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Styopa Safaryan's Letter To Axel Fischer And John Prescott

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  • Styopa Safaryan's Letter To Axel Fischer And John Prescott

    STYOPA SAFARYAN'S LETTER TO AXEL FISCHER AND JOHN PRESCOTT

    hetq
    14:39, January 16, 2012

    To Mr. Axel Fischer (Germany, EPP/CD)
    Mr. John Prescott (United Kingdom, SOC),
    Co-rapporteurs for Armenia of the Parliamentary Assembly of the
    Council of Europe (PACE),
    EU Ambassadors in Armenia

    Honorable Ladies and Gentlemen,
    Parliamentary elections slated for May 2012 will not only be a next
    democratic test for Armenia, but also a demonstration of political
    will and commitment to democratic perspective for the country.

    In the course of two decades of Armenia's independence, electoral
    processes have never been accepted with deep satisfaction either by
    Armenia's society or international community. They have never been
    assessed as "fully complying with international standards," and in
    domestic political life often ended with bloody tragedies as was the
    case with the 2008 presidential elections.

    On the one hand, as asserted by numerous distinguished international
    organizations, politics and business are coalesced in Armenia, on
    the other hand, in political system a "winner takes it all" attitude
    stated in the provision 6.1 of PACE Resolution 1609 (2008) on "The
    Functioning of Democratic Institutions in Armenia"-these circumstances
    not only turned political life and elections into competition between
    criminal oligarchic groups, but also as "winners in the competition"
    they "take all" starting from national wealth up to the "endowment"
    of national and constitutional rights to their holders. In such
    a system political actors are impelled to play a backstage role,
    many of whom-either forced or on voluntary basis-at best serve as a
    facade for "democratic" fraud by criminal oligarchic groups.

    Current trends of the political system and in this regard the
    corruption of electoral processes are more promoted and strengthened
    due to the availability of the majoritarian component in the
    mixed electoral system of Armenia. The overwhelming majority of 41
    single-seat constituencies with minor exceptions make fertile ground
    for the representatives of groups of various calibers to enter the
    Parliament and to predetermine the apolitical nature of the latter.

    Those who appeared in the Parliament via the majoritarian system
    were and are the candidates of incumbent political authorities. The
    status quo is established between them through the following scheme:
    through the single-seat holders the ruling forces form a majority
    in the Parliament, while the deputies in return for their mandates
    ascertain their loyalty through not laying obstacles in the way of
    the policy carried out by the regime.

    It is this electoral system that deepens the vicious practice of
    vote buying, giving sense to unprecedented auction among apolitical
    oligarchic groups for the voter's support, where political programs and
    political activities are absent, and political parties and candidates
    are not competitive.

    Ladies and Gentlemen, On December 27, 2011, the Heritage and Armenian
    Revolutionary Federation (ARF), parliamentary opposition parties,
    issued a joint proposal to ensure the abolition of majoritarian
    electoral system and transition to a 100 percent proportional one. Our
    move was hailed by approximately a dozen of extra-parliamentary
    political forces such as Armenian National Congress (ANC), "Free
    Democrats" party, "Turning Point" party, People's Party (PP),
    Armenian Ramkavar Liberal Party (ADL), National Democratic Party
    (NDP), Socialist Labor Party of Armenia (SLPA), United Labour Party
    (ULP), Democratic Party of Armenia (DPA), as well as numerous civic
    groups and scholars.

    The Heritage and ARF first put into circulation a package of ten
    proposals for the provisions subject to change, including one on
    proportional system already on August 4, 2010, ahead of launch of
    constitutional amendments to the Electoral Code. The package was
    sent to the European Commission for Democracy through Law (Venice
    Commission) for an expert opinion.

    According to the latter, the political decision on the adoption of
    any kind of electoral system is up to the political forces of Armenia.

    Unfortunately, these and other proposals made by two opposition
    factions were not included in the Electoral Code adopted on May
    26, 2011. Meanwhile, our consistent aim to have 2012 parliamentary
    elections got rid of the above-mentioned vices, deeply rooted in
    practice, forced the parliamentary opposition to reassert that
    proposal.

    To note, according to the paragraph 6 of Resolution 1837 "The
    functioning of democratic institutions in Armenia" as of 2011 adopted
    by PACE, the forthcoming parliamentary elections are considered to
    be crucial for the democratic development of Armenia. "Democratic
    elections which result in a parliament that reflects all the
    relevant political forces in the Armenian society will consolidate
    the normalisation of the political environment and ensure the trust
    of the Armenian public in the political institutions of their country."

    The implementation of the international and domestic commitment
    undertaken by Armenia seems currently feasible through ruling out
    criminal oligarchic groups from the political arena and shifting
    competition to a 100 percent proportional system. For the purposes
    to bring this legislative initiative into life there is no need
    for constitutional amendments as it is often misrepresented, and we
    have enough time. The ball is in the ruling regime court to exert
    political will for the execution of the proposal largely supported
    by the opposition.

    In his New Year's address to the nation, President Serzh Sargsyan
    reflected on the upcoming elections. "As you know, next year is also
    a year of the elections to the National Assembly. On many instances,
    elections have been perceived, and I underline that it's about
    perception of some, only as an opportunity to grip or retain power.

    It's high time to realize that there are much more eminent goals. I
    have made my personal decision long ago - to do my best to get rid
    of those flawed stereotypes, to enroot principles of truly national
    and truly state approaches in the political life. I make no secret
    that to do that I have needed help and I still need help." If the
    President is committed to normalizing the political environment and
    realizing systemic changes, the best indicator of the latter will
    be the adoption of political decision on the abolishment of the
    majoritarian electoral system.

    In this regard, PACE adopted Resolution 1837 as of 2011, the 6.2
    provision of which considers that "the new Electoral Code forms an
    adequate basis for the conduct of democratic elections, if implemented
    in good faith, but urges the authorities to address all recommendations
    and shortcomings that may be contained in the forthcoming opinion of
    the Venice Commission on the code as adopted".

    The above-mentioned joint final opinion "On the Electoral Code of
    Armenia," adopted on 26 May, 2011, by Venice Commission and OSCE
    Office for Democratic Institutions and Human Rights (OSCE/ODIHR),
    states that "the Electoral Code would benefit from further improvement
    in order to ensure full compliance with OSCE commitments, Council of
    Europe and other international standards for the conduct of democratic
    elections. Areas which could be addressed include: Removing excessive
    restrictions on candidacy rights; Ensuring a separation of state and
    party/candidate structures; Allocation of seats to marzes; Critically
    assess the use of new voting technologies for out-of-country voters;
    Improving provisions for the count and tabulation process, including
    the determination of election results; and Improving complaint and
    appeal procedures to better ensure an effective remedy".

    Venice Commission and OSCE/ODIHR also expressed readiness to assist
    national authorities in their efforts to improve the legal framework
    for elections.

    Honorable Ladies and Gentlemen, With this thorough analysis we appeal
    to you to contribute to the process of amending the Electoral Code
    and adopting the joint initiative by Heritage-ARF-a 100 percent
    proportional electoral system-backed by more than a dozen political
    forces.

    Thank you in advance for cooperation.

    Styopa (Stepan) Safaryan Head of the Heritage Parliamentary Faction

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