“Concept of Return” adopted by Community of Western Azerbaijan Full text

As previously reported, the "Concept of Return" to West Azerbaijan has been approved.

APA presents the full text of the concept:

1. Introduction.

Founded in 1989 as the "Refugee Organisation of Azerbaijan" and named "The Community of West Azerbaijan" in 2022 (the Community), the organisation is dedicated to the protection of the rights of Azerbaijanis exiled from the territory of present-day Armenia.

This Concept outlines a general framework of objectives, principles, and preparatory and executive activities to be undertaken by the Community for the return of Azerbaijanis forcibly evicted from the territory of present-day Armenia. The Concept is based on international law, relevant national legislation, and historical facts and serves to establish justice and peace.

2. Description of the problem

Over the past two centuries, the people of Azerbaijan have suffered greatly from armed conflict, occupation, ethnic cleansing, forced displacement, and genocide. The complete expulsion of Azerbaijanis from the territory of present-day Armenia, where they once constituted an absolute majority, ended in 1991. As a result of ethnic cleansing, this territory is now inhabited exclusively by Armenians.

The ethnic cleansing committed against Azerbaijanis was in most cases the result of systematic state activity and was carried out through violence, massacres, and other crimes against humanity, as well as gross violations of human rights. This process was especially severe and ruthless in 1905-06, 1918-21, 1948-53, and 1987-91. The consequences of these acts, including the results of the entities called "The Republic of Armenia", "Republic of Mountainous Armenia" in 1918-21, "The Republic of Armenia" in the Soviet Union, particularly the infamous leader of the USSR, Joseph Stalin, who gave many regions to Armenia, including Zangazur, which had a predominantly Azerbaijani population, and signed the racist decision to deport hundreds of thousands of Azerbaijanis from Armenia, and the Armenian SSR in 1987-91, are still making themselves felt.

Historic and cultural heritage belonging to Azerbaijanis, including mosques and cemeteries, were widely destroyed in the territory called Armenia, geographical names were changed, and racial discrimination was systematically perpetrated against Azerbaijanis. Those involved in ethnic cleansing and other crimes against Azerbaijanis and their actions are glorified in Armenia at the state level.

This unprecedented injustice created a sense of impunity in the ruling circles of Armenia and prompted them to make territorial claims to the internationally recognized territories of the Republic of Azerbaijan, to use force, to carry out the military occupation, to commit ethnic cleansing on a massive scale and to commit other crimes against humanity.

The victory of the Republic of Azerbaijan's self-defence operation against the military attack and Armenian occupation in 2020 was an important step towards the restoration of justice and increased the possibility of peace between the two countries. On the other hand, the failure to return Azerbaijanis expelled from the territories of present-day Armenia, the continuation of the policy of mono-ethnic statehood, ethnic cleansing, and systematic racial discrimination is a great injustice and poses a serious threat to the establishment of lasting peace.

3. Aims, objectives, and approach

The Community does not accept the injustices perpetrated against Western Azerbaijanis over the past two centuries and rejects the consequences of these injustices. Based on the right to return enshrined in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention relating to the Status of Refugees, and other important international instruments, the Community declares its main goal to create conditions for the return of Azerbaijanis expelled from the territory of present-day Armenia to their native lands and to secure their individual and collective rights to return there. The main aims and principles of the activities realised by this concept are:

To reach a legally binding international agreement with an appropriate verification mechanism and guarantee for the voluntary, safe and dignified return of Azerbaijanis expelled from the territory of present-day Armenia to their homelands;

Provision of the return process with appropriate security, humanitarian and socio-economic assistance programmes;

To establish international monitoring, reporting, security, intervention, and other necessary measures to prevent re-eviction and any discrimination and harm to the returnee population;

To ensure the sustainable rehabilitation and reintegration of returnees through the implementation of internationally monitored reconstruction and reconciliation measures.

As the legitimate representative of the Western Azerbaijanis for decades, the Community will play an active role in the return process, as a party concerned making efforts to engage in dialogue and cooperation with and recognition by the relevant states and international organisations as a legitimate interlocutor.

The special ties of Western Azerbaijanis with Azerbaijan, which has long cared for them, should be taken into account and an opportunity should be created for their unhindered communication with the Republic of Azerbaijan upon their return to their native lands.

The return process should restore the configuration of settlement of Western Azerbaijanis prior to their expulsion. Attempts to disperse Azerbaijanis under different pretexts and through legal subterfuges are a form of racism and will be rejected as a detrimental approach to reintegration.

Deviation from this principle can only take place on the basis of the free will and consent of the relevant persons.

