Harsh Truths

HARSH TRUTHS

November 7 2014

The government in Armenia is constantly reproduced due to various
reasons. I will list a few of them: 1/ not realizing how it is possible
to live without the state leverages, the government officials, since
1995, do not practice discrimination in the means of being reproduced,
2/ when the political forces participated in the reproduction at
different terms currently are acting against it, it is not perceived
by the conscious people, 3/ most of Armenia’s population, to put it
mildly, is indifferent to legality, including the legality to the
elections, 4/ superpowers need elections causing suspicions so that
they can manipulate the government authorities more easily. And so
on. We can keep listing. There is one feature that is also repeated
for more than 20 years. Constantly demanding extraordinary elections,
the opposition is unable to be prepared for the next elections
properly. Perhaps, the opposition would not like what I say, but
it’s a harsh truth. The mechanism is simple: resources, forces,
time and words are spent “in-between” the elections, hot falls and
hot springs are promised; as a result the next elections are coming,
and the government still with popular methods achieves success. This
cycle, in fact, ends up with a new wave of migration. There has
never been an opposition in Armenia, which has said, “We’re going to
have another elections.” Our oppositions have always said, “Soon,
we are going to do a change of regime.” This time too, I’m afraid,
the oppositions are close at standing on the same rake. The year of
2014 is almost over, the next parliamentary elections will be held
in February 2017, the time is actually not much. If the opposition’s
intentions are serious, they should act. The idea for the establishment
of HQs is absolutely correct in the sense of the next parliamentary
elections. Why is it important to do it today? Because the Republican
Party has long ago established its “HQs”. These are all schools,
all kindergartens, universities, public clinics, all Governors’
administration offices, the vast majority of the villages and urban
municipalities, electric network and gas offices, departments of tax
offices and law enforcement agencies, and so on and so forth. The
government authorities diligently deny that there is such a thing,
but this obvious unlawfulness is also a harsh reality. The only way
for the opposition, keeping the peaceful pressure on in the street,
is to negotiate with the government, getting as many advantages as
possible ahead to the next elections.

Recently, I read an article, allegedly such negotiations have already
begun. Although the author of the article talks about it in negative
emotions, I think, if there is such a process, then it can only be
welcomed. Politics is not the art of the possible, but also a range
of transactions. This is also a harsh truth.

ARAM ABRAHAMYAN

Read more at:

From: A. Papazian

http://en.aravot.am/2014/11/07/167643/

Armenian Government Aims To Develop Communication, IT Sector

ARMENIAN GOVERNMENT AIMS TO DEVELOP COMMUNICATION, IT SECTOR

CISTran Finance
Nov 8 2014

November 7, 2014 10:30 AM
By CISTran Finance Reports

Armenian Prime Minister Hovik Abrahamyan recently led a discussion
with business leaders on developing the nation’s communication and
information technology sector.

The technology sector in Armenia’s economy has great potential
for growth, according to the prime minister, who added that his
administration was prepared to provide any support it can to help
train future workers in the field of communication and information
technology, as well as to develop related programs.

As part of this support, the prime minister said that students can
get training in micro-electronics and telecommunication through
specialized courses at highly specialized secondary schools with
access to proper equipment and highly qualified teachers.

The measures aim to produce a work force that is highly skilled in
information and communication technology, and the venture is one
in which representatives from private enterprise would be willing
to invest.

From: A. Papazian

http://cistranfinance.com/countries/armenian-government-aims-to-develop-communication-it-sector/5217/

The 1915 Genocide : Who Can Legally Represent Armenians?

THE 1915 GENOCIDE : WHO CAN LEGALLY REPRESENT ARMENIANS?

Thursday, 06 November 2014

Armenian genocide : recognition and reparations

Standpoint of Diaspora

The 1915 Genocide : who can legally represent Armenians?

Rodney Dakessian

Judge in Lebanon

If the claims made by Armenians on Turkey in relation to the 1915
Genocide are to be discussed, we should determine who can legally
represent them: Should it be the Republic of Armenia? Or the Armenian
Diaspora – who is not a legal entity? Or the descendants of the
victims of the Armenian Genocide – in Armenia and the Diaspora?

Rodney Dakessian, a Lebanese judge and Doctor of Public Law with a PhD
on > tries to
offer some answers to those issues. He examines the legal status of
Armenia, its interest in bringing the case to court, and its right
to call on Turkish responsibility in the case of the Armenian genocide.

He argues that even if Armenia did not exist as a State at the time
of the 1915 massacres, international law could allow its asking for
reparations from Turkey, the country he sees as being responsible,
at least morally, for the genocide of Armenians.

The Soviet Republic of Armenia, which covered only a small portion of
the historical land or Armenia, was instituted on 20th November 1920.

