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Home , Diplomatic recognition

BORDERS Making a State a State

COURTNEY BROOKs

UKHUMI, —Angie loves traveling, dancing, and peach juice. SShe doesn’t like boundaries. That’s because this young human rights worker is from Abkhazia, a self-declared independent territory claimed by Georgia. The 26-year- old, who works for the organization World Without Violence, survived a war, and it has left her with some strong opinions. “I have this habit not to trust Georgians, ex- cept those I know long and well,” she says. “There isn’t a family in Abkhazia which doesn’t have a victim from those days. This is terrible, and it’s really hard to forget.” Tensions between Georgia and Abkha- zia grew after the fall of the , with Georgia sending troops to the region in 1992, sparking a year-long war. Eventu- ally Abkhaz forces drove out the Georgian troops, winning independence in 1993. The violence left thousands dead and more than 200,000 people—mainly ethnic Georgians—displaced and home- less. A cease-fire was brokered a year later, and Abkhazia officially declared its inde- pendence in 1999. But in Abkhazia, which is only recognized as a sovereign country by five other nations, the battle for inde- pendence still rages. Right now, there is no internationally recognized standard for what constitutes a nation. Certainly, membership in the Unit- ed Nations, which requires a two-thirds

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majority vote of the 193 members of the Carnegie Endowment, doesn’t see Abkha- General Assembly, carries considerable zia’s disputed status being resolved any time weight. The structure of the United Na- soon. “From now on, the situation is unlike- tions invites deadlock, since the five per- ly to change,” he says, adding that the best manent members of the Security Coun- Abkhazia could hope for is one or two more cil—the , Britain, , small states recognizing its sovereignty. Russia, and —have the right to veto Meanwhile, on the other side of the any membership bid. But membership in globe, lies Vanuatu. The Pacific island na- UN component organizations may accrue tion, with a population of 250,000, has to some states, conveying limited privi- been struggling economically since its leges of sovereignty. When Palestine was independence from French and British granted observer-state status at the United rule in 1980. More than two-thirds of the Nations, there was dancing in the streets in people of Vanuatu subsist on small-scale Gaza, though it is only one step along the agriculture. Many others sustain them- road to full statehood. selves through fishing. Due to the effects Diplomatic recognition and an ex- of climate change on the low-lying island, change of ambassadors on bilateral bases also Vanuatu’s troubles are likely to intensify yields considerable prestige and benefits, es- in the coming years. But this unassum- pecially if this is undertaken by major pow- ing state has become a proxy in a power ers. Abkhazia does not yet possess any such struggle between Russia and the United status—neither UN membership nor broad States over recognition of Abkhazia’s in- international recognition. A nation hardly dependence and, by extension, the broader becomes a nation by the simple act of self- question of who has the right to declare a proclamation. While the world is increas- nation a nation. ingly interconnected, many of the globe’s In the last two years, Vanuatu has recog- most intractable conflicts remain mired in nized, unrecognized, and then re-recognized issues of statehood and territorial divisions. Abkhazia’s sovereignty. In the end, it turned out that the government had never actually A Matter of Time recognized Abkhazia through official chan- Angie, who declines to give her last name nels to begin with. The waffling is a result because her family works in the Abkhaz of both miscommunication and turf battles government, believes widespread recogni- within Vanuatu’s government and behind- tion of Abkhazia is “only a matter of time,” the-scenes diplomatic battles over the issue. adding, “despite the attitude of the West- The turmoil between Abkhazia and ern countries, I think that sooner or later Vanuatu—two countries whose respec- everyone will accept the new reality. It’s tive citizens know little of the other but worth it to wait.” are bound together through outside in- Still, Thomas de Waal, a senior associ- fluence and cash—illustrates the need for ate in the Russia and Eurasia Program at the a mechanism to normalize the process of

Courtney Brooks is the and New York correspondent for Radio Free Europe/Radio Liberty and has written for the Associated Press, Agence France- Presse, and GlobalPost.

