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Environmental Component of Peace Agreement Between Armenia and Azerbaijan
Environmental Component of Peace Agreement Between Armenia and Azerbaijan
Introduction
When joining international conventions, states obtain obligations that they must implement
for the well-being of their citizens, the environment, and their positive reputation. While
implementation of some conventions is limited within the borders of the state, other
conventions, especially those related to environmental protection and climate change, go
beyond borders—envisaging cross-border cooperation to overcome the transboundary
effects of pollution or other negative outcomes of human activities. However, such
cooperation can be particularly challenging if neighbouring countries have conflicts due to
disputed territories or other circumstances. Any instance of environmental degradation, i.e.
pollution of transboundary rivers or the transmission of pests, can trigger further escalation
of the conflict. Thus, environmental conventions can also function as a mediation tool for
states seriously motivated to overcome the conflict and establish grounds for initiating
cooperation. The overview below was drafted for this reason, to illustrate the common
ground provided by reverence for environmental protection, which can establish points of
cooperation for two conflicting countries—Armenia and Azerbaijan. This overview presents
the environmental components of a potential peace agreement compiled from international
conventions and agreements. This could be a step towards improving the environmental
protection, and therefore well-being, of communities in both countries, as well as a starting
point for work towards lasting peace. This overview enlists several international legal tools
that could help to build cooperation, even in cases when only one of the countries has joined
the convention, opening the floor for the other to join as well. Yet this overview doesn’t fail to
notice that both countries also have serious problems implementing their obligations within
these conventions. Therefore, the main argument of this overview is that a peace agreement
with an environmental component would both contribute to peace as well as benefit the
people and the region’s environment.
Methodology
1
International Environmental Obligations of Armenia and Azerbaijan
The nature of environmental obligations dictates not only that Armenia and Azerbaijan have
duties regarding their respective environments and peoples but also that inter-state
cooperation is necessary to ensure the implementation of these duties, considering the
boundaryless character of nature and human-made environmental problems. Following this,
we have outlined environmental laws divided into two categories: those that both countries
have signed, and therefore have created grounds for further cooperation in environmental
matters, and second, those signed by only one of the countries. Yet dual signatures are
necessary for comprehensive nature protection and to ensure that cross-border
environmental deterioration does not become an (additional) pretext for disputes.
Armenia and Azerbaijan have also joined the Convention on Transboundary Effect of
Industrial Accidents (in force since 1997 in Armenia and 2004 in Azerbaijan), the aim of
which is to help its members to cooperate and prevent industrial accidents that can have
transboundary effects and prepare for such accidents in case they should occur. This
Convention also encourages cooperation and joint research as well as information exchange.
The EU Water Framework Directive (WFD) has been the main law for water
protection in Europe. It applies to inland, transitional, coastal surface waters, and
groundwaters. It ensures an integrated approach to water management, respecting the
integrity of whole ecosystems, including regulating individual pollutants and setting
corresponding regulatory standards. It is based on a river basin district approach to make
sure that neighbouring countries cooperate to manage the rivers and other bodies of water
they share (European Commission, n.d.). This directive’s application in Eastern Europe,
South Caucasus, and Central Asia aims to improve the institutional and regulatory
framework to approximate the WFD and related legislation, manage water in a way that
contributes to water, food, and energy security and economic development, ensure the poor’s
access to essential water services as a basic human right, safeguard public health, and
contribute to peace by developing inter-state cooperative structures for water management
(OECD, n.d.).
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All these legal documents, signed by both Armenia and Azerbaijan, denote commitment to
protecting the environment and human rights, the breach of which should be followed by
measures such as warnings, sanctions, etc. on behalf of the international actors. Previous
analysis of legal documents signed by both Armenia and Azerbaijan has been conducted by
Veliyev, Manukyan, and Gvasalia (2019). Their analysis mainly focused on issues of
transboundary water management in the Kura-Araks basin, and shows how internal
mismanagement, politization of water management issues, and failure to commit to signed
agreements brings about regional ecological issues.
