The undersigned civil society organizations and human rights defender express their deep concern regarding the methods and pace of border delimitation and demarcation processes between the Republic of Armenia and the Republic of Azerbaijan taking place in the Tavush marz in recent days.
It is undeniable that the delimitation process between the two states is important, however it must be carried out in strict compliance with the principles of international law and the requirements of the national legislation of the Republic of Armenia.
First, according to the statement of the Armenian Prime Minister, the border delimitation is carried out under a clear threat of aggression against the Republic of Armenia. This itself already gives a ground to state that the border delimitation and demarcation are not carried out on the basis of international law.
Real and stable peace in the region can be achieved only by refraining from the use of force and a threat of the use of force. Meanwhile, Azerbaijan has not taken any real and effective steps to withdraw its armed forces from the territories occupied as a result of the attacks against the Republic of Armenia and the invasion to its sovereign territory (both attacks in the 1990s and 2021-2022).
According to the statements of the representatives of the executive power of the Republic of Armenia, the border demarcation processes are carried out based on the principle of converting administrative borders existing during the Union of Soviet Socialist Republics (USSR) into a state border, in line with the principle of uti possidetis. At the same time, few days ago the Minister of Foreign Affairs of the Republic of Armenia once again confirmed that the Republic of Azerbaijan avoids explicitly confirming that it would be guided by the administrative borders inherited from the USSR and be the successor of those borders. A legitimate demarcation cannot take place given: a) the absence of a written agreement on the cornerstone principles of border succession, whether administrative or state, b) taking into account that the declaration of independence of the Republic of Azerbaijan declares it to be the successor of the First Republic, which creates the basis for territorial claims from Armenia, c) military attacks against the territory of the Republic of Armenia, and d) in light of actively promoted narratives representing the territory of the Republic of Armenia as Western Azerbaijan.
Moreover, the demarcation fails to ensure the due legal processes provided by the legislation of the Republic of Armenia, but is carried out on the basis of the agreement of the demarcation commissions. The commissions do not have a clear and approved scope of powers and standard operating procedures yet, therefore, this cannot be considered a legitimate process under the Constitution of the Republic of Armenia and other legal acts.
Delimitation carried out this way is not in line with the national legislation of the Republic of Armenia and the approaches adopted by the government regarding the demarcation of the state border between the Republic of Armenia and the Republic of Georgia. In particular, according to the position of the Ministry of Foreign Affairs of the Republic of Armenia, “Unless there is an agreement on the entire outline of the demarcation that is approved by the parliaments, the agreed parts are not considered to be finally agreed.”
Moreover, the Law of the Republic of Armenia “On the State Border” requires that the Republic of Armenia is guided by the following principles when determining and changing the state border, regulating relations with bordering states, as well as in border regions and international communication channels:
a) protection of the territorial integrity of the Republic of Armenia,
b) ensuring the security of the Republic of Armenia and the fulfillment of the international obligations undertaken by the Republic of Armenia,
c) multilateral mutually beneficial cooperation with foreign states,
d) peaceful resolution of border issues.
The ongoing demarcation processes are not based on the protection of the territorial integrity of the Republic of Armenia, as the de-occupation of the territory of the Republic of Armenia is not part of the agreements, and it is carried out under the threat of the use of force. The security of the Republic of Armenia, as well as the protection of the rights and legitimate interests of the citizens of the Republic of Armenia provided by the Constitution of the Republic of Armenia and international obligations, are not ensured.
Ensuring the rights and security of citizens living in the border areas of the Republic of Armenia is an imperative.
The head of the Armenian government stated that according to an agreement, border guard troops of the states would be stationed on both sides of the demarcated border.
Taking into account the repeatedly documented anti-Armenian policy of Azerbaijan, including by the international organizations, and its continuous promotion, including among children through education in educational institutions, the war crimes committed by the Azerbaijani armed forces against Armenians in recent years, such as the killing of civilians, including beheadings and executions, torture, directly targeting, continuous destruction of Armenian cultural heritage and elimination of traces of Armenian identity, forced displacement of the entire population of Artsakh from the homeland, and the absolute impunity for all horrific crimes committed, deployment of Azerbaijani forces, including border guards, in the immediate vicinity of the vital areas of the civilian population creates serious and real security risks.
The undersigned human rights organizations have documented many instances of alleged war crimes committed by the very same border guard troops of Azerbaijan during the war waged by the Republic of Azerbaijan against the Republic of Nagorno-Karabakh since September 27, 2020, including the killing of prisoners of war, mutilation of corpses, torture, and a group of Armenian servicemen is still considered missing after coming under the control of border guard troops.
Moreover, since 2020, the illegal actions and crimes committed by the Azerbaijani troops against the residents of the Syunik region of the Republic of Armenia, including the deliberate shooting at villages and houses, the last one on April 9, 2024, instances of targeting civil population, stealing the cattle, blocking the Goris-Kapan Road, threatening persons driving along the road, including children, and other security threats suggest the real possibility of the same situation repeating itself in Tavush Marz, given that Armenia-Georgia interstate road will pass through the alleged Azerbaijani territories. The Azerbaijani troops will be deployed directly next to the houses of the civilian population, the vital infrastructures, the schools will be under the direct fire range of the Azerbaijani armed forces, including, for example, the school in the village of Kirants, that will be only 70 meters away from the alleged Azerbaijani border. As a result of the demarcation, the property of a number of citizens, including houses and land will be located in the alleged Azerbaijani territory or immediately adjacent to the border, making it impossible to use the property.
The authorities of the Republic of Armenia, including the Prime Minister, do not rule out the possibility of other threats and the use of military force by Azerbaijan even after the border demarcation. In such a case, the application of international law, existing practices and principles in the delimitation and demarcation process becomes an imperative.
At the same time, under the conditions of the impossibility of using the interstate road, the residents of Kirants, Voskepar and Kayan villages will face the risk of being blocked, which will create significant risks for the population’s life in a safe environment, endangering the lives, property, freedom of movement, education, health and other rights of the residents of these villages. In light of such real security risks, the villages may become abandoned. In such conditions, there is a high probability that the population of the mentioned villages will leave their permanent place of residence due to serious threats to children’s safety and the impossibility of properly ensuring the right to education.
The Republic of Armenia, that is the Government and the authorities, have an obligation to ensure the safety of the residents of the mentioned villages and the protection of all rights.
In this regard, the instances of the use of clearly disproportionate force by police against the citizens who were protesting in the village of Kirants and unlawfully apprehending peaceful demonstrators in recent days are unacceptable. Within its powers, the police are obliged to ensure the rights and freedoms, dignity, and public safety of the residents and every person. Suppression of the attempts of the residents to express their legitimate concerns and their struggle by police forces is not lawful, and has a potential to create greater sense of insecurity and mistrust among residents.
In light of the above-mentioned, we demand from the Government of the Republic of Armenia:
Protection of Rights without Borders NGO
Helsinki Citizens’ Assembly-Vanadzor Office
Transparency International Anti-Corruption Center
Helsinki Association Human Rights NGO
Zaruhi Hovhannisyan, a human rights defender
May 2, 2024 The undersigned civil society organizations and human
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