Text agreed to by the Parties

in bold type

 

Document N20

 

Agreed basis for the negotiations prepared by the Co-Chairmanship of the Minsk Conference

 

 

 

 

 

 

 

 

 

Draft July 4 1997

 

 

 

AGREEMENT

ON THE CESSATION OF THE ARMED CONFLICT

 

The Opposing Parties (hereinafter termed the Parties),

 

Expressing their determination to terminate the Nagorno Karabakh armed conflict, remove its basic consequences for all parties, and bring about a comprehensive and final settlement of the conflict within the framework of a conference on Nagorno Karabakh under the auspices of the Organization on Security and Cooperation in Europe (hereinafter termed the OSCE Minsk Conference),

 

Confirming their commitment to the provisions of the UN Charter, to the basic principles and decisions of the OSCE, and the universally accepted norms of international law,

 

Demonstrating their determination to promote the full implementation of resolutions 822, 853, 874 and 884 of the Security Council of the UN,

 

Wishing to promote the strengthening of peace, stability, confidence and cooperation within the framework of the Commonwealth of Independent States (CIS)

 

Through the mediation of the Russian Federation and Finland, acting as Co-Chairmen of the OSCE Minsk Conference (Hereinafter termed the Mediator), and with the cooperation of the CIS,

 

Have agreed as follows:

 

1. The use of the term Parties for the purpose of this Agreement may not be interpreted otherwise than indicated above, i.e. as the Opposing Parties.

 

2. The Parties confirm to the fullest extent of their responsibility that their main goal in the near future is ending of the bloodshed and transition towards removing the consequences of the armed conflict, gradually overcoming hostility and distrust of each other, and a lasting political settlement of the present conflict.

 

The Parties shall settle all matters of dispute among themselves without the use of force, or threat of the use of force, but only by peaceful means, first and foremost through negotiations, including those within the framework of the OSCE Minsk Process.

 

3. The total and final cease-fire and cessation of hostilities shall be guaranteed by the Parties from 00 hours 01 minute on ... ... 1996. A list of the activities to be discontinued, which shall be included by the Parties into the texts of the respective orders, is set forth in annex 1 to this Agreement.

 

4. The Parties shall without delay carry out the most urgent military-technical, and also political and organizational measures for the strengthening of the cease-fire and the cessation of hostilities (concrete measures and their sequence are set forth in Annex 1 to this Agreement).

 

Inter alia, the Parties shall prohibit in all parts such hostile acts as the blockading of population centres, civilian installations and communications facilities, attacks and subversion against any communications, means of transport, columns, and military or civilian convoys. The Parties confirm the inpermissibility of taking hostages and threat or use of armed force against the civilian population.

 

5. The Parties agree to the deployment of an OSCE peace-keeping force (hereinafter referred to as the peace-keeping force), with the adoption of an appropriate resolution of the Security Council of the UN, and will make a formal request to this effect in accordance with the appropriate provisions of Chapter III of the 1992 Helsinki Document and the 1994 Budapest Document.

 

The peace-keeping force will in the predeployment phase of the operation offer its support to the Parties in fulfilling the relevant measures referred to in paragraph 4 and Annex 1.

 

The Parties are agreed that the overall duration of the international peace-keeping operation shall be the minimum necessary. Specifically, the duration shall basically be determined in the light of the circumstances in the area and the pace of the comprehensive political settlement of the conflict.

 

The Parties are agreed that the initial period of the peace-keeping operation will be determined to be six months. Depending on the Mediators assessment of the situation, he will initiate proposals on the prolongation of the peace-keeping operation after consulting and taking due account of the views of the Parties. The Parties will not resort to unilateral actions leading to a breach or an interruption of the peace-keeping operation.

 

6. In the interest of a peaceful settlement of the conflict the following measures shall be implemented under supervision of the peace-keeping force:

 

- withdrawal of the forces of one Party from the captured territories of the other Party;

 

- return of the armed forces of the respective Party to the evacuated territories;

 

- removal of all obstacles preventing the restoration of normal transport and power links in the area of conflict;

 

- voluntary and safe return of displaces persons and refugees to their former places of permanent residence;

 

- withdrawal from the territory of the respective States of foreign military personnel which will be identified as such, together with their arms, including volunteers and mercenaries. (This applies to personnel which has participated or may participate in military action, and shall not concern those present in the territories of the respective States within the framework of bilateral military co-operation).

