Armenian National Congress Presented its Draft Resolution

While meeting with journalists today, Armenian National Congress (HAK) Coordinator Levon Zurabyan spoke of a draft resolution put forth by the HAK foreign relations committee that refers to the peaceful settlement of the Nagorno-Karabakh conflict.

The resolution (in full, below) is proposed as an example of a possible resolution which Armenia can present at a UN General Assembly meeting.

Draft resolution

Situation in regard of peaceful settlement of Nagorno-Karabakh conflict

The General Assembly of the United Nations

Guided by the purposes and principles of the Charter of the United Nations and international law establishing that States shall settle their disputes by peaceful means in such a manner that international peace and security and justice are not endangered,

Reaffirming that all member States shall refrain in their international relations from the threat or use of force or any other actions inconsistent with the purposes and principles of the United Nations,

Guided by the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations adopted by the General Assembly in its resolution 2625 (XXV) of 24 October, 1970, which proclaims the equal vigor and interrelation of all principles enshrined therein, and establishes that every State has the duty to refrain from any forcible action which deprives peoples referred to in the elaboration of the principle of equal rights and self-determination, of their right to self-determination and freedom and independence,

Guided also by the Geneva Conventions of 12 August 1949, in particular common article 3 thereof, and Additional Protocol II thereto, of June 1977,

Reaffirming the provisions of the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, as well as the Vienna Declaration and Programme of Action adopted in June 1993 by the World Conference on Human Rights, in particular Part II.B of the Declaration relating to equality, dignity and tolerance, 

Reaffirming also that Human Rights and Fundamental Freedoms are the birthright of all human beings, are inalienable and are guaranteed by law, their protection and promotion is the first responsibility of government, respect for them is an essential safeguard against an over-mighty State and that their observance and full exercise are the foundation of freedom, justice and peace,

Recalling the provisions of the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power of 29 November 1985 and that every internationally wrongful act of a State entails the international responsibility of that State as it is embodied in Resolution 56/83 adopted by the General Assembly on 12 December 2001,

Recalling Security Council resolutions 822 (1993) of 30 April 1993, 853 (1993) of 29 July 1993, 874 (1993) of 14 October 1993 and 884 (1993) of 12 November 1993, 

Recalling also all appropriate documents and agreements relevant to the conflict signed or adopted between the parties involved, within the framework of the OSCE and the OSCE Minsk Group established for a peaceful solution of Nagorno-Karabakh conflict, in the course of the negotiations aimed at the settlement of the conflict, including Final Document of the OSCE Budapest Summit of 6 December 1994,  Joint Communiqué of the official representatives of Azerbaijan and Nagorno-Karabakh signed in Moscow on 13 September 1993, Bishkek Protocol of 5 May 1994 and Ceasefire Agreement of 9-11 May 1994 signed by Armenia, Azerbaijan and Nagorno-Karabakh, 

Recalling in this regard also all relevant to the conflict correspondence and statements by state officials of parties involved and mediators, as well as acts adopted by national governments, such as the Section “907” of “Freedom Support Act” of the Congress of the United States of America, 

Reaffirming that the undeniable source and the indisputable reason of the Nagorno-Karabakh conflict were and remain the large scale military actions of Azerbaijani authorities against Armenian population of Nagorno-Karabakh, in response of their lawful attempt to realize their constitutional rights, including their  human rights and fundamental freedoms,

Recalling also that the loss by Azerbaijan of the territories surrounding Nagorno-Karabakh is a direct consequence of its persistent refusal to settle the dispute by peaceful means, as set forth in Chapter VI of the Charter of the United Nations, and its attempt to resolve the conflict by military means during the first  phase of the conflict, 

Welcoming the genuine efforts of the Co-Chairs of the OSCE Minsk Group, France, the Russian Federation and the United States of America, aimed at the final settlement of the conflict and achieving durable and negotiated peace and reconciliation in the Nagorno-Karabakh, and reaffirming the leading role of the OSCE Minsk Group in this regard,  

Deeply concerned with continuing provocative acts and hate speech aiming to inflame intolerance and violence motivated by ethnic hatred and intolerance which are the factors stimulating the outbreak of violence,

Gravely concerned with war rhetoric and constantly recurring threats to use force, as well as the subsequent escalation of tension and intensified military incidents along the ceasefire line and resulting in the loss of lives, 

Considering these manifestations of aggression as the return of Azerbaijan to its policy of refusal of peaceful settlement of the conflict which is inconsistent with international obligations of Azerbaijan, impede the process of peace negotiations within the framework of the OSCE Minsk Group and endangers the international peace and security;

Reaffirms the continuing applicability of all relevant norms of international law, including humanitarian law and international human rights law to the situation concerning the Nagorno-Karabakh conflict; 

Welcomes and commends again the efforts of the Co-Chairs of the OSCE Minsk Group, aimed at the final settlement of the conflict and achieving durable and negotiated peace and reconciliation in the Nagorno-Karabakh;

Also reaffirms that durable settlement of the conflict and the sustainability of peace agreement can be achieved only when the true causes of the conflict are properly addressed and eliminated, 

Strongly appeals to all the parties to the conflict to strictly observe and respect the rules and principles of international law, particularly the principle of peaceful settlement of disputes, to eliminate any manifestation of ethnic or racial intolerance, hate speech and incitement of violence;

Urges  all the parties to the conflict to refrain from war rhetoric, use of threat or use of force and reminds that the threat or use of force are impermissible under international law, constitute threat to international peace and security, can not be tolerated and entail international responsibility;   

Condemns in this regard the recent cases of violation of ceasefire and deplores the loss of lives;

Urges parities involved to strictly observe the ceasefire agreement, immediately to set up any additional arrangement that might be necessary in this regard and to refrain from any acts that may contribute to the recurrence of violence and can obstruct the process of peaceful settlement of the conflict;

Requests the Secretary General to bring the present resolution to the attention of all governments, the competent United Nations bodies, the specialized agencies and regional intergovernmental organizations;

Decides to remain ceased of the matter.