Armenian Government Approves Key Regulation on Border Agreement with Azerbaijan

On Thursday, the Armenian government approved a key regulation concerning the joint activities of the border delimitation commissions between Armenia and Azerbaijan. This decision marks a major step in the ongoing efforts to resolve border disputes and Azerbaijan’s ongoing threats of war and occupation. 

During a cabinet session, the Armenian government passed the draft law ratifying the regulation on the joint activities of the commissions on state border delimitation and border security between Armenia and Azerbaijan. The regulation outlines the framework for cooperation between the two nations as they work toward formally demarcating their shared borders.

The next step in this process is for Armenia’s National Assembly to ratify the regulation. To begin, the document will be reviewed by the Constitutional Court of Armenia to ensure it aligns with the country’s constitution. If approved, it will proceed to the National Assembly for further discussion and eventual ratification.

This regulation is the result of ongoing negotiations between Armenia and Azerbaijan. According to the minutes from the eighth meeting of the border commissions, held on April 19, 2024, both sides agreed on the framework for their joint activities. The final regulation was signed on August 30, 2024, following months of discussions and nine formal meetings between the commissions. Two key protocols have been signed during these talks, laying the foundation for continued cooperation.

The regulation incorporates principles from the Almaty Declaration of 1991, which provides a basis for determining the borders of post-Soviet states. However, the process has been fraught with challenges, including disagreements over maps and documents crucial to the demarcation process, many of which remain in Russia’s archives.

Armenian Prime Minister Nikol Pashinyan addressed the regulation during Thursday’s cabinet session, emphasizing the importance of awaiting the Constitutional Court’s decision before proceeding. He explained that a more detailed political discussion would take place in the National Assembly once the Constitutional Court provides its ruling. Pashinyan also suggested that if the court were to reject the regulation, it could lead to a different course of action.

“We did not consider it appropriate to have an extended discussion on this matter in the government session before sending [it] to the Constitutional Court,” Pashinyan said. He noted that the government will now await the court’s decision before moving forward with further political debate.

While the approval of this regulation is a significant step forward, the border delimitation process remains complex and contentious. Armenia and Azerbaijan have struggled with unresolved issues, including the status of disputed enclaves and the presence of Azerbaijani military forces within Armenia since the 2020 Nagorno-Karabakh war.

The use of Soviet-era maps for border demarcation, which are stored in Russian archives, has been a particular point of contention. These maps are essential for an accurate and fair delimitation of the border, yet their inaccessibility has complicated the process.

Furthermore, Azerbaijan has made several demands, including the withdrawal of the EU Monitoring Mission from Armenia and restrictions on the Armenian armed forces’ activities. The presence of Armenian prisoners of war held by Azerbaijan also continues to strain relations between the two countries, adding to the challenges of reaching a lasting agreement.

The border delimitation process is not just a political issue—it directly impacts the lives of people living in Armenia’s border regions. Communities in areas like Tavush, which have been rebuilding after years of conflict, are particularly vulnerable to disruptions. Many residents fear that the demarcation process could lead to renewed tensions and further instability.

There are concerns that the agreement does not adequately address the safety and well-being of these border communities. Without concrete commitments to protect residents, the risk of future conflict looms large.

The involvement of international organizations, such as the Organization for Security and Co-operation in Europe (OSCE), has been crucial in facilitating the border negotiations. Armenia’s Minister of Justice, Grigor Minasyan, described the regulation as a “high-quality document” that aligns with OSCE guidelines. He emphasized the importance of this agreement in the broader context of Armenia-Azerbaijan relations.

Despite this, some observers worry that the agreement may favor Azerbaijan’s demands, potentially leaving Armenia at a disadvantage in the long term. As the border delimitation process moves forward, international actors will need to ensure that the process is fair and transparent, taking into account the concerns of both nations.

The approval of this regulation is a critical milestone in the ongoing negotiations between Armenia and Azerbaijan. However, significant challenges remain, and the situation is far from resolved. The Constitutional Court’s review of the regulation will play a key role in determining the next steps, while unresolved issues—such as the status of enclaves, the presence of foreign military forces, and the welfare of border communities—continue to pose obstacles to a lasting peace.

As Armenia and Azerbaijan work through these complex issues, the role of international diplomacy and legal frameworks will be essential in ensuring a peaceful resolution. For the people living near the border, the hope is that this agreement will eventually lead to greater stability and security, though the path forward remains uncertain.

In the coming months, all eyes will be on Armenia’s National Assembly and the Constitutional Court as they review the regulation and determine how best to proceed with the border delimitation process.