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The Draft Constitution of the Artsakh Republic is ready. The document has been submitted for a wide public debate and have been modified. The first article of the document, published on the official website of the Artsakh National Assembly, states that Artsakh Republic is a sovereign, democratic state based on social justice and the rule of law, while the second article states the Nagorno Karabakh Republic and Artsakh Republic designations are the same.

The second chapter of the document regulates the fundamental human and citizen’s rights and freedoms. Article 23 of the draft document, specifically, sets the inviolability of the human dignity and the individuals’ right to freedom.

Article 173 refers to the borders of the Artsakh which states that “public powers of the Artsakh Republic is exercised in the entire territory which is de facto under the jurisdiction of the Artsakh Republic”.

“To me, Article 173 is articulated brilliantly. Exercising powers in the de facto territories does not rule out Getashen and Shahumyan. The war is not over yet. We had the 1991 Independence Referendum when our compatriots from Shahumyan and Getashen participated. Subsequently, the Constitutional provision about the borders is applicable to that territories as well,” Head of “Motherland” fraction at Artsakh National Assembly Artur Tovmasyan told Panorama.am.

The parliamentarian wondered why Getashen and Shahumyan issues are not discussed in the NK peace talks, saying those territories belong to Artsakh. “In case Azerbaijan resumes the war, it will lose new towns and communities, and Article 173 of the draft constitution contains no contradiction with that regard. The territories we possess are the liberated territories, and the de facto territories - as set out by the Constitution - are liberated territories,” Tovmasyan said.

“We have territories from Martakert region - Getahen, Shahumyan – that are currently under Azerbaijani control. We have no idea what will happen tomorrow. The Draft Constitution will provide an opportunity to make no modifications to Article 173 in the positive and negative scenarios alike,” added the MP.

To note, the Artsakh Constitution adopted in the 2006 referendum includes “transitional provisions” of which Article 142 states: “Until the restoration of territorial integrity of Nagorno Karabakh Republic and clarification of borders power is exercised in the territory which is de facto under the jurisdiction of Nagorno Karabakh Republic”.