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Paper by Ambassador
Vladimir Kazimirov |
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Head of the Mediation
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ALTERNATIVES FOR THE RESOLUTION OF
THE KARABAKH CONFLICT
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The old, chronic dispute between Armenians and Azerbaijanis on the
future of Nagorno Karabakh (NK) led to
the first armed conflict in the The
conflict touched directly on the interests of neighboring countries
( The OSCE Summit in During negotiations from 1994 to 1997, agreement was reached over 80%
of the conditions to bring an end to the conflict. But the new co-chairmen of
OSCE MG, now made up of Russia, the US and France, were unable to overcome
the obstinacy of the parties and
worked with them using formulas other than what was offered in
Budapest. During 1997-98 the co-chairmen offered the parties three different
proposals as a basis for negotiations known as "the package deal,"
the "step-by-step" formula, and "the common state"
formula. But the parties - now one, then another or a third - rejected the
proposals. Not abandoning their efforts, the mediators then offered the
leaders of After 20 meetings between the presidents of On the level of principles, Experience shows that the most natural way of solving the NK conflict
is through the will of the people. But Stepanakert insists that a
referendum has already been conducted in NK in 1991 while The
conflict has led to the complete separation of two nations that "lived together"
before. The principle of the voluntary return of the refugees and
displaced people to their native lands is fine but not easy to implement,
even in the territories around NK populated by Azerbaijanis before the
conflict currently under Armenian control. The issue becomes even more
complicated when referring to Azerbaijanis of NK, and Armenians of Baku,
Shaumyan, and others. It is time to ask therefore,
to what extent is this principle realizable now, and what is the best way of
implementing it under existing circumstances? Officially, Armenians do not present claims on the occupied districts
outside NK (except for the Lachin corridor to serve as a land communication
with To be on the safe side, the new leadership of Unfortunately, to date the dominant belief in the conflict zone is
that force is superior to what is right. The situation is governed
by two
idées fixes: one party threatens revenge, the other tries to
impose a "package deal," which is nothing but a will to dictate
terms from a position of force. To embark on new, more effective
negotiations, it is necessary to reject both of these positions. To improve
the situation, the parties to the
conflict should
officially reject the use of force to resolve the
conflict. Both stated
purposes being unrealizable, rather than indicating any loss, such a
declaration could only shed the vain illusion. It would constitute a
mutually beneficial exchange of the impracticable on unrealizable. In their battles in the name of "national interests," the
leaders of the parties neglect the considerable general interests of
Azerbaijani and Armenian peoples, thus depriving them of the benefits of
natural neighborly relations and co-operation, doomed to worsen and lag
behind. Because the main psychological obstacle is a deep mutual distrust, it
is time to proclaim in one form or another, preferably in a joint statement,
the will to a historical reconciliation between Armenians and Azerbaijanis. Having articulated this high
purpose, the authorities will gain the right for balanced concessions to
each other, something for which the two societies are not ready yet.
