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A History of the Armenian Constitution

April 1, 2017 By administrator

With the upcoming Parliamentary Elections on April 2, it is crucial for people to be informed. Voting—particularly in the upcoming election—is extremely important. (Photo: Photolure)

By Serob Abrahamian,

Walking around in Armenia and engaging in political conversation with any person of any class, gender, age, and background, one gets the sense that trust in the government is at an ultimate low today. Continuing the conversation and trying to get to the root of the problem, one then comes across the saying “one person controls everything in the country.” Armenians are accustomed to and have accepted that they have a king (tagavor) and they must serve their leader for the good of the nation.

Let’s dig a little deeper: Why do we have a supreme leader? Why do we have such a centralized system where one person can control so much, a system where the winner takes all and the losers suffer until the next elections.

The power of the President comes from the Constitution. The first Constitution adopted by the current Republic of Armenia was in 1995. The Armenian National Movement and its leader Levon Ter-Petrosyan, who was the President at the time, was in favor of this Constitution, which would set up a semi-presidential system.

The President would receive some extraordinary powers under this constitution. Some of which included the following:

  • Appointing and dismissing the Prime Minister and members of the government;
  • Dissolving the National Assembly and calling special elections;
  • Appointing 5 out of 9 members of the Constitutional Country, including the President;
  • Appointing the Prosecutor General;
  • Appointing the members of the Judicial Council and participate in meetings with authority;
  • Appointing the Mayor of Yerevan.

As you can see above, this was the start of a hegemonic structure of governance in Armenia.

So where was the opposition to such a strong Presidential system? Well, the Communist Party of Armenia opposed the constitution and called it a super-strong presidential system. Ruben Hakobyan, a member of the Armenian Revolutionary Federation (ARF) Central Committee of Armenia at the time, described the constitution as a “constitution of dictatorship.”

A bloc was formed with six opposition parties and an alternative constitution was presented that would decentralize power and expand it towards the parliament and local authorities. Of course, with the resources Levon Ter-Petrosyan had at hand, especially with state media, the people of Armenia were told that there would be riots and chaos if the referendum did not pass. The opposition—led by the Armenian Revolutionary Federation (ARF)—was put in jail and banned from the country just months before the constitutional referendum and parliamentary elections took place. The referendum passed with 70% of the voters voting in favor, and it was officially adopted. A strong opposition voice was then silenced.

In 2003, during the Robert Kocharyan era, a constitutional referendum was held. The new constitution took away some of the powers held by the President. More than 50% of the voters voted for the constitution and 49% voted in opposition. The new constitution did not pass because the required number of voters for the constitution to pass needed to be more than one-third of the total number of registered voters at the time.

Again in the Robert Kocharyan era, just a couple of years later in 2005, another constitutional referendum took place. This constitution allowed diaspora Armenians to obtain dual-citizenship; took some powers away from the President and gave it to the Prime Minister and National Assembly; and gave the judiciary more independence, given that the President would no longer have the power to be a part of the Council of Judges and that they would be elected, not appointed, by the President. The constitutional referendum passed with 94% of the vote. It is important to note that the opposition called on the voters to boycott the referendum. They cited that although the President would have less power in some spheres, the constitution would strengthen the President’s immunity as well.

The most recent constitutional referendum which was held in 2015 during Serge Sarkisian’s second term in office, which completely changed everything that we have seen in the last two decades in Armenian political life. The referendum was passed with around 66% for and 33% of voters against the referendum. It is important to note that the law for constitutional referendums had been changed months prior to the referendum. For this constitutional referendum, only one-fourth of the total number of registered voters was necessary to vote for the constitutional to pass.

With the new constitution, the Parliament would elect a Prime Minister and he or she would be in charge of the government and its various ministries. Now, when people have a complaint about the decisions made by the Prime Minister or the government in general, their voices can be easily heard as their representatives in Parliament have more power now than they did in past years.

With the new constitution, minorities will also be represented in the Armenian Parliament. Although they do not represent a large portion of the population, Armenia took a big step for human rights and included them in the Parliament.

There will still be a President, but the President will hold almost no power at all, it will mostly be for ceremonial purposes and have a one-time seven-year term.

Coalitions are expected to be formed. What does this mean for the average citizen in Armenia? In essence, this means that the political parties in power need to come together and form policies that are going to be beneficial to a larger spectrum of the population. There will be more people from different political parties in different positions of authority, creating a more transparent government. This is likely to increase accountability in government, too.

