Khalaf Khalafov: “There is no any Russia’s enclave in the territory of Azerbaijan†– EXCLUSIVE
-In which stage are the negotiations with Turkmenistan and Iran over the Caspian legal status? Will Turkmen President Gurbangulu Berdimuhammedov’s visit to Baku have positive impact on these negotiations?
- The visit of Turkmenistan’s President to Azerbaijan assumes great historical significance. Negotiations between the Presidents create new tendencies in the relations and a number of measures will be taken for the strengthening and development of these tendencies. The visits of Azerbaijani Prime Minister and Foreign Minister to Turkmenistan, establishing of economic cooperation commission by the order of both Presidents and solution of the debt issue between Azerbaijan and Turkmenistan as a result of the commission’s first meeting created opportunities for the official visit of Turkmenistan’s President to Azerbaijan. The visit has a great historical significance for the two countries and two friendly peoples. The visit had very significant results like the normal course of political relations between Azerbaijan and Turkmenistan, background for the new stage of development of the relations, decisions on the intensive development of political dialogue between the two countries, expanding of intergovernmental dialogue, economic cooperation, implementation of concrete projects, especially energy cooperation on the basis of great opportunities of both countries in this field, as well as deepening and expanding of humanitarian and cultural relations, which have historical roots. One of the main decisions was the agreement between the Presidents to hold Azerbaijan-Turkmenistan oil and gas conference in Baku. It assumes great importance. Firstly, this format enables Azerbaijan and Turkmenistan to start energy cooperation using their potentials, to research the current situation and to start on its basis the concrete measures and projects. Now organizational works and preparations for the conference are going on. Several days ago, Azerbaijani Minister of Industry and Energy Natig Aliyev and me participated at the oil and gas conference in Turkmenistan. Only Azerbaijani delegation was represented at this conference in the high level. It shows that we have great will for further expansion of cooperation and both sides make mutual efforts for that.
Regarding the delimitation of the Caspian seabed, it is very important issue. There is an understanding in the negotiations and in the context of the development of bilateral relations that this issue should be discussed separately by the working groups. We have to try to make positions of both sides closer and to make decision for the common agreement. This issue will not have an impact on the bilateral relations. We consider carrying out the joint projects, including energy cooperation and at the same time to develop discussions on the delimitation of Caspian seabed. One of the main points within the framework of delimitation is that the sides have a great will to solve this issue, which is under the control of the Presidents of both countries. The Presidents instructed the working group for the regular negotiations. Last negotiations were held in Ashgabad and a number of issues were discussed there, but the experts continue work on some issues, including the elements of center line coordinates, learning of cartographic and topographic materials and etc. The potential of today’s negotiations encourages us to say that we can reach important and positive results. We hope for the soonest solution of the issue and adoption of the variant acceptable for both sides.
-Can the agreement on the Caspian legal status be reached until the Baku summit of Caspian littoral states?
-We always hope for that and will continue our efforts. Both sides make efforts and there is good environment for mutual steps. We hope that the issue will be solved soon. However it is impossible to say that the issues will finally be solved in the next round of the negotiations, because the elements don’t depend on the positions of both sides only and there are certain legal issues too. Both sides insist on the legal solution.
-What per cent of shares did former USSR and Iran have in the sea? Iranian sources claim that they had half of the sea at that time…
-Unfortunately legal issues were not implemented in the Caspian Sea during the Soviet period and the issue was regulated within the 1921 and 1940 agreements only. These agreements determined the principle of free commercial navigation. It means that Soviet and Iranian trade ships could freely navigate in the sea and it defined fishing jurisdiction in 10 miles of width. Certain experiences were implemented at the same time. There was experience of sharing in the filed of mineral resources. USSR produced mineral resources in its sector not depending form Iran and oil production in Neft Dashlari began in 1940s. Mineral resources were shared not only with Iran, but also among the former Soviet republics beginning from 1970s.
Actually, there was a conditional sector between Iran and USSR and there were sectors among the Soviet republic for economic activity in the Caspian Sea. There were experiences on the level of common international law in the Caspian Sea. These rules are efficient after the collapse of USSR. Formation of legal vacuum was impossible, otherwise, it may result in anarchy. These legal rules are still efficient, free trade navigation, 10-mile fishing zone etc. The statements that Iran owns 50 percent of the sea have no legal ground. The littoral states reached a common agreement that the sea is to divided into sectors in terms of economic activity and use of mineral resources. Practically, the work has started and half of it has already been completed. We have signed relevant agreements with Kazakhstan and Russia. Owing to these agreements, we can regulate the issues among three countries completely. I believe that the distribution principles can be applied in the other parts of the Caspian Sea, with other countries. We continue negotiations both with Turkmenistan and Iran in this direction.
