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Kazakh Abylaikhan University of International Relations and World languages

Faculty of International relations

Department of Regional Studies

REPORT

Theme: The process of delimitation and demarcation of the state border of the Republic of Kazakhstan

Written by: Karzhaubayeva Kh

Checked by: Kadyrzhanov R.K.

Almaty, 2014

Plan

Introduction

The main part

1. Kazakh - Chinese border and the negotiations on the border issues

2. Delimitation of the state border of Kazakhstan with the Russian Federation

3. Negotiation and decision border problems of Kazakhstan with Central Asia countries

Conclusion

References

Introduction

Fundamentally important issue in the formation and evolution of the foreign policy of the young independent state, to determine its orientation and perspective, was the settlement of disputed plots almost all over the state border of the Republic of Kazakhstan with the neighboring states. After independence, to Kazakhstan, which has nearly 14,000 kilometers of land borders with its neighbors, faced with the task of legal decisions on the basis of international law, territorial-but-border issues with its immediate neighbors-China, Kyrgyzstan, Russia, Turkmenistan and Uzbekistan. territorial state border kazakhstan

Territorial and border issues between the states of Central Asia were caused by three milestones in the history of the region:

1. Before the accession of Kazakhstan in the 18 th century, Bukhara, Kokand Khanate in the 19th century in the border region were inaccurate, they are basically meant starting and resettlement communities by territorial - civilizational lines.

2. During the period of the reign of the king's administrative zoning was not conducted on the basis of ethnic settlement in the region, and on the basis of geographical, economic factors.

3. In the Soviet period, the boundaries were defined so that the then republic of Central Asia did not feel particularly ethnic integrity Conflictology border issue was required by the Council for the implementation of non-unifying sentiments and intentions, which are circulated in and around the region in the early days of Soviet power. Further revision of the borders between the republics of the region finally secured distorting the issue. The unresolved contentious issues of Kazakhstan's sector of the Soviet-Chinese border situation burdened with registration of the state border of Kazakhstan political and methodological issues.

Thus, territorial and border issues in the post, got new independent states inherited from the former Soviet Union and came away with their roots back centuries. As a result, by the time of the demise of the Soviet Union in 1991, the borders of the newly independent states in Central Asia does not coincide with the territory of the ethnic peoples in the region of settlement. The situation was complicated by the fact that, unlike the external borders of the region, there has not been carried delimitation and demarcation of borders between the states of Central Asia, as well as between Russia and Kazakhstan. These boundaries are not de jure state and territorial-administrative. Consequently, any of the States could theoretically lay claim to a particular plot territory adjacent state in a convenient time.

These factors, along with increasing scarcity of water and land resources, a complication of demographic and environmental degradation, could lead to ethnic clashes and, as a consequence, aggravation of inter-state problems. Due to the fact that between the individual states of Central Asia is still not settled territorial border issues in the region periodically conflicts on the border between Uzbekistan and Kyrgyzstan, Uzbekistan and Tajikistan, Kyrgyzstan and Tajikistan. The consequences of such conflicts can be unpredictable.

Of the 14 areas of 12 regions of Kazakhstan became a border, and 10 were established for the first time, the border between Kazakhstan and the CIS states to complete the process of delimitation and demarcation wore de jure administrative-territorial nature. Thereby affecting the vital foundation of sovereignty, as legally admissible grounds of the state, the problem of the delimitation and demarcation of the Republic of Kazakhstan acquired a fundamental nature.

The process of establishing the interstate border, usually takes place in two stages: the first stage - a delimitation of the border, that is the definition of passing the state border with the detailed description thereof in the relevant contract and drawing the line on the map. The second stage - a demarcation of the border, that is, the designation border areas [1]. History of the delimitation and demarcation of the state border of Kazakhstan consists of two phases: Phase 1 - Negotiation and decision border problems with China; Phase 2 - with the Russian Federation and the three Central Asian states

1. Kazakh - Chinese border and the negotiations on the border issues

Territorial and border problem with China, as you know, during the existence of the USSR was never resolved. The main reason was that Russia was not ready, and did not want to part with the plan of territorial demarcation with Qing China, carried out in the XIX century Tsarist Russia from a position of strength. Therefore, the Soviet authorities refused to recognize the existence of the border issue. At the same time, Beijing is in a more acute form questioned the signed contract for the Sino-Soviet border and established by this time the line of her passing.

One of the consequences of this were fighting on the Soviet-Chinese border - on the island Damanskii (March 14-15, 1969) in the Far East and in the Lake Zhalanashkol in the Semipalatinsk region of Kazakhstan (August 13, 1969), which have resulted in numerous human casualties on both sides.