Almost five years had passed since the killings had started, and two
years after the completion of the campaigns of destruction which
ravaged the Ottoman Armenian community. Armenia reached its total
independence on 21st September 1991.

Given that the Armenian State did not yet exist when the crimes were
perpetrated, the first question coming to mind is whether Armenia is
entitled to bring the matter to Court, and legally qualifies for the
right and legal interest to undertake an action for damages.

On the other hand, the obligation to redress any breach of law is
implied within any legal rule with automatic force. This has been
established by the Permanent Court of International Justice in the
following statement: “The Court observes that it is a principle of
international law, and even a general conception of law, that the
breach of an engagement involves an obligation to make reparation”
– an obligation to make reparation “in an adequate form,” as was
specified earlier on in the same case. These principles apply to
States as well as to international organizations.

As regards States, Article 31 of the text drafted by the International
Law Commission specifies that “the responsible State is under an
obligation to make full reparation for the injury caused by the
internationally wrongful act.” This statement of a well-known rule
has been firmly and consistently reasserted by case law.

A. Entitlement to invoke Turkish responsibility in the case of the
Armenian genocide

The international society is characterized by a high degree of
non-centralization. Unlike what happens in a State, there is no central
authority able to prosecute a State or an international organization
that has been found responsible of international wrongdoing.

True, the United Nations are endowed with coercive powers which can
ultimately be used to force a State to fulfil its obligations in terms
of responsibility. However, it is not done within the framework of
legal responsibility; the purpose is to maintain international peace
and security.

Article 48 of the draft written by the International Law Commission
acknowledges that: “A state is entitled as an injured State to invoke
the responsibility of another State if the obligation breached is owed
to: … (b) … the international community as a whole.” This clause
concerns, but is not limited to, the grave violations of obligations
related to peremptory norms of general international law and, mostly,
violation of erga omnes (towards all) obligations.

However, the Armenian State did not exist at the time the crime
perpetrated.

[repetition du §1] Massacres have been committed against Armenians
living in the Ottoman Empire. So, standing at the present time, which
State is entitled to claim the rights of victims? Is it Armenia,
and why?

As per the theory of erga omnes obligations, it can be said that
any State is entitled to claim the protection of the international
order and to react against war crimes, crimes against humanity and
genocide crimes.

The 1948 Convention on prevention and repression of the crime of
genocide is a peremptory norm of international law, which creates
erga omnes obligations. Violation of obligations attached to this
norm entitles any State to the right and legal interest to protect
these rights and obligations. However, and according to the terms
of enforcement of “diplomatic protection” principles, victims must
be citizens of the State itself and have its nationality. This has
been confirmed by the International Court of Justice in the case of
the Barcelona Traction, in 1970. In other words, the State can only
exercise its diplomatic protection over its nationals – i.e. any
natural or legal person connected to it by a bond of nationality, or
matriculation in the case of ships, airships, rockets and satellites.

This bond enables the State to assert its personal competence,
a prerequisite to the exercise of diplomatic protection.

Whereas in the present case, victims of the 1915 crime are not citizens
of the Armenian State since, as mentioned above, the Armenian State
did not exist at the time the crime was committed.

However, and according to case law, this principle can only apply
in commercial and financial matters, and not in the case of grave
international crimes and violations of obligations pertaining to
peremptory norms of general international law.

Therefore, the situation changes if we face a State violation of an
obligation to respect erga omnes – i.e. of all the other subjects of
the international legal order.

A State has the right to exercise protection upon the victims of a
genocide who are connected to it by an obvious, legal, religious or
ethnic bond. And this link does exist for the Armenian State, all
the more so that the crime victims were Ottoman Armenians – that is
people who spoke Armenian, wrote in Armenian, ran Armenian schools,
had an Armenian culture as well as their own churches, convents,
houses and other buildings.

An actual example of this procedure is the case of Adolf Eichmann,
who stood trial in front of an Israeli court on 11th April 1961, as
the Court asserted Israel’s right to judge and exercise the protection
principle over Jewish “citizens” massacred by the Nazi regime in 1942.

Armenia is similarly connected to the victims of the 1915 crime by an
efficient ethnic, religious, linguistic and cultural bond. Moreover,
many of the descendents of victims of the genocide are Armenian
nationals, and Armenia thus possesses the quality and legal interest
– per Articles 42 and 48 of the text produced by the International
Legal Commission – entitling it to an action for damages. And this
action can only be undertaken at official level, through the Armenian
State itself.

B. Legality of territorial claims and effects of possible Turkish
recognition

The notion of crime against humanity is found implicitly in Article
230 of the 1920 Sèvres Treaty which required to “hand over to the
Allied Powers the persons whose surrender may be required by the
latter as being responsible for the massacres committed during the
continuance of the state of war on territory which formed part of
the Ottoman Empire on August 1, 1914.”

