A1+

| 17:17:59 | 15-09-2005 | Politics |

YEREVAN PRESS CLUB DISCONTENT WITH AMENDMENTS TO RA CONSTITUTION

On September 15 Yerevan Press Club disseminated a statement with a number of
proposals on draft amendments to the Constitution of Armenia, adopted by the
RA National Assembly in the second hearing on September 1.{BR}

The statement says: `Yerevan Press Club is induced to state that the public
of Armenia has been insufficiently involved in the constitutional reform
process. Attention was not duly paid to a number of alternative proposals
made, as a result of which certain provisions of the draft continue to arise
serious concerns. In particular, we cannot be satisfied with the definitions
on freedom of expression and information. The primary subject of our concern
is the mechanisms for the broadcast regulatory body formation, as stipulated
by the draft constitutional amendments, since its independence is not
guaranteed.

As after the adoption in the second hearing the project cannot be radically
improved, we submit our proposals of editorial nature that will enable
making the existing clauses more specific and will contribute to achieving
greater clarity of definitions.’

Some of the YPC proposals aim solely at the improvement of the language in
some articles. At the same time it is proposed to maximally clarify the
status and the role of the body to be established for broadcast media. Thus,
Article 83.2 (“To ensure freedom, independence and diversity of broadcast
mass media, in accordance with the law, an independent body is established.
Half of its members are elected by the National Assembly, and the other half
is appointed by the President of the Republic – for 6 years’ term of
service. The National Assembly elects the members of this body by a majority
of the total number of deputies.’) should, in the opinion of YPC, be
narrated as follows: `In accordance with the law, a body is established,
regulating the activities of public and private broadcast mass media,
contributing to their diversity. To ensure the greatest independence of this
body, half of its members are elected by the National Assembly and half is
appointed by the President of the Republic – for 6 years’ term of service.
The National Assembly elects the members of this body by a majority of the
total number of deputies’.

The essence of the change proposed is that firstly, the bodies formed by the
state are established not to ensure freedom and independence but to regulate
the activities of a sphere. It is another thing that the Constitution must
stipulate certain guarantees for the independence of the body itself.
Secondly, the regulating function of this body should be clearly defined by
the Constitution, since the Main Law stipulates its establishment. Otherwise
it remains uncertain what it should be responsible for – this is hardly the
broadcasting, audiovisual production or interference with the inner policy
of broadcasting companies. Thirdly, both private and public broadcasting
should be subject to regulation. And if, contrary to YPC’s proposals, the
Constitution will stipulate the formation of only one body, it should be
regulating both, which must be clearly defined by the Main Law.