There is a regular working group between Iran and Azerbaijan, we review this issue from time to time, compare our positions and continue talks. Mehdi Safari used to deal with this issue from Iranian side, now First Deputy Foreign Minister of Iran Alirza Sheikh Attar is engaged in this issue. Potential and level of bilateral relations with Iran allows us to continue talks on the solution of these issues within the framework of negotiations.
-Azerbaijani fishers are often detained in Kazakhstan waters. What is its reason?
- There is no state-run fishing company in Azerbaijan. the relevant government agency regulating this issue gives license to certain companies to engage in fishing activity basing on quotas owned by Azerbaijan and participate in supplying the country with the fish. Five countries established inter-ministerial commission in connection with fishery. This commission determines quota for fishing and focuses its attention on the observation of CITES Convention on International Trade in Endangered Species of Wild Fauna and Flora.
The ships detained in Kazakhstan are engaged in poaching, fish without license. These ships are held accountable wherever they are detained. As the states have not yet adopted a new convention determining the legal status of the sea, existing legal rules, agreements in the Caspian sea are effective. Probably the ships with our without license entered 10-mile fishing jurisdiction zone of Kazakhstan, that’s’ why the country has the right to detain them.
-It was decided in Tehran summit to hold a conference on the security issues of the Caspian in Baku. When will the conference be held?
-There were a number of proposals on the security aspects. For example, Russia offers to establish Kasfor, Kazakhstan to sign an agreement strengthening confidence, Iran offers to set up another organization. These issues were raised in Tehran summit, when all problems of the Caspian Sea were discussed. Taking into account that security issues are complex issues, it was offered to hold common discussions in connection with this. As the meeting of experts on the legal status of the Caspian Sea will take place in Baku, it was offered to hold expert meeting on security in Azerbaijan. We decided to summarize all proposals on existing security issues, prepare a project basing on them and submit to the experts. The security issues cover various illegal actions in the Caspian Sea – terrorism, smuggling, sale of weapons, prevention of human trafficking, safety of the littoral states, their activity in the Caspian Sea, investments of the companies engaged in production of mineral resources etc. All these are complex issues. Besides, the existence of military forces, their future activity, displacement – all these should be reflected in one document. All these should be regulated basing on certain principles in order to ensure all littoral states with equal safety measures. The conference should be held before the summit. The next meeting of the special working group on the legal status of the Caspian Sea will be possibly held in Baku, too. The date of the meeting is being specified, it will possibly take place in summer.
-No meeting has been recently held on the delimitation of land boundaries. Is it connected with the change of chairmen of those commissions from Russian and Georgian sides or are there any other causes?
-We have two uncoordinated areas with Russia, one area has been partially coordinated. We continue work on these three areas. Both sides demonstrate great will to finalize this issue. I hope as a result of regular talks we will achieve full solution of this issue. We are engaged in Samur Bridge. Though it does not influence the issue on delimitation, it is of great importance for the relations. Under the decision of the intergovernmental commission working group was set up, Deputy Foreign Minister Grigori Karasin chairs the group from Russian side and I chair the commission from Azerbaijani side. Karasin has visited Baku recently. We had broad discussions and reviewed Samur Bridge. Repair of the bridge is a very important problem, because 500-600 go through the bridge. Samur Bridge is the traffic artery in trade turnover between Azerbaijan and Russia. We want this work to be completed in a short period of time – one or two months and want repair or reconstruction to start.
Change of Commission Chairmen influences on negotiations process. Experts have meetings though meetings of commissions are seldom held. Expert Groups often carry out investigations in such fields and work on topographic maps, advance compilation, earth structure to ease work of the commission. The meeting was held in the west direction two weeks ago, specifications were conducted and the report made to be discussed at the next meeting of the commission.
-Does Georgia want to achieve David Gareji Monastery Complex by means of exchange?
This area is not a subject of exchange. This issue is not discussed in this way, irrespective of several opinions voiced. Borders are coordinated between Azerbaijan and Georgia basing on current documents. We are carrying out delimitation process basing on investigation of documents.