The Sèvres Treaty, named after the town in the West suburb of Paris,
was signed on 10th August 1920, two years after the end of World War
I. It was a peace treaty between the Allies – France, Great-Britain,
Italy and Greece – and the Ottoman Empire (Sultan Mehmed VI) under the
aegis of the League of Nations, which was never ratified by all the
signatories, but clearly established the territorial rights of Armenia.

However, although the Sèvres Treaty was never enforced, it did state
the perpetration of a common law crime punishable by any State, and
the universal character of its condemnation in national law make is
possible to assert that it belonged to the “general principles of
the law” (Art 38 §1,c in the Statute of the International Court of
Justice,) applicable to all States.

However, it should be mentioned that the Turkish recognition of
the Armenian genocide would in no way mean a right to territorial
reparations, considering the various legal and case law obstacles to an
acknowledgement of Turkey’s responsibility, which will therefore remain
purely moral. Turkish acknowledgement will most probably be limited
in its contents and phrasing in a way that will not allow Armenians to
stake territorial claims. Consequently, regarding Armenian territorial
claims, it is advisable to rely on conventional international law and
international case law, given that the 1920 Treaty cannot be applied
because it was not ratified by the signatory parties.

As mentioned above, the obligation to repair all breach of the law is
automatically implied in any rule of law. Concluding therefore that
Turkey, as the continuation but not the successor to the Ottoman
Empire, is responsible at least morally of the Armenian genocide,
obligations will necessarily be attached. But what will be the nature
of these obligations incumbent upon Turkey?

The first form of reparation recognized by international law is the
restitution of things as they were orrestitutio in integrum. In our
present case, it would be quite impossible to restore the situation
in fact or law as it was before the crime perpetrated against Ottoman
Armenians, particularly since the crime happened almost a hundred
years ago.

There might be a possible procedure in this respect – the restitution
of Armenian property – by appealing to the European Court of Human
Rights, which will eventually be competent to examine claims from heirs
to victims of the 1915 crimes and deportations. The case can be tried,
particularly if the non-retroactivity principle of conventions and
treaties is overcome – as per Art. 1 of Protocol 1 (protection of
property) of the European Convention of Human Rights ensuring right
to property, and given that violation of this right persists today,
supported by Turkey’s denial, depriving the descendents of victims
of their rightful inheritance.

Several decisions of the European Court of Human Rights are an
encouragement to follow this procedure. In particular, the Loizidou
vs Turkey case (N° 40/1993/445/514) deferred to the Court by the
government of Cyprus (“requesting government”) on 9th November 1993,
after Cyprus citizen Mrs Titina Loizidou had brought the matter to
the European Commission of Human Rights (“the Commission”) on 22nd
July 1989 pursuant to Article 25 of the Convention. The purpose was
to obtain a decision as to whether the property deprivation of Mrs
Loizidou came from a breach by Turkey of Art.1 of Protocols 1 and
8 of the Convention. The Court has ruled by judgment of 23rd March
1995 that Mrs Loizidou should be reimbursed after her properties were
confiscated in 1974 and that she was expelled from her country and
forbidden to return.

On the same subject – the restitution of Armenian properties – it
should be noted that the United States have adopted a law, in 2004,
concerning the damages experienced by foreigners, making American
courts competent to judge cases of losses caused to non-Americans
further to violation of the laws of nations or of a treaty of which
the United States is a member. Therefore, a case could be made by
heirs to victims of the Armenian genocide against Turkey in front
of American courts if, of course, this law should be applied with
retroactive effect, as indeed already happened in the United States.

A second form of reparation is compensation. Reparation of damages
caused to Ottoman Armenians by the 1915 crime could naturally take
the form of compensations. Given that restitution, as was seen
earlier, is almost impossible, reparation by equivalent property
or compensation might be more thinkable in the case of the Armenian
genocide. Let us take, as a similar and effective example, the case
of the Holocaust perpetrated by Nazi Germany against the Jews. German
companies are still paying indemnities to the Jewish community, and
these reimbursements could be put forth as legal precedents for the
“Armenian question” – only, of course, if the International Court of
Justice accepted to apply the 1948 Convention with retroactive effect.

The last form of reparation known in international law and which seems
the most adapted and applicable to our current case is satisfaction.

It is a mode of reparation that is purely moral consisting,
for instance, in remorse expressed or apologies presented by the
responsible State.

In our eyes, satisfaction and compensation seem to be the most logical
and achievable means of reparation. All the more so that satisfaction
has already been the object of a long debate in the case of the
“Armenian question.” Armenians have ceaselessly asked for apologies
on the part of Turkey for the 1915 crime, but so far to no avail.

In consequence, satisfaction appears as a very essential and paramount
issue in the case of the Armenian genocide.

