Yerevan Press Club Weekly Newsletter – 03/25/2004


MARCH 19-25, 2004










On March 20-21 in Yerevan a round table meeting “Reforms of Armenian Media
Legislation and Their Compliance With European Standards” was held. It was
organized by Yerevan Press Club and “Article 19” Global Campaign for Freedom
of Expression. Representatives of executive, legislative, judicial power,
NGOs and media of Armenia, international organizations, foreign experts
participated in the meeting. RA Minister of Justice David Harutyunyan and
Head of OSCE Office in Yerevan, Ambassador Vladimir Pryakhin opened the
round table.

The meeting participants discussed the whole spectrum of legislative
initiatives regulating media sphere and adopted by the Parliament in the
recent year: RA Law “On Mass Communication” (Deputy Minister of Justice
Ashot Abovian made a presentation on this issue), amendments to RA Law “On
Television and Radio” (presentation by RA National Assembly deputy Vazgen
Khachikian). Particular attention was paid to the amendments to RA Law “On
Freedom of Information” recently adopted by the Government (presentation by
“Article 19” Legal Officer Peter Noorlander). Other no less urgent topics
were devoted to Armenia’s honoring of the commitments to the Council of
Europe in freedom of expression (presentation by YPC Expert Mesrop
Harutyunyan), necessity for decriminalization of libel and insult
(presentation by International Expert Ireneusz Cezary Kaminski), Polish
experience in public broadcasting (presentation by Member of Polish
Journalists’ Association Board of Directors Agnieszka Romaszewska).

At the round table, Article 19 publicized its statement on the situation
with media legislation in Armenia. Emphasizing a certain progress in
developing legal guarantees for freedom of expression and media diversity
achieved by Armenia in the past four years – since its accession to CE, the
organization expressed its concern over a number of problems demanding
urgent solution. In particular, “Article 19” statement notes that regular
refusal of the National Commission on Television and Radio of broadcast
license to “A1+” TV Company testifies to “lack of political independence” of
this body regulating private broadcasters’ activity.

On March 21, the last working day of the round table, one more statement was
adopted – this time by its participants. The statement runs,

“We, the participants in the “Round Table on Reforms of Armenian Media
Legislation and their Compliance with European Standards”, organized by
Yerevan Press Club and “Article 19″ Global Campaign for Freedom of
Expression, meeting on 20-21 March 2004,

Emphasizing the crucial importance of freedom of expression and information
as an individual human right, as a cornerstone of democracy and as a means
of ensuring respect for all human rights and freedoms;

Concerned that while some important steps have been taken to bring Armenia’s
media laws into line with European standards on the right to freedom of
expression, much remains to be done;

Call on the Government of the Republic of Armenia to take urgent action to
address the following concerns:

Criminal Defamation

The current harsh criminal provisions on defamation and insult should be
abolished and replaced with appropriate civil defamation laws, incorporating
the following standards:

– Actual damages awarded for defamation must be proportionate to the harm
caused and take into account whether or not alternative remedies, such as
the right to reply, have been accessed. Moral damages or any other punitive
awards should be limited and take into account their likely impact on the
wider exercise of the right to freedom of expression;

– Public officials, because of their status as servants of the people,
should enjoy less protection than ordinary citizens;

– No one should be held liable for the expression of an honestly held
opinion; and

– The burden of proof of the falsity of an allegation in a matter of public
of concern should be on the plaintiff.

Broadcasting Legislation

The independence of the National Commission of Television and Radio must be
strengthened. The entire process for appointing members should be open and
democratic, include full public participation and consultation and should
not be dominated by any particular political or commercial interest.
Membership overall should be required to be reasonably representative of
society as a whole. The independence of the Council of the Public Television
and Radio Company must be strengthened likewise.

The licensing procedures included in the Broadcasting Law of 2000 must also
be made more transparent. In particular, the Commission should provide full
and complete written reasons for the grant or refusal of any broadcasting
license application.

