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Լեռնային Ղարաբաղի Հանրապետություն Nagorno-Karabakh Republic
Flag
Anthem: Azat u ankakh Artsakh Free and Independent Artsakh
Capital		Stepanakert 39°52′N 46°43′E / 39.867, 46.717
Official languages		Armenian1
Government		Unrecognized
-	President	Bako Sahakyan [1]
-	Prime Minister	Arayik Harutyunyan[2]
Independence		from Azerbaijan
-	Referendum	December 10, 1991
-	Proclaimed	January 6, 1992
-	Recognition	none2
Population
-	March 2007 estimate	138,000 (n/a)
Currency		Dram (Armenian) (AMD)
Time zone		(UTC+4)
-	Summer (DST)	(UTC+5)
Calling code		+374 97
1	The constitution guarantees "the free use of other languages spread among the population."
2	Council on Foreign Relations - Nagorno-Karabakh: The Crisis in the Caucasus

Լեռնային Ղարաբաղ Dağlıq Qarabağ Nagorno-Karabakh
Area
-	Total	4,400 km²  1,699 sq mi

Nagorno-Karabakh is a de facto independent republic located in the South Caucasus, officially part of the Republic of Azerbaijan, about 270 kilometers (170 miles) west of the Azerbaijani capital of Baku, but very close to the border with Armenia.

The predominantly Armenian region became a source of dispute between the republics of Armenia and Azerbaijan when both countries gained independence from the Russian Empire in 1918.^[3] After the Soviet Union expanded into the South Caucasus, it established the Nagorno-Karabakh Autonomous Oblast (NKAO) within the Azerbaijan SSR in 1923. On December 10, 1991, as the Soviet Union was collapsing, a referendum held in the NKAO and the neighboring district of Shahumian resulted in a declaration of independence from Azerbaijan as the Nagorno-Karabakh Republic (NKR), which remains unrecognized by any international organization or country, including Armenia.

In the final years before the dissolution of the Soviet Union, the region was again a source of dispute between Armenia and Azerbaijan, culminating in the Nagorno-Karabakh War. Since the ceasefire in 1994, most of Nagorno-Karabakh and several regions of Azerbaijan around it remain under joint Armenian and NKR Defense Forces control. The parties have been holding peace talks mediated by the OSCE Minsk Group ever since.

Contents 1 Etymology 2 Divisions 3 Geography 4 Demographics 5 History 5.1 Early History 5.2 Soviet era 5.3 War and independence 6 Current situation 6.1 International status 6.2 Human rights 6.3 Constitutional referendum 7 See also 8 References 8.1 Footnotes 9 External links 9.1 Non-partisan sources 9.2 Armenian perspective 9.3 Azerbaijani perspective

[edit] Etymology

The region's names in various languages tend to have the same approximate meaning. The word "Karabakh" originated from Turkic and Persian, literally meaning "black garden."^[4][5] The name first appears in Georgian and Persian sources in the 13th and 14th centuries.^[5] The related term Karabagh is described by the Oxford English Dictionary as being used to denote a kind of patterned rug originally produced in the area, and is an acceptable alternate spelling of Karabakh.

The names for the region in the various local languages all translate to "mountainous Karabakh", or "mountainous black garden":

• Armenian: Լեռնային Ղարաբաղ, transliterated Lernayin Gharabagh
• Azerbaijani: Dağlıq Qarabağ, or Yuxarı Qarabağ (meaning "mountainous Karabakh" or "upper Karabakh")
• Russian: Нагорный Карабах, transliterated Nagornyj Karabah

This is not confined only to the local languages of the region; the name in French is Haut-Karabakh (upper Karabakh), though "Nagorno-Karabakh" was intensively used in the French media in the 1990s.

