THE KARABAKH CONFLICT

AND THE POLITICAL STATUS OF THE NKR IN THE CONTEXT OF RELATIONS BETWEEN INDEPENDENT AZERBAIJAN AND ARMENIA THE PEACE PROCESS

No. 740 DECLARATION OF THE SUPREME COUNCIL OF THE AZERBAIJAN REPUBLIC ON THE RESTORATION OF STATE INDEPENDENCE OF THE AZERBAIJAN REPUBLIC, ADOPTED AT THE EXTRAORDINARY SESSION OF THE SUPREME COUNCIL Baku, August 30, 1991

The Supreme Council of the Azerbaijan Republic,

• guided by the highest state interests of the people of Azerbaijan and expressing their will,
• noting that from 1918 to 1920 the Azerbaijan Republic existed as an independent state recognized by the international community,
• relying on the Constitution of the Azerbaijan Republic, the constitutional laws on the sovereignty of the Azerbaijan Republic, and on the foundations of its economic independence,
• aware of its responsibility for the fate and free development of the people of Azerbaijan,
• guaranteeing the rights and fundamental freedoms of all citizens of the Azerbaijan Republic, as provided by international instruments, regardless of nationality or religion,
• striving to prevent threats to the sovereignty and territorial integrity of the Azerbaijan Republic,
• guided by the sacred duty to ensure the security and inviolability of the state borders of the Azerbaijan Republic,
• recognizing the necessity of consolidating all patriotic forces of the Republic,
• acknowledging international pacts, conventions, and other documents not contradicting the interests of the Azerbaijan Republic and its people,
• wishing to maintain friendly relations with all republics of the USSR,
• expressing readiness to establish equal relations with the member states of the international community,
• hoping for the recognition of the state independence of the Azerbaijan Republic by the member states of the international community and the United Nations in accordance with the principles enshrined in the Charter of the United Nations and other international legal pacts and conventions,

PROCLAIMS THE RESTORATION OF THE STATE INDEPENDENCE OF THE AZERBAIJAN REPUBLIC.

Published in Bakinskiy Rabochiy, September 3, 1991

No. 741 RESOLUTION OF THE SUPREME COUNCIL OF THE AZERBAIJAN REPUBLIC ON THE DECLARATION OF THE RESTORATION OF STATE INDEPENDENCE OF THE AZERBAIJAN REPUBLIC Baku, August 30, 1991

The Supreme Council of the Azerbaijan Republic resolves: To adopt the Declaration on the restoration of the state independence of the Azerbaijan Republic.

Chairman of the Supreme Council of the Azerbaijan Republic E. Kafarova

Published in Bakinskiy Rabochiy, September 3, 1991

No. 742 RESOLUTION OF THE SUPREME COUNCIL OF THE AZERBAIJAN REPUBLIC ON THE PREPARATION OF A DRAFT ACT “ON THE RESTORATION OF STATE INDEPENDENCE OF THE AZERBAIJAN REPUBLIC” Baku, August 30, 1991

The Supreme Council of the Azerbaijan Republic, based on the Declaration of the Supreme Council of the Azerbaijan Republic of August 30, 1991 “On the Restoration of State Independence of the Azerbaijan Republic,” resolves:

The Presidium of the Supreme Council of the Azerbaijan Republic, together with the permanent commissions of the Supreme Council of the Azerbaijan Republic, taking into account the proposals and remarks submitted by the people’s deputies of the Azerbaijan Republic, shall within two weeks prepare and submit for consideration by the Supreme Council of the Azerbaijan Republic the draft Act “On the Restoration of the Independence of the Azerbaijan Republic” and the resolution on its implementation.

Chairman of the Supreme Council of the Azerbaijan Republic E. Kafarova

Published in Bakinskiy Rabochiy, September 3, 1991

DECLARATION ON THE PROCLAMATION OF THE NAGORNO-KARABAKH REPUBLIC

September 2, 1991

A joint session of the Nagorno-Karabakh Regional Soviet of People’s Deputies and the Shaumyan District Soviet of People’s Deputies, with the participation of deputies from Soviets of all levels,

