Action 12.1 of the National Human Rights Protection Strategy Action Plan envisions the creation of a comprehensive and complete administrative database regarding forcibly displaced persons from Nagorno-Karabakh residing in the Republic of Armenia, including their personal data, registration address, provided pensions, benefits, as well as information about their property rights (including land).

The creation of such a system is an important and necessary step that will have a positive impact in several ways. First, it will contribute to the protection of the rights of forcibly displaced persons by ensuring access to information about them. Second, it will improve cooperation between government bodies and unify data available in various departments. Third, it will serve as an essential tool for establishing foundations for future restitution and compensation processes.

However, in practice, there are several issues that call into question the effectiveness of this information system. The main concern is that the information system for registering displaced persons from Artsakh maintained by the Migration and Citizenship department does not include all actually forcibly displaced persons. This means that a certain group of citizens will not be able to receive necessary information about themselves through the new system.

Studies show that in some cases, the basis for non-inclusion in the information system has been unlawful administrative acts issued by administrative bodies. This problem is exacerbated as such acts have deprived individuals of the opportunity to benefit from social support programs implemented for forcibly displaced persons. And now, with the implementation of the new system, their opportunities to receive information about their rights and protect them will be limited.

This situation can have a negative impact on a number of issues, particularly in terms of access to legal protection mechanisms for these individuals, ensuring their property rights, and opportunities to benefit from social support programs. Therefore, I believe it is necessary to review the list of persons included in the existing registration information system, eliminating the unjustified exclusion of any citizen.

It should also be noted that this action was scheduled to be implemented during 2024, but has not been implemented to date. Such delays are not simply procedural issues, but cause cascading negative consequences, disrupting the systematic mechanisms for protecting the rights and legitimate interests of forcibly displaced persons. The 2024 annual report of the Strategy states that the system has passed the final testing phase and all components have been developed and corrected, except for the cadastral data of Nagorno-Karabakh.

The absence of cadastral data is a key issue, as without this data it is impossible to form a complete picture of the property rights of persons forcibly displaced from Artsakh. Cadastral information is vital for developing possible compensation mechanisms in the future and initiating processes for the restoration of property rights. Moreover, the absence of cadastral data limits the opportunities for displaced persons to substantiate and protect their property rights in international forums.

However, the implementation of the information system requires the adoption of an appropriate legal act that will regulate the ways of using the system and give legal force to the certificates obtained through the system and the data transferred. The presented information makes it clear that such a legal act has not yet been developed to regulate the issue.

This legal gap can affect both the effectiveness of the system and data protection and legality. From the perspective of personal data protection, it is particularly important who can use this data, for what purpose, and what guarantees exist to prevent their illegal use.

In summary, we can note that although the creation of a comprehensive database of forcibly displaced persons from Nagorno-Karabakh is an important initiative, several issues need to be resolved for its effective implementation. First, ensure the inclusion of all genuinely forcibly displaced persons in the system by reviewing unlawful administrative acts. Second, accelerate the development and adoption of necessary legal frameworks. And third, establish clear mechanisms for data protection and their targeted use.

Only with a comprehensive solution to these issues can we expect that the database will truly serve to protect the rights of forcibly displaced persons and contribute to the prospect of compensation for the damages they have suffered.

Details are in the video.

The Armenian Lawyers Association conducts monitoring aimed at the implementation of judicial and legal reforms, anti-corruption policy, as well as the national strategy for the protection of human rights and the action plans derived from them. Within the monitoring framework, the online professional media Iravaban.net, with the help of specialists in the field, analyzes and covers both fully implemented, partially implemented, or completely unfulfilled actions, also addressing the omissions, obstacles, and reasons recorded in them.