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Armenian Center for National and International Studies
75 Yerznkian Street
0033 Yerevan, Armenia
Tel: (+374 – 10) 52.87.80 or 27.48.18
Fax: (+374 – 10) 52.48.46
Email: [email protected] or [email protected]
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September 15, 2006
ACNIS Holds Public Hearing on Eminent Domain: Draft Law on Property Rights
Yerevan–Today, the Armenian Center for National and International Studies
(ACNIS) convened a public roundtable entitled "Armenian Law ‘On the
Alienation of Property for Public and State Needs’" to thoroughly examine
and deliver an expert opinion on this bill.
ACNIS director of research Stiopa Safarian greeted the audience with opening
remarks. "This bill, which the National Assembly adopted at its first
hearing, contains a grave danger in terms of honoring and defending the
citizens’ right of proprietorship. Moreover, it does not help resolve the
convoluted problems that have surfaced throughout the state expropriation of
private property, under way in Armenia since year 2004. Today’s discussion
has the objective of pointing out the ambiguities and misinterpretations
that exist in the draft law. We also intend to present suggestions to the
National Assembly so that it can make relevant adjustments in this draft law
before its approval during the second hearings," Safarian mentioned.
In her address, Armenia’s first Ombudswoman Larisa Alaverdian deliberated on
the ongoing infringements upon property rights following the April 18, 2006
decision of the Constitutional Court. In line with that verdict, the Court
had declared that several relevant articles in the civil and land codes as
well as a governmental decision were unconstitutional. "Based on these acts,
the properties of many Yerevan residents were expropriated," Alaverdian
noted. She also added that the aforementioned ruling by the Constitutional
Court should have become grounds to not only end this unlawful course of
action, but also to completely re-examine what had occurred in the past. As
maintained by the former human rights defender, the authorities, sadly, are
not taking any measures toward reviewing the illegal decisions.
In his turn, Armenian Ombudsman’s senior adviser Georgi Kutoyan deliberated
on the separate points of the bill and deemed them unacceptable from the
stance of human rights. He expressed a conviction that the approval of such
a law must first and foremost be aimed at guaranteeing the maximum defense
of the rights of the proprietor. In Kutoyan’s words, the issue at hand for
this law is to regulate relations in connection with the alienation of
property and specifically in the cases when the exceptionality of public
interest is substantiated, but the proprietor is unwilling to give up his
assets. "When the question refers to property and the expropriation of real
estate, in particular, the landowner confronts a number of inconveniences as
regards to a change in regular lifestyle and surroundings, long distance
from place of work, and other unwelcome difficulties, which are not
considered during market evaluations," Armenian Ombudsman’s representative
emphasized. He also concluded that this draft law needs to be revised fully
and amended.
The next speaker, deputy chairman Hovhannes Margarian of the National
Assembly’s Standing Committee on State and Legal Affairs, underscored the
importance of guaranteeing the protection of human rights within the context
of the law proposal. He found impermissible the legitimizing of the
anti-democratic and immoral actions against fellow citizens. "Through this
law, an attempt is being made to validate, at the parliament, the
governmental misdemeanors, and the legislative body has turned into a
representative of the executive," Margarian stated. He added that numerous
urban development projects in Armenia pursue commercial interests. According
to the MP, by making these projects synonymous with ‘utmost public interest,
‘ the parliament wants simply to justify the arbitrary redistribution of
property. In Margarian’s adamant belief, an unwavering initiative is in
order, including public hearings, so that this anti-democratic bill would
not pass at the National Assembly.
The participants in the ensuing discussion included MP Vardan Mkrtchian;
Heritage Party representative and jurist Hrair Tovmasian; Sedrak
Baghdasarian of the "Victims of State Needs" NGO; Ruzan Khachaturian of the
People’s Party; a group of former residents of Biuzand and neighboring
streets; chairman Alexander Butayev of the "People-Masters of the Country"
civic union; and several others. Leading specialist Hovik Hovakimian from
the Ministry of Justice was also present to the public hearing as observer.
The latter was merely empowered to record the suggestions and the remarks
made on the law proposal, and to present them to Minister Davit Harutiunian.
Founded in 1994 by Armenia’s first Minister of Foreign Affairs Raffi K.
Hovannisian and supported by a global network of contributors, ACNIS serves
as a link between innovative scholarship and the public policy challenges
facing Armenia and the Armenian people in the post-Soviet world. It also
aspires to be a catalyst for creative, strategic thinking and a wider
understanding of the new global environment. In 2006, the Center focuses
primarily on civic education, conflict resolution, and applied research on
critical domestic and foreign policy issues for the state and the nation.
For further information on the Center call (37410) 52-87-80 or 27-48-18; fax
(37410) 52-48-46; email [email protected] or [email protected]; or visit