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Salii Sergey Mihailovich, candidate of Military Sciences, associate professor, Head of Scientific research department Academy of the Border Service of the National Security Committee of the Republic of Kazakhstan
E-mail: [email protected] Moldahanova Gulnar Isaevna, candidate of Historical Sciences, associate professor
LAND BORDER DELIMITATION OF REPUBLIC OF KAZAKHSTAN: PRACTICAL KNOWLEDGE OF BORDER POLICY FORMATION
Abstract: This article studies the land border delimitation process of sovereign state of Kazakhstan during the disintegration of bipolar world. It analyses the main stages of the system of bilateral treaties and agreements between two neighboring states under international law and principles of nonmilitary resolution of the territorial disputes in a manner that safeguards the interests of all states and ensures security in the border region.
Keywords: National Border, Kazakhstan, region, delimitation, border policy, security, concept, border security.
The sovereignty status achieved by Kazakhstan in 1991 The vast territory of Kazakhstan differs significantly in natural, brought colossal changes in every sphere of life - political, eco- climatic and geographical conditions which influence security
nomic, social, cultural - and created an overarching objective of creation and implementation of new paradigms of statelegal system of independent republic for scientists, diplomats and politics; theoreticians and practitioners to accomplish.
Complex domestic and foreign political situation in Kazakhstan, similar to that of other newly independent states that emerged on the territories of former Soviet Union, was a natural consequence of centrifugal tendencies of the nineties.
"The history decided for Kazakhstan to be the epicenter of world politics after the disintegration of bipolar world. New states have emerged from the former superpower and among them, ours had the special place. At the whim of fate, we received particular attention not only because of our vast territories or rich natural resources or great diversity of ethnic groups, but, primarily, due to nuclear power inherited by us from the USSR" [1, 187]. The recently emerged republics were divided by administrative borders, but only the state borders of the USSR were, in fact, recognized by the international law. Therefore, territorial claims among new republics as well as territorial disputes between those republics and their neighbor states were very common.
The Republic of Kazakhstan is located at the center of Eurasia, with most of it territory being part of Asia and some of it - of Europe. "The territory of the state is 2.724.902 km2, which means it is in 9th place in the world and the second place after Russia among the CIS-member states and is the largest state in the territory of the Cooperation Council of Turkic-Speaking States. It has coastline on the inland Caspian and Aral Seas and, having no access to the open sea, is the largest state in the world with such a geographical feature" [2].
of state borders and border policy, as well as form specifications of interactions with neighboring states.
The republic of Kazakhstan shares land borders with 5 states of the world, the length of which is more than 14 thousand kilometers, including: with Russia - 7591 km; with Uzbekistan - about 2351 km; with China - 1783 kilometers; with Kyrgyzstan - 1242 kilometers; with Turkmenistan -426 kilometers [3, P. 297]. On the Caspian Sea, Kazakhstan shares borders with four states: Russia, Turkmenistan, Iran and Azerbaijan. In fact, the state border of Kazakhstan is supposed not to divide, but, in fact, to unite Europe and Asia. The most important geopolitical feature of Kazakhstan is that since ancient times it is located at the crossroads of the main transit trade arteries between the West and the East:Jade Road, Lapis Lazuli Route, Steppe Route and Great Silk Road.
The unique geopolitical position of Kazakhstan and its economic, social, demographic and ethnic features of its border regions, as well as wide range of threats to its national interests and to state border security give special significance and scientific novelty to the theoretical work and practical implementation of answers to the issues of the state border policy and their development.
The decisions took to resolve territorial disputes between republics of the former USSR and their neighbors gave border policy of sovereign Kazakhstan implementation as a part of its foreign policy strategy. The most difficult challenge was the absence of legally and internationally recognized borders. In accordance with the Agreement establishing the Commonwealth of Independent States of December 8, 1991 and the Almaty Declaration of December 21, 1991, the administrative
LAND BORDER DELIMITATION OF REPUBLIC OF KAZAKHSTAN: PRACTICAL KNOWLEDGE OF BORDER POLICY FORMATION
borders between the former republics that were formed at the time of the collapse of the USSR were recognized as state borders. The next stage was the legal recognition of the border by the means of a system of bilateral treaties and agreements in accordance with international standards.
Apart from the issue of state borders with CIS-member states, Kazakhstan also faced the most complex issue of the state border with China, which was inherited from the USSR. The disputed territory consisted of several disputable sections of the border, with a total area of 844 square kilometers. The negotiations were also attended by representatives of the Russian Federation, Kyrgyzstan and Tajikistan and lasted more than two years. The dispute was finally resolved in September 1996 with ratification of the China-Kazakhstan state border treaty. As a matter of fact, in this negotiation process Kazakhstan, having no theoretical conceptual provisions of its border policy, was forced, based on the personal positions and opinion of President Nursultan Nazarbayev, to develop its foundations in practice right away. A compromise decision was taken on the disputed territories: 53% went to Kazakhstan, 47% - to China. "For the first time, as Nursultan Nazarbayev said, in the history of Republic of Kazakhstan, the legal and recognized by China border was established - a border that signifies peace and cooperation" [3, 315].
It is worth noting that the signing ofthis treaty, as well as the Supplementary Treaties of 1997, 1998 on the China-Kazakhstan border, received an ambiguous evaluation among political scientists, experts in ethnopsychology and various public and political figures. Supporters saw this as an act the elimination of the possibility of territorial conflicts and a solid foundation for long-term mutually beneficial prospects for cooperation between Kazakhstan and China in all fields. "Nevertheless, opponents saw those concessions as a betrayal of national interests, a violation of the Constitution of Kazakhstan and a dangerous precedent that could be exploited by neighboring states in territorial disputes" [4]. It is surprising, but the process of delimitation between republics of former Soviet Union was a longer one and it lasted for more than 13 years.
