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Reintegration

A solution for the Transnistrian conflict: an exchange of territories between Ukraine and Moldova/ANALYSIS

Reading Time: 5 minutes One of the possible solutions, of course with the accept of Ukraine.

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The origin of the Transnistrian conflict, which turned into a war in 1992, is within the border marked in 1940, as a result of which the Southern and Northern Bessarabia (also Hertsa district, and North Bukovina Moldovan-Romanian villages from the districts Storojinets and Adâncata – that for centuries belonged to the Principality of Moldova) were granted by the leadership from Moscow to Ukraine, and Moldova in return was given a strip on the left bank of the Dniester river. It is true that on the territory, across the Dniester, have been and are more villages inhabited by Moldovans, but after the exchange of territories, in composition of the SSMR entered also localities inhabited by Ukrainian population, as beyond the Moldovan – Ukrainian border, on the left bank of Dniester, remained Moldovan villages: Handrabura, Dolinskoe (Valea Hotsului), Tocileva etc. in Odesa region. A correction of borders at this stage, between Ukraine and the Republic of Moldova, after which most of the localities populated by Moldovans over the Dniester (the so-called Nistrian Moldovan Republic) would return under the jurisdiction of Chisinau, and those inhabited by Ukrainians, as well as the localities where ethnic Russians are numerous, but which are oriented (geographically and economically turned) mostly to Odessa (as the town of Tiraspol) would be returned to Ukraine, and in exchange of this territory, Ukraine would return the area with exactly the same size of land with localities inhabited by population identifying themselves as Moldovans (the districts Noua Suliţă, Reni) or Romanians (districts of Herţa, Adâncata and Storojinets) would be a sustainable solution. Following the implementation of this idea, there would disappear the state of uncertainty and tension of the Gagauz autonomy, whose leaders have declared repeatedly that they expect the federalization of the RM and acceptance of the autonomous territorial unit as an entity in the new Moldovan state formula.

There are several precedents in the history of international law, which allow us to say that this scenario is feasible. Besides the recent exchange (1999) of territories between the RM and Ukraine (Giurgiulești – Palanca), there are cases known after the World War I, when Romania exchanged territories with Czechoslovakia (in the Maramuresh region) and with the Kingdom of Serbs, Croats and Slovenes (in the Banat region).

Regarding the establishment of the Romanian-Czechoslovak border, “on April 1, 1920 by approaches sent to the Ministry of Foreign Affairs and to the Ministry of War, Czechoslovakia’s representative in Romania renewed on behalf of the government the request for evacuation of Romanian troops from the northern territory of the Tisza, informing at the same time Romania about the availability of the Czechoslovak Ministry of Foreign Affairs to negotiate with the Romanian State the border rectification that would be established by a Czechoslovak-Romanian Joint Committee. Therefore, the Czechoslovak Legation in Romania was informed on April 18, 1920 by the Romanian government’s decision to withdraw the troops, the Minister Cernak being asked to communicate the name of the Czechoslovak military delegate responsibility to regulate with the Great Romanian General Headquarters the issues relating to withdrawal of Romanian troops. This way entered into force the provisions of the Peace Treaty with Austria providing that the Ruthenians autonomous territory of Sub Carpathian area to be incorporated into Czechoslovakia, Romania consented to provisions that by signing it. On the other hand, there was emphasize the availability of the Romanian state to start negotiations with the Czechoslovak state aimed at obtaining a better borders for Romania, interested to integrate the territories from the south of the Tisza in the process of unification of the entire national territory, the fact which under the respective geographical conditions required the obtaining of access ways to the territories. By signing the Treaty of Trianon (June 4, 1920) it was reconfirmed on the international level the appurtenance of Maramuresh from the north of the Tisza to Czechoslovakia“.