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international recognition of a state. Abkha- Russia’s failure to win support from zia, along with another de facto independent even close ally Belarus is seen as an embar- territory within Georgia’s borders, South rassment for Moscow’s foreign policy. “It’s Ossetia, is a pro-Moscow separatist region. been four years since the war and four years has enjoyed de facto indepen- since Russia’s recognition of their indepen- dence since 1990, and Abkhazia since 1993. dence,” says Lincoln Mitchell, a professor of Russia became the first country to recognize international politics at Columbia Univer- the territories in May 2008, following a brief sity who visited Abkhazia for World Policy war with Georgia earlier that month. Journal in 2010. “They haven’t gotten to 10 Russia’s recognition of the breakaway or 12 [countries to recognize them]; they’re regions of Abkhazia and South Ossetia is stalled at five or six, which is a low number, part of a desire by suggesting that really, it’s only extreme out- the Kremlin to as- liers who are supporting this idea of inde- found sert control over pendence for Abkhazia and South Ossetia.” itself $2 billion what it calls its “near But for Moscow, the consolation prize abroad,” vast territo- of the two territories’ loyalty—as well as richer from new ries that broke free assured access to the Black Sea through military sales with the disintegra- Abkhazia—may be enough. De Waal notes to russia after tion of the Soviet that while Russia’s neighbors resisted pres- Union. Having Ab- sure to recognize the two territories in recognizing khazia and South Os- 2008, Moscow isn’t too troubled by how abkhazia and setia remain under its things stand. “Since then, I see that Mos- sway, while retaining cow is fairly happy with the status quo, and south ossetia. a veneer of indepen- that the limited recognition of these two dence, is one route to achieving this end. entities gives Moscow greater de facto con- And it is by no means the only region in trol over Abkhazia and South Ossetia.” the world where such forces are in play. As for Vanuatu, the island nation has But Russia’s tactics have not gone un- changed its stance on Abkhazia’s indepen- noticed. Not surprisingly, its recognition dence several times. Its fractured politics of Abkhazia and South Ossetia drew swift are based on divided tribal and clan ties, condemnation from the United States and resulting in an indecisiveness that has the European Union, just as these two pow- also provided a window into the pressure ers’ recognition of two years ago applied on the tiny island by powerful drew denunciations from the Kremlin. Both diplomatic forces. Western powers affirmed their support for In May 2011, Abkhazia announced that Georgia’s territorial integrity—a position Vanuatu had agreed to recognize its sover- they staunchly hold to this day. Unfortu- eignty. But three days later, Vanuatu’s am- nately for Russia, states willing to recognize bassador to the United Nations, Donald Abkhazia and South Ossetia have been hard Kalpokas, denied this. “I have asked my to come by. Both territories are recognized capital whether this is true, and they de- only by Russia, Venezuela, , Na- nied it emphatically,” he told The New York uru, and Tuvalu. Nauru and Tuvalu are Pa- Times. “We don’t know who is responsible for cific island states even smaller than Vanuatu, declaring that this is true. As far as we are each with fewer than 11,000 residents. concerned, we are dealing with Georgia, not

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Abkhazia. It is defamation for our country. no Abkhazia, no South Ossetia, only a single This is disrespect.” That statement would greater Georgia. come back to haunt the ambassador. A week Anton Uspensky, a spokesman at Rus- later, Vanuatu’s foreign minister, Alfred Car- sia’s UN mission, sidesteps the “checkbook lot, said on video that his government did, ” allegation, but observes, “We in fact, recognize Abkhazia as a sovereign are not conducting a special campaign nation. He chalked the confusion up to a among countries to have Abkhazia and miscommunication between his ministry South Ossetia recognized. However, we en- and Vanuatu’s UN mission. But 11 months courage everybody to accept the new geo- later, Kalpokas again said that his country political reality in the South Caucasus. Two did not recognize the independence of Ab- independent states, Abkhazia and South khazia. “Well, we here don’t have any po- Ossetia, exist there alongside Georgia.” sition on it—whether to recognize or not Vanuatu’s UN mission denies its recognize Abkhazia,” Kalpokas told me country has received any financial benefit in a telephone interview. “It’s somewhere from Russia in exchange for its declared [that] we don’t know.” Then, under fur- recognition of Abkhazia, and Lomaia ac- ther questioning, he hung up the phone. knowledges there is no proof that such an Finally, the UN expert at Vanuatu’s exchange took place. But it has been wide- Ministry of Foreign Affairs clarified the ly reported that Venezuela found itself matter. Johnny George Koanapo said that $2 billion richer from new military sales Vanuatu had never officially recognized to Russia after recognizing Abkhazia and Abkhazia. That decision would have to be South Ossetia. Nicaragua also reportedly considered and approved by Parliament. In received a multi-million dollar aid pack- January, Koanapo affirmed there had been age, while the Russian daily Kommersant no change. Carlot’s office had acted unilat- reported Nauru received $50 million. erally and illegally in declaring recognition the previous year. Pressure From the West Moreover, Georgia’s UN Ambassador Meanwhile, the United States, the European Alexander Lomaia alleges that Russia engag- Union, and China have stepped in to deter es in “checkbook diplomacy” when it comes such diplomatic recognitions. Juris Gulbis, to Abkhazia and South Ossetia. Moscow Abkhazia’s de facto ambassador to the Pacific simply pays countries in exchange for their and Caribbean, says Washington has “con- cooperation—and in some cases, for votes in stantly interfered” with Abkhazia’s efforts their favor at the United Nations. “A huge to win international recognition. “There is delegation of Russian government represen- great pressure on … Vanuatu, Tuvalu, and tatives parachuted to the various gatherings Nauru to unrecognize Abkhazia,” Gulbis of these [Pacific island] states, trying to court says. He claims Washington is “withholding the governments, promising them financial aid” to the countries over the issue. and material resources,” Lomaia says, add- In Washington, a U.S. official, speak- ing that of the Georgians displaced during ing on condition of anonymity, says, “Van- the 1992-1993 war “three-fourths of those uatu has not formally recognized Abkhazia forced to flee were overwhelmingly in favor or South Ossetia, and we have no informa- of the peaceful restoration of unity, and of the tion of any plans for it to do so. We have divided communities.” Which would mean made our position on Abkhazia and South