The decision to return an exiled person must be voluntary and the exile must be fully informed of his or her rights and entitlements in order to make that decision. It must be taken into account that the individual can only decide to return once he or she has been satisfied that a safe and dignified return home is possible, including adequate guarantees and allocation of sufficient resources to build a life during and after return, and that his or her individual and collective rights will be guaranteed in their historical homeland.

In the return process, the interests of women, children, and persons belonging to vulnerable groups will be taken into account as a main priority, internationally accepted progressive concepts and standards in this area, including the Women, Peace, and Security approach, will take the lead in the return process.

The community understands that there has been a deep divide between the Armenian and Azerbaijani peoples over the past two centuries and that as a result of Armenian actions contrary to international law, a significant number of people are now suffering security problems, and believes that responsibility for the political, legal, social, humanitarian and security problems that have arisen lies with Armenia. The community, recognising humanitarian urgency as an objective criterion in the peaceful resolution of security problems, considers that in the process of establishing sustainable peace the time during which injustice and wrongdoing remain unaddressed is the main criterion for international attention.

Thus, the longer wrongs and injustices remain unaddressed, the greater the sense of impunity and the greater the injustice that is generated. This, in turn, encourages fait accompli and such inhumane, damaging, and dangerous tactics as putting to rest one injustice by committing more. The Community, therefore, believes that the restoration of the rights of Western Azerbaijanis, who have been subjected to great injustice, is among the first issues to be considered in the context of regional security and the restoration of relations between Armenia and Azerbaijan.

4. Planning and key implementation issues

The Community, on the basis that the right to return is a guiding principle of international law and human rights, takes into account the complexity of the process. The Community expects that the main obstacle to the realisation of the right to return will be Armenian resistance. In addition, the return process consists of resolving a significant number of legal issues, the security component, and the acquisition of large amounts of resources. Along with Azerbaijan and Armenia, the resolution of all these issues requires the support of the wider international community.

The Community will play a central role in all phases of the repatriation process and will continue to do so once the repatriation process is complete.

Conceptually the position of the Community on the main topics of return is as follows:

4.1 International legal framework and safeguards

The primary objective is to put the expulsion of Azerbaijanis from the territory of present-day Armenia on the international agenda as an unprecedented injustice, to ensure that this situation is recognized as a threat to international peace and security, and to reach legally binding solutions and agreements with appropriate verification mechanisms and guarantees ensuring the right of return for Azerbaijanis to achieve sustainable peace and justice. To this end, the Community will seek to ensure that the creation of conditions for the return of Azerbaijanis expelled from western Azerbaijan is reflected as an Armenian obligation in the peace treaty between Azerbaijan and Armenia.

The Community will initiate contacts with the Government of the Republic of Azerbaijan, the Government of the Republic of Armenia, the permanent member states of the UN Security Council, countries of the region, and other relevant states and organizations to form an international legal framework for return.

4.2 Identification and census of Community members

All Azerbaijanis expelled from the territory of present-day Armenia and their descendants have the right to return to their homeland. The community will carry out a census of members through the population registration services of the Republic of Azerbaijan and other countries where western Azerbaijanis live and on the basis of appropriate international methodology. Given that self-representation of the individuals concerned is one of the effective tools of this type of census, a broad information campaign will be carried out to encourage them to take this step, with an emphasis on the fact that expulsion from the homeland is a grave offence and the general public will be sensitised on the safe and dignified return approach.

4.3 Preparing a return plan

The Community will endeavour to find a suitable international implementing partner for the orderly and effective implementation of the return process. The Office of the United Nations High Commissioner for Refugees will be the preferred partner. The Community, together with the international implementing partner, will develop a detailed return plan based on applicable international standards in contact with the Government of Azerbaijan and the Government of Armenia. The return plan should outline the stages and directions of the process, indicating the necessary steps and resources as well as a clear timeline.

4.4 Relationship to Armenia's Legal Framework

Western Azerbaijanis, forcibly expelled from the territory effectively controlled by the political-legal entity known as the "Republic of Armenia", have been deprived of the opportunity to participate in the formation of that state and the formation of its constitutional foundations and national-legal character. The Community is aware that the Republic of Armenia is a member of the United Nations (UN), is recognised by most states, and regards the Republic of Armenia as a political-legal reality.

Armenia's accession to the relevant international legal documents, including the UN Charter, imposes specific obligations on that country to restore and protect the rights of Azerbaijanis expelled from its territory, including creating conditions for their safe and dignified return to their homes. The Community views the possible activities of Western Azerbaijanis, individually and collectively, within the Armenian legal system as a practical matter, and rejects the interpretation of this as acceptance of any injustice and illegal acts committed against Azerbaijanis on its territory, as well as a denial of legitimate interests.

