Serious Suspicions About the Implementation of Ethnic Cleansing: PACE Resolution on Azerbaijan's Actions in Artsakh

The Parliamentary Assembly of the Council of Europe (PACE) has recently adopted a resolution titled "Humanitarian Situation in Nagorno-Karabakh" along with an advisory note. This was announced on Facebook by Ruben Rubinyan, the head of the Armenian delegation to the National Assembly.

"The resolution condemns Azerbaijan's military actions against Nagorno-Karabakh on September 19, 2023. The Assembly notes that nearly the entire population of Nagorno-Karabakh has fled their homeland due to the threat of physical destruction and the long-standing anti-Armenian policies of the Azerbaijani government. It highlights serious suspicions regarding the implementation of ethnic cleansing. The Assembly points out that the carrying out of ethnic cleansing as a war crime or a crime against humanity could lead to individual criminal responsibility," Rubinyan stated.

The Assembly calls on the Committee of Ministers to undertake a monitoring process regarding Azerbaijan based on the commitments undertaken by Council of Europe member states as stipulated in the 1994 declaration. It also calls for a supplementary joint procedure between the Committee of Ministers and the Parliamentary Assembly in response to Azerbaijan's serious violations of its statutory obligations. It warns that if Azerbaijan fails to meet its obligations, the Assembly will have no choice but to contest the mandate of Azerbaijan's delegation during the first session of PACE in 2024 (meaning that participation of the Azerbaijani delegation in PACE will be suspended at least temporarily).

The Assembly also addressed the exodus of over 100,600 Armenians from Nagorno-Karabakh in the past two weeks, noting the reasons for this mass departure, which include the military actions initiated by Azerbaijan on September 19, 2023, and the crisis resulting from the blockade of the Lachin corridor. The Assembly is profoundly convinced that the tragic exodus of the population of Nagorno-Karabakh should not be accepted as a new reality. As a member state of the Council of Europe, Azerbaijan must adhere to the organization's fundamental values and demonstrate a willingness to fulfill its internationally undertaken obligations.

The Assembly refers to the decision of the European Court of Human Rights on September 22, 2023, regarding the application of interim measures against Azerbaijan, and calls on Azerbaijan to implement these measures immediately. The Assembly also calls on Azerbaijan to undertake immediate actions to ensure the return of the Armenian population to Nagorno-Karabakh and to protect their rights. The Assembly calls for the protection of the Armenian cultural heritage in the region, demanding that Azerbaijan release all detained representatives from Nagorno-Karabakh and all Armenian prisoners of war held in Azerbaijan.

The resolution highlights the severe humanitarian situation resulting from the forced displacement of Armenians from their homeland in Nagorno-Karabakh, emphasizing the necessity of supporting Armenia, including through the actions of the Council of Europe. The Assembly firmly believes that the long-standing and tragic conflict can only be resolved through peaceful means, dialogue, and unequivocal signs of goodwill, on the basis of applicable international law and full respect for the human rights of every individual living there.

The Assembly calls on Azerbaijan to do everything possible to demonstrate a readiness to coexist peacefully with its neighbor Armenia. It expects both Armenia and Azerbaijan to respect each other's territorial integrity and sovereignty, as well as the inviolability of borders, based on the 1991 Almaty Declaration. Furthermore, the Assembly calls for the opening of regional highways based on the sovereignty of states and within the framework of national jurisdiction. In this context, the Assembly emphasizes that any potential connection with Nakhchivan cannot be implemented against Armenia's will and to the detriment of Armenia's national interests.

The Assembly anticipates the consent of the Azerbaijani authorities to organize high-level fact-finding visits by international organizations. It believes that, in addition to the urgent need for appropriate institutions and bodies of the Council of Europe to enter the region, the Azerbaijani authorities must regularly provide the Secretary General of the Council of Europe and the Committee of Ministers with full and detailed information about the measures taken or planned to be initiated to protect and expand the rights and freedoms of Armenians in the region, including their safety, particularly for those wishing to return.

The Parliamentary Assembly urges the Committee of Ministers to take urgent measures to address the emigration of nearly the entire Armenian population of Nagorno-Karabakh and the humanitarian and human rights crisis affecting them, expressing deep concern over the situation that raises numerous suspicions of ethnic cleansing, lamenting Azerbaijan's failure to respect the commitment to resolve the conflict peacefully as pledged upon joining the Council of Europe.

The Assembly demands that the Secretary General and the Committee of Ministers organize as soon as possible a fact-finding mission to assess the situation on the ground and outline the measures to be taken to protect the rights of the local Armenians, including those who have sought asylum abroad, and to ensure the safety of all those who wish to return. It welcomes the fact-finding mission of the Special Representative of the Secretary General on Migration and Refugees to Armenia to evaluate the support that the Organization can provide in the current situation. The Assembly notes that it will be closely monitoring the measures taken by the Azerbaijani authorities and their compliance with international obligations they have undertaken," he reported.