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21.12.2006

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21.12.2006
Electoral Code Debated at the Special Session

On December 21 at NA special session the MPs adopted by voting the on NA Control Chamber 2007 Annual Programme, draft laws on Making Amendments and Addenda to RA law on Social Security of the Servicemen and Their Family Members, on Making Addendum to RA law on Uncompensated Privatization of State Housing, on Making Amendment and Addendum to RA law on Social Support, on Making Addenda to RA law on Local Self-Government, on Making Addendum to RA law on Community Service, on Making Amendments and Addenda to RA law on Labour State Inspection, on Making Amendments and Addenda on Providing (Concession) With the Aim of Operating the Bowels for the Study and Mining of the Minerals, on the Rates of the Environmental Protection Payments, on Making Amendment to RA law on Environmental Protection and Nature Use Payments, the proposed amendments to the law on Fixed Payments and other laws related to it, the legislative packages on Making Amendments and Addenda to RA law on RA Central Bank and on Military Police.

The debates of the draft law on Making Amendments and Addenda in RA Electoral Code interrupted the previous day continued.

Mr. Aleksan Karapetyan, secretary of the faction, introduced the viewpoint of the National Unity faction. According to him, it is a normal process to improve the Electoral Code before every general election.

Mr. Hrayr Karapetyan, head of the faction, voiced the view of the ARF faction. In his opinion, the amendments have an intention to close the loopholes of the riggings and abuse. He observed as a means of prevention of the riggings the use of the envelopes, making public, application of preventive measures. Mr. Karapetyan noted that the increase of the authorities of the proxies will promote the holding of free, fair and transparent elections.

Mr. Hovhannes Margaryan presented the view of the faction Country of Law. He said that a voluminous work has been carried out for the improvement of the draft law, and the Country of Law has also participated in those activities. According to him, it is inadmissible to convene sittings of the committee and conduct voting without providing quorum. Mr. Margaryan highlighted the issue of the servicemen and moveable ballot boxes.

Mr. Tigran Torosyan, NA President, in his special speech touched upon the MPs’ observations and proposals, underlining that not improving the Electoral Code may cause speculations. He urged the MPs not to complain and give assessments, but work, present proposals. Speaking about the issue of inviting the international organizations to the elections, Mr. Torosyan specified that there are numerous mechanisms for creating obstacles, which have nothing in common with inviting and not inviting, and the circumstance of inviting is fixed to clarify who are those who invite. The NA President reminded the MPs that the Republic of Armenia had ratified conventions, according to which several organizations should be invited to the general elections.

Talking about not making the decision in case of the lack of quorum in the electoral commissions, and because of that the indefinite situation of the process of the elections, Mr. Tigran Torosyan proposed to find mechanisms for making decisions, so that the people could go to the Constitutional Court (CC), appeal that decision, and the CC would either approve the outcomes of the elections or consider them invalid. “So, a process, that has begun, and it has been on for several months in the country, should have an end, regardless of its outcome – positive or negative. This is a mechanism that the authors propose to apply for getting out of that deadlock when the considerable part of the committee members would not take part at the sitting.” The President of the Parliament noted that we it is necessary to enshrine mechanisms against boycott in the Electoral Code. He also informed that numerous proposals of the opposition representatives have been adopted. Mr. Torosyan finds that with this draft the Electoral Code would not get rid of all drawbacks. As the NA President assured, the Electoral Code is the document, which should be formed as a result of concessions and political agreements: it should be a perfect document from the legal aspect.

In his final speech the main speaker Mr. Samvel Nikoyan informed that the provisions of the draft law presented for the first reading were not possible to carry out technically: that circumstance also pointed out the international experts. Touching upon the issue of the quorum of the committee members, Mr. Samvel Nikoyan noted that it’s impermissible to fail the general elections because of irresponsibility of some people. The main speaker highlighted the fact of providing close and secret ballot for the voters. In Mr. Nikoyan’s opinion, the fact of passing to proportional electoral system does not still mean stability of the political field.

The debate of the draft law on Making Amendments and Addenda in RA Electoral Code in the second reading was also organized.

It was informed that 41 days before the elections the authority body the Central Electoral Commission (CEC) will introduce the list of candidates. By the draft law the process of the policemen participating in the elections is also regulated: the policemen will vote not in their precincts, but in the place of their service. It was informed that from now on the soldiers should vote not in the military precincts but in the ordinary precincts.