Other legal documents not covered in the above analysis, yet related to environmental
protection and thus the opportunity for regional cooperation, are presented below:
In force since 1997 in Armenia and 2002 in Azerbaijan, this Convention is intended to
protect the environment through preventing and reducing air pollution, including long-range
transboundary air pollution. The latter is defined as the release of substances into the air that
have adverse effects on human health and the environment in another country, from which
the contribution of individual emission sources cannot be distinguished (European Union
2020). The United Nations Economic Commission for Europe (UNECE) directs the
implementation of the Convention through the European Monitoring and Evaluation
Program; parties should develop policies and strategies to combat the release of air
pollutants through exchanges of information, consultation, research and monitoring.
Persistent Organic Pollutants (POPs) are toxic and resistant chemicals used in agriculture
(pesticides) and various industries that can adversely impact human health and the
environment. Moreover, since they can be transported through wind and water, they can also
reach neighbouring and distant countries, affecting communities and the environment there
(Environmental Protection Agency 2002). This Convention, in force since 2004 in both
Armenia and Azerbaijan, requires member countries to adopt control measures to reduce
and eliminate the release of POPs, restrict their trade, and develop national action plans to
address their unintentional release and control (UNEP 2020). Cooperation among various
institutions and countries is also viewed as necessary for the effective implementation of this
Convention (UNIDO, n.d.).
This Convention has been in force since 1993 in Armenia and 2000 in Azerbaijan. Its goals
include the conservation of biological diversity (or biodiversity); the sustainable use of its
components; and the fair and equitable sharing of benefits arising from genetic resources. Its
objective is to develop national strategies for these goals, and is often seen as the key
document regarding sustainable development. This Convention also envisages technical and
scientific cooperation, coordination of a global directory of taxonomic expertise, impact
assessments, education and public awareness, and national reporting on efforts to
implement treaty commitments (UNEP 2011).
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United Nations Framework Convention on Climate Change (including Paris
agreement)
The UN Framework Convention on Climate Change, in force since 1994 in Armenia and 1995
in Azerbaijan, does not establish concrete targets as it was intended to provide a framework
for future agreements and policies, as did the Paris Agreement (in force since 2017 both in
Armenia and Azerbaijan). The latter, in addition to including several articles on tackling
climate change, also requires that parties to the agreement shall cooperate in taking
measures to enhance climate change education, training, public awareness and participation,
as well as public access to information (The London School of Economics).
This is another convention with transboundary effect, in force since 1999 in Armenia and
2001 in Azerbaijan. It is designed to reduce the movements of hazardous waste between
nations and regulate transboundary movements of hazardous and other wastes, obliging
parties to ensure that such wastes are managed and disposed of in an environmentally sound
manner. The Convention covers toxic, poisonous, explosive, corrosive, flammable, ecotoxic
and infectious wastes, including plastic waste (UNEP 2011).
Additionally, there is a notable convention in force in both countries since 2004, though not
directly related to environmental protection, it includes components envisaged as part of
cooperation – European Outline Convention on Transfrontier Cooperation
Between Territorial Communities or Authorities.
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covers environmental protection, as well as regional, urban, and rural development,
improvement of public facilities and services, mutual assistance in emergencies, etc (Council
of Europe 1980).
Implementing this convention also contains the opportunity to act as a tool for conflict
mediation. In our previous research, ideas for such cross-border community cooperation
were discussed within the framework of a pilot project, such as cooperative management of
water resources and water exchange between farmers (e.g. in Tavush and Tovuz regions)
provided there is proper moderation (Isayev, Manukyan 2022).
The full list of International Environmental Agreements signed by Armenia and Azerbaijan is
available online through the University of Oregon [1].
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Conventions to collaborate as a starting point
Out of all the conventions signed by Armenia and Azerbaijan, there are several that stand out
as significant to lay a foundation to make would-be environmental cooperation between the
two countries possible. The Espoo Convention is one, as it establishes obligations between
the two, requiring communication while either plans projects that could potentially affect the
environment of the other. Informing the potentially-affected sides is the least parties can do
for the sake of the environment, as well as to cultivate confidence building.
The Aarhus Convention is equally important as a groundwork to establish trust between the
conflicting parties. Similar to Espoo, one of the rights the Aarhus Convention grants is the
access to information. In our case, as both signed the Convention, Armenia and Azerbaijan
bear responsibility to grant not only their citizens access to information, but also one
another, regarding major projects that could result in damaging crossboundary effects.
