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Humanitarian consequences of the conflict between Armenia and Azerbaijan

Doc. 15363: compendium of written amendments | Doc. 15363 | 27/09/2021 | Final version

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ADraft Resolution

1The Parliamentary Assembly regrets the tragic humanitarian consequences of the conflict between Armenia and Azerbaijan. It is a conflict which has seen two major outbreaks of war, the first from the end of 1991 to 1994, and a 6-week war in 2020.

27 September 2021

Tabled by Mr Ruben RUBINYAN, Mr Vladimir VARDANYAN, Ms Sona GHAZARYAN , Ms Nazeli BAGHDASARYAN, Mr Eduard AGHAJANYAN

Votes: 57 in favor 20 against 5 abstentions

In the draft resolution, paragraph 1, at the end of the first sentence, add the following words:

"/Nagorno-Karabakh conflict".

2The Assembly has dealt with many aspects of the conflict over the years, in particular in Resolution 1047 (1994) and Recommendation 1251 (1994) “Conflict in Nagorno-Karabakh” and in Resolution 1416 (2005) “The conflict over the Nagorno-Karabakh region dealt with by the OSCE Minsk Conference”.
3The Assembly recalls that both Armenia and Azerbaijan committed themselves, upon their accession to the Council of Europe in January 2001, to use only peaceful means for settling the conflict. Therefore, the 6-week war in 2020 constitutes a breach of these commitments and should be duly addressed by the Council of Europe.

27 September 2021

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Mr Rafael HUSEYNOV, Mr Erkin GADIRLI, Ms Nigar ARPADARAI, Mr Tural GANJALIYEV

Votes: 68 in favor 17 against 10 abstentions

In the draft resolution, paragraph 3, after the first sentence, add the following sentence:

"It deeply regrets that this common commitment remained unfulfilled all these years as the negotiations between Armenia and Azerbaijan over the past three decades didn't yield any tangible result."

4The Assembly notes that the recent 6-week war was brought to an end by the Trilateral statement of 9-10 November 2020, signed by the President of the Republic of Azerbaijan, the Prime Minister of the Republic of Armenia and the President of the Russian Federation. It considers that the Trilateral statement provides the main elements of a cease-fire and creates a framework to solve many of the humanitarian consequences of the recent 6-week war and conflict.
5The Assembly is appalled by the number of people killed or who went missing during the 6-week war: reportedly over 3 900 Armenian and 2 900 Azerbaijani military killed or missing, 163 Armenian and 548 Azerbaijani civilian casualties and around 243 Armenians and 7 Azerbaijanis missing. The Assembly welcomes and encourages the efforts of both parties to recover and exchange the dead and recognises the valuable contribution of the International Committee of the Red Cross (ICRC) and Russian peacekeepers. It is also aware of around 3 890 Azerbaijanis and 1 000 Armenians still unaccounted for from the 1991-1994 war and regrets that little progress has been made on these cases. It invites both parties to resume work at the intergovernmental commission level, with the assistance of the ICRC.
6The Assembly notes that under Article 8 of the Trilateral statement “An exchange of prisoners of war … is to be carried out” and that both countries claim to have complied with this. The Assembly however notes the concerns of the European Court of Human Rights, communicated to the Committee of Ministers of the Council of Europe on 16 March 2021, in relation to 188 Armenians allegedly captured by Azerbaijan (some of whom have since been returned to Armenia). In this connection the Assembly:

27 September 2021

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Mr Rafael HUSEYNOV, Mr Erkin GADIRLI, Ms Nigar ARPADARAI, Mr Tural GANJALIYEV

Votes: 95 in favor 5 against 2 abstentions

In the draft resolution, paragraph 6, in the second sentence, replace the word "concerns" with the following word:

"notification"

Explanatory note

In the notification of the European Court from 16 March 2021, there is no reference to "concern" on captives; this is not a factual conclusion that one can make from the given notification. It is important that when the PACE refers to a legal document, it should stick to facts.

