{"id":29830,"date":"2019-03-08T01:33:22","date_gmt":"2019-03-07T23:33:22","guid":{"rendered":"http:\/\/norkhosq.net\/?p=29830"},"modified":"2019-03-08T01:33:22","modified_gmt":"2019-03-07T23:33:22","slug":"the-minsk-process-behind-the-words-and-principle","status":"publish","type":"post","link":"https:\/\/norkhosq.net\/?p=29830","title":{"rendered":"The Minsk Process: Behind the Words and Principle"},"content":{"rendered":"<div>\n<div>\n<div>\n<div>\n<div>\n<div>\n<figure style=\"width: 200px\" class=\"wp-caption alignleft\"><img loading=\"lazy\" decoding=\"async\" style=\"margin-left: 5px; margin-right: 5px;\" src=\"https:\/\/mirrorspectator.com\/wp-content\/uploads\/2018\/04\/AGKalfayan-200x300.jpg\" alt=\"\" width=\"200\" height=\"300\" \/><figcaption class=\"wp-caption-text\">Philippe Raffi Kalfayan<\/figcaption><\/figure>\n<p style=\"text-align: left;\"><strong>By Philippe Raffi Kalfayan<\/strong><\/p>\n<p style=\"text-align: left;\">The new Armenian government claims positive developments in the  settlement process of the Nagorno-Karabakh dispute, and officials offer  smiling faces when meeting with their Azerbaijani counterparts. But the  war rhetoric and the settlement principles have not changed so far. In  fact, consider the following: the demand by Armenia for the  participation of Artsakh Armenians\u2019 representative at the negotiations  is not yet a reality; that the cease-fire is regularly broken on the  front line; that the arms race is going strong on both sides; that  Pashinyan claims that no territory will be ceded to Azerbaijan while his  minister of foreign affairs speaks openly of making concessions. How do  we interpret these?<\/p>\n<p style=\"text-align: left;\">This writer suggests analyzing the principles on which the  settlement process rest. What legal realities are hidden behind the  terminology used? It is submitted that the Armenian side is unclear on  its objectives, that the Minsk process failed, and that Armenia should  reconsider other remedies and other forums.<\/p>\n<p style=\"text-align: left;\">The Minsk Group mandate and the Madrid Settlement Principles  still constitute the legal and political framework. Here is a bit of  background.<\/p>\n<p style=\"text-align: left;\">The Minsk Group spearheads the Organization for Security and  Cooperation in Europe (OSCE) efforts to find a peaceful solution to the  Nagorno-Karabakh conflict. It is co-chaired by France, the Russian  Federation and the United States.<!--more--><\/p>\n<p style=\"text-align: left;\">The mandate states that mediators \u201cwill be guided in their  activities by the principles and norms of the OSCE, the United Nations  Charter, decisions of the OSCE fora, including the decisions by the  Council of Ministers on March 24, 1992 and particularly the Budapest  Summit Decision, and as applicable <a rel=\"noopener noreferrer\" href=\"https:\/\/2001-2009.state.gov\/p\/eur\/rls\/or\/13508.htm\" target=\"_blank\">resolutions of the United Nations Security Council<\/a>.\u201d<\/p>\n<\/div>\n<\/div>\n<\/div>\n<p style=\"text-align: left;\">In 1996, the member states laid  out three principles as a legal basis for the peaceful settlement  process. The principles were as follows:<\/p>\n<p style=\"text-align: left;\">1) territorial integrity of Armenia and Azerbaijan; 2) legal  status of Nagorno-Karabakh, defined in an agreement based on  self-determination, which confers on Nagorno-Karabakh the highest degree  of self-rule within Azerbaijan; 3) and guaranteed security for  Nagorno-Karabakh and its population, including mutual obligations to  ensure the compliance by other parties with the provisions of the  settlement.<\/p>\n<p style=\"text-align: left;\">The Minsk Group \u201ccommon state deal\u201d proposal of November 1998  included a proposal concerning the Lachin corridor: \u201cThe question of the  use of the Lachin corridor by Nagorno-Karabakh for unimpeded  communication between Nagorno-Karabakh and Armenia is the subject of a  separate agreement, if other decisions on a special regime in the Lachin  district are not taken proceeding from the agreement between Azerbaijan  and Nagorno-Karabakh. The Lachin district must remain a permanently and  fully demilitarized zone.\u201d<\/p>\n<p style=\"text-align: left;\">The Basic Principles for a settlement were introduced by the  mediators in Madrid in November 2007. According to them, \u201cthey reflect a  reasonable compromise based on the Helsinki Final Act principles of  Non-Use of Force, Territorial Integrity, and the Equal Rights and  Self-Determination of Peoples. The Basic Principles call for inter alia:  (1) return of the territories surrounding Nagorno-Karabakh to  Azerbaijani control; (2) an interim status for Nagorno-Karabakh  providing guarantees for security and self-governance; (3) a corridor  linking Armenia to Nagorno-Karabakh; (4) future determination of the  final legal status of Nagorno-Karabakh through a legally binding  expression of will; (5) the right of all internally displaced persons  and refugees to return to their former places of residence; (6) and  international security guarantees that would include a peacekeeping  operation.