Two documents for the "Hayakve" Initiative

 Vahe H Apelian

Courtesy Garo Konyalian

Two documents are referenced to bolster the “Hayakve” initiative. These two documents are from the most crucial decade of the most recent Armenian history that spans from December 7, 1988, when an earthquake devastated a part of Armenia to February 3, 1998, when the first nationally elected president of the nascent Republic of Armenia, resigned. The decade would shape the course the Armenian history and the shadow of the first president Levon Ter-Petrosyan would remain looming larger than the rest of his contemporaries.

The “Hayakve” initiative is expected to continue until August 19, (2023). It appears its ultimate aim is to amend the constitution of the Republic of Armenia by introducing provisions that would criminalize the denial of the Armenian Genocide and the claim that Artsakh is part of Azerbaijan. But the statement the citizens of Armenia are called upon to sign in support of the “Hayakve” initiative, IS GENERAL AND UNSPECIFIC and makes no mention of amending the constitution. On the contrary, it uphold the constitution as framed during 1995 referendum with all the amendments. Those who sign attest to an “A statement of Confirmation” (Havasdakir), to the following: "Today you take control of the constitution and the laws of your state, the fate of your generations". 

The two documents that are being referenced to bolster the “Hayakve” Initiative and give it the broader presecptive it intends, are the following in chronological order:

The first document is titled: ARMENIAN DECLARATION OF INDEPENDENCE by THE SUPREME COUNICL OF THE ARMENIAN SOCIALIST REPUBLIC. This declaration, commonly known as “Hrtachagakir”, is signed by Levon Ter-Petrosyan as the President of the Supreme Council of the Republic of Armenia and Ara Sahakian as the Secretary of the Supreme Council of the Republic of Armenia and is dated: Yerevan, August 23, 1990. The document may be read by the following link: https://www.gov.am/en/independence/

It is upon this historic document that the September 21, 1991 referendum was carried out that affirmed the first article in the Declaration of Independence that reads: “The Armenian SSR is renamed the Republic of Armenia (Armenia). The Republic of Armenia shall have its flag, coat of arms, and anthem.”

The second document that is referenced in support of the “Hayakve” initiative is titled: DECISION: THE STATUS OF THE REPUBLIC OF THE MOUNTAINOUS KARABAGH. The document is put forth by THE SUPREME COUNCIL OF REPUBLIC OF ARMENIA. It is dated July 8, 1992.  (See the exhibit).

In this document it is spelled out that: "Any international or domestic document, in which the Republic of Nagorno-Karabakh is mentioned as part of Azerbaijan, is considered unacceptable for the Republic of Armenia." But I am not sure if this write-up can be called a document, let alone have any legal binding, because it is not signed and its source remains obscure. 

 I think the “Hayakve” initiative, however well intentioned, should not have been undertaken relying on an unsigned document. I wonder if readers find the use of unsigned document that apparently has no official standing justifiable in support of the “Hayavke” initiative. 

It is up to informed legal experts to rule on the use of such a document and give substance to that generalized statement of the “Hayakve” initiative that ostensibly aims criminalizing, at the constitutional level, the denying the Armenian Genocide and the claiming that Artsakh is in Azerbaijan.