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PP RUEHWEB

DE RUEHYE #0227/01 0451220
ZNR UUUUU ZZH
P 141220Z FEB 06
FM AMEMBASSY YEREVAN
TO RUEHC/SECSTATE WASHDC PRIORITY 2449
INFO RUEHKB/AMEMBASSY BAKU PRIORITY 0784
RUEHMO/AMEMBASSY MOSCOW PRIORITY 1007
RUEHFR/AMEMBASSY PARIS PRIORITY 0276
RUEHVEN/USMISSION USOSCE PRIORITY 0415

UNCLAS YEREVAN 000227 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR EUR/CARC, EUR/SNEC 
 
E.O. 12958: N/A 
TAGS: PREL PGOV AJ AM
SUBJECT: FULL TEXT OF NATIONAL ASSEMBLY REPORT ON N-K 
 
REF: YEREVAN 189 
 
¶1. (SBU) The National Assembly's Committee on Foreign 
Relations released its report on the March 29-30, 2005 
hearings on the "Nagorno Karabakh Problem:  Settlement Ways" 
(original in English).  Although at this late date the report 
itself is not likely to inform Armenian public opinion, its 
release (reftel) comes at a time when public interest in the 
possibility of a resolution of the conflict is running high. 
The full report follows below.  Begin Text: 
 
It's necessary to keep a conceptualized approach for 
implementation of solution of the Nagorno Karabakh problem 
and the conflict settlement completely coincided with 
security demands and interests of Armenia and Karabakh as 
well as of all the Armenians. 
 
Main elements of that approach must clearly present the 
principle being the basis for the conception, the result 
pointing out its goal and the strategy corresponding to that 
principle and goal. 
 
¶A. Principle 
 
Unreserved and unlimited usage of the right to 
self-determination, as a principle towards the people of 
Nagorno Karabakh must become the basis for solution of the 
Nagorno Karabakh problem and settlement of the conflict. 
 
Such an applicability of the right to self-determination is 
strengthened and secured by the following arguments: 
 
By the self-determination component: Nagorno Karabakh 
constituted itself in the legal way, completely corresponding 
to the international standards and laws acting at the moment. 
 
By the territorial component: the people of Nagorno Karabakh 
constituted itself on the own territories which have never 
been in the competence of independent Azerbaijan. 
 
By the human rights component: committing violence upon the 
people considered just its citizens, Azerbaijan may not 
undertake mission of the guardian towards that people. 
 
By factually existing political reality: there are all 
necessary characterizations of democratic state in Nagorno 
Karabakh: development of civil society, separation of the 
three main branches of the authorities and usage of 
mechanisms of control and contrapositions, introduction of 
the institute of equal and free elections held periodically 
and at all levels of state authorities, formation of 
Ombudsperson's institutions as well as capacity to improve 
authority bodies, to implement productive state governance, 
to develop international relations and to defend its borders. 
 
The principle of applicability of the right to 
self-determination has no alternative what is reasoned by 
factors proving impossibility of applicability of the 
principle of Azerbaijan's territorial entity by involvement 
of Nagorno Karabakh. Those factors are the following: 
 
a) The principle of territorial entity may not be used 
towards a territory which has never belonged to the free 
Azerbaijan state: 
 
b) the present Republic of Azerbaijan doesn't rule, excluding 
when providing by the USSR formation and existence, the right 
of the former Azerbaijan SSR towards Nagorno Karabakh. First 
of all, as two independent and equal in rights states, the 
Republic of Nagorno Karabakh and the Republic of Azerbaijan, 
were created on the territory of Azerbaijan SSR in the period 
of the acting legislation's functioning, and relations of 
administrative-political dependence of the NKR people, 
territory and authorities on both later dissoluted Azerbaijan 
SSR and USSR were stopped in a legal and proper way. The 
second, Azerbaijan itself first by the declaration of 
re-establishing its independence, then by the constitutional 
act on the state independence declared its statehood within 
the 1918 borders, by this considering invalid the Nagorno 
Karabakh annexation to Azerbaijan while the USSR existence. 
 
c) Azerbaijan may not have the right to keep the Nagorno 
Karabakh people under its subjection because of its 
incapability to implement respect of the human rights and 
rights of ethnic minorities, security of interracial peace, 
effective governmental by principles of democracy. 
Particularly, the Autonomous Republic of Nakhijevan populated 
with thousands of Armenians has been set free of Armenians by 
the policy of ethnic suppressions for dozens of years. The 
initial territories of the Autonomous Region of Nagorno 
Karabakh became smaller and reduced in conditions of 
connivance of the Soviet authorities. The Sumgayin crime and 
other massacres in different settlements of Azerbaijan were 
organized in response to civilized and legal demands of the 
Nagorno Karabakh people, the autonomous formation was 
dissoluted and an expansive war against the Karabakh people 
got unruly. 
 
