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Nagorno-Karabakh RepublicԼեռնային Ղարաբաղի Հանրապետություն Error: {{Lang}}: text has italic markup (help)
Flag Coat of arms
Anthem: "Azat u ankakh Artsakh" "Free and Independent Artsakh"
Capital	Stepanakert
Official languages	Armenian
Government	Unrecognized
• President	Bako Sahakyan
• Prime Minister	Arayik Harutyunyan
Independence from Azerbaijan
• Referendum	December 10 1991
• Proclaimed	January 6 1992
• Recognition	none
Area
• Total	4,400 km (1,700 sq mi)
Population
• March 2007 estimate	138,000 (n/a)
Currency	Armenian dram (AMD)
Time zone	UTC+4
• Summer (DST)	UTC+5
Calling code	374 97
The constitution guarantees "the free use of other languages spread among the population."

The Nagorno-Karabakh Republic (NKR) (Template:Lang-hy Lernayin Gharabaghi Hanrapetut’yun), commonly called Nagorno-Karabakh, is a de facto independent republic located in the Nagorno-Karabakh region of Azerbaijan, about 270 kilometers (170 miles) west of the Azerbaijani capital of Baku and very close to the border with Armenia.

The predominantly Armenian-populated region became a source of dispute between Armenia and Azerbaijan when both countries gained independence from the Russian Empire in 1918. After the Soviet Union expanded into the area, it established the Nagorno-Karabakh Autonomous Oblast (NKAO) within the Azerbaijan SSR in 1923. On December 10 1991, as the Soviet Union was collapsing, a referendum held in the NKAO and the neighboring Shahumian region resulted in a declaration of independence from Azerbaijan as the Nagorno-Karabakh Republic, which remains unrecognized by any international organization or country, including Armenia.

In the final years before the dissolution of the Soviet Union, the region re-emerged as a source of dispute between Armenia and Azerbaijan, culminating in the Nagorno-Karabakh War from 1988 to 1994. Since the ceasefire in 1994, most of Nagorno-Karabakh and several regions of Azerbaijan around it remain under joint Armenian and Nagorno-Karabakh military control. The parties have since been holding peace talks mediated by the OSCE Minsk Group.

History

Current situation

Today, Nagorno-Karabakh is a de facto independent state, calling itself the Nagorno-Karabakh Republic. It is closely tied to the Republic of Armenia and uses the same currency, the dram. According to Human Rights Watch, "from the beginning of the Karabakh conflict, Armenia provided aid, weapons, and volunteers. Armenian involvement in Karabakh escalated after a December 1993 Azerbaijani offensive. The Republic of Armenia began sending conscripts and regular Army and Interior Ministry troops to fight in Karabakh." The politics of Armenia and the de-facto Karabakh republic are so intermingled that a former president of the Nagorno-Karabakh Republic, Robert Kocharyan, became first the prime minister (1997) and then the president of Armenia (1998 to the present).

Still, successive Armenian governments have resisted internal pressure to unite the two, fearing reprisals from Azerbaijan and from the international community, which still considers Nagorno-Karabakh part of Azerbaijan. In his case study of Eurasia, Dov Lynch of the Institute for Security Studies of WEU believes that "Karabakh's independence allows the new Armenian state to avoid the international stigma of aggression, despite the fact that Armenian troops fought in the war between 1991-94 and continue to man the Line of Contact between Karabakh and Azerbaijan." Lynch also cites that the "strength of the Armenian armed forces, and Armenia's strategic alliance with Russia, are seen as key shields protecting the Karabakh state by the authorities in Stepanakert." At present, the mediation process is at a standstill, with the most recent discussions in Rambouillet, France, yielding no agreement. Azerbaijan's position has been that Armenian troops withdraw from all areas of Azerbaijan outside Nagorno-Karabakh, and that all displaced persons be allowed to return to their homes before the status of Karabakh can be discussed. Armenia does not recognize Nagorno-Karabakh as being legally part of Azerbaijan, arguing that because the region declared independence at the same time that Azerbaijan became an independent state, both of them are equally successor states of the Soviet Union. The Armenian government insists that the government of Nagorno-Karabakh be part of any discussions on the region's future, and rejects ceding occupied territory or allowing refugees to return prior to talks on the region's status.

