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NOT FINE WITH NEW FINE: RECENT PROVISION FOR ARMENIAN CITIZENS ABROAD RAISES EYEBROWS
By Gohar Abrahamyan
ArmeniaNow
03.10.12 | 10:58
A new controversial law under which citizens of Armenia absent
from the country for more than six months must inform corresponding
bodies about their status in written form or face a fine has elicited
mixed reactions among ordinary people some of whom see it as another
encroachment.
Still, specialists in Armenia acknowledge that the law does not break
any human rights norm, even though, they say, such provisions aren't
widely applied elsewhere in the world. Some human rights activists,
meanwhile, believe this novelty is part of the government strategy
to get a better idea about the exact number of citizens staying more
or less on a permanent basis outside Armenia ahead of next year's
presidential elections.
The fine has been set by the government based on a new provision in
the Code of Administrative Offense that was adopted last November
and went into force on June 1 of this year.
The Armenian Ombudsman's office issued a statement on Tuesday, warning
citizens of Armenia who have been abroad for more than six months and
have failed to notify corresponding bodies of the Republic of Armenia
about their status in written form that they will be fined 3,000 drams
(about $7.50) upon crossing the border into Armenia.
Naira Karmirshalyan, who heads the Ombudsman's Office Public Relations
Department, told ArmeniaNow that the Office's analytical department
had sent an inquiry to the police and conducted a relevant research
that revealed no unconstitutionality in the norm in question.
"In fact, such a provision does not run contrary to human rights,
as it does not restrict the freedom of movement, but only implies
certain liability for failing to properly inform [state bodies]
about that," said Karmirshalyan.
While the size of the fine could be viewed as "symbolic" by many,
some citizens of Armenia are against the very concept of the norm
that they say is also hard to comply with in many case.
Samvel Galstyan, a native of Yerevan, says he spends most of the year
as a migrant worker in the remote Russian region of Sakhalin. He says
to comply with the law he has to make quite a journey as no embassy or
consular services of Armenia are available in the close surroundings
of that Far East area.
"Why are they complicating our lives as well as their own? In any case,
still before arriving [in Russia] we put all our data in a registration
form on the plane and we present it to immigration authorities upon
arrival. Can't they just get that from there?"
wonders Galstyan.
Talking to ArmeniaNow, former Ombudswoman and MP Larisa Alaverdyan
said that while there is nothing strange in that law, she still
doubted it would help bring about any positive change.
"The state had better develop a method to make that estimation
by itself, without causing any unnecessary inconvenience to the
population. Besides, in this case the process of fine payment is not
that transparent," said Alaverdyan, adding that the law has a concealed
purpose of estimating the actual size of Armenia's population ahead
of next February's presidential election.
Helsinki Citizens' Assembly Vanadzor Office head Artur Sakunts
explained to ArmeniaNow that while in the past citizens of Armenia
were also supposed to register with consular bodies abroad, there
was no question of fines then.
"Imposing a fine is certainly meaningless. This is just to fill the
budget. Why should a citizen pay 3,000 drams for doing nothing wrong
except not letting the state know about his or her whereabouts?" said
the human rights activist.
"There is a more simple and effective mechanism. Information on
citizens' entries and exits to and from the country are available in
the Border Service database and the state can learn about the status
of citizens from there without bothering them," added Sakunts.
From: Baghdasarian
By Gohar Abrahamyan
ArmeniaNow
03.10.12 | 10:58
A new controversial law under which citizens of Armenia absent
from the country for more than six months must inform corresponding
bodies about their status in written form or face a fine has elicited
mixed reactions among ordinary people some of whom see it as another
encroachment.
Still, specialists in Armenia acknowledge that the law does not break
any human rights norm, even though, they say, such provisions aren't
widely applied elsewhere in the world. Some human rights activists,
meanwhile, believe this novelty is part of the government strategy
to get a better idea about the exact number of citizens staying more
or less on a permanent basis outside Armenia ahead of next year's
presidential elections.
The fine has been set by the government based on a new provision in
the Code of Administrative Offense that was adopted last November
and went into force on June 1 of this year.
The Armenian Ombudsman's office issued a statement on Tuesday, warning
citizens of Armenia who have been abroad for more than six months and
have failed to notify corresponding bodies of the Republic of Armenia
about their status in written form that they will be fined 3,000 drams
(about $7.50) upon crossing the border into Armenia.
Naira Karmirshalyan, who heads the Ombudsman's Office Public Relations
Department, told ArmeniaNow that the Office's analytical department
had sent an inquiry to the police and conducted a relevant research
that revealed no unconstitutionality in the norm in question.
"In fact, such a provision does not run contrary to human rights,
as it does not restrict the freedom of movement, but only implies
certain liability for failing to properly inform [state bodies]
about that," said Karmirshalyan.
While the size of the fine could be viewed as "symbolic" by many,
some citizens of Armenia are against the very concept of the norm
that they say is also hard to comply with in many case.
Samvel Galstyan, a native of Yerevan, says he spends most of the year
as a migrant worker in the remote Russian region of Sakhalin. He says
to comply with the law he has to make quite a journey as no embassy or
consular services of Armenia are available in the close surroundings
of that Far East area.
"Why are they complicating our lives as well as their own? In any case,
still before arriving [in Russia] we put all our data in a registration
form on the plane and we present it to immigration authorities upon
arrival. Can't they just get that from there?"
wonders Galstyan.
Talking to ArmeniaNow, former Ombudswoman and MP Larisa Alaverdyan
said that while there is nothing strange in that law, she still
doubted it would help bring about any positive change.
"The state had better develop a method to make that estimation
by itself, without causing any unnecessary inconvenience to the
population. Besides, in this case the process of fine payment is not
that transparent," said Alaverdyan, adding that the law has a concealed
purpose of estimating the actual size of Armenia's population ahead
of next February's presidential election.
Helsinki Citizens' Assembly Vanadzor Office head Artur Sakunts
explained to ArmeniaNow that while in the past citizens of Armenia
were also supposed to register with consular bodies abroad, there
was no question of fines then.
"Imposing a fine is certainly meaningless. This is just to fill the
budget. Why should a citizen pay 3,000 drams for doing nothing wrong
except not letting the state know about his or her whereabouts?" said
the human rights activist.
"There is a more simple and effective mechanism. Information on
citizens' entries and exits to and from the country are available in
the Border Service database and the state can learn about the status
of citizens from there without bothering them," added Sakunts.
From: Baghdasarian