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Ensuring free and safe access through the Lachin Corridor

Doc. 15796: compendium of written amendments | Doc. 15796 | 22/06/2023 | Final version

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ADraft Resolution

1The Parliamentary Assembly recalls that for more than 30 years, Armenia and Azerbaijan have been in conflict involving Nagorno-Karabakh, and that both countries committed themselves to settle this dispute through peaceful means upon accession to the Council of Europe in January 2001.

22 June 2023

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Ms Konul NURULLAYEVA, Ms Parvin KARIMZADA, Ms Nigar ARPADARAI, Mr Erkin GADIRLI, Mr Rafael HUSEYNOV

If adopted, amendments 5, 6 falls.

Votes: 33 in favor 18 against 5 abstentions

In the draft resolution, paragraph 1, delete the following words:

"involving Nagorno-Karabakh"

Explanatory note

Using the word “involving” is completely wrong. The cause of the conflict was the aggression of Armenia against Azerbaijan for almost 30 years, and it was between the two countries. It was Armenia that was claiming the contrary to stall the negotiations, which essentially led to another war in 2020.

In the draft resolution, paragraph 1, before the words "Nagorno-Karabakh", add the following word:

"Karabakh/"

Explanatory note

The word "Nagorno-Karabakh" is an outdated term. During its aggression, Armenia invaded the Karabakh region of Azerbaijan. "Karabakh" is the correct word to refer to this region at the present time.

In the draft resolution, paragraph 1, after the word “Nagorno-Karabakh”, add the following words:

"(In the context of this document, the term "Nagorno-Karabakh" is used to refer to the part of the Karabakh Economic Region of the Republic of Azerbaijan, where the Russian peacekeeping contingent is temporarily deployed under the Trilateral Statement of the leaders of Azerbaijan, Armenia and the Russian Federation of 9-10 November 2020.)"

Explanatory note

The proposal for footnote with regard to the term "Nagorno Karabakh" aims at bringing the language of the document clarity as regards the geographic region of concern, as well as to ensure compliance with international regulations and norms with respect to the use of geographic names.

In the draft resolution, paragraph 1, replace the words "this dispute" with the following words:

"the conflict"

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

"It also recalls that during those 30 years, Armenia kept around 20% of the internationally-recognised territory of Azerbaijan under the illegal military occupation and forced about one million Azerbaijanis to become refugees and internally displaced persons."

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”, in Resolution 1416 (2005) “The conflict over the Nagorno-Karabakh region dealt with by the OSCE Minsk Conference” and in Resolution 2391 (2021) and Recommendation 2209 (2021) “Humanitarian consequences of the conflict between Armenia and Azerbaijan / Nagorno-Karabakh conflict”. It notes that Azerbaijan regained control of parts of its territory after a 44-day war, which ended with a ceasefire agreement signed on 9 November 2020 by President of the Republic of Azerbaijan Ilham Aliyev, Prime Minister of the Republic of Armenia Nikol Pashinyan and President of the Russian Federation Vladimir Putin, referred to as the Trilateral Statement.

In the draft resolution, paragraph 2, second sentence, after the words "It notes that", add the following words:

", following the 28 years of fruitless internationally-mediated talks,"

Explanatory note

The negotiations between Armenia and Azerbaijan over the past three decades have yielded no tangible results to put an end to the then military occupation of Azerbaijani territories by Armenia.

In the draft resolution, paragraph 2, second sentence, replace the words "regained control parts of" with the following words:

"liberated"

Explanatory note

Instead of "regaining", it is proposed to use "liberated", since the territories of concern had been under military occupation, which had been recognized as such by entire international community.

In the draft resolution, paragraph 2, second sentence, replace the words "ceasefire agreement" with the words "Trilateral Statement", and delete the words "referred to as the Trilateral Statement"

.

Explanatory note

The Trilateral Statement not only declares cessation of hostilities between Armenia and Azerbaijan, but also includes several elements for post-conflict peace building and normalization, such as withdrawal of forces from the territory of Azerbaijan, deployment of peacekeeping contingent, return of displaced persons, opening of communications etc.

3The Assembly welcomes the mutual recognition of the territorial integrity of Armenia and Azerbaijan and sees this as the first steps towards the end of a conflict which has already caused too many deaths and tragedies on both sides.