Therefore, immediately after independence, before the Republic of Kazakhstan faced a dilemma: "freezing" of the territorial-border conflict with China, the risk of further bloody clashes, or eliminate potential conflicts on the Kazakh-Chinese border by resolving all disputes on the basis of mutual understanding and taking into account the mutual interests [2]. After the collapse of the USSR was created Joint Government delegation Kazakhstan, Kyrgyzstan, Tajikistan and Russia for talks with China on border issues.

The Kazakh side and started negotiations with China, to form a delegation in accordance with the Resolution of the Cabinet of Ministers of the Republic of Kazakhstan dated 17 July 1992 "On the negotiations with China on mutual reduction of armed forces and build confidence in the military area near the Kazakh-Chinese border and the negotiations on the border issues. "For the legal basis for the negotiations were taken contracts and protocols concluded between Tsarist Russia and China in the Qing XIX century. In the initial stage of the negotiations, the parties worked out principles of the negotiation process that allowed under international legal norms, understanding and reasonable compromise to take into account the public interest of both Kazakhstan and China. As a result of intense negotiations failed to agree on the position of the parties and already April 26, 1994 to sign the Agreement on the Kazakh-Chinese border, which came into force on 11 September 1995, after the exchange of instruments of ratification. It took, however, another 4 years of hard work, so in 1998, signed a supplementary agreement, which finally settled all border issues between Kazakhstan and China. Under this agreement, the parties agreed on the fact that in the area of the Chogan about Kazakhstan remains within about 70%, while China moved away about 30% of the territory and the area around the river Sarichildy within Kazakhstan remains about 30%, and China - about 70% of the territory. Of the total area of the two mismatched sites (approximately 994 square kilometers), Kazakhstan withdrew 537 sq.km. (57%), China - 407 sq.km. (43%). After completion of the delimitation of the parties began to border demarcation, which performs joint Kazakh-Chinese commission. Documentary, describe in detail the identification of the boundary line on the ground marks the border, became the Protocol between the Government of Kazakhstan and China on the demarcation line of the Kazakh-Chinese border on May 10, 2002 goals. The total length of the demarcated border at 1783 km. One of the founders of the Republic of Kazakhstan's foreign policy doctrine K.Tokayev that had direct relevance to the decision of the Kazakh-Chinese border problems, so characterizes the results of the settlement of the question: "Exchange areas has not led to a reduction in the total territory of Kazakhstan. Territorial issues with China was legally correct and politically justified. The thesis of the so-called "territorial concessions" China does not hold water. This kind of opinion and expression is absolutely not include any content of contractual documents, nor bargaining practices "[2].

September 1, 1999 was established the Government Commission of the Republic of Kazakhstan on the delimitation of the state border of the Republic of Kazakhstan to the Kyrgyz Republic, the Russian Federation, Turkmenistan and Uzbekistan. One urgent task is to develop a package of measures to prevent conflicts between the newly independent states. At the same time it was necessary to bear in mind that any attempt to solve these problems without taking into account the mutual interests can upset the delicate strategic balance in the post. When the delimitation of state borders Kazakhstan and other states relied on the provisions of the Alma-Ata Declaration of the Commonwealth of Independent States (Alma-Ata, 21 December 1991, the Declaration of Commonwealth of Independent States of 14 February 1992 (Minsk), according to which States Parties assumed mutual commitment to respect the territorial integrity and inviolability of frontiers of each other. President Nazarbayev, speaking October 2, 2000 at the expanded meeting of the MFA, emphasized the importance of creating a reasoned legal basis for negotiations on the delimitation of boundaries, where "historically accumulated many complex cross-border economic issues requiring resolution literate, in a spirit of friendship and trust "[3]. The Head of Kazakhstan proceeded from the principle of succession in respect of the former Soviet Union, confirming the passage of the state border of the Republic of Kazakhstan, established by international treaties in force, including acts of administrative -territorial delimitation of the Republic of Kazakhstan and other countries - former republics of the USSR. Delimitation and demarcation of the state border is quite complex and time-consuming process, requiring careful consideration of the political, economic, geographical, historical, cultural, national, legal and other aspects. According to Kazakh diplomats and experts, the problems require careful study and refinement, the search for mutually acceptable solutions and compromises. Therefore, MFA RK planned to complete work on the delimitation of the state border of Kazakhstan, in the best case, not earlier 2007-2008 and work on the demarcation of the state border generally defer until you find the necessary funds. March 16, 2001 telephone conversation with the Head of the Kazakhstan President of Uzbekistan, during which it was agreed to accelerate negotiations on the delimitation of the Kazakh-Uzbek border, so that already in 2001, sign a bilateral agreement. On the same day, during a telephone conversation of President Nursultan Nazarbayev and President S. Niyazov of Turkmenistan, it was agreed to accelerate the delimitation of the border between the two countries and the signing of the relevant agreement during the official visit of the President of Turkmenistan to Astana in the summer of 2001 [4]

