Tuesday, November 7 2023 18:42

ArmInfo.Providing forced migrants from Artsakh with refugee status, as well as RA citizenship, cannot become an obstacle to the recognition of Artsakh's subjectivity in the future. Doctor of Law, former Minister of Justice of Armenia Gevorg Danielyan stated in an interview with an ArmInfo correspondent.

-On October 26, the RA government adopted a decision that Armenia  takes under temporary protection those persons who are in Armenia or  outside its borders, whose last registered address was Nagorno  Karabakh, or they actually resided there and registered with the  migration authorities of Armenia after September 19, 2023.  The  Minister of Justice himself stated that persons taken under the  protection of the law receive refugee status and rights guaranteed by  international law for refugees. Many people have a reasonable  question, why temporary protection status, which is equal to refugee  status, and not just refugee status? What is your opinion on this  matter?

- Persons taken under temporary protection are not equal to refugees  in their status, but are recognized as refugees (this provision is  clearly established by part 1 of Article 62 of the Law "On Refugees  and Asylum") and have the rights and responsibilities of refugees.  Unfortunately, comments made due to misunderstandings among  responsible officials have caused needless confusion.

In the complex and contradictory moral and psychological conditions  caused by far-reaching reasons of the Armenian authorities, who avoid  recognizing the aggression against Artsakh, as well as the openly  committed genocide against the Artsakh Armenians, the above-mentioned  government decision can be partially considered a compromise option,  since it is at least recorded that Artsakh Armenians moved to Armenia  not voluntarily, but as a result of coordinated violence on the part  of Azerbaijan.

At the same time, I note that although this is a compromise solution,  it avoids several key issues:

a) the need to record the damage caused to these people and to appeal  to international courts in the prescribed manner is ignored. This  becomes even more important given the fact that there are videos of  Azerbaijanis looting property and houses of Artsakh residents.  Moreover, the Azerbaijanis are also threatening to sue Armenia.

b) a huge number of qualified specialists are artificially deprived  of the opportunity to work in the state system. There is already  information that even some judges from Artsakh have left Armenia, and  this happens amid an acute shortage of such personnel.

c) an investigation is not conducted to clarify all the circumstances  of the commission of genocide against these people, etc.

- And yet, what does this status give to the people of Artsakh?

- Firstly, the status is intended to de jure certify that these  people were subjected to mass violence, but this ignores the fact  that they were recognized as victims of genocide. On the other hand,  they acquire the legal opportunity to use social support intended for  refugees, including the right to receive a pension, etc.

However, as obvious "disadvantages", it can be noted that the status  deprives them of the right to vote and the right to enter the public  service. However, if desired, it will be possible to resolve the  issue of their citizenship in a simplified manner.

- Does having refugee status make it easier to obtain citizenship of  another country? If so, then should RA be afraid of the mass  emigration of Artsakh people from Armenia?

- Of course, refugee status can be a hidden incentive for emigration,  but by and large, Artsakh residents can receive such status in other  countries, even without this decision. However, in order to counter  possible emigration, the state policy of Armenia should be aimed at  "discouraging" the outflow of citizens outside the country, for  example, not encouraging incitement of hatred on social networks,  being as sympathetic as possible to the implementation of social  assistance programs for Armenians from Artsakh, etc.

- The RA government also suggested the residents of Artsakh to submit  an application to obtain citizenship of the Republic of Armenia. As  Armen Ghazaryan, head of the migration and citizenship service of the  Ministry of Internal Affairs of Armenia explained, the people of  Nagorno-Karabakh were issued blue passports as travel documents,  rather than citizenship certificates.According to Ghazaryan, the  Armenian government also presented a corresponding position to the  ECHR in the framework of the "Chiragov v. Armenia" case, the decision  on which was made by the court in 2007. Advisor to the Minister of  Justice of Armenia Artem Sujyan, in turn, stated that since 1991,  between the then Minister of Internal Affairs of Armenia and Artsakh,  an "interstate agreement" was signed, on the basis of which these  passports (with code <070>) were issued to residents of  Nagorno-Karabakh as < travel document>, i.e., a document with which  you can leave the country and travel.. Doesn't having a "blue  passport" de jure and de facto make them citizens of the Republic of  Armenia?

- Unfortunately, no regulatory legal act on the acquisition of RA  citizenship by residents of the Republic of Artsakh was adopted at  the time, and the right to adopt such an act belongs exclusively to  the president of the country: passports were issued on the basis of  the agreement you mentioned, which had a completely different meaning  and purpose. On the other hand, Artsakh is a sovereign state whose  citizens are first and foremost citizens of this state. However, on  the constitutional basis of dual citizenship, they could also be  granted RA citizenship in accordance with the established procedure.

The passport, as a state document certifying the identity and  citizenship of its owner, must comply not only with the template  defined by the legislation, but also to all requisites, the latter's  color is not crucial, so it cannot be considered as a passport  certifying RA citizenship. In this vein, these passports should not  be considered as a sufficient basis for recognition of RA  citizenship. The legal way is for the President of the country to  issue a decree on the group acquisition of RA citizenship.  

Meanwhile, responsible officials, declaring that Artsakh residents  can apply for RA citizenship on a general basis, have chosen a path  full of unacceptable and unnecessary hassles, a path of  disappointment that psychologically promotes emigration.

- What does obtaining RA citizenship give to Artsakh people, and what  do they lose, including in the matter of protecting their rights in  Artsakh in the future?

- Acquiring RA citizenship gives them the opportunity to enjoy all  the rights and freedoms provided for by the Constitution of the  country. And from the point of view of protecting the subjectivity of  Artsakh, it is not an obstacle, since the constitutions of both  states do not exclude the institution of dual citizenship, that is,  Artsakh Armenians continue to remain as citizens of Artsakh.