Such a Demand Will Lead to a Deadlock in the Armenia-Azerbaijan Peace Process, Says Pashinyan

The claims by Azerbaijan that the Constitution of the Republic of Armenia contains territorial demands from Azerbaijan are based on the reference in the preamble of the Constitution to the Declaration of Independence, which mentions Nagorno-Karabakh. Prime Minister Nikol Pashinyan stated this during a Q&A session with the government in the National Assembly.

“The Constitutional Court of Armenia has stated in its decision dated September 26, 2024, that the reference in the preamble of the Constitution to the Declaration of Independence pertains only to those provisions of the Declaration that have been expressly incorporated into the articles of the Constitution. The Constitution of Armenia does not contain any provisions regarding Nagorno-Karabakh, either directly or indirectly.

There is a clear hierarchical distinction between the Declaration of Independence and the Constitution. While the Declaration of Independence was adopted by the Supreme Soviet of the Armenian SSR, one of the 15 union republics of the USSR, the Constitution was adopted by the sovereign people of the Republic of Armenia, an internationally recognized independent state.

Referring to Azerbaijan's Constitution, Pashinyan mentioned, “The preamble of Azerbaijan's Constitution references the constitutional act adopted on October 18, 1991. This act references the Declaration of Independence of the first Republic of Azerbaijan adopted on May 28, 1918, which in turn states that the first Republic of Azerbaijan includes Eastern and Southern Transcaucasia. In November 1919, Azerbaijan submitted its administrative territorial map to the Entente, according to which the areas of Siunik and Vayots Dzor regions of Armenia are fully included in Azerbaijan, along with parts of Ararat, Armavir, Gegharkunik, Tavush, Lori, and Shirak regions. Overall, about 60% of present-day Armenia’s territory is claimed by Azerbaijan,” noted Pashinyan.

He emphasized that Azerbaijan's Constitution contains territorial claims against Armenian territories. “Thus, it becomes evident from these references that Azerbaijan's Constitution includes territorial claims against the Republic of Armenia. However, the Republic of Armenia does not raise the issue of amending Azerbaijan's Constitution for two reasons. First, such a demand would lead to a deadlock in the Armenia-Azerbaijan peace process, and second, there is a provision in the agreed part of the peace treaty between Armenia and Azerbaijan stating that the parties cannot invoke their domestic legislation to justify the failure to implement this treaty. Another provision in the agreed part of the peace treaty states that the parties recognize each other's territorial integrity, have no territorial claims against each other, and commit not to make such claims in the future. What follows from this, which I want to articulate in the next point.