Freedom of Information

The proposed amendments to the Law on Freedom of Information threaten
seriously to undermine the right of access to information. These amendments
should be abandoned and the current law must be implemented with immediate
effect. In particular, the implementing rules and regulations necessary to
make the Law operational must be prepared immediately, in an open and
consultative process.

Any future amendments to the Law must promote rather than restrict the right
to access to information, for example by limiting fees and reducing
restrictions, and be adopted in a consultative process fully involving civil
society, as supported by the OSCE Office in Yerevan. We welcome the
statement of intent made by the Minister of Justice in this regard and we
ask that before any further discussions take place, a report is published in
which the concerns of the Ministry of Justice with regard to the September
2003 Law are clearly set out.

Mass Media Legislation

We welcome steps taken in the Law on Mass Communication to protect
journalists’ sources, and we also welcome the statement made by the Deputy
Minister of Justice regarding further work to bring criminal procedure laws
in line with this. At the same time, we are highly concerned at the
restriction the law places on the dissemination by journalists of classified
information. This restriction violates international standards and must be

We are also concerned that the accreditation procedures currently being
prepared should promote, not restrict, the right of journalists to report on
the activities of state bodies. They should be fair, transparent and
independently administered, and not create yet another bureaucratic hurdle
for journalists to overcome.


We request that a permanent group be set up with the Ministry of Justice to
involve fully civil society representatives in any discussion of present or
future laws and regulations that affect the exercise of the right to freedom
of expression, including the implementation of these laws. This group should
collaborate and consult with the Working Group under the parliamentary
Commission on Science, Education, Culture and Youth Issues.”


On March 23, RA Ministry of Justice, Internews Armenia and “Article 19”
Global Campaign for Freedom of Expression adopted a joint communique as a
result of two days’ discussions (March 22-23) on amendments to RA Law “On
Freedom of Information”, approved by Armenian Government on February 12,

The sides agreed that the discussion on introducing amendments to Law “On
Freedom of Information”, adopted in September 2003, should not impede
implementation of the existing Law. “The Ministry of Justice welcomes any
proposals that would facilitate the implementation of the existing Freedom
of Information Law and will consider them seriously”, the communique notes.
Any amendments to the Law will aim to strengthen and clarify protection of
the right to freedom of information as recognized in this Law, the RA
Constitution and international agreements, as further mentioned.

Besides, the communique emphasizes that “in the process of drafting and
adopting amendments to the Freedom of Information Law there will be full
consultation with civil society, including the Freedom of Information Civic
Initiative, Internews Armenia, the Yerevan Press Club and others, and
international organizations”.

The communique also contains accorded commentary on several articles of the
Law “On Freedom of Information”.


On March 4 RA Government approved the Model Procedure for Accrediting
Journalists in the State Administration (see YPC Weekly Newsletter, March
5-11, 2004). After our repeated addresses to the author of the Model
Procedure, RA Ministry of Justice, the text of the ratified document was
finally provided. The draft of this sublegislative act was subject of
detailed and constructive discussion with a number of journalistic
associations and media. In particular, Yerevan Press Club, Journalists Union
of Armenia, Internews Armenia and the Committee to Protect Freedom of
Expression made their suggestions to the Ministry of Justice on amending
several provisions of the Procedure.

Thus the mentioned organizations proposed to introduce in the Procedure a
provision on prohibiting any form of censorship of accredited journalist’s
professional activity by a state institution. This suggestion was introduced
in the ratified text of the document.

According to the journalistic associations, the draft of the Model Procedure
presented extra obstacles for accreditation. The latter ones were removed,
similarly to the point providing for the cases in which the journalist is
not eligible for accreditation. Alongside this, the professional
organizations proposed to stipulate for the ban on filing any claims except
the ones specified in the point determining the accreditation procedure.
This suggestion was not included in the official document ratified by the

The journalistic organizations also suggested that accreditation limitations
be purely technical, in particular, be conditioned, for instance, by the
absence of proper venues at the disposal of a state administration body,
etc. However, the final version of the Procedure preserved the quantitative
limitation as well: no more than two journalists and two photo
correspondents/two cameramen from each media.

