The conflict in the Nagorno-Karabakh region, where the OSCE is engaged in the resolution of the Minsk Conference

25.01.2005 Resolution No. 1416

Exposure

Political Affairs Committee

Rapporteur: Mr David Atkinson, UK, European Democratic Group

Summary

      The conflict in the Nagorno-Karabakh region has remained unresolved for more than ten years since the start of military operations. Hundreds of thousands of people are still living in dire conditions as internally displaced people. A large part of the territory of Azerbaijan is still under the occupation of Armenian troops. Military operations and the widespread ethnic hostility that preceded them led to large-scale displacement of people based on ethnicity and the creation of mono-ethnic areas reminiscent of the horrific concept of ethnic cleansing. The Nagorno-Karabakh region is still under the control of separatist forces.

    The Assembly reiterates that the occupation of foreign territory by a member state is a serious violation of its obligations as a member of the Council of Europe, and reaffirms the right of internally displaced persons from conflict areas to return to their homes in safety and dignity. The Assembly also supports the OSCE Minsk process for the peaceful resolution of the conflict and calls on Armenia and Azerbaijan to follow the path of reconciliation.

    Resolution I. 1416 (2005).

   1. The Assembly regrets that the conflict in the Nagorno-Karabakh region has not been resolved more than ten years after the start of hostilities. Hundreds of thousands of people are still living in dire conditions as internally displaced people. A large part of Azerbaijan's territory is still occupied by Armenian troops, and separatist forces still control the Nagorno-Karabakh region.

   2. The Assembly expresses its concern that the military operations and the widespread ethnic hostility that preceded them led to large-scale ethnic displacement of people and the creation of mono-ethnic areas reminiscent of the horrific concept of ethnic cleansing. The Assembly reaffirms that the independence and secession of the regional territory from the state shall not be carried out through armed conflict, which leads to ethnic displacement of people and usurpation of the territory and de facto annexation to another state, but only on the basis of the democratic support of the inhabitants of this territory in a legal and peaceful way. can be held. The Assembly reiterates that the occupation of foreign territory by a member state is a serious violation of its obligations as a member of the Council of Europe, and reaffirms the right of internally displaced persons from conflict areas to return to their homes in safety and dignity.

   3. The Assembly refers to United Nations Security Council Resolutions 822 (1993), 853 (1993), 874 (1993) and 884 (1993) and urges the relevant parties to comply with these resolutions, in particular to refrain from any military operations and to withdraw their armed forces from all occupied territories. calls for removal from the territories. The Assembly also expressed its solidarity with the request expressed in the United Nations Security Council Resolution 853 (1993), urging all member states to refrain from the supply of weapons and military equipment that could lead to the expansion of the conflict or the continuation of the occupation of territories.

    4. The Assembly recalls that when Armenia and Azerbaijan became members of the Council of Europe in January 2001, they undertook to use only peaceful means to resolve the conflict, refraining from threatening to use any force against their neighbors. At the same time, Armenia has undertaken to use its significant influence over Nagorno-Karabakh to promote the resolution of the conflict. The Assembly urges both Governments to abide by these commitments and to refrain from using armed force against each other and from promoting hostilities.

5. The Assembly recalls that the Council of Ministers of the Council on Security and Cooperation in Europe agreed in March 1992 to hold a conference in Minsk in order to provide a forum for negotiations aimed at a peaceful settlement of the conflict in Helsinki. Azerbaijan, Armenia, Belarus, the former Czech and Slovak Federal Republic, France, Germany, Italy, the Russian Federation, Sweden, Turkey and the United States of America agreed to participate in this conference at that time. The Assembly calls on these States to increase their efforts to achieve a peaceful settlement of the conflict and invites their national delegations to the Assembly to report annually to the Assembly on the work done by their Governments in this direction. For this purpose, the Assembly requests the Bureau to create a Special Committee consisting of the heads of these national delegations.