<\/p>\n<p style=\"text-align: left;\">Those principles are supported by all international  organizations: United Nations, European Union, and Council of Europe.  They have never been denied by neither Armenia nor Azerbaijan.<\/p>\n<p style=\"text-align: left;\"><strong>What does the International Law says about Self-Determination?<\/strong><\/p>\n<\/div>\n<\/div>\n<\/div>\n<p style=\"text-align: left;\">Self-determination has been topical since  1945. The struggles for independence were often and still are fueled by  ideological or political projects; whether those are the cause or the  result of violent and persistent oppressions, most of the time from the  majority on the minority. Self-determination is a core political concept  in every separatist project. This is the reason why states and  international law try to prevent that threat.<\/p>\n<p style=\"text-align: left;\">The historical background of self-determination is related to the  disintegration of empires and formation of nation states at the end of  the 19th and early 20<sup>th<\/sup> centuries. President Wilson and his  \u201c14 points\u201d declaration in 1918 and the Lenin\u2019s statement on \u201cthe  socialist revolution and the right of nations to self-determination\u201d  converged to create favorable grounds for that process. The world-wide  decolonization movement accelerated after 1945. The Charter of United  Nations (1945) recognized in its article 1 that the development of  friendly relations among nations is \u201cbased on respect for the principle  of equal rights and self-determination of peoples\u2026\u201d The UN Resolution  1514 (1960) containing the <em>Declaration on the Granting of Independence to Colonial Countries and Peoples<\/em> accords specific rights to indigenous and colonized peoples. The last  example occurred on February 25, 2019. The International Court of  Justice (ICJ) decided that the process of decolonization of Mauritius  was not lawfully completed when that country acceded to independence in  1968, following the separation of the Chagos Archipelago; the United  Kingdom is under an obligation to bring to an end its administration and  all Member States are under an obligation to co-operate with the United  Nations in order to complete the decolonization of Mauritius. The  International Covenant on Civil and Political Rights (1966) said in its  article 1 that \u201cAll peoples have the right of self-determination. By  virtue of that right they freely determine their political status and  freely pursue their economic, social and cultural development.\u201d<\/p>\n<p style=\"text-align: left;\"><strong>Which \u2018Peoples\u2019 Have a Right to Self-Determination?<\/strong><\/p>\n<p style=\"text-align: left;\">The notion of people is essential and is still subject to legal  controversy because no clear definition has been given to it. State  practice rapidly circumscribed it to colonized peoples.\u00a0 The Supreme  Court of Canada\u2019s judgement in the case of the Quebec secession stated:  \u201cInternational law grants the right to self-determination to \u2018peoples\u2019.  Accordingly, access to the right requires the threshold step of  characterizing as a people the group seeking self-determination.\u00a0  However, as the right to self-determination has developed by virtue of a  combination of international agreements and conventions, coupled with  state practice, with little formal elaboration of the definition of  \u2018peoples\u2019, the result has been that the precise meaning of the term  \u2018people\u2019 remains somewhat uncertain.\u201d<\/p>\n<p style=\"text-align: left;\">In 1989, the UNESCO International Meeting of Experts for the  Elucidation of the study of the Concepts of Right of peoples, provided a  detailed and standard description of a \u201cpeople:\u201d \u201ca group of individual  human beings who enjoy some or all of the following common features:  (a) a common historical tradition; (b) a racial or ethnic identity; (c)  cultural homogeneity; (d) linguistic unity; (e) religious or ideological  affinity; (f) territorial connection; (g) common economic life.