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CRIMEAN TATARS and the POLITICS of SOVEREIGNTY: Small State Instrumentalization of Ethnic Minority Sovereignty Claims in Geopolitically Disputed Territory

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CRIMEAN TATARS and the POLITICS of SOVEREIGNTY: Small State Instrumentalization of Ethnic Minority Sovereignty Claims in Geopolitically Disputed Territory CRIMEAN TATARS AND THE POLITICS OF SOVEREIGNTY: Small State Instrumentalization of Ethnic Minority Sovereignty Claims in Geopolitically Disputed Territory by Kelley Humber B.A. Queen’s University, 2018 A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS in The Faculty of Graduate and Postdoctoral Studies (Political Science) THE UNIVERSITY OF BRITISH COLUMBIA (Vancouver) September 2019 © Kelley Humber, 2019 The following individuals certify that they have read, and recommend to the Faculty of Graduate and Postdoctoral Studies for acceptance, a thesis/dissertation entitled: Crimean Tatars and the Politics of Sovereignty: Small State Instrumentalization of Ethnic Minority Sovereignty Claims in Geopolitically Disputed Territory_________________________ Submitted by Kelley Humber in partial fulfillment of the requirements for the degree of Master of Arts in Political Science Examining Committee Dr. Lisa McIntosh Sundstrom Supervisor Dr. Katharina Coleman Additional Examiner ii Abstract This thesis analyzes the contemporary case of Ukraine and its shifting posture towards the ethnic minority group, Crimean Tatars, by tracing the relationship of Crimean Tatars and the Ukrainian Government prior to and following the 2014 Russian annexation of the Crimean Peninsula. After annexation, Ukraine has pursued a policy of recognizing, embracing, and advocating for the indigenous rights of Crimean Tatars in the wake of Russia’s annexation of this strategically located peninsula and the lingering territorial dispute between the two countries. This is significant as it represents a distinct departure from how national governments have traditionally accommodated this ethnic minority with indigenous claims to the Crimean Peninsula. On 20 March 2014, Ukraine officially recognized Crimean Tatars’ indigenous claims to Crimea, with Ukraine only prioritizing these claims once Crimea was de facto controlled by Russia, suggests an instrumentalization of the Crimean Tatar’s indigenous claims. This thesis argues that the actions of Ukraine in this instance could be the first of more to come for small states hoping to perpetuate a particular conception of state sovereignty which relies on the compliances with international legal norms—now including respect for indigenous rights. This particular conception of sovereignty is most advantageous to small states, who often have fewer resources to secure their sovereignty in other realms. iii Lay Summary This thesis looks at the Ukrainian government’s official recognition of Crimean Tatars as an indigenous people and how Ukraine has advocated for their indigenous rights. The main argument is that the Ukrainian government is doing this opportunistically to garner international support for Ukraine’s own sovereignty claims, which after the annexation of part of its territory—the Crimean Peninsula—by Russia, has suffered. Only after the land that Crimean Tatars claim to be their indigenous territory was taken over by Russia did the Ukrainian government start to show its support for Crimean Tatars. This thesis explains Ukraine’s decision as a product of a new international legal setting where human rights and indigenous rights are more the norm; small states can draw on these principles to gain more respect from the international community, in the hopes that they will be internationally respected as the legitimate authority over their annexed territory. iv Preface This thesis is the original, unpublished, and independent work done by the author, Kelley Humber. v Table of Contents Abstract……………………………………………………………….………………….………iii Lay Summary…………………………………………………………………………....…….…iv Preface……………………………………………………………………………………….……v Table of Contents………………………………………………………….……………………..vi List of Tables………………………………………………………….…………………………vii List of Abbreviations………………………………………………………….………………...viii Acknowledgements………………………………………………………….……………………ix Dedication………………………………………………………….……………………………...x Section One: Introduction………………………………………………………….……………...1 Section Two: Various Conceptions of Sovereignty……………………………………………….4 Section Three: Small States and the Trickiness of Sovereignty………………….……………….9 Section Four: Case Study, Crimean Tatars and Ukraine………………………………………...13 Soviet-era Crimea: 1920-1991…..……………………………………..………………………...13 Early Years of post-Soviet Ukraine: 1991-1999.………………………………..……………….16 Orange Years in Ukraine: 2000-2013……..……………………………………….…………….19 2014 Russian Annexation…...………………………………………..…………………….……21 Ukrainian Instrumentalization of Crimean Tatar Indigenous Claim………………….