 

Specifications and sequence of each concrete measure to be implemented is set forth in Annexes 2 and 3 correspondingly to this Agreement.

 

A forum for military-technical cooperation for the purpose of contributing to the implementation of this Agreement - the Joint Coordination Commission (hereinafter referred to as the JCC) (Annex 4 to this Agreement) - will be established.

 

7. The negotiation process shall be continued parallel with the implementation of the above measures.

 

The Parties are agreed that the implementation of the Agreement will permit the convening of the OSCE Minsk Conference without delay, but no later than in three months. It is the understanding of the Parties that organizational/procedural issues will have been resolved by then. Meeting of the Minsk Group for the purpose of finalizing the preparations for the Conference will take place without delay after the signature of the Agreement.

 

8. Withdrawal of the forces of one Party, and return of the forces and refugees of the other Party shall be carried out strictly in accordance with the agreed timetable (Annex 2 to this Agreement). The specific order for the withdrawal from each region and the return into each evacuated region of the forces and refugees shall be coordinated within the JCC. The Head of Mission shall ensure and monitor the implementation of these measures, as well as the stage-by-stage movement of the buffer strip.

 

9. Within a week following the signing of this Agreement there shall be an exchange of lists of hostages and prisoners, as well as of information on casualties (through the International Committee of the Red Cross, or, if necessary, through the Mediator).

 

Within ten days, with the cooperation of the International Committee of the Red Cross or the Mediator there shall be an exchange of the recognized hostages on the basis of the principle all for all, and within two weeks, an exchange of the prisoners of war.

 

The return to the respective Party of the remains of those killed shall be completed within a period of one month.

 

The Parties shall actively initiate common work concerning the detained persons and other categories of hostages and prisoners with the cooperation of the International Committee of the Red Cross or, if need be, with the assistance of the Mediator.

 

10. All political, military, technical and other obstacles to the restoration of normal power, transport and other links in the area of conflict shall be removed everywhere on a reciprocal basis (specifications and sequence of the concrete measures are set forth in Annex 3).

 

11. The complex of the problems of displaced persons and refugees, including humanitarian aspects, shall be the subject of special negotiations and a separate agreement between the Parties with the assistance of appropriate international organizations. The negotiations shall begin twenty days after the signing of this Agreement. Return of the displaced persons and refugees to the evacuated areas envisaged in Annex 2 to this Agreement shall not require additional approval at the negotiations.

 

Necessary conditions shall be created and every assistance will be given to guarantee safe, voluntary and balanced return of displaced persons and refugees, irrespective of their nationality, to their former places of permanent residence.

 

12. Legal status of Nagorno Karabakh shall be elaborated on the basis of a mutually acceptable compromise, and determined at the OSCE Minsk Conference.

 

13. The Parties shall guarantee without any discrimination the delivery of humanitarian aid through territories under their control to the regions that have suffered on account of the conflict. In this process rapid and effective means shall be employed.

 

14. Within a month after the signing of this Agreement, the Azerbaijani Republic and the Republic of Armenia shall commence negotiations with a view to normalizing the situation and establishing a State frontier between them, including a frontier between the Republic of Armenia and the Nakhichevan Autonomous Republic of the Azerbaijani Republic. The possibility of creating a demilitarized border strip 10 km wide on each side along the whole frontier, as well as the restoration of the frontier contacts and trade shall be considered. The regime of the State frontier shall be defined in separate agreement.

 

The problems concerning the enclaves in the territories of the Azerbaijani Republic and the Republic of Armenia shall be examined simultaneously, and measures for the normalization of the situation shall be agreed upon.

 

15. The Parties shall take necessary measures for the strict fulfillment of all obligations, without exception, stemming from this Agreement. The Parties shall do everything in their power to promote the negotiating process in the interests of a comprehensive political settlement.

 

The mechanism for ensuring implementation of this Agreement and promoting the negotiations is described in Annex 4.

 

16* . This Agreement shall enter into force on the date of signature. The Annexes to this Agreement constitute inseparable parts thereof. This Agreement may be amended, supplemented and terminated with the consent of all Parties after consultations with the Mediator.

 

 

Done in Moscow on ... ... 1996 in one original in the Armenian, Azerbaijani, English and Russian languages.

 

The original shall be deposited with the Government of the Russian Federation, which shall immediately send authenticated copies of the Agreement to the Parties and other signatories.

