The conflict over the Nagorno-Karabakh region dealt with by the OSCE Minsk Conference

Doc. 10685

26 September 2005

The conflict over the Nagorno-Karabakh region dealt with by the OSCE Minsk Conference
Recommendation 1690 (2005)

Reply from the Committee of Ministers

adopted at the 938^th meeting of the Ministers’ Deputies (21 September 2005)

1. The Committee of Ministers has considered Recommendation 1690 (2005) with close attention and as far as the Nagorno-Karabakh conflict is concerned, wishes to recall the position taken by the Heads of State and Government of the Council of Europe regarding unresolved conflicts in Europe, at their Third Summit in Warsaw on 16-17 May 2005. Recalling their concern about these conflicts, which put at risk the security, unity and democratic stability of member states and threaten the populations concerned, they affirmed their willingness to work together for reconciliation and in order to find political solutions in conformity with the norms and principles of international law.

2. It notes with satisfaction the continuation of direct dialogue on a peaceful settlement of this conflict in the framework of the Prague process and in the full respect of international law (in particular principles 4 and 8 of the “Helsinki Final Act” (1975) on the territorial integrity of states and the right of peoples to

self-determination). It reiterates its full support for the success of this dialogue and, in this respect, for the work of the co-chairs of the Minsk Group.

3. The Committee of Ministers urges all the parties concerned to comply with United Nations Security Council Resolutions 822 (1993), 853 (1993), 874 (1993) and 884 (1993) and with the decisions of the OSCE on this conflict. It notes, however, that monitoring respect for these resolutions and decisions does not fall within its competence. It has drawn the attention of the governments of member states to paragraph iii of the Recommendation and to the need to refrain from any measures or statements which could prejudice the peaceful settlement of the conflict.

4 As for the Council of Europe, the Committee of Ministers recalls that simultaneous accession by both countries to the Organisation had been agreed in the hope that it could help to establish the climate of trust necessary for a peaceful solution to the conflict in Nagorno-Karabakh.

5. In its area of competence, the Committee of Ministers continues its own efforts to promote such a solution in the context of its monitoring of the honouring of Armenia’s and Azerbaijan’s commitments within the Council of Europe. The group (GT-SUIVI.AGO) which it has established for this purpose conducts regular discussions at the highest levels in both Armenia and Azerbaijan on the settlement of the

Nagorno-Karabakh conflict. This was again the case, recently, during a visit which a delegation of the group paid to the two countries at the end of June 2005. These talks are reflected in the group’s last report, which has just been communicated to the Parliamentary Assembly. In the light of the conclusions of this report, the Committee of Ministers has “encouraged the authorities in the two countries to pursue the negotiation process actively, with a view to arriving at a rapid solution to the conflict”.

6. As regards paragraph iv, the Committee of Ministers recalls the decision which it already took in September 2001, in which it asked the Venice Commission “to stand ready, if the authorities of Armenia and Azerbaijan, in due time and in consultation with the co-Chairs of the Minsk Group, were to envisage the possible assistance of the Council of Europe to the Minsk Group in dealing with the legal aspects related to a solution of the Nagorno-Karabakh conflict”.

7. As to paragraphs v to vii, it is a well-known fact that raising public awareness in both countries for the purpose of reconciliation and mutual trust between people will be crucial for the solution of the conflict. A number of activities have already been conducted to this effect or are planned within the framework of the Council of Europe. For example, for several years, the Steering Committee for Education (CDED), in its intergovernmental programme, has set great store by activities designed to reconcile peoples, particularly those in the areas of history teaching, education for democratic citizenship and human rights, and intercultural dialogue. The CDED has been working since 1996 with Armenian, Azerbaijani, Georgian and Russian history experts, in the context of the “Tbilisi initiative”, to produce a supplementary common “Caucasian” history textbook. The initiative also provided an opportunity to hold a series of national and regional seminars on the teaching of the history of sensitive and controversial periods.

8. Activities to promote mutual understanding between young people from the region were also organised in 2003 and 2004 in the context of the “young political leaders” programme of the Council of Europe.

9. Efforts to promote better understanding between the two countries, notably through the media, have furthermore been undertaken, inter alia in the context of Council of Europe confidence-building measures programme. These efforts have taken the form of awareness-raising and training activities on questions concerning confidence-building and mutual understanding for different circles (leaders of NGOs, media professionals, refugees, young people, etc.) As far as possible, these efforts will be pursued.

10. In accordance with the Statute of the Council of Europe, the Committee of Ministers intends to continue to promote, in its areas of competence, cooperation between the two member states, by involving the main actors of society in these countries, convinced that such cooperation at the regional level will contribute to reducing tensions and will promote reconciliation.

11. With respect to paragraph viii of the Recommendation, the Committee of Ministers wishes to bring to the attention of the Parliamentary Assembly the fact that the competent Steering Committee (Committee of Legal Advisers on Public International Law – CAHDI) reviewed the European Convention for the Peaceful Settlement of Disputes during a meeting held on 17 and 18 March 2005 and concluded that the Convention is an adequate instrument for the peaceful settlement of disputes between states. Accordingly, the Committee considers that the Convention does not need to be revised.

12. In conclusion, the Committee of Ministers would like to assure the Parliamentary Assembly that it has taken note of paragraph ix and confirms that Resolution 1416 (2005) has been forwarded to the Governments of member states.