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Political and legal aspects of getting out of the Republic of South Ossetia of structure of Georgia during the Post-Soviet period



UDK 327:479.22

POLITICAL and LEGAL ASPECTS of GETTING OUT of the Republic of SOUTH OSSETIA OF STRUCTURE of GEORGIA DURING the POST-SOVIET PERIOD

© 2009 D. Dzidzoyev

North Ossetian state university, North Ossetian State University,

Vatutin St., 46, Vladikavkaz, 362015, Vatutin St., 46, Vladikavkaz, 362015,

nosu@nosu. ru nosu@nosu. ru

The analysis of the reasons, character and consequences of three genocides of the southern Ossetians (in 1920, 1989-1992 and in 2008) is submitted as a result of which tens of thousands of southern Ossetians were destroyed. Much attention is paid to political and legal bases of getting out of South Ossetia of structure of Georgia in August, 2008 and also a historical role of Russia in the fate of the southern part of the uniform Ossetian people.

The article is an analysis of reasons, character and after - effects of three genocides of South Ossetian people in 1920-1992 and in 2008. Tens of thousands of them were assassinated by Georgia. As for the Republic of South Ossetia it was incinerated three times both Georgian Mensheviks in 1920 and Georgian & #34; .Democrats & #34; with Z. Gamsakhurdia and M Saakashvili at the head. Much attention is given to the political and legal foundations of South Ossetia secession from Georgia in August 2008 and to the historical role of the Russian Federation in the fortunes of one and indivisible Ossetian nation in the south of the country the nation.

The war of Georgia against the Ossetian people of South Ossetia in August, 2008 which received the name "Caucasian Crisis" in political and scientific community pursued the aim to destroy or expel indigenous people of South Ossetia - the Ossetian. The five-day conflict (on August 8 — 12, 2008) where also the Russian Federation protecting the citizens in the territory of then still the unrecognized republic was involved received contradictory estimates in political and scientific community. The USA and their supporters condemned actions of Moscow for protection of the citizens in South Ossetia. These states trying not always it is successful to dictate living conditions and rules of political behavior to other people and the states, condemn Russia for the fact that it actually saved from genocide of the southern Ossetians. In this regard also the policy - the legal analysis of three genocides of the southern Ossetians as a peculiar digression to background of office of South Ossetia and Abkhazia from Georgia is represented relevant historical.

The southern Ossetians both in 1920, and in the next years, up to the present, considered and consider themselves as citizens of the Russian Federation, and South Ossetia as a component of the Russian state. It is known that uniform Ossetia was a part of the Russian Empire in 1774. Its division on northern and southern was carried out by Bolsheviks on May 7, 1920, signing the peace treaty between RSFSR and Georgian Democratic Republic which separated from the Soviet Russia at the beginning of 1918

In 1920 the southern Ossetians underwent the terrible act of genocide only because refused flatly to leave at the beginning of 1918 together with Georgians and Georgia structure of RSFSR. I will notice that the southern Ossetians are the only people in the territory of the Russian Empire and in the former Soviet Union which were exposed to genocide from the political management independent "democratic" three times

Georgia for desire to remain as a part of the Russian state where they voluntarily entered in 1774

The history of the third genocide of the southern Ossetians begun in the night of August 8, 2008 i.e. in the first day of the beginning of the XXIX summer Olympic Games in Beijing, and a role of the Russian Federation in rescue of the small people, became the special page in centuries-old history of the Ossetian and Abkhazian people and also in geopolitics of Moscow in the Caucasus.

South Ossetia never wanted to be reconciled with dictatorship of the Georgian etnokratiya. For it it was exposed three times for the last 90 years to genocide which has the reasons, character, features, various explanations and tragic consequences. The problem is in what the first genocide of the southern Ossetians (summer of 1920), the second (1989 — 1992) did not receive due unbiased interpretation in media, especially in the West. Therefore the Russian and especially world community is insufficiently informed on the reasons and real consequences of the tragedy of the southern Ossetians. Georgia which had and has more than South Ossetia of opportunities to defend the position, entered and misleads the public not only the country, but also the whole world. In Tbilisi as in 1920, and now, aggression against the southern Ossetians and Abkhazians, is explained by need of protection of "territorial integrity of Georgia".

1. Political and legal aspects of the first genocide of the southern Ossetians in 1920. In 1917 — 1921 in the territory of the former Russian Empire there were cardinal social and political, legal and spiritual and moral changes. Many of the former national outskirts, including Georgia, Armenia and Azerbaijan gained independence of the Soviet Russia and became the sovereign states, i.e. subjects of international law. They used national self-determination — the fundamental principle

Bolshevist national policy, the fullest expression of democratism and equality in the international relations. This principle formulated by the top political management of RSFSR extended to all non-russian people, including to the southern Ossetians, Abkhazians, etc.