From: A. Papazian

http://repairfuture.net/index.php/en/armenian-genocide-recognition-and-reparations-standpoint-of-armenian-diaspora/the-1915-genocide-who-can-legally-represent-armenians-armenian

L’adhesion De L’Armenie A L’UEE N’aura Aucun Impact Dans Le Secteur

L’ADHESION DE L’ARMENIE A L’UEE N’AURA AUCUN IMPACT DANS LE SECTEUR DE L’EDUCATION

ARMENIE

L’adhesion de l’Armenie a l’Union economique eurasiatique (UEE)
n’aura aucun impact negatif sur les tendances dans le developpement
dans le secteur educatif du pays, selon un responsable du gouvernement.

Parlant jeudi au service armenien de RFE / RL (Azatutyun.am), le
ministre de l’Education et des Sciences Armen Ashotian a souligne que
l’Armenie elle-meme decide du contenu de son education nationale et
que le traite d’adhesion de l’UEE que le pays a signe le 10 Octobre
ne signifie pas un programme educatif separe.

Le ministre a ajoute, cependant, que la reconnaissance mutuelle des
diplômes universitaires est dans le cadre des questions de l’UEE. Il
a souligne que cette question est consideree dans le contexte de
l’espace du marche economique et du travail commun.

Certains pedagogues en Armenie, cependant, croient que l’integration
du pays avec le bloc de commerce dirigee par la Russie signifiera
aussi inevitablement une regression vers nu système educatif a la
“sovietique” avec tous ses phenomènes negatifs et la domination de
la langue russe.

Directrice adjointe de l’Institut national d’education Anahit Bakhshian
base a Erevan a declare qu’un tel scenario serait “un autre coup dur
pour notre dignite nationale.”

“Je me souviens qu’a l’epoque sovietique, on pouvait entendre les
gens parler le russe partout, que ce soit dans les ecoles ou dans les
transports publics. Il n’y a rien de mal a etre en mesure de parler
une autre langue, mais cela ne devrait pas se faire au detriment
de votre identite. Connaissant les politiques russes que trop bien,
j’ai peur ” a-t-elle dit.

Armen Ashotian a toutefois souligne qu’il ne s’attendait pas a des
changements drastiques dans le domaine dans un proche avenir et a
affirme que la prochaine adhesion de l’Armenie a l’UEE n’implique
aucun risque pour le système de l’education nationale.

Selon le ministre, meme malgre les differences qui existent
aujourd’hui, avec a 12 ans l’enseignement secondaire en Armenie
et une education secondaire a 11 ans en Russie, les diplômes des
ecoles seront mutuellement reconnus dans tous les pays de l’UEE, qui
comportera egalement le Belarus, le Kazakhstan et, eventuellement,
le Kirghizistan.

vendredi 7 novembre 2014, Stephane (c)armenews.com

From: A. Papazian

Le Courant Passe De Mieux En Mieux Entre L’Armenie Et La Georgie

LE COURANT PASSE DE MIEUX EN MIEUX ENTRE L’ARMENIE ET LA GEORGIE

ARMENIE

L’Armenie et la Georgie vont lancer les travaux de construction d’une
nouvelle ligne a haute tension d’une puissance de 400-kw reliant
les deux pays voisins du Sud Caucase en 2015, a fait savoir mardi 4
novembre le ministère armenien de l’energie. Lors de la discussion
du projet de budget national pour l’exercice 2015 dans l’Assemblee
nationale d’Armenie, le vice-ministre de l’energie Ara Simonyan a
precise que le coût de ce projet pilote etait estime a quelque 330
millions d’euros, l’Armenie en assumant la plus grande part, avec
300 millions d’euros, la Georgie deboursant les 30 millions d’euros
restants. Dans la première phase de ce projet, une ligne intermediaire
sera construite pour faire le lien entre la future ligne et les
deux lignes existantes qui connectent deja les reseaux electriques
d’Armenie et de Georgie, a precise le responsable armenien. M.

Simonyan a aussi fait le point sur le programme de construction de
la troisième ligne de courant reliant l’Armenie et l’Iran, d’une
capacite de 400 kw.

vendredi 7 novembre 2014, Gari (c)armenews.com

From: A. Papazian

Azerbaijan Pledges Security For Armenian Athletes At Next Year’s Gam

AZERBAIJAN PLEDGES SECURITY FOR ARMENIAN ATHLETES AT NEXT YEAR’S GAMES IN BAKU

SPORTS | 07.11.14 | 10:21

Azerbaijan says he is ready to give security guarantees to Armenian
athletes during next year’s inaugural European Olympic Games that
are due to be held in Baku, Interfax Azerbaijan reported.

“We will ensure the security of all participants in the European Games,
including representatives of Armenia,” stated Chingiz Huseynzade,
the Vice President of the National Olympic Committee of Azerbaijan,
is quoted as saying.

