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INT-BOUNDARIES  2002

INT-BOUNDARIES 2002

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Subject:

Kyrgyzstan and Tajikistan cede territory to China

From:

"Charles Gurdon, Menas Associates" <[log in to unmask]>

Reply-To:

Charles Gurdon, Menas Associates

Date:

Fri, 24 May 2002 08:00:35 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (222 lines)

Colleagues,

With reference to Brendan's e-mail :

The border issue between Kyrgyzstan and China 
has been an ongoing process and the first round of
agreements was signed in 1996 regarding demarcation 
of the borders. There has been a series of 
bilateral discussions/agreements over the years 
amongst all involved states (China, Kyrgyzstan, 
Kazakhstan, Tajikistan and Russia).

As for Tajikistan - again a long-running 
border dispute over China's claim of the 
Gorno-Badakhshan region that was partially 
addressed during the 1996 agreements and is 
now expressed in this form of commitment 
from the Tajik side.

There is more detail from various press cuttings 
below

Hope this helps

Best wishes

Charles Gurdon
Menas Associates

------------------------

KYRGYZ GOVERNMENT ASKS PARLIAMENT TO RATIFY BORDER AGREEMENT WITH 
CHINA. The Kyrgyz government has submitted to the legislature for 
ratification an agreement signed with China in 1999 amending an 
earlier agreement of 1996 on delimitation of the border between the 
two countries, parliament committee on security issues Chairman 
Ismail Isakov told RFE/RL's Bishkek bureau on 4 May. The agreements 
resulted in the transfer to China of some 95,000 hectares of Kyrgyz 
territory. Critics of the agreement, including parliament deputy 
Azimbek Beknazarov, whose arrest and trial sparked the countrywide 
protests that culminated in the 17 March Aksy clashes, argue that 
Kyrgyzstan's Constitution empowers only the parliament, but not the 
president, to alter the country's borders. It is not clear whether 
parliament ever ratified the 1996 agreement, as that document cannot 
be found. LF 

KYRGYZ PRESIDENT WARNS MINISTERS NOT TO DIVULGE DETAILS OF BORDER 
DEAL WITH CHINA... President Askar Akaev warned government ministers 
on 7 May not to reveal to opposition parliament deputies details of 
the delimitation of the Kyrgyz-Chinese border, RFE/RL's Bishkek 
bureau reported. Addressing both chambers of the Kyrgyz parliament 
the same day, Akaev argued that the 1999 border agreement with China 
is the best that Kyrgyzstan could hope for and is in the country's 
interest. Three parliamentary committees began reviewing the agreement 
on 8 May. The Legislative Assembly (the lower parliament chamber) 
failed to discuss the agreement on 8 May for lack of a quorum. 
It is now scheduled to do so on 10 May. LF 

KYRGYZ PARLIAMENT RATIFIES BORDER AGREEMENT WITH CHINA. The 
Legislative Assembly (the lower chamber of Kyrgyzstan's legislature) 
on 10 May ratified the controversial 1999 border agreement whereby 
Kyrgyzstan cedes to China some 95,000 hectares of disputed territory, 
RFE/RL's Bishkek bureau reported (see "RFE/RL Newsline," 7, 9, and 10 
May 2002). Thirty-six of the 60 deputies voted in favor of 
ratification; deputies from the Kyrgyzstan and Communist factions 
said after the vote that they will appeal against it as border issues 
should be ratified by a two-thirds majority. President Askar Akaev 
and Prime Minister Kurmanbek Bakiev personally attended the 
parliament session and asked deputies to vote in favor of 
ratification. LF 
On May 10th Legislative Assembly of Kyrgyz Parliament ratified the agreement with 
China on transferring territory by 36 votes. This ratification was achieved under 
the increasing pressure from president and his administration. 
Today, many demonstrations are taking place in different regions of Kyrgyz 
Republic. Demonstrations are being held in Bishkek, Osh, Jalal-Abad, Tash-Kumyr, 
Kochkor and many other regions. The protesters demand president Akaev's 
resignation. 
All of this is caused by the illegal actions of the president and 36 members of the 
parliament, since the ratification of the agreement violated the Constitution of 
the Kyrgyz Republic. Since article number 3 of Kyrgyz Constitution declared that: 
"The territory of the Kyrgyz Republic, within its present boundaries, shall be 
inviolable and invisible. 
For the purposes of organizing state government the territory of the Kyrgyz 
Republic shall be divided into administrative territorial units, determined by the 
law." 
Article 59.1 of Kyrgyz Constitution states: " Laws on the introduction of 
amendments and supplements to the Constitution, constitutional laws, laws on the 
alteration of the borders of the Kyrgyz Republic, and on interpretation of the 
Constitution and constitutional laws, shall be adopted by both houses of the 
Jogorku Kenesh by a majority vote of no fewer than two-thirds of the total number 
of deputies of each of the houses." 
Both of these articles were violated since the ratification of the agreement was 
achieved under the approval of 36 member of the parliament, which didn't not meet 
the 2/3-vote requirement. In addition, the ratification was made only by one 
chamber of the parliament and not by both chambers of the parliament as it says in 
the Constitution. 
Despite that the bill was unconstitutional, the president and the legislative 
assembly declared it legitimate. The decision was achieved under heavy pressure and 
manipulation of the president of Kyrgyz Republic. What were the reasons for 
president to employ such manipulation? 

