The Legal Status of Crimea: Defining the Contours of the National-Territorial Autonomy

Distribution of Powers Between the Autonomy’s Authorities

The National-Territorial Autonomy of the Crimean Tatar People on the territory of Crimea as an integral part of sovereign indivisible Ukraine is a direct realization of the right of the indigenous Crimean Tatar people for self-determination, which is enshrined in international law and the Declaration on the National Sovereignty of the Crimean Tatar People, which was adopted on June 28, 1991, at the II Qurultay (Congress) of the Crimean Tatar people, as well as the implementation of the Law of Ukraine on the Indigenous Peoples of Ukraine.

The discussion around the creation of the National-Territorial Autonomy of Crimean Tatars on the territory of Crimea rise many issues, among which is the one of the distribution of powers on the ground, the parallel existence of institutions, ensuring the implementation of Ukrainian legislation on the territory of Crimea and ensuring the rights of other ethnic groups (Russians, Ukrainians, Armenians, Bulgarians, etc).

Answering the question of the distribution of powers on the territory of the National-Territorial Autonomy of Crimean Tatars, we proceeded from the following principles:

– the principle of unconditional compliance with the Ukrainian legislation on the territory of Crimea and Sevastopol;

– the principle of coverage by the Crimean Tatar National-Territorial Autonomy of the entire territory of Crimea and Sevastopol. Autonomy cannot be limited exclusively to places of compact residence of Crimean Tatars;

– the principle of non-duplication of powers of state authorities, local self- government, and national administration of the Crimean Tatar people;

– the principle according to which the decision-making regarding the Crimean Tatar people is possible only with the participation of an authorized representative of the Crimean Tatar people;

– the principle of political representation of Crimean Tatars in all bodies of state power, local self-government on the territory of Crimea and Sevastopol, as well as ensuring guaranteed representation of Crimean Tatars in the Verkhovna Rada of Ukraine.

Based on the above principles, we propose the following distribution of powers between the authorities in Crimea and Sevastopol:

1. The territory of the Autonomous Republic of Crimea and Sevastopol is declared the National-Territorial Autonomy of the Crimean Tatar people. This is accordingly enshrined in the Constitution of Ukraine.

2. Bodies of state power (including the army, law enforcement, and tax authorities) and local self-government on the territory of the Autonomous Republic of Crimea continue to be formed in accordance with the current legislation of Ukraine and implement state policies in the relevant spheres.

3. Quotas must be reserved for representatives of the Crimean Tatar people in all authorities and self-governments of the Autonomous Republic of Crimea and Sevastopol (more details about quotas below).

4. The bodies of national Crimean Tatar self-government, which from the moment of the proclamation of the Crimean Tatar National-Territorial Autonomy, become the authorities of the national autonomy, represent the interests of the Crimean Tatar people as the indigenous people of Ukraine, participate in the formation and implementation of the state policy of Ukraine regarding the Autonomous Republic of Crimea and Sevastopol, participate in the drafting of state and local programs related to the development of the Crimean Tatar people, protection of language, culture, historical heritage, political representation in government bodies.

5. When making decisions directly affecting the interests of the Crimean Tatar people or critical for Crimea (including cultural heritage or natural resources usage) the bodies of state power and local self-government of the AR of Crimea and

Sevastopol must consult with the representative bodies of the Crimean Tatar national autonomy: Qurultay, Mejlis, local mejlises (if we are talking about matters of local importance).

6. Tax collection, physical protection of the territory of Crimea and Sevastopol, law enforcement, and justice are carried out exclusively by the state authorities of Ukraine in accordance with the legislation of Ukraine.