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Ossetia clear and continue to raise this vention. In order to be considered a state, issue with Pacific island states as appropri- a territory must have a permanent popula- ate.” American aid to the islands, he con- tion, a defined territory, a government, and tinues, is actually set to increase this May, the capacity to enter into relations with the through renegotiation of a treaty that other states. This definition of statehood, provides aid to Pacific island nations in however, would include “nations” like So- exchange for American access to the maliland, , and Iraqi Kurd- western and central Pacific Ocean’s tuna istan. Instead, at the United Nations and reserves. In 2012, Vanuatu received $9.4 elsewhere, sovereignty is all about politics. million from one such five-year program. The United Nations has presided Christopher Matthews, spokesman for over the decolonization of many of the the European Mission to the United Na- world’s occupied territories. As countries tions, says the European Union “respects won their independence from colonizing and supports” the powers, an enormous wave of states, from territorial integrity Kenya in 1963 to Angola in 1976, joined global of Georgia, adding, the United Nations. The breakup of the boundaries have “The EU reminds its Soviet Union caused another influx. In partners and interlocu- the early 1990s, Yugoslavia, Kazakhstan, rarely been tors of this position Kyrgyzstan, Tajikistan, Slovenia, and more rigid than when appropriate.” In- , among many others, became in- they are today. deed, the EU provides dependent and were accepted as member a five-year aid pack- states of the General Assembly. From age of €23.2 million 1990 to 1994, 29 countries became UN to Vanuatu, aimed at supporting economic member states, while between 1995 and development and creating employment. 2013, there were only nine: Tonga, Kiri- The Pacific island nation has some past bati, Nauru, the Federal Republic of experience in selling diplomatic ties to the Yugoslavia (now Serbia), Tuvalu, Swit- highest bidder. In 2004, Vanuatu briefly zerland, Timor-Leste, , and, suspended diplomatic relations with China most recently, South Sudan. and recognized , after reportedly be- Global boundaries have rarely been ing offered $30 million in aid from Taipei. more rigid than they are today. This has A month later, Vanuatu switched back, sev- left many of the world’s long-running ering relations with Taiwan and restoring territorial conflicts in a seemingly end- them with Beijing after its , less standoff. The steps required to hold who orchestrated the deal with Taipei, was a vote for membership at the United Na- removed from office. This is a common oc- tions are daunting. currence in Vanuatu, where the recently re- First, the entity must make an appeal to elected prime minster faced an unsuccessful the Secretary-General of the United Nations. no-confidence vote within two weeks of The 15-member Security Council then re- taking office. views the application. The Security Council votes on whether the bid should be consid- Defining Statehood ered by the General Assembly, a body that The legal definition of statehood, developed includes all 193 UN member states. For this in 1933, is known as the Montevideo Con- final step to take place, nine of the 15 council

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y members must vote in favor, with none of Palestine has not yet reached full nation- the five permanent members—the United hood, at least in UN terms. Last November, tra

As States, , France, Russia, it was upgraded to a “non-member observer

an and China—vetoing. This is where bids usu- state,” a change that does not have to be ap- s

