Republic of Artsakh

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Nagorno-Karabakh Republic
Լեռնային Ղարաբաղի Հանրապետություն
Lernayin Gharabaghi Hanrapetutyun
Anthem: "Azat u ankakh Artsakh"
"Free and Independent Artsakh"
Location of Nagorno-Karabakh
CapitalStepanakert
Official languagesArmenian1
GovernmentUnrecognized
• President
Bako Sahakyan
Arayik Harutyunyan
Independence 
from Azerbaijan
December 10 1991
• Proclaimed
January 6 1992
• Recognition
none
Area
• Total
[convert: invalid number]
Population
• March 2007 estimate
138,000 (n/a)
CurrencyArmenian dram (AMD)
Time zoneUTC+4
• Summer (DST)
UTC+5
Calling code374 47
  1. The constitution guarantees "the free use of other languages spread among the population."
  2. Virtual administrative territory of the NKR
File:Stepanakert flags.jpg
The Government building in Stepanakert.
For the region, see Nagorno-Karabakh

The Nagorno-Karabakh Republic (NKR)[1] (Armenian: Լեռնային Ղարաբաղ Հանրապետություն Lernayin Gharabaghi Hanrapetut’yun) or Artsakh Republic[1] is a de facto independent republic located in the Nagorno-Karabakh region of the South Caucasus, about 270 kilometers (170 miles) west of the Azerbaijani capital of Baku and very close to the border with Armenia.

The predominantly Armenian-populated region of Nagorno-Karabakh became disputed between Armenia and Azerbaijan when both countries gained independence from the Russian Empire in 1918. After the Soviet Union established control over the area, in 1923 it formed the Nagorno-Karabakh Autonomous Oblast (NKAO) within the Azerbaijan SSR. In the final years of the Soviet Union, the region re-emerged as a source of dispute between Armenia and Azerbaijan, culminating in the Nagorno-Karabakh War fought from 1988 to 1994.

On December 10 1991, as the Soviet Union was collapsing, a referendum held in the NKAO and the neighboring Shahumian region resulted in a declaration of independence from Azerbaijan as the Nagorno-Karabakh Republic. The country remains unrecognized by any international organization or country, including Armenia.

Since the ceasefire in 1994, most of Nagorno-Karabakh and several regions of Azerbaijan around it remain under the joint Armenian and Nagorno-Karabakh military control. Representatives of the governments of Armenia and Azerbaijan have since been holding peace talks mediated by the OSCE Minsk Group.

History

Main article: History of Nagorno-Karabakh

Government and Politics

Main article: Politics of Nagorno-Karabakh

Nagorno-Karabakh is a presidential democracy. The executive power rests mainly at the President. The President is chosen directly for a period of five years, he can serve maximum two periods. He appoints and dismisses the prime minisiter. The prime minister is the Chairman of the Government, existing from - beside the prime minister - the vice-premier, 11 ministers and the Commissioners of the National Security, the Police Force and the Tax and Customs Administration.

Political Parties

Main article: List of political parties in Nagorno-Karabakh

Nagorno Karabakh Republic has a multi-party system. The votes are divided in such a way that the governments fomed are almost always coalitions of various parties.

Elections

Main article: Elections in Nagorno-Karabakh

The Nagorno-Karabakh Republic elects on a national level a president and a parliament. The president is elected for a five term by the people.

The National Assembly (Azgayin Zhoghov) has 33 members, 22 elected for a five year term in single seat constituencies and 11 by proportional representation.

Constitutional referendum

Main article: Nagorno-Karabakh constitutional referendum, 2006

On November 3, 2006, the then President of the Nagorno-Karabakh Republic Arkadi Ghukasyan signed a decree[2] to carry out a referendum on a draft Nagorno-Karabakh constitution, and this was held on 10 December of the same year.[3] According to official preliminary results from December 10, 2006, with a turnout of 87.2%, as many as 98.6 percent of voters approved the constitution.[3] The 142nd article of the document describes the Nagorno-Karabakh Republic as "a sovereign, democratic legal and social state".

However, the European Union, OSCE and GUAM have rejected the referendum.[4] The EU announced it was "aware that a 'constitutional referendum' has taken place," but reiterated that only a negotiated settlement between Azerbaijan and ethnic Armenians can bring a lasting solution.[5]

In a statement, the OSCE chairman in office Karel De Gucht called the vote potentially harmful to the ongoing conflict settlement process, which, he said, has shown "visible progress" and is at a "promising juncture".[3] The outcome was also criticised by Turkey, which traditionally sides with Azerbaijan because of ethnic Turkic roots.[6]

Government Ministries

Nagorno-Karabakh has the following ministries:

  • Minister and Chief of the NKR Staff
  • Ministry of Health
  • Ministry of Justice
  • Ministry of Foreign Affairs
  • Ministry of Agriculture
  • Ministry of Education and Science
  • Ministry of Defense
  • Ministry of Social Welfare
  • Ministry of Culture and Youth Affairs
  • Ministry of Urban Planning
  • Ministry of Finance
  • Ministry of Economic Development

Foreign Relations

Main article: Foreign relations of Nagorno-Karabakh

The Ministry of Foreign Affairs of Nagorno Karabakh Republic is based in Stepanakert. The Nagorno-Karabakh Republic operates five permanent Missions and one Bureau of Social-Politic Information in France. The goals of the offices are to present the Republic's positions on various issues, provide information and to facilitate the peace process. The NKR Permenant Missions exist in the Republic of Armenia, Australia, Russian Federation, United States and Middle East countries (the latter based in Beirut)

Recent developments

  • On June 19th, 2005 parliamentary elections were held in Nagorno-Karabakh. According to international observers the elections were conducted freely and transparently[7].
  • On December 20th, 2006 a referendum was held among the citizens of Nagorno-Karabakh, which voted in favour of a new constitution [1] (see further)
  • The presidental elections of July 17th, 2007 were won by Bako Sahakyan. These elections were by international observers approved to be free and fair elections[8].

