56 Amendments of Andrey KOVATCHEV related to 2021/2230(INI)
Amendment 3 #
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the ECtHR judgement of 26 May 2020, final as of 12 October 2020 on the case of Makuchyan and Minasyan v. Azerbaijan and Hungary,
Amendment 4 #
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the European Convention on Human Rights (‘ECHR’),
Amendment 6 #
Motion for a resolution
Citation 8
Citation 8
— having regard to the reports of the European Commission against Racism and Intolerance (ECRI) of the Council of Europe, notably the 2016 country monitoring report on Armenia1a and its adopted 2019 conclusions on the adoption of the recommendations,1b _________________ 1a https://rm.coe.int/fourth-report-on- armenia/16808b5539 1b https://rm.coe.int/conclusions-5th- cycle-on-armenia/1680972faa
Amendment 8 #
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
Amendment 9 #
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
— having regard to the report of the Commissioner for Human Rights of the Council of Europe following her visit to Armenia from 16 to 20 September 2018,1a _________________ 1a https://rm.coe.int/report-on-the-visit-to- armenia-from-16-to-20-september-2018- by-dunja-m/168091f9d5
Amendment 10 #
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
— having regard to its previous resolutions on Armenia and Azerbaijan, including the 13 September 2012 resolution on Azerbaijan: the case of Ramil Safarov,
Amendment 12 #
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
— having regard to its resolution of 15 April 2015 on the centenary of the Armenian Genocide,
Amendment 19 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas it is estimated that there are still around 4,500 Azerbaijani and Armenian missing persons and hundreds of thousands of internally displaced people from the first Nagorno-Karabakh conflict in the 1990s;
Amendment 21 #
Motion for a resolution
Recital B
Recital B
B. whereas periodical deadly military confrontations between Azerbaijan and Armenia continue; whereas the 9 November 2020 ceasefire agreement, introduced after the 44-day war triggerstarted by Azerbaijan in 2020, has been violated several times resulting in more casualties; whereas in his several statements, including in the most recent speech delivered at «an event organized on the occasion of Victory Day» on November 8 2022, President Aliyev admitted that Azerbaijan had started the war in 2020, stated that ''on the whole, the international attitude towards the 44-day war was positive” and once again threatened to use force against Armenia;
Amendment 25 #
Motion for a resolution
Recital B
Recital B
B. whereas periodical deadly military confrontations between Azerbaijan and Armenia continue; whereas the 9 November 2020 ceasefire agrestatement, introduced after the 44-day war triggered by Azerbaijan in 2020, has been violated several times resulting in more casualties;
Amendment 28 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas according to the 9 November 2020 ceasefire statement the parties have committed to remain in their positions of that day, exchange prisoners of war and other detainees, and unblock all economic and transport connections in the region;
Amendment 32 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas Russian peacekeeping forces were deployed along the contact line in Nagorno-Karabakh and along the Lachin Corridor following the 2020 war for a 5-year period but have failed to act on several occasions to stop the break-out of hostilities;
Amendment 34 #
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas in September 2022 Azerbaijan attacked three provinces of Armenia: Gegharkunik, Syunik, and Vayots Dzor; whereas Armenian authorities estimate that the shelling on civilian objects and infrastructure impacted 36 communities and settlements, 192 houses, two schools, one medical center, three guesthouses as well as power supply lines and pipelines; whereas this constitutes a clear violation of the territorial integrity of Armenia and norms of international law prohibiting the targeting of civilian infrastructure;
Amendment 37 #
Motion for a resolution
Recital B d (new)
Recital B d (new)
Bd. whereas the European Court of Human Rights (ECtHR) decided on 16 September 2022 that its 29 September 2020 interim measure calling on parties to comply with their engagements under the Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe, including with respect to the prisoners of war is still in force and spreads its legal force on the events at issue;
Amendment 38 #
Motion for a resolution
Recital B e (new)
Recital B e (new)
Be. whereas there are credible reports about Armenian POWs and other detainees being subjected to extrajudicial killings, enforced disappearances and desecration of the dead, including video footage; whereas the International Court of Justice (ICJ) on 7 December 2021 ordered and on 12 October 2022 reaffirmed the obligation of Azerbaijan “to protect from violence and bodily harm all persons captured in relation to the 2020 conflict who remain in detention, and ensure their security and equality before the law”; whereas videos depicting alleged war crimes against Azerbaijanis during the 2020 war have also appeared;
