O n November 11, 2020, the Republic of Armenia addressed the issue of discrimination against its people to the Republic of Azerbaijan calling for an immediate end to hate speech and bigotry. The letter sent to Azerbaijan notes that the actions and policies adopted during the last decades are in gross violation of the 1995 “International Convention on the Elimination of All Forms of Racial Discrimination.”

Violations of this Convention include but are not limited to:

1. dissemination of anti-Armenian sentiment; 
2. failure to take effective measures to eliminate anti-Armenian propaganda; 
3. permitting public authorities or public institutions to promote or incite racial discrimination with respect to Armenians; 
4. discrimination and deprivation of the individual rights of ethnic Armenians, such as the right to security of person, the right to property, and the rights to access and enjoy cultural heritage; 
5. failure to provide ethnic Armenians with effective protection and remedies through competent national tribunals and other State institutions; 
6. and engaging in the practice of ethnic cleansing against Armenians.

The Republic of Armenia invited Azerbaijan to address this issue within the convention noting, “Should the Government of Azerbaijan reject Armenia’s invitation or fail to respond within the fixed timeframe, Armenia reserves its right to seek to settle this legal dispute in accordance with the procedure set forth in the convention”.

Racial discrimination is a concept based on antagonising a person or a group of people according to skin color or ethnicity. Negative attitude towards a person or a group people based on the religious affiliation can also be defined as a racial discrimination. The International Convention on the Elimination of All Forms of Racial Discrimination is the main legal document, prohibiting discrimination. Racial discrimination is defined by any differentiation, exclusion, restriction or preference based on race, skin color, racial, national or ethnic origin, which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life. 

Racial discrimination is mainly typical of multi-ethnic, multi-religious societies. Since today there are almost no ethnically-religiously homogeneous societies, the threat of discrimination exists around the world. Racial discrimination has many forms including ethnic cleansing, persecution, physical and cultural genocide, violation of a person’s right to education, health, housing, employment and access to public services. The ways to fight against this phenomenon also vary from legal to political.

The basic principle of non-discrimination in domestic law is the equality of all citizens, regardless of race, nationality or religion. There are two main legal bodies for combating racial discrimination in the international arena: the International Criminal Court at The Hague, which deals with war crimes and crimes against humanity, and the European Court of Human Rights. Besides the legal platform, the fight against racial discrimination is carried out through international social movements, raising public awareness and other means.

The fight against discrimination on a political platform is implemented within the framework of bilateral and multilateral relations and international organizations. After the cessation of hostilities in Artsakh, the primary issue related to the discriminatory policy towards the Armenians and the struggle against it is the preservation of the Armenian historical and cultural heritage in the territories under the control of Azerbaijan. Some of the movable cultural relics such as khachkars, icons, church ritual objects were taken off so as to save them. However, real monuments cannot be moved.

As shown by the destruction of the Jugha khachkars, the shelling of the Holy Savior Ghazanchetsots Cathedral in Shushi during the war, and then the desecration of the church the Armenian cultural and religious monuments under the control of Azerbaijan are endangered.

Aiming to protect these cultural relics the above-mentioned official letter by Armenia to Azerbaijan should be viewed within the context of the convention. On November 14, during the telephone conversation with Azerbaijani President Il. Aliyev, President of Russia Vl. Putin, in particular, drew attention to the trilateral agreement. Christian churches and monasteries are located in the regions that are returned to Azerbaijan. In this regard, Russian President emphasized the importance of ensuring the preservation and normal church life of these shrines. According to the official report by the Kremlin, Azerbaijani President showed understanding of this matter and said that the Azerbaijani side will act in this vein.

On November 16, during the telephone conversation about the situation in Artsakh, Russian President Vl. Putin and French President E. Macron, emphasized the importance of preserving Christian churches and monasteries.

During the November 15 telephone conversation, Minister of Foreign Affairs of the Republic of Armenia Z. Mnatsakanyan and Minister of Foreign Affairs of the Russian Federation S. Lavrov stressed the importance of establishing cooperation with the Office of the UN High Commissioner for Refugees, UNESCO, the UN Development Program, the International Committee of the Red Cross and other multilateral organizations to alleviate the situation of civilians in the conflict zone and preserve religious and cultural sites. The telephone conversation between Azerbaijani Foreign Minister J. Bayramov and Russian Foreign Minister S. Lavrov also stated the same issue.

Steps taken by the Armenian side already have yielded certain results. In particular, Dadivank, one of the ancient monuments in Shahumyan (Karvachar) region, is now under the control of Russian peacekeepers, which allows us to continue religious ceremonies there.

No matter how Armenia presses the issue to international organizations, Azerbaijani anti-Armenian policy does not give Armenian’s much optimism in the preservation of Armenian historical-cultural heritage under its control. However, the fight should continue, keeping the issue in the limelight.