Military

Main article: Nagorno-Karabakh Defense Army

The Nagorno-Karabakh (NKR) Defense Army was officially established on May 9, 1992 as the formal defense force of the Nagorno-Karabakh Republic, uniting previously disorganized self-defense units which were formed in the early 1990s in order to defend the ethnic Armenian population of Nagorno-Karabakh from the attacks. Currently Nagorno-Karabakh Defence Army is around 15,000-20,000 well-trained and equipped officers and soldiers. It consists of infantry, tanks, artillery and anti-aircraft systems.

The Army has taken a crucial role in establishing the republic with decisive battles such as Battle of Shusha/Shushi in 1992, the opening of the Lachin corridor between The Republic of Armenia and Nagorno-Karabakh (1992), the defense of the Martakert front from 1992-1994.

The Army of Nagorno-Karabakh is deeply integrated with the Armenian military, Armenia considers any act of aggression against Karabakh as an act of aggression against itself.

Current situation

Map of Nagorno-Karabakh Republic.

Today, Nagorno-Karabakh is a de facto independent state, calling itself the Nagorno-Karabakh Republic. It is closely tied to the Republic of Armenia and uses the same currency, the dram. According to Human Rights Watch, "from the beginning of the Karabakh conflict, Armenia provided aid, weapons, and volunteers. Armenian involvement in Karabakh escalated after a December 1993 Azerbaijani offensive. The Republic of Armenia began sending conscripts and regular Army and Interior Ministry troops to fight in Karabakh."[9] The politics of Armenia and the de-facto Karabakh republic are so intermingled that a former president of the Nagorno-Karabakh Republic, Robert Kocharyan, became first the prime minister (1997) and then the president of Armenia (1998 to 2008).

Still, successive Armenian governments have resisted internal pressure to unite the two, due to ongoing negotiations under the auspices of the OSCE Minsk Group. In his case study of Eurasia, Dov Lynch of the Institute for Security Studies of WEU believes that "Karabakh's independence allows the new Armenian state to avoid the international stigma of aggression, despite the fact that Armenian troops fought in the war between 1991-94 and continue to man the Line of Contact between Karabakh and Azerbaijan." Lynch also cites that the "strength of the Armenian armed forces, and Armenia's strategic alliance with Russia, are seen as key shields protecting the Karabakh state by the authorities in Stepanakert."[10] At present, the mediation process is at a standstill, with the most recent discussions in Rambouillet, France, yielding no agreement. Azerbaijan's position has been that Armenian troops withdraw from all areas of Azerbaijan outside Nagorno-Karabakh, and that all displaced persons be allowed to return to their homes before the status of Karabakh can be discussed.[citation needed] Armenia does not recognize Nagorno-Karabakh as being legally part of Azerbaijan, arguing that because the region declared independence at the same time that Azerbaijan became an independent state, both of them are equally successor states of the Soviet Union.[citation needed] The Armenian government insists that the government of Nagorno-Karabakh be part of any discussions on the region's future, and rejects ceding occupied territory or allowing refugees to return before talks on the region's status.[citation needed]

File:ArtsakhBank in Stepankert.jpg
The central office of Artsakh Bank was opened in 2004 in Stepanakert.

Representatives of Armenia, Azerbaijan, France, Russia and the United States met in Paris and in Key West, Florida, in the Spring of 2001.[11] The details of the talks have remained largely secret, but the parties are reported to have discussed non-hierarchical relationships between the central Azerbaijani government and the Karabakh Armenian authorities.[citation needed] Despite rumours that the parties were close to a solution, the Azerbaijani authorities — both during Heydar Aliyev's period of office, and after the accession of his son Ilham Aliyev in the October 2003 elections — have firmly denied that any agreement was reached in Paris or Key West.

Further talks between the Azerbaijani and Armenian presidents, Ilham Aliyev and Robert Kocharyan, were held in September 2004 in Astana, Kazakhstan, on the sidelines of the Commonwealth of Independent States (CIS) summit. Reportedly, one of the suggestions put forward was the withdrawal of the occupying forces from the Azeri territories adjacent to Nagorno-Karabakh, and holding referendums (plebiscites) in Nagorno-Karabakh and Azerbaijan proper regarding the future status of the region. On February 10 and 11, 2006, Kocharyan and Aliyev met in Rambouillet, France, to discuss the fundamental principles of a settlement to the conflict, including the withdrawal of troops, formation of international peace keeping troops, and the status of Nagorno-Karabakh.[citation needed] During the weeks and days before the talks in France, OSCE Minsk Group co-chairmen expressed cautious optimism that some form of an agreement was possible.[citation needed] French President Jacques Chirac met with both leaders separately and expressed hope that the talks would be fruitful.[citation needed] Contrary to the initial optimism, the Rambouillet talks did not produce any agreement, with key issues such as the status of Nagorno-Karabakh and whether Armenian troops would withdraw from Kalbajar still being contentious.[12]