 

_______________ _______________ _______________

 

 

_______________ _______________ _______________


Annex 1

 

CEASE-FIRE AND CESSATION OF HOSTILITIES AND

THEIR CONSOLIDATION

 

Below X Day means the date of the official cease-fire and the cessation of hostilities, and Y Day the date, when in accordance with the advance announcement of the Head of Mission the peace-keeping force is ready to fully support the implementation of the Agreement by the Parties.

 

1. In order to implement paragraphs 3 and 4 of this Agreement, the Parties shall issue in good time relevant orders and convey them to the commanders of military formations responsible for carrying them out, namely: orders for complete and final cease-fire and cessation of hostilities; disengagement of troops; pull-back, concentration and deactivation of heavy armaments and the establishment of a flight exclusion zone not later than ... 1996.

 

2. The text of the order for cease-fire and cessation of hostilities shall contain in full the following list of activities to be completely discontinued:

 

- the use of any kind of armaments for any combat purposes including rocket, artillery and other shelling and aerial bombardment (total cease-fire);

 

- any offensive operations and attacks;

 

- any military maneuvers;

 

- any transfers of reinforcements; movements of military formations, military equipment or supply of military formations with munitions or weapons;

 

- any flights by combat aircraft and combat helicopters, or such other aircraft which may be used for preparing and conducting military actions including reconnaissance and training flights;

 

- any patrolling with reconnoitering or operational aims;

 

- blockading by military forces of population centers, as well as military or civilian installations and communications facilities;

 

- laying of mines, attacks or subversion, inter alia against any communications, means of transport, columns, and military or civilian convoys;

 

- taking hostages, threat or use of armed force against the civilian population.

 

The above military actions shall cease within the zone which is shown in the set of maps annexed to this Agreement.

 

3. Immediately upon signing this Agreement the Parties shall verify that all armed formations - in the first place those stationed along the line of contact - are under command and control, including verification of the reliability of communications with the commanders of the military formations.

 

The Parties shall in the territory under their control curb the activities of any uncontrolled armed groups, and especially prevent them from violating the cease-fire. The Parties shall be held fully responsible for the activities of such groups, and shall take immediate steps in order to remove any uncontrolled groups, as well as to disband and disarm them.

 

Within 36 hours from the signing of this Agreement, each Party shall officially notify the Head of Mission in writing that the Party in question has no uncontrolled groups, or to report the location and characteristics of these groups.

 

4. Starting on X Day flights by combat aircraft and combat helicopters shall be temporarily stopped within a flight exclusion zone. The coordinates of the zone in the course of the implementation of this Agreement are shown on the annexed set of maps. The main characteristics of the regime concerning the zone are set forth in ... of this Agreement.

 

Inter alia, flights into and inside this zone shall be allowed only for civilian transport and medical helicopters and aircraft, including aircraft and helicopters serving the peace-keeping mission. The flights are subject to obligatory advance notification to the peace-keeping mission, and shall be undertaken under its supervision.

 

The flight exclusion zone is not applicable to civilian aircraft flying through international air-traffic corridors.

 

The flight exclusion zone will be in effect during the duration of the peace-keeping operation. The JCC will make decisions on the possible changes concerning the regime and the operative periods of the flight exclusion zone only with the consent of all Parties.

 

The monitoring of compliance with the flight exclusion zone shall be carried out by stationing international observers at air defense radar equipment of each Party, and at the airfields of concentration of all combat aircraft and combat helicopters. The observers shall record punctually all violations of the flight exclusion zone, as well as all take-offs of combat aircraft and combat helicopters from the said airfields. Questions concerning violations of the flight exclusion zone shall be considered operationally by a special JCC subcommittee on the flight exclusion zone.

 

 

5. On X Day the Parties will begin preparations for implementing the stipulations of this Annex, especially concentrating on the mine-clearing. Accordingly, when on Y Day the disengagement begins, mine-clearing of the area within the agreed boundaries of disengagement has been completed. All records of minefields are to be handed to the Head of Mission within 7 days after X Day.

