US embassy cable - 05YEREVAN1028

C O N F I D E N T I A L SECTION 01 OF 02 YEREVAN 001028 
 
SIPDIS 
 
DEPT FOR EUR/CACEN, IO 
 
E.O. 12958: DECL: 06/12/2014 
TAGS: PGOV, PREL, AM 
SUBJECT: VENICE COMMISSION'S HARSH WORDS ON CONSTITUTION 
SPARK REACTION -- BUT IS IT ENOUGH? 
 
 
Classified By: DCM A.F. Godfrey for reasons 1.4 (b,d). 
 
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SUMMARY 
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1. (C) Venice Commission Secretary Gianni Buquicchio ended 
his early June visit to Armenia with the strongest calls to 
date for deeper reforms in the constitutional amendments 
package currently being discussed by the National Assembly. 
Buquicchio reiterated a May 27 release from the Council of 
Europe (CoE) expressing "deep dissatisfaction" with the 
current draft and even made veiled threats that the CoE would 
curtail funding for Armenia if it failed to implement the 
reforms suggested by Venice Commission experts earlier this 
year.  Buquicchio's comments sparked reactions from President 
Robert Kocharian and NA Speaker Arthur Baghdasaryan.  Despite 
making the right noises about much-needed reforms in the 
areas of judicial independence and the selection process for 
Yerevan's mayor, GOAM officials need to move the dialogue to 
the public and make themselves accountable for these changes. 
 Buquicchio was mostly pessimistic and stuck on the point 
that CoE "sanctions" were a real possibility.  He confided to 
us that, of all the GOAM leaders with whom he met during this 
visit, he was most optimistic about Baghdasaryan's ability to 
push through these reforms.  End Summary. 
 
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BUQUICCHIO:  "DEEPLY DISSATISFIED" WITH DRAFT 
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2. (C) Venice Commission Secretary Gianni Buquicchio ended 
his early June visit to Armenia with the strongest calls to 
date for deeper reforms in the constitutional amendments 
package currently being discussed by the National Assembly. 
During public meetings with NGOs, diplomatic missions and 
reporters, he said that the Commission was compiling edits to 
the current draft that he classified as "serious changes." 
Buquicchio reiterated a May 27 release from the Council of 
Europe (CoE) expressing "deep dissatisfaction" with the 
current draft and even made veiled threats that the CoE would 
curtail funding for Armenia if it failed to implement the 
reforms suggested by Venice Commission experts earlier this 
year.  Most of Buquicchio's concerns stemmed from the 
generous powers afforded to the President in the current 
draft constitution.  He referred specifically to reservations 
about the President's ability to appoint the head of the 
Council of Justice and the need to classify Yerevan's 
mayorship as an elected position.  (Note:  We were somewhat 
surprised that Buquicchio did not talk at length about the 
issue of legislative approval of the Prime Minister, and we 
will therefore continue to raise this issue with CoE 
representatives.  End Note.)  Buquicchio told us that he 
suspected that the GOAM had understood the possible 
ramifications if the CoE does not feel that the new 
constitution complies with European standards.  He was 
pessimistic, however, about whether or not the GOAM could 
deliver the necessary changes in advance of the projected 
referendum. 
 
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KOCHARIAN AND BAGHDASARYAN MAKE THE RIGHT NOISES... 
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3. (C) GOAM officials were quick to go on record as having 
heard the Commission's recommendations.  Reacting to 
Buquicchio's statements, both President Robert Kocharian and 
NA Speaker Arthur Baghdasaryan held press interviews 
regarding the amendments.  Kocharian said he agreed in theory 
with the Commission's critiques (specifically those regarding 
Yerevan's mayor), but qualified his comments by saying that 
"the states of the South Caucasus need strong leaders." 
Baghdasaryan, who had until now been relatively quiet on the 
subject, went even further than Kocharian and committed 
publicly to comply with the Venice Commission's 
recommendations.  Baghdasaryan's pledge to rectify the 
amendments package even elicited the praise of long-time 
detractor, opposition MP Aram Sargsyan. 
 
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COMMENT:...BUT ACTIONS SPEAK LOUDER THAN WORDS 
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4. (C) NA Deputy Speaker Tigran Torosyan, who leads the 
GOAM's effort on constitutional reform, continues to exercise 
his tight grip on the current process.  He still believes 
that the "experts" should handle the drafting and editing 
process before inviting the general public to a debate on the 
issue.  Buquicchio's statements, and the surprising public 
engagement of Kocharian and Baghdasaryan on the issue, may 
have opened a space in which civil society can operate and 
push elected officials to make these reforms.  If they are to 
make good on their promises, Kocharian and Baghdasaryan will 
have to push Torosyan and others to invite the public into 
the discussion through roundtables, media events and public 
dissemination of the draft amendments.  Buquicchio confided 
to us that, of all the GOAM officials with whom he met, he 
was most enthusiastic about Baghdasaryan's ability to push 
for these changes.  We will press Baghdasaryan on the issue 
as he prepares for a Voluntary Visitor program in Washington 
later this summer.  We at Post are supporting a number of 
implementers -- some of whom have designed specific programs 
-- who are committed to raising the volume on this issue. 
EVANS