
    the opening of the border, Armenia will be compelled through direct
    and indirect Turkish and Western pressure to make more concessions
    on Nagorno-Karabakh. We obviously cannot predict the extent of those
    concessions.

    Because all three Turkish preconditions touch issues of, and
    significantly harm, Armenia's long-term security and viability as a
    state and since at least two of the three preconditions are clearly
    achieved through the Protocols, Armenia must neither sign nor ratify
    the Protocols in their present form.

    From: Emil Lazarian | Ararat NewsPress
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