Concessions are inevitable, and as painful as they seem, the rewards will be
rehabilitation and regional development. There is deep meaning in the motto "compromise
is above victory.” The development of events surrounding the Karabakh conflict can proceed
in one of three directions: a new war, the maintenance of the status
quo, or a resolution of the conflict. But the process of resolution can also evolve in different
ways. Thus, all five variants of how events will develop are possible: 1. Renewal of military operations; 2. Long preservation of the condition of "neither war nor
peace;" 3. A comprehensive, "package deal” solution; 4. A step-by-step resolution: a) In essence,
the two-stage solution, by which b) The gradual, multi-stage process of the settlement
of the conflict. The first two options are harmful for both nations, and they should be
rejected unequivocally. 1. WAR. The danger of the renewal of military actions can
arise because of frequent incidents on the line of contact between hostile
forces. The neutral strip separating forces is very narrow; there are no
forces of separation or observers; and the parties have become oblivious to
the Direct threats "to
resolve" the conflict by the use of force emanate from The Azerbaijanis assert that the use of force in response to the
occupation of occupied territories would correspond to the right of
self-defense in international law. But it is quite clear that it would also
constitute a violation of a number of international obligations assumed by the 1. Articles 33 and 37 of the UN Charter. These call for
the peaceful resolution of disputes; Article 51 recognizes the right of
self-defense "if there is an armed attack" and assigns the UN
Security Council the right to determine the appropriate response; 2. The principles of the OSCE concerning the peaceful
resolution of disputes, the non-use of force or threat to use force; 3. Assurances made by the Azerbaijani Republic and the
Republic of Armenia at the time of their entry into the Council of Europe to
solve the Karabakh conflict in a peaceful way; and, 4. the cease-fire agreement which has no expiration date and which, on the
whole, has been adhered to by the parties for more than ten years. But the main obstacle to war is absolutely another problem. As a result, military chimeras may be considered basically as bluff
and blackmail, but they are rather dangerous and harmful for new
generations. It is necessary to react
to them, to pay attention to them. It is necessary to untangle the knots of
the conflict rationally instead of tightening them even harder. 2. NEITHER WAR, NOR PEACE. Each party
vainly sings lullabies to itself that time works in its favor. Armenians
expect that everyone will gradually get used to the status quo as they keep
control over NK, continue the occupation of parts of the other's territories,
and even dare to use and settle in sections of them. The preservation of the present status quo is favorable to neither nation
and the non-resolution of the conflict is inflicting huge costs on both. The
status quo, in addition, imposes heavy, unproductive burdens on the budgets
because of increased military expenses that prevent the reconstruction and
development of these countries. Opportunities to get out of backwardness, to
leave behind the degradation of the region, to enjoy the benefits of regional
rehabilitation and integration are lost. Backwardness, unemployment and fear
of renewal of war have led to unknown scales of migration, especially of the
able-bodied population and youth. This
was characteristic only of Armenians, and now it is also of Azerbaijanis. Tension between the parties constrains democratic development of
society both in The other options (3, 4-a, 4-b) have pluses and minuses for this or
that party of the conflict. The distinction between these last options cannot
be reduced to methodology as is assumed sometimes: one must take into
consideration such essential factors as the specific terms, the degree of
irreversibility of this process, as well as the achievability of the
resolution itself. 3. THE "PACKAGE DEAL" OR
COMPREHENSIVE SETTLEMENT. This
would be ideal: it covers and resolves all debatable issues at once, and each
party precisely knows what it has received and what it has conceded. It is
the best way when mutual trust is deficient, which is characteristic for the
parties of this conflict. If only it was achievable in the foreseeable
future! The specificity of this conflict is in the irrepressible maximalism of
the parties: The expectations of citizens are so aroused by authorities and
false propaganda that any compromise and almost each concession will seem a
failure, a treachery of national interests. Signing a document that involves
compromises or concessions is equivalent to political suicide for any leader.
It is possible to think only of camouflaged concessions, dispersed over time
in their real execution and which seemed to foster hopes for a solution of
the dispute favourable for given party. But there is no confidence that such
camouflage will work either. Therefore for the leaders of the countries accepting
a comprehensive agreement is more risky than keeping the conflict unresolved:
feigning a search for acceptable compromises and not finding them works a
given leader’s mandate runs out. The essence of the "package deal" solution for Armenians is
in the prompt achievement of definition of NK’s status, i.e., its
independence or union with 4. STEP-BY-STEP SOLUTION. This should not be confused with a gradual
realization of the "package deal" agreement. This is the consecutive achievement and
speedy realization of some complex arrangements down to the final solution of
all controversial problems of the conflict. It is important that the agreed
upon arrangements are already being implemented, in
spite of the fact that it is not clear yet how other debatable issues will be
solved. Any step-by-step solution is an extremely
delicate and fragile process.
