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Land-Locked: The Necessity Of Open Borders In Armenia

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  • Land-Locked: The Necessity Of Open Borders In Armenia

    LAND-LOCKED: THE NECESSITY OF OPEN BORDERS IN ARMENIA

    By Rupen Janbazian on December 23, 2014

    Special for the Armenian Weekly

    The historically positive relationship between Israel and the Republic
    of Turkey has been strained since the 2008-09 Gaza War and the 2010
    Gaza flotilla raid. More recently, following U.S. pressure on both
    sides, a failed attempt of reconciliation between the two nations
    began in early 2013, with little to no development.1 Relations between
    Israel and Turkey hit a new low in October 2013, with the scandal over
    alleged Turkish involvement in the exposure of Israeli special agents
    in Iran.2While military, strategic, and diplomatic cooperation between
    the two nations were once accorded high priority by both parties,
    Turkey's legal challenge to Israel's blockade of Gaza has shown that
    relations may never be fully restored.

    One of the most interesting aspects of Ankara's claim that Israel
    was acting unlawfully in Gaza, was the fact that it inadvertently
    highlighted the illegal blockade that Turkey has imposed on neighboring
    Armenia for the past two decades. In 1993, the Republic of Turkey
    joined Azerbaijan in implementing a blockade in response to the
    Nagorno-Karabagh War. Although Turkey did not directly take part in
    the conflict, it sided with Azerbaijan because of ethnic ties, and
    continues to enforce the damaging blockade that cannot be justified
    under international law. This act assumes a total air, rail, and
    road blockade of Armenia with no exceptions, even for shipments of
    humanitarian assistance.3,4 Approximately 80 percent of the length
    of Armenia's borders is closed, including all roads, rail lines,
    and pipelines from Turkey and Azerbaijan into Armenia.5 This has
    crippled the Armenian economy and hindered the nation's growth and
    prosperity over the past two decades.

    The Republic of Armenia is a land-locked country with very few natural
    resources and relies on trade with neighboring nations to develop and
    progress. The blockades imposed by Turkey and Azerbaijan have created
    a difficult situation within the country, as the cost of transport
    to Iran and Georgia is consistently on the rise. Concern regarding
    the expansion of international trade to land-locked countries was
    first brought up in the United Nations in February 1957, during the
    656thPlenary Session of the General Assembly. Recognizing the need to
    provide corresponding transit possibilities to land-locked countries
    for the development of international commerce, Resolution 1028 (XI)
    "invites the Governments of Member States to give full recognition
    to the land-locked Member States in the matter of transit trade and,
    therefore, to accord them adequate facilities in terms of international
    law and practice in this regard."6 In 1969, the Republic of Turkey
    acceded to the Convention on Transit Trade of Land Locked States
    of 1965.7

    The convention's first principle stated that "the right of each
    land-locked State of free access to the sea is an essential principle
    for the expansion of international trade and economic development."

    The third principle of the convention assumes the right to free access
    to the sea for land-locked countries, stating, "In order to enjoy the
    freedom of the seas on equal terms with coastal States, States having
    no sea coast should have free access to the sea." Moreover, the fourth
    principle of this convention states that "Goods in transit should
    not be subject to any customs duty," and that "Means of transport
    in transit should not be subject to special taxes or charges higher
    than those levied for the use of means of transport of the transit
    country." Although Turkey has acceded to the Convention on Transit
    Trade of Land-locked States, the Republic of Armenia has not. It
    is perhaps in Armenia's best interest to sign onto this important
    convention to better position itself and protect its rights as a
    land-locked nation.8

    The blockade imposed by Turkey and Azerbaijan has often wrongly been
    referred to as an embargo or as trade sanctions on Armenia. However,
    in terms of international law, the economic blockade and diplomatic
    boycott are directly against the principle outlined in the United
    Nations Charter requiring the peaceful resolution of conflicts.