 6. The Assembly pays tribute to the tireless efforts of the Co-Chairs of the Minsk Group and the OSCE Chairperson-in-Office, particularly in achieving the ceasefire in May 1994 and monitoring its implementation since then. The Assembly calls on the co-chairs of the OSCE Minsk Group to take urgent steps to speed up negotiations for a political agreement to end the armed conflict, the implementation of which will eliminate the main consequences of the conflict for all parties and enable the convening of the Minsk Conference. The Assembly calls on Armenia and Azerbaijan to take advantage of the OSCE Minsk Process and through the Minsk Group to actively make constructive proposals to each other aimed at a peaceful resolution of the conflict based on the relevant norms and principles of international law.

 7. The Assembly reminds that Armenia and Azerbaijan have acceded to the Charter of the United Nations and are ipso facto parties to the Statute of the International Court of Justice in accordance with paragraph 1 of Article 93 of this Charter. Therefore, the Assembly suggests that Armenia and Azerbaijan consider applying to the International Court of Justice in accordance with paragraph 1 of Article 36 of the Statute of the Court, if the negotiations held under the auspices of the co-chairs of the Minsk Group do not yield results.

 8. The Assembly calls on Armenia and Azerbaijan to promote political reconciliation between themselves by increasing bilateral inter-parliamentary cooperation within the framework of the Assembly, as well as other forums such as meetings of the Caucus Quartet Parliaments. It recommends that both delegations meet at each session of the Assembly to review progress made on such reconciliation.

 9. The Assembly calls on the government of Azerbaijan to establish a relationship with the political representatives of both communities of Nagorno-Karabakh regarding the future status of the region without any preconditions. The Assembly is ready to create an opportunity for the implementation of such relations in Strasbourg, and it reminds that earlier such events were organized in the form of hearings with the participation of Armenia.

  10. Recalling its recommendation No. 1570 (2002) on the situation of refugees and internally displaced persons in Armenia, Azerbaijan and Georgia, the Assembly calls on all member and observer states to provide humanitarian aid and assistance to the hundreds of thousands of people displaced by military operations and the expulsion of ethnic Armenians from Azerbaijan and ethnic Azerbaijanis from Armenia .

  11. The Assembly condemns the expression of feelings of hatred in the press of Armenia and Azerbaijan. The Assembly calls on Armenia and Azerbaijan to promote reconciliation, trust-building and mutual understanding between the peoples through schools, universities and the media. Without such reconciliation, feelings of hatred and mistrust will overwhelm stability in the region, which could lead to renewed violence. Such a reconciliation process must come before any lasting solution, and a lasting solution must be built upon such a reconciliation process.

 12. The Assembly calls on the Secretary General of the Council of Europe to draw up a plan of actions to provide concrete assistance to Armenia and Azerbaijan in order to achieve a mutual reconciliation process, and to take this resolution into account when deciding on certain measures regarding Armenia and Azerbaijan.

 13. The Assembly calls on the Congress of Local and Regional Authorities of the Council of Europe to help the elected local representatives of Armenia and Azerbaijan to establish mutual relations and regional cooperation.

14. The Assembly has adopted the existing framework of the Council of Europe in order to provide member states with better mechanisms for the peaceful resolution of bilateral conflicts, as well as internal disputes that may threaten human rights, stability and peace and involve local or regional territorial associations or authorities. decides to analyze conflict resolution mechanisms, especially the European Convention on the Peaceful Settlement of Disputes.

 15. The Assembly decides to continue to monitor the peaceful resolution of this conflict on a regular basis and to return to the discussion of this issue at its first session in 2006.

    II. Recommendation No. 1690 (2005).

   1. The Parliamentary Assembly of the Council of Europe recommends the following to the Committee of Ministers, referring to the resolution No. 1416 (2005) on the conflict resolved by the Minsk Conference of the OSCE:

    I. Urge the relevant parties to strictly comply with United Nations Security Council Resolutions 822 (1993), 853 (1993), 874 (1993) and 884 (1993), especially to refrain from any military action and to withdraw armed forces from all occupied territories of Azerbaijan;

    II. Monitor the compliance of Armenia and Azerbaijan with the resolutions of the Security Council of the United Nations and the decisions of the Council of Ministers of the OSCE regarding the conflict and report to the Assembly on the results of the monitoring;