UPPER CHAMBER OF KYRGYZ PARLIAMENT FAILS TO RATIFY BORDER AGREEMENT 
WITH CHINA... The People's Assembly failed twice on 14 May to muster 
the minimum number of votes needed to ratify the controversial 1999 
agreement whereby Kyrgyzstan cedes 95,000 hectares of territory to 
China, RFE/RL's Bishkek bureau reported. Of the assembly's 45 
deputies, 36 were present, of whom only 21 voted in favor. 
Theoretically a two-thirds majority is needed to ratify 
border-related documents, but the Legislative Assembly (the lower 
chamber) ratified the same agreement last week by a simple majority, 
which government officials last week insisted was valid . The agreement must now be returned to the Legislative Assembly for further review. Deputy Adaham Madumarov 
attributed the assembly's failure to approve the agreement to the 
nationwide protests against ceding territory to China and the lack of 
any pressure on deputies from President Askar Akaev to endorse it. LF 

AND KYRGYZ FOREIGN MINISTER SAYS CHINA DEMANDED MORE TERRITORY 
THAN IT RECEIVED. Meanwhile, Foreign Minister Muratbek Imanaliev told 
RFE/RL's Bishkek bureau on 14 May that during the talks with China on 
the disputed Uzengi-Kush region, Beijing initially demanded 96 
percent of the disputed area. The two sides finally agreed that China 
would receive 30 percent of the territory in question and Kyrgyzstan 
would retain the remaining 70 percent. LF 

PROTESTS OVER SINO-KYRGYZ BORDER AGREEMENT CONTINUE. Several thousand 
people blocked the main Bishkek-Osh highway at two points in Osh 
Oblast for the third consecutive day on 15 May to protest the 
ratification by the lower chamber of parliament on 10 May of the 1999 
agreement whereby Kyrgyzstan cedes some 95,000 hectares of territory 
to China, RFE/RL's Bishkek bureau reported. The demonstrators also 
called for the resignation of President Askar Akaev and the closure 
of the criminal case brought against parliament deputy Azimbek 
Beknazarov. In Bishkek, some 100 people continued a protest picket in 
front of the parliament building with analogous demands. Also on 15 
May, Beknazarov, who chairs the lower chamber's committee on legal 
affairs and judicial reform, told RFE/RL's Bishkek bureau that the 
Constitutional Court has agreed to consider an appeal by 10 
parliament deputies who argue that the 1999 agreement constitutes a 
violation of the Kyrgyz Constitution, which stipulates that only the 
parliament has the right to change the country's borders. Akaev 
signed the agreement without consulting the legislature.
LF 