It is often referred to by the Armenians living in the area as Artsakh (Armenian: Արցախ; Russian: Арцах), designating the 10th province of the ancient Kingdom of Armenia and a province of the Kingdom of Caucasian Albania. In Urartian inscriptions (9th–7th cc BC), the name Urtekhini is used for the region.^[6] Ancient Greek sources called the area Orkhistene.^[7]

[edit] Divisions

The Nagorno-Karabakh Republic has six divisions within it, which correspond with the five districts of the Nagorno-Karabakh Autonomous Oblast (NKAO), and with the Shahumian district in the Azerbaijan SSR. Following the declaration of NKR's independence, the Azerbaijani government passed a decision to abolish NKAO and create Azerbaijani rayons in its place. As a result, some of the NKR's divisions correspond with the Azerbaijani rayons, while others use different borders. A comparative table of the current divisions of the Nagorno-Karabakh Republic and the corresponding rayons of Azerbaijan follows:^[8]

Nagorno-Karabakh division	Azerbaijani rayon
Askeran	Khankendi (city), Khojali
Hadrut	southern Khojavend
Martakert	eastern Kalbajar and western Tartar
Martuni	northern Khojavend
Shahumian*	Naftalan (city), southern Goranboy
Shushi	Shusha (city), Shusha

The Nagorno-Karabakh Republic also 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.[1] Unlike the rest of Nagorno-Karabakh, Shahumian remains under Azerbaijani control.

[edit] Geography

The region has a total area of 4,400 square kilometers (1,699 sq mi) and is surrounded entirely by rayons of Azerbaijan; its nearest point to Armenia is across the Lachin corridor, roughly 4 kilometers across.[2] In 1989, it had a population of 192,000.^[9] The population at that time was mainly Armenian (76%) and Azerbaijanis (23%), with Russian and Kurdish minorities.^[9] The capital is Stepanakert (known in Azerbaijan as Xankəndi, Khankendi). Its other major city, today lying partially in ruins, is Shusha (Armenian: Shushi).

The current borders of Nagorno-Karabakh, established in Soviet times, resemble a kidney bean with the indentation on the east side. It has very tall mountain ridges along the northern edge and along the west, and the south is very mountainous. The part near the indentation of the kidney bean itself is a relatively flat valley, with the two edges of the bean, the provinces of Martakert and Martuni, having flat lands as well. Other flatter valleys exist around the Sarsang reservoir, Hadrut, and the south. Much of Nagorno-Karabakh is forested, especially the mountains.^[10]

The territory of modern Nagorno-Karabakh forms a portion of the historic region of Karabakh, which lies between the rivers Kura, Araxes, and the modern Armenia-Azerbaijan border. In the ancient and medieval times, this larger region consisted of the historic provinces of Artsakh and Utik, which at various times alternated between the kingdoms of Armenia and Caucasian Albania. Beginning with the 13th-14th centuries, the Artsakh-Utik area received the name Karabakh. The eastern portion of Karabakh (roughly corresponding to Utik) lies on a lower and flatter surface, and has traditionally been called Lower Karabakh, while the western, mountainous portion (roughly corresponding to Artsakh) has been referred to as Mountainous, Upper, or High Karabakh. Nagorno Karabakh in its modern borders is part of the larger region of Upper Karabakh.

[edit] Demographics

Nearing the collapse of the Soviet Union, in 1989, the Nagorno-Karabakh Autonomous Oblast boasted a population of 145,593 Armenians (76.4%), 42,871 Azerbaijanis (22.4%),^[11] and several thousand Kurds, Russians, Greeks and Assyrians. Most of the Azerbaijani and Kurdish populations fled the region during the heaviest years of fighting in the war from 1992 to 1993. The main language spoken in Nagorno-Karabakh is Armenian; however Karabakh Armenians speak a dialect of Armenian which is considerably different from that which is spoken in Armenia as it is layered with Russian, Turkish and Persian words.^[3]

In 2001, the NKR's population was 95% Armenian with the remaining total including Assyrians, Greeks, and Kurds.^[12] In March 2007, the republic 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.^[13] For the first half of 2007, 1,010 births and 659 deaths were reported. Net immigration was (-)27. [3]

Most of the Armenian population is Christian and belongs to the Armenian Apostolic Church; however certain Orthodox Christian and Evangelical Christian denominations also exist; other religions also include Judaism.^[12]

[edit] History

[edit] Early History

Main article: History of Nagorno-Karabakh

The region of Nagorno-Karabakh falls within the lands occupied by peoples known to modern archaeologists as the Kura-Araxes culture, who lived between the two rivers bearing those names. Little is known of the ancient history of the region, primarily because of the scarcity of historical sources. At various times in antiquity that are difficult to establish with precision at this time, this area was part of Caucasian Albania, and at others, of Kingdom of Armenia.

