1997 Phased Settlement
DOCUMENT No. 17
CO-CHAIRMANSHIP OF THE OSCE MINSK GROUP
Agreement to end the Nagorno-Karabakh armed conflict
Preamble:
The parties are determined to achieve a peaceful resolution to the protracted Nagorno-Karabakh conflict, transforming the existing ceasefire into a lasting peace; Recognizing the benefits of peace and cooperation in the region for the prosperity and well-being of their peoples; Desiring to create a basis for the joint economic development of the Caucasus, enabling the peoples of this region to live normal and productive lives under democratic institutions, growing prosperity and a promising future; Realizing that cooperation in accordance with this Agreement will lead to normal relations in the field of trade, transport and communications throughout the region, will enable people to rebuild their cities and villages with the help of international organizations, create the stability necessary for a significant increase in external investment in the region, and open the way to mutually beneficial trade leading to the achievement of the natural prosperity for all people, the preconditions of which are laid in the Caucasus region, and that reconciliation and cooperation between people will release their enormous potential for the benefit of their neighbors and the peoples of the world; Committed to the provisions of the UN Charter, the fundamental principles and decisions of the OSCE and generally accepted rules of international law and the full implementation of UN Security Council Resolutions 822, 853, 874 and 884; Recalling the commitment made by the OSCE participating States at the Budapest Summit in 1994 to increase OSCE efforts and assistance in the peaceful resolution of the conflict, their instructions to the Co-Chairs of the Minsk Conference to promptly conduct negotiations and the statement of their political readiness to provide, upon adoption of the relevant resolution by the UN Security Council, a multinational OSCE force for maintaining peace after reaching an Agreement between the Parties to end the armed conflict; and determined to continue the peace process in good faith with a view to urgently achieving a comprehensive settlement that will determine the final status of Nagorno-Karabakh; agree to the actions set out below:
I. The Parties waive and refrain from the threat or use of force to settle disputes between them. They shall resolve all such disputes, including any disputes that may arise in connection with the implementation of this Agreement, by peaceful means, primarily through negotiations, including within the framework of the OSCE Minsk Process.
II. The Parties shall withdraw their armed forces in accordance with the following provisions and as detailed in Annex 1:
- A. In the first phase, forces along the current line of contact east and south of Nagorno-Karabakh will be withdrawn to the lines specified in Annex 1 and in accordance with the schedule contained therein, with due regard to the recommendations of the High Level Planning Group (HLPG) in order to enable the initial deployment of an OSCE multinational force advance element in a militarily justified temporary buffer zone, disengage the parties along this line and ensure security during the second phase of withdrawal.
- B. In the second stage, the forces are withdrawn simultaneously and in accordance with the schedule contained in Appendix 1, as follows:
- (1) Any forces of Armenia located outside the borders of the Republic of Armenia are withdrawn within these borders.
- (2) The forces of Nagorno-Karabakh are withdrawn to the 1988 borders of the Nagorno-Karabakh Autonomous Region (NKAO), with the exception of the Lachin region.
- (3) Azerbaijani forces are withdrawn beyond the lines specified in Annex 1 based on the recommendations of the HLPG and withdrawn from any territory of Armenia.
- (4) Heavy weapons are withdrawn to the locations specified in Annex 1 based on the recommendations of the HLPG, under the supervision of the OSCE peacekeeping operation, subject to the transparency and reporting requirements set out in this Annex.
III. The territory liberated as a result of this withdrawal of forces forms a buffer zone and separation zone, as detailed in Annex 2:
- A. Upon completion of the withdrawal of forces, the buffer zone will be located along the 1988 borders of the NKAO, the northern and southern borders of the Lachin region. The buffer zone remains uninhabited and is completely demilitarized, with the exception of elements of the OSCE peacekeeping operation.
- B. The Separation Zone shall be demilitarized except for the forces authorized to operate in cooperation with the Permanent Mixed Commission, as detailed in Annex 2, including:
- (1) – elements of a peacekeeping operation;
- (2) - units for border patrol and mine clearance;
- (3) - civilian police, the number and permitted weapons of which are defined in Appendix 2.
- C. A no-fly zone is created in the buffer and separation zones, in which the Parties do not allow military flights, under the control of the operation
OSCE Peacekeeping, as set out in Annex 2.
- D. Security in all areas controlled by the authorities of Nagorno-Karabakh following the withdrawal of forces in accordance with Article II is provided by the existing military and security structures of Nagorno-Karabakh.
IV. In accordance with the decisions of the 1994 OSCE Budapest Summit, the Parties invite and facilitate the deployment of a multinational OSCE peacekeeping operation (PKO), which will operate in cooperation with the Permanent Joint Commission (PJC) and the Armenian-Azerbaijani Intergovernmental Commission (AAIC), as defined in the article 7. The PKO shall monitor the withdrawal of forces and heavy weapons, the prevention of military flights, the maintenance of the demilitarization regime and the situation on the Armenian-Azerbaijani border, as set out in Annex 2. The Parties call on the UN Security Council to adopt an appropriate resolution for this purpose for an initial period of no more than one year and renew the provisions of this resolution as necessary on the recommendation of the OSCE Chairman-in-Office. The parties agree that the total duration of the multinational peacekeeping operation will be the minimum necessary depending on the situation in the region and the pace of a comprehensive resolution of the conflict. The Parties shall cooperate fully with the PKO to ensure the implementation of this Agreement and to prevent any disruption or termination of the peacekeeping operation.
