Armenian constitutional referendum, 2015

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A constitutional referendum was held in Armenia on 6 December 2015. [1] Its amendments to the constitution put the country on a course from having a semi-presidential system to being a parliamentary republic, [2] with the changes beginning to take place during the 2017–18 electoral cycle. [3] The referendum passed with 66.2% of voters supporting it. Voter turnout was 50.8%, passing the 33% threshold to validate the results. [4] [5]

Armenia Republic in South Caucasus in West Asia

Armenia, officially the Republic of Armenia, is a country in the South Caucasus region of Eurasia. Located in Western Asia on the Armenian Highlands, it is bordered by Turkey to the west, Georgia to the north, the de facto independent Republic of Artsakh and Azerbaijan to the east, and Iran and Azerbaijan's exclave of Nakhchivan to the south.

Constitution of Armenia constitution of Armenia

The Constitution of Armenia was adopted by a nationwide Armenian referendum on July 5, 1995. This constitution established Armenia as a democratic, sovereign, social, and constitutional state. Yerevan is defined as the state's capital. Power is vested in its citizens, who exercise it directly through the election of government representatives. Decisions related to changes in constitutional status or to an alteration of borders are subject to a vote of the citizens of Armenia exercised in a referendum. There are 117 articles in the 1995 constitution. On November 27, 2005, a nationwide constitutional referendum was held and an amended constitution was adopted. The constitution was amended again in a national referendum on December 6, 2015 that changed the political structure from a semi-presidential system to a parliamentary republic.

Semi-presidential system system of government

A semi-presidential system or dual executive system is a system of government in which a president exists alongside a prime minister and a cabinet, with the latter being responsible to the legislature of a state. It differs from a parliamentary republic in that it has a popularly elected head of state, who is more than a mostly ceremonial/non-executive, figurehead, and from the presidential system in that the cabinet, although named by the president, is responsible to the legislature, which may force the cabinet to resign through a motion of no confidence.

Contents

Opponents of the new constitution, who argued that the amendment was President Serzh Sargsyan's way to stay in power after the end of his second and last term in office, alleged that violence, coercion and electoral fraud were used to secure the vote. [4]

Serzh Sargsyan 3rd President of Armenia

Serzh Sargsyan is an Armenian politician who served twice as the Prime Minister of Armenia and was the third President of Armenia, from 2008 to 2018. He won the February 2008 presidential election with the backing of the ruling Republican Party of Armenia, a party in which he serves as chairman, and took office in April 2008. On 18 February 2013, he was re-elected as president and served the entire term.

Electoral fraud, sometimes referred to as election fraud, election manipulation or vote rigging, is illegal interference with the process of an election, either by increasing the vote share of the favored candidate, depressing the vote share of the rival candidates, or both. What exactly constitutes electoral fraud varies from country to country.

Background

After being drafted by the Specialised Commission on Constitutional Reforms, the proposed amendments were sent to the National Assembly on 21 August. On 5 October, the National Assembly voted 104–10, with three abstentions to put the proposals to a vote. The Republican Party of Armenia, Armenian Revolutionary Federation and Prosperous Armenia voted in favour, whilst the Armenian National Congress and Heritage voted against. The three abstainers were members of the Rule of Law, with two of the party's MPs voting against the proposals. [6]

National Assembly (Armenia) legislature of Armenia

The National Assembly of the Republic of Armenia, also informally referred to as the Parliament of Armenia is the legislative branch of the government of Armenia.

Republican Party of Armenia political party

The Republican Party of Armenia is a national-conservative political party in Armenia. It was the first political party in independent Armenia to be founded and registered. It is the largest party of the right-wing in Armenia, and claims to have 140,000 members.

Armenian Revolutionary Federation political party founded in 1890

The Armenian Revolutionary Federation (ARF), also known as Dashnaktsutyun, is an Armenian nationalist and socialist political party founded in 1890 in Tiflis, Russian Empire by Christapor Mikaelian, Stepan Zorian, and Simon Zavarian. Today the party operates in Armenia, Artsakh and in countries where the Armenian diaspora is present. Nowadays it constitutes a minor party, and as of December 2018 was represented in two national parliaments with 7 seats in the National Assembly of Artsakh and three seats in the Parliament of Lebanon as part of the March 8 alliance.

Proposed changes

Changes in National Assembly

In the current constitution National Assembly controls the executive branch and is responsible for supervising the budget. Under the amendments, Armenian National Assembly is going to consist of at least 101 deputies, instead of 131.

Moreover, according to electoral law, four seats for ethnic minorities will be allocated, one each for Russians, Yezidis, Assyrians and Kurds, respectively. [7] Additionally proportional electoral system is going to be used in the election of National Assembly.

Russians in Armenia are ethnic Russian living in Armenia, where they make up the largest minority besides the Yazidi Kurds. Roughly 12,500 Russians are believed to live in the country today, concentrated around Yerevan and Gyumri where Russian border guard bases are located. They are believed to make up about 0.5% of the country's population.