    III. Measures taken by the member states in the direction of the peaceful settlement of the conflict in accordance with the resolutions of the United Nations Security Council, including the use of weapons by the member states that are contrary to the resolution of the United Nations Security Council No. 853 (1993) and which may lead to the expansion of the conflict or the continuation of the occupation of the territory. to report to the Assembly on refraining from the supply of military equipment;

 IV. Recalling Resolution No. 1251 (1994) on the Nagorno-Karabakh conflict, if they wish, provide experts at the disposal of Armenia and Azerbaijan to determine the political status of Nagorno-Karabakh;

 V. Allocate funds for the purpose of preparing an action plan for special confidence-building measures for Armenia and Azerbaijan;

 VI. Allocate funds for conducting special training programs for teachers and journalists from both countries in order to achieve better mutual understanding, tolerance and reconciliation;

 VII. Allocate funds for the European Commission against Racism and Intolerance to prepare special measures related to both countries, especially related to educational institutions and public media;

 VIII. To instruct its competent committee to analyze how well the European Convention on the Peaceful Settlement of Disputes reflects the current requirements for the settlement of conflicts between the member states of the Council of Europe and what amendments should be made to it to ensure that it is an adequate document aimed at the peaceful settlement of disputes between the member states of the Council of Europe;

  IX. Take into account resolution 1416 (2005) when taking action on both countries;

  X. To send resolution No. 1416 (2005) and this recommendation to the governments of member states for their support at the national, bilateral and international levels.

UN Security Council Resolution No. 884 of November 12, 1993

     The Security Council having approved its Resolutions No. 822 of April 30, 1993, No. 874 of July 25, 1993, and No. 874 of October 14, 1993; Fully supporting the peace talks conducted within the tireless efforts of the OSCE and the Minsk Group; Taking into account the letter of the acting Chairman of the OSCE and the annexes, the conflict in and around the Republic of Azerbaijan and the tension between the Republic of Azerbaijan and the Republic of Armenia pose a threat to peace and stability; expressing concern about the escalation of military operations related to the violation of the ceasefire, including the occupation of Zangilan region and Horadiz city; Confirming the sovereignty and territorial integrity of Azerbaijan and other states in the region, the inviolability of international borders and the inadmissibility of using force to occupy their territory; Expressing his serious concern about the emergency humanitarian situation in the Zangilan region and the city of Horadiz located on the southern borders of Azerbaijan:

    1) Condemns the latest violation of the ceasefire by the parties that led to the start of the military operation, including the seizure of Zangilan district and the city of Horadiz, the attack on the civilian population and the firing of the territory of the Republic of Azerbaijan;

2) calls on the Armenian government to use its influence on the Armenians of the Nagorno-Karabakh region of Azerbaijan to comply with the Resolutions No. 822 (1993) and 853 (1993) and 874 (1993) and to ensure that funds are not provided so that their military campaigns do not continue;

3) notes with satisfaction the statement of the 9 members of the OSCE Minsk group and highly appreciates the unilateral statement about the cease-fire;

4) Request immediate cessation of hostilities and acts of hostilities from the interested parties, an updated schedule of urgent actions related to the unilateral implementation of Security Council Resolutions "822 (1993) and 853 (1993)" and the meeting of the Minsk Group held in Vienna on November 2-8, 1993 demands the withdrawal of military forces from Zangilan region and Horadiz city and other occupied regions, taking into account the changes adopted at its meeting;

5) To support the Minsk Group of the Russian Federation, the interested parties should not observe the cease-fire reached as a result of direct contact and ensure its permanence and effectiveness; and insists on continuing the search for all possible ways to settle the conflict within the framework of the Minsk process and the "Updated Chart" and the changes adopted by the Minsk group at the meeting of November 2-8, 1993;

6) Urges all states in the region to refrain from any aggression or intervention aimed at escalating conflict, disrupting peace and stability;

7) The Secretary-General and relevant international humanitarian organizations are requested to provide emergency assistance to the affected civilian population, including the population of Zangilan district and Horadiz city, located in the south of Azerbaijan, and help refugees and internally displaced persons return to their homes and live in safety;

8) The Secretary General, the acting Chairman of the OSCE is requested to report to the Council on the progress of the Minsk process and all aspects of the situation on the ground, as well as on the current and future cooperation of the OSCE and the UN in this regard;

9) Decides to actively deal with this issue.

