Tag Archives: Armenia

Sargsyan and Chiragov: The Strasbourg Court takes aim at frozen conflicts?

by Rhodri C. Williams

Last week I joined Philip Leach of the European Human Rights Advocacy Centre (EHRAC) in Strasbourg to present the European Court of Human Rights’ June 2015 judgments in two cases related to the Nagorno-Karabakh conflict to government representatives at the Council of Europe, at a briefing event organised by the European Implementation Network and the Open Society Justice Initiative.

The cases were Sargsyan v Azerbaijan and Chiragov v. Armenia, which were effectively joined by being relinquished from their original chambers to the same composition of the Grand Chamber in 2010. Both judgments found continuing violations of the applicants’ rights to property and their homes (as well as an effective remedy) based on their displacement in the early 1990s and subsequent inability to return to or access their properties.

While not (yet) signaling the initiation of a pilot judgment procedure, the court notes that the cases typify repetitive claims resulting from the respondent states’ failure to peacefully resolve the Nagorno-Karabakh conflict, reiterate the “primordial” importance of subsidiarity to the functioning of the Convention system, and recommend that both states take immediate steps to address property claims on their own steam:

…it would appear particularly important to establish a property claims mechanism, which should be easily accessible and provide procedures operating with flexible evidentiary standards, allowing the applicant and others in his situation to have their property rights restored and to obtain compensation for the loss of their enjoyment. (Sargsyan, para. 238, Chiragov, para. 199)

Taken together, the judgments represent intriguing developments at a number of levels. Continue reading

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Can you be internally displaced for twenty years? Housing issues and protracted displacement in Azerbaijan

by Yuliya Aliyeva

Yuliya Aliyeva is a Senior Program Manager at the Caucasus Research Resource Center, Azerbaijan. This blog post is based in part on the publication she co-authored last year for the Brookings-LSE Project on Internal Displacement, “‘Can you be an IDP for Twenty Years?’ A Comparative Field Study on the Protection Needs and Attitudes towards Displacement among IDPs and Host Communities in Azerbaijan”.  The report co-author, Tabib Huseynov, is the Caucasus Program Manager for Saferworld.

The ongoing conflict with neighbouring Armenia over Azerbaijan’s predominantly Armenian-populated region of Nagorno-Karabakh produced one of the largest flows of refugees and internally displaced persons (IDPs) seen during the deterioration process of the former Soviet Union. Today, some 595,000 people—or seven percent of the total population—remain internally displaced in Azerbaijan.[1] While the two states continue their posturing about the future of Nagorno-Karabakh, hundreds of thousands of Azerbaijani citizens await durable solutions to their displacement and continue to face major housing and property concerns in particular.

The conflict started in 1988 as Armenians demanded incorporation of Nagorno-Karabakh into Armenia. As the Soviet Union collapsed in 1992, leaving a huge power vacuum behind, inter-communal clashes escalated into a full-scale undeclared war between newly independent Armenia and Azerbaijan. As a result of the fighting, which left some 25,000-30,000 people dead on both sides, Armenian forces gained control over Nagorno-Karabakh and seven surrounding districts that together make up 13.6 percent of Azerbaijan’s territory. A cease-fire was signed in 1994, which has largely held until today, although the parties have been unable to resolve the political dispute regarding the status of Nagorno-Karabakh.

As IDPs fled the conflict areas, they were temporarily settled throughout Azerbaijan. Some of them settled in administrative buildings, schools, unfinished buildings, dormitories and sanatoriums. Others were placed in IDP camps, railway cars, dugout shelters and other sub-standard emergency shelters in rural areas. The housing conditions for some IDPs have improved over time and are now similar to those enjoyed by the general Azerbaijani population. However, for the majority of IDPs, proper housing is still only a dream.

Today, according to official statistics, 86 percent of IDPs in Azerbaijan live in urban areas (mainly in Baku and Sumgait).[2] According to a recent World Bank study, 42.5 percent of IDPs live in one-room accommodations, compared to only 9.1 percent of non-IDPs.[3] As a result, IDP families have an average of 36 square meters of living space compared to 74 square meters for non-IDP families.[4] That being said, there is some diversity among IDP populations and their housing situations. Overall, the IDPs can be divided into four categories based on housing conditions.