Armenians have lived in the Karabakh region since Roman times. In the early Middle Ages the native Albanian population of upper Karabakh merged into the Armenian population, and after 1300 Islamic Turks moved into the steppes of lower Karabakh. ^[14]

In the 7th and 8th centuries, the region was ruled by Caliphate-appointed governors. According to ancient and medieval Armenian sources, the Albanian church was founded by Catholicos Grigor--the head the Armenian Church--in the 4th c. AD. It was later fully absorbed by the Armenian Church.^[15][16] Modern Azeri scholars however maintain an alternate opinion claiming Jerusalemian and Syrian origin of the Albanian church^[17] In the 11th century, the Khachin principality was established in Artsakh. In the 15th century, the territory of Karabakh was part of the states of Kara Koyunlu and then Ak Koyunlu.

In the early 16th century, after the fall of the Ak-Koyunlu state, control of the region passed to the Safavid dynasty of Iran, that created a Ganja-Karabakh province (beglarbekdom, bəylərbəyliyi). Despite these conquests, the population of Upper Karabakh remained largely Armenian.^[18] In the 14th century, a local Armenian leadership emerged, consisting of five noble dynasties led by princes, who held the titles of meliks and were referred to as Khamsa (five in Arabic). Out of those five melikdoms only meliks of Khachen were natives to Karabakh, the other 4 were founded by migrants from other parts of South Caucasus.^[19][20] Initially under the control of the Ganja Khanate of the Persian Empire, the Armenian meliks were granted wide degree of autonomy by the Safavid Empire over Upper Karabakh.

The Armenian meliks maintained control over the region for four centuries, until the mid-18th century.^[18] In the early 18th century, Persia's Nadir shah took Karabakh out of control of Ganja khans in punishment for their support of Safavids, and placed it under his own control^[21][20] At the same time, the Armenian meliks were granted supreme command over neighboring Armenian principalities and Muslim khans in Caucasus, in return for the meliks' victories over the invading Ottoman Turks in 1720s.^[22] In the mid-18th century, as internal conflicts between the meliks led to their weakening,^[18] the Karabakh khanate was formed.^[23]

Karabakh passed to Imperial Russia by the Kurekchay Treaty, signed between the Khan of Karabakh and the Russian Czar in 1805, and later further formalized by the Russo-Persian Treaty of Gulistan in 1813, before the rest of Transcaucasia was incorporated into the Empire in 1828 by the Treaty of Turkmenchay. In 1822, the Karabakh khanate was dissolved, and the area became part of the Elisabethpol Governorate within the Russian Empire. After subjection of Karabakh khanate to Russia, many Muslim families emigrated to Iran, while many Armenians were induced by the Russian government to emigrate from Iran to Karabakh.^[24]

[edit] Soviet era

The present-day conflict over Karabakh has its roots in the decisions made by Joseph Stalin and the Caucasian Bureau (Kavburo) during the Sovietization of Transcaucasia. Stalin at the time was the acting commissar of Nationalities for the Soviet Union during the early 1920s; the branch of which the Kavburo was created under. After the Russian Revolution of 1917, Karabakh became part of the Transcaucasian Federation, but this soon dissolved into separate Armenian, Azerbaijani, and Georgian states. Over the next two years (1918-1920), there were a series of short wars between Azerbaijan and Armenia over Nagorno-Karabakh. In July 1918, the First Armenian Assembly of Nagorno Karabagh declared the region self-governing and created a National Council and government.^[25] Later, Ottoman troops entered Karabakh, meeting armed resistance by Armenians.