Amendment 40 #
Motion for a resolution
Recital C
Recital C
C. whereas the EU is committed to promoting a South Caucasus region that is secure, stable, peaceful and prosperous for the benefit of all people living in the region and is ready to play an active role as an honest broker and a reliable partner;
Amendment 42 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Amendment 46 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas Armenia and Azerbaijan made proposals on the conditions for a peace treaty governing their inter-state relations; whereas the countries’ political leaders recently agreed to step up substantive work to advance on the draft text;
Amendment 51 #
Motion for a resolution
Recital D
Recital D
D. whereas a sustainable normalisation of relations between Armenia and Azerbaijan requires that all violence cease and, that all the root causes of conflict be addressed and that all agreements reached between them are fully implemented;
Amendment 58 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the defence of human rights and fundamental freedoms, including through the respect of the United Nations Charter, the Universal Declaration of Human Rights and the European Convention of Human Rights, is a crucial tenet of the Comprehensive and Enhanced Partnership Agreement between the EU and Armenia ('CEPA');
Amendment 59 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas Armenia scored a 14- point improvement over the past five years in Transparency International Corruption Perception Index 2021;
Amendment 60 #
Motion for a resolution
Recital E b (new)
Recital E b (new)
Amendment 62 #
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas Armenia has the leading position in its neighbourhood in the 2021 Democracy Index by the Economist Intelligence Unit and the World Press Freedom Index 2022;
Amendment 64 #
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas Armenia has improved its positions in the World Bank’s “Women, Business and Law 2022” report, the Global Startup Ecosystem Index Report 2022, and the World Economic Forum Travel and Tourism Competitiveness Report 2021;
Amendment 65 #
Motion for a resolution
Recital E d (new)
Recital E d (new)
Ed. whereas PACE adopted in 2022 a resolution on violations of the rights of LGBTI persons in the Southern Caucasus and made several calls to authorities to reform legislation in order to address them; whereas the recommendations reflect the 2016 ECRI findings; whereas already in 2019 ECRI had concluded that its recommendations had not been addressed sufficiently, including that none of the relevant provisions of the new Criminal Code had been adopted; whereas the lack of response of the government to international bodies’ recommendations is alarming;
Amendment 66 #
Motion for a resolution
Recital E d (new)
Recital E d (new)
Ed. whereas Armenia's ranking in the Eastern Partnership Civil Society Forum 2020-2021 Index improved and it attained the top position in terms of Democracy and Good Governance; whereas Armenia received positive assessment in Freedom House's Nations in Transit 2022 report;
Amendment 67 #
Motion for a resolution
Recital E e (new)
Recital E e (new)
Ee. whereas the European Court of Human Rights recognized in its judgement on Cases 1367/12 and 72961/12 (Ogazenova v Armenia) that criminal law measures are required with respect to hate speech, notably on grounds of sexual orientation and sexual life; whereas domestic law currently prohibits hate speech, yet sexual orientation and gender identity continue not to be included in the characteristics of victims of the offence despite the recommendations of the relevant international bodies in that respect;1a _________________ 1a ECtHR, Cases 1367/12 and 72961/12 (Ogazenova v Armenia), ¶121-122
Amendment 80 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the armed Nagorno- Karabakh conflict, which over the years has caused immense suffering and destruction, has significantly hampered the socio-economic development and stability of the whole South Caucasus region; is convinced that a durable and sustainable peace between Armenia and Azerbaijan cannot be achieved through military means but requires a comprehensive political settlement in accordance with international law, including the principles enshrined in the UN Charter, the 1975 OSCE Helsinki Final Act and, the OSCE Minsk Group’s 2009 Basic Principles (Non-Use of Force, Territorial Integrity, and the Equal Rights and Self-Determination of Peoples) and all the agreements reached between the two parties, including the Alma Ata 1991 Declaration;
