CONSTITUTIONAL AMENDMENT

Azerbaijani President Ilham Aliyev has signed a law approving amendments to the Constitution of the Nakhchivan Autonomous Republic (NAR). In particular, articles concerning the powers of the Supreme Majlis and the Cabinet of Ministers of Nakhchivan have been added.

Constitutional amendment: why the status is changing and what it means

The amendments to the NAR Constitution signed by the President of Azerbaijan are a significant milestone in the development of the country's state and legal system. This is not a matter of radical reform or the dismantling of autonomy, but rather that the changes introduced carry significant political, legal and symbolic significance. It could be said that they reflect the gradual conclusion of a long transitional period and the desire to bring Nakhchivan's constitutional status more into line with the nature of Azerbaijan as a unitary state.

In practice, for the central government, the adopted amendments mean:

1) The constitutional unity of the state could be strengthened.

2) It may be beneficial to consider the clear subordination of autonomous institutions to the national system of government.

3) It could be worthwhile to explore ways to remove historical and legal constructs that potentially undermine the sovereign narrative.

4) It might be valuable to align the model of governance in Nakhchivan with the logic of a unitary state, while also considering the preservation of autonomy.

In return for the autonomy, the changes mean:

1) A reduction in symbolic political autonomy whilst retaining administrative functions;

2) greater coordination with central authorities;

3) a transition from the Soviet model of 'quasi-autonomy' to a modern format of regional governance;

4) increased legal certainty regarding the status of the autonomy within Azerbaijan.

It is becoming increasingly evident that the autonomy is transforming from a distinct political entity into a specific region within a unified state.

Historical context of the autonomy

The current Constitution of the Nakhchivan Autonomous Republic was adopted by the Supreme Majlis of the autonomy on 28 April 1998 and came into force on 8 January 1999 following ratification by the Azerbaijani parliament and official publication. It was the fourth in the region's history. Nakhchivan's first constitution was adopted in 1926, the second in 1937, and the third in 1978.

The current constitutional model of autonomy was largely shaped by the legal structures established during the Soviet period. Over time, these institutional and legal elements conflicted with the principles of modern Azerbaijani statehood.

Autonomy as a historical exception

The Constitution of Azerbaijan clearly states that the republic has a unitary state structure. This format presupposes the unity of sovereignty, the legal system and the vertical structure of state power. It is clear that the existence of an autonomous entity within a unitary state is an exception and requires a specific historical and political explanation.

The Nakhchivan Autonomous Region is a perfect example of this. Its emergence was not the result of an organic evolution of Azerbaijani statehood. The region's autonomous status was established within the framework of Soviet national-territorial policy. Administrative boundaries were often determined not by the historical logic of regional development, but by the geopolitical and ideological considerations of the Soviet centre. Within the federal structure of the USSR, the Nakhchivan ASSR was the only autonomous region not established on a national basis. Nakhchivan was inhabited by Azerbaijanis, who constituted the state-forming people.

The change in the region's territorial configuration at the beginning of the 20th century was a key factor. At this time, the historically Azerbaijani and predominantly Azerbaijani-populated Zangezur region was transferred to Armenia against Baku's will. Nakhchivan is geographically separate from the main territory of Azerbaijan. In these circumstances, autonomy became a political and administrative mechanism designed to compensate for the resulting territorial isolation.

The aim of this act was clear: to sever Western Zangezur from its ancestral lands in Azerbaijan and to geographically divide the Turkic world. Western Zangezur was the 'wedge'. The Soviet authorities transferred it to Armenia.

The Soviet legacy and post-Soviet reality

After the collapse of the USSR, Azerbaijan set about creating its own model of state structure. However, it is clear that Armenia's ongoing aggression and occupation of Azerbaijani territories has made this process complicated.

In these circumstances, the preservation of Nakhchivan's autonomous status was the key stabilising factor. It allowed the region to retain administrative flexibility in the context of geographical isolation and a complex foreign policy environment.

However, over time, certain legal provisions inherited from the Soviet era conflicted with the principles of the modern system of state governance. This objectively necessitated the clarification and amendment of a number of constitutional provisions.

The 1921 Treaties and the issue of interpretation

One of the most significant decisions was the removal from the preamble of the Constitution of Nakhchivan's autonomy of references to the Moscow (1921) and Kars (1921) treaties.

These documents have always clearly defined Nakhchivan's autonomous status within Azerbaijan, albeit under the conditions of imperial pressure and geopolitical compromises of the early 20th century. However, their presence in the constitutional text was frequently the subject of political interpretation by the occupying powers. In particular, attempts were made in international discussions to present these agreements as the legal basis for the 'transfer' of Nakhchivan.

It is clear that these treaties never contained provisions regarding the 'transfer' of Nakhchivan to Azerbaijan. It is an indisputable fact that it has always been an integral part of Azerbaijani territory, both historically and legally.

Excluding references to the treaties does not alter the historical facts, but it does remove any potential legal ambiguities. This unequivocally reinforces the legal position that the autonomy of Nakhchivan is exclusively an internal administrative and legal institution of the Republic of Azerbaijan.

The powers of the Supreme Majlis: then and now

Before the amendments, the Supreme Majlis held a lot of the powers in the autonomy's governance system. This body possessed broad political and administrative powers: it formed the autonomy's government, exercised control over the activities of the executive branch, and determined the main directions of the region's domestic policy.

This model of governance essentially replicated a system in which the autonomy possessed the characteristics of a 'mini-state' within a single state.

The adopted amendments adjust this balance gradually. They clarify the powers of the Supreme Majlis and the Cabinet of Ministers, strengthening the institutional link between the autonomous region and Azerbaijan's national system of government. The role of central state institutions is becoming more pronounced, and the coordination mechanism between Baku and Nakhchivan is becoming clearer and more systematic.

Real changes in regional politics

The adopted changes do not imply a drastic reduction in the autonomy's administrative functions. Nakhchivan continues to retain its own authorities, administration and certain features of its administrative structure.

The region's level of symbolic and political autonomy is undeniably and unmistakably diminishing. The administrative system is becoming firmly integrated into the national institutional framework.

In other words, Nakhchivan is transforming from a model of 'quasi-autonomy', characteristic of the late Soviet period, into a specific region within a unified state system.

The logic of state evolution

The amendments to the Constitution of Nakhchivan are a natural stage in the post-Soviet evolution of Azerbaijani statehood. The country has undoubtedly strengthened its institutions of national sovereignty and improved its mechanisms of state governance over the past decades.

The adjustment of Nakhchivan's constitutional status fits organically into this strategic approach. It does not disrupt the existing balance or abolish autonomy; it removes legal constructs that have become obsolete over time.

Such changes will undoubtedly lead to the creation of a more sustainable model of relations between the centre and the region. Nakhchivan is now indisputably part of Azerbaijan's unified political and legal space—with no room for ambiguous historical formulations or foreign policy interpretations.