The official also reportedly said that Azerbaijan was also ready to
provide security guarantees to Armenian fans who would want to travel
to Baku to support their athletes.

European Olympic Committee President Patrick Hickey announced earlier
this week that Armenia had agreed to send its athlete to the 2015
European Games in Baku.

Hickey, along with International Olympic Committe President Thomas
Bach met with Armenian President Serzh Sargsyan during a visit to
Yerevan in October. The official said “all the problems were solved”
and “they [Armenia] have agreed to participate in the games next year,
and they will come to our general assembly in Baku in two weeks’ time.”

From: A. Papazian

http://armenianow.com/sports/58310/armenia_azerbaijan_european_olympic_games_2015

Three Suicide Cases In Prisons During This Year: Pastinfo

THREE SUICIDE CASES IN PRISONS DURING THIS YEAR: PASTINFO

12:15 | November 6,2014 | Social

At the prisons of the RA Justice Ministry, 3 suicide cases of the
prisoners have been registered during the last 10 months of 2014.

It was informed by Gor Ghlechyan, Public Relations Department Head
of the RA JM Penitentiary Department, in response to the question of
“Pastinfo” correspondent.

More on the source website

From: A. Papazian

http://www.pastinfo.am/hy/node/54783
http://en.a1plus.am/1199653.html

Is Crisis Looming In Georgia?

IS CRISIS LOOMING IN GEORGIA?

Lragir.am
Politics – 05 November 2014, 15:23

The Georgian prime minister has dismissed the minister of defense
Iraklee Alasania. Prime Minister Gharibashvili announced his decision
after the meeting of the political board of Georgian Dream coalition.

“The procurement of the ministry of defense has been brought up many
times, for which reason the minister of defense was warned. Therefore,
I have decided to dismiss Alasania,” Gharibashvili stated.

Alasania responded in the office of the Free Democrats Party and
called the government to stop its attacks on the Ministry of Defense.

The Georgian prime minister has explained that the minister has
facilitated his friends to win tenders. “We have declared fight on
corruption to be our key priority and will continue to be intolerant,
whoever is concerned. “To avoid politicization of the armed forces
and the ministry of defense, I have decided to dismiss the minister,”
News Georgia quoted Gharibashvili.”

After his dismissal Iraklee Alasania announced on Rustavi 2 that the
Prosecutor General’s Office is promoting Russia’s interests. Alasania
thinks that the steps taken in the direction of rapprochement with
Europe are an indicator of the activities of the defense ministry. He
says the Georgian army has played an important role in integration
with NATO and the EU.

“What is happening today and what the Georgian Prosecutor General’s
Office is doing stems from Russia’s interests. It will hinder the
European integration of the country. The actions of the Prosecutor
General’s Office contradict the choice of citizens who supported the
integration of Georgia with the EU,” the ex-minister said.

Gharibashvili described Alasania’s statement as irresponsible. “The
foreign political path of the Georgian government is not linked to
the position of one minister,” he said.

On Rustavi 2 Channel Alasania called all the pro-Western forces to
unite. He said Russia intends to destroy all the state institutions
which support Georgia’s integration with Europe and NATO.

The Georgian president Georgy Margvelashvili noted that the crisis may
hinder the process of Georgia’s integration with the EU. The Georgian
prime minister Kakha Kaladze did not rule out the resignation of all
the ministers of Alasania’s bloc. After his resignation the minister
of European integration affairs Alexiy Petriashvili tendered his
resignation. The foreign minister Maya Panjikidzeh and the minister of
justice Tea Tsulukiani are members of Alasania’s team. In addition,
Panjikidzeh is the sister of Alasania’s wife. Alasania was appointed
minister of defense in October 2012. He is the leader of Our Georgia –
Free Democrats Party which has formed a coalition with the Georgian
Dream. The party has 10 members of parliament. If they leave the
coalition, the Georgian Dream will lose parliamentary majority. The
ex-president Mikheil Saakashvili’s party has already called Alasania
for cooperation.

From: A. Papazian

http://www.lragir.am/index/eng/0/politics/view/33175#sthash.YjqiCqSz.dpuf

Pope Tawadros II Leads Armenian Church Mass In Moscow

POPE TAWADROS II LEADS ARMENIAN CHURCH MASS IN MOSCOW

Premium Official News
November 4, 2014 Tuesday

Cairo

State Information Service, The Government of Egypt has issued the
following news release:

Pope Tawadros II of Alexandria and Patriarch of St. Mark Diocese
headed a mass on Monday 3/11/2014 at a church affiliated to the
Armenian Church in Moscow, said a statement released in Cairo.

The Armenian Church is a subsidiary of the Coptic Orthodox Church
of Egypt.