\u201d In  addition, the UNESCO Experts added that: \u201cThe group must be of a certain  number which need not be large [\u2026] but which must be more than a mere  association of individuals within a state\u201d; the group as whole must have  the will to be identified as a people or the consciousness of being a  people [\u2026]\u201d; and \u201cthe group must have institutions or other means of  expressing its common characteristics and will for identity.\u201d<\/p>\n<p style=\"text-align: left;\">The Quebec case has somewhat restricted the definition in order  to protect the territorial integrity of states: \u201cIt is clear that \u2018a  people\u2019 may include only a portion of the population of an existing  state<\/p>\n<p style=\"text-align: left;\">The protection of territorial integrity of states has been recalled in the UN Resolution 2625 (1970) containing the <em>Declaration on the Principles of International Law concerning Friendly Relations and Co<\/em><em>\u2011<\/em><em>operation among States in accordance with the Charter of the United Nations<\/em>.  The Declaration reaffirms the principle of equal rights of peoples and  self-determination but meets the expectations of States concerned about  it by asserting the principle of territorial integrity to prevent  misleading interpretation by secessionist movements or groups. However,  it creates a condition on states: they must possess a government  representing the whole people belonging to the territory without  distinction as to race, creed or color. Otherwise, the default of  compliance with the principles of representativeness of \u201cthe whole  people\u201d (which implicitly induce the majority and minority) belonging to  the territory, may, as a last resort, authorize the questioning of the  territorial integrity.<\/p>\n<p style=\"text-align: left;\">It is considered that the theory of \u201cremedial secession,\u201d also  referred to as external self-determination principle, is rooted into  that Declaration.<\/p>\n<p style=\"text-align: left;\"><strong>Nagorno-Karabakh Scenario Exclusively Based on Self-Determination<\/strong><\/p>\n<p style=\"text-align: left;\">Self-determination, therefore, is a process and remedy respecting  territorial integrity and its implementation is not possible without  the consent of the sovereign state, because it relies upon the  democratic and rule of law principles.<\/p>\n<p style=\"text-align: left;\">Those are the principles currently constituting the framework  imposed by the OSCE and enshrined in the Madrid Principles. In other  words, Azerbaijan agreed to provide the \u201chighest degree of autonomy\u201d to  Karabakh Armenians and a secured and demilitarized physical link to  Armenia (Lachin corridor) under the surveillance of a mechanism or a  force, still subject to negotiation. Armenia is silent since many years  about this reality and one must come to the evidence that if they may  still discuss on this matter, it is clear that they have not rejected  those principles. One must also bear in mind that the OSCE mandate is  clear on the implementation of the four UN Security Council resolutions  adopted in 1993, which requested the withdrawal from the occupied  districts of Zangelan, Aghdam, Kelbajar and from the city of Goradiz. In  sum, Armenia may lose its border with Iran and the security of  Nagorno-Karabakh Armenians would depend on a hypothetical security  mechanism, the efficiency of which in other disputed contexts proved to  be unlikely and not guaranteed.<\/p>\n<p style=\"text-align: left;\">Is this process also agreed to by the Nagorno-Karabakh Armenians  and their elected representatives? If so, when did they agree to such a  plan? What gives the right to the Armenian government to state that,  following the change of leadership, new conditions, more propitious for a  settlement, have been reached? Unable to respond to those questions,  one may however observe that Armenia has unclear objectives while  Azerbaijan firmly maintains its own. The permanence of the Azerbaijani  team of negotiators is not the only difference explaining this matter of  fact.<\/p>\n<p style=\"text-align: left;\">It is important to note that some divergences appeared recently  between the statements of Nagorno-Karabakh and those of Armenian  government. Moreover, the diplomatic objectives seem at odds too:  Armenia negotiates on the basis of the Madrid Principles while the  Nagorno-Karabakh leadership and \u201cambassadors\u201d are lobbying for the  political recognition of the NKR independence by third parties. There  may be some secret agreement to pursue parallel strategies but in the  end, the picture is blurry for foreign observers, including for the  mediators. What are the Armenians looking for? Is the objective the  independence of Nagorno-Karabakh or is it the self-determination of its  Armenian population? What about the security in both scenarios? How can  one negotiate with such uncertainties about the final plan? Those  questions are all the more relevant that Nagorno-Karabakh Armenians are  not participants in the negotiations while they are the ones whose fate  and security is primarily at stake.