The State Border Act of the Republic of Kazakhstan, adopted in January 1993, noted in article 2: the Border Policy of the Republic of Kazakhstan (redrawn in 2002 and 2007) that "the Republic of Kazakhstan ... is guided by the security objectives ... by the interests of mutually beneficial all-round cooperation with adjacent states, the principles of peaceful, non-violent resolution of border disputes" [5].
The Memorandum on the Maintenance of Peace and Stability in the Commonwealth of Independent States adopted at the Almaty Summit in February 1995 confirmed the common willingness of the participating states to respect the territorial integrity, inviolability of borders, and to stop any manifesta-
tions of separatism, nationalism, chauvinism and fascism. The delimitation of the Kazakhstan-Kyrgyzstan and Kazakhstan-Turkmenistan borders were established on the basis of the administrative-territorial division that has been preserved since the times of the USSR. The following documents were signed in 2001 in Astana: on July 5 - Kazakhstan-Turkmenistan border treaty; on December 15 - Kazakhstan-Kyrgyzstan border treaty.
The process of delimitation of the southern border with Uzbekistan was not as easy. 96% of the border line of Kazakhstan-Uzbekistan border was established by Kazakhstan-Uzbekistan border treaty signed on November 16, 2016 in Astana. The decision on the territorial allegiance of four disputed areas was hampered by pressure from the Kazakhstan media and opposition on the issue of Turkestanets and Bagys settlements, located on the border with the South Kazakhstan Region with the predominant majority of the Kazakh population. The Treaty on certain sections of the interstate border, signed on September 9, 2002, put an end to the disputed issues and demonstrated the diplomatic skills of the staff of the Kazakhstan and Uzbekistan Foreign Ministries. "... Bagys settlement with the adjacent territory, as well as the Arnasay Dam, joined Kazakhstan (Uzbekistan received equivalent in territories), Turkestanets and three settlements with predominant Uzbek population located at the junction of the Kyzylorda Region and the Republic of Karakalpakstan joined Uzbekistan" [4; 3].
The most time consuming process was the process of Kazakhstan-Russia land border delimitation, which took more than 50 rounds of negotiations to sign the treaty. It was primarily due to the length of border. Secondary, former administrative border between Kazakh Soviet Socialist Republic and Russian Soviet Federative Socialist Republic was more schematically drawn than similar borders of Kazakhstan with Kyrgyz, Uzbek and Turkmen Soviet Socialist Republics. This created disputable areas on the borders of the Chelyabinsk and Kostanay regions, the East Kazakhstan region and the Altai. The negotiation process that began in August 1999 has been resolved on January 18, 2005 by signing of Kazakhstan-Russia border treaty.
The delimitation process of land border of Kazakhstan (no treaty on division of Caspian Sea was signed) and neighboring CIS-member states ended by legal confirmation on August 26, 2005 of Concept for Border Policy Coordination amongst the States of the Commonwealth of Independent States, which is based on fundamental principles of mutual respect of state sovereignty, equality and territorial integrity, inviolability of State borders, and the peaceful settlement of border disputes, full cooperation in security and protection of state borders of CIS-member states, respect for human and civil rights and
freedoms, full cooperation in security and protection of state borders of CIS-member states, recognition of the importance of cooperative decisions in the protection of state borders, an integrated approach to the implementation and protection of state interests in the border areas of CIS-member states [6].
The legal basis of the Concept was formed with use of universally recognized norms and principles of international law, international treaties and agreements on state borders concluded by the CIS-member states, and their national legislation.
The cooperative border policy in the document was defined as part of the domestic and foreign political agenda of the CIS-member states, strategically aimed at creating an integrated border security system, prevention of actions against territorial integrity and sovereignty, in security and protection of state borders, of common and national priorities, ensuring security in all levels - personal, social and state, development of all around mutually advantageous cooperation in border areas. For this purposes, it was decided to "implement a set of political, diplomatic, operational, military, regime, legal, administrative, financial, border, law enforcing, social and other measures" [6; 4].
For the first time in diplomatic practice, the main directions of the coordinated border policy were clearly defined and concretized, conditioned by the prevailing at that time dominant domestic and foreign policy challenges and threats to national security at the regional and state levels [6; 5].
Consequently, the adoption of the Concept for Border Policy Coordination completed the process of legal establishment of complete Kazakhstan land border along its entire perimeter and its demarcation began. The importance
of this cannot be overestimated; President of Kazakhstan Nursultan Nazarbayev wrote in his book "Era of Independence": "not all of newly emerged independent states could do it, not all of them established mutually confirmed borders" [3, 296].
The institutional establishment of the state border has become an external goal of the internal state of polyethnic Kazakhstan, which respects the need for free expression of will. It is said in an old legend of the time of Modu Chanyu's rule: when the ruler of another tribe demanded from Modu his favorite horse and one of his concubines, he ignored the protests of his advisors and gave in to demands, explaining that no horse or concubine is more important than peace with neighbor. However, the ruler saw a weakness in this and sent a messenger to Modu, declaring that the abandoned land which belonged to Xiongnu and lied between the chains of mutual border posts is not used by Xiongnu and should be given to him. Modu asked his advisors on the matter and they told him, that this land is not used and can be given or not to this ruler. Modu said in extreme anger: "Land is the foundation of the state: how can you give it away?" All who advised to give up the land were beheaded [7].
This parable reflects the sacred attitude of nomadic tribes of the old to the land. Today, thanks to Kazakhstan's well-balanced border policy, a zone of good-neighborliness and security has been created in the region and relations with neighboring states have a solid foundation of the norms of internationally recognized treaties, non-military settlement of disputes and conflicts, parity of long-term priorities in the name of peace and prosperity.
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