¶B. Goal 
 
Solution of the Nagorno Karabakh problem and result of the 
conflict settlement must be complete implementation of the 
right of Nagorno Karabakh people to self-determination. This 
may take place at two levels: respect of the right of the 
Nagorno Karabakh people to self-determination by the 
international community or signing of a complete peace 
agreement based on respect of the right to free 
self-determination which must contain clear solutions of 
issues concerning the status of the Republic of Nagorno 
Karabakh, necessary and enough security guarantees, refugees 
and territories and affirm the status of Armenia as the 
guarantor of security and independence of the Republic of 
Nagorno Karabakh. 
 
But this approach may not bring to definition of the highest 
level of autonomy within the Azerbaijan structure in any way, 
as the principle of securing rights of national minorities on 
the territory of metropolis is in its basis. Whilemean the 
Republic of Azerbaijan has never been a metropolis for the 
Nagorno Karabakh people, so the Armenians of Karabakh may not 
be considered a "minority" on their own territory. 
 
¶C. Strategy 
 
The strategy of the problem solution and the conflict 
settlement must, from one side, based on defined principles, 
gives reasons to for them, from the other side, keeping 
independence the pointed out goal, provides its 
implementation. 
 
At any stage of the conflict extension the strategy of the 
Armenian side must be implemented by respecting norms of the 
international right and adopted rules and secure 
corresponding counteraction to the opposing strategy of the 
Azerbaijan side. 
 
The priority of solution of issues of the Nagorno Karabakh 
status and providing security guarantees defined on respect 
of the right to self-determination must be the leading idea 
in the strategy. 
 
The status issue was and remains the main issue of the 
conflict, its main subject. The status must express utmost 
correctly and completely the historic, legal and political 
realities of the problem and take into account the character 
and quality of relations existing between the conflicting 
sides. Consequently, the productivity of the peace process is 
directly connected with solution of just this issue. 
 
Problems connected with the security guarantees and status 
are mutually provided, and this tie is direct. Both factual 
security of safety and de jure guarantees given by 
international standards and defined by fixing the 
corresponding status have an important role in the general 
balance of safety guarantees. One may not completely secure 
the necessary safety without the other. The total volume of 
those guarantees must completely correspond to outer danger 
and be the most important factor preventing re-start of a new 
war. 
 
Having a goal to secure this minimal volume, it's necessary 
to defend consequently in the negotiation process the 
following principles: 
 
- Exclusion of subjection of Nagorno Karabakh to Azerbaijan; 
 
- Exclusion of enclave state of Nagorno Karabakh and presence 
of a land safe and secured border with Armenia; 
 
- Guarantee of safety of the Nagorno Karabakh people; 
 
- Securing of international guarantees for participation of 
Nagorno Karabakh in world progressive processes; 
 
- Providing of a corresponding compensation of material and 
moral damages, including loss of the Fatherland, of the 
Armenians of Azerbaijan. 
 
¶1. Reasons necessary for directing the conflict settlement 
process. 
 
The Karabakh conflict is an ethno-political one by its 
character. This may not be completely settled without 
solution of the status issue. A settlement taking into 
account that circumstance is able to bring to the problem 
solution as well, irrespective of its implementation way. 
 
Elements subject to the conflict settlement are mutually 
connected, make a complete package and the solution of one of 
them is provided by the other's solution. Connection of the 
conflict elements and security of completeness of the safety 
guarantees demand to get a package agreement. 
 
