1 / 9

On November 17, the RA NA factions met with the representatives from the Venice Commission of the Council of Europe (CoE) and from the OSCE/ODIHR being in the Republic of Armenia with a expertise mission to discuss the RA draft law on Referendum. The delegation comprises of the representatives from the Venice Commission professor Pere Vilanova Trias, Pierre Garrone and the representative from the OSCE/ODIHR Alexey Gromov and the expert from the OSCE/ODIHR Vasil Vashchanka.

The Secretary of the RA NA ARF Faction Aghvan Vardanyan, deputies Armenuhi Kyureghyan and Andranik Karapetyan met with the representatives from the CoE Commission and OSCE/ODIHR.

Aghvan Vardanyan presented the works complying with the legislation after the adoption of the RA new Constitution, underlining the long-lasting effective cooperation with the Venice Commission especially in the phase of the constitutional reforms. He expressed hope that the professional participation and recommendations of the Venice Commission would also be favourable in the amendment of the constitutional laws.

Touching upon the RA draft law on Referendum he underlined that the RA Ministry of Justice had done voluminous work and in the future it would be discussed in the parliament. The Head of the faction referred to the most important provisions of the draft law.

The representatives from the CoE Venice Commission and the OSCE/ODIHR were particularly interested in the improvement of the processes concerning the presentation of complaints and the guarantees of the prevention of the speculation of the administrative resource during the pre-electoral campaign.

Aghvan Vardanyan noted that the solution of the problem of the speculation of the administrative resource was also directed to the intensification of the punitive measures, as well as the input of certain mechanisms. In the word of the Secretary of the Faction, as the legislation is improved, at the same time in this issue manholes can remain, so he has highlighted the will and chastity of not using the administrative resource of the political forces. It has been noted that the institute of complaint by the Electoral Code has been rather improved and rectified.

During the meeting a number of articles and disputable items relating to the draft law on Referendum were also touched upon.

The Way Out Faction presented its viewpoint on the RA draft law on Referendum.

Gevorg Gorgisyan has underscored that the draft law, first of all, is complied with the RA Constitution. The MP has touched upon some disputable provisions of the draft law, stressing the need of specification. During the discussion the possibilities of voting via e-mail and ‘abstained’ campaign was touched upon.

The representatives from the CoE Venice Commission and the OSCE/ODIHR were interested in public discussions on the draft law. In Ararat Mirzoyan’s word, the public discussions are always welcoming, and however an atmosphere of disappointment has been formed towards the electoral processes in Armenia, he is not sure that the society will take part in the discussions.

During the meeting with the representatives from the CoE Venice Commission and the OSCE/ODIHR the Secretary of the RA NA Tsarukyan Faction Vahe Enfiajyan and the deputy Gevorg Petrosyan highlighted the debates in such format.

The representatives of the Venice Commission were interested in some disputable provisions of the draft law.

“Being concerned that any election and referendum is held according to the principles of democracy and rule of human rights, we will try to localize the debated provisions in the RA draft law on Referendum. In all cases, the electoral processes shall be organized and held in accordance with the RA Constitution,” Vahe Enfiajyan said.

“The improvement of the legislation regulating the electoral processes is of principle for us. The electoral process, including the referendum, should be organized and held mainly being based on the political component, but not on non-political values, means and methods,” Gevorg Petrosyan said. The Head of the RA NA RPA Faction Vahram Baghdasaryan and members of the faction Hrayr Tovmasyan, Hakob Hakobyan and Rustam Makhmudyan met with the representatives from the CoE Venice Commission and the OSCE/ODIHR.

The Head of the RA NA RPA Faction Vahram Baghdasaryan thanked the European experts for effective cooperation.

The representatives from the CoE Venice Commission and the OSCE/ODIHR expressed their satisfaction over the debates of the Electoral Code and joint work and addressed the questions to the members of the faction. The questions related to the organization of the referendum, the ways of the campaign, the collecting of the signatures and the referendum being implemented on the citizens’ initiative.

The Chairman of the RA NA Standing Committee on State and Legal Affairs and Protection of Human Rights Hrayr Tovmasyan in detail answered the guests’ questions.

Answering to the question relating to the non-filled papers in the referendum Hrayr Tovmasyan has noted that during the pre-electoral campaign it is campaigned to vote for, against abstained: after voting the non-filled papers are recognized invalid. There is no separate regulation connected with voting abstained.

Regarding the involvement of the civil society in the debate of the draft law Mr Tovmasyan has noted that public debates would be organized, and the opposition factions also can convene parliamentary hearings to debate the provisions of the draft law disputable for them. Relating to the restrictions of holding the referendum, they correspond with the international standards.

At the end of the meeting the members of the factions thanked the representatives of the Venice Commission for cooperation.

The representative of the Venice Commission Pierre Garrone noted that the Venice Commission would adopt the final conclusion on the RA draft law on referendum during December Session.