THE SETTLEMENT OF KARABAKH ISSUE ON THE LEGAL PLANE
Lilit Poghosyan
Hayots Ashkhar Daily
26 Nov 08
Armenia
Ex Spokesman for the Foreign Ministry, at present independent expert
Ara Papyan has his own formula for the settlement of Karabakh issue,
which he is ready to share with the local authorities, as the only
practical and effective version for the settlement of the conflict.
Below we introduce the remarks of the political scientist.
"In general it is wrong to observe this issue separate from
Armenian-Turkish relations. They also don’t do so. After his visit to
Armenia Gyul left for Baku, after signing the Minedorf declaration
Aliev left for Anakara. How can we separate these two issues when
Turkey and Azerbaijan act as a tandem? That is to say in the united
front?
Even historically the issue of the recognition of the three Caucasian
republics, in 1918-20, was discussed in a united "package", because
these issues are in reality mutually linked. Karabakh issue is part
of the Armenian Cause.
"The Azerbaijanis announce that Karabakh can become self -determined,
but only in the framework of Azerbaijan’s territorial integrity and
immunity of the borders."
"The "immunity of the borders" is related to those borders that have
been formed legally, based on the international law. In our case,
we could have referred to that principl e, had Armenian-Azerbaijani
border been enshrined in the corresponding legal document. Which
means what we need firstly is a political decision about allocating
concrete regions to Armenians and Azerbaijanis, only after which could
Armenia and Azerbaijan sign an agreement, with a clear description
of Armenian-Azerbaijani border.
This is called delimitation, which should have been followed by
demarcation, only after that can we speak about the existing
borders. There is no similar document in case of Armenia and
Azerbaijan, or Armenia and Georgia, there are certain administrative
"lines" defined by the decisions of the parties during the
soviet times. There have been no real decisions, only abstract
announcements. Consequently the principle of the international law
can’t refer to illegal realities, illegality and crime never give
birth to the right."
"Especially because Azerbaijan became self-determined, that is to
say declared its independence in 1918-1920, within the borders of
the Republic of Azerbaijan, which didn’t include Karabakh."
"Definitely! And my proposal is as follows: the process stopped after
the sovietalization of Armenia, Azerbaijan, and Georgia, in April
1920 Azerbaijan was sovietalized, and the legal process stopped. What
document was there before April, the document of February 24. So
let’s return to that document and bring it to life. Let’s clarify the
borders consi dering today’s realities. Why not exchange of enclaves,
in case of a need, and thus we will get a logical borderline."
"By your assessment is Turkey really ready to take actions for the
settlement of Armenian-Turkish relations?"
"I don’t think so. You can’t say that Turkey doesn’t want
Armenia to re-establish its sovereignty in Karabakh, based on
Azerbaijan’s interests. No! Turkey is not doing it based on its
own interests. Turkey wants Armenia to be vulnerable. Because they
understand that they have committed a crime against Armenia and the
weaker we are in terms of economy the easier for them to maintain
the existing situation.
My approach in terms of both Karabakh and Armenian-Turkish relations is
clear, because from political, military, and economic point of view we
are weaker than them and so we must shift to the legal field. Minedorf
declaration provides this chance, it enshrines that the settlement
of the conflict must be based on the norms of the international law
and the legal documents based on them.
If someone has taken your flat and is living there with no rights,
you must show your right to property and prove that he has taken that
territory illegally."
"Whereas the Co-Chairmen state and it is also underscored in Minedorf
declaration that the settlement of the issue must be political and
not legal."
"The majority of territorial disputes are solved on legal bases and
the political settlement as a rule leads to the deadlock, because
political solution presumes coincidence of interests. Political
solution is possible only if Armenia accepts that the conflict must
be solved in the framework of Azerbaijan’s "territorial integrity."
In this context the maximum that Armenian party can do is the thing
that the co-Chairmen propose as a mutual-concession. That is to say, if
we want to become self-determined we must cede all the territories that
are out of Nagorno Karabakh Autonomous Province. All the Azerbaijanis
that have once left Karabakh – return, and after some time hold a
referendum of self-determination. If we choose that way we will not
achieve anything.
And if we accept that it is a legal issue, the clarification of
Armenian -Azerbaijani border, the question of the Armenian deportees
from Dashtayin Karabakh, Shahumyan and why not Baku, appears here
and their rights should also be considered."