CO-CHAIRMANSHIP OF THE OSCE MINSK GROUPAGREEMENT ON THE CEASEFIRE OF THE NAGORNO-KARABAKH ARMED CONFLICTDecember 1997

History

Preamble:
The Parties, determined to achieve a peaceful settlement of the protracted Nagorno-Karabakh conflict and to transform the existing ceasefire into a durable peace; recognizing the benefits of peace and cooperation in the region for the prosperity and well-being of their peoples; wishing to create a foundation for joint economic development in the Caucasus, enabling the peoples of the region to live normal and productive lives under democratic institutions, growing prosperity, and a promising future; conscious that cooperation under this Agreement will lead to normal trade, transport, and communication relations throughout the region, allow people, with the assistance of international organizations, to restore their towns and villages, create the stability necessary for a substantial increase in foreign investment in the region, and open the way to mutually beneficial trade, leading to natural prosperity for all peoples, whose prerequisites exist in the Caucasus; and that reconciliation and cooperation among peoples will unlock their enormous potential for the benefit of their neighbors and the peoples of the world; committed to the provisions of the UN Charter, the fundamental principles and decisions of the OSCE, generally recognized norms of international law, and the full implementation of UN Security Council Resolutions 822, 853, 874, and 884; recalling the commitment undertaken by the OSCE participating States at the Budapest Summit in 1994 to intensify efforts and OSCE support for the peaceful settlement of the conflict, their mandate to the Co-Chairs of the Minsk Conference to conduct negotiations promptly, and their statement of political readiness to provide, upon adoption of an appropriate UN Security Council resolution, OSCE multinational peacekeeping forces following an Agreement between the Parties on the cessation of armed conflict; and determined to continue the peace process in good faith to achieve without delay a comprehensive settlement that will determine the final status of Nagorno-Karabakh,

agree as follows regarding the actions set forth below:

I. The Parties shall renounce and refrain from the threat or use of force to resolve disputes between them. They shall resolve all such disputes, including any disputes that may arise in connection with the implementation of this Agreement, by peaceful means, primarily through negotiations, including within the framework of the OSCE Minsk Process.

II. The Parties shall withdraw their armed forces in accordance with the provisions set forth below and as detailed in Annex 1:
A. In the first stage, forces along the current line of contact to the east and south of Nagorno-Karabakh shall be redeployed to the lines indicated in Annex 1 and according to the timetable contained therein, taking due account of the recommendations of the High-Level Planning Group (HLPG) to create the possibility for the initial deployment of an OSCE multinational advance force in a military-justified temporary buffer zone, to deploy the Parties along this line, and to ensure security during the second stage of withdrawal.
B. In the second stage, forces shall be withdrawn simultaneously and according to the timetable in Annex 1 as follows:

  1. Any Armenian forces located outside the borders of the Republic of Armenia shall be withdrawn within those borders.
  2. Nagorno-Karabakh forces shall be withdrawn within the 1988 boundaries of the Nagorno-Karabakh Autonomous Oblast (NKAO), except for the Lachin District.
  3. Azerbaijani forces shall be withdrawn to the lines specified in Annex 1 based on HLPG recommendations, and removed from any territory of Armenia.
  4. Heavy weapons shall be withdrawn to the locations indicated in Annex 1 based on HLPG recommendations, under the supervision of the OSCE peacekeeping operation, in compliance with the transparency and accountability requirements set forth in that Annex.

III. The territory vacated as a result of this withdrawal shall form a buffer zone and a separation zone, as detailed in Annex 2:
A. Upon completion of the withdrawal, the buffer zone shall be established along the 1988 boundaries of NKAO and the northern and southern boundaries of the Lachin District. The buffer zone shall remain uninhabited and fully demilitarized, except for elements of the OSCE peacekeeping operation.
B. The separation zone shall be demilitarized, except for forces authorized to operate in cooperation with the Standing Joint Commission, as detailed in Annex 2, including:

  1. Peacekeeping operation elements;
  2. Units for border patrolling and demining;
  3. Civilian police, the number and authorized armament of which are specified in Annex 2.
    C. A no-fly zone shall be established over the buffer and separation zones, where the Parties shall not permit military flights, under the control of the OSCE peacekeeping operation, as set out in Annex 2.
    D. Security in all areas controlled by the authorities of Nagorno-Karabakh after the withdrawal under Article II shall be ensured by existing military and security structures of Nagorno-Karabakh.

IV. In accordance with the decisions of the 1994 OSCE Budapest Summit, the Parties invite and facilitate the deployment of an OSCE multinational peacekeeping operation (PKO), which shall operate in cooperation with the Standing Joint Commission (SJC) and the Armenian-Azerbaijani Intergovernmental Commission (AAIC), as defined in Article 7. The PKO shall monitor the withdrawal of forces and heavy weapons, prevent military flights, maintain the demilitarization regime, and monitor the situation on the Armenian-Azerbaijani border, as set out in Annex 2. The Parties call upon the UN Security Council to adopt a corresponding resolution for an initial period not exceeding one year and to renew the provisions of this resolution as necessary upon recommendation of the OSCE Chairman-in-Office. The Parties agree that the overall duration of the multinational PKO shall be the minimum necessary, depending on the situation in the region and the pace of comprehensive conflict resolution. The Parties shall fully cooperate with the PKO to ensure implementation of this Agreement and to prevent any disruption or cessation of the peacekeeping operation.