The latest talks were held at the Polish embassy in Bucharest.[13] Again, American, Russian, and French diplomats attended the talks that lasted over 40 minutes.[14] Earlier, Armenian President Kocharyan announced that he was ready to "continue dialogue with Azerbaijan for the settlement of the Nagorno-Karabakh conflict and with Turkey on establishing relations without any preconditions."[15]

Unfortunately, according to Armenian foreign minister, Vardan Oskanyan, no progress was made at this latest meeting. Both presidents failed to reach a consensus on the issues from the earlier Rambouillet conference. He noted that the Kocharyan-Aliyev meeting was held in a normal atmosphere. "Nevertheless," he added, "the foreign ministers of the two countries are commissioned to continue talks over settlement of the Nagorno-Karabakh conflict and try to find common points before the next meeting of the presidents."[16]

The major disagreement between both sides at the Bucharest conference was the status of Karabakh. Azerbaijan's position was a promise to give Karabakh the "highest status of autonomy adopted in the world."[17] Armenia favored a popular vote by the inhabitants of Karabakh to decide their future, a position that was also taken by the international mediators.[18] The response to the Armenian position from Baku was that of a threat to Azerbaijan's territorial integrity.[citation needed] On June 27, the Armenian foreign minister said both parties agreed to allow the residents of Karabakh to vote regarding the future status of the region.[19] The Azerbaijani Ministry of Foreign Affairs officially refuted that statement.[20] According to Azeri opposition leader Isa Gambar, however, Azerbaijan did indeed agree to the referendum. Still, nothing official has confirmed this yet.[21]

The ongoing "Prague Process" overseen by the OSCE Minsk Group was brought into sharp relief in the summer of 2006 with a series of rare public revelations seemingly designed to jump-start the stalled negotiations. After the release in June of a paper outlining its position, which had until then been carefully guarded, U.S. State Department official Matthew Bryza told Radio Free Europe that the Minsk Group favored a referendum in Karabakh that would determine its final status. The referendum, in the view of the OSCE, should take place not in Azerbaijan as a whole, but in Nagorno-Karabakh only. This was a blow to Azerbaijan, and despite talk that their government might eventually seek a more sympathetic forum for future negotiations, this has not yet happened.[22]

On December 10th, 2007 Azerbaijan's deputy foreign minister said Azerbaijan would be prepared to hold anti-terror operations in Nagorno-Karabakh against alleged bases of the Kurdistan Worker's Party.[23] Armenian Foreign Ministry Spokesperson Vladimir Karapetian previously rejected the allegations as "fabricated" and suggested the accusations of the PKK presence were a form of provocation.[24]

In 2008, Azerbaijani president Ilham Aliyev declared that “Nagorno Karabakh will never be independent; the position is backed by international mediators as well; Armenia has to accept the reality” and that “in 1918, Yerevan was granted to the Armenians. It was a great mistake. The khanate of Iravan was the Azeri territory, the Armenians were guests here”.[25]

International status

File:We Are Our Mountains.jpg
Large monument from tufa of an old Armenian man and woman hewn from rock, representing the mountain people of Karabakh.

The sovereign status of the Nagorno-Karabakh Republic is not recognized by any state, including Armenia. Three United Nations Security Council Resolutions (853, 874, and 884) and United Nations General Assembly resolutions 49/13 and 57/298 refer to Nagorno-Karabakh as a region of Azerbaijan. None of these resolutions were passed under Chapter VII (Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression) of the Charter. Certain politicians and legal scholars have expressed the view that resolutions are only legally binding if they are made under Chapter VII of the Charter. [26][27][28][29][30][31][32][33][34][35][36] According to a report prepared by British parliamentarian and rapporteur David Atkinson, presented to Political Affairs Committee of the Parliamentary Assembly of the Council of Europe (PACE), "the borders of Azerbaijan were internationally recognised at the time of the country being recognised as independent state in 1991," and "the territory of Azerbaijan included the Nagorno-Karabakh region."[37]

The latest resolution, #1416, adopted by PACE, stated that "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." The resolution further stated: "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." Recalling the Resolutions 822, 853, 874, and 884 (all 1993) of the UN Security Council, PACE urged "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 resolution also called 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." [38]

The Council of Europe called on the Nagorno-Karabakh de facto authorities to refrain from staging one-sided "local self-government elections" in Nagorno-Karabakh. "These so-called 'elections' cannot be legitimate," stressed Council of Europe Committee of Ministers' Chairman and Liechtenstein Foreign Minister Ernst Walch, Parliamentary Assembly President Lord Russell-Johnston and Secretary General Walter Schwimmer. They recalled that following the 1991–1994 armed conflict between Armenia and Azerbaijan, a substantial part of the region's population was forced to flee their homes and are still living as displaced persons in those countries or as refugees abroad.[39] This position was reiterated by Walter Schwimmer, Secretary General of the Council of Europe on 4 August 2004 with regard to the next elections, staged in the province, [40] and by the Chair of the Council of Europe’s Committee of Ministers on 12 July 2007 with regard to the presidential elections organised in Nagorno-Karabakh.[41]

The European Union declared that "The European Union confirms its support for the territorial integrity of Azerbaijan, and recalls that it does not recognise the independence of Nagorno Karabakh. The European Union cannot consider legitimate the 'presidential elections' that were scheduled to take place on 11 August 2002 in Nagorno Karabakh".[42] The European Union reiterated this position with regard to the presidential elections, held in the region in 2007.[43]

The US Department of State's annual Country Reports on Human Rights Practices - 2006, released on March 6, 2007 stated that "Armenia continues to occupy the Azerbaijani territory of Nagorno-Karabakh and seven surrounding Azerbaijani territories. During the year incidents along the militarized line of contact separating the sides again resulted in numerous casualties on both sides".[44]

