The humanitarian situation in Nagorno-Karabakh
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 12 October 2023 (23rd sitting) (see Doc. 15840, report of the Committee on Migration, Refugees and
Displaced Persons, rapporteur: Mr Domagoj Hajduković). Text adopted by the Assembly on
12 October 2023 (23rd sitting).See also Recommendation 2260 (2023).
1. Recalling Azerbaijan’s “commitment
to a peaceful settlement of the Nagorno-Karabakh conflict” as specified
in
Opinion 222 (2000) “Azerbaijan’s
application for membership of the Council of Europe”, the Parliamentary
Assembly strongly condemns the military operation launched by the
Azerbaijani army in Nagorno-Karabakh on 19 September 2023. The Assembly
recognises the territorial integrity of Azerbaijan. It underlines
that this entails this country’s responsibility for the actions
it takes within its internationally recognised borders.
2. The Assembly notes that the military operation took place
after a ten-month period during which the Armenian population of
this region were denied free and safe access through the Lachin
Corridor, the only passageway to Armenia and the rest of the world,
a situation which led to extremely acute food and supply shortages
and left all inhabitants highly vulnerable. This was in clear disregard
of the provisional and interim measures addressed to Azerbaijan
by the International Court of Justice and the European Court of
Human Rights, whose decisions also noted the obligation of Azerbaijan
under the 2020 Trilateral Statement to “guarantee the security of
persons, vehicles and cargo moving along the Lachin Corridor in
both directions”. In this context, the Assembly recalls the most
recent decision of the European Court of Human Rights of 22 September
2023 to indicate interim measures under Rule 39 of its rules in
respect of Azerbaijan and urges Azerbaijan to implement these measures
without further delay.
3. The Assembly deeply regrets that, just at a time when the
situation concerning the transport of humanitarian supplies to the
population seemed to improve and a glimpse of hope was emerging,
a contributing factor to the escalation of the situation was the
killing of Azerbaijani civilians and law-enforcement personnel in
a mine explosion, and that Azerbaijan took the decision to launch
this show of force. Indeed, the combination of acute food and supply
shortages for the population over a period of months, followed by
a military operation and the opening of the corridor to Armenia
for departures, following each other in such short succession, could
be perceived as being designed to incite the civilian population
to leave the country.
4. The Assembly strongly believes that this long-standing and
tragic conflict can only be resolved peacefully, through dialogue
and unambiguous signals of goodwill, and on the basis of the applicable international
law, fully respecting the human rights of everyone living there.
5. The Assembly recalls the positive obligations of Azerbaijan
to ensure the protection of everyone living in its sovereign territory
and under its jurisdiction, including the Armenian population of
this region. These obligations are enshrined in the international
human rights treaties to which Azerbaijan is a party, in particular the
European Convention on Human Rights (ETS No. 5, the Convention)
and the Framework Convention for the Protection of National Minorities
(ETS No. 157), the International Covenant on Civil and Political
Rights and International Convention on the Elimination of All Forms
of Racial Discrimination.
6. The Assembly underlines the obligation now incumbent on Azerbaijan,
under Articles 2 and 3 of the European Convention on Human Rights,
to conduct a thorough, transparent, independent and effective investigation
into the deaths, disappearances and allegations of ill-treatment
which occurred during and after its recent military operation. Azerbaijan
also has an obligation under Protocol No. 4 to the Convention (ETS No. 46)
to respect the right of the Armenians of this region to freedom
of movement, including the right to leave any country (Article 2
of Protocol No. 4), and the right to enter the territory of the
State of which they are nationals (Article 3 of Protocol No. 4).
These rights, as well as the right to respect for private and family
life and home (Article 8 of the Convention) and the right to the
peaceful enjoyment of possessions (Article 1 of Protocol No. 1 (ETS
No. 9)) could be breached if the Armenians who have fled the region
were to be prevented from returning voluntarily to the homes and
lands they left behind or if these were to be transferred or de facto expropriated.
7. The Assembly recalls that Azerbaijan is further bound by international
standards for the protection of national minorities and for the
prevention of population displacement, and has moreover the obligation
to provide and allow for humanitarian assistance to those Armenians
who today remain on its territory in the region.
8. The Assembly notes the promises made by the Republic of Azerbaijan
that the rights and freedoms of the Armenian residents would be
ensured in line with its constitution and applicable international
obligations, including those mentioned above. The Assembly notes
the announcement by the Government of the Republic of Azerbaijan
with respect to its plans for the reintegration of Armenian residents
and for ensuring their rights, including in such areas as security,
socio-economic development and religious, cultural and linguistic
rights.
