...democratic countries are characterized by structural and institutional restrictions, such as division of power, system of constitutional holding ups and counterbalances, the necessity to get the support of political decisions from the side of responsible civil society during their public discussions. This all limits the acceptance of radical decisions, especially on the issue of war. The absence of all the above-mentioned in Azerbaijan strengthens the threat of aggression, sudden attack on NKR. The totalitarian regime in Azerbaijan, based on the ideology of racism, xenophobia and genocide, repressive apparatus, control over information , manipulation of the masses of population and inflammation of military hysteria from the upper power, cult of leader, clan structure of the power, is immanently inherent the high potential of aggression and confrontation. The regime which doesn’t have structural and institutional restrictions of tyranny and developed political culture, which does not accept reasonable compromises, is able to admit libertarian decisions to start a new war.
During Karabakh and Azerbaijan negotiations more productive would be the mutual recognition of the independence of Nagorno-Karabakh Republic and Azerbaijan Republic and to sign a peace interstate agreement, which meets the interests of Armenian and Azeri nations. For instance, Franco-Algerian negotiations in Evian, which were initiated by the president of France Sharle de Gaulle, ended with an agreement not on the status of Algeria, but on the recognition of its state independence and establishment of the relations between them and former parent state on a new interstate basis.
The big meaning in the civilized regulation would be played by the means of trust, such as, the strengthening of the regime of cessation of fire and cessation by Azerbaijan the sniper fire and provocation on the border, the ending by Azerbaijan anti-Armenian propaganda in Mass Media and system of education, formation of favorable public opinion. Azerbaijan and Nagorno-Karabakh must refuse forever of hostile actions and, first of all, of armed intervention, blockade and other forms of intervention and threat of intervention, directed towards the abolition and restriction of sovereignty, change of political, economic, cultural bases of Nagorno-Karabakh and Azerbaijan and the right of their people to freely choose the forms of their national existence.
During the process of the regulation of Azerbaijan versus Karabakh conflict only Azerbaijan, as the bearer of all the responsibility for the inflammation of the conflict, wide-ranging aggression, policy of genocide, ethnic purges and international terrorism, should take measures for the creation of trust in Karabakh society towards Azerbaijan. Azerbaijan not only did convicted its criminal policy, but also instigates anti-Armenian hysteria, the calls for terrorist interventions are heard as well as towards the Jihad against Nagorno-Karabakh Republic and Republic of Armenia. At the press-conference in Baku, the leader of the board of Muslims of Caucasus Shan-Ul-Islam Hadji Allakhshukjur Pashazade stated: “I am ready to declare Jihad for the freeing of occupied territories of Azerbaijan” (“Nezavisimaja Gazeta” 29.08.2006).
The government of Azerbaijan forgot the important reminder of authoritative British historian A. Toynbee, that militarism up to now was the most spread reason for the collapse of civilizations during the last 4 or 5 millenniums and inspired the loss of the civilizations.
Among the trust means it is necessary to name the ones like mutual recognition of the parties, the refusal of Azerbaijan from territorial pretensions on Nagorno-Karabakh and Armenia, repentance of the governing body of Azerbaijan for the genocide and ethnic purges. It is in favor of Azerbaijan to be strong enough and repent for the genocide and ethnic purges of Armenians of Nagorno-Karabakh and Azerbaijan. In the analogical situation, the governing body of Germany accepted its fault. In 1970 the Chancellor of Federal Republic of Germany near the monument of the victims of Warsaw ghetto repented for the crimes of Nazis and in 2004 G.Shroeder participated in the ceremony dedicated to the anniversary of Warsaw rebellion.
The historical conciliation of the people of NKR, Azerbaijan and Armenia is necessary, which will become possible with the repentance of Azerbaijan which will be analogical to the repentance of Germany for the crimes of Nazis during World War II. It would be really brave and venerable deed for Azerbaijan.
The obstacles for the civilized regulation of Karabakh versus Azerbaijan conflict is the destructive position of Azerbaijan, which tends to solve the problem in the military way, the refusal of direct negotiations with Nagorno-Karabakh and recognition of its independence, the denial of the genocide of Armenians of Nagorno-Karabakh and Azerbaijan and the blackmail towards the world community. Systematic calls of official representatives of Azerbaijan to destroy Armenia and Nagorno-Karabakh demonstrate its real intentions and don’t correspond to the values of the world community. These irresponsible statements of the authorities of Azerbaijan, announced for the first time after the defeat of Nazism, are not absolutely accepted in the XXI century and contradict the criteria f membership both at the UNO and in other authoritative international organizations. Postponement of the world community of the final recognition of state independence of Nagorno-Karabakh Republic stimulates the authorities of Azerbaijan to strengthen the aggression and more cruelty of its position.
The negotiation process is becoming more complex by the demand of Azerbaijan about the unilateral removal of Karabakh armies from the controlling territories and the unilateral return of all Azeri refugees, but not Armenian ones. The governing body of Azerbaijan follows the position of Turkish-Azeri doctrine of treatment with Armenian refugees the essence of which is the impossibility by any means their return to their motherland.
The other obstacle of the regulation is the absence of civil society in Azerbaijan, which is torn by clan contradictions and the increasing wave of xenophobia and anti-Armenian racialist propaganda.