 

* *

*

 

6. It has been agreed that the Line of Contact (LOC, the median line between the forward edges of the battle area of the Parties) runs in the zone of Nagorno Karabakh and around it as shown on the maps annexed to this Agreement in accordance with the following coordinates: Agchingldag, alt 3200, alt 3462, Gyulistan, southern edge of Tap, alt 457 (3 km SW of Borsunlu), western edge of Verin Chaily, 1 km south of Karmiravan, eastern edge of Seisulan, eastern edge of Shikhlyar, 2 km W of Chemenli, alt 286, 1 km east of Yusifjanly, 1 km east of Marzili, eastern edge of Kuropatkino, alt 472, eastern edge of Ashagy-Veisally, eastern edge of Karankhanbeili, eastern edge of Ashagy-Seidakhmeli, western edge of Ashagy-Abdurakhmanly, 1 km E of Goradiz, western edge of Chodjuk-Mardjanly.

 

Before Y Day each Party shall pull back tanks, rocket and artillery systems to specially prepared sites of concentration to a distance of at least 20 kilometres from the line of contact, assigning separate locations for their lightly armed personnel and separately the ammunition to a distance to 5-10 kilometres.

 

Other kinds of heavy armaments of each Party (20 mm calibre or larger) will be pulled back to a distance of ... km from the line of contact to specially prepared concentration sites.

 

 

All kinds of heavy armaments shall be deactivated by the Parties in the sites of concentration in a way that the Head of Mission will define after consultations with the JCC and they will be under the observation and control of the PKF.

 

The concentration sites of the heavy armaments of each Party, their personnel and ammunition are shown on the maps annexed to this Agreement in accordance with the following coordinates:

1) 1 km SW of Dashkesan 2) Sarydjally 3) Gindarkh 4) Ashagy-Yaglavend and 1) SW of Kasapet 2) 2 km N of Ashagy Kushcular 3) 1 km W of Gadrut.

 

With respect to certain parts of the border between the Azerbaijani Republic and the Republic of Armenia, where military action took place and where the line of contact does not coincide with the border, this line will be determined and agreed upon by the Parties before commencement of the negotiations referred to in para 14 of the Agreement. Correspondingly, pull-back of heavy armaments and withdrawal of forces of the Parties (excluding border troops) from the actual line of contact along this boundary line and other necessary conditions envisaged in this Annex will be fulfilled after agreement has been reached on the afore-mentioned questions in these negotiations.

 

7. Within three days, from 10.00 on Y Day to 10.00 on Y+3, the Parties shall effect mutual disengagement of forces from the Line of Contact to the agreed boundaries, which as a rule have been established symmetrically ( ... - ... kilometres from it depending on the terrain, roads, and the location of population centres).

 

These boundaries are shown on the maps annexed to this Agreement in accordance with the following coordinates: ... The exact boundaries of disengagement shall be marked in advance on the ground by clearly visible means under the auspices of the PKF.

 

8. By disengagement of forces an area of separation - an area of mutual security and control (buffer strip zone) - will be created between the forces of the Parties. Within this area, the presence of the troops, penetration or any other military activity of the Parties is totally prohibited. It will only be manned by the PKF, and where necessary, local civilian police detachments armed only with sidearms.

 

* *

*

 

In order to consolidate the cease-fire and the cessation of hostilities, which constitute the basis for the development of the peace process and the full implementation of the provisions of this Agreement, the following political and organisational measures shall be adopted:

 

9. Holders of the highest public offices of parties will make public appeals in a spirit of reconciliation ... 1996 on radio and television to the general public and to the armed forces, with a call for strict observance of this Agreement, especially concerning the orders for the cease-fire and the cessation of hostilities, for support of the realization of the international peace-keeping operation.

 

Statements by other official persons, social and political leaders, and the mass media in support of reconciliation are to be encouraged.

 

10. An exchange of messages on the highest level (without publication) with assurances of political guarantees for the implementation of this Agreement and consent for appropriate measures to be taken against the Party flagrantly or systematically violating the Agreement.

 

11. Establishment of a reliable, direct, emergency PM-link through two PM units reserved exclusively for this purpose, and manned round the clock at both ends by responsible officials (one on the level of political leadership of the Parties, and the other on the level of military leadership). The corresponding numbers of the PM units are to be communicated through the Mediator not later than ... 1996.

 

12. Each Party will make public the first court cases against perpetrators and their immediate superiors of cease-fire violations.


Annex 2

TIMETABLE OF MEASURES

regulating the situation in particular occupied areas

 

Below X Day means the date of the official cease-fire and the cessation of hostilities, and Y Day means the date, when according to the advance information of the Head of Mission the peace-keeping force is ready to fully support the implementation of the Agreement by the Parties.