The Status and Powers of the Elected Bodies of the Indigenous People (Mejlis and Qurultay of the Crimean Tatar People) in the National-Territorial Autonomy

Elected bodies are the representative bodies of the national self-government of the Crimean Tatar people, which from the moment of the declaration of the National Autonomy will become the authorities of the Autonomy:

– Qurultay of the Crimean Tatar people is a national congress, the highest representative body of the Crimean Tatar people, whose delegates are elected by Crimean Tatars and members of their families, regardless of their ethnicity, who are citizens of Ukraine and live on the territory of Ukraine or beyond.

– Mejlis of the Crimean Tatar people – in the period between sessions of Qurultay, the executive body of Qurultay, which is elected by the latter among its delegates. In its activities, Mejlis is guided by the Constitution of Ukraine, the current legislation of Ukraine, and the decisions of Qurultay.

– Regional and local mejlises are national self-governing bodies that are elected in the places where Crimean Tatars live to implement the decisions of Qurultay of the Crimean Tatar people and Mejlis of the Crimean Tatar people. The main task of local mejlises is to ensure the representation of the interests of the Crimean Tatar people in the relevant territorial communities, as well as to help state authorities and local municipalities in every possible way to effectively implement policies regarding the development of Crimean Tatar culture, language, and the protection of cultural heritage, as well as to ensure the political representation of Crimean Tatars on the ground.

The status of the above bodies has already been partially established as representative bodies of the Crimean Tatar people in the Law on the Indigenous Peoples of Ukraine. The status of the bodies should be expanded from the status of representative bodies of the Crimean Tatar people to the status of authorities of the National-Territorial Autonomy. This should be enshrined in the Constitution of Ukraine and legislation on National-Territorial Autonomy.

The powers of the authorities of the National-Territorial Autonomy should not be limited to the development and implementation of the policy regarding the Crimean Tatar people. The field of interest should be the issues of the use of natural, cultural, and historical resources of the Autonomous Republic of Crimea and Sevastopol, since this land, natural resources and cultural and historical heritage belong to Crimean Tatars as the indigenous people.

The bodies of the Crimean Tatar national autonomy do not collect taxes, do not carry out law enforcement and security activities, as well justice. The authorities of the Crimean Tatar autonomy are financed from the state, republican and local budgets. The authorities of the Crimean Tatar autonomy can additionally collect funds from Crimean Tatars by introducing self-taxation for the needs of the Crimean Tatar government.

The Introduction of Quotas for Positions to the Representatives of Indigenous Peoples as An Effective Way to Ensure Their Representation and Restore Historical Justice For Them. The Possible Way of Executing Such Quotas

Based on the above, there should be a clear mechanism and process to ensure the participation of the Crimean Tatar people in political decision-making through representation in state and local authorities. The most relevant, in our opinion, is the mechanism of providing quotas of representation of Crimean Tatars in the bodies of state power and local self-government on the territory of Crimea and Sevastopol. This method confirmed its effectiveness in different democratic countries providing political representation of indigenous peoples (Canada, Finland, Norway) and national minorities (Romania, Hungary).

Thus, at the local, district, and republican levels of government in Crimea and Sevastopol a minimum of seats for representatives of the Crimean Tatar people will be guaranteed. It is worth noting that the quota is the minimum number of seats to be provided to the representatives of the Crimean Tatar people in the bodies of state power and local self-government. However, there should be no reason to prevent Crimean Tatars from occupying more seats than it is defined by quota, on a meritocratic basis.

The use of quotas to ensure political representation of minorities is an international practice and falls within the universally recognized rule of “positive discrimination” i.e., reducing the rights of the majority for the sake of ensuring the rights of the minority. However, we understand that controversy may arise over the granting of quotas, as it violates the general principle of non-discrimination on the basis of nationality or social status, which is enshrined in the Constitution of Ukraine. However, in order to achieve real equality in access to the decision-making process for Crimean Tatars, one must go through a process of “positive discrimination”. An example is a quota for women’s political representation in European countries. Before the establishment of quotas for women in the authorities of such countries, there were up to 10%, quotas were valid for 30 years and now, when they were removed, on average women have 50-60% representation in the electoral positions in the European countries. Thus, in order to ensure the rights of the Crimean Tatar people, it is necessary to introduce quotas for holding positions for the period when the population of Crimea, will vote for/employ Crimean Tatars regardless of nationality.

