In response to false and misleading statements regarding the process of demarcation between Armenia and Azerbaijan

Over the past few days, there have been a number of false and misleading statements regarding the activities of the Commission on Delimitation and Border Security of the State Border between the Republic of Armenia and the Republic of Azerbaijan and the process being implemented in Tavush Marz, and we would like to touch upon the most common statement below from a legal perspective:

Statement 1. The authorities are making a change in the territory of the Republic of Armenia. "The territories of Tavush Marz are being handed over to Azerbaijan", the territorial integrity of the Republic of Armenia is being violated, which is a criminally punishable act. The change of the state border can only be implemented through a referendum.

Response: According to the Protocol signed between the Commissions and the process being implemented, the handover of any part of the sovereign territory of the Republic of Armenia to another state is out of the question, under any circumstance. In regard to the mandatory requirement to make any change of the territory of the Republic of Armenia only by referendum, it is safe to mention that yes, pursuant to Article 205 of the Constitution, issues related territorial changes of the Republic of Armenia shall be resolved through referenda. However, it is important to mention that the de jure territory of the Republic of Armenia was established following the collapse of the USSR in 1991, based on the Alma-Ata Declaration and the principles of the Minsk agreements. The process being implemented is not related to territorial change, but rather the reproduction and location of the state border, and pursuant to paragraph 2 of Article 1 of the Law "On state border" — the state border shall be determined by the international treaties of the Republic of Armenia and the Law of the Republic of Armenia, where determination of the state border through referendum is out of the question, and in this case, the international treaties serving as a basis for determining the state border of the Republic of Armenia are the Alma-Ata Declaration of 1991 and the Minsk agreements. The demarcation process is being carried out on the basis of legally substantiated maps and documents that existed at the time of the collapse of the Soviet Union, and according to those maps, the issue of "handing over" any territory belonging to Soviet Armenia, and consequently to the Republic of Armenia, to the possession of another country has not been and cannot be considered.

Statement 2. The four villages, in the territories of which demarcation is being carried out, belong to the Republic of Armenia so long as the contrary has not been proven during the demarcation process.

Response — According to the maps that had legal force in the period of existence of the USSR, including the maps agreed upon by the commissions during the demarcation process, belonged to Soviet Azerbaijan. Besides, the administrative and territorial units — marzes and communities existing in the Republic of Armenia, including those in Tavush Marz of the Republic of Armenia and the list of settlements — are prescribed in the Law of the Republic of Armenia "On administrative and territorial division of the Republic of Armenia" adopted on 7 November 1995, and the four villages in question are not contained in the Law.

Therefore, there can be no question about the legal grounds for territorial pertinence of the specified villages to the Republic of Armenia

Statement 3. The requirements of the Law of the Republic of Armenia "On state border" are being violated, an agreement on territorial change can only be reached via international treaties, the state border of the Republic of Armenia is being demarcated without the conclusion of a relevant international treaty and ratification by the National Assembly, and the Commission on Demarcation of the State Border of the Republic of Armenia has no right to determine the issue of change of the border of the Republic of Armenia.

Response — There is no process of changing the territory or border of the Republic of Armenia. The current process is the process of reproduction and location of the state border based on the relevant international treaties already adopted, namely the Alma-Ata Declaration of 1991 and the Minsk agreements, as well as the state border of the Republic of Armenia internationally recognised and established under the Alma-Ata Declaration and the Minsk agreements.

The agreement reached between the Commissions concerns the adjustment of a certain section of the borderline before 15 May, as well as applying to the Government for simultaneous deployment of border guard troops stationed in the particular territory, taking into account the mandate of the Commission on Demarcation of Armenia to deal with border security issues.

It should also be noted that the issued press release devoted to the results of the meeting of the Commissions pinpoints the fact that the demarcation in the section of the four villages is preliminary until full completion of the demarcation process. The International Treaty on the State Border between Armenia and Azerbaijan, which will be subject to ratification by the National Assembly of the Republic of Armenia, should become the document confirming full completion of the demarcation process.

Therefore, the ongoing process is completely legitimate, and there is no mandatory requirement for conclusion and ratification of an international treaty.

Statement 4. Demarcation is currently being carried out at the location without conducting demarcation on the map, by setting up boundary pillars, and this is a violation of the agreement reached between the Commissions of Armenia and Azerbaijan on 19 April.

Response — The pillars are being installed on the basis of the maps agreed upon by the parties — by the working group attached to the Demarcation Commission of the Republic of Armenia which was established exactly for the purpose of drawing up the draft description, and there are no disagreements between the working groups of the two countries in the areas where the pillars are being installed. The pillars being installed will serve as a reference point for drafting the Protocol-Description and submitting it to the Commissions for approval in the near future. The process of installing the pillars in no way contradicts the approval of the Protocol-Description by the Commissions later, that is, before 15 May.

Statement 5. The Commission on Demarcation of the State Border of the Republic of Armenia is an advisory body, there are no documents on its activities, and the Commission has no right to make any decisions.

Answer — It should be noted that the Commission on Demarcation and Border Security of the State Border between the Republic of Armenia and the Republic of Azerbaijan was established upon Decision of the Prime Minister of the Republic of Armenia No 570-A of 23 May 2022, and then upon Decision of the Government No 2154-A of 14 December 2023, the rules of procedure for organising and holding joint working meetings between the Commissions of the two countries was approved. Simultaneously, in accordance with the agreement reached between the Commissions, during the process of demarcation, they will be guided by the Alma-Ata Declaration of 1991, and agreement on certain sections of the border will imply a process aimed at bringing those sections into compliance with the legally grounded inter-republican border that existed at the time of the collapse of the Soviet Union, i.e. the activities of the Commissions are based on international treaties that have already been adopted by both countries and have undergone the proper domestic procedures.

From the substance of the two mentioned Decisions and even from the name of the Commission of the Republic of Armenia, it is clear that the mandate given to the Commission by the Government of the Republic of Armenia and the Prime Minister concerns the conduct of sittings and meetings devoted to demarcation of the state border between the two countries and the issues of border security of the Republic of Armenia, as well as reaching agreements based on the outcomes of those meetings. Moreover, in accordance with points 2.1 and 2.2 of the rules of procedure, written minutes are prepared on the results of the sitting and joint working meetings, which is signed by the Chairpersons of the two Commissions.

In observance of the procedure established under the aforementioned work procedure, an agreement has been reached between the Commissions to apply to the Government for preliminary agreement on a certain section of the borderline by 15 May, as well as for the simultaneous deployment of border guard troops in that particular territory.

We urge experts and others interested in the process to refrain from disseminating misleading and false information to the public.