In the draft resolution, paragraph 3, replace the words "the end of" with the following words:

"the establishment of a lasting peace between the two neighbouring countries and leaving behind"

Explanatory note

Proposed amendments aims to improve the language of the text with a forward-looking approach.

4Following the 2020 war, which has allowed Azerbaijan to reclaim part of its territory by force, the Assembly is very concerned that that country’s leadership has not made any effort to reassure the Armenian population living on this territory that they are welcome to stay and continue living their lives there. On the contrary, the Assembly is extremely worried by events which have unfolded since the signature of the Trilateral Statement, and which culminated on 12 December 2022 with the interruption of the free and safe passage through the Lachin corridor and the subsequent deliberate cutting of electricity and gas supplies to the region.

In the draft resolution, paragraph 4, first sentence, after the words "Azerbaijan", add the following words:

"acting in accordance with the relevant norms and principles of international law"

Explanatory note

Azerbaijan, subjected to military aggression by Armenia, liberated its sovereign territories, exercising its rights under international law.

In the draft resolution, paragraph 4, first sentence, replace the word "reclaim" with the following word:

"liberate"

Explanatory note

Instead of "regaining", it is proposed to use "liberated", since the territories of concern had been under military occupation, which had been recognized as such by entire international community.

In the draft resolution, paragraph 4, first sentence, replace the word "force" with the following words:

"fighting against the occupying military forces of Armenia"

Explanatory note

This is the historical background of the conflict; the context should be given to readers accordingly.

22 June 2023

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Ms Konul NURULLAYEVA, Ms Parvin KARIMZADA, Ms Nigar ARPADARAI, Mr Erkin GADIRLI, Mr Rafael HUSEYNOV

If adopted, amendment 17 falls.

Votes: 13 in favor 50 against 1 abstention

In the draft resolution, paragraph 4, first sentence, replace the words "is very concerned that country’s leadership has not made any effort" with the following words:

"notes that Azerbaijan has expressed, at the highest level, its determination to reintegrate the Armenian residents living in its territory into Azerbaijan’s political, legal, economic, social system as equal citizens. However, it calls for more consistent efforts"

Explanatory note

Regretfully, the current text arbitrarily overlooks the consistent efforts that Azerbaijan has been making since November 2020 with respect to addressing the rights and security of ethnic Armenian residents of the conflict-affected territories. Azerbaijan has consistently expressed its determination to reintegrate these residents as equal citizens.

22 June 2023

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Ms Konul NURULLAYEVA, Ms Parvin KARIMZADA, Ms Nigar ARPADARAI, Mr Erkin GADIRLI, Mr Rafael HUSEYNOV

Falls if amendment 16 is adopted.

Votes: 13 in favor 48 against 4 abstentions

In the draft resolution, paragraph 4, first sentence, replace the words "that country’s leadership has not made any effort to reassure the Armenian population living on this territory", with the following words:

"the Armenian population living on this territory is not yet reassured"

In the draft resolution, paragraph 4, second sentence, after the words "On the contrary,", add the following words:

"displaced Armenians have not been able to return to these territories under the control of UNHCR, as stipulated by the Trilateral Statement, and»

In the draft resolution, paragraph 4, second sentence, after the words "Trilateral Statement" add the following words:

", including the continued illegal military presence of Armenia on the sovereign territory of Azerbaijan, the transfer of weapons and ammunition (most notably landmines) thereto, the illicit extraction of Azerbaijan’s natural resources, and the misuse of the Lachin corridor for these purposes in breach of the Trilateral Statement"

Explanatory note

The amendment is proposed to make the paragraph more comprehensive by including all the significant issues and problems that have been unfolded since November 2020.

In the draft resolution, paragraph 4, second sentence, replace the words "which culminated on 12 December 2022 with the interruption of the free and safe" with the following words

"the ensuing impact on"

(If rejected or withdrawn, Amendment 21 falls) In the draft resolution, paragraph 4, second sentence, replace the words "subsequent deliberate cutting" with the following words:

"interruption"

(Falls if Amendment 20 is rejected or withdrawn) In the draft resolution, at the end of paragraph 4, add the following words:

"as a result of infrastructure failures"

5While fully recognising Azerbaijan’s concern to ensure security within its territory and at its borders, the Assembly is struck by the fact that its leadership does not acknowledge the very serious humanitarian and human rights consequences stemming from the present situation.