<\/p>\n<p style=\"text-align: left;\">In addition, while Armenia works exclusively within the political  process imposed by the Minsk group, Azerbaijan also has taken a series  of legal initiatives to reinforce its firm demand for the implementation  of UN Resolutions and the respect of international law for its  sovereignty and territory.<\/p>\n<p style=\"text-align: left;\"><strong>Multi-Layered Legal Activism of Azerbaijan<\/strong><\/p>\n<p style=\"text-align: left;\">On March 14, 2008, the UN General Assembly adopted a resolution  reaffirming the territorial integrity of Azerbaijan, demanding the  withdrawal of all Armenian forces. It was adopted 39-7, with 100  abstentions. The introduction and adoption of this bill shows the  unequal power dynamic as well as lobbying efforts in international fora.<\/p>\n<p style=\"text-align: left;\">A letter dated April 10, 2017 from the Permanent Representative  of Azerbaijan to the United Nations addressed to the Secretary-General  sought a legal opinion on third party obligations with respect to  illegal economic and other activities in the occupied territories of  Azerbaijan. Based on the International Law Commission articles on state  responsibility for international wrongful acts, this document is the  basis of further bilateral legal actions against third party countries.  For example, France is a target. Departmental prefects (representatives  of French Sate in local self-governing bodies) sued in 2018 the mayors  of municipalities having adopted and signed friendship agreements with  Nagorno-Karabakh municipalities.<\/p>\n<p style=\"text-align: left;\">We must be mindful of the lawsuits brought by former Azerbaijani  inhabitants of Nagorno-Karabakh claiming restitution or compensation for  their lost properties. The first case <em>Chiragov and al v. Armenia<\/em>,  (Azerbaijani Kurds from the Lachin district), ended in a condemnation  of the Republic of Armenia by the Grand Chamber of the European Court of  Human Rights on June 16, 2015. It has been recognized as having  effective control over the territory of Nagorno-Karabakh and surrounding  territories and condemned to compensate the dispossessed individuals.  The Court stopped short of assessing the global political context and  self-determination and secession issues inherent to the case.<\/p>\n<p style=\"text-align: left;\">It is then urgent for the Republic of Armenia and  Nagorno-Karabakh leadership to shake out of its torpor and engage in a  different political and legal strategy. The Minsk process is a dead-end  settlement process if the vital interests of Nagorno-Karabakh Armenians  and of Armenia are to be protected. It does not mean that concessions  are not necessary but the current settlement principles and  implementation steps don\u2019t meet the expectations of Armenian Nation, and  primarily those of Nagorno-Karabakh Armenians.<\/p>\n<p style=\"text-align: left;\"><strong>NKR vs. Kosovo <\/strong><\/p>\n<p style=\"text-align: left;\">The current official Nagorno-Karabakh line is to lobby for the  political recognition of its declaration of independence, taking as  model the Kosovo case. It is noteworthy that this option is a failure so  far: no state has ever recognized its sovereignty as an independent  state under international law, not even Armenia. Therefore, let us look  more closely at the International Court of Justice (ICJ) advisory  opinion <em>Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo<\/em> and the stances of Russia, France and the US in this case.<\/p>\n<p style=\"text-align: left;\">Serbia raised the question at the ICJ. Russia supported the  jurisdiction of the court as regards the question, while the Western  bloc, namely France, argued against the court jurisdiction to provide an  opinion on that subject-matter. The Court recalled that it has  repeatedly stated that the fact that a question has political aspects  does not suffice to deprive it of its character as a legal question and  recognized its jurisdiction. It further reasoned that : \u201cthe declaration  of independence of Kosovo adopted on 17 February 2008 must be  considered within the factual context which led to its adoption\u201d and  noted that \u201cthe scope of the principle of territorial integrity is  confined to the sphere of relations between States\u201d to conclude that \u201c  it was not necessary, in the present case, to resolve the question  whether, outside the context of non-self-governing territories and  peoples subject to alien subjugation, domination and exploitation, the  international law of self-determination confers upon part of the  population of an existing State a right to separate from that State, or  whether international law provides for a right of \u2018remedial secession\u2019  and, if so, in what circumstances.