It can be disrupted halfway or at any stage with fatal consequences: renewal
of war or, at least, return to the "neither war, nor peace"
situation with some elements of the status quo changed. Special clarity is
required in peace agreements. Ambiguous formulations, which each party can
interpret in own way, are inadmissible, and full and due observance of each
agreed arrangement is necessary. It is similar to the interaction of two gears
where loss of one or two tooth will sharply weaken the transmission or will
stop the mechanism completely. A minimum
of mutual trust is absolutely necessary from the start, a trust that
will grow as the plan is put into effect. Threats to renew military operations or to settle the conflict with
force are altogether incompatible with the step-by-step approach,
(these are strongly contra-indicated since nobody will dare to agree to weakening of his military positions under the threat of an
attack? Those who support today the step-by-step settlement and
simultaneously threaten to win territories "at any cost" strengthen
the positions of supporters of the "package deal" settlement. In
other words, such threats make the resolution of the conflict itself more
difficult. It is very important to understand the following: one accepts
either step-by-step resolution process or threatens the other with the use
force and revenge. When we began to work under the step-by-step scheme in 1994-97,
everything was anticipated with the strict requirement of strengthening a
cease-fire and also terminating military and hostile actions with firm
guarantees for their non-renewal. The revelations of the
former Minister of Defense of Azerbaijan, M. Mamedov,
in his interview to the Baku newspaper "Zerkalo"
(August, 28, 2004), that the cease-fire in 1994 was necessary to create a
national army within approximately a year and then to renew military
operations with the purpose of liberating the occupied territories show the
impact of mutual distrust. a) THE TWO-STAGE SETTLEMENT. Offered by Azerbaijan, this formula would first
achieve the liberation of occupied territories, and only then engage in the
solution of the of NK status problem. Armenians do not trust Azerbaijanis;
when Armenians evacuate the territories, they argue, the Azerbaijanis will
refuse to discuss the status issue, i.e., they will insist even more on its
preservation in the structure of the Azerbaijani Republic. Thus Armenians
will lose the lever of pressure on Azerbaijan, and the latter will subject NK
to pressure from more advantageous positions and will hasten the withdrawal
of troops or exodus of Armenians from NK. Azerbaijanis base their line on accusing Armenia of occupation, which
they equate with aggression. They frequently argue that Armenia has failed to
withdraw their forces from occupied territories as required by four UNSC
resolutions adopted in 1993 during the heat of military operations. The
Azerbaijanis thus pick this one demand set in the resolutions, ignoring
others. These four resolutions cannot be understood outside the context of
the fighting in Karabakh. Among the many demands formulated in all four
resolutions are the main one, the establishment of a cease-fire and the
termination of military and hostile actions. But Azerbaijan ignored these
demands on more than once occasion violating cease-fires during that period.
Resolution 853, adopted by the UNSC after the capture of Agdam, demanded «the
immediate termination of all military operations and an immediate, full and
unconditional withdrawal» of the occupational forces. But that is the exact
order: withdrawals after the termination of war. It is typical that later, in
resolutions 874 and 884, the words "full and unconditional” are not used
when referring to these withdrawals. It may be assumed that the Azerbaijani
party’s failure to preserve the cease-fire (see the resolution 884) itself
has transferred the liberation of territories from the unconditional
requirement to a subject of negotiations. Furthermore, in Baku’s threats to resort to force, Armenians see one
more reason to not relinquish the current, strengthened line of contact. Recently, on September 15, 2004, a meeting was held between Ilham
Aliev, Robert Kocharian and Vladimir V. Putin in Astana, Kazakhstan. After
this meeting a new version regarding withdrawals has appeared. The idea was
to end the presence of Armenian armies in the Azerbaijani districts adjoining
NK in exchange for conducting two referenda on the status of Karabakh, in NK
itself and in the whole of Azerbaijan. This arrangement would be something
between the "package deal" and two-stage options: First, a joint
agreement on both issues would be reached; then Armenian troops would
withdraw and the displaced populations would return; and then voting would be
carried out on the future of NK. But there are many dangers in this variant
also, dangers that can play a fatal role. It is more logical that before the
withdrawal of troops, an agreement is reached on a number of issues: a) all
terms and conditions regarding the return of displaced persons and
involuntary immigrants; b) the modalities of carrying out of the referenda,
including agreement on who has the right to vote and how are the questions in
the referenda formulated; and most importantly, c) the execution of all
arrangements on time. However, the
results of both referenda are clear and directly contradict each other.