The suggestion on simplifying the procedure of access of media
representatives in state administration body – by identification card and
list of accredited journalists – was partially accepted.

On the initiative of journalistic organizations, a point was added in the
Model Procedure obligating the ministries no less than twice a month to
provide journalists with a summary report of their activity, as for the
ministers – no less than once in half a year to inform about the work done
at a press conference.

Thus, the ratified document may be the result of a certain compromise
between the Ministry of Justice and journalistic organizations. However, it
is necessary to admit that on the basis of this sublegislative act each
state administration body develops its own accreditation regulations. The
latter ones and their implementation will allow assessing appropriateness
and effectiveness of the Model Procedure.


On March 25, the court of primary jurisdiction of Arabkir and Kanaker-Zeytun
communities of Yerevan rejected the suit of a member of RA State Commission
on Protection of Economic Competition Artashes Bakhshian versus “Delovoy
Express” business weekly. The plaintiff demanded that the editorial office
republish his interview to the weekly since the content of the latter, in
his opinion, was distorted as a result of editorial interference (see detail
in YPC Weekly Newsletter, March 12-18, 2004).


On March 23, RA Commercial Court rejected the suit of “A1+” founder,
“Meltex” LLC, versus the National Commission on Television and Radio. The
litigation was centered on the results of the broadcast licensing
competitions on June 11 and July 18, 2003 at which the bids by “A1+” were
assessed lower than the ones of its rivals (see YPC Weekly Newsletter,
November 7-13, 2003). The plaintiff claimed for obligating the National
Commission to provide grounds for refusing broadcast license on the results
of these competitions.

The hearings on this case started on November 3 last year, and at the
previous session of February 10, the representative of the respondent filed
a petition on challenging the judge that was accepted (see YPC Weekly
Newsletter, February 6-12, 2004). The new judge managed to reject the suit
in just one session.


On March 19, Fund for Speech Freedom Support announced a campaign on April
2, 2004 in support of “A1+” TV company. On this very day, two years ago
“A1+” was deprived of air as a result of refusal by National Commission on
Television and Radio of broadcast license. Since then, the TV company
unsuccessfully participated in seven more license competitions conducted by
National Commission and still more unsuccessfully challenged the decisions
of this regulating body in the courts.

In the course of these two years, numerous international organizations,
journalistic community of the country repeatedly addressed the Armenian
authorities with a claim not to politicize “A1+” issue and to give the
society an opportunity to hear an alternative viewpoint. The recent example
of this was the Final Statement and Recommendations adopted at the Sixth
Session of EU-Armenia Parliamentary Cooperation Committee, held on March
15-16 in Yerevan. Among the Recommendations, adopted unanimously and
pursuant to Article 89 of the Partnership and Cooperation Agreement,
Parliamentary Cooperation Committee “draws attention to the vital role
played by a free press in ensuring the development of democracy in Armenia
and stresses in particular the importance of pluralism in the electronic

The initiative group on the support of “A1+” TV company calls on everyone
who values freedom of expression to participate on April 2 in the procession
and rally thus supporting the following claims to the Armenian authorities:
to conduct a competition for vacant frequencies and to involve
representatives of public organizations in the process of rating assessments
of the bidders’ competition packages.

The procession will start at 14.00 from “A1+” TV building (15, Grigor
Lusavorich St., Yerevan) and will end in a rally (at 15.00) at Yerevan
Freedom Square.


On March 18, an event devoted to 2000 issue of “Yerevani Hamalsaran”
newspaper was held in Yerevan State University. It was founded in 1920 at a
time with the establishment of the University.

Yerevan Press Club congratulates the colleagues with jubilee and wishes them
future success!

When reprinting or using the information above, reference to the Yerevan
Press Club is required.

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Editor of YPC Newsletter – Elina POGHOSBEKIAN
Yerevan Press Club
9B, Ghazar Parpetsi str.
375007, Yerevan, Armenia
Tel.: (+ 374 1) 53 00 67; 53 35 41; 53 76 62
Fax: (+374 1) 53 56 61
E-mail: [email protected]
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Armenian education set to benefit from World Bank loan

Armenian education set to benefit from World Bank loan

Mediamax news agency
24 Mar 04


The World Bank (WB) will allocate a credit to the amount of 19m
dollars to Armenia under the education level program.