\u201d<\/p>\n<p style=\"text-align: left;\">Finally one can observe that while the Security Council has  condemned the particular declarations of independence, in all of those  instances it was making a determination as regards the concrete  situation existing at the time that those declarations of independence  were made. Hence the opinion considered that general international law  contains no applicable prohibition of declarations of independence.  Accordingly, it concludes that the declaration of independence of Kosovo  did not violate general international law.<\/p>\n<p style=\"text-align: left;\">It must however be noted that the US and the Special Envoy of the  United Nations to Kosovo during the interim administration of the  territory did favor the objective of independence. At the time of the  ICJ opinion (2010), 55 states had already recognized Kosovo\u2019s  independence.<\/p>\n<p style=\"text-align: left;\">France argued in its amicus brief that it is a matter for each  state to determine whether or not it recognizes the existence of Kosovo.<\/p>\n<p style=\"text-align: left;\">The US argued in its amicus brief that declarations of  independence, standing alone, present matters of fact, which are neither  authorized nor prohibited by international law and that Kosovo\u2019s  declaration of independence was in accordance with Security Council  Resolution 1244. They concluded like France that at the point that  Kosovo declared independence, however, there was no longer a viable  political option or an ongoing future status process.<\/p>\n<p style=\"text-align: left;\">The Russian Federation argued that the unilateral declaration of  independence of Kosovo is not in accordance with Resolution 1244 and not  in accordance with international law. They argued that outside the  colonial context, international law allows for secession of a part of a  State against the latter\u2019s will only as a matter of self-determination  of peoples, and only in extreme circumstances, when the people concerned  is continuously subjected to most severe forms of oppression that  endangers the very existence of the people. The population of Kosovo  faced no risk of oppression in 2008.<\/p>\n<p style=\"text-align: left;\">The Russian Federation\u2019s stance was based on the law, while that of France and the US were political stances.<\/p>\n<p style=\"text-align: left;\">Considering that none of the three countries that mediate the  settlement and negotiation process between Armenia and Azerbaijan have  taken a firm position on the independence of Nagorno-Karabakh and  instead stick to the Madrid Principles, it may be deduced that the  option is not viable at present, although the situation may change.<\/p>\n<p style=\"text-align: left;\"><strong>\u2018Remedial Secession\u2019 against Referral Secession of Quebec<\/strong><\/p>\n<p style=\"text-align: left;\">As it has been demonstrated supra the legal instruments and the  state practice recognize the right to external self-determination under  extreme conditions. The Supreme Court of Canada said: \u201cinternational law  does not specifically grant component parts of sovereign states the  legal right to secede unilaterally from their \u201cparent state\u201d\u00a0 but  international law contains neither a right of unilateral secession nor  the explicit denial of such a right, although such a denial is, to some  extent, implicit in the exceptional circumstances required for secession  to be permitted under the right of a people to self-determination (\u2026)  and that one of those exceptional circumstances is when the people is  oppressed, i.e. victim of attacks on its physical existence or  integrity, or of a massive violation of its fundamental rights. The  Court made (its or theirs) the conclusions of the Canadian Government  amicus brief, which stated that \u201cthe Quebec people is not the victim of  attacks on its physical existence or integrity, or of a massive  violation of its fundamental rights.\u00a0 The Quebec people is manifestly  not, in the opinion of the amicus curiae, an oppressed people.\u201d<\/p>\n<p style=\"text-align: left;\">To sum up, three conditions emerge in the doctrine and in the  jurisprudence for authorizing a reconsideration of territorial  integrity: (1) Default of compliance with the principles of  representativeness of \u201cthe whole people\u201c; (2) Gross breaches of  fundamental human rights, particularly threats over the physical  integrity of the people; (3) No likelihood for a possible peaceful  solution within the existing State structure. Secession is therefore  envisioned as an ultimate remedy.