OSCE Minsk Group's Proposals

The Most Recent Existing Proposal, The Madrid Principles

Having failed to present a document that was acceptable to all parties, the Minsk Group continued to work to find a new compromise. The latest proposal (revised July 10, 2009 at the meeting in L'Aquila, published in the press release June 26, 2010) is based on the so-called Madrid Principles which proposes the following compromise:

  • The return of the occupied territories around Nagorno-Karabakh;
  • An interim status for Nagorno-Karabakh that will guarantee its security and autonomy [but within Azerbaijan's territory];
  • A corridor connecting Karabakh with Armenia (Kelbadjar and Latchin);
  • The final status of Nagorno-Karabakh will be determined in future by a legally binding expression of will [i.e. the local people's empowerment in a referendum];
  • The internal refugees and displaced persons' right to return;
  • International security guarantees that would include a peacekeeping operation. [109]

However, neither Armenia nor Azerbaijan has quite accepted these proposals as satisfactory. Azerbaijanis fear that the future promised referendum will most likely result in Karabakh's separation from Azerbaijan, while Armenians are concerned about the fact that no specific date is given for this referendum. This, according to the Armenian side, can result in "Cypernification" of the conflict when such a referendum can be delayed indefinitely by the Azerbaijanis, e.g. in anticipation of the return of exactly every single refugee to the region. The government in Baku has also recently made it clear that the basic problem of this paper is precisely the point of Karabakh's right to referendum in regard to its status. Instead, Baku is pushing for this paragraph to explicitly mention that the envisioned referendum will determine Karabakh's future status within Azerbaijan's territory, which of course contradicts the very essence of letting Karabakh Armenians to express their will.

The lack of concrete progress on the diplomatic arena has also resulted in an ever increasing tension in the region, mainly in the form of Azeri frustration. It has been noticed clearly in the Azerbaijan's multiplied military budget, which President Aliyev, thanks to their increased oil revenues, has promised to exceed Armenia's total annual budget.[110] The increased frustration has also become increasingly visible in the rhetoric of the Azerbaijani leadership, who is tired of the current situation and frequently threatened to renew the armed conflict to regain Karabakh with necessary force in accordance to "Azerbaijan's fundamental right." [111] The threat has also manifested itself in increasing violations of the ceasefire agreement in which both sides have accused each other of having caused the breach. [112] The Azeri side has also repeatedly refused the OSCE monitors access to the front line to perform both routine inspections, but also in cases of mortal shootings. [113]

The maximalist rhetoric, however, occurs not only in Azerbaijan but also in Armenia. The protracted peace process and Baku's growing threat to forcibly retake the entire region have also fueled Armenian hard-liners. They mean that the whole area curerntly controlled by Armenian forces, i.e. not only Karabach but the surrounding Azerbaijani territories outside the recognized borders of Nagorno-Karabakh should be kept permanantely. This, of course, adds to the Azeri frustration even more and complicates the attempts at mediation as the parties slip further and further away from the existing principles for a lasting peace based on mutual compromises set out in the Madrid principles.

Figure 2


Figure 3


Figure 4

In the spring of 2011, the Minsk Group stepped up its mediation efforts and during the G8 summit in May, the Presidents of the United States, France and Russia, announced their continuous support for a peaceful solution to the conflict and called on Armenia and Azerbaijan to try to find common ground during the meeting in Kazan (Russia) that had been planned on the Russian President Medvedev's initiative.[114] The surrounding world was cautiously optimistic about the meeting between Armenia's Serzh Sargsyan and Azerbaijan's Ilham Aliyev. It was hoped that the presidents could sign a framework agreement containing the basic principles in accordance with the Madrid Principles for further negotiations. On June 24, Sargsyan and Aliyev met in a meeting chaired by Russian President Medvedev. After three hours of negotiations they announced a joint statement, in which Sargsyan and Aliyev stated that they had reached agreements on certain issues and expressed their determination to continue to meet for further discussions.[115] However, there was no signing of any document. Both countries blamed each other and said that the failure of Kazan was due to the counterparty. Armenian Foreign Minister Edward Nalbandian told a news conference that "the Azerbaijani side presented about a dozen changes" to the Madrid Principles.[116] His Azerbaijani colleague, Elmar Mammadyarov never denied Nalbandian's allegations of new Azeri conditions, but blamed the failure on "Armenian side requires maximum concessions from Azerbaijan."[117]. Nevertheless, both foreign ministers expressed some hope and stated that their presidents planed to continue negotiations in the same format.

