Thursday, October 12 2023 18:25

ArmInfo. A livestreamed public hearing on "The human rights and humanitarian situation of  Karabakh Armenians and the international obligations of Azerbaijan" took place today in Strasbourg on the margins of the Assembly's autumn plenary session, the Parliamentary Assembly of the Council of  Europe (PACE) reports on its official website.

According to the source, participants included:

Thomas de Waal, scholar and writer, Senior Fellow at Carnegie Europe  (online);

Andreas Wissner, UNHCR Representative to the European institutions in  Strasbourg;

Dr Bjorn Schiffbauer, Professor of Public, European and International  Law at the University of Rostock in Germany.

There was also an exchange of views with members of the three PACE  committees which jointly organised the event, the Committees on Legal  Affairs and Human Rights, Migration and Monitoring.

The Assembly is to hold an urgent debate on the humanitarian  situation in Nagorno- Karabakh during its plenary sitting later  today.

The report states that "Over the last two weeks, more than 100 600  Armenians have fled Nagorno-Karabakh following a ten-month  humanitarian crisis linked to the blockage of the Lachin Corridor  (Kashatagh, ed. note)  and the military operation launched by  Azerbaijan on 19 September 2023. While two narratives of the exodus  of nearly 99% of the population of the region oppose each other, it  is clear that Azerbaijan has the responsibility and the obligation to  protect the rights and freedoms of all the inhabitants of this region  and to do everything in its power to reassure the Armenian population  of their safety and the respect of their rights, including their  rights as a minority group.  Regretting the tragic events that have  unfolded since 19 September 2023, forcing almost an entire population  to leave its ancestral homeland, and inviting suspicions of many  aspects of ethnic cleansing, the report calls on Azerbaijan to  undertake unequivocal, genuine and immediate actions demonstrating  its willingness to ensure the return of the Armenian population to  Nagorno-Karabakh and to protect their rights. The use of reassuring  and nuanced language and speedy access to the region by international  organisations, including the Council of Europe, would be a first  step.  Finally, the report looks at the dire humanitarian situation  stemming from the forcible displacement of the Armenians from their  homeland and highlights the need to support Armenia, including  through Council of Europe action, in its effort to cope with a large  number of refugees," the Summary of the report notes.

At the same time, the PACE Draft resolution adopted following the  debates notes:

1.  Recalling Azerbaijan's "commitment to a peaceful settlement of  the Nagorno-Karabakh conflict" as specified in Opinion 222 (2000),  the Parliamentary Assembly strongly condemns the military operation  launched by the Azerbaijani army in Nagorno-Karabakh on 19 September  2023. The Assembly recognises the territorial integrity of  Azerbaijan. It underlines that this entails the responsibility of  this country for the actions it takes within its internationally  recognised borders.

2. The Assembly notes that this military operation took place after a  ten-month period during which the Armenian population of this region  has been denied free and safe access through the Lachin Corridor, the  only road allowing it to reach Armenia and the rest of the world,  leading to a situation of extremely acute food and supply shortages  and high vulnerability of all inhabitants. This was in clear  disregard of the provisional and interim measures addressed to  Azerbaijan by the International Court of Justice and the European  Court of Human Rights, whose decisions also noted the obligation of  Azerbaijan under the 2020 Trilateral Statement to "guarantee the  security of persons, vehicles and cargo moving along the Lachin  Corridor in both directions".

3. The Assembly deeply regrets that just at a time when the situation  concerning the transport of the humanitarian supply to the population  seemed to improve and a glimpse of hope was emerging, Azerbaijan took  the decision to launch this show of force. Indeed, the combination of  acute food and supply shortages for the population over a period of  months, followed by a military operation and the opening of the  corridor towards Armenia for departures, following each other in such  short succession, could be perceived as being designed to incite the  civilian population to leave the country.

4. The Assembly strongly believes that this long-standing and tragic  conflict can only be resolved peacefully, through dialogue and  unambiguous signals of goodwill, and on the basis of the applicable  international law, fully respecting the human rights of everyone  living there.

5. The Assembly recalls the positive obligations of Azerbaijan to  ensure the protection of everyone living in its sovereign territory  and under its jurisdiction, including the Armenian population of this  region. These obligations are enshrined in the international human  rights treaties to which Azerbaijan is a party, in particular the  European Convention on Human Rights (ETS No. 5) and the Framework  Convention for the Protection of National Minorities (ETS No. 157),  the International Covenant on Civil and Political Rights and the  International Convention on the Elimination of All Forms of Racial  Discrimination.

