Freedom in the World 2004 - Nagorno-Karabakh [Armenia/Azerbaijan]

Political Rights: 5
Civil Liberties: 5
Status: Partly Free
Population: 150,000
GNI/Capita: N/A
Life Expectancy: N/A
Religious Groups: N/A
Ethnic Groups: N/A
Capital:

Overview

Internationally mediated efforts to find a political settlement to the protracted Nagorno-Karabakh conflict made little progress in 2003. With presidential elections scheduled for both Armenia and Azerbaijan during the year, neither country's leadership appeared willing to risk a public backlash by agreeing to compromises over the disputed territory's status. Meanwhile, a mounting number of cease-fire violations led to concerns over a possible threat of renewed larger-scale confrontations.

The Nagorno-Karabakh Autonomous Region, a territory largely populated by ethnic Armenians inside the former Soviet republic of Azerbaijan, was established in 1923. In February 1988, Nagorno-Karabakh's regional legislature adopted a resolution calling for union with Armenia. The announcement triggered the first mass violence related to the conflict with attacks against Armenians in the Azerbaijani city of Sumgait several days later.

Successive battles and counteroffensives were fought over the next several years between various Armenian, Azerbaijani, and Nagorno-Karabakh forces. At its inaugural session in January 1992, Nagorno-Karabakh's new legislature adopted a declaration of independence, which was not recognized by the international community. By the time a Russian-brokered cease-fire was signed in May 1994, Karabakh Armenians, assisted by Armenia, had captured essentially the entire territory, as well as six Azerbaijani districts surrounding the enclave. Nearly all ethnic Azeris had fled or been forced out of the enclave and its surrounding areas, and the fighting had resulted in thousands of casualties and an estimated one million refugees.

In December 1994, the head of Nagorno-Karabakh's state defense committee, Robert Kocharian, was selected by the territory's parliament for the newly established post of president. Parliamentary elections were held in April and May 1995, and Kocharian defeated two other candidates in a popular vote for president in November of the following year. In September 1997, Foreign Minister Arkady Ghukasian was elected to replace Kocharian, who had been named prime minister of Armenia in March of that year.

In the territory's June 2000 parliamentary vote, 123 candidates representing five parties competed for the assembly's 33 seats. The ruling Democratic Union Artsakh (ZhAM), which supported Ghukasian, enjoyed a slim victory, winning 13 seats. The Related Territories Reports 643 Armenian Revolutionary Federation – Dashnaktsutiun won 9 seats, the Armenakan Party captured 1 seat, and formally independent candidates, most of whom supported Ghukasian, won 10. International observers described the electoral campaign and voting process as calm and largely transparent, although problems were noted with the accuracy of some voter lists.

In February 2001, former Defense Minister Samvel Babayan was found guilty of organizing a March 2000 assassination attempt against Ghukasian and sentenced to 14 years in prison. His supporters insisted that the arrest was politically motivated, as Babayan had been involved in a power struggle with Ghukasian. Others, however, welcomed the arrest and conviction of Babayan, who had been accused of corruption and reportedly wielded considerable political and economic power in the territory.

Ghukasian was reelected to a second term as president on August 11, 2002, with 89 percent of the vote. His closest challenger, former parliament speaker Artur Tovmasian, received just 8 percent. Voter turnout was close to 75 percent. Observers from countries including the United States, the United Kingdom, and France reported no serious violations. While a number of domestic and international nongovernmental organizations concluded that the elections marked a further step in Nagorno-Karabakh's democratization, they did voice some criticisms, including the limited access for the opposition to state-controlled media. Azerbaijan's Foreign Ministry described the election as a violation of international norms, insisting that a legitimate vote could be held only after a peaceful resolution to the conflict.