Su ally go wrong. One of these five nearly al- proved by the Security Council, requiring ways has a political or economic stake in the only a simple majority in the General As- issue and won’t hesitate to use its veto power. sembly, which was easily attained. There is A recent case was the 2011 bid by Pal- also no veto power in the General Assem- estine for full UN member status. This was bly, unlike the Security Council. The move blocked by the United States, which with was an upgrade from its previous status as a intense lobbying among Security Council “non-member observer entity,” and put Pal- members, guaranteed that Palestine would estine on par with the Vatican. not get the nine votes it needed. Palestine The vote was 138 in favor, 41 states ab- scrapped the vote to save face, and the staining, and nine against. Four of the nine United States sidestepped the need to ex- were impoverished Pacific island states— ercise an unpopular veto. Palestine has a Nauru, Palau, the Marshall Islands, and host of motivations behind its efforts to Micronesia. They joined the United States, join the United Nations as a full mem- , Czech Republic, Canada, and Pan- ber—international legitimacy, the ability ama. In the case of Palestine, the addition to join trade treaties, the potential to join of the Pacific island nations to the voting the International Criminal Court (where it record was crucial. Carne Ross, a former could charge Israel with war crimes), and diplomat who founded a diplomatic advi- globally accepted documentation to allow sory group, says the United States “would their citizens to travel freely. And that’s have absolutely wanted to avoid the situa- just the top of the list. tion where the U.S. and Israel were totally

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isolated in opposing it.” He adds, “It was under Belgrade’s totalitarian leader Slobo- important to them to recruit countries and dan Milosevic. Since its 2008 proclamation show that it wasn’t an absolutely universal of independence, it has formed its own gov- view at the UN apart from Israel and the ernment with police, justice, customs, and U.S.” that Palestine should be admitted as foreign services, while unilaterally adopting a non-member observer state. the euro as its currency, though it is not a What exactly Palestine’s new status member of the European Monetary Union. means isn’t clear. The move by a disputed en- And, together with Palestine, it raises the tity is unprecedented at the United Nations, ticklish issue of just what constitutes a na- and each body—including the International tion in today’s world. Ross stresses that the Criminal Court—will have to determine United Nations itself does not recognize separately whether to admit Palestine as a states. “Only states make other states,” he full member. But it is clear that the measure, says. “The key element to becoming a state and its widespread support, was a stinging is other states recognizing you as such.” rebuke to Israel and the United States. There is some hope for Kosovo becom- The UN admission ing a full member of the United Nations. process, which inevita- Russia, an ally of Serbia, which has histori- “even the bly leads to stalemate, cally opposed recognition of the govern- thought that has driven some coun- ment installed in the capital, Pristina, has tries struggling with sworn to block any bid for recognition in abkhazia must a to the Security Council. But the Serb govern- be a part of seek international rec- ment in Belgrade indicated in January that georgia is ognition outside the it might be open to trading UN member- chambers of the Secu- ship for Kosovo in exchange for a “compre- humiliating. rity Council. hensive settlement” with Pristina. Serbia it’s better Kosovo, which se- is feeling the pressure to normalize rela- to die than ceded from Serbia in tions with the Albanian-majority territory 2008, functions as a de because it is negotiating EU membership accept this.” facto state, even with- for itself. EU foreign policy chief Catherine out official UN mem- Ashton met with the Serbia’s and Kosovo’s bership, having been recognized by more presidents in early February in Brussels, in than 90 of the 193 UN members. Perhaps the highest-level meeting to take place since even more important than the numbers Kosovo’s . Indeed, the European game, it is recognized by the United States Union has largely replaced the role of the and 22 of the European Union’s 27 mem- United Nations in negotiating a resolution bers. Such recognition carries with it some to the Kosovo conflict. A senior European significant benefits beyond diplomatic or diplomat speaking on background recently political prestige—attracting Western told reporters, “The Security Council re- companies who feel more comfortable do- turns to these issues from time to time, but ing business with a nation recognized by the general expectation is that it is primari- the United States and most of Europe. ly the European Union and its mechanisms Kosovo became a ward of the United that can help bring stability to the region.” Nations in 1999, after NATO went to war Although the Kosovo government has to stop a brutal Serbian counter-insurgency said UN membership is its ultimate goal, it’s

