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FALSE AGENDA: LET'S PUT THE CURRENT CONSTITUTION INTO PRACTICE, RATHER THAN AGAIN CHANGING IT
Armen Arakelyan
hetq
12:20, July 14, 2012
In its 2007 presidential campaign platform, the Republican Party
stated that it would establish a legal government by implementing
the constitutional amendments and judicial reforms accepted in 2005.
However, in the presidential elections that followed and the days
after, such glaring human rights violation occurred the like of which
Armenia had never seen before.
Today, the European Court of Human Rights is overturning the verdicts
of "reformed" Armenian courts with such ease to reveal the bankruptcy
of the Armenian justice system.
The 2005 Constitutional reforms were supposed to have perfected the
balancing mechanism among the three branches of the government, by
drastically decreasing the powers of the presidency in favour of the
legislature and the government apparatus.
In fact, neither has the legislature nor the government been in such
a dependent relationship with the presidency and the president than
today. The Armenia that appears today, from the midst of all the
documents, acts, accounts and laws, has never been this alienated
from the real Armenia.
Again, for the third time in the history of independent Armenia,
the authorities are trying to convince people that the problems of
the country aren't being resolved due to an imperfect Constitution
and flawed legislation. The authorities are gradually trying to get
the public used to the idea that the Constitution must be modified
once again. It turns out that modifying the highest legal document
in Armenia has become an accepted tradition.
No one would dispute that the Constitution needs to be improved. But
there is no country in the world with a perfect constitution or
legislative field, especially in today's ever changing world.
But to make the indirect claim that the key to solving all our problems
lies in the constitution or the law is simple chicanery. Does anyone
believe for a minute that average citizens will no longer be murdered
in the commercial establishment owned by oligarchs if we pool all
our mental resources into drafting a perfect constitution? Will the
economic monopolies in Armenia suddenly vanish or will small and medium
business be allowed to operate freely. Will presidents, ministers,
judges and prosecutors declare the actual millions in revenue they
derive or will they continue to go through the motions when filling
out their public financial notices? Will the so-called ethics oversight
committees in the parliament and elsewhere actually investigate these
numbers? Will suspicious deaths cease to occur in police stations
and military bases? Will electoral corruption and manipulation of
the voter rolls stop overnight? Will the National Statistical Service
start to portray the real socio-economic state of the country or will
it continue to paint a picture through rose-colored glasses?
Davit Harutyunyan, who chairs the Standing Committee on State and
Legal Affairs in the National Assembly, doesn't have the answer to
all this nor can he.
These issues are a matter of a lack of will to apply the law and not
linked to the quality of the law that exists. It's a consequence of
not respecting the very constitution that everyone refers to.
The legal experts of the authorities clearly realize this but they also
know how to manipulate the public by turning the constitution into a
sacrificial lamb and by yet again bringing a false agenda to the table
and simply neutralizing the real agenda that has recently surfaced.
The only enlightened change that has occurred in the last five
years was the creation of the preconditions of a civic consciousness
created on the shoulders of the 2007-2008 pan-national movement. It
has recently received new life around the issues of Teghout, the Pak
Shouka and Mashtots Park.
Today, it is being invigorated by the people's movement to fight
against the immunity enjoyed by those responsible for the murder of
Vahe Avetyan. This contingent has turned into a much more powerful
and influential political factor than the political system itself
and this is what worries the authorities.
It poses an even greater challenge to the regime than if all the
opposition parties had joined their forces. It's because this
civic consciousness is directed by principles and values not up
for compromise.
The coming clash is pregnant with a host of unpredictable consequences
not only regarding the control of the processes but due to the
widespread support of the public, which is even more dangerous because
it is happening in the run-up to the presidential election.
The idea of new constitutional reforms is being publicly raised
as an alternative to all this: It's a false agenda and a classic
method to misdirect public attention. And because the talk is about
the Constitution and not the laws, the bet is that the bait will be
swallowed by various political, civic, scientific and professional
circles, giving way to extensive debates and discussions. As a
result, the growing civic awareness in the country will be forced
to the back-burner and the questions that have piled up will remain
unanswered.
The only way to avoid this scenario is to not swallow the bait. The
regime must be allowed to rot away in its solitude and in the imaginary
paradise it has created, whilst the people continue their demands
for the establishment of true law and order.