KYRGYZ PROTESTS AGAINST BORDER AGREEMENT CONTINUE... Thousands of 
people continued on 20 May to block the main Bishkek-Osh highway near 
Tash-Komur in Djalalabad Oblast for the seventh consecutive day to 
protest the ratification by parliament of the 1999 border agreement 
under which Kyrgyzstan ceded some 95,000 hectares of territory to 
China, RFE/RL's Kyrgyz Service reported. They are also demanding that 
the criminal case against parliament deputy Azimbek Beknazarov be 
dropped and that those responsible for the 17-18 March clashes in 
Aksy between police and demonstrators be punished. Protest meetings 
also took place in two villages in Aksy Raion, two in other raions of 
Djalalabad Oblast, and one village in neighboring Osh Oblast. Some 30 
people also resumed a protest picket in Bishkek, but police prevented 
them from approaching either the government or the parliament 
building. LF 


KYRGYZ CONSTITUTIONAL COURT REJECTS APPEAL AGAINST BORDER TREATY WITH 
CHINA. Beknazarov, who since last year has consistently opposed 
ratification of the 1999 border treaty ceding Kyrgyz territory to 
China, told RFE/RL on 22 May that the Constitutional Court rejected 
the previous day an appeal by the parliamentary committee on legal 
affairs, which Beknazarov chairs, to rule that the ratification 
process was illegal (see "RFE/RL Newsline," 14 May 2002). LF 


Tajik leader expected to sign border agreement with China 
Text of report by Tajik news agency Asia-Plus 
Dushanbe, 16 May: Tajik President Emomali Rahmonov left for the People's 
Republic of China on a three-day working visit this morning. 
Asia-Plus has learnt from the presidential press service that Rahmonov will 
meet Chinese President Jiang Zemin. During the meeting, the signing of a 
series of bilateral cooperation documents is expected. An agreement 
relating to the settlement of border issues is expected to be one of them. 
The head of state is being accompanied on the visit by Foreign Minister 
Talbak Nazarov, Economy and Trade Minister Hakim Soliyev and other 
officials. 
The Tajik delegation will also visit the cities of Hong Kong and Xiamen. 
Source: Asia-Plus news agency, Dushanbe, in Russian 0330 gmt 17 May 02 
BBC Mon CAU 170502 kr/mi 

TAJIK PRESIDENT CONCLUDES VISIT TO CHINA... On a four-day visit to 
China, President Imomali Rakhmonov held talks in Beijing on 17 May 
with President Jiang Zemin that focused on the potential for 
expanding bilateral relations, the situation in Afghanistan, and the 
role of the Shanghai Cooperation Organization in promoting stability 
in Central Asia, Asia Plus-Blitz reported. Rakhmonov met the same day 
with Prime Minister Zhu Rongji to discuss economic cooperation and 
the success of Sino-Tajik joint ventures. He also visited Hong Kong 
and the eastern coastal city of Xiamen. LF

Tajik leader signs agreements with China 
Excerpt from report by Tajik television on 18 May 
A Tajik-Chinese summit was held in Beijing in the afternoon of 17 May as 
part of Tajik President Emomali Rahmonov's friendly visit to the People's 
Republic of China. [Passage omitted: known facts; refers to "Tajik leader 
signs additional border agreement with China", Tajik Television first 
channel, Dushanbe, in Tajik 1530 gmt 17 May 02] 
The Tajik-Chinese summit was productive and was held in an atmosphere of 
friendliness and mutual understanding. 
Following the summit with the delegations present, a ceremony was held at 
which documents on bilateral cooperation were signed. Tajik President 
Emomali Rahmonov and Chinese President Jiang Zemin signed an additional 
border agreement and a joint agreement between the Republic of Tajikistan 
and the People's Republic of China. The sides also signed an 
intergovernmental agreement on cooperation in power engineering, 
information exchange and on the allocation of no-strings 10m-yuan-worth of 
aid to Tajikistan. 
The Tajik president's visit to China is continuing. The presidential press 
secretary, Zafar Saidov, reported this by telephone from Beijing. 
Source: Tajik Television first channel, Dushanbe, in Tajik 0850 gmt 18 May 
02 
BBC Mon CAU 180502gar/sk 

...AFTER SIGNING BORDER AGREEMENT. While in Beijing, Rakhmonov 
signed with Jiang an agreement whereby Tajikistan cedes to China some 
1,000 square kilometers of mountainous terrain, Reuters reported on 
20 May. According to presidential spokesman Zafar Saidov, the area is 
unpopulated and "of no great value to Tajikistan." He added that it 
represents only a fraction of the territory to which China laid 
claim. LF 

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