According to an analysis by New England School of Law's Center for International Law & Policy, "Nagorno Karabagh has a right of self-determination, including the attendant right to independence, according to the criteria recognized under international law." As the analysis elaborates, "the principle of self-determination is included in Articles 1, 55, and 73 of the United Nations Charter," and it has been "codified in the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights--which are considered to constitute the international 'Bill of Rights.'" Furthermore, "the right to self-determination has also been repeatedly recognized in a series of resolutions adopted by the U.N. General Assembly, the most important of which is Resolution 2625(XXV) of 1970." As the analysis continues, "the Azerbaijanis argue that political independence for Nagorno Karabagh violates the right of Azerbaijan to territorial integrity. But the claim to territorial integrity can be negated where a state does not conduct itself 'in compliance with the principle of equal rights and self-determination of peoples' and does not allow a subject people 'to pursue their economic, social and cultural development' as required by United Nations General Assembly Resolution 2625(XXV). Moreover, it should be noted that when Azerbaijan declared independence from the Soviet Union, it claimed to be the successor state to the Azerbaijani Republic of 1918-1920.

The League of Nations, however, did not recognize Azerbaijan's inclusion of Nagorno Karabagh within Azerbaijan's claimed territory." The analysis further states that Nagorno Karabakh's secession was in compliance with the existing Soviet law. Following Soviet Azerbaijan's declaration of independence on August 30, 1991, "Nagorno Karabagh initiated the same process through the joint adoption of the 'Declaration of the Republic of Nagorno Karabagh' by the local legislative councils of Nagorno Karabagh and the bordering Armenian-populated Shahumian district. The only difference was that, for Karabagh, independence was declared not from the Soviet Union but from Azerbaijan.

This act fully complied with existing law. Indeed, the 1990 Soviet law titled 'Law of the USSR Concerning the Procedure of Secession of a Soviet Republic from the USSR,' provides that the secession of a Soviet republic from the body of the USSR allows an autonomous region and compactly settled minority regions in the same republic's territory also to trigger its own process of independence." This act, as the analysis continues, was not annulled by the "USSR Constitutional Oversight Committee," as the "declaration was deemed in compliance with the then existing law." Furthermore, "on December 10, 1991, the Nagorno Karabagh Republic held its own referendum on independence in the presence of international observers. The vote overwhelmingly approved Karabagh's sovereignty. This action of Nagorno Karabagh, which at that time was part of a still existent and internationally recognized Soviet Union, corresponded fully with the relevant Soviet law pertaining to leaving the USSR." Finally, on January 6, 1992, the "parliament of Karabagh adopted its Declaration of Independence on the basis of the referendum results."[45]

A background paper prepared by the Directorate General of Political Affairs of the Council of Europe for the seminar "Youth and Conflict Resolution" (Strasbourg, 31 March - 2 April 2003), on the other hand, states, "The Armenian side maintains that the N-K independence referendum was conducted in accordance with the USSR law on the 'Procedure for Solving Issues of Secession of a Soviet Republic from the USSR' of 3 April 1990. Article 3 of this law provided autonomous regions within the Soviet republics with the right to determine independently, by referendum, whether they wished to remain within the USSR or join the republic seceding from the USSR. It would however seem that according to this law N-K would have the choice of two options – to remain within the USSR or to join independent Azerbaijan; N-K independence does not seem possible".[46] According to the article in "The Journal of Conflict Resolution", the Armenian side "justified its claim by Article 70 of the Soviet Constitution, which affirms the right to self-determination of the peoples of the USSR. In fact, this recognition of the principle of self-determination is only part of a general declaratory statement about the nature of the Soviet federation: “The Union of Soviet Socialist Republics is an integral, federal, multi-national state formed on the principle of socialist federalism as a result of the free self-determination of nations and the voluntary association of equal Soviet Socialist Republics. The USSR embodies the state unity of the Soviet people and draws all its nations and nationalities together for the purpose of jointly building communism.” There is no mechanism, other than the right of the union republics to secede (Article 72 of the constitution), through which to express the right of self-determination".[47]

The actual declaration of establishment of the Nagorno Karabakh Republic, issued on September 2, 1991, states that the republic is proclaimed pursuant to the USSR law of secession, and that it "enjoys the authorities given to Republics by the USSR Constitution and legislation and reserves the right to decide independently the issue of its state-legal status based on political consultations and negotiations with the leadership of Union and Republics." The Declaration further states that "the USSR Constitution and legislation, as well as other laws currently in force, which do not contradict the goals and principles of this Declaration and peculiarities of the Republic apply on the territory of the Nagorno Karabakh Republic, until the NKR Constitution and laws are adopted."[48]

However, the Ministry of Foreign Affairs of Azerbaijan states that "according to this Law, in a Union republic containing autonomous republics, autonomous provinces and autonomous regions, the referendum had to be held separately in each autonomous unit, the people of which retained the right to decide independently the question of staying in the USSR or in the seceding Union republic, as well as to raise the question of their own state-legal status. It is important to emphasize that the secession of a Union republic from the USSR could be regarded valid only after the fulfillment of complicated and multi-staged procedure and, finally, the adoption of the relevant decision by the Congress of the USSR People's Deputies. However, until the Soviet Union ceased to exist as international person the mentioned Law was without legal effect, since no Union republic, including Azerbaijan and Armenia, had used the procedure for secession stipulated in it".[49]

The OSCE Minsk Group has allowed the Nagorno-Karabakh Republic (referring to it as the "leadership of Nagorny Karabakh"), as well as Armenia and Azerbaijan, to participate in the peace process as "parties to the conflict," and the Azerbaijani community of the region--as an "interested party". The Chairman of the CSCE Minsk Conference mentioned that "the terms 'party to the conflict' and 'leadership of Nagorny Karabakh' do not imply recognition of any diplomatic or political status under domestic or international law".[50][51] The Azerbaijani community is led by Nizami Bakhmanov, the head of the executive power of Shusha region.