Armen Arakelyan
hetq
12:20, July 14, 2012
In its 2007 presidential campaign platform, the Republican Party
stated that it would establish a legal government by implementing
the constitutional amendments and judicial reforms accepted in 2005.
However, in the presidential elections that followed and the days
after, such glaring human rights violation occurred the like of which
Armenia had never seen before.
Today, the European Court of Human Rights is overturning the verdicts
of "reformed" Armenian courts with such ease to reveal the bankruptcy
of the Armenian justice system.
The 2005 Constitutional reforms were supposed to have perfected the
balancing mechanism among the three branches of the government, by
drastically decreasing the powers of the presidency in favour of the
legislature and the government apparatus.
In fact, neither has the legislature nor the government been in such
a dependent relationship with the presidency and the president than
today. The Armenia that appears today, from the midst of all the
documents, acts, accounts and laws, has never been this alienated
from the real Armenia.
Again, for the third time in the history of independent Armenia,
the authorities are trying to convince people that the problems of
the country aren't being resolved due to an imperfect Constitution
and flawed legislation. The authorities are gradually trying to get
the public used to the idea that the Constitution must be modified
once again. It turns out that modifying the highest legal document
in Armenia has become an accepted tradition.
No one would dispute that the Constitution needs to be improved. But
there is no country in the world with a perfect constitution or
legislative field, especially in today's ever changing world.
But to make the indirect claim that the key to solving all our problems
lies in the constitution or the law is simple chicanery. Does anyone
believe for a minute that average citizens will no longer be murdered
in the commercial establishment owned by oligarchs if we pool all
our mental resources into drafting a perfect constitution? Will the
economic monopolies in Armenia suddenly vanish or will small and medium
business be allowed to operate freely. Will presidents, ministers,
judges and prosecutors declare the actual millions in revenue they
derive or will they continue to go through the motions when filling
out their public financial notices? Will the so-called ethics oversight
committees in the parliament and elsewhere actually investigate these
numbers? Will suspicious deaths cease to occur in police stations
and military bases? Will electoral corruption and manipulation of
the voter rolls stop overnight? Will the National Statistical Service
start to portray the real socio-economic state of the country or will
it continue to paint a picture through rose-colored glasses?
Davit Harutyunyan, who chairs the Standing Committee on State and
Legal Affairs in the National Assembly, doesn't have the answer to
all this nor can he.
These issues are a matter of a lack of will to apply the law and not
linked to the quality of the law that exists. It's a consequence of
not respecting the very constitution that everyone refers to.
The legal experts of the authorities clearly realize this but they also
know how to manipulate the public by turning the constitution into a
sacrificial lamb and by yet again bringing a false agenda to the table
and simply neutralizing the real agenda that has recently surfaced.
The only enlightened change that has occurred in the last five
years was the creation of the preconditions of a civic consciousness
created on the shoulders of the 2007-2008 pan-national movement. It
has recently received new life around the issues of Teghout, the Pak
Shouka and Mashtots Park.
Today, it is being invigorated by the people's movement to fight
against the immunity enjoyed by those responsible for the murder of
Vahe Avetyan. This contingent has turned into a much more powerful
and influential political factor than the political system itself
and this is what worries the authorities.
It poses an even greater challenge to the regime than if all the
opposition parties had joined their forces. It's because this
civic consciousness is directed by principles and values not up
for compromise.
The coming clash is pregnant with a host of unpredictable consequences
not only regarding the control of the processes but due to the
widespread support of the public, which is even more dangerous because
it is happening in the run-up to the presidential election.
The idea of new constitutional reforms is being publicly raised
as an alternative to all this: It's a false agenda and a classic
method to misdirect public attention. And because the talk is about
the Constitution and not the laws, the bet is that the bait will be
swallowed by various political, civic, scientific and professional
circles, giving way to extensive debates and discussions. As a
result, the growing civic awareness in the country will be forced
to the back-burner and the questions that have piled up will remain
unanswered.
The only way to avoid this scenario is to not swallow the bait. The
regime must be allowed to rot away in its solitude and in the imaginary
paradise it has created, whilst the people continue their demands
for the establishment of true law and order.