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Sovereignty, status and the humanitarian perspective

Arguments for and against independence should be judged pragmatically, against a criterion of safety and end to violence. This humanitarian perspective releases us from the dilemmas of sovereignty and status-based approaches, argues Mary Kaldor.

I first visited South Ossetia in the summer of 1995, just as the end-game in Bosnia-Herzegovina was being played out. I was ushered in to meet the so-called foreign minister of the enclave and, to my surprise, a large portrait of Radovan Karadzic was prominently displayed on the wall. When I asked him about it, he said that the portrait had been presented to him by the Bosnian Serb delegation at a meeting of Eastern Christians and that he greatly admired the Bosnian Serb independent stance.

Mary Kaldor is professor of global governance at the London School of Economics (LSE), and convenor of the human-security study group that reports to the European Union's foreign-policy chief Javier Solana

Among Mary Kaldor's many articles in openDemocracy:
"Safe democracy" (23 December 2004)

"America's Iraq plight: old and new thinking" (13 February 2007)

"Palestine's human insecurity: a Gaza report" (20 May 2007) - with Mient Jan Faber

The story is revealing because it shows that the Balkan parallel with Ossetia (and Abkhazia) is not Kosovo but Republika Srbska. These two break away statelets were created with Russian support during the break-up of the Soviet Union - probably as a way of maintaining control over the South Caucasus, which Russian traditionalists regard as their backyard. At that time, of course, the Russian state was not unified and so whether this was deliberate policy or part of the jockeying for power among sections of the military, remnants of the KGB, or Russian mafia who want to control Black Sea tourism will never be known.

Like Yugoslavia, the Soviet Union was divided into a hierarchy of administrative units, based on what were known as titular nationalities. South Ossetia and Abkhazia were autonomous provinces within Georgia. In such units, those who belonged to the titular nationality (in this case Ossetian and Abkhaz) were given privileged positions within the administration, which they were loath to lose, with the introduction of elections. When fighting broke out in 1991-2 and 1992-3 (largely started by Georgia but won by the Ossetians and the Abkhaz with Russian military help mainly in the form of North Caucasian irregular fighters) the majority of the population (largely Georgian) was expelled. Even before this latest war, there were still well over two hundred thousand of displaced personsliving in Georgia in tragic conditions. A further 130,000 have been added in August. Cease-fires were brokered by the OSCE (The Organisation for Security and Cooperation in Europe, established as a result of the Helsinki Agreement of 1975). Russian peace-keepers were supposed to maintain the ceasefires (along with Georgians and Ossetians in the case of South Ossetia). Both enclaves are isolated, under populated and characterised by fear, lawlessness and poverty, which exacerbate a combination of ethnic polarisation and criminality.

The debate about the future of South Ossetia (and Abkhazia) is rarely framed in human terms. Rather it is framed in terms of status issues and geo-politics. The argument is presented as an argument about national self-determination versus territorial integrity. Expressed in these terms, it is not possible to be for the independence of Kosovoand against the independence of Republika Srpska. If you accept the principleof national self-determination, then you favour independence for both and if you are concerned that the creation of new mini-statelets will represent a dangerous precedent for minorities in other states then you are for territorial integrity.


Among openDemocracy's articles on Georgian politics and the region, including the war of August 2008:

Robert Parsons, "Mikheil Saakashvili's bittervictory" (11 January 2008),

Jonathan Wheatley, "Georgia's democratic stalemate" (14 April 2008),

Robert Parsons, "Georgia, Abkhazia, Russia: thewar option"(13 May 2008),

Thomasde Waal, "The Russia-Georgia tinderbox" (16 May 2008),

AlexanderRondeli, "Georgia's search for itself" (8July 2008),

Thomas de Waal, "South Ossetia: the avoidabletragedy" (11 August 2008),

Ghia Nodia, "The war for Georgia: Russia, thewest, the future"(12 August 2008),

Donald Rayfield, "The Georgia-Russia conflict: lostterritory, found nation"(13 August 2008),

Neal Ascherson, "After the war: recognisingreality in Abkhazia and Georgia" (15 August 2008),

George Hewitt, "Abkhazia and South Ossetia:heart of conflict, key to solution" (18 August 2008),

Ivan Krastev, "Russia and the Georgia war: thegreat-power trap" (19August 2008).

Fred Halliday, "The miscalculation of small nations"
Plus: openDemocracy's Russia section reports, debates and blogs the Georgia war.