Several analysts concluded that it was all about the final status of Karabakh which impeded a breakthrough. Apparently, the government in Yerevan pressed the mediators to set a date for the referendum on Karabakh's final status, while the government in Baku was totally opposed to determining a date for the referendum.[118] In addition, Azerbaijan is considered to prefer the current status quo while it is building up its military power, while Armenia is more prone to have a permanent end to the conflict. It is assumed that the government in Baku has realized that Karabakh, under the prevailing circumstances and the existing documents, is probably lost forever and will not return under Azerbaijani rule. The question now is more about prestige and a solution that would mean that Azerbaijan can exit the conflict with its head high. A renewed and protracted war would definitely not be a preferable solution of yet another reason, namely that Azerbaijan's leaders, most of them in the oil business, would not risk a full-scale war that would damage the oil revenues. Experts add that these oil barons would still prefer a concentrated attack to retake a symbolic territory, however small it may be, just for the sake of its prestige. On the other hand, a potential loss for the Armenian side could lead to dire consequences such as undermining of the current political stability at home, whereby the retaliation may be a much more massive counter-attack, which in turn can escalate the war in an ascending spiral with devastating results.

This prediction came true in the spring of 2016 when it was feared the war was being renewed between Armenia and Azerbaijan. For four days, starting April 1, 2016, a large-scale clash began between Azeri troops and Armenian defense posts along the front line in Karabakh. These were the most serious clashes since the ceasefire agreement in 1994, when heavy artillery, air force and so-called suicide drones were used to strike at the enemy. The fighting ended on April 5, when an agreement was signed in Moscow. The analysis of the short war has agreed that it was Azerbaijan that started the war, although Baku believed that the offensive was for preventive purposes to strike out Armenian artillery that fired at Azeri civilian targets.[119] The Armenian side rejects this accusation and asserts that the offensive was entirely coordinated in order to surprise and test the readiness of the Armenian side. [120] One possible reason which several analysts have pointed out was the falling world market prices for oil in 2015-2016, which in turn had left a big hole in Azerbaijan’s state budget, which is almost 80% dependent on its oil and gas exports. The fall in prices meant that the government in Baku was forced to cut its public budget by 40%.[121] Unemployment and inflation increased rapidly and unrest and protests were reported in the country. The short war was said to be the usual solution to divert attention to an external enemy, the Armenians, by calling for patriotism. The Baku regime called the war a great success as it had “liberated 2,000 hectares of occupied land” [122] while Armenia admitted havig lsot around 800 hectares which “lacks strategic significance”. [123] The reports about the losses also vary between the sides: everything from a couple of hundred to over 2,000 casualties. But most of the independent analysts, including Neil Melvin at the SIPRI peace research institute in Stockholm, say that Azerbaijan paid a high price with “heavy losses for relatively minor territorial gains, this is nonetheless seen as a victory, after 25 years of a sense of having been defeated."[124] This analysis correlates well with what other experts have predicted about possible developments in the Karabakh conflict.