6. The Assembly underlines the obligation now incumbent on  Azerbaijan, under Articles 2 and 3 of the European Convention on  Human Rights, to conduct a thorough, transparent, independent and  effective investigation into the deaths, disappearances and  allegations of ill-treatment which occurred during and after its  recent military operation.  It also has an obligation under Protocol  No. 4 to the Convention (ETS No. 46) to respect the right of the  Armenians of this region to freedom of movement, including the right  to leave any country (Article 2 of Protocol No. 4), and the right to  enter the territory of the State of which they are nationals (Article  3 of Protocol No. 4). These rights, as well as the right to respect  for private and family lives and their homes (Article 8) and the  right to the peaceful enjoyment of possessions (Article 1 of Protocol  No. 1 (ETS No. 9)) would be breached if the Armenians who have fled  the region were to be prevented from returning voluntarily to the  homes and lands they left behind or if these were to be transferred  or de facto expropriated.

7. The Assembly recalls that Azerbaijan is further bound by  international standards for the protection of national minorities and  for the prevention of population displacement and has moreover the  obligation to provide and allow for humanitarian assistance to those  Armenians remaining as of today on its territory in the region.

8. The Assembly has witnessed with great sadness and a sense of  powerlessness the massive exodus over recent days of the Armenian  population from this region of Azerbaijan, following on immediately  from the launch of the military operation and the agreement reached  by the Azerbaijan authorities with the self-proclaimed authorities,  who have announced their dissolution.

9. Strongly regretting that almost the entire Armenian population of  the region - more than 100 600 persons at the time of the adoption of  this resolution - has left its ancestral homeland and fled to  Armenia, certainly out of genuine fear and a lack of trust in their  future treatment by the Azerbaijani authorities, the Assembly  recognises the huge responsibility now placed upon Armenia to cope  with the refugee crisis underway. It welcomes the declarations of  support and solidarity clearly expressed in Armenia for the refugees  and calls on the Council of Europe member States to accompany Armenia  in this endeavour by providing not only financial support but also  expertise, in particular in the area of mental health and  psychological support for this traumatised population. The Council of  Europe member States should also be ready to demonstrate European  solidarity in welcoming a part of the refugee population, should  those persons wish to settle elsewhere.

10. The Assembly regrets the human tragedy unfolding today, as well  as the long- standing and continuing failure on the part of the  authorities of Azerbaijan to reassure the Armenian population of this  region of their safety and the full respect of their rights, and to  guarantee an approach to their future, free of acts or expressions of  reprisals or revenge for the events which took place in the 1990s and  during the 2020 war.

11. In its Resolution 2508 (2023), the Assembly noted the lack of  acknowledgment on the part of the leadership of Azerbaijan for the  very serious humanitarian and human rights consequences stemming from  the blockade of the Lachin Corridor. The factual situation today,  with the massive exodus of the almost entire Armenian population from  this region, has led to allegations and reasonable suspicion that  this can amount to ethnic cleansing. The Assembly notes in this  respect that the practice of ethnic cleansing, may give rise to  individual criminal responsibility under international law, in so far  as it has the characteristics of specific war crimes (ordering the  displacement of civilian population) or crimes against humanity  (deportation or forcible transfer of population and persecution  against any identifiable group). The Assembly notes the strong  statements of Azerbaijan refuting such allegations and suspicions and  calls upon the authorities to spare no efforts in proving in deeds  and words that this is not the case.

12. The Assembly strongly believes that this tragic exodus of almost  a whole population from its ancestral homeland must not be accepted  as the new reality: it is not too late for Azerbaijan to redress the  situation and prove its goodwill. As a member State of the Council of  Europe, Azerbaijan can and should demonstrate, at this difficult  time, its willingness and clear intention to calm fears and uphold  its obligations under the human rights instruments to which it is a  party, and its commitment to the core values of our Organisation.

13. Each man, woman, elderly person or child who has left their home  because of their belief that their personal and collective security  as Armenians would be in peril after the recent events in the region  will have their own story to tell. Beyond these individual human  stories, the security and stability of the entire South Caucasus  region are at stake and must be preserved, and for this reason, the  Assembly calls on Azerbaijan to do everything within its power to  demonstrate its willingness to live in peace with its neighbour,  Armenia. The Assembly expects both Armenia and Azerbaijan to fully  respect each other's territorial integrity and sovereignty, as well  as the inviolability of their respective borders. This is  particularly important in the context of a possible transport  corridor with Nakhchivan which cannot be established against the will  of Armenia or to the detriment of its freely determined national  interest.