The first genocide of the southern Ossetians in 1920 owing to many objective and subjective reasons did not receive the full and unbiased interpretation. After formation of the Soviet Union in 1922 where as "fraternal peoples" Ossetians, Georgians and many others entered, of course "it was necessary to forget" about that hostility which took place in relationship of Georgians and Ossetians, Georgians and Abkhazians, Armenians and Azerbaijanians, etc. In the USSR there was other national policy, other political, spiritual and moral, interethnic values and the objectives, achieving which scientists-researchers had to bypass "acute angles" in the sphere of the international relations. However historic facts demonstrate that the authorities of independent Georgia in 1920 carried out a cherished dream of the Georgian political and aristocratic elite about destruction of South Ossetia and the Ossetian people on the southern slopes of Central Caucasus Mountains. It was the state policy of Georgia on South Ossetia. The Georgian newspaper "Ertoba" in days of the tragedy of the southern Ossetians cynically and self-confidently wrote: "Our republic moves Ossetians there where they aspired - to socialist paradise" [1].

Losses of South Ossetia at defeat by her Mensheviks of Georgia in 1920 were expressed in the following figures:

1. Killed - men of 387 souls, women - 172, children-110, total - 669 souls.
2. Died during flight and emigration: men of 1206 souls, women 1203, children 1734, total - 4143 souls.

All 4812 souls died (according to other data - 5279 people).

3. Raped women - 62 cases.
4. Burned - 4227 inhabited and farm buildings for the sum - 1,268,034 rub
5. Taken away things and stock from 1268 houses for the sum - 190,200 rub
6. Burned public buildings (schools, etc.) - 30 for the sum - 15000 rub
7. Stolen cattle - 19,764 heads for the sum of 988,200 rub

Small cattle - 46,428 heads for the sum of 234,140 rub

8. Was gone cattle - 4077 heads for the sum - 234,140 rub

The small cattle for the sum of 32,653 rub

9. Sold for nothing cattle of-6527 heads for the sum - 177,100 rub

Small cattle - 6263 heads for the sum of 31,315 rub

10. The harvest in 1920 for the sum - 167,706 rub died

All it is suffered losses in the sum - 3,317,506 rub

The number of the died southern Ossetians in 1920 was 6-8% of all population of South Ossetia [2].

A part of the southern Ossetians returned to South Ossetia after establishment in Georgia of the Soviet power which promised peaceful life, equality of all people, respecting the rule of law and an order, irrespective of nationality and religion in the Georgian SSR. At the same time a considerable part of Ossetian refugees in 1920 remained on the permanent residence in North Ossetia. They were equipped in Vladikavkaz, Beslan, Alagir, Elkhotovo, Farne and in other settlements. Ossetian refugees then founded one of the biggest villages of North Ossetia - Nogir (New Ossetia). The tragic fate of the southern Ossetians found the embodiment in works by writers of Ossetia Ts. Gadiyev, A. Kotsoyev, K. Dzesov, S. Kulayev, Ch. Bedzhizati, etc.

The regional council of People's Deputies of South Ossetia at the session of 20.09.1990 characterized the tragedy of South Ossetia 1920 "as genocide of the Ossetian people" [3]. It is necessary to add to it that the Parliament of the Republic of South Ossetia in September, 1990 adopted the resolution where it is told:

1. To recognize events of 1918-1920 national liberation fight of the people of South Ossetia.
2. To recognize actions of the leadership of "democratic" Georgia against the Ossetian people in 1920 of genocide [2, page 30].

In "The declaration on genocide of 1920 in South Ossetia", in particular, it is told:

>. "3. Invasion of active armed forces (Georgia in 1920 there is EL) into South Ossetia had character of the imperial aggression directed to extermination of the Ossetian people, their eviction from the primordial territory and settling of South Ossetia by Georgians. It is genocide.

4. Under all adopted international legal acts universal destruction of Ossetians, brutal methods of extermination of women, children, old men, robberies and violence, capture of property, the cattle, destruction of crops, reduction of masses to hunger and epidemics of typhus and cholera, mass settling of the Ossetian villages by Georgian immigrants from mountainous and other areas of the republic, is nothing but genocide.

>.7. We address all democratic organizations of the world, all leaders in the government and the country leaders (the USSR. - Century D.) and republics (Georgia. - EL) to support just requirements of the people of South Ossetia.