From: A. Papazian

UN Debates: State Of Palestine Must Exercise Right To Sovereignty…

UN DEBATES: STATE OF PALESTINE MUST EXERCISE RIGHT TO SOVEREIGNTY…

States News Service
November 4, 2014 Tuesday

STATE OF PALESTINE MUST EXERCISE RIGHT TO SOVEREIGNTY, DELEGATES URGE
AS THIRD COMMITTEE CONCLUDES THEMATIC DEBATE

NEW YORK

The following information was released by the United Nations:

All peoples had a fundamental entitlement to sovereignty and the State
of Palestine must be able to exercise that right, several delegates
told the Third Committee (Social, Humanitarian and Cultural) today
as it concluded its general discussion on self-determination and
the elimination of racism, racial discrimination, xenophobia and
related intolerance.

During the debate, a number of speakers called self-determination the
core principle of all international instruments for the protection
of human rights. Spotlighting the Palestinian people’s struggle for
statehood, some delegates expressed grave concerns over Israel’s human
rights violations. Iran’s representative was particularly concerned
about illegal settlements on occupied territory.

“It was no coincidence that those who were denied political status
tended to be the poorest and most repressed in the countries where they
lived,” said a representative of Maldives, calling for a two-State
solution for the multi-decade conflict. Where occupied people called
for help, the international community had a duty to act, he said.

A representative of the Permanent Observer Mission of the State of
Palestine voiced a call on the international community to take the
necessary steps to bring an end to all Israeli violations. For nearly
five decades, they had been subjected to a myriad of violations,
including institutionalized racism and discrimination in its most
barbaric forms. While the Palestinian citizens of Israel constituted
one-fifth of the Israeli population, they continued to be targeted by
a barrage of racist laws making them second- and third-class citizens
in their own land.

Further, Palestinian people had been deprived of their rights to
self-determination and sovereignty over their land, she said. She
highlighted that the right of self-determination of peoples
underpinned all other human rights, as recognized in Article 1 of
both the International Covenant on Civil and Political Rights and
the International Covenant on Economic, Social and Cultural Rights.

Responding, in exercise of the right of reply, Israel’s representative
said that if Palestine wanted self-determination it must disengage
from Hamas. It must also return to negotiations with his country.

Only direct negotiations would help to resolve the situation, he said.

Neither speeches at the United Nations nor “the war initiated by
Hamas in the summer” would help in that regard.

Also delivering statements were representatives of Armenia, Georgia,
Eritrea, Turkey, Colombia and Argentina, as well as the International
Organization for Migration.

Exercising the right of reply were representatives of Azerbaijan,
Israel and Armenia, as well as the State of Palestine.

The Third Committee will reconvene at 10 a.m. on Wednesday, 5 November,
when it is expected to hear a briefing by the High Commissioner
for Refugees.

Background

The Third Committee met this morning to continue its consideration
of the elimination of racism, racial discrimination, xenophobia
and related intolerance, as well as the right of peoples to
self-determination. For background, see Press Release GA/SHC/4115 of
3 November.

Statements

SAHAK SARGSYAN (Armenia) said his country considered the exercise of
the right to self-determination as a major component of the promotion,
protection and respect for human rights in all parts of the world.

According to both United Nations international covenants on the
matter, he noted, the right to self-determination included the right
to determining political status. Accordingly, the principle of the
right to self-determination was a binding and universally recognized
fundamental norm of international law. One could not blame the people
of Nagorno-Karabakh in the success of their self-defence, as the
opposite would have been the total annihilation and obliteration of
a whole population. The peaceful settlement of the Nogorno-Karabakh
conflict through negotiations in an agreed format and based on the
principles of international law, including the right of peoples to
self-determination, was an imperative, supported by the international
community. In conclusion, he reiterated his country’s appreciation
of the major role and mandate of the United Nations to guarantee
the unconditional enjoyment of the right to self-determination to be
safeguarded to all nations and people on a permanent basis.

JEFFREY SALIM WAHEED (Maldives) said that over the last few decades,
the international community had seen steady progress in decolonization,
with many Pacific island countries gaining their independence in the
1990s. Yet foreign occupation remained a reality in some parts of the
world. “It was no coincidence that those who were denied political
status tended to be the poorest and most repressed in the countries
where they lived,” he added. Where occupied people called for help,
the international community had a duty to act. The Palestinian
people had made that call again and again but self-determination
continued to elude them. The Maldives was deeply concerned about the
worsening human rights situation abuses in Palestine and stressed
that a two-State solution was the only viable solution for that
multi-decade-long conflict.

FORDUZANDEH VADIATI (Iran) addressed the report of
the Secretary-General on the realization of the right to
self-determination, sharing the concern of the Special Rapporteur on
the situation of human rights in the Occupied Palestinian Territory
and Israeli settlements in the West Bank and East Jerusalem. Thorough
prolonged occupation, with practices and policies that appeared to
constitute apartheid and segregation, ongoing settlement expansion
and continual construction of the separation wall made evident the
denial of the right to self-determination of the Palestinian people,
she added. The only solution to the Palestinian issue, she said, would
be the restoration of their sovereign right to self-determination,
as well as putting an immediate end to the occupation of their land.

