Northern Territories, Asia-Pacific Regional Conflicts and the Aland Experience

Untying the Kurillian Knot

Kimie Hara, Geoffrey Jukes, Kimie Hara, Geoffrey Jukes

• Publisher: Taylor & Francis
• Year: 2009
• eBook ISBN: 9781134014033
• Edition: 1
• Topic: Politique et relations internationales
• Subtopic: Politique

This volume is the fruit of an international collaborative study, which considers the Åland islands settlement in northern Europe as a resolution model for the major Asia-Pacific regional conflicts that derived from the post-World War II disposition of Japan, with particular focus on the territorial dispute between Japan and Russia, the Northern Territories/Southern Kuriles problem.

The contributors provide analysis of the Åland settlement, the Japan-Russia territorial dispute and Åland-inspired solution ideas by experts from all over the world, including government officials, scholars and military specialists.

Northern Territories, Asia-Pacific Regional Conflicts and the Aland Experience will be of interest to advanced undergraduate and postgraduate students, as well as academics working in Asian studies, politics, international relations, conflict resolution and security studies.

1 The autonomy of Åland and conflict resolution

Elisabeth Nauclér

The Åland Islands consist of more than 6,500 islands and skerries, situated in the northern Baltic Sea between Sweden and Finland. Only about 60 of them are inhabited all year round. The combined land and sea area totals 6,784 km². The region is divided into 16 municipalities, and the only town is Mariehamn. The population amounts to 27,000, of whom 11,000 live in Mariehamn. Nine-tenths of the Ålanders live on the largest “Main Island”. About 94 per cent of the population speak Swedish as their mother tongue. The Ålanders have been Swedish-speaking since as far back as is known, and therefore are part of the Swedish cultural heritage.

The historical background

Åland was a very old region of Sweden, and had a Swedish population long before Finland was incorporated into the Swedish realm in the thirteenth century. The Ålanders therefore, in addition to economic and geographic considerations, developed close social contacts with Stockholm and the nearby coastal area of Sweden.

The Åland Islands, together with Finland, belonged to Sweden until 1809, at which time Sweden, after losing a war with Russia, was forced to relinquish Finland, together with Åland, to the victor. The Åland Islands thereby became part of the Grand Duchy of Finland, under the Tsars of Russia, viewed as an important outpost of the Russian Empire. As a Russian guardian of the Baltic Sea, Åland became involved in the Crimean War of 1853–1856, in which Russia was defeated but allowed to keep the islands. The Peace Treaty was concluded in Paris in 1856, and a Convention, signed by France, Britain and Russia, required Russia to undertake not to re-fortify the Islands. The Convention was annexed to the Peace Treaty and named “the Åland Servitude”.¹ The term servitude, an unknown notion in international law, implied that the demilitarization should be respected by the owner of the islands, no matter into whose hands it would fall. Demilitarization is one of the cornerstones in the foundation of the special status that the Åland Islands enjoy under international law today.

When the Russian Empire started to disintegrate, but before Finland declared independence, in December 1917, the Ålanders began to struggle for reunion with their traditional mother country, Sweden. A mass petition in favour of reunion was signed by 96 per cent of the resident, eligible Ålanders who were in the territory at the time, and conveyed to the King of Sweden. But the new-born state of Finland, which had been proclaimed by virtue of the principle of national self-determination, was not prepared to give up one part of the country. Finland suffered from the civil war that took place during the same period, and the Finnish government had the support of most Finns for establishing control throughout the country and restoring social order.

In April 1919, Sweden raised the Åland question at the peace conference in Paris. The interest shown by French Prime Minister George Clemenceau, at the conference, in Sweden’s demand for a plebiscite in Åland, initiated the drafting in Helsinki of an Autonomy Act for the Ålanders. The Finnish Parliament adopted this Act on May 6, 1920, and in that month a delegation representing the Finnish government, and headed by the Prime Minister, arrived in Mariehamn. A meeting was convened there, at which the Autonomy Act was presented to representatives of the Ålanders. However, the Ålanders’ aim was not autonomy, but reunification with Sweden, so the Finnish initiative was rejected. The meeting took a dramatic turn when two of the Åland representatives were arrested on a charge of high treason. Sweden sent a diplomatic note protesting about the arrests, and this intervention turned the controversy into an international issue, paving the way for League of Nations intervention.