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Few signs of Spring in Baku (and less in Strasbourg) in the leadup to a tainted Eurovision final

by Rhodri C. Williams

As much as I am a big believer in maintaining a healthy firewall between work and life, the human rights branch can sorely test one’s ability to compartmentalize. As a result, I face a dilemma next Saturday. On one hand, my kids are now old enough to genuinely share in my (not unlimited) fascination with the annual sanitized bacchanalia that is Eurovision. So my private-me would love to break out the popcorn, pile onto the couch with the family and squirm through this year’s crop of ethno-retro-monstro-disco with an untroubled conscience.

Inconveniently, however, my public-me has long since foreclosed this option. Unlike earlier contests, this year’s final in Azerbaijan is tainted not only by the unapologetic disdain for human rights and democracy displayed by its hosts, but also by the self-defeating failure of the European institutions responsible for safeguarding these values to attach even the frailest of strings to the massive PR coup of holding the contest. Free but unwilling to lob criticism from the safety of Brussels, Strasbourg (home to the Council of Europe or CoE, to which Azerbaijan has made binding human rights commitments) and Geneva (in the case of the European Broadcasting Union or EBU, which sponsors the event), these organizations have displayed nothing like the courage of ordinary Azerbaijani activists and journalists who face blackmail, police beatings and hard time for expressing dissent.

In an age in which European leaders are all too willing to disown previously indispensable autocracies in the Middle East, how to explain this blindness to their own backyard? Will presumptive president-for-life Ilham Alijev become for the Council of Europe and the EBU what Saif al-Islam Ghaddafi ended up being for the LSE? And what legitimate claim will the rhetoric of ‘European values’ have on the loyalties of ordinary Azerbaijanis when and if the substance of those values actually prevail? These questions have been raised in a very pointed and concrete manner during recent weeks by a number of international and local organizations.

Beginning with the international advocates, my former Bosnia colleagues at the European Stability Initiative (ESI) today released a blockbuster report on the systematic campaign of ‘caviar diplomacy’ designed to win and retain “the stamp of legitimacy conferred by Council of Europe membership”. The ESI alleges that by offering annual gifts of caviar and flash trips to Baku, the Aliyev regime secured the loyalty of key members of the Parliamentary Assembly of the Council of Europe (composed of national parliamentarians from CoE member states), as well as the organization’s secretariat. In return, Baku received “ever more anodyne, even complimentary” reports on its blatantly rigged elections and deteriorating human rights record.

In the words of ESI, the Aliyev regime succeeded in only five years in neutering Europe’s oldest human rights organization:

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Euroviction: Azerbaijan demolishes homes for a song (contest)

by Rhodri C. Williams

Hat-tip to TN guest-author Anneke Smit for pointing out Azerbaijan’s most recent contributions to the busy field of forced evictions. (And apologies to ToL for partially appropriating their pun. I only realized later – proof, one hopes, that great minds do think alike…)

In many respects, recent rounds of ‘urban renewal’ in the Azerbaijani capital, Baku have followed an all too familiar forced evictions playbook. For instance, according to a February report by Human Rights Watch, the authorities in the oil-flush country have violated their own laws and constitution as well as their international obligations through a well-known litany of omissions including failure to provide notice of evictions, no meaningful consultation or recourse, no protection of residents’ health or safety and inadequate compensation and resettlement assistance.

Moreover, in a manner befitting one of the remaining outposts of the former Soviet Union that has made few concessions to even managed democracy (and may not need to as long as the petrodollars keep flowing), the Azerbaijani authorities also appear to have carried off the evictions with a certain panache. For instance, Zulfali Ismayilov, the senior municipal official in charge, described displaced residents as “greedy” in a press conference covered by ToL, and then went on to make one of those off-the-cuff statements that speak more loudly than volumes of best-practice guidelines and workshop conclusions:

Ismayilov would not answer any additional questions from a reporter. But when a member of one of the last families in the building said she would immolate herself if police came to forcibly remove her, Ismayilov offered to help her do so.

Such an offer can only with some difficulty be reconciled with the embrace of human rights values professed by the Ministry of Foreign Affairs of Azerbaijan. In fact, the gap between the MFA’s windy declaration of Azerbaijan’s official aspirations and Mr. Ismayilov’s terse expression of its actual governance approach is precisely what makes these evictions shocking. In a country with current membership in the Council of Europe and long-term aspirations to European integration, forced evictions are clearly counterproductive as well as wrong.

