Humanitarian consequences of the conflict between Armenia and Azerbaijan / Nagorno-Karabakh conflict
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 27 September 2021 (24th sitting) (see Doc. 15363, report of the Committee on Migration, Refugees and
Displaced Persons, rapporteur: Mr Paul Gavan). Text adopted by the Assembly on
27 September 2021 (24th sitting).See also Recommendation 2209 (2021).
1. The Parliamentary Assembly regrets
the tragic humanitarian consequences of the conflict between Armenia
and Azerbaijan / Nagorno-Karabakh conflict. It is a conflict which
has seen two major outbreaks of war, the first from the end of 1991
to 1994, and a six-week war in 2020.
3. The 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. It deeply
regrets that this common commitment has remained unfulfilled for
all these years, as the negotiations between Armenia and Azerbaijan
over the past three decades have yielded no tangible results. Therefore,
the six-week war in 2020 constitutes a breach of these commitments
and should be duly addressed by the Council of Europe.
4. The Assembly notes that the recent six-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 ceasefire and creates a framework for solving many of the humanitarian
consequences of the recent six-week war and conflict.
5. The Assembly is appalled by the number of people killed or
missing during the six-week war: reportedly over 3 900 Armenian
and 2 900 Azerbaijani military personnel 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.
6. The Assembly notes that under Article 8 of the trilateral
statement, “[a]n exchange of prisoners of war … is to be carried
out”, and that both countries claim to have complied with this.
However, the Assembly notes with concern the notification by 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:
6.1 notes 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 cessation of active hostilities;
6.2 considers 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;
6.3 is 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
made by Armenia that these persons have been subjected to enforced
disappearance and possibly killed;
6.4 calls on the Azerbaijani authorities to expedite their
investigations into this matter and provide relevant information
to the European Court of Human Rights and to Armenia;
6.5 welcomes 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 those repatriated to over 100;
6.6 remains concerned about the detention conditions of around
48 Armenians captured after the trilateral statement, who are still
in captivity, most of whom have faced or are facing speedy criminal trials,
which may raise fair trial issues under the European Convention
on Human Rights (ETS No. 5);
6.7 calls on the Azerbaijani authorities to release all remaining
captives and return them to Armenia without further delay;
6.8 encourages 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
to these persons.
7. The Assembly is concerned about the many allegations of crimes,
war crimes and other wrongful acts levelled against both Armenia
and Azerbaijan during the six-week war. It notes the individual
cases and interstate cases brought before the European Court of
Human Rights, including those by Armenia against Azerbaijan on 27
September 2020 (Application No. 42521/20) and against Turkey on
4 October 2020 (Application No. 43517/20), and by Azerbaijan against
Armenia on 27 October 2020 (Application No. 47319/20).
8. Among allegations made by both sides, backed up by reputable
international non-governmental organisations and a wealth of information
available from different sources, there are worrying allegations
and evidence of:
8.1 extrajudicial
killings, including, for example, the alleged decapitation or throat-slitting
of at least two Armenians and one Azerbaijani;
8.2 a substantial number of consistent allegations of 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;
8.3 highly disturbing evidence of despoliation of both Armenian
and Azerbaijani dead;
8.4 the indiscriminate use of weapons resulting in the killing
and injuring of civilians, particularly in places not located in
the conflict zone. According to the parties, there were 205 Armenian
and 548 Azerbaijani casualties. In this respect, Armenian forces
appear to have used ballistic missiles, 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 that were certain to have an impact in civilian
areas and failed to do so;
8.5 the use by Azerbaijan, with Turkey’s assistance, of Syrian
mercenaries, and the use by Armenia of Armenians from different
countries as foreign fighters.
9. In 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. Appropriate investigations should also
be carried out in relation to allegations of crimes, war crimes
or other wrongful acts which took place during the 1991-1994 war,
for which there should be similar accountability.
10. The Assembly is gravely concerned that the conflict region
is one of the most contaminated by mines and unexploded ordnance
in the world. In consequence, the Assembly:
10.1 considers that it is incumbent on both sides to work together
to remove mines, deploring that since the November 2020 ceasefire,
159 Azerbaijanis and 5 Armenians have been killed or injured;
10.2 welcomes the fact that on 12 June 2021, Armenia handed
over maps indicating 97 000 mines planted in the region of Aghdam
and, on 3 July, maps showing 92 000 mines planted in the Fuzuli
and Zangilan districts, while noting with concern that, according
to Azerbaijan, portions of the shared maps are said to lack the
information necessary for effective demining;
10.3 calls on Armenia to release, without delay, all mine maps
in its possession;
10.4 recommends 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 a million
mines.