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Downloaded from wpj.sagepub.com at COLUMBIA UNIV on December 19, 2014 STATEHOOD debatable how much Pristina, which enjoys fectly well who deprived me of these rights. overwhelming recognition by and trade with But still, I have hope for people to change Western countries, as well as a widely recog- something, to change their attitude and ac- nized , would actually benefit from cept that this is the new geopolitical reali- being made a member state. ty—that Abkhazia isn’t Georgia’s anymore.” Whether Abkhazia, or for that matter A Homeland to Die For Kosovo or Palestine, should be recognized as Unlike Kosovo, Abkhazia has only a sliver independent countries is not even the cen- of a chance for internationally recognized in- tral issue. Residents of disputed territories, dependence. But that wouldn’t stop Tengiz who simply want to live, prosper, and care Agrba from defending his homeland. The for their families on the land they call home, 27-year-old entrepreneur claims that every should not have to be treated as diplomatic family in the capital of Sukhumi is mourn- pawns between the world’s superpowers. ing loved ones from the last war with Geor- gia and that he would still answer a call to A Mechanism of Recognition arms. “In general, I love all people and wish The five permanent members of the Secu- them well. But if I had the choice to live in rity Council effectively run the United Na- peace with Georgia, or fight and die for the tions. Without their support there can be freedom and independence of Abkhazia, the no change to the veto process, which allows answer would be obvious. Abkhazia must be them to block the possibility of UN mem- independent. Even the thought that Abkha- bership, and all the advantages membership zia must be a part of Georgia is humiliating. would afford those living on disputed land. It’s better to die than accept this.” In an ideal world, the permanent five He also mistrusts any foreseeable pact. would recognize that the Security Council’s “There is no agreement in the world which Cold War-installed power and veto struc- would force Abkhazia to be part of Georgia, ture is an unfair—and often selfish—way if there is even one Abkhazian left. We will to grant or deny UN membership to states. fight for our homeland, knowing that we With today’s status quo, in one breath have nowhere to go from here. We don’t have the United States can condemn Russia for another home, and never have.” blocking Kosovo’s UN membership, and in While Agrba is fiercely patriotic, will- the next swear to shut down any vote on ing to die for his freedom, Angie, the young Palestinian statehood. human rights worker, has always thought Still, there happens to be an often mis- of herself as a “cosmopolitan woman,” and understood Security Council resolution regrets that Abkhazia’s status as a pariah called “Uniting for Peace,” which was nation on the international stage limits her passed in 1950 during the Korean War ability to live as she pleases. She says that to break a deadlock in the council. The while she has a Russian passport, she has to resolution gave the General Assembly the travel to Moscow to apply for a visa to other power to overrule the Security Council in European countries. “I’ve dreamed of having some instances, specifically if the council, opportunities to travel around the world, to “because of lack of unanimity of the per- explore cultures and habits of other peoples,” manent members, fails to exercise its pri- she says with some bitterness. “But I don’t mary responsibility for the maintenance have this opportunity. I guess you know per- of international peace and security in any

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case where there appears to be a threat to There should also be a place for national the peace, breach of the peace, or act of wannabes like Abkhazia to take their case if aggression.” The issue of Palestine, for ex- denied. Within the UN system it could func- ample, would seem to qualify under these tion similarly to the UN’s Trusteeship Coun- criteria. But it hasn’t, because “Uniting cil, which was established to promote and su- for Peace” has only been invoked a hand- pervise the decolonization of territories. The ful of times since its passage, and never in Trusteeship Council hasn’t been active since the case of statehood. 1994, when Palau, its last “trust territory,” Under the resolution, nine members of became independent. Resuscitating this or the Security Council may refer an issue to creating a comparable mechanism to promote the General Assembly, and there is no veto the rights of those living in disputed territo- allowed by any of the permanent members ries would fit within the UN charter. Even to prevent such a move. The problem with without full UN membership, the citizens of this resolution is that it only gives the Gen- these territories—who have often committed eral Assembly the ability to make “recom- no mistake except being born there—deserve mendations” for “collective action,” with no freedom and for their voice to be heard. Such precedent for action as strong as calling for a a mechanism would allow states to partici- General Assembly vote on statehood. pate in regional conferences and for their resi- But if states are created by broad in- dents to travel, study, and work freely in our ternational recognition by other states, increasingly global world. it makes no sense to allow UN member- To explain why he’d die fighting for his ship to be blocked by one of the 193 UN homeland, Agrba quotes a poem written by member states. “Uniting for Peace” should a Russian soldier during the 19th century be implemented, or a similar but stron- war between Russia and Turkey: ger mechanism created, to break Security Council gridlock and allow a General As- They ask about this land unbound, Where one sembly vote where statehood is concerned, breathes with all his lungs. I tell them, the air granting residents and governments of has the scent of liberty, And the people are sick widely recognized territories the legiti- with freedom. macy they deserve, not to mention the benefits that accrue—the ability to apply Agrba and others who are “sick with for international treaties, having a seat and freedom” need a new path to peacefully voice on international bodies, membership unbind their land. Without an alternative, in the International Criminal Court, and too many like Agrba are left choosing be- protection for investors under interna- tween diplomatic stagnation at the United tional law, to name just a few. Entities rec- Nations or violence in the streets. ognized as sovereign by the vast majority of the world should have these rights that (With additional reporting from Irina Aliash- derive from UN membership without a vili in Tblisi and translation assistance from veto from a self-interested superpower. Ross Ufberg.) l

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