Vahe H Apelian
On Friday, July 5, 2024, Asbarez daily reported that Prime Minister Nikol Pashinyan called for the adoption of a new constitution. July 5 is Armenia’s Constitution Day. There was nothing new in the PM’s announcement. Six months ago, on January 19, 2024, the prime minister 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."
Article 1 of the Constitution of the Republic of Armenia of states that: "The Armenian people — taking as a the fundamental principles of the Armenian Statehood and the nation-wide objectives enshrined in the Declaration on the Independence of Armenia, … adopt the Constitution of the Republic of Armenia.” Any reference the pm Nikol Pashinyan made about the constitution pertains to the Declaration of Independence, which as the article 1 states, constitutes the cornerstone of the Armenian Constitution.
Blanketed accusatory statements that Nikol Pashinyan wants to change the constitution leave the impression that the Armenian Declaration of Independence and/or the Constitution are not read to have meaningful comments for debate. Naturally, it is the citizens of Armenia who will ratify any proposed change.
I copied and posted below the Declaration of Independence.
Do you find it properly worded?
Does it need amending?
As far as I am concerned, it needs amending. Surely, It is up to a reader to claim that the Declaration of Independence is a properly worded document and does not need to be amended. Obviously, the PM does not think so.
Which statements in the Armenian Constitution the prime minister thinks are issues for contention and need to be reworded, or maybe altogether removed? Could the following statements in the Declaration of Independence, be the issues of contention the citizens of Armenia have to vote to retain, or vote for a revised wording, or have it removed altogether?
The statements in the Declaration of Independence that I marked in red color and with a raised hand, may be considered contentious.
Attached is the Armenian Declaration of Independence, I copied and posted and indicated the reference source below.
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DECLARATION OF INDEPENDENCE
The Supreme Council of the Armenian Soviet Socialist Republic
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;
The beginning of the process of establishing of independent statehood positioning the question of the creation of a democratic society based on the rule of law;
1. The Armenian SSR is renamed the Republic of Armenia (Armenia). The Republic of Armenia shall have its flag, coat of arms, and anthem.
2. The Republic of Armenia is a self-governing state, endowed with the supremacy of state authority, independence, sovereignty, and plenipotentiary power.Only the constitution and laws of the Republic of Armenia are valid for the whole territory of the Republic of Armenia.
3. The bearer of the Armenian statehood is the people of the Republic of Armenia, which exercises the authority directly and through its representative bodies on the basis of the constitution and laws of the Republic of Armenia. The right to speak on behalf of the people of the Republic of Armenia belongs exclusively to the Supreme Council of Armenia. ✋✋✋
4. All citizens living on the territory of Armenia are granted citizenship of the Republic of Armenia. Armenians of the Diaspora have the right of citizenship of Armenia. The citizens of the Republic of Armenia are protected and aided by the Republic. The Republic of Armenia guarantees the free and equal development of its citizens regardless of national origin, race, or creed.
5. With the purpose of guaranteeing the security of the Republic of Armenia and the inviolability of its borders, the Republic of Armenia creates its own armed forces, internal troops, organs of state and public security under the jurisdiction of the Supreme Council. The Republic of Armenia has its share of the USSR military apparatus. The Republic of Armenia determines the regulation of military service for its citizens independently. Military units of other countries, their military bases and building complexes can be located on the territory of the Republic of Armenia only by a decision of Armenia’s Supreme Council. The armed forces of the Republic of Armenia can be deployed only by a decision of its Supreme Council.✋✋✋
6. As the subject of international law, the Republic of Armenia conducts an independent foreign policy; it establishes direct relations with other states, national-state units of the USSR, and participates in the activity of international organizations.✋✋✋
7. The national wealth of the Republic of Armenia - the land, the earth’s crust, airspace, water, and other natural resources, as well as economic and intellectual, cultural capabilities are the property of its people. The regulation of their governance, usage, and possession is determined by the laws of the Republic of Armenia. The v has the right to its share of the USSR national wealth, including the supplies of gold and diamond, and hard currency funds.✋✋✋
8. The Republic of Armenia determines the principles and regulation of its economic system, creates its own money, national bank, finance-loan system, tax and custom services, based on the system of multiple forms of property ownership.
9. On its territory, the Republic of Armenia guarantees freedom of speech, press, and conscience; separation of legislative, executive, and judicial powers; a multi-party system; equality of political parties under the law; depolitization of law enforcement bodies and armed forces.
10. The Republic of Armenia guarantees the use of Armenian as the state language in all spheres of the Republic’s life; the Republic creates its own system of education and of scientific and cultural development.
11, The Republic of Armenia stands in support of the task of achieving international recognition of the 1915 Genocide in Ottoman Turkey and Western Armenia.✋✋✋
12. This declaration serves as the basis for the development of the constitution of the Republic of Armenia and, until such time as the new constitution is approved, as the basis for the introduction of amendments to the current constitution; and for the operation of state authorities and the development of new legislation for the Republic.
Signed by:
Levon Ter-Petrossian
President of the Supreme Council of the Republic of Armenia
Ara Sahakian
Secretary of the Supreme Council of the Republic of Armenia
Yerevan
August 23, 1990
***
Reference Sources:
Armenian Declaration of Independence
In English: (https://www.gov.am/en/independence/)
Հայերէն - (https://www.gov.am/am/independence/)
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