Doc. 9431

7 May 2002

Respect of norms and principles of international law by member states

Motion for a recommendation

presented by Mrs Shakhtakhtinskaya and others

1. The Assembly is deeply concerned with the lasting conflict in and around the Mountainous Karabakh region of the Republic of Azerbaijan. It recalls that the expulsion of the inhabitants of Azerbaijani origin from the territory of Armenia, as well as from the Mountainous Karabakh region even in 1987 initiated the confrontation between the member states concerned.

2. It should be also noted that adoption of the Decree of the Supreme Soviet of the Armenian SSR on reunification of the Armenian SSR and the Mountainous Karabakh region on 1 December 1989 brought about further confrontation and resulted in hostilities between Armenia and Azerbaijan in 1991-1994.

3. The Assembly notes with satisfaction that a cease-fire between the parties to the conflict was established on 12 May 1994. However, it regrets that ongoing efforts within the OSCE Minsk Group have had no results.

4. Furthermore, the Assembly notes that the decision of the Supreme Soviet of the Republic of Armenia of 8 July 1992, in which it declared unacceptable for the Republic of Armenia any international or intergovernmental documents specifying "the Mountainous Karabakh Republic" as a part of Azerbaijan, as well as declarations made by the Armenian leadership that the Mountainous Karabakh would never be an integral part of Azerbaijan, should be understood as efforts of the Armenian side to undermine the peace process and to avoid any peaceful solution to the conflict.

5. Consequently, the Assembly, recalling its Recommendation 1251 (1994) and Resolution 1047 (1994) on the conflict in Nagorno-Karabakh, Resolution 1119 (1997) on the conflicts in Transcaucasia, Committee of Ministers Declarations on Nagorno-Karabakh of 11 March 1992 and on 15 April 1993, as well as the Final Communiqué of the 108th Session of the Committee of Ministers,

-       urges the Committee of Ministers within its competencies to exert every effort to ensure implementation by the member states of their commitments, particularly regarding settlement of international and domestic disputes by peaceful means and according to the principles of international law, resolutely rejecting any threatened use of force against its neighbours;

-       asks the European Commission for Democracy through Law ("Venice Commission") to present a legal opinion on conformity of the decree of the Supreme Soviet of the Armenian SSR of 1 December 1989 on reunification of the Armenian SSR and the Mountainous Karabakh region, further referred to in the Declaration of Independence of the Republic of Armenia, which is recognised in the Armenian Constitution, and Decision of the Supreme Soviet of the Republic of Armenia of 8 July 1992, declaring unacceptable for the Republic of Armenia any international or intergovernmental documents specifying "the Mountainous Karabakh Republic" as a part of Azerbaijan with the norms and principles of international law, in particular those related to respect of internationally recognised borders, sovereignty and territorial integrity.

Signed : ¹

Shakhtakhtinskaya, Azerbaijan, EDG

Agramunt, Spain, EPP

Akgönenç, Turkey, EDG

Baumel, France, EDG

Berisha, Albania, EPP

Biga-Friganović, Croatia, SOC

Bindig, Germany, SOC

Branger, France, EPP

Bušić, Croatia, EPP

Cilevičs, Latvia, SOC

Clerfayt, Belgium, LDR

Dmitrijevas, Lithuania, SOC

Gamzatova, Russia, UEL

Goulet, France, EDG

Gross, Switzerland, SOC

Gürkan, Turkey, SOC

Holovaty, Ukraine, LDR

Hooper, United Kingdom, EDG

Huseynov A., Azerbaijan, EDG

Ilaşcu, Romania, NR

Jurgens, Netherlands, SOC

Kirilov, Bulgaria, SOC

Kvakkestad, Norway, EDG

Martínez Casañ, Spain, EPP

Mutman, Turkey, SOC

Neguta, Moldova, UEL

Pollozhani, "the former Yugoslav Republic of Macedonia", EDG

Ragnarsdóttir, Iceland, EDG

Rakhansky, Ukraine, UEL

Severinsen, Denmark, LDR

Seyidov, Azerbaijan, EDG

Skarbøvik, Norway, EPP

Stoisits, Austria, SOC

Szinyei, Hungary, EPP

Tevdoradze, Georgia, EDG

Torrado, Spain, SOC

Truu, Estonia, EDG

Weiss, Slovakia, SOC

Zhvania, Georgia, SOC

¹        SOC: Socialist Group

      EPP: Group of the European People’s Party

      EDG: European Democratic Group

      LDR: Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group