If, however, the debate is framed in humanitarian terms, then it is possible to arrive at different answers in different situations. My position on Northern Ireland was that I did not mind whether Northern Ireland was part of Ireland, part of Britain or part of Timbuctoo as long as Catholics and Protestants could live alongside each other in their own homes. That was also my positionon the former Yugoslavia. I did not mind whether Yugoslavia remained one state or became six states (the six republics) or eight states (the six republics plus two autonomous provinces) as long as individuals could live in their communities without fear of violence. In other words the solution to the question of status should be pragmatic rather than principled -- the principle is about human rights not status. Thus I favour independence of Kosovo because there are good reasons to fear for the human rights of Kosovo Albanians, based on past experience, should the province be returned to Serbia, although at the same time I favour an international presence to guarantee the human rights of the Kosovo Serb minority. I am against the independence of Republika Srbska or its annexation by Serbia because there are good reasons to suppose that the return of Muslim and Croat refugees and displaced persons (who represented the majority of the population before the war) would be even more difficult. I would agree to the independence of South Ossetia and Abkhazia provided all the displaced persons could return and receive compensation, and provided an international presence (not Russia) could guarantee human rights. And of course there are other possible permutations that could be acceptable, provided they were reached through agreement among all the relevant parties.

The difference between a humanitarian approach and a status approach is mirrored in the different security approaches of the EU and the OSCE, on the one hand, and NATO, on the other. The EU was founded as a security organisation; the aim was to prevent another war on European soil and the method was economic and social integration. The EU's securityapproach largely consists in exporting this method - although the European Security and Defence Policy also includes diplomacy and peace-keeping as well as what is known as civilian crisis management. The OSCE reflects the three approaches, or `baskets' of the Helsinki Final Act -- the peaceful settlement of borders; economic, social and cultural cooperation; and respect for human rights. In contrast, NATO is based on a much more traditional geo-political approach where security largely consists of the military defence of territory - even if NATO is adopting new roles in places like the Balkans and Afghanistan. At the end of the Cold War, many hoped that the OSCE would replace both NATO and the Warsaw Pact. Instead, the Warsaw Pact was dissolved and NATO expanded eastwards. While the OSCE was established as an organisation, its role has been marginalised by both NATO and the EU. The expansion of NATO has meant moving what is seen as the Western border eastward, implicitly up till now against Russia, and the rebuilding of the military forces of the new members.

Within the framework of the EU and the OSCE security approaches, the solution to the 'frozen conflicts' of the Balkans and the South Caucasus has to do with dialogue (involving all the parties to the conflict including displaced persons), economic and social assistance to help normalise everyday life, and human rights monitoring and, theoretically, enforcement (though this has been very weak). This approach, which seeks to minimise violence of all kinds, is necessarily slow and messy.But it is thwarted by a geo-politics in which the breakaway statelets are viewed as pawnsin a big power game. Thus the independence of Kosovo is supported by the West and opposed by Russia, while the opposite is the case for Abkhazia and South Ossetia.

In the South Caucasus, the geo-political approach is dominant. The presence of OSCE and the EU are ineffective, largely because of the geo-political competition for control over the supply and transportation of oil. Russian traditionalists argue that they need to control the Caucasus in order to retain control over the oil, while American neo-conservatives, led by Vice-President Dick Cheney, argue that access to oil in the Caucasus and Central Asia is critical in order to reduce reliance on the Middle East. Both sides seem to believe that influence over the states of the region is the way to ensure control of oil supplies.The key factor in this respect is the Baku-Tbilisi-Ceyhan (BTC) pipeline built by BP under American pressure to transport Azeri oil to the West. An uneconomic route was chosen (actually the high price of oil now makes it more economic) in order to avoid both Russia and Iranthat passes through Georgian territory. The enthusiasm of Georgia for joining NATO has to be understood in the context of this geo-political competition. The use of force by Georgia to take back South Ossetia and the exaggerated response by Russia also have to be understood in terms of traditional military and territorial thinking, even though, interestingly, both sides tried to present what they were doing in humanitarian terms.

In a globalised world, where instability is largely a consequence of weak states, religious and national extremism or transnational crime, the geo-political approachis much less effective than in earlier times (as argued hereby Ivan Krastev). The use of conventional military force brings not control but instability as the Americans have painfully discovered in Iraq and Afghanistan. If the aim of the war in Iraq really was control over oil supplies, as Alan Greenspan assumed, it was not very successful as oil production is only now beginning to creep back up to pre-war levels. The same is true of the recent military adventures in the South Caucasus. Indeed the BTC pipeline had to be closed when the conflict broke out.

