Vahe H Apelian
Today, July 5, 2024, Asbarez daily reported that “Claiming that the current Armenian Constitution does not “express” the views of the lay Armenian citizen, Prime Minister Nikol Pashinyan again called for the adoption of a new constitution on Friday—Armenia’s Constitution Day.” The Armenian Constitution Day is July 5.
There was nothing new in the PM’s announcement. I would like to bring to attention that, six months ago, on January 19, 2024, Prime Minister Nikol Pashinyan announced the same. He said: "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, at the time, “A Velvet Constitution”, and point out that amending the Constitution does not enflame emotion. The Constitution was approved in 1995 and was amended in 2005 and in 2015. It is the inevitable change of the Declaration of Independence - Hrchagakir, that enflames emotions. The Declaration of Independence has not been amended since it was issued. There is nothing unique about the Constitution of Armenia. Save few provisions, any democratic country may adopt it. But, the Constitution of Armenia and also, for an example the Constitution of United States of America, are outcomes to their declarations of independence. In case of Armenia, it is the famed Hrchagakir, which is very Armenian and only Armenian. Consequently, it behooves us to reflect on what transpired as the Soviet Union imploded, and Armenia declared its independence and emerged as an independent country.
The Soviet Union formally dissolved on 26 December 1991. But as early as in May 1989, the Secretary of State, James Baker III announced that the Soviet Union that we knew does not exist anymore. Obviously the 15 republics that made the Soviet Union were on high gear to face the inevitable formalization of the dissolution. In case Soviet Armenia and Nagornoa Karabagh Autonomous Oblast (NKAO), the specter of post-Soviet unification seemed palpable.
On December 1, 1989, there was a joint resolution of the Armenia SSR - Soviet Socialist Republic - and the Nagorno Karabakh Autonomous Oblast (NKAO), 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 extend 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”. (see below)
Please make a note of the three underlined regions in the last sentence for unification with Armenia. Shahumian region and Getashen districts remained under Azeri rule as first Artsakh war came to a halt leading to the founding of the Republic of Mountainous Karabagh, which later was named Republic of Artsakh.
On August 23, 1990, the Supreme Council of the Armenian Soviet Socialist Republic issued its Declaration of Independence, the famed Hrchagakir – Հռչակագիր. There was no independent Armenia yet. 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.
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 textual document is available, but it was never signed or ratified, (see below).
From there on, until its fateful sad finality, the Republic of Armenia did not recognize the Republic of Artsakh, nor incorporated it as a district -marz – of Armenia. Azerbaijan began blockading Artsakh in December 2022, and launched a large-scale military offensive in September 2023, resulting in a ceasefire agreement. Most ethnic Armenians fled, and Artsakh was officially dissolved on 1 January 2024.
You may remember the “Hayakve” initiative. According to my records it ended on August 19, (2023), a month before Artsakh's depopulation. It 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. The citizens of Armenia were called upon to sign a general and unspecific “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 unsigned DECISION-VOROSHOUM (ՈՐՈՇՈՒՄ) document, but for reasons of their own, went in round about ways. The response of the citizens of Armenia was very timid, at best.
The PM’s call for new constitution will likely annul or rather amend the Declaration of Independence of Armenia as ratified on August 23, 1990 and likely will 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.
The citizens of Armenia face a crucial period in our history. They will have to assume the responsibility and the commitment of what they approve to chart the course of Armenia.
I support the choice the citizens of Armenia will make.
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