COUNTRY REPORT: MOLDOVA BORDERS Subtitle: Critical overview of borders and policy in the Republic of Moldova. Author: Octavian îcu, Free International University of Moldova Keywords: Borders, Moldova, EU eastward enlargement Contents 1. Introduction to the problem 2. Historical background to modelling Moldovan borders 3. Historical Boundaries – Soviet Boundaries 4. Research and literature on post-Soviet borders in Moldova 5. Borders and neighbours 6. Border regimes and EU neighbourhood policies in Moldova 7. Conclusions: borders and the new political scene after 2009 8. Bibliography …1 …2 …3 …6 …10 …14 …20 …21 1. Introduction to the problem The Republic of Moldova was never an independent political entity until 1991. Its fate was inextricably linked to that of the Romanian Principalities, the Ottoman Empire, the Russian Empire, Romania and, more recently, the Soviet Union. Prior to 1812 the current territory of Moldova was part of the Romanian Principality of Moldova, the emergence of which is dated to 1359. After the Russian-Ottoman war of 1806-1812 and for most of the nineteenth century until 1917, Moldova – known as Bessarabia – was part of the Russian Empire1. At the same time, the core of the Romanian Principality of Moldova joined Wallachia in 1859 to form the Romanian modern state. After World War I, Bessarabia was returned to Romania and for 22 years it was part of the Romanian state. Bessarabia came under the Soviet sphere of influence following the Molotov-Ribbentrop Pact of 1939. Soviet troops invaded and occupied the territory in 1940 and on 2 August 1940, the Soviet Union created the Moldovan Soviet Socialist Republic (SSR), which was a result of joining occupied Bessarabia with the Moldovan Autonomous SSR, which had existed since 1924 within the 1 The Paris Conference of 1856 decided to return the southern part of Bessarabia to the Principality of Moldova, but the Berlin Congress of 1878 returned it to the Russian Empire. 1 Ukrainian SSR. Romania retook the territory during World War II in 1941 but lost it again when it was re-occupied by the USSR from 1944 to1991. These territorial and political fluctuations, together with the peripheral position that it had within the states that it found itself, have strongly affected the evolution and stability of Moldova in the twentieth century and especially after 1991. These changes in the geographical and political landscape often have been portrayed as the constant shift from West to East and back, but in fact the clash over this territory is the very specific confrontation between Romanian nationalism, which wanted its lost children to ‘return home’, and Russian/ Soviet imperialism, which was driven by geopolitical considerations to control Moldova. This confrontation has left a particular legacy for the current political and national physiognomy of the Republic of Moldova and the issue of borders and identity basically are the main problems of its postindependence history. Since Soviet-era boundaries are the main foundations upon on which the newly-independent Moldova has to build its new political and national identity, an analysis of the effect of Soviet nationality policy in the Moldovan SSR is helpful to understand current realities in the Republic of Moldova. 2. Historical background to modelling Moldovan borders The current Republic of Moldova was a part of the Soviet Union for almost 50 years (even more for some parts), the first state in history to be formed out of ethno-political units. The USSR confronted growing nationalisms by systematically promoting the national consciousness of its national minorities and by creating for many of them the institutional forms specific to nation-states (Martin 2001; Suny 1993; Slezkine 1994). The logic and content of Soviet nation-building policy has been identified elsewhere and is widely accepted to be focused mainly on four attributes of national form: the creation of ethno-national territories; linguistic indigenisation; the creation and promotion of native elites; and support for minority culture. T. Martin considers the term ‘Affirmative Action Empire’ to best distinguish the Soviet Union from other alternative types of states, including empires (2001, 2-18). Despite the similarities in the implementation of nationality policy across the Soviet state, one must admit that there was a notable difference between the indigenisation policy for non-Russians in the interwar period and that of the post-war 2 period in the newly-acquired territories of the Baltic States, western Ukraine and Belarus, and the newly-created Moldovan SSR. Since the populations of these territories previously experienced either independence or other forms of state/ nationbuilding that had strengthened the sense of national identity, they were faced by the opposing force of Soviet nationality policy. In their cases, from the very beginning, it was about ‘destroying’ rather than ‘constructing’, in contrast to what happened in the Soviet republics during the 1920s, after which the stages of their indigenisation was focussed on ‘sovereignty’ rather than on identity-building. The case of the Moldovan SSR was exceptional amongst the western Soviet republics in that Soviet identity-building aimed to create a nation when little sense of nationhood existed, except in the sense of regionalism within the Russian Empire or Greater Romania. At this point the case of Moldova was more similar to that of the republics of Central Asia at the beginning of the indigenisation programme in the 1920s (see on this point Akiner 1997; Pipes 1964), making it distinct from the other western republics of the Soviet Union that already had a strong sense of identity. In other words, the ingredients for the indigenisation policy – the creation of a national territory, linguistic indigenisation, the forging of elites and national culture – as invoked by the architects of Soviet nation-building policies, were promoted in Soviet Moldova in order to stress ‘Moldovan’ primordialism and its distinctiveness from Romania. In this case, according to George Schopflin’s typology (1993, 28-30), one looks at the Baltic States as traditional societies, which despite the Soviet experience, preserved what they could from the past, but changed in unperceived ways due to Sovietisation; Moldova, however, is a society brought into being by the Soviet Union, which owes its physical creation, political status and even ethnic identity to Soviet nation-building policies. 