Vahe H Apelian
During the last session of the Armenian National Assembly, a very important matter was discussed. It had to do with amending the Armenian Declaration of Independence / Armenian Constitution. I cited the two documents as one entity because that is what they are, although comments cite the Constitution and those who allege that the Pashinyan government will amend the Armenian Constitution to comply with the demands of Azerbaijan, in fact knowingly or unknowingly, are alluding to the Declaration of Independence, because there is nothing in the Armenian Constitution that refers to any territorial claim, but there is in the Declaration of Independence, the Hrchagakir – Հռչակագիր - which is an integral part, if not the basis, of the Armenian Constitution..
The Armenian Declaration of Independence, consists of a four paragraphs long preamble, that express the “united will of the Armenian people”. Following the preamble, there are 12 distinct declarations. The document is available on line. (see note 1)
The lady who raised the question rightfully noted that the government has repeatedly said that Armenia has no territorial demands from Azerbaijan and that the Constitutional Court having on recently, on September 26, 2024 approved the border delineation and demarcation as being constitutional, affirmed the same. But, she continued commenting, Azerbaijan demands that the Armenian Constitution must be amanded because it makes territorial claims. She asked the PM to present to the public and to the National Assembly the Armenian government’s stand on this issue.
Nikol Pashinyan, in defense of the policies of his government, usually addresses the National Assembly without reading from a prepared text. But this time around he made an exception and read from a prepared text. Surely so, it is an issue that is vital to Armenia and to Armenians. Hopefully the text will be translated and presented to the public.
The PM noted the following:
First: The Azerbaijan government demand is based on the fact that in the preamble of the Armenian Declaration of Independence, there call for the “"Reunification of the Armenian SSR and the Mountainous Region of Karabakh", (see note 1). However, the Constitutional Court on September 26, 2024 in approving the constitutionality of the border delimitation and demarcation of, 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.
Second: The PM noted that Azerbaijan makes note in its October 18, 1991 Constitutional Act to Azerbaijan declaration of independence on May 28, 1918 and on November 1919, Azerbaijan presented its territorial claim to The Entente, also known as the Triple Entente, which was an informal military alliance between France, Great Britain, and Russia that formed the basis for the Allied Powers in World War II. PM Pashinyan further noted as such Azerbaijan lays claim to 60% of the Republic of Armenia.
But the PM noted that Armenia has not made Azerbaijan changing its constitution an issue for two reasons. First it will complicate the peace initiative. Second, the Crossroad for Peace initiative has provisions that claim the parties cannot make their internal stands as a pretext for subverting the peace initiative, and also the peace initiative stipulates that the parties do not have territorial ambitions from each other nor will they raise territorial claims from each other in the future.
As for the ratification of the Crossroad for Peace initiative, The PM claimed that the process mandates that the agreement is approved by the National Assembly of Armenia. But prior to that, the agreement is sent to the Constitutional Court of Armenia to rule on the constitutionality of the agreement. If the Constitutional Court approves its constitutionality – as more likely than not it will approve given its September 26, 2024 approval of the constitutionality of the border demarcation and delineation - the agreement is presented to the National Assembly for ratification. However, should the Constitutional Court, rule that the agreement is not Constitutional, then the government, having already signed the agreement, may initiate amending the constitution, given that it has signed the agreement. It is naturally understood that the citizens of Armenia may or may not approve the proposed amendment or changes in the declaration of independence.
The PM further noted that once the National Assembly ratifies the agreement, the agreement assumes higher legal force per article 5, part 3 of the Armenian Constitution that reads: “In case of conflict between the norms of international treaties ratified by the Republic of Armenia and those of laws, the norms of international treaties shall apply”.
Consequently, the PM said, Armenia has not asked Azerbaijan to amend its Constitution. By the same token within this context, there is no need to amend the Constitution of Armenia and the Declaration of Independence.
Note 1: Declaration of Independence – Hrchagakir – Հրչակագիր:
Note 2: The PM discussing peace agreement in the National Assembly:
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