Wednesday, 13 July 2005

ARMENIA PLANNING TO REVISE ITS CONSTITUTION

Published in Field Reports

By Grigor Hakobyan (7/13/2005 issue of the CACI Analyst)

The current form of the Armenian Constitution has been frequently criticized by the political opposition in Armenia and most recently underwent strong criticism by the Parliamentary Assembly of the Council of Europe’s (PACE) European Commission for Democracy through Law (Venice Commission) for not providing enough checks and balances between the various branches of government. As a result of this constitutional structure, there is an enormous concentration of power in the office of the president of the country. To monitor the compliance of Armenia’s proposed constitutional amendments with PACE requirements for Armenia’s integration into European structures, the AGO group (the monitoring group of the Council of Ministers of the Council of Europe), lead by permanent German representative to the Council of Europe Roland Wegener, paid a visit to Armenia.
The current form of the Armenian Constitution has been frequently criticized by the political opposition in Armenia and most recently underwent strong criticism by the Parliamentary Assembly of the Council of Europe’s (PACE) European Commission for Democracy through Law (Venice Commission) for not providing enough checks and balances between the various branches of government. As a result of this constitutional structure, there is an enormous concentration of power in the office of the president of the country. To monitor the compliance of Armenia’s proposed constitutional amendments with PACE requirements for Armenia’s integration into European structures, the AGO group (the monitoring group of the Council of Ministers of the Council of Europe), lead by permanent German representative to the Council of Europe Roland Wegener, paid a visit to Armenia.

According to a June 29 report by Azg, “Roland Wegener stated that progress is looming in all 3 spheres of Armenia\'s obligations to the CoE: balancing the authority of executive and legislative powers, reforming the judicial system, and establishing an electoral system for Yerevan’s mayor.” Azg continued stating that “In fact, President Robert Kocharian and the ruling coalition are making concessions exposed to pressure from the CoE. If in the past the Armenian authorities used to resist particularly in the issue of elective mayoralty, then they are surrendering in the last few weeks.”

On June 29 during a meeting with the head of the AGO Group and German Ambassador to CoE Roland Wegener, President Kocharian said that the “Full-scale introduction of the constitutional reforms project to the Armenian people will ensure the success of the referendum”.

PACE’s Resolution 1458 (2005) had put forth many strict conditions for implementing constitutional reforms in Armenia, including a requirement that “…constitutional amendments must be approved by more than 50% of the votes but not less than one third of all registered voters.” Additionally, the above-mentioned PACE resolution called on the Armenian government to: “ i. fully implement the recommendations of the Venice Commission; ii. undertake clear and meaningful steps in order to resume an immediate dialogue with the opposition; iii. adopt the text at the second reading without altering the agreement reached with the Venice Commission on the above-mentioned points and no later than August 2005; iv. provide live broadcasting of the parliamentary sittings where the constitutional amendments will be discussed and voted; v. start a well-prepared and professional awareness-raising campaign immediately after the adoption of the text at the second reading; vi. implement without delay the Assembly recommendations with regard to media pluralism in order to guarantee the broadest possible public debate; vii. urgently update voters\' lists; viii. hold the referendum no later than November 2005; ix. and to provide for the coming into force of the constitutional reform as soon as reasonably possible.”

Point 14 of the PACE’s resolution called “…on the opposition to stop its parliamentary boycott and do everything possible to promote the recommendations of the Council of Europe with regard to the constitutional reform.” However, some opposition party members rejected PACE’s call to end their boycott. Opposition lawmaker Hrant Khachatrian told Haykakan Zhamanak, “the opposition should not end its boycott of parliament sessions and endorse Kocharian\'s constitutional reform.” He argued that the coalition government “did not willingly embrace key constitutional amendments suggested by the Council of Europe.”

A more extreme position was held by the Armenian National Movement which ruled Armenia between 1991-1998 and was heavily criticized for the conduct of fraudulent presidential elections and constitutional referendum in 1995 and 1996. Through their media outlet, Aravot, they expressed continued support for the existing constitution and strong opposition to any constitutional amendments to be undertaken by the government or opposition.

Meanwhile, the 6/27/05 issue of Golos Armenii expressed hope that the coalition government of Armenia and the opposition would adhere to the call of the PACE resolution and begin to cooperate on constitutional reforms and that Armenia “will take yet another step toward democratizing political and public life and bringing it closer to European standards.”

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The Central Asia-Caucasus Analyst is a biweekly publication of the Central Asia-Caucasus Institute & Silk Road Studies Program, a Joint Transatlantic Research and Policy Center affiliated with the American Foreign Policy Council, Washington DC., and the Institute for Security and Development Policy, Stockholm. For 15 years, the Analyst has brought cutting edge analysis of the region geared toward a practitioner audience.

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