• expressing the will of the people, confirmed by the referendum and by the decisions of the governing bodies of the Nagorno-Karabakh Autonomous Oblast (NKAO) and the Shaumyan District during 1988–1991,
• affirming their aspiration to freedom, independence, equality, and good-neighborly relations,
• noting the proclamation by the Azerbaijan Republic of the “restoration of state independence of 1918–1920,”
• taking into account that the policy of apartheid and discrimination pursued in Azerbaijan has created an atmosphere of hatred and intolerance toward the Armenian people, leading to armed clashes, human casualties, and the mass deportation of residents of peaceful Armenian villages,
• relying on the Constitution and laws of the USSR, which grant the peoples of autonomous entities and compactly residing national groups the right to independently determine their state-legal status in the event of a union republic’s withdrawal from the USSR,
• considering the aspiration of the Armenian people toward reunification as natural and consistent with norms of international law,
• striving to restore good-neighborly relations between the Armenian and Azerbaijani peoples on the basis of mutual respect for each other’s rights,
• taking into account the complexity and contradictions of the situation in the country, and the uncertainty regarding the future of the Union and its governing structures,
• respecting and adhering to the principles of the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights, and relying on the understanding and support of the international community,

PROCLAIM:

The Nagorno-Karabakh Republic (NKR) within the borders of the present Nagorno-Karabakh Autonomous Oblast and the adjacent Shaumyan District.

The Nagorno-Karabakh Republic shall exercise the powers granted to republics by the Constitution and legislation of the USSR, and reserves the right to independently determine its state-legal status on the basis of political consultations and negotiations with the leadership of the country and the republics.

Within the territory of the Nagorno-Karabakh Republic, until the adoption of its own Constitution and laws, the Constitution and legislation of the USSR, as well as other currently valid laws not contradicting the aims and principles of this Declaration and the specific character of the Republic, shall remain in force.

Source: Status of Nagorno-Karabakh in Political-Legal Documents, Yerevan, 1995, pp. 69–70. (Emphasis added – Yu.B.)

JOINT COMMUNIQUÉ ON THE RESULTS OF THE MEDIATION MISSION

OF PRESIDENTS B. YELTSIN AND N. NAZARBAYEV September 23, 1991

For the fourth year, the acute conflict in the Nagorno-Karabakh region has continued, claiming the lives of many people of different nationalities. Civilians have perished, as have servicemen of the army and internal troops. The central authorities of the USSR have proven unable to develop and implement effective measures to normalize the situation in the region. Grave errors have been committed, resulting in further escalation between the conflicting parties and growing distrust toward the Union authorities.

In these circumstances, the need arose for mediation efforts aimed at creating conditions for the start of a negotiation process, gradually laying the foundations for normalization in the region. With the agreement of the Azerbaijani and Armenian sides, the leaders of the Russian Federation and Kazakhstan assumed the role of mediators.

From September 20 to 23, 1991, the mediation mission headed by President of the Russian Federation B. Yeltsin and President of Kazakhstan N. Nazarbayev visited Baku, Ganja, Stepanakert, and Yerevan. In resolving the conflict, the parties are guided by the principle of non-interference in the internal affairs of sovereign states and by strict observance of the rights of all citizens, regardless of nationality, in accordance with international law.

During the mediation efforts, certain issues of phased conflict settlement were discussed. The main results are as follows:

1. The parties consider that the necessary and mandatory conditions for settlement of the conflict by January 1, 1992, are: cessation of fire, annulment of all unconstitutional acts of Azerbaijan and Armenia concerning the NKAO, recognition of the authority of legitimate governing bodies, and withdrawal from the conflict zone of all armed formations, except for units of the Internal Troops of the USSR Ministry of Internal Affairs and Ministry of Defense. After this date, the presence and actions of all armed formations shall be deemed illegal by the parties and suppressed by the Internal Troops of the USSR Ministry of Internal Affairs, with participants held legally accountable. A working group of observers is tasked with developing measures for ceasefire implementation, neutralization of all armed formations it designates as illegal, and creation of guarantees for the security of all citizens residing in the conflict zone.
2. To implement coordinated actions for normalization in the conflict zone, a temporary working group of observers is established, composed of authorized representatives of the Russian Federation and Kazakhstan. The group begins its work on October 1.
3. The Azerbaijan Republic and the Republic of Armenia shall ensure the phased return of deported populations, beginning with deserted villages. The parties guarantee their safety in places of permanent residence. Negotiations on this issue shall commence on October 1, 1991.
4. The parties involved in the conflict shall immediately begin the release of hostages. This process must be completed within two weeks, after which those responsible for holding hostages shall be prosecuted in accordance with the law. Compliance with this provision shall be monitored by authorized representatives of the mediating parties.
5. Together with Union authorities, the parties shall, within two weeks, ensure the normal functioning of railway transport, air communications, and systems of communication and infrastructure. With the participation of mediators, negotiations shall begin on ensuring the free and mutually beneficial functioning of automobile roads.
6. In the course of discussions, the parties reached unanimous agreement on the necessity of ensuring objectivity of information coming from the conflict zone. It was decided to establish an information group composed of representatives of the Russian Federation and Kazakhstan, authorized to prepare official information on events in the conflict zone.
7. The highest state authorities of Azerbaijan and Armenia shall approve authorized delegations, which shall immediately begin a bilateral negotiation process on a permanent basis.
8. The parties believe that the emerging negotiation process will be facilitated by the preparation and conclusion in the near future of bilateral agreements between the Russian Federation and Azerbaijan, the Russian Federation and Armenia, Kazakhstan and Azerbaijan, and Kazakhstan and Armenia.
9. The working group of observers shall periodically inform the highest leadership of the four republics on the progress of implementing the measures set forth in this Communiqué.

