BRICS Trade Fair

The 1st BRICS Trade Fair was organized at Pragati Maidan in New Delhi from 12-14 October 2016. The BRICS Trade Fair was completely an interactive business engagement and was organized with an objective to promote trade and investment opportunities amongst the participating BRICS nations. The announcement made by Hon’ble Prime Minister of India during the BRICS Summit at Ufa, in 2015. 

Referendum in Crimea: Legality and Implications.

These days, the international issue, hovering the newspapers, is the issue of referendum in Crimea. In this post, I will post about the meaning, legality and implications of legality in Crimea. 

A referendum (also known as plebiscite, or a vote on a ballot question) is the process of democracy, wherein a direct vote is cast by electorates on the issue of either accepting or rejecting a particular proposal. This process can be used for adoption of a new constitution, a constitutional amendment, or a law. It is a right reserved to the people to "approve or reject" an act of the legislature, or legislation that has been referred to them by the legislature.

Legality of Referendum in Crimea.

The question for referendum is the whether the people of Crimea (majority of whom are ethnically Russian), want to part themselves off from Ukraine and embrace the arms of the Russian Federation[1]. Both the Crimean parliament and the city council of Sevastopol consider the referendum legitimate as they consider the ousting of the former President of Ukraine, Viktor Yanukovych, as an illegal act, arguing that it did not follow due process. Because of this, the bodies argue that they must inquire of its people what they want of their future.

As far as the legality of referendum in Crimea is concerned, Russia and America are don’t see it in same sense. Vladimir Putin insists that "the steps taken by the legitimate leadership of Crimea are based on the norms of international law". Barack Obama, on the other hand, rejects the referendum as he says that "we are well beyond the days when borders can be redrawn over the heads of democratic leaders."

Violation of Ukrainian law. 

From Ukraine's stand point, Article 73 of the Ukrainian Constitution is plain in terms of the issue of present referendum. It says: "Alterations to the territory of Ukraine shall be resolved exclusively by the All-Ukrainian referendum." But opposite to this, Crimea is not allowing the rest of Ukraine's 44m people to weigh in on the fate of the peninsula. Hence, the upcoming referendum is bound to violate Ukrainian law.

However, it is worth noting that secession movements, in majority of historical incidents, have proceeded without the permission of the mother country. Example being, America's fight for independence was an illegal war of secession against Britain. The most recent one is that of Kosovo (formed in 2008, under the modern international legal regime), whose split from Serbia did not have the backing of the government in Belgrade, nor that of dozens of other states. Yet it was recognised by a large majority of UN member countries. Situation of Crimea is also similar to that of Kosovo. 

ICJ Verdict favors right of self determination.

For the clear picture in the legal perspective, we should look into the judgment of the International Court of Justice delivered in 2010, regarding the declaration of independence by Kosovo in 2008[2], wherein Judge Hisashi Owada, president of the ICJ held that:

"The court considers that general international law contains no applicable prohibition of declaration of independence."

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[1] Crimea is an autonomous republic.

[2] Accordance with international law of the unilateral declaration of independence in respect of Kosovo (Request for Advisory Opinion).

Ukrainian crisis and call for referendum in Crimea.

Origin of the Protest: the Ukraine crisis was sparked with the protests, following announcement of the Ukrainian President Viktor Yanukovych's government in November 2013, regarding abandonment of agreement, which strengthens ties with the European Union and instead seeks closer cooperation with Moscow. These protesters were brutally attacked by the Police. Adding fuel to the fire, this act of the Police led to huge public support for the demonstrations.

In a protest on Dec. 1 around 300,000 people gathered and seized Kiev City Hall. Such gathering was the largest in Kiev since the Orange Revolution[1] of 2004.

Declaration from Russia: In December, 2013, the Russian President Vladimir Putin announced certain reliefs to the Ukrainian Government, which involved purchase of bonds of the Ukrainian government worth $15 billion by Moscow; and a sharp cut in the price, Ukrainians pay for Russian natural gas. These relieves had no conditions attached.

The protest continued, with some events of deaths, following which the Ukrainian Prime Minister resigned and the parliament repealed the harsh anti-protest laws to pacify the situation.