During the World War I, Serbia and Romania (created in 1859 through the unification between Moldova and Wallachia) have agreed to share the historical Banat, in the event of victory over Germany and Austria-Hungary, on the principle of one third for Serbia and two thirds of Romania (with exchange of minorities between the two countries). The border that cut Banat in two parts was drawn at the end of 1918 by an international commission chaired by French geographer Emmanuel de Martonne and confirmed by the Treaty of Trianon in 1920, leaving a small part of Banat to Hungary (near the city of Szeged), one third to the Kingdom of Yugoslavia and two thirds to Romania. On November 24, 1923, Romania and Serbia signed at Belgrade a protocol for a rectification of the border. Romania gave to Yugoslavia villages Meda (Međa, Párdány) Modos (Jaša Tomic) Surian (Surján) Captalan (Busenje) Crivobara (Markovićevo) and Gaiu Mare (Veliki Gaj, Nagy Gaj), while the Kingdom of Yugoslavia gave to Romania the villages Beba Veche (Stara Beba, Óbéba) Cherestur (Krstur, Pusztakeresztúr) Ciortea (Csorda) and Iam (Jam), and the city Jimbolia (Žombolj, Zsombolya). The effective rectification took place on April 10, 1924.

It is worth mentioning that now there are more cases of regions populated by ethnic minorities, where the solution of an exchange of territories can not be applied. For example, South Tyrol region, with Austrian-German population, located in Italy, can not be returned to Austria because that country can not offer in exchange a region of the same area, populated by Italians, in Austria. Aland Islands inhabited by Swedes in Finland, can not be exchanged with an area of he same size, populated by Finns, in Sweden.

So in conclusion can be said:

1. A fair exchange of territories between Ukraine and Moldova – for repair, even partial, of the crime committed by the Moscow occupation in 1940 against Ukrainian and Moldovan people – is in the spirit of European international practice and can lead to the final settlement of the conflict in the Nistrian region of the RM. Also,

2. It is necessary to recognize internationally the status of Russian occupation area of Nistria, as after World War II Germany was divided into four occupation areas recognized internationally: American, British, French and Russian. The four areas were abolished by the withdrawal of administration and military forces of the four victorious states in the World War II. Nistrian region of Moldova is a remnant of the military occupation of Russia, established in 1940, respectively 1944, where Moscow maintains military troops and a regime of occupation (an administration, border control authorities, which has been imposed arbitrarily, with the free part of Moldova. There arrive new and new people from Russia, to work in these institutions, as the local population is unable to cope with a large number of border posts, customs, immigration service employees, militia men, military men, security service employees, etc.). Also, students of Russian schools which train specialists for special services in that country perform their practice in the Russian occupation area from the territory of the RM.

3. On its European path RM should not depend on the unsolved Nistrian conflict. The Eastern real border should be secured in such way not to challenge the RM adherence to the EU. Whatever we call the regime from Tiraspol – occupation or (neo) colonial – the fact is that Russia should participate in negotiations as a part of the conflict and not as a mediator – as it is today. Because of the confusion regarding the essence and the protagonists of the conflict, it was possible the admission of negotiations format that does not match the reality on the field, and which impedes the conflict resolution. Of course, the negotiations are necessary to find a solution. But the 5+2 format (Moldova and Nistria – parties to the conflict, Russia, Ukraine and OSCE – mediators, EU and U.S. – observers) do not correspond to reality on the field. Since it is part of the conflict, recognized by a decision of European Court for Human Rights Defending, Russia can not be a mediator and the more, it can not be a guarantor of the conflict resolution.
 

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Politics

Promo-LEX about Maia Sandu’s UN speech: The president must insist on appointing a rapporteur to monitor the situation of human rights in Transnistria

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The President of the Republic of Moldova, Maia Sandu, pays an official visit to New York, USA, between September 21-22. There, she participates in the work of the United Nations General Assembly. According to a press release of the President’s Office, the official will deliver a speech at the tribune of the United Nations.

In this context, the Promo-LEX Association suggested the president to request the appointment of a special rapporteur in order to monitor the situation of human rights in the Transnistrian region. According to Promo-LEX, the responsibility for human rights violations in the Transnistrian region arises as a result of the Russian Federation’s military, economic and political control over the Tiraspol regime.