    This principle, calling for the peaceful settlement of disputes, is
    also mentioned in the "Accession Partnership with Turkey" adopted by
    the EU Council. Moreover, the international community has on several
    occasions called on Turkey and Azerbaijan to lift their blockades. The
    UN Security Council, for example, has explicitly referred to and voiced
    concern over the economic blockade imposed by Azerbaijan against
    Armenia. On Jan. 29, 1993, the president of the UN Security Council
    made a statement (S/25199) expressing "deep concern at the devastating
    effect of interruptions in the supply of goods and materials,
    in particular energy supplies" to Armenia and to the Nakhichevan
    region of Azerbaijan, and called on governments in the region "to
    allow humanitarian supplies to flow freely, in particular fuel."9 In
    late 2000, the European adopted (C5-0036/2000) concerning the report
    on Turkish progress towards candidacy for the European Union, which
    called on the Turkish government to re-establish normal diplomatic
    and trade relations with Armenia and lift the ongoing blockade.10

    It's important to note here the significance of Armenia's remaining
    open borders. Armenia shares a small yet very important border
    with neighboring Iran, along the Araks River. Yet, its border with
    Georgia is even more significant and vital, since the main land, rail,
    and seaborne transportation routes, which allow Armenia to connect
    with the outside world, all pass through Georgia. It is assumed that
    approximately 70 percent of Armenia's foreign commodity circulation
    is achieved through Georgian territory, via the Georgian rail system
    and the ports of Batumi and Poti.11Following the 2008 South Ossetia
    war, which prompted concerns over the stability of energy routes in
    the Caucasus, it became even more clear that the Republic of Armenia
    cannot rely solely on its existing open boundaries, and must work
    towards opening the remaining length of its borders.

    It is also important to note the significance of certain international
    programs that aim to facilitate travel and increase security within
    the borders of the South Caucasus. For example, the Integrated Border
    Management Systems in the South Caucasus (SCIBM) aims to "facilitate
    the movement of persons and goods in the South Caucasus states of
    Armenia, Azerbaijan, and Georgia, while maintaining secure borders,
    through enhancing inter-agency, bilateral, and regional border
    management cooperation both within and among the countries of the
    South Caucasus region as well as between the countries, EU Member
    States, and other international sectors."12

    Unfortunately, the issue of lifting the blockade is often politicized
    and tied to the future of Nagorno-Karabagh. In reality, the closed
    borders have a profound impact on the process of self-determination
    in the region and on Karabagh's development. On Oct. 10, 2009, the
    foreign ministers of Turkey and Armenia signed an accord proclaiming
    the two nations had agreed to establish diplomatic relations. Among
    many other issues, the document emphasized their decision to open
    the common border between Turkey and Armenia. This provision within
    the document, however, suggested that both Armenia and Turkey were
    party to this blockade, when, in reality, Turkey's decision in 1993
    to illegally blockade Armenia was taken unilaterally.13 The Republic
    of Armenia has continuously called for the normalization of ties,
    including unimpeded transportation, without preconditions.

    Nonetheless, the diplomatic efforts to normalize relations have
    faltered, as Turkish officials announced publicly that they would only
    ratify the protocols after the Nagorno-Karabagh conflict is settled,
    and Armenia responded by suspending its ratification process.14 On
    April 22, 2012, the ruling Armenian coalition made a statement, in
    which it made it clear that the political majority in the National
    Assembly considered statements from the Turkish side as unacceptable,
    "specifically those by Prime Minister Erdogan, who has again made
    the ratification of the Armenia-Turkish protocols by the Turkish
    parliament directly dependent on a resolution over Nagorno-Karabagh."15

    According to a study by the New England School of Law's Center
    for International Law and Policy, "Nagorno-Karabagh has a right of
    self-determination, including the attendant right to independence,
    according to the criteria recognized under international law."16 As the
    analysis elaborates, "the principle of self-determination is included
    in Articles 1, 55, and 73 of the United Nations Charter."17Moreover,
    the right to self-determination has been repeatedly recognized in a
    series of resolutions adopted by the UN General Assembly--notably,
    Resolution 2625 (XXV) of 1970, which focuses on the principles
    of international law concerning friendly relations and cooperation
    among states in accordance with the UN Charter. While the Azerbaijani
    argument states that political independence for Karabagh violates the
    territorial integrity of Azerbaijan, according to the New England
    School of Law's study, "the claim to territorial integrity can be
    negated where a state does not conduct itself 'in compliance with
    the principle of equal rights and self-determination of peoples' and
    does not allow a subject people 'to pursue their economic, social,
    and cultural development' as required by United Nations General
    Assembly Resolution 2625 (XXV)."18 The Organization for Security
    and Cooperation in Europe (OSCE) Minsk Group was created in 1992 by
    the Conference on Security and Cooperation in Europe to encourage a
    peaceful, negotiated resolution to the Karabagh conflict.