Affirmation of the Armenian control towards the territories 
being the NKR security zone is a consequence of removing back 
of the armed aggression of got unruly Azerbaijan against the 
Nagorno Karabakh created in a legal and proper way, 
prevention of similar aggressive activities in future and, 
according to Article 51 of the UN Regulations, organized 
legal self-protection of the Nagorno Karabakh inhabitation 
for that purpose. 
 
But Azerbaijan, by putting on another side the responsibility 
for consequences of the war got unruly just by itself, 
attempts to get exclusive rights to present a territorial 
demand and to predestine solution of the refugees' problem. 
 
The problem of territories and refugees makes an indivisible 
part of the complete package, relates to interests of all 
sides of the conflict and is in the property of mutual 
demands. 
 
Not respecting the right of the Nagorno Karabakh people to 
self-determination unjustly brought to not respecting the 
fundamental rights and freedoms of people living in the 
Republic of Nagorno Karabakh. Moreover, the human rights 
aren't at present under the international defense any more 
and continued to be violated just for reason that they live 
in a state not recognized internationally. 
 
The circumstance of the state's not being recognized may not 
in any way become a justification for violation of those 
vital rights and freedoms. 
 
A stable, progressive development of the country towards a 
democratic, legal modern state formed on bases of the 
international standards of the human rights and freedoms of 
respect has a pivotal meaning for the NKR international 
recognition. 
 
Conflicts differ by particularities characteristic for them, 
so settlement of conflicts must be implemented by separating 
them. A common key for solution of conflicts of all these 
types can not be found. Conflicts' identification 
artificially increases the meaning of political, propaganda 
elements, obliges to make a non proper solution corresponding 
to the contents and essence of the given conflict, makes 
solution of a concrete conflict dependence on solution of 
unsolved conflicts, in this way making settlement of the 
given conflict even more difficult. 
 
Formation and widening of a common circle of interests 
between the conflict sides is an important stimulus for 
settlement of the Karabakh conflict. The best way to reach 
this is encouraging and implementation of the regional 
cooperation. 
 
Processes of the conflict settlement and establishing 
regional cooperation must go on in parallel. "No type of 
cooperation before the conflict solution" Azerbaijan 
resolution doesn't only assist creation of an atmosphere of 
mutual confidence between the sides, but, in essence, keeps 
the enmity and danger to re-start the war. 
 
¶2. Factors stimulating affectivity of the negotiation process. 
 
The conflict settlement has only one safe and acceptable way. 
This is a productive implementation of peaceful, completely 
corresponding to international relations negotiations taking 
to solution of the problem. Any other way or negotiation 
process takes to a deadlock postponing the conflict 
settlement for an indefinite time, or to a new war. 
 
For securing completeness and productiveness of the 
negotiations, all sides of the conflict must first of all 
know each other as negotiation sides and, corresponding to 
this, secure everybody's complete participation in the 
negotiation process. 
 
Providing of a complete participation of Nagorno Karabakh as 
a negotiation side equal in rights is an unavoidable 
condition for holding productive and complete negotiations. 
 
Azerbaijan's not recognizing Nagorno Karabakh as a side, in 
essence, means a refusal both of problem solution and, by 
creating an illusion of the negotiation process, of real 
negotiations. 
 
It's completely obvious that the Nagorno Karabakh people's 
inseparable and exclusive right is agree issues connected 
with especially the status and securing the necessary volume 
of security guarantees by its legal representatives in the 
negotiation process. 
 
It's an issue of most importance to implement the negotiation 
process by correctly keeping the real place and role of every 
side in the conflict. 
 
It's necessary to define clearly, that: 
 
a) Nagorno Karabakh is a main and independent side of the 
conflict. 
 
b) Armenia is side involved in the Karabakh-Azerbaijan 
conflict because of the long-lasting aggression used by 
Azerbaijan towards Armenia and the Republic of Nagorno 
Karabakh and is guarantor of implementation of the right of 
the Nagorno Karabakh people's to self-determination. 
 
Because of Nagorno Karabakh's not being yet internationally 
recognized, Armenia represents the NKR in different 
international instances and protect its interests but may not 
completely take its place. 
 
So, respecting of the right of the Nagorno Karabakh people to 
self-determination and acception of the circumstance of 
Armenia's being a guarantor for a complete implementation of 
that right will give real possibilities to hold real 
productive negotiations bringing to the conflict settlement. 
End Text. 
EVANS