…………24 Section Five: Conclusions………………………………………………………………………..28 Bibliography……………………………………………………………………………………..30 Appendix …………………………………………………………………...……………………38 vi List of Tables Table 1: Annual Direct Subsidies to Crimea from the Russian Federation (2014-2019)………..38 vii List of Abbreviations ASEAN Association of Southeast Asian Nations ASSR Autonomous Soviet Socialist Republic EU European Union ICJ International Court of Justice IGO Intergovernmental Organization NATO North Atlantic Treaty Organization OSCE Organization for Security and Co-operation in Europe RSFSR Russian Soviet Federation of Socialist Republics UN United Nations UNDRIP United Nations Declaration on the Rights of Indigenous Peoples UNSC United Nations Security Council USD United States of America Dollar WWII World War Two viii Acknowledgements I would like to acknowledge that this research endeavour was both researched and written on the traditional, ancestral, and unceded territory of the hən̓ q̓ əmin̓ əm̓ speaking xʷməθkʷəy̓ əm (Musqueam) people. In fact, it was the site of both the living and thinking that was needed to complete this project on the indigenous claims of the Crimean Tatars of Ukraine. For more information please visit http://www.musqueam.bc.ca/. I would also like to offer my gratitude to my supervisor, Dr. Lisa McIntosh Sundstrom, who has given enormously of her time and attention to my personal and academic development over the course of both this project and this degree. I very grateful for your encouragement and inspiration. Additionally, I would like to thank Dr. Katharina Coleman for her time and feedback on this project. I owe a particular thanks to the family and friends, both new and old, who have supported and encouraged me throughout the years. ix Dedication To my grandmother, who I would have enjoyed discussing my topic with over several slices of pie at her kitchen table. x Introduction On 18 June 2019 five Crimean Tatars, members of a Turkic-speaking Muslim ethnic minority group that is indigenous to the Crimean Peninsula, were each given lengthy sentences ranging between 12-17 years in prison, on charges of extremist terrorist activity. Their trial was held in the North Caucasus Regional Military court, in the Russian town of Rostov-on-Don which is near the border of eastern Ukraine and the Sea of Azov. The five men were arrested in October 2016 after their homes in Russia-occupied Crimea were searched, they were charged for allegedly belonging to the Islamic political organization Hizb ut-Tahrir, which is classified as a terrorist organization in Russia, but not Ukraine.1 These convictions are part of a series of criminal prosecutions that have been taking place in Crimea against Crimean Tatar people since Russia’s annexation of the peninsula in February 2014, and have been internationally criticized as a means of targeting politically active Crimean Tatar activists who reject Russia’s control over the peninsula.2 Politically-motivated persecution of Crimean Tatar people has been an unexpected flashpoint of tension between Ukraine and Russia. Ukraine has taken up the cause of defending Crimean Tatars’ civil liberties and human rights against Russia through international platforms such as the International Court of Justice (ICJ) where, at the time of writing, the Court is 1 “Russian Court Jails Five Crimean Tatars on Extremism Charges.” (18 June 2019). Radio Free Euroope. Retrieved from: https://www.rferl.org/a/verdicts-expected-in-extremism-case-against- five-crimean-tatars-in-russia/30005337.html ; Hizb ut-Tahrir was banned in Russia in 2003 as noted in “Ukraine: Escalating Pressure on Crimean Tatars.” (2 April 2019). Human Rights Watch. Retrieved from: https://www.hrw.org/news/2019/04/02/ukraine-escalating-pressure- crimean-tatars 2 “Russia Chapter- 2019 Annual Report.” (2019). United States Commission on International Religious Freedom. Retrieved from: https://www.uscirf.gov/reports-briefs/annual-report- chapters-and-summaries/russia-chapter-2019-annual-report. p.4 ; “Ukraine: Escalating Pressure on Crimean Tatars.” (2 April 2019). Human Rights Watch. Retrieved from: https://www.hrw.org/news/2019/04/02/ukraine-escalating-pressure-crimean-tatars deliberating on the application of the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine vs. Russian Federation) with its specific application for Russian treatment of Crimean Tatars.3 Ukraine asked the Court for various provisional measures, including ordering Russia to “cease and desist from acts of political and cultural suppression against the Crimean Tatar people, including suspending the decree banning the Mejlis [Parliament] of the Crimean Tatar people.”4 This is interesting in light of the fact that it was only on March 20th 2014, oncean Russia had secured it’s annexation of Crimea, that the Ukrainian Verkhovna Rada (Parliament) officially recognized the Mejlis as the executive body of the Crimean Tatar people, and
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