NAGORNY KARABAKH AS AN INTEGRAL PART OF THE AZERBAIJAN REPUBLIC IN THE SYSTEM OF INTERNATIONAL LAW.
The policy of resettlement of Armenians to the territory of the Azerbaijan goes back to Peter the Great. This policy aimed at not giving an opportunity to consolidate the population within the definite territory, at changing ethno-demography situation in the territory of Azerbaijan through increasing the number of Christians by means of resettling Armenians from Iran and Turkey.
In the beginning of XIX century independent khanates (territorial units) on the territory of Azerbaijan were forced to fall under the power of Russian Empire.
Enforcement of the above-mentioned politics started with the reign of Nikolay the First, the Emperor of Russian Empire. In 1828 he issued a decree about the establishment of Armenian Oblast (region) on the territory of Irevan and Nakhichevan khanates. This was followed my mass move of Armenians from Iran (Middle East). According to historical sources in 1829-1830 40 000 irani and 84600 turk Armenians were resettled to Caucasus and they were placed in Nakhichevan[1].
Tsar’s autocracy resettled the Armenians on the Azeri lands in this very period of history. Armenians constructed the memorial monument in celebration of 150 years of their resettlement in Nagorny Karabakh. They erected this monument in 1978 in Fizuli region of the Azerbaijan Republic. It is worth to emphasize that the resettlement of Armenians in the Transcaucasia continued during the whole XIX century and became more intense after the Russian-Turkish war of 1877-1878.
As a result of this resettlement policy already in 1886 almost all territory of Nagorny Karabakh which was the part of Elizavetpol province (under Russia Empire khanates turned to be provinces) there were 58 % of Armenians.[2]
In 1918 three states were established in Transcaucasia: Democratic Republic of Azerbaijan, Democratic Republic of Georgia and Democratic Republic of Armenia.
Democratic Republic of Azerbaijan existed 23 months and it was the first Democratic Republic in the Muslim world.
After the proclamation of Democratic Republic of Azerbaijan on May 28, 1918 its government's first step was conseccion of Irevan city on May 29, 1918 to Armeniya because the government was concerned that the newly proclaimed Republic did not have its political Centre. As a result Democratic Republic of Armenia covered Irevan and Ejmeaddin uezd (districts) and the population constituted 400 000 people.
Territorial claims on Nagorny Karabakh appeared in 1918 after the three Democratic states came into being in the Transcaucasia. The Armenian government claimed on the territories located within Democratic Republic of Azerbaijan - Nakhichevan, Zzangezur and Karabakh and it brought to bloodshed wars in 1918-1920.
The territory of Karabakh (Artzah – the ancient alban name of the place that has nothing to do with the Armenians) was the integral part of all those entities which ever existed on the territory of Northern Azerbaijan.
In April 1920 the Bolshevik Red Army supported by Armenian armed units invaded the country massacring the civilians and overthrowing the democratic government. Azerbaijan fell under the Soviet power.
On July 7, 1923 Nagorny Karabakh became Nagorny Karabakh Autonomous Region of the Azerbaijan SSR under the decree of Azerbaijan Central Executive Committee. In august 1923 the referendum was held in Nagorny Karabakh on the issue whether people who leave there agree to this status. The results of the referendum showed that the peasants of Nagorny Karabakh welcomed the status of the autonomous region within Azerbaijan. In soviet time the territory of Armenia increased at the expense of the territory of Azerbaijan. Under the pressure of the Central authorities Azerbaijan lost about 20 000 square km of its lands.
Taking this into consideration it is important to emphasize that if on January 1, 1920 the territory of the democratic Republic of Azerbaijan constituted 113,9 square km, to the time of the Collapse of the USSR it was 86,6 square km.[3]
In February 1988 the Armenians provoked another conflict. On the Session of the regional Committee they made a decision to unite NKAO to Armenian SSR. This decision was unconstitutional as it contravened the 81st article of the Constitution of USSR that read: sovereign rights of soviet states are protected by USSR. The Constitution of Azerbaijan SSR was also violated: the boarder of the Azerbaijan SSR can be changed only according to the will of the Azeri nation by means of referendum. Central Committee of the Communist Party of USSR issued a decree dated February 21, 1988 that restated the inviolability of the existing state structure.
