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Armenia and Azerbaijan spar over Pashinyan’s proposal for interim treaty

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Armenian PM Nikol Pashinyan’s speech at the “Yerevan Dialogue” international conference (Photo: RA Prime Minister’s Office, September 10, 2024)

YEREVAN—During the “Yerevan Dialogue” international forum on September 10, Armenian Prime Minister Nikol Pashinyan addressed the pressing question of whether lasting and stable peace is achievable in the South Caucasus, asserting that it is both possible and realistic. 

In his speech, Pashinyan detailed the progress in treaty negotiations between Armenia and Azerbaijan. He noted that approximately 80 percent of the draft treaty has been agreed upon, including 13 articles and the preamble. He proposed that the agreed portions of the treaty be signed to establish a fundamental framework, while continuing further discussions on the remaining issues. One agreed article includes a mechanism for ongoing dialogue between the parties. The treaty provisions also address the establishment of diplomatic relations between Armenia and Azerbaijan.

Pashinyan also addressed the border delimitation process, reporting recent progress with last week’s signing of a regulation on joint activity by the Armenia-Azerbaijan border demarcation commissions. This regulation incorporates the Almaty Declaration as the foundational principle for the demarcation process.

However, Pashinyan criticized the implementation of the November 9, 2020 tripartite ceasefire agreement, which he argued has not been fully realized. He highlighted two specific points. First, in light of the ethnic cleansing of the Armenians of Artsakh through depopulation, the return of internally displaced persons and refugees to the region, as stipulated in point seven of the statement, has not occurred. Second, point eight of the statement, which calls for the exchange of prisoners of war, hostages and the remains of deceased persons, remains unfulfilled, with Armenian detainees still held in Azerbaijan.

Additionally, Pashinyan raised concerns about Azerbaijan’s 1991 Constitutional Act, which he said contains territorial claims against Armenia. Referring to historical maps and declarations from the 1919 Paris Peace Conference and the League of Nations, he said that the act includes claims to Armenian provinces such as Syunik and Vayots Dzor.

The Ministry of Foreign Affairs of Azerbaijan issued a rebuttal to these statements on September 10. Foreign Ministry spokesperson Aykhan Hajizada called Pashinyan’s remarks regarding the peace agreement and the November 9 trilateral statement “distortions of reality.”

Hajizada criticized Pashinyan’s offer to sign the incomplete draft peace agreement and delay the resolution of remaining bilateral issues. He emphasized that for a lasting peace between Azerbaijan and Armenia, Armenia must address what he called territorial claims enshrined in its legal and political documents, including its Constitution.

Hajizada also denounced the comparison between Azerbaijan’s legal framework and Armenia’s Constitution. He said that Azerbaijan’s 1991 Constitutional Act and the Declaration of Independence of 1918, referenced in its Constitution, do not contain territorial claims against Armenia.

Constitutional reforms have been a sticking point in Armenia-Azerbaijan negotiations. Azerbaijan has demanded that Armenia revise its Constitution, which currently includes a reference to the 1989 decision on the reunification of Armenia and Artsakh. 

The Foreign Ministry also addressed accusations regarding its treatment of Armenian refugees and prisoners of war. It denied that Artsakh’s Armenian population was ethnically cleansed, asserting that Armenians left the region as a consequence of “anti-terrorism measures” rather than state-sponsored activity by Azerbaijan. Regarding the return of prisoners of war, Hajizade asserted that Azerbaijan is under no obligation to release the detained military and political leaders from Artsakh. “Azerbaijan, adhering to humanitarian principles, has already transferred all prisoners of war to Armenia,” he said, adding that Azerbaijan is not obligated to release imprisoned Artsakh leadership.

This back and forth follows Armenian Foreign Minister Ararat Mirzoyan’s announcement on September 9 that Armenia has delivered a tenth draft of the peace treaty to Baku. The announcement came during a joint press conference with Xavier Bettel, deputy prime minister and minister of foreign affairs of Luxembourg.