Granting all parties’ rights to access information creates ground for sound cooperation. One
of the most relevant documents to bind cooperation between Armenia and Azerbaijan is the
Convention on Biological Diversity, as ecosystems and crossboundary rivers in particular
have been damaged significantly, stemming from lack of cooperation between the two over
the decades. The Basel Convention similarly emphasizes cooperation in that the parties must
work together to prevent crossboundary disposal of wastes and further environmental
fallouts.
In other words, when a state joins an international legal treaty that has the goal to protect
human rights and the environment, in which humans can have adequate and healthy
standards of living, businesses must respect those rights and not prevent the state from
implementing its obligations.
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state duties—but also to avoid creating a pretext for conflicts particularly in areas already
experiencing one, as in the case of Armenia and Azerbaijan.
Implementing the obligations laid out by environmental conventions do not benefit the flora
and fauna alone. Both local communities and the overall population benefit from a clean and
healthy environment. By implementing environmental laws, other laws related to human
rights are being implemented as well, such as rights enshrined in International Covenant on
Economic, Social and Cultural Rights (ratified by both Armenia and Azerbaijan), the right to
adequate standards of living (Article 11 of CESCR) that includes the right to adequate food
(and water) and continuous improvement of living conditions, the right to health (Article 12
of CESCR), and the right to work (Article 6 of CESCR) that includes the right of everyone to
the opportunity to gain their living by work of their choice, including agriculture (ICESCR
1966).
Moreover, local farmers have been protesting due to critical shortages of both drinking and
irrigation water—ongoing for years—that force the locals to buy water, while businesses
profit from the rivers. Yet these protests have been met with police violence, including the
use of tear gas and rubber bullets shot at protesters (Isayev 2023).
7
These incidents illustrate state—and private sector—violation of many conventions that exist
to benefit the well-being of communities and protect the region’s flora and fauna.
International conventions are violated in Armenia as well, for example, when hydropower
plants are built on rivers without proper consultation with the locals and only a small group
of businesses benefit from these plants, while communities and nature are deprived of water.
More often than not, the operation of hydropower plants in Armenia does not comply with
various Armenian laws, including Armenia’s Environmental Impact Assessment
requirements, Water Code, Forest Code, Law on Specially Protected Nature Areas, and
additional laws regarding flora and fauna. This attitude also leads to the worsening of
communities’ well-being, as they lose their access to water for irrigation and agricultural
purposes. Communities’ participation in decision-making processes is often absent (Business
and Human Rights Research Centre 2022).
Monitoring the operation of ~135 small hydropower plants in Armenia between 2014 and
2017 showed that their operation often leads to ecosystem disruption, biodiversity loss in
and around rivers, deterioration of physical and chemical indicators of water, and
deforestation. The lack of water for irrigation purposes coupled with the noise generated by
these plants has created obstacles for the well-being of local communities by hindering the
development of agriculture and ecotourism. The absence of public participation in
decision-making regarding the plants’ construction, as well as problems with adequate
compensation during land acquisition or infrastructure accidents were some of the other
issues faced by the communities. As a result, the livelihoods of local communities were
negatively impacted, and environmental rights violated (Grigorian et al. 2018).
Women are at the forefront of environmental protection activism, evidenced by their active
engagement in various protests and movements in both Armenia and Azerbaijan (yet sadly,
rarely in decision-making). The reasons for women’s prominence in environmental advocacy
are multifaceted; research has shown women are more likely to care about and advocate for
nature and environments due to socialization processes that generate a stronger sense of
environmental empathy and social responsibility (Hunt 2020). Additionally, countries such
as those in the South Caucasus include rural populations that greatly depend on agriculture;
8
as women in the South Caucasus are mostly involved in gardening as the sole source of their
income, the link between the importance of a clean environment and the health and
well-being of entire families is felt more deeply (UN Women, 2023).
The June protests in the village of Soyudlu in the Gadabay District of Azerbaijan are a clear
example of this kind of engagement. The demonstration consisted of mostly elderly women
speaking against the area’s pollution due to an artificial lake created by a mining company
that dumped its waste there. They also protested the creation of a second artificial lake for
the mine’s waste. The protests centered on the negative impact of these tailing dams on the
local’s health and nature in the region. Protestors were met by law enforcement officers
spraying tear gas and firing rubber bullets (Aghayev 2023). According to locals, Gadabay’s
executive allegedly instructed the police to forcefully silence any women who dared to speak
out, ordering them to “pack them all in jail” (Adilgizi 2023).
