Masis Mayilian: Adoption of published Basic Principles
contradicts interests of NKR and Armenia
13-07-2009 18:40:00 | Armenia | Politics
YEREVAN, JULY 13, NOYAN TAPAN. The Presidents of Russia,
the U.S. and France adopted a statement on the Nagorno Karabakh
problem on July 10 at the G8 Summit in L'Aquila, Italy. Noyan
Tapan received a commentary by Masis Mayilian, Chairman of
Public Council on Foreign Policy and Security, former Deputy
Foreign Minister of NKR, concerning that statement and the basic
principles of the settlement of the Nagorno Karabakh conflict.
Below is the complete text of the commentary:
"The text of the joint statement on the Nagorno Karabakh
conflict by Russian Federation President Dmitry Medvedev, U.S.
President Barack Obama, and President of France Nicolas Sarkozy
hardly differs from other statements made earlier at various
levels and within the framework of various international
structures in support of the OSCE Minsk process. It is
noteworthy that now the Presidents of the three countries urge
the Armenian and Azerbaijani authorities to finalize their
agreement on concrete principles of settlement that were
published on the official website of the OSCE
(http://www.osce.org/item/38731.html).
We will try to shortly comment upon each principle:
1. Return of territories around Nagorno Karabakh under
Azerbaijan's control
Ceding any territory under NKR's control to Azerbaijan will
mean first of all violation of the NKR's Basic law, the
Constitution, where these territories are fixed. Secondly,
withdrawal of the subdivisions of the NKR army from even part of
the liberated territories will undermine the military and food
security of NKR.
The published principles have even no hint at the return of
more than 1000 sq/m of Karabakh lands occupied by Azerbaijan to
NKR control.
Not territories, but borders between NKR and Azerbaijan
should be spoken about at the negotiations. Only after the
recognition of NKR statehood by Azerbaijan should a bilateral
intergovernmental commission work on delimitation and
demarcation of the state frontiers. It is the international
practice of solving frontier arguments.
2. An interim status for Nagorno Karabakh, providing
security and self-governance guarantees
In reality, this principle means an attempt to limit NKR
sovereignty by casting doubt on its independent status and to
deprive the republic of its own security system. It is the
recognition of NKR independence that would really ensure the
security of NKR and would give Artsakh new possibilities for
maintaining its own security, including with
political-diplomatic means.
3. Corridor between Armenia and Nagorno Karabakh
The land communication between NKR and Armenia was
established in May 1992 and was enlarged during the operations
of 1993. It would be naive to limit the current full-value land
communication of NKR with Armenia to a vulnerable "corridor." It
is noteworthy that this principle is presented as a concession
to the Armenians.
4. Determination of the final legal status of
Nagorno-Karabakh through a legally binding expression of will
The legal status of NKR has already been determined on the
basis of legally binding expression of will on December 10, 1991
and was confirmed by another referendum on adoption of the NKR
Constitution on December 10, 2006. Besides, eight times the
people of NKR have indirectly expressed their adherence to
independent statehood in republican presidential and
parliamentary elections by voting for programs of political
parties and individual candidates, in which the necessity of
international recognition and strengthening of NKR statehood was
mentioned. Thus, over the past 18 years, the citizens of NKR
expressed their support ten times for the independent status of
NKR.
5. Ensuring the right of all internally displaced persons
and refugees to return to places of their former residence
This principle can be discussed by all three sides after
the recognition of NKR independence by Azerbaijan. A positive
moment is the use of the word "all" and not only Azeri refugees.
Yet, it is not understandable who can ensure the rights and
guarantee the security, and how, of hundreds of thousands of
people who may find themselves in the territory of the opposite
side.
6. International guarantees of security, including
peacekeeping operations
In essence, we are suggested replacing our own current
system of military security with an inefficient mechanism of
"the blue helmets." Possible appearance of foreign armed forces
in the territory of NKR, even under the flag of authoritative
international organizations, will immediately result in an
abrupt limitation of the republic's sovereignty. The
circumstance that NKR sovereignty has not yet been recognized by
the international community, and the country is not represented
at the above-mentioned structures, can result in Karabakh's
having no levers of influence on these forces guaranteed by
international law. Under these circumstances, a possible
introduction of peacekeeping forces will radically contradict
our national interests. NKR cannot limit its state sovereignty
without receiving its all-embracing international juridical
recognition.
The passage of a state's direct obligations on maintaining
security, together with concrete territories, to a third side do
not guarantee the strengthening of this very security, and poses
new threats.
Karabakh residents have their own experience of
communicating with the "peacekeepers" of the Soviet period, when
troops sent in late 1980s for keeping the population's security
chronically did not cope with their duties and failed to protect
the Armenian population of the Azerbaijani SSR from massacres
and violence. In 1991, by the order of the USSR leadership,
these very troops banished the Armenian population from some
parts of Artsakh (the Koltso operation). The peacekeeping
operations demonstrated low efficiency in other conflict zones
as well.
For the governments sending peacekeepers to a conflict
region, their interests and the immediate security of these very
peacekeepers will be always more important than the security of
the local population.
The published basic principles, in case of their adoption
and realization, will damage irreparably the national interests
of NKR and the Republic of Armenia. The inadmissibility of the
basic principles of the Nagorno Karabakh conflict settlement has
been fixed in the Resolution of the All-Armenian Conference held
on July 10-11, 2009 in the capital city of NKR. Participants of
the conference from Armenia, Artsakh, and the Diaspora demanded
that the authorities of the Republic of Armenia not sign the
proposed document. Obviously, there is an understanding that
ceding territories to the enemy, in which the Armenian people
has juridical and political, as well as historic rights, will be
a strong moral blow for the Armenian people, which can deprive
them for years of the will of resistance and motivation of
building their own statehood."