With both Armenia's president, Robert Kocharian, and Azerbaijan's president, Heydar Aliev, poised to seek reelection in 2003 – and the domestic political risk associated with either leader's making significant public concessions over the territory during a campaign year – few observers expected any breakthroughs in the conflict during 2003. An upsurge in shooting incidents along the ceasefire line in the summer, which both Armenian and Azerbaijani officials accused the other side of instigating, fueled concerns of a further and more widespread escalation of violence. Meanwhile, speculation grew over the impact of Aliev's failing health and the October election of his son, Ilham, to succeed him as president on prospects for a negotiated settlement to the conflict.

Despite continued high-level discussions in the framework of the Organization for Security and Cooperation in Europe's Minsk Group – which was established a decade earlier to facilitate dialogue on a political settlement on Nagorno-Karabakh's status – a resolution of the long-standing dispute remained elusive at year's end. While Yerevan insists that Nagorno-Karabakh should be left outside Azeri jurisdiction, Baku maintains that the territory may be granted broad autonomy while remaining a constituent part of Azerbaijan. Azerbaijan also has refused to negotiate with Ghukasian, who has demanded direct representation in the peace process.

Political Rights and Civil Liberties

A self-declared republic, Nagorno-Karabakh has enjoyed de facto independence from Azerbaijan since 1994 while retaining close political, economic, and military ties with Armenia. Parliamentary elections in 1995 and 2000 were regarded as generally free and fair, as were the 1996 and 1997 presidential votes. However, the elections were considered invalid by most of the international community that does not recognize 644 Freedom in the World – 2004 Nagorno-Karabakh's independence. Nagorno-Karabakh's electoral law calls for a single-mandate system to be used in parliamentary elections; lawmakers have rejected the opposition's demands for the inclusion of party-based lists.

The territory officially remains under martial law, which imposes restrictions on civil liberties, including media censorship and the banning of public demonstrations. However, the authorities maintain that these provisions have not been enforced since 1995, a year after the cease-fire was signed.

The government controls many of the territory's broadcast media outlets, and most journalists practice self-censorship, particularly on subjects dealing with policies related to Azerbaijan and the peace process. Some observers maintain that the government used the attempted murder of President Arkady Ghukasian in 2000 as a pretext to intensify attacks against its critics.

The registration of religious groups is required under Nagorno-Karabakh's 1997 law on religion. The Armenian Apostolic Church, which is the territory's predominant religion, is the only faith registered with the state. According to Forum 18, a religious-freedom watchdog group based in Norway, members of various minority faiths, including Pentecostals, Adventists, Baptists, and Jehovah's Witnesses, have faced restrictions on their activities. In 2003, a local Baptist was beaten, was threatened with mind-altering drugs, and had threats made against his wife by law enforcement officials for distributing religious literature on the street, Forum 18 reported; authorities denied that any threats were made against him.

Freedom of assembly and association is limited, although political parties and unions are allowed to organize.

The judiciary, which is not independent in practice, is influenced by the executive branch and powerful political and clan forces. Former defense minister Samvel Babayan alleged that he had been physically assaulted during his interrogation and detention as a suspect in the failed assassination attempt against President Ghukasian in March 2000. The presiding judge in the case announced that the subsequent guilty verdict against Babayan was based on pretrial testimony in which Babayan confessed to the charges, although he later retracted his admission of guilt, claiming that it had been obtained under duress. The republic's government announced that it had replaced the death penalty with life imprisonment as of August 1, 2003.

The majority of those who fled the fighting continue to live in squalid conditions in refugee camps in Azerbaijan, while international aid organizations are reducing direct assistance to the refugees. Landmine explosions continue to result in casualties each year, with children and teenagers among the most vulnerable groups. According to the International Committee of the Red Cross, at least 50,000 anti-personnel mines were laid during the war, although in many cases, records of minefield locations were never created or were lost. The HALO Trust, a British nongovernmental organization, is the major de-mining group operating in the territory.

Nagorno-Karabakh's fragile peace has failed to bring significant improvement to the economy, particularly in the countryside, and pensioners are particularly hard hit. Widespread corruption, a lack of substantive economic reforms, and the control of major economic activity by powerful elites limit equality of opportunity for most residents.