International status edit
The sovereign status of the Nagorno-Karabakh Republic is not recognized by any state, including Armenia. Three United Nations Security Council Resolutions (853, 874, and 884) and United Nations General Assembly resolutions 49/13 and 57/298 refer to Nagorno-Karabakh as a region of Azerbaijan. According to a report prepared by British parliamentarian and rapporteur David Atkinson, presented to Political Affairs Committee of the Parliamentary Assembly of the Council of Europe (PACE), "the borders of Azerbaijan were internationally recognised at the time of the country being recognised as independent state in 1991," and "the territory of Azerbaijan included the Nagorno-Karabakh region."[1]
The latest resolution, #1416, adopted by PACE, stated that "Considerable parts of the territory of Azerbaijan are still occupied by Armenian forces, and separatist forces are still in control of the Nagorno-Karabakh region." The resolution further stated: "The Assembly reiterates that the occupation of foreign territory by a member state constitutes a grave violation of that state’s obligations as a member of the Council of Europe and reaffirms the right of displaced persons from the area of conflict to return to their homes safely and with dignity." Recalling the Resolutions 822, 853, 874, and 884 (all 1993) of the UN Security Council, PACE urged "the parties concerned to comply with them, in particular by refraining from any armed hostilities and by withdrawing military forces from any occupied territories." The resolution also called on "the Government of Azerbaijan to establish contact, without preconditions, with the political representatives of both communities from the Nagorno-Karabakh region regarding the future status of the region." [2]
The Council of Europe called on the Nagorno-Karabakh de facto authorities to refrain from staging one-sided "local self-government elections" in Nagorno-Karabakh. "These so-called 'elections' cannot be legitimate," stressed Council of Europe Committee of Ministers' Chairman and Liechtenstein Foreign Minister Ernst Walch, Parliamentary Assembly President Lord Russell-Johnston and Secretary General Walter Schwimmer. They recalled that following the 1991–1994 armed conflict between Armenia and Azerbaijan, a substantial part of the region's population was forced to flee their homes and are still living as displaced persons in those countries or as refugees abroad.[3] This position was reiterated by Walter Schwimmer, Secretary General of the Council of Europe on 4 August 2004 with regard to the next elections, staged in the province.[4]
The European Union declared that "The European Union confirms its support for the territorial integrity of Azerbaijan, and recalls that it does not recognise the independence of Nagorno Karabakh. The European Union cannot consider legitimate the 'presidential elections' that were scheduled to take place on 11 August 2002 in Nagorno Karabakh".[5]
The US Department of State's annual Country Reports on Human Rights Practices - 2006, released on March 6, 2007 stated that "Armenia continues to occupy the Azerbaijani territory of Nagorno-Karabakh and seven surrounding Azerbaijani territories. During the year incidents along the militarized line of contact separating the sides again resulted in numerous casualties on both sides".[6]
The declaration of establishment NKR's states that "The Nagorno Karabakh Republic enjoys the authorities given to Republics by the USSR Constitution and legislation and reserves the right to decide independently the issue of its state-legal status based on political consultations and negotiations with the leadership of Union and Republics."[7]
According to an analysis by New England School of Law's Center for International Law & Policy, as well as Public International Law & Policy Group (PILPG), "Nagorno Karabagh has a right of self-determination, including the attendant right to independence, according to the criteria recognized under international law ... The principle of self-determination is included in the United Nations Charter, [and] was further codified in the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights ... The right to self-determination has also been repeatedly recognized in a series of resolutions adopted by the U.N. General Assembly." ... [as NKR's] independence was declared not from the Soviet Union but from Azerbaijan, ... [and as Nagorno Karabakh] at that time was part of a still existent and internationally recognized Soviet Union, ... NKR's declaration of independence fully complied with existing law. ... [In particular,] the 1990 Soviet law titled 'Law of the USSR Concerning the Procedure of Secession of a Soviet Republic from the USSR,' provides that the secession of a Soviet republic from the body of the USSR allows an autonomous region and compactly settled minority regions in the same republic's territory also to trigger its own process of independence. ... [Furthermore,] the USSR Constitutional Oversight Committee did not annul the declaration to establishment the Nagorno Karabagh Republic, since that declaration was deemed in compliance with the then existing law".[8]
A background paper prepared by the Directorate General of Political Affairs of the Council of Europe for the seminar "Youth and Conflict Resolution" (Strasbourg, 31 March - 2 April 2003), on the other hand, states, "The Armenian side maintains that the N-K independence referendum was conducted in accordance with the USSR law on the 'Procedure for Solving Issues of Secession of a Soviet Republic from the USSR' of 3 April 1990. Article 3 of this law provided autonomous regions within the Soviet republics with the right to determine independently, by referendum, whether they wished to remain within the USSR or join the republic seceding from the USSR. It would however seem that according to this law N-K would have the choice of two options – to remain within the USSR or to join independent Azerbaijan; N-K independence does not seem possible".[9]
The OSCE Minsk Group has allowed the Nagorno-Karabakh Republic (referring to it as the "leadership of Nagorny Karabakh"), as well as Armenia and Azerbaijan, to participate in the peace process as "parties to the conflict," and the Azerbaijani community of the region--as an "interested party". The Chairman of the CSCE Minsk Conference mentioned that "the terms 'party to the conflict' and 'leadership of Nagorny Karabakh' do not imply recognition of any diplomatic or political status under domestic or international law".[10][11] The Azerbaijani community is led by Nizami Bakhmanov, the head of the executive power of Shusha region.
