Azerbaijan's claims that Armenia’s constitution contains territorial claims from Azerbaijan are based on the fact that the preamble of Armenia’s constitution contains a general reference to the Declaration of Independence of Armenia, which in turn mentions Nagorno-Karabakh. Prime Minister Nikol Pashinyan, stated this during the question-and-answer session with the government at the National Assembly (NA) of Armenia on Wednesday.

Pashinyan reminded that the Constructional Court of Armenia, in its decision of September 26, recorded that the aforesaid reference to the Declaration of Independence of Armenia refers exclusively to those provisions that had were literally specified in the articles of the constitution.

"The text of the constitution of Armenia does not contain any provision about Nagorno-Karabakh either directly or indirectly. It should also be remembered that there is a clear hierarchical difference between the Declaration of Independence and the constitution according to the receiving entities. That is, if the Declaration of Independence was adopted by the Supreme Council of the Armenian SSR, then the constitution was adopted by the people of the internationally recognized sovereign state of Armenia.

Second, the preamble to the constitution of Azerbaijan contains a reference to the constitutional act adopted on October 18, 1991. That act, in turn, refers to the Declaration of Independence of the First Republic of Azerbaijan adopted on May 28, 1918. The Declaration of the First Republic of Azerbaijan, in turn, records that the First Republic of Azerbaijan includes the Eastern and Southern Transcaucasia. In November 1919, the Republic of Azerbaijan submitted its administrative territorial map to the Entente, according to which the Syunik, Vayots Dzor Provinces of Armenia are fully included in Azerbaijan, as well as the territories of Ararat, Armavir, Gegharkunik, Tavush, Shirak, Lori Provinces—in part. This is about 60 percent of the territory of today's Armenia.

With these references, it becomes obvious that the constitution of Azerbaijan contains territorial claims against Armenia," Pashinyan stated.

But he added that Armenia does not raise, for two reasons, the matter of amending the constitution of Azerbaijan.

“First, such a demand will bring the Armenia-Azerbaijan peace process to a dead end. And second, there is an article in the agreed part of the Armenia-Azerbaijan peace treaty, which states that the parties cannot refer to their domestic legislation to justify the failure to implement this treaty.

Another article of that treaty states that the parties recognize each other's territorial integrity, have no territorial demands from each other, and are committed not to make such demands in the future," explained the PM of Armenia.

He stated that if after the signing of the peace treaty the Constructional Court of Armenia decides that this text does not comply with the constitution of Armenia, the latter can launch constitutional amendments. And if the Constructional Court deems it in compliance with the constitution of Armenia, it will be ratified at the NA.

"We [i.e. Armenia] do not raise the matter of amending the constitution of Azerbaijan. And by the same logic, we believe that there is no need to amend the constitution of Armenia in this context," Pashinyan concluded.