The question had been referred to the Baltic Commission that was to make a statement to the Supreme Council of the Paris Peace Conference. Britain argued initially that Finland should surrender the Åland Islands to Sweden and be compensated in Eastern Karelia, i.e. at Soviet Russia’s expense, but on the other hand the Islands had always belonged to Finland. It was clear that with the islands a state controlled the exit and entrance from the Gulf of Bothnia. The islands had strategic importance to both Sweden and Finland, and a solution satisfactory to both should therefore be sought. Sweden asked for a plebiscite. The US delegation, on the basis of President Wilson’s “fourteen points”, proposed to transfer the Ålands to Sweden, as the inhabitants were almost purely Swedish. Within the British delegation it was observed that the question of Finland’s frontiers should not be decided without discussion on the future of Russia. As the dispute did not directly affect the peace, and Russia was not a party to the discussions, it would be better to obtain a settlement outside the Peace Conference.² After the arrests in Mariehamn, which resulted in the Swedish diplomatic note, Sweden turned to the British position, and Great Britain took the initiative of referring the Åland Islands question to the League in July 1920.

Decision by the League of Nations

The decision made by the League of Nations in Geneva on June 24, 1921 was based on a proposal submitted by the International Committee of Rapporteurs, a political organ appointed to propose a fair solution to the dispute. Sovereignty over the Åland Islands was recognized as belonging to Finland. Furthermore, the Council of the League stated that

peace, future cordial relations between Finland and Sweden and the prosperity and happiness of the islands themselves can only be consolidated through measures envisaging a) new guarantees for the population of the islands; b) the neutralization and non-fortification of the archipelago.³

The League of Nations called upon Finland and Sweden to negotiate and reach agreement on additional guarantees.

Three days later, Finland and Sweden presented to the Council of the League a text, known as the Åland Agreement, whereby the two parties agreed on the terms under which Finland undertook to preserve the Swedish language, culture and local traditions. The Åland Agreement was not signed, and is formally not a legally binding document, but Sweden admits to being politically and morally bound by it, and Finland has respected the agreement as if bound by it. The Council approved the agreement’s terms on June 27, 1921 and its principles still apply today.

Under the terms of the Åland Agreement, Finland undertook to introduce guarantees into the Autonomy Act. The most important guarantee is that the language of instruction in schools supported or subsidised by the State, Åland authorities or municipalities, should be Swedish. Finnish is taught in schools, but there are no schools where Finnish is the language of instruction.

The right to buy land in Åland would be reserved for people domiciled in the Islands. The way of regulating this rule has changed over the years. People who have resided in the Islands for less than five years can apply to the Åland Government for a permit to acquire land in Åland. The right to vote in municipal elections, and to be elected to the Åland Parliament, would be restricted to the resident population.

The Governor, who is the representative of the Finnish state in the Islands, would be nominated by the President of Finland in agreement with the Speaker of the Åland Parliament. If agreement could not be reached, the President of Finland would choose a Governor from a list of five candidates nominated by the Parliament of Åland.

The Åland Agreement was included in the Guarantee Act of 1922, and after this law was adopted the Ålanders reluctantly agreed to apply the Autonomy Act. The Parliament did not hold its first plenary session until June 9, 1922, and this day is annually celebrated as Autonomy Day, the “National Day” of the Åland Islands, the day when the people of Åland commenced their autonomous existence.

The League assumed responsibility for supervising the application of the guarantees. Finland was obliged to forward to the Council of the League, with observations, any petitions or claims of the Parliament of Åland in connection with the guarantees in question, and the Council should in turn, in any case where the question was of a juridical character, consult the Permanent Court of International Justice. This provision was later (1951) abolished.