In spite of this on December 1, 1989 the Supreme Soviet of the Armenian SSR issued a decision about joining Nagorny Karabakh Autonomous Republic to Armenia. The Presidium of the Supreme Soviet of the Azerbaijan SSR assessed the decree of the Supreme Soviet of the Armenian SSR as unacceptable interference with the Azerbaijan SSR internal affairs and encroachment upon its territorial integrity.
On January 10, 1990 the Presidium of Supreme Soviet of the USSR adopted the decree on unconstitutionality of the decree dated December 1, 1989. Thus the decision of the Supreme Soviet of the Armenian SSR about joining Nagorny Karabakh Autonomous Republic to Armenia was canceled. In spite of this on September 2, 1991 Armenian separatists proclaimed Nagorny Karabakh Republic on the territory of the Nagorny Karabakh Autonomous Region. In November the Azerbaijani Supreme Soviet adopted a decree on dissolution of Nagorny-Karabakh. Hence Nagorny Karabakh had not any special status any more.
1988-1994 there was a war in Nagorny Karabakh. In the result of the war the Armenians using the methods of military agression captured not only the territory of the Mountanious part of Karabakh but also 7 adjacent regions belonging to Azerbaijan. The Azeris have been driven out from all the territories occupied by the Armenian aggressors.
The following steps Armenians took are against the rules of international law:
¨ The resolution on "Reunion of Armenia to Nagorny-Karabakh" which was adopted on December 1, 1989 is the breach of the international law.
¨ In the territory of the Nagorny-Karabakh the elections to the Parliament of the Republic of Armenia were held;
¨ The Parliament did not admit belonging of Nagorny-Karabakh to Azerbaijan Republic; and
¨ Proclaiming its sovereignty Armenia illegally recognized Nagorny-Karabakh as a part of Armenia’s territory
Azerbaijan joined UNO on March 2, 1992 as a unitary state together with Nagorny Karabakh.
In 1993 the UN Security Council adopted four resolutions that have direct relation to the Nagorny Karabakh conflict. The Council calls for the withdrawal of Armenian occupying forces from Azeri territories and reiterating the territorial integrity of Azerbaijan with Nagorny-Karabakh as an integral part.[4]
They included the following provisions
1) Expressing serious concern at the deterioration of relations between Armenia and Azerbaijan and at the tensions between them and continuation of the conflict in and around the Nagorny-Karabakh region of the Azerbaijan Republic;
(2) Expressing grave concern at the displacement of a large number of civilians within the Azerbaijan Republic;
(3) Reaffirming the sovereignty and territorial integrity of Azerbaijan and all other States in the region;
(4) Reaffirming the inviolability of international borders and the inadmissibility of the use of force for the acquisition of territory[5]
The United Nations accepted the sovereignty and territorial integrity of the Republic of Azerbaijan. It recognized that Nagorny Karabakh region belongs to the Republic of Azerbaijan. The Security Council condemned the occupation of the regions of Azerbaijan by Armenians.
Milli Mejlis (National Parliament) of the Azerbaijan Republic stated that Armenia occupied the lands of the Azerbaijan Republic and prepared the appeal to the international community. Starting with spring 1992 the Minsk Group of the OSCE started the process of peaceful settlement of the conflict. Milli Mejlis gave his opinion on all the elections held in the so-called Nagorny Karabakh Republic In 1994 Milli Mejlis passed a decision on cease-fire between the Republics of Armenia and Azerbaijan. In 1998 1 million Azeris who were driven away from Armenia and from Nagorny Karabakh and its adjacent regions got a status of refugees.
