NON-GOVERNMENTAL ORGANIZATION
Declaration on the Constitutional Reform
Strasbourg, 31.01.2006
Having initially failed for lack of a quorum in 2003, a revised constitution was
adopted by referendum on 27 November 2005. The changes made in the Constitution,
with the Venice Commission's assistance, will at last allow Armenia to make
progress in respecting the commitments it accepted on joining the Council of
Europe.
The Monitoring Committee notes, however, that Armenia has not taken the
opportunity offered by the referendum to ensure organisation of electoral
process, in full compliance with the Council of Europe standards, on the basic
values of the European family.
The positive outcome of the referendum is certainly to be welcomed. But the end
does not justify the means. Was it really necessary to stuff the ballot boxes
and inflate the turnout artificially to get the reform through? The conclusions
reached by the Parliamentary Assembly's Ad Hoc Committee which observed the
referendum – unfortunately at only a few polling stations – and the many media
and NGO reports can only cast doubt on the credibility of the official results.
The Monitoring Committee also regrets that the political debate on a reform of
such importance for the country's future was not on a level with the issues: the
absence of dialogue between the political groups, the belated organisation of a
genuine public information campaign, and the opposition's appeal to voters to
boycott the referendum or vote against, deprived the country of calm and
constructive discussion.
Equally regrettable is the attitude of the opposition, which withdrew most of
its members from the electoral commissions, thus depriving itself of the
possibility of contesting in court the frauds and irregularities of which it
complained.
Similarly, the Attorney General's refusal to investigate specific cases of
fraud, e.g. stuffing of ballot boxes and falsification of electoral registers,
even though these had been publicly denounced by the President of the Armenian
Parliament, can only cast doubt on the authorities' determination to promote
rule-of-law democracy. In this context, the few voters prosecuted for voting
more than once seem mere scapegoats, allowing the authorities to evade their
political responsibilities.
As far as the Monitoring Committee is concerned, Armenia's implementation of the
new constitutional provisions will be a major test of its political
determination to bring the country genuinely closer to European values. This is
a question, not just of at last adopting the legislative reforms hitherto
blocked by an unsuitable Constitution, but above all of creating a political
climate which will ensure that the parliamentary elections in 2007, and the
presidential election in 2008, respect European standards.
This will involve strengthening all the country's democratic institutions, by
comparison with the excessive powers of the presidency, and promoting
independence of the judiciary, free and pluralist functioning of the electronic
media, and effective freedom of assembly, to mention only the most urgent
priorities. In this connection, the controversy currently surrounding the
functioning of the Ombudsman's Office during the transition period leading up to
her successor's election by parliament does not augur well.
The Monitoring Committee now expects the Armenian authorities to produce a
detailed timetable for adoption of the reforms which Armenia must complete to
honour its obligations and commitments to the Council of Europe.
The Monitoring Committee will continue to work for effective co-operation
between the Council of Europe and Armenia in all areas where the Organisation
can provide political support and technical assistance. But it will also
redouble its vigilance in the coming year, to ensure that the future reforms are
fully in line with the Council's standards and requirements.
Committee on the Honouring of Obligations and Commitments by member states of the Council of Europe