NADYA RIFAAT RASHEED, Permanent Observer Mission of the State of
Palestine, said the right of self-determination of peoples underpinned
all other human rights, as it was recognized by the Article 1 in both
international covenants on human rights and customary international
law. For nearly five decades, she continued, not only had the
Palestinian people been deprived of their rights to self-determination
and sovereignty over their land but they had also repeatedly been
subjected to a myriad of violations of their fundamental human rights
and freedoms. In complete disregard of international law and repeated
calls by the international community, Israel had continued with its
illegal settlement campaign and de facto annexation of Palestinian
land. In addition to the illegality of Israeli settlements and the
human rights violations that stemmed from them, the human rights
of the Palestinian people continued to be violated by the more
than 520,000 illegal settlers, many armed and fanatical, who had
been illegally transferred to the Occupied Palestinian Territory,
including East Jerusalem. Further, she drew attention to the report of
Special Rapporteur Richard Falk, who had asked why Israel supported
the expansion of illegal settlements in the West Bank, thus moving
an increasing number of Israeli citizens in the area.

TAMTA KUPRADZE (Georgia), aligning her delegation with the statement
delivered on behalf of the European Union, said that her Government had
taken significant measures to address discrimination, including the Law
of Georgia on Elimination of All Forms of Discrimination, adopted on 2
May, 2014. The country continued to face major challenges in meeting
its human rights commitments inside the occupied regions of Georgia,
as the regions of Abkhazia and Tskhinvali remained under foreign
military occupation. Kidnappings, physical abuse and other crimes
against ethnic Georgians were an unfortunate reality for the local
population. It was crucial that the situation in the occupied regions
was brought within the reach of international human rights mechanisms.

ELSA HAILE (Eritrea) said that non-discrimination formed the core
principle of all international instruments for the protection of human
rights. It was deplorable that millions of individuals continued to
be targeted on the basis of their race, religion or gender. Noting
with concern the rising xenophobic and racially motivated violence
against migrants in Europe and North America, she called on States
to take adequate measures to protect migrants. It was also crucial
to redress the historical imbalances created by racism, including
slavery. All States must make the efforts necessary to adopt the
International Decade of People of African Descent.

YIÄþIT CANAY (Turkey) said that the definition of racial discrimination
in the International Convention on the Elimination of All Forms of
Racial Discrimination was directly applicable in his country, where a
series of legal reforms, including the adoption of a new penal code,
had brought domestic laws in line with global standards. Noting
with concern that crimes motivated by racism persisted within the
European Union, he said that one example of blatant xenophobia was
an insulting caricature of the President of Turkey and the Turkish
immigrant community, which was reprinted in a school text book
in a European Union member State under the pretext of “integration
problems”. Countries hosting immigrant communities must be particularly
vigilant about protecting the rights of those vulnerable groups. Local,
regional and national authorities must display the sensitivity to
stand up against stereotyping and discrimination.

MARA PAULINA DVILA DVILA (Colombia) said it was important to call upon
the international community to ensure that every person had access
to education and justice. As Member States could notice in the United
Nations reports, she emphasized, despite actions and measures adopted,
people of African descent faced challenges in all parts of the world,
including lack of access to quality education, health services
and social security. Noting the diverse population of Colombia,
she said her Government was committed to eliminating all forms of
racism, racial discrimination, xenophobia and related intolerance,
guaranteeing that all citizens lived under the principle of equality.

One significant achievement was the implementation of an
anti-discrimination law in her country.

MARA LUZ MEL”N (Argentina) said only 10 years ago, the Government had
adopted a national plan that had gone beyond the Durban Declaration
and Programme of Action. Argentina was convinced that sports could
play an instrumental role in the social development. With respect
to discrimination in sports, as discussed by the Third Committee
yesterday, her Government was directly cooperating with football clubs
to promote good practices campaigns and measures to combat racism,
racial discrimination, xenophobia and related intolerance. It was
also important that national policies were in line with international
expectations. Accordingly, Argentina had been training teachers and
publishing educational materials to teach diversity and tolerance.

Ms. RASHEED, Permanent Observer Mission of the State of Palestine,
said as the Committee discussed the important issue of the elimination
of racism, racial discrimination, xenophobia and related intolerance,
the Palestinian people living in the Occupied Palestinian Territory
continued to suffer from an increased level of all forms of such
practices. Since 1967, she underlined, the occupying Power had
institutionalized racism and discrimination in its most barbaric forms,
which was a prolonged foreign military occupation with elements of
colonialism and apartheid. The rise in anti-Arab racism in Israel
was fuelled by the direct incitement and declarations by Israeli
Government officials against the Palestinian people.