Amendment 106 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on Armenia and Azerbaijan to set up a transitional justice mechanism as a confidence-building step to acknowledge the suffering on both sides and work towards reconciliation based on a factual assessment of events during the armed conflict, which started in 1988; proposes the inclusion of members of academia, independent journalists and civil society activists from both sides in this body; recommends that the EU support and help facilitate this work in conjunction with other bodies such as the UN, the Council of Europe and other relevant international organisations;
Amendment 113 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that the EU’s perceived passive stance during and immediately after the 2020 war gave other regional actors, such as Russia and Turkey, the opportunity to gain influence; strongly supports, therefore, the initiative taken by the President of the European Council Charles Michel to convene and mediate bilateral meetings of the leaders of Armenia and Azerbaijan in Brussels and encourages the work on the ground of the EU’s special representative for the South Caucasus and the crisis in Georgia; highlights the importance of continued close engagement by the EU and the EU- led mediation format in order to prevent further attacks and bring a peaceful resolution to the conflict; urges the governments of both countries to fully engage in the drafting of a peace treaty and welcomes in this regard the meetings of the foreign affairs ministers of both countries;
Amendment 121 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes note of the initial discussions on the process of border delimitation; welcomes the agreement to deploy a civilian EU mission to build trust and contribute to the border commissionmeeting of delimitation commissions on 3November 2022 in Brussels; calls on both sides to finalise the border delimitation process and sign a peace treaty as soon as possible, as well as to work together to complete the process of demining; welcomes the agreement to deploy a civilian EU mission along the Armenian side of the border with Azerbaijan to build trust and contribute to the border commissions; calls to consider extending the mandate of the EU monitoring capacity and increasing significantly the number of monitors so that it can effectively perform its monitoring, confidence-building, and stabilisation functions along the border between the two countries;
Amendment 133 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Reiterates the need to establish a peaceful means of connectivity between the territory of Azerbaijan and the exclave of Nakhchivan, which does not infringe on the territorial integrity of Armenia; insists that the modalities of goods transport on this route need to be agreed bilaterally between Armenia and Azerbaijan;
Amendment 140 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Suggests the establishment of a temporary international guarantee for the safety and security of the Armenian population and all returnees in Nagorno- Karabakh;
Amendment 145 #
7. Continues to be seriously concerned about the fate of Armenian prisoners of war, both military and civilian, detained during and after the conflict and still illegally held by Azerbaijan and; welcomes the release of some of them; demandscondemns the sentencing and continued detention of the confirmed 33 POWs and civilian captives; underlines that their captivity is contrary to all the calls of the international community, including the European Parliament, to release all the remaining POWs and civilian captives; demands once again the immediate and unconditional release of all the remaining detainees, including those captured during the recent military confrontations, and that they be treated in accordance with international humanitarian law;
Amendment 153 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Condemns in the footage that has appeared depictingstrongest possible terms the torture, mutilation and killing of an Armenian servicewomaen and eight unarmed Armenian prisoners of war by Azerbaijani armed forces; calls for a full and impartial investigation of the videos to identify those responsible and hold them accountable for their actions; deplores the fact the perpetrators filmed these heinous acts and posted them on social media themselves; takes note of reports by human rights groups, particularly a Human Rights Watch report classifying this act as a war crime; calls for a full and impartial investigation of the videos to identify those responsible and hold them accountable for their actions; demands that Azerbaijani authorities ensure that the investigation opened on October 2 by their prosecutor’s office is transparent and effective and leads to accountability for the soldiers and commanders responsible; notes in this context that so far no information is available to this end; at the same time calls on Armenian investigative authorities to continue the investigation and discover and hold accountable the perpetrators of the alleged 2020 footage of Azerbaijani soldiers being subject to war crimes;