V. The Parties shall facilitate the safe and voluntary return of displaced persons to their places of former permanent residence in the separation zone, as set out in Annex 2. The PKO, in cooperation with the Permanent Mixed Commission, shall monitor the safety of the returning population in order to promote confidence of all parties in compliance with the demilitarization regime in this zone. The Parties shall negotiate to effect the early safe and voluntary return of all persons other than those covered by this Agreement or the Comprehensive Settlement who have been displaced as a result of the conflict and tensions between Armenia and Azerbaijan since 1987.
VI. Concurrent with the withdrawal of forces, the Parties shall immediately implement measures to open roads, railways, power and communication lines, trade and other relations, including all actions necessary to achieve this as soon as possible in accordance with the schedule and specific provisions set out in Annex 3 The Parties shall guarantee the use of these connections by all, including ethnic minorities, providing the latter with access to their ethnic groups elsewhere in the region. Each Party undertakes to lift all blockades and ensure the delivery of goods and people to all other Parties without obstacles. The parties guarantee free and safe railway communication between them.
VII. The Parties shall cooperate fully with the International Committee of the Red Cross, the UN High Commissioner for Refugees and other international organizations to ensure the speedy and safe return of all persons detained in connection with the conflict, the investigation of the fate of missing persons, the repatriation of all remains and the delivery without discrimination of humanitarian aid and assistance for reconstruction through territory under their control to areas affected by the conflict. The Parties cooperate with the OSCE PKO through the Permanent Joint Commission in the implementation of confidence-building measures.
VIII. The Parties shall immediately establish a Permanent Joint Commission (PJC) to monitor the implementation of the provisions of this Agreement in relation to issues affecting Azerbaijan and Nagorno-Karabakh. The Chairman of the PUK is a representative of the OSCE Chairman-in-Office with one Azerbaijani Vice-Chairman and one Nagorno-Karabakh Vice-Chairman. The main responsibility of the PUK is to monitor the implementation of the Agreement; The OSCE Chairman's responsibilities also include mediating disputes and authorizing action in emergency situations such as natural disasters. The PUK has military, economic, humanitarian and cultural subcommittees and a communications subcommittee. The structure, functions and other details regarding the CPM are set out in Annex 4.
IX. The Parties shall immediately establish an Armenian-Azerbaijani Intergovernmental Commission (AAIC) to assist in the prevention of border incidents between Armenia and Azerbaijan, communication between border troops and other relevant security forces of both countries and monitoring and facilitating activities for the opening of roads, railways, communications, pipelines, trade and other relationships. AAMC has two co-chairs: one from Armenia and one from Azerbaijan. The commission includes a representative appointed by the OSCE Chairman-in-Office. The structure, functions and other details relating to the AAMC are set out in Annex 5. The Republic of Azerbaijan and the Republic of Armenia shall establish liaison offices in each other's capitals.
X. The Republic of Azerbaijan and the Republic of Armenia enter into negotiations, bilateral and multilateral, in relevant international and regional forums, with the aim of ensuring improved security in the region, including military transparency and full compliance with the CFE Treaty.
XI. The Three Parties to this Agreement, having thus put an end to the military aspect of the conflict, agree to continue to negotiate in good faith, with the assistance of the co-chairs of the Minsk Conference and with other Parties as appropriately invited by the OSCE Chairman-in-Office, to achieve without delay a comprehensive settlement of all other aspects of the conflict, including the political aspect, that includes determining the status of Nagorno-Karabakh and solving the problems of Lachin, Shushi and Shahumyan; such a settlement, once reached through these negotiations and signature by the three above-mentioned Parties, shall be subject to recognition by the international community at the Minsk Conference, to be convened as soon as possible.
XII. Each Party fully respects the safety of the other Parties and their populations. The Parties undertake to develop good neighborly relations between their peoples by promoting trade and normal interaction between them and to refrain from statements or actions that could undermine this Agreement or good relations.
XIII. In addition to the specific provisions regarding peacekeeping and withdrawal monitoring set out above, and recalling relevant OSCE principles and commitments, including those reflected in the 1992 Helsinki Document and the 1994 Budapest Document, the OSCE, through appropriate mechanisms, monitors the full implementation of all aspects of this Agreement and takes appropriate steps in accordance with these principles and decisions to prevent and counter violation of the terms of this Agreement. The Witnesses to this Agreement, acting through the OSCE Permanent Council and the United Nations Security Council, promote its full implementation. In the event of a serious violation of this Agreement, they shall consult among themselves regarding the necessary steps, immediately inform the OSCE Chairman-in-Office, the President of the United Nations Security Council and the Secretary General of the United Nations and request the OSCE Permanent Council or the UN Security Council to consider appropriate action in this regard.
XIV. The Parties undertake mutual obligations to ensure compliance with the provisions of this Agreement, including guarantees for the security of Nagorno-Karabakh, its population and returning displaced persons, and to take the necessary measures to fulfill all obligations arising from this Agreement.
XV. This Agreement shall enter into force upon signature and ratification and shall remain in force, subject to the exceptions resulting from the comprehensive settlement referred to in paragraph XI. This Agreement may be amended, supplemented and terminated by agreement of all Parties.
December 1997
Steps:
- Implementation of withdrawal of forces and return of displaced persons
- Security mode for the separation zone
- Restoration of transport and communication lines
- Permanent Mixed Commission
- Armenian-Azerbaijani Intergovernmental Commission
Source of this document: Google translate of http://www.vn.kazimirov.ru/doc17.htm