9. The Assembly welcomes the invitation by Azerbaijan to the
United Nations to visit the region and notes the preliminary conclusions
of the United Nations mission that took place on 1 October 2023.
It also welcomes the planned visit by the Council of Europe Commissioner
for Human Rights to Azerbaijan, including its Nagorno-Karabakh region,
and the co-operation of the Azerbaijani authorities to facilitate
this visit. The Assembly expects that this invitation will also
be extended to its members.
10. The Assembly has witnessed with great sadness and a sense
of powerlessness the massive exodus in recent days of the Armenian
population from this region of Azerbaijan, resulting immediately
from the launch of the military operation and the agreement reached
by the Azerbaijani authorities with the self-proclaimed authorities,
who have announced their dissolution.
11. Strongly regretting that almost the entire Armenian population
of the region – more than 100 600 persons at the time of the adoption
of this Resolution – has left its ancestral homeland and fled to
Armenia, certainly because of the genuine threat of physical extinction,
a long-standing policy in Azerbaijan of hatred towards Armenians
and a lack of trust regarding their future treatment by the Azerbaijani
authorities, the Assembly recognises the huge responsibility now
placed upon Armenia to cope with the refugee crisis underway. The Assembly
also notes, according to the available information, that the relevant
independent bodies present on the ground, such as the United Nations
agencies, have not recorded incidences of mistreatment by Azerbaijani authorities
of Armenians leaving for Armenia. It welcomes the declarations of
support and solidarity clearly expressed in Armenia for the refugees
and calls on the Council of Europe member States to join Armenia
in this endeavour by providing not only financial support but also
expertise, in particular in the area of mental health and psychological
support for this traumatised population. The Council of Europe member
States should also be ready to demonstrate European solidarity in
welcoming a part of the refugee population, should they wish to
settle elsewhere.
12. The Assembly regrets the human tragedy unfolding today, as
well as the long-standing and continuing failure on the part of
the authorities of Azerbaijan to reassure the Armenian population
in this region about their safety and full respect for their rights,
and to guarantee them a future free from acts or expressions of
reprisal or revenge for the events which took place in the 1990s
and during the 2020 war.
13. In its
Resolution
2508 (2023) “Ensuring free and safe access through the
Lachin Corridor”, the Assembly noted the lack of acknowledgment
on the part of the leadership of Azerbaijan for the very serious
humanitarian and human rights consequences stemming from the blockade
of the Lachin Corridor. The factual situation today, with the massive
exodus of almost the entire Armenian population from this region,
has led to allegations and reasonable suspicions that this amounts
to ethnic cleansing. The Assembly notes in this respect that the practice
of ethnic cleansing may give rise to individual criminal responsibility
under international law, insofar as it has the characteristics of
specific war crimes (ordering the displacement of the civilian population)
or crimes against humanity (deportation or forcible transfer of
the population and persecution against any identifiable group),
in accordance with the Rome Statute of the International Criminal
Court and general international law. The Assembly notes the strong
statements by Azerbaijan refuting such allegations and suspicions
and calls upon the authorities to spare no effort in proving, through
deeds and words, that this is not the case.
14. The Assembly strongly believes that this tragic exodus of
almost a whole population from its ancestral homeland must not be
accepted as the new reality: it is not too late for Azerbaijan to
redress the situation and prove its goodwill. As a member State
of the Council of Europe, Azerbaijan can and should demonstrate,
at this difficult time, its willingness and clear intention to calm
fears and uphold its obligations under the human rights instruments
to which it is a party, and its commitment to the core values of
our Organisation.
15. Each man, woman, elderly person or child who has left their
home because of their belief that their personal security and that
of all Armenians would be in peril after the recent events in the
region will have their own story to tell. Beyond these individual
human stories, the security and stability of the entire South Caucasus region
are at stake and must be preserved and, for this reason, the Assembly
calls on Azerbaijan to do everything within its power to demonstrate
its willingness to live in peace with its neighbour, Armenia. The Assembly
expects both Armenia and Azerbaijan to fully respect each other’s
territorial integrity and sovereignty, as well as the inviolability
of their respective borders. The Assembly calls for greater regional
co-operation and for the opening of regional connectivity links
based on full respect for countries’ sovereignty, territorial integrity
and jurisdiction, as well as for the principles of equality and
reciprocity. This is particularly important in the context of a
possible transport link with Nakhchivan, which cannot be established
against the will of Armenia or to the detriment of its freely determined
national interests. In this context, the Assembly supports all efforts
directed towards the normalisation of relations between Armenia
and Azerbaijan, based on mutual recognition of sovereignty, inviolability
of borders and territorial integrity of both countries, on the basis of
the 1991 Almaty Declaration.
