Armenian constitutional referendum, 2005

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A constitutional referendum was held in Armenia on 27 November 2005. The referendum was on a series of changes to the constitution of Armenia which were backed by the international community. The official results had a high turnout and overwhelming support for the changes. However the opposition and election monitors said that there were serious irregularities with the referendum.

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.

Voter turnout percentage of eligible voters who cast a ballot in an election

Voter turnout is the percentage of eligible voters who cast a ballot in an election. Eligibility varies by country, and the voting-eligible population should not be confused with the total adult population. Age and citizenship status are often among the criteria used to determine eligibility, but some countries further restrict eligibility based on sex, race, or religion.

Contents

The referendum was nicknamed the "referendum of ghosts" by the opposition. [1]

Background

As part of Armenia's commitment on joining the Council of Europe in 2001 changes to the 1995 constitution of Armenia were required. An earlier attempt at amending it were unsuccessful at a 2003 referendum. [2] The early drafts of a new constitution were criticised by the Venice Commission of the Council of Europe but amendments were made in September 2005 to address their objections. [3] The new constitution was passed by the National Assembly of Armenia unanimously after the opposition parties boycotted the vote. [3]

Council of Europe International organization for defending human rights

The Council of Europe is an international organisation whose stated aim is to uphold human rights, democracy and the rule of law in Europe. Founded in 1949, it has 47 member states, covers approximately 820 million people and operates with an annual budget of approximately half a billion euros.

The Venice Commission is an advisory body of the Council of Europe, composed of independent experts in the field of constitutional law. It was created in 1990 after the fall of the Berlin Wall, at a time of urgent need for constitutional assistance in Central and Eastern Europe. The Commission's official name is the European Commission for Democracy through Law, but due to its meeting place in Venice, Italy, where sessions take place four times a year, it is usually referred to as the Venice Commission.

The changes to the constitution would transfer some powers from the President to the National Assembly, the Prime Minister and other ministers. The independence of the judiciary was meant to be strengthened by removing the President from the Council of Judges, which appoints the judges in Armenia. [4] The amended constitution was intended to introduce more respect for human rights and permit Armenians who live overseas to gain citizenship by allowing Armenians to be citizens of more than one nation. [2] Other changes would give the President immunity from prosecution for most offences while in office, remove the requirement for a referendum to be held on any changes to the borders and make the mayoralty of Yerevan an elected post. [3] Most of the changes to the constitution would come into effect after the next parliamentary elections in 2007. [5]

President of Armenia

The President of Armenia is the head of state and the guarantor of independence and territorial integrity of Armenia elected to a single seven year term by the National Assembly of Armenia. Under Armenia's parliamentary system, the President is simply a figurehead and holds ceremonial duties, with most of the political power vested in the Parliament and Prime Minister.

Prime Minister of Armenia Head of Government of Armenia

The Prime Minister of Armenia is the head of government and most senior minister within the Armenian government, and is required by the constitution to "determine the main directions of policy of the Government, manage the activities of the Government and coordinate the work of the members of the Government." Also, according to the constitution, the Prime Minister heads the Security Council, which prescribes the main directions of the country's defense policy; thus, the Prime Minister is effectively the commander-in-chief of the Armed Forces of Armenia.. Under the new 2015 constitution, the Prime Minister is the most powerful and influential person in Armenian politics. The Prime Minister is appointed by the President of Armenia upon the vote of the National Assembly. The Prime Minister can be removed by a vote of no confidence in Parliament. In the constitutional referendum held in 2015, citizens voted in favor of transferring Armenia into a parliamentary republic.

Human rights Inalienable fundamental rights to which a person is inherently entitled

Human rights are "the basic rights and freedoms to which all humans are entitled" Examples of rights and freedoms which are often thought of as human rights include civil and political rights, such as the right to life, liberty, and property, freedom of expression, pursuit of happiness and equality before the law; and social, cultural and economic rights, including the right to participate in science and culture, the right to work, and the right to education.

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Campaign

In order for the referendum to be successful a majority of those who voted had to support the changes and the supporters had to be at least a third of the 2.3 million registered voters of Armenia. [3] This requirement for a third of voters to vote became the biggest issue in the referendum with most talk over whether that turnout would be reached. Opinions polls for Yerevan in July and September showed that there would only be a low turnout, with the September poll showing only 13% would definitely vote. [6]

Voter registration is the requirement that a person otherwise eligible to vote register on an electoral roll before they will be entitled or permitted to vote. Such enrollment may be automatic or may require application being made by the eligible voter. The rules governing registration vary between jurisdictions. Some jurisdictions have "election day registration" and others do not require registration, or may require production of evidence of entitlement to vote at time of voting. In some jurisdictions registration by those of voting age is compulsory, while in most it is optional. In jurisdictions where registration is voluntary, an effort may be made to encourage persons otherwise eligible to vote to register, in what is called as a voter registration drive.