Representatives of Armenia, Azerbaijan, France, Russia and the United States met in Paris and in Key West, Florida, in the Spring of 2001. The details of the talks have remained largely secret, but the parties are reported to have discussed non-hierarchical relationships between the central Azerbaijani government and the Karabakh Armenian authorities. Despite rumours that the parties were close to a solution, the Azerbaijani authorities — both during Heydar Aliyev's period of office, and after the accession of his son Ilham Aliyev in the October 2003 elections — have firmly denied that any agreement was reached in Paris or Key West.

Further talks between the Azerbaijani and Armenian presidents, Ilham Aliyev and Robert Kocharyan, were held in September 2004 in Astana, Kazakhstan, on the sidelines of the Commonwealth of Independent States (CIS) summit. Reportedly, one of the suggestions put forward was the withdrawal of the occupying forces from the Azeri territories adjacent to Nagorno-Karabakh, and holding referendums (plebiscites) in Nagorno-Karabakh and Azerbaijan proper regarding the future status of the region. On February 10 and 11, 2006, Kocharyan and Aliyev met in Rambouillet, France, to discuss the fundamental principles of a settlement to the conflict, including the withdrawal of troops, formation of international peace keeping troops, and the status of Nagorno-Karabakh. During the weeks and days before the talks in France, OSCE Minsk Group co-chairmen expressed cautious optimism that some form of an agreement was possible. French President Jacques Chirac met with both leaders separately and expressed hope that the talks would be fruitful. Contrary to the initial optimism, the Rambouillet talks did not produce any agreement, with key issues such as the status of Nagorno-Karabakh and whether Armenian troops would withdraw from Kalbajar still being contentious.

The latest talks were held at the Polish embassy in Bucharest, Romania. Again, American, Russian, and French diplomats attended the talks that lasted over 40 minutes. Earlier, Armenian President Kocharyan announced that he was ready to "continue dialogue with Azerbaijan for the settlement of the Nagorno-Karabakh conflict and with Turkey on establishing relations without any preconditions."

Unfortunately, according to Armenian foreign minister, Vardan Oskanyan, no progress was made at this latest meeting. Both presidents failed to reach a consensus on the issues from the earlier Rambouillet conference. He noted that the Kocharyan-Aliyev meeting was held in a normal atmosphere. "Nevertheless," he added, "the foreign ministers of the two countries are commissioned to continue talks over settlement of the Nagorno-Karabakh conflict and try to find common points before the next meeting of the presidents."

The major disagreement between both sides at the Bucharest conference was the status of Karabakh. Azerbaijan's position was a promise to give Karabakh the "highest status of autonomy adopted in the world." Armenia favored a popular vote by the inhabitants of Karabakh to decide their future, a position that was also taken by the international mediators. The response to the Armenian position from Baku was that of a threat to Azerbaijan's territorial integrity. On June 27, the Armenian foreign minister said both parties agreed to allow the residents of Karabakh to vote regarding the future status of the region. The Azerbaijani Ministry of Foreign Affairs officially refuted that statement. According to Azeri opposition leader Isa Gambar, however, Azerbaijan did indeed agree to the referendum. Still, nothing official has confirmed this yet.

The ongoing "Prague Process" overseen by the OSCE Minsk Group was brought into sharp relief in the summer of 2006 with a series of rare public revelations seemingly designed to jump-start the stalled negotiations. After the release in June of a paper outlining its position, which had until then been carefully guarded, U.S. State Department official Matthew Bryza told Radio Free Europe that the Minsk Group favored a referendum in Karabakh that would determine its final status. The referendum, in the view of the OSCE, should take place not in Azerbaijan as a whole, but in Nagorno-Karabakh only. This was a blow to Azerbaijan, and despite talk that their government might eventually seek a more sympathetic forum for future negoltiations, this has not yet happened.

On December 10th, 2007 Azerbaijan's deputy foreign minister said Azerbaijan would be prepared to hold anti-terror operations in Nagorno-Karabakh against alleged bases of the Kurdistan Worker's Party. Armenian Foreign Ministry Spokesperson Vladimir Karapetian previously rejected the allegations as "fabricated" and suggested the accusations of the PKK presence were a form of provocation.

