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National Minority Rights on ACNIS Agenda

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  • National Minority Rights on ACNIS Agenda

    PRESS RELEASE
    Armenian Center for National and International Studies
    75 Yerznkian Street
    Yerevan 375033, Armenia
    Tel: (+374 - 1) 52.87.80 or 27.48.18
    Fax: (+374 - 1) 52.48.46
    E-mail: [email protected] or [email protected]
    Website: www.acnis.am

    May 13, 2004

    National Minority Rights on ACNIS Agenda

    Yerevan-The fourth specialized policy seminar of the Armenian Center for
    National and International Studies (ACNIS) and the Council of Europe's
    Confidence-building Measures Program convened today at the Armenia Marriott
    Hotel. Held within the framework of the "Coordination among National
    Minorities and Information Exchanges on Minority Rights in Armenia" Project,
    the meeting was entitled "The Key Provisions of the Draft Law on National
    Minorities: Old End or New Beginning?," and brought together the leaders of
    national minority and NGO communities, relevant government officials, human
    rights advocates, academic circles, politicians, diplomats, public figures,
    and representatives of mass media and international organizations concerned
    about minority issues in Armenia.

    Karapet Kalenchian, ACNIS's director of administration, greeted the capacity
    audience with opening remarks on behalf of the Center, wishing the
    participants a productive deliberation. "Armenia should be the guarantor of
    the national minorities residing here and we, as full members of society,
    should support final resolution of these problems." Kalenchian called on the
    audience to engage in a robust and open discussion.

    ACNIS analyst and project director Stepan Safarian underscored the
    importance of the adoption of a law on national minorities, which is a
    public imperative today in several aspects. "Though the national minorities
    residing in Armenia are granted rights stipulated in the Constitution, laws,
    and international agreements and treaties, they are often deprived of the
    mechanisms and procedures to enjoy them. In addition, the law will promote
    the precise definition of the state's obligations in the fields of culture,
    education, language, and the protection of traditions. Finally, it will
    delineate minority problems, means and competent levels of resolution, and
    decision- making mechanisms," he said.

    During the first session, entitled "Defining 'National Minority' by Law,"
    Shavarsh Khachatrian, minorities expert at the Helsinki Committee of Armenia
    and research fellow of Newcastle University in the United Kingdom, reflected
    on the difficulties one encounters in applying the definition of national
    minority found in the legislation of European states. In his paper, titled
    "Defining 'National Minorities' in the International and National Arenas:
    The European Experience," he presented the contradictory perceptions of the
    definition of "national minority" against the backdrop of European
    experience, as well as the trends that are assumed and should be considered
    while applying the law. "There are several key issues to pay attention to:
    the Framework Convention does not provide a universally accepted definition
    of 'national minority', and then the definitions used today by states are
    very often arguable, since no agreement has been reached on the criteria for
    such definitions by the consultative committee set up by the Framework
    Convention," said Khachatrian.

    "Major risks of the law on national minorities and means to overcome them"
    constituted the focus of an address by Hranush Kharatian, chairperson of the
    National and Religious Minorities Board of the Government of Armenia. She
    expressed concern that the referenced law might also bring forth certain
    limitations, as a result of which rights relating to the language and
    culture of individual representatives of the national minorities or persons
    finding themselves out of the "community" group will remain solely within
    the framework of individual rights. "In any case, this or that manifestation
    of the right may be viewed as advantageous for some, and 'risky' for
    others," Kharatian concluded.

    Armenian ombudsperson Larisa Alaverdian, who concentrated mainly on the
    mechanisms that can effectively provide the rights protection of national
    minorities, was of the opinion that the problem should be comprehensively
    discussed and a consequent concept paper should be worked out before
    adoption of such a law. "No matter how hard it is, we should have the law if
    there is a demand for it. Otherwise it can turn into a formal document
    without force, unable to protect the group rights of the community," noted
    the rights defender.

    The second session on "Active State Policy in the Educational and Cultural
    Life of National Minorities and Its Stipulation in Armenian Legislation"
    began with the presentation by Nouridjan Manoukian, chief of the Control
    Department at the Board of Secondary Education of the Ministry of Education
    and Science, on "The Key Provisions of Active State Policy in the Sphere of
    National Minorities' Education." The major obstacle one encounters while
    receiving education in a mother tongue, he maintained, is not the lack of
    the law but the lack of educators and textbooks which results a close
    circle. "For want of educators there is a lack of graduates, for want of
    graduates there is a lack of applicants to higher educational institutions,
    for want of applicants to higher educational institutions there is a lack of
    educators," stressed the government official.

    The session concluded with a paper on "The State's Cultural Policy in
    Preserving, Developing, and Disseminating the Culture of National Minorities
    Residing in Armenia" delivered by Garnik Guyumdjian, chief of the Department
    for State Programs, Cultural Cooperation, Education and Science of the
    Ministry of Culture and Youth Issues. In his view, the following benchmarks
    are of importance in this field: encouraging creative activity, preserving
    cultural heritage, disseminating cultural values, realizing human potential,
    and the legally and economically regulating cultural development. As to the
    need for a law on national minorities, Guyumdjian argued that sufficient
    protections already exist. "We moreso need today to support the cultural
    organizations and compatriotic unions of national minorities with clear-cut
    programs and to make them participants in policy making and implementation
    processes."

    The seminar was followed by a lively roundtable of views among Siaband
    Bakoyan, chairman of the "Ezdikhana" association's political council;
    Alikhan Shababian, representative of Nor Nork district council; Hasan
    Hasanian, head of the Yezidi religious organization "Followers of Sharfadin"
    ; Rabbi Gersh Bourstein, head of the Mordekhay Navi Jewish Community of
    Armenia; Arsen Mikhailov, chairman of the "Atur" Assyrian union; Irina
    Gasparian, representative of the Assyrian community; Charkyaze Mstoyan,
    chairman of the "Kurdistan" committee; Slava Rafaelidis, representative of
    the Greek community and chairman of the Council of Armenian Nationalities;
    Romania Yavir, chairperson of the Ukrainian community in Armenia; Aida
    Haroutiunian, chairperson of "Harmony" NGO; ACNIS analyst Hovsep
    Khurshudian; Armenouhi Hovannisian, executive director of Junior Achievement
    of Armenia; Vardan Astsatrian, the coordinator on national minorities and
    religious issues of the social department of the Armenian government;
    parliamentarian Vazgen Khachikain; Gayane Terzian, representative of the
    "Mkhitar Sebastatsi" educational complex; Mara Sahakian, chairperson of the
    Civitas NGO; Avetik Ishkhanian of the Armenian Helsinki Committee; and
    Gayane Markosian of the "Harmonious World" NGO.

    Despite some reservations, the discussants underlined the importance of the
    law on national minorities, and made practical proposals for enforcement of
    national policy in educational, academic, and cultural life and in other
    domains.

    The fifth and final seminar in ACNIS's minorities series, entitled "The
    Rights of Armenian National Minorities in 2003: An Annual Report to the
    Council of Europe," will take place in June, and will be followed by
    preparation of a comprehensive report on Armenia's minorities for the
    Council of Europe in Strasbourg.

    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 2004, the Center focuses
    primarily on public outreach, civic education, and applied research on
    critical domestic and foreign policy issues for the state and the nation.

    For further information on the Center and its activities, call (3741)
    52-87-80 or 27-48-18; fax (3741) 52-48-46; e-mail [email protected] or
    [email protected]; or visit at www.acnis.am.
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