An appropriate agreement was signed by Armenian Minister of Finance
and Economy Vardan Khachatryan and the director of the WB office in
Yerevan, Roger J Robinson, in Yerevan today, Mediamax reported.

Roger Robinson noted that this is the WB’s second educational program
in Armenia. He pointed out that the WB special commission highly
assessed the first educational project realized in Armenia. According
to Robinson, the WB will allocate about 52m dollars for the
development of education in Armenia in the coming 10 years.

Armenian Minister of Finance and Economy Vardan Khachatryan said that
information training centres will be set up in 600 schools within the
framework of the agreement signed today. Besides, it is expected to
unite 150 schools in a single computer network.

The financing of the program from the Armenian side will make 1.2m

FMs’ meeting cancelled at Azeri initiative, says Armenian source

Ministers’ meeting cancelled at Azeri initiative, says Armenian source

Mediamax news agency
25 Mar 04


The meeting of the Armenian and Azerbaijani foreign ministers, planned
for 29 March, will not take place.

This was announced on 24 March by the Russian co-chairman of the OSCE
Minsk Group, Yuriy Merzlyakov, in an interview with Azerbaijani TV
channel ATV, Mediamax news agency reports. The mediator said that the
decision to cancel the meeting was taken as a result of the “wish of
one side”.

“Those who accuse the mediators of inactivity should pay attention to
the efforts of the conflicting sides themselves to settle the
conflict,” Yuriy Merzlyakov said.

An informed source in the Armenian Foreign Ministry today said in an
interview with Mediamax that the Armenian side did not ask the
mediators to cancel the Prague meeting.

On 17 March Foreign Minister Vardan Oskanyan said that the OSCE Minsk
Group co-chairmen and the Armenian and Azerbaijani foreign ministers
would hold consultations in Prague on 29 March. Vardan Oskanyan
expressed the hope that “this meeting will help us understand how
exactly Azerbaijan wants to continue the negotiations”.
From: Baghdasarian

BAKU: Aliyev rules out NK solution if Turkey opens Armenian border

Azeri leader rules out Karabakh solution if Turkey opens Armenian border

ANS TV, Baku
24 Mar 04

[Correspondent at Baku’s Heydar Aliyev airport] Mr President [Ilham
Aliyev], the opening of the Turkish-Armenian border has recently been
on the agenda. The issue became topical again after Turkish Prime
Minister Recep Tayyip Erdogan’s visit to the USA. Is there any option
on the agenda? Are you aware of these issues as Azerbaijan’s
president? Can we assume that Turkey will take such a step?

[Ilham Aliyev speaking to microphone] I do not want to make assumptions.
I talked to Mr Erdogan on this subject when I visited Ankara as prime
minister. The prime minister and Foreign Minister [Abdullah] Gul
reassured me that Turkey will never open its border with Armenia until
the Nagornyy Karabakh conflict is resolved. This is enough for me. I
do not need any other explanation if I heard this myself. But I should
say that the European Union and some other fairly influential
countries in the world are exerting strong pressure on Turkey to make
it open the border. I have repeatedly told the meetings with relevant
sides that a Nagornyy Karabakh resolution will be generally impossible
if Turkey opens its border with Armenia. Because Azerbaijan will have
lost an important lever and then peaceful negotiations will generally
fail. This will stop the negotiations and lead to unpleasant
results. For this reason, if the sides interested in the issue want a
peaceful solution to the problem, then they should not put pressure on
Turkey. Turkey is a big and strong state. I am convinced that Turkey
will cope with all this pressure. Turkish-Azerbaijani fraternity is
above everything for us and the Turkish people.