International status

The sovereign status of the Nagorno-Karabakh Republic is not recognized by any state, including Armenia. Three United Nations Security Council Resolutions (853, 874, and 884) and United Nations General Assembly resolutions 49/13 and 57/298 refer to Nagorno-Karabakh as a region of Azerbaijan. According to a report prepared by British parliamentarian and rapporteur David Atkinson, presented to Political Affairs Committee of the Parliamentary Assembly of the Council of Europe (PACE), "the borders of Azerbaijan were internationally recognised at the time of the country being recognised as independent state in 1991," and "the territory of Azerbaijan included the Nagorno-Karabakh region."

The latest resolution, #1416, adopted by PACE, stated that "Considerable parts of the territory of Azerbaijan are still occupied by Armenian forces, and separatist forces are still in control of the Nagorno-Karabakh region." The resolution further stated: "The Assembly reiterates that the occupation of foreign territory by a member state constitutes a grave violation of that state’s obligations as a member of the Council of Europe and reaffirms the right of displaced persons from the area of conflict to return to their homes safely and with dignity." Recalling the Resolutions 822, 853, 874, and 884 (all 1993) of the UN Security Council, PACE urged "the parties concerned to comply with them, in particular by refraining from any armed hostilities and by withdrawing military forces from any occupied territories." The resolution also called on "the Government of Azerbaijan to establish contact, without preconditions, with the political representatives of both communities from the Nagorno-Karabakh region regarding the future status of the region."

The Council of Europe called on the Nagorno-Karabakh de facto authorities to refrain from staging one-sided "local self-government elections" in Nagorno-Karabakh. "These so-called 'elections' cannot be legitimate," stressed Council of Europe Committee of Ministers' Chairman and Liechtenstein Foreign Minister Ernst Walch, Parliamentary Assembly President Lord Russell-Johnston and Secretary General Walter Schwimmer. They recalled that following the 1991–1994 armed conflict between Armenia and Azerbaijan, a substantial part of the region's population was forced to flee their homes and are still living as displaced persons in those countries or as refugees abroad. This position was reiterated by Walter Schwimmer, Secretary General of the Council of Europe on 4 August 2004 with regard to the next elections, staged in the province, and by the Chair of the Council of Europe’s Committee of Ministers on 12 July 2007 with regard to the presidential elections organised in Nagorno-Karabakh.

The European Union declared that "The European Union confirms its support for the territorial integrity of Azerbaijan, and recalls that it does not recognise the independence of Nagorno Karabakh. The European Union cannot consider legitimate the 'presidential elections' that were scheduled to take place on 11 August 2002 in Nagorno Karabakh". The European Union reiterated this position with regard to the presidential elections, held in the region in 2007.

The US Department of State's annual Country Reports on Human Rights Practices - 2006, released on March 6, 2007 stated that "Armenia continues to occupy the Azerbaijani territory of Nagorno-Karabakh and seven surrounding Azerbaijani territories. During the year incidents along the militarized line of contact separating the sides again resulted in numerous casualties on both sides".