However, the irony of Baku’s most recent demolitions is that they have been undertaken for the express purpose of beautifying the site of next May’s Eurovision song contest, an annual event dedicated to promoting “the cultural union of Europe”. In explaining the historical paths along which Azerbaijan has converged with Europe and its annual glam pop extravaganza, the official Eurovision website highlights both Azerbaijan’s own painful experience of conflict-based internal displacement and its aspirations to democratic rule of law:

In spite of the sad results of Armenia’s aggression against Azerbaijan (Armenia occupied the territory of Nagorny Karabakh and 7 neighboring districts. One million out of total population of eight million are refugees), our country mobilized its potential and had great successes in building democracy. Azerbaijan manages to successfully overcome the difficulties and continues making important and firm steps towards the establishment of a democratic and lawful country with civil society.

While it is true that Azerbaijan has struggled to cope with the effects of conflict and internal displacement, the current imbroglio over the Eurovision contest demonstrates a failure to learn from these experiences. As reported recently by the Brookings Institution, for instance, the fact that the Azerbaijani authorities initially allocated private homes to internally displaced persons on an ad hoc basis and then failed to build alternative housing that would allow the quick return of the occupied properties to their owners led to findings of violations by the European Court of Human Rights. In a country virtually sloshing with oil revenues, such an eventuality was not only unfortunate but also unnecessary.

Similarly, the current botched and abusive nature of the evictions of residents of the nascent Eurovision zone appears to result almost entirely from poor planning and disdain for legal niceties. On one hand, Human Rights Watch notes (Section II) that respect for the procedural requirements for resettlement under Azerbaijani law was nearly impossible in light of the narrow window between the country’s victory in last May’s contest and its hosting of the 2012 contest in two months. However, this would seem to be a rationale for at least minimizing the scope of resettlement necessary, e.g. by refraining from demolishing a nine-story building housing 72 families simply because it “blocks the view from the Crystal Hall.” Moreover, while Azerbaijan may not have had time, it certainly has money, suggesting that any deficit behind the failure to pay adequate compensation to victims (HRW, Section V) may have been of a democratic rather than a fiscal nature.

It is undoubtedly difficult to keep politics out of Europe’s premier kitsch culture event. In the case of Azerbaijan, this is most clearly indicated by the tersely worded notifications on both Azerbaijan and Armenia’s official Eurovision sites that the latter has sent its regrets and will not be attending. While the failure of the authorities in these neighboring countries to resolve their territorial conflict is unfortunate, it reflects poorly on them and not the Eurovision contest itself. However, the new evictions in Baku raise the question of whether the Eurovision contest risks damaging its own standing. When pressed by HRW (Section VII), the European Broadcasting Union disowned the evictions on the grounds that the ‘improvements’ behind them were planned long before Azerbaijan won the right to host Eurovision:

[Joergen Franck, director of television for the EBU] reiterated the EBU’s position that there is no connection between the expropriations and the Eurovision Song Contest, and said the people in the area would have been evicted even if the 2012 Eurovision Song Contest were to be held elsewhere. “The EBU does not believe its brand has been tainted by government actions or by articles in the press,” he told Human Rights Watch. Franck said that although the EBU is seeking explanations from the Azerbaijani government about development plans in the area, the EBU would not be seeking assurances from the government about addressing eviction-related abuses. Doing so, he said, would interfere with the non-political character of the Eurovision Song Contest. Franck also said that organizations could take advantage of the “bright spotlight” the Eurovision contest was throwing on Azerbaijan in order to highlight human rights violations, and that this was “a good thing.”

While HRW dispensed with these arguments by noting that the current rationale and the timing of the evictions is clearly linked to Baku’s impending boy band invasion, there may be a deeper question involved. Eurovision celebrates European culture in the spirit of unity through respect for diversity. As a result, the winning formula typically involves spicing up a generically catchy piece of synth-pop with some pan pipes or dancers in rustic smocks or terrifying Nordic monster outfits in order to reinforce the idea that Europe is not a bureaucratic steamroller of the things that distinguish member states in inoffensive and enjoyable ways. However, if there is any type of culture that truly distinguishes ‘Europe’ as a post-World War II project and a sum that is greater than its parts, it may well be the culture of respect for democracy and human rights. Be prepared for a clash of cultures in Baku.


Week in links – week 12/2011

The current march of historic events continues apace with the aftermath of the Sendai quake still causing headlines and a new chapter in the annals of R2P being written in the skies over Libya. Quite a few bits of less dramatic but very interesting HLP-related news as well, many detailed below.

Some interesting things coming up on TN as well – in addition to a number of individual guest-postings currently in the works, I am very excited to announce that Landesa has offered to periodically cross-post pieces from their excellent Field Focus blog. Look out for a debut piece early this week.

