V.H. Apelian's Blog

V.H. Apelian's Blog

Wednesday, January 31, 2024

Well beyond the constitution

Vahe H Apelian

 

On January 19, 2024, Prime Minister Nikol Pashinyan announced that Armenia needs a new constitution: "We want to have a constitution that makes the Republic of Armenia more viable in the new geopolitical and regional conditions," said the prime minister.

Let us go beyond the “Haierenik” weekly’s sarcastic editorial, titled “A Velvet Constitution?”. Surely any Armenian who has a rudimentary interest in what is going on in Armenia understands the underlying uncalled-for sarcasm of “Hairenik”'s editor. But it behooves us to  ask ourselves. Why would the PM say we need a new constitution and not say we need to amend our constitution? In order to find an answer, I would like to take us a few years before present third - some will claim it’s the second -. republic of Armenia was born and cite the following documents.

On December 1, 1989, there was a joint resolution of the Armenia SSR - Soviet Socialist Republic - and the Nagorno Karabakh Oblast on REUNIFICATION.  The resolution stated the following: “Proceeding from the universal principles of national self-determination and acceding to legal aspiration for reunification of the two segments of the Armenian people torn apart by force, the Armenian Supreme Soviet recognizes the fact of NKAO's – (note: Nakorno Karabagh Autonomous Oblast) - self-determination, and the congress of the plenipotentiary representatives of the NKAO and the National Council it has elected as the sole legal authority in force in oblast. The Armenian Supreme Soviet and NKAO National Council declare the reunification of the Armenian Republic and the NKAO. The Armenian republic citizenship rights extends over the population of the NKAO. The Supreme Soviet and the National Council hereby set up a joint commission to formulate practical steps to realize reunification. They assume the obligation to represent the national interests of the Armenian population in northern Artsakh (NKAO), Shahumian region, and Getashen districts”. Please note the three underlined regions in the last sentence for unification with Armenia.

On August 23, 1990, the Supreme Council of the Armenian Soviet Socialist Republic issued its declaration of independence, the famed Hrchagakir – Հռչակագիր. Its preamble reads as follows referring to the December 1, 1989 resolution: 

“Expressing the united will of the Armenian people;

Aware of its historic responsibility for the destiny of the Armenian people engaged in the realization of the aspirations of all Armenians and the restoration of historical justice;

Proceeding from the principles of the Universal Declaration on Human Rights and the generally recognized norms of international law;

Exercising the right of nations to free self-determination;

Based on the December 1, 1989, joint decision of the Armenian SSR Supreme Council and the Artsakh National Council on the "Reunification of the Armenian SSR and the Mountainous Region of Karabakh;"

Developing the democratic traditions of the independent Republic of Armenia established on May 28, 1918; “ Declares...... The text can be easily found in the internet. It was signed by Levon Ter-Petrossian, President of the Supreme Council of the Republic of Armenia and Ara Sahakian, the secretary of the Supreme Council of the Republic of Armenia.

After the citizens of the Soviet Armenia voted for independence on September 21, 1991,  on August 8, 1992,  the Supreme Council of the Republic of Armenia issued a Decision – Որոշում – that would affirm that “For the Republic of Armenia, any international or domestic document, in which the Republic of Nagorno-Karabakh is mentioned as part of Azerbaijan, is  unacceptable".” The texual document is available, but it was never signed or ratified (see below).  

If you remember the “Hayakve” inititative that, according to my records, ended on August 19, (2023), appeared aimed amending 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 were called upon to sign in support of the “Hayakve” initiative, was GENERAL and UNSPECIFIC and made no mention of amending the constitution. Those who signed the “Hayakve” initiative attested 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". But the initiators of the "Hayakve" appeared to have the ratification of the above unsighted document, but for reasons of their own, went in round about ways.

The PM’s call for new constitution will annul or rather amend the Declaration of Independence of Armenia as ratified on August 23, 1990 and have any statement in regard to the unification with Artsakh or any territorial claim from its neighbors, removed and made clear that Armenia does not have territorial claims from its neighbors.

Of course, this has come about from Azerbaijan and Turkey. But I do not entertain their pressure as I raise the following fundamental issue. Does Armenia have any territorial claim from its neighbors? If not, why does Armenia retain the reunification with Nakorno Karabagh on the preamble of the Declaration of Independence? After all, the Declaration of Independence charts the course  of the Armenian state. 

Recently I followed a discussion between a Civil Contract member and a member of the ARF. The former claimed that Armenia does not have any territorial claim from its neighbors, even though his grandparents were from Erzeroum.  The ARF member claimed that Armenia is the cradle of national aspiration. But avoided the crux of the matter. 

The citizens of Armenia face a crucial period in our history and will need to define what Armenia stands for and in the process impact on what makes us Armenians. As far as I am concerned, the diaspora Armenians, such as I, have already made the choice. We do not uphold perpetuating Armenia as a symbol of national aspiration. Yes, that cannot be done from a distance although we surely desire it and aspire it. It is a self-deception to claim we hold Armenia the cradle of our national aspirations but choose not to live in Armenia and not do contribute and do not assume the responsibilities citizens do. It is also not constructive to attempt to influence from beyond the border- ardasahman - the choice the citizens of Armenia will make and attempt to influence them from Diaspora. Cooler heads should prevail as Armenia faces formidable challenges to be. 

I stand and support the choice the citizens of Armenia make.  

*****

Armenia: Declaration of Independence 

https://www.gov.am/en/independence/

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