On that first visit of mine to South Ossetia, the so-called foreign minister explained that he did not have much time because he had to go to the wedding of a relative. Would we like to join him, he asked. The wedding was a raucous street party with delicious food, like everywhere in the region. (I still have the recipe for aubergine in a walnut sauce that I tasted there -- reproduced here). As the bride and groom departed in a revved up grand old Lada, the young men used their guns to shoot out every single street lamp. The result of Russia's (and Georgia's) August military adventures is more displaced persons, more destroyed homes, more criminality and more fear. The street lamps in South Ossetia and parts of Georgia will not be restored for a long time.

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This article is published by Mary Kaldor, , and openDemocracy.net under a Creative Commons licence. You may republish it free of charge with attribution for non-commercial purposes following these guidelines. If you teach at a university we ask that your department make a donation. Commercial media must contact us for permission and fees. Some articles on this site are published under different terms.

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opendemocracy said:



Tue, 2008-08-26 15:59

Walnut Sauce Ossetian style

Ingredients
1 cup of shelled walnuts finely chopped
1/2 cup of fresh coriander chopped
(Or 1/2 tsp of crushed coriander seeds)
1-2 cloves of garlic crushed
1 1/2 tbsp of wine vinegar to taste
4 1/2 tbsp of water (proportion of water to vinegar should be 3 to 1)
salt and chilli pepper

Mix well together. If necessary, add more water and vinegar to get the right consistency
Pour over grilled thinly sliced aubergines.

GP Zeestraten (not verified) said:



Thu, 2008-08-28 09:53

While the humanitarian approach at first sight might seem a sensible approach, there is one important aspect that Kaldor conventiently overlooks; the fact that the question of who is a minority in which state is a completely arbitrary issue. While she argues in her example of Kosovo that an international presence is needed to guarentee Kosovo Serb rights in Kosovo, why could it not be that an international presence is used to secure Kosovo Albanian rights in Serbia, or even more extreme, to protect Kosovo Albanian rights in a hypothetical micro-state that the Kosovo Serbs establish because they fear for their safety in Kosovo. It all comes down to the choice one makes on who is justified in having an own state and who is not, a choice that is arbitrary, which ever criteria you use. Hiding behind a principled stance of 'humanitarianism' is just a way of making that choice that is in no way better than one based on geopolitics. In the end it comes down to Sir Ivor Jennings' classical statement on the right to self-determination; "On the surface it seemed reasonable: let the people decide. It was in fact ridiculous because the people cannot decide until someone decides who are the people". The idea that Kosovo Albanians are justified in having an own state is based on the choice of the West to allow it have one, just as the Abchaz and Ossetian people are judged by the West to not deserve one. This is an arbitrary choice in which arguments are essentially political, even if framed in terms of concern for human rights or other morally enlightened values. The choice is based on numerous interests of numerous states, which are impossible to be objectively judged to be 'right' or 'wrong'. That is just what politics is, and humanitarianism is just one of the arguments, not a decisive answer to the issues of sovereignty and independence.

opendemocracy said:



Thu, 2008-08-28 10:22

GP Zeestraten - This is very clearly and well put. However, MK's position, it seems to me, can be applied at every level -- so the position can be ``It doesn't matter who has the trappings of statehood or quasi-statehood, as long as these human rights are observed". So the position is not incoherent, in the way that the very neat Jenning's formulation suggests, because the argument is that any decision as to "who are the people" will do as long as these other conditions are satisfied.

Tony

GP Zeestraten (not verified) said:



Thu, 2008-08-28 14:01

Tony - while you are right in saying that MK seems to argue that "it doesn't matter who has the trappings of statehood or quasi-statehood, as long as these human rights are observed", the point I wanted to make is that this is unsatisfactory because it does not help us in finding an answer to the question that has to be addressed, that of sovereignty and self-determination. In MK's cosmopolitan view these issues have to be made subservient to human rights, and that can of course a legitimate opinion, but it does not detract from the fact that these issues still confront us in the world today. The observance of human rights norms does not provide a solution to the question of Abchaz or Ossetian independence, because all options remain open. Even if Georgia, Russia, South Ossetia and Abchazia would all respect human rights, it does not help is in the political decision which solution to the problem at hand should be chosen. The political problem does not go away if we just say that it isn't there. Someone still has to choose, and the answer that 'anything goes as long as human rights are respected', is political untenable. What should we do if Georgia, South Ossetia and Abchazia all respect the human rights of their minority? Should South Ossetia and Abchazia remain Georgian, because Georgia respects the Ossetian and Abchaz minorities' human rights, or should they be independent because they observe the Georgian minority rights? As such, the humanitarian approach therefore does not solve the problem of recognizing one state and not recognizing another.

opendemocracy said:



Fri, 2008-08-29 05:35

I agree, GP. The political problem of "whose sovereignty?" does not go away.

