RFE/RL – Armenian Minister Coy About Constitutional Referendum

Prime Minister Nikol Pashinian has repeatedly called for the kind of constitutional change that Azerbaijan has set as a necessary condition for ending the conflict with Armenia. Baku specifically objects to a preamble to the current constitution referring to a 1990 Armenian declaration of independence, which in turn cites a 1989 unification act adopted by the legislative bodies of Soviet Armenia and Nagorno-Karabakh.

It has made clear that it will not sign an Armenian-Azerbaijani peace treaty, initialed last August, unless Yerevan removes the reference. The only legal way to do that is to adopt a new constitution through a referendum.

The Armenian Justice Ministry drafted the new constitution early this year but has still not made it public. Under an article of the current constitution, the draft can be put on a referendum if it is approved by at least two-thirds of the parliament deputies. Pashinian’s Civil Contract party fell short of such a majority in Sunday’s parliamentary elections, raising serious questions about its ability to fulfill one of its key campaign pledges.

Galian told reporters that the party’s governing board discussed the issue on Tuesday. She commented ambiguously on the constitutional hurdle to the referendum.

“The two-thirds requirement is currently defined by the constitution, but the right to a referendum is also a direct right that the people have,” she said, adding that Pashinian’s political team wants to embark on a “dialogue with citizens.”

When asked whether this means it could circumvent the constitutional requirement, the minister said: “I said what I said. I suggest we skip the discussion. We will also hear a number of expert opinions.”

“There is no way to bypass the parliament,” insisted Vartan Poghosian, a constitutional law expert. “Any other option would be illegal.”

Even before the June 7 elections, Armenia’s leading opposition groups pledged to scuttle the change of the constitution sought by Pashinian. They say that his continuing unilateral concessions only encourage Azerbaijani President Ilham Aliyev to make more demands on Yerevan and will not bring real peace.

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