Are Russians’ problems solved in Uryanoba and Khrakhoba villages of Khachmaz? Have these territories ever been enclaves of Russia?
Russia has not any enclave in Azerbaijan. The problem occurred as a result of illegal settlement. Mutual places were suggested to carry cattle to summer pastures between Azerbaijan and Dagestan during Soviet period, then people began to build houses and it caused illegal settlement. After separation of Soviet Union, these people lived in Azerbaijan having no legal base. Their situation should be solved according to Azerbaijani laws. The villages are territories of Azerbaijan and people should obey demands of Azerbaijani laws. Foreigners, who lived in Azerbaijan for a long time, should receive citizenship. Proper bodies should solve the problem within the framework of Azerbaijani legislation.
Are the works on demarcation of boundaries with Iran and Turkey carried out?
Demarcation is an act of creating a boundary around a place or a thing. Iran and Turkey have state borders with USSR. After separation of great states, newly-established states are accepted as heirs of state borders according to international inheritance law. We are heir of state border of USSR with Iran and Turkey. There are boundary points and both sides protect state borders, and bank consolidation is carried out as a result of change of the course of Aras River. These are carried out with the participation of border service. The border between Turkey and Azerbaijan is 11-12 km and there is no need for demarcation. As Iran, Azerbaijan-Armenia and Nagorno Karabakh conflicts impede the issue. Over 130–km borders of Azerbaijan with Iran are under occupation of Armenian armed forces and we cannot control the borders. After liberation of our lands, withdrawal of Armenian forces from the lands, restoration of our sovereignty, the border points will be put and border will be protected.
-Does delimitation of Azerbaijan-Armenia borders include in the program prepared with the participation of international organizations on restoration of territories after the end of Nagorno Karabakh conflict?
Delimitation is an issue between the two countries. It is not an international issue. The issue cannot be included in any program. Clearing of territories from mines, restoration of infrastructure, recultivation, fertilization of lands, solution to ecological issues, ensuring human security are included in the program you mentioned above. We have administrative boundaries with Armenia since Soviet period. There are documents on it. Works will be carried out basing on these documents as we do with other countries. After achievement peace treaty with Armenia, the borders will be coordinated basing on the documents.
- The visit of Turkmenistan’s President to Azerbaijan assumes great historical significance. Negotiations between the Presidents create new tendencies in the relations and a number of measures will be taken for the strengthening and development of these tendencies. The visits of Azerbaijani Prime Minister and Foreign Minister to Turkmenistan, establishing of economic cooperation commission by the order of both Presidents and solution of the debt issue between Azerbaijan and Turkmenistan as a result of the commission’s first meeting created opportunities for the official visit of Turkmenistan’s President to Azerbaijan. The visit has a great historical significance for the two countries and two friendly peoples. The visit had very significant results like the normal course of political relations between Azerbaijan and Turkmenistan, background for the new stage of development of the relations, decisions on the intensive development of political dialogue between the two countries, expanding of intergovernmental dialogue, economic cooperation, implementation of concrete projects, especially energy cooperation on the basis of great opportunities of both countries in this field, as well as deepening and expanding of humanitarian and cultural relations, which have historical roots. One of the main decisions was the agreement between the Presidents to hold Azerbaijan-Turkmenistan oil and gas conference in Baku. It assumes great importance. Firstly, this format enables Azerbaijan and Turkmenistan to start energy cooperation using their potentials, to research the current situation and to start on its basis the concrete measures and projects. Now organizational works and preparations for the conference are going on. Several days ago, Azerbaijani Minister of Industry and Energy Natig Aliyev and me participated at the oil and gas conference in Turkmenistan. Only Azerbaijani delegation was represented at this conference in the high level. It shows that we have great will for further expansion of cooperation and both sides make mutual efforts for that.
Regarding the delimitation of the Caspian seabed, it is very important issue. There is an understanding in the negotiations and in the context of the development of bilateral relations that this issue should be discussed separately by the working groups. We have to try to make positions of both sides closer and to make decision for the common agreement. This issue will not have an impact on the bilateral relations. We consider carrying out the joint projects, including energy cooperation and at the same time to develop discussions on the delimitation of Caspian seabed. One of the main points within the framework of delimitation is that the sides have a great will to solve this issue, which is under the control of the Presidents of both countries. The Presidents instructed the working group for the regular negotiations. Last negotiations were held in Ashgabad and a number of issues were discussed there, but the experts continue work on some issues, including the elements of center line coordinates, learning of cartographic and topographic materials and etc. The potential of today’s negotiations encourages us to say that we can reach important and positive results. We hope for the soonest solution of the issue and adoption of the variant acceptable for both sides.
