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Lessons Learned? The EU and the South Caucasus De Facto States

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  • Lessons Learned? The EU and the South Caucasus De Facto States

    ISN - International Relations & Security Network, Zurich
    March 1 2013


    Lessons Learned? The EU and the South Caucasus De Facto States


    The EU views its 'Non-Recognition and Engagement' strategy as the best
    way to manage its relations with the putative republics of Abkhazia
    and North Ossetia. Today, Franziska Smolnik analyzes the effectiveness
    of this strategy and wonders whether it can also be applied to the
    Nagorno-Karabakh dispute.

    By Franziska Smolnik


    The South Caucasus conflicts have long been on the EU radar. Despite a
    general awareness, however, concrete EU engagement as regards the
    Abkhazia, South Ossetia and Nagorno-Karabakh conflicts has been
    limited. It was only after the 2008 August war pitting Georgia against
    South Ossetia and Russia that the EU started to re-evaluate its
    approach to Georgia's conflicts. Not only did the EU in general step
    up its engagement but it also re-thought its policy on the so-called
    de facto states [1] which have emerged as a result of the conflict. In
    September 2008 the position of EU Special Representative (EUSR) for
    the Crisis in Georgia was introduced, complementing the work of the
    EUSR for the South Caucasus that was created in 2003. Moreover, the EU
    formulated the Non-Recognition and Engagement policy to directly
    address Abkhazia and South Ossetia. However, Nagorno-Karabakh, the
    third South Caucasus de facto state, has been left unaddressed by the
    strategy - despite the EU's awareness of the Nagorno-Karabakh
    conflict's highly fragile status quo. While the Non-Recognition and
    Engagement policy arguably is not the most visible of the EU's
    policies in the region, it nonetheless constitutes a significant
    adjustment in the EU's approach towards Georgia's conflicts in general
    and the de facto states in particular. It is therefore worth taking a
    closer look at it: First, this article assesses the policy's
    implementation in the context of Georgia's break away regions. Then,
    with reference to the former, it examines the possibilities of
    extending the strategy to the de facto state of Nagorno-Karabakh.

    Even though the Non-Recognition and Engagement strategy is directed at
    both South Ossetia and Abkhazia, the evaluation of its implementation
    focuses on the Abkhazian case. Since, as a consequence of the August
    war, entry to South Ossetia has been practically closed for
    international assistance (Russia excluded), implementation of the
    Non-Recognition and Engagement strategy in South Ossetia has been
    postponed.

    New realities - new strategy: engaging Abkhazia and South Ossetia

    Similar to South Ossetia and Abkhazia which gained de facto
    independence from Georgia, the secessionist entity Nagorno-Karabakh
    has developed empirical statehood in the course of about 20 years of
    de facto independence from Azerbaijan. While all three conflicts as
    well as the respective de facto states have featured their own
    specific characteristics even before the events of summer 2008, the
    five-day war and its aftermath set conflicts and de facto states even
    further apart: whereas after the war Russia recognized South Ossetia
    and Abkhazia as independent states - and a couple of further countries
    have by now followed Russia's lead, Nagorno-Karabakh remains without
    partial recognition - with even its closest ally and kin state, Armenia,
    failing to recognize it. In the context of partial recognition,
    Abkhazia and South Ossetia have been furthermore re-positioned on the
    EU's agenda for the South Caucasus.

    As concerns Nagorno-Karabakh, given the frequent criticism of the OSCE
    Minsk Group, the official conflict mediator, calls for enhanced EU
    engagement have likewise become more numerous. The EU itself is
    considering enhanced involvement. While, on the one hand, a possible
    role for the EU as one of the Minsk Group's co-chairs is discussed
    (currently the Minsk Group is co-chaired by representatives from
    Russia, the US and France), a second line of thinking focuses on
    extending the EU's Non-Recognition and Engagement strategy to the de
    facto state of Nagorno- Karabakh. Yet neither of these possibilities
    has been implemented.