V. The Parties shall facilitate the safe and voluntary return of displaced persons to their previous permanent residences in the separation zone, as detailed in Annex 2. The PKO, in cooperation with the Standing Joint Commission, shall monitor the security of returning populations to promote confidence among all Parties in compliance with the demilitarization regime in this zone. The Parties shall negotiate the prompt, safe, and voluntary return of all other persons, not covered by this Agreement or a comprehensive settlement, who were displaced as a result of conflict and tensions between Armenia and Azerbaijan after 1987.

VI. Simultaneously with the withdrawal of forces, the Parties shall immediately take measures to reopen roads, railways, power lines, communications, trade, and other relations, including all actions necessary to achieve this as quickly as possible in accordance with the timetable and specific provisions set forth in Annex 3. The Parties shall ensure that these communications are accessible to all, including ethnic minorities, guaranteeing them access to their ethnic communities elsewhere in the region. Each Party undertakes to lift all blockades and ensure the unhindered delivery of goods and people to all other Parties. The Parties shall guarantee free and safe railway connections between them.

VII. The Parties shall fully cooperate with the International Committee of the Red Cross, the UN High Commissioner for Refugees, and other international organizations to ensure the prompt and safe return of all persons detained in connection with the conflict, to investigate the fate of the missing, to repatriate all remains, and to deliver humanitarian aid and reconstruction assistance without discrimination through territories under their control to areas affected by the conflict. The Parties shall cooperate with the OSCE PKO through the Standing Joint Commission in implementing confidence-building measures.

VIII. The Parties shall immediately establish a Standing Joint Commission (SJC) to monitor the implementation of this Agreement regarding issues affecting Azerbaijan and Nagorno-Karabakh. The SJC shall be chaired by a representative of the OSCE Chairman-in-Office, with one Azerbaijani vice-chair and one Nagorno-Karabakh vice-chair. The primary responsibility of the SJC is to oversee the implementation of the Agreement; the OSCE chairperson shall also mediate in cases of disagreement and authorize emergency measures, such as responses to natural disasters. The SJC shall have military, economic, humanitarian, and cultural subcommittees, as well as a communications subcommittee. The structure, functions, and other details concerning the SJC are set forth in Annex 4.

IX. The Parties shall immediately establish the Armenian-Azerbaijani Intergovernmental Commission (AAIC) to assist in preventing border incidents between Armenia and Azerbaijan, facilitate communication between border troops and other relevant security forces of both countries, and monitor and facilitate measures for reopening roads, railways, communications, pipelines, trade, and other relations. The AAIC shall have two co-chairs: one from Armenia and one from Azerbaijan, and shall include a representative appointed by the OSCE Chairman-in-Office. The structure, functions, and other details concerning the AAIC are set forth in Annex 5. The Republic of Azerbaijan and the Republic of Armenia shall establish liaison offices in each other’s capitals.

X. The Republic of Azerbaijan and the Republic of Armenia shall engage in bilateral and multilateral negotiations at relevant international and regional forums to ensure enhanced security in the region, including military transparency and full compliance with OSCE agreements.

XI. The three Parties to this Agreement, thus ending the military aspect of the conflict, agree to continue to negotiate in good faith with the facilitation of the Minsk Conference Co-Chairs and other Parties, as invited by the OSCE Chairman-in-Office, to achieve without delay a comprehensive settlement of all other aspects of the conflict, including the political aspect, which shall include the determination of the status of Nagorno-Karabakh and the resolution of issues related to Lachin, Shusha, and Shaumyan. Such a settlement, once reached through these negotiations and signed by the three aforementioned Parties, shall be recognized by the international community at the Minsk Conference convened as soon as possible.

XII. Each Party shall fully respect the security of the other Parties and their populations. The Parties undertake to develop good-neighborly relations between their peoples, promoting trade and normal interactions, and to refrain from statements or actions that could undermine this Agreement or good relations.

XIII. In addition to the specific provisions regarding peacekeeping and monitoring of withdrawals set out above, and recalling the relevant principles and obligations of the OSCE, including those reflected in the 1992 Helsinki Document and the 1994 Budapest Document, the OSCE shall, through its relevant mechanisms, monitor full implementation of all aspects of this Agreement and take appropriate measures in accordance with these principles and decisions to prevent or address violations of this Agreement. The signatories of this Agreement, acting through the OSCE Permanent Council and the UN Security Council, shall facilitate its full implementation. In the event of a serious violation of this Agreement, they shall consult with one another regarding the necessary steps, immediately inform the OSCE Chairman-in-Office, the President of the UN Security Council, and the UN Secretary-General, and request that the OSCE Permanent Council or the UN Security Council consider appropriate measures in this regard.

XIV. The Parties undertake reciprocal obligations to ensure compliance with the provisions of this Agreement, including guarantees of security for Nagorno-Karabakh, its population, and returning displaced persons, and to take all necessary measures to fulfill all obligations arising from this Agreement.

XV. This Agreement shall enter into force upon signature and ratification and shall remain in effect, with exceptions arising from a comprehensive settlement as mentioned in paragraph XI. This Agreement may be amended, supplemented, or terminated by mutual consent of all Parties.

December 1997

Annexes:

  • Annex 1: Implementation of force withdrawal and return of displaced persons
  • Annex 2: Security regime for the separation zone
  • Annex 3: Restoration of transport and communications lines
  • Annex 4: Standing Joint Commission
  • Annex 5: Armenian-Azerbaijani Intergovernmental Commission

Source: “Baku Worker” newspaper, Baku, February 21, 2001, No. 36 (23966). 788

Yuri Barsegov “Nagorno-Karabakh in International Law and Global Politics”

Artatsolum

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