3. Historical Boundaries – Soviet Boundaries The Soviet understanding of nationhood was firmly based on the Stalinist linkage between nationality, territory and indigenous political elite. It also is a well-known fact that building upon Stalin’s own definition of nation, the Soviet authorities promoted the idea that nation was fixed to territory. The major ethnic groups were assigned their officially-recognised territories that were organised into an elaborate 3 administrative hierarchy of ethnic stratification, in which the fifteen Soviet Socialist Republics (SSRs) represented the highest rank of statehood accessible to a Soviet nationality (Motyl 1992, 33-35). Even though scholars of Soviet nationality policies assert that the ‘Piedmont Principle’ was not a major motivation, they admit that in a single exceptional case –that of the Moldovan Autonomous SSR – this principle was the main reason for the creation of a SSR (Martin 2001, 9, 274). Since the Soviet Union never recognised the Romanian annexation of Bessarabia after World War I, the Soviets put great pressure on the Romanian authorities through the organisation, training, and financing of subversive activities in Bessarabia. This pressure peaked with the creation of the Moldovan ASSR inside the Ukrainian SSR in 1924, in what V. Zatonsky called “our own Moldovan Piedmont” (Martin 2001, 274). Despite its small size and its dubious Moldovan ethnic character, as Moldovans represented 31,6 per cent of the population while Ukrainians were 49, 6 per cent2, the newly-created administrative unit received the status of autonomous republic because of the future political perspectives of Moldova, i.e. the eventual annexation of Bessarabia. For the same reason, despite a protest by Romanian communists, a distinct Moldovan literary language was established and a separate Moldovan national identity was cultivated in the Moldovan ASSR (King 2000, 36-62). The Moldovan Soviet Socialist Republic was created by the Supreme Soviet of the USSR on 2 August 1940, allegedly through the initiative of the majority working people of the region (Repida 1977, 246-247). Roughly speaking, the creation of the Moldovan SSR was the result of the joining together of historical Bessarabia and the Moldovan ASSR, but not in their integrity – only six of the original thirteen districts (raiony) of the ASSR were annexed by the SSR. As usual the Soviets did not follow any ethnic, historical or cultural logic in the creation of the new republic, but only strategic considerations. As a result three counties of historical Bessarabia (Cetatea Alba, Ismail and Hotin), were annexed to the Ukrainian SSR in exchange for parts of the Moldovan ASSR (Sed’maia 1940, 183). Besides the idea of destroying the historical integrity of Bessarabia, the Soviet officials’ strategies included securing the USSR’s access to the Danube River – through a reliable Slavonic republic – and making the Moldovan SSR a landlocked entity. It is undeniable that Ukrainian communist officials influenced this Soviet policy, 2 According to the Soviet census of 1926 (Vsesoiuznaia 1928, 24). 4 both in terms of the Soviet ultimatum of 26 June 1940 concerning Bessarabia, the terms of which claimed the province from Romania on the basis of its Ukrainian majority (Pactul Molotov Ribbentrop 1992, 17-18), and due to the Piedmont Principle. Khrushchev proposed to the Central Committee of the Communist Party of the Soviet Union that the new Moldovan SSR would be created through the unification of the “…Moldovan population only” and not through a merge of the territories of Bessarabia and the Moldovan ASSR (Aspects des Relations Russo-Roumains 1967, 163; Lazarev 1974, 524). With Bessarabia’s new borders, this disputed territory that formerly lay between the Nistru and the Prut Rivers ceased to be a single unit precisely because it was expected that this would complicate any future attempt to return the area to Romania. In lasting terms, the unification of Bessarabia and Transnistria – or the ‘left bank’ and ‘right bank’ of the Nistru River – two distinct entities that had never existed before as a common entity, was fateful for the further evolution both of the Moldovan SSR and the Republic of Moldova. Economically- and demographically-speaking, Soviet Moldova gradually developed as two republics in one: a largely rural, agricultural and indigenous Moldovan in Bessarabia, and a more urban, Slavonic, and largely immigrant population in Transnistria working in Soviet-style heavy industry (King 2000, 100). Most of Moldovan industry operated as an appendix of the great Soviet enterprises located in Transnistria, which was producing 1/3 of Moldova’s industrial output. Besides the inherent distortion in the ethnic balance in the Moldovan SSR, this peculiar Soviet industrial policy generated the long-lasting foundations of future Transnistrian separatism. On 2 September 1990, the region, supported by Moscow, proclaimed itself an independent entity – the Pridnestrovian Moldovan Republic (PMR) and ceased to take orders from the central government of the Republic of Moldova. Regarding the creation of the Moldovan SSR, the first manifestation of ‘Moldovan’ patriotism by the local communist elites occurred in February 1946 when the Secretary of the Central Committee of the Communist Party of Moldova N. Salagor, the Head of the Council of Ministers N. Coval, and the Head of the Supreme Soviet of the Moldovan SSR F. Brovko addressed a letter to Stalin arguing against the annexation of the three Bessarabian districts to the Ukrainian SSR by invoking historical, economic, linguistic and cultural arguments. This demand, however, was never realised ( îcu 2010a, 14). 