Turning to the news, the Internal Displacement Monitoring Centre (IDMC) just released their global overview for 2010. The conclusions are sobering, with a new rise in overall conflict-related internal displacement and the consolidation of a number of negative trends such as protracted displacement situations and displacement due to generalized violence (e.g. criminal activities as opposed to ordinary armed conflict).

The UN Special Rapporteur on the right to food, Olivier De Schutter, recently submitted his annual report, this year with a plug for ‘agroecology’ – a cultivation technique identified by Mr. De Schutter after an “extensive review of the scientific literature” as most likely to help states “achieve a reorientation of their agricultural systems towards modes of production that are highly productive, highly sustainable and that contribute to the progressive realization of the human right to adequate food.” Kudos to Mr. De Schutter for sparing the rest of us the scientific literature and moving the debate over global agriculture in an interesting new direction.

In the wake of the triple catastrophe in Japan, the New York Times reports on how much of the affected coast was inhabited by elderly persons unlikely to rebuild. In the clinical terminology of climate change, the obvious question is whether the abandonment of many of these obliterated towns and villages will ultimately come to be seen as a form of adaptation to be replicated in other parts of the world. As the Times notes, it is hardly the first time the question has come up:

“We faced exactly the same question after Katrina,” said John Campbell, [a] visiting scholar at the University of Tokyo. “There was a big discussion about whether we should rebuild the Ninth Ward, since it was below sea level, and so on. In terms of economic rationality, it didn’t make any sense, really. But on the other hand, it’s where these people lived, and there were emotional reasons to do it.

Meanwhile the UN International Strategy for Disaster Reduction (UNISDR) released its mid-term review, halfway through the ten year period envisioned for implementation of the Hyogo Declaration and Framework for Action. In an almost morbid quirk of timing, the document was released two days before the catastrophe in Japan, rendering its calls for greater attention to disaster risk eerily antiquated: “…the Hyogo Framework for Action is the world’s only blueprint for staving off losses caused by natural hazards, often overshadowed by news on losses from war, unemployment or inflation.” With all due respect to Col. Ghadafi’s current bout of attention-seeking, this shouldn’t be an issue now.

After quite a lot of coverage earlier this year, the renewed efforts to achieve land restitution in Colombia fell off TN’s radar somewhat. However, things seem to be moving forward – here, NPR reports on how some land has already been returned to displaced owners (it is unclear on what basis this has occurred) as well as on how restitution remains tied to broader agricultural reform goals.

Finally, having cited EurasiaNet earlier on the lengths gone to by Azerbaijan’s IDPs to avoid locally integrating in order to maintain their prospects for return, I have now found a companion piece on Transitions OnLine on how far Armenians in contested territories will go in order to maintain their competing claims:

The people here acknowledge that life in villages is difficult and boring, especially when there is no electricity. But they persevere. “This land needs to be tended,” Khachatryan says. “My children have to plant trees, harvest crops, and have children here to understand this is the homeland and it needs to be kept,” Khachatryan says, lighting the oil lamp with care.

‘Bosnia Remade’ and beyond

by Gerard Toal

Thank you Rhodri for giving me the opportunity to post on Terra Nullius. You’ve created a great resource here and I look forward to exploring the archives further. There’s much to write so I’ll be brief:

1. Rhodri has already pointed to the European Affairs pieces; I hadn’t read TGC’s piece before the interview but I have to say I’m somewhat baffled at how the ‘partition is the solution’ storyline can emerge from a libertarian think tank supposedly dedicated to individual not group liberty. I think there’s an explanation but it has more to do with US domestic politics and very little to do with any deep understanding of BiH (much of US foreign policy discourse is like this). STRATFOR piece on BiH was a shaky as their whole ‘geopolitical analysis’ enterprise: I had to point out to European Affairs that what they had written as ‘high commissioner’ should be ‘high representative.’

2. The book Bosnia Remade which I co-authored with Carl Dahlman is now out and available (Oxford, 2011). Its been in the works for about 8 years and for various reasons got delayed and delayed. The core of the book is the research we did in BiH between 2002 and 2005 on how the implementation of Annex 7 was unfolding in three BiH localities: Zvornik, Doboj and Jajce. Since 2002 we started publishing aspects of this, writing a total of 10 papers (available on the website bosniaremade.org under ‘Other Publications’). We could have left it there but I’ve always wanted to read a book on BiH that would tell the story of its transformation from before the war to today in a way that did not reproduce the categories of the warring parties.

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