YEREVAN PRESS CLUB OPEN SOCIETY INSTITUTE HUMAN RIGHTS AND GOVERNANCE GRANTS PROGRAM MONITORING OF DEMOCRATIC REFORMS IN ARMENIA REPORT 2009-2010 Yerevan 2011 YEREVAN PRESS CLUB www.ypc.am 2 TABLE OF CONTENTS FOREWORD 4 EXECUTIVE SUMMARY 6 GOOD GOVERNANCE 8 INDEPENDENCE OF THE JUDICIARY AND ACCESS TO JUSTICE 13 FOSTERING CIVIL SOCIETY SYSTEM 22 IMPROVEMENT OF CIVIL SERVICE 26 HUMAN RIGHTS: CURRENT ACTIVITIES OF THE HUMAN RIGHTS DEFENDER, PROPERTY RIGHTS 30 MINORITIES, VULNERABLE GROUPS, GENDER ISSUES 37 PENITENTIARY SYSTEM REFORM: PREVENTION OF TORTURE 50 FREEDOM OF ASSEMBLY 55 MEDIA FREEDOM, RIGHTS OF JOURNALISTS 60 IMPROVING THE ELECTORAL SYSTEM 71 3 FOREWORD Since 2005 Yerevan Press Club (YPC) has implemented in three stages a monitoring of democratic reforms in Armenia. These included fulfillment of the commitments to democratic reforms undertaken by the Republic of Armenia before the Council of Europe, the course of democratic and social reforms within the framework of the Millennium Challenges Corporation (MCA) Program, as well as the political, economic and institutional reforms envisaged by the European Neighbourhood Policy Action Plan for Armenia. Based on this practice, YPC believes that it is time for Armenia’s civil society organizations (CSOs) to formulate their own criteria for assessing democratic reform, using previous experience and the reform programs put forward by the Council of Europe (CoE), MCA, European Union (EU), taking into account local perceptions of reforms, as well as the Action Plan of the Eastern Partnership (EaP). In 2008-2010 several negative developments occurred in Armenia: post-election conflict, tragedy of March 1, political prisoners, censorship, violence against journalists, restrictions of freedom of speech, human rights violations, economic crisis, exacerbation of social issues, etc. The political and economic regress urges the CSOs to perform a more active role in the implementation of the reforms, i.e. to alleviate the conflict between the government and the opposition by strengthening democratic institutions and political pluralism. International organizations, especially the pressures coming from the Council of Europe have forced the government to search for ways to improve the political image of the country, as well as to implement reforms in such fields as the judiciary, criminal justice, broadcasting, etc. The deepening economic crisis forced the government to request financial aid from international organizations, which was often conditioned upon implementation of democratic reforms in the country. At the same time the government understands that overcoming the economic crisis is impossible without genuine liberalization and elimination of the oligarchic system. It is necessary to note that throughout this period there has been widespread resistance in the society against attempts by the government to restrict democratic liberties. At the same time, the new concept of the Eastern Partnership suggests to 6 countries, including Armenia, a solid package, which provides stability and development on the eastern borders of the EU, with the condition that the participant countries ensure significant progress of democratic reform. Everything described above, along with the pressures upon the Government of the RA, have created an atmosphere, in which it is possible to identify the obstacles to democratic developments and make serious changes in the country. Using the opportunity, Yerevan Press Club decided to implement the program “Monitoring Democracy Indicators to Gauge Armenia’s Reform Progress”. It can be used by the CSOs, the Government of the RA, international organizations in order to assess the democratic processes in the country and to identify the spheres that need reforming. The aim of this work is to create a comprehensive study of the process of reform in Armenia in the context of democratic developments, European values and priorities of EaP. The study can serve for internal observation of democratic processes; it can also be used by the beneficiaries, including the Government of the RA, CSOs, international community and CoE. 4 The research has been carried out by Yerevan Press Club, in the framework of the “Monitoring Democracy Indicators to Gauge Armenia’s Reform Progress” project, supported by the Human Rights and Good Governance Program of the Open Society Institute. The report has been compiled by Yerevan Press Club and its partners: Chairman of the Helsinki Committee of Armenia Avetik Ishkhanyan, Executive Director of Transparency International Anti-corruption Center Varuzhan Hoktanyan, Chairman of Victims of Public Needs NGO Sedrak Baghdasaryan, Chairman of “Hazarashen” NGO Hranush Kharatyan, Jemma Hasratyan, Chairwoman of Armenian Association of Women with University Education, as well as independent expert, Candidate of Sciences Davit Tumanyan. 