5 There is evidence that at that moment amongst Moldovan elites existed the idea of creating a unified Soviet state for Moldovans, including the territories of historical Moldova up to the Carpathians and including Bukovina with Cernauti, i.e parts of Romania and the Ukrainian SSR (Ca u 2000, 51-52). The idea of ‘Greater Moldova’ supported both the legitimisation of Bessarabia’s annexation from Romania and the justification of using the symbolic markers of ‘Moldovan Soviet primordialism’ shared also by Romania. Ironically, the idea of ‘Greater Moldova’ reappeared after the Republic of Moldova achieved independence, but this time it was pushed ahead by Chi in u in order to prevent any eventual Romanian suggestions of the Romanian character of the country. Nevertheless the most important fact is that the Soviet Union had created for the Moldovans, as Ronald G. Suny (1993, 111-112) has argued for other Soviet republics, a territorial nation with is own state apparatus and ruling elite that had the symbols of any sovereign state, with a national flag and seal, but without real sovereignty or the right to full political expression. In this sense, for the first time the ‘imagined community’ of Moldovans took both physical form and political meaning during the Soviet period. Having secured sovereignty following the collapse of the Soviet Union, the Republic of Moldova now has been embarking upon state and nation-building. When evaluating the present complex realities in Moldova in terms of its borders and identity, we should bear in mind that Moldova’s sense of state and nation and the nature and form of its post-1991 state and nation-building is bound up with its place, real and imagined, within the Soviet Union. In fact, the Republic of Moldova is a society brought into being by the Soviet Union, and it owes its physical creation, political status and even ethnic identity to Soviet nation-building policy. Soviet-era forms are the main foundation upon which independent Moldova has to build its new political and national identity. 4. Research and literature on post-Soviet borders in Moldova Starting from this historical aspect, there are three perspectives in approaching the issue of borders in the Republic of Moldova, each of which have its supporters in politics, academia, media, NGOs and the public. These trends will be accordingly presented in the following sections of this report. The first perspective is one of Romanian orientation, which sees the Republic of Moldova as the second Romanian 6 state and its history as part of the general history of all Romanians. According to this point of view, the current borders of the Moldovan state were shaped as a result of Russian imperial policy, which annexed Bessarabia in 1812, and then by Soviet expansionist policy during and after the Second World War. Supporters of this approach, who are located both in Romania and the Republic of Moldova, view the geographical and political modelling of borders a policy promoted by the Soviet Union, which together with ‘anti-Romanism’ and Russification was part of Moscow’s arsenal to denationalise the Romanians in the Moldovan SSR. From this perspective, the resistance of Romanians in the Moldovan SSR to these policies and the disintegration of the Soviet Union made it impossible to incubate ‘Moldovenism’, and the majority population of the republic managed to preserve its attachment to the Romanian language and identity. As a result, the independence of the Republic Moldova3 was seen as a step towards re-unification with Romania, following the German path of re-unification. Very powerful in the late 1980s – early 1990s, the arguments of the Romanian-oriented leaders were reflected in the Independence Declaration of the Republic of Moldova adopted on 27 August 1991, which proclaimed the independence of the Republic of Moldova from the Soviet Union, condemned the annexation of Bessarabia by the Russian Empire in 1812 and by the Soviet Union in 1940 and proclaimed the Romanian character of the new state (Legea privind Declara ia 1991). This position lost its political force after the 1992 war in Transnistria, but remained powerful amongst intellectuals and large segments of population, who identify themselves as Romanians and are best represented by the slogan ‘Bessarabia is Romanian land’ (Basarabia - p mânt românesc). The proponents of this orientation perceive Russia (and the Soviet Union) as the ‘historical enemy’ and as the main threat to the independence and territorial integrity of the Republic of Moldova. At the same time, the supporters of this position are very critical of the ceding of the former territories of Bessarabia to the Ukrainian SSR and sometimes articulate arguments to exchange Transnistria – which in their perspective never was a part of the Moldovan historical state – for the southern and northern part of Bessarabia, which currently are a part of Ukraine. 3 Romania was the first state to recognise the independence of the Republic of Moldova. 7 This political current became powerful both politically and intellectually again in the context of the changing political landscape in the Republic of Moldova after the 2009 parliamentary elections and street riots, which led to the overthrow of the Party of Communists’ government and the bringing to power of the democratic Alliance for European Integration. Union with Romania is no longer relevant for the supporters of this ideology, but the idea of union with Romanians within the European Union through Moldova’s eventual EU membership has gained elaboration and support. The proponents of this political current are situated both in Romania and the Republic of Moldova and amongst representatives of the Romanian intellectual diaspora in the West as well. The most important research articles on the peace treaties, agreements and conflicts over borders as elaborated by representatives of this trend include: Agachi 2003; Agrigoroaei 1993; Agrigoroaiei 2007; Bruhis 1992; Buga 2002; Bulat 1991; Bulat 2002; Calafeteanu 1995; Chicu 1992; Chirtoag 2007; Dabija 2007; Enciu 2003; Ieremia 1992; Ionescu 2002; Mischevca 1999; Moraru 1995; Moraru 2009a; Moraru 2009b; Po tarencu 1998; Po tarencu 2006; 1994; canu, E. 1999; canu, I. 1995; canu, I. 1993a; canu, I. 1998; canu, I. 1993b; canu, E. canu, I. 1994; canu, I. 2007; îcu 2004; îcu 2010a; urcanu 1998; V ratic 2000. The main studies in state-making and nation-building developed by the Romanian-oriented historians include: Be leag 1996; Ca u 2000; Cojocaru 2009; Dabija 2002; Frunta u 2002; Negru, E. 2000; Negru, Gh. 2000; Olaru-Cemîrtan 2006; Olaru-Cemîrtan 2007; Pasat 2000; Petrencu 2004; Postic 1997; Stavil 1996; canu 1994; canu 1997; îcu 2007; îcu 2008a; îcu 2009a. The second political trend in borders and state/ nation-building is a ‘Moldovan’ one, which was formed in the context of the interwar period by the Soviet ideology and propaganda machine and gained consistency in the post-war period, becoming an official party line in both the Soviet Union and the Moldovan SSR. In this thinking, Moldovans and Romanians are two different peoples who speak two different languages, and their histories, even