Therefore prior to the referendum, it is necessary to answer the most
difficult question: Which one of the two referenda will become the solution?
And the answer to this question in advance will make the other referenda
absolutely unnecessary. While resolving this issue after carrying out the
referenda will break the agreement, as the parties will harden their
positions, each leaning on the unequivocal will of voters. Such failure will
worsen the situation; "retreat” is even more dangerous to the
negotiating process than slow movement forward. An artful invention, the idea
of two referenda is a movement from one impasse toward a new, even more
impassable and dangerous situation. (It is necessary to remember that
Ethiopia and Indonesia did not vote on the independence and secession of
Eritrea and East Timor respectively). b) THE INITIAL STEP-BY-STEP OR MULTI-STAGE
SETTLEMENT. The importance of
a settlement in Karabakh is recognized by all parties and the entire
international community; and experience has shown that rare and brief
meetings of presidents or foreign ministers of Armenia and Azerbaijan cannot
replace the normal negotiating process.
The co-chairmen of the OSCE Minsk Group, leaning on the decision of
the Budapest Summit (the highest and most detailed decision about Karabakh in
the OSCE system) should take the initiative. They should propose that
all parties proceed to more regular, intensive and effective negotiations
between plenipotentiary delegations at the governmental level. It is important to structure negotiations the right way, to remove the
obstacles that have arisen because of the maximalism of the parties. Now the
parties refuse to consider other questions until agreement is reached on the
problem that is a priority for them: status of NK for Armenians, liberation
of territories for Azerbaijanis. The compromise could consist of the simultaneous consideration of all problems of the conflict (without
any exclusions and privileges). Then both the status of NK and the liberation
of the territories would be on the table of negotiations alongside with other
items, but would not exclude each other. It would be desirable to negotiate on four "tracks,"
considering simultaneously (or rather, alternately) four questions: 1)
strengthening of an armistice mode; 2) temporary status of NK and elements of
the final one; 3) liberation of the occupied territories and return of
displaced persons; 4) all other leading toward a normalization of the situation. Such an
approach would provide room for combinations of "give and
takes" to search for “pairs of exchanges” (including within the
framework of each item, there asymmetrically). The pragmatism of
"transactions" is more realistic than unending disputes on
the supremacy of a principle (territorial integrity vs. the right of nations
to self-determination). Alternation of "tracks" would go under the
arrangement of the parties or under the decision of intermediaries. Exchanges
would begin not from the main questions, but auxiliary ones. Full stagnation
would be replaced if not by dynamism but at least by gradual, modest
steps. Divergences on the format of negotiations can
also be removed: the more general questions can be discussed by all three
delegations (Azerbaijan, Armenia and NK). Specific, narrower ones could be
handled by the delegation of Azerbaijan with either the delegation of Armenia
or that of NK. In the latter case, the third delegation would be present only
as an observer, without the right to express itself. The valuable resource of
daily work in a lobby, which is not present now, will be evident in such an
arrangement. Of course, such a scheme of negotiations is not a panacea. It provides
only a means to move from a 10-year impasse to the first results, to
gradually decrease the intensity of the situation and improve conditions in
an area that houses the most complex conflict on the post-Soviet space. Its
advantage is only in overcoming both deadlocked approaches: 1) the demand for a
"package" solution of all problems that actually blocks settlement;
2) transition to this scheme and , strangely enough , even its refusal will
prevent the flare-up of the atmosphere around Karabakh and the threat of
renewed war. It is important to understand that we are not speaking about a quick
settlement of the Karabakh problem, yet. The major value is this scheme is
the preservation of the control over a situation by the international community,
the prevention of its degradation and slippage into war, and the mitigation
of tension and possible convulsions. THE OSCE MINSK GROUP PROCESS OF
SETTLEMENT is ambiguous.
