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  • Formalities Before Ratifications

    FORMALITIES BEFORE RATIFICATIONS
    Armine Avetyan

    http://168.am/en/articles/7171
    February 23, 2010

    Yesterday for the first time the Armenian-Turkish protocols
    were formally discussed in the National Assembly. Indeed, during
    yesterday's session of the Foreign Relations Committee of the NA they
    have discussed not the contents of the protocols but the procedures
    of the discussion of the protocols.

    Urgent issue

    Before the launch of the discussion of the procedures of the
    discussion, during the session the head of the NA secretariat
    Tatoul Soghomonyan entered to the room. At that time the head of the
    committee Armen Rustamyan said that the government has submitted to
    urgent discussion of the NA the draft amendments to Armenia's Law 'On
    International Treaties' and that this draft should be discussed in the
    urgent session of the NA as well. They went to break immediately after
    that. The deputy-minister of foreign affairs Shavarsh Kocharyan arrived
    to present the draft. This draft also related to the protocols. Let
    us remember that approximately two months ago the president of
    Armenia Serzh Sargsyan announced that he has assigned the relevant
    bodies of Armenia to prepare amendments to the law on international
    treaties. "This is evidence that the assignment of the president
    is being abided," said Kocharyan. "If these were not the well-known
    protocols perhaps so much attention would not be drawn to this law
    and the omissions that exist there," added Rustamyan.

    According to this initiative the RA President, Prime Minister and the
    Foreign Affairs Minister will acquire the power to call back or annul
    international treaties by only informing the second party of that. "I
    want to clarify to avoid creating the impression that the meaning of
    the changes is that there is a decision that we should quickly quit
    the process," Kocharyan explained. "The Armenian side sincerely seeks
    to implement the protocols. On the other hand, we will never tolerate
    this whole process being used for advancing preconditions," he warned.

    The head of the foreign relations committee, meanwhile, has formally
    requested the speaker not to bring up the protocols for discussion
    until the parliament receives his committee's conclusions. Armen
    Rustamyan, a senior lawmaker from the Armenian Revolutionary
    Federation (Dashnaktsutyun), one of the key critics of the protocols,
    said Hovik Abrahamyan has not yet provided a clear response to the
    request. During preliminary discussions of the protocols on Friday
    the key parliamentary committee dominated by pro-government lawmakers
    decided to set up a five-member group to work out, within a week,
    a procedure in which the protocols will be discussed by the body.

    Rustamyan complained of the circumstance that only the President and
    the Executive branch bodies can have the power to annul the treaties.

    He suggested that the An should also have the power to do so. "The
    Parliament has a better power to ratify or not ratify," opposed
    Kocharyan. This draft has deserved quite tense discussions in
    the session of the committee. Is this an alarm to deflect from
    the process of normalization of Turkish-Armenian relations? If the
    law on international treaties has so many omissions why have they
    decided to amend the part that relates to cancellation and annulment
    of treaties and agreements? These questions were asked by the head
    of the Heritage faction Stepan Safaryan. The MP also added that
    this draft creates an opportunity to cancel the protocols they are
    against that. In his words, besides this flaw there are many others
    in the law. "This law has a purpose so that we'd allow our country
    to have tools by which to protect our state interests. And we should
    maximally enlarge the arsenal of these tools. But are we doing the
    necessary changes coming from the current situation. I think that this
    is not complete and for that we have our package of recommendations,"
    Rustamyan said. Armen Rustamyan also said that "as things stand now"
    the foreign relations committee dominated by pro-government lawmakers,
    including representatives of the Republican Party, is likely to provide
    a positive conclusion on the protocols. Rustamyan, though, contended
    that his arguments as well as those of another opposition party's
    committee member "cannot fail to have some impact on the discussion."

    "This is a matter of crucial importance, and therefore the sessions
    could last for several days," said Rustamyan, adding that after
    the completion of preliminary discussions a separate meeting will
    be appointed for the committee to reach its conclusion. "This law
    should allow us deflecting from the protocols any time we feel the
    need," concluded Rustamyan. As a result, the committee indeed gave
    a positive evaluation to the initiative pf the government to include
    this issue in the agenda of the NA session. And the former chairman of
    the NA Tigran Torosyan assumes that this draft is a tool to pressure
    on the Turkish side to ratify the process. "But I am more than sure
    that this pressure is not going to affect Turkey at all. Moreover,
    I think that there was even no need to submit such a draft because if
    the protocols are not ratified the parties can any time cancel those
    and deflect from the process. By this everything will be over. In these
    cases it is better to have a clear vision and position rather than
    take unclear strides. They could have brought the protocols to the
    National Assembly and let the MPs vote based on their conscience and
    convictions. The RA government thinks that if an agreement is signed
    it should be ratified by all means. Indeed it is not so. There are
    many countries that don't ratify the agreements after signing those,"
    says Torosyan.

    The protocols will not be signed yet

    Last Friday Serzh Sargsyan sent the protocols to the NA. And these were
    mechanically included not only in the big session of the NA but also
    in the 4-day session to be launched on Monday. According to the law
    on international treaties this type of treaties are immediately in
    the agendas of discussions. So the positive or negative evaluation
    of the foreign relations committee cannot have any influence on
    the process of discussion of the protocols. So according to the NA
    bylaw only the chairman of the National Assembly determines the
    terms and sequence of discussion of issues. But yesterday Armen
    Rustamyan suggested the NA chairman not to discuss the protocols
    until those are discussed within the NA foreign relations committee
    and Hovik Abrahamyan accepted this suggestion. And prior to that,
    Safaryan suggested that first parliamentary hearings are held on these
    documents and only after that submit those to the conclusion of the
    committee. Rustamyan wasn't against this but left this issue to the
    decision of the political parties of the parliament. In his words on
    Monday the 5 NA parliamentary factions will present their attitudes
    to the head of the commission. Besides that it was decided to create
    a special working group consisting of a representative from each of
    the 5 factions. The working group will discuss the procedures of the
    discussion of the protocols in the NA. So the 5 members are Armen
    Rustamyan, Stepan Safaryan, Ernest Soghomonyan from the Prosperous
    Armenia, Hamlet Harutyunyan from the RPA and Seryozha Abrahamyan
    from the Legal State. There is an opinion that the protocols should
    be discussed in all the 12 committees of the NA so that the latter
    would bring up their recommendations.
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