In the draft resolution, paragraph 5, replace the words "struck by" with the following words:

"concerned by"

In the draft resolution, paragraph 5, delete the following words:

"fact that its leadership does not acknowledge the very serious"

In the draft resolution, at the end of paragraph 5, add the following words:

"related to the misuse of the Lachin road contrary to the Trilateral Statement."

6The Assembly is well-aware that this is a situation with two totally opposed narratives. For this reason, and because it believes in the benefits of dialogue, it deeply deplores that the Rapporteur was not invited to Azerbaijan during his fact-finding visit, and was thus unable to travel to the Lachin corridor to see the situation on the ground and discuss further with the authorities of Azerbaijan.
7The Assembly underlines that Azerbaijan has the responsibility to protect and ensure the security of everyone living within its internationally recognised borders and thus within its jurisdiction, pursuant to Article 1 of the European Convention on Human Rights (ETS No. 5), and believes that drawing international attention to the situation at the Lachin corridor and its human rights and humanitarian consequences is necessary in recalling this responsibility.

In draft resolution, paragraph 7, after the word "everyone", add the following words:

", including local ethnic Armenians,"

Explanatory note

Without clarifying who we have in our minds, this general paragraph would not make much sense.

8Recognising that the absence of free and safe access through the Lachin corridor is part of a much broader issue, the Assembly is convinced that a humanitarian response alone is not sufficient and that a political solution is needed. Welcoming the negotiations underway between Armenia and Azerbaijan under the auspices notably of the European Union and the United States of America, the Assembly stresses that the current situation is not sustainable and may well lead to the Armenian population being forced to leave their homes and communities if there is no resolution to the conflict. In this context, it urgently calls for addressing the issues of the rights and security of the Armenian population of Nagorno-Karabakh through dialogue between Baku and Khakendi/Stepanakert and a neutral international involvement in any peace implementation mechanism to be put in place.

In draft resolution, paragraph 8, first sentence, delete the following words:

"the absence of free and safe access through"

Explanatory note

"Absence of free and safe access through" does not reflect the reality on the ground. As it has been brought to the attention of the rapporteur on numerous occasions and also evident from publicly available sources, the Lachin road continues to be used by local Armenians, ICRC and Russian peacekeeping contingent.

In draft resolution, paragraph 8, second sentence, delete the following words:

"and may well lead to the Armenian population being forced to leave their homes and communities if there is no resolution to the conflict"

Explanatory note

A judgement that "Armenians will have been forced to leave their homes if resolution is not found", is a speculation void of any substantiation and apparently is based on false narrative of those who torpedo reintegration agenda.

In draft resolution, paragraph 8, third sentence, after the words "in this context", insert the following words:

"the Assembly calls on Armenia and Azerbaijan to cooperate with a view to ensuring safe and transparent movement across their mutual border, and"

Explanatory note

Further interaction and cooperation is needed to address all the issues stemming from the use of the Lachin road and operation of the border crossing point. Therefore, it is proposed to include a call to both Armenia and Azerbaijan to take steps to that end.

22 June 2023

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Ms Konul NURULLAYEVA, Ms Parvin KARIMZADA, Ms Nigar ARPADARAI, Mr Erkin GADIRLI, Mr Rafael HUSEYNOV

If adopted, amendment 30 falls.

Votes: 14 in favor 49 against 3 abstentions

In draft resolution, paragraph 8, third sentence, replace the words "the Armenian population of Nagorno-Karabakh" with the following words:

"Armenians living in Azerbaijan"

22 June 2023

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Ms Konul NURULLAYEVA, Ms Parvin KARIMZADA, Ms Nigar ARPADARAI, Mr Erkin GADIRLI, Mr Rafael HUSEYNOV

Falls if amendment 29 is adopted.

Votes: 14 in favor 45 against 6 abstentions

In draft resolution, paragraph 8, third sentence, replace the words "of Nagorno-Karabakh" with the following words:

"in Karabakh"

Explanatory note

There is no administrative region in Azerbaijan which is called "Nagorno-Karabakh". In the context of this paragraph, Armenians live in the Karabakh region of Azerbaijan, and with strict observance of the principles of territorial integrity and sovereignty of each member State, it should be named in accordance with relevant applicable national legislation.