I. To recognize mass destruction of Ossetians in 1920 in South Ossetia genocide and to demand compensation of the caused national damage of 5 million gold.

II To recognize the right of the South Ossetia people on:

>- national self-determination;

>- the right to have that political system which the people of South Ossetia choose according to the Constitution of the USSR;

The right of the independent choice of entry into any given state education, up to formation of own national-state unit.

Adopted at the 14th session of the South Ossetian regional council of People's Deputies of the 20th convocation" [2, page 23 — 25]. On September 20, 1990 in Tskhinvali.

Genocide of the southern Ossetians in 1920 — the large-scale international crime in the territory of the former Russian Empire committed by the Menshevist management of the Georgian Democratic Republic (GDR) for the purpose of destruction or exile of the southern Ossetians protecting to the utmost the territory of the primordial accommodation — South Ossetia which was officially proclaimed a component of the Soviet Russia.

2. Political and legal aspects of the second genocide of the southern Ossetians in 1989-1992. In the late eighties in the former USSR owing to many circumstances extremely became aggravated ethnopolitical and legal problems which ripened decades. For example, in the former Georgian SSR international tension which reasons, in our opinion, were chauvinism of a part of the Georgian elite, promotion of "greatness of the Georgian nation" and its superiority over Ossetians, Abkhazians, Armenians, Azerbaijanians and other people were sharply fueled. Let's notice that some of them, for example the southern Ossetians and Abkhazians, were in structure "territorially complete" the Georgian SSR according to the forcible decision of the party and Soviet authorities. Especially aggravated and dangerous character had the Georgian-Ossetian and Georgian-Abkhazian relations. For all the time of the Soviet power the southern Ossetians and Abkhazians showed the reasoned discontent with the chauvinistic policy of the Georgian authorities which took great pain to hold on the second, and even on the third roles of the southern Ossetians and Abkhazians. Tskhinvali and Sukhumi tried to obtain political and legal equality in the international relations. In the late eighties of the 20th century when the policy of reorganization began to gain steam, in South Ossetia and Abkhazia decided to strengthen national liberation fight. By this time powerful secession movement in the Georgian SSR which purpose was a separation from the USSR was created. In November, 1989 and in the first half of 1990 of the Supreme Council (SC) of the Georgian SSR made the major decisions repealing the laws adopted by the Soviet Georgia after February, 1921 i.e. after establishment of the Soviet power.

In these difficult social and political, legal conditions of extreme aggravation of the interethnic relations between Georgians and the southern Ossetians, the XII Extraordinary session of People's Deputies of the South Ossetian autonomous region of 10.11.1989 made the historical decision on its transformation to the South Ossetian Soviet Socialist Republic as a part of the Georgian SSR [3]. People's deputies of South Ossetia appealed to VS of the Georgian SSR to consider and to positively resolve this issue. Then in South Ossetia nobody thought of secession of the Soviet Georgia. The leadership of South Ossetia, considering large-scale democratic processes in the USSR which Georgia wholly used, tried to obtain increase in own political legal status in its structure. However in Tbilisi vyra-

the zhenny will of the people of South Ossetia was apprehended extremely negatively. It is known that Presidium of VS of the Georgian SSR, without observing even standard formalities, cancelled the decision of People's Deputies of South Ossetia [3, page 9]. Let's add to it that the session of VS of Georgia created the special commission for studying the status of the South Ossetian autonomous region. In defiance of the Constitution of the USSR (Article 71, Article 87) the South Ossetian autonomous region was completely liquidated. Thus, Ossetians on the historical homeland, i.e. in South Ossetia were powerless human weight. In this extremely difficult ethnopolitical situation the Georgian nationalists led by Z. Gamsakhurdia headed for replacement of the southern Ossetians from South Ossetia, in general from Georgia to North Ossetia, i.e. to the Russian Federation [4]. The Georgian media, numerous Georgian researchers of history began to write that in the territory of Georgia there are one "indigenous people" — Georgians, all other people, including the southern Ossetians and Abkhazians, are "guests" in the territory of hospitable Georgia [4]. Such policy led to interethnic opposition and international wars.

The southern Ossetians actually suffered (already the second time!) for the will to remain as a part of Russia, for the unwillingness to leave together with Georgians its structure [5].

