Treaty of Batum (June 4, 1918)

In the early months of 1918, two parallel processes developed in the Southern Caucasus: on the one hand, Ottoman military actions, and on the other, diplomatic efforts. The signature of the Treaty of Batum marked a temporary end to both processes. 
After the second Russian Revolution (November 7, 1917, according to the Gregorian calendar) and the seizure of power by the Bolsheviks headed by Lenin, Soviet Russia took measures to sign a separate peace with the Central Powers. Russians and Ottomans signed the armistice of Erzinga on December 5, 1917, ending the armed conflicts between both sides. The armistice was followed by the Treaty of Brest Litovsk (March 3, 1918), which marked Russia’s departure from World War I. The Ottoman Empire and the delegation of the Seim (Parliament) of Transcaucasia, formed by Georgians, Armenians, and Tatars (not yet named Azerbaijanis), held the peace conference of Trebizonda between March 14 and April 5. The Ottomans offered to surrender any ambition in the Caucasus in return for the recognition of the conditions of the Treaty of Brest Litovsk, which delivered Western Armenia, Kars, and Ardahan to the Ottoman Empire. Akaki Chkhenkeli, head of the Transcaucasian delegation, accepted the treaty as a basis for further negotiation. However, Armenians refused to accept the situation and hostilities resumed. The Ottoman army advanced further to the east, despite Armenian resistance. 
A new peace conference between the Ottoman Empire and the newly-independent Republic of Trancaucasia (proclaimed on April 22) opened at Batum on May 11. The Ottomans left aside the Treaty of Brest-Litovsk and increased their demands to include Alexandropol (nowadays Gumri), Surmalu (including Mount Ararat), Akhalkalak, and Akhaltskha. They also requested the construction of a railroad that connected Kars and Julfa (in Nakhichevan) with Baku. The transport corridor would run through Armenia, which was to give free right of passage. The Armenian and Georgian members of the Republic’s delegation began to stall the negotiations. The Ottoman army moved ahead and occupied Alexandropol on May 14. Between May 21 and 28, the fate of Armenia and Armenians was decided in the historic battles of Sardarabad, Gharakilise, and Bash Abaran. After the dissolution of the Republic of Transcaucasia on May 26-27 with the declaration of independence of Georgia and Azerbaijan, on May 30 the Armenian National Council of Tiflis (nowadays Tbilisi) assumed the authority of the Armenian provinces, retroactive to May 28. 
Despite its defeat at the three battles, the Third Ottoman Army held positions 4 miles from Yerevan and 6 miles from Etchmiadzin. Armenians had exhausted their possibilities of resistance and had no choice but to make peace with Turkey and sign a treaty that, despite its humiliating conditions, would give them a minimum respite, hoping that the world war would end soon and the Allied victory would bring justice to their cause. 

The territory of the Republic of Armenia after the signature of the Treaty of Batum

Three separate treaties were signed in Batum between the Ottoman Empire and the three Transcaucasian republics on June 4-5. The treaty of “peace and friendship” signed with the Republic of Armenia, represented by Alexander Khatisian, Hovhannes Kajaznuni, and Mikayel Babajanian, tacitly recognized its independence, ironically, three years after the genocide had started. The treaty left to Armenia Yerevan, Etchmiadzin, and the district of Nor Bayazid (now Gavar), around Lake Sevan. Parts of the districts of Sharur, Yerevan, Etchmiadzin, and Alexandropol were seized by the Ottoman Empire, as well as Akhalkalak and Akhaltskha, with a total of almost 18,000 square miles and a population of around 1,25 million people. Armenia was left with a landlocked territory of around 4,250 square miles (half of the extension of New Jersey), fifty kilometers of railway in the north and six kilometers extending west from Yerevan. 
As historian Richard Hovannisian wrote in 1967: “Thus, the Republic was created under conditions so tragic as to defy adequate description. Yet, there was an Armenia. In mid-1918, even that was a remarkable accomplishment.” The situation would change by the end of 1918.

Independence Referendum of Karabagh (December 10, 1991)

The Karabagh movement started in 1988 with the goal of reuniting the region of Mountainous Karabagh (an autonomous enclave artificially created in Azerbaijan) to Armenia by legal means. The joint statement of reunification, issued on December 1, 1989, seemed to be the culmination of that process. However, the opposition of Azerbaijan, with the consent of the Soviet central power, became the main obstacle for its realization.  

Another process, the collapse of the Soviet Union, was playing simultaneously. As a result, the Soviet republics prepared to break away, especially after the failed coup d’état in Moscow on August 19-21, 1991.  On August 30, 1991, Azerbaijan adopted the Declaration on the Restoration of the State Independence (a document similar to the Declaration on Independence adopted by Armenia on August 23, 1990), declaring itself the successor of the independent Republic of Azerbaijan of 1918-1920.

The first Azerbaijani Republic did not include Mountainous Karabagh, which was recognized as a disputed territory by the League of Nations. The legislature of Karabagh enjoyed the right to take advantage of existent Soviet legislation, particularly the Soviet law of April 3, 1990 “On the Procedure for Secession of a Soviet Republic from the USSR.” According to this law, in the case of a Soviet republic withdrawing from the Soviet Union, autonomous entities and densely settled minorities in that republic had the right to independently determine their political-administrative status. Azerbaijani repression against the Armenian population, which would take the shape of ethnic cleansing, led to the joint session of the Regional Councils of Mountainous Karabagh and Shahumian, which declared the establishment of the Republic of Mountainous (Nagorno in Russian) Karabagh on September 2, 1991, within the borders of the former Autonomous Region of Mountains Karabagh and the Shahumian region.

