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Self-Determination and De-Jure Recognition
for Nagorno Karabakh
Position Paper June 2002
Background
In 1988, Nagorno Karabakh (NK), a historically and
demographically Armenian land and an autonomous entity in the Soviet
Union, petitioned the Central Government in Moscow and requested to
be reunited with Armenia. This legal and peaceful call for self-determination
aimed to rectify Stalin's 'divide and conquer' gerrymandering of 1921.
At that time, Nagorno Karabakh and its Armenian population (over 95
percent), were severed from Armenia and assigned as a distinct, autonomous
entity under the administrative rule of the Azerbaijani SSR.
Throughout the Soviet era, despite the serious limitations
and heavy sanctions that Moscow placed upon free speech, the people
of the Nagorno Karabakh Autonomous Region repeatedly protested this
arbitrary decision, objected to ongoing discrimination by Soviet Azerbaijani
authorities, and petitioned for reunification with Armenia on many occasions.
In 1988 the people of Nagorno Karabakh Autonomous Region (NKAO) helped
usher in the end of the Soviet Era by demanding their legal right to
self-determination. This appeal took the form of a petition to the central
government in Moscow, accompanied by peaceful protests.
Azerbaijan responded to these democratic appeals by
arbitrarily denying Nagorno Karabakh's call for self-determination.
Soviet and Azerbaijani authorities tried to forcibly suppress the Nagorno
Karabakh movement, using pogroms to arrest dissidents, break up peaceful
demonstrations, and depopulate entire regions of their Armenian population.
Recognizing that their population would not survive under continued
Azerbaijani administration, the people of Nagorno Karabakh voted overwhelmingly
for independence in a December 10, 1991 referendum in the presence of
international observers. The referendum was held within the provisions
of the April 3, 1990 Soviet Law on Secession, the same law that provided
the legal basis for Azerbaijan's independence from the Soviet Union.
By this date, Azerbaijan's pogroms had escalated into
military aggression and eventually into a full-scale war against Nagorno
Karabakh. This war lasted from 1991-1994, claimed thousands of lives
and destroyed almost 80% of Nagorno Karabakh's economic infrastructure.
The Nagorno Karabakh defense forces were able to rebuff the Azeri offensive,
driving the invading
Azerbaijani military from Nagorno Karabakh's territory
and establishing a security zone around its borders. The May 1994 cease-fire
ended widespread fighting, but the conflict awaits a final, peaceful
and equitable resolution.
In 1996 NKR held free and open elections for the post
of President. To date, NKR has held three parliamentary and two presidential
elections, all monitored by international observers and members of the
media, and pronounced "free and transparent". Its elected
governments have upheld the freedom of the NKR, which its people had
earlier defended on the battlefield.
Since its decade-old independence, NKR has enjoyed
all attributes and institutions of statehood. Indeed, Karabakh's de
facto statehood fully satisfies the requirements of conventional and
customary international laws for de-jure recognition.
The Nagorno Karabakh Republic is committed to securing
its hard-fought freedom and peace. Since the 1994 cease-fire, NK has
taken resolute and largely successful steps to institute the rule of
law, a transparent democratic process and a market economy. On the other
hand, Azerbaijan has evolved since its secession from the Soviet Union
into a corrupt autocratic dictatorship, recently classified by Transparency
International as one of the five most corrupt countries in the world.
Position
The Nagorno Karabakh Republic appeals to the U.S.
Congress to formally recognize the right of its people to live free
of external threats and be masters of our own destiny. Throughout its
ten years of de-facto independence, NKR has directly participated in
the Organization for Security and Cooperation in Europe (OSCE) negotiation
process. It has proven itself to be a serious, reliable and predictable
partner. NKR has signed memorandums and protocols and joined several
international conventions. Nagorno Karabakh has been open to closer
cooperation with members of the international community.
We ask the United States to welcome a new nation that truly embraces
and stands unequivocally for such universal values as freedom, democracy
and equal justice under law for all.
Because it will promote stability, peace and economic prosperity for
all peoples of the South Caucasus, formal recognition of the independent
Republic of Nagorno Karabakh is in interest of the international community.
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