The honouring of obligations and commitments by Armenia
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 26 June 2024 (20th sitting) (see Doc. 15994, report of the Committee on the Honouring of Obligations
and Commitments by Member States of the Council of Europe (Monitoring
Committee), co-rapporteurs: Mr Kimmo Kiljunen and Ms Boriana Åberg). Text adopted by the Assembly on
26 June 2024 (20th sitting).
1. The Parliamentary Assembly commends
Armenia for its continuous commitment to democratic development
in spite of the considerable security challenges it is facing. Confronted
with a complex international environment and challenges to the stability
of the country, Armenia has been pursuing an ambitious reform agenda.
2. The Assembly has been following the developments in the country
since the adoption of its
Resolution 2427
(2022) “The functioning of democratic institutions in
Armenia”. It refers to the information note following the visit
in Armenia from 17 to 19 February 2023 (
AS/Mon
(2023) 05 rev) on the situation in the Lachin Corridor and
on the border between Armenia and Azerbaijan, examined by the Committee
on the Honouring of Obligations and Commitments by Member States
of the Council of Europe (Monitoring Committee) in March 2023, which
called for immediate action and the cessation of the unlawful and
illegitimate obstruction of the Lachin Corridor, and to its
Resolution 2508 (2023) “Ensuring
free and safe access through the Lachin Corridor”, in which it stressed
that “the current situation is not sustainable and may well lead
to the Armenian population being forced to leave their homes and
communities”.
3. In September 2023, the Azerbaijani army entered the part of
Nagorno-Karabakh remaining under the protection of Russian peacekeeping
troops. Fearing the consequences, the vast majority of the population
of the region fled to Armenia in a matter of days. The Assembly
refers to its
Resolution
2517 (2023) and
Recommendation
2260 (2023) “The humanitarian situation in Nagorno-Karabakh”,
in which it strongly regretted that almost the entire Armenian population
of the region – more than 100 600 persons – had left its ancestral homeland
and fled to Armenia, and called on Azerbaijan to release all detained
representatives of Nagorno-Karabakh and all Armenian prisoners of
war currently held in Azerbaijan. The Assembly also takes note of
the “Observations on the Human Rights Situation of People affected
by the Conflict between Armenia and Azerbaijan over the Karabakh
region”, issued in January 2024 by Dunja Mijatović, the then Council
of Europe Commissioner for Human Rights, in which she concluded
that the Armenians of Nagorno-Karabakh “found themselves abandoned
without any reliable security or protection guarantees by any party
and that for them at that moment leaving home was the only reasonable
option available”.
4. The fate of the Armenian population of Nagorno-Karabakh has
provoked extremely strong reactions in Armenia. Some protests organised
by opposition parties calling for the resignation of Mr Pashinyan’s government
turned violent as protesters tried to storm the government buildings.
The Assembly expresses its relief that clashes with the police forces
during these events brought no casualties, in sharp contrast with
the 10 deaths that had occurred in March 2008, as deplored in
Resolution 1837 (2011) “The
functioning of democratic institutions in Armenia” which called,
inter alia, for the introduction
of measures to avoid similar situations in the future.
5. The authorities of Armenia have remained engaged in the negotiations
of a peace treaty with Azerbaijan, in accordance with their commitment
to settle international disputes by peaceful means. Concerning the normalisation
of relations between Armenia and Azerbaijan, the Assembly expresses
its full support for the peace process based on the principles of
mutual recognition of territorial integrity, respect of sovereignty,
the inviolability of borders and the non-use of force. The Assembly
also welcomes the start of border delimitation based on the Alma-Ata
Declaration of 1991, anticipating that the process will continue
along the entire border. The Assembly commends the approach taken
to unblocking regional communications based on the principles of
respect of sovereignty, national jurisdiction, equality and reciprocity.
In this context, the Assembly welcomes the initiative of the Armenian
Government, entitled “The Crossroads of Peace”, which could contribute
to peace and stability in the region.