    Azerbaijanis have long distrusted the Minsk Group, claiming that
    the three co-chair countries (Russia, France, and the United States)
    have large Armenian Diasporas and will always favor Armenians in the
    conflict. Many Azerbaijanis accuse the Minsk Group of not putting
    enough pressure on Armenia to return territory to Azerbaijan, and of
    prolonging the negotiations indefinitely.19 Nonetheless, the OSCE
    Minsk Group remains the only internationally mandated format for
    negotiations on the settlement of the Nagorno-Karabagh conflict.

    According to Ara Papian, the former ambassador of the Republic of
    Armenia to Canada and current head of the Modus Vivendi Centre, the
    Republic of Armenia is able and is obliged to defend its rights based
    on international law, and to carry out goal-oriented and consistent
    steps towards lifting the blockade on Armenia.20 As a member of the
    UN, the Republic of Armenia has the absolute right to "bring any
    dispute, or any situation of the nature referred to in Article 34
    [of the UN Charter] to the attention of the Security Council or of
    the General Assembly," as per the first clause of Article 35 of the
    UN Charter. Article 34 states, "The Security Council may investigate
    any dispute, or any situation which might lead to international
    friction or give rise to a dispute, in order to determine whether
    the continuance of the dispute or situation is likely to endanger
    the maintenance of international peace and security." The Republic of
    Armenia's initiative to bring up the issue of Turkey and Azerbaijan's
    deliberate violations of international law would help support the
    course of lifting the dual blockades on the Republic of Armenia.21

    In reality, this situation, especially on the Armenian-Azerbaijani
    border, looks quite grim these days--likely the worst since the
    blockade was first imposed. While there have been some small, but
    important steps in Turkish civil society to discuss the possibility
    of open borders with Armenia, Azerbaijan continues to be the "sore
    thumb" in the ever-so complicated situation between the parties. In
    November 2014, a two-day conference entitled, "The Sealed Gate:
    Prospects of the Turkey-Armenia Border," took place at the Faculty
    of Political Science at Ankara University, a dialogue and a venue
    that would have been considered unimaginable in even the recent
    past.22However, only about a week before the conference, Azerbaijani
    armed forces shot down an unarmed Armenian helicopter--the most
    significant military incident between the two sides since the 1994
    ceasefire. While Azerbaijan has claimed the Mi-24 helicopter crossed
    the line of contact and was planning to attack, Armenia maintains
    that the aircraft remained on its side and was completely unarmed.23
    Azerbaijani military hostility, coupled with cries from Azerbaijani
    civil society and government agencies denouncing such conferences
    and calls for the opening of the border between Armenia and Turkey,
    make it difficult to imagine an open Armenian-Turkish border as long
    as Azerbaijan is involved and is active at the bargaining table.24

    Normalizing relations with Turkey is part of the Republic of Armenia's
    national security strategy, officially adopted in 2007. Armenia's
    security is threatened and its development hampered as a result of the
    "unnatural character" of bilateral relations and the closed border by
    Turkey, it states. Furthermore, "the absence of normalized relations
    adversely affects the stability of the region as a whole and impedes
    the development of regional cooperation."25 The World Bank suggests
    that if the blockade were to be lifted by just Turkey, Armenia's
    Gross Domestic Product (GDP) could increase by 30 to 38 percent,
    and its exports could easily double.26

    Considering that more than three-quarters of the length of Armenia's
    borders are closed, and accepting the fact that the closed borders have
    been damaging for the Armenian economy and threatening to Armenia's
    national security--delaying the country's development and prosperity
    over the past 20 years--it is vital that the illegal blockade be
    lifted by Turkey, and that the borders to Armenia be opened. What is
    most important, however, is that the process is done in such a way
    that the Republic of Armenia does not make any serious concessions,
    such as the recognition of the Armenian Genocide and the legal rights
    of Karabagh citizens. At the same time, it is important for the
    Republic of Armenia to actively engage in and support the Integrated
    Border Management Systems in the South Caucasus (SCIBM), since the
    program works within the United Nations Development Program (UNDP),
    functions with international law standards, and is in accordance with
    the UN Charter.