Amendment 167 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Strongly insists that Azerbaijan and Armenia refrain from destroying or altering the origins of cultural, religious or historical heritage; calls for the restoration of damaged sites in accordance with UNESCO standards and indications; deplores the fact that two years since the signing of the ceasefire statement of 9 November 2020 the UNESCO mission has not been able to visit the affected areas; calls on Armenia and Azerbaijan to fully cooperate with UNESCO to quickly allow a UNESCOits mission to visit both countries without preconditions;
Amendment 180 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Supports the normalisation of relations between Armenia and Turkey and welcomes the progress achieved so far; calls for the speedy implementation of agreements reached by the special representatives; calls on both sides to engage in the process in good faith and without preconditions; recalls that the previous attempt of normalisation of relations between Armenia and Turkey through the signing of 2009 protocols failed because of Turkey's unilateral support for Azerbaijan and conditioning the opening of border and establishment of diplomatic relations with Armenia on the Nagorno-Karabakh conflict; deplores the signals coming from the Turkish authorities that the current process is closely coordinated with Azerbaijan and emphasizes its calls on Turkey not to repeat the mistake of the past and to take concrete steps in the ongoing process with Armenia;
Amendment 184 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on Armenia to prevent any circumvention of the sanctions imposed on Russia through its territory;
Amendment 193 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the full entry into force of CEPA on 1 March 2021 and Armenia’s commitment to its implementation; welcomes the fact that the government recognises CEPA as a strategic blueprint for key reforms in Armeniaunderlines that the agreement is a framework for the EU and Armenia to work together in a wide range of areas, such as strengthening democracy, the rule of law and human rights, contributing to economic growth and fostering sectoral cooperation; welcomes the fact that the government recognises CEPA as a strategic blueprint for key reforms in Armenia; acknowledges the fact that Armenia has been recognised as a fully-fledged democracy in the 2022 Partnership Implementation Report on Armenia by the European Commission and the High Representative;
Amendment 197 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Welcomes the progress Armenia has made on the implementation of the CEPA Roadmap; notes that as of September 2022, all the measures within 2019, 2020, 2021 and 2022 deadlines for the CEPA Roadmap have been implemented, either fully or partially;
Amendment 202 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the early parliamentary elections of 2021 which confirmed the strength of democracy in Armenia and the support of its people for the reform agenda; encourages the government to continue implementing reforms, despite the difficult international context and the challenges Armenia is facing; reiterates that the EU is the largest donor supporting Armenia’s reform process and that it follows an incentive-based approach of “more for more” and “less for less” in its assistance;
Amendment 207 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Welcomes the progress made by Armenia in justice, anti-corruption, and police reforms and comprehensive constitutional reforms; welcomes the ongoing implementation of Armenia’s national strategy for judicial and legal reforms and its national anti-corruption strategy;
Amendment 210 #
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Notes the ambitious police reforms undertaken by the Government of Armenia with the extensive support of the European Union, which aim to create a safer environment and increased trust of the relations between the public and police, and in particular the establishment of Armenia’s new Patrol service and the planned establishment of a Ministry of Interior;
Amendment 211 #
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
Amendment 219 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. UHighlights that Article 1 of CEPA includes as an objective to enhance cooperation in the area of freedom, security and justice with the aim of reinforcing the rule of law and respect for human rights and fundamental freedoms; underlines the importance of media freedom, anti-discrimination, freedom of expression and freedom of assembly for preserving a vibrant democracy; is concerned by the pervasive presence of discrimination, disinformation and harsh rhetoric; , as well as hate speech towards certain social groups; urges authorities to categorically uphold all human rights enshrined in the ECHR, notably when they concern vulnerable groups such as women, children, persons with disabilities and LGBTIQ persons1a; _________________ 1a Referring to Commissioner’s for Human Rights country reporting on Armenia: https://www.coe.int/en/web/commissioner/ -/report-on-armenia-recommends- measures-to-improve-women-s-rights- protection-of-disadvantaged-or- vulnerable-groups-and-establishing- accountability-for-p