6. The Assembly commends the ratification by Armenia of Protocol
No. 13 to the Convention for the Protection of Human Rights and
Fundamental Freedoms, concerning the abolition of the death penalty
in all circumstances (ETS No. 187), including for crimes committed
in times of war and imminent threat of war.
7. The Assembly also welcomes the ratification by Armenia of
the Rome Statute of the International Criminal Court.
8. With regard to the long-standing concerns relating to elections
in Armenia, the Assembly commends the authorities for the inclusiveness
and transparency of the legislative process that has led to the
reform of the Electoral Code. It notes with satisfaction that the
amendments to the Electoral Code and related legislation are in
accordance with many of the recommendations of the European Commission
for Democracy through Law (Venice Commission) and the Office for
Democratic Institutions and Human Rights of the Organization for Security
and Co-operation in Europe (OSCE/ODIHR), while regretting that some
of these recommendations remain unaddressed.
9. The Assembly welcomes the holding of the elections to the
Yerevan city council in September 2023, which despite being held
in a period of extreme tension around the situation in Nagorno-Karabakh,
met democratic standards as acknowledged by Recommendation 501 (2023)
of the Congress of Local and Regional Authorities of the Council
of Europe on Elections to the Council of Elders, City of Yerevan,
Armenia. While the strengthening of the electoral legal framework
and the reinforcement of the safeguards to eliminate the possibility
of election fraud were welcomed by the Congress, the authorities
were further invited to, inter alia,
implement existing legislation and regulations related to the misuse
of public resources, strengthen oversight and control mechanisms
with regard to political party and campaign financing and strengthen
the participation of women.
10. The 2023 elections in Yerevan were the third consecutive elections,
after the 2018 and 2021 national elections, to be assessed by the
international community as being free of the irregularities that
had tainted many earlier elections and to be accepted as such by
national stakeholders. In consequence, the Assembly considers that
the objective to hold genuinely democratic elections which win the
confidence of the Armenian people has to a large extent been achieved.
11. However, in order to further improve the electoral process
in Armenia, the Assembly:
11.1 invites
Armenia to implement the outstanding recommendations regarding the
electoral framework, maintaining throughout this process the inclusiveness
and transparency of the reform process;
11.2 draws the particular attention of the authorities to the
need for implementation of the regulation on the misuse of public
resources and the financing of political parties.
12. The Assembly regrets that the improvement in the electoral
framework has not led to better co-operation and mutual respect
between the ruling majority and the opposition. All electoral observation
missions have reported excessive polarisation and stigmatisation
of political opponents from all sides. Mutual tolerance and acknowledgement
of the legitimacy of political opponents are necessary elements
of democratic societies and cement the legitimacy of democratic
institutions.
13. The Assembly considers that in the context of deep polarisation,
it is essential to protect the independence of collegial bodies
representing public interest from undue political pressure. In this
regard, the Assembly refers to its
Resolution 2537 (2024) “Relationship
between the parliamentary majority and the opposition in a democracy”
and the Venice Commission checklist “Parameters on the relationship
between the parliamentary majority and the opposition in a democracy”.
The appointment procedure to top positions outside the government
or to independent collegial bodies and agencies should be depoliticised
and, to the maximum extent possible, based on a cross-party consensus.
Mechanisms in place should reduce the dominance of the parliamentary
majority within such collective bodies or limit the relevance of
the affiliation of the office holders with the governing party or
coalition. In this regard, the Assembly expresses its concerns regarding
the potential detrimental effects of the possibility for a party
to appoint candidates single-handedly.