Yerevan City in Armenia

Yerevan is the capital and largest city of Armenia as well as one of the world's oldest continuously inhabited cities. Situated along the Hrazdan River, Yerevan is the administrative, cultural, and industrial center of the country. It has been the capital since 1918, the fourteenth in the history of Armenia and the seventh located in or around the Ararat plain. The city also serves as the seat of the Araratian Pontifical Diocese; the largest diocese of the Armenian Apostolic Church and one of the oldest dioceses in the world.

A coalition of 17 opposition parties came out against the changes in the constitution. [3] They were opposed to some specific changes such as giving the president immunity and giving overseas Armenians citizenship. [3] However their main opposition was based less on any specific clauses in the constitution, but because they said that the government which was proposing the changes was illegitimate. [3] Their position was that the President Robert Kocharyan had come into, and stayed in, power through rigged elections. [7] The opposition called on voters to boycott the vote, to take part in civil disobedience and tried to use the Rose Revolution in Georgia as an example. However the opposition had little access to the media and their campaign saw widespread public apathy. [8] An opposition rally in Yerevan on the weekend before the election saw only about 1,500 people take part, [9] while another rally on the day before the election had a participation in the hundreds. [10]

Robert Kocharyan second President of Armenia

Robert Kocharyan is an Armenian politician who served as the second President of Armenia between 1998 and 2008. He was previously President of Nagorno-Karabakh from 1994 to 1997 and Prime Minister of Armenia from 1997 to 1998. He was arrested on December 7, 2018.

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.

Civil disobedience active, professed refusal to obey certain laws, demands, and commands of a government, or of an occupying international power

Civil disobedience is the active, professed refusal of a citizen to obey certain laws, demands, orders or commands of a government or occupying international power. Civil disobedience is sometimes defined as having to be nonviolent to be called civil disobedience. Civil disobedience is sometimes, therefore, equated with nonviolent resistance.

The government campaigned in favour of the constitution and attempted to get copies of the draft constitution to every family in Armenia in the weeks before the referendum. [8] They confidently predicted success and President Kocharyan pledged to respect the results of the referendum. [5]

The European Union, United States and Council of Europe all backed the proposed changes to the constitution. [11] After the changes made to the proposed draft constitution in September 2005, the Venice Commission backed the changes, and the Council of Europe urged Armenians to vote in order to show their commitment to Europe. [12] The United States said that the changes would strengthen the institutions in Armenia. As the election neared the British Council sponsored a "Rock the Referendum" concert to try to increase voter interest. [13]

Few international Election monitors observed the referendum, with only 12 coming from the Council of Europe. [14] The Organization for Security and Co-operation in Europe (OSCE) did not send any observers as they said they had not received any invitation from the government of Armenia. [14] The Armenian government's position was that the OSCE's Office for Democratic Institutions and Human Rights had no mandate to observe referendums. [15] A local group, Choice is Yours, did arrange for around 2,000 Armenians to monitor the referendum. [16]

Conduct

On the day of the election President Kocharyan was among the people to vote and the opposition citicised him for publicly showing his 'yes' ballot paper, which they said violated the constitution. [12] Reports on the vote said that many polling places were deserted with few people voting. [12] However the official results showed a turnout of over 65% of the electorate with an overwhelming yes vote, thus easily meeting the required level. This turnout level was one of the highest in Armenia's post-soviet history. [17]

The opposition said that there was massive ballot stuffing and that turnout in reality was only 16 to 21% of the electorate. [15] The observers from the Council of Europe reported that there were serious abuses in the referendum and said that the official turnout figures did not match reality. [18] However they did believe that the required 33% turnout level was probably met. [15] The United States State Department called on the government to investigate abuses in the referendum while the European Union expressed concern. [19] Neither, however, supported the protests that the opposition were calling for. [20]

President Kocharyan described the result as "a great victory in the strengthening of democracy and the making of civil society in Armenia." [18] The governing political parties in Armenia also described the referendum as a success and said that any problems with the referendum would not have affected the result. [17] Some government members and supporters expressed concerns including, Hranush Kharatian, the head of the government department of ethnic minorities and religious affairs and Alvard Petrosian, a deputy from the governing Armenian Revolutionary Federation party. [21] The head of the Central Electoral Commission certified the results but with the opposition members of the commission disagreeing. [18]

