FULL TEXT OF NATIONAL ASSEMBLY REPORT ON N-K

UNCLAS YEREVAN 000227 SIPDIS SENSITIVE SIPDIS DEPT FOR EUR/CARC, EUR/SNEC E.O. 12958: N/A TAGS: PREL PGOV AJ AM SUBJECT: FULL TEXT OF NATIONAL ASSEMBLY REPORT ON N-K REF: YEREVAN 189 ¶1. (SBU) The National Assembly's Committee on Foreign Relations released its report on the March 29-30, 2005 hearings on the "Nagorno Karabakh Problem: Settlement Ways" (original in English). Although at this late date the report itself is not likely to inform Armenian public opinion, its release (reftel) comes at a time when public interest in the possibility of a resolution of the conflict is running high. The full report follows below. Begin Text: It's necessary to keep a conceptualized approach for implementation of solution of the Nagorno Karabakh problem and the conflict settlement completely coincided with security demands and interests of Armenia and Karabakh as well as of all the Armenians. Main elements of that approach must clearly present the principle being the basis for the conception, the result pointing out its goal and the strategy corresponding to that principle and goal. ¶A. Principle Unreserved and unlimited usage of the right to self-determination, as a principle towards the people of Nagorno Karabakh must become the basis for solution of the Nagorno Karabakh problem and settlement of the conflict. Such an applicability of the right to self-determination is strengthened and secured by the following arguments: By the self-determination component: Nagorno Karabakh constituted itself in the legal way, completely corresponding to the international standards and laws acting at the moment. By the territorial component: the people of Nagorno Karabakh constituted itself on the own territories which have never been in the competence of independent Azerbaijan. By the human rights component: committing violence upon the people considered just its citizens, Azerbaijan may not undertake mission of the guardian towards that people. By factually existing political reality: there are all necessary characterizations of democratic state in Nagorno Karabakh: development of civil society, separation of the three main branches of the authorities and usage of mechanisms of control and contrapositions, introduction of the institute of equal and free elections held periodically and at all levels of state authorities, formation of Ombudsperson's institutions as well as capacity to improve authority bodies, to implement productive state governance, to develop international relations and to defend its borders. The principle of applicability of the right to self-determination has no alternative what is reasoned by factors proving impossibility of applicability of the principle of Azerbaijan's territorial entity by involvement of Nagorno Karabakh. Those factors are the following: a) The principle of territorial entity may not be used towards a territory which has never belonged to the free Azerbaijan state: b) the present Republic of Azerbaijan doesn't rule, excluding when providing by the USSR formation and existence, the right of the former Azerbaijan SSR towards Nagorno Karabakh. First of all, as two independent and equal in rights states, the Republic of Nagorno Karabakh and the Republic of Azerbaijan, were created on the territory of Azerbaijan SSR in the period of the acting legislation's functioning, and relations of administrative-political dependence of the NKR people, territory and authorities on both later dissoluted Azerbaijan SSR and USSR were stopped in a legal and proper way. The second, Azerbaijan itself first by the declaration of re-establishing its independence, then by the constitutional act on the state independence declared its statehood within the 1918 borders, by this considering invalid the Nagorno Karabakh annexation to Azerbaijan while the USSR existence. c) Azerbaijan may not have the right to keep the Nagorno Karabakh people under its subjection because of its incapability to implement respect of the human rights and rights of ethnic minorities, security of interracial peace, effective governmental by principles of democracy. Particularly, the Autonomous Republic of Nakhijevan populated with thousands of Armenians has been set free of Armenians by the policy of ethnic suppressions for dozens of years. The initial territories of the Autonomous Region of Nagorno Karabakh became smaller and reduced in conditions of connivance of the Soviet authorities. The Sumgayin crime and other massacres in different settlements of Azerbaijan were organized in response to civilized and legal demands of the Nagorno Karabakh people, the autonomous formation was dissoluted and an expansive war against the Karabakh people got unruly. ¶B. Goal Solution of the Nagorno Karabakh problem and result of the conflict settlement must be complete implementation of the right of Nagorno Karabakh people to self-determination. This may take place at two levels: respect of the right of the Nagorno Karabakh people to self-determination by the international community or signing of a complete peace agreement based on respect of the right to free self-determination which must contain clear solutions of issues concerning the status of the Republic of Nagorno Karabakh, necessary and enough security guarantees, refugees and territories and affirm the status of Armenia as the guarantor of security and independence of the Republic of Nagorno Karabakh. But this approach may not bring to definition of the highest level of autonomy within the Azerbaijan structure in any way, as the principle of securing rights of national minorities on the territory of metropolis is in its basis. Whilemean the Republic of Azerbaijan has never been a metropolis for the Nagorno Karabakh people, so the Armenians of Karabakh may not be considered a "minority" on their own territory. ¶C. Strategy The strategy of the problem solution and the conflict settlement must, from one side, based on defined principles, gives reasons to for them, from the other side, keeping independence the pointed out goal, provides its implementation. At any stage of the conflict extension the strategy of the Armenian side must be implemented by respecting norms of the international right and adopted rules and secure corresponding counteraction to the opposing strategy of the Azerbaijan side. The priority of solution of issues of the Nagorno Karabakh status and providing security guarantees defined on respect of the right to self-determination must be the leading idea in the strategy. The status issue was and remains the main issue of the conflict, its main subject. The status must express utmost correctly and completely the historic, legal and political realities of the problem and take into account the character and quality of relations existing between the conflicting sides. Consequently, the productivity of the peace