According to an analysis by New England School of Law's Center for International Law & Policy, "Nagorno Karabagh has a right of self-determination, including the attendant right to independence, according to the criteria recognized under international law." As the analysis elaborates, "the principle of self-determination is included in Articles 1, 55, and 73 of the United Nations Charter," and it has been "codified in the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights--which are considered to constitute the international 'Bill of Rights.'" Furthermore, "the right to self-determination has also been repeatedly recognized in a series of resolutions adopted by the U.N. General Assembly, the most important of which is Resolution 2625(XXV) of 1970." As the analysis continues, "the Azerbaijanis argue that political independence for Nagorno Karabagh violates the right of Azerbaijan to territorial integrity. But the claim to territorial integrity can be negated where a state does not conduct itself 'in compliance with the principle of equal rights and self-determination of peoples' and does not allow a subject people 'to pursue their economic, social and cultural development' as required by United Nations General Assembly Resolution 2625(XXV). Moreover, it should be noted that when Azerbaijan declared independence from the Soviet Union, it claimed to be the successor state to the Azerbaijani Republic of 1918-1920. The League of Nations, however, did not recognize Azerbaijan's inclusion of Nagorno Karabagh within Azerbaijan's claimed territory." The analysis further states that Nagorno Karabakh's secession was in compliance with the existing Soviet law. Following Soviet Azerbaijan's declaration of independence on August 30, 1991, "Nagorno Karabagh initiated the same process through the joint adoption of the 'Declaration of the Republic of Nagorno Karabagh' by the local legislative councils of Nagorno Karabagh and the bordering Armenian-populated Shahumian district. The only difference was that, for Karabagh, independence was declared not from the Soviet Union but from Azerbaijan. This act fully complied with existing law. Indeed, the 1990 Soviet law titled 'Law of the USSR Concerning the Procedure of Secession of a Soviet Republic from the USSR,' provides that the secession of a Soviet republic from the body of the USSR allows an autonomous region and compactly settled minority regions in the same republic's territory also to trigger its own process of independence." This act, as the analysis continues, was not annulled by the "USSR Constitutional Oversight Committee," as the "declaration was deemed in compliance with the then existing law." Furthermore, "on December 10, 1991, the Nagorno Karabagh Republic held its own referendum on independence in the presence of international observers. The vote overwhelmingly approved Karabagh's sovereignty. This action of Nagorno Karabagh, which at that time was part of a still existent and internationally recognized Soviet Union, corresponded fully with the relevant Soviet law pertaining to leaving the USSR." Finally, on January 6, 1992, the "parliament of Karabagh adopted its Declaration of Independence on the basis of the referendum results."

A background paper prepared by the Directorate General of Political Affairs of the Council of Europe for the seminar "Youth and Conflict Resolution" (Strasbourg, 31 March - 2 April 2003), on the other hand, states, "The Armenian side maintains that the N-K independence referendum was conducted in accordance with the USSR law on the 'Procedure for Solving Issues of Secession of a Soviet Republic from the USSR' of 3 April 1990. Article 3 of this law provided autonomous regions within the Soviet republics with the right to determine independently, by referendum, whether they wished to remain within the USSR or join the republic seceding from the USSR. It would however seem that according to this law N-K would have the choice of two options – to remain within the USSR or to join independent Azerbaijan; N-K independence does not seem possible".

According to the article in "The Journal of Conflict Resolution", the Armenian side "justified its claim by Article 70 of the Soviet Constitution, which affirms the right to self-determination of the peoples of the USSR. In fact, this recognition of the principle of self-determination is only part of a general declaratory statement about the nature of the Soviet federation: “The Union of Soviet Socialist Republics is an integral, federal, multi-national state formed on the principle of socialist federalism as a result of the free self-determination of nations and the voluntary association of equal Soviet Socialist Republics. The USSR embodies the state unity of the Soviet people and draws all its nations and nationalities together for the purpose of jointly building communism.” There is no mechanism, other than the right of the union republics to secede (Article 72 of the constitution), through which to express the right of self-determination".

The actual declaration of establishment of the Nagorno Karabakh Republic, issued on September 2, 1991, states that the republic is proclaimed pursuant to the USSR law of secession, and that it "enjoys the authorities given to Republics by the USSR Constitution and legislation and reserves the right to decide independently the issue of its state-legal status based on political consultations and negotiations with the leadership of Union and Republics." The Declaration further states that "the USSR Constitution and legislation, as well as other laws currently in force, which do not contradict the goals and principles of this Declaration and peculiarities of the Republic apply on the territory of the Nagorno Karabakh Republic, until the NKR Constitution and laws are adopted."

However, the Ministry of Foreign Affairs of Azerbaijan states that "according to this Law, in a Union republic containing autonomous republics, autonomous provinces and autonomous regions, the referendum had to be held separately in each autonomous unit, the people of which retained the right to decide independently the question of staying in the USSR or in the seceding Union republic, as well as to raise the question of their own state-legal status. It is important to emphasize that the secession of a Union republic from the USSR could be regarded valid only after the fulfillment of complicated and multi-staged procedure and, finally, the adoption of the relevant decision by the Congress of the USSR People's Deputies. However, until the Soviet Union ceased to exist as international person the mentioned Law was without legal effect, since no Union republic, including Azerbaijan and Armenia, had used the procedure for secession stipulated in it".