Results

ChoiceVotes%
For1,411,71194.50
Against82,0185.50
Invalid/blank votes20,364-
Total1,514,093100
Registered voters/turnout2,317,46265.33
Source: Direct Democracy

Aftermath

The opposition held a series of rallies in the two weeks following the referendum but did not attract a large number of people confirming the largely apathetic feelings of much of the population. The first rally on the 28 November attracted five to ten thousand people but over the next two weeks the rallies gradually fizzled out. [15] [20]

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References

  1. ↑ "Many have forgotten. Robert Kocharyan's constitutional referendum in 2003 failed". armtimes.com. 2014-07-24.
  2. 1 2 "The Armenian opposition movement demonstrates on the day following the referendum on the Constitution". Caucaz. 2005-12-13. Retrieved 2009-03-11.
  3. 1 2 3 4 5 6 7 "Constitutional Wrangling in Armenia". Institute for War and Peace Reporting . 2005-11-03. Retrieved 2009-03-11.
  4. ↑ "Election Profile for Armenia". ElectionGuide. Retrieved 2009-03-11.
  5. 1 2 "ARMENIANS VOTING IN TENSE CONSTITUTIONAL REFERENDUM". Eurasianet.org. 2005-11-27. Retrieved 2009-03-11.
  6. ↑ "Minister Rules Out Regime Change After Armenian Referendum". www.armenialiberty.org. 2005-10-05. Retrieved 2009-03-11.
  7. ↑ "Kocharian 'Not Eligible For Third Term,' Insists Ally". www.armenialiberty.org. 2005-11-17. Retrieved 2009-03-11.
  8. 1 2 "Armenia: Opposition Calls For Boycott Of Constitutional Referendum". Radio Free Europe/Radio Liberty . 2005-11-23. Archived from the original on 14 February 2009. Retrieved 2009-03-11.
  9. ↑ "Armenia: Opposition Contests Official Turnout Figures In Referendum". Radio Free Europe/Radio Liberty . 2005-11-28. Archived from the original on 14 February 2009. Retrieved 2009-03-11.
  10. ↑ "Protesters Call For Boycott Of Armenian Referendum". Radio Free Europe/Radio Liberty . 2005-11-26. Archived from the original on 15 February 2009. Retrieved 2009-03-11.
  11. ↑ "Armenian Parliament Opens Final Debates On Constitution". www.armenialiberty.org. 2005-08-29. Retrieved 2009-03-11.
  12. 1 2 3 "Armenia: Opposition Claims Fraud In Controversial Referendum". Radio Free Europe/Radio Liberty . 2005-11-27. Archived from the original on 14 February 2009. Retrieved 2009-03-11.
  13. ↑ ""Yes" "No" "Neither": Opposition urges third option – don't vote in referendum". ArmeniaNow. 2005-11-25. Retrieved 2009-03-11.
  14. 1 2 "U.S. Lawmaker Hopes For OSCE Monitoring Of Armenian Referendum". www.armenialiberty.org. 2005-11-09. Retrieved 2009-03-11.
  15. 1 2 3 4 "TURNOUT CONTROVERSY CLOUDS ARMENIAN CONSTITUTIONAL REFERENDUM". Eurasianet.org. 2005-11-29. Retrieved 2009-03-11.
  16. ↑ "West Unlikely To Scrutinize Armenian Referendum". www.armenialiberty.org. 2005-11-03. Retrieved 2009-03-11.
  17. 1 2 "Kocharian Thanks Armenians For 'Great' Referendum Win". www.armenialiberty.org. 2005-11-29. Retrieved 2009-03-11.
  18. 1 2 3 "Armenia's Opposition Calls On President To Resign". Radio Free Europe/Radio Liberty . 2005-11-29. Archived from the original on 15 February 2009. Retrieved 2009-03-11.
  19. ↑ "U.S. Sticks To Cautious Line On Armenian Referendum". www.armenialiberty.org. 2005-12-07. Retrieved 2009-03-11.
  20. 1 2 "WEST UNLIKELY TO SANCTION ARMENIA FOLLOWING ANOTHER TROUBLED VOTE". Eurasianet.org. 2005-12-12. Retrieved 2009-03-11.
  21. ↑ "Armenian Referendum Was Rigged, Says Government Official". www.armenialiberty.org. 2005-12-28. Retrieved 2009-03-11.
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