MEMORANDUM On Boarders of South Ossetia
The name “South Ossetia” and “North Ossetia” representing the
geographical definition of two parts of Ossetia in the Central Caucasus, has never
expressed its political separation.
Being a part of the
Russian Empire, Ossetia (from 1774) and East Georgia (from 1801) were
subordinated to the empire administration, which was one for all its
territories. In addition, the south part of Ossetia (South Ossetia) became the part
of the province Tiflis, mainly due to absence of
communications across passes between the two parts of Ossetia during the period
of winter, which made its governance difficult from Vladikavkaz.
In 1856, the exarch
of Georgia, Isidor, in his notes “On the Condition of Christianity in Ossetia”, composed for the
Apostolic Synod, indicated that “Governance of Ossetia is divided into three
parts. The largest part of the North Ossetia is subordinated to
the superior of the military-okrug of Vladikavkaz, smaller part – Digorski
Ossetians – to the superior of the center of the line, South Ossetia – to the superior
of the mountain peoples and the okrug Java.” (ČĂČŔ.ô.1268.îď.3 ë.21-36).
Time by time, the
fact of administrative entry of South Ossetia to the province of Tiflis was used by
Georgian leaders as the basis for political claims on its territory. However,
at that time, subordination of all parts of the empire to one law and one
system of administration restrained the process of reunification of Ossetia.
As a result of the
revolutionary upheavals in Russia in 1917, and the
anarchy, which followed this process, the Georgian chauvinistic forces
activated the attempts to annex South Ossetia and make it a part
of the state, which was formed by Georgians from the parts of former Russian
provinces. Territories of those provinces were formed and they acquired
administrative independence only within the empire system, never having been
formed as subjects of the state law before.
Ceaseless attempts
of the Georgian leaders to annex South Ossetia were met with
strong protest of Ossetian people and political organizations of all regions of
South Ossetia with no exclusion. The protests intensified after
1917 and grew into armed revolt in various political centers of South Ossetia – Kornisi (1917).
Tskhinval (1918), Java, Rukh (1920). The basis of this development was the
Declaration of Rights of Peoples of Russia adopted by the Soviet of Peoples’
Commissariats dated November 2(15), 1917, which considered the rights of
peoples of Russia to
self-determination, even to separation and establishment of independent state. This
very declaration of the rights became the basis of the process of unification
of Russian provinces by Georgian Mensheviks, their withdrawal from the
composition of Russia and, in 1918, making a declaration about founding the
state (this very law became the basis for the draft Constitution of South
Ossetian SSR on September 6, 1921, which was forcefully brought to the status
of semi-colonial autonomous republic in 1922.
South Ossetia refused to leave
the composition of Russia and did not
participate in elections in the Georgian Parliament, demanding recognition of
the right to free choice. On May 28, 19290, delegates and authorized heads of
17 committees “of semi-proletarian” South Ossetia confirmed in the “Memorandum
on South Ossetia of CC RCP (B)” “the firm will of South Ossetia”: 1. South
Ossetia is an integral part of Soviet Russia; 2. South Ossetia is a part of
Soviet Russia on the general basis – DIRECTLY
(highlighted in the original); 3. Indirect entry to the Soviet Russia
through Georgian or other republics, even Soviet republic, is absolutely
unacceptable to us, at any event.”
In response to
this, on June 20, 1920, South Ossetia was exposed to
armed aggression on the part of Menshevik leadership of Georgia and as a result of
the most violent genocide the Ossetian population (18 thousand deceased and
more than 50 thousand exiles to North Ossetia) was annexed.
Neither in 1920 nor
before it there was any border between the two parts of Ossetia, i.e. legal border
from the viewpoint of state law, backed by the relevant agreement. The borders
of South Ossetia were first legally formed under the Decree of 1922 within
North Ossetian AO transformed in 1991 into the republic pursuant to will of 72%
of electorate.
Within 1990-1991,
the Supreme Soviet of Georgian SSR denounced all agreements and legislative
acts approved by Georgia during the Soviet
period. As a result of this fact all legal basis of accession of South Ossetia to Georgia backed by the
Constitution of Georgian SSR and USSR were lost, and Georgia lost the right to
interfere into determination of borders between South and North Ossetia.
Abolition of the
Constitution of Georgian SSR, which incorporated the legal guarantees of the
territorial integrity of South Ossetian AO, does not represent the basis for
the abolition of Republic of South Ossetia declared in accordance with the will
of people of South Ossetian AO on the basis of its indefeasible right to
self-determination, which has never been abolished by anybody. Abolition of
South Ossetian AO by the Supreme Soviet of Georgia (elections where 72% of the
population of SOAO who elected the Supreme Soviet of Republic of South Ossetia
was boycotted) and genocide of the Ossetian people represent severe violation
of world-recognized norms of law that guarantee sovereignty and safety of
peoples, national-territorial formations, whose rights being strengthened
everywhere.
