Armenia’s Declaration of Independence adopted on August 23, 1990

Armenia’s Justice Minister Srbuhi Galyan argued on Monday that the country’s Declaration of Independence, which is referenced in the current constitution, is “outdated,” saying the new Constitution should reflect Armenia’s present-day realities and its goals of preserving peace, strengthening sovereignty and ensuring the country’s long-term development.

The Declaration of the Independence has been the basis for Armenia—and most countries’—constitution for more than three decades and it is referenced in the current document, which President Ilham Aliyev of Azerbaijan is forcing Armenia to change, because of its references to Artsakh.

Galyan told reporters that there are no plans to unite Artsakh with Armenia and the objectives set out in the country’s 1990 Declaration of Independence no longer reflect its current priorities.

“Let opposition forces put forward their own proposals and explain, for example, what mentioning the Declaration of Independence in the new Constitution would achieve, given that the Declaration’s preamble contains outdated goals,” she added.

“Why are we drafting a new Constitution? We want to understand where we are now and where we are heading, what kind of state we are, and what goals we will pursue and why. No one can erase the Declaration of Independence from the pages of history, and no one should even entertain such an idea. But the fact is that the goals of the Declaration of Independence are now outdated. We have no goal of uniting Nagorno-Karabakh with Armenia,” Galyan said.

“Our goal is to ensure the long-term viability of the Republic of Armenia, its prosperity and development, and to strengthen its independence and sovereignty. These are our goals.

“We are grateful for the peace we have today. We want to preserve this peace and enshrine it institutionally. Today, we are talking about facts and the present day, and today’s reality is different,” Galyan said.

The justice minister went on to discuss the process through which a new constitution has been drafted, telling reporters that the committee included representatives from all aspects of the political spectrum.

Members of the Constitutional Reform Council, appointed by Pashinyan, have been left out of the discussions, with the Justice Ministry drafting a constitution without input or consultation. The council headed by Justice Minister Srbuhi Galyan has not met since April.

This move has angered some who were appointed to the council by Pashinyan.

Armenia’s former ambassador at large turned Pashinyan critic, Edmon Marukyan, said last month that he has petitioned Galyan to finally disclose the draft and resume the work of the ad hoc body.

“Now, I am interested in the status of the draft—what is being done with it, and whether or not it is being submitted for public discussion—because, ultimately, this is a matter for public consultation,” Marukyan said, adding that once he receives a response from Galyan, along with feedback from the council members, he will provide further updates.

Marukyan went on to accuse Pashinyan of meddling in not only the constitutional draft process, but other processes that require an independent approach.

“First, let us track down this draft—if such a draft that is being discussed actually exists—as there is information suggesting that Nikol Pashinyan himself is working on it. In other words, he has not only authored and edited the report on establishing a commission regarding the Church, but he has also acknowledged that he is writing the draft of the Constitution. There is no text in this country—whether related to our state-building or our spiritual life—that he is not writing himself,” Marukyan said.

“Let us locate this draft, convene a meeting of the Constitutional Council, and examine its current status: who is writing it, what is being done, what sections it comprises, which bodies are included and which are omitted, and what exactly is being developed—only then can we reach the stage of a referendum. At this point, discussing a referendum is entirely pointless,” added Marukyan.

Daniel Ioannisyan, another Constitutional Reform Council member, who has been left out of the process, said last month that discussing a document that requires a two-thirds majority approval by parliament is moot, because Pashinyan’s Civil Contract Party was unable to secure that majority in the June 7 elections.