The OSCE Minsk Group has allowed the Nagorno-Karabakh Republic (referring to it as the "leadership of Nagorny Karabakh"), as well as Armenia and Azerbaijan, to participate in the peace process as "parties to the conflict," and the Azerbaijani community of the region--as an "interested party". The Chairman of the CSCE Minsk Conference mentioned that "the terms 'party to the conflict' and 'leadership of Nagorny Karabakh' do not imply recognition of any diplomatic or political status under domestic or international law". The Azerbaijani community is led by Nizami Bakhmanov, the head of the executive power of Shusha region.

At a recent press conference in Yerevan,Yuri Merzlyakov, the OSCE Minsk Group Russian Co-Chair stated, "At the press conference in Baku I underlined that Nagorno Karabakh was a part of Azerbaijani SSR and not of Azerbaijan. I perfectly know that till 1917 Nagorno Karabakh was a part of the Russian Empire. The history is necessary in order to settle conflicts, but it is necessary to proceed from international law". Meanwhile, on June 10 2007 after US-Azerbaijani security consultations in Washington D.C. with Azerbaijani Deputy Foreign Minister Araz Azimov, Deputy Assistant Secretary of US Department of State, US Co-Chairman of OSCE Minsk group Matthew Bryza in a joint press conference announced: "In the circles of international law there is no universal formula for the supremacy of territorial integrity over the right of self-determination of people.".

Also in 2006, Russia published its 63-volume Great Encyclopedia which described Nagorno-Karabakh as an independent entity that belonged to Armenians historically, in its introduction to the region. Azerbaijan has protested this passage in the Russian encyclopedia. It handed a protest letter to the Russian ambassador to Azerbaijan demanding that the encyclopedia be confiscated and amended.

Human rights

The Nagorno Karabakh conflict has resulted in the displacement of 528,000 (this figure does not include new born children of these IDPs) Azerbaijanis from Armenian occupied territories including Nagorno Karabakh, and 220,000 Azeris, 18,000 Kurds and 3,500 Russians fled from Armenia to Azerbaijan from 1988 to 1989. The Azerbaijani government has estimated that 63 percent of internally displaced persons (IDPs) lived below the poverty line as compared to 49% of the total population. About 154,000 lived in the capital, Baku. According to the International Organization for Migration, 40,000 IDPs lived in camps, 60,000 in underground dugout shelters, and 20,000 in railway cars. Forty-thousand IDPs lived in EU-funded settlements and UNHCR provided housing for another 40,000. Another 5,000 IDPs lived in abandoned or rapidly deteriorating schools. Others lived in trains, on roadsides in half-constructed buildings, or in public buildings such as tourist and health facilities. Tens of thousands lived in seven tent camps where poor water supply and sanitation caused gastro-intestinal infections, tuberculosis, and malaria.

The Azerbaijani government has been unwilling to integrate the IDP's into the rest of the population as this could be interpreted as acceptance of the permanent loss of Nagorno-Karabakh. The government required IDPs to register their place of residence in an attempt to better target the limited and largely inadequate national and international assistance due to the Armenian advocated and US imposed restrictions on humanitarian aid to Azerbaijan. Many IDPs were from rural areas and found it difficult to integrate into the urban labor market. Many international humanitarian agencies reduced or ceased assistance for IDPs citing increasing oil revenues of the country. The infant mortality among displaced Azerbaijani children is 3-4 times higher than in the rest of the population. The rate of stillbirth was 88.2 per 1,000 births among the internally displaced people. The majority of the displaced have lived in difficult conditions for more than 13 years.

280,000 persons—virtually all ethnic Armenians who fled Azerbaijan during the 1988–1993 war over the disputed region of Nagorno-Karabakh—were living in refugee-like circumstances in Armenia. Some left the country, principally to Russia. Their children born in Armenia acquire citizenship automatically. Their numbers are thus subject to constant decline due to departure, and de-registration required for naturalization. Of these, about 250,000 fled Azerbaijan-proper (areas outside Nagorno-Karabakh); approximately 30,000 came from Nagorno-Karabakh, which is in Azerbaijan but controlled by Armenians. All were registered with the government as refugees at year’s end.

