PACE, Europe
Provisional edition
Constitutional reform process in Armenia
Resolution 1458 (2005)[1]
1. The Parliamentary Assembly recalls that the revision of
the Constitution is a pre-condition for the fulfilment of some of the
most important commitments that Armenia undertook upon its accession
to the Council of Europe. These include the reform of the judicial
system, local self-government reform, the introduction of an
independent ombudsman, the establishment of independent regulatory
authorities for broadcasting and the modification of the powers of
and access to the Constitutional Court. The deadlines for the
completion of these commitments, stipulated in the Assembly’s Opinion
No. 221 (2000) on Armenia’s application for membership of the Council
of Europe, have now long expired.
2. The Assembly therefore is deeply concerned that the delay
in agreeing and adopting the constitutional amendments is holding
back Armenia’s progress towards European democratic norms and
standards in key areas of political life.
3. The present Constitution, adopted in 1995, has played an
essential role in the development of democracy and its
irreversibility and has allowed Armenia to become a member of the
Council of Europe. However, its practical day-to-day implementation
has increasingly revealed serious conceptual shortcomings which have
become an obstacle for the further democratic development of the
country. In the first place, the Constitution endows the President
with excessive prerogatives and does not provide for clear separation
and balance of powers within the state structures. Equally serious is
the lack of constitutional guarantees for basic human rights, of
independence of the judiciary and of local self-government in
conformity with European standards.
4. The Assembly recalls the failure of the first referendum
on constitutional amendments of 25 May 2003 and the fact that the
authorities at the time had not committed themselves to a campaign in
support of the reform as parliamentary elections were held in
parallel. The subsequent deadline fixed by the Assembly in
Resolutions 1361 and 1405 (2004) for the holding of a new
constitutional referendum ~V not later than June 2005 ~V has been
missed.
5. The Assembly recalls that in 2001, the Armenian
authorities and the European Commission for Democracy through Law
(Venice Commission) had arrived at a mutually acceptable draft
Constitution in line with European standards. This draft, however,
underwent significant changes during its examination and adoption by
Parliament and the text submitted to referendum in May 2003
represented an important step back. The Assembly therefore insists
that such a scenario must not be repeated with the new draft.
6. The Assembly notes with approval the renewed active and
intensive co-operation between the Armenian authorities and the
Venice Commission since 2004. It regrets, however, that after several
expertises of different subsequent drafts and after the first reading
in Parliament on 11 May 2005, the draft still needs substantial
revision, according to the Venice Commission. In its second interim
opinion of 13 June 2005, the Venice Commission expressed deep
disappointment with the lack of satisfactory results, deploring the
fact that the recommendations, notably concerning the balance of
powers between the President and the Parliament, the independence of
the judiciary and the election of the Mayor of Yerevan (instead of
his/her appointment by the President), had not been taken into
account.
7. The Assembly welcomes the memorandum on further
co-operation signed between the Venice Commission working group and
the Armenian authorities on 2 June 2005. It commends the Armenian
authorities on presenting an improved version of the text within the
deadlines agreed in the memorandum. However, the Assembly insists
that the final proposed amendments do comply with all the
recommendations of the Venice Commission and are finally voted as
such by the National Assembly.
8. The Assembly underlines that the new constitutional
referendum can only succeed on the basis of a very broad public
consensus. In addition to the political significance of such an act,
the consensus is also needed for technical reasons ~V the
constitutional amendments must be approved by more than 50% of the
votes but not less than one third of all registered voters. It is
therefore important that the voters’ lists are updated so that the
necessary quorum can be achieved.
9. The Assembly deplores the breakdown of dialogue between
the ruling coalition and the opposition. It regrets that the ruling
coalition has not yet been able to agree on the three key requests of
the opposition which coincide with the recommendations of the Venice
Commission: separation and balance of powers, independent judiciary
and a real local self-government. It equally regrets the fact that
the opposition resorted to a boycott of parliamentary sittings. The
Assembly therefore strongly hopes that an agreement on the three
points will lead to the opposition returning to Parliament.
10. The Assembly points out that a proper awareness-raising
campaign in favour of the constitutional reform can only start after
agreement has been reached on the remaining problematic areas. If the
latest deadline for holding the referendum ~V November 2005 ~V is
respected, any further delay in reaching a political consensus can
jeopardise the chances of the draft being accepted by the population.
11. The Assembly reiterates its previous concerns with regard
to media pluralism and balanced political coverage in the electronic
media. The media, and television in particular, should play a major
role in allowing the public to make a well-informed choice in the
referendum. One of the main reasons for the present unsatisfactory
situation resides in the shortcomings of the Constitution with regard
to the appointment of members of the broadcasting regulatory bodies.
12. The Assembly strongly believes that, for the sake of its
own people and for the sake of its further European integration,
Armenia cannot afford another failure of the constitutional
referendum. It supports the expert advice of the Venice Commission as
a clear indication of the direction to follow and believes that if it
is backed by political will and democratic maturity, the necessary
ingredients for a successful constitutional reform would be in place.
13. The Assembly therefore calls on the Armenian authorities
and the parliamentary majority 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 second reading without altering the
agreement reached with the Venice Commission on the above~Vmentioned
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.
14. The Assembly calls 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.
15. The Assembly expresses its support for the adoption of a
draft Constitution fully complying with the Council of Europe
standards and calls on all political forces and civil society to
assure the success of the constitutional reform.
16. The Assembly resolves to observe the constitutional
referendum and, in the meantime, declares its readiness to provide
any assistance that might be needed for its preparation.
[1] Assembly debate on 23 June 2005 (22nd Sitting) (see Doc. 10601,
report of the Committee on the Honouring of Obligations and
Commitments by Member States of the Council of Europe (Monitoring
Committee), Co-Rapporteurs: Mr Colombier and Mr Jaskiernia). Text
adopted by the Assembly on 23 June 2005 (22nd Sitting).