Zheleznovodsk Declaration

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Country/entity: Armenia
Azerbaijan
Russia
Nagorno-Karabakh
Region: Europe and Eurasia
Agreement name: Zheleznovodsk Declaration
Date: 23 Sep 1991
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
Nagorno-Karabakh Conflict (1991 - )
The territory of Nagorno-Karabakh has been a long-standing object of dispute between Armenia and Azerbaijan. During the existence of USSR, the territory was assigned to Azerbaijan, starting in 1921. After decades of disagreements over the status of Nagorno-Karabakh, and in the wake of Gorbachev’s policies of political openness, the protests by Armenians in the region escalated into violent conflict in 1990, exacerbated by the central government’s inability to control the republics as the USSR itself was on the verge of collapse. The Autonomous Region (Oblast) of Nagorno-Karabakh (NKAO) proclaimed independence from Azerbaijan in 1991, after the Parliament of the Azerbaijan Soviet Socialist Republic voted to abolish the Oblast. The territory itself is populated by ethnic Armenians, but surrounded by territories with an Azeri majority. The territory proclaimed independence, with the support of Armenia, and incorporating the areas that surround it, but has never gained international recognition and remains a de jure part of Azerbaijan. The violence intensified , leading to an estimated overall death toll of 30 000 After several attempts at mediation, the opposing sides agreed to a ceasefire in May 1994, but the situation has not been resolved to date and the violence had briefly resumed in the spring of 2016. The initial ceasefire in 1994 was the outcome of the so-called “Minsk process”, overseen by OSCE, with the participation of Russia, France, and the US.
Stage: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Armenia-Azerbaijan-Nagorno Karabakh: Process 1990s
Parties: For the Russian Federation:
Boris Yeltsin
For the Azerbaijani Republic:
Ayaz Mutalibov
For Kazakhstan:
Nursultan Nazarbayev
For the Republic of Armenia:
Levon Ter-Petrosian
Third parties: Taking part in the discussion of the communiqué were:
Ye. Shaposhnikov
V. Barannikov
S. Voskanyan
M. Gezalov
V. Dzhafarov
R. Kocharian
L Petrosian
M. Radayev

Mediating mission, led by President Boris Yeltsin of the Russian Federation and President Nursultan Nazarbayev of Kazakhstan
Description: Further to mediation mission by Boris Yeltsin (Russian Federation), and Kazakhstan, parties agreed that the sides believe that the necessary and binding conditions for settlement of the conflict are a ceasefire, the repeal, before January 1 1992, of all unconstitutional Azerbaijani and Armenian enactments concerning Nagorno Karabakh, the recognition of authority of legitimate bodies of power, the withdrawal from the conflict zone of all armed forces, except units of Soviet Interior Ministry and Soviet Defence Ministry troops.

Agreement document: AZ_910923_Zheleznovodsk_Declaration.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Anti-discrimination
Page 1, The sides seeking settlement of the conflict are guided by the principles of non-interference in internal affairs of sovereign states and the undeviating observance of civil rights of citizens, irrespective of their nationality and in accordance with international legal norms.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Rhetorical
Page 2, 3. The Republic of Azerbaijan and the Republic of Armenia ensure the eventual return of deported people to their homes, beginning with the fully vacated villages.
The sides guarantee safety in places of permanent residence. Talks on this problem must begin from October 1991.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 1, The sides seeking settlement of the conflict are guided by the principles of non-interference in internal affairs of sovereign states and the undeviating observance of civil rights of citizens, irrespective of their nationality and in accordance with international legal norms.

Page 3, The provisions contained in this communiqué cannot be viewed as the right of the mediators to interfere in the internal affairs of sovereign states - the Azerbaijani Republic and the Republic of Armenia.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Other
Page 1, The sides seeking settlement of the conflict are guided by the principles of non-interference in internal affairs of sovereign states and the undeviating observance of civil rights of citizens, irrespective of their nationality and in accordance with international legal norms.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: Rights related issues→Citizenship→Citizen, general
Page 2, The main results of discussion are as follows:
A working group of observers is hereby entrusted with working out measures to safeguard the ceasefire, neutralize all armed forces defined as illegitimate, create guarantees of safety for all citizens residing in the conflict zone.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media logistics
Page 2, 6. During the talks the sides arrived at a unanimous decision to guarantee the flow of impartial information into the conflict zone.
It was decided to set up an information group, consisting of representatives of the Russian Federation and Kazakhstan authorized to prepare official information about developments in the conflict zone.
Mobility/access: Page 2, 5. Together with federal bodies, the sides guarantee to normalize all railway, air traffic and communications systems within two weeks.
All sides, with the cooperation of mediators, will start negotiations to ensure the free and mutually beneficial functioning of all highways.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→General commitments
Page 1-2, The main results of discussion are as follows:

The sides believe that the necessary and binding conditions for settlement of the conflict are a ceasefire, the repeal, before January 1 1992, of all unconstitutional Azerbaijani and Armenian enactments concerning Nagorno Karabakh, the recognition of authority of legitimate bodies of power, the withdrawal from the conflict zone of all armed forces, except units of Soviet Interior Ministry and Soviet Defence Ministry troops.

Page 2, The main results of discussion are as follows:
A working group of observers is hereby entrusted with working out measures to safeguard the ceasefire, neutralize all armed forces defined as illegitimate, create guarantees of safety for all citizens residing in the conflict zone.
Police: No specific mention.
Armed forces: Page 1, The intense conflict in the region of Nagorno Karabakh has gone on unabated for four years, claiming the lives of numerous people of different nationalities - civilians and services personnel of regular Army units and interior troops.