Resolution No. 3313 was unanimously adopted at the meeting.

UN Security Council Resolution No. 874 of October 14, 1993

      The Security Council, approving its resolutions No. 822 dated April 30, 1993, No. 853 dated July 29, 1993 and referring to the Statement read by the Chairman of the Security Council on August 18, 1993, the OSCE Minsk Group of the UN on Karabakh looking at his letter dated October 1, 1993, addressed to the chairman, expressing his concern about the threat to peace and stability of the Nagorno-Karabakh conflict in and around the Republic of Azerbaijan and the tension between the Republic of Azerbaijan and the Republic of Armenia, the high-level meeting held in Moscow on October 8, 1993 noting the high-level meeting and hoping that this meeting will contribute to the improvement of the situation and the peaceful resolution of the conflict, reaffirming the sovereignty and territorial integrity of the Republic of Azerbaijan and other states in the region, the inviolability of international borders and the impossibility of taking land by force, with the conflict Expressing its serious concern regarding the sufferings of the affected people and the humanitarian situation in the region, including the displacement of a large number of citizens of the Republic of Azerbaijan:

     1) Calls on the parties to ensure the effectiveness and permanence of the ceasefire, the establishment of direct relations with the help of the Russian Federation in support of the Minsk Group;

    2) He declares once again that he supports the peace process achieved within the framework of the tireless work of the OSCE and the Minsk Group;

    3) approves the "updated schedule of urgent measures related to the implementation of Resolutions 822 (1993) and 853 (1993)" adopted at the meeting of the Minsk Group on September 28, 1993 and presented by the Chairman to the interested parties, advises the parties to adopt it and calls for it;

    4) Expresses confidence that the problems arising from the conflict and not resolved in the "Updated Chart" will be resolved within the peace negotiations conducted by the Minsk Group;

    5) Calls on the parties to implement mutual and urgent measures considered in the "Updated Schedule" of the Minsk Group, to withdraw military forces from the occupied territory, to remove all obstacles related to communication and transportation;

    6) According to the mandate of the Council of Ministers of the OSCE dated March 24, 1992 and considered in the "Updated Schedule" and aimed at the resolution of the conflict, it is necessary to hold the Minsk Group conference soon;

    7) Requests the Secretary General to respond positively to the proposal to send a representative to participate in the Minsk conference and to provide all possible assistance to the peace negotiations after the opening of the conference;

    8) supports the Control commission created by OSCE;

    9) Reaffirms the importance of ensuring that the parties do not violate International Humanitarian Law and ensure the unhindered conduct of international activities for the purpose of humanitarian aid in all regions affected by the conflict, which are contained in Resolutions No. 822 (1993) and 853 (1993);

    10) Urges all states in this region to refrain from any aggression or intervention aimed at escalating the conflict, disrupting peace and stability;

    11) Requests the Secretary-General and the relevant International Humanitarian Organizations to provide emergency assistance to the affected civilian population, to provide assistance for refugees and internally displaced persons to return to their homes and live in safe conditions;

     12) We ask the Secretary General, the acting Chairman of the OSCE to present to the Council the progress of the Minsk process and all aspects of the situation on the ground, as well as the present and future cooperation of the OSCE and the UN in this regard;

     13) He decides to be actively engaged in this matter.

     The resolution was adopted unanimously at the meeting No. 3292.

