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High-ranking officials of Azerbaijan, first Foreign Minister Jeyhun Bayramov, and then President Ilham Aliyev, stated on June 5-6 that the Constitution of Azerbaijan and other legislative acts do not contain territorial claims against neighboring states and Armenia, while the Constitution of Armenia and other legislative documents contain such claims.
Moreover, Aliyev, reiterating the idea of his Foreign Minister, added: “Without amending the RA Constitution, it is impossible to sign the peace agreement.”
The President of Azerbaijan also noted that his country “never had territorial aspirations towards Armenia.” “It is them who had territorial claims on us. In their Declaration of Independence, which later became part of their Constitution, there are territorial claims on Azerbaijan,” said Aliyev.
Fact Investigation Platform traced Aliyev’s statement, studied Azerbaijan’s Constitution, legislative provisions, statements and found therein direct territorial claims on Armenia, despite that the country’s officials claim otherwise.
In other words, the facts show that the president of Azerbaijan is lying.
Thus, in the preamble of the Constitution of Azerbaijan adopted in 1995, it is stated that the principles of the constitutional law “On the Independence of the Republic of Azerbaijan” are considered fundamental principles. According to Article 2 of this law adopted in 1991, Republic of Azerbaijan is the legal successor of the Republic of Azerbaijan that existed in 1918-1920. The preamble of the same constitutional law states that the adoption of the law is based on the principles of the Declaration of Independence adopted by the National Council of Azerbaijan on May 28, 1918.
Clause 1 of that country’s Declaration of Independence states that the Republic of Azerbaijan comprises “Eastern and Southern Transcaucasia.” Pursuant to another decision of the National Council, Azerbaijan renounced its “rights” to Yerevan.
According to the administrative territorial division presented to the Entente countries in November 1919, Azerbaijan claimed a significant part of the territories of Armenia, including the territories of present-day Armenia: Syunik, Vayots Dzor, as well as territories from Ararat, Armavir, Gegharkunik, Tavush, Lori, and Shirak regions.
In the package presented at the Paris Peace Conference in 1919, along with the map, Azerbaijan didn’t have claims only to some parts of the territories of Yerevan and Lori, Shirak, Aragatsotn, Gegharkunik and Kotayk regions.
In November 1920, in the League of Nations, the Democratic Republic of Azerbaijan claimed an area of 108,000 square kilometers, adding that if the border disputes with Armenia and Georgia were resolved, that area would be 141,000 square kilometers. Already in December, the 5th Commission of the League of Nations rejected Azerbaijan’s request, explaining that it was difficult to determine the total territory of Azerbaijan and that due to border disputes with its neighbors, it was not possible to determine the existing borders of that country.
On the occasion of the 25th anniversary of the Nakhichevan Autonomous Region, Heydar Aliyev’s decision, adopted in 1999, states that “…first of all, Zangezur (Syunik region), which was part of the ancient Azerbaijan territory, was integrated into the territory of the Armenian SSR”.
During its research, Fact Investigation Platform, in addition to the above-mentioned glaring facts, also encountered many statements of high-ranking officials and decisions adopted by the Parliament of Azerbaijan, the Milli Mejlis, containing direct territorial claims on Armenia.
As for the Constitution of Armenia, there is no territorial claim on that country. In the Mother Law of Armenia, a reference is made to the Declaration of Independence of the Republic of Armenia, where there is a reference to Nagorno Karabakh. This circumstance, perhaps, has given Azerbaijan a reason for fear.
“The Armenian people, taking as a basis the fundamental principles of Armenian statehood and nationwide goals established in the Declaration of Independence of Armenia, implemented the sacred message of their freedom-loving ancestors of restoring the sovereign state, dedicated to the strengthening and prosperity of the motherland, to ensure the freedom of generations, general well-being, civil solidarity, certifying loyalty to universal values. , adopts the Constitution of the Republic of Armenia,” The preamble of the Constitution of the Republic of Armenia states:
“The Supreme Council of the Armenian Soviet Socialist Republic expressing the united will of the Armenian people, Aware of its historic responsibility for the destiny of the Armenian people engaged in the realization of the aspirations of all Armenians and the restoration of historical justice, Proceeding from the principles of the Universal Declaration on Human Rights and the generally recognized norms of international law, exercising the right of nations to free self-determination based on the December 1, 1989, joint decision of the Armenian SSR Supreme Council and the Artsakh National Council on the “Reunification of the Armenian SSR and the Mountainous Region of Karabakh, developing the democratic traditions of the independent Republic of Armenia established on May 28, 1918; DECLARES the beginning of the process of establishing of independent statehood positioning the question of the creation of a democratic society based on the rule of law.”
Foreign Minister of Armenia Ararat Mirzoyan reaffirmed his statement of January 23 of this year during the joint session of the National Assembly committees on June 4, that Armenia and Azerbaijan have voiced a position before each other, according to which each sees significant problems and obstacles in the other’s Constitution to establishing peace. “So, yes, just as Azerbaijan has seen and voiced this problem, so has Armenia drawn Azerbaijan’s attention to the equivalent of such a problem in their legal framework, starting with the Constitution,” Mirzoyan said.
Thus, despite the assertions from Baku that they have no ambitions for the territories of Armenia, the Constitution of Azerbaijan and a number of laws, as well as numerous statements of officials, attest to the opposite. Moreover, the Armenian Foreign Minister has also reported about the ambitions for the Armenian territories in the legal framework of Azerbaijan.
Hasmik Hambardzumyan