    In the cases of Abkhazia and South Ossetia, the EU had channeled some
    of its assistance to these de facto states even before the events of
    2008. EU donor assistance focused in particular on ameliorating the
    situation of internally displaced persons (IDPs) as well as on
    socio-economic reconstruction in the conflict-affected areas. While
    humanitarian in nature, the EU thought of this assistance as part of
    its efforts towards conflict resolution. Since 2003, the EU moreover
    has been present in the region in the form of its Special
    Representative for the South Caucasus, whose mandate explicitly
    included engagement with the South Caucasus conflicts. While the work
    of the EUSR has often been carried out without much public ado, the
    EUSR has been crucial in maintaining links with Abkhazia and South
    Ossetia, not least facilitated by his not being affiliated with a
    European embassy or the EU delegation based in Tbilisi. EU policies as
    regards conflict resolution in general, however, have been assessed in
    rather negative terms. It was the war of 2008 as well as the partial
    recognition of Abkhazia and South Ossetia that marked a turning point
    as concerns the realities on the ground - and thus the conditions for
    international engagement in the region. These new conditions include
    an almost complete foreclosure for EU (funded) projects to South
    Ossetia, an increased Russian presence in the de facto states - not
    least in the form of thousands of Russian troops stationed there to
    defend the new status quo - as well as boosted selfesteem especially on
    the part of Abkhazia and its bid for independent statehood. It seems
    as if Russia's even further increased role in the partially recognized
    statelets led to heightened sensitivity and necessitated a
    re-evaluation and re-orientation of the EU's engagement with the
    conflicts. While in discussion even before 2008 and in several regards
    only the formalization of assistance that the EU has already provided,
    the approval of what came to be known as the Non-Recognition and
    Engagement strategy in December 2009 nonetheless marks a certain
    change of approach in the EU's efforts towards conflict resolution.
    With this step EU policy directly addresses the de facto states of
    Abkhazia and South Ossetia, thus holding the potential for EU
    assistance that thoroughly takes into account local conditions in the
    de facto states and the (new) realities of the region.

    The Non-Recognition and Engagement strategy was adopted by the
    Political and Security Committee of the Council of the European Union
    and has to be considered in light of the European Commission's
    proposal to provide for enhanced targeting of regional conflicts
    within the EU's Neighborhood Policy. The strategy's essence is already
    given by its name. Central are two, inseparable building blocks:
    engagement with the de facto states while at the same time clearly
    stating the EU's adherence to Georgia's territorial integrity. The
    formula therefore reflects the difficult position the EU finds itself
    in where its adherence to Georgia's internationally recognized borders
    remains in tension with addressing the new realities. Despite the
    explicit bias towards an ultimate resolution of the conflicts which
    favors the Georgian (and Western) standpoint, the strategy seems
    however rather directed at countering Russia's growing influence
    rather than actively supporting Georgia's regaining of Abkhazia and
    South Ossetia. The strategy's central objective of de-isolation is
    thus to provide and foster, as former EU Special Representative Peter
    Semneby put it, `an alternative perspective to the predominant Russian
    one'. Such de-isolation is thought possible via upholding or
    establishing contacts on different levels - contact with the de facto
    authorities not explicitly excluded but practically restricted by the
    statement on Georgia's territorial integrity. Centrally, the strategy
    aims at focusing on people-to-people contacts and the implementation
    of projects in different realms such as rehabilitation, education,
    information or training. Yet, the strategy still largely waits to be
    animated - thus far rather than being a generator of new initiatives it
    constitutes rather a new umbrella label for ongoing projects.