    Notes

    [1] Sanders, Edmund and Christi Parsons. "Obama Facilitates
    Reconciliation Between Israel and Turkey." Los Angeles Times, March
    22, 2013.

    2 Watson, Ivan and Tuysuz, Gul. "Turkey Rejects Claims it Blew Israeli
    Agents' Cover." CNN 17 October 2013.

    3 "Addressing Turkey and its Blockade on Armenia." Armenian Center
    for National and International Studies, Occasional Paper Number One,
    Autumn 1994.

    4 One exception to this policy came in the winter of 1993, when Turkey
    opened its borders to humanitarian aid, which provided Armenia with
    energy supplies. Although Turkey allowed for some humanitarian aid to
    pass through its territory, this did not prevent then-Turkish Prime
    Minster Suleyman Demirel from giving all the diplomatic support he
    could to Azerbaijan, especially in the United Nations.

    5 Hakobyan, Tatul. "Georgia to remain vital transit route for
    Armenia." The Armenian Reporter, Nov. 13, 2009.

    6 United Nations General Assembly Resolution 1028 (XI) Land-Locked
    Countries and the Expansion of International Trade (Feb. 20, 1957).

    7 Papian, Ara. "The Blockade by Turkey: An Utter Violation of
    International Law and Borne Obligations." Azg Daily, April 3, 2007.

    8 ibid.

    9 United Nations Security Council Resolution 822 (April 30, 1993).

    [1]0 European Parliament, "Turkey's Progress towards EU Accession."

    (Doc. A5-0297/2000) Nov. 17, 2000.

    [1]1 Hakobyan, Tatul.

    [1]2 United Nations Development Program. "Towards open, but secure
    borders in the South Caucasus." United Nations

    [1]3 Ministry of Foreign Affairs of the Republic of Armenia. "Protocol
    on the Establishment of Diplomatic Relations Between Republic of
    Armenia and Republic of Turkey." Oct. 10, 2009.

    [1]4 "President Sarkisian Announces Suspension of Protocols." Armenian
    Weekly, April 22, 2010.

    [1]5 "Armenia suspends normalization of ties with Turkey." BBC News,
    April 22, 2010.

    [1]6 "The Nagorno-Karabagh Crisis: A Blueprint for Resolution." Public
    International Law & Policy Group and the New England Center for
    International Law & Policy, pp. 21-24.

    [1]7 ibid.

    [1]8 ibid.

    [1]9 Ismailzad, Fariz, "Azerbaijan's Relations with Minsk Group Hit
    New Low." The Jamestown Foundation, March 26, 2008.

    20 Papian, Ara.

    21 ibid.

    22 Janbazian, Rupen. "Conference on Turkey-Armenia Border Takes Place
    in Ankara." The Armenian Weekly, Nov. 24, 2014.

    23 Kucera, Joshua. "After Azerbaijan Shoots Down Helicopter, How Will
    Armenia Respond?" Eurasianet, Nov. 13, 2014.

    24 "Azerbaijani Organization Condemns Pressure on Turkey to Open
    Borders with Armenia." Trend News Agency, Nov. 24, 2014.

    25 "National Security Strategy." Ministry of Foreign Affairs of the
    Republic of Armenia, Jan. 26, 2007.

    26 Polyakov, Evgeny. "Changing Trade Pattern after Conflict Resolution
    in the South Caucasus." The World Bank. Washington, D.C. 2000.

    http://armenianweekly.com/2014/12/23/land-locked-necessity-open-borders-armenia/

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