if they intersected in time, had different paths that started from their ethnogeneses. Considered historically ‘dead’ when the Soviet Union collapsed, this trend has found a new usefulness in Moldova’s independence period, especially under Communist Party rule (2001-2009), justified in the name of 8 Moldovan statehood4. Post-Soviet ‘Moldovenism’ almost became state policy under Communist rule when it restored most of the historical arguments generated in the Soviet era that promoted the idea that the existence of Moldovan statehood in itself is an argument for its justification. According to this idea, the Republic of Moldova traces its history from the mediaeval Moldovan Principality of 1359 and all consecutive changes left a particular legacy on the modelling of borders. The supporters of the ‘Moldovan’ political current usually blame Romania for its ‘imperialist’ view of Moldova and consider Russian/ Soviet influence as positive. The proponents of this thinking especially are critical of Romania’s hesitation to sign a basic border treaty with the Republic of Moldova. The Romanian authorities consider the treaty a consequence of the historical injustice that resulted from the SovietGerman pact of 1939, while the Moldovan authorities (especially the Communist governments of 2001-2009) perceive this reluctance as Romania’s ‘hidden agenda’ to re-take its historical province. The historians who support this orientation have been encouraged by the Moldovan government especially after 1994, when ‘Moldovenism’ has been defined, but it has also connections to the Russian Federation, which is very sensitive to the idea of ‘union’ between the Republic of Moldova and Romania. Amongst the most important ‘Moldovenist’ publications on borders and state/ nation construction can be mentioned: Moldovan 1993; Stati 2000; Stati 2001; Stati 2002; Stepaniuc 2004; Stepaniuc 2005. For a critical view and perspective on these two trends, see: Ca u 2000; King 2000; Frunta u 2002; îcu 2008a. The third perspective on the issue of borders and on the Moldovan state as a whole comes from the eastern part of Moldova, where a consistent majority of Russians control Transnistria and consider themselves integrally as part of the Russian political and cultural world. ‘Transnistria is Russian land’ (Pridnestrovie – russkaia zemlia) is representative of their view, regardless of the fact that Moldovans/ Romanians represent one third of its population, as well as another third are Ukrainians. The emergence of the Moldovan Transnistrian Republic (Moldavskaia Pridnestrovskaia Respublika – PMR) on 2 September 1990, was realised with the 4 The ‘Moldovan’ trend began in the interwar period in the works of C. Rakovski, B. Dembo, L. Alecsandri, acquired consistency in the Soviet Union after 1944 (N. Derjavin, M. Serghievski, A. Borschiv, B. Serebrenikov, A. Udal ov, L. Cerepnin, etc..) and the Moldovan SSR (I. Ceban, A. Grecu, A. Borschiv, N. Nar ov, N. Mohov, A. Lazarev, V. Taranova, A. Surilov, B. Kolker, I. Kopanski, V. Levit, S. Afteniuk, S. Brîseakin, A. Repida, D. Ursu, etc.) and continued in post-Soviet Moldova with the works of V. Stati and V. Stepaniuc. 9 powerful support of the Soviet centre and later with that of the Russian Federation, led to a war and to the division of the Republic of Moldova into two parts. Both parts (the Republic of Moldova and PMR) consider the conflict as a war for independence and integrity: Chi in u from the Russian Federation and Tiraspol from the Republic of Moldova. Within this point of view that is basically outside of Moldovan control, the authorities from Transnistria have developed a particular perspective on the issue of borders and the Moldovan state. The origins of the Transnistrian state is dated to 1924, when the Soviet Union created an Autonomous Republic of Moldova within the Ukrainian SSR. Never being a part of the Moldovan mediaeval state, the Transnistrian regime rejects the historical connection to the Republic of Moldova, even though it has occupied the city of Bender that is located on the right bank of Nistru River, i.e. in historical Bessarabia, and pretends to be the ‘genuine’ successor to the ‘Moldovan Soviet State’ created in 1924. The authorities of the PMR insist on independence and see no future in a united Moldovan state, cultivating at the same time the idea of a distinct ‘Transnistrian people’ (Pridnestrovskii narod), a melting pot of Moldovans, Russians and Ukrainians, each ethnic group constituting around one third of the population. The representatives of this political current see the Republic of Moldova and Romania (but occasionally Ukraine as well, especially after the 2005 Orange Revolution victory and pro-European policy of Ukraine) as the main threat to their integrity and border security, and consider the Russian Federation as the only supporter and guarantor of their existence as state. Amongst the most important representative research and literature of the Transnistrian idea related to borders and state-/ nation-building are: Babilunga 1993; Babilunga 1997; Babilunga 1998; Babilunga 2007; Galinsky 2005; Galinsky 2006; Grosul 2000-2001; Guboglo 2001; Smirnov 2000; Volkova 2005. 5. Borders and neighbours 5.1 States with interest in Moldova’s borders The Republic of Moldova’s borders are a subject of interest from three states. Two of them – Romania and Ukraine – are its immediate and only geographic neighbours, while the Russian Federation manifests interest towards the Republic of Moldova when invoking the historical past and the presence of the large Russian minority, but 10 in fact its attitude is determined by ‘Great Power’ geopolitical considerations. At the same time, there are two other important entities that have expressed their interest in the issues of the borders and future of the Moldovan state – the European Union and the United States of America. 