The Republic of Armenia should make its national legal framework accessible to the Azerbaijani community, ensure equal rights for Azerbaijanis, enable them to study in their native language, and use the Azerbaijani language in legislative, executive, and judicial bodies, in order to fully protect the rights of Azerbaijanis to improve its legislation should start a constructive dialogue with the community within the legal advisory, monitoring and oversight mechanisms of relevant international institutions.

In any case, Azerbaijanis expelled from western Azerbaijan have the right to live in their homeland; this right is eternal, inviolable, absolute, and decisive. The provision by Armenia of identity, property, and other documents does not create this right, and their non-provision does not deprive this right. The issuance of such documents is only a formal and technical matter and it is an obligation that the Republic of Armenia must unconditionally fulfill.

4.5 Ensuring security

In view of the widespread and systematic violence perpetrated by the government of the Republic of Armenia against Azerbaijanis, the Community does not trust the security of that state and considers it essential that an international security mission with an appropriate mandate, comprising forces of trusted states, is deployed in the territories to be returned to the Western Azerbaijanis.

The mandate and capabilities of the international mission will depend on the security situation. Given that a threat assessment requires appropriate information gathering and analysis capabilities, and these are not available in the Community, it looks to the government of the Republic of Azerbaijan for assistance on this issue. The Community will take as a basis the threat assessment that the government of Azerbaijan is able to provide on this issue.

The mission should be deployed prior to return, take control of the areas concerned, have civil-military ties, police and civil administration powers, and operate for as long as the Community considers necessary.

The community should be represented as a party concerned in the formulation of the mandate and management format of an international security mission.

Given that adequate participation in law enforcement and justice matters is a prerequisite, conditions should be created for Azerbaijanis to form local security forces and play an appropriate role in the courts.

4.6 Property issues

The Armenian government is also responsible for offences committed against Azerbaijanis, including the remediation of property rights violations. The Armenian government should ensure the return of property and communal land belonging to Azerbaijanis and pay compensation for property damage and losses caused by interference with the use of the property. The Armenian government should pay all costs associated with the restoration of Azerbaijani property rights and take other necessary measures.

4.7 Reintegration and rehabilitation

In the initial periods following the return of the repatriated Azerbaijanis, they will need humanitarian assistance, and then reintegration, rehabilitation, and assistance programmes for long-term socio-economic development. The community is set to become a key partner for international organisations and donors to implement relevant programmes in this field.

Social ties and settlement dynamics are essential for the success of reintegration and rehabilitation measures. Experience shows that maintaining the settlement configuration prior to eviction facilitates the re-establishment of social ties and thus facilitates reintegration and rehabilitation. As a human rights requirement, therefore, maintaining the settlement configuration is a prerequisite for the success of reintegration and rehabilitation.

4.8 Restoration and protection of cultural heritage

The community will endeavour, with the involvement of UN specialised agencies, to achieve an assessment of the Azerbaijani cultural heritage in Armenia, develop a list of destroyed examples of cultural heritage, and ensure Armenia's commitment to its restoration and protection.

4.9 Reconciliation between ethnic communities

A great injustice has been committed against West Azerbaijanis. This injustice was not limited to ethnic cleansing. People from other places have moved into the homes of West Azerbaijanis.

Keeping this painful past in mind, the Community accepts that peace and development can only be achieved through reconciliation. West Azerbaijanis are ready to live peacefully, and side by side, with Armenians resettled in their homeland from other countries. The community expects that achieving a truce will be time-consuming and difficult. The community sees respect for human rights, the rule of law, and the elimination of double standards as important tools to achieve a truce. The Community will therefore work towards ending Armenian policies and practices of hatred and discrimination against Azerbaijanis, an immediate end to the glorification and prosecution of those who have committed crimes against Azerbaijanis, including the removal of monuments to military and political figures and terrorists involved in crimes against Azerbaijanis, and the reversal of changes in geographic names.

4.10 Long-term activities of the Community

The community believes that its mission is not limited to the issue of return. Upon return to the homeland, the Community will continue its activities as an organisation, including its intention to continue its consolidated efforts to safeguard the interests, rights, development, and security of Azerbaijanis living there, and to this end will continue the dialogue and mutual activities with the Republic of Azerbaijan, foreign states and international organisations as well as the government and the public of Armenia.

5. Final provisions

The Community will take the initiative and responsibility for the implementation of the concept in an effort to obtain, within a legal framework, the resources for this purpose. The Community can modify the concept depending on possible changes in the situation.