Provision on border demarcation unconstitutional - ARFD 

ArmInfo.The Supreme Body of the ARF Dashnaktsutyun Party of Armenia considers the regulations on  joint activities of the commissions of the two countries on demarcation of the border between Armenia and Azerbaijan proposed by the country's authorities to be unconstitutional, and, therefore, not subject to adoption by the National Assembly of the Republic. 

"The commitment to territorial integrity did not limit Azerbaijan to  invade the territory of the Republic of Armenia. Thus, the mention of  the Alma-Ata Declaration does not stop Azerbaijani aggression," the  party added.

According to the party's statement, the regulations also contain  formulations that pose significant risks to Armenia, in particular,  partial demarcation of the border and the lack of a clear procedure  for resolving disputes. In addition, the Armenian authorities claim  that the basis for the demarcation is a map drawn up by the General  Staff of the USSR Armed Forces in 1976-78, but there is no reference  to this map in the text of the regulation.

"The regulation ignores advanced international experience that does  not follow from the interests of Azerbaijan. The legal basis that  enshrines the territorial interests of the Republic of Armenia is  also ignored. In fact, this document creates the basis for further  unilateral concessions," the statement says.

This is stated in the party's statement, published on the occasion of  the submission of the document by the Armenian government to the  Constitutional Court. The party notes that the text of the  regulations does not clearly define the initial border, which is the  basis for delimitation. The Alma-Ata Declaration of 1991, mentioned  in the document, does not describe the borders of the CIS member  states and does not contain any mention of the administrative borders  of the former Soviet republics. The fact that the parties to this  declaration recognize each other's territorial integrity is also of  no significant importance as an argument, since this principle is  enshrined in the UN Charter, the OSCE Helsinki Final Act and other  fundamental international legal documents to which Armenia and  Azerbaijan have acceded.

"Dashnaktsutyun" is convinced that in order to delimit the interstate  border between the countries, the initial border covering the  territory of Armenia must be clearly defined and described by the  legislation of the Republic of Armenia, and the change in this  outline as a result of delimitation must be approved by referendum.

The party also considers it necessary to apply the principles of  delimitation to each section of the border so that Azerbaijan cannot  impose arbitrary "grounds" that will serve exclusively Azerbaijani  interests.  The political force also calls for compliance with the  principle of "nothing is agreed upon unless everything is agreed  upon." Thus, the delimitation of any section cannot be considered  final until the entire border is described.

"In order to exclude artificial delays in the delimitation process  and the use of disagreements over delimitation as a reason for war,  it is necessary to clearly indicate how border disputes arising  during the delimitation process will be resolved," the party  concluded.

On September 24, the Constitutional Court of Armenia began  considering the compliance of the regulations on the joint activities  of the commission on demarcation of the border between Azerbaijan and  Armenia with the Constitution.

At the meeting on September 5, the RA government approved the  regulations on the joint activities of the commissions on demarcation  of the Armenia-Azerbaijan border. Then it was sent to the  Constitutional Court, and if approved by the latter, to the  parliament for ratification. The hearings in the Constitutional Court  are held behind closed doors.

The signing of the regulations was announced by the country's Foreign  Ministry on August 30. And already on September 2, the Armenian  authorities published an official announcement about the signing of  the regulation on the rules of joint activities of the commission on  demarcation of the state border and border security between the  Republic of Armenia and the Republic of Azerbaijan and the state  commission on demarcation of the state border between the Republic of  Azerbaijan and the Republic of Armenia.