Resolution paragraphs fully justified in terms of domestic and foreign legitimacy

11/28/17 15:47

Resolution paragraphs fully justified in terms of domestic and foreign legitimacy

Such was the assessment by Pridnestrovian historians and political scientists of the expert opinion of a group of Russian international lawyers

As our news agency has already informed, the international roundtable conference "The political and legal grounds for international recognition of Pridnestrovie's independence" was held on 21 November in Moscow. The final resolution, addressed among others to the UN Secretariat, the foreign ministries of Russia, Ukraine and Moldova, was based on the advisory opinion of Russian international law experts. The resolution justifies the PMR's right to international recognition both in terms of the present-day situation and based on the historical development of Moldova and Pridnestrovie and the norms of international law.

The Russian experts have expressed their opinion. We have decided to learn the opinion of Pridnestrovian historians and political experts on the same subject.

"The paragraphs of the resolution are fully justified both in terms of the domestic and external legitimacy of the PMR. The latter consists in the fact that Pridnestrovie has been established by people's will, and all its bodies of power have been formed in accordance with the law and universally recognised international standards, which is testified by referendums, national and local elections. As far as external legitimacy is concerned, Pridnestrovie has participated in negotiations since 1994 as an officially recognised party to the conflict. This is the key aspect of international legal personality. This allows Pridnestrovie to develop bilateral contacts as well," "former foreign minister Vladimir Yastrebchak believes.

Pridnestrovians have long recognised their country, sociologist Yelena Bobkova, PhD, said. Commenting on what Vladimir Yastrebchak called "domestic legitimacy, she noted:"Recognition is one of the main issues of concern to Pridnestrovians. We do recognise ourselves. We have all the necessary democratic institutions: elections, local government. Of course, the external factor is important to us. And the most important thing is that the parties to the conflict do not contact here with assault rifles, as we have seen in South Ossetia and Abkhazia, but rather at the negotiating table."

Of all the counter-arguments offered by our opponents the one that "Pridnestrovie was part of Moldova" is deemed the most substantial by them. "It is not so because by the time of the USSR's collapse the Republic of Moldova had not been part of it. Moldova had proclaimed its sovereignty back in 1990, while the PMSSR had retained its legal personality within the Soviet Union, taking part in an all-Union referendum of the country's preservation, as well as in other national procedures. Therefore, it seems to me, all the conclusions and paragraphs of the resolution correspond to the realities and the present-day situation," said Yasgtrebchak.

In addition to recognising the illegality of the MSSR's establishment on 23 June 1990, the Moldovan parliament proclaimed the country's sovereignty. Thus, 27 years ago Moldovan legislators recognised themselves the right to self-determination for the territories that had formed the PMSSR, which prior to the establishment of the MSSR in 19940 were part of the Moldavian Autonomous SSR.  

It is not the first document to say that the PMR has the right to self-determination. Supreme Council member Andrey Safonov recalled on the First Pridnestrovian TV channel that a similar conclusion had been made in 2006 by a group of international experts. He also recalled another document — the 1993 report by the OSCE Mission to Moldova saying that Pridnestrovie has grounds for legal personality. According to Safonov, the round table's resolution sounds even clearer. 

"This resolution is more systemic. It maintains that Pridnestrovie's right to independence is supported by the factors listed. Back then they were, what they call, scattered. This document clearly refers to the Pridnestrovian right to independence, to the fact that Pridnestrovie can and must be independent," said Savonov.

This point of view is also espoused by former deputy foreign minister Sergey Simonenko.

"Before that, we used to offer historical and legal arguments. Now we have divided historical and legal arguments, though they go parallel. The legal part has been supplemented and become more capacious and consistent. Based on it, both our and Russian authorities will be able to build shape their former policy," noted the former diplomat.

He added: "What is important to us is that this event took place in Russia and that this opinion has been given by Russian experts... This is a legal document in Russia, which can be used by the Russian authorities. This is also a moral support for us, indicating that Russia remembers us and cares about us."

Andrey Safonov noted, in turn, that this resolution should be followed by other steps on the part of Russia in the same direction.

"I think it is the first link in the chain of a series of steps: political, diplomatic, legal. The basis for such steps is the fact that there has been a clear division between the political guidelines of Kishinev and Tiraspol. Since the official Kishinev declares association and the free trade area with the EU, Pridnestrovie has intensified its contacts with Russia this year, Consequently, Russia will have to cooperate with Pridnestrovie which has marked relations with Russia as priorities and, secondly, declares its desire to join the Eurasian economic project and retain Russian troops on its territory. Of course, no other country, besides independent Pridnestrovie, is going to offer such an option to Russia. This is the basis for the development of bilateral relations, which I'm sure will be given a new impetus in 2018."

Speaking about differences in the foreign policies of Moldova and Pridnestrovie, Sergey Simonenko recalled that the following year would mark 100 years of Romania's occupation of Bessarabia. "The following year will be a year of trial for Moldova: the 100th anniversary of Romania's annexation of Bessarabia. The pro-European forces are likely to prepare a whole range of activities that would be nearly aimed at returning to Romania," said Simonenko.

With regard to the fact that the resolution will be submitted to the UN Secretariat, all Pridnestrovian experts our journalist talked to noted the importance of this step.

"We need to talk about it all the time; we need to keep it up, constantly stating that we are fighting for our independence. This is a really newsworthy event. This document will have to be considered; and its points, taken into account. We also need to invent new ways to attract attention. It is important that not only Russian lawyers but also foreign experts should be incited to take part in this process, so that our position will become known there as well. Systemic work should be carried out," said the director of the Institute for Socio-Political Research and Regional Development, Igor Shornikov.

Vladimir Yastrebchak noted in this regard: "As for the UN, it may become a new venue for Pridnestrovie to defend its interests more actively and efficiently. As regards the submission of the resolution to Moldova and Ukraine, they have an established point of view, but it will nevertheless be useful for our colleagues to learn the opinion of the Russian legal community, which has considered this issue in an unbiased manner."

He underscored, in the meantime: "The UN should not be perceived as a coherent organisation. It has a multidivisional structure, with both advisory and deliberative bodies, a number of councils and commissions. Let us hope this will yield results, and Pridnestrovie will use this venue to work and put forth its position."

 

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