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Armenia The new constitution “illegal” would make spontaneous gatherings

July 30, 2015 By administrator

arton114585-480x271Civic activists and opposition members in Armenia consider the proposed amendment to the constitutional article on freedom of assembly as an attempt by the authorities to abolish the notion of rallies “spontaneous”.

Unlike the current article of the constitution which clearly states that “everyone has the right to freedom of peaceful assembly, without arms”, some restrictions are proposed in the new amendments.

Thus, one of the changes called for “notification” of outdoor meetings “within reasonable time”.

Some eminent specialists in law of Armenia consider this provision as potentially “dangerous”.

Ara Ghazarian, a specialist in international law, believes that in this case the new Constitution does in fact leave no room for spontaneous gatherings.

“If passed in this form, in practice, the outdoor gatherings can be inferred that can not be held that the prior notification requirement, and that otherwise they may be unconstitutional,” a-t- he adds.

Sanasarian David, a leader of the civic group standing Armenia, currently campaigning against rising electricity prices, for its part considers that spontaneous meetings have created problems for Armenian authorities and they want s’ rid of it.

“They want to be informed in advance of these initiatives to visit citizens in their homes and create to create their problems,” he says.

Armen Martirosian, the opposition Heritage party, has also expressed concern about another article of the draft Constitution, which deals with freedom of assembly, in which the right may be limited not only in order to ensure national security , public order and crime prevention but also for “the protection of morals”.

“There is no ideal state in the world where the moral standards would also be constitutional standards because it is moral for me perhaps immoral for someone else, and vice versa,” he said.

The main criticism of the main opposition parties of Armenia regarding the draft constitutional amendments, which were unveiled by the reform committee earlier this month is that they attempt to “perpetuate” the power the current party affairs by the transformation of Armenia into a parliamentary republic.

The Heritage party, the Armenian National Congress and some other opposition parties insist that President Serzh Sargsyan, in which the current Armenian Constitution prohibited from seeking a third presidential term, would provide to ensure its continued leadership in another function after finishing his term in 2018.

Last year, Sargsyan promised not to seek a high responsibility position if the constitutional reform was carried out.

Thursday, July 30, 2015,
Ara © armenews.com

Filed Under: Articles Tagged With: Armenia, Constitution, illegal

Draft amendments to Armenia’s Constitution can be substantially discussed – MPs

July 16, 2015 By administrator

f55a7a10516e1e_55a7a10516e56.thumbIn an interview with Tert.am, Tevan Poghosyan an MP of the Heritage party, commented on the draft Chapters 1-7 of Armenia’s new Constitution.

According to him, the draft contains defects, which need correcting.

Hovhannes Sahakyan, Chairman of the Standing Committee on State and Legal Affairs, Parliament of Armenia, notes that a Constitution is a most complicated document and numerous issues related to the draft naturally need to be discussed and submitted to the public.

Mr Poghosyan primarily highlights confidence in the election system as he does not think any confidence-inspiring mechanisms are available and the Constitution will be enforced.

“I am more interested in the process than in the defects of the text given the fact that I am not sure of whether the results will correspond to the facts,” the MP said.

He is not sure of whether the public needs the amendments. He sees a need for a survey. The revised draft envisages a switchover to parliamentary government with reduced presidential powers. On the other hand, it says the president is head of the state and it is not clear what is going to be practiced.

As regards electorate organization, Mr Poghosyan said that it is unclear what law is going to regulate it.
“There is no sense in forming an opinion of defective things, and it is processes that need more attention.

Presenting your opinion on the text would be more an intellectual exercise,” he said.

Mr Poghosyan points out a need for public demand for constitutional amendments. However, Armenian citizens have no clear idea of how the Constitution works or of the need for amendments.

“Armenia’s current parliament has very good powers. However, since the parliamentary majority is capable of settling any issue, the Parliament does not use half of its powers. Therefore, how can I be sure that powers envisages by the draft amendments will be put into practice,” the MP said.

Elaborating on the government system he said that he prefers parliamentary government.

“I am for the European model, but I cannot impose it on society.”

As regards opposition forces powers, Mr Poghosyan mentioned a number of weak points.

For his part Mr Hovhannes Sahakyan highlights parliamentary elections by means of the proportional representation system, a switchover to parliamentary government, and supervisory Parliament-Government mechanisms envisaged in the draft amendments.

Source: tert.am

Filed Under: Articles Tagged With: amendments, Armenia, Constitution

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