-Can the agreement on the Caspian legal status be reached until the Baku summit of Caspian littoral states?
-We always hope for that and will continue our efforts. Both sides make efforts and there is good environment for mutual steps. We hope that the issue will be solved soon. However it is impossible to say that the issues will finally be solved in the next round of the negotiations, because the elements don’t depend on the positions of both sides only and there are certain legal issues too. Both sides insist on the legal solution.
-What per cent of shares did former USSR and Iran have in the sea? Iranian sources claim that they had half of the sea at that time…
-Unfortunately legal issues were not implemented in the Caspian Sea during the Soviet period and the issue was regulated within the 1921 and 1940 agreements only. These agreements determined the principle of free commercial navigation. It means that Soviet and Iranian trade ships could freely navigate in the sea and it defined fishing jurisdiction in 10 miles of width. Certain experiences were implemented at the same time. There was experience of sharing in the filed of mineral resources. USSR produced mineral resources in its sector not depending form Iran and oil production in Neft Dashlari began in 1940s. Mineral resources were shared not only with Iran, but also among the former Soviet republics beginning from 1970s.
Actually, there was a conditional sector between Iran and USSR and there were sectors among the Soviet republic for economic activity in the Caspian Sea. There were experiences on the level of common international law in the Caspian Sea. These rules are efficient after the collapse of USSR. Formation of legal vacuum was impossible, otherwise, it may result in anarchy. These legal rules are still efficient, free trade navigation, 10-mile fishing zone etc. The statements that Iran owns 50 percent of the sea have no legal ground. The littoral states reached a common agreement that the sea is to divided into sectors in terms of economic activity and use of mineral resources. Practically, the work has started and half of it has already been completed. We have signed relevant agreements with Kazakhstan and Russia. Owing to these agreements, we can regulate the issues among three countries completely. I believe that the distribution principles can be applied in the other parts of the Caspian Sea, with other countries. We continue negotiations both with Turkmenistan and Iran in this direction.
There is a regular working group between Iran and Azerbaijan, we review this issue from time to time, compare our positions and continue talks. Mehdi Safari used to deal with this issue from Iranian side, now First Deputy Foreign Minister of Iran Alirza Sheikh Attar is engaged in this issue. Potential and level of bilateral relations with Iran allows us to continue talks on the solution of these issues within the framework of negotiations.
-Azerbaijani fishers are often detained in Kazakhstan waters. What is its reason?
- There is no state-run fishing company in Azerbaijan. the relevant government agency regulating this issue gives license to certain companies to engage in fishing activity basing on quotas owned by Azerbaijan and participate in supplying the country with the fish. Five countries established inter-ministerial commission in connection with fishery. This commission determines quota for fishing and focuses its attention on the observation of CITES Convention on International Trade in Endangered Species of Wild Fauna and Flora.
The ships detained in Kazakhstan are engaged in poaching, fish without license. These ships are held accountable wherever they are detained. As the states have not yet adopted a new convention determining the legal status of the sea, existing legal rules, agreements in the Caspian sea are effective. Probably the ships with our without license entered 10-mile fishing jurisdiction zone of Kazakhstan, that’s’ why the country has the right to detain them.
-It was decided in Tehran summit to hold a conference on the security issues of the Caspian in Baku. When will the conference be held?
-There were a number of proposals on the security aspects. For example, Russia offers to establish Kasfor, Kazakhstan to sign an agreement strengthening confidence, Iran offers to set up another organization. These issues were raised in Tehran summit, when all problems of the Caspian Sea were discussed. Taking into account that security issues are complex issues, it was offered to hold common discussions in connection with this. As the meeting of experts on the legal status of the Caspian Sea will take place in Baku, it was offered to hold expert meeting on security in Azerbaijan. We decided to summarize all proposals on existing security issues, prepare a project basing on them and submit to the experts. The security issues cover various illegal actions in the Caspian Sea – terrorism, smuggling, sale of weapons, prevention of human trafficking, safety of the littoral states, their activity in the Caspian Sea, investments of the companies engaged in production of mineral resources etc. All these are complex issues. Besides, the existence of military forces, their future activity, displacement – all these should be reflected in one document. All these should be regulated basing on certain principles in order to ensure all littoral states with equal safety measures. The conference should be held before the summit. The next meeting of the special working group on the legal status of the Caspian Sea will be possibly held in Baku, too. The date of the meeting is being specified, it will possibly take place in summer.