2. Delimitation of the state border of Kazakhstan with the Russian Federation

Exceptional location in the delimitation of the state border of Kazakhstan takes the decision of this complex issue with the Russian Federation. Political importance of legal registration of the Kazakh-Russian border was that, once and for all put an end to provocative statements of individual representatives of Russian chauvinist political and social circles. The first joint Kazakh-Russian statement on this issue was signed by President Nursultan Nazarbayev and Russian President Boris Yeltsin July 6, 1998, and already 12 December 1998 was signed the first protocol on intentions concerning the delimitation of the state border. The first round of the Kazakh-Russian negotiations in late August - early September 1999 in Moscow. During the negotiations it became paradoxical thing: the border between the Kazakh SSR and the RSFSR in legal terms was framed in a much worse degree than the boundary with other neighboring republics. If the border of the Kazakh SSR with the Uzbek SSR was framed by decrees of the Supreme Soviets of both republics throughout, including its description, and the boundaries of the Kazakh SSR with the Kirghiz SSR and Turkmen SSR containing a synthesis of PGI-Saniye border in the Central Executive Committee resolutions 1930 and 1932, the description of the Kazakh border SSR with the RSFSR did not exist. In this situation the extremely important role played by the international prestige of President Nursultan Nazarbayev and the high level of trust, which was established in his personal relations with the political leadership of Russia. July 14, 2000, during talks in Moscow, President Nursultan Nazarbayev and Putin stressed that the two friendly countries - Kazakhstan and Russia - no border disputes, and expressed the wish to build momentum boundary delimitation. In connection with this wish of the process of delimitation of the Kazakh-Russian border began to develop in the growing pace. When in September 2000, has been described and mapped about 1.2 thousand kilometers of state of the Kazakh-Russian border, and in October 2001 - 3875 miles, then in September 2004, the Kazakh-Russian border has been described already at 99.9%. January 18, 2005 in Moscow, Kazakh President Nursultan Nazarbayev and Russian President Vladimir Putin signed the Treaty on the Kazakh-Russian state border, having og Romney historical significance. Work was completed on the international legal formalization of the state border between Kazakhstan and Russia, which is the longest land border in the world. According to President N. Nazarbayev, the Kazakh-Russian border, the former is always the border of friendship and partnership, and today is a symbol of the friendship and good-neighborliness [5]. The most difficult of all the delimitation process conducted RK, was the decision of the Kazakh-Uzbek border problems differed conflict and kind attitude to the question on the ground. In February 2000 in Tashkent the first round of negotiations between representatives of the two countries on the delimitation of the Kazakh-Uzbek border, during which was defined set of cartographic and topographic material agreed methodology of work on delimitation. In March 2000, in Tashkent, the surveyors of the two countries agreed on the scope and list of maps and identified those areas which require additional topographical material.

3. Negotiation and decision border problems of Kazakhstan with Central Asia countries

Historical borders between Kazakhstan and Uzbekistan was not existed since the days of the Soviet Union, only administrative boundaries. Its passage was enshrined in the relevant documents of the Supreme Soviet of the USSR, as well as the Kazakh SSR and the Uzbek SSR. These provisions were the basis of the principle of delimitation ka-Kazakhstani-Uzbek border is the fact that some of its parts were "smeared" as a result of new settlements, economic activities in the border areas, the construction of railways and roads. The most difficult is the land, the changes which took place on the basis of agreements between local authorities (exchanges of land for agricultural purposes, the construction of farm buildings, etc.). Decisions on them were not legally authorized and secured the highest legislative bodies in established in a row. In 2000, the Kazakh-Uzbek border have been a number of incidents, the largest of which was an attempt to Uzbek officials to implement a unilateral demarcation of the Kazakh-Uzbek border on Kazakh territory near the village Bagys Saryagash district of South Kazakhstan region. March 16, 2001, during a telephone conversation, President Nursultan Nazarbayev and Islam Karimov confirmed mutual interest in completing the process as soon as possible the delimitation of the Kazakh-Uzbek border and agreed to sign a bilateral treaty in 2001. November 16-17, 2001, during the official visit of the President of the Republic of Uzbekistan Islam Karimov to the Republic of Kazakhstan, the Treaty on the delimitation of the Kazakh-Uzbek border was signed. September 9 20020goda signing of the Treaty between the Republic of Kazakhstan and Uzbekistan on certain areas of the Kazakh-Uzbek border was set point in the question of delimitation of the border between the two states. Its total length was 2351 km. [6]. In September 2004 the fourth round of bilateral negotiations to clarify the boundaries of the passage in one of the most densely populated areas in the region - Saryagash district of South Kazakhstan region, where more than 200,000 people, of which almost 30 thousand people - in the zone demarcation strip. In an atmosphere of traditional friendship and good neighborliness are undergoing the process of delimitation of the state border between Kazakhstan and Kyrgyzstan. In November 1999, the first meeting of the intergovernmental commission on delimitation of the Kazakh-Kyrgyz border. In the course held in Almaty in April 2001, a meeting of the Foreign Ministers of Kazakhstan and Kyrgyzstan was emphasized practical absence of territorial or border disputes.

