Statements and messages of the Prime Minister of RA

No article of the Constitution of Armenia contains any direct or indirect reference to Nagorno-Karabakh. Prime Minister

13.11.2024


During the National Assembly-Government Q&A session, Prime Minister Pashinyan referred to the question about the claims from Azerbaijan regarding changing the Constitution of Armenia. In response to MP Arusyak Julhakyan's question, Prime Minister Pashinyan specifically stated:

"Azerbaijan's assertions that the Constitution of the Republic of Armenia contains territorial claims against Azerbaijan are based on the argument that the preamble of the RA Constitution makes a general reference to the Declaration of Independence, which in turn mentions Nagorno-Karabakh. The Constitutional Court of the Republic of Armenia, in its Decision dated September 26, 2024, noted that the reference to the Declaration of Independence in the preamble part of the Constitution pertains exclusively to those provisions of the declaration that have been enshrined in the articles of the Constitution. No article of the RA Constitution contains any direct or indirect reference to Nagorno-Karabakh. It should also be noted that there exists a clear hierarchical distinction between the Declaration of Independence and the Constitution, based on the adopting entities. That is, while the Declaration of Independence was adopted by the Supreme Council of the Armenian SSR, as one of the 15 union republics within the USSR, the Constitution was adopted by the sovereign people of the Republic of Armenia as an internationally recognized independent state.

The preamble of Azerbaijan's Constitution makes a reference to the constitutional act adopted on October 18, 1991. This constitutional act, in its turn, makes a reference to the Declaration of Independence of the First Republic of Azerbaijan, adopted on May 28, 1918. The declaration states that the First Republic of Azerbaijan includes Eastern and Southern Transcaucasia. In November 1919, Azerbaijan submitted its administrative-territorial map to the Entente, according to which the RA regions of Syunik and Vayots Dzor completely, as well as parts of the regions of Ararat, Armavir, Gegharkunik, Tavush, Lori, and Shirak, amounting approximately 60 percent of the territory of the RA, are included in the territory of Azerbaijan. Thus, Azerbaijan's Constitution contains territorial claims against Armenia. The Republic of Armenia does not raise the issue of amending Azerbaijan's Constitution for two reasons: first, such a demand would lead to a deadlock in the Armenia-Azerbaijan peace process, and second, there is a provision in the agreed part of the peace treaty between Armenia and Azerbaijan stating that none of the parties may invoke internal legislation as justification for its failure to implement this agreement. Another article in the agreed part of the peace treaty states that the parties recognize each other's territorial integrity, have no territorial claims against each other, and oblige not to raise such claims in the future.

According to the legislation of the Republic of Armenia, the Peace Treaty must be ratified by the Parliament after it is signed. Prior to that, the Government has an obligation to submit the treaty to the Constitutional Court to verify its conformity with the Constitution of the Republic of Armenia. If the Constitutional Court decides that the text of the Peace Treaty does not conform to the Constitution (Although after the decision of the Constitutional Court of Armenia from September 26, 2024 such a development is unlikely), the Republic of Armenia most probably will initiate constitutional amendments. If the Constitutional Court finds that the text of the Peace Treaty conforms to the Constitution, it will proceed to the ratification process in the country's Parliament.

According to Article 5, Clause 3 of the Constitution of the Republic of Armenia, in the case of contradiction between the norms of ratified international treaties and those of domestic laws, the norms of the international treaty shall prevail. Thus, the Peace Treaty between Armenia and Azerbaijan will acquire superior legal force over the laws of the Republic of Armenia and other normative legal acts once it is ratified by the Parliament".

 

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