6.1notes that under the Geneva Convention (III) Relative to the Treatment of Prisoners of War and Geneva Convention (IV) Relative to the Protection of Civilian persons in time of War, both Azerbaijan and Armenia have binding obligations to repatriate prisoners of war and release civilian persons without delay after the secession of active hostilities;
6.2considers that the clear intention of Article 8 of the Trilateral statement was the exchange of all detained persons, without distinction as to the status assigned by one or other of the parties;
6.3is deeply concerned about the fate of around 30 Armenians, allegedly seen, filmed or photographed in captivity, with no indication as to their current whereabouts. The Assembly is alarmed at allegations that these persons have been subjected to enforced disappearances and possibly killed;

27 September 2021

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Mr Rafael HUSEYNOV, Mr Erkin GADIRLI, Ms Nigar ARPADARAI, Mr Tural GANJALIYEV

Votes: 80 in favor 15 against 9 abstentions

In the draft resolution, paragraph 6.3, in the second sentence, after the word "allegations", add the following words:

"made by Armenia"

6.4calls on the Azerbaijani authorities to expedite their investigations on this matter and provide relevant information to the European Court of Human Rights and to Armenia;
6.5welcomes the recent release of 15 Armenians on 12 June 2021 and a further release of 15 persons on 3 July 2021, bringing the total of repatriated to above 100;
6.6remains concerned about the detention conditions of around 48 Armenians captured after the Trilateral statement, who are still in captivity, most of whom have undergone or are undergoing speedy criminal trials, which raise fair trial issues under the European Convention on Human Rights (ETS No. 5);

27 September 2021

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Mr Rafael HUSEYNOV, Mr Erkin GADIRLI, Ms Nigar ARPADARAI, Mr Tural GANJALIYEV

Votes: 72 in favor 17 against 11 abstentions

In the draft resolution, paragraph 6.6, after the word "which", add the following word:

"may"

Explanatory note

It is not understandable how the PACE can be so affirmative when it comes to respect for the Convention, without any proper examination of these cases by the European Court or any other international instance. Rights of all the persons of Armenian origin were duly provided during their court trials.

6.7calls on the Azerbaijani authorities to release all remaining captives and return them to Armenia without further delay;

27 September 2021

Tabled by Mr Ruben RUBINYAN, Mr Vladimir VARDANYAN, Ms Sona GHAZARYAN , Ms Nazeli BAGHDASARYAN, Mr Eduard AGHAJANYAN

Votes: 14 in favor 78 against 8 abstentions

In the draft resolution, paragraph 6.7, after "authorities" add the following words:

"to fulfil their obligations and"

In the draft resolution, paragraph 6.7, replace the word "release" with the following words:

"consider releasing"

Explanatory note

The persons in question have been condemned to different terms by the courts of Azerbaijan on the basis of the relevant domestic legislation. Their possible release obviously requires additional legal proceedings. The PACE should demonstrate necessary respect for the courts of a member State while formulating its request.

6.8encourages the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) to carry out an ad hoc visit, notwithstanding that the ICRC has regular access.
7The Assembly is concerned about the many allegations of crimes, war crimes and other wrongful acts levelled against both Armenia and Azerbaijan during the 6-week war. It notes the individual cases and inter-state cases brought before the European Court of Human Rights, including by Armenia against Azerbaijan on 18 October 2020 (no.42521/20) and against Turkey on 9 May 2021 (no. 43517/20), and by Azerbaijan against Armenia on 26 October 2020 (47319/20).
8Among allegations made by both sides, backed up by reputable international NGOs and a wealth of information available from different sources, there is worrying evidence of:

27 September 2021

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Mr Rafael HUSEYNOV, Mr Erkin GADIRLI, Ms Nigar ARPADARAI, Mr Tural GANJALIYEV

Votes: 83 in favor 7 against 15 abstentions

In the draft resolution, paragraph 8, replace the words "there is worrying evidence" of with the following words:

"there are worrying reports on"

Explanatory note

The PACE is not an investigative institution to speak in terms of "evidence" and it is not prescribed in its mission to prove or disprove something. The PACE acts based on "reports" collected from different sources and therefore, it is important to replace the word "evidence" by the word "reports".