At a recent press conference in Yerevan,Yuri Merzlyakov, the OSCE Minsk Group Russian Co-Chair stated, "At the press conference in Baku I underlined that Nagorno Karabakh was a part of Azerbaijani SSR and not of Azerbaijan. I perfectly know that till 1917 Nagorno Karabakh was a part of the Russian Empire. The history is necessary in order to settle conflicts, but it is necessary to proceed from international law".[52] Meanwhile, on June 10 2007 after US-Azerbaijani security consultations in Washington D.C. with Azerbaijani Deputy Foreign Minister Araz Azimov, Deputy Assistant Secretary of US Department of State, US Co-Chairman of OSCE Minsk group Matthew Bryza in a joint press conference announced: "In the circles of international law there is no universal formula for the supremacy of territorial integrity over the right of self-determination of people.".[53]

Also in 2006, Russia published its 63-volume Great Encyclopedia which described Nagorno-Karabakh as an independent entity that belonged to Armenians historically, in its introduction to the region.[54] Azerbaijan has protested this passage in the Russian encyclopedia. It handed a protest letter to the Russian ambassador to Azerbaijan demanding that the encyclopedia be confiscated and amended.[55]

On 14 March 2008, the United Nations General Assembly passed a non-binding resolution by a vote of 39 to 7, with 100 abstentions, reaffirming Azerbaijan's territorial integrity, expressing support for that country's internationally recognized borders and demanding the immediate withdrawal of all Armenian forces from all occupied territories there. The resolution was supported mainly by members of the OIC and GUAM, both of which Azerbaijan is a member, as well as other nations facing breakaway regions. The resolution was opposed by all three members of the OSCE Minsk Group.[56]

Human rights

Internally displaced Azerbaijanis from Nagorno-Karabakh and the adjacent regions.

The Nagorno Karabakh conflict has resulted in the displacement of 528,000 (this figure does not include new born children of these IDPs) Azerbaijanis from Armenian occupied territories including Nagorno Karabakh, and 220,000 Azeris, 18,000 Kurds and 3,500 Russians fled from Armenia to Azerbaijan from 1988 to 1989. The Azerbaijani government has estimated that 63 percent of internally displaced persons (IDPs) lived below the poverty line as compared to 49% of the total population. About 154,000 lived in the capital, Baku. According to the International Organization for Migration, 40,000 IDPs lived in camps, 60,000 in underground dugout shelters, and 20,000 in railway cars. Forty-thousand IDPs lived in EU-funded settlements and UNHCR provided housing for another 40,000. Another 5,000 IDPs lived in abandoned or rapidly deteriorating schools. Others lived in trains, on roadsides in half-constructed buildings, or in public buildings such as tourist and health facilities. Tens of thousands lived in seven tent camps where poor water supply and sanitation caused gastro-intestinal infections, tuberculosis, and malaria.[57]

The Azerbaijani government has been unwilling to integrate the IDP's into the rest of the population as this could be interpreted as acceptance of the permanent loss of Nagorno-Karabakh.[citation needed] The government required IDPs to register their place of residence in an attempt to better target the limited and largely inadequate national and international assistance due to the Armenian advocated and US imposed restrictions on humanitarian aid to Azerbaijan. Many IDPs were from rural areas and found it difficult to integrate into the urban labor market. Many international humanitarian agencies reduced or ceased assistance for IDPs citing increasing oil revenues of the country.[58] The infant mortality among displaced Azerbaijani children is 3-4 times higher than in the rest of the population. The rate of stillbirth was 88.2 per 1,000 births among the internally displaced people. The majority of the displaced have lived in difficult conditions for more than 13 years.[59]

280,000 persons—virtually all ethnic Armenians who fled Azerbaijan during the 1988–1993 war over the disputed region of Nagorno-Karabakh—were living in refugee-like circumstances in Armenia.[citation needed] Some left the country, principally to Russia. Their children born in Armenia acquire citizenship automatically. Their numbers are thus subject to constant decline due to departure, and de-registration required for naturalization. Of these, about 250,000 fled Azerbaijan-proper (areas outside Nagorno-Karabakh); approximately 30,000 came from Nagorno-Karabakh. All were registered with the government as refugees at year’s end.[60]

Administrative divisions

Main article: Administrative divisions of Nagorno-Karabakh Republic
Map of NKR with each province marked with a number: Shahumyan as 1, Mardakert as 2, Askeran as 3, Martuni as 4, Hadrut as 5 and Shusha as 6 and Qashatagh as 7. Stepanakert not shown.