The calm that prevailed after the war has been quite tense. The cessation of the war only resulted in a return to the same status quo with locked positions in the negotiations. In April 2018, the so-called “Velvet Revolution” took place in Armenia, where incumbent President Serzh Sargsyan and his government resigned after long and massive demonstrations in the country. The opposition leader Nikol Pashinyan was elected prime minister (Armenia had changed its constitution in the same year, turning the presidential government into a more purely parliamentary rule with the actual power transferred to the office of the prime minister, while the president has a more symbolic role). [125] This popular revolution in Armenia was heralded internationally but at the same time put the spotlight on the increasingly authoritarian regime in Azerbaijan. Shortly after being installed as prime minister, Pashinyan signaled that Armenia was ready to make compromises to achieve peace, but without specifying what those compromises were.[126] Pashinyan was actually referring to the opinion of some tougher circles that the current Armenian-controlled regions outside Nagorno-Karabakh should not be returned according to the Madrid Protocol.

However, the conflict took a much more violent turn in 2020: first during clashes in mid-July and later in a regular war starting on 27 September. This war is going on at the time of writing and has so far claimed hundreds of lives including many civilians on both sides. Although the war itself can not be said to be a surprise based on previous analyzes, it has introduced a new important change, namely Turkey’s more or less direct intervention. This is manifested in the presence of both Turkish military advisers and fighter planes as well as Syrian and Libyan mercenaries whom Turkey has transported to Azerbaijan to fight the Armenians. Disinformation and the propaganda war from both sides as additional means in the ongoing fighting makes it extremely difficult to get concrete clarity in the information. Both Turkey and Azerbaijan categorically deny the allegations, while several news outlets, citing intelligence services in the United States, France and Russia, and their own correspondents in the region have confirmed the presence of mercenaries in the war.[127] This is a highly worrying development in the confclit which will undoubtedly aggravate and expand the already existing instability in the Middle East to the Caucasus.

An important factor that has been missing for all years of mediation efforts, however, remains Karabakh's absence in the direct negotiations. To date, Azerbaijan has refused to recognize Karabakh as a counterpart to the conflict and insisted on their exclusion from the negotiations and instead discussed the issue with Armenia. This has hampered the process, since it becomes pretty obvious that Azerbaijan is unwilling to recognize Nagorno-Karabakh's right to self-determination, especially if this principle should be one of the basic items in the framework agreement that will lead to a lasting peaceful solution. In fact, the conflict in its modern vintage (compared to the issue in the 1920s) did not start as Armenia's claim to Nagorno-Karabakh, but with a resolution of the latter's parliament that under the then applicable Soviet Union laws represented a legal counterparty in the dispute. A near future participation of Karabakh at the negotiation table should speed up a lasting solution acceptable to all parties.