The declaration was consolidated with a referendum held on December 10, 1991, days before the official dissolution of the Soviet Union. The question asked to the voters was: “Do you agree that the proclaimed Republic of Mountainous Karabagh becomes an independent state, which will determine the ways of cooperation with other states and unions by its own will?” A total of 132,328 people were eligible to vote. The participation was 82.20% (108,736) of the voters, with the Azeri population of Karabagh boycotting the referendum. The “yes” had a resounding 98.89% (108,615 votes), with 95 votes annulled. 

Azerbaijan, which would not recognize the result of the referendum, did not stop shelling the capital Stepanakert and other towns. Ten people died on the referendum day and another eleven were wounded.

After parliamentary elections held later in the month, the Supreme Council of the new republic was formed. The first session of the Supreme Council in January 1992 ratified the proclamation of the independence and elected its president, Artur Mkrtchyan. The Council of Ministers was also created, with Oleg Yesayan as first prime minister. Soon the republic would have its own flag, coat-of-arms, and anthem. 

The Constitution of the Republic of Mountainous Karabagh, however, was not ready until 2006. The project was also put to referendum on December 10, 2006. Of 90,077 people eligible to vote, 77,279 voted to approve the Constitution (85.79%). There were 554 votes against. After 2006, December 10 became a holiday in Karabagh.

Unification of Armenia and Artsakh (December 1, 1989)

Demonstration in Karabagh, 1988

The movement for the reunification of Karabagh to Soviet Armenia in the 1980s did not start from one day to another. After Mikhail Gorbachev, the last First Secretary of the Soviet Communist Party, declared the new formula of glasnost (“transparency”) in the plenary session of the party (April 1985), many issues came to the surface. The atmosphere of openness and relative freedom offered the opportunity to look forward to reunification. In August 1987 the Armenians in the Autonomous Region of Mountainous Karabagh, then a part of Azerbaijan, submitted to Moscow a petition signed by more than 80,000 people.
The crucial step was taken in the February 20, 1988 session of the Regional Soviet of Mountainous Karabagh, which voted 110 to 17 to request the transfer of the region to Armenia.  Instead of a conciliatory solution, the Political Bureau of the Central Committee of the Soviet Communist Party issued a resolution that qualified the Karabagh movement as “extremist” and “nationalist,” as well as contrary to the interest of the workers of Azerbaijan and Armenia. The lack of a solution from the top instilled the need for a solution from the bottom: massive popular demonstrations in Yerevan and Stepanakert followed, to which Azerbaijan reacted with the massacre of Sumgait on February 28, 1988.
The situation became more and more complicated and conflictive during 1988. In an attempt to find a solution, in January 1989 Gorbachev attached the Karabagh region directly to Moscow and designated Arkady Volsky as head of a special committee for administration. The Regional Soviet and the regional committee of the Communist Party were dissolved. However, hopes for a solution of the conflict were dashed and a congress of plenipotentiary representatives of Mountainous Karabagh was held in Stepanakert on August 16, 1989. It elected a National Council, to which it delegated the faculties of executive power. On November 28, 1989, the Supreme Soviet of the Soviet Union decided to eliminate the special committee and reattach Karabagh to Azerbaijan. It also created an Organizational Committee, led by the second secretary of the Communist Party of Azerbaijan, Viktor Polyanichko. In response, on December 1 a joint session of the Supreme Council of Soviet Armenia and the National Council of Mountainous Karabagh adopted a resolution about the unification of Armenia and Karabagh.
The resolution was based “on the universal principles of self-determination nations” and reflected “the legal aspiration of the two sections of the Armenian people separated by force.” The Supreme Council recognized the self-determination of the Autonomous Region, approved by the resolutions of the Regional Council of February 20 and July 12, 1988, as well as the resolutions of the congress of representatives of Artsakh (August 19, 1989) and the National Council (October 19, 1989) (article 1). It also recognized the congress of plenipotentiary representatives and the National Council as only legal authority of Karabagh (article 2). The Supreme Council and the National Council declared the reunification of Soviet Armenia and Mountainous Karabagh, and the citizenship rights of Soviet Armenia were extended over the population of Karabagh (article 3). A joint committee was created by the Supreme Council and the National Council to set up the steps towards reunification (article 4). Both legislative bodies took upon themselves the representation of the districts of Shahumian and Getashen, in the north of Karabagh, which still have their Armenian population (they would be occupied by Azerbaijan and its population expelled in 1991-1992) (article 5). The presidency of both bodies and the Council of Ministers of Armenia were tasked with the execution of measures derived from the resolution “to realize the actual fusion of the political, economic, and cultural structures of the Armenian SSR and Mountainous Karabagh in a unified state and political system.” (article 6). 
Azerbaijan characterized the resolution as an intromission in the internal affairs of the country. The tension between both countries was rising, and the conflict was shaping up towards a military solution. However, the Soviet Union still existed and its police and army, regardless of who they protected, were the last force that prevented the confrontation between Karabagh and Azerbaijan. Once they disappeared, the war became unavoidable.
Although the referenda on independence by Armenia (September 21, 1991) and Mountainous Karabagh (December 10, 1991) declared the independence of both countries, the resolution about the unification was never challenged. As a matter of fact, when Robert Kocharian was proclaimed candidate to the presidency in February 1998, his candidacy was questioned since article 50 of the Constitution of Armenia, sanctioned in 1995, established that the president should have a ten-year citizenship and permanent residency in Armenia. The courts of Armenia, however, determined that the candidacy was legally based on the resolution of December 1, 1989, since article 3 had proclaimed the “reunification of the Armenian SSR and Mountainous Karabagh” and extended the rights of Armenian citizens over the population of Karabagh. The declaration on independence of Armenia (August 23, 1990) had been based on the December 1, 1989 declaration, which was and still is in force. As it is well known, the independence of Karabagh remains unrecognized, even by Armenia.