There were many political parties who were opposed to the last constitutional referendum, but the ARF and the ruling Republican Party of Armenia (RPA), through their cooperation, brought forth a new style of government with this change.

With the new constitution, political parties are expected to work together for the advancement of the nation and for the solutions of its problems. Political parties need to find common ground and similarities on different fronts and join forces to solve these issues. The new constitution has paved the way for democracy, equality, and justice. Unfortunately, a portion of Armenia still does not know that this is the system that we will have in 2018 when the President finishes his second term.

I wrote this article because it is difficult to try to answer and fit all this in a minute of conversation. With the upcoming Parliamentary Elections on April 2, it is crucial for people to be informed. Voting—particularly in the upcoming election—is extremely important.

Do your homework. Look at the biographies and histories of those asking for your vote. Do your due diligence for your people. Be part of the new system that represents your voice like never before. Be part of the new beginning.

Source: http://armenianweekly.com/2017/04/01/a-history-of-the-armenian-constitution/

Filed Under: Articles Tagged With: Armenian, Constitution

Sputnik Report: Full Text of the New Syrian Draft Constitution, Damascus rejects

February 1, 2017 By administrator

The new Syrian constitution, drafted by Russia and presented to opposition leaders, has been obtained by Sputnik. Below is the full text.

Damascus rejects Russia’s proposal on Kurdish autonomy in Syria

Syrian Constitution, Page 3 

Read more:  https://sputniknews.com/middleeast/201701311050216226-syrian-constitution-full-text/

Filed Under: Articles Tagged With: Constitution, draft, Syrian

Referendum on Nagorno-Karabakh Republic Constitution May Take Place in February

January 15, 2017 By administrator

The referendum on constitutional amendments in the self-proclaimed Nagorno-Karabakh republic is likely to take place in February, deputy speaker of National Assembly, the republic’s parliament, Vahram Balayan, said Sunday.

YEREVAN  The referendum will be conducted if the parliament approves the amendments bill, the deputy speaker underlined.

“The referendum will most likely take place next February,” Balayan told the Armenian News.

The Nagorno-Karabakh parliament will vote on the bill on January 7. The document envisages the change of form of governance in the self-proclaimed country – from the current semi-presidential republic to the presidential republic.

The parliament also approved the proposal of the ARF-D parliamentary faction to add the provision to the bill that one and the same person can not be elected as a prosecutor general and chairman of the Control Chamber more than twice, Balayan added. Azerbaijan’s Armenian-dominated breakaway region of Nagorno-Karabakh proclaimed its independence in 1991. After the military conflict ended in 1994, Azerbaijan lost control over the region. Violence erupted in Nagorno-Karabakh on April 2, 2016 and led to multiple casualties. The parties to the conflict signed a Russian-brokered ceasefire on April 5, but mutual accusations have not stopped so far.

Filed Under: Articles Tagged With: Constitution, Karabakh, referendum

Constitutional reforms in Nagorno-Karabakh propose reshaping president’s role

August 16, 2016 By administrator

constitional-reformNagorno-Karabakh’s amended Constitution bill, published by the country’s National Assembly earlier today, proposes a unique model ensuring a co-existence between the parliamentary and presidential governments.

According to a concept enclosed to the basic document, the preferred model should be anchored on the key principles of a presidential government, highlighting at the same time the parliamentary counterbalances’ active role.
Such a model would raise the president’s accountability to the parliament to be formed by himself or herself. The parliamentary majority will then be vested with the mandate to impeach the president, the move potentially entailing the legislative’s dissolution. Whenever the president decides to dissolve the National Assembly, he or she will have to step down, necessitating a new presidential election.

 

“A fundamental advantage of such a system is that the authority to elect the cabinet will be vested in the people as opposed to political parties [whose decisions are normally made] behind the scenes. It is often the accepted practice in multi-party countries. On the other hand, it helps resolve the controversies between the cabinet and parliament, which is often one of the weakest points in a presidential system. With both being entitled to suspend one another’s authority provided they also lay down theirs, the opposing majorities’ problem will thus be resolved through a vote of no-confidence or a decision to dissolve the parliament,” reads the document.

