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I have received the Government proposal on the draft law and the argument that not electing Human Rights Defender (HRD) for a long-term can have negative consequences. It is noted in the Government proposal that the change of the proposing term by the draft weakens the minimum guarantees of the cases of the HRD vacant position. The Chair of the NA Standing Committee on Protection of Human Rights and Public Affairs Taguhi Tovmasyan said about this during the debate of the issue on Amending the Constitutional Law on Human Rights Defender at April 3 Committee sitting.

According to the Committee Chair, this initiative has no goal to solve the issue earlier to provide legal certainty within the terms.

According to Taguhi Tovmasyan, the Constitution set three-month term for the election of the HRD position by the National Assembly, after which the RA President appoints Acting HRD by established order before the election by the National Assembly.

She informed the Government proposes to amend Article 145 of the law NA Rules of Procedure, designing that the HRD election will be held within one month established by the constitutional law on Human Rights Defender. Taguhi Tovmasyan underlined that three-month term of the HRD election is set in the mother law, which will be in force as a regulation with higher legal force established by the Constitution, irrespective of the fact what regulation is designed in the constitutional law on Human Rights Defender.

The Committee Chair noted that making the appropriate three-month term to one month the law NA Rules of Procedure does not strengthen the minimum guarantees for vacancy. “It is more logic and applicable in practice, when then the three-month term be consonant to the Constitution on Human Rights Defender.

The Representative of the Government, the RA Deputy Minister of Justice Armenuhi Harutyunyan mentioned: “In fact, the Constitution does not set three-month term in other way for appointing HRD.

There is need to comply the law NA Rules of Procedure to the law on Human Rights Defender and design opportunity for holding elections within one month,” Deputy Minister said.

According to Armenuhi Harutyunyan, the Government thinks it is necessary not to add, but maintain one-month term and give opportunity to the NA to hold elections within the established term.

Responding to the Government Representative, Taguhi Tovmasyan mentioned that when they propose to make one month three months, they formulate that one day after resignation until three-month term the factions can nominate a candidate. According to her, at this moment the law on Human Rights Defender.

The co-rapporteur, the deputy of the Civil Contract Faction Marina Ghazaryan noted: “We have discussed in the faction and we are designing to make comprehensive amendments and that is why we are for the viewpoint of the Government.”

The proposal of the Government by the draft author was not acceptable, the draft was put for vote by the version proposed by Taguhi Tovmasyan, which was not approved by the Committee.

The Committee postponed the debate of the bill on Prevention of Violence in Family, Protection of Persons Subjected to Violence in the Family and Restoration of Solidarity in the Family and the package of bills enclosed to it by the request of the deputy of the NA Civil Contract Faction Zaruhi Batoyan.