Long and persevering efforts on a reduction of the international control over
the situation around NK developed following the cease-fire may be attributed
to the positive aspects of the Minsk process. Supporting the Minsk process,
it is necessary to take into account that considered, constructive criticism
is more useful than ceremonial compliments to the OSCE MG. From the
beginning, Russia stood for sober analysis and took steps to increase its
effectiveness. Russia is responsible, for example, for drafting the operative
rules of conflict resolution, March, 1993; and the project of the mandate of
the MG, October, 1994. Very few people know that the MG emerged
spontaneously, without any decision of the OSCE bodies, becoming a unique
structure within an all-European organization without a precise mandate. The success of mediation
depends not on the number of states participating in it, but on a complex of
factors. It is more likely that too many intermediaries may become a
hindrance. It is one thing to speak of the 11 member Minsk Conference, if it
was ever to convene; and it is absolutely another thing to consider the
"neutral" nine of the so-called Minsk Group (the 11 minus
Azerbaijan and Armenia), which replaced the Conference and was called upon to
engage operatively in the mediation process without the appropriate mandate. As
noted at the outset, under the influence of major powers, the MG has made a serious miscalculation
on the question of the interests relevant to the settlement of the conflict. It was quite obvious that because of the large number of objective
criteria for movement toward a settlement, Russia had the best chances and it
achieved actual results. This was attested to also in the documents of that
time. Resolutions of the UNSC, the decision of the OSCE Budapest Summit noted
"the decisive contribution of the Russian Federation". Instead of
support of Russia’s efforts and of the use of its unique opportunities for
localizing and curtailing the conflict, the MG has followed the preferences
of the powers interested in the decrease of Russian influence in Transcaucasia
and the disintegration of the post-Soviet space. This was shown vividly in the battle to bring to an end military
operations. If for Russia and the CIS countries an absolute priority was to
end the bloodshed, there were other purposes of greater importance for a
number of our partners in the MG. (For example, to ensure the continuity of
the negotiating process. On this point, one could see the differences in the
cease-fire proposals in the spring of 1993, after the fall of Kelbajar).
Moreover, the MG and same his members hindered the Moscow’s mediation
efforts. The agreement between Russia, the USA and Sweden (Stockholm,
January, 1994) that the mediators would not hinder each other's efforts was
violated within a few days, compelling the president of the Russian
Federation to send a message to the president of the USA. The more than
self-restrained response of the MG to the cease-fire achieved by Russia on
May 12, 1994 is characteristic of this. It is possible to note the large number of Russian proposals accepted
by the MG later, but only after initial resistance. These include a
recognition of three parties in the conflict; the creation of the joint
coordination commission; the usefulness of direct contacts between the
parties; the necessity of providing a legal basis to documents, to obligate
the parties to respect them; the study of the problems of Lachin and Shushi,
etc. The unwillingness of MG to cooperate with CIS countries, though the conflict
was in the Commonwealth region, and the refusal to accept Kazakhstan in the
MG are rather eloquent examples. The frailty of the MG as a negotiation mechanism became obvious in
1994, and its role was passed to its co-chairmen. Negotiations within the framework
of the MG are quite often referred to, but there are no Minsk Group
negotiations. The Minsk Group is only
a symbol of multilateral diplomacy, and its role is, practically, solely
consultative. There are several questions also about the
activities of the co-chairmen. Their departure from the decisions of the OSCE
Budapest Summit, their passivity concerning the deformation of the
negotiation process and elimination of NK as a third party to the
negotiations, their rejection of former methods of work (direct negotiations)
with the parties, their self-restriction when "assisting" meetings
of presidents and ministers of foreign affairs of Azerbaijan and Armenia,
their indifference to regular threats of resorting to the use force for the
resolution of the conflict provide sufficient proof. Nevertheless, it is
important to maintain the OSCE mechanism involved in the resolution of the
Karabakh, to speed up its work, and to avoid duplication by other
international organizations less familiar with Karabakh.
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