Under the proposed draft, the president, elected directly through general elections, will head the cabinet of ministers. Presidential and parliamentary elections will be conducted on the same day.

 

In the event the president’s seat remains vacant (due to the expiry of his/her term in office), the National Assembly will be vested with the authorities of the latter.

 

The president will have the power to dissolve the National Assembly.

 

Presidential contenders may be proposed only by political parties running in parliamentary elections.
The president will have the power to appoint or sack ministers. He or she will also have the right to veto (which can be repealed only by the National Assembly in case of a majority of votes).

 

Based on a decision by the country’s Supreme Court, the National Assembly will have the right to impeach the president (with 2/3 majority of votes) for crimes such as high treasons or other serious offenses.

 

The amendments on agenda do not allow the president two run for office for more than two consecutive terms. The bill also proposes that the proportional representation system be the only procedure for electing the legislative.

Tigranuhi Martirosya

Filed Under: News Tagged With: amended, Bill, Constitution, Nagorno-Karabakh’s

Today marks 21st anniversary of Armenia’s Constitution

July 5, 2016 By administrator

Armenian constitution dayJuly the 5th is annually celebrated as the Day of Constitution in Armenia.
The independent republic adopted its basic law in the wake of a universal referendum in 1995. This anniversary, however, is different from all the previous ones, as the country has now made a transition to the parliamentary form of government. After the 2015 constitutional referendum, Armenia practically adopted a new model of forming parliament, switching over to the 100% proportional representation system.
Although December 6, 2015 is officially known to be the new Constitution’s effective date, the transitional provisions contained therein make the state and society still feel somewhat “between” two constitutions.
The new Constitution was first enforced in February when the National Assembly’s Standing Committee on State and Legal Affairs elected the ombudsman. It will be implemented a second time during the local government elections in Yerevan and the second largest city of Gyumri. The new procedure requires that only political parties run for elections with proportional representation ballots.
Speaking to Tert.am, Edmon Marukuyan, a parliament member who is a lawyer by profession, said he sees differences between the Constitution’s text and the mechanisms of implementation. “[A lot depends on] who is responsible for the implementation and what political elite they shape ‘to bring the text to life’,” he said, not ruling out the possibility of discrepancies.
Marukyan stressed the importance of interpreting and implementing the basic law in good faith, admitting at the same time that the Republican Party of Armenia, as the only governing political force, has predominant positions over the other parties.
According to Artak Zeynalyan, a public and political figure specializing in legal studies, Armenia needs “two democratic elections” to give life to the new Constitution. In his words, officials still keep violating the basic law, ignoring particularly Article 3 thereof (establishing state guarantees to ensure fundamental human rights and freedoms).

Arthur Ghazinyan, the founder and head of the Yerevan State University’s Center for European Studies, says despite the Constitution’s 20-year history and the recent referendum, constitutional life hasn’t yet become constitutionalized among the citizens of Armenia.
“Constitution is not yet being perceived as a normative [legal] act regulating routine life in the human-to-human relationship or human-state dialogue. We haven’t to date developed that understanding; that’s a deep-rooted problem that has to be resolved over the course of years. And although the Constitution is cited in all the debates, people do not perceive and understand it. The population needs to understand that the constitution is the key normative act regulating their  routine life as it does in Europe and the United States,” Ghazinyan added.

 

Anush Dashtents

Filed Under: Articles Tagged With: anniversary, Armenia’s, Constitution, marks 21st, today

Turkey’s parliament speaker Kahraman demands Islamic constitution, no place for secularism

April 26, 2016 By administrator

0,,19214449_303,00(DW) Ismail Kahraman, head of the parliament in Ankara, has said the country needs an Islamic constitution. He said Turkey was a Muslim nation and there was no place for secularism

“We are a Muslim country. That is why we need a religious constitution,” Kahraman, who belongs to President Recep Tayyip Erdogan’s AKP party, said on Tuesday. He was speaking at a conference with academics and authors from Islamic countries in Istanbul.

Lamenting the fact that, unlike in other Middle Eastern countries, the word Allah did not appear in the current version of the Turkish Constitution even once, the AKP politician also pointed out that the country’s current constitution was not secular: There were many religious holidays and lessons for students that the document prescribed for Turkey’s citizens.

“Why should we, as a Muslim country, distance ourselves from religion?” Kahraman asked. He said that the French and Irish Constitutions were the only ones that used the word “secularism” other than Turkey, but that each country interpreted the word as it liked.

