Helsinki Citizens’ Assembly-Vanadzor

The undersigned social organizations and the lawyer have expressed their deep concern about the methods and pace of border demarcation and delimitation in the Tavush region between the Republic of Armenia and the Republic of Azerbaijan in recent days. 

It is certain that the process of demarcation between the two states is important; however, it should be implemented under international law and with strict adherence to the requirements of the domestic laws of the Republic of Armenia. 

First, according to the announcement of the Prime Minister of the Republic of Armenia, the demarcation is being carried out under a clear threat of aggression against the Republic of Armenia, which already serves as a basis to claim that the demarcation and delimitation are not being conducted in accordance with international law.

Real and lasting peace in the region can only be achieved under conditions that exclude the use of force and its threats. Meanwhile, no real and effective steps have been taken by Azerbaijan to withdraw its armed forces from the territories occupied as a result of various attacks and invasions into the sovereign territory of the Republic of Armenia (both from the 1990s and as a result of the attacks during 2021-2022). 

According to the statements of the executive authorities of the Republic of Armenia, the demarcation processes are being carried out based on the principle of turning the administrative borders that existed within the framework of the Soviet Socialist Republics (USSR) into state borders, in accordance with the principle of uti possidetis.

At the same time, the Minister of Foreign Affairs of the Republic of Armenia recently reiterated that the Republic of Azerbaijan avoids explicitly confirming that it will be guided by the administrative borders inherited from the USSR and that it will be the legal successor of those borders. In the absence of a written agreement on the cornerstone principle of the legal succession regarding borders, whether administrative or state, as well as the Republic of Azerbaijan's declaration of independence proclaiming itself the successor of the First Republic, which lays the groundwork for territorial claims against Armenia, and in the context of military attacks on the territory of the Republic of Armenia and the active development of narratives presenting the territory of the Republic of Armenia as Western Azerbaijan, legitimate demarcation cannot take place.

Furthermore, the demarcation is being carried out without adherence to the proper legal processes provided by the legislation of the Republic of Armenia, but rather based on the agreement of the demarcation committees, which still lack clear and pre-established frameworks of authority and work regulations. This cannot be considered a legitimate process based on the Constitution of the Republic of Armenia and other legal acts. 

The demarcation carried out in this way contradicts the domestic legislation of the Republic of Armenia and the approaches adopted by the Republic of Armenia regarding the demarcation of the state borders between the Republic of Armenia and the Republic of Georgia. Particularly, according to the position of the Ministry of Foreign Affairs of the Republic of Armenia, “As the entire agreement on the outline of demarcations has not been finalized and approved by the judicial bodies, the agreed parts are not considered final and agreed upon.”

In addition, the RA law on “ State border” requires that while  locating and modifying the state border, the relationships between border states as well as regulating the legal relations in the border regions and international communications routes, the Republic of Armenia is guided by the following principles. 

1. a) Protection of the territorial integrity of the Republic of Armenia
2. b) Ensuring the security of the Republic of Armenia and the fulfillment of international obligations undertaken by the Republic of Armenia
3. c) Comprehensive mutually beneficial cooperation with foreign states
4. d) Peaceful resolution of border issues

The ongoing processes of demarcation are not based on the protection of the territorial integrity of the Republic of Armenia, as these agreements do not contribute to the de-occupation of Armenian territory; rather, they are conducted under the threat of force. The security of the Republic of Armenia is not ensured too, as well as the protection of the rights and legal interests of the citizens of RA acquired by the constitution and international obligations. 

The protection of the rights and security of the residents living in the border villages of the Republic of Armenia is an imperative.  

The head of the RA government has noted that according to the agreement, the border to be demarcated must have two sides, where the border guard troops of the states must be deployed. 

