Dec 082016
 

HAMBURG, Germany, 8 December 2016 – We, the Heads of Delegation of the OSCE Minsk Group Co-Chair countries – Foreign Minister of the Russian Federation Sergey Lavrov, Secretary of State of the United States John Kerry, and Foreign Minister of France Jean-Marc Ayrault – remain fully committed to a negotiated settlement of the Nagorno-Karabakh conflict.

In light of the dramatic escalation in violence along the Line of Contact in April, we express concern over continuing armed incidents, including reports on the use of heavy weapons, and strongly condemn the use of force or the threat of the use of force. There is no military solution to this conflict and no justification for the death and injury of civilians. We are also aware of allegations of atrocities committed on the field of battle in April, which we condemn in the strongest terms. We appeal to the sides to confirm their commitment to the peaceful resolution of the conflict as the only way to bring real reconciliation to the peoples of the region. We also urge them to adhere strictly to the 1994/95 ceasefire agreements that make up the foundation of the cessation of hostilities in the conflict zone.

We call on Baku and Yerevan to honor the agreements reflected in the Joint Statements of the 16 May Summit in Vienna and the 20 June Summit in St. Petersburg. We welcome the sides’ progress in implementing the exchange of data on missing persons under the auspices of the International Committee of the Red Cross. We urge the parties to remove all remaining obstacles to expanding the mission of the Personal Representative of the OSCE Chairperson-in-Office and to make progress on a proposal to establish an OSCE investigative mechanism. The proposals should be implemented together with the immediate resumption of negotiations on a settlement. We would like to reiterate our call to the leaders of Armenia and Azerbaijan to demonstrate flexibility and to return to the negotiation table with the firm aim of moving toward a sustainable peace on the basis of the current working proposals. Unless progress can be made on negotiations, the prospects for renewed violence will only increase, and the parties will bear full responsibility.

We remind the sides that the settlement must be based on the core principles of the Helsinki Final Act, namely: non-use of force, territorial integrity, and the equal rights and self-determination of peoples, and additional elements as proposed by the Presidents of the Co-Chair countries, including return of the territories surrounding Nagorno-Karabakh to Azerbaijani control; an interim status for Nagorno-Karabakh providing guarantees for security and self-governance; a corridor linking Armenia to Nagorno-Karabakh; future determination of the final legal status of Nagorno-Karabakh through a legally binding expression of will; the right of all internally displaced persons and refugees to return to their former places of residence; and international security guarantees that would include a peacekeeping operation. Our countries will continue to work closely with the sides, and we call upon them to make full use of the assistance of the Minsk Group Co-Chairs as mediators.

The Co-Chair countries are prepared to host a meeting of the Presidents of Armenia and Azerbaijan when they are ready. We firmly believe that the Presidents need to engage in negotiations in good faith at the earliest opportunity. Continuous and direct dialogue between the Presidents, conducted under the auspices of the Co-Chairs, remains an essential element in building confidence and moving the peace process forward.


Source: OSCE Minsk Group page

Jun 162015
 

In the Grand Chamber judgment in the case of Chiragov and Others v. Armenia (application no. 13216/05) the European Court of Human Rights held, by a majority, that there had been:

a continuing violation of Article 1 of Protocol No. 1 (protection of property) to the European
Convention on Human Rights;

a continuing violation of Article 8 (right to respect for private and family life) of the Convention;
and

a continuing violation of Article 13 (right to an effective remedy).

The case concerned the complaints by six Azerbaijani refugees that they were unable to return to their homes and property in the district of Lachin, in Azerbaijan, from where they had been forced to flee in 1992 during the Armenian-Azerbaijani conflict over Nagorno-Karabakh.

There are currently more than one thousand individual applications pending before the Court which were lodged by persons displaced during the conflict over Nagorno-Karabakh.

In the applicants’ case, the Court confirmed that Armenia exercised effective control over Nagorno- Karabakh and the surrounding territories and thus had jurisdiction over the district of Lachin.

The Court considered that there was no justification for denying the applicants access to their property without providing them with compensation. The fact that peace negotiations were ongoing did not free the Government from their duty to take other measures. What was called for was a property claims mechanism which would be easily accessible to allow the applicants and others in their situation to have their property rights restored and to obtain compensation.