    Engagement with obstacles

    The events of 2008 constitute a further rupture as regards relations
    between Tbilisi and Sukhum/i and between Sukhum/i and the
    international community. While in the context of the cease-fire
    agreement brokered by French President Nicolas Sarkozy a new
    negotiation format, the Geneva talks, was established, both the UN
    mission that monitored the Georgian-Abkhaz ceasefire and the OSCE
    presence in South Ossetia were disbanded in mid-2009 after Russia
    vetoed their extensions. The Geneva talks regularly bring together
    representatives of Georgia, Russia, Abkhazia, South Ossetia as well as
    of the UN, OSCE and the EU with the objective of arriving at conflict
    resolution. The latter three organizations function as the Geneva
    process' co-chairs with the EU being represented by its Special
    Representative for the Crisis in Georgia. Even though such a steady
    communication platform has been welcomed, critics complain that a
    means to an end has become an end in itself: Given a lack of tangible
    progress as concerns relations between Tbilisi and Tskhinval/i and
    Sukhum/i, mediators are forced to settle for maintaining the
    status-quo.

    Despite such a rather bleak picture, there is also experience of
    engagement and mutual contact beyond the track one-level to draw upon.
    International organizations and NGOs have, and continue, to implement
    projects in Abkhazia, while communication channels between Georgia and
    separatist Abkhazia were never completely closed either. The
    administrative boundary line (ABL) between Georgia and Abkhazia has
    been permeable, not least due to several thousands of ethnic Georgian
    IDPs who returned to their homes in Abkhazcontrolled Gal/i region and
    have subsequently commuted across the ABL. However, for Abkhazia's
    non- Georgian population, too, crossing the ABL was possible, for
    example in the context of medical treatment. Moreover, until the
    events of 2008 there even was direct, that is non-mediated, contact
    between Abkhazian and Georgian top-level officials. It is such fragile
    forms of contact and pragmatic cooperation that the EU's policy may
    aim to revitalize or draw upon and possibly expand. On the other hand,
    obstacles which were already present before 2008 have become even more
    critical now. These can be located on different levels: On the one
    side project implementers are confronted with obstacles on an
    operational level such as which passports to accept, where to issue
    necessary visas, from where to import materials, etc. On the other
    side, a further difficulty presents itself on the more conceptual
    level: commonly, in Abkhazia the EU is regarded as pro-Georgian and
    its new policy therefore viewed with suspicion. This, however,
    influences the policy's possible impact. The strategy's perceived
    Georgia bias is not only linked to the EU's vocal commitment to
    Georgia's territorial integrity, but also to its prior record of
    assistance. People in Abkhazia criticize the EU as well as other
    international organizations for having channeled their help
    predominantly to Gal/i region, facilitating IDP return, therefore
    favoring ethnic Georgians. The internationals justify their engagement
    by pointing to stipulations of the 1994 framework agreement and by
    arguing that this area in particular has been most severely affected
    by the persistent conflict and that it is the ethnic Georgian IDPs who
    are most vulnerable. Ethnic Abkhaz interlocutors, however, stress that
    they have likewise experienced tremendous hardships due to the war and
    the economic blockade, having waited in vain for help.

    While in Abkhazia there have been, and still are, groups of people who
    adhere to a `multi-vector-foreign policy' and, in this context,
    welcome cooperation with the EU, the EU's offers are not able to
    seriously challenge Russian influence in Abkhazia. Not only is Russia
    militarily present in the region and seen as the protector of Abkhaz
    independence, it also possesses tremendous economic leverage - to name
    only the two most striking aspects of Abkhaz-Russian relations. Even
    though the Russian-Abkhaz honeymoon has likely ended, or at least has
    been beclouded by a couple of contested issues such as the question of
    real estate purchases by non-Abkhaz, the territorial dispute as
    regards the village Aibga or the dispute concerning the Abkhaz church,
    Russia's influence and elevated position will remain for the
    foreseeable future. Therefore, the more the Non-Recognition and
    Engagement policy's central objective to promote an alternative
    perspective is interpreted by the Abkhaz side as aimed at
    substituting, rather than complementing, Russia's presence, the less
    likely are its chances for substantial realization.