22 June 2023

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Ms Konul NURULLAYEVA, Ms Parvin KARIMZADA, Ms Nigar ARPADARAI, Mr Erkin GADIRLI

If adopted, amendment 32 falls.

Votes: 14 in favor 46 against 5 abstentions

In draft resolution, paragraph 8, third sentence, delete the following words:

"between Baku and Khakendi/Stepanakert and a neutral international involvement in any peace implementation mechanism to be put in place"

Explanatory note

"Neutral international involvement" is not clear in the text. The peace deal that is currently under discussion between Armenia and Azerbaijan, and facilitated by the US, EU, Russia and other partners is separate from the reintegration agenda being pursued by the Government of Azerbaijan with local ethnic Armenians.

22 June 2023

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Ms Konul NURULLAYEVA, Ms Parvin KARIMZADA, Ms Nigar ARPADARAI, Mr Erkin GADIRLI, Mr Rafael HUSEYNOV

Falls if amendment 31 is adopted.

Votes: 14 in favor 50 against 4 abstentions

In draft resolution, paragraph 8, third sentence, delete the following words:

"between Baku and Khakendi/Stepanakert"

Explanatory note

The dialogue is to be conducted between the central authorities in Baku and local ethnic Armenians living in the Karabakh region of Azerbaijan. In the current sentence, the wording “Khakendi/Stepanakert” is not acceptable, since it may insinuate representing some kind of entity, which is not and can’t be the case.

22 June 2023

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Ms Konul NURULLAYEVA, Ms Parvin KARIMZADA, Ms Nigar ARPADARAI, Mr Erkin GADIRLI

Votes: 13 in favor 48 against 5 abstentions

In the draft resolution, after paragraph 8, insert the following paragraph:

"The Assembly welcomes the designation by Azerbaijan of a Special Representative to pursue dialogue with Armenians living on its territory, and it encourages the further pursuit of this dialogue with a view to ensuring their rights and security."

In the draft resolution, after paragraph 8, insert the following paragraph:

"The Assembly notes that Azerbaijan has established a border checkpoint on the interstate border with Armenia, in full compliance with international practice, and provides all necessary conditions for the movement of local Armenian residents in both directions. In this context, it deplores attempts by the Armenian side seeking to prevent local Armenians from using this checkpoint freely, which ultimately affects their situation."

9Noting the interim measures decided by the European Court of Human Rights on 21 December 2022 under Rule 39 of the Rules of the Court calling on the Government of Azerbaijan “to take all measures that are within their jurisdiction to ensure safe passage through the Lachin Corridor of seriously ill persons in need of medical treatment in Armenia and others who were stranded on the road without shelter or means of subsistence”, the Assembly calls on Azerbaijan to implement this decision with no further delay.

In draft resolution, paragraph 9, replace the words "calls on Azerbaijan to implement this decision with no further delay" with the following words:

"takes note of the measures implemented by Azerbaijan to abide by the said interim measures"

Explanatory note

It is inaccurate to describe the situation as if Azerbaijan is not complying with the interim measures indicated by the ECtHR, not least due to the fact that a significant number of ambulances passed through the road and hundreds were reunited with their families on both sides.

10Noting that the International Court of Justice ordered Azerbaijan to urgently “take all measures at its disposal to ensure unimpeded movement of persons, vehicles and cargo along the Lachin Corridor in both directions”, the Assembly calls on Azerbaijan to also comply with this order urgently.

In draft resolution, paragraph 10, before the word "comply", add the following words:

"continue to"

Explanatory note

In this case also, Azerbaijan provides for all conditions for unimpeded, safe and transparent passage of Armenian residents of Karabakh to pass the “Lachin” border checkpoint.

In draft resolution, paragraph 10, delete the following word:

"urgently"

11While noting that the mirror applications brought by Azerbaijan against Armenia were rejected by both international courts, the Assembly believes that Armenia must also play a role in de-escalating the tensions, and that it should be open to some form of international monitoring with the aim of assessing the veracity of Azerbaijan’s allegations regarding the illegal weapons being brought into Nagorno-Karabakh.

In the draft resolution, replace paragraph 11 with the following paragraph:

"While noting that the mirror applications brought by Azerbaijan against Armenia were rejected by both international courts, the Assembly welcomes Armenia’s readiness to play a role in de-escalating the tensions, and that it is open to international monitoring with the aim of assessing the veracity of Azerbaijan’s allegations regarding the illegal weapons being brought into Nagorno-Karabakh".