8.1extrajudicial killings, including, for example, the alleged decapitation or throat slitting of at least two Armenians and one Azerbaijani;
8.2substantial number of allegations of systematic inhuman and degrading treatment and torture of Armenian prisoners of war by Azerbaijanis, as well as a number of allegations of similar treatment of Azerbaijani prisoners of war by Armenians;

27 September 2021

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Mr Rafael HUSEYNOV, Mr Erkin GADIRLI, Ms Nigar ARPADARAI, Mr Tural GANJALIYEV

Votes: 88 in favor 4 against 8 abstentions

In the draft resolution, paragraph 8.2, delete the following word:

"systematic".

Explanatory note

By adjective "systematic" it is claimed that everyone who was captured by the armed forces of Azerbaijan was subjected to torture. This is an absolute distortion of facts propagated by the Armenian sources, which is aimed at denigrating the armed forces of Azerbaijan and Azerbaijan as a nation.

8.3highly disturbing evidence of despoliation of both Armenian and Azerbaijani dead;
8.4indiscriminate use of weapons killing and injuring civilians. According to the parties, there were 205 Armenian and 548 Azerbaijani casualties. In this respect, Armenian forces appear to have used ballistic missiles and unguided artillery and multiple rocket launchers, while Azerbaijani forces also appear to have used unguided artillery and multiple rocket launchers as well as loitering munitions and missiles launched by drones. Both sides had a responsibility to respect international humanitarian law and protect civilians from explosive weapons certain to have an impact in civilian areas and failed to do so;

27 September 2021

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Mr Rafael HUSEYNOV, Mr Erkin GADIRLI, Ms Nigar ARPADARAI, Mr Tural GANJALIYEV

Votes: 72 in favor 17 against 18 abstentions

In the draft resolution, paragraph 8.4, in the first sentence after the word "civilians", add the following words:

", particularly in places not located in the conflict zone"

8.5the use by Azerbaijan, with Turkey’s assistance, of Syrian mercenaries, and the use by Armenia of Armenians from different countries as foreign fighters.

27 September 2021

Tabled by Mr Ahmet YILDIZ, Mr Ziya ALTUNYALDIZ, Mr Mehmet Mehdi EKER, Mr Kamil AYDIN, Mr Halil ÖZŞAVLI, Ms Serap YAŞAR

If adopted, amendments 21, 9 falls.

Votes: 26 in favor 68 against 8 abstentions

In the draft resolution, paragraph 8.5, delete the following words:

"the use by Azerbaijan, with Turkey's assistance, of Syrian mercenaries, and".

Explanatory note

This allegation regarding the use of mercenaries by Azerbaijan with assistance of Turkey is false and fabricated by Armenian circles. There is no compelling evidence proving that Turkey and Azerbaijan had undertaken such an action.

27 September 2021

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Mr Rafael HUSEYNOV, Mr Erkin GADIRLI, Ms Nigar ARPADARAI, Mr Tural GANJALIYEV

Falls if amendment 16 is adopted.

Votes: 28 in favor 68 against 10 abstentions

In the draft resolution, paragraph 8.5, at the beginning of the sentence, add the following words:

"allegations of"

Explanatory note

The PACE can't make such an affirmative statement on this highly sensitive issue that it didn't deal with directly. These are only allegations reported by some sources that don't provide any convincing facts.

27 September 2021

Tabled by Mr Ruben RUBINYAN, Mr Vladimir VARDANYAN, Ms Sona GHAZARYAN , Ms Nazeli BAGHDASARYAN, Mr Eduard AGHAJANYAN

Falls if amendment 16 is adopted.