The cosmopolitan humanitarian would be saying (and acting) in the situation of conflict: "This sovereignty configuration is OK because we can see minority rights being protected; this one is not because they are unlikely to be". If, as a relative outsider to a local conflict, you can have some influence, it seems to me that the position of humanitarian cosmopolitanism is attractive precisely in that it is not very prescriptive, and therefore leaves open many possible configurations. If you are within a conflict, the criteria MK argues for seem to me to be very good grounds for rejecting a configuration, even if they do not provide sufficient grounds for accepting one.

Tony

kolya gelsin said:



Sat, 2008-08-30 11:37

 

Mary Kaldor's article seems to me to provide an excellent, alternative way of looking at the question of nationalism, states and statelets. There are perhaps 2 ways I can imagine of sidestepping the problem of every-fragmenting peoples (not only divided by ethnicity - whatever that is - but also religion and other identifiers).

One is the EU. I live in Turkey and am an ardent supporter of Turkey's accession to the EU. The member states of the EU have all managed to avoid wars between themselves and none look likely. If Scotland secedes from the UK, not a great deal changes; it's essentially an administrative matter and it would be integral to such a secession that the minority rights of the English in Scotland would be respected and vice versa. The same has to apply if Belgium divorces. I would be happy to see all the smaller states of the Caucasus being given the option of joining the EU should they wish to and should they comply with the rules of the Union. And thus solutions to the status of the statelets becomes easier to imagine. If the South Ossetians do not wish to part of Georgia then no-one can or should force them to be. But they might find the alternative of being part of the EU more attractive that isolated independence or joining the Russian Federation. At least they would have that as an option - and of course the minority rights of Georgians in South Ossetia (and vice versa) would be integral to any such accession.

The other is co-sovereignty. Why on Earth does a territory (large or small), with which a more than one people identify, have to have nation statehood as its dream, inevitably at the expense of minorities (or the previous majority which becomes a minority in the newly formed independent fragment). Why not imagine pooled sovereignty both as a kind of meta principle as in the EU but also in more local forms as a pragmatic solution to territories which different people have shared for generations. Northern Ireland could be both British and Irish at the same time. Perhaps Turkey could allow Armenia to share the sovereignty of Mount Ararat. Perhaps Azerbajan and Armenia could share sovereignty in Nagorno-Karabakh, etc. Though perhaps not a viable solution for South Ossetia and Abkhazia given the disparity between the Russian Federation (Russia is no more an independent country than England is) and Georgia.

 

dankusti said:



Wed, 2008-09-10 01:53

        Hi to all,  I have printed here three secions from various contributors to this issue.  Whether we are talking about Catholics and Protestants in Ireland, or Albanians and Serbs in Kosovo, or Abkhazians and  Ossetians in Georgia, we are dealing with the same issue.  !

    (i)  as long as Catholics and Protestants could live alongside each other in their own homes

(ii) Thus the independence of Kosovo is supported by the West and opposed by Russia, while the opposite is the case for Abkhazia and South Ossetia

(iii) What should we do if Georgia, South Ossetia and Abchazia all respect the human rights of their minority?

The "primitivizm" of various tribalistic groups - divided by superstittious religiosity, or historically tribalistic "ethnicity".  The only section of humanity which is profitting from these squables are the manufacturers of guns, exploiters of natural resources and monetary crooks.  They opperate on the principle of "divide and conquer" - and use these ignorant primitives to create turmoil and thus have a nice opportunity for profit !

   As far as allowing two or more "groups" to "...could live alongside each other in their own homes...", this would be possible ONLY if members of each group are not inclined to "outbreed" others ( as the Albanians have done in Kosovo region ), and thus "..conquer the region by excessive reproduction rate ! "

       So, in my view, at the start of the 21-st century, we need to find the ways of freeing the minds of the stupified masses from various religious, ethnic and racial "customs", and then they would be able to live together for the benefit of all, and not be USED by the above mentioned "monetary gangsters".

        Keep up the good work on emancipating all those who are still able to think freely.  dankusti

 

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