After the defeat of Ottoman empire in the World War I, the British troops occupied Karabakh.^[18] The British command provisionally affirmed Khosrov bey Sultanov (appointed by the Azerbaijani government) as the governor-general of Karabakh and Zangezur, pending final decision by the Paris Peace Conference.^[26] The decision was opposed by Karabakh Armenians. In February 1920, the Karabakh National Council preliminarily agreed to Azerbaijani jurisdiction, while Armenians elsewhere in Karabakh continued the guerrilla fighting, never accepting the agreement.^[27][18] The agreement itself was soon annulled by the Ninth Karabagh Assembly, which declared union with Armenia in April.^[28][29][18]

In April of 1920, while the Azerbaijani army was locked in Karabakh fighting local Armenian forces, Azerbaijan was taken over by Bolsheviks.^[18] Subsequently, the disputed areas of Karabakh, Zangezur, and Nakhchivan came under the control of Armenia.^{[citation needed]} During July and August, however, the Red Army occupied Karabakh, Zangezur, and part of Nakhchivan.^{[citation needed]} On August 10, 1920, Armenia signed a preliminary agreement with the Bolsheviks, agreeing to a temporary Bolshevik occupation of these areas until final settlement would be reached.^[30] In 1921, Armenia and Georgia were also taken over by the Bolsheviks who, in order to attract public support, promised they would allot Karabakh to Armenia, along with Nakhchivan and Zangezur (a strip separating Nakhchivan from Azerbaijan proper). However, Moscow also had far-reaching plans concerning Turkey -- hoping that it would, with a little help from Russia, develop along Communist lines. Needing to placate Turkey, Moscow agreed to a division under which Zangezur would fall under the control of Armenia, while Karabakh and Nakhchivan would be under the control of Azerbaijan. Had this not been the case, Stalin would have left it under Armenian control.^[31] As a result, the Nagorno-Karabakh Autonomous Oblast was established within the Azerbaijan SSR on July 7, 1923.

With the beginning of the dissolution of the Soviet Union in the late 1980s and early 1990s, the question of Nagorno-Karabakh re-emerged. Accusing the Soviet Azerbaijani government in conducting forced Azerification of the region, the majority Armenian population, with ideological and material support from Armenia, started a movement to transfer it to Armenia.

[edit] War and independence

On February 20, 1988, Armenian deputies to the National Council of Nagorno-Karabakh voted to unify that region with Armenia. On February 24, 1988, a direct confrontation between Azerbaijanis and Armenians near Askeran (in Nagorno-Karabakh, on the road between Stepanakert and Agdam) degenerated into a skirmish.^[3] Large numbers of refugees left Armenia and Azerbaijan as violence began, most notably after the Sumgait pogrom, against the minority populations of the respective countries.^[32] In the fall of 1989, intensified inter-ethnic conflict in and around Nagorno-Karabakh led Moscow to grant Azerbaijani authorities greater leeway in controlling that region.^{[citation needed]} The Soviet policy backfired, however, when a joint session of the Armenian Supreme Soviet and the National Council, the legislative body of Nagorno-Karabakh, proclaimed the unification of Nagorno-Karabakh with Armenia.^{[citation needed]}

On December 10, 1991 in a referendum boycotted by local Azerbaijanis,^[3] Armenians in Nagorno-Karabakh approved the creation of an independent state. A Soviet proposal for enhanced autonomy for Nagorno-Karabakh within Azerbaijan satisfied neither side, and a ground war subsequently erupted between Armenia and Azerbaijan.

The struggle over Nagorno-Karabakh escalated after both Armenia and Azerbaijan attained independence from the Soviet Union in 1991. In the post-Soviet power vacuum, military action between Azerbaijan and Armenia was heavily influenced by the Russian military. Furthermore, both Armenian and Azerbajani military employed a large number of mercenaries from Ukraine and Russia.^[11] As many as one thousand Afghan mojahedeens participated in the fighting on Azerbaijan's side.^[3] There were also fighters from Chechnya fighting on the side of Azerbaijan.^[3]

By the end of 1993, the conflict had caused thousands of casualties and created hundreds of thousands of refugees on both sides. By May 1994 the Armenians were in control of 14% of the territory of Azerbaijan. At that stage the Government of Azerbaijan for the first time during the entire duration of the conflict recognised Nagorno-Karabakh as a third party of the war and started direct negotiations with the Karabakhi authorities.^{[citation needed]} As a result, an unofficial cease-fire was reached on May 12, 1994, through Russian negotiation, and continues today.

