Freedom in the World 1998 - Nagorno-Karabakh

1998 Scores

Status: Not Free
Freedom Rating: 5.5
Civil Liberties: 6
Political Rights: 5

Overview

In 1998, efforts to mediate the 10-year conflict between Azerbaijan and this Armenian enclave by the Organization on Security and Cooperation in Europe's so-called Minsk Group, co-chaired by Russia, the United States, and France, were unsuccessful, as Karabakh President Arkady Gukasyan continued to reject autonomy within Azerbaijan and the return of six Azerbaijan districts seized in 1994.

In other issues, President Gukasyan, elected in 1997 after his predecessor, Robert Kocharian was named prime minister of Armenia, reshuffled the government in June, replacing Prime Minister Leonard Petrosian with Deputy Prime Minster Zhirayr Pogosyan amid disagreements over economic policy. Local elections were held on September 27 for 199 community leaders and 1,500 members to councils of elders. Sporadic skirmishes between Karabakh and Azeri forces flared up throughout the year.

In 1921, Nagorno-Karabakh was transferred from Armenia and placed under Soviet Azerbaijaini jurisdiction by Josef Stalin. Subsequently, the Nagorno-Karabakh Autonomous Oblast (region) was created, with a narrow strip (the Lachin Corridor) bordering Armenia proper. In 1930, Moscow permitted Azerbaijan to establish and resettle the border areas between Nagorno-Karabakh and Armenia.

Azeri militia and special forces launched a violent crackdown in 1988 in response to Karabakh Armenians' demands for greater autonomy. In 1991, the legislatures of Nagorno-Karabakh and Shahumyan voted for secession. Multi-party elections were held and on January 6, 1992, parliament's inaugural session adopted a declaration of sovereignty. In much of 1993-94, parliament did not meet, as many parliamentarians were fighting on the front lines. At the end of 1993, which saw major military gains by the Karabakh Armenians, Azeri forces launched offensives in the northern, eastern, and southern parts of the enclave. Before a cease-fire was reached in 1994, Karabakh forces had established military control over six Azeri districts outside the enclave.

In 1995, then-President Kocharian created a government structure consisting of nine ministries, seven state departments, and five state enterprises. Elections to the 33-member parliament were held in April and May, with 80 percent voter turnout. Prior to the vote, a public organization, Democratia, was formed to assist all political parties, unions, and other groups in preparation for the elections, which were generally free and fair.

In February 1998, President Gukasyan again rejected an OSCE proposal that he said would place Nagorno-Karabakh under Azerbaijani subordination. The plan, accepted by the Armenian and Azerbaijani presidents, called for the unilateral withdrawal of Karabakh forces from several key areas, the return of refugees to these areas, and the demilitarization of border regions as preconditions to an eventual negotiation over the future political and diplomatic status of the enclave. In March, an OSCE report expressed concern over the growing number of sporadic attacks in the border region. In June, President Gukasyan issued a decree modifying the governmental structure into a system of 11 ministries and four state departments.

In a December meeting of the Parliamentary Assembly of the Council of Europe, President Gukasyan accepted the possibility of creating a "common state" with Azerbaijan. The Azeri delegation did not attend the Paris meeting, however. Discussions continued about a "package" solution to address all facets of the issues rather than an earlier OSCE proposal for an incremental solution that enumerated several preconditions prior to a political settlement.

Political Rights and Civil Liberties

Residents of Nagorno-Karabakh have the means to change their government democratically, and the enclave has had what amounts to de facto independence since military victories in 1994. Parliamentary elections in 1995 were generally free and fair, as were the 1996 and 1997 presidential elections.

There are independent newspapers, though self-censorship is an issue, particularly on subjects dealing with policies related to Azerbaijan and the peace process. The government controls most broadcast media.

With Armenians comprising over 95 percent of the enclave, the Armenian Apostolic Church is the main religion, and years of conflict have constrained the religious rights of the few Muslims remaining in the region. With a state of emergency still technically in force, freedoms of assembly and association are restricted. Political parties and unions are allowed to organize and operate without significant impediments.

The judiciary is not independent and is influenced by the executive branch and powerful political and clan forces. In 1998, a land law was adopted, but the details and implementation of land privatization would be clarified in 1999. Azeri homes and businesses have been expropriated, confiscated, or destroyed. Economic activity remains mainly in the hands of powerful elites and clans.