The Nagorno-Karabakh Republic has eight administrative divisions. Their territories include the five districts of the former Nagorno-Karabakh Autonomous Oblast (NKAO), the Shahumian district in the Azerbaijan SSR which is currently under Azerbaijani control, and the seven rayons around the former NKAO that are under the control of the NKR forces. Following the NKR's declaration of independence, the Azerbaijani government abolished the NKAO and created Azerbaijani rayons in its place. As a result, some of the NKR's divisions correspond with the Azerbaijani rayons, while others have different borders. A comparative table of the current divisions of the Nagorno-Karabakh Republic and the corresponding rayons of Azerbaijan follows:[61]

Nagorno-Karabakh[62] Azerbaijan
# Division Rayon(s) Sahar (city) former NKAO
3 Askeran Khojali, portion of Agdam Khankendi yes
5 Hadrut southern Khojavend, eastern Jabrayil, Fizuli partially
2 Martakert eastern Kalbajar, western Tartar, portion of Agdam partially
4 Martuni northern Khojavend, portion of Agdam partially
7 Qashatagh Lachin, Qubadli, Zangilan, western Jabrayil no
1 Shahumian* southern Goranboy, western Kalbajar Naftalan no
6 Shushi Shusha Shusha yes
8 Stepanakert (city) Khojali yes

The Nagorno-Karabakh Republic claims Shahumian, which was not part of the Nagorno-Karabakh Autonomous Oblast. Representatives from Shahumian declared independence along with Nagorno-Karabakh, and the proclamation of the Nagorno-Karabakh Republic includes the Shahumian region within its borders.[2] Unlike the rest of Nagorno-Karabakh, Shahumian remains under Azerbaijani control.

Additional rayons of Azerbaijan are under Karabakh military control and are now part of the NKR: Lachin, Qubadli, Zangilan, Jabrayil, Kalbajar as well as parts of Agdam and Fizuli. On the other hand, the eastern ends of Martakert and Martuni are under Azerbaijani control, as is the whole of Shahumian.

Demographics

Main article: Demographics of Nagorno-Karabakh

In 2001, the NKR's reported population was 95% Armenian, with the remaining total including Assyrians, Greeks, and Kurds.[63] In March 2007, the local government announced that its population had grown to 138,000. The annual birth rate was recorded at 2,200-2,300 per year, an increase from nearly 1,500 in 1999.

Until 2000, the country's net migration was at a negative.[64] For the first half of 2007, 1,010 births and 659 deaths were reported, with a net emigration of 27.[65]

According to age group: 15,700 (0-6), 25,200 (7-17) 75,800 (18-59) and 21,000 (60+)


Population by province (2006):

The Population of Nagorno-Karabakh Republic [3]:

Year Population (000s) Urban Rural Birth Rate Death Rate NGR Net Immigration
2000 134.4 68.4 66.0 16.6 8.8 7.7 16.1
2001 135.7 68.7 67.0 17.0 7.9 9.1 11.5
2002 136.6 69.3 67.3 16.0 9.1 6.9 4.9
2003 137.0 69.1 67.9 15.0 9.0 6.0 1.3
2004 137.2 69.8 67.4 15.3 9.5 5.8 -2.6
2005 137.7 70.5 67.2 14.6 9.2 5.4 1.7
2006 137.7 70.8 66.9 15.3 9.0 6.3 -3.2

Religion

Ghazanchetots Cathedral

Most of the Armenian population in the Nagorno-Karabakh Republic is Christian and belongs to the Armenian Apostolic Church.

Certain Orthodox Christian and Evangelical Christian denominations also exist; other religions include Judaism.[63]

Ghazanchetsots Cathedral (Սուրբ Ամենափրկիչ Ղազանչեցոց Եկեղեցի in Armenian), also known as the Cathedral of Christ the Savior and the Shushi Cathedral, is an Armenian church located in Shushi, Nagorno-Karabakh. It is the main cathedral and headquarters of the Armenian Apostolic Church's "Diocese of Artsakh"

The Gandzasar monastery ("Գանձասար" in Armenian) is a historical monastery in Artsakh (Nagorno-Karabakh Republic). Another is Dadivank Monastery (Armenian: Դադիվանք) also Khutavank (Armenian: Խութավանք - Monastery on the Hill) that was built between the 9th and 13th century.

Sports

Sports in the Nagorno-Karabakh Republic is organized by the Artsakh Ministry of Culture and Youth.

Football (soccer) remains very popular in Nagorno-Karabakh. Stepanakert has its well-built football stadium. Starting in the 1990s, Karabakh teams started taking part in some Armenian leagues in the Republic of Armenia. There is also interest in other sports.

Karabakh sportsmen also take part with representative teams and athletes in the Pan-Armenian Games organized in the Armenian capital Yerevan.