14. As a consequence, the Assembly:
14.1 encourages all political stakeholders to enter into dialogue
about how to improve the existing rules on the relationship between
the parliamentary majority and the opposition;
14.2 calls on the opposition to refrain from boycotting the
work of the National Assembly and recalls that an organised boycott
of the work of parliament by the opposition is permissible only
in rare and extreme circumstances where the legitimacy of parliament
is questioned;
14.3 calls on the majority in parliament to exert self-restraint
in the use of qualified majority decision and recalls that when
the ruling coalition or party enjoys a large majority, it bears
therewith a great responsibility to observe and safeguard the principles
governing the smooth operation of democratic institutions, including
the rights of the opposition;
14.4 invites the political parties represented in the National
Assembly to find cross-party consensus for the appointments which
require a two-thirds majority, taking into account the Venice Commission checklist
“Parameters on the relationship between the parliamentary majority
and the opposition in a democracy”; and to introduce soft regulations
or review the rules of the National Assembly in a consensual manner
when necessary.
15. The Assembly commends the reforms aimed at safeguarding the
independence of the judiciary and notes with satisfaction the openness
of the Armenian authorities to a genuine dialogue with the Council
of Europe and their continued effort to improve the system of judicial
governance in line with European standards.
16. The Assembly regrets the still widespread perception that
disciplinary procedures against judges are being abused in order
to intimidate them or influence their decisions. It welcomes the
minister of justice’s request for the Venice Commission’s opinion
on a concept paper on potential directions of empowerment of the
Ethics and Disciplinary Commission of the General Assembly of Judges
of the Republic of Armenia, which illustrates the political will
to co-operate with Council of Europe bodies on this matter.
17. With a view to strengthening the independence of judges, the
Assembly:
17.1 encourages the Armenian
authorities to pursue the reform of the Ethics and Disciplinary Commission
of the General Assembly of Judges; on the basis of the joint opinion
prepared by the Venice Commission and the Directorate General Human
Rights and Rule of Law (DGI) of the Council of Europe;
17.2 calls on the Armenian authorities to ensure the political
neutrality of the Supreme Judicial Council and to consider introducing
restrictions for politicians to become Supreme Judicial Council
members;
17.3 hopes that, once the reform of the Ethics and Disciplinary
Commission of the General Assembly of Judges is completed and has
proved its efficiency, the power of the ministry of justice to initiate disciplinary
proceedings will cease.
18. The Assembly commends the real determination showed by the
authorities to fight the problem of systemic corruption, as evidenced
by the creation of two specialised anti-corruption bodies and specialised anti-corruption
courts, the reform of the police and the introduction of integrity
checks for judges, prosecutors and persons holding autonomous positions
in investigative bodies. The Assembly notes that the draft constitutional
and legislative measures are currently under discussion in parliament
and encourages the authorities to pursue these efforts.
19. With regard to freedom of information, the Assembly welcomes
the decision to present a new draft law on freedom of information
and public information, and the consideration given to public consultations
on that draft; it encourages the authorities to pursue a comprehensive
reform in the field of media, including a review of the 2020 Law
on Audiovisual Media, in order to ensure alignment with Council
of Europe standards on freedom of expression.
20. The Assembly welcomes the abolition of the criminalisation
of defamation, in accordance with
Resolution 2427 (2022), but expresses
its concerns regarding the allegations of the selective use of the Criminal
Code provisions on hate speech to target bloggers and activists
opposing the ruling party. The Assembly reiterates its call for
a uniform and restrictive application of the legislation on penalties
for insult and defamation by the relevant authorities, to ensure
that this legislation is not used in an arbitrary manner against individuals
and the media.
21. The Assembly acknowledges the progress made by Armenia towards
compliance with its obligations and commitments, in particular in
the field of electoral law. It decides to pursue its monitoring
procedure and will attach particular importance to the implementation
of reforms regarding the justice system, and in the fields of media
and freedom of expression. In particular, it will follow the implementation
of the co-operation programmes related to the themes contained in
the Council of Europe Action Plan for Armenia 2023-2026.
22. The Assembly invites the authorities of Armenia to translate
this Resolution and the explanatory memorandum into the national
language, and to make this translation public.