In the draft resolution, paragraph 8.5, after the words "Syrian mercenaries" add the following words:

"belonging to terrorist organisations, as foreign fighters"

27 September 2021

Tabled by Mr Ruben RUBINYAN, Mr Vladimir VARDANYAN, Ms Sona GHAZARYAN , Ms Nazeli BAGHDASARYAN, Mr Eduard AGHAJANYAN

Votes: 16 in favor 78 against 11 abstentions

In the draft resolution, paragraph 8.5, replace the words "and the use by Armenia of Armenians from different countries as foreign fighters" with the following words:

"and the alleged involvement of ethnic Armenian volunteers, nationals of third countries, on the Armenian side."

9In the light of the highly disconcerting information above, the Assembly calls on Armenia and Azerbaijan to fully investigate the allegations and bring to justice anyone, including at command level, found to be responsible for crimes, war crimes or other wrongful acts. Both countries should co-operate fully with the European Court of Human Rights on the complaints lodged against them, and Turkey is invited to do the same. Unless there is accountability and some form of truth and reconciliation, these allegations will poison relations between the two countries for generations, and the consequences of the conflict will linger.

In the draft resolution, paragraph 9, at the end of the first sentence, add the following words:

"during the 6-week war, as well as the 1991-1994 war".

Explanatory note

If the genuine intention is to ensure accountability, truth and reconciliation, then investigation of allegations of war crimes or other wrongful acts should not be limited to the 6-week war. The victims of the war of 1991-1994 also deserve to get justice for the crimes that were committed against them.

27 September 2021

Tabled by Mr Ahmet YILDIZ, Mr Ziya ALTUNYALDIZ, Mr Mehmet Mehdi EKER, Mr Kamil AYDIN, Mr Halil ÖZŞAVLI, Ms Serap YAŞAR

Votes: 25 in favor 68 against 6 abstentions

In the draft resolution, paragraph 9, delete the following words:

", and Turkey is invited to do the same".

Explanatory note

The interim measure against Turkey was lifted by the Court on 1 December 2020. There is no interim measure in effect. Furthermore, pursuant to Article 46 of the Convention, final judgments, rather than the findings of the Court are binding.

10The Assembly is gravely concerned that the conflict region is one of the most contaminated mine and unexploded ordnance regions in the world. In consequence the Assembly:
10.1considers that it is incumbent on both sides to work together to remove mines, deploring that since the November cease-fire, 159 Azerbaijanis and 5 Armenians have been killed or injured;
10.2welcomes that on 12 June, Armenia handed over maps indicating 97 000 mines in the region of Aghdam and on 3 July, maps of 92 000 mines in the Fuzuli and Zangilan districts, while noting with concern that, according to Azerbaijan, portions of the shared maps are said to lack necessary information required for effective demining;
10.3calls on Armenia to release, without delay, all mine maps in its possession;
10.4recommends that both Armenia and Azerbaijan step up mine and unexploded ordnance awareness programmes and calls on the international community to provide assistance in terms of equipment, training and funding, for the clearance of what could be around 1 million mines.
11Concerning the issue of displaced persons in Armenia, the Assembly:
11.1notes that, according to Armenian sources, around 91 000 Armenians fled from the conflict area during the 6-week conflict, 85% of whom were women and children;
11.2welcomes that notwithstanding many difficulties, including winter and Covid-19, the Armenian authorities, along with the international community, including importantly the ICRC, were able to deal with the basic humanitarian needs and shelter of displaced persons;
11.3notes, based on Armenian sources, there are currently around 36 000 Armenians from the six-week war who have not returned to their homes;
11.4notes the problems facing those displaced, namely long-term shelter, ongoing cash assistance, education for children and the provision of livelihoods, in particular for women.
12Concerning those from the Nagorno-Karabakh region who either remained or returned, the Assembly:
12.1strongly regrets the international community’s absence from the region due to ongoing disagreement between Armenia and Azerbaijan over the issue of access; in this sense, having in mind its Resolution 2240 (2018) “Unlimited access to member States, including ‘grey zones’, by Council of Europe and United Nations human rights monitoring bodies” and recalls the legal obligations on Council of Europe member States to co-operate fully and in good faith with international human rights monitoring mechanisms, including those of the Council of Europe and the United Nations;