<\/p>\n<p style=\"text-align: left;\"><img loading=\"lazy\" decoding=\"async\" class=\"aligncenter\" src=\"https:\/\/mirrorspectator.com\/wp-content\/uploads\/2019\/03\/Kalfayan-1024x571.jpeg\" alt=\"\" width=\"640\" height=\"357\" \/><\/p>\n<p style=\"text-align: left;\">Were Nagorno-Karabakh Armenians in that situation at the time of  the secession? Admittedly they were not, are the conditions met today  for applying to that remedy?<\/p>\n<p style=\"text-align: left;\">The first condition is not relevant in the current context.  However, the refusal of Azerbaijan to conduct a referendum on  self-determination as prescribed by the Soviet Union Constitution and in  consideration of the pogroms that took place instead in Sumgait,  Kirovabad and Baku in 1988-1990, in response to the peaceful demand of  Nagorno-Karabakh Armenians for self-determination, one may consider that  the first and second conditions that led to the declaration of  independence and further to the <em>de facto<\/em> secession of the  state-territory, were met in 1991. The second condition is even more  topical at present. The third condition is reflected in the analysis <em>supra<\/em>:  neither the Nagorno-Karabakh Armenians, nor the Armenian Nation is  ready to accept the principle of self-determination as it is foreseen in  the law and in the Madrid Principles: the Minsk Process reveals a  dead-end after more than 25 years of negotiation.<\/p>\n<p style=\"text-align: left;\"><strong>Legal Grounds for Remedial Secession <\/strong><\/p>\n<p style=\"text-align: left;\">The hate speech disseminated by the Azerbaijani Executive and  Legislative is a major argument for not trusting any guarantee that  Azerbaijani may provide for the security of Nagorno-Karabakh Armenians.<\/p>\n<p style=\"text-align: left;\">The European Commission against Racism and Intolerance (ECRI)  reported (March 2016): \u201calmost all of the 196 hate-speech items dealing  with ethnic conflicts were targeted at Armenians. Politicians and civil  servants were the main disseminators of hate speech, followed by  journalists.\u201d Other sources confirm recurrent hate speech towards  Armenians, which is connected to the conflict over Nagorno-Karabakh, the  frequent ceasefire violations at the contact line and the resulting  deaths and injuries.<\/p>\n<p style=\"text-align: left;\">The Advisory Committee of the Framework Convention for the  Protection of National Minorities for example noted \u201ca persistent public  narrative surrounding the conflict over Nagorno-Karabakh identifying  invariably Armenia or Armenians as \u2018the enemy\u2019 and openly promulgating  hate messages\u201d.<\/p>\n<p style=\"text-align: left;\">This hate speech materialized also in egregious war crimes or  barbaric behavior. Witness the \u201cApril war\u201d crimes (April 2-6, 2016). In  the village of Talish (Nagorno-Karabakh), three elderly members of the  Khalapyan family, including 92-year-old Marusya Khalapyan, were brutally  killed. Three servicemen, Hrant Gharibyan, Hayk Toroyan and Kyaram  Sloyan were beheaded by Azerbaijani military in the vicinity of Talish.  Photos of Azerbaijani soldiers posing with the head of Kyaram Sloyan  were shared on social networks. Eighteen other servicemen were listed as  missing in action. Their bodies later transferred to the Armenian side  had signs of torture and mutilation. There is an encouragement to murder  Armenians at the highest level of the Azerbaijani state. For an  example, Gurgen Margaryan, a lieutenant in the Armenian Armed Forces,  was hacked to death in his sleep by Azerbaijani Lieutenant Ramil Safarov  in Budapest, Hungary (February 2004). Both men were participating in a  NATO-sponsored English-language training course in Hungary within the  framework of the \u201cPartnership for Peace\u201d program. Safarov was sentenced  to life imprisonment but under questionable circumstances was extradited  to Azerbaijan in 2012, where he received a hero\u2019s welcome.<\/p>\n<p style=\"text-align: left;\">Azerbaijan today is the most active sponsor of denialist groups  as regards the Genocide of Armenians committed by the Ottoman Turkish  government. Armenians are presented as enemies and murderers (Khojaly).\u00a0  Anzhela Elibegova, the author of a book on Armenophobia writes:  \u201cArmenians are the perfect external enemy for Azerbaijani authorities,  who use the current situation to aim their propaganda machine in the  necessary direction, falsify history and disseminate Armenophobia  domestically.