 

On X Day the Parties will begin preparations for implementing the stipulations of this Annex, paying special attention to mine-clearing. Accordingly, by the start of the withdrawal of forces, mine-clearing of the evacuated areas within agreed boundaries should be completed by the Party which has laid the mines. All minefield records are to be handed to the Head of Mission 7 days after X Day.

 

1. Upon completion of the measures stipulated in paragraph 7 of Annex 1, troops of one Party will be withdrawn from the occupied territories of the other Party.

 

2. Orders for the withdrawal of forces from each specific area will be issued by the Parties and conveyed to the relevant unit commanders not later than 48 hours before the start of the withdrawal.

 

3. The evacuation of the occupied territories is implemented according to the timetable ..., as specified in paragraph 5. of this Annex.

 

During the transitional period all evacuated territories shall be partially demilitarized. On these territories shall be allowed only the deployment of small engineering units, which basically shall carry out demining activities, combining this task with securing the functions of large population centers, and also deployment of border guards (in the immediate vicinity of the borders to other states). In addition, local formations of civilian police shall be established in each region in proportion to the number of the returning population.

The Parties shall strictly implement a specific order of measures for each operative region, established in advance by the Head of Mission after consultations within the JCC.

 

4. During its modification the area of separation/buffer zone shall, as the troops withdraw from the occupied territories, retain a sufficient width, as shown in the maps annexed to this Agreement.

 

Upon completion of the withdrawal of forces from the occupied territories the separation (buffer) zone will, cover the interim border lines of Nagorno Karabakh (except for some specific regions, on which special decisions will be taken). The map and the description of the separation (buffer) zone and the interim border lines are attached.

 

The Parties commit themselves to respect the regime of the separation (buffer) zone until decisions on the legal status of Nagorno Karabakh taken at the OSCE Minsk Conference.


 

5. The timetable of concrete measures for operational regions

 

 

 

Region

 

Troop withdrawal

and continued

mine-clearing

 

Modification

and/or

widening

 

Beginning of deployment to the evacuated territories

 

begin-ning of troop with-drawal

completion of mine-clearing and troop withdrawal

of the

buffer-zone

mine-clearers and police of the other Party

of border-guards of the other Party

 

Agdam

 

Mardakert

 

+ 22

 

+ 22

 

+ 26 - 28

 

+ 26 - 28

 

+ 31

 

+ 31

 

+ 33

 

+ 33

 

 

 

Martuny

 

Fizuli

 

+ 31

 

+ 31

 

+ 35 - 37

 

+ 35 - 37

 

+ 40

 

+ 40

 

+ 42

 

+ 42

 

 

 

+ 42

 

 

Djebrail

 

Zangelan

 

+ 40

 

+ 40

 

+ 44 - 46

 

+ 44 - 46

 

+ 48

 

+ 48

 

+ 50

 

+ 50

 

+ 50

 

+ 50

 

 

Kubatly

 

Kelbajar

 

+ 48

 

+ 48

 

+ 52 - 54

 

+ 52 - 54

 

+ 56

 

+ 56

 

+ 58

 

+ 58

 

+ 58

 

+ 58

 

 

Lachin (without corridor)

 

 

+ 90

 

+ 94 - 98

 

+ 100

 

+ 102

 

+ 102

 

After the creation of secure conditions the return of refugees and displaced persons can not take place earlier than two days after the return of police.

 

6. The settlement regarding the Lachin region will be carried out safeguarding the free, unimpeded and safe transport on the Lachin road between Nagorno Karabakh and the Republic of Armenia during the whole transitional period - until the determination of the final status of Nagorno Karabakh.

 

For this reason a transit zone of an average width of 20 km along the Lachin road to safeguard the transit and safety of the road is especially established. After this the forces from the territory of the Lachin district shall be withdrawn, according to the aforementioned table, and correspondingly the voluntary return of displaced persons and refugees shall take place (except to the transit zone, incl. Lachin town).

 

During a period of ... after the establishment of the transit zone the military presence inside the zone will be diminished every three months. During this time an interim, international administration will be established, which takes upon itself the safeguarding of the freedom of the transit along the Lachin road during the whole of the transitional period or until another agreement has been reached between the Parties.

 

The interim administration will make use of a special supervision mission with a special mandate to safeguard the unimpeded and safe transit.