22 June 2023

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Ms Konul NURULLAYEVA, Ms Parvin KARIMZADA, Ms Nigar ARPADARAI, Mr Erkin GADIRLI, Mr Rafael HUSEYNOV

Falls if amendment 1 is adopted.

Votes: 12 in favor 48 against 4 abstentions

In draft resolution, paragraph 11, delete the following words:

"While noting that the mirror applications brought by Azerbaijan against Armenia were rejected by both international courts"

Explanatory note

This paragraph does not reflect sufficiently clearly and accurately the essence of the relevant legal proceedings. The application of Azerbaijan submitted to the ICJ requesting the indication of interim measures concerns another inter-state case on substantively different matter, thus cannot be construed as a mirror application.

22 June 2023

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Ms Konul NURULLAYEVA, Ms Parvin KARIMZADA, Ms Nigar ARPADARAI, Mr Erkin GADIRLI, Mr Rafael HUSEYNOV

Falls if amendment 1 is adopted.

Votes: 12 in favor 48 against 4 abstentions

In draft resolution, paragraph 11, delete the words "some form of international monitoring with the aim of"

22 June 2023

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Ms Konul NURULLAYEVA, Ms Parvin KARIMZADA, Ms Nigar ARPADARAI, Mr Erkin GADIRLI, Mr Rafael HUSEYNOV

Falls if amendment 1 is adopted.

Votes: 12 in favor 48 against 4 abstentions

In draft resolution, paragraph 11, replace the word "allegations" with the words:

"profound concerns"

Explanatory note

The presence of the illegal military forces remains a matter of serious security concern for Azerbaijan. Such kind of activities of Armenia is a vivid example of the breach of the Trilateral Statement, and constitute a blatant violation of territorial integrity and sovereignty of the Republic of Azerbaijan.

22 June 2023

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Ms Konul NURULLAYEVA, Ms Parvin KARIMZADA, Ms Nigar ARPADARAI, Mr Erkin GADIRLI, Mr Rafael HUSEYNOV

If adopted, amendment 42 falls. Falls if amendment 1 is adopted.

Votes: 12 in favor 50 against 3 abstentions

In draft resolution, paragraph 11, replace the words "Nagorno-Karabakh" with the following words:

"Azerbaijan’s sovereign territories, as well as the rotation and funding of armed formations therein"

Explanatory note

The presence of the armed forces of Armenia in the territory of Azerbaijan is not disputed and has even been confirmed by the senior officials of Armenia. Although the establishment of checkpoint has extensively prevented the rotation of those forces, Armenia continues to fund these illegal armed formations which is also confirmed by the leadership of this country.

22 June 2023

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Ms Konul NURULLAYEVA, Ms Parvin KARIMZADA, Ms Nigar ARPADARAI, Mr Erkin GADIRLI, Mr Rafael HUSEYNOV

Falls if amendments 41, 1 are adopted.

Votes: 13 in favor 48 against 4 abstentions

In draft resolution, paragraph 11, replace the word "Nagorno-Karabakh" with the following word:

"Karabakh"

12The Assembly calls on Azerbaijan to invite a Council of Europe delegation to visit the Lachin corridor and Nagorno-Karabakh for a fact-finding mission, to assess the situation on the ground. It also calls on Azerbaijan to let other international organisations access the region, including United Nations agencies, in particular the United Nations High Commissioner for Refugees (UNHCR) and the United Nations Educational, Scientific and Cultural Organization (UNESCO).

22 June 2023

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Ms Konul NURULLAYEVA, Ms Parvin KARIMZADA, Ms Nigar ARPADARAI, Mr Erkin GADIRLI, Mr Rafael HUSEYNOV

If adopted, amendment 44 falls.

Votes: 13 in favor 45 against 6 abstentions

In draft resolution, paragraph 12, first sentence, replace the word "Nagorno-Karabakh" with the following words:

"the relevant area"

22 June 2023

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Ms Konul NURULLAYEVA, Ms Parvin KARIMZADA, Ms Nigar ARPADARAI, Mr Erkin GADIRLI

Falls if amendment 43 is adopted.

