Azerbaijan proposed UN a plan on definition of status of Nagorno Garabagh occupied by Armenia

The United Nations has published a report of its Secretary-General Ban Ki-moon “The situation in the occupied territories of Azerbaijan” on the issue of settlement of Armenian-Azerbaijan Nagorno Garabagh conflict. The report contains official position of the sides on the UN General Assembly’s resolution 62/243, entitled “The situation in the occupied territories of Azerbaijan”.

In its letter enclosed to the report the Republic of Azerbaijan wishes to stress that the General Assembly, in its resolution 62/243, reaffirmed the continued respect and support of the Assembly to the sovereignty and territorial integrity of the Republic of Azerbaijan and invited the Member States of the United Nations to consolidate their support for the settlement of the conflict in and around the Nagorno-Karabakh region of the Republic of Azerbaijan on the basis of territorial integrity of the Republic of Azerbaijan within its internationally recognized borders. In this regard, Azerbaijan wishes to draw attention to the attached official statements and support extended by the United Nations Member States to the settlement of the conflict on the basis of territorial integrity and sovereignty of Azerbaijan.

At the recent meeting of the Presidents of Armenia, Azerbaijan and the Russian Federation in Moscow on 2 November 2008, the Presidents signed a Declaration stating that “the settlement of the conflict should be based on the norms and principles of the international law and the decisions and documents approved within this framework”, which also includes General Assembly resolution 62/243, and thus shall also be considered as a support to the settlement of the conflict on the basis of territorial integrity and sovereignty of Azerbaijan.

The General Assembly demanded the withdrawal of all Armenian forces from all occupied territories of the Republic of Azerbaijan. In this regard, Azerbaijan would like to recall United Nations Security Council resolution 822 (1993), paragraph 1; resolution 853 (1993), paragraph 3; resolution 874 (1993), paragraph 5; and resolution 884 (1993), paragraph 4; demanding immediate withdrawal of all occupying forces from the occupied areas of Azerbaijan and remind that the provisions of the said General Assembly resolution are still being ignored by the Republic of Armenia.

The Assembly further reaffirmed the inalienable right of the population expelled from the occupied territories of the Republic of Azerbaijan to return totheir homes in safety and dignity and stressed the necessity of creating appropriate conditions for this return, including the comprehensive rehabilitation of the conflictaffected territories. Support of the States Members of the United Nations to realize their right to return and restore the pre-conflict demographic situation will allow for both Azerbaijani and Armenian communities of the Nagorno-Karabakh region to participate on an equal basis in the process of definition of an effective democratic system of self-governance of the region within the Republic of Azerbaijan.

However, Azerbaijan would like to draw attention to the fact of illegal settlements conducted by the Republic of Armenia in the occupied territories of Azerbaijan, which was raised by Azerbaijan at the United Nations General Assembly in 2004. The Assembly comprehensively addressed the issue and invited OSCE to carry out the fact-finding mission to the occupied territories of Azerbaijan. Unfortunately, the concerns expressed by the General Assembly and the recommendations of the fact-finding mission are being ignored by Armenia.

Paragraph 5 of the resolution states that the Member States shall not recognize as lawful the situation resulting from the occupation of the territories of the Republic of Azerbaijan, nor render aid or assistance in maintaining this situation. The Government of Azerbaijan counts on the efforts by the States Members of the United Nations to prevent any attempts to consolidate the results of occupation of the territories of Azerbaijan.

A report of the Secretary-General properly reflecting the principled basis for the settlement of the conflict laid down in the United Nations General Assembly and Security Council documents mentioned above as well as reaffirming the support of the Member States of the United Nations to the territorial integrity of the Republic of Azerbaijan and to the return of the Azerbaijani population to the Nagorno-Karabakh region and other territories of Azerbaijan, as it is visible from the documents attached to this letter,1 will be a sound contribution for mobilizing a strong and unequivocal support of international community for the settlement of this conflict and will persuade Armenia to behave in a constructive manner in the conflict resolution process with a view to bringing stability and prosperity to the South Caucasus.

The Republic of Azerbaijan remains committed to the peaceful resolution of the conflict in and around the Nagorno-Karabakh region of Azerbaijan. The mediation efforts conducted for already quite a long period of time within the framework of OSCE have yet to yield results, Azerbaijan continues to be committed to solving the conflict peacefully and in a constructive manner. The strategy of the Government of Azerbaijan is aimed at the liberation of all occupied territories, the return of forcibly displaced population to their homes, and the establishment of durable peace and stability in the Nagorno-Karabakh region of Azerbaijan, as well as in the entire South Caucasus.

The ultimate objective of the settlement process is to elaborate and define the model and legal framework of the status of the Nagorno-Karabakh region within Azerbaijan. Having said that, Azerbaijan believes that the process of definition of any status shall take place in normal peaceful conditions with direct, full and equal participation of the entire population of the region, namely, the Armenian and Azerbaijani communities, and in their constructive interaction with the Government of Azerbaijan exclusively in the framework of a lawful and democratic process. A number of important steps have to be taken to reach a stage where the partiesconcerned can start considerations of the self-rule status for the Nagorno-Karabakh region within Azerbaijan. First, the factor of military occupation must be removed from the conflict settlement context. Delay of return of the territories, which is not justified by the real substantial reasons, can complicate the already difficult settlement process.

Secondly, demographic situation, which existed in the region before the outbreak of the conflict, must be restored. It is clear that the status may only be defined through direct participation of both Azerbaijani and Armenian communities, living side-by-side in Nagorno-Karabakh. Thirdly, the regime of interaction between the central authorities of Azerbaijan and local authorities of the Armenian community must be established, until the new legal status of self-rule for the Nagorno-Karabakh region is elaborated.

Another important element is a rehabilitation and economic development of the region. This step is essential for the process of normalization of life and the restoration of peaceful coexistence and cooperation between the two communities. It should include the restoration and development of economic links between the two communities, as well as between the central authorities of Azerbaijan and the Nagorno-Karabakh region; and the restoration and opening of all communications for the mutual use by both sides in both directions, including Lachin road. The fifth element entails cooperation between the two communities in the humanitarian sphere, including implementation of the special programmes on education and tolerance.

As for the implementation of the peace agreement to be signed between Armenia and Azerbaijan, it will be guaranteed by the commitments undertaken by the two sides under the Agreement, and by the relevant international guarantees.

The conflict can only be solved on the basis of respect for the territorial integrity and inviolability of the internationally recognized borders of Azerbaijan, and peaceful coexistence of Armenian and Azerbaijani communities in the Nagorno-Karabakh region, fully and equally enjoying the benefits of democracy and prosperity.

/Azerbaijan Business Center/