Armenians feared that in Karabakh, Armenians would one day be a minority as they were in Nakhichevan, another lost part of historic Armenia ... yet now part of Azerbaijan.^[33]

[edit] Current situation

Today, Nagorno-Karabakh is a de facto independent state, calling itself the Nagorno-Karabakh Republic.^[4] 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."^[34] 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 the present).

Still, successive Armenian governments have resisted internal pressure to unite the two, fearing reprisals from Azerbaijan and from the international community, which still considers Nagorno-Karabakh part of Azerbaijan.^{[citation needed]} 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."^[35] 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 prior to talks on the region's status.^{[citation needed]}

Representatives of Armenia, Azerbaijan, France, Russia and the United States met in Paris and in Key West, Florida, in the Spring of 2001.^[36] 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.^[37]

The latest talks were held at the Polish embassy in Bucharest, Romania.^[38] Again, American, Russian, and French diplomats attended the talks that lasted over 40 minutes.^[39] 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."^[40]

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."^[41]

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."^[42] Armenia favored a popular vote by the inhabitants of Karabakh to decide their future, a position that was also taken by the international mediators.^[43] 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.^[44] The Azerbaijani Ministry of Foreign Affairs officially refuted that statement.^[45] According to Azeri opposition leader Isa Gambar, however, Azerbaijan did indeed agree to the referendum. Still, nothing official has confirmed this yet.^[46]

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 negoltiations, this has not yet happened.^[47]

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.^[48] 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.^[49]

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.^[50] 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.^[51]

[edit] International status

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. 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."^[52]

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." ^[53]

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.^[54] 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, ^[55] 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.^[56]

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".^[57] The European Union reiterated this position with regard to the presidential elections, held in the region in 2007.^[58]

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".^[59]

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."^[60]

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".^[61]

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".^[62]

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."^[63]

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".^[64]

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".^[65][66] 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".^[67] 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.".^[68]

[edit] Human rights

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.^[3] 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.^{[citation needed]}

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.^{[citations 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.^[69] 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.^[70]

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.^{[citations 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, which is in Azerbaijan but controlled by Armenians. All were registered with the government as refugees at year’s end.^[71]

[edit] Constitutional referendum

Main article: Nagorno-Karabakh constitutional referendum, 2006

On November 3, 2006 Arkadi Ghukasyan signed a decree^[72] to carry out a referendum on a draft Nagorno-Karabakh constitution, and this was held on 10 December of the same year.^[73] According to official preliminary results from December 10, as many as 98.6 percent of voters approved the constitution.^[73] 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 rejected the referendum.^[74] 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.^[75] 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".^[73] The outcome was also criticised by Turkey, which traditionally sides with Azerbaijan because of common Islamic faith and ethnic Turkic roots.^[76]

[edit] See also

• Artsakh
• Janapar - the hiking trail across Karabakh
• Nagorno-Karabakh Defense Army
• Landmine situation in Nagorno Karabakh

[edit] References

[edit] Footnotes

[edit] External links

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[edit] Non-partisan sources

• Article on the Dec. 10 Referendum from Russia Profile
• http://news.bbc.co.uk/1/hi/world/europe/country_profiles/3658938.stm Regions and territories: Nagorno-Karabakh] from the BBC
• Conciliation Resources - Accord issue: The limits of leadership - Elites and societies in the Nagorny Karabakh peace process also key texts & agreements and chronology (in English & Russian)
• COE — "The conflict over the Nagorno-Karabakh region dealt with by the OSCE Minsk Conference" Report by rapporteur David Atkinson presented to Political Affairs Committee of the Parliamentary Assembly of the Council of Europe
• USIP — Sovereignty after Empire Self-Determination Movements in the Former Soviet Union. Case Studies: Nagorno-Karabakh. by Galina Starovoitova, Publication of the United States Institute of Peace (USIP)
• USIP — Nagorno-Karabakh Searching for a Solution: Key points, by Patricia Carley, Publication of the United States Institute of Peace (USIP)
• Interview with Thomas De Waal
• Radio Free Europe / Radio Liberty. Nagorno-Karabakh: Timeline Of The Long Road To Peace
• All UN Security Council resolutions on Nagorno-Karabakh, courtesy U.S. State department
• Resolution #1416 from the Parliamentary Assembly of the Council of Europe