process is directly connected with solution of just this issue. Problems connected with the security guarantees and status are mutually provided, and this tie is direct. Both factual security of safety and de jure guarantees given by international standards and defined by fixing the corresponding status have an important role in the general balance of safety guarantees. One may not completely secure the necessary safety without the other. The total volume of those guarantees must completely correspond to outer danger and be the most important factor preventing re-start of a new war. Having a goal to secure this minimal volume, it's necessary to defend consequently in the negotiation process the following principles: - Exclusion of subjection of Nagorno Karabakh to Azerbaijan; - Exclusion of enclave state of Nagorno Karabakh and presence of a land safe and secured border with Armenia; - Guarantee of safety of the Nagorno Karabakh people; - Securing of international guarantees for participation of Nagorno Karabakh in world progressive processes; - Providing of a corresponding compensation of material and moral damages, including loss of the Fatherland, of the Armenians of Azerbaijan. ¶1. Reasons necessary for directing the conflict settlement process. The Karabakh conflict is an ethno-political one by its character. This may not be completely settled without solution of the status issue. A settlement taking into account that circumstance is able to bring to the problem solution as well, irrespective of its implementation way. Elements subject to the conflict settlement are mutually connected, make a complete package and the solution of one of them is provided by the other's solution. Connection of the conflict elements and security of completeness of the safety guarantees demand to get a package agreement. Affirmation of the Armenian control towards the territories being the NKR security zone is a consequence of removing back of the armed aggression of got unruly Azerbaijan against the Nagorno Karabakh created in a legal and proper way, prevention of similar aggressive activities in future and, according to Article 51 of the UN Regulations, organized legal self-protection of the Nagorno Karabakh inhabitation for that purpose. But Azerbaijan, by putting on another side the responsibility for consequences of the war got unruly just by itself, attempts to get exclusive rights to present a territorial demand and to predestine solution of the refugees' problem. The problem of territories and refugees makes an indivisible part of the complete package, relates to interests of all sides of the conflict and is in the property of mutual demands. Not respecting the right of the Nagorno Karabakh people to self-determination unjustly brought to not respecting the fundamental rights and freedoms of people living in the Republic of Nagorno Karabakh. Moreover, the human rights aren't at present under the international defense any more and continued to be violated just for reason that they live in a state not recognized internationally. The circumstance of the state's not being recognized may not in any way become a justification for violation of those vital rights and freedoms. A stable, progressive development of the country towards a democratic, legal modern state formed on bases of the international standards of the human rights and freedoms of respect has a pivotal meaning for the NKR international recognition. Conflicts differ by particularities characteristic for them, so settlement of conflicts must be implemented by separating them. A common key for solution of conflicts of all these types can not be found. Conflicts' identification artificially increases the meaning of political, propaganda elements, obliges to make a non proper solution corresponding to the contents and essence of the given conflict, makes solution of a concrete conflict dependence on solution of unsolved conflicts, in this way making settlement of the given conflict even more difficult. Formation and widening of a common circle of interests between the conflict sides is an important stimulus for settlement of the Karabakh conflict. The best way to reach this is encouraging and implementation of the regional cooperation. Processes of the conflict settlement and establishing regional cooperation must go on in parallel. "No type of cooperation before the conflict solution" Azerbaijan resolution doesn't only assist creation of an atmosphere of mutual confidence between the sides, but, in essence, keeps the enmity and danger to re-start the war. ¶2. Factors stimulating affectivity of the negotiation process. The conflict settlement has only one safe and acceptable way. This is a productive implementation of peaceful, completely corresponding to international relations negotiations taking to solution of the problem. Any other way or negotiation process takes to a deadlock postponing the conflict settlement for an indefinite time, or to a new war. For securing completeness and productiveness of the negotiations, all sides of the conflict must first of all know each other as negotiation sides and, corresponding to this, secure everybody's complete participation in the negotiation process. Providing of a complete participation of Nagorno Karabakh as a negotiation side equal in rights is an unavoidable condition for holding productive and complete negotiations. Azerbaijan's not recognizing Nagorno Karabakh as a side, in essence, means a refusal both of problem solution and, by creating an illusion of the negotiation process, of real negotiations. It's completely obvious that the Nagorno Karabakh people's inseparable and exclusive right is agree issues connected with especially the status and securing the necessary volume of security guarantees by its legal representatives in the negotiation process. It's an issue of most importance to implement the negotiation process by correctly keeping the real place and role of every side in the conflict. It's necessary to define clearly, that: a) Nagorno Karabakh is a main and independent side of the conflict. b) Armenia is side involved in the Karabakh-Azerbaijan conflict because of the long-lasting aggression used by Azerbaijan towards Armenia and the Republic of Nagorno Karabakh and is guarantor of implementation of the right of the Nagorno Karabakh people's to self-determination. Because of Nagorno Karabakh's not being yet internationally recognized, Armenia represents the NKR in different international instances and protect its interests but may not completely take its place. So, respecting of the right of the Nagorno Karabakh people to self-determination and acception of the circumstance of Armenia's being a guarantor for a complete implementation of that right will give real possibilities to hold real productive negotiations bringing to the conflict settlement. End Text. EVANS