In autumn 1921 a conference was held to draft a new convention on demilitarization and neutralization. According to the Convention concluded on October 21, 1921 by Denmark, Estonia, Finland, France, Germany, Great Britain, Italy, Latvia, Poland and Sweden, Finland was to confirm the prohibition against fortifying the Islands that Russia had accepted in 1856. No military operations, air or naval bases would be allowed in the Islands. The 10 signatory states agreed to regard the Islands as a neutralized zone in wartime, and not use it for military operations. The Soviet Union was not a signatory to the Convention, but tacitly accepted it.⁴

The Åland Islands question is one of the few conflicts settled by an international organization with a durable result. The Agreement adopted by the League of Nations in 1921 has been considered one of the most far-reaching international guarantees for a national minority ever drawn up. It was said that “Ålanders should be assured the opportunity of arranging their own existence as freely as possible for a province not constituting an independent state”.⁵

The evolution of Åland’s autonomy

The 80 years of Åland’s autonomous life have not been static. The status has evolved over time, in response to arising needs and changing times. After 30 years of autonomy governed by the Agreements of 1921, a new Autonomy Act was introduced in 1951. This Act transferred several new legislative and administrative powers to the Åland spheres of competence, and was therefore viewed by Ålanders as a major step forward. For the first time it listed the division of legislative and administrative competence between the Åland Parliament and the Parliament of Finland. Despite several changes that could be viewed as progress, the new Act was adopted by only 17 votes out of 30. The international guarantees were not included in the Act, because the Soviet Union considered them contrary to the Peace Treaty it had signed with Finland in 1947.

The right of domicile

The right of domicile emerged as a legal concept in connection with the 1951 Autonomy Act, though the 1921 League of Nations decision already contained several of its elements. As currently constituted, it covers the rights to stand for and vote in elections to the Åland Parliament, and to acquire real property and conduct business activities without special permission. Whoever enjoys the right of domicile, and moved to the Islands before the age of 12, is exempted from military service.

A child acquires the right of domicile at birth, provided one of its parents possesses that right. Immigrants with Finnish citizenship who have five years’ residence in the Islands and satisfactory knowledge of Swedish can obtain the right of domicile by application. Anyone who forfeits Finnish citizenship, or moves his or her permanent residence from Åland, forfeits the right of domicile. The right does not constitute citizenship, but is rather a form of indigenous right accorded to persons who have decided to settle in the Islands. It is based on the Guarantee Act of 1922, and its inclusion in the 1951 Autonomy Act could be considered as compensation for the disappearance of the international guarantees that Åland had as long as the League of Nations existed.

The language provisions

The Åland autonomy is labeled a cultural autonomy, as it is based on the language and the culture; the fact that the residents speak a language different from that of the majority of the country. The people of the Åland Islands therefore wanted to belong to another country where the language is Swedish, or as they put it, to “to reunite itself to its mother country” (Sweden), the country they had been part of until 1809.⁶ The language provisions should be viewed in this perspective, and some of them would most likely not have been acquired or implemented today, had it not been for the light of history and the 1921 decision of the League of Nations. The protection of the Swedish language in the islands is very strong, and must be viewed in relation to the small population, at that time 23,000. Due to these very strict protection measures, the population’s linguistic composition has not drastically changed. Finland is a bilingual country, but the only official language in the Åland Islands is Swedish.

The Governor – the representative of the Finnish State

Already in the League of Nations decision it was determined that the Governor must enjoy the confidence of the population.⁷ He or she is appointed by the President of Finland by agreement with the Speaker of the Åland Parliament, or if agreement cannot be reached, the President must appoint one of the five persons nominated by the Speaker. Ålanders can influence Finland’s choice of representative to the Islands usually arouses great interest in international forums. Recent Governors have had a background in the Åland administration. There are very few, if any, places in the world, where the minority has an influence on who should represent the majority, in this case the state. The fact that the inhabitants can influence the decision gives a feeling of inclusiveness, and gives the Governor a solid basis for being the President of the Åland Delegation.