Constitutional referendum

On November 3, 2006 Arkadi Ghukasyan signed a decree to carry out a referendum on a draft Nagorno-Karabakh constitution, and this was held on 10 December of the same year. According to official preliminary results from December 10, as many as 98.6 percent of voters approved the constitution. The 142nd article of the document describes the Nagorno-Karabakh Republic as "a sovereign, democratic legal and social state"; however, the European Union, OSCE and GUAM rejected the referendum. The EU announced it was "aware that a 'constitutional referendum' has taken place," but reiterated that only a negotiated settlement between Azerbaijan and ethnic Armenians can bring a lasting solution. In a statement, the OSCE chairman in office Karel De Gucht called the vote potentially harmful to the ongoing conflict settlement process, which, he said, has shown "visible progress" and is at a "promising juncture". The outcome was also criticised by Turkey, which traditionally sides with Azerbaijan because of common Islamic faith and ethnic Turkic roots.

Administrative divisions

The Nagorno-Karabakh Republic has six administrative divisions, which correspond with the five districts of the Nagorno-Karabakh Autonomous Oblast (NKAO), and with the Shahumian district in the Azerbaijan SSR. Following the NKR's declaration of independence, the Azerbaijani government abolished the NKAO and created Azerbaijani rayons in its place. As a result, some of the NKR's divisions correspond with the Azerbaijani rayons, while others use different borders. A comparative table of the current divisions of the Nagorno-Karabakh Republic and the corresponding rayons of Azerbaijan follows:

The Nagorno-Karabakh Republic claims Shahumian, which was not part of the Nagorno-Karabakh Autonomous Oblast. Representatives from Shahumian declared independence along with Nagorno-Karabakh, and the proclamation of the Nagorno-Karabakh Republic includes the Shahumian region within its borders. Unlike the rest of Nagorno-Karabakh, Shahumian remains under Azerbaijani control.

Additional rayons of Azerbaijan are under Armenian and Karabakh military control: Lachin, Qubadli, Zangilan, and Jabrayil. In addition, the whole of Kalbajar, which is partially claimed by the NKR, is controlled by them as well, as well as parts of Agdam and Fizuli. On the other hand, the eastern ends of Martakert and Martuni are under Azerbaijani control, as is the whole of Shahumian.

Template:Non-sovereign territories of Europe

References

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2. Human Rights Watch World Report 1995
3. Institute for Security Studies of WEU. Dov Lynch. Managing separatist states: A Eurasian case study.
4. U.S. Department of State - Armenia and Azerbaijan: Key West Peace Talks
5. Karl Rahder, "Nagorno-Karabakh summit ends in failure," ISN Security Watch, 27 Feb, 2006, http://www.isn.ethz.ch/news/sw/details.cfm?id=14904
6. 'Marathon' talks on Nagorno-Karabakh
7. Kocharyan-Aliyev Meeting Over in Bucharest
8. Yerevan Ready to Continue Dialogue with Baku for Karabakh Settlement
9. No Progress at Kocharyan-Aliyev Meeting in Bucharest
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11. U.S. Confirms Vote Option For Karabakh
12. Armenian, Azeri Leaders ‘Agreed To Karabakh Referendum’
13. Azerbaijani Foreign Ministry about latest statement of Armenia on Nagorno Karabakh
14. Isa Gambar: "Baku Gave OK On Referendum In Nagorno-Karabakh"
15. Karl Rahder, "OSCE bombshell reveals Karabakh position," ISN Security Watch, 7 August, 2006, http://www.isn.ethz.ch/news/sw/details.cfm?id=16482
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33. Yuri Merzlyakov: I have stated in Baku that Karabakh was part of Azeri SSR and not of Azerbaijan
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35. http://en.apa.az/news.php?id=25815
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See also

• Nagorno-Karabakh Defense Army
• Foreign relations of Nagorno-Karabakh

External Links

• Ministry of Foreign Affairs of the Nagorno-Karabakh Republic
• Office of the Nagorno-Karabakh Republic, Washington DC