In the draft resolution, paragraph 12.1, replace the words "strongly regrets the international community’s absence from the region due to ongoing disagreement between Armenia and Azerbaijan over the issue of access;" with the following words:

"strongly condemns the international community’s absence from the region due to ongoing disagreement over the issue of access;"

12.2reminds that all individuals in the Council of Europe area, including those living in conflict zones, are equally entitled to full protection under the European Convention on Human Rights, including via applicable monitoring mechanisms;
12.3shares their feeling of abandonment and notes their concerns over security due to border incidents, the vicinity of Azerbaijani troops, and the regular sound of shots being fired;

27 September 2021

Tabled by Mr Ruben RUBINYAN, Mr Vladimir VARDANYAN, Ms Sona GHAZARYAN , Ms Nazeli BAGHDASARYAN, Mr Eduard AGHAJANYAN

Votes: 65 in favor 24 against 6 abstentions

In the draft resolution, paragraph 12.3, after the word "abandonment", add the following words:

"by the international community"

12.4notes the difficulties they face in terms of livelihoods and the need to rebuild and repair war damage and provide new housing, as well as protection of their basic human rights;
12.5calls on all involved States to ensure unimpeded access of representatives of international independent humanitarian organisations and mass-media to the Nagorno-Karabakh region.
13The Assembly welcomes the support of the international community towards Armenia, and in particular the role played by the United Nations Resident Coordinator’s Office and High Commissioner for Refugees (UNHCR), as well the support of the European Union. The ICRC plays an essential role as the only international organisation with access to the whole conflict region. The Russian Federation also has access to the region and has performed an extremely important role in terms of providing humanitarian aid and security through its peacekeepers.
14Concerning the issue of displaced persons in Azerbaijan, the Assembly:
14.1notes that, according to Azerbaijani sources, around 84 000 Azerbaijanis were temporarily displaced during the 6-week war;
14.2welcomes that notwithstanding the difficulties of winter and Covid-19 that the Azerbaijani authorities were able to provide all necessary assistance. This they did without calling on the aid of the international community;
14.3welcomes that almost all those displaced by the 6-week war have returned to their homes, and most of the damage has been repaired;
14.4understands that the greater challenge now for Azerbaijan is the return of the 650 000 displaced from the 1991-1994 war and that 65% of these displaced persons would like to return to their homelands; recognises in this respect the enormous challenge faced by Azerbaijan as the territories are heavily mined and the damage is extensive. Areas such as Aghdam and Fuzuli are almost totally destroyed;
14.5welcomes the large-scale smart cities programme being developed by Azerbaijan and calls on the international community to provide assistance so that those displaced are able to return.
15In designing and implementing their respective policies towards displaced persons, the Assembly recommends that Armenia and Azerbaijan make good use of Council of Europe expertise in designing and implementing their respective policies ensuring that they comply with Council of Europe human rights and rule of law standards.
16The Assembly encourages the international community to continue to support Armenia and Azerbaijan and move towards a more mid and long-term strategy to include not just recovery but also peace building and confidence building measures.
17The Assembly is greatly concerned by the increase in incidents at various points of the border since May 2021. There have been deaths and injuries and Armenian soldiers have been taken captive. The Assembly therefore calls on both sides to:
17.1de-escalate and keep to the positions agreed by the parties under the Trilateral statement;
17.2negotiate on a process of delimitation and demarcation of the border and examine the possibility of creating a demilitarised zone with the presence of a peacekeeping or military monitoring force.
18The long running conflict has had a catastrophic impact on the cultural heritage and property of the region, for which both Armenia and Azerbaijan have a responsibility. In light of this, the Assembly:
18.1condemns the damage and destruction for which Armenia is responsible in the former conflict areas returned to Azerbaijan, and in particular the almost total destruction and looting of Aghdam, Fuzuli and other areas over the last 30 years, as well as the transfer of cultural heritage;
18.2condemns the destruction over the last 30 years of Armenian cultural heritage in Azerbaijan for which Azerbaijan is responsible, notably in Nakhchivan Autonomous Republic, and condemns the damage deliberately caused to cultural heritage during the 6-week war, and what appears to be the deliberate shelling of the St. Holy Saviour; Ghazanchetsots Cathedral in Shusha/Shushi as well as the destruction or damage of other churches and cemeteries during and after the conflict;

27 September 2021

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Mr Rafael HUSEYNOV, Mr Erkin GADIRLI, Ms Nigar ARPADARAI, Mr Tural GANJALIYEV

Votes: 24 in favor 69 against 5 abstentions

In the draft resolution, paragraph 18.2, delete the following word:

"deliberately".