Votes: 14 in favor 45 against 5 abstentions

In draft resolution, paragraph 12, first sentence, replace the word "Nagorno-Karabakh" with the following word:

"Karabakh"

In the draft resolution, paragraph 12, second sentence, replace the words "let other international organisations access the region" with the following words:

"continue to co-operate with other international organisations"

Explanatory note

Azerbaijan has not blocked any relevant international organizations from accessing its territory, including the Garabagh (Karabakh) region. On the contrary, the Government of Azerbaijan closely cooperates with international institutions such as UNHCR, UNEP, ICRC and others with respect to addressing the consequences of the conflict.

In the draft resolution, paragraph 12, second sentence, after the word "(UNESCO)" insert the following words:

"in line with their respective mandates and relevant principles regulating international humanitarian assistance"

13The Assembly recognises the crucial role played by the International Committee of the Red Cross (ICRC) in transporting patients through the Lachin corridor, reuniting separated families and transporting medicines, medical equipment, seeds and food to the inhabitants of Nagorno-Karabakh, as far as it was able. It recognises, as a key point, that such interventions should not be required, and that the fact that they are is a clear evidence that there is no free and safe access through the Lachin corridor.

In the draft resolution, paragraph 13, first sentence, replace the words "of Nagorno-Karabakh" with the following words:

"living in the territories of Azerbaijan where the Russian peacekeepers are temporarily deployed"

In the draft resolution, paragraph 13, delete the second sentence.

14In the full recognition of Armenia’s and Azerbaijan’s territorial integrity, the Assembly calls Azerbaijan for a genuinely constructive and peaceful approach towards its neighbour Armenia and the Armenians living in Nagorno-Karabakh. It strongly encourages Azerbaijan to invest all efforts for a free and safe movement both ways along the Lachin corridor. In the meantime, it urges Azerbaijan to restore electricity and gas supplies without delay or impediment, and to agree with Armenians a new route for gas supplies and the electricity grid through Armenian and not Azerbaijani territory.

22 June 2023

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Ms Konul NURULLAYEVA, Ms Parvin KARIMZADA, Ms Nigar ARPADARAI, Mr Erkin GADIRLI, Mr Rafael HUSEYNOV

If adopted, amendments 50, 51 falls.

Votes: 13 in favor 48 against 4 abstentions

In the draft resolution, replace paragraph 14 with the following paragraph:

"In the full recognition of Armenia’s and Azerbaijan’s territorial integrity, the Assembly underlines the need to achieve normalisation of their relations, and to this end, it strongly supports the negotiations on a peace agreement between the two countries to ensure lasting peaceful coexistence, reconciliation, and cooperation in the region. It also strongly encourages both countries to invest all efforts towards the opening of all transport communications in the region, including the route between Azerbaijan and its Nakhchivan region. In the meantime, it urges Azerbaijan to take necessary measures at its disposal to address electricity and gas supply issues without delay or impediment."

Explanatory note

Interruptions are not directly related to Azerbaijan. The International Court of Justice rejected the respective claim by Armenia. The amendment serves to reflect this matter. Furthermore, Azerbaijan, with its own resources, repeatedly redressed electricity and gas supply failures to the region which happened as a result of dilapidated infrastructure and severe climate.

22 June 2023

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Ms Konul NURULLAYEVA, Ms Parvin KARIMZADA, Ms Nigar ARPADARAI, Mr Erkin GADIRLI, Mr Rafael HUSEYNOV

If adopted, amendment 51 falls. Falls if amendment 49 is adopted.

Votes: 13 in favor 46 against 6 abstentions

In the draft resolution, paragraph 14, first sentence, replace the words "in Nagorno-Karabakh" with the following words:

"on its territory"

22 June 2023

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Ms Konul NURULLAYEVA, Ms Parvin KARIMZADA, Ms Nigar ARPADARAI, Mr Erkin GADIRLI, Mr Rafael HUSEYNOV

Falls if amendments 50, 49 are adopted.

Votes: 13 in favor 45 against 7 abstentions

In the draft resolution, paragraph 14, first sentence, replace the words "Nagorno-Karabakh" with the following word:

"Karabakh"

15The Assembly is extremely worried by the hostile and threatening rhetoric used against Armenians at the highest level of Azerbaijan’s leadership and urges Azerbaijan to repudiate such rhetoric and take steps to tackle both hate speech, including by public and high-level officials, and hate crimes. To this end, Azerbaijan is encouraged to introduce and implement appropriate legislation with the assistance of the Council of Europe. The Assembly is also aware of hate speech being used by individuals in Armenia and likewise urges Armenia’s leadership to condemn such hate speech and the authorities to take appropriate measures to punish it.

