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Thank you for giving me this opportunity today to speak with you.
There is no more current theme today, in Armenia, than constitutional
reforms. I¹m pleased to be addressing this theme with this
audience today, because it is you students who will be affected
by the changes which these amendments propose, and it is you who
can become the advocates of these changes.
This campaign is both a political campaign and an educational campaign.
It is important that we, the voters, truly understand what these
changes mean. This issue ought to be objectively, honestly, openly
discussed so that everyone can in fact reach the right conclusion.
That¹s what I want to do here today.
I have followed the discussions surrounding the constitutional changes
both the discussions in the parliament during the three readings,
before this package was passed, and the discussions that have followed
in the press, and in various forums.
What is clear is that those opposed to these changes do not have
any logical, grounded objections. The most vocal opponents voice
objections that are really excuses with no underpinnings. Why these
excuses? We can speculate about that. But first let me talk about
the excuses themselves.
These excuses fall into two categories: Those which are general
and ideological, and those which ostensibly address the content
of the reforms, the actual changes.
Among the ideological excuses for opposing the reforms, there are
three fundamental and often-repeated accusations: 1. The political
environment is not right today for such a serious discussion.
2. Today¹s authorities are not legitimate, therefore they do
not have the right to propose constitutional reforms. 3. Today¹s
authorities have violated the Constitution, and therefore have no
right to discuss constitutional reforms.
All three of these excuses give more importance to the opposition¹s
quarrel with the authorities, than the Constitution and its needs.
They think their own power struggle is more important than what
Armenian society needs to move forward socially, politically, even
economically. After all, that is what a Constitution does. In Armenian,
the sahmanadrutyun¹ does what the word says it
identifies the limits, defines the parameters, establishes perspectives
on individual rights, society¹s rights and the responsibilities
of the state and the government to its people. It defines this most
important relationship. In English, the word Constitution means
this is the document that defines who we are as a people, what our
values are, what constitutes our ideology and our value system.
This is what a Constitution is, and to oppose the idea of it, or
our opportunity to define it and improve it, means opposing the
right of a society to grow, to evolve, to flourish.
So, why should the people be punished as a result of what the authorities
may or may not have done? If the authorities were illegitimate,
wouldn¹t international organizations have made some statement
in that regard? If the political environment is not right today,
when will it be right? Who is to say when it¹s right? There
will always be political forces, opposition, which will consider
the environment not appropriate for something.
Was the environment suitable in 1995, when today¹s Constitution
was passed? Imagine if we had fallen victim to similar excuses then
and had not adopted this Constitution. What if we didn¹t have
a Constitution in 1998 when there was an unexpected change of administration?
What kind of chaos would have reigned in 1999, after October 27,
had we not had a Constitution? Good or bad, this Constitution has
worked for this Republic at this time. Now, we need to modify it
in order for it to keep pace with our changing needs.
It is ironic but those in opposition are rejecting the very reforms
which will in fact go a long way toward facilitating the improvement
of the political climate.
The opposition to the content of the changes is also ill-thought
and unreasonable. There are certain myths which are thrown about
in order to try to prove that these changes can adversely affect
the life and well-being of this country and its people.
Myth 1: the reforms make possible changes in Armenia¹s borders
without requiring a referendum.
Myth 2: non-citizens will have limitless opportunity to buy up land.
Myth 3: by removing the obstacle to dual citizenship, Armenia¹s
domestic politics will be controlled by those living outside Armenia.
Myth 4: these changes will make the President immune from criminal
prosecution, and in addition, he will be able to run again for two
more terms.
Each of these truly is a myth.
Regarding our territorial integrity: the proposed change in the
Constitution is simply procedural. The requirements remain the same
that any changes in borders must be approved by the National
Assembly; that is, by the people¹s direct representatives.
Regarding the purchase of land by non-citizens: The Constitution
continues to preclude the purchase of land by non-citizens. Even
if the obstacle to dual citizenship is removed, land ownership can
continue to be defined by legislation that limits the privileges
of non-citizens.