Assyrians in Armenia make up the country's third largest ethnic minority, after Yazidis and Russians. According to the 2011 census, there are 2,769 Assyrians living in Armenia, and Armenia is home to some of the last surviving Assyrian communities in the Caucasus. There were 6,000 Assyrians in Armenia before the dissolution of the Soviet Union, but because of Armenia's struggling economy during the 1990s, the population has been cut by half, as many have emigrated.

Kurds in Armenia

The Kurds in Armenia mainly live in the western parts of Armenia. The Kurds of the former Soviet Union first began writing Kurdish in the Armenian in the 1920s, followed by Latin in 1927, then Cyrillic in 1945, and now in both Cyrillic and Latin. The Kurds in Armenia established a Kurdish radio broadcast from Yerevan and the first Kurdish newspaper Rya Taza. There is a Kurdish Department in the Yerevan State Institute of Oriental studies. The Kurds of Armenia were the first exiled country to have access to media such as radio, education and press in their native tongue but many Kurds, from 1939 to 1959 were listed as the Azeri population or even as Armenians.

Furthermore, under the amendments, the National Assembly may adopt a law on amnesty by majority vote of the total number of parliamentarians.

Changes in Election and Appointment of the Prime Minister and his duties

Within a three-day period of the commencement of the term of office of the newly elected National Assembly, the President of the Republic shall appoint as Prime Minister the candidate nominated by the parliamentary majority formed in the procedure prescribed by Article 89 of the Constitution. Within a seven-day period of accepting the Government's resignation in case of the Prime Minister submitting a resignation or the office of the Prime Minister becoming vacant, the Chairman of the National Assembly shall, based on the distribution of parliamentary seats and based on consultations with the parliamentary factions, nominate the prime-minister candidate that enjoys the confidence of the majority of parliamentarians. The National Assembly shall elect the Prime Minister by majority vote of the total number of parliamentarians. If a Prime Minister is not elected, a second round of the vote shall be held seven days after the vote, in which the prime-minister candidates nominated by the factions may take part. If a Prime Minister is not elected by majority vote of the total number of parliamentarians, the National Assembly shall be dissolved by virtue of law.

Formation of the Government Within a 10-day period of the appointment of the Prime Minister, the President of the Republic shall, by proposal of the Prime Minister, appoint the deputy prime ministers and the ministers. Within a 20-day period of the formation of the Government, the Prime Minister shall present to the National Assembly the program of the Government. The National Assembly shall approve the Program of the Government within a seven-day period by majority vote of the total number of parliamentarians. If the National Assembly does not approve the Program of the Government and does not elect a new Prime Minister in accordance with Paragraphs 2 and 3 of Article 148 of the Constitution, then the National Assembly shall be dissolved by virtue of law. If the National Assembly elects the Prime Minister, but once again does not approve the Program of the Government, the National Assembly shall be dissolved by virtue of law.

According to the previous constitution, the prime minister should supervise the Government activities and coordinate the work of the Ministers and should adopt decisions on the organization of the Government activities. According to the new constitution, The Prime Minister shall, within the framework of the Program of the Government, determine the general guidelines of the Government's policy, direct the activities of the Government, and coordinate the work of the Government members. On specific issues, the Prime Minister may give instructions to the Government members. The Prime Minister shall lead the Security Council, the procedure of formation and operation of which shall be prescribed by law.

Changes in Judicial Power

In the current Constitution, it is mentioned, that prosecutor's office is an integrated system. Moreover, the head of prosecutor's office is the Prosecutor General. This statement is the same in the draft of the new constitution. The way of the Prosecutor General's appointment is the main difference. By the Current Constitution, the Prosecutor General is appointed by the National Assembly for a six-year term. Additionally, the National Assembly shall have a recommendation from the President of the Republic. Unlike the current one, draft of the new constitution suggests another way of appointment. That is: Prosecutor General will be appointed by the National Assembly by the three fifth of major votes. However, the term is the same- six years. Both constitutions emphasize the point that the same person cannot be appointed Prosecutor General for more than two consecutive terms. Another alternation is connected with the way of impeachment of the Prosecutor General. The current constitution acclaims, that the Prosecutor General can be impeached only in the cases set by law, having the suggestion of the President. Moreover, the National Assembly must reach the required limit of votes. According to the new constitution, even without the suggestion of the President, National Assembly has the power to impeach the Prosecutor General, only in case of reaching the three fifths of votes of ministers.