During the official visit of President Nursultan Nazarbayev to Kyrgyzstan on July 23-24, 2001, signed the communiquй on the delimitation of 980 km of the border between Kazakhstan and Kyrgyzstan, which was summed up long-term work on the precise definition of the boundary line of Kazakh and Kyrgyz territory. Kyrgyz side was emphasized that while discussing the delimitation of the Kazakh-Kyrgyz border disputes arose. The first round of negotiations on the delimitation of the state border between Kazakhstan and Turkmenistan was held in December 2000 in Ashgabat. During negotiations, it was stressed the absence of the parties of any territorial claims and other contentious issues of principle, capable of interfering with successful delimitation. The parties agreed on the extent and range of topographic maps, table agreed to the cardinal directions. They also exchanged views on the procedure of drafting the protocol, describing the passage of the land boundary lines and drawing the line on workers delimitation maps. During the official visit of Turkmen President Saparmurat Niyazov in Kazakhstan, July 5, 2001, signed a treaty on the delimitation and demarcation of the Kazakh-Turkmen state border. President of Kazakhstan Nursultan Nazarbayev noted the historical importance of the signing of the Treaty on the Kazakhstan-Turkmenistan border "without any claims against each other" [7]. Settlement of territorial-border issues with China, to complete the delimitation and demarcation of the Kazakh-Chinese border, created the preconditions for the conclusion of the Agreement between Kazakhstan, Kyrgyzstan, Russia, Tajikistan and China on Confidence Building in the Military Field in the Border Area (Shanghai, April 26, 1996 year) and the Agreement between Kazakhstan, Kyrgyzstan, Russia, Tajikistan and China on the mutual reduction of armed forces in the border region (Moscow, 24 April 1997). These agreements have contributed to the strengthening of security, the preservation of peace, stability, friendship and good neighborliness in the border area

Kazakhstan, Kyrgyzstan, Russia, Tajikistan, on the one hand, and China on the other. The final step in this direction was the creation of an international organization - the SCO (Shanghai, June 15, 2001). The Message of President Nursultan Nazarbayev to the people of Kazakhstan "Kazakhstan on the path to accelerated economic, social and political modernization" indicates that the process of legal registration of the state border of Kazakhstan with all neighboring states ended January 18, 2005, after the signing of the agreement on the delimitation of the border between Kazakhstan and Russia. Head of Kazakhstan emphasizes: "This is a serious guarantee of national security, creating favorable conditions for the realization of our plans for state construction".

Conclusion

Delimitation has always been a very difficult process, requires the Contracting States political tact, tolerance, mutual understanding and respect. I am sure that the representatives of both countries, professionals, specialists with extensive experience in this field, will do everything possible to successfully complete the work. Finally resolve all issues related to the delimitation, we will by the end of this year or early next.

In addition, the completion of the delimitation of the border will have a positive impact on the establishment of the border regime, leading to facilitate the movement of citizens of the two countries, especially in the border population.

It is impossible not to note the historical significance of the completion of delimitation with Russia. Its completion and signing the corresponding agreement will mean that Kazakhstan with all neighboring countries contractually complete the legal registration of the border. Documents on this will be fixed at the United Nations, which will be the most weighty legal guarantee of the territorial integrity of Kazakhstan.

His most important result of the work lies in the fact that we leave to future generations a peaceful, tranquil border, protected by international law.

Today our border - a border of friendship and good neighborliness. It is open to all who come to us with good thoughts. Now we can safely say that on the world map, in the heart of Eurasia, the ninth in the territory of the state of the world recognizes and respects all global community.

References:

1. Delimitation and demarcation of the border strategy2050.kz/ru/book/post/id/91/