Basis for independence of South Ossetia and Abkhazia

One of the most important acts which provided basis for independence of South Ossetia and Abkhazia was a Soviet law on secession from USSR which was adopted on April 3th, 1990. It determined the order of legal secession, and it’s Article 3 was about status of autonomous areas:

Article 3. In a Union republic which includes within its structure autonomous republics, autonomous oblasts, or autonomous okrugs, the referendum is held separately for each autonomous formation.

The people of autonomous republics and autonomous formations retain the right to decide independently the question of remaining within the USSR or within the seceding Union republic, and also to raise the question of their own state-legal status.

In a Union republic on whose territory there are places densely populated by ethnic groups constituting a majority of the population of the locality in question, the results of the voting in these localities are recorded separately when the results {…} are being determined.

The full text in English can be found here: https://soviethistory.msu.edu/1991-2/shevarnadze-resigns/shevarnadze-resigns-texts/law-on-secession-from-the-ussr/

Unfortunately, Georgian SSR has decided to go it’s own way and ignored the law. Instead, it declared itself a continuation of GDR formed in 1918, and decided to claim independence by referring to the USSR as “occupying force”, i.e. as a separatist entity from the legal POV. Now, in accordance to the law above, S.Ossetia and Abkhazia should’ve been treated as independent members of the Union, and thus become independent upon it’s dissolution.

However, in an unfortunate turn of events, USA has decided to recognise Georgian referendum as legitimate, while USSR, which already entered terminal stage of it’s existence, has failed to follow it’s own laws. Thus fully lawful struggle for self-determination was left unanswered.

Author: @numenoreanos