See also

References

  1. ^ a b "Constitution of the Nagorno-Karabakh Republic. Chapter 1, article 1.2".
  2. ^ Regnum.ru
  3. ^ a b c RadioFreeEurope
  4. ^ ISN.ETHZ.ch
  5. ^ International Herald Tribune
  6. ^ Kavkaz.memo.ru
  7. ^ Report of the Independent American Monitoring Delegation to the July 19, 2007 Presidential Election in Nagorno-Karabakh.
  8. ^ Report of the Independent American Monitoring Delegation to the July 19, 2007 Presidential Election in Nagorno-Karabakh
  9. ^ Human Rights Watch World Report 1995
  10. ^ Institute for Security Studies of WEU. Dov Lynch. Managing separatist states: A Eurasian case study.
  11. ^ U.S. Department of State - Armenia and Azerbaijan: Key West Peace Talks
  12. ^ Karl Rahder, "Nagorno-Karabakh summit ends in failure," ISN Security Watch, 27 Feb, 2006, http://www.isn.ethz.ch/news/sw/details.cfm?id=14904
  13. ^ 'Marathon' talks on Nagorno-Karabakh
  14. ^ Kocharyan-Aliyev Meeting Over in Bucharest
  15. ^ Yerevan Ready to Continue Dialogue with Baku for Karabakh Settlement
  16. ^ No Progress at Kocharyan-Aliyev Meeting in Bucharest
  17. ^ Nagorno-Karabakh FM: Granting Autonomy To Nagorno-Karabakh Is Out Of Baku Competence
  18. ^ U.S. Confirms Vote Option For Karabakh
  19. ^ Armenian, Azeri Leaders ‘Agreed To Karabakh Referendum’
  20. ^ Azerbaijani Foreign Ministry about latest statement of Armenia on Nagorno Karabakh
  21. ^ Isa Gambar: "Baku Gave OK On Referendum In Nagorno-Karabakh"
  22. ^ Karl Rahder, "OSCE bombshell reveals Karabakh position," ISN Security Watch, 7 August, 2006, http://www.isn.ethz.ch/news/sw/details.cfm?id=16482
  23. ^ "Azerbaijan Prepared to Hold Anti-Terror Operations in Nagorno-Karabakh against Placement of Kurdish Gunmen". Trend News Agency. 2007-12-10. Retrieved 2007-12-11. {{cite news}}: Check date values in: |date= (help)
  24. ^ "Vladimir Karapetyan: Allegations of PKK bases in Armenia and NK groundless provocation". Regnum. 2007-12-05. Retrieved 2007-12-11. {{cite news}}: Check date values in: |date= (help)
  25. ^ Azerbaijani president: Armenians are guests in Yerevan, REGNUM News Agency, January 17, 2008
  26. ^ "Additionally it may be noted that the Security Council cannot adopt binding decisions under Chapter VI of the Charter" (De Hoogh, Andre. Obligations Erga Omnes and International Crimes, Martinus Nijhoff Publishers, Jan 1, 1996, p. 371).
  27. ^ "Council recommendations under Chapter VI are generally accepted as not being legally binding". (Magliveras, Konstantinos D. Exclusion from Participation in International Organisations, Martinus Nijhoff Publishers, Jan 1, 1999, p. 113).
  28. ^ "Within the framework of Chapter VI the SC has at its disposal an 'escalation ladder' composed of several 'rungs' of wielding influence on the conflicting parties in order to move them toward a pacific solution... however, the pressure exerted by the Council in the context of this Chapter is restricted to non-binding recommendations". (Neuhold, Hanspeter. "The United Nations System for the Peaceful Settlement of International Disputes", in Cede, Franz & Sucharipa-Behrmann, Lilly. The United Nations, Martinus Nijhoff Publishers, Jan 1, 2001, p. 66).
  29. ^ "The responsibility of the Council with regard to international peace and security is specified in Chapters VI and VII. Chapter VI, entitled 'Pacific Settlements of Disputes', provides for action by the Council in case of international disputes or situations which do not (yet) post a threat to international peace and security. Herein its powers generally confined to making recommendations, the Council can generally not issue binding decisions under Chapter VI". (Schweigman, David. The Authority of the Security Council Under Chapter VII of the UN Charter, Martinus Nijhoff Publishers, Jan 1, 2001, p. 33).
  30. ^ "Under Chapter VI, the Security Council may only make recommendations but not binding decisions on United Nations members". (Wallace-Bruce, Nii Lante. The Settlement of International Disputes, Martinus Nijhoff Publishers, Jan 1, 1998, pp. 47-4 ).
  31. ^ "The UN distinguishes between two sorts of Security Council resolution. Those passed under Chapter Six deal with the peaceful resolution of disputes and entitle the council to make non-binding recommendations. Those under Chapter Seven give the council broad powers to take action, including warlike action, to deal with “threats to the peace, breaches of the peace, or acts of aggression”. Such resolutions, binding on all UN members, were rare during the cold war. But they were used against Iraq after its invasion of Kuwait. None of the resolutions relating to the Israeli-Arab conflict comes under Chapter Seven." Iraq, Israel and the United Nations: Double standards?, The Economist, October 10, 2002.
  32. ^ "There are two sorts of security council resolution: those under 'chapter 6' are non-binding recommendations dealing with the peaceful resolution of disputes; those under 'chapter 7' give the council broad powers, including war, to deal with 'threats to the peace ... or acts of aggression'." Emmott, Bill. If Saddam steps out of line we must go straight to war, The Guardian, November 25, 2002.
  33. ^ "...there is a difference between the Security Council resolutions that Israel breaches (nonbinding recommendations under Chapter 6) and those Iraq broke (enforcement actions under Chapter 7)." Kristof, Nicholas D. Calling the Kettle Black, The New York Times, February 25, 2004.
  34. ^ "There is a hierarchy of resolutions... Chapter 6, under which all resolutions relating to the middle east have been issued, relates to the pacific resolution of disputes. Above that, there are the mandatory chapter 7 resolutions, which impose the clearest possible obligations, usually on a single state rather than on two or three states, which is what chapter 6 is there for. Chapter 7 imposes mandatory obligations on states that are completely out of line with international law and policy, and the United Nations has decided in its charter that the failure to meet those obligations may be met by the use of force." Straw, Jack. House of Commons debates, Hansard, Column 32, September 24, 2002.
