III. Türkiye ve Azerbaycan’ın
Ermenistan ile Sorunları
2. Avrupa
Konseyi Parlamenter Asamblesi’nin Karabağ Sorunu Hakkında Aldığı Karar
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The conflict over the Nagorno-Karabakh region dealt with by the OSCE Minsk
Conference
1. The Parliamentary Assembly regrets that, more than a decade after the
armed hostilities started, the conflict over the Nagorno-Karabakh region
remains unsolved. Hundreds of thousands of people are still displaced and
live in miserable conditions. Considerable parts of the territory of
Azerbaijan are still occupied by Armenian forces, and separatist forces are
still in control of the Nagorno-Karabakh region.
2. The Assembly expresses its concern that the military action, and the
widespread ethnic hostilities which preceded it, led to large-scale ethnic
expulsion and the creation of mono-ethnic areas which resemble the terrible
concept of ethnic cleansing. The Assembly reaffirms that independence and
secession of a regional territory from a state may only be achieved through
a lawful and peaceful process based on the democratic support of the
inhabitants of such territory and not in the wake of an armed conflict
leading to ethnic expulsion and the de facto annexation of such territory to
another state. The Assembly reiterates that the occupation of foreign
territory by a member state constitutes a grave violation of that state’s
obligations as a member of the Council of Europe and reaffirms the right of
displaced persons from the area of conflict to return to their homes safely
and with dignity.
3.The Assembly recalls Resolutions 822 (1993), 853 (1993), 874 (1993) and
884 (1993) of the United Nations Security Council and urges the parties
concerned to comply with them, in particular by refraining from any armed
hostilities and by withdrawing military forces from any occupied
territories. The Assembly also aligns itself with the demand expressed in
Resolution 853 of the United Nations Security Council and thus urges all
member states to refrain from the supply of any weapons and munitions which
might lead to an intensification of the conflict or the continued occupation
of territory.
4. The Assembly recalls that both Armenia and Azerbaijan committed
themselves upon their accession to the Council of Europe in January 2001 to
use only peaceful means for settling the conflict, by refraining from any
threat of using force against their neighbours. At the same time, Armenia
committed itself to use its considerable influence over Nagorno-Karabakh to
foster a solution to the conflict. The Assembly urges both governments to
comply with these commitments and refrain from using armed forces against
each other and from propagating military action.
5. The Assembly recalls that the Council of Ministers of the Conference on
Security and Co-operation in Europe (CSCE) agreed in Helsinki in March 1992
to hold a conference in Minsk in order to provide a forum for negotiations
for a peaceful settlement of the conflict. Armenia, Azerbaijan, Belarus, the
former Czech and Slovak Federal Republic, France, Germany, Italy, the
Russian Federation, Sweden, Turkey and the United States of America agreed
at that time to participate in this conference. The Assembly calls on these
states to step up their efforts to achieve the peaceful resolution of the
conflict and invites their national delegations to the Assembly to report
annually to the Assembly on the action of their government in this respect.
For this purpose, the Assembly asks its Bureau to create an ad hoc committee
comprising, inter alia, the heads of these national delegations.
6. The Assembly pays tribute to the tireless efforts of the co-chairs of the
Minsk Group and the Personal Representative of the OSCE Chairman-in-Office,
in particular for having achieved a ceasefire in May 1994 and having
constantly monitored the observance of this ceasefire since then. The
Assembly calls on the OSCE Minsk Group co-chairs to take immediate steps to
conduct speedy negotiations for the conclusion of a political agreement on
the cessation of the armed conflict. The implementation of this agreement
will eliminate major consequences of the conflict for all parties and permit
the convening of the Minsk Conference. The Assembly calls on Armenia and
Azerbaijan to make use of the OSCE Minsk Process and to put forward to each
other, via the Minsk Group, their constructive proposals for the peaceful
settlement of the conflict in accordance with the relevant norms and
principles of international law.
7. The Assembly recalls that Armenia and Azerbaijan are signatory parties to
the Charter of the United Nations and, in accordance with Article 93,
paragraph 1 of the Charter, ipso facto parties to the statute of the
International Court of Justice. Therefore, the Assembly suggests that if the
negotiations under the auspices of the co-chairs of the Minsk Group fail,
Armenia and Azerbaijan should consider using the International Court of
Justice in accordance with Article 36, paragraph 1 of its statute.
8. The Assembly calls on Armenia and Azerbaijan to foster political
reconciliation among themselves by stepping up bilateral inter-parliamentary
co-operation within the Assembly as well as in other forums such as the
meetings of the speakers of the parliaments of the Caucasian Four. It
recommends that both delegations should meet during each part-session of the
Assembly to review progress on such reconciliation.
9. The Assembly calls on the Government of Azerbaijan to establish contact,
without preconditions, with the political representatives of both
communities from the Nagorno-Karabakh region regarding the future status of
the region. It is prepared to provide facilities for such contacts in
Strasbourg, recalling that it did so in the form of a hearing on previous
occasions with Armenian participation.
10. Recalling its Recommendation 1570 (2002) on the situation of refugees
and displaced persons in Armenia, Azerbaijan and Georgia, the Assembly calls
on all member and Observer states to provide humanitarian aid and assistance
to the hundreds of thousands of people displaced as a consequence of the
armed hostilities and the expulsion of ethnic Armenians from Azerbaijan and
ethnic Azerbaijanis from Armenia.
11. The Assembly condemns any expression of hatred portrayed in the media of
Armenia and Azerbaijan. The Assembly calls on Armenia and Azerbaijan to
foster reconciliation and to restore confidence and mutual understanding
among their peoples through schools, universities and the media. Without
such reconciliation, hatred and mistrust will prevent stability in the
region and may lead to new violence. Any sustainable settlement must be
preceded by and embedded in such a reconciliation process.
12. The Assembly calls on the Secretary General of the Council of Europe to
draw up an action plan for support to Armenia and Azerbaijan targeted at
mutual reconciliation processes, and to take this resolution into account in
deciding on action concerning Armenia and Azerbaijan.
13. The Assembly calls on the Congress of Local and Regional Authorities of
the Council of Europe to assist locally elected representatives of Armenia
and Azerbaijan in establishing mutual contacts and interregional
co-operation.
14. The Assembly resolves to analyse the conflict-settlement mechanisms
existing within the Council of Europe, in particular the European Convention
for the Peaceful Settlement of Disputes, in order to provide its member
states with better mechanisms for the peaceful settlement of bilateral
conflicts as well as internal disputes involving local or regional
territorial communities or authorities which may endanger human rights,
stability and peace.
15. The Assembly resolves to continue monitoring on a regular basis the
evolution of this conflict towards its peaceful resolution and decides to
reconsider this issue at its first part-session in 2006.
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