5 EXECUTIVE SUMMARY GOOD GOVERNANCE. Armenia has manifested slow progress in implementation of the provisions related to the field of local self-government introduced by the constitutional amendments, as well as the implementation of principles of the European Charter of Local Self-Government. From the three branches of government the executive is dominant. The lack of checks and balances between the branches of government is an obstacle on the way of successful reforms in the country. INDEPENDENCE OF THE JUDICIARY AND ACCESS TO JUSTICE. Reforms aimed at securing independence of the judicial system failed to ensure real independence of the judges and the judiciary. The judicial system, de jure independent, de facto involves non- independent judges, who practically prove their dependence on current authorities. Existence of 10 political prisoners in the country is a sign of that dependence. The Council of Justice de facto is not the unique and ultimate body on issues related to the activities of courts. Among components of judicial reform are issues of access to justice, particularly widening the framework of free of charge legal assistance, as well as creation of efficient mechanisms of providing such assistance. The experience of structures created within the first stage of judicial reform, as well as its comparison with the international experience and legal practices show that implementation of this component of access to justice is possible only through systemic reform. Though the initiative to introduce changes to only one article of the RA Law “On Bar” was incomplete, it was presented as an example of fulfillment of the commitments undertaken by state within the framework of ENP. FOSTERING CIVIL SOCIETY SYSTEM. In spite of anti-corruption policies and anti- corruption programs of the government and NGOs, the level of corruption in country is rising, according to the opinion of the majority of Armenia’s citizens. Widespread corruption and weak protection of property rights reduce the level of Armenia’s economic freedom. IMPROVEMENT OF CIVIL SERVICE. Though reform of the state sector has commenced in Armenia years ago, with the support of several international institutions, the progress recorded so far has been insufficient. No legal concept of state service, as integrity of state institutions and services, exists. In addition to that, a number of legislative and sub- legislative acts have caused misunderstanding and controversy. HUMAN RIGHTS: CURRENT ACTIVITIES OF THE HUMAN RIGHTS DEFENDER, PROPERTY RIGHTS. Though in the field of human rights Armenia has assumed numerous international commitments, as well as developed its own legislation, however, apart from further improving this legislation, the country still has a lot to do in the field of law enforcement practice. Enhancing the role of the RA Human Rights Defender and especially of the human rights organizations and human rights activists can ensure the democratic perspective for the country’s development. MINORITIES, VULNERABLE GROUPS, GENDER ISSUES. Time after time national programs aimed at improving the situation of women and enhancing their role in the society are adopted, however Armenia still does not have an efficient national institutional mechanism, corresponding to the obligations stemming from Armenia’s international commitments, in order to ensure the implementation of such programs. Though in Armenia freedom of religion is granted by the Constitution, acting legislation contains certain restrictions of religious freedom of adherents of minority religious groups. No cases of 6 open discrimination against national minorities are recorded; the latter express their discontent regarding the difficulty to receive education in their native language. The violations of the rights of religious minorities are more pronounced and are not related to their belonging to a national minority. Issues related to implementation of the rights of the disabled include health care, social and psychological spheres, recovery, transportation, communication, ensuring access to employment, social protection. Difficulties in almost all these fields are a consequence of an environment inaccessible for persons with disabilities PENITENTIARY SYSTEM REFORM: PREVENTION OF TORTURE. To a certain extent public supervision has positive effects: the work of institutions has become transparent to an extent, more attention is paid to the rights of prisoners. However, the situation is still far conforming to international standards. The general situation in the places of detention, as well as rising numbers of convicts is causes for concern. Representatives of civil society organizations