While the Palestinian citizens of Israel constituted one-fifth of
the Israeli population, they continued to be targeted by a barrage
of racist laws making them second- and third-class citizens in their
own land. Concluding, she said the State of Palestine truly hoped
that the epidemic violence among the settler population and among
some in Israeli society would be brought to an end, and called upon
the international community to take the necessary steps to bring an
end to all Israeli violations.

MICHELE KLEIN SOLOMON, Permanent Observer of the International
Organization for Migration (IOM) said that one in every seven people
on the planet today had migrated either across or within borders in
pursuit of a better life for themselves and their families.

Paradoxically, there was widespread anti-migrant sentiment in many
parts of the world. Even countries that had in the past taken pride
in being called a “nation of migrants” no longer wished to welcome
those arriving at their borders today. The overwhelmingly positive
contribution that migrants made to societies and economies was being
overshadowed while international and domestic debates on migration
were turning feverish and highly politicized. Migrants had become
convenient scapegoats for problems, such as unemployment and security
issues, which were rooted in more complex development processes.

Governments, media, the private sector and civil society, she
added, had important roles to play in addressing misperceptions
about migration. Her organization was pleased to see Member States
reaffirm that principle during the 2013 United Nations General Assembly
High-level Dialogue on International Migration and Development. For
its part, IOM had supported the call for intercultural dialogue and
a stronger political will to reverse trends of xenophobia and violence.

In the autumn of 2013, it had also launched Migrants Contribute,
a global campaign intended to highlight the diverse contributions
that migrants made to their societies.

Right of Reply

Exercising the right of reply, a representative of Azerbaijan said
that the statement made by the representative of Armenia was full of
distortions and was intended to mislead the international community.

Documentary evidence proved that Armenia had attacked Azerbaijan and
had carried out ethnic cleansing on a massive scale. Security Council
resolutions of 1992 had condemned the use of force against Azerbaijan
and called for an unconditional withdrawal of occupying forces. What
Armenia called the exercise of the right to self-determination by
the ethnic Armenian groups living within Azerbaijan was an illegal
use of force that Armenia was seeking to legitimize.

Also speaking in exercise of the right of reply, a representative of
Israel said that if the Palestinian side wanted self-determination,
they must disengage from Hamas and return to negotiations with Israel.

Only direct negotiations would help to resolve the situation. Speeches
here or “the war initiated by Hamas in the summer” would not help.

Responding, a representative of Armenia, exercising the right of
reply, said that he regretted that the delegation of Azerbaijan
had continued to distort the struggle for self-determination by the
people of Nagorno-Karabakh. He said that Azerbaijan’s delegation had
spoken under the agenda item of self-determination while suppressing
the rights of those people. More than two decades ago, Azerbaijan
had unleashed a full-scale war against Nagorno-Karabakh but its
claims to so-called territorial integrity were politically, legally,
historically and morally deficient. While alleging that Armenia
was not implementing resolutions, Azerbaijan was the one violating
resolutions and misinterpreting a 1993 resolution that had asked for
immediate ceasefire. Armenia had continued to use its good offices
to find a peaceful solution to the conflict.

Exercising the right of reply, a representative of Permanent Observer
Mission of the State of Palestine said that the comments made by
Israel’s delegate were predictable and false. Many of Israel’s
violations amounted to war crimes. She said that her statement
delivered earlier this morning had conveyed the stark reality of
life under occupation. Could the delegate of Israel actually deny
the human rights violations that had been carried out by Israel in
the State of Palestine?, she said, asking, “can you say with a clear
conscience that Israel did not carry out unlawful policies against the
Palestinian people?”Regarding the peace process, she added that the
entire world had borne witness to a peace process that had gone on for
20 years and had only resulted in the entrenchment of the occupation
and countless wars and destruction. Israel must stop using the peace
process as a cover for continuing its oppressive policies, she said.

Taking the floor for a second time, the representative of Azerbaijan
said that there was no doubt that the Armenian ethnic minority group
did not fall into any of the categories that were considered eligible
for self-determination under international law. How many times could
one nation exercise its right to self-determination? she asked.

Armenia had already exercised it and there was a sovereign state called
Armenia. High-ranking Armenian officials regularly made statements
that promoted hatred and were “tantamount to war-mongering,” she said.

Also speaking for a second time, the representative of Armenia said
that it was impossible to remain silent when the representative
of Azerbaijan continued to engage in distortion. The people of
Nagorno-Karabakh had exercised their right to self-determination, in
accordance with international laws. Civil society in that territory
continued to participate in political processes. Armenia attached
great importance to the rule of law, justice and human rights and
called on the leadership of Azerbaijan to stop its war-mongering and
to prepare its people for peace, not war.

For information media. Not an official record.

From: A. Papazian