At a recent press conference in Yerevan,Yuri Merzlyakov, the OSCE Minsk Group Russian Co-Chair stated, "At the press conference in Baku I underlined that Nagorno Karabakh was a part of Azerbaijani SSR and not of Azerbaijan. I perfectly know that till 1917 Nagorno Karabakh was a part of the Russian Empire. The history is necessary in order to settle conflicts, but it is necessary to proceed from international law".[12] Meanwhile, on June 10 2007 after US-Azerbaijani security consultations in Washington D.C. with Azerbaijani Deputy Foreign Minister Araz Azimov, Deputy Assistant Secretary of US Department of State, US Co-Chairman of OSCE Minsk group Matthew Bryza in a joint press conference announced: "In the circles of international law there is no universal formula for the supremacy of territorial integrity over the right of self-determination of people.".[13]
- ^ Mr David Atkinson, United Kingdom, European Democrat Group, (Rapporteur) The conflict over the Nagorno-Karabakh region dealt with by the OSCE Minsk Conference, Parliamentary Assembly of the Council of Europe, 29 November 2004
- ^ Resolution 1416: The conflict over the Nagorno-Karabakh region dealt with by the OSCE Minsk Conference adopted by the Parliamentary Assembly of the Council of Europe, 25 January 2005
- ^ At the Vatican, PACE President highlights Council of Europe’s unique role in intercultural and inter-religious dialogue, Council of Europe, 2 April, 2007
- ^ Council of Europe Secretary General on local self-government elections in Nagorno-Karabakh, on Concil of Europe website, dated 8 August 2004
- ^ [http://europa.eu/bulletin/en/200207/p106005.htm Bulletin EU 7/8-2002: Common foreign and security policy (5/39)], European Commission on 27 March 2003
- ^ Armenia: Country Reports on Human Rights Practices - 2006 Released by the United States Bureau of Democracy, Human Rights, and Labor 6 March, 2007
- ^ http://www.nkr.am/eng/deklaraciya209.html, Declaration on Proclamation of the Nagorno Karabakh Republic
- ^ The Nagorno-Karabagh Crisis: A Blueprint for Resolution New England Center for International Law & Policy
- ^ Mr David Atkinson, United Kingdom, European Democrat Group, (Rapporteur) The conflict over the Nagorno-Karabakh region dealt with by the OSCE Minsk Conference, Parliamentary Assembly of the Council of Europe, 29 November 2004. See the section: AS/POL (2004) 24 Appendix IV 8 September 2004: subsection "The legal side of the dispute"
- ^ Letter Dated 1 October 1993 from the permanent representative to the Untied Nations addressed to the president of the Security Council(PDF)
- ^ Recommendation 1251 (1994)1 on the conflict in Nagorno-Karabakh by the Parliamentary Assembly of the Council of Europe
- ^ Yuri Merzlyakov: I have stated in Baku that Karabakh was part of Azeri SSR and not of Azerbaijan
- ^ Matthew Bryza: In the circles of international law there is no universal formula for the supremacy of territorial integrity over the right of self-determination of people.