14. It is now incumbent upon Azerbaijan to create the climate of  trust and material conditions for the Armenians of this region to be  able to return to their homeland. It should indeed take active steps  to encourage and reassure them to do so. This involves gaining their  confidence in the willingness of Azerbaijan to guarantee and uphold  the protection of their lives and rights, including the right to  liberty and security, the right to education in their own language,  freedom of expression and freedom of assembly and association, the  prohibition of discrimination, the protection of their religious and  cultural rights and their right to property, as well as the  possibility to maintain transborder relations with Armenia and their  relatives living there.

15. The Assembly believes that this will require genuine, immediate  and public investment on the part of Azerbaijan in clear and  unequivocal statements to this end, accompanied by discussions with  the relevant parties on the concrete measures which will be put in  place to protect the security, language, religious, cultural and  other minority rights of Armenians from this region. Any expressions  of intolerance or revenge for past events are particularly unwelcome  in this period, and the Assembly calls upon Azerbaijan to pay  particular attention to this aspect. Indeed, given previous such  statements there is a clear onus upon the political leadership at the  highest level to express its firm rejection of any expressions of  hate or revenge. The Assembly calls on Azerbaijan to extend its  protection to the cultural heritage of the region.

16. Undoubtedly, a process of transitional justice to address the  crimes which were perpetrated in the 1990s and during the 2020 war  will be indispensable to ensure durable and sustainable peace in the  region and between Armenia and Azerbaijan. The Assembly considers  that such a process, while complex, may prove more fruitful in  restoring confidence than aggressive actions, rhetoric or the  instigation of criminal proceedings against the former leaders of  Nagorno-Karabakh. The Assembly calls on Azerbaijan to release all  detained representatives of Nagorno-Karabakh as well as all Armenian  prisoners of war currently held in Azerbaijan.

17. The Assembly welcomes the deployment by the United Nations of a  mission to Nagorno-Karabakh for the first time in more than 30 years,  the aim of which is to assess humanitarian needs in the region. It  expresses its hope that this visit will be swiftly followed by an  agreement on the part of the Azerbaijani authorities to organise  high- level and fact-finding visits from other international bodies,  in particular relevant institutions and bodies of the Council of  Europe.

18. In this respect, the Assembly believes that a visit of the  Commissioner for Human Rights in the very near future and the visit  later this year of the Advisory Committee on the Framework Convention  for the Protection of National Minorities in the context of its  regular monitoring cycle would be a clear sign of Azerbaijan's  willingness to engage with the Organisation on the measures now  needed. The facilitation of such visits will allow the Organisation  to gain the best overview of the situation, conduct a more effective  dialogue with the authorities of Azerbaijan and to lend its expertise  and support in redressing the situation, including as regards the  protection and reassurance of the remaining Armenian population, the  safeguarding of the property and other assets of those who have  sought refuge abroad in the current situation, and the necessary  measures to encourage the return of this population to its homeland.

19. In particular, the Council of Europe could offer its expertise in  confidence-building measures, aiming to allow the Armenian population  of this region to feel confident enough to return to its homeland and  to live in peaceful and trustful relations both with the Azerbaijani  authorities and its neighbours in the region.

20. The Assembly considers that in addition to the urgent need for  access to the region for the Council of Europe relevant institutions  and bodies, the authorities of Azerbaijan should regularly provide  the Secretary General and the Committee of Ministers with full and  detailed information on the measures which have already been taken  and that are planned to protect and enhance the rights and freedoms  of the Armenians from this region under the European Convention on  Human Rights, in particular with a view to securing confidence in a  safe return for those who so wish.

21. Conscious of the focused scope of this report, which is centred  exclusively on the humanitarian situation which has affected the  Armenian population of Nagorno- Karabakh following Azerbaijan's  military operation of 19-20 September 2023, the Assembly stands ready  to examine in further depth the political and legal implications of  the unfolding situation and the measures to come. Should Azerbaijan  fail to fulfil its obligations, the Assembly shall have no other  alternative than to call for the initiation of a complementary joint  procedure between the Committee of Ministers and the Parliamentary  Assembly in response to a serious violation by Azerbaijan of its  statutory obligations.