So-called Nagorny Karabakh Republic is illegitimate entity in the territory of the Azerbaijan Republic. It has no standing to claim to establish a state on the territory of other independent Republic. Let’s look just at two criteria for statehood:
a) The right to self-determination.
The Armenians state that they have a right to self-determination. However the Armenian nation already got self-determination 86 years ago. They have the state, which is the subject of international law.
b) Constitutional legitimacy.
Article 3 of the Constitution of the Azerbaijan Republic:
I. People of Azerbaijan may solve any questions involving their rights and interests by way of referendum.
II. The following questions may be solved only by way of referendum:
1) acceptance of the Constitution of the Azerbaijan Republic and introduction of amendments thereto;
2) change of state borders of the Azerbaijan Republic.
Nagorny Karabakh Republic is located on the territory of the Azerbaijan Republic and that is it.
Article 11.1 of the Constitution of the Azerbaijan Republic:
The territory of the Azerbaijan Republic is sole, inviolable and indivisible.
It is to mean that Nagorny Karabakh is an inviolable part of the Azerbaijan Republic.
Article 7.1
Azerbaijani state is democratic, legal, secular, unitary Republic.
Conclusion: other entity can not exist at its territory and be governed by the other government.
Already under these 2 criteria so-called Nagorny Karabakh Republic can not exist de jure. However it exists de facto for 13 years already. Armenia contradicts to itself. Armenia signed the resolution 49/13 Cooperation between the United Nations and the Conference on Security and Cooperation in Europe. The 8th paragraph reads as follows:
Fully supports the activities of the Conference aimed at achieving a peaceful solution to the conflict in and around the Nagorny Karabakh region of the Azerbaijani Republic and to alleviate the tension between the Republic of Armenia and the Azerbaijani Republic, and welcomes cooperation between the United Nations and the Conference in this regard.[6]
It is clearly written “Nagorny Karabakh region of the Azerbaijan Republic”. So Armenia undermines its image on the international arena by being not consistent with what she did before.
For my understanding I see the solution of the problem in the following way:
The territorial Integrity of Azerbaijan and Armenia should be preserved. Refugees should return to their lands. Nagorny Karabakh should get the autonomous status under the jurisdiction of the Azerbaijan Republic. Correspondingly Azerbaijani as well as Armenian communities should co-exist in the territory of the Nagorny Karabakh. Azerbaijan should provide security and peace on the region. However Azerbaijan can step in this direction only if all 7 regions of the Azerbaijan Republic occupied by the aggressors will be returned back.
ß
Helpful Literature:
Undeclared war. Azerinform 1991
The recognition of States. Thomas D. Grant 1999
Nagorny Karabakh – the common sense will win. Documents and materials. Azerbaijan State Publishing House 1990-1992
Khocaly – the last day. Azerbaijan Publishing House, Baku 1992
International Society and the de facto State. Scott Pegg
Central Eurasia: Prize or Quicksand? Kenneth Weisbrode
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[1] Speech of the president of the Azerbaijan Republic Baku city, March 26, 1998
[2] Aliaga Mamedov .Some aspects of modern ethnical situation in Azerbaijan Central Asia and Caucasus Centre for Social and Political Research (Sweden) Sept. 25 http://www.ca-c.org/journal/cac-06-1999/mamedov.shtml
[3]Embassy of the Republic of Azerbaijan in the People’s Republic of China Home page. History of the conflict and settlement process. September 25, 2004 <www.azerembassy.org>
[4] UN Security Council Resolution, S/RES/822, 30 April 1993; UN Security Council Resolution, S/RES/853, 29 July 1993; UN Security Council Resolution, S/RES/874, 14 October 1993; UN Security Council Resolution, S/RES/884, 12 November 1993
[5] Yashar Aliyev. The Nagorny Karabakh question UN reaffirms the sovereignty and territorial integrity of Azerbaijan. Azerbaijan International Winter 1998 (6.4).
[6] UNO home page. Resolution 49.13 dated November 1994. September 26, 2004 <http://www.un.org/Depts/dhl/res/resa49.htm