Armenia Set to Approve Historic Border Agreement: Key Regulation to Be Sent to Constitutional Court

Armenia is set to take a major step in its ongoing efforts to resolve border disputes with neighboring Azerbaijan. On Thursday, the Armenian government will approve a key regulation concerning the joint activities of the border delimitation commissions of Armenia and Azerbaijan. This regulation, described as a "high-quality document" by Armenia’s Minister of Justice, Grigor Minasyan, is in accordance with the guidelines of the Organization for Security and Co-operation in Europe (OSCE).

Speaking at a briefing with reporters on Wednesday, Minister Minasyan spoke the importance of this regulation in the broader context of Armenia-Azerbaijan relations. He noted that the document, once approved by the Armenian government, would be sent to the Constitutional Court of Armenia for further review. This step is important as it marks the transition from diplomatic discussions to legal formalization.

"It would be correct to limit ourselves to the existing statements. There is a regulation that will be approved by the [Armenian] government as a draft of an international agreement on Thursday and will be sent to the Constitutional Court. I think it is a consensual and high-quality document and in accordance with the OSCE guidelines," Minasyan stated.

The draft law, once approved, will come into effect the day after it is officially published, starting a new phase in the border delimitation process between Armenia and Azerbaijan.

The border delimitation agreement between Armenia and Azerbaijan has been a topic of intense discussion and concern. The agreement, outlined in the Protocol of the 8th meeting of the State Commission, was initially signed on April 19, 2024, and finalized on August 30, 2024. The regulation on the joint activities of the commissions has now been agreed upon, with both countries engaged in their respective internal state procedures to implement it.

However, the agreement reflects a delicate compromise, with some observers noting that it appears to favor Azerbaijan's demands. This includes the use of various documents and maps for the demarcation process, despite the continued inaccessibility of crucial Soviet-era maps that are held in Russia’s archives. These maps are critical for an accurate and fair delimitation, and their unavailability has been a point of contention.

Several key issues remain unresolved, including the status of enclaves and the presence of Azerbaijani military forces in Armenia since 2020. These unresolved matters exacerbate Armenia's sense of insecurity, especially in regions where tensions have remained high. The situation is further complicated by Azerbaijan's recent demands, which include the withdrawal of the EU Monitoring Mission in Armenia and restrictions on the activities of the Armenian armed forces. In addition to Azerbaijan holding numerous POWs in Baku prisoners, which include former high level officials.

The border demarcation agreement raises significant concerns about the safety and security of residents living in border areas. In regions like Tavush, where the local population has been working to rebuild and maintain stability, the demarcation process threatens to disrupt livelihoods and jeopardize the fragile balance that has allowed for recovery and growth.

There are no concrete commitments within the agreement to address the well-being of these communities. This lack of assurance adds to the uncertainty faced by residents who are already living in a precarious situation. The potential for renewed conflict or increased tension remains a serious concern for those living near the border.

As Armenia moves forward with the approval of this regulation, the legal and political challenges surrounding the border delimitation process are likely to persist. The Constitutional Court's review of the document will be a critical step in determining its legality and alignment with Armenia's national interests.

The Armenian government, while pushing forward with this agreement, must navigate a complex landscape of domestic and international pressures. The role of the OSCE and other international actors will be crucial in ensuring that the delimitation process proceeds fairly and transparently, with due consideration given to the concerns of all stakeholders involved.

The approval of the border delimitation regulation marks a major moment in the ongoing negotiations between Armenia and Azerbaijan. While the document is being presented as a high-quality, consensual agreement in line with international guidelines, the broader implications for regional stability and security are still uncertain. 

For Armenia, the path forward involves not only legal formalization but also addressing the unresolved issues that continue to fuel tensions along its borders. The well-being of border communities and the long-term stability of the region will depend on how these challenges are managed in the coming months.