\u201d<\/p>\n<p style=\"text-align: left;\">At last, the threats toward the Armenian nation are quite clearly  formulated. Elman Mammadov, an Azerbaijani MP said: \u201cIt is not clear  why Turkey tolerates Armenian people on its lands. What is the reason  Turkey does not require Armenians to free their lands? Turkey should be a  state without Armenians [\u2026].\u00a0 If Turkey and Azerbaijan unite, they may  wipe Armenia off the map of the world.\u00a0 Armenians should beware of this  [\u2026].\u201d Hafiz Hajiyev, a leader of the New Musavat Party said: \u201cOur sons  will set the nuclear plant in Armenia to explode so that no Armenian is  left in that territory.\u201d<\/p>\n<p style=\"text-align: left;\">The refusal of entry into Azerbaijan of any national of Armenian  descent illustrates openly the level of intolerance. By a declaration on  11 January 2019 Russian MFA spokeswoman Maria Zakharova slammed  Azerbaijani authorities for discrimination against Russian citizens of  Armenian origin in Azerbaijan.<\/p>\n<p style=\"text-align: left;\"><strong>Need for Total Reconsideration<\/strong><\/p>\n<p style=\"text-align: left;\">It is submitted that the current official policy of racial  discourse by Azerbaijan will lead to the elimination by any means of  Armenians from Nagorno-Karabakh, further threatening Armenia. It is no  longer possible to implement any internal self-determination or autonomy  principle. As a result, the current diplomatic process should recognize  that fact and its consequences, namely the compliance with external  self-determination conditions.<\/p>\n<p style=\"text-align: left;\">The right of peoples to freely dispose of themselves, as derived  from the UN Charter and from the practice of United Nations. Its  corollary, the right to secede, is formally neither authorized nor  prohibited (Kosovo, Quebec), it is conditioned (Quebec).<\/p>\n<p style=\"text-align: left;\">The formation of nation states is not over. Thirty states have  been created since 1990 (after the disintegration of the Eastern  European Bloc), 60 states in 50 years, and 129 since 1941  (decolonization and remedial secessions). There is no reason why the  will of Nagorno-Karabakh Armenians to seek independence, while their  existence is constantly threatened, should be ignored.<\/p>\n<p style=\"text-align: left;\">Without legality, sovereignty is merely a de facto power, the  effectiveness of which only depends on the balance of power, and which  is therefore only a decoy, especially for weak states.<\/p>\n<p style=\"text-align: left;\">There must be an end to the current OSCE mandate as it is defined  and all the fundamentals of the settlement plan must be reconsidered.  The passive attitude of Armenia in the legal field and its exclusive  reliance upon the political process create a detrimental legal and  political situation to Nagorno-Karabakh Armenians and their  self-determination.<\/p>\n<p style=\"text-align: left;\">&nbsp;<\/p>\n<p style=\"text-align: left;\"><em>[Philippe Raffi Kalfayan is a Lawyer, Lecturer in International  Law and a former Secretary General of FIDH (International Federation of  Human Rights). He is a regular columnist for the\u00a0Mirror-Spectator.]<\/em><\/p>\n<p style=\"text-align: left;\"><a href=\"https:\/\/mirrorspectator.com\/2019\/03\/07\/the-minsk-process-behind-the-words-and-principles\/\" target=\"_blank\">https:\/\/mirrorspectator.com<\/a><\/p>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>By Philippe Raffi Kalfayan The new Armenian government claims positive developments in the settlement process of the Nagorno-Karabakh dispute, and officials offer smiling faces when meeting with their Azerbaijani counterparts.&hellip;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-29830","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/norkhosq.net\/index.php?rest_route=\/wp\/v2\/posts\/29830","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/norkhosq.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/norkhosq.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/norkhosq.net\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/norkhosq.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=29830"}],"version-history":[{"count":1,"href":"https:\/\/norkhosq.net\/index.php?rest_route=\/wp\/v2\/posts\/29830\/revisions"}],"predecessor-version":[{"id":29831,"href":"https:\/\/norkhosq.net\/index.php?rest_route=\/wp\/v2\/posts\/29830\/revisions\/29831"}],"wp:attachment":[{"href":"https:\/\/norkhosq.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=29830"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/norkhosq.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=29830"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/norkhosq.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=29830"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}