US embassy cable - 05YEREVAN1749

C O N F I D E N T I A L SECTION 01 OF 02 YEREVAN 001749 
 
SIPDIS 
 
DEPT FOR EUR/CACEN, DRL 
NSC FOR DAVID MERKEL 
USMISSION OSCE FOR KIT TRAUB 
 
E.O. 12958: DECL: 09/29/2015 
TAGS: PREL, PGOV, AM 
SUBJECT: NATIONAL ASSEMBLY PASSES CONSTITUTIONAL AMENDMENTS 
WITH LAST MINUTE SUBSTITUTIONS 
 
REF: A) YEREVAN 1657 B) YEREVAN 1593 
 
Classified By: DCM A.F. Godfrey for reasons 1.4 (b,d) 
 
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SUMMARY 
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1. (C) On September 28, the Armenian National Assembly passed 
in third and final reading a package of revised 
constitutional reforms that will be put to national 
referendum in November (reftels).  Despite the legal 
requirement that only technical changes are permitted between 
the second and third readings, the National Assembly made 
substantive revisions to sections of the amendments governing 
judicial review of referendum results, the relationship 
between church and state, and foreign ownership of property 
in Armenia.  In the same session, the National Assembly 
adopted changes to the Law on Referendum, which will now 
allow elected officials to campaign on political issues, 
including the referendum on constitutional amendments. 
Opposition members criticized the ruling coalition for the 
last minute substitutions, which are still under review at 
the Council of Europe.  The opposition actively participated 
in the parliamentary discussion, but boycotted both votes. 
Parliament's September 28 changes to the Council of Europe 
(CoE) Venice Commission-approved constitutional amendments 
package will promote "more, not less democracy," Rule of Law 
National Assembly Deputy Mher Shahgeldian told the CDA 
shortly after the vote.  End Summary. 
 
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SUBSTANTIVE CHANGES TO THE CONSTITUTIONAL AMENDMENTS 
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2. (C) The Armenian Parliament convened in extraordinary 
session on September 27 with two items on the agenda:  the 
final hearing of the constitutional amendments and changes to 
the Law on Referendum (ref B).  Under Armenian law, only 
editorial and technical changes are permitted between the 
second and third readings.  Parliament, however, made 
substantive revisions that would 1) allow the GOAM to draft 
legislation to regulate its relationship with the Armenian 
Apostolic Church; 2) reduce -- from a majority to one fifth 
-- the proportion of parliamentary votes required to refer 
referendum results to the Constitutional Court for review; 
and, 3) reinstate provisions from Armenia's current 
constitution which regulate foreign ownership of land.  Rule 
of Law Party Deputy Mher Shahgeldian told us the changes 
would promote "more, not less democracy," in line with 
suggestions made by the Council of Europe, the OSCE, the 
European Union, and the USG.  After the vote, National 
Assembly Speaker Artur Baghdasaryan told reporters that 
Parliamentary rules governing technical edits to 
third-reading documents did not expressly prohibit the 
changes. 
 
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LAW ON REFERENDUM CHANGED TO ALLOW CAMPAIGNING 
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3. (SBU) In the same session, Parliament modified the Law on 
Referendum to permit elected officials to engage in campaigns 
while on duty.  According to news reports, members of the 
governing coalition argued that the changes will facilitate a 
successful public awareness campaign of the constitutional 
reforms package.  Opposition Justice Bloc Secretary Victor 
Dalakyan told reporters he believes the changes will provide 
officials the legal right to abuse government resources for 
their own campaigns.  Parliament adopted the amendments to 
the Law on Referendum in first, second, and third readings 
within 24 hours. 
 
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OPPOSITION PARTICIPATES IN DEBATE BUT BOYCOTTS VOTES 
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4. (SBU) Opposition deputies, both from the National Unity 
Party (who have officially ended their boycott of the 
National Assembly (reftel)) and the Justice Bloc (who claim 
to have interrupted their boycott in order to participate in 
these debates) were very active during the September 27-28 
session.  Flipping roles, coalition deputies did not actively 
participate in the debates.  Both the constitutional 
amendments and the Law on Referendum were adopted 
unanimously.  The constitutional amendments passed the 
131-member Parliament in third and final reading with 90 
votes.  The Law on Referendum passed with 92 votes. 
Opposition parties did not participate in the votes. 
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PARLIAMENT TO KOCHARIAN:  SET DATE FOR REFERENDUM 
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5.  (C) In the September 28 session, Parliament officially 
requested President Kocharian set a date for the 
constitutional amendments referendum.  Kocharian has three 
weeks to respond and, if he accepts -- which he has told us 
he will -- he must schedule the referendum for no earlier 
than 45 and no later than 60 days after signing the decision. 
 Kocharian and the coalition have discussed November 20 and 
26 as possible options for the referendum. 
 
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COMMENT:  CONTINUED SUPPORT FOR A BETTER CONSTITUTION 
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6. (C) The changes to the constitutional amendments, while 
very late in a very murky process, do not change our 
assessment that the amendments are a move in the right 
direction.  The Council of Europe is currently reviewing 
Parliament's revisions, but plans to move ahead with an 
aggressive public information campaign.  We will reiterate 
publicly our judgment that, while these amendments are not 
perfect, they do represent a step forward for Armenia. 
EVANS