 

Twenty days after the signing of this agreement supplementary negotiations on Lachin will begin aiming at solving the problems of the transit between Nagorno Karabakh and the Republic of Armenia permanently, or for an prolonged period in any form drawn from international practice. The possibility of a lease of the transit zone from the Azerbaijani Republic to the Armenian Republic for a long period of time, an exchange of this zone within the framework of the Azerbaijani Republic to a small territory from one of the districts of Nagorno Karabakh, as well as other possibilities shall be studied.

 

The return of displaced persons and refugees to Lachin town shall take place after the taking into use of the bypass road around the town.

 

7. During the month following the completion of the evacuation of the occupied districts according to the afore-mentioned calendar the Parties, which exert military control over the Shusha and Shaumyan districts, shall withdraw their military formations during the following calendar month from the city of Shusha and Shaumyan district. The local administration will assist in the deployment of international observers/international police to Shusha and the Shaumyan district. The voluntary return of displaced persons and refugees, regardless of their nationality, to their former place of permanent residence shall commence three days after the deployment of international observers/international police.

 

The Parties will as soon as possible create the conditions for proclamation of the city of Shusha a cultural-historical center for the Transcaucasus, and for the reconstruction of the city with international assistance.

 


Annex 3

 

PROCEDURE FOR THE REMOVAL OF OBSTACLES

TO THE RESTORATION OF NORMAL POWER AND

TRANSPORT LINKS IN THE AREA OF CONFLICT

 

The Parties undertake, in the shortest possible time, to restore the main communications and networks to a working condition and maintain their functioning, providing when necessary for their safety at the territory controlled by a respective Party. In case of an accident or an act of sabotage, the respective Party will, with its own means and at its own expense, eliminate the consequences in the shortest possible time, and thereupon commit the main line or network to operation.

 

The measures below shall be implemented within the indicated time frames.

 

x* + 7 Measures to remove political, military and technical obstacles

with a view to ensuring the normal functioning of communications

 

x + 10 Repair work to restore basic power networks (procedure and

conditions are subject to agreement between the Parties

before day x)

 

x + 12 Opening of the Kazakh-Idjevan-Nakhichevan gas pipeline

 

x + 14 Repair work to restore main roads (procedure to be agreed

before day x)

 

x + 20 Simultaneous opening of rail traffic on the Injevan-Kazakh,

Goradiz-Mindjevan-Megri-Ordubad-Nakhichevan-Yerevan

and Agdam-Stepanakert lines

 

x + 24 Opening of two-way traffic on motor-roads between

Azerbaijan and Armenia including the Kazakh-Idjevan and

Agdam-Stepanakert-Lachin-Goris-Nakhichevan roads

 

x + 36 Opening of all other communications and power systems

in the region going from Azerbaijan into Armenia and vice versa.

Annex 4

 

INTERNATIONAL ASSISTANCE

IN IMPLEMENTING THE AGREEMENT

 

A. The Joint Co-ordination Commission (JCC)

 

1. In order to promote solution of the military-technical and other technical tasks arising in the course of day-to-day implementation of the Agreement and other arrangements concluded during the peace process, a Joint Co-ordination Commission (JCC) shall be set up. It shall include representatives from the Parties to the conflict and from the peace-keeping force. The JCC shall be chaired by . . . . . . . . . . . . . . . . . .

 

2. JCC shall have purely practical tasks. Within the framework of these tasks, JCC shall provide for direct contacts between the Parties. The existence of JCC, its composition and activities does not imply recognition of any legal status of the Parties represented in it either under domestic or international law.

 

3. In the early stages of the process, the JCC shall promote constant surveillance of an effective cease-fire and cessation of military activities.

 

4. The JCC shall be convened by its Chairman on a regular basis, and whenever required.

 

5. Items to be discussed shall be determined by the Chairman, taking due account of issues brought to his attention by any participant. A representative of the Azeri community of Nagorno Karabakh shall participate in the discussion of those problems which are of immediate concern to this community.

 

6. The JCC shall normally meet at the headquarters of the OSCE peace-keeping force. When necessary the Chairman may convene the JCC at another place.

 

7. The JCC proceedings and any conclusions on specific issues may be recorded under the Chairmans responsibility.

 

8. Each party to the conflict shall facilitate all travel and activities relating to the JCC, particularly providing security and protection of JCC members in connection with such travels and while they carry out their duties on the territory controlled by such Party.