The ruling party, AKP, distanced itself from Kahraman’s statements. Mustafa Sentop, the head of the AKP’s constitutional committee in parliament, said the speaker was not speaking “on behalf of any party.”

There were also reports of protests in front of the parliament in Ankara. Turkish reporter network 140 Journos posted this video on Twitter:

Filed Under: Articles Tagged With: Constitution, Islamic, Speaker, Turkey

Armenia: New Draft Constitution in line with democracy standards – Venice Commission

October 24, 2015 By administrator

f562b52b5a5334_562b52b5a536a.thumbMembers of the Venice Commission on Friday hailed the finalized draft of Armenia’s new Constitution, considering the proposed amendments in line with international democracy standards.
The document was approved at the Council of Europe’s session, “Democracy through Law”, attended by the Commission members Taliya Khabrieva (Director, Institute for Legislation and Comparative Law), Sergio Bartole (Emeritus Professor of Constitutional Law, University of Trieste) and Aivars Emdzins, as well as representatives from 60 countries.
The preliminary conclusions on Chapters 1-7 and 10, and the second preliminary conclusion on Chapters 8, 9 and 11-16 of the Draft Constitution were prepared by Mr Bartole and Mr  Emdzins.
According to a press release by Armenia’s National Assembly, Speaker Galust Sahakyan was also present at the meeting.

Report: Tert.am

Filed Under: News Tagged With: Armenia, Constitution, Islamic Kurdish Parties Reassert Stance on Constitution, new

New Constitution of Armenia may be example for other countries: Sec-Gen of European Ombudsman Institute

October 23, 2015 By administrator

EU-OmbudsmanThe Constitution of Armenia may serve as an example for other countries if the proposed amendments are effectively used, Secretary-General of the European Ombudsman Institute, Josef Siegele, said today  at the discussion  ‘Human Rights in the Draft New Constitution’ organized by the Office of Armenian Human Rights Defender (HRD).

He said that everyone, including the HRD and civil society, should struggle so that the draft amendments – in the event of their adoption at the referendum in the winter – could be applied appropriately.

J. Siegele said they are following the constitutional reform process in Armenia and are familiar with the opinions of the Venice Commission.

According to him, the draft new Constitution contains many important provisions on human rights protection. He pointed out  the lifting of restrictions on convicts’ electoral right is a positive move.

Armenian President Serzh Sargsyan on August 21 sent the draft constitutional amendment to the country’s parliament. The draft was developed by the Special Commission on Constitutional Reforms adjunct to Armenian President. Following the debates, the Armenian parliament adopted on October 5 the draft decision of the National Assembly on its consent for the document to be put to a referendum. The decision was passed by a majority of the votes: 104 MPs voted in favor, 10 against, with 3 abstentions. The draft was supported by the factions of the ruling Republican Party of Armenia (RPA), and opposition ARF-Dashnaktsutyun (ARFD) and Prosperous Armenia Party (PAP). Opposition factions ‘Heritage’ and ‘Armenian National Congress (ANC), and 2 MPs of opposition faction ‘Orinats Yerkir’ voted against. The Armenian president set December 6, 2015 as the date for the constitutional referendum. The campaign for the constitutional reform in Armenia began on October 10 and will end at midnight of December 4.

Source: Panorama.am

Filed Under: Articles Tagged With: Armenia, Constitution

Opinion: The Armenian Diaspora needs an own Constitution

August 28, 2015 By administrator

By Appo Jabarian, USA Armenianlife

arton115466-399x254It is not by a coincidence that millions of Armenians are in a diaspora.

Essentially, the Armenian Diaspora is a particular feature of almost a century of existence. It represents almost 75% of the Armenian population of the world.

If you ask an Armenian question in Yerevan, Stepanakert, or even Paris, Moscow, New York, Marseille, Tokyo, Tehran, Berlin, Beirut, Bourj Hammoud, Ainjar, Kessab, Damascus, Jerusalem, Cairo, Buenos Aires, Hong Kong, Sydney and in other places where the Diaspora, what he wants most for his people, his answer could be frequently: “The survival of the Armenian nation.”