2.2 Romania Romania was the first state to recognise the independence of the Republic of Moldova on 27 August 1991. The Romanian government considered the independence of Moldova a “…proclamation of an independent Romanian state on the territories forcibly annexed as a result of the secret agreements established as a result of the Moldotov-Ribbentrop pact and a decisive stept towards the peaceful solving of its fateful consequences that turned against the rights and interests of the Romanian people” (Rela iile politico-diplomatice moldo-române 1991). The most important issues regarding the border regime between the Republic of Moldova and Romania during the period after 1991 were the negotiations relating to the Basic Political Treaty, European integration, negotiation of the border agreement, the facilitation of human and transport circulation across the border, customs cooperation and the creation of common free economic zones. The Treaty of Partnership and Co-operation signed on 28 April 2000 stressed the special character of relations between the two countries, based on the common historical past and cultural and linguistic community, but engaged Romania to maintain the unity and integrity of the Moldovan state (Chirila 2009, 10-40). The good evolution of relations between Romania and Moldova and between Romania and Ukraine led to the creation of two Euro-regions – the Lower Danube (1998) and Upper Prut (2000). However, the two governments have not succeeded in signing a Basic Political Treaty, which left unsolved the question of the border between the two countries. After the Party of Communists came to power (2001-2009), the issue of the treaty and border became crucial in the relations between Moldova and Romania. Romania considered it ‘dead’ and the border a consequence of the ‘unjust aggressive Molotov-Ribbentrop Treaty’. Moldova’s President Voronin considered Romania the last ‘empire’ in Europe and denounced “the Romanian hidden agenda regarding the Moldovan state” (Pre edintele Vladimir Voronin 2003) to the international community. Romania maintained its attachment towards the principle of ‘one nation – two states’ and considered the signing of a border treaty as ‘outdated’ 11 at the European level (Chirila 2009, 25). At the same time, during this time Chi in u insisted on the ‘two states – two nations’ principle. In the context of radical political change after the 2009 parliamentary elections, the newly-created Alliance for European Integration (AEI) succeeded in signing in November 2010 the agreement concerning the border with Romania, but not the Basic Political Treaty (România i Republica Moldova 2010). The agreement was favourably met by European Union officials, and President of the European Commission Barosso considered it an example of “...how things could work when there is mutual interest and understanding” (Barroso salut 2010). The most important works on the border and territorial issues between the Republic of Moldova and Romania are: Chirila 2009, 10-40; Ciurea 2010; Cojocaru 2001; Pîntea 2006; Prohni chi 2002; Negru 1997; Noile frontiere în Europa 2004. 2.3 Ukraine The relations between the two new independent states started in 1992 with the signing of the Treaty of Good Neighbourhood, Friendship and Collaboration. The most sensitive problems in the relations between Moldova and Ukraine are the Transnistrian issue and security on the eastern border of Moldova as result of the Transnistrian problem, and the issue of delimitation and demarcation of the borders as a whole (Boian 2009, 40-48). Until a new border treaty between the two countries was signed between the Republic of Moldova and Ukraine, the existing border between the Moldovan and Ukrainian SSRs was accepted as the bondary. The border agreement was signed on 18 August 1999 in Kyiv and immediately started the process of delimitation, which was to be followed by the process of demarcation (Tratat 1999). The most complicated problem in this process was related to the ceding to Ukraine of seven kilometres of the Odessa-Reni road near Palanca village in return for almost one kilometer of Danube River access. As result of the border agreement, in July 2001 this territory passed to Ukraine and was considered Ukrainian property on the territory of the Republic of Moldova (Parlamentul 2001). After the EU became involved in the settling of the Transnistrian issue, the Memorandum of Understanding on the EU Border Assistance Mission to Moldova and Ukraine (EUBAM) was agreed in October 2005 and was officially launched on 1 December 2005. EUBAM works very closely with the EU’s Special Representative for Moldova and aims to prevent smuggling, trafficking, and customs fraud from the 12 Transnistrian region by providing advice and training to improve the capacity of the Moldovan and Ukrainian border and customs services (Misiunea 2005). Ukraine is also involved in the ‘5+2’ negotiations regarding the settlement of the Transnistrian problem and former President Iuschenko initiated a plan for the democratisation of the regions of the left bank of Moldova as a precondition for their reintegration with the Republic of Moldova – the so-called ‘Plan Iuschenko’ (Boian 2009, 45). The territorial problems and border issue between the Republic of Moldova and Ukraine are examined in Barb ro ie 2005; Berbeca 2010a; Berbeca 2010b; Boian 2009; Osoianu 2009; Pîntea 2006; Prohni chi 2002; Noile frontiere în Europa). 2.4 Russian Federation In the context of post-Soviet politics, relations between the Russian Federation and the Republic of Moldova are marked by many contradictions. On one side, Russia officially supports the territorial integrity of the Republic of Moldova and officially is involved in the ‘settlement’ of the Transnistrian conflict. At the same time, Moscow is the main supporter of the separatist regime in Tiraspol and provides the Pridnestrovian Moldovan Republic political, economic, financial and military aid ( îcu 2008c, 162). Russia initiated two plans for maintaining the territorial integrity of Moldova both having the fixed idea of federalising the Republic of Moldova, with Chi in u and Tiraspol as equal centres, thus creating an instrument to influence and pressure the Republic of Moldova and maintain its military bases in Transnistria. The first plan was the ‘Primakov Memorandum’ (Memorandum ob osnovakh… 1997), signed in 1997 and the second was the so-called ‘Kozak Memorandum’ (Vrabie 2009, 83) that was supposed to be signed in 2003, but was rejected by Moldova’s communist government as a result of massive protests and external pressure. The interests of the Russian Federation in Transnistria are determined by the following considerations: a) to maintain the strategic position of the Russian Federation in South-Eastern Europe; b) to defend the interests of the Russian population and other nationalities in Moldova that consider Russia as their historical motherland; c) to maintain the strategic links with the economic enterprises of Transnistria, many