 

B. Current assistance in the impartial resolution of disputes

 

1. The Parties agree that the Presidium of the OSCE Minsk Conference shall regularly provide assistance in practical implementation of this Agreement by assisting in resolving possible disputes concerning its implementation. Military-technical violations of this Agreement shall be officially reported in good time by each Party to the Head of Mission, while other violations shall be reported to the Presidium of the OSCE Minsk Conference.

 

2. Should disputes arise over the interpretation of the provisions of this Agreement, the Presidium of the OSCE Minsk Conference shall urgently (within 48 hours) arrange direct consultations between the Parties.

 

The Parties agree that if it proves impossible as a result of the consultations to reach a common understanding of a particular provision, the measures laid down in this Agreement shall be applied as a matter of urgency in accordance with the interpretation of the Presidium of the OSCE Minsk Conference.

 

3. The application of every subsequent measure requires the implementation of the preceding measure in accordance with the timetable laid down in this Agreement and the Annexes thereto.

 

If one of the Parties unjustifiably (in the judgment of the Presidium of the OSCE Minsk Conference) delays the implementation of a stipulated measure, the other Party may with the agreement of the Presidium of the OSCE Minsk Conference suspend for the same period the implementation of the following measure (gas supply, railway operations or troop withdrawal from the next area). In this event the Presidium of the OSCE Minsk Conference will immediately notify the Parties of the relevant amendments to the timetable of measures.

 

4. In case of armed incidents, the Parties shall act as follows: (1) the one Party shall immediately, briefly but obligatorily in writing, notify the other Party as well as the Head of Mission of what has happened using the respective PM communication units and precisely indicating the place, time and nature of the cease-fire violation and its consequences; (2) having received such notification, the other party shall, in the shortest possible time, check the facts and provide a written reply in no more than 4 hours. Copies of the reply shall be forwarded to the head of Mission.

 

In case of other violations, the Party sends a similar notification to the other Party, forwarding copies to the Presidium of the OSCE Minsk Conference. A reply shall be dispatched within no more than two days and copies presented to the Presidium of the OSCE Minsk Conference.

 

In urgent cases, it is envisaged that the Presidium of the OSCE Minsk Conference shall hold urgent meetings with representatives of the Parties at the appropriate level in order to examine the violation, the emerging situation and the quickest way of bringing it into line with the provisions of this Agreement. If necessary, upon request by one of the Parties and if the Head of Mission or the Presidium of the OSCE Minsk Conference so decides, a mixed group of civilian inspectors may be dispatched to study the situation on the spot. The Party which allowed the violation to take place shall take immediate steps to restore the status quo ante.

 

5. In case the defaulting Party fails to take the appropriate measures, urgent consultations shall be held at the Joint Co-ordination Commission or in the Presidium of the OSCE Minsk Conference. If necessary, the Head of Mission or the Presidium of the OSCE Minsk Conference shall take adequate measures to prevent new incidents and with respect to the defaulting Party. If a Party avoids taking appropriate measures or delays them by more than 5 days, this shall be regarded as an action designed to undermine this Agreement.

 

6. In the event of a written appeal by one of the Parties concerning the failure of the other Party to implement this Agreement, or the flagrant, systematic or prolonged violation of it by that Party, and if the fact is officially confirmed by the Presidium of the OSCE Minsk Conference, the question of the suspension of the Agreement and of measures relating to the Partys responsibility for this shall be raised. The Presidium of the OSCE Minsk Conference shall inform the public of the causes and the culprits of a possible breakdown of this Agreement.

 

7. If necessary, the Chairman-in-Office of the OSCE, the President of the United Nations Security Council and the United Nations Secretary-General shall also be informed of violations of this Agreement. Depending on its seriousness, the situation may also be considered by the Ad Hoc Working Group in Vienna, at a special meeting of the OSCE Minsk Group, by the OSCE Permanent Council or in the United Nations Security Council.

 

8. Throughout the entire process of reaching a comprehensive settlement of the conflict the Parties undertake:

- not to boycott the negotiations and not to threaten them with breakdown, not to reject proposals for consideration at the corresponding official level of problems that arise;

 

- to refrain from conducting hostile propaganda campaigns, one against the other, through official channels.

 

 

 

 

 

 



* May have to be legally/technically revised, e.g. regarding the depository.

* Day x indicates the date of the cease-fire and cessation of armed activities