Humanitarian situation in Nagorno-Karabakh
Resolution 2517
(2023)
| Provisional version
- 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), 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 the responsibility
of this country for the actions it takes within its internationally
recognised borders.
2. The Assembly notes that this military operation took place
after a ten-month period during which the Armenian population of
this region has been denied free and safe access through the Lachin
Corridor, the only road allowing it to reach Armenia and the rest
of the world, leading to a situation of extremely acute food and supply
shortages and high vulnerability of all inhabitants. 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 them without
further delay.
3. The Assembly deeply regrets that just at a time when the situation
concerning the transport of the humanitarian supply 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
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 towards 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) and the Framework
Convention for the Protection of National Minorities (ETS No. 157),
the International Covenant on Civil and Political Rights and the
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. It
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
lives and their homes (Article 8) and the right to the peaceful
enjoyment of possessions (Article 1 of Protocol No. 1 (ETS No. 9))
would 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
remaining as of today 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 will be ensured
in line with its Constitution and applicable international obligations, including
those mentioned above. The Assembly notes the announcement of the
plans of the Government of the Republic of Azerbaijan with respect
to the reintegration of Armenian residents and 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 be extended
to its members as well.
10. The Assembly has witnessed with great sadness and a sense
of powerlessness the massive exodus over recent days of the Armenian
population from this region of Azerbaijan, following on immediately
from the launch of the military operation and the agreement reached
by the Azerbaijan 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 out of genuine threat of physical extinction,
a long-standing policy of hatred in Azerbaijan towards Armenians
and a lack of trust in 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 accompany 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 those persons 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
of this region of their safety and the full respect of their rights,
and to guarantee an approach to their future, free of acts or expressions
of reprisals or revenge for the events which took place in the 1990s
and during the 2020 war.
13. In its
Resolution
2508 (2023), 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 the almost entire Armenian population from this region,
has led to allegations and reasonable suspicion that this can amount
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, in so far as it has the
characteristics of specific war crimes (ordering the displacement
of civilian population) or crimes against humanity (deportation
or forcible transfer of 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 of Azerbaijan refuting such allegations and
suspicions and calls upon the authorities to spare no efforts in
proving in 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 and collective
security as 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 of countries' sovereignty, territorial
integrity and jurisdiction, as well as on 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 interest. 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, 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 encourage and reassure 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 to this end, accompanied by discussions with the relevant parties
on the concrete measures which will be put in place to protect the
security, language, religious, cultural and other minority rights
of Armenians from this region. Any expressions of intolerance or
revenge for past events are particularly unwelcome in 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 ensure 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 as well as 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
30 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 of the
Commissioner for Human Rights in the very near future and the visit
later this year of 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 to 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 encourage
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 its neighbours in the region.
22. The Assembly considers that in addition to the urgent need
for access to the region for the Council of Europe relevant 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 securing confidence
in a safe return for those who so wish.
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 19-20 September 2023, the Assembly stands ready to
examine in further depth the political and legal implications of
the unfolding situation and the measures to come. Should Azerbaijan
fail to fulfil its obligations, the Assembly shall 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 challenge the credentials of the Azerbaijani
delegation at its first part-session of 2024.