of them being unique within the military-industrial complex; d) to solve the conflict in the interest of Russia’s own stability and the consolidation of 13 Russia’s relationships with the states of the ‘Near Abroad’ having a Russian minority; e) to establish stable and predictable relations with Romania and to prevent the growth of its nationalist influence on Moldova (Bezopasnosti 1994, 52-54). The issue of territorial integrity is used by the Russian Federation to influence policy-making in the Republic of Moldova, but at the same time the Transnistrian issue is part of the ‘Great Power Game’ between Russia, the European Union and the USA. For details on the Russian Federation’s implication in the Transnistrian conflict and in the territorial issues of the Republic of Moldova from a Moldovan perspective, see Cebotari 2007; Chirtoac 2001; Cojocaru 2000; Cojocaru 2001b; Gheorghiu 2005; Grecu 2004; Gribincea 1998; Gribincea 1999; Mînz rari 2009; Prohni chi 2002; Nantoi 2003; Serebrian 2003; îcu 2007b; îcu 2008c; îcu 2009a; îcu 2010b; Vrabie 2009. The Transnistrian (Russian) perspective on these issues is found in the works of Babilunga 2007; Babilunga 1998; Galinsky 2006; Grosul 2000-2001; Guboglo 2001. 6. Border regimes and EU neighbourhood policies in Moldova 6.1 General background of EU-Moldova relations Since 1991 EU-Moldova relations have evolved in a very complicated international environment determined by the end of the Cold War. The Soviet Union suffered a great internal transformation that resulted in its disintegration; fifteen Soviet republics emerged as sovereign and independent states. At the same time the fall of the communist regimes in Eastern Europe and German reunification brought a profound transformation of the political and even territorial architecture of Europe. The European Community faced a great challenge in accommodating these realities, but the EC adapted very soon to this new international reality. The EC expressed its view on the developments brought by the dissolution of USSR in two documents: the ‘Declaration on Developments in the Soviet Union’, adopted by the Maastricht European Council by 9-10 December 1991; and the ‘EPC Declaration on the Guidelines on the Recognition of New States in Eastern Europe and in the Soviet Union’, adopted on 16 December 1991 (European Strategy 2007). Following these documents, in 1992 the European Commission proposed to replace the ‘Agreement between the EC and USSR on Trade and Commercial and Economic Co-operation’, 14 signed in December 1989, with agreements to be concluded bilaterally with CIS members. Along with the establishment of new relations with the former Soviet republics, the EC committed itself to support their political and economic transformation. The EC TACIS programme thus became the main instrument that aimed to enhance the transition process in all former Soviet republics, except the Baltic States. When TACIS was initiated in 1991, the technical assistance through this programme was a stand-alone activity. Later it became part of the more complex policy approach of the EU towards countries in Eastern Europe, the Caucasus and Central Asia, due to the gradual development and formalisation of their bilateral relations through new legal frameworks – Partnership and Co-operation Agreements (PCAs). EU-Moldova relations began late in the middle of 1995, reluctantly and evasivly if compared to other Central-East European states or even the Baltics. From the very beginning of its independence the Republic of Moldova has had to endure the difficult legacy of the USSR’s break-up. Moldova’s incoherence in foreign policy after 1991 was much complicated by the secessionist conflict in Transnistria and by Russia’s assertive power in the region. Therefore, a certain equilibrium in foreign policy and neutrality as a security policy option were chosen as the safeguards of Moldova’s fragile statehood. Having these in play, Moldova was reluctant to follow the examples provided by the Baltic States in their approach to relations with the EU. At the same time, the incoherence in the foreign policy of subsequent Moldovan governments also made the EU reticent towards Moldova ( îcu 2008a, 163). While the Baltic and some other Central and East-European states had signed agreements with the EC with a distinct perspective on the future, Moldova as well as other countries from the Commonwealth of Independent States (CIS) were offered a Partnership and Co-operation Agreement (PCA) – a type of bilateral treaty mainly based on economic and trade relations. After two rounds of negotiations, the Partnership and Co-operation Agreement between the EU and Moldova was signed in November 1994 (Chirila 2009, 49) and entered into force on 1 July 1998. This provided a new contractual relationship between the EU and Moldova and set out a co-operative framework for a broad spectrum of policy areas: to provide an appropriate framework for the political dialogue between the parties allowing the development of political relations; to promote trade and investment and harmonious economic relations between the parties to foster their sustainable economic 15 development; to provide a basis for the legislative, economic, social, financial, and cultural co-operation; to support the efforts of Moldova to consolidate its democracy and to develop its economy and to complete the transition to a market economy. There were some periods when Moldovan officials tried to put more serious question concerning the EU on the state’s agenda, though these were attempts to obtain economic help and special priorities in trade without a clear understanding of what Moldova itself needed to do to reform its internal system. Many high-ranking officials were not interested in very radical changes in the existing system because of their own interests. On the EU’s part, there was little interest in this region when internal European discussions addressed the further expansion to the east. The existence of the Transnistrian frozen conflict in Moldova was viewed by EU officials as something not important for them since it was far away from their borders. And lastly – but not least – the presence of Russian troops in Transnistria led to the acceptance of this space as ‘natural’ for Russian interests and a reason not to interfere in the region. A few days after its fifth enlargement wave in May 2004, the EU launched the European Neighbourhood Policy that