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 Friday, July 28 2023 10:52
Marianna Mkrtchyan

Attempts to find solution to Azerbaijan-Karabakh conflict based on  logic of safeguarding rights of national minorities detached from  reality - Nagorno-Karabakh foreign office 

Attempts to find solution to Azerbaijan-Karabakh conflict based on  logic of safeguarding rights of national minorities detached from  reality - Nagorno-Karabakh foreign office 

ArmInfo. In connection with the press statement made by the Russian Foreign Minister following the  trilateral talks with the Foreign Ministers of Armenia and Azerbaijan, which took place on 25 July 2023, we consider it necessary to state the following.

The Republic of Artsakh highly appreciates the long-standing  mediation efforts of the Russian Federation, both in a national  capacity and as an OSCE Minsk Group Co-Chair. We are grateful to  Russia for its exceptional contribution to putting an end to the  44-day aggression of Azerbaijan and for its peacekeeping mission in  Artsakh.

We took note that during the meeting, the Russian side presented its  assessment of measures that need to be taken promptly and without  delay to provide the population of Artsakh with food, medicines and  other essentials, and ensure uninterrupted electricity and gas  supply.

While not questioning Russia's commitment to helping the parties find  a long-term settlement to the Azerbaijan-Karabakh conflict and  facilitate the normalisation of relations between Armenia and  Azerbaijan, we believe it is necessary to note that the vision of  dialogue between Stepanakert and Baku proposed by the Russian side is  not balanced. The statement that there is a need for dialogue to  agree on the rights arising from international obligations, including  conventions on the protection of the rights of national minorities,  reflects the viewpoint of only one party - Azerbaijan. Such an  approach predetermines the outcome of any potential dialogue and  thereby undermines and devalues its meaning.

The assertion that the Azerbaijan-Karabakh conflict is a problem of  ensuring the rights of a national minority is a false narrative  promoted by Azerbaijan with the aim of distorting the essence of the  conflict and justifying the denial of the right of the people of  Artsakh to self-determination, a fundamental principle of  international law, which the Russian Federation itself has invoked  many times. Attempts to find a solution to the Azerbaijan-Karabakh  conflict based on the logic of safeguarding the rights of national  minorities are detached from reality and cannot lead to a fair,  balanced and dignified peace. Against the backdrop of Azerbaijan's  blatant non-compliance with the provisions of the Trilateral  Statement of 9 November 2020, and its international obligation to  implement legally binding decisions of the International Court of  Justice, observe the norms of international humanitarian law and  eliminate all forms of racial discrimination, claims suggesting that  Azerbaijan will voluntarily adhere to any mechanisms are devoid of  any basis. Attempts to impose such a vision of conflict resolution  are fraught with catastrophic consequences.

As regards the remark that the most sensitive issue of the  negotiations "remains the problem of guarantees for the rights and  security of the Armenians of Nagorno-Karabakh in the context of  ensuring the territorial integrity of Azerbaijan in full accordance  with the 1991 Declaration signed by the leaders of the former Soviet  republics in Alma-Ata", we consider it appropriate to recall again  that by the time of signing this document, the Republic of Artsakh  had completed the process of seceding from the Azerbaijan SSR in  compliance with the legislation of the Soviet Union and the norms of  international law.

Furthermore, the Alma-Ata Declaration, like any international  document, should be guided by the purposes and principles of the UN  Charter and other universally accepted norms and principles of  international law.  Therefore, the Alma-Ata Declaration contains the  same principles and norms as the UN Charter, including the right to  self-determination. However, the interpretation of the relationship  between different legal norms is subject to the overall logic of the  development of international law and international practice. In this  regard, we consider it necessary to emphasise that the right to  secession, based on the principle of self- determination of peoples,  prevails over the principle of territorial integrity of states in  cases of massive serious human rights violations and discriminatory  policies. This formula, in particular, is described in the  Declaration on Principles of International Law concerning Friendly  Relations and Co-operation among States, which has been repeatedly  invoked by the Russian Foreign Minister. We express our consent with  the interpretation repeatedly provided by the Russian side regarding  the relationship between the principles of the right to  self-determination and territorial integrity. This approach has also  been established in the judicial practices of various countries.

We strongly urge the international actors that in settling the  Azerbaijan-Karabakh conflict they are guided solely by the principles  of international law and the interests of people who for nearly 8  months have been on the verge of a humanitarian catastrophe, as well  as under the growing threat of ethnic cleansing.

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