Actually taking place events in 1989 — the beginning of 1990 should be regarded from the political and legal point of view as the initial stage of the second genocide of the southern Ossetians in South Ossetia and in Georgia. The authorities of the last developed the real anti-Ossetian propaganda, ideological war against the Ossetian people and the status of the Autonomy of South Ossetia by this time, trying to discredit Ossetians and Abkhazians in the opinion of the Georgian, Russian, and then and world community. These years the intellectuals of Georgia started in a turn the far-fetched version that the term "South Ossetia" was thought up by Bolsheviks in the anti-Georgian purposes [6].

In Georgia since the end of the 80th of the 20th century necessary conditions for strengthening and improvement of national liberation fight of the people of South Ossetia and Abkhazia were created. In their creation the huge role belongs to the Georgian historians, jurists, political scientists, philosophers, in general a considerable part of the Georgian intellectuals. They forged history facts, the ethnopolitical and legal reality which developed by the end of the 80th in South Ossetia and Abkhazia, systematically making on them "cavalry swoops" and also to the Russian Federation which tried to intercede for the citizens living in the former autonomies of the Georgian SSR from time to time. It especially irritated the Georgian politicians and intellectuals dreaming to destroy by Z. Gamsakhurdia's example, any autonomies in "democratic" Georgia and to start creation of "the great Georgian state" without any autonomies, Ossetians and Abkhazians and also without dozens of other non Georgian ethnoses (for example, Azerbaijanians, Armenians, Dagestanis, etc.). Various pseudo-scientific versions of origin of these people which pursued were published

the most unseemly purposes - to show their underdeveloped in the economic, political and spiritual relation, considering at the same time as "second-grade".

Actions of the Georgian nationalists quickly developed into large-scale wars in the territory of South Ossetia and Abkhazia. The leadership of "democratic" Georgia solved "the Ossetian problem" according to the exact scenario of Mensheviks of Georgia of 1920 Z. Gamsakhurdia and his immediate environment actually organized in 1989-1992 genocide of the southern Ossetians on their historical homeland - in South Ossetia.

In "The declaration on genocide of the southern Ossetians in 19891992 years", it is emphasized:

"Parliament of the Republic of South Ossetia, reminding that South Ossetia as a part of uniform Ossetia, in 1774 voluntarily was a part of Russia, and only 27 years later, in 1801, the Georgian ruined principalities were a part of Russia,

reminding

that in 1920 the people of South Ossetia, asserting the right for self-determination and opposing rejection from North Ossetia and Russia, was subjected to genocide from Georgia, and subsequently contrary to its will, in a contradiction from accepted on November 15, 1917. By Council of People's Commissars the Declaration of the rights of the people of Russia providing the right of all people of Russia for self-determination up to office and formation of the independent state it was included in structure of the Georgian SSR as the autonomous region,

reminding that, since 1989, the leadership of Georgia with assistance of nationalist forces of Georgia followed a way of separatism, and the people of South Ossetia, having used the legitimate right to remain as a part of the USSR, took a number of steps directed to maintaining unity of South Ossetia with North Ossetia and the Russian Federation

reminding that in March, 1991 on a referendum of the USSR the people of South Ossetia (72% of the population) voted for preservation of the USSR, and Georgia, without having taken part in a referendum of the USSR, held an alternative referendum on secession of the USSR in which South Ossetia did not participate,

considering that after holding a referendum of the USSR and a referendum of Georgia separatist Georgia had no legislative bases to apply for South Ossetia,

noting what during imperial aggression of Georgia against South Ossetia during the period from 1989 to 1992 died 1 thousand civilians that makes over 1% of the population of South Ossetia, noting that during imperial aggression of Georgia against South Ossetia more than 3.5 thousand civilians were wounded in the period from 1989 to 1992 that makes more than 3.5% of the population of South Ossetia,

noting that during repression of the Ossetian people living in Georgia about 1 thousand civilians of the Ossetian nationality was killed,

SAYS that during the period from 1989 to 1992 in South Ossetia and Georgia the genocide of the Ossetian people was committed.

The parliament of the Republic of South Ossetia addresses the international community, heads of the democratic states with a request:

>- to recognize genocide of the southern Ossetians in 1989-1992;

>- to acknowledge legal and moral responsibility of Georgia for genocide of the southern Ossetians.

The parliament of the Republic of South Ossetia demands from the Republic Georgia:

>- to give a political assessment to events of 19891992 and to recognize genocide of the southern Ossetians;

>- to bring all organizers and participants of genocide of the southern Ossetians to trial;

>- to indemnify the moral and material loss caused to the southern Ossetians during genocide of 19891992

>- to take necessary measures for creation of conditions for recovery of refugees in their rights with a full recovery of the material and moral damage caused to them" [7].