Source: ECHR Case of Chiragov and Others v. Armenia
File: ECHR Case of Chiragov and Others v. Armenia

ECHR Press Release with the summary: Grand Chamber judgment Chiragov and Others v. Armenia – Azerbaijani refugees’ lack of access to property

Jan 012015
 

“Nagorno-Karabagh: Legal Aspects”

Legal-Aspects-CoverMIA Publishers, Fifth Edition, Moscow 2015
By Shahen Avakian
The study covers the legal aspects of Nagorno Karabagh problem. It examines the issues of Law as they affected the legal status of Nagorno Karabagh.

The author is an expert of International Law. He has graduated from the Paris Sorbonne University and is specialized in International Public Law and International Organizations law.

This study is the fi fth revised edition and contains additional information and updates. The publications of the earlier editions of this research are also availble in Armenian, French, Russian, Arabic, Greek and Spanish.

FILES:

Continue reading »

Sep 012013
 

“Brief History of Artsakh (Nagorno-Karabakh)”

MIA Publishers, 2013
By NGO “Against Xenophobia and Violence”

This book briefly reveals the history of Artsakh since the ancient times until the present days. Here you can find both cultural and political aspects of Artsakh’s history.

FILES:

 

Continue reading »

Jun 262010
 

MUSKOKA, Canada, 26 June 2010 – The countries of the Co-Chairs of the OSCE Minsk Group released the following today:

We, the Presidents of the OSCE Minsk Group’s Co-Chair countries, France, the Russian Federation, and the United States of America, reaffirm our commitment to support the leaders of Armenia and Azerbaijan as they finalize the Basic Principles for the peaceful settlement of the Nagorno-Karabakh conflict.

We welcome as a significant step the recognition by both sides that a lasting settlement must be based upon the Helsinki Principles and the elements that we proposed in connection with our statement at the L’Aquila Summit of the Eight on July 10, 2009, relating to: the return of the occupied territories surrounding Nagorno-Karabakh, interim status for Nagorno-Karabakh guaranteeing security and self-governance, a corridor linking Armenia to Nagorno-Karabakh; final status of Nagorno-Karabakh to be determined in the future by a legally-binding expression of will, the right of all internally-displaced persons and refugees to return, and international security guarantees, including a peacekeeping operation.

Now the Presidents of Armenia and Azerbaijan need to take the next step and complete the work on the Basic Principles to enable the drafting of a peace agreement to begin. We instruct our Ministers and Co-Chairs to work intensively to assist the two sides to overcome their differences in preparation for a joint meeting in Almaty on the margins of OSCE Informal Ministerial.


Source: OSCE Minsk Group page

Jul 102009
 

We, the Presidents of the OSCE Minsk Group’s Co-Chair countries France, the Russian Federation, and the United States of America affirm our commitment to support the leaders of Armenia and Azerbaijan as they finalize the Basic Principles for settlement of the Nagorno-Karabakh conflict.

We are instructing our mediators to present to the Presidents of Armenia and Azerbaijan an updated version of the Madrid Document of November 2007, the Co-Chairs last articulation of the Basic Principles. We urge the Presidents of Armenia and Azerbaijan to resolve the few differences remaining between them and finalize their agreement on these Basic Principles, which will outline a comprehensive settlement.

Fact sheet

The ministers of the US, France, and Russia presented a preliminary version of the Basic Principles for a settlement to Armenia and Azerbaijan in November 2007 in Madrid.

The Basic Principles reflect a reasonable compromise based on the Helsinki Final Act principles of Non-Use of Force, Territorial Integrity, and the Equal Rights and Self-Determination of Peoples.

The Basic Principles call for inter alia:

  • return of the territories surrounding Nagorno-Karabakh to Azerbaijani control;
  • an interim status for Nagorno-Karabakh providing guarantees for security and self-governance;
  • a corridor linking Armenia to Nagorno-Karabakh;
  • future determination of the final legal status of Nagorno-Karabakh through a legally binding expression of will;
  • the right of all internally displaced persons and refugees to return to their former places of residence; and
  • international security guarantees that would include a peacekeeping operation.

The endorsement of these Basic Principles by Armenia and Azerbaijan will allow the drafting of a comprehensive settlement to ensure a future of peace, stability, and prosperity for Armenia and Azerbaijan and the broader region.


Source: OSCE Minsk Group page

Mar 142008
 

Ms. Štiglic (Slovenia): The European Union recognizes the right of Member States to bring issues to the attention of the General Assembly for consideration, subject to the provisions of the Charter of the United Nations and the rules and procedures of the General Assembly.