Regarding dual citizenship itself: These changes simply propose
that the obstacle to dual citizenship be removed from the Constitution
and that the status be defined by legislation. It is assumed that
such legislation will address the most problematic aspects, including
voting rights, military service and tax responsibilities. These
rights will not be freely and indiscriminately given away. On the
other hand, we will not ignore the majority of Armenians who today
are not and cannot become citizens of Armenia. Or worse, must resign
from their Armenian citizenship because life forces them to live
and work elsewhere.
So, if we do away with the myths, we can spend the remaining days
actually exploring the real issues at hand. We can do this with
two important considerations in mind:
First, the constitutional referendum must not be seen as a matter
of life and death; if the voters says no, it¹s not a fatal
blow. No one is going to blame us or punish us for exercising our
democratic right to free expression. But we must understand that
if we say no, then the country loses out, and we lose a big opportunity
to promote our economic and democratic processes. If we say no,
it will be years before we have another opportunity to change the
Constitution to fit our needs: certainly not for four years at least.
In 2007, we have parliamentary elections; in 2008, presidential
elections. The new administration whoever that may be
will need at least 2 years before they will be able to address such
an issue.
And secondly, we must see constitutional reform as a natural thing.
A constitution is a living, vibrant document. It evolves with a
society and a people, over time. Haven¹t our society and country
changed dramatically in these 10 years? It¹s natural that we
would want our primary legal document to change with us. It¹s
an expected process. There is nothing unusual here. The US constitution
has been amended 27 times. The German Constitution adopted in 1949,
has been changed 27. The Italian Constitution, passed in 1947, has
been modified 11 times. France 13 times. Austria 12 times. Slovakia,
which adopted a Constitution in 1992, has already made three changes.
Our neighbor Georgia, has already changed theirs five times. In
2002, Azerbaijan made fundamental changes to its constitution.
Thus, a constitution is, must be, a dynamic relevant live guidepost.
In our region, we are lagging behind in this process.
For a moment, imagine if our Constitution had provided for Parliament
to amend the Constitution, itself, by its own 2/3 majority. Such
is the case in many countries, including Georgia and Russia. If
that were the law in Armenia, today, we wouldn¹t even be having
this argument. The reforms would have already been accepted, passed,
adopted, and that would have ensured our country¹s normal development.
Having spent this much time trying to understand the unreasonable,
disingenuous objections of the opposition objections which
really have nothing to do with the Constitution at all, let¹s
look at some of the important changes and their significance.
First, these reforms introduce serious checks and balances among
the 3 branches of our government. Parliament receives new powers,
at the expense of presidential power over that body, and the Prime
Minister, who represents the parliamentary majority, also receives
new powers, again at the expense of the powers of the president.
As a result of both these changes, Parliament¹s role and power
are clearly enhanced. This means that the role of political parties
too will grow, and this will make it easier for a genuine political
environment to develop. Finally, the balance of powers is made possible
since the Constitution broadens and enables the independence of
the judiciary the third branch.
Generally, then, this means that if the original constitution defined
and developed the rights of the single leader, these changes broaden
and enhance the rights and strengths of the institutions, so that
the institutions can compensate for whatever this or that individual
leader might lack.
Second, the new changes strengthen individual human rights. It brings
them more in line with European demands, values, standards. A new
concept, a new term is introduced into our constitution for the
first time: human dignity is upheld as a basic right. This is an
ideal which lies at the base of American, French and other constitutions
and human rights documents a man¹s right to live in dignity.
With these constitutional changes, Armenian society will be saying
that we, too, uphold the value of human dignity.
I can understand that despite these improvements, there will nevertheless
be those who would disagree on solid political and ideological grounds
and prefer a strong presidential system, or a completely parliamentary
system. But, at this time in our history, as we decide how to vote
in this referendum that is being watched, there is a bigger picture
we must keep in mind. This document must be viewed from a bigger
angle: the big picture, the future of the country, deepening democratic
processes and economic development, and the need to mobilize our
total Armenian potential.
Let's look at the big picture, from three perspectives.
