Identifier
Created
Classification
Origin
04YEREVAN1010
2004-04-30 10:22:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Yerevan
Cable title:  

PARLIAMENT ADOPTS LAW ON RALLIES

Tags:  PHUM PGOV AM 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 02 YEREVAN 001010 

SIPDIS

SENSITIVE

DEPT FOR EUR/CACEN; DRL

E.O. 12958: N/A
TAGS: PHUM PGOV AM
SUBJECT: PARLIAMENT ADOPTS LAW ON RALLIES


UNCLAS SECTION 01 OF 02 YEREVAN 001010

SIPDIS

SENSITIVE

DEPT FOR EUR/CACEN; DRL

E.O. 12958: N/A
TAGS: PHUM PGOV AM
SUBJECT: PARLIAMENT ADOPTS LAW ON RALLIES



1. (U) Sensitive but unclassified. Please protect
accordingly.

--------------
SUMMARY
--------------


2. (SBU) The Armenian National Assembly passed the
controversial "Law on the Procedure of Staging
Meetings, Rallies, Marches and Demonstrations" (Law on
Rallies) in its third and final reading April 28. The
Law on Rallies allows demonstrations to take place
without formal permission by the government, but places
certain restrictions on their location. Specific
provisions of the Law on Rallies have drawn criticism
from the opposition and the Council of Europe, who
question whether authorities will use the law to
restrict future demonstrations. The governing
coalition contends that the law makes it easier for
citizens to hold rallies, and incorporates nearly all
of the suggested amendments from international
organizations and NGOs. End Summary.

--------------
LAW ON RALLIES PASSES
--------------


3. (SBU) The Armenian National Assembly passed the Law
on Rallies by a near unanimous vote April 28. (Note:
Opposition deputies continue their parliamentary
boycott, and consequently did not vote on the law. End
Note.) Under the provisions of the law, organizers of
demonstrations and rallies no longer must obtain a
government permit to hold a rally, but need only to
notify authorities in advance of their planned action.
All citizens are entitled to participate in rallies,
and the police and government officials can be held
criminally accountable for infringing on this right.
The law places limitations on where rallies can be
legally held without explicit government approval;
government offices, "cultural sites," and venues where
another rally or public event is concurrently taking
place require pre-approval from the police. The police
are empowered to breakup rallies and demonstrations
that violate the law, specifically those that encourage
violence or call for the violent overthrow of
authorities.

-------------- --
COUNCIL OF EUROPE AND GOAM SPAR OVER PROVISIONS
-------------- --


4. (SBU) The Law on Rallies quickly passed its final
two readings after coming under heavy criticism from
the Council of Europe's (COE) Venice Commission during
a roundtable discussion April 22. The COE's
Representative in Armenia, Natalya Vutova, presented
the GOAM with a formal finding by the Venice Commission
that some provisions of the law ran contrary to the
11th Article of the European Convention on the Right to
Hold Meetings. The COE document noted, "The general
impression and effect of the law as a whole is one
which limits and interferes in an area which should . .
. be allowed to be exercised without regulation." The
COE noted that authorities could use the law's vague
provisions regulating the location of rallies to
infringe upon basic freedoms of assembly and
expression. Deputy Speaker Tigran Torosyan angrily
denounced the COE's position, contending that the
organization was unfairly linking the current political
upheaval in Armenia with the law. Justice Minister
David Harutunyan also took exception to the COE
criticism, noting that the GOAM had been closely
engaged with international organizations and NGOs in
the drafting of the law and had incorporated "90
percent" of the 80 amendments suggested.

--------------
LAW ADDS FUEL TO OPPOSITION'S FIRE
--------------


5. (SBU) In the past week, the opposition has also
sought to draw a link between their anti-government
movement and the law. Opposition leaders say that the
law is an attempt to stifle their campaign to unseat
President Kocharian, and had made its withdrawal from
consideration one of their demands to the government.
After the law passed in its second reading April 27,
opposition leaders refused to engage in further
negotiations with the governing coalition.

--------------
COMMENT: POOR TIMING
--------------


6. (SBU) The governing coalition displayed a lack of
political deftness in pushing through the Law on
Rallies in the midst of the opposition demonstrations.
Though the law had been under consideration (and
discussion with international organizations and NGOs)
for some time, and certain provisions enhance rather
than curtail citizen's rights to engage in peaceful
demonstrations, it provides further fuel to the
opposition's campaign. The governing coalition
contends that a lack of other legislative agenda items
moved up the timetable to take a final vote on the law,
but in so doing they played into the opposition's
suspicions that they were never seeking to resolve the
political impasse or negotiate in good faith.
WALKER