The provisions contained in this Communiqué cannot be regarded as granting the mediators the right to interfere in the internal affairs of the sovereign states — the Azerbaijan Republic and the Republic of Armenia.

Published in Soviet Karabakh, September 26, 1991 (Emphasis added – Yu.B.)

CONSTITUTIONAL ACT

ON THE STATE INDEPENDENCE OF THE REPUBLIC OF AZERBAIJAN Baku, October 18, 1991

On May 28, 1918, the National Council of Azerbaijan adopted the Declaration of Independence of Azerbaijan, thereby reviving the centuries-old traditions of statehood of the Azerbaijani people.

The Azerbaijan Republic, exercising full state authority over its territory, pursued independent foreign and domestic policies. Institutions inherent to a sovereign state were established and functioned — the Parliament, Government, Army, and financial system of the Azerbaijan Republic. The Azerbaijan Republic was recognized by many foreign states and established diplomatic relations with them.

However, on April 27–28, 1920, the RSFSR, in gross violation of international legal norms and without declaring war, sent its armed forces into Azerbaijan, occupied the territory of the sovereign Azerbaijan Republic, forcibly overthrew its lawfully elected authorities, and brought an end to the independence achieved at the cost of immense sacrifices by the Azerbaijani people. Thereafter, Azerbaijan, as in 1806–1828, was once again annexed by Russia.

The Treaty on the Formation of the USSR of December 30, 1922, was deemed to consolidate this annexation. For the following seventy years, a policy of colonialism was pursued against the Azerbaijan Republic: its natural resources were ruthlessly exploited, its national wealth plundered, the Azerbaijani people subjected to persecution and repression, and their national dignity trampled upon. Despite this, the Azerbaijani people continued their struggle for state independence.

This struggle culminated in the adoption by the Supreme Council of the Azerbaijan Republic, on August 30, 1991, of the Declaration “On the Restoration of State Independence of the Azerbaijan Republic.”

The Supreme Council of the Azerbaijan Republic, based on the Declaration of Independence adopted by the National Council of Azerbaijan on May 28, 1918, on the continuity of democratic principles and traditions of the Azerbaijan Republic, and guided by the Declaration of the Supreme Council of the Azerbaijan Republic of August 30, 1991 “On the Restoration of State Independence of the Azerbaijan Republic,” hereby adopts this Constitutional Act and establishes the foundations of the state, political, and economic structure of the independent Azerbaijan Republic.

I. GENERAL PROVISIONS

Article 1. The invasion of Azerbaijan’s territory by the armed forces of the RSFSR on April 27–28, 1920, the overthrow of the lawfully elected authorities of the Azerbaijan Republic, and the subsequent occupation by the XI Red Army constitute, under international law, an act of aggression by the RSFSR against the independent Azerbaijani state.

Article 2. The Republic of Azerbaijan is the successor to the Azerbaijan Republic that existed from May 28, 1918, to April 28, 1920.

Article 3. The Treaty on the Formation of the USSR of December 30, 1922, is invalid from the moment of its signing insofar as it concerns Azerbaijan. All ensuing questions of relations with the sovereign states that were part of the USSR shall be settled on the basis of treaties and agreements.

Article 4. The Constitution of the Azerbaijan Republic of 1978 shall remain in force insofar as it does not contradict the provisions of this Constitutional Act. All acts of the Azerbaijan Republic adopted prior to the proclamation of the restoration of state independence, which do not contradict the sovereignty and territorial integrity of the Azerbaijan Republic and which have not been repealed or amended in accordance with the law, shall retain legal force. Until the adoption of corresponding laws of the Azerbaijan Republic, the laws of the USSR shall remain in force within the territory of the Azerbaijan Republic, as determined by the Parliament of the Azerbaijan Republic.

