Council of Europe Slams Kocharian~Rs Constitutional Reform
Radio Free Europe, Czech Rep
May 31 2005
31/05/2005 10:52
President Robert Kocharian and his leading allies were meeting
late Monday to discuss harsh criticism of their draft amendments
to Armenia’s constitution which has been voiced by a key Council of
Europe body.
The so-called Venice Commission, which monitors legislative reform in
the human rights organization’s member states, expressed on Friday its
“deep dissatisfaction” with the latest version of those amendments. It
warned that the Armenian authorities should put more significant
curbs on Kocharian’s sweeping powers if they want to forge closer
links with Europe.
“The members of the Venice Commission’s Working Group on constitutional
reform in Armenia expressed their deep dissatisfaction with this
text, as most of the Commission’s comments have not been taken into
consideration,” the commission said in a statement.
The statement quoted one of the members of the group, Kaarlo Tuori,
as saying: “The draft constitutional amendments need to be drastically
revised before they undergo the second reading.”
The constitutional package was approved by the Armenian parliament,
dominated by Kocharian’s loyalists, in the first reading on May 11.
It is a slightly revised version of the draft amendments that were
unveiled by Kocharian and his three-party governing coalition last
November.
In a report last December, Venice Commission experts said “more
significant amendments” are needed for putting in place an effective
system of checks and balances between the government branches in
Armenia.
Their recommendations would in particular give more powers to the
National Assembly, seriously limit the president’s controversial
authority to appoint and sack virtually all judges and make the mayor
of Yerevan an elected official. The Armenian authorities have so far
been reluctant to embrace such changes.
The Venice Commission warned that if their recommendations are not
“fully” accepted by the authorities “the whole constitutional reform
process would fail to bring Armenia closer to European values and
attain the aim of further European integration.”
The issue apparently topped the agenda Kocharian’s meeting on Monday
with leaders of the three parties represented in his government. One of
them, deputy parliament speaker Tigran Torosian, strongly criticized
the Council of Europe body. “While accepting their questioning,
I think that their reaction is not adequate,” he told RFE/RL before
the meeting.
Torosian argued that Venice Commission experts should have reserved
judgment on the issue until after their visit to Yerevan which is
scheduled to start on Thursday. He said the parliament has yet to
debate the amendments in the second and final reading and could change
them as a result.
Torosian, who has personally dealt with the Venice Commission, went
on to accuse the Council of Europe of trying to “equate” Armenia
with Azerbaijan. “I am certain that this statement can be used for
political aims by other organizations,” he said without elaborating.
Foreign Minister Vartan Oskanian was far more cautious in his reaction
to the embarrassing criticism. “I think a lot has been that in that
direction,” he told reporters, referring to constitutional reform. “We
are still not where the Europeans would like us to be. That is why
we have to work.”
Constitutional reform was one of the conditions for Armenia’s hard-won
accession to the Council of Europe in January 2001. In a resolution
adopted last September, the organization’s Parliamentary Assembly
(PACE) gave Yerevan until June to hold the repeatedly delayed
constitutional referendum. Armenian officials reportedly told PACE
leaders in April that the vote will likely take place in late July
or early August.