The attempts of Azerbaijan to exchange the causes of the conflict with its results more or less complicates the negotiation process. It is known that the cause of the conflict is the Azeri policy of genocide against the Armenians of Nagorno-Karabakh and Azerbaijan, for its cessation the people of Nagorno-Karabakh declared their state independence. Just as its consequence, the result of wide-ranging aggression of Azerbaijan against NKR, the problem of territories and refugees appeared.
The international practice of the last years witnesses that distinct principles of the conflict solving are being formed. First of all, it is the process of referendum for the independence. Referendums were already carried out or are planned in the East Timor, Eritrea, Quebec, Faroe Isles, Gibraltar, West Sahara, New Caledonia, Southern Sudan, Montenegro. The second important principle was formulated by the world community this way: the loss of the country its internationally recognized rights on any territory (sometimes even without its own consent) in the case that its government is unable to effectively govern according to the principles of democracy, respect for human rights, ethnic peace and regional stability. According to the opinion of many specialists, these principles became in fact the new principles of international rights. The last typical example is East Timor.
These both principles have the most immediate relation to the regulation of Karabakh versus Azerbaijan conflict. NKR was formed as a result of all-people referendum on the state independence, carried out in Nagorno-Karabakh on December 10, 1991, in the total conformity both with international law and with legislation of the existing at that time USSR (Law of USSR from April 3, 1990 on “On the order of the problem solving connected with the exit of one of the Union republic from the USSR”). With the presence of international observers on the pan-republican referendum, 99.89% of its participants voted for the independence of Nagorno-Karabakh Republic. Unlike the civilized position of many other states on analogical referendums, Azerbaijan responded to the referendum of NKR by wide-ranging aggression, policy of genocide and ethnic purges. The goal-oriented policy of the genocide against Armenian, carried out by any governing body of Azerbaijan, demonstrated convincingly and obviously the impossibility of the inclusion of Nagorno-Karabakh in Azerbaijan.
On the territory of former Azerbaijan SSR, with the total correspondence with international law and legislation of USSR, were formed 2 independent states – Nagorno-Karabakh Republic and Azerbaijan Republic. The declaration of the Republic of Azerbaijan of the legal succession on the heritage of Azerbaijan SSR is against the law. The legal successors are the both states: Nagorno-Karabakh Republic and Azerbaijan Republic. On March 11, 1999 in Strasbourg the European Parliament carried a resolution on Nagorno-Karabakh where it was mentioned that “in September 1991 Nagorno-Karabakh Autonomous Region declared its independence after the collapse of USSR and analogical declarations of former Union Republics”. Therefore, the international and legal validity of the declaration of Karabakh’s independence was in fact recognized, analogical to other republics of the former USSR.
Nagorno-Karabakh Republic has got enough basis for the membership in UNO. The governing body of Azerbaijan never had the right to govern Nagorno-Karabakh, was never elected by the people of Nagorno-Karabakh, never defended the interests of NKR and does not represent NKR in UNO. While not having representation in UNO, the people of Nagorno-Karabakh are deprived of the right to participate in the decision-making process, which can influence deeply on its public development, economy and security. UNO cannot ignore the fact that Azeri government is unable and is illegal to represent the citizens of NKR.
It is necessary to admit the right of Nagorno-Karabakh Republic for the state sovereignty and the right of choice of the people of Nagorno-Karabakh to an independent from Azerbaijan definition of its way of integration to the world community of nations.
UNO should admit the readiness and ability of Nagorno-Karabakh Republic to contribute into the development of world community. To pretend that NKR does not exist is unrealistic and impractical. If UNO intends to follow the high principles, declared in its own Statute, then it should at least give the possibility to the member-states to discuss the issue of the participation of NKR in the activities of UNO.
Article 4 of the Statute of UNO recites: membership in UNO is open to all peace-loving states which accept the responsibilities to follow all the requirements of this Statute and, according to opinion of the organization, can and will follow these principles. The notion of this formula, known as the principle of the general membership, is very simple: any country which wishes and is able to follow the requirements of UNO, has the right to enter UNO. It is obvious that Nagorno-Karabakh Republic answers all these terms.
Chief Secretary of UNO Cofi Annan fairly mentioned: “Decolonization – is the initiative of UNO, which can be justly called the history of success. But this history is not over yet. We must take the process to the end”. (“Commersant Vlast.” 20.02.2006. P. 54). One of the most important steps towards this aim is the final decolonization of Nagorno-Karabakh and membership of NKR in UNO.
The participation of NKR in UNO is necessary because it will help to prevent the realization of the plans of Azerbaijan governing body to apply force against NKR. The responsibility of the preservation of peace in the region lies on the international community. The participation of NKR in the work of UNO could act as a more effective tool for the preservation of peace and stability in the region.
Due to the fact that NKR does not have the status of member in UNO up to now, it is deprived of the possibility to sign different international documents in the frames of the system of UNO. Many documents of UNO have a universal character and solve the global problems of the humanity. NKR and world community are interested in the quick post-conflict rehabilitation and economic integration of the region. The globalization of world problems requires the new condition of interconnection and interdependence of the countries of the planet.
The final recognition by the international community the democratic and viable Nagorno-Karabakh Republic entirely entered into modern reality. Taluirein said that diplomacy is the art of cooperation with inevitability. One should add to it: with the inevitability of the recognition by world community the state independence of NKR...
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