Moreover, the gendered impact of environmental degradation is not limited to the loss of
income from relatively traditional economic activities such as agriculture or hospitality. In
2016 Armenian environmentalists sounded the alarm about potential negative changes
caused by a gold mine project planned in Amulsar, changes highlighted in the Environmental
& Social Impact Assessment (ESIA) of the company itself. The ESIA mentioned that the gold
mine project would likely decrease the standard of living of the locals “due to increased
pressure on local resources and existing infrastructure. Such pressure can impact community
resources like schools and health facilities or exceed the capacity of community
infrastructure. […] Similar projects in other parts of Armenia and the world have
experienced increased alcohol consumption, new or widening commercial sex networks and
prostitution, closely associated to problems with sexually transmitted diseases and an
increase in crime and violence in communities proximal to their operations. These impacts
will disproportionately affect women and girls within the local communities either directly or
indirectly” (PAEF 2016).
It may therefore seem contradictory or perhaps vice versa—quite logical—as to why women,
being disproportionately affected by environmental degradation, are the more active
segment of society in the region, and worldwide, when it comes to protecting the
environment and the wellbeing of communities overall. Taking this into consideration, a
paper prepared by the Office of the UN High Commissioner for Human Rights on Achieving
Human Rights and Gender Equality in the Context of Environmental Crises calls on States to
establish gender-responsive climate change, environmental, and disaster risk reduction
policies. The paper mentions that “States and other actors have obligations and
responsibilities under both international human rights law and international environmental
law, as well as international policy commitments, to address environmental crises, prevent
their negative, gendered impacts on enjoyment of human rights and ensure that actions to
address environmental degradation are gender-responsive, equitable, non-retrogressive,
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non-discriminatory, and sustainable” (OHCHR 2021). Among obligations for states the
paper includes ensuring women’s equal, free, active, meaningful, and informed participation
in decision-making processes related to the environment; respecting, protecting, and
fulfilling the rights of women environmental human rights defenders; and protecting against
the gendered impacts of business-related human rights harms, etc (OHCHR 2021).
Implementing the above recommendations could therefore be yet another medium for
establishing peace through environmental protection, an intentionally gendered approach
that could create another common platform for cooperation – the (eco)feminist platform.
The UN Framework Convention on Climate Change – the Paris Agreement and associated
Action for Climate Empowerment Agenda – calls on governments to educate, empower, and
engage all stakeholders and major groups on policies and actions relating to climate change
(UNESCO, n.d.). Article 12 specifically emphasizes that parties shall cooperate in taking
measures to enhance climate change education, training, public awareness, public
participation, and public access to information.
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However, a government-imposed crackdown on independent NGOs in Azerbaijan in 2014
caused civil society to shrink, thus affecting not only political NGOs but also those operating
in other areas, including environmental advocacy. Today, one environmental NGO that
stands out in Azerbaijan is Ecofront, although they are more known for active participation,
such as monitoring areas where the environment is threatened and cleaning up polluted
areas, rather than raising environmental awareness via citizen education (Ecofront, n.d.).
Today, the majority of NGOs in Azerbaijan specialising in environment and ecology are
government-organised NGOs (GONGOs). They are little known for their actual work among
the wider society, and most recently gained attention in the media when their
representatives blocked the only road connecting Nagorno-Karabakh to Armenia allegedly
for environmental concerns in December 2022 (Isayev and Shahverdyan 2022).
In our previous articles, we have covered initiatives aimed at environmental cooperation and
mediated by international organisations, as well as initiatives organised by local activists.
These studies showed that even in uncertain times there have been attempts to find common
ground for communication. Now, considering the developments in the region and
negotiations over a peace agreement, the possibility to cooperate seems to have increased;
and environmental cooperation in particular could be the least sensitive (or least politicised)
and most effective common ground for this purpose.