Explanatory note

It would be not serious at all, if the PACE launches a trial of intent against Azerbaijan. How one can claim that Azerbaijan deliberately caused damage to its own cultural heritage located on its own lands? The conclusions of the PACE can't be grounded in baseless speculations spread by Armenia.

In the draft resolution, paragraph 18.2, replace the phrase "and what appears to be the deliberate" with the following word:

"including"

27 September 2021

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Mr Rafael HUSEYNOV, Mr Erkin GADIRLI, Ms Nigar ARPADARAI, Mr Tural GANJALIYEV

Votes: 60 in favor 15 against 17 abstentions

In the draft resolution, paragraph 18.2, after the word "shelling of", add the following words":

"the Gazanchi Church"

18.3remains concerned, in the light of past destruction, about the future of the many Armenian churches, monasteries, including the monastery in Khutavank/Dadivank, cross-stones and other forms of cultural heritage which have returned under Azerbaijan control;
18.4expresses concern about a developing narrative in Azerbaijan promoting a “Caucasian Albanian” heritage to replace what is seen as an “Armenian” cultural heritage;
18.5recommends that Armenia and Azerbaijan allow UNESCO unlimited access to all cultural heritage sites in both countries to assess the damage and assess the steps necessary to safeguard what remains;
18.6invites UNESCO to look into the developing narrative promoting a “Caucasian Albanian” heritage, to ensure it is not manipulated by either side.
19Hate speech has been a long-standing problem in both countries, as noted by the European Commission against Racism and Intolerance (ECRI) in its reports, in particular in relation to Azerbaijan, which has also been criticised by the Advisory Committee on the Framework Convention for the Protection of National Minorities. The Assembly:

27 September 2021

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Mr Rafael HUSEYNOV, Mr Erkin GADIRLI, Ms Nigar ARPADARAI, Mr Tural GANJALIYEV

Votes: 26 in favor 74 against 1 abstention

In the draft resolution, paragraph 19, delete the following words:

", in particular in relation to Azerbaijan,".

Explanatory note

There is absolutely no reason to single out Azerbaijan. The country was subjected to 30-year long military occupation, had to endure an ethnie cleansing and massive displacement of its population. Unfortunately, quite often the expression of frustrations by the people deeply affected by military aggression was portrayed as "hate speech".

19.1is shocked by the level of hate speech and hate crimes by both sides that took place during the 6-week war, including the filming of horrific acts and their sharing on social media;

27 September 2021

Tabled by Mr Ruben RUBINYAN, Mr Vladimir VARDANYAN, Ms Sona GHAZARYAN , Ms Nazeli BAGHDASARYAN, Mr Eduard AGHAJANYAN

Votes: 14 in favor 77 against 8 abstentions

In the draft resolution, paragraph 19.1, delete the following words:

"by both sides".

Explanatory note

To delete the words "by both sides", taking into account the scale of war crimes and the mentioned horrific films in social media by the Azeri side.

19.2welcomes various statements that Azerbaijan is proud of its multiculturalism but notes there remain statements at the highest level which continue to portray Armenians in an intolerant fashion. The so-called military “Trophy Park” in Baku creates serious concerns, and the Assembly considers that the use of caricatured and stereotyped mannequins exacerbates levels of intolerance and should have no place in a museum or society;

27 September 2021

Tabled by Mr Ruben RUBINYAN, Mr Vladimir VARDANYAN, Ms Sona GHAZARYAN , Ms Nazeli BAGHDASARYAN, Mr Eduard AGHAJANYAN

Votes: 74 in favor 15 against 5 abstentions

In the draft resolution, paragraph 19.2, replace the first sentence with the following sentence:

"takes note of various statements that Azerbaijan is proud of its multiculturalism but regrets that there remain statements at the highest level which continue to portray Armenians in an intolerant fashion."