In the MP Mr. Rafik Petrosyan’s opinion, the provision of the right to election the persons not having citizenship, place of residence at the local self-government elections, making 2000 the number of the voters in the precincts, the extension of the proxies’ rights, inviting the international observers, the state payment of the committee members and their training, the use of moveable ballot boxes and other changes will promote the fair and transparent elections. Mr. Viktor Dallakyan assessed the draft law as a legislative initiative on falsifying the elections with one commission member, and proposed to set up balanced electoral commissions from NA groups and factions and pass into 100% proportional electoral system. In Mr. Hovhannes Margaryan’s opinion, the Electoral Code is of basic importance in the upcoming general elections. Mr. Tatul Manaseryan finds that it’s necessary to permit the international organizations to carry out observation mission in Armenia by their own initiative. Mr. Manuk Gasparyan finds that we should not amend the code. He is for passing to 100% proportional electoral system. As the MP Mr. Koryun Arakelyan assured, the amendments will not be of any importance in organizing and holding the upcoming elections. He finds that the participation of the electoral commission members in the training courses should serve as a basis for getting a certificate. Mr. Aram G. Sargsyan called on the NA majority to take practical steps for excluding the electoral riggings. He proposed to observe as state crime the stealing of the ballot box, falsifying the record, approving the falsified outcomes by legislative amendment. Mr. Arshak Sadoyan proposed to apply technical means of control – electronic control mechanism. He also highlighted the video recording of the electoral process.

Mr. Gurgen Arsenyan, head of the ULP faction, introduced the view of the faction. As he assured, the amendments of the code comply with the international standards. He ensured that the ULP undertakes responsibility for the fair holding of 2007 elections. He informed that the organization of the commissions and the training process has started: 3000 ULP members have participated in the training courses. According to Mr. Arsenyan, it is not possible to have a perfect Electoral Code, and in order to hold fair, free and transparent elections the most important thing is the display of political will. The ULP will vote for the draft.

The working group did not adopt the proposals of the National Unity faction, so the faction will vote against the adoption of the draft. According to the secretary of the faction Mr. Aleksan Karapetyan, the authorities have an aim to be reproduced by the draft.

Mr. Hovhannes Margaryan expressed the view of the view of the Orinats Yerkir (Country of Law) faction. The final view of the faction will depend on whether the working group will adopt the presented proposals or not. In organizing the fair elections he highlighted the display of peoples’ will. He proposed to put a stamp in the passports and military books for excluding the double voting.

Mr. Mekhak Mkhitaryan, secretary of the Entrepreneur deputy group, introduced their viewpoint, saying that the aim of the adoption of the draft is told fair, free and transparent elections in compliance with international standards. He underlined that the electoral former mechanisms cannot function in the upcoming elections, as the political forces and the society have no alternative. The Entrepreneur will vote for the adoption of the draft.

The Justice faction is against the adoption of the draft law. As Mr. Grigor Harutyunyan, secretary of the faction, said that society does not believe the fair elections, as those who do the riggings of the elections are not punished. According to the sociological surveys of GELAP institute, the 80% of Armenia’s population does not believe the fair elections, and the 90% is against the authorities. He ensured that the Justice faction would fight for holding fair elections.

Mr. Galust Sahakyan, head of the RPA faction voiced the view of the faction. Applying to those who criticize the draft, Mr. Sahakyan noted that we should not make the Electoral Code a target of criticism of the power structures. The faction will vote for the adoption of the draft.

In his special speech, Mr. Tigran Torosyan, NA President, talking about the observation missions of the international organizations, informed that the country organizing elections, invite the international organizations in order to carry out observation mission. The NA President underscored that the RA Constitution does not allow arresting groundlessly the citizen in the electoral precinct; they must have serious grounds for that. Mr. Torosyan reminded the MPs that except certain cases, the administrative detention is eliminated in Armenia. In his opinion, with such amendments nothing can be perfect, it is natural that there will be drawbacks. As the NA President assured, the pro-governmental and oppositional political forces and even the parties, which are in parliament, are responsible for the right procedure of the political life. “Everybody will bear responsibility, and it’s better to work. And those, who work, have the right to speak,” concluded Mr. Tigran Torosyan.

The MPs debated in the second reading the draft laws on Making Addenda to RA law on Passing to Military Service, on Making Amendments and Addenda on Providing (Concession) With the Aim of Operating the Bowels for the Study and Mining of the Minerals, on Making Amendments to RA law on Constraint Fulfillment of the Judicial Acts, on Making Amendments and Addenda to RA law on Labour State Inspection, on Making Amendment and Addendum to RA law on Social Protection of the Children Left Without Parental Care, on Making Amendment and Addendum to RA law on Social Support, on Making Addenda to RA law on Local Self-Government and on Making Addendum to RA law on Community Service.





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