Considering Azerbaijan's repeatedly documented anti-Armenian policies, including those confirmed by international bodies, and their continuous dissemination, including through education in schools among children, the war crimes committed by Azerbaijani armed forces against Armenians in recent years, including the killing of civilians, beheadings, shootings, torture, direct targeting, the ongoing destruction of Armenian cultural heritage and the erasure of Armenian traces, the forcible displacement of the entire population of Artsakh from their homeland, and the total impunity for all these horrific crimes, the deployment of Azerbaijani forces, including border guards, in the immediate vicinity of vital areas of the civilian population poses serious and real security risks. The undersigned human rights organizations have documented numerous instances of apparent war crimes committed by the Azerbaijani border guard troops during the war unleashed by the Republic of Azerbaijan against the Republic of Nagorno-Karabakh on September 27, 2020. These include the killing of prisoners of war, mutilation of corpses, and torture. A group of Armenian servicemen is still considered missing after falling under the control of the border guard troops.

Moreover, since 2020, the illegal actions and crimes committed by Azerbaijani troops against the residents of the Syunik region of the Republic of Armenia, including deliberate shootings at villages and houses, the most recent incident on April 9, 2024, targeting of peaceful civilians, theft of animals, closure of the Goris-Kapan road, intimidating people traveling on that road, including children, and other security threats indicate a real possibility of the same situation occurring in the Tavush region. This is considering that the RA-Georgia interstate road will pass through territories presumed to be controlled by Azerbaijan. Azerbaijani troops will be directly deployed near residential houses, vital infrastructure, and schools, which will be under direct threat from Azerbaijani forces. For example, the Kirants village school will be only 70 meters away from the presumed Azerbaijani border. As a result of the demarcation, the property of some civilians, including houses and land lots, will either pass to the presumed territories of Azerbaijan or be located immediately near the border, making it impossible to use the property. 

It is important to state that the authorities of the Republic of Armenia,  represented by the Prime Minister, do not exclude the possibility of threats and the use of military force by Azerbaijan even after the demarcation. In such a case, it becomes imperative to use recognized experience and applied provisions of international law in the process of demarcation and delimitation. 

At the same time, in the event that the use of the interstate road becomes impossible, the residents of the villages of Kirants, Voskepar, and Kayan face the danger of blockade. This will create significant risks for the safe living environment of the population, endangering the lives, property, freedom of movement, education, health, and other rights of the residents of these villages. Under such real security threats, the villages are in danger of becoming depopulated. Under such conditions, there is a high probability that the population of these villages will leave their permanent residences due to serious threats to children's safety and the impossibility of properly ensuring the right to education. The Republic of Armenia, represented by the Government and the current authorities, has an obligation to guarantee the safety of the residents of these villages and the protection of all their rights.

In this regard, the clearly disproportionate use of force by RA Police against civilians who have been protesting in Kirants village in recent days, as well as the illegal detention of peaceful protesters, is unacceptable. The police, within the scope of their authority, are obligated to ensure the rights and freedoms of residents and every individual, as well as their dignity, and to maintain public safety. The suppression of residents' legitimate concerns and their struggle by police forces is not lawful and can create a greater sense of vulnerability and distrust among the residents. 

Taking into account the above mentioned, we demand from the Government of the Republic of Armenia:

• In the process of delimitation and demarcation with the Republic of Azerbaijan, it is essential to rely on the norms and principles of international law, strictly adhering to the requirements set forth by the Constitution of the Republic of Armenia and other legal acts.

• In the process of delimitation and demarcation, it is essential to guarantee the rights and safety of the residents of the border villages as defined by the Constitution of the Republic of Armenia. The Government of the Republic of Armenia is obligated to ensure all necessary and sufficient conditions to guarantee the right of individuals to live safely and with dignity in their settlements.

• Review the composition of the Delimitation and Demarcation Commission and working groups by involving specialists in international law, cartographers, and other relevant experts. 

• Ensure transparency, predictability, and clarity for the public in the demarcation processes, including the principles of demarcation and the tools used.

• Refrain from unilateral actions that do not ensure the protection and security of the territorial integrity of the Republic of Armenia.

Helsinki Citizens’ Assembly Vanadzor 

Protection of Rights without Borders NGO

Transparency International Anti-Corruption Center

Helsinki Association human rights NGO

Zaruhi Hovhannisyan, human rights defender