Mirzoyan said that the draft includes the finalized articles and portions of several others. He expressed optimism about reaching an agreement in the near future. “We are awaiting Azerbaijan’s response and believe there is a real opportunity to finalize the peace agreement shortly,” he stated.

Mirzoyan said that Armenia is prepared to sign the agreed portions of the treaty. He noted that while some issues remain unresolved, these can be addressed in future negotiations if both parties are willing. “Our approach is to sign the text that has already been agreed upon. It is not feasible to resolve all issues with a single agreement; remaining matters can be handled in subsequent discussions,” Mirzoyan said.

Regarding rumors that control over a road connecting Azerbaijan to Nakhichevan through Syunik will be given to a private company, Mirzoyan reiterated Armenia’s position against involving third parties, whether state or private. “The presence of any third party in control along the railway is unacceptable to us. Our stance on this issue remains unchanged,” he said.

Mirzoyan suggested that to enhance safety, a licensed private security company could be used by both countries to escort cargo or passengers, ensuring added protection without involving third-party control over infrastructure.

Meanwhile, at the start of the new session of the Armenian National Assembly on September 10, Artur Khachatryan, a deputy from the “Hayastan” faction, raised concerns about the exclusion of opposition parties from reviewing the peace agreement documents. 

Khachatryan said that while four opposition MPs were allowed to view the seventh and eighth versions of the agreement, their access was revoked after Azerbaijan expressed its dissatisfaction. He questioned whether opposition members are now permitted to examine these documents or if such decisions are made arbitrarily by the Foreign Ministry.

In response, parliament speaker Alen Simonyan clarified that state bodies have the authority to set procedures for disclosing state secrets, according to national legislation. 

Khachatryan responded that if access to these documents is above authorized privacy levels, those responsible for granting such access should be held accountable. He called for a clear and transparent answer as to why opposition parties are prohibited from reviewing the treaty draft. 

Additionally, Khachatryan challenged Simonyan’s assertion that the president of Artsakh dissolved the Republic of Artsakh through his formal signature in September 2023. Khachatryan said that the Artsakh Constitution does not address the dissolution of the state, arguing that the president signed the document to prevent violence, as Azerbaijani forces were reported to have begun attacking Artsakh civilians following the Armenian military’s withdrawal.

Khachatryan further criticized the fact that the dissolution document and the Armenian Armed Forces’ decision to withdraw were not publicized at the time. He questioned why the discussion was based solely on the dissolution document when both documents in question were unavailable for review.

In response, Simonyan dismissed the existence of a president of Artsakh, stating that the only relevant legal framework is the Constitution of the Republic of Armenia. Simonyan announced that, given the non-existence of Artsakh officials, the commission to facilitate inter-parliamentary relations between Armenia and Artsakh should be dissolved.

Gagik Baghunts, acting speaker of the Artsakh National Assembly, issued a formal response to Simonyan’s statement. Baghunts quoted Mark Twain, saying, “The news of my (Artsakh’s) death is greatly exaggerated.” He said that despite the challenges faced by Artsakh, including the ethnic cleansing of September 2023, the National Assembly of Armenia remains accountable to the people of Artsakh, having been elected to serve a five-year term.

Baghunts asserted that Armenian officials and deputies continue to be responsible for the welfare of Artsakh Armenians, working to ensure their safety and eventual return to their homeland. He also noted that while mechanisms for dissolving the commission are in place, inter-parliamentary and friendly relations between Artsakh and various countries, including France, Cyprus, Greece and Belgium, are ongoing.

Author information

Hoory Minoyan

Hoory Minoyan

Hoory Minoyan was an active member of the Armenian community in Los Angeles until she moved to Armenia prior to the 44-day war. She graduated with a master's in International Affairs from Boston University, where she was also the recipient of the William R. Keylor Travel Grant. The research and interviews she conducted while in Armenia later became the foundation of her Master’s thesis, “Shaping Identity Through Conflict: The Armenian Experience.” Hoory continues to follow her passion for research and writing by contributing to the Armenian Weekly.

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