Baku: Khalaf Khalafov: "There Is No Any Russia’S Enclave In The Terr

KHALAF KHALAFOV: "THERE IS NO ANY RUSSIA’S ENCLAVE IN THE TERRITORY OF AZERBAIJAN" – EXCLUSIVE

Azeri Press Agency, Azerbaijan
June 12 2008

"Exchanging of the Keshishchi Dagi territory with Georgia is not a
subject of discussions"

Baku. Lachin Sultanova-APA. Azerbaijani Deputy Foreign Minister Khalaf
Khalafov’s interview to APA

-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.