The EU-Azerbaijan relations have seen a progressive development throughout the years. Economic relations have seen a lot of growth in terms of hydrocarbons trade and major energy projects. Political side of relations is also steadily developing with EU and Azerbaijan working on the framework agreements on strategic partnerships that will indicate the high levels of relations. Readiness of EU to work on major projects with Azerbaijan, liberalized visa regime and blooming bilateral relations with most of the EU-states are the indicators of the high level of interaction of sides, common interests and values.
Since Azerbaijan have regained its independence
in 1991 it is facing a protracted armed conflict with neighboring Armenia
around Nagorno-Karabakh that have led to disastrous consequences for the region
in terms of humanitarian catastrophe of around 1 million of Azerbaijani
refugees and IDPs that were forced to leave their homes. The aggression of the Republic
of Armenia and its occupation of internationally recognized territories of
Azerbaijan are undisputable and have been recently confirmed by the judgment of
European Court of Human Rights in Chiragov
and others v. Armenia case. Yes, the European international judicial body
with a very high global authority and regard.
Despite
the unsubstantiated arguments of Armenians that Nagorno-Karabakh's Armenian
population constitutes "peoples", that these "peoples" have
voted on the referendum in accordance with Soviet legislation and international
norms, that these "peoples" have right to self-determination, the
European Court of Human Rights acting within the norms of international law
have passed a proper judgment. Of course there are no "peoples of Nagorno-Karabakh"
and there have never been such "peoples". Armenians of
Nagorno-Karabakh are the national minority on the territory of Azerbaijan and
that minority have expelled all the Azerbaijanis not only from former
Nagorno-Karabakh Autonomous Oblast' but from the seven adjacent regions of
Azerbaijan, which is clear from the aforementioned judgment. National
minorities do not have a right to self-determination in broader sense - so
there is no right to secession for them. Otherwise any minority in any country would
be able to establish a new state.
Not a single country or entity from the 15
former states of Soviet Union have used Soviet legislation to leave the Union
or have fulfilled all the legal criteria for that. Instead the Union dissolved
at the end of 1991 and all the former Soviet Republics were recognized in
accordance with the principle uti
possidetis juris in the same borders as they have had them in USSR's
administrative boundaries. Nagorno-Karabakh have been an integral part of
Azerbaijan Soviet Socialist Republic, that in its own turn, was an integral
part of Soviet Union. Nagorno-Karabakh was not a historical part of Armenia. In
XIX century Karabakh khanate have been incorporated into Imperial Russia and
later was a part of Azerbaijan Democratic Republic for a short period of time,
when that Republic became a part of Soviet Union. Due to the fact that this
territory had a Armenian minority living there compactly, in 1923 the decision
was taken by the Soviet authorities to grant the mountainous part of Karabakh
status of Autonomous Oblast'. It has to be pointed out that the same was not
done for the Azerbaijani minority leaving compactly in Zangezur of Armenia.
Those Azerbaijanis have been expelled during war between Armenia and Azerbaijan
in 1990-s and constitute main bulk of refugees from Armenia. Thus all the
arguments about Nagorno-Karabakh "never being part of Azerbaijan" are
quite false. Even XIX century documented accounts of UK Foreign Office indicate Karabakh as part of
country of Azerbaijan inside of Imperial Russia.
Despite all that, EU instead of adopting an
objective stance on Nagorno-Karabakh conflict and condemn the occupation of
Azerbaijani territories by Armenia, have chosen to stay "neutral" and
sacrifice the objectivity for the good relations with both sides of the
conflict. Such approach does not reflect neither the level of cooperation, nor
the developments in relations between EU and Azerbaijan. It has also
jeopardized the view that EU is governed by the democratic values,
international law and objectivity. Being neutral and being objective are not
the same. It is high time for EU to show objectivity and openly condemn the
occupation of Azerbaijani territories by aggressor and show support for the
just position of Azerbaijan in accordance with international law.
Kamal Makili-Aliyev
Doctor habilitatus of Laws
07.11.2016
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