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Challenges ahead for Armenia's constitutional vote

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  • Challenges ahead for Armenia's constitutional vote

    Eurasianet, NY
    September 14, 2005
    X-Sender: Asbed Bedrossian <[email protected]>
    X-Listprocessor-Version: 8.1 -- ListProcessor(tm) by CREN

    CHALLENGES AHEAD FOR ARMENIA'S CONSTITUTIONAL VOTE

    by Haroutiun Khachatrian


    After a brief and uncharacteristic period of cooperation, the
    Armenian government and opposition are back on a collision course
    over constitutional reform. The opposition's refusal to accept
    President Robert Kocharian's proposed changes to Armenia's
    constitution has also put it at loggerheads with the international
    community, which has backed the amendments.

    At a September 1 extraordinary session, Armenia's National Assembly
    adopted the government's proposed constitutional amendments in the
    second reading. Despite pressure from members of the ruling coalition
    and representatives of Western countries, the main opposition parties
    declared that they would not support the draft in a referendum
    scheduled for November.

    The four-day parliamentary session resulted in a series of amendments
    designed to downplay presidential powers and gain the approval of the
    Venice Commission, the Council of Europe advisory body for
    constitutional law, which had rejected an earlier draft in May as
    unsatisfactory. Opposition members, who interrupted their
    one-and-a-half-year boycott of parliament to attend the special
    session, refused to take part in the final vote on the proposed
    amendments.

    Besides the Council of Europe, the draft was publicly endorsed by the
    Organization for Security and Cooperation in Europe's Yerevan mission
    and the US and British ambassadors.

    In an interview published in the August 26-27 edition of the Hayots
    Ashkhar daily, British Ambassador Thorda Abbot-Watt rejected calls
    for a `color revolution' during the November vote, and stressed that
    the European Union, whose rotating presidency the United Kingdom
    currently holds, `prefer evolutionary ways of development rather than
    revolutionary ones.' The vote on the revised constitution is part of
    that process, the ambassador implied.' Let's not forget that what we
    deal with is not a regular election or a referendum of confidence in
    connection of the previous elections. We deal with the constitution,
    a document predetermining the principal directions of the country's
    development.'

    Nonetheless, the government faces considerable obstacles in securing
    a `yes' vote for its amended constitution this November. Putting
    voter lists in order is one sizeable challenge. Overcoming public
    apathy is another. Disinterest in the topic of constitutional reforms
    notably increased after parliamentarians were broadcast live on
    public television hurling insults at each other during the
    legislature's special session. Public awareness of the proposed
    changes is also relatively minimal since the proposed constitution
    has not yet been published. An earlier version was posted on the
    National Assembly's website, but less than 10 percent of Armenians
    have Internet access.

    In addition, President Robert Kocharian must demonstrate to the
    international community that the vote is free and fair. In an August
    26 statement, Ambassador John Evans termed the revised constitution
    `a notable step forward,' urging the government to take `the
    necessary steps . . . to increase public awareness about this
    important process so that a well-informed public can express its will
    in the referendum scheduled for November.' Secretary of State
    Condoleeza Rice has recently raised the importance of a transparent
    vote with President Kocharian, the US State Department has announced.


    If adopted, the revised constitution would enter into force two years
    from the referendum.

    The government appears to believe that the success of the referendum
    is not guaranteed, however. Defense Minister Sergei Sargsian, widely
    seen as a potential presidential candidate, was quoted by the Russian
    news agency Regnum as emphasizing that a `no' vote in November would
    not mean a vote of no confidence in the Kocharian administration.

    `I will not consider that the people have expressed their distrust in
    the authorities,' Sargsian said on September 1. `As you remember,
    there were referenda in European countries that were not adopted
    either. However, this was not interpreted as distrust in the
    authorities.'

    Western countries' endorsement of the draft constitution reinforced
    the ruling coalition's own campaign for both ordinary Armenians' and
    the opposition's support for the amendments. `Do you suppose that we
    have bribed these foreign governments?' Galust Sahakian, leader of
    the pro-government Republican Party faction, asked opposition members
    during the parliamentary debates. In reply, Shavarsh Kocharian
    claimed that US Ambassador John Evans had compared the process of
    democratization in Armenia with that in Iraq. `Why should we take
    Iraq rather than the European democracies as a standard?' he asked.

    At the Venice Commission's urging, the amendments adopted by
    parliament were intended to pass greater powers from the president to
    parliament and the prime minister. Among other provisions, for
    instance, they call on the National Assembly to appoint the human
    rights ombudsman and members of the National Radio and TV commission.
    The president has also been removed from the Council of Justice, a
    body that plays a key role in appointing judges.

    While opposition parties had earlier pushed for such changes, in the
    end, they declared them insufficient. Shavarsh Kocharian, a member of
    the opposition bloc Ardarutiun (Justice), said his faction was not
    satisfied with the fact that under the amended version, the president
    would still have the power to appoint chairmen of courts. The
    opposition also took issue with the failure to provide for direct
    elections of the mayor of Yerevan. According to the draft, a special
    law to be adopted later will determine the type of elections for this
    position.

    Political rhetoric heavily colored the opposition's response.
    Ardarutiun leader Stepan Demirchian stated that his bloc would say no
    to the referendum and `the illegal authorities,' since `no steps are
    taken to create an atmosphere of confidence.' The National Unity
    faction adopted a similar position, saying that they would support
    the amendments only if the November constitutional referendum was
    followed by early parliamentary, and then, early presidential
    elections. Deputies from both factions left parliament the day before
    the vote on the constitutional amendments.

    NOTES: Haroutiun Khachatrian is a Yerevan-based writer specializing
    in economic and political affairs.
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