16. It is now incumbent upon Azerbaijan to create the climate
of trust and material conditions for the Armenians of this region
to be able to return to their homeland. It should indeed take active
steps to reassure them and encourage them to do so. This involves
gaining their confidence in the willingness of Azerbaijan to guarantee
and uphold the protection of their lives and rights, including the
right to liberty and security, the right to education in their own
language, freedom of expression and freedom of assembly and association,
the prohibition of discrimination, the protection of their religious
and cultural rights and their right to property, as well as the
possibility to maintain transborder relations with Armenia and their
relatives living there.
17. The Assembly believes that this will require genuine, immediate
and public investment on the part of Azerbaijan in clear and unequivocal
statements, accompanied by discussions with the relevant parties
on the concrete measures which will be put in place to protect the
security and linguistic, religious, cultural and other minority
rights of Armenians from this region. Any expressions of intolerance
or revenge for past events are particularly unwelcome during this
period, and the Assembly calls upon Azerbaijan to pay particular
attention to this aspect. Indeed, given previous such statements
there is a clear onus upon the political leadership at the highest
level to express its firm rejection of any expressions of hate or
revenge. The Assembly calls on Azerbaijan to extend its protection
to the Armenian cultural heritage of the region.
18. Undoubtedly, a process of transitional justice to address
the crimes which were perpetrated in the 1990s and during the 2020
war will be indispensable to ensuring durable and sustainable peace
in the region and between Armenia and Azerbaijan. The Assembly considers
that such a process, while complex, may prove more fruitful in restoring
confidence than aggressive actions, rhetoric or the instigation
of criminal proceedings against the former leaders of Nagorno-Karabakh.
The Assembly calls on Azerbaijan to release all detained representatives
of Nagorno-Karabakh and all Armenian prisoners of war currently
held in Azerbaijan.
19. The Assembly welcomes the deployment by the United Nations
of a mission to Nagorno-Karabakh for the first time in more than
thirty years, the aim of which is to assess humanitarian needs in
the region. It expresses its hope that this visit will be swiftly
followed by an agreement on the part of the Azerbaijani authorities
to organise high-level and fact-finding visits from other international
bodies, in particular relevant institutions and bodies of the Council
of Europe.
20. In this respect, the Assembly believes that a visit by the
Commissioner for Human Rights in the very near future and the visit
later this year by the Advisory Committee on the Framework Convention
for the Protection of National Minorities in the context of its
regular monitoring cycle, would be a clear sign of Azerbaijan’s willingness
to engage with the Organisation on the measures now needed. The
facilitation of such visits will allow the Organisation to gain
the best overview of the situation, conduct a more effective dialogue
with the authorities of Azerbaijan and lend its expertise and support
in redressing the situation, including as regards the protection
and reassurance of the remaining Armenian population, the safeguarding
of the property and other assets of those who have sought refuge
abroad in the current situation, and the necessary measures to ensure that
Azerbaijan encourages the return of this population to its homeland.
21. In particular, the Council of Europe could offer its expertise
in confidence-building measures, aiming to allow the Armenian population
of this region to feel confident enough to return to its homeland
and to live in peaceful and trustful relations, both with the Azerbaijani
authorities and with its neighbours in the region.
22. The Assembly considers that in addition to the urgent need
for access to the region for the relevant Council of Europe institutions
and bodies, the authorities of Azerbaijan should regularly provide
the Secretary General and the Committee of Ministers with full and
detailed information on the measures which have already been taken
and that are planned to protect and enhance the rights and freedoms
of the Armenians from this region under the European Convention
on Human Rights, in particular with a view to reassuring those who
wish to return home that they can do so in complete safety.
23. Conscious of the focused scope of this report, which is centred
exclusively on the humanitarian situation which has affected the
Armenian population of Nagorno-Karabakh following Azerbaijan’s military
operation of 19 and 20 September 2023, the Assembly stands ready
to examine in greater depth the political and legal implications
of the unfolding situation and future measures. Should Azerbaijan
fail to fulfil its obligations, the Assembly will have no other
alternative than to call for the initiation of a complementary joint
procedure between the Committee of Ministers and the Parliamentary
Assembly in response to a serious violation by Azerbaijan of its
statutory obligations and to challenge the credentials of the Azerbaijani
delegation at its first part-session of 2024.