articulates a revised policy approach towards sixteen countries in the EU’s neighbourhood. The main vehicle for taking the ENP forward was the Action Plans, documents which set the frame for dialogue in the short- and medium-terms between the EU and its neighbours in a variety of fields. The Republic of Moldova met the EU initiative towards its neighbourhood with mixed feelings. On one hand, Moldova welcomed the EU’s intention to deepen its relations with neighbouring countries, but on the other hand it was more or less disappointed as the new Neighbourhood Policy did not contain a clear European perspective for Moldova. Additionally, Moldova’s luke-warm reception of the document was due to it being included with states without a European leaning. Despite these attitudes, the EU’s initiative towards its neighbourhood brought Moldova new hopes for its future in Europe. Although the ENP does not offer the perspective of membership, the Moldovan authorities understood this initiative as an additional way of co-operation with the EU and as “a bridge towards the following stage – association and integration into the EU” (Gheorghiu 2005). On 9 December 2004, the European Commission launched the EU-Moldova Action Plan, together with six similar documents for Israel, Jordan, Morocco, the Palestinian Authority, Tunisia, and Ukraine. Already on 22 February 2005, at the 16 seventh meeting of the EU-Moldova Co-operation Council held in Brussels, Jean Asselborn, Deputy Prime Minister and Minister for Foreign Affairs and Immigration of Luxembourg, on behalf of the Council, and the Prime Minister of Moldova Vasile Tarlev signed the EU-Moldova Action Plan (Reuniunea 2005). However, the Voronin administration’s double standards and ambiguity towards relations with the EU has forced the latter to take small steps in its policy towards Moldova, which in practice means that it is not obliged to take any measures unless the target country starts to correspond to European norms and values, a prerequisite for future accession. The communist administration was ambiguous in its attitudes to the EU soon after the launching of the Eastern Partnership, which also includes Armenia, Azerbaijan, Belarus, Georgia and Ukraine (EU might get… 2008). Russia voiced concerns over the Eastern Partnership, seeing it as an attempt to expand the EU’s sphere of influence. Following ‘Big Brother’s’ rhetoric, in an interview with Russia’s Kommersant newspaper on 27 February 2009, Moldovan President Vladimir Voronin rejected the country’s participation in the programme. On the eve of Moldova’s parliamentary elections on 5 April 2009, the Party of Communists looked for Moscow’s promised support in exchange for anti-EU and anti-NATO rhetoric. On 7 April 2009, violent street protests and a brutal government crackdown followed the elections, after the anti-Communist opposition claimed the vote was rigged. Russia asked the European Union and Romania to guarantee the sovereignty of its ally Moldova after Voronin accused neighbouring Romania of engineering a coup attempt after demonstrators ransacked parliament during the post-election protests and waved EU and Romanian flags from his offices. A re-run of the legislative elections on 29 July 2010 saw the ousting of the communist government by a coalition of four opposition parties, calling themselves the ‘Alliance for European Integration’ (AEI). EU integration is the AEI’s declared top priority and the new Moldovan prime minister and foreign affairs minister flew to Brussels for their first diplomatic trip. The new Moldovan government has presented ambitious targets for the process of forging closer ties with the EU. The launch of negotiations on a new Association Agreement occurred on 12 January 2010, but moves towards further visa liberalisation and a deep and comprehensive free trade agreement with the EU largely depends on the continued sustainability and operability of the new government. 17 6.2 Border and EU neighbourhood in Moldova In 2007 the European Union and the Republic of Moldova became neighbours after Romania joined union. Three main problems affected the European Union as a result of this proximity in terms of border regime and security. The first one is related to the Transnistrian conflict, which is the closest instability along the EU’s border – a bit more than 100 km from Romanian territory. The second issue results from the particularity of relations between Romania (a member of the EU since 2007) and the Republic of Moldova. The third one is related to the engagement of Ukraine in the stabilisation and security of the Republic of Moldova’s border, especially in relation to the Transnistrian sector. Since the later two problems already were outlined above, the present section will be devoted to the Transnistrian problem in the context of EU neighbourhood policy (ENP). Conflict resolution was not named a priority objective of the ENP. While explicitly identified in all documents, crisis managment was overshadowed by the principles of trade liberalisation with and democratisation of neighbouring regions. However, the EU could not avoid involvement in the resolution of crises along its borders. In this sense, an underlying principle of the ENP was adopted accepting responsibility for security and stability in the region and the need to settle conflicts (Popescu 2005, 9). There are several reasons for the EU getting involved in settling of question of the territorial integrity of Moldova: the existence of the Transnistrian regime poses challenges to European enlargement, e.g. criminal activities on its immediate borders; the Transnistrian conflict is the closest one to the EU’s borders; the region is a source of tension in EU-Russia relations; any dividing up of the Republic of Moldova affects its viability as a state and future existence. To this end, a greater integration of the European Security and Defence Policy (ESDP) into ENP, as well as an intensification of the common political dialogue with Moldova, Russia and Ukraine would help solve the issue, but EU policies should be long-lasting and focussed on two basic issues. The first is to strengthen the Moldovan state and to increase its attractiveness. The second is to reduce and mitigate the influence of factors that support the functionality of the Transnistrian regime (on these aspects, see: Albu 2007; Bu caneanu 2006; Popescu 2005). The EU’s involvement in the Transnistrian issue started