Amendment 222 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines the importance of media freedom, freedom of expression and freedom of assembly for preserving a vibrant democracy; is concerned by the presence of disinformation and harsh rhetoric; stresses that while media environment in the country is diverse, it is also characterised by polarisation and influence of media owners on editorial policies; is concerned by cases of hate speech and physical violence targeting journalists;
Amendment 226 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Recalls that the fight against discrimination is a cornerstone of democratic systems; considers that the democratic transition in Armenia is an opportunity to strengthen the human rights system; recalls that the Commissioner for Human Rights of the Council of Europe encouraged the government to take a prompt stance and adopt several legal reforms1a; considers that the authorities have all recommendations at their disposal to make progress on human rights and calls for their implementation; _________________ 1a https://rm.coe.int/report-on-the-visit-to- armenia-from-16-to-20-september-2018- by-dunja-m/168091f9d5, ¶106-107
Amendment 228 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses the need to improve the situation regarding gender equality and combating violence against women and domestic violence; highlights the particularly vulnerable situation of the women displaced from the conflict- affected areas; underlines the need to safeguard LGBTIQ rights; regrets the fact that political participation of women remains low despite the introduction of a gender quota for the candidate lists;
Amendment 232 #
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Considers that LGBTIQ persons are in dire need of protection; calls for the adoption of anti-discrimination legislation adding sexual orientation, gender identity and expression and sex characteristics as prohibited grounds, alongside the adoption of civil, administrative and/or criminal proceedings to protect people from hate speech and hate crimes; calls on authorities to reform criminal legislation by adding the previous grounds as aggravating circumstances; urges Armenia to stop considering homosexuality as a mental illness1a; _________________ 1ahttps://pace.coe.int/en/files/29711/html ¶10-11
Amendment 247 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the signing of the Common Aviation Area Agreement on 15 November 2021 and calls on EU Member States to ensure its swift ratification;
Amendment 248 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Welcomes the signing of the Agreement of strategic cooperation with Europol in September 2021 and the substantial progress made in the negotiations for signing an agreement with Eurojust;
Amendment 250 #
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Welcomes Armenia's joining the European Migration Network as an observer in October 2022;
Amendment 251 #
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20c. Welcomes Armenia’s association to Horizon Europe, the EU’s research and innovation programme for 2021-2027, enabling Armenian researchers, innovators and research entities to strengthen partnerships with their counterparts in the EU, and Armenia’s successful cooperation on Erasmus+ Programme;
Amendment 252 #
Motion for a resolution
Paragraph 20 d (new)
Paragraph 20 d (new)
20d. Welcomes Armenia’s joining to the Creative Europe programme 2021- 2027 which will strengthen Armenia's cultural and creative sectors and will boost their efforts to become more inclusive, digital, and sustainable;
Amendment 253 #
Motion for a resolution
Paragraph 20 e (new)
Paragraph 20 e (new)
20e. Calls on the EU and Member States to acknowledge the progress made by Armenia during the recent years in the implementation of the Agreements on Visa Facilitation and Readmission, and to open a visa liberalisation dialogue with Armenia to support people-to-people contacts, closer bilateral ties and reform progress;
Amendment 255 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Reiterates its concerns regarding the ongoing operation of the Metsamor nuclear power plant; calls for the swift adoption of a road map or action plan for the closure and safe decommissioning of the plant, taking into consideration the need for its replacement with new capacity, including renewable energy sources, to ensure Armenia’s energy security and conditions for sustainable development, in line with CEPA provisions; encourages Armenia to make full use of the support of the International Atomic Energy Agency (IAEA) for ensuring that the country's nuclear programme is safe and secure;