Turkish MP in favour of opening border with Armenia

Turkish MP in favour of opening border with Armenia

Public Television of Armenia, Yerevan
24 Mar 04

[Presenter] Better times in Armenian-Turkish relations will come very
soon, a Turkish MP and member of the ruling Justice and Development
Party, Salih Kapusuz, said. He is taking part in the 22nd session of
the Committee on Cultural, Educational and Social Affairs of the
Parliamentary Assembly of the Black Sea Economic Cooperation (PABSEC),
which opened in the Armenian capital on 24 March. No Azerbaijani
delegation is taking part in the session.

[Correspondent over video of the session] No Azerbaijani delegation is
taking part in the meeting of the PABSEC Committee on Cultural,
Educational and Social Affairs. The vice-chair of the committee said
that the members of the Azerbaijani delegation were too busy in their
own country.

[Dumitru Buzatu, vice-chair of the committee, speaking in French with
Armenian voice-over] The members of the Azerbaijani delegation
notified us a couple of days ago and apologized saying that they
cannot take part in the session because they are too busy in their own

[Correspondent] A Turkish delegation is taking part in the session.

[Salih Kapusuz, head of the Turkish delegation, speaking in Turkish
with Armenian voice-over] Armenia and Turkey are close neighbours and
members of the Parliamentary Assembly of the Black Sea Economic
Cooperation. Turkey wishes to develop relations with Armenia and we
look to the future with hope. I think that our leadership must not
concentrate on the past and should seek ways of developing future
relations. Our party and leader have set themselves a goal to expand
ties with all the neighbouring countries and you can be sure that
better times will come very soon.

As for the opening of the borders, I believe that positive steps will
be take n and our relations will develop.

Nune Aleksanyan, Aylur.

BAKU: Azerbaijan to join intl events in Armenia after NK liberation

Azerbaijan to join international events in Armenia after liberation of lands

ANS TV, Baku
24 Mar 04

In response to Armenian reports that no Azerbaijani delegation has
attended a session of the Committee on Cultural, Educational and
Social Affairs of the Parliamentary Assembly of the Black Sea Economic
Cooperation in Yerevan today because of a busy work schedule,
Azerbaijan has stated that it will join international events held in
Armenia only after its occupied lands are liberated, Azerbaijan’s
commercial TV channel ANS has reported.

BAKU: FM blames OSCE Minsk Group for cancelled talks with Armenia

Azeri minister blames OSCE Minsk Group for cancelled talks with Armenia

Azadliq, Baku
25 Mar 04

The meeting of the Armenian and Azerbaijani foreign ministers,
scheduled for 29 March in Prague, has been postponed. This was
announced on 24 March by the Russian co-chairman of the OSCE Minsk
Group, Yuriy Merzlyakov, in an interview with Azerbaijani TV channel
ATV. He did not explain the reason, but said that one of the sides
wanted to cancel the meeting. In order to resolve the [Nagornyy
Karabakh] conflict, not only the Minsk Group, but Armenia and
Azerbaijan as well have to be more active.

In turn, Azerbaijani Foreign Minister Vilayat Quliyev accused the
Minsk Group of being inactive and said that it was Baku which called
for the cancellation of the meeting.

Azerbaijan took this decision because the agenda of the meeting was
not specified. Quliyev blamed the Minsk Group for not putting forward
new proposals in the lead-up to such meetings to make them more

UNDP Armenia Supports Ministry of Agriculture

United Nations Development Programme Country Office in Armenia
14, Karl Liebknecht Street, Yerevan 375010, Armenia
Contact: Aramazd Ghalamkaryan
Tel: (374 1) 56 60 73
Fax: (374 1) 54 38 11
E-mail: [email protected]

24 March, 2004


Yerevan, Armenia

Today, the Government of Armenia and the United Nations Development
Programme (UNDP) opened the Information and Training Centre at the
Ministry of Agriculture and signed a Memorandum of Understanding
outlining the support that UNDP will provide for the `First Agro-Forum’
International Conference. Mr. Samvel Avetisyan, Deputy Minister of
Agriculture of the Republic of Armenia and Ms. Lise Grande, UN Resident
Coordinator/UNDP Resident Representative presided over the event.