    No recognition, no Engagement: the EU and Nagorno-Karabakh

    Turning to the Nagorno-Karabakh conflict, we face a different picture.
    Compared to the Georgian-Abkhaz conflict, the EU's efforts as regards
    conflict resolution in the case of the Nagorno-Karabakh conflict are
    even smaller and more inconsistent. [2] This is not least due to local
    circumstances and the configuration of forces, which are quite
    different from the Georgian-Abkhaz case. While it is the ABL that
    separates Abkhazia and Georgia proper, Nagorno-Karabakh and Azerbaijan
    are separated by the `line of contact'. This is the official name for
    what actually are World War I-like fortified trenches, mine fields and
    thousands of soldiers from the Azerbaijani, Nagorno- Karabakh and
    Armenian armies standing guard against each other and exchanging
    sniper fire on an almost daily basis. In contrast with the
    Georgian-Abkhaz case, the `line of contact' is completely sealed and
    the implementation of cross-community projects is possible only
    indirectly, traffic to and from the de facto state of Nagorno-
    Karabakh occurs - much to Azerbaijan's resentment - via the Lachin
    corridor that connects Nagorno-Karabakh with the Republic of Armenia.
    At the conflict's current stage, therefore, struggling with practical
    questions, as in the case of Abkhazia, is wishful thinking.

    Nonetheless, the question of how to approach Armenia as
    Nagorno-Karabakh's protector and kin state remains to be tackled. Even
    more than is the case with Russia and Georgia after the events of
    2008, Armenia adds an international dimension to the secessionist
    conflict. While Nagorno-Karabakh features largely separate political
    and administrative structures, it is tightly connected to Armenia via,
    for example, a common financial, educational and defense space.

    Despite Georgia's increased efforts at monitoring international
    assistance to Abkhazia, Tbilisi has started to question the
    fruitfulness of its isolation strategy. Parallel to the EU's
    introduction of the Non-Recognition and Engagement strategy, Georgia
    presented its own pol icy towards Abkhazia and South Ossetia - the Law
    on Occupied Territories as well as the corresponding strategy, action
    plan and modalities, adopted between the fall of 2009 and fall of
    2010. Despite its being largely dismissed by the Abkhaz side and
    despite its contested origin - it is debated whether it was a genuine
    Georgian initiative. Developed in close cooperation with Georgia's
    Western partners, this policy presents an attempt to open up
    communication and cooperation channels, something that is missing in
    the case of Azerbaijan and Nagorno-Karabakh. Even more than is the
    case with Georgia, Azerbaijan fears that any EU engagement with
    Nagorno-Karabakh potentially helps the de facto state's ability to
    build institutional capacity which then might be exploited to further
    back Nagorno-Karabakh's claim for independence. Azerbaijan therefore
    regards any international engagement with Nagorno-Karabakh as a
    further challenge to its territorial integrity. Such concern is
    moreover related to an Azerbaijani perception of the EU as less
    clearly supporting Azerbaijan's territorial integrity - contrary to the
    case with Georgia.

    However, the EU's priorities, too, differ in the case of the
    Nagorno-Karabakh conflict. Azerbaijan - an EU target for closer economic
    ties in the context of energy diversification plans - will hardly face
    serious EU pressure to change its position as regards international
    engagement with Nagorno-Karabakh. Arguably, the 2008 events were not
    conducive to bestow more attention upon the Nagorno-Karabakh conflict:
    Not only is the Non-Recognition and Engagement strategy only oriented
    towards Abkhazia and (potentially) South Ossetia, what is more, the
    September 2011 merger of the two EUSR mandates related to the South
    Caucasus, the EUSR for the South Caucasus (until February 2011 held by
    Peter Semneby) and the EUSR for the Crisis in Georgia (until August
    2011 held by Pierre Morel), into one - the EUSR for the South Caucasus
    and the Crisis in Georgia - equally favors engagement with Georgia's
    breakaway regions. The position is held by French diplomat Philippe
    Lefort. Commentators have focused on the new EUSR's French
    nationality: While some consider this a further upgrade of France's
    standing in the region and in particular concerning the
    Nagorno-Karabakh conflict (to recall: France holds one of the three
    Minsk Group co-chairs), others thought a transformation of the French
    co-chair into an EU-one more likely. While rumors concerning the
    latter have already been dismissed, it also remains to be seen whether
    the officeholder's personal qualities and traits or the position's
    mandate will have a greater influence upon the orientation of the
    EUSR's work.