Huge bloodshed calling the attention of EU and Russia: In February, at least 88 people were killed in 48 hours of bloodshed. As shown by the Video, uniformed snipers fired at protesters holding makeshift shields. Three European Union foreign ministers fly in to try to broker a deal; Russia announced sending its envoy.

President ready to sign Deal to form a new government: In the last phase of Frbruary, the President Yanukovych signed compromise deal with opposition leaders, brokered by French, Polish and German foreign ministers. He agreed to form a new national unity government with constitutional changes handing powers back to parliament and early elections, held by December.

Disappearance of the President and other events: On 22^nd February, the President Yanukovych disappears (reportedly, he left for Kharkiv in the north-east). Following this event, protesters took control of presidential administration buildings without resistance. Opposition leaders stressed for elections on 25 May. Parliament voted and decided to remove president from power with elections set for 25 May.

Mr Yanukovych appeared on TV, insisting in a recorded message that he is lawfully elected president and that denounced "coup" His arch-rival Yulia Tymoshenko, jailed for seven years in 2011, was freed and he was able to address Kiev crowds.

Nomination of Interim President and protests in Crimea: In the last days of February, the Parliament named speaker Olexander Turchynov as interim president. An arrest warrant was issued for Mr Yanukovych. Members of the proposed new government appear before demonstrators, with Arseniy Yatsenyuk nominated prime minister. The elite Berkut police unit, blamed for deaths of protesters, is disbanded. Rival protests were held in Crimea.

Russia’s military presence in Crimea: During the last couple of days in February, the pro-Russian gunmen seize key buildings in the Crimean capital, Simferopol. Unidentified gunmen in combat uniforms appear outside Crimea's main airports, sparking fears of Russian military intervention. At his first news conference since fleeing Ukraine, Viktor Yanukovych, now in southern Russia, insisted that he remains president and opposes military intervention or division of Ukraine.

Use of Russian forces and alarms from US and west: On 1^st March, the Russian parliament approved the President Vladimir Putin's request to use Russian forces in Ukraine. In retaliation, the acting President Olexander Turchynov put the army on full alert in Kieve. US President Barack Obama tells Mr Putin in 90-minute telephone conversation to pull forces back to bases. Mr Putin says Moscow has right to protect its interests and those of Russian-speakers in Ukraine.

Following it, the talks in Paris between Russia and Western powers ended without agreement. Russian Foreign Minister Sergei Lavrov refuses to meet his new Ukrainian counterpart. The UN envoy to Crimea Robert Serry cuts short his mission there after being threatened by armed men.

Call for referendum: On 6^th March, 2014, Crimea's parliament asks to join Russia and to put the decision to a referendum on 16 March. Russia agreed to support Crimea on the condition that the region votes to leave. Ukraine's team at the Paralympic Games in Sochi protests against Russia's actions by sending just one athlete to the opening ceremony. Also, the Ukrainian PM Yatsenyuk vowed not to give a "single centimetre" of Ukraine's land to Russia.

Tens of thousands of people hold rival pro-unity and pro-Russian rallies across Ukraine, with pro-Russia demonstrators beating up their opponents in Sevastopol.

The Measure of the European commission: EC offered Ukraine trade incentives worth nearly 500m euros ($694m; £417m) to try to shore up its flagging economy, and the Ukrainian parliament asks the US and UK - as guarantors of the security pledges given to Ukraine in 1994[2] - to use all measures, including military, to stop Russia's aggression.

On 12^th March, the US President Barack Obama welcomed Ukraine's interim Prime Minister Arseniy Yatsenyuk to the White House and pledged to stand with Ukraine. Following this day, the Ukraine's parliament votes to create a 60,00 strong National Guard force to defend the country.

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[1] Orange Revolution begins after reports of widespread vote-rigging in presidential election nominally won by pro-Russian candidate Viktor Yanukovych.

[2] The pledge was guaranteed through the Budapest Memorandum on Security Assurances. This Memorandum wss a political agreement signed in Budapest, Hungary on 5 December 1994 and it included security assurances against threats or use of force against the territorial integrity or political independence of Ukraine as well as those of Belarus and Kazakhstan. As a result Ukraine gave up the world's third largest nuclear weapons stockpile between 1994 and 1996.