The policy developed by the leadership of Georgia in South Ossetia and practice of the state terror represented a combination of the traditional Georgian solution of "the Ossetian question" by mass repressions, nasiliya and physical violence over the Ossetian population with declarations and statements for need of strengthening of sovereignty and "territorial integrity of democratic Georgia".

The military operations which were conducted according to the decision of the government of Georgia in the territory of South Ossetia in 1918-1920 pursued the aim of extermination of the indigenous Ossetian people. The Georgian state is responsible for genocide of the southern Ossetians of 1920. The policy of Menshevist Georgia in 1918-1921 and the present regime of M. Saakashvili is clear and unambiguous. Tbilisi did not express and do not express a regret concerning three genocides of the southern Ossetians. Today it is already absolutely precisely established not only friends of South Ossetia, Abkhazia and the Russian Federation that in the night of August 8, 2008 Georgia perfidiously began large-scale war against South Ossetia. Having beaten an aggressor, Russia saved from physical extermination of the southern Ossetians, and then made the historical decision on recognition of South Ossetia and Abkhazia as subjects of international law.

Literature and notes

1. About political assessment of events of 1918-1929//the Republic of South Ossetia (documents, chronicles, the brief historical information in the Russian and English languages). Tskhinvali, 2007. Page 28; Uniform Ossetia. 2006. No. 6, Oct. of Page 3.
2. About political assessment of events of 1918-1929//the Republic of South Ossetia.... Page 29.
3. Short historical chronicle//Republic South Ossetia.... Page 8.
4. In more detail the problem is considered by the author in the following works: V.D. Dzidzoyev. National policy: experience lessons. the 3rd prod. Vladikavkaz, 2002. Page 180-234; It. Caucasus of the end of the XX century: trends ethnopoly-

tichesky development (historical and political research). the 2nd prod. Vladikavkaz, 2004. Page 26 — 141; etc.

5. This problem is in more detail considered: V.D. Dzid-zoyev, K.G. Dzugayev South Ossetia in a retrospective of the Georgian-Ossetian relations. Tskhinvali, 2007. Page 79 —103, 107—114.
6. This antiscientific version in detail is also with deep arguments exposed in researches: Yu.S. Gagloyti South Ossetia (to the history of the name). Tskhinvali, 1993. Page 4 — 30; V.D. Dzidzoyev Caucasus of the end of the XX century... Page 26 — 141; It. Political mythology of a modern historiography of the Caucasus//Scientific thought of the Caucasus. 2004. No. 4. Page 33 — 43; It. A problem of the Republic of South Ossetia in the context of ethnopolitical processes in the Caucasus at the end of XX — the beginning of the 21st centuries (is-toriko-politological analysis)//the Unrecognized states of South Caucasus and ethnopolitical processes in the south of Russia: sb. nauch. St. South Russian review. Rostov N / D, 2005. Issue No. 29. Page 156 — 184; It. Objectivity and subjectivity in a modern historiography of the Caucasus//Materials of boundaries-dunar. nauch. konf. "Caucasus studies: experience of researches" (on October 13 — 14, 2005). Vladikavkaz, 2006. Page 57 — 136; It. Problems of the Russian statehood in the North Caucasus//Izv. higher education institutions. Sowing. -

Came to edition

Kavk. region. Societies. sciences. 2006. No. 3. Page 54 — 61; It. To an issue of political settlement of the conflicts//the Bulletin of department of socio-political problems of the Caucasus YuNC RAS. Stavropol, 2006. Issue 2. Page 133 — 135; It. To an issue of eviction of Ossetians from South Ossetia in 1920//Materials of the Second (regular) congress of scientists-caucasiologists (Rostov N / D, 27.02.2006). Rostov N / D, 2007. Page 62 — 74; It. The Georgian-Ossetian relations in the second half of the 19th century and a hizansky question (historical, political and legal aspects)//Historical and legal vestn. (sb. nauch. tr.). Vladikavkaz, 2008. Issue No. 1. Page 82 — 94; It. About crisis of the concept of "territorial integrity" of Georgia (political and legal and historical aspects)//the Historical and legal bulletin (sb. nauch. tr.). Vladikavkaz, 2008. Issue No. 2. Page 20 — 37; It. Genocide of the southern Ossetians of 1920 in aspect of international law (political and legal analysis)//Daryal. 2008. No. 4. Page 227 — 239; etc.

7. The declaration on genocide of the southern Ossetians in 1989 — 1992//the Republic of South Ossetia..... Page 30 — 32.

On March 12, 2009

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