Notes

109) For the 2009 statement in L'Aquila see "Statement by the OSCE Minsk Group Co-Chair countries", L'AQUILA, 10 July 2009; osce.org/mg/51152. For the 2010 reiteration see Statement by the OSCE Minsk Group Co-Chair countries, Muskoka, Canada, OSCE, June 26, 2010; https://www.osce.org/mg/69515
110) The Azerbaijani parliament approved a military budget of 3.1 billion USD, while Armenia's total annual budget amounted to 2.8 billion USD. See Eurasianet.org , Azerbaijan: Baku Embarks on Military Spending Surge, Seeking Karabakh Peace, October 22, 2010; https://www.eurasianet.org/node/62223
111) Euronews President of Azerbaijan: "Our patience has also limits", 2 February 2010; https://www.euronews.net/2010/02/02/interview-with-ilham-aliyev president-of-azerbaijan
112) Asbarez, Co-Chairs Condemn Karabakh Cease-Fire Violations, 7 September 2010; https://asbarez.com/84956/co-chairs-condemn-karabakh-cease-fire-violations
113) On 18 March 2011, only days after the Armenian and Azerbaijani presidents met in Sochi, Russia, and declared mutual willingness to respect the ceasefire agreement and find a peaceful solution to the conflict, an Armenian soldier was killed by Azerbaijani snipers. When the OSCE initiated an investigation of the shooting the Azeri side refused OSCE observers access to the front line. See Asbarez, Azerbaijan Skips Out on Another OSCE Monitoring, 21 March 2011; https://asbarez.com/94310/azerbaijan-skips-out-on-anotherosce-monitoring
114) Joint Statement by Presidents Sarkozy, Obama and Medvedev on the Nagorno-Karabakh Conflict, G8 Summit of Deauville, 26 May 2011; https://www.g20-g8.com/g8-g20/g8/english/live/news/joint-statementby-presidents-sarkozy-obama-and.1295.html
115) Presidents adopt joint statement in Kazan, Tert.am, 24 June 2011; https://www.tert.am/en/news/2011/06/24/kazan-statement
116) Armenian, Azerbaijani Presidents' meeting in Kazan failed to Become turning point - Armenia's FM, News.am, 25 June 2011; https://news.am/eng/news/64567.html
117) Azeri FM: "Armenian side Requires maximum Concessions from Azerbaijan", News.az, 25th June 2011; https://www.news.az/articles/politics/39227
118) E.g. see Emil Danielle Lair, Armenia, Azerbaijan Again Fail to Agree On Karabakh Peace Framework, Eurasia Daily Monitor, Volume: 8, Issue 125, June 29, 2011
119) Aprel döyüşləri - böyük zəfərin başlanğıcı, Azerbajdzjans Försvarsdepertement, 17 februari; 2018; mod.gov.az/az/pre/21662.html
120) “UPDATE: Heavy Fighting Erupts in Nagorno-Karabakh”, Georgia Today, 3 april 2016; georgiatoday.ge/news/3446/Heavy-Fighting-Erupts-in-Nagorny-Karabakh
121) Kenan Aslanli, “Lower Oil Revenues, Higher Public Debt: The Implications of Low Oil Prices and Challenging Financing for Sustainable Development”, Social Watch, 2016; socialwatch.org/sites/default/files/2016-SR-Azerbaijan-eng.pdf
122) “Azerbaijan frees over 2,000 hectares of its occupied lands”, Azernews.az, 18 maj 2016; https://www.azernews.az/aggression/96788.html
123) “Serzh Sargsyan: We have lost 800ha of land having neither tactical nor strategic importance”, ArmInfo, 17 maj 2016; https://arminfo.info/index.cfm?objectid=69B287C0-1C2E-11E6-922F0EB7C0D21663
124) Nagorno-Karabakh: the slow-motion conflict, BNE InteliNews, 23 maj 2016; intellinews.com/nagorno-karabakh-the-slow-motion-conflict-98051/
125) För en analys av “Sammetsrevolutionen” se Vahagn Avedian, “Armeniens »sammetsrevolution» 2018 och varför den dröjde så länge”, i Nordisk Østforum, Vol 32, 2018; tidsskriftet-nof.no/index.php/noros/article/view/1328
126) Pressrelease, 20 November 2019, The Prime Minister of the Republic of Armenia; https://www.primeminister.am/en/press-release/item/2019/11/20/Nikol-Pashinyan-ISPI/
127) Se bland andra “Turkey deploying Syrian fighters to help ally Azerbaijan, two fighters say”, Reuters, 28 september 2020; reuters.com/article/idUSKBN26J25A; Syrian rebel fighters prepare to deploy to Azerbaijan in sign of Turkey’s ambition, The Guardian, 28 september 2020; theguardian.com/world/2020/sep/28/syrian-rebel-fighters-prepare-to-deploy-to-azerbaijan-in-sign-of-turkeys-ambition; Syrian mercenaries sustain Turkey's foreign policy, Duetsche Welle, 30 september 2020; dw.com/en/turkey-syrian-mercenaries-foreign-policy/a-55098604; Turkey deploys Syrian mercenaries to Azerbaijan - reports, Ahval News, 1 oktober 2020; ahvalnews.com/turkey-azerbaijan/turkey-deploys-syrian-mercenaries-azerbaijan-reports