However, the European Union believes that the Organization for Security and Cooperation in Europe (OSCE) Minsk Group should retain the lead in settling the Nagorny Karabakh conflict. The EU fully supports the efforts of the OSCE Minsk Group towards a peaceful, just and lasting settlement. The EU reiterates its support for all the principles, without exception, established within the Minsk Group and values the views of the Group’s Co-Chairs.

The settlement of the Nagorny Karabakh issue is an important element of the European Neighbourhood Policy of the European Union and features prominently in the related action plans. In that context, we remain ready to support all steps which contribute to a peaceful resolution of the conflict.

The European Union calls on the parties concerned to avoid any actions that could lead to heightened tensions and undermine the ongoing mediation efforts.

 

Mr. Wolff (United States of America): The political-level representatives of France, the Russian Federation and the United States, as Co-Chairs of the Organization for Security and Cooperation in Europe (OSCE) Minsk Group dealing with the Nagorny Karabakh conflict, jointly proposed a set of basic
principles for the peaceful settlement of the Nagorny Karabakh conflict to the sides in November 2007 on the margins of the OSCE Ministerial Council in Madrid. Those basic principles are founded on the provisions of the Helsinki Final Act of the Conference on Security and Cooperation in Europe, including those related to refraining from the threat or use of force, the territorial integrity of States and the equal rights and self-determination of peoples. The proposal transmitted to the sides in Madrid comprises a balanced package of principles that are currently under negotiation. The sides have agreed that no single element is agreed until all elements are agreed by the parties.

Unfortunately, the draft resolution before us today selectively propagates only certain of those principles, to the exclusion of others, without considering the Co-Chairs’ proposal in its balanced entirety. Because of this selective approach, the three OSCE Minsk Group Co-Chair countries must oppose this unilateral draft resolution. They reiterate that a peaceful, equitable and lasting settlement of the Nagorny Karabakh conflict will require unavoidable compromises among the parties that reflect the principles of territorial integrity, non-use of force and equal rights of peoples, as well as other principles of international law.

While the three Minsk Group Co-Chair countries will vote against this unilateral draft resolution, which threatens to undermine the peace process, they reaffirm their support for the territorial integrity of Azerbaijan and thus do not recognize the independence of Nagorny Karabakh. At a time when serious clashes with loss of life have occurred along the line of contact, both sides must refrain from unilateral and maximalist actions either at the negotiating table or in the field.

 

Mr. Ripert (France) (spoke in French): As just stated by the representative of the United States of America on behalf of the Co-Chairs of the Minsk Group, France, along with the other two Co-Chairs, will vote against the draft resolution that has been unilaterally presented by Azerbaijan. Our country would reaffirm at the same time our full support for the Common Position of the European Union on the question of the Nagorny Karabakh conflict, as presented by Slovenia.

 

Voting results: 39 in favour to 7 against, 100 abstentions:

In favour: Afghanistan, Azerbaijan, Bahrain, Bangladesh, Brunei Darussalam, Cambodia, Colombia, Comoros, Djibouti, Gambia, Georgia, Indonesia, Iraq, Jordan, Kuwait, Libya, Malaysia, Maldives, Moldova, Morocco, Myanmar, Niger, Nigeria, Oman, Pakistan, Qatar, Saudi Arabia, Senegal, Serbia, Sierra Leone, Somalia, Sudan, Turkey, Tuvalu, Uganda, Ukraine, United Arab Emirates, Uzbekistan, Yemen.
Against: Angola, Armenia, France, India, Russian Federation, United States, Vanuatu.

Abstain: Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Barbados, Belgium, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Bulgaria, Cameroon, Canada, Chile, China, Congo, Costa Rica, Croatia, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Denmark, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Estonia, Finland, Germany, Ghana, Greece, Grenada, Guatemala, Guyana, Haiti, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Jamaica, Japan, Kazakhstan, Kenya, Latvia, Liberia, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malta, Mauritius, Mexico, Monaco, Mongolia, Montenegro, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Norway, Panama, Papua New Guinea, Peru, Philippines, Poland, Portugal, Republic of Korea, Romania, Saint Lucia, Samoa, San Marino, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka, Suriname, Swaziland, Sweden, Switzerland, Thailand, The former Yugoslav Republic of Macedonia, Timor-Leste, Togo, Trinidad and Tobago, United Kingdom, Uruguay, Venezuela, Zambia.