“We consider it imperative to insist on the observance of the international commitments assumed by the Russian Federation regarding the withdrawal of the armed forces and ammunition from the territory of the country,” the representatives of Promo-LEX stated. They consider the speech before the UN an opportunity “to demand the observance of the Universal Declaration of Human Rights by the Russian Federation with reference to this territory which is in its full control.”

“It is important to remember about the numerous cases of murder, torture, ill-treatment, forced enlistment in illegal military structures, the application of pseudo-justice in the Transnistrian region, all carried out under the tacit agreement of the Russian Federation. These findings stem from dozens of rulings and decisions issued by the European Court of Human Rights, which found that Russia is responsible for human rights violations in the region.”

The association representatives expressed their hope that the president of the country would give priority to issues related to the human rights situation in the Transnistrian region and would call on relevant international actors to contribute to guaranteeing fundamental human rights and freedoms throughout Moldova.

They asked Maia Sandu to insist on the observance of the obligation to evacuate the ammunition and the military units of the Russian Federation from the territory of the Republic of Moldova, to publicly support the need for the Russian Federation to implement the ECtHR rulings on human rights violations in the Transnistrian region, and to request the appointment of an UN Human Rights Council special rapporteur  to monitor the human rights situation in the Transnistrian region of the Republic of Moldova.

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The Promo-LEX Association concluded that 14 out of 25 actions planned within the National Action Plan for the years 2018–2022 concerning respecting human rights in Transnistria were not carried out by the responsible authorities.

The association expressed its concern and mentioned that there are a large number of delays in the planned results. “There is a lack of communication and coordination between the designated institutions, which do not yet have a common vision of interaction for the implementation of the plan.”

Promo-LEX requested the Government of the Republic of Moldova to re-assess the reported activities and to take urgent measures, “which would exclude superficial implementation of future activities and increase the level of accountability of the authorities.”

Photo: peacekeeping.un.org

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Elections

Russia’s legislative elections: Why are there 27 polling stations in Transnistria?

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Legislative elections are currently being held in Russia between September 17-19, as 450 new members in the State Duma need to be elected.

The Central Election Commission (CEC) of the Russian Federation decided to open a record number of polling stations in the Transnistrian region – 27 polling stations, in addition to only 3 polling station opened on the right bank of the Dniester in such big cities as Chisinau, Comrat and Balti.

That is the largest number of polling stations opened by the Russian CEC in a foreign country, and five polling stations more than in the 2016 elections. Two of the polling stations were established in Tiraspol, being open from Friday to Sunday. The rest of the Russian polling stations on the Transnistrian territory are opened on Sunday only. The most astonishing fact is that no state other than Russia has ever opened polling stations in the separatist region of the Republic of Moldova. Actually, no polling stations are being opened on the Transnistrian territory when it comes to national elections of the Republic of Moldova either.

Therefore, one could say that the stakes are high when it comes to Transnistrian voters, especially since, most likely, the hopes of Russian authorities are not necessarily based on a large turnout and their real support, rather on the real possibility of electoral fraud on a territory that is not controlled by the constitutional authorities in Chisinau.

Before the presidential elections in 2018, Russian authorities announced that there are 220 thousand Russian citizens living in the Transnistrian region. That time, 24 polling stations were opened in the separatist area. Despite the fact that the Tiraspol Electoral Commission announced that, in the last year and a half alone, the voter turnout has officially fallen in the region by more than 7 700 people, the Russian CEC still decided to establish a record number of polling stations this year, which strengthened the argument about the possibility of election fraud.

Both Tiraspol’s administration and the regional media campaigned for the ruling political party United Russia and called for a high turnout at polling stations. Transnistria’s leader, Vadim Krasnoselski, urged the people on the left bank of the Dniester to come to the polls “because despite all the difficulties, Russia does not forget Transnistria and helps it as much as possible.”

It seems that the campaigning, along with the Russian sponsorship in the region, show great results during every election ballot, as Russian citizens voting in Russian elections in Transnistria are a more active electorate than Moldovan citizens residing in Transnistria and voting in the Moldovan elections at the polling stations arranged on the other bank of the Dniester, especially for them. In the previous Russia’s legislative elections, 56 thousand people voted in Transnistria, while just under 29 thousand inhabitants of the Transnistrian region voted in the recent Moldova’s parliamentary elections.

