Friday, January 12 2024 16:53

ArmInfo. "Armenian and Azerbaijani authorities should ensure focus on human rights protection in their peace talks and establish strong human rights safeguards for all persons affected by the conflict", said the Council of Europe Commissioner for Human Rights, Dunja Mijatovic, as she published her Observations following her visit to Armenia and Azerbaijan, including the Karabakh region, from 16 to 23 October 2023. It was the first time in decades that a human rights mission of this kind was able to visit the Karabakh region.

The visit was prompted by the mass displacement of over 101,000  Karabakh Armenians who fled to Armenia in the space of only a few  days at the end of September. It followed Azerbaijan's military  action on 19 and 20 September, its subsequent full control over the  region and the prolonged disruption in the movement of people and  access to essential goods, services and energy supplies experienced  by Karabakh Armenians as a result of a nine-month blocking of the  road along the Lachin corridor by Azerbaijan. In Armenia, the  Commissioner spoke with Karabakh Armenians who had left and were  staying in shelters provided by the authorities. In Khankendi  (referred to as Stepanakert by Karabakh Armenians) in Azerbaijan,  following the departure of its population, the Commissioner witnessed  empty streets, abandoned premises and almost no sign of the presence  of civilians. On the basis of what she could hear and see, the  Commissioner concluded that at the end of September 2023, Karabakh  Armenians found themselves abandoned without any reliable security or  protection guarantees by any party, and that, for them, leaving home  was the only reasonable option available.

While welcoming the efforts made by the Armenian authorities to  provide all those in need who arrived from the Karabakh region with  the first basic assistance, the Commissioner stressed that Karabakh  Armenians who fled to Armenia, and in particular those belonging to  vulnerable groups, should be guaranteed access to all necessary  support in the immediate, medium and long term.  "Council of Europe  member states should maintain a focus on providing financial support  to ensure that the humanitarian needs of displaced persons and their  host populations can be fully met", added the Commissioner.

The Commissioner stressed that recently-displaced Karabakh Armenians  in Armenia should be given the possibility of returning in safety and  dignity - even if it seems hypothetical for most at the moment -  including by finding flexible solutions, in particular as concerns  their citizenship and legal status. Pending a possible return, ways  should be promptly found, including by establishing security  guarantees, for Karabakh Armenians to temporarily access their homes  or places of habitual residence, and visit graveyards where loved  ones are buried. It is incumbent on the Azerbaijani authorities to  ensure that property left behind by Karabakh Armenians is protected  from looting, theft or being taken over. The few ethnic Armenians who  have stayed in the Karabakh region should also benefit from all human  rights protection, including by having their freedom of movement  secured.

Welcoming the steps taken by the Azerbaijani government to facilitate  the return of internally displaced persons to the Karabakh region,  the Commissioner expressed the hope that all internally displaced  persons who so wish will be able to return as soon as possible in  safety and dignity. More generally, the Commissioner stressed that  all persons displaced by the long-lasting conflict have the right to  return to their homes or places of habitual residence voluntarily and  under conditions of safety and dignity, regardless of whether they  have been displaced internally or across borders.

"All allegations of breaches of international humanitarian law and  serious human rights violations reported in relation to the conflict  need to be effectively and promptly investigated, the perpetrators  brought to justice and if found guilty after a fair, independent and  impartial trial, sentenced and punished. This includes allegations  relating to the circumstances of the blocking of the Lachin corridor,  the mass displacement of Karabakh Armenians and the military  operation of 19 to 20 September", said the Commissioner. She added  that this must be done through a victim-centred approach that treats  the victims and their families with sensitivity and compassion. A  comprehensive approach to dealing with the past and addressing the  serious human rights violations committed in the context of the  conflict over the Karabakh region should also be put in place.

Other human rights issues addressed in the Commissioner's  Observations include the need to protect people from mines and  explosive remnants of war; the situation of persons detained in  connection with the conflict, including the conditions of their  detention and level of contact with their families; and the  importance of clarifying the fate of missing persons throughout the  region and to provide answers to their families. Lastly, the  Commissioner called on the authorities in both countries to combat  hate speech and promote mutual understanding and trust, including by  involving civil society in establishing human rights-compliant  memorialisation and reconciliation processes.