19.3recommends that both countries take steps to tackle hate speech, including from public and high-level officials, as well as hate crimes. Both countries should introduce appropriate legislation with the assistance of the Council of Europe.
20The Assembly remains concerned and affected by the ongoing lack of access by international organisations to the Nagorno-Karabakh region and calls on both sides to facilitate such access.

27 September 2021

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Mr Rafael HUSEYNOV, Mr Erkin GADIRLI, Ms Nigar ARPADARAI, Mr Tural GANJALIYEV

Votes: 71 in favor 20 against 7 abstentions

In the draft resolution, delete paragraph 20.

Explanatory note

In paragraph 12.1 the Assembly already expresses "strong regret" on the lack of access and in paragraph 12.5 calls on "all involved States to ensure unimpeded access"; in paragraph 20, it is proposed to refer to the same issue. There is no necessity to come back here to this matter.

21In view of the many human rights issues linked to the humanitarian consequences of the conflict, the Assembly encourages the Council of Europe Commissioner for Human Rights to work with both the Azerbaijani Ombudsman and the Armenian Human Rights Defender to tackle these and to visit the region as soon as possible.

In the draft resolution, paragraph 21, replace the words "and the Armenian Human Rights Defender" with the following words:

", the Armenian Human Rights Defender, as well as the Human Rights Ombudsman of Nagorno-Karabakh"

22The Assembly invites Armenia and Azerbaijan to investigate the allegations raised and invites the delegations of both parliaments to the Parliamentary Assembly of the Council of Europe to start a dialogue on these.

27 September 2021

Tabled by Mr Ruben RUBINYAN, Mr Vladimir VARDANYAN, Ms Sona GHAZARYAN , Ms Nazeli BAGHDASARYAN, Mr Eduard AGHAJANYAN

Votes: 76 in favor 18 against 3 abstentions

In the title of the draft resolution, at the end of the sentence, add the following words:

"/Nagorno-Karabakh conflict"

CDraft Recommendation

1The Parliamentary Assembly refers to its Resolution ... (2021) “Humanitarian consequences of the conflict between Armenia and Azerbaijan”.

In the draft recommendation, paragraph 1, at the end of the sentence, add the following words:

"/Nagorno-Karabakh conflict".

Explanatory note

To reflect the proper wording used by UN, OSCE, PACE

In the draft resolution, in amendment 23, before the words “In the draft recommendation, paragraph 1”, insert the following words:

"In the title of the draft recommendation and"

2The Assembly believes that the Council of Europe has an important role to help both Armenia and Azerbaijan tackle the humanitarian consequences of the conflict between the two countries.

27 September 2021

Tabled by Mr Ruben RUBINYAN, Mr Vladimir VARDANYAN, Ms Sona GHAZARYAN , Ms Nazeli BAGHDASARYAN, Mr Eduard AGHAJANYAN

Votes: 16 in favor 68 against 10 abstentions

In the draft recommendation, paragraph 2, delete the following words:

"between the two countries"

3The Assembly therefore invites the Committee of Ministers to:
3.1take into account the humanitarian consequences of the conflict, when preparing new Action Plans for Armenia (2023-2026) and Azerbaijan (2022-2025) and show flexibility in on-going action plans and adapt them to the consequences of the conflict. The Committee of Ministers is invited to pay particular attention to the needs and rights of displaced persons and issues surrounding their return, confidence building measures for all affected communities, and measures necessary to build tolerant societies and tackle hate speech;
3.2follow up on the notification to the Committee of Ministers by the European Court of Human Rights, on 16 March 2021, concerning alleged Armenian captives, and promote a solution to this ongoing issue.