    Finally, enhanced EU engagement might be impaired by the EU's
    reputation in the de facto state of Nagorno- Karabakh itself - similar
    to the case of Abkhazia. The EU's standing among Nagorno-Karabakh's
    population is not very high. According to an opinion poll from 2010,
    the EU scores lowest - by far compared to Russia, but also compared to
    France and the OSCE - as regards people's trust towards it, its role in
    the settlement process as well as its perceived interest in peace. It
    is in fact the latter question where the EU scores worst. Such
    distrust is not least linked to the role of the EUSR: People in
    Karabakh blamed Peter Semneby for not having visited Nagorno-Karabakh
    once.

    Any Good? Prospects for extending the EU's policy of non-recognition
    and engagement

    Despite the many political challenges to engage directly with the de
    facto states which have impeded the implementation of the EU's policy
    in Abkhazia, it should nonetheless not be abandoned. Furthermore:
    While the political circumstances are equally complex and hostilities
    arguably even more protracted in the case of Nagorno- Karabakh, an
    extension of the EU's Non-Recognition and Engagement policy to
    Nagorno-Karabakh still has the potential to positively affect the
    present status quo, albeit indirectly. As regards the Nagorno-Karabakh
    conflict's mediation process, not only has the top-level- top-secret
    character of the Minsk Group-led negotiations been criticized,
    Nagorno-Karabakh is neither present in these negotiations, nor is
    first track mediation substantially undergirded by efforts aimed at
    conflict transformation. Given Nagorno-Karabakh's isolation, even more
    severe than in the case of Abkhazia, and the lack of a prior history
    of international peacekeeping or monitors on the ground, EU efforts
    that in analogy to the Abkhazian case are targeted at diversifying
    Nagorno- Karabakh's information field or establishing cooperation in
    the area of education might at the least be beneficial to laying the
    ground-work for future reconciliation.

    The EU often stresses its potential as a neutral, though not
    indifferent, mediator and facilitator in the South Caucasus, including
    in the realm of conflict transformation. Even though perceptions of
    the EU differ across the region, local actors largely regard the EU as
    being less partisan than Russia or the US. Yet, the EU has not
    capitalized on its standing, or effectively tried to do so for that
    matter. Often, its policy in regard to the conflicts has been more
    declarative than substantial, more reactive than proactive. The EU's
    policy towards Abkhazia and South Ossetia with its Non-Recognition and
    Engagement strategy is a case in point. As concerns the
    Nagorno-Karabakh conflict, it might be good advice not to wait for an
    escalation to step up engagement.


    [1] The term de facto state is used to jointly address the three South
    Caucasus self-proclaimed statelets that feature empirical statehood
    but are not or only partially recognized internationally. Since in all
    three conflicts terminology is debated, where necessary I use both
    variants of spelling (e.g. Sukhum/i - for Georgian Sukhumi and Abkhaz
    Sukhum).

    [2] Only very sporadically has the EU become active as a donor to
    projects in Nagorno-Karabakh, such as in the framework of the EU
    financed European Partnership for the Peaceful Settlement of the
    Conflict over Nagorno-Karabakh (EPNK), which is an umbrella for five
    organizations that since 2010 has supported peace-building related
    activities - also in Nagorno-Karabakh itself.


    Franziska Smolnik is working as a research assistant to the Russia/CIS
    division of the German Institute for International and Security
    Affairs in Berlin and pursuing a PhD on internal developments in the
    South Caucasus de facto states.

    Editor's note:

    This article was originally published in Caucasus Analytical Digest No
    35-36 (15 February 2012).

    http://www.isn.ethz.ch/isn/Digital-Library/Articles/Special-Feature/Detail/?lng=en&id=160454&contextid774=160454&contextid775 =160429&tabid=1454180080



    From: Emil Lazarian | Ararat NewsPress
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