US embassy cable - 05YEREVAN1956

UNCLAS SECTION 01 OF 02 YEREVAN 001956 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR EUR/CACEN, DRL 
 
E.O. 12958: N/A 
TAGS: PHUM, PGOV, AM 
SUBJECT: ARMENIA:  PRESIDENT APPROVES AMENDMENTS TO LAW ON 
PUBLIC ASSEMBLY 
 
REF: A) YEREVAN 1938 B) 04 YEREVAN 973 
 
1. (U) Sensitive but unclassified.  Please protect 
accordingly. 
 
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SUMMARY 
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2. (SBU) On October 31, President Robert Kocharian approved 
legislation amending the Armenian Law on Conducting Meetings, 
Assemblies, Rallies and Demonstrations.  The amendments 
include "most recommendations" from the Council of Europe's 
Venice Commission, though the law still contains regulations 
which a Venice Commission opinion (published November 2) 
observed "are not properly linked to permissible reasons for 
restrictions."  The Venice Commission opinion, drafted by 
OSCE/ODIHR experts, clearly states that actual implementation 
will be the true criterion for judging government respect for 
freedom of assembly in Armenia.  End Summary. 
 
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AMENDED LAW ON ASSEMBLY 
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3. (SBU) On April 28, 2004, following a series of 
opposition-organized public demonstrations (ref B), the GOAM 
hastily adopted the Armenian Law on Conducting Meetings, 
Assemblies, Rallies and Demonstrations.  At the time, 
opposition parties, press, and human rights activists heavily 
criticized the GOAM, alleging the GOAM had unduly restricted 
freedom of speech and assembly and thwarted citizen's rights 
to protest elections they perceived to be flawed.  On October 
31, President Robert Kocharian signed legislation amending 
the controversial law. 
 
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THE JURY'S STILL OUT 
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4. (SBU) "Most of our recommendations are now reflected in 
the law," according to a Venice Commission opinion -- 
published on November 2 -- based on findings by OSCE/ODIHR 
legal experts Michael Hamilton and Neil Jarman.  The Venice 
Commission opinion, however, criticized the law for 
"excessive detail" and recommended further amendments, which 
would limit the authority of local government bodies to 
restrict events "where the legitimate aims of the European 
Convention on Human Rights are engaged."  Helsinki Committee 
Chairman Avetik Ishkanyan -- one of the few human rights 
activists to comment on the changes -- told us that the 
amendments were generally positive, but the overall law still 
unduly restricted freedom of speech and assembly.  OSCE 
Programs Officer Ruzanna Baghdasaryan told us that OSCE/ODIHR 
and the Venice Commission would judge Armenian progress 
toward freedom of assembly by the GOAM's implementation of 
the law, not the law itself. 
 
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THE GOOD AND THE BAD AMENDMENTS 
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5. (SBU) The Venice Commission opinion commended the new law 
on assembly for simplifying notification procedures, allowing 
spontaneous mass gatherings, and removing public television 
and radio stations and the Central Bank from the list of 
facilities around which groups are prohibited from gathering. 
 Despite these positive steps, the Venice Commission also 
criticized the amendments for removing specific timeframes 
within which security officials must suggest alternative 
dates and times for organized gatherings.  According to the 
Venice Commission opinion, government regulators may now 
exploit the new law by choosing to delay permission for 
alternative dates and times -- effectively prohibiting 
specific activities or events.  As with the previous version 
of the law, gatherings within 150 meters of military bases, 
security zones, and prisons are still prohibited and security 
officials retain the right to determine the minimal distance 
for gatherings near the Presidential Palace, underground 
natural gas storage areas, the "Orbita-2" Satellite Station, 
and the Armenian Nuclear Power Plant. 
 
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COMMENT:  A SMALL STEP FORWARD? 
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6. (SBU) In general, the amended Law on Conducting Meetings, 
Assemblies, Rallies and Demonstrations is another welcomed 
step forward for Armenian legal reform.  The Venice 
Commission opinion clearly notes, however, that actual 
implementation of the amendments will be the true criterion 
for judging progress toward government respect for freedom of 
assembly, a real standard we support in all of our meetings 
with GOAM officials. 
EVANS