VENICE COMMISSION'S HARSH WORDS ON CONSTITUTION

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