22 June 2023

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Ms Konul NURULLAYEVA, Ms Parvin KARIMZADA, Ms Nigar ARPADARAI, Mr Erkin GADIRLI, Mr Rafael HUSEYNOV

If adopted, amendment 2 falls.

Votes: 12 in favor 48 against 4 abstentions

In the draft resolution, replace paragraph 15 with the following paragraph:

"The Assembly is extremely worried by the hostile and threatening rhetoric used in Azerbaijan and Armenia. It urges the authorities of both countries to condemn hate speech and to take appropriate measures to punish it.”

Explanatory note

Hate speech is by no means unique to any single society. Instead of being one-sided, the proposed amendments aims at making the paragraph balanced and comprehensive by recalling the commitments of both Azerbaijan and Armenia to address this issue.

22 June 2023

Tabled by Ms Sona GHAZARYAN , Ms Hripsime GRIGORYAN, Mr Vladimir VARDANYAN, Ms Arusyak JULHAKYAN, Mr Armen GEVORGYAN

Falls if amendment 52 is adopted.

In the draft resolution, paragraph 15, replace the last sentence with the following sentence:

"The Assembly is also aware of hate speech being used by individuals in Armenia and commends the willingness of Armenia’s leadership to condemn such hate speech and to take appropriate measures to punish it."

16Without anticipating the outcome of the peace negotiations, the Assembly believes that, regardless of the citizenship issue, which should in any case not be detrimental to the Armenians of Nagorno-Karabakh, innovative solutions could be found to protect the rights of the Armenians in Nagorno-Karabakh, within the toolbox provided by the Council of Europe, which includes standards, instruments and programmes. The Assembly therefore calls on Armenia and Azerbaijan to take full advantage of the existing standards, instruments and programmes related to the enjoyment of minority rights, language and education, cultural heritage, decentralisation and local self-government options.

22 June 2023

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Ms Konul NURULLAYEVA, Ms Parvin KARIMZADA, Ms Nigar ARPADARAI, Mr Erkin GADIRLI, Mr Rafael HUSEYNOV

If adopted, amendment 54 falls.

Votes: 13 in favor 48 against 4 abstentions

In the draft resolution, replace paragraph 16 with the following paragraph:

"The Assembly believes that, in the context of the dialogue between the Azerbaijani authorities and ethnic Armenian residents, which should in any case not be detrimental to the Armenians living in Azerbaijan, innovative solutions could be found to protect the rights of the Armenians in Karabakh, within the toolbox provided by the Council of Europe, which includes standards, instruments, and programmes. The Assembly therefore emphasizes the importance of taking full advantage of the existing standards, instruments and programmes related to the enjoyment of minority rights, language and education, cultural heritage, decentralisation and local self-government options.

Explanatory note

Instead of peace negotiations being pursued between Armenia and Azerbaijan, protection of rights of ethnic Armenians as persons belonging to national minority is the subject of Azerbaijani authorities dialogue with representatives of this minority. Also, under international law, citizenship is core to addressing the rights of persons belonging to national minorities.

22 June 2023

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Ms Konul NURULLAYEVA, Ms Parvin KARIMZADA, Ms Nigar ARPADARAI, Mr Erkin GADIRLI, Mr Rafael HUSEYNOV

Falls if amendment 53 is adopted.

Votes: 13 in favor 47 against 5 abstentions

In the draft resolution, paragraph 16, first sentence, replace both occurrences of the words "Nagorno-Karabakh" with the following word:

"Karabakh"

17The consequences of the absence of free and safe access through the Lachin corridor have shown that confidence-building measures would certainly be useful in addressing certain situations. The Assembly therefore recommends Armenia and Azerbaijan to engage in confidence building measures under the auspices of the Council of Europe, notably with the involvement of medical doctors, journalists, youth and civil society. It also invites the Commissioner for Human Rights of the Council of Europe to offer her good services to establish and foster dialogue and co-operation between the Human Rights Defender of Armenia and the Commissioner for Human Rights of Azerbaijan.