1. Armenia itself
2. Europe
3. Diaspora
1. On the level of the Republic of Armenia, today we find ourselves
in a constitutional crisis. The legal-constitutional foundation
of this and any country, which is a most important pillar of statehood,
on which are built the state and society, that foundation, the Constitution,
must be a living, developing, evolving organ, which in order to
remain vibrant and relevant must be nurtured in five ways, through
five arteries:
1. constitutional reforms themselves
2. constitutional law
3. periodic legal interpretations of constitutional provisions
4. national judicial precedents 5. international judicial precedents
We¹ve had our constitution for 10 years; it has seen no changes.
So, that one artery is closed. The constitution we now have does
not make any provision for constitutional law, so that second avenue,
too, is closed. We don¹t have the opportunities for periodic
interpretation since access to the court is limited narrowly in
this document. During these 10 years, there have been thousands
of government decisions, and only six have reached the court to
determine their constitutionality, and therefore to require constitutional
interpretation. In the same time period, from 1996 to 2004, the
Austrian Constitutional Court has reviewed 2863 decisions; 2340
in Croatia; the European average is over 2000. Even in Russia and
Georgia, the frequency there is much higher than ours: 144 in Russia.
102 in Georgia. This is a necessary process which is missing in
our current sytem.
Judicial precedents national or international -- don¹t
exist. Without a real independent judiciary, there is no reliable
or consistent case law. International precedents don¹t exist
because no Armenia-relevant issues have been heard in any European
court and no decisions reached. So, those two avenues, too, are
closed.
Therefore, simply by passing these constitutional reforms, we open
the main artery. And more. Those reforms include enough new provisions
so that the other avenues too will be opened: Our citizens will
be able to take their cases all the way to the constitutional court.
An independent judiciary will help create precedents, there will
be more frequent interpretation and use of this documents. All of
these are important for the development and maturation of our statehood.
At the second, European, level
First let¹s affirm that as members of the Council of Europe,
we have taken on many commitments. Most have been completed. There
are a few which are still outstanding and without constitutional
reforms, they simply cannot be completed. We can¹t adopt laws
on the judicial system, on judges, on the status of the city of
Yerevan, on the ombudsman. We can do none of these without changing
the constitution to allow us to make changes in these areas. In
other words, we are committed to reforming the constitution, if
for no other reason than to make these changes.
But as far as Europe is concerned, the issue is much bigger. We,
Armenia, Armenians, voluntarity, all of us together, made the political
decision to join the European family. Today, all of Europe, even
risking criticism that they are interfering in our domestic matters,
are saying aloud that these reforms are good for Armenia and that
Armenians must pass these reforms.
In the end, it is finally up to us to go through with this. Of course,
we can say no to Europe. And by voting no, we would be doing just
that, but what would we gain? We would be limiting the areas of
interaction with Europe. We would be countering Europe¹s interests
and our own national interests. In this decade and a half of our
independence, this is the one of the most important points when
Europe¹s interests and ours overlap completely and directly.
And finally, the effect of this vote with regard to the Diaspora.
Unfortunately, this too has fallen off our discussion agenda. The
Diaspora is an indivisible part of our nation. Our compatriots live
outside Armenia not voluntarily, but because history and destiny
has taken them there. We have a moral responsibility as a state
to rally the Diaspora around Armenia, to make them connected, to
make them feel a part of this country. Not just its past, but its
present and future too. Not with additional or special rights, but
with rights, nevertheless. And responsibilities. We can¹t turn
that segment of our nation away and lose the value and benefit they
would bring.
Let me be specific. We are not talking about providing Diasporans
with citizenship. We are talking about the daily loss of Armenia¹s
citizens. Our embassies receive applications daily, from those who
are forced to turn in their Armenian citizenship, because for economic,
work, or other reasons they are in foreign countries, they must
take on foreign citizenship, and our Constitution requires that
they therefore resign from Armenian citizenship. We have no choice,
we must remove the obstacle to dual citizenship as quickly as possible.
That will make it possible for all forces to sit down and develop
wise, appropriate, responsible legislation for making that dual
citizenship possible without harming our national
interests.
It is these individual, national and international concerns that
must drive us to work to pass these constitutional reforms. We need
them for our own progress as a state and as a society.
Thank you.
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