[edit] Armenian perspective

• Official site of the Nagorno-Karabakh government
• Official site of the Nagorno-Karabakh Republic Ministry of Foreign Affairs
• NKR Office in Washington, DC
• "Azat Artsakh" Daily Newspaper in Nagorno-Karabakh
• Articles about Nagorno Karabakh pub.1987-95 (1)
• Articles about Nagorno Karabakh pub.1987-95 (2)

[edit] Azerbaijani perspective

• Ministry of Foreign Affairs of Azerbaijan republic
• Artsakh.com
• Karabakh.org
• Karabakh.co.uk

v • d • e Nagorno-Karabakh Conflict
History	Locations	Political leaders	Military leaders	Foreign involvement
Origins History of Nagorno-Karabakh (1918-1923) Soviet era Dissolution of the USSR Askeran clash Sumgait pogrom Kirovabad pogrom Baku pogrom Black January Nagorno-Karabakh War Operation Ring Khojaly Massacre Maraghar Massacre Capture of Shusha Mardakert and Martuni Offensives 1993 Summer Offensives Battle of Kelbajar Recent developments Current situation 2008 Mardakert skirmishes 1 Involvement in the War Disputed 2 Unrecognized	Nagorno-Karabakh, North Mardakert Shahumian Tartar Nagorno-Karabakh, Central Askeran Khojaly Stepanakert Nagorno-Karabakh, South Hadrut Khojavend Shusha Martuni Rayons of Azerbaijan under Armenian control Kalbajar Agdam Fizuli Lachin Zangilan Qubadli Jabrayil	Armenia1 Levon Ter-Petrossian Robert Kocharyan Serzh Sargsyan  Azerbaijan Heydar Aliyev Ayaz Mütallibov Abülfaz Elçibay Yagub Mammadov Isa Gambar Ilham Aliyev Nagorno-Karabakh Republic2 Robert Kocharyan Arkadi Ghukasyan Bako Sahakyan  Russia Boris Yeltsin  Soviet Union Mikhail Gorbachev  Turkey Turgut Özal	Armenia Hemayag Haroyan Vazgen Sargsyan Monte Melkonian  Azerbaijan Isgandar Hamidov Surat Huseynov Rahim Gaziyev Chechnya Shamil Basayev Nagorno-Karabakh Republic Samvel Babayan Arkadi Ter-Tadevosyan  Russia Pavel Grachev	Military aid to Armenia and Nagorno-Karabakh Republic  Russia Military aid to Azerbaijan  Afghanistan  Israel  Pakistan  Russia  Turkey Conflict mediation  Iran (1992) OSCE (1994-Present)  France  Russia  United States

v • d • e Non-sovereign territories of Europe Dependent territories and autonomous regions Adjara (Georgia) · Akrotiri and Dhekelia1 (UK) · Åland (Finland) · Azores (Portugal) · Canary Islands1 (Spain) · Ceuta1 (Spain) · Corsica (France) · Crimea (Ukraine) · Faroe Islands (Denmark) · Friuli-Venezia Giulia (Italy) · Gagauzia (Moldova) · Gibraltar (UK) · Greenland1 (Denmark) · Guernsey (UK) · Jersey (UK) · Madeira1 (Portugal) · Man, Isle of (UK) · Melilla1 (Spain) · Mount Athos (Greece) · Nakhchivan1 (Azerbaijan) · Sardinia (Italy) · Sicily (Italy) · Trentino-Alto Adige (Italy) · Valle d'Aosta (Italy) Unrecognized republics, territories, or regions Abkhazia (Georgia) · Kosovo (Serbia)2 · Nagorno-Karabakh (Azerbaijan)1 · South Ossetia (Georgia) · Transnistria (Moldova) · Northern Cyprus (Cyprus)1, 3 1 Entirely on another continent but having sociopolitical connections with Europe. 2 Recognized by a limited number of states. 3 Recognized only by Turkey.