Transnistria has no right to external self-determination - international report
https://www.ipn.md/index.php/en/transnistria-has-no-right-to-external-self-determination-international-report-7965_960407.html
Transnistria has no right to external self-determination or secession, the results of this region’s privatization can not be recognized and Russia is responsible of maintaining the separatist crisis and its consequences. These are the conclusions drafted by American jurists in the report “Unfreezing a frozen conflict: aspects of the Transnistrian separatist crisis” presented on Tuesday, July 18 in Chisinau.
According to the conclusions, secessions can be accepted in case when a people are oppressed and there are no other options to protect their rights. In light off these rules, the so called Moldovan Nistrean Republic (MNR) did not presented a sufficiently persuasive case to request the right to external self-determination or secession. As a consequence “the control of MNR over the Transnistrian region of Moldova is a de facto regime and can be considered as an occupation regime. Under these conditions, MNR is legally limited in its actions on the territory it administrates”, the authors of the report told.
As well, the experts consider that the privatization program on the left side of Nistru River can not offer to investors the guarantee that the transactions will be recognized in case this territory will be reintegrated in the composition of Moldova.
The report also shows, referring to the Russian munitions and militaries staying on the territory of Moldova, that the stationing of troops on the territory of other country when the host-country solicits their withdrawal is not allowed. Russia’s actions in the context of the Transnistrian situation, particularly the interventions of the 14th Army in favor of separatist, continuous military assistance offered to Transnistria, economic support and negotiation on the behalf of MNR, using prices for energetic resources and other lavers against Moldova generate truthful accusations of Russia’ state responsibility in maintaining the separatist crisis and its consequences. Similarly, in light of Russia’s experience, the participation of Ukraine in the conflict must be monitored closely, the authors state.
According to them the Transnistrian conflict comes in a moment full of dangers and promises. “The danger comes out of the attitudes that will occur as a result of the recent events, leaving no place for a “slow landing” or “compensation options”, according to which Igor Smirnov will receive enough money to leave. The promise present in this situation is that a “negotiated process of reintegration (for Transnsitria) will be used as a model for the reintegration of South Osetia, Abkhazia and Georgia”, the experts state. In this case, the role of law in the international politics is to assist the peaceful settlement of the disputes and the first step is to examine the strong and weak points of each side, is said at the end of the report.
Present at the conference, the speaker of the Parliament Marian Lupu declared that this document offers a new vision over the Transnistrian conflict, seen through international law. According to the speaker, the situation of Moldova is a special one because the European integration must be fulfilled only through country’s reintegration.
According to the Minister of Reintegration, Vasilli Sova, the conclusions of the report can be used within the further negotiations on the Transnistrian problem. And the head of the Public Policies Institute, Arcadie Barbarosie declared that the report is a legal ground for the settlement of the Transnistrian conflict.
The report was prepared and presented by the New York Bar Association. The authors, Mark A. Meyer, the chairman of the Committee for European Affairs within the Bar Association of new York State, as well as Christopher J. Borgen, teacher at the Law University School “St. John” participated in the presentation. Also the representatives of diplomatic mission, international organizations accredited in Moldova as well as representatives of the civil society participated in the event.