Page 2, The main results of discussion are as follows:
When this period has expired, the presence of all armed forces and their activities will be considered illegal by all sides and will be suppressed by the Soviet Interior Ministry troops, and members of armed forces are liable under [word indistinct].
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: Page 1-2, The main results of discussion are as follows:

The sides believe that the necessary and binding conditions for settlement of the conflict are a ceasefire, the repeal, before January 1 1992, of all unconstitutional Azerbaijani and Armenian enactments concerning Nagorno Karabakh, the recognition of authority of legitimate bodies of power, the withdrawal from the conflict zone of all armed forces, except units of Soviet Interior Ministry and Soviet Defence Ministry troops.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: Mediating mission, led by President Boris Yeltsin of the Russian Federation and President Nursultan Nazarbayev of Kazakhstan
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 2, The main results of discussion are as follows:
A working group of observers is hereby entrusted with working out measures to safeguard the ceasefire, neutralize all armed forces defined as illegitimate, create guarantees of safety for all citizens residing in the conflict zone.
Related cases: No specific mention.
Source: UN Peacemaker; http://peacemaker.un.org/node/473

Zheleznovodsk Declaration

Zheleznovodsk, 23 September 1991

Joint Communiqué on the Results of the Mediating Mission of President Boris Yeltsin of the Russian Federation and President Nursultan Nazarbayev of Kazakhstan

[Unofficial translation, Moscow TASS, 24 Sep 1991]

The intense conflict in the region of Nagorno Karabakh has gone on unabated for four years, claiming the lives of numerous people of different nationalities - civilians and services personnel of regular Army units and interior troops.

The central authorities of the USSR have been unable to work out and implement effective measures to normalize the situation in the region.

Gross errors were made resulting in the worsening of confrontation between the sides and the increase of distrust in federal bodies.

In the obtaining [as received] situation, the need arose for mediating efforts aimed at creating conditions to start the negotiating process capable of gradually laying the foundation for the normalization of the situation in the region.

Upon agreement with the Azerbaijani and Armenian sides, the leaders of the Russian Federation and Kazakhstan took upon themselves the role of mediators.

On September 20-23, 1991, the mediating mission, led by President Boris Yeltsin of the Russian Federation and President Nursultan Nazarbayev of Kazakhstan, visited Baku, Gyandzha, Stepanakert and Yerevan.

The sides seeking settlement of the conflict are guided by the principles of non-interference in internal affairs of sovereign states and the undeviating observance of civil rights of citizens, irrespective of their nationality and in accordance with international legal norms.

Through mediation some problems of the gradual selement of the conflict were discussed.

The main results of discussion are as follows:

The sides believe that the necessary and binding conditions for settlement of the conflict are a ceasefire, the repeal, before January 1 1992, of all unconstitutional

Azerbaijani and Armenian enactments concerning Nagorno Karabakh, the recognition of authority of legitimate bodies of power, the withdrawal from the conflict zone of all armed forces, except units of Soviet Interior Ministry and Soviet Defence Ministry troops.

When this period has expired, the presence of all armed forces and their activities will be considered illegal by all sides and will be suppressed by the Soviet Interior Ministry troops, and members of armed forces are liable under [word indistinct].

A working group of observers is hereby entrusted with working out measures to safeguard the ceasefire, neutralize all armed forces defined as illegitimate, create guarantees of safety for all citizens residing in the conflict zone.

2. For purposes of taking coordinated measures to normalize the situation in the conflict zone a provisional working group is set up, including authorized representatives of the Russian Federation and Kazakhstan.

The working group begins activities from 1 October.

3. The Republic of Azerbaijan and the Republic of Armenia ensure the eventual return of deported people to their homes, beginning with the fully vacated villages.

The sides guarantee safety in places of permanent residence.

Talks on this problem must begin from October 1991.

4. The sides involved in the conflict begin an immediate release of hostages.

This process must be completed within a period of two weeks, upon the expiry of which persons involved in holding hostages may be prosecuted under the law.

Control over compliance with this provision is exercised by authorized representatives of the mediating sides.

5. Together with federal bodies, the sides guarantee to normalize all railway, air traffic and communications systems within two weeks.

All sides, with the cooperation of mediators, will start negotiations to ensure the free and mutually beneficial functioning of all highways.

6. During the talks the sides arrived at a unanimous decision to guarantee the flow of impartial information into the conflict zone.

It was decided to set up an information group, consisting of representatives of the Russian Federation and Kazakhstan authorized to prepare official information about developments in the conflict zone.

7. The supreme bodies of the state authority of Azerbaijan and Armenia will approve authorized delegations, which will immediately begin bilateral negotiations on a permanent basis.

8. The sides believe the negotiation process will begin once bilateral treaties have been prepared and signed between the Russian Federation and the Azerbaijani Republic, the Russian Federation and the Republic of Armenia, Kazakhstan and Azerbaijan, and Kazakhstan and the Republic of Armenia.

9. The working group of observers is entrusted with preparing, within a month, proposals for the subsequent stages of settling the conflict.

10. The working group of observers will regularly inform the top leaders of the four republics on progress on realizing the measures envisaged by this communiqué.

The provisions contained in this communiqué cannot be viewed as the right of the mediators to interfere in the internal affairs of sovereign states - the Azerbaijani Republic and the Republic of Armenia.

The communiqué is signed by:

For the Russian Federation:

Boris Yeltsin

For the Azerbaijani Republic:

Ayaz Mutalibov

For Kazakhstan:

Nursultan Nazarbayev

For the Republic of Armenia:

Levon Ter-Petrosian

Taking part in the discussion of the communiqué were:

Ye. Shaposhnikov

V. Barannikov

S. Voskanyan

M. Gezalov

V. Dzhafarov

R. Kocharian

L Petrosian

M. Radayev

September 23, 1991

Zheleznovodsk