Rights and Security of Tavush Residents Must Be Considered: Statement

The undersigned civil society organizations and human rights defenders express their deep concern regarding the recent border demarcation and delimitation methods and pace between the Republic of Armenia and the Republic of Azerbaijan in the Tavush region.

"It is undeniable that the border demarcation process between the two states is crucial, yet it must be strictly carried out in accordance with the principles of international law and the requirements of the domestic legislation of the Republic of Armenia.

Firstly, according to the statement of the Prime Minister of the Republic of Armenia, the demarcation is taking place in the context of an apparent threat of aggression against the Republic of Armenia, which already provides grounds to assert that the demarcation and delimitation are not conducted based on international law.

Stable and genuine peace in the region can only be established under the conditions of eliminating threats of the use of force. Meanwhile, no real or effective steps have been taken by Azerbaijan to withdraw its armed forces from the occupied territories resulting from various attacks on the Republic of Armenia, both during the 1990s and during the attacks of 2021-2022.

According to the statements of the executive authority of the Republic of Armenia, the demarcation processes are based on the principle of uti possidetis, aimed at transforming the administrative borders established during the Soviet Socialist Republics into state borders. At the same time, the Minister of Foreign Affairs of Armenia recently reiterated that the Republic of Azerbaijan avoids clearly establishing that it will adhere to the administrative borders inherited from the Soviet Union and will recognize itself as the legal successor of those borders.

The absence of a written agreement on the cornerstone principle of legal succession of borders, whether administrative or state, along with Azerbaijan’s declaration of independence that creates a basis for territorial claims against Armenia and the active development of narratives representing the territory of the Republic of Armenia as Western Azerbaijan, makes legitimate demarcation impossible.

Moreover, the delimitation is being conducted without adhering to the proper legal processes stipulated by the legislation of the Republic of Armenia; rather, it is carried out based on the agreements of delimitation commissions that still lack clear and previously approved mandates and operational regulations, which cannot be regarded as a legal process based on the Constitution of the Republic of Armenia and other legal acts.

Such methods of delimitation contradict the very domestic legislation of Armenia and the approaches adopted by the government concerning the delimitation of the state border between the Republic of Armenia and the Republic of Georgia. Specifically, according to the position of the Armenian Ministry of Foreign Affairs, "since the entire outline of the delimitation has not been completed and approved by the legislative bodies, the agreed sections are not considered finally agreed." Additionally, the Law on the State Border of Armenia requires that in determining and altering the state border, and in regulating relations with neighboring states, as well as in cross-border areas and international communication routes, the Republic of Armenia is guided by the following principles: 1) protection of the territorial integrity of the Republic of Armenia; 2) ensuring the security of the Republic of Armenia and the fulfillment of international obligations undertaken by the Republic of Armenia; 3) multilateral mutually beneficial cooperation with foreign states; 4) peaceful resolution of border issues.

The ongoing delimitation processes are not based on the protection of Armenia’s territorial integrity, as the demilitarization of Armenia's territory is not part of the agreements and occurs under the threat of force. The security of the Republic of Armenia is also not ensured, nor is the protection of the rights and legal interests of citizens of the Republic of Armenia, as mandated by the Constitution and international obligations.

Ensuring the rights and security of citizens residing in border communities of Armenia is imperative. The Prime Minister of Armenia has noted that according to the agreement, border guards from both states will be stationed on either side of the demarcated border.

Considering Azerbaijan's repeatedly documented policies of hatred, including those confirmed by international bodies, and its continuous spread of such policies, including among children through educational institutions, the war crimes committed by Azerbaijani armed forces against people of Armenian descent, including murders of civilians by decapitation, shootings, torture, targeted attacks, the ongoing destruction of Armenian cultural heritage, the forced displacement of the entire population of Artsakh, and the total impunity for all heinous crimes, the stationing of Azerbaijani forces, including border posts, in close proximity to vital areas for the civilian population poses serious and real security risks.

The undersigned human rights organizations have documented numerous instances of verifiable war crimes committed by Azerbaijani border guards during the war launched by Azerbaijan against the Republic of Artsakh since September 27, 2020, including the murder of prisoners of war, mutilation of corpses, torture, and a group of Armenian servicemen still being considered missing following their control by Azerbaijani border guards.

Furthermore, since 2020, there have been illegal actions and crimes committed by Azerbaijani forces against residents of the Syunik region of the Republic of Armenia, including deliberate shootings towards villages and homes, the latest being on April 9, 2024, targeting civilian populations, incidents of livestock theft, blockades of the Goris-Kapan road, intimidation of persons traveling on the road, including children, and other security threats indicate a real possibility of a repeat situation in the Tavush region, especially given that the interstate road with Georgia will pass through supposed Azerbaijani territories, and Azerbaijani forces will be stationed directly adjacent to civilian homes, with vital infrastructure and schools coming under direct fire from Azerbaijani armed forces, as evidenced by a school in the village of Kiran being only 70 meters from the supposed Azerbaijani border.

As a result of the delimitation outcomes, the properties of several citizens, including their homes and land, will find themselves in the supposed Azerbaijani territory or directly adjacent to the border, making the use of property impossible. It is necessary to note that the authorities of the Republic of Armenia, represented by the Prime Minister, do not exclude the possibility of further threats and the use of military force by Azerbaijan even after delimitation, which underscores the necessity of applying international law and accepted practices and principles in the delimitation and demarcation process.

Simultaneously, in the face of the impossibility of using the interstate road, inhabitants of both Kiran and other nearby villages, including Voskepar and Kayaran, are at risk of being cut off, which will create significant risks to the safety and well-being of residents, jeopardizing their lives, property, free movement, education, health, and other rights. In such real security risk conditions, villages may be abandoned. There is a high likelihood that the populations of the aforementioned villages will leave their permanent place of residence due to serious threats to the safety of children and the impossibility of ensuring their right to education appropriately.

The Republic of Armenia, represented by the Government and the current authorities, has the obligation to guarantee the safety and protection of the rights of the residents of these villages. In this regard, particularly concerning the recent disproportionate use of force by the police against citizens protesting in the village of Kiran and cases of illegal detention of peaceful demonstrators are unacceptable. The police are obliged to uphold the rights and freedoms of residents and every individual and to maintain public safety. The suppression of residents' legitimate concerns and struggles by police forces is unjustifiable and can create a heightened sense of vulnerability and distrust among the residents.

Considering the above, we demand the Government of the Republic of Armenia to: base the processes of demarcation and delimitation with the Republic of Azerbaijan on the norms and principles of international law, strictly adhere to the requirements stipulated by the Constitution and other legal acts of the Republic of Armenia; guarantee the rights and security of residents of border villages as defined by the Constitution of the Republic of Armenia during the processes of demarcation and delimitation; provide all necessary and sufficient conditions to guarantee the right to safe and dignified living for individuals in their localities; review the composition of the delimitation and demarcation commission and working groups by involving specialists in international law, cartographers, and other relevant experts; ensure transparency, predictability, and certainty in the delimitation processes for the public, including regarding the principles and tools employed in delimitation; refrain from unilateral actions that fail to protect the territorial integrity and security of the Republic of Armenia," the statement reads.