Changes in President's duties and responsibilities

The President of the Republic of Armenia shall be the head of the state. (Article 49, chapter 3)

According to the current Constitution:

The President of the Republic shall be elected by the citizens of the Republic of Armenia for a five year term of office. (Article 50, chapter 3)

The same person may not be elected for the post of the President of the Republic for more than two consecutive terms. (Article 50, chapter 3)

Every person having attained the age of thirty five, having been a citizen of the Republic of Armenia for the preceding ten years, having permanently resided in the Republic for the preceding ten years, and having the right to vote is eligible to be elected as President of the Republic. (Article 50, chapter 3)

However, according to the new constitution, the president is going to be elected for 7 years, and that person cannot be elected for more than 1 consecutive term.

Moreover, everyone who has attained the age of 40, has been a citizen of only the Republic of Armenia, has permanently resided in the Republic of Armenia for the preceding six years, and has voting right may be elected as President of the Republic.

The electoral process

According to our current constitution, people elect the president. The candidate who has received more than half of the votes shall be elected President of the Republic.

If the election involves more than two candidates and none of them receives the required number of votes a second round of election shall be held on the fourteenth day following the voting. The two candidates having received the highest number of votes may participate in the second round of election of the President of the Republic. In the second round the candidate receiving the highest number of votes shall be elected President of the Republic. (Article 51,chapter 3)

However, according to the new constitution, The President of the Republic shall be elected by a College of Electors that consists of parliamentarians of the National Assembly and representatives elected by local self-government bodies from among them. The candidate who receives at least a three-fifths majority vote of total number of the Electoral College members shall be elected as President of the Republic. If no candidate receives such majority, a second round of the vote shall be conducted, in which all candidates that participated in the first round may participate. The candidate that receives more than half of the votes of the Electoral College members shall be elected as President of the Republic. If no candidate receives more than half of the votes of the Electoral College members in the second round, a third round of the vote shall be conducted, in which the two candidates that received the largest number of votes shall participate. In the third round, the candidate that receives more votes shall be elected as President of the Republic.

Furthermore, The President of the Republic of Armenia shall sign and publish a law adopted by the National Assembly .He or she shall apply to the Constitutional Court to determine the conformity of the law with the Constitution.. If the Constitutional Court decides that the law is in conformity with the Constitution, then the President of the Republic shall sign and publish the law within a five-day period.

Criticism

The referendum has been nicknamed "Sargsyan's project" by critics because it would allow incumbent president Serzh Sargsyan to de facto remain in power after his second term if the ruling Republican Party wins the new parliamentary elections. [8] Heritage party leader Raffi Hovannisian stated that the proposed constitutional reform is carried out to establish a single political party-state in Armenia. [9]

Heritage (Armenia) political party

Heritage is an Armenian national liberal party. It was founded in 2002 by Raffi Hovannisian, independent Armenia's first Foreign Minister.

Raffi Hovannisian Armenian politician

Raffi K. Richard Hovannisian is an American-born Armenian politician, the first Foreign Minister of Armenia and the founding leader of the national liberal Heritage party. He is the founder of the Armenian Center for National and International Studies, the country's first independent research center.

A one-party state, single-party state, one-party system, or single-party system is a type of state in which one political party has the right to form the government, usually based on the existing constitution. All other parties are either outlawed or allowed to take only a limited and controlled participation in elections. Sometimes the term de facto one-party state is used to describe a dominant-party system that, unlike the one-party state, allows democratic multiparty elections, but the existing practices or balance of political power effectively prevent the opposition from winning the elections.

Positions of parliamentary parties

A billboard on Yerevan's Baghramyan Avenue advocating a yes vote 2015 Armenian constitutional referendum yes billboard.jpg
A billboard on Yerevan's Baghramyan Avenue advocating a yes vote
Yes
No

Endorsements

A poster from the Jirair Sefilian-led anti-government organization reading: "No to the criminal regime's new constitution" "No to the criminal regime's new constitution".jpg
A poster from the Jirair Sefilian-led anti-government organization reading: "No to the criminal regime's new constitution"

Minor (extra-parliamentary) parties

Yes
No

Individuals

No

Opinion polls

DatePoll sourceYesNo
24 November 2015 Advanced Public Research 35.8%31.8%
10–21 September 2015 Gallup International 29.1%26.1%

Conduct

Levon Zourabian, who led the "No" camp, claimed there had been "mass cases of ballot-stuffing, violence, pressure, vote-buying". The European Platform for Democratic Elections reported "an unprecedented number of violations". [24] In contrast, Russian observers reported that there were no violations or incidents during the voting. [25]

Results and reactions

ChoiceVotes%
For825,85166.20
Against421,60033.80
Invalid/blank votes53,332
Total1,303,466100
Registered voters/turnout2,567,04750.78
Source: Central Electoral Commission

Zourabian boycotted the following day's parliamentary session, and hundreds of protesters against the new constitution demonstrated in Yerevan. [4] The Parliamentary Assembly of the Council of Europe deemed that the low turnout was due to the new constitution being in the interests of the government rather than the population, and decried what it saw as a lack of public debate preceding the vote. [4] None of these allegations were supported by Russian electoral observers. [25]

See also

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References

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