The approach by which changes to the state borders of Armenia
are made cannot be based on the Administrative-Territorial Division of the
Republic of Armenia. Such a means is contrary to principles of law: and, from a
human rights perspective, this assertion is grounded on the following grounds:
1. Regulations which govern the administrative-territorial
division of the Republic of Armenia and issues which dictate the state borders
are entirely two different matters.
The two cannot be equated to one another. The state border of
the country may not be determined by rules reserved for an administrative
division, nor can they be based on such rules.
2. This approach, among giving rise to a myriad of other issues,
has thus far posed serious problems for those who reside in close proximity to
our borders, has seriously endangered the lives, physical and mental immunity,
property, economic activities and other vital rights guaranteed by the
Constitution of the Republic of Armenia. In some instances, some or all of such
rights have already been grossly violated. This approach has also endangered
the security of the Republic of Armenia’s national borders.
3. Finally, when choosing any approach or a principle in
determining the state borders, at least two crucial questions must be answered:
1) whether the approach applied endangers the inviolability of the state
borders of Armenia and the security of the country;
2) whether the approach applied endangers or violates the rights
of people living in our country and especially border residents, and whether it
is consistent with the requirements of the applicable rule of law.
4. First, it is obvious that the provisions of the Law on
Administrative-Territorial Division of the Republic of Armenia refer to the
internal delimitation of administrative-territorial units; they cannot serve as
a legal basis for border demarcation processes with other states.
In other words, this law simply refers to the determination of
the administrative boundaries of the regions or communities of Armenia.
5. Consequently, an administrative-territorial division may have
legal significance when it is necessary to delimit, for example, the
competencies of community bodies or territorial administration bodies in the
regions with respect to matters concerning them.
6. Determining or specifying the boundaries of administrative
units within a country is possible in cases where, for instance, a crime has
been committed and it is necessary to decide, for example, which regional unit
of the investigative body should examine the case or which court has
jurisdiction over such case.
7. The Republic of Armenia’s Law on Administrative-Territorial
Division cannot be interpreted and referred to as a legal basis for locating
and changing the borders of our country with another state.
In a dire effort to substantiate the reference to the Law on
Administrative Territorial Division of the Republic of Armenia, it is improper
to use the argument that it is applicable in the process of determining the
Republic’s borders with a foreign state, particularly when the words
"Republic of Azerbaijan" are used to describe the external borders by
invoking our administrative laws while going about the matters of fixing
borders with a foreign country. In any process wherein the objective is
determining the borders of the Republic of Armenia, Administrative Laws can at
best be a supporting factor to be evaluated in earnest, and at all time such
laws only be as a secondary reference.
In the case of Azerbaijan, especially among the legal grounds
for determining the state borders of our country, the adoption of an
administrative law as a basis, and a reference to it publicly, poses serious
dangers, especially if such a law has shortcomings that have not been corrected
and/or amended or modified over time. Such a practice and reliance does not
account for the imperative of the security of our country and the inviolability
of borders, as well as the protection of the rights of our people.
8. Accordingly, the issues related to the location and change of
the state borders of Armenia, the bordering states, border regions and the
means of international communication have a completely different meaning; their
main principles are regulated by the Law on State Borders.
This law obliges the Republic of Armenia to be guided, inter
alia, by the guiding principles of protection and security of the territorial
integrity of the Republic of Armenia in resolving the above-mentioned issues.
The Law on the State Borders also stipulates that the protection of the state
borders is an integral part of the national security priorities and standards
of the Republic of Armenia, which guarantee the inviolability of the state
borders.
9. In relation to the determination of state borders, the
actions of the state should be based on the basic principle of guaranteeing
respect for human rights and the rule of law. This is evidenced by
international standards and practices.
10. In general, the border demarcation process should be
prepared and carried out by a special working group or a commission; they
should carry out work on the ground; there should be a proper legal basis for
that purpose; and, special specialists should be involved. Moreover, such an
exercise is a bilateral process with the participation of the two neighboring
states, which must be predictable and clear.
11. According to international requirements, when determining
the state borders of a country, priority should be given to issues related to
the rights of border residents, their real estate or other property, cadastral
information of border settlements. It is necessary to identify in advance the
private owners who will lose their property (apartment, land, private business
object, etc.) due to the border demarcation process. It must be taken into
account that they have a right for a just compensation.
12. According to international practices, in the process of
determining the borders, one of the priority tasks of the state is to solve the
issues of guaranteeing the safe use of forests and preserving of water
resources for the residents of the border.
In other words, one of the main criteria is whether the border
demarcation process guarantees normal living conditions for the border
population, and whether the use and/or access to vital facilities for the
population is resolved.
13. Direct studies of the Human Rights Defender after the
September-November 2020 war in the border communities of Armenia (in the case
of Syunik: Tegh, Khnatsakh, Vorotan, Khoznavar, Aravus, Nerkin Khndzoresk,
Kapan and other communities; in the case of Gegharkunik: Geghamasar, Sotk, Kut,
Norabak (Tretuk and other communities), discussions with community bodies and
residents confirm that serious problems and/or threats have arisen with respect
to human rights and livelihoods.
For example, in one case, people were deprived of the
opportunity to use private and community agricultural lands and pastures. In
another case, their lives, their physical and emotional well-being, as well as
their property rights were endangered. In a third case, these deprivations and
endangerments exist all at once.
At the same time, these challenges are of such a nature that
they will cause an obvious and long-term negative consequences for our entire
nation.
14. In the case of Azerbaijan, the issue of determining
Armenia's borders with that country must be considered in the context of
guaranteeing the physical security and the health and welfare of the border
residents. Indeed, the viability of the Armenian people in general, their
lives, their physical and mental inviolability, their property rights and all
other vital needs must be the foremost priority at all times.
To be clear, and to put in context, not only the state policy of
an organized anti-Armenian campaign and an anti-Armenian propaganda has not
stopped being implemented in Azerbaijan, but such activities have also
continued to be put to use and have been further developed. These practices
have produced new manifestations of openly and notoriously threatening the
territory of Armenia and our entire population.
Moreover, a study of the speeches and rhetoric of the President
of that country attests to the threat of a genocide.
These allegations are confirmed by the evaluations and studies
conducted by the Human Rights Defender of Armenia. They are based also upon the
compiled evidence all pointing to gross violations of the rights of our
compatriots, and are supported by corresponding reports chronicling of such
violations.
15. Therefore, all issues related to the determination of
borders should be thoroughly researched, evaluated by specialists, subjected to
legal analysis, and fixed on the necessary legal grounds.
After all such measures are taken, the state should use the
results of the efforts undertaken in political and/or other types of
negotiations in order to reach the necessary and just solutions.
16. Therefore, in addition to the issues of guaranteeing the
security of our state and the inviolability of state borders, the requirements
of ensuring the rights of the entire population of Armenia and the rule of law
in these processes should be at the core of the referenced border studies and
negotiations.
The legitimacy of all of this stems from the high title of the
sovereignty of the Republic of Armenia and the imperative to guarantee it.