UN Security Council Resolution No. 853 of July 29, 1993

        The Security Council having approved its Resolution No. 822 of April 30, 1993; Listening to the report of the OSCE Minsk Group dated July 27, 1993; Expressing serious concern about the deterioration of relations between Armenia and the Republic of Azerbaijan and the tension between them; welcoming the parties' adoption of an immediate plan for the implementation of Resolution 822; excitedly notes the incitement of operations of military forces, including the occupation of Aghdam region of Azerbaijan; expresses its concern that this situation poses a threat to peace and stability;

    1) Condemns the occupation of Aghdam region and other occupied lands of Azerbaijan;

    2) Condemns the hostile actions in the region, as well as attacks on the civilian population and bombing and artillery fire on residential areas;

    3) Demands the immediate cessation of all military operations, the immediate, complete and non-negotiation withdrawal of the armed forces that participated in the conflict from Agdam and other occupied regions of Azerbaijan;

     4) Calls the parties to reach an agreement and to comply with this agreement;

     5) Reaffirms the context of the above-mentioned paragraphs 3 and 4, its calls for restoration of previous economic, transport and energy relations in the region;

     6) Approves the efforts of the OSCE Minsk Group aimed at the peaceful resolution of the conflict, as well as the implementation of Resolution No. 822 (1993), and expresses serious concern about the instigation of military operations that may oppose it;

     7) Welcomes the proposal on the establishment of the OSCE supervisory mission and action schedule, as well as the participation of the Council within the framework of the Council and in the places;

     8) The parties call to refrain from any action against the peaceful resolution of the conflict, to conduct negotiations within the framework of the Minsk Group, as well as to continue mutual relations aimed at the final resolution of the conflict;

     9) The Republic of Armenia urges the Armenians of the Nagorno-Karabakh region of Azerbaijan to comply with resolutions 822 (1993) and the current resolutions and to accept the proposals of the Minsk Group.

    Calls on States to refrain from acquiring any weapons or military assets that could lead to the escalation of conflict or the continued occupation of territories.

     10) Urges States to refrain from any armed and military assistance aimed at exacerbating the conflict or continuing the occupation of the territory;

     11) Calls once again for unimpeded provision of humanitarian aid in the region aimed at alleviating the intolerable situation of the civilian population, as well as in all regions affected by the conflict;

     12) Requests the Secretary General and relevant international organizations to provide emergency humanitarian aid to the affected civilian population and to return displaced persons to their homes;

     13) To continue the presentation of reports on the situation in the region with the advice of the Secretary General, the currently active OSCE and Minsk Group chairmen.

     14) Decides to actively deal with this issue.

     It was adopted unanimously at its meeting No. 3259.

UN Security Council Resolution No. 822 of April 30, 1993

      The Security Council, referring to the statements of the Chairman of the Security Council on Nagorno-Karabakh dated January 29, 1993 and April 6, 1993; Considering the report of the Secretary General dated April 15, 1993; Expressing his serious concern for the violation of relations between the Republic of Azerbaijan and the Republic of Armenia; noting the incitement of armed military operations and including his concern about the intrusion of local Armenian forces into the Kadbajar region; Expressing his serious concern about the threat to peace and stability of this situation, the mass displacement of the civilian population, the emergency humanitarian situation in the region, including the Kalbajar region; reaffirming the territorial integrity of all states in this region, the inviolability of international borders and the inadmissibility of using armed forces to gain territory; Declaring his support for the peace talks held within the framework of the OSCE and expressing his concern that the escalation of military operations will lead to serious consequences:

     1) Demands the absolute cessation of all military operations and other acts of hostility, the withdrawal of the occupying forces from Kalbajar and the occupied regions of Azerbaijan, in order to achieve a lasting ceasefire;

    2) Calls on the interested parties to resume negotiations for a peaceful settlement of the conflict within the framework of the OSCE Minsk Group process and to refrain from any action against the peaceful settlement of the problem;

    3) In this region, it also calls for the smooth passage of international activities related to the provision of humanitarian aid to reduce the suffering of the civilian population in the region affected by the conflict, and confirms the obligation of the parties to comply with the principles and norms of International Humanitarian Law;

    4) Requests the Secretary General to assess the situation in the region and also in the Kalbajar region of Azerbaijan with the advice of the current OSCE and Minsk Group chairmen and to report to the Council later;

    5) Decides to actively deal with this issue.

The order was adopted unanimously at the meeting No. 3205.