At the present
time, the border between South Ossetia and North Ossetia is not legally
formed and there is no legal basis to establish it. Division of Ossetia during the Soviet
period was the result of the geopolitical arbitrariness of Georgia’s leadership
and Georgian (Stalin, Orjonikidze) Bolshevik leadership of the USSR. Furthermore, over
the “mountain ridge”, the originally Ossetian territories of Kazbegi region
went to Georgia, which makes the main argument of Georgia about “naturalness”
of the border between Ossetia and Georgia “by watershed” absolutely unfounded
too.
It was contemplated
under the Agreement of May 7, 1920 concluded between Russia and Georgia to establish a
“special joint border commission” until 1922 for determination and legal
formation of the borders, including across “naro-mamison”, between Russia (North Ossetia) and Georgia (South Ossetia). However, in
1921, Georgia was sovietized and
the “special” agreement on borders did not work. Even in the case of its
signing, he agreement should have incorporate opinions
of representatives of Ossetia as members of the “joint
commission”, as the border was supposed to b established on the territory of Ossetia, which was
inhabited by Ossetians along tens of kilometers on both sides of the Caucasus ridge.
It is well known
that neither Soviet Russia nor the Menshevik Georgia was the subjects of the
international law at the moment of signing the Agreement of May 7, 1920; in other words, they were
not recognized by foreign states. Furthermore, the Agreement of May 1920 which
pretended to have the status of an agreement on mutual recognition between two
independent countries, was not ratified by the parliaments of the signatory
countries, which deprives it of the status of inter-state agreement worked out
in accordance with the recognized norms of the state law, which determined the
fates of the whole nation. It cannot be used as the basis for the political
division of the Ossetian nation on its historical territory.
The legal
groundlessness of the Agreement along with other factors,
is demonstrated in Article XVI which reads:
“The present Agreement
shall become effective upon the very fact and moment of its being signed and
shall not be subject to a special ratification….”
Can “the fact” and
“moment of signing” be regarded as the law, or the expression of the will of
the nations and states?! If besides the due and necessary ratification in such
important cases there is a “special” ratification too, then this, anyhow,
should not be regarded as a violation of elementary legal procedures of serious
relationship between the states.
If we proceed from
the adverse legal logic, them Uratadze and Karakhan, “with their own hands” can
“make in two copies” not only annexation of South Ossetia!..
Just this fact
explains the contradiction between the People’s Commissar of Foreign Affairs,
G. Chicherin, expressing a harsh note of protest to Georgia in May 17, 1920 with regard to its aggression
against South Ossetia, regarding it as “Unjustified interference into
internal affairs of other country”, and his deputy, Karakhan, who, with his own
hand, signed the agreement. Was not the Munich of 1939
“authographic” agreement? Or, is this the argument, which justifies crime?!
Division of Ossetia “across the ridge”
gradually caused not only geographical, but also political division of Ossetia, which was based
on imperial violence. This “border” is legally unfounded, and after abolishment
of the Constitution of USSR and the Constitution of Georgian SSR, it became
absolutely illegal as it did not have legal grounds based on the agreement.
Single citizenship
of USSR and belonging to
single political system within the framework of USSR, excluded the
political division of the Ossetian nation and did not create strong incentive
for movement of Ossetians towards reintegration.
Current joint
efforts of the administration of Russia and Georgia to carry out next division
of Ossetia between each other is done, like during bolshevism, with full
disregard to the historical realities , with severe violations of political and
legal norms, which keeps the Ossetian nation under the conditions of permanent
genocide. Plans for the current division of Ossetia represent a severe form of
repression of the Ossetian nation, its spiritual genocide as it envisages to
division of Ossetians in the structure of two states, which makes north and
south parts of single nation aliens (strangers) to each other (!), which never
was the case throughout the whole history of the Ossetian people, including the
gloomy periods of feudalism and reign of Iranian and Persian Shahs in Georgia
when South Ossetia managed to preserve its independence.
Attempts of the
Georgian administration to carry out political division of the single ethnos
shall be regarded as criminal from any point of view: political, legal and
moral, and represent a genocide of the Ossetian nation done through military
violence, which has been the case since 1989, for the second time after the
genocide of 1920.
The Supreme Soviet of Republic of South
Ossetia recognizes integrity and indivisibility of the borders of Republic of South Ossetia within the borders
of South Ossetian AO.
The Supreme Soviet
of Republic of South Ossetia once again confirms that there have been no
borders between north and south parts of Ossetia during the whole
history of the Ossetian nation beyond the Constitution of USSR and the
Constitution of Georgian SSR. After the collapse of USSR and abolishment of
the Constitution of USSR, all legal and contractual basis
for existence of the border between North and South Ossetia were eliminated.
Establishment of
these borders shall not be henceforward admitted without the participation of
organs of state authorities of Republic of South Ossetia and North Ossetian
SSR.
Adopted at the
session of Supreme Soviet of Republic Of South
Ossetia.
August 31, 1992
(Newspaper “Youzhnaia Ossetia”, # 86, 3 October
1992)