11. Concerning the issue of displaced persons in Armenia, the
Assembly:
11.1 notes that, according
to Armenian sources, around 91 000 Armenians fled from the conflict
area during the six-week conflict, 85% of whom were women and children;
11.2 welcomes that, notwithstanding many difficulties including
those caused by winter and Covid-19, the Armenian authorities, along
with the international community, including, importantly, the ICRC,
were able to meet the basic humanitarian needs of displaced persons
and provide them with shelter;
11.3 notes, based on Armenian sources, that there are currently
around 36 000 Armenians from the six-week war who have not returned
to their homes;
11.4 notes the problems facing those displaced, namely the
lack of long-term shelter, ongoing cash assistance, education for
children and the provision of livelihoods, in particular for women.
12. Concerning those from the Nagorno-Karabakh region who either
remained or returned, the Assembly:
12.1 strongly regrets the international community’s absence
from the region, due to an 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”, it 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;
12.2 recalls 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;
12.3 shares their feeling of abandonment by the international
community and notes their concerns over security due to border incidents,
the proximity of Azerbaijani troops and the regular sound of shots being
fired;
12.4 notes the difficulties they face in terms of livelihoods
and the need to rebuild and repair war damage and be provided with
new housing, as well as protection of their basic human rights;
12.5 calls on all States involved to ensure unimpeded access
by representatives of international independent humanitarian organisations
and the media to the Nagorno-Karabakh region.
13. The Assembly welcomes the international community’s support
for Armenia, and in particular the role played by the United Nations
Resident Coordinator 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
region affected by the conflict. 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.
14. Concerning the issue of displaced persons in Azerbaijan, the
Assembly:
14.1 notes that, according
to Azerbaijani sources, around 84 000 Azerbaijanis were temporarily displaced
during the six-week war;
14.2 welcomes the fact that, notwithstanding the difficulties
caused by winter and Covid-19, the Azerbaijani authorities were
able to provide all necessary assistance. They did so without calling
on the international community for help;
14.3 welcomes the fact that almost all those displaced by the
six-week war have returned to their homes, and most of the damage
has been repaired;
14.4 understands that the greater challenge now for Azerbaijan
is the return of the 650 000 displaced persons from the 1991-1994
war and the fact that 65% of these displaced persons would like
to return to their homes; 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 have
been almost totally destroyed;
14.5 welcomes 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.
15. The Assembly recommends that Armenia and Azerbaijan make good
use of Council of Europe expertise when designing and implementing
their respective policies in support of displaced persons, thereby
ensuring that they comply with Council of Europe human rights and
rule of law standards.
16. The Assembly encourages the international community to continue
to support Armenia and Azerbaijan and move towards a more mid- and
long-term strategy that includes not just recovery, but also peacebuilding and
confidence-building measures.
17. The Assembly is greatly concerned by the increase in incidents
at various points on 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:
17.1 de-escalate the situation and
keep to the positions agreed by the parties under the trilateral statement;
17.2 negotiate 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.
18. The long-running conflict has had a catastrophic impact on
the cultural heritage and property of the region, for which both
Armenia and Azerbaijan are responsible. In light of this, the Assembly:
18.1 condemns 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 thirty years,
as well as the transfer of cultural heritage;
18.2 condemns the destruction over the last thirty 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 six-week
war, and what appears to be the deliberate shelling of the Gazanchi
Church, 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;
18.3 remains concerned, in the light of past destruction, about
the future of the many Armenian churches, monasteries, including
the monastery in Khutavank/Dadivank, cross-stones (khachkars) and other
forms of cultural heritage which have been returned under Azerbaijan
control;
18.4 expresses concern about a developing narrative in Azerbaijan
promoting a “Caucasian Albanian” heritage to replace what is seen
as an “Armenian” cultural heritage;
18.5 recommends that Armenia and Azerbaijan allow the United
Nations Educational, Scientific and Cultural Organization (UNESCO)
unlimited access to all cultural heritage sites in both countries
to assess the damage and the steps necessary to safeguard what remains;
18.6 invites UNESCO to look into the developing narrative promoting
a “Caucasian Albanian” heritage, to ensure it is not being manipulated
by either side.
19. Hate 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:
19.1 is shocked by the
level of hate speech and hate crimes by both sides that took place
during the six-week war, including the filming of horrific acts
and their sharing on social media;
19.2 is aware of various statements to the effect that Azerbaijan
is proud of its multiculturalism, but regrets that statements made
at the highest level continue to portray Armenians in an intolerant
fashion. What is known as the “Military Trophy Park” in Baku raises
serious concerns, and the Assembly considers that the use of caricatured
and stereotyped mannequins exacerbates intolerance and has no place
in a museum or in society;
19.3 recommends that both countries take steps to tackle hate
speech, including that by public and high-level officials, as well
as hate crimes. Both countries should introduce appropriate legislation
with the assistance of the Council of Europe.
20. In 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 issues and
to visit the region as soon as possible.
21. The 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 issues.
