NAGORNO-KARABAKH GAINS A CONSTITUTION, BUT LITTLE CLARITY FOR FUTURE
Zoe Powell

EurasiaNet, NY
Dec 12 2006

The disputed territory of Nagorno-Karabakh, a remote, predominantly
ethnic Armenian region formerly held by Azerbaijan, gained a
constitution on December 10, but the impact of the vote remains
contentious. The international community, if it followed the referendum
at all, criticized it as a potential threat to ongoing, delicate
talks between Armenia and Azerbaijan over the territory. But for the
separatist leadership itself, the vote was no more than a natural
step in its 15-year journey toward full-fledged independence.

"The constitution is not the answer to all our problems. The
constitution is a chance," declared de facto President Arkady
Ghoukassian at a December 11 press conference following the territory’s
adoption of the constitution. "Now that we’ve adopted a constitution,
we have a much better chance to become a democratic country according
to European standards . . . A country striving for European standards
has a better chance for recognition than a totalitarian regime."

Preliminary results show the referendum passed with the support
of almost 99 percent of the 78,389 Karabakhi voters taking part –
a staggeringly positive result that did not come as a surprise for
most residents in this isolated mountain region, a six to eight-hour
drive from the Armenian capital, Yerevan.

The vote was not without controversy, however. Some observers
initially questioned the referendum’s timing – presidential elections
are scheduled in the self-declared state for the summer of 2007 –
and the relatively abbreviated time for public discussion.

For now, though, the international community has given little
sign of giving the government – or the many voters surveyed by
EurasiaNet – their desired response. Azerbaijan, the European Union,
the Council of Europe, the Organization for Security and Cooperation
in Europe (OSCE), and GUAM (a regional association including Georgia,
Ukraine, Azerbaijan and Moldova) have all refused to recognize the
referendum as valid. In a recent statement, OSCE Chairman-in-Office
and Belgian Foreign Minister Karel de Gucht commented that the vote
could undermine progress made in talks mediated by the OSCE between
Armenia and Azerbaijan over the disputed territory. [For background
see the Eurasia Insight archive].

Meanwhile, Nagorno-Karabakh government officials maintain that
they’re moving on. "We, in any case, need to organize ourselves to
be independent," commented de facto Deputy Foreign Minister Masis
Mayilian. "What, should we wait 14 years until the Azerbaijanis agree
to build our state?"

Some 54 observers, primarily from Armenia, Russia and France, monitored
the voting process. The day of the vote, the 15th anniversary of
the territory’s original independence referendum, has been declared
"Constitution Day."

Rather than cause for conflict, territorial leaders assert, the
constitution should be cause for comparison – with Azerbaijan, which
battled Armenia and Karabakh separatists for control of the territory
from 1988-1994.

The 142-article document describes the Nagorno-Karabakh Republic as
"a sovereign, democratic legal and social state" with powers in
territory currently controlled by the separatist government. It
establishes a broad range of generally defined rights, from the
direct election of the territory’s president, parliament and local
governments, to the presumption of innocence and freedom of assembly,
speech, and religion. "If Azerbaijan had such a constitution, if it
was the same democratic state, it’d be easier to talk with them,"
Ghoukassian said. "I hope that this will be considered by the
international community."

The sensitive issue of the return of ethnic Azerbaijani refugees is
not specifically addressed in the document, although the constitution
provides for a right of return for "every citizen and foreign citizen
having the right to live in the Nagorno-Karabakh Republic." The issue
of citizenship has been left undefined, pending a later law.

Karabakhis currently carry Armenian passports, but cannot vote in
Armenia’s elections. Armenian is defined as the state language, but
the constitution guarantees "the free use of other languages spread
among the population."

"Whether recognized or not, we have rights," commented Gegam
Bagdasarian, editor of the independent weekly Demo and a member of the
Nagorno-Karabakh parliament who abstained from voting on the draft
constitution, approved on November 1. "The international community
should be interested in democracy. The more democracy we have, the
easier it will be to find a common language to resolve our problems."

The military initially had a strong say in separatist
Nagorno-Karabakh’s affairs, but in the years since a 2000 assassination
attempt against Ghoukassian, and the subsequent imprisonment of
de facto Defense Minister Samvel Babaian, civilian government has
asserted itself. Representatives of the territorial leadership claim
that Nagorno-Karabakh now compares favorably with both Azerbaijan
and Armenia in terms of freedom of expression.

Newspaper editor Bagdasarian agrees. A critical article in his paper,
Demo, questioned whether the constitutional referendum was linked to a
desire by Ghoukassian for a third presidential term. The fact that the
newspaper has not faced repercussions for questioning Ghoukassian’s
motives is a sign that greater openness has indeed taken root, the
editor maintained. The Nagorno-Karabakh leader, in office since 1997,
later held a press conference in which he stated that he would not
seek a third term.

"Five to six years ago, the government reacted very negatively to
critical stories. But now, not at all," Bagdasarian said.

Nonetheless, pragmatism dictates the response, he added. "It’s not
that they don’t react because they’re so civilized, but because they
don’t see a real threat [from print media] to themselves."

Nor did hopes among many ordinary Karabakhis voting in the referendum –
routinely described as "a duty" — focus on democracy alone. Status as
a legitimate, recognized state was one goal; the economic stability
that is seen to come with the trappings of a recognized state was
another.

"We’re a hard-working people. We want factories. We want work. We
want for everyone to have a normal life," said Artur, a 45-year-old
war veteran standing outside a grocery store not far from the polling
station where de facto President Ghoukassian cast his ballot. "We
have to vote so that people know our position."

Some voters queried on their way to the polls asserted that they
had studied the constitution carefully, but others shrugged off the
question. "Why read it?" commented one elderly man en route to cast
his ballot in Stepanakert’s theater. "I’m going to vote for it and
that’s all that’s needed."

Souten Tantazian, the chairman of polling station #30 in Stepanakert,
was succinct: "This is for our future."

Editor’s Note: Zoe Powell is the pseudonym for a journalist based
in Tbilisi.