-No meeting has been recently held on the delimitation of land boundaries. Is it connected with the change of chairmen of those commissions from Russian and Georgian sides or are there any other causes?
-We have two uncoordinated areas with Russia, one area has been partially coordinated. We continue work on these three areas. Both sides demonstrate great will to finalize this issue. I hope as a result of regular talks we will achieve full solution of this issue. We are engaged in Samur Bridge. Though it does not influence the issue on delimitation, it is of great importance for the relations. Under the decision of the intergovernmental commission working group was set up, Deputy Foreign Minister Grigori Karasin chairs the group from Russian side and I chair the commission from Azerbaijani side. Karasin has visited Baku recently. We had broad discussions and reviewed Samur Bridge. Repair of the bridge is a very important problem, because 500-600 go through the bridge. Samur Bridge is the traffic artery in trade turnover between Azerbaijan and Russia. We want this work to be completed in a short period of time – one or two months and want repair or reconstruction to start.
Change of Commission Chairmen influences on negotiations process. Experts have meetings though meetings of commissions are seldom held. Expert Groups often carry out investigations in such fields and work on topographic maps, advance compilation, earth structure to ease work of the commission. The meeting was held in the west direction two weeks ago, specifications were conducted and the report made to be discussed at the next meeting of the commission.
-Does Georgia want to achieve David Gareji Monastery Complex by means of exchange?
This area is not a subject of exchange. This issue is not discussed in this way, irrespective of several opinions voiced. Borders are coordinated between Azerbaijan and Georgia basing on current documents. We are carrying out delimitation process basing on investigation of documents.
Are Russians’ problems solved in Uryanoba and Khrakhoba villages of Khachmaz? Have these territories ever been enclaves of Russia?
Russia has not any enclave in Azerbaijan. The problem occurred as a result of illegal settlement. Mutual places were suggested to carry cattle to summer pastures between Azerbaijan and Dagestan during Soviet period, then people began to build houses and it caused illegal settlement. After separation of Soviet Union, these people lived in Azerbaijan having no legal base. Their situation should be solved according to Azerbaijani laws. The villages are territories of Azerbaijan and people should obey demands of Azerbaijani laws. Foreigners, who lived in Azerbaijan for a long time, should receive citizenship. Proper bodies should solve the problem within the framework of Azerbaijani legislation.
Are the works on demarcation of boundaries with Iran and Turkey carried out?
Demarcation is an act of creating a boundary around a place or a thing. Iran and Turkey have state borders with USSR. After separation of great states, newly-established states are accepted as heirs of state borders according to international inheritance law. We are heir of state border of USSR with Iran and Turkey. There are boundary points and both sides protect state borders, and bank consolidation is carried out as a result of change of the course of Aras River. These are carried out with the participation of border service. The border between Turkey and Azerbaijan is 11-12 km and there is no need for demarcation. As Iran, Azerbaijan-Armenia and Nagorno Karabakh conflicts impede the issue. Over 130–km borders of Azerbaijan with Iran are under occupation of Armenian armed forces and we cannot control the borders. After liberation of our lands, withdrawal of Armenian forces from the lands, restoration of our sovereignty, the border points will be put and border will be protected.
-Does delimitation of Azerbaijan-Armenia borders include in the program prepared with the participation of international organizations on restoration of territories after the end of Nagorno Karabakh conflict?
Delimitation is an issue between the two countries. It is not an international issue. The issue cannot be included in any program. Clearing of territories from mines, restoration of infrastructure, recultivation, fertilization of lands, solution to ecological issues, ensuring human security are included in the program you mentioned above. We have administrative boundaries with Armenia since Soviet period. There are documents on it. Works will be carried out basing on these documents as we do with other countries. After achievement peace treaty with Armenia, the borders will be coordinated basing on the documents.
Domestic
93.6% of respondents positively assess President Ilham Aliyev's performance - SURVEY
Azerbaijan's SSS Military Medical Department identifies 327 missing persons
MP: Status of State Commission's Working Group on missing persons should be reviewed