Resolution 1416 (2005)[1]

A1+
25-01-2005

The conflict over the Nagorno-Karabakh region dealt with by the OSCE
Minsk Conference 1. The Parliamentary Assembly regrets that, more than
a decade after the armed hostilities started, the conflict over the
Nagorno-Karabakh region remains unsolved. Hundreds of thousands of
people are still displaced and live in miserable
conditions. Considerable parts of the territory of Azerbaijan are
still occupied by Armenian forces and separatist forces are still in
control of the Nagorno-Karabakh region.

2. The Assembly expresses its concern that the military action, and
the widespread ethnic hostilities which preceded it,led to large-scale
ethnic expulsion and the creation of mono-ethnic areas which resemble
the terrible concept of ethnic cleansing. The Assembly reaffirms that
independence and secession ofa regional territory from a state may
only be achieved through a lawful and peaceful process based on
democratic support by the inhabitants of such territory and not in the
wake of an armed conflict leading to ethnic expulsion and the de facto
annexation of such territory to another state. The Assembly reiterates
that the occupation of foreign territory by a member state constitutes
a grave violation of that state’s obligations as a member of the
Council of Europe and reaffirms the right of displaced persons from
the area of conflict to return to their homes safely and with dignity.

3. The Assembly recalls Resolutions 822 (1993), 853 (1993), 874 (1993)
and 884 (1993) of the United Nations Security Council and urges the
parties concerned to comply with them, in particular by refraining
from any armed hostilities and by withdrawing military forces from any
occupied territories. The Assembly also aligns itself with the demand
expressed in Resolution 853 (1993) of the United Nations Security
Council and thus urges all member states to refrain from the supply of
any weapons and munitions which might lead to an intensification of
the conflict or the continued occupation of territory.

4. 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, by
refraining from any threat of using force against their neighbours. At
the same time, Armenia committed itself to use its considerable
influence over Nagorno-Karabakh to foster a solution to the
conflict. The Assembly urges both Governments to comply with these
commitments and refrain from using armed forces against each other as
well as from propagating military action.

5. The Assembly recalls that the Council of Ministers of the
Conference for Security and Co-operation in Europe (CSCE) agreed in
Helsinki in March 1992to hold a conference in Minsk in order to
provide for a forum for negotiations for a peaceful settlement of the
conflict. Armenia, Azerbaijan, Belarus, the former Czech and Slovak
Federal Republic, France, Germany, Italy, the Russian Federation,
Sweden, Turkey and the United States of America agreed at that time to
participate in this Conference. The Assembly calls on these states to
step up their efforts to achieve the peaceful resolution of the
conflict and invites their national delegations to the Assembly to
report annually to the Assembly on the action of their governments in
this respect. For this purpose, the Assembly asks its Bureau to create
an Ad hoc Committee with inter alia 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 Personal Representative of the OSCE
Chairman-in-Office,in particular for having achieved a cease-fire in
May 1994 and having monitored the observance of this cease-fire since
then. The Assembly calls on the OSCE Minsk Group Co-Chairs to take
immediate steps to conduct speedy negotiations for the conclusion of a
political agreement on the cessation of the armed conflict, the
implementation of which will eliminate major consequences of the
conflict for all parties and permit the convening of the Minsk
Conference. The Assembly calls on Armenia and Azerbaijan to make use
of the OSCE Minsk Process and actively submit to each other via the
Minsk Group their constructive proposals for the peaceful settlement
of the conflict in accordance with the relevant norms and principles
of international law.

7. The Assembly recalls that Armenia and Azerbaijan are signatory
parties to the Charter of the United Nations and, in accordance with
Article 93, paragraph 1 of the Charter, ipso facto parties to the
Statute of the International Court of Justice. Therefore, the Assembly
suggests that if the negotiationsunder the auspices of the Co-Chairs
of the Minsk Group fail, Armenia and Azerbaijan should consider using
the International Court of Justice in accordance with Article 36,
paragraph 1 of the Court’s Statute.

8. The Assembly calls on Armenia and Azerbaijan to foster political
reconciliation among themselves by stepping up bilateral
inter-parliamentary co-operation within the Assembly as well as in
other forums such as the meetings of the Speakers of the Parliaments
of the Caucasian Four. It recommends that both delegations should meet
during each part-session of the Assembly to review progress on such
reconciliation.

9. The Assembly calls on the Government of Azerbaijan to
establishcontacts without preconditions with the
politicalrepresentatives of both communitiesfrom the Nagorno-Karabakh
region regarding the future status of the region. It is prepared to
provide facilities for such contacts in Strasbourg, recalling that it
did so in the form of a hearing on previous occasions with Armenian
participation.

10. Recalling its Recommendation 1570 (2002) on the situation of
refugees and 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 as a consequence of the armed hostilities and the expulsion
of ethnic Armenians from Azerbaijan and ethnic Azerbaijanis from
Armenia.

11. The Assembly condemns any expression of hatred portrayed in the
media of Armenia and Azerbaijan. The Assembly calls on Armenia and
Azerbaijan to foster reconciliation, confidence-building and mutual
understanding among their peoples through schools, universities and
the media. Without such reconciliation, hatred and mistrust will
prevent stability in the region and may lead to new violence. Any
sustainable settlement must be preceded by and embedded in such
reconciliation processes.

12. The Assembly calls on the Secretary General of the Council of
Europe to draw up an action plan for specific support to Armenia and
Azerbaijan targeted at mutual reconciliation processes and to take
this resolution into accountin deciding on action concerning Armenia
and Azerbaijan.

13. The Assembly calls on the Congress of Local and Regional
Authorities of the Council of Europe to assist locally elected
representatives of Armenia and Azerbaijan in establishing mutual
contacts and inter-regional co-operation.

14. The Assembly resolves to analyse the conflict settlement
mechanisms existing within the Council of Europe, in particular the
European Convention for the Peaceful Settlement of Disputes, in order
to provide its member states with better mechanisms for the peaceful
settlement of bilateral conflicts as well as internal disputes
involving local or regional territorial communities or authorities
which may endanger human rights, stability and peace.

15. The Assembly resolves to continue monitoring on a regular basis
the peaceful resolution of this conflict and decides to revert to
considering this issue at its first part-session in 2006.

[1] Assembly debate on 25 January 2005 (2nd Sitting) (see Doc. 10364,
report of the Political Affairs Committee, rapporteur: Mr
Atkinson). Text adopted by the Assembly on 25 January 2005 (2nd
Sitting).

From: Emil Lazarian | Ararat NewsPress