NATO with its arguments recognized illegality of "referendum" in Karabakh

by Vugar Seyidov

A few days ago the North Atlantic bloc posted on its official website answers to the theses of Moscow concerning relations between Russia and NATO.

One question concerns the illegitimacy of the so-called "referendum" conducted in March this year in the Crimean autonomy of Ukraine. The document, in particular, reads:

"Russian officials claim that the so-called referendum held in the Crimea on 16 March was legitimate.

The referendum was illegal according to the Constitution of Ukraine, which states that "Nationwide referendum exceptionally settles issues of territorial change in Ukraine" (Article 73). Crimea as part of Ukraine has the status of an autonomous republic, but all the questions about its authorities should be resolved by the Parliament of Ukraine (Article 134) , and its constitution must be approved by the Parliament of Ukraine (Article 135).

In addition, the so-called referendum was held in a few weeks by the self-proclaimed leadership of the Crimea, assigned by the Russian servicemen in arms after the seizure of government buildings."

Thus, NATO with its arguments officially recognized the illegality of the so-called "referendum" held on 10 December 1991 in Nagorno-Karabakh of Azerbaijan. This event, designed to change the border of the Azerbaijan Republic, is contrary to Articles 78 and 79, yet the current Constitution of the USSR and lacked any legislative basis.

In particular, these articles of the USSR Constitution stated:

"Article 78. The territory of the Federal Republic cannot be altered without its consent. Boundaries between the union republics can be altered by mutual agreement of the republics, which is subject to approval by the USSR.

Article 79. The Federal Republic determines its territorial, regional, county, district division and solves other issues of administrative-territorial unit."

In addition, the desperate attempts of the Armenian leadership to refer to the Law of the USSR dated 3 April 1990 " On the procedure for issues related to the secession of Union Republics from the USSR" for holding an illegal referendum under some legislative framework are absolutely groundless, since the law repealed already on 5-6 September 1991 following the decision adopted at the Extraordinary Congress of People's Deputies of the USSR "On measures arising from the joint statement of the President of the USSR and the top leaders of the union republics and the decision of the extraordinary session of the USSR Supreme Soviet", establishing a new order of seceding from the USSR. Even without this decision the so-called referendum in Nagorno-Karabakh of Azerbaijan Republic was held in gross violation of several articles of the USSR Law which lost its relevance to the time from 3 April 1990.

Given that until the last minute of its existence the highest authority in the country was considered a decision of the union republics, not of the subordinate republic (and even less autonomous) governments, any change in the administrative boundaries within the country could be carried out only in accordance with the current Constitution of the USSR and with the approval of the union authorities.

And the last decision of the higher union authorities in the history of the USSR was the decision of the USSR State Council dated 27 November 1991 "On measures to stabilize the situation in Nagorno-Karabakh and the border areas of the Republic of Azerbaijan and the Republic of Armenia" , recognizing unconstitutional "all acts that change the legal status of Nagorno-Karabakh autonomous region, as recorded in the Constitution of the USSR", ordering "to restore the constitutional order in the territory of Nagorno-Karabakh", and the decision of the USSR Constitutional Supervision Committee dated 28 November 1991 "on the Acts of the Supreme Soviet of the USSR and its Presidium and the Supreme Soviet of Azerbaijan SSR (Republic of Azerbaijan) and the Armenian SSR (Republic of Armenia) on the Nagorno-Karabakh Autonomous region", recognizing the decree "On the Reunification of the Armenian SSR and Nagorno-Karabakh" from 1 December 1989 and the decision of the CEC of the Armenian SSR for the establishment of constituencies for elections to the Supreme Soviet of the Armenian SSR in the territory of Nagorno-Karabakh as derogating from the provisions of the USSR Constitution and laws of the USSR and recognizing the decision of the Supreme Soviet of Azerbaijan Republic dated 23 November 1991 on the Elimination of Nagorno-Karabakh as inappropriate to articles 86 and 87 of the Constitution of the USSR.

These two decisions of 27 and 28 November confirmed the status of Nagorno-Karabakh within the Azerbaijan SSR, cancelling by default the unauthorized proclamation of the so-called "Nagorno-Karabakh Republic" instead of Nagorno-Karabakh and several other areas of the Azerbaijan SSR on 2 September 1991.

Thus, Nagorno-Karabakh region de jure left the USSR as part of the Azerbaijan Republic and under international principle uti possidetis juris, it was recognized by the international community, including the UN, only as part of Azerbaijan.

Illegal was not only the so-called "referendum" in Nagorno-Karabakh of Azerbaijan Republic held on 10 December 1991, but also in the case of holding unilaterally, a "referendum" that would follow it would be contrary to Article 3 of the current Constitution of the Republic of Azerbaijan (which de jure includes Nagorno-Karabakh) , which states that "the people of Azerbaijan by referendum can decide any matter affecting their rights and interests " and "change of state borders of Azerbaijan Republic" can be solved "only by referendum".

Taking into account that NATO refused to recognize the "referendum" in Crimea as legitimate precisely because it is contrary to the Constitution of Ukraine, this implies that for the same reason NATO considers the event conducted in 1991 in Nagorno-Karabakh of Azerbaijan in a similar way as illegal and having no legal consequences for its status.