22 June 2023

Tabled by Mr Samad SEYIDOV, Mr Kamal JAFAROV, Ms Konul NURULLAYEVA, Ms Parvin KARIMZADA, Ms Nigar ARPADARAI, Mr Erkin GADIRLI

Votes: 13 in favor 49 against 4 abstentions

In the draft resolution, paragraph 17, first sentence, replace the words "consequences of the absence of free and safe access through" with the following words:

"situation concerning"

Explanatory note

"Absence of access" does not correspond to reality and therefore, it is proposed to be amended accordingly.

18As there is no one better placed, the Assembly invites both Armenian and Azerbaijani parliamentary delegations to discuss the possible steps towards the establishment of a conducive and fruitful dialogue based on topics of mutual interest, with a view to decreasing tensions and building sincere co-operation, which would help to dispel fears and mistrust.

BDraft Recommendation

1Referring to Resolution ... (2023) “Ensuring free and safe access through the Lachin Corridor” and recognising the Committee of Ministers’ role as the guarantor of the protection of human rights within the member States of the Council of Europe, the Parliamentary Assembly draws the Committee of Ministers’ attention to the humanitarian and human rights crisis affecting the Armenians living in Nagorno-Karabakh, following Azerbaijan’s unilateral actions at the Lachin corridor in contradiction with the ceasefire agreement signed on 9 November 2020 by President of the Republic of Azerbaijan Ilham Aliyev, Prime Minister of the Republic of Armenia Nikol Pashinyan and President of the Russian Federation Vladimir Putin, referred to as the Trilateral Statement.

In the draft recommendation, paragraph 1, replace the word "crisis" with the following word:

"situation"

In the draft recommendation, paragraph 1, replace the words "Nagorno-Karabakh" with the following word:

"Karabakh"

In the draft recommendation, paragraph 1, delete the following words:

"following Azerbaijan’s unilateral actions at the Lachin corridor in contradiction with the ceasefire agreement signed on 9 November 2020 by President of the Republic of Azerbaijan Ilham Aliyev, Prime Minister of the Republic of Armenia Nikol Pashinyan and President of the Russian Federation Vladimir Putin, referred to as the Trilateral Statement."

Explanatory note

It is not within the mandate and authority of the PACE to make a judgment on interpretation of the Trilateral Statement. Doing so would be partial and biased, as the PACE is not authorized by the parties to provide such a judgment.

2Regretting that the Assembly Rapporteur was not invited to Azerbaijan and was thus unable to gather first-hand information on the spot, the Assembly requests that a Council of Europe fact-finding mission be organised to Azerbaijan as early as possible, with the aim of assessing the situation where Armenians live and have been affected by the absence of a free and safe access through the Lachin corridor since 12 December 2022.

In the draft recommendation, paragraph 2, replace the words "absence of a free and safe access through" with the following words:

"situation around"

Explanatory note

“Absence of access” to the Lachin road does not correspond to the real state of affairs on the ground. Hundreds of ethnic Armenians, along with the ICRC and Peacekeeping staff do enjoy access to the road without any discrimination, or undue impediment.

3Acknowledging the feeling of insecurity and threat experienced by the Armenian population living in Nagorno-Karabakh, the Assembly believes that the Council of Europe may play an important role in fostering trust and dialogue between its two member States, notably through confidence-building measures. It therefore encourages the Committee of Ministers to develop new activities within the existing action plans or through a sui generis co-operation instrument, which would aim, inter alia, to tackle hate speech, in particular unacceptable language and rhetoric employed by members of the Government of Azerbaijan in relation to members of the Armenian population, and to contribute to building a climate of tolerance and mutual respect.

In the draft recommendation, paragraph 3, replace the words "by the Armenian population living in Nagorno-Karabakh" with the following words:

"by Azerbaijanis and Armenians due to the decades-long, bloody conflict"

Explanatory note

Mistrust and fear are mutual, not unique to either Armenians or Azerbaijanis. Failure to grasp this sad reality is utterly counter-productive in terms of contributing to peacebuilding and reconciliation.

In the draft recommendation, paragraph 3, replace the words "Nagorno-Karabakh" with the following word:

"Karabakh"

In the draft recommendation, paragraph 3, delete the following words:

"in particular unacceptable language and rhetoric employed by members of the government of Azerbaijan in relation to members of the Armenian community"