The Åland Delegation

The Åland Delegation can be described as an arbitrating/mediating body for settling disagreements between Finland and the Åland Islands. It has four members, two appointed by the Finnish Government and two by the Åland Parliament. The Governor acts as Chairman, and the fact that he or she is appointed after agreement between the State and the Speaker of the Parliament becomes important. The chairman represents the State, but is a person in whom the Åland authorities have confidence.

The Åland Delegation should resolve controversies arising in certain situations specified in the Autonomy Act, carry out economic equalization, including determining the tax refund, and give extraordinary grants. Any decision to adopt an Act of Åland must be delivered to the Åland Delegation, who are to give their opinion before it is presented to the President of Finland. Upon request, the Delegation is to give opinions to the Council of State, the ministries thereof, Government of Åland and courts of law.

The Åland Government – landskapsregeringen

The fundamental principle of the Autonomy Act is that administrative power is to accompany legislative power. In the areas where the Åland Parliament has legislative competence, the Åland Government exercises administrative power. The Government is formed according to democratic principles; it must enjoy the Åland Parliament’s confidence. Administration is vested in the Government and governmental organs, and officials subordinate to them. The Government drafts and implements matters relating to the autonomy. It may consist of 5 to 7 members, and exercises administration in all spheres that, under the Autonomy Act, devolve on the Åland authorities, not on the State of Finland.

The division of legislative and administrative competence

The present Autonomy Act of Åland came into force in 1993. This Act is of exceptionally high standing. It is not called a “Constitutional Act”, but is legislated by the Parliament of Finland in the same order as the Constitution, and cannot be altered or repealed without the assent of the Åland Parliament. This legislative order, together with the autonomy’s firm international basis already described, implies that Åland’s autonomy has a very strong position constitutionally.

The division of legislative power between Finland and Åland is in principle exclusive, in the sense that a Finnish law is not in force in the Islands if Åland has legislative power on the matter, even if no Act has been enacted in the Islands, and hierarchically a law of Åland is not subordinate to an ordinary law of the Parliament of Finland. The special status the Åland Islands enjoy under international law implies that it is a question of division of legislative competence between the two parliaments, and not devolution of power by one to the other. The division of legislative power between the Parliament of Åland and that of Finland can be altered only by amending the Autonomy Act, by mutually consistent decisions of both Parliaments.

In areas where the State has the legislative power, the Administration underlies the State officials, and where the Parliament of Åland has the legislative power, the administration underlies the Government of Åland. However, by agreement between the two governments, either can transfer functions to the other without amending the Autonomy Act.

Legislative supervision and settlement of disputes

A decision by the Åland Parliament on adoption of an Act shall be delivered to the Finnish Ministry of Justice and to the Åland Delegation, which should give its opinion to the Ministry before the decision is presented to th...

Table of contents

• Cover Page
• Title Page
• Copyright Page
• List of illustrations
• Notes on contributors
• Foreword
• Foreword
• Acknowledgements
• List of abbreviations
• Introduction: Northern Territories, Asia–Pacific regional conflicts and the Åland experience: untying the Kurillian knot
• 1 The autonomy of Åland and conflict resolution
• 2 The Northern Territories issue: Japanese–Russian relations and domestic concerns in Japan
• 3. The territorial dispute between Japan and Russia: the “two-island solution” and Putin’s last years as President
• 4 The Cold War in East Asia and the Northern Territories problem
• 5 Can the Southern Kuriles be demilitarized?
• 6 US views on the Northern Territories issue
• 7 The indigenous Ainu of Japan at the time of the Åland settlement
• 8 Solving the territorial dispute between Japan and Russia: the Åland Islands and Finland’s post-World War II experiences as a source of inspiration
• 9 Envisioning Åland-inspired solutions for the Northern Territories problem
• Notes