Article 5. Any actions directed against the independence of the Azerbaijan Republic shall be considered interference in the internal affairs of a sovereign state and shall entail responsive measures in accordance with international law.

2. THE PEOPLE OF AZERBAIJAN

Article 8. The people of Azerbaijan consist of all citizens of the Republic of Azerbaijan residing within the territory of the Republic of Azerbaijan and beyond it, who are considered subject to the Azerbaijani state and its laws, without prejudice to norms established by international law.

Article 9. The people of Azerbaijan possess the inalienable, immutable, and indivisible right to choose their own form of government, to determine their relations with other peoples, and to develop their political, economic, and cultural life in accordance with their historical and national traditions and universal human values.

Article 10. Sovereign power in the Republic of Azerbaijan belongs to the people of Azerbaijan. No part of the Azerbaijani people, nor any individual, may usurp its exercise. The people of Azerbaijan exercise sovereign power directly through referenda and through their representatives in the Parliament of the Republic of Azerbaijan, elected by universal, equal, and direct suffrage by secret ballot.

Article 11. The people of Azerbaijan guarantee the democratic order of the Republic of Azerbaijan and the rule of law as the expression of the people’s will.

3. THE AZERBAIJANI STATE

Article 12. The people of Azerbaijan form an independent, secular, democratic, unitary state, whose sovereign power in internal matters is limited only by law, and in external matters only by provisions arising from treaties and agreements to which the people of Azerbaijan have freely given their consent. The sovereignty of the Republic of Azerbaijan is indivisible and extends over its entire territory. The Republic of Azerbaijan shall not in any form alienate the sovereign rights it exercises over its territory to other states or unions of states.

Article 14. The territory of the Republic of Azerbaijan, within its historically established borders, is unified, indivisible, and inalienable. The Republic of Azerbaijan shall not in any form alienate any part of its territory, except for clarifications or adjustments of borders, which may be carried out only with the consent of the people of Azerbaijan expressed through a referendum held by decision of the Parliament of the Republic of Azerbaijan among the entire population of the Republic. No part of the territory of the Republic of Azerbaijan may be acquired by another state or by a legal entity of another state.

Article 15. Within the territory of the Republic of Azerbaijan, only the Constitution of the Republic of Azerbaijan and the laws of the Republic of Azerbaijan are in force. Legislative power is limited by the Constitution of the Republic of Azerbaijan; executive and judicial power are limited by the Constitution of the Republic of Azerbaijan, by law, and by justice. The Constitution of the Republic of Azerbaijan is adopted by popular vote (referendum), held by decision of the Parliament of the Republic of Azerbaijan among the entire population of the Republic.

Article 16. The Republic of Azerbaijan, in accordance with universally recognized norms of international law, builds its relations with other states on the principles of sovereign equality of states, non-use of force or threat of force, inviolability of state borders, settlement of disputes by peaceful means, non-interference in the internal affairs of other states, respect for human rights and fundamental freedoms, equality of peoples and their right to self-determination, cooperation among states, and good-faith fulfillment of international legal obligations.

Article 18. A single citizenship of the Republic of Azerbaijan is established in the Republic of Azerbaijan. The Republic of Azerbaijan bears the obligations established by law toward its citizens, and the citizens of the Republic of Azerbaijan bear the obligations established by law toward the Republic of Azerbaijan. No one may be deprived of citizenship or of the right to change citizenship. Every citizen of the Republic of Azerbaijan located outside the Republic of Azerbaijan is guaranteed legal protection.

Article 19. All citizens of the Republic of Azerbaijan are equal before the law. The Republic of Azerbaijan ensures the observance and unhindered exercise of all rights and freedoms provided by the Universal Declaration of Human Rights and other universally recognized international legal instruments, regardless of sex, race, nationality, religion, social origin, political convictions, or other circumstances. The rights and freedoms of citizens of the Republic of Azerbaijan may not be restricted in any form except in special cases provided by law.

6. FINAL PROVISIONS

Article 32. This Constitutional Act serves as the foundation for the drafting of a new Constitution of the Republic of Azerbaijan.

President of the Republic of Azerbaijan A. Mutalibov

Published in Bakinskiy Rabochiy, November 7, 1991 (Emphasis added – Yu.B.). 746

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

Artatsolum

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