By supporting the Information and Training Centre, UNDP is assisting the
Ministry of Agriculture to strengthen its capacity in information
management. Internet services will be provided at the Information
Centre, helping the Ministry access the most up-to-date and important
information on agricultural issues from around the world, and training
will be conducted to ensure that Ministry staff have advanced
information skills.

In addition to supporting the establishment of the new Centre, UNDP is
also supporting the country’s `First Agro-Forum’ International
Conference, organised by the Ministry of Agriculture. The aim of this
important conference is to promote agricultural development in Armenia
by introducing the most progressive and innovative agricultural methods
from around the world. An official website is being developed for the
Conference and an information campaign will be conducted. The fourth
`AgroProdExpo’ International Exhibition will be held at the same time as
the Conference.

According to Ms. Grande: `The development of agriculture in Armenia
cannot be underestimated. A large part of the population lives in rural
communities and agriculture is the main source of income for many
Armenian families. By strengthening the capacities of the Ministry of
Agriculture and helping to promote agricultural development, we are
helping to reduce poverty and inequality in Armenia. We hope that the
Ministry staff will use this new Information Centre to successfully
communicate with the general public, including the mass media.’

Mr. Avetisian noted: `Our cooperation with UNDP has a long history, and
we are grateful that resolution of the problems raised by the Ministry
is always supported by our counterpart. The Information Centre, the
network and the website will promote the Ministry of Agriculture
worldwide, and we are confident that this will help us forge effective
partnerships with international and local organisations, bilateral
donors, foreign governments and private companies.’

The `First Agro-Forum’ International Conference and the fourth
`AgroProdExpo’ International Exhibition will be held in Yerevan on
October 28-29, 2004.

UNDP is the UN’s global development network. It advocates for change and
connects countries to knowledge, experience and resources to help people
build a better life. We are on the ground in 166 countries, working with
them on their own solutions to global and national development
challenges. As they develop local capacity, they draw on the people of
UNDP and our wide range of partners.


For further information, please contact Mr. Aramazd Ghalamkaryan, UNDP
Armenia at [email protected]

Discussion of The New Labor Code

A1 Plus | 19:15:53 | 25-03-2004 | Social |


Justice Ministry has today initiated an open discussion the new Labor Code.

“Armenian Labor Code was elaborated in 1972. It was amended in 1996 and
doesn’t correspond to the present life. A bill on labor code was worked. It
is now discussed in Parliament. There were many suggestions over it. It is
important to cause the public to be informed about it”, Justice Deputy
Minister Tigran Mukuchyan said.

Making a working contract with each employee was added in the new Code.

Under the Code, children over 16 can work, 14-16-year-old children can work
at agreement of the parents, and the children up to 14 are forbidden to work
at all.

According to Code, labor time makes 40 hours weekly, for 14-16-year-old
children 24 hours weekly, and 36 hours per week for 16-18-year-old ones.

Labor legislation applies to the citizens of Armenia, foreign citizens, and
juridical persons. It doesn’t apply to servicemen and the citizens in
correctional facilities.

March Will Take Place

A1 Plus | 21:38:13 | 25-03-2004 | Social |


The public is aware that a march and a rally will take place on April 2, the
2nd anniversary of “A1+” TV Company ceasing from broadcasting area.

Yerevan Mayor was informed about the measures but he decided not to sanction
the march and to allow the rally at the territory near Matenadaran and not
on the Liberty Square.

In response to Mayor’s “permission” the initiating group again informed in
written that the measures will be held under the program introduced

The executives of Police Department of Center Commune told initiating group
head Vardan Harutyunyan on March 24 that the march is illegal and they will
do their best to hamper it.

On March 25 “A1+” Chair Mesrop Movsesyan and the initiating group member
Tigran Ter-Esayan were told the same in the Police Department.

After persuasion of the law-enforcement bodies the initiating group decided
that the ungrounded refusal of the municipal authorities is unlawful. The
26th article of Armenian Constitution says: “Citizens have the right to hold
peace and unarmed meetings, marches and rallies”.