Absent: Belarus, Belize, Benin, Bhutan, Burkina Faso, Burundi, Cape Verde, Central African Republic, Chad, Côte d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Eritrea, Ethiopia, Fiji, Gabon, Guinea, Guinea-Bissau, Iran, Kiribati, Kyrgyzstan, Lao People’s Democratic Republic, Lebanon, Lesotho, Malawi, Mali, Marshall Islands, Mauritania, Micronesia (Federated States of), Nauru, Palau, Paraguay, Rwanda, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Sao Tome and Principe, Seychelles, Syria, Tajikistan, Tonga, Tunisia, Turkmenistan, United Republic of Tanzania, Viet Nam, Zimbabwe.


Source: UN Official Records – A/62/PV.86

File: UN Official Records – A/62/PV.86

Mar 142008
 

Resolution adopted by the General Assembly

[without reference to a Main Committee (A/62/L.42)]

62/243. The situation in the occupied territories of Azerbaijan

The General Assembly,
Guided by the purposes, principles and provisions of the Charter of the United Nations,

Recalling Security Council resolutions 822 (1993) of 30 April 1993, 853 (1993) of 29 July 1993, 874 (1993) of 14 October 1993 and 884 (1993) of 12 November 1993, as well as General Assembly resolutions 48/114 of 20 December 1993, entitled “Emergency international assistance to refugees and displaced persons in Azerbaijan”, and 60/285 of 7 September 2006, entitled “The situation in the occupied territories of Azerbaijan”,

Recalling also the report of the fact-finding mission of the Minsk Group of the Organization for Security and Cooperation in Europe to the occupied territories of Azerbaijan surrounding Nagorno-Karabakh and the letter on the fact-finding mission from the Co-Chairmen of the Minsk Group addressed to the Permanent Council of the Organization for Security and Cooperation in Europe,

Taking note of the report of the environmental assessment mission led by the Organization for Security and Cooperation in Europe to the fire-affected territories in and around the Nagorno-Karabakh region,

Reaffirming the commitments of the parties to the conflict to abide scrupulously by the rules of international humanitarian law,

Seriously concerned that the armed conflict in and around the Nagorno-Karabakh region of the Republic of Azerbaijan continues to endanger international peace and security, and mindful of its adverse implications for the humanitarian situation and development of the countries of the South Caucasus,

  1. Reaffirms continued respect and support for the sovereignty and territorial integrity of the Republic of Azerbaijan within its  internationally recognized borders;
  2. Demands the immediate, complete and unconditional withdrawal of all Armenian forces from all the occupied territories of the Republic of Azerbaijan;
  3. Reaffirms the inalienable right of the population expelled from the occupied territories of the Republic of Azerbaijan to return to their homes, and stresses the necessity of creating appropriate conditions for this return, including the comprehensive rehabilitation of the conflict-affected territories;
  4. Recognizes the necessity of providing normal, secure and equal conditions of life for Armenian and Azerbaijani communities in the Nagorno-Karabakh region of the Republic of Azerbaijan, which will allow an effective democratic system of self-governance to be built up in this region within the Republic of Azerbaijan;
  5. Reaffirms that no State shall recognize as lawful the situation resulting from the occupation of the territories of the Republic of Azerbaijan, nor render aid or assistance in maintaining this situation;
  6. Expresses its support to the international mediation efforts, in particular those of the Co-Chairmen of the Minsk Group of the Organization for Security and Cooperation in Europe, aimed at peaceful settlement of the conflict in accordance with the norms and principles of international law, and recognizes the necessity of intensifying these efforts with a view to achieving a lasting and durable peace in compliance with the provisions stipulated above;
  7. Calls upon Member States and international and regional organizations and arrangements to effectively contribute, within their competence, to the process of settlement of the conflict;
  8. Requests the Secretary-General to submit to the General Assembly at its sixty-third session a comprehensive report on the implementation of the present resolution;
  9. Decides to include in the provisional agenda of its sixty-third session the item entitled “The situation in the occupied territories of Azerbaijan”.

86th plenary meeting
14 March 2008


Source: UN General Assembly, 62th Session

Voting Results: 39 in favour to 7 against,  100 abstentions.