A Bombastic reporting

Vahe H Apelian 

Horizon’s reporting in the November 15, 2024 issue titled that  “As Pashinyan Again Blasts Independence Declaration, Chief Justice Says Only the People Can Change the Document” is a bombastic reporting that serves to  muddy the political waters when a very important matter calls for restraint, and pragmatism in the press.

The PM, during the last session of the National Assembly, publicly declared that there is no need to amend the Constitution of Armenia. However, he also said, should the Constitutional Court rule against the constitutionality of the Crossroad for peace initiative the Armenian government signs, then the matter becomes a political issue and may call for amending the Constitution / Declaration of Independence.

In ruling in favor of the constitutionality of the border delimination and demarcation, the Constitutional Court has put forth the following argument. The preamble of the Armenian Declaration of Independence, calls for the “"Reunification of the Armenian SSR and the Mountainous Region of Karabakh". However, the Constitutional Court in its September 26, 2024 ruling in approving the constitutionality of the border delimitation and demarcation , has noted that the Armenian Declaration of Independence was worded on August 20, 1990, and in the context of the time when Armenia was one of the 15 soviet socialist republics that made the Soviet Union. Armenia declared itself as a sovereign state on September 21, 1991 and adopted its constitution on 1995. There is a long gap between the Declaration of Independence and the free and independent Republic of Armenia with its constitution. There is no direct or indirect mention of any territorial demand in the constitution of Armenia. (see the notes)

The Constitutional Court at no time invalidated or nullified the Declaration of Independence, Of course Armenia’s Chief Justice Arman Dilanyan said the obvious, that “only the people can nullify Armenia’s Declaration of Independence.” It is strange that people have put the Chief Justice in a such a bind that he would be compelled to state the obvious. 

I too have read the Declaration of Independence many times. I value the document in the context of its time. Otherwise, it would be a strange document to be the foundation of the Republic of Armenia. Whether it’s the Pashinyan government or whoever is going to assume power after him, will have to contend with it. I too find that the Declaration of Independence rules on an Armenia only in unison with the Mountainous Republic of Karabakh. I do not find that Pashinyan is too much off when he said that he finds that “the content of that Declaration of Independence is that the Republic of Armenia cannot exist”.

As I said cooler heads, pragmatism need to prevail and avoid politicizing the Declaration of Independence. If the political parties want to shoot themselves at their feet, they may continue politicizing the Declaration of Independence to their demise and hence Armenia’s demise.

The PM was being accused that he will give in to Azerbaijan’s demand and have the Constitution amended to comply. Now that the PM elaborated that there need not be amending the Constitution, it is the opposition figures who accuse the PM and the Constitutional Court of having subverted the Declaration of Independence and thus the Constitution. It is an inordinately impossible and contradictory impasse for political process! It would not surprise me that as a last resort the citizens of Armenia may take the matters into their hands and resort to amending the Declaration of Independence and the Constitution.

Note 1: Declaration of Independence – Hrchagakir – Հրչակագիր: https://www.gov.am/en/independence/

Note 2: The PM discussing peace agreement in the National Assembly: https://www.facebook.com/nikol.pashinyan/videos/1141154374095638

Note 3: Will Armenian amend its constitution?:

http://vhapelian.blogspot.com/2024/11/will-armenia-amend-its-constitution_13.html