"Armenia's suicide" or interference in internal affairs? Commentary on the statement from Baku
Does Armenia’s constitution hinder a peace treaty?
Official Yerevan has labeled as “gross interference in the country’s internal affairs” the recent statement by Azerbaijani president Ilham Aliyev that Armenia must amend its constitution for a peace treaty to be signed between the two countries.
At a meeting with representatives of the Parliamentary Assembly of Turkic States on June 6, Ilham Aliyev reiterated earlier claims that Armenia’s constitution contains territorial claims against Azerbaijan. However, Armenian authorities have repeatedly and categorically stated that Armenia has no territorial claims against any neighboring country, including Azerbaijan.
Indeed, Armenia’s constitution does not contain statements that could cast doubt on this stance. However, it does reference the Declaration of Independence, which mentions a joint resolution by the Supreme Council of the Armenian SSR and the National Council of Nagorno-Karabakh from December 1, 1989, “On the Reunification of the Armenian SSR and Nagorno-Karabakh.”
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The quote from the Declaration of Independence of Armenia:
“The Supreme Council of the Armenian Soviet Socialist Republic
Expressing the united will of the Armenian people;
Aware of its historic responsibility for the destiny of the Armenian people engaged in the realization of the aspirations of all Armenians and the restoration of historical justice;
Proceeding from the principles of the Universal Declaration on Human Rights and the generally recognized norms of international law;
Exercising the right of nations to free self-determination;
Based on the December 1, 1989, joint decision of the Armenian SSR Supreme Council and the Artsakh National Council on the “Reunification of the Armenian SSR and the Mountainous Region of Karabakh;”
Developing the democratic traditions of the independent Republic of Armenia established on May 28, 1918;
Declares the beginning of the process of establishing of independent statehood positioning the question of the creation of a democratic society based on the rule of law”.
Here’s what Ilham Aliyev said regarding the constitution of Armenia
“The conclusion of a peace treaty between Armenia and Azerbaijan while Armenia’s current constitution remains unchanged is simply impossible. We cannot conclude a peace agreement with Armenia while it has territorial claims against us. Comparing the military, demographic, and economic potential of Armenia and Turkey, and then having territorial claims against Turkey, is suicide. Or having territorial claims against Azerbaijan after the events of 2020 and 2023 is also, in general, close to suicide,” stated Azerbaijani president Ilham Aliyev.
Exchange of statements between the foreign ministers of the two countries that preceded Aliyev’s speech
On June 4, Armenian foreign minister Ararat Mirzoyan stated in parliament that the constitutions of Armenia and Azerbaijan cannot legally be an obstacle to establishing long-term peace. He assured that the question of amending the constitutions of Armenia or Azerbaijan is not being discussed within the framework of peace negotiations.
In response, Azerbaijani foreign minister Jeyhun Bayramov deemed parallels between the constitutions of the two countries unacceptable. He declared that “the constitution of Azerbaijan contains no territorial claims against Armenia, while the constitution of Armenia, along with other legislative acts, includes territorial claims against neighboring countries, including Azerbaijan.”
Armenia’s MFA: “Discussions on constitutional amendments have been ongoing in the country since 2018, while Baku is sabotaging the peace process”
Armenia’s Ministry of Foreign Affairs regarded the statements by the president of Azerbaijan as “gross interference in internal affairs.” Armenian diplomats reminded that discussions on constitutional amendments began in the country as early as 2018. They stated that Baku’s attempt to interfere in the internal affairs of the country “undermines the peace process and raises doubts about the sincerity of Azerbaijan’s leadership in achieving peace.”
The Armenian Ministry of Foreign Affairs emphasized that the draft peace agreement under discussion with Baku includes conditions that already guarantee the absence of territorial claims against each other.
Specifically, the preliminary agreement text states:
- The parties recognize each other’s territorial integrity and have no territorial claims against each other;
- Neither party can invoke its domestic legislation to avoid fulfilling its obligations under the agreement.
Accordingly, official Yerevan believes that the best way to “dispel all concerns of the parties is to sign the agreement.”
Armenia’s Ministry of Foreign Affairs also announced readiness to “constructively and intensively work” on the text of the peace treaty and sign it within a month.
Commentary
“By this statement, Baku attempts to portray Yerevan as the destructive party in the negotiations. However, this attempt is unsuccessful, as the international community has witnessed Armenia’s constructive approach,” said political analyst Areg Kochinyan to JAMnews.
“In recent months, Armenia has essentially abandoned the Karabakh issue, agreed to start delimitation and demarcation through concessions on its part. Yerevan has always acted extremely constructively.
It is evident that this statement [about amending Armenia’s constitution] harms the signing of a peace treaty and pushes its conclusion further away. This is a step back compared to the progress in negotiations and the positive dynamics of recent months.
The constitution is not an obstacle to signing a peace treaty. As for Aliyev’s demand, it is important to understand whether it is a condition for continuing the negotiation process. Until recently, such a precondition did not exist.
It would be appropriate for the Ministry of Foreign Affairs to issue a statement and clarify whether such a demand was made during the meeting in Almaty, where the Foreign Ministers of Armenia and Azerbaijan met. Additionally, in the subsequent meeting, it should be clarified if Azerbaijan is imposing this precondition.
Armenia’s constitution does not contain territorial claims against Azerbaijan. In any case, it would be helpful if some competent body, such as the Constitutional Court, provided clarification on this issue.
The sides have never been closer to signing an agreement than they are now. Indeed, it is possible to sign a peace treaty between Armenia and Azerbaijan within a month if there is no precondition to amend the constitution.
If such a condition is included in the negotiation process, signing the agreement will become unrealistic.”
Baku has proposed to address the OSCE together with Yerevan for the abolition of the Minsk Group
Continuing the discussion on territorial claims, the president of Azerbaijan announced that Armenia has been offered to jointly appeal to the OSCE “for the dissolution of the Minsk Group for the settlement of the Nagorno-Karabakh conflict.”
Aliyev believes that since the structure is not functioning, it should also be legally abolished.
“This will show how sincere Armenia is. If Armenia prefers to keep the Minsk Group, it means that their territorial claims against us continue,” said Ilham Aliyev.
He also touched upon the process of delimitation and demarcation of the border, particularly the return of four villages in the Gazakh region to Azerbaijan, which occurred “without a single shot fired.”
According to Ilham Aliyev, “this proves that issues can be resolved peacefully.”
Commentary
“By proposing its dissolution, Azerbaijan seeks to legally close all issues within the framework of international law, as it has already done on the ground,” said political analyst Areg Kochinyan to JAMnews.
“If the Minsk Group is to be abolished, then by the same logic, the joint statement of November 9, 2020 [on the cessation of hostilities in Karabakh] and subsequent trilateral agreements should also be annulled.
Armenia’s negotiators would be wise not to reject this proposal but to put forward their own counter-initiatives — regarding the cancellation of these agreements.
However, it would be ideal for Armenia if Azerbaijan agreed to sign a peace treaty before the dissolution of the Minsk Group and the annulment of the trilateral agreements.”
Does Armenia’s constitution hinder a peace treaty?