Before every election ballot held in the Russian Federation, Moldovan authorities make statements, suggesting the Russian side to abstain from opening polling stations in Transnistria, whereas Russian authorities ignore them every time.

This year, the Ministry of Foreign Affairs and European Integration of the Republic of Moldova also sent a note of protest against opening the polling stations in Transnistria. “The Ministry of Foreign Affairs and European Integration regrets that, despite the position consistently expressed by the Moldovan authorities, the Russian side acted in a manner that does not correspond to the principle of sovereignty and territorial integrity of the Republic of Moldova and the bilateral legal framework.”

The Ministry representatives noted that Russian authorities were informed of the lack of impediments to open polling stations in localities under the control of Moldova’s constitutional authorities and requested the Russian side to refrain from opening the 27 polling stations in the localities of the breakaway region, given the impossibility of ensuring the necessary security conditions for the current elections.

Moscow’s Central Election Commission also opened nine polling stations in Abkhazia and ten in South Ossetia – two disputed territories that were internationally recognised by Russia and a few more countries, while considered under military occupation, according to the Georgian Government. These lands, that are under the exclusive control of Russia, offer good opportunities to ‘correct’ any uncomfortable results obtained in the country, where the ruling political party no longer enjoys as much support as it wants to appear.

Photo: wjct.org

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Education

Romanian language schools in the Transnistrian region – a delayed and unresolved problem

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Education institutions in the Transnistrian region resumed their activities on September 1, just as the schools throughout the entire territory of the Republic of Moldova. Once a new academic year began, the old and postponed for 30 years problems of the region came to light again.

There are 8 schools with teaching in Romanian on the Transnistrian territory (5 high schools, 2 secondary schools and a boarding school) that have been persecuted, limited and discriminated since the 90s, when Romanian was declared the official language of the independent Republic of Moldova. Nowadays, the education institutions “face numerous pressures and intimidations from the Tiraspol administration,” Promo-LEX Association alerted.

Such issues as lack of own buildings, the existing ones being not adapted to the education process, the risk of students’ enlisting in the region’s army, and challenges to ensure the free movement of persons and goods are some of the main problems encountered by the Transnistrian schools that teach in Romanian.

Administration of such schools told about the challenges with fighting for the rented space at the beginning of every academic year. Even though buildings get prepared for the education process, rents are paid from the Moldovan Government budget, being ready to receive students in time, Tiraspol authorities still create artificial troubles that put the schools’ activity on hold. For example, a compulsory registration on a Transnistrian online platform is required – an operation that would allow the institutions from Transnistria to bring goods from the right bank of the Dniester or refuel the school buses at gas station located outside the region.

“We are like an exchange currency,” claimed Raisa Padureanu, Deputy Director of Education at “Lucian Blaga” High School in Tiraspol, referring to every conflict situation between Chisinau and Tiraspol. The education institution operates using the study programs developed by the Ministry of Education in Chisinau in order to facilitate the diplomasacknowledgement by the Moldovan authorities. That, on the other hand, complicates the registration process on Transnistrian platforms.

This September, the Transnistrian militia supervised the gatherings on the occasion of celebrating the beginning of the academic year at 2 schools. Moreover, one case of prohibiting to sing the anthem of the Republic of Moldova and to hoist the state flag was registered.

Some students have to go long distances in order to arrive at school, busses not being provided. Promo-LEX Association reported the problem as violation of the right to free movement and education of children on the left bank of the Dniester.

In such cases, the Bureau for Reintegration Policies and the OSCE representatives are contacted for help, informing the mediators and observers of the 5 + 2 negotiation format as well. Officials’ intervention unlocks the educational process for the moment. The issue remains unsolved in the long rung though, as Tiraspol authorities insist on imposing their own rules, remaining a separate region with a unsettled status.

See also: Good laws, bad implementation? What stands in the way of vaccinating education system employees?

Photo: moldova.org

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