Pashinyan’s Party Continues to Bypass Constitutional Reform Council

Armenia’s Constitution and Coat of Arms

Prime Minister Nikol Pashinyan’s Civil Contract Party leaders held a second meeting to discuss a draft of Armenia’s constitution, which many say is being amended at the behest of President Ilham Aliyev of Azerbaijan.

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, told Azatutyun.am on Monday 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, told Azatutyun.am 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.

The two opposition groups represented in parliament have vowed to block the referendum. They remain strongly opposed to the change of the constitution, which they say is imposed by Baku. Pashinyan and his political allies have still not clarified how they plan to overcome the opposition resistance.

Artur Sakunts, another member of the Council for Constitutional Reforms, also intends to vote against the draft proposal based on the same reasoning, once the matter is discussed within the Council and put to a vote.

“Since the issue of the Declaration of Independence is being raised by Azerbaijan, I am firmly opposed to it. Even the Constitutional Court has addressed the Declaration of Independence, clearly stating that it contains essential provisions regarding state-building—provisions that remain relevant and serve as a foundation,” Sakunts told Azatutyun.am.

In addition to the text of the draft, Sakunts believes that the conceptual framework should also be published: “How can a draft be presented without a conceptual framework? Any legal draft must have a justification—and that justification is, in fact, the conceptual framework.”