Some previous attempts at cooperation supported by donor organisations were the United
Nations Development Program (UNDP), the Swedish International Development
Cooperation Agency (SIDA), the USAID, the EU Technical Assistance to the Commonwealth
of Independent States (TACIS), the Organization for Security and Cooperation in Europe
(OSCE), and the North Atlantic Treaty Organization (NATO), which were aimed at legal,
policy, and planning activities. For instance, USAID, in collaboration with Development
Alternatives Inc. (DAI), implemented the South Caucasus Water Management project in
2000-2002, which aimed to strengthen cooperation among water agencies at local, national,
and regional levels and demonstrate integrated water resources management. Between 2002
and 2007, NATO and the OSCE realised the South Caucasus River Monitoring Project, which
is considered the only reliable data in the field and is highly valued by experts from all three
countries. Its general objectives were to establish the social and technical infrastructure for a
joint international transboundary river water quality and quantity monitoring, data sharing,
and watershed management system among Armenia, Azerbaijan, and Georgia. These and
other cooperation programs have been explored in previous research published on Caucasus
Edition (Veliyev, Manukyan, and Gvasalia 2019).
A number of experts have stressed the importance of joining international legal frameworks
for enabling further cooperation. Lusine Taslakyan, a water management expert and doctoral
research assistant in the Department of Soil and Water Systems at the University of Idaho in
the USA, professed that ratifying the Water and Health Protocol under the Convention on
the Protection and Use of Transboundary Watercourses and Lakes by the United Nations
Economic Commission for Europe (UNECE Water Convention), even without signing the
convention, would facilitate funding for projects related to the quality and supply of drinking
and irrigation water (Isayev and Manukyan 2022). Meanwhile, ratification would
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additionally allow for regional cooperation and dialogue. Recognizing the important role of
international organisations in transboundary water management projects, Taslakyan
advocates for collaboration mediated by international actors on such issues as access to
cross-border river basins and monitoring water quality and quantity of the rivers that flow
across the borders.
In another paper we further discussed cooperation attempts among civil initiatives in the
South Caucasus, research through which we discovered that despite times of tremendous
informational flow, societies and even environmentalists in the region remain relatively
uninformed about environmental challenges in the neighbouring countries. Yet there have
been some fragmented actions of solidarity in the past, when activists from Georgia and
Armenia made joint statements regarding their opposition to mining in Teghout in Armenia
(which could have a potential transboundary effect considering its proximity to the
transboundary river Debed), as well as opposition to seizing public green spaces in cities,
giving primacy to the interests of the private sector as was the case of Mashtots Park in
Yerevan and Vake Park in Tbilisi. (Veliyev, Manukyan, and Gvasalia 2020)
What we can conclude from these papers and initiatives is that past environmental
cooperation has been either rather spontaneous and fragmented, or unsustainable
considering the nature of non-continuous support from international organisations both in
terms of funding as well as willingness or readiness to continuously mediate such
cooperation efforts. Yet a lot has changed in the region. And considering the peace
agreement negotiation process currently underway, an environmental component in such an
agreement would allow for finding common, transboundary, grounds for cooperation for the
well-being of local communities as well as nature.
Conclusion
It is not just rivers, but all components of nature that have a transboundary essence. Thus, it
is no surprise most of the conventions mentioned above include clauses on transboundary
effects or call for cooperation among neighbours to prevent further deterioration of the
environment and livelihoods of people. Yet, as this overview illustrates, international
conventions may be signed by either one or both countries, but implementation does not
necessarily follow. While this could lead to warnings and even sanctions by international
actors, a peace agreement that includes environmental components could offer a fresh start
for the dedicated implementation of these conventions, and could potentially lead to joining
those not yet signed or ratified by one or both countries. Another key point of this overview is
that the private sector in its turn should not hinder states from fulfilling their international
obligations. They must mitigate any harm that has and could be caused due to their
operations. Our final point is grounded in the recommendation paper of the Office of the UN
High Commissioner for Human Rights—both states should work towards formulating
gender-responsive climate change, environmental, and disaster-risk reduction policies.
Environmental components such as these in a peace agreement between Armenia and
Azerbaijan could finally put an end to fragmented joint actions in the sphere of
environmental protection and spur new and profound environmental cooperation with
actual benefits for the local communities, women, nature, businesses, and states, and in this
way contributing to a lasting peace in the region.
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Footnotes
[1] The University of Oregon Database is availiable through the following links:
https://iea.uoregon.edu/country-members/Armenia?field_level_2_target_id%5B%5D=288587 and
https://iea.uoregon.edu/country-members/Azerbaijan?field_level_2_target_id%5B%5D=288587
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