  35. ^ "There is another characteristic of these resolutions which deserves a mention, and that is that they are under chapter 7 of the United Nations charter. Chapter 7 has as its heading 'Action with respect to threats to the peace, breaches of the peace, and acts of aggression'. This is the very serious chapter of United Nations rules, regulations, laws and principles, which the United Nations activates when they intend to do something about it. If the United Nations announces under chapter 7 that it intends to do something about a matter and it is not done, that will undermine the authority of the United Nations; that will render it ineffective. There are many other resolutions under other chapters. Resolution 242 gets a bit of a Guernsey here every now and then. Resolution 242 is under chapter 6, not chapter 7. It does not carry the same mandate and authority that chapter 7 carries. Chapter 6 is the United Nations trying to put up resolutions which might help the process of peace and it states matters of principle that are important for the world to take into consideration. Resolution 242 says that Israel should withdraw from territories that it has occupied. It also says that Israel should withdraw to secure and recognised boundaries and that the one is dependent upon the other. Resolution 242 says that, but it is not a chapter 7 resolution." Beazley, Kim, Waiting for blow-back (speech delivered in Parliament on February 4, 2003, The Sydney Morning Herald, February 5, 2003.
  36. ^ "There are several types of resolutions: Chapter 6 resolutions are decisions pursing the Pacific Settlement of Disputes, and put forward Council proposals on negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies, and other peaceful means. Chapter 7 resolutions are decisions for Action with Respect to Threats to the Peace, involving use of force and sanctions, complete or partial interruption of economic relations, rail, sea, air, postal, telegraphic radio and other means of communication and the severance of diplomatic relations. Resolutions passed under Chapter 7 of the Charter are binding on all UN members, who are required to give every assistance to any action taken by the Council, and refrain from giving any assistance to the country against which it is taking enforcement action." Iran dossier crosses the Atlantic: Where to from here? (Microsoft Word document), Greenpeace position paper on Iran.
  37. ^ Mr David Atkinson, United Kingdom, European Democrat Group, (Rapporteur) The conflict over the Nagorno-Karabakh region dealt with by the OSCE Minsk Conference, Parliamentary Assembly of the Council of Europe, 29 November 2004
  38. ^ Resolution 1416: The conflict over the Nagorno-Karabakh region dealt with by the OSCE Minsk Conference adopted by the Parliamentary Assembly of the Council of Europe, 25 January 2005
  39. ^ Council of Europe urges Nagorno-Karabakh to refrain from "elections", Council of Europe, 24 August, 2001
  40. ^ Council of Europe Secretary General on "local self-government elections" in Nagorno-Karabakh, on Concil of Europe website, dated 8 August 2004
  41. ^ Chair of the Council of Europe’s Committee of Ministers: Declaration on the "presidential elections" to be held in Nagorno Karabakh on 19 July 2007
  42. ^ Bulletin EU 7/8-2002: Common foreign and security policy (5/39), European Commission on 27 March 2003
  43. ^ Declaration by the Presidency on behalf of the European Union on "presidential elections" in Nagorno-Karabakh on 19 July 2007
  44. ^ Armenia: Country Reports on Human Rights Practices - 2006 Released by the United States Bureau of Democracy, Human Rights, and Labor 6 March, 2007
  45. ^ The Nagorno-Karabagh Crisis: A Blueprint for Resolution New England Center for International Law & Policy
  46. ^ Mr David Atkinson, United Kingdom, European Democrat Group, (Rapporteur) The conflict over the Nagorno-Karabakh region dealt with by the OSCE Minsk Conference, Parliamentary Assembly of the Council of Europe, 29 November 2004. See the section: AS/POL (2004) 24 Appendix IV 8 September 2004: subsection "The legal side of the dispute"
  47. ^ Niall M. Fraser; Keith W. Hipel; John Jaworsky; Ralph Zuljan. A Conflict Analysis of the Armenian-Azerbaijani Dispute. The Journal of Conflict Resolution, Vol. 34, No. 4. (Dec., 1990), pp. 652-677.
  48. ^ http://www.nkr.am/eng/deklaraciya209.html, Declaration on Proclamation of the Nagorno Karabakh Republic
  49. ^ Ministry of Foreign Affairs of Azerbaijan Republic. Legal aspects of the Nagorny Karabakh conflict
  50. ^ Letter Dated 1 October 1993 from the permanent representative to the Untied Nations addressed to the president of the Security Council(PDF)
  51. ^ Recommendation 1251 (1994)1 on the conflict in Nagorno-Karabakh by the Parliamentary Assembly of the Council of Europe
  52. ^ Yuri Merzlyakov: I have stated in Baku that Karabakh was part of Azeri SSR and not of Azerbaijan
  53. ^ Matthew Bryza: In the circles of international law there is no universal formula for the supremacy of territorial integrity over the right of self-determination of people.
  54. ^ APA
  55. ^ APA
  56. ^ UNO Department of Public Information. General Assembly adopts resolution reaffirming territorial integrity of Azerbaijan, demanding withdrawal of all Armenian forces
  57. ^ Hundreds of thousands of people displaced. Amnesty International. 28 June 2007. Retrieved 20 January 2008
  58. ^ World Refugee Survey: Azerbaijan report 2005
  59. ^ Global IDP Project: Proifle of Internal Displacement: Azerbaijan. May 2003 (as a PDF file)
  60. ^ US Committee for Refugees and Immigrants. World Refugee Survey; Armenia Country Report. 2001.
  61. ^ Azerb.com — Regions
  62. ^ 2005 NKR census (Map of divisions and info on each shown
  63. ^ a b Ethnic composition of the region as provided by the government
  64. ^ Regnum News Agency. Nagorno Karabakh prime minister: We need to have at least 300,000 population. Regnum. March 9, 2007. Retrieved March 9, 2007.
  65. ^ Евразийская панорама

External links

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Media:

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