at the end of 2002 and was directly connected to the process of enlargement. At this time, a 2002 Commission paper stressed clearly that “…the stability of Moldova clearly matters for 18 the EU…and the EU needs to help Moldova address its problems” (Popescu 2005, 29). Some other factors, however, influenced the deeper involvement of the EU in Moldova’s territorial integrity question: a discrediting of the conflict settlement mechanism; the provocative attitudes of the Transnistrian authorities; Russian policies toward Moldova; and the EU-Russia dialogue on European general security issues ( îcu 2008a; Gheorghiu 2005). The first concret diplomatic action by the EU was the rejection of the ‘Kozak Memorandum’ in November 2003, which forced the communist Vladimir Voronin to abandon the Russian plan for settling the Transnistrian problem. The next step that followed was the EU attending the Joint Constitutional Commission, composed of Moldovan and Transnistrian deputies, to draft a new constitution for a reunified Moldova – Brussels constantly was called by Moldova to act as mediator in the conflict. Starting from 2003, upon the initiative of the European Commission, a consulatation between the EU, Ukraine and Moldova began on the issue of joint border controls on the Moldovan-Ukrainian border, including the Transnistrian segment (see, e.g. Chirila 2009, 10-40). On 7 June 2005, the EU announced that its assistance would increase to 22 million euro, primarly dedicated to the strengthening of border controls between Moldova and Ukraine (Popescu 2005, 32). During four rounds of negotiations held in January, February and June 2004 Moldova negotiated its Action Plan (EUMAP) with the EU, containing a special chapter related to the Transnistrian conflict and the development of good neighbourhood relations with Ukraine (Bu caneanu 2006). The document stressed a “…strong EU commitment to support the settlement of the Transnistrian conflict” and “…its further engagement” in the problem (Popescu 2005, 32). Shortly after the signing of the EUMAP on 25 February 2005, the EU started to show that it was serious when it promised a strong commitment to support the settlement of the Transnistrian conflict. In March 2005 the Council appointed an EU Special Representative (EUSR) for Moldova, whose mandate was primarily linked to the resolution of the Transnistrian conflict. Since October 2005 the EU began to participate as an observer to the negotiation process for the settlement of the Transnistrian conflict in the so-called ‘5+2’ process (Chirila 2009, 168). Following the signing of the Memorandum of Understanding on the EU Border Assistance Mission to Moldova and Ukraine (EUBAM) in August, the official opening ceremony of the 19 EUBAM took place on 1 December 2005. The EUBAM was offered a two year mandate, which was extended in 2007 for another two years ( îcu 2008a, 165). 7. Conclusions: borders and the new political scene after 2009 The implications of EU involvement took new shape after the changing of the Moldovan political landscape after the 2009 Parliamentary elections and the ousting of the communist government. The EU supports the idea of the Republic of Moldova’s integrity and considers Transnistria a part of the Moldovan state. Being a member of the ‘5+2’ negotiations concerning the Transnistrian issue, the EU supports the initiatives and plans for resolution promoted by the Republic of Moldova as long as the Russian Federation supports the Tiraspol regime in promoting the ‘Kozak Memorandum’ of 2003. The settlement of the Transnistrian problem and the Moldoval territorial integrity were on the agenda of various negotiations between A. Merkel, N. Sarkozy and D. Medvedev during 2010. At the meeting with Moldova’s Prime Minister Vlad Filat in Berlin on 12 May 2010, the Federal Chancellor of Germany stressed explicitly that it “…will support the efforts of the Republic of Moldova for solving of Transnistrian problem” and “…will interfere with Russia in this sense” (Merkel 2010). Already on 5 June 2010, at a meeting with Russian President Dmitry Medvedev concerning the formation of an ‘EU-Russian Political and Security Committee’ (ER PSC), German Chancellor Angela Merkel insisted that the new joint ‘crisis management mechanism’ could be tested in the case of Transnistria. “You could try something like that in concrete cases that we still have to resolve. In our opinion, the situation in Transnistria is a very favorable example”, Chancellor Merkel said to the Russian President (Rettman 2010). French President Nicolas Sarkozy and Merkel met on 18-19 October 2010 in Deauville, France, with Medvedev ahead of summit events scheduled for the coming weeks: NATO, NATO-Russia, and the European Union-Russia. The three leaders’ joint Deauville declaration called on the EU to launch a modernisation partnership’ with Russia; to adopt a road-map for visa-free travel between Russia and the European Union; and to embark on institutional and operational co-operation between Russia and the EU on European security. The three leaders pledged to “…jointly work on security issues in the Euro-Atlantic and Eurasian zones” (Socor 20 2010). Specifically, the three pledged to seek “…closer co-operation, apt to contribute in a most tangible way to mutual confidence and collective actions on conflict prevention and conflict management, opening the way for settling ancient conflicts, such as that in Transnistria” (ibid.). In this way, Transnistria was the only issue specified as a possible object of Franco-German-Russian co-operative action, a fact that reveals the importance of the issue on the EU-Russia agenda. “If Russia is interested in co-operating with Europe, especially on security issues, then it should contribute by helping to resolve the long-running conflict in Transnistria”, said Angela Merkel at an unofficial meeting with Dmitry Medevedev in Berlin on 27 October 2010 (Dempsey 2010). There is no doubt that Chancellor Merkel’s initiatives, by focusing high-level attention on the Transnistria conflict, can help achieve the first serious negotiations in years on the problem. “This is a big step Chancellor Angela Merkel is taking”, said Kalman Mizsei, Europe’s special envoy to Moldova. “This is about resolving a conflict that is closest to Europe’s borders. The EU must now really become involved in ending this conflict”, he added (Dempsey 2010). 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