If the question presented was: “What do they say meant by survival of the Armenian nation? “Many were asked” Survival of the Armenian state and the Armenian Diaspora. “

We the People…

In another question in the suite could be: “How can this survival? “It is very possible that the answer is” By systematically building the two entities. “

The times of the Soviet regime, after his fall and resurgence of Armenia as an independent state in 1991, the Armenian diaspora has proven to be indispensable.

During the liberation war of Artsakh against Azerbaijan, during the current political struggle against an omnipotent Turkey economically and politically and against its ally Azerbaijan, it is recognized that the Armenian Diaspora has become a decisive factor in favor of Armenia and Artsakh.

In recent decades, because of his vigilance and his pro-Armenian activity, the Diaspora has sought to provoke Turkey’s ire on several occasions.

Despite the fact that the Diaspora is not organized as it should be in it either, it is still dynamic, and on such fundamental issues as stability, protection and security of the nation with its two republics Armenia and sisters of Artsakh and its large diaspora, it is decidedly action-oriented.

But it could be that the coming decades are carriers of extreme challenges towards Armenia and the Diaspora.

The Armenian nation does not deserve the homeland and the Diaspora will engage in against the performance-one over the other, and so to the detriment of the nation as a whole.

In other words, the two segments of the nation must work together much like a German or Japanese car – durable, reliable, modern, practical, harmonious, efficient and always open to improvements. These two integral parts should continuously and indefinitely strive to maintain a synergistic coexistence.

Civil society in Armenia-Artsakh has a fundamental right: the Armenian Constitution which provides and regulates the rights and duties of the various branches of government.

For its part, civil society, the Diaspora does not have at its disposal a constitution nor a code of common rules and regulations that promote and maximize individual and collective work.

Some organizations in the Diaspora can claim that they have their own internal constitution or rules. However, there is no Constitution of the Armenian Diaspora that obliges and organizes the diaspora as a whole.

The Armenians of the Diaspora are entitled to organize themselves as a transnational community with the famous motto “all for one, one for all! “.

They have the right to declare themselves as holders of shares or ownership rights to a supreme structure of their diaspora democratically elected and therefore all organizations. It is a sacred right comes with rights and duties.

Under the Constitution of the Diaspora, all organizations and institutions based on faith or the community, should be treated as assets and cash on the balance sheet of the nation, and be accountable to the entire nation, morally and financially.

As beneficiaries of the moral and financial support of the Diaspora, all organizations must be signatories of a recognition or a Memorandum of accountability and transparency.

A very active diaspora and malfunctioning can be regenerated by a Constitution that definitely will give positive energy to the base, rehabilitate more defective organizations and ultimately promote a transnational together quite active and supportive.

Do we need unity or a framework for emulation and cooperation?

We need to Armenians a framework for emulation and cooperation under one constitutional dome. Such a framework can be developed and maintained by a Constitution of the Diaspora living.

By Appo Jabarian, USA Armenianlife

Head of Publication, Publishing Director

 

Friday, August 28, 2015,
Jean Eckian © armenews.com
Other information available: on Armenian Life Magazine

Filed Under: Articles, Interviews Tagged With: Armenian, Constitution, Diaspora

Revised Constitution: NA to elect Prosecutor General, CB chairman

August 5, 2015 By administrator

195637The Special Commission for Constitutional Reforms published a preliminary draft of chapters 1-15 of the Constitution for public discussion on the official website of the Ministry of Justice.

8 more chapters have been added to the previously announced 7 chapters, which have also been amended.

The fifth chapter of the constitution states that the President of the country can be elected for a 7-year period (instead of the current 5) and can serve only one term (instead of the current two). The council of electors, consisting of members of the parliament and an equal number of representatives of self-governing bodies will elect the President.

According to the 4th chapter of the amended Constitution, no less than 101 members can be elected into the parliament (instead of the current 131) for a 5-year period on a proportional electoral system (instead of the current proportional and majoritarian systems).

Chapter 8 of the Constitution establishes that the National Assembly appoints the Prosecutor General, who can run no more than two terms of six years each. The parliament can also dismiss the Prosecutor General.

According to chapter 9 on local self-governing bodies, community heads and councils of elders are elected for a 5-year period (instead of the current four).

The 14th chapter of the draft Constitution refers to the Central Bank, the chairman of which is elected by the National Assembly for no more than two terms of six years each.

Filed Under: Articles Tagged With: Armenian, Constitution, revised

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