In order to implement this model of the system at all administrative levels in places of residence of Crimean Tatars, Crimean Tatar national self-government bodies should be established – regional and local mejlises, which, in turn, should nominate candidates for elections to local self-government bodies or candidates for certain seats in the executive bodies provided for Crimean Tatars.

Such actions to stimulate the Crimean Tatars’ involvement in the creation of the state will be guarantee of a more effective solution of the issues of local importance and exclude the possibility of oppression of the economic, social, cultural, etc. rights of Crimean Tatars.

The same system should operate in the higher bodies of the representative and executive power, respectively, in cooperation with the Mejlis of the Crimean Tatar people. Crimean Tatars should be guaranteed at least 20-25% of seats in the Verkhovna Rada of the AR of Crimea. As already noted, this should by no means be a reason to prevent the participation in the elections of more candidates of Crimean Tatar origin than specified.

We also consider it appropriate to promote better representation of Crimean Tatars in the Verkhovna Rada of Ukraine. Thus, there can take place the providing of quotas on a proportional basis (the number of Crimean Tatar population is approximately 0.6% of the whole population of Ukraine). Therefore, for at least 3 deputies of Crimean Tatar origin the possibility of representation in the Verkhovna Rada of Ukraine should be guaranteed. However, this in no way can be interpreted as a prerequisite for discriminatory obstruction of persons of Crimean Tatar origin in independent nomination of their candidates for the elections to the VR of Ukraine, including nominating as the members of political parties.

The Rights Enjoyed by Smaller Indigenous Peoples (Krymchaks, Karaites) in the Crimean Tatar National-Territorial Autonomy

Recognizing the utmost importance of the right of any people to self-expression and self-determination, we are deeply convinced that the smaller indigenous peoples of Crimea, Krymchaks and Karaites, should be assisted in the development of their own representative bodies, if such desire of the representatives of these peoples is present. Moreover, the Law of Ukraine on the Indigenous Peoples of Ukraine notes that indigenous peoples, exercising their right to self-determination, have the right to establish their representative bodies, which are formed and act within the framework of the Constitution and laws of Ukraine.

Since the 1990s, there are public organizations of the Karaites and the Krymchaks operating on the peninsula, which, by their nature, are more inclined to the national-cultural societies. If there is a future prospect of creating their own

representative bodies by these peoples, the introduction of similar above-mentioned quotas for the seats in the local self-government bodies in the regions, where representatives of these peoples live, seems to be the most expedient option.

By that time in case, representatives of public national-cultural organizations of the Krymchaks and Karaites are willing to act in cooperation with the Mejlis of the Crimean Tatar people, the latter could represent their interests at the local, regional and autonomous levels. Moreover, it seems extremely important that no cases of considering or solving the issues, affecting the interests of Karaites and Krymchaks, take place in any authority on the territory of Crimea without the participation of representatives of public organizations of these peoples.

Furthermore, Karaites and Krymchaks should freely enjoy the rights specified in the Law of Ukraine on the Indigenous Peoples, including the measures of enhanced support of indigenous peoples by the state, which are used to overcome the negative phenomena of social, legal, or cultural nature through the creation of special favorable mechanisms for the realization of rights, freedoms, and needs of indigenous peoples. Cultural, educational, language, information rights, and the right to international representation should also be realized.

Author: Selime Khalilova, Shekurie Ramazanova

Shekurie Ramazanova, Paris School of International Affairs, Sciences Po, Center for